Loading...
HomeMy WebLinkAbout5/19/1982At Wednesday, -May 19, 1982 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, May 19, 1982, at 8:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Dick Bird; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were David L. Greene, Assistant County Administrator; L.S. "Tommy" Thomas, Intergovernmental Coordinator; Gary "Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; Dan Fleischman, Bailiff; and Virginia Hargreaves and Janice Caldwell, Deputy Clerks. The Chairman called the meeting to order. Reverend Thomas Bates, First Church of God, gave the invocation, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO AGENDA The Chairman asked if there were any additions to the Agenda. Commissioner Fletcher requested adding an item concerning the Administrator. On Motion by Commissioner Fletcher, seconded by Commissioner Lyons, the Board unanimously agreed to add the emergency item to the Agenda, as requested by Commissioner Fletcher. Commissioner Lyons requested adding an item concerning an appointment to the Library Advisory Board. On Motion by Commissioner Lyons, seconded by Commissioner Fletcher, the Board' unanimously agreed to add the emergency item to the Agenda, as requested by Commissioner Lyons. MAY 1,91982 Item 19-E-1 regarding the Parks & Recreation Committee at 11:15 o'clock A.M. Attorney Brandenburg requested adding an item concerning the Treasure Coast Utilities. On Motion by Commissioner Lyons, seconded by Commissioner Fletcher, the Board unanimously agreed to add the emergency item to the Agenda, as requested by Attorney Brandenburg. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 21, 1982. Commissioner Lyons referred to page 35, line 28, and suggested "correspondence" be changed to "communication." Commissioner Bird referred to page 16, line 31, and requested that "bugeV' be corrected to "budget." On Motion by Commissioner Fletcher, seconded by Commissioner Lyons, the Board unanimously approved the Minutes of the Regular Meeting of April 21, 1982, as amended. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of April 28, 1982. On Motion by Commissioner Fletcher, seconded by Commissioner Wodtke, the Board unanimously approved the Minutes of the Special Meeting of April 28, 1982, as written. The Chairman asked if there were any additions or corrections to the Minutes of'the Regular Meeting of May 5, 1982. Commissioner Bird referred to page 40, last paragraph, and noted that his question regarding the financial cap had not been answered. The Recording Secretary checked the tape of the meeting and the following paragraph will be inserted after the last paragraph_ on page 40: "The Attorney responded that there was no cap in the dollar amount of revenue bonds that the County could issue as long as each one of them met the requirements of the law." On Motion by Commissioner Fletcher, seconded by Commissioner Lyons, the Board unanimously approved the Minutes of the Regular Meeting of May 5, 1982, as amended. CLERK TO THE BOARD A. Budget Amendment Unemployment Compensation The Board reviewed the following memorandum from the Finance Director dated May 3, 1982: May 3, 1982 z: Board of County Commissioners } From: Jeffrey K. Barton, Finance Director Re: Unemployment Compensation The following budget amendment is necessary to allocate funds to pay unemployment compensation for the quarter ending March 31, 1982, as there were no funds allocated for this expense. I recommend that these funds be adopted as part of the additional funds approved. Account Title Account Number ,Increase Decrease Unemployment Compensation 001-210-572-12.15 375- Unemployment Compensation 001-300-512-12.15 144. B.C.C. Contingencies 001-199-513-99.91 519• Unemployment Compensation 411-217-534-12.15 630. B.C.C. Contingencies 411-199-534-99.91 630• Unemployment Compensation 471-235-533-12.15 1,044. B.C.C. Contingencies 471-235-533-99.91 1,044. MAY 19 1982.3 Commissioner Lyons, that the Board approve the Budget Amendment as indicated in the Finance Director's memorandum of May 3, 1982. 4 Commissioner Bird inquired what the County policy was in regard to appealing some of the unemployment claims. Finance Director Barton explained that if a person was let go from the County, took another position and was once again let go, it would go back as a claim against anybody he had worked for previously. There was no appeal. Assistant Administrator Green interjected that they had been very aggressive in following up all unemployment claims. The Chairman called for the question. It was voted on and carried unanimously. B. Budget Amendment - 1980-81 Revenue Bonds The Board discussed the memorandum dated April 30, 1982 as follows: April 30, 1982 To: Board of County Commi:ss i;oners From: Jeffrey K. Barton, Finance Director Re: 1980-81 Revenue Bonds When the budget for the. 1980-81 Bonds debt service fund was adopted, we failed to provide a sufficient appropriation to pay the interest. The following budget amendment is necessary to increase the appropriation for debt service -interest expense. Account Title. Account Number Increase Debt Service -Interest 202-117-513-77.21 $50,025 Interest Investments 202-000-361-10.00 $50,025 Decrease ir Mr. Barton explained that the Revenue Bonds were for the renovation of the Administration Building. On Motion by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously approved the budget amendment for the 1980-1981 Revenue Bonds, as indicated in the April 30th memorandum from the Finance Director. C. Tax Sale Certificate On Motion by Commissioner Wodtke, seconded by Commissioner Fletcher, the Board unanimously approved Tax Sale Certificate No. 606 in the amount of $176.81 for the Florida East Coast Railway Company. D. Sheltered Workshop Grant Application - Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the Board approve the Sheltered Workshop Grant Application, and authorize the signature of the Chairman. 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. The Sheltered Workshop Grant Application is on file in the Office of the Clerk. E. Purchase of IBM Dis2laywriter Systems On Motion by Commissioner Lyons,* seconded by Commissioner Fletcher, the Board unanimously agreed to defer this item until the next carry-over meeting, which is scheduled for May 26, 1982. CONSENT AGENDA A. Reports on File The following reports were received and placed on file in the Office of the Clerk: Traffic Violation Bureau - Special Trust Fund, April, 1982 - $40,674.00 Traffic Violation Fines by Name - April, 1982 MAY 1.91- t- . -'Z - PROCLAMATION HONORING JOHN ALLEN Chairman Scurlock read aloud and presented the following proclamation to John Allen: R Fr 6 4 P R O C L A M A T I O N IN HONOR OF JOHN ALLEN, CUSTODIAN AT THE COURTHOUSE WHEREAS, MR. JOHN ALLEN is recognized by many as a familiar and friendly face in and around the Indian River County Courthouse; and WHEREAS, JOHN ALLEN has faithfully served the County in the position of Courthouse Custodian for the past thirteen years, during which he has skillfully attended to the needs and desires of not only the building and grounds, but of many of the employees and members of - the public as well; and WHEREAS, the gentleman is probably best known for his green. thumb and the special attention and care he devotes to the ornamental landscaping and plants surrounding the Courthouse; and WHEREAS, JOHN ALLEN has kept the Courthouse operating and "open for business as usual" throughout the traumatic and lengthy period of renovation; and WHEREAS, it is altogether fitting for the Board of County Commissioners on behalf of the citizens of Indian River County to recognize the dedication of this long-time friend and employee of the County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUI�-i'�' COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that JOHN ALLEN is hereby extended the County's sincere congratulations and appreciation for a continuing job well done. ti Attest: ` - J'/ FREDA WRIGHT, C .rk APPROVED AS TO FORM AND LEGAZ/2UFFIC.IEN, By BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DON C. SCU TACK, JR. nair.aa:; e _e _ _ n , Vice-Chair.-aan ATRICK B. `')..f/ /'117 WILLIAM C. WODTKE, JR. DICK BIRD r Iv. -BRANDENBURG, bounty Attorney9, 1982 - MAY 9 1982 .� _ .�. MAY 19198.E 10 PROCLAMATION HONORING HAROLD P. GREGG, SR. The Chairman read aloud the following proclamation, which is to be mailed to Harold P. Gregg, Sr.: P R O C L AMA Z` I O I WHEREAS, HAROLD P. GREGG, SR., Assistant Adjudicator of the Veterans Administration, Regional Office, St. Petersburg, Florida, is scheduled for retirement from that office on the 3!s-,'-- day 1stday of May, 1982; and WHEREAS, HAROLD P. GREGG, SR., has the.envied reputation of being the "Best Adjudicator in the Entire VA System", and through his patient understanding and devotion to his job for a vast period - from July 1940' until the date of his retirement - has served the people of this nation, this state, and this county in obtaining the many and myriad benefits available to then through legislative actions of the Congress of the United Sta:.es; and WHEREAS, HAROLD P. GREGG, SR. ° s, vast knowledge of these 4. laws and rules of veterans legislation has been readily and unselfishly impacted to the Indian River County Veterans Service office since joining the Regional Office of the Veterans Administration in 1959; and WHEREAS, HAROLD P. GREGG, SR., has proved by his act -ions that his entire life has been dedicated to his fellow -man, a;.d specifically the veterans of this great nation's wars; and whose expertise will be sorely missed by the entire state. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUa2--,' COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that on behalf c--" itself and the'citizens of Indian River County, HAROLD P. GREG;:: SR., be hereby thanked for his effective and dedicated service to the veterans of Indian River County and to wish HAROLD P. GREGG; , SR., a most successful and rewarding future in whatever area of endeavor he may elect to pursue. Attest: FREDA WRIGHT, Cl k APPROVED AS TO FORM AND LEG. SUFFICIE CY Gj�: BRANDr.NBURG &ran Attorney May 19, 1982 BOARD OF COUNTY CON,MISSIONERS OF NDIAN RIVER COUNTY, FL ZIDA DON C. SCURLOCK, JR. ' Chairman n A. GROVER FLETCHER LANDFILL - 1982 BI -ANNUAL REPORT The Board next considered the following information dated May 11, 1982 from the Assistant County Administrator, and other material: MAY 191982 9 MAY 19 1982 TO: The Honorable Members of DATE: May 11, 1982 the Board of County Commissione4s FILE: SUBJECT: Addendumoto basic agreement with Post, Buckley, Schuh & Jernigan, Inc. Re: 1982 Bi -Annual Report FROM:Davi d L-' REFERENCES: Greene Assistant County Administrator DESCRIPTION AND CONDITIONS Enclosed please find proposed addendum to the basic agreement for professional services whereby Post, Buckley, Schuh and Jernigan, would continue to serve as the County's solid waste consulting engineering firm. They will have the responsibility for preparation and submission of the Bi -Annual Report regarding the solid waste operations for the County's Landfill.- The requirement for` the Bi-Ahnual Report is contained within the bond convenants that established the relationship between the County and the Bond,Holders with regard to the operation of the Landfill. Staff has had several meetings and discussions with representatives of Post, Buckley, Schuh and Jernigan with regard to their proposal. At the present time, Post, Buckley, Schuh and Jernigan has indicated willingness to perform the necessary work to meet the requirements of the bond convenants for a total fee not to exceed $14,900.00. Basically the Bi -Annual Report is to address three overall topics; 1. Deals with the condition and adequacy of existing equipment, need for repair, replacement and needed equipment to meet anticipated needs over the next two (2) fiscal years. 2. The performance and adequacy of existing labor necessary to efficiently operate and maintain the existing and anticipated new equipment and facilities during the next two (2) fiscal years. 3. The adequacy of system revenues that are derived from user charges and/or other services to pay the projected cost of operating and maintaining the equipment and facilities, existing and proposed, during the next two (2) fiscal years. ALTERNATIVES AND ANALYSIS Alternative #1 - Accept enclosed proposed addendum. Alternative #2 - Seek additional proposals in accordance with the Competitive Consultant Negotiations Act. , The chief advantage of Alternative #1 is that Post, Buckley, Schuh and Jernigan have been the County's Landfill consultants from the beginning of the project and are very familiar with the day-to-day operations of the Landfill, existing personnel, equipment and the like. Therefore, presumably due to this familiarity it will be less expensive for them to perform the work for the County than an other firm. The chief advantage of Alternative #2 the bidding for additional proposals regarding the preparation and submission of the Bi -Annual Report would be that we could .negotiate with other firms and per- haps obtain a fresh insight into the operation of the Landfill and establish a proper relationship with -another firm. This may result in lower overall costs in the future. RECOAZIENDAT I ONS It is recommended that the Board approve of the proposed addenda to the basic agreement between the County and Post, Buckley, Schuh and Jernigan. Transfer $15,000.00 from account #461-235-536-99.91 (Board of County Commission Reserve for Contingency) to account #411-217-534-33.13 for completion of this report. Motion was, made by Commissioner Wodtke, seconded by Commissioner Lyons, that the Board approve the recommendation of the Assistant County Administrator of the proposed addendum to the basic agreement between the County and Post, Buckley, Schuh and Jernigan; and to transfer $15,000 from account #461-235-536-99.91 to account #411-217-534-33.13. A brief discussion ensued. Mr. Greene did not feel that the County should go out and seek proposals as Post, Buckley, SchVh & Jernigan, Inc. had the greatest familiarity with the Landfill. He advised the County was also able to obtain a reduction in price for their services. 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. } C J�gI ll gNgl and PLANNERS �IK vy ` =f 319 hA UI B �LR;)O#ip D L lDv3 (3 854 041 Talk�,wq� "ate «! A ' Z7" L N. 889 Orange Avenue"Fy Orlando, FL 32801 t- e (305)423-7275 A044 tUl. SERVICES AIDE f VAM49 'PUS m PROJECT NUMBER 069- SHORTTITLE 1982Bi -Annual Report NOTICE TO PROCEED FROM (NAME/DATE): May 1, 1982 THIS ADDENDUM to the Agreement dated- Mau 19 1-982 between Post, Buckley, Schuh & Jernigan, Inc., (PBS&J) and the Client identified hereln is for theXOitr MMMServices described in Item 5 of this Addendum ff 1. CLIENT:_ Tndian River County Board of Commissioners 2. ADDRESS: 1840 95th'Street 3. TELEPHONE Vern Reach, Flnrida_3 6� NUMBER: 305)567-8000 upon 4. PBS&J shall begin work promptly on the re uested MUNNAKServicesi, Pvl%"W"i "UMM )�? receipt of a fully executed copy of this Addendum. (Client retain white copy, return remaining copies 5. Description of A)MINT" Services to be provided by PBS&J (attach additional pages, If necessary): The Engineer shall prepare a bi-annual report on the solid waste operations for the County sanitary landfill and submit 20 copies of the report to the County by July 1, 1982. The report shall consider specific topics including, but not limited to: 1. Condition and adequacy of existing equipment and need for repair, replace- ment, and addition of equipment to meet anticipated needs over the next two fiscal years. 2. Performance and adequacy of existing labor to efficiently operate and maintain existing and anticipated new equipment and facilities during the next two fiscal years. 3. Adequacy of system revenues derived from user charges and other services to pay the projected costs of operating and maintaining the equipment and facilities (existing and proposed new) during the next two fiscal years (FY '83 and FY '84). 6. The compensation to be paid PBS&J for providing the requested services shall be: CX A. Direct personnel expense plus a surcharge of 150%, plus reimbursable costs. See explanation on reverseside. Totalfeesshall not exceed $14,900 without prior authorization from ❑ B. A Lump -Sum ch%eooT r' , ❑ C. Unit Cost/Time Charges identified in Exhibit A, attached. ❑ D. In accordance with the provisions for Additional Services compensation set forth in the aforemen- tioned Agreement. IN WITNESS WHEREOF, this Addendum is accepted this 19 day of May 1982—_, subject to the terms and conditions of the aforementioned Agreement and the provisions on the reverse hereof. CLIENT: POST, BUCKLFYeCHUH & SIGNED:16 SIGNED: TYPED NAME: C S to k frgr TYPED N TITLE: Chairman TITLE • dag*er4oi "T=—: —5 - 2_4 � _ ,.-�.. —. _ . _ _--'-" DATE: ..:li 11 fo I Is Ib n: FRM NO.� G randan',u{ C Inty Attorney *' SIGN WITH BALL POINT PEN Yellow - PBS&J; Pink- Proioct Manager; Gold -Acct. Proposal File 1� Services JOB CLASSIFICATION Group Manager Project Manager Engineer/Writer Technician/Draftsperson Report Typist TABLE 2 PROJECT COST -BUDGET ESTIMATE 1982 BI -ANNUAL REPORT ESTIMATED MANHOURS 32 130 130 15 38 TOTAL LABOR COST TOTAL DIRECT COST TOTAL PROJECT UPSET LIMIT LABOR COST $ 2,143.00 6,758.00 4,060.00 404.00 727.00 $14,092.00 808.00 $14,900.00 MAY 9 X98 X676 LANDFILL - REDESIGN The Board discussed the following memorandum dated May 12, 1982 from Mr. Greene: The honorable Members of May 12f 1982 rIL.=: - t e Board cs County Co=lissioners 4 SUBJECT: Addendum to basic agreement with Post, Buckley, Schuh & Jbrnigan, Inc. Re:. Landfill Redesign FROM: --._ REFERENCES:' David L. Greene Assistant County Administrator DESCRIPTION AND CONDITIONS Enclosed please find proposed addendum to the basic agreement for professional services whereby, Post, Buckley, Schuh and Jernigan, Inc. would continue to serve as -the County's solid waste consulting engineering firm. The purpose of the proposed.addendum is to pro- vide the necessary engineering services to submit the application package for renewal of the County's Sanitary Landfill permit #SO 31-4556 for a Class 1 Sanitary Landfill. 'The County's present Landfill permit expires in August of this year._ Staff has had several meetings with representatives of Post, Buckley, Schuh and Jernigan with regard to the proposal. At the present time Fost, Buckley, Schuh and Jernigan has indicated willingness to perform the necessary work in order to obtain a new operating permit for the County's Landfill for a total fee not to exceed $18,300.00. ALTERNATIVES AND ANALYSIS Alternative #1 - Accept the enclosed proposed addendum. Alternative #2 - Seek additional proposals in accordance with the Competitive Consultant Negotiations Act. The prime advantage of Alternative #1 is that Post, Buckley, -Schuh and Jernigan have been the County's Landfill consultants from the beginning of the project and are familiar with the day-to-day operations of the Landfill. Thus it is likely that it would be less expensive for them to perform the required work than to locate another firm. The prime advantage of Alternative #2 the bidding for additional proposals regarding the preparation of the necessary documents in order to obtain a new Landfill Operating Permit would be that we could negotiate with other firms and perhaps obtain a more competitive quote. , RECOMMENDATIONS It is recommended that the Board approve of the proposed addendum to the basic agreement between the County and Post, Buckley, Schuh and Jernigan. Thereby authorizing them to proceed with the -Landfill Redesign project. Monies I�_ t'�e taken from account 7#411-00�- � TABLE 1 PROJECT COST BUDGET ESTIMATE LANDFILL REDESIGN/PERMITTING ESTIMATED TASK JOB CLASSIFICATION MANHOURS 1 Group Manager 24. Project Manager 24 Senior Engineer 8 Project Engineer 24 Technician/Draftsperson 24 Typist 8 TOTAL LABOR COST TASK 1 TOTAL ESTIMATED DIRECT COST TASK l TOTAL ESTIMATED COST FOR TASK 1 2 Group Manager .40 Project Manager 48 Project Engineer 8 Technician/Draftsperson 72 Typist 20 TOTAL LABOR COST TASK 2 TOTAL ESTIMATED DIRECT COST TASK 2 TOTAL ESTIMATED COST FOR TASK 2 3 Group Manager 8 Project Manager 40(b) Project Engineer 48(b) Technician/Draftsperson 24 Typist 24 TOTAL LABOR COST TASK 3 TOTAL ESTIMATED DIRECT COST TASK 3 TOTAL ESTIMATED COST FOR TASK 3' TOTAL ESTIMATED COST FOR PROJECT LABOR COST $1,607.00 1,248.00 429.00 750.00 647.00 153.00 $2,678.00 2,495.00 250.00 1,940.00 383.00 $ 536.00 -_2,079.00 1,499.00 647.00 459.00 $ 4,834.00 100.00 $ 4.934.00 $ 7,746.00 300.00 $ 8,046.00 $ 5,220.00 100.00 $ 5.32n.no tm-vn_nn (b) Includes one day for any changes or revisions in the permit application resulting from final review. a AY MJ 9 i98� ATTACHMENT Al SCOPE OF SERVICES. TASK 1 CONCEPTUAL DESIGN PLAN 1.1 The ENGINEER shall develop a conceptual design plan for adding an addi- tional lift to Segment No. 1 at the Indian River County Sanitary Landfill. This concept design shall consider final land form, site drainage improvements, and vegetative screening. The ENGINEER shall prepare and provide the OWNER with a reproducible sketch of the conceptual design plan showing a plot plan layout and a typical cross section through Segment No. 1. TASK 2 DESIGN/OPERATION PLANS. 2.1 The ENGINEER shall prepare preliminary (75 percent complete) design/opera- tional plans for Segment No. 1 which conform to DER requirements for submission of an application for a permit to construct/operate a Class I sanitary landfill, and which are in accordance with the approved conceptual design plans developed under Task 1. Specifically, eadh set of plans shall include: a) A title sheet with a map locating the site in relation to major thorough- fares and local landmarks. b) A mylar reproducible aerial photo and topograph-of the site and the surrounding area, which has a scale of one inch equals 200 feet and contour intervals of not more .than 2 feet, which was taken within the last six months, and which shows land use and zoning within 1/4 mile of the site. c) A plot plan of the site showing dimensions, proposed-filling'sequence, original elevations, and cover stockpiles. The scale of the plot plan shall not be greater than one inch equals 200 feet. d) A cross section and detail sheet showing original and proposed fill elevations, drainage system design, vegetative screening, etc. _::gineer sna 3 atteac a on meeting with the C.4NER and w DER reprasentative at the sanitary landTill site to review the preliminary (75 percent complete) operational plans and design criteria. 2.3 The ENGINEER shall incorporate comments and input from OWNER'S representatives into the preliminary design/operation plans and submit the plans to DER for their review and comment. 2.3 Considering the comments by the OWNER and DER on the preliminary design/ope- ration plans for the site, the ENGINEER shall finalize the plans. TASK 3 PERMITTING ASSISTANCE 3.1 The ENGINEER shall prepare and submit an operating permit=ppplication and supporting documentation for the site, along with the finalized design/operation plans to DER for their review, approval, and renewal,of Permit No. SO 31-4556. 3.2 The ENGINEER shall make minor changes or•revisions as required for plan ap- proval and resubmit revised documents to DER. Minor changes shall be defined as those requiring less than two mandays of engineering time. Motion was made by Commissioner Wodtke, seconded by Commissioner Bird, that the Board approve the proposed addendum to the basic agreement between the County and Post, Buckley, Schuh and Jernigan to proceed with the Landfill Redesign Project; monies for completion of the report to be taken from account #411-000-101-04.00. Mr. Greene advised that the Landfill permit was due to expire and they still would have a substantial cost for renewing the permit. He pointed out that redesign of the Landfill would add two years to the life of Phase One of the Landfill. MAY 191982 17 MAY 191982 Dan R. Morrical, Project Manager of Post, Buckley, Schuh & Jernigan, affirmed that the redesign would extend the useful life of the Landfill for approximately two more years, which would mean more revenue to the County. He added that once they have the drainage design in the first phase, this design could be carried over into the next phases. Commissioner Bird inquired as to the length of the existing Landfill permit. Mr. Morrical stated that the permit was for five years. The Chairman called for the question. It was voted on and carried unanimously. Post, Buckley, SChul -14 ___�TONSULTINGWS and PLANNERS 3 11 XGRB L AR NO 1D 3 3 )891 N. 889 Orange Avenue Orlando, FL 32801 (305)423-7275 jeri`ligBi'i, Inc. T SERVICES ADDEi!d® "' PROJECT NUMBER 069- SHORT TITLE Landfill Redesign NOTICE TO PROCEED FROM (NAME/DATE): April 1, 1982 THIS ADDENDUM to the Agreement dated May 1 - 1989 between Post, Buckley, Schuh & Jernigan, Inc., (PBS&J) and the Client identified herein Is for the A dIAMA fal( Services described in Item 5 of this Addendum. 1. CLIENT: Tndian Riva* Cnunty Rnard of Commissioners 2. ADDRESS: 1840 25th Street P 3. TELEPHONE Vero Beach, FL 32960 NUMBER: (305)567-8000 upon 4. PBS&J shall begin work promptly on the requested A&UMM Services,iai�r�Sd�t�ili .f*YI )i$f,M)f V4Ml) *ecelpt of a fully executed copy of this Addendum. (Client retain white copy, return remaining copies). 5. Description of AUMUM Services to be provided by PBS&J (attach additional pages, If necessary): The purpose of this project is to provide the necessary engineering services to submit the application package for renewal of the Indian River County Sanitary Landfill Permit No. SO 31-4556 for a Class I sanitary landfill, as set forth in Chapter 17-7 of the Florida Administrative Code (FAC), and in accordance with the letter dated February 12, 1982, from the Florida Department of Environmental Regu- lation (DER) to Indian River County regarding said permit renewal. The ENGINEER will prepare the required applications and supplemental data for submission to DER including design/operation plans to extend existing usable life of Segment No. 1 of the Indian River County Sanitary Landfill and shall submit the applications and supplemental data to DER on behalf of the OWNER. A detailed Scope of Services is contained in Attachment Al and made a part of this Addendum. 6. The compensation to be paid PPS&J for providing the requested services shall be: EX A. Direct personnel expense plus a surcharge of 150% lus reimbursable copts. See ex ianation on reverse side. Total fees shall not exceed $ 8,300 without prior autho�izatton from the owner. ❑ B. A Lump -Sum charge of $ ❑ C. Unit Cost/Time Charges identified in Exhibit A, attached. ❑ D. I n accordance with the provisions for Additional Services compensation set forth in the aforemen- tioned Agreement. IN WITNESS WHEREOF,'lhis Addendum is accepted this 19 day of May 19-299 subject to the terms and conditions of the aforementioned Agreement and the provisions on the reverse hereof_ CLIENT: POSI SIGNED: 4:Soe4&A04eA SIGN TYPED NAME: TYPE TITLE: C13 a 1 TITLE DATE: 5-24-82 DATE Approved as to form and le�aficie y buutl �® FOR NO. CAA Ga7infit lit. Brandenb - r t nrnnv SIGN WITH BALL POINT PEN vices nt; Yellow -PBS&J; Pink -Project Mana9er; Gold -Acct. Proposal Voir MAY19 1982 r -$ 19 _ TO: The Honorable Members of DATE: May 7, 1982 FILE: the Board of County Commissioners SUBJECT: Implementation of the Additional Water and Wastewater Improvements to Treasure Coast and Ixora Utilities and South County Water System. FROM: L REFERENCES: David L. Greene Assistant County Administrator DESCRIPTION & CONDITIONS Under prior authorization from the Board, our consulting engineers were. authorized to prepare an application for subsequent loans from Farmers Home Administration to purchase and improve Treasure Coast and Ixora Water and Wastewater Utilities and to expand water treatment plant and distribution system of the South County Water System. On April 21, 1982, FmHA issued a Letter of Condition and the County is to follow said conditions in order to obtain the remaining $2,017,100 for water improvements and $733,600 for wastewater improvements. On the same date, the County executed and returned Form 442 -46 -"Letter of Intent to Meet Conditions" to FmHA. The following analysis will provide a schedule for the implementation of the additional water and wastewater loan monies. In order to meet the conditions set forth by FmHA, and satisfy the Consent Order agreed upon with the Florida Department of Environmental Regulations and to provide water service to the Ixora Utilities so as to increase the level of utility service, thereby, justifying an increase in existing Franchise rates to County water and sewer rates. In order for this work to be carried out in a timely fashion, our engineering consultants, must be under contract to perform the work. Therefore, included with this package is Contract Modification No. 7 to our consultants' original contract to be approved by the Board so they may begin the required work. (See attachment #1). ALTERNATIVES AND ANALYSIS The following is the proposed schedule for the implementation of the additional FmHA loan monies for the water and wastewater improvements: A. Water Improvements It is suggested that the scheduling for the additional water improvements be broken down into two Phases as follows: Phase I Phase I water improvements would consist of'the construction of an 8 inch water line from 8th Street south along 20th Avenue to Oslo Road, approxi- mately 10,6:00 feet, and the extension of the 20" waterline from 18th Ave- nue to 20th Avenue, approximately 460 feet. 'By constructing these water lines, water service would be provided for the Ixora Utilities Service Area. See attachment 2 which was prepared by our consultants for the proposed scheduling of this work. Also included in Phase I, would be the purchasing of the Treasure Coast and Ixora Water Utilities. Please note that the required waterline connections to the Treasure Coast Utilities had already been made under Contract Part I of the original South County Water Treatment System. The estimated construction cost of the 8" and 20" waterline extensions is $87,890 and -the engineering cost based on the FmHA fee curves will be $5,410 for design and construction surveillance. Phase II Phase II of the proposed water improvements would- consist of the expan- sion of the South County Water Treatment Plant and additional water dis- tribution lines. The exact expansion size and extent of the distribu- tion will be determined once a detailed cost evaluation has been com- pleted of the monies available for the expansions. Once the evaluation is completed, our consultants will present a proposed schedule of the implementation of these funds to the Board for their evaluation and approval. Also included in Phase II of the proposed water improvements is the ne- cessity of the Well Field expansion. This work included the addition of a raw water well along with the inter -connecting piping to the water treatment plant and the associated hydrogelogical consulting expenses. B. Wastewater Improvements The wastewater improvements will consist of the purchase of the Trea- sure Coast and Ixora Wastewater Utilities, the abandonment of the existing wastewater treatment plants and the construction of new pump- ing stations and force mains. The new facilities will transmit the wastewater to Indian River County's treatment facility at Vista Royale, In order for this work to be completed in accordance with the Consent Order issued.by the DER, our consultants have prepared an implementa- tion schedule which should be followed in order to meet the required specified time period in the order. See attachment 2. The cost of these improvements is $733,622 as outlined in the FmHA loan application. Recommendation & Funding 1. Agreement for Engineering Services It is the recommendation of County Staff to approve the execution of Modification No. 7 to the. Engineers, Sverdrup & Parcel and Associates, Inc.'s Original Contract Dated December 20, 1972, for the additional engineering -required to implement the additional $2,017,100 for water improvements and $733,600 for wastewater improvements. 2. Water Improvements It is the recommendation of County Staff to authorize the Consulting Engineers to begin the design of the Phase I waterline extension in order to provide water to the Ixora Utilities Service Area. MAY 19 199 21 z' MAY 191982 The funding for the construction and engineering of the Phase F water improvements will be accomplished by the utilization of funds from the project contingency of the South County dater System. The construct- ion can therefore be accomplished by a Contract Change Order to Scar- borough Constructors, Inc.'s original contract, taking advantage of the original low unit prices for pipe. •. Phase II of the Water Improvements will utilize the remaining $2,017,100 water monies. A program for the implementation of these monies will be presented to the Board, once the consulting engineers have completed their evaluation of the best possible use of these funds. 3. Wastewater Improvements It is the recommendation of County Staff to authorize the Consulting Engineers to begin the design of the wastewater improvements to the existing Treasuee Coast and Ixora Wastewater Utilities in order to meet the completion date established in the Consent Order. Funding for the wastewater improvements will be made from the $733,600 FmHA loan monies. 1 Y TIME SCHEDULE FOR THE - - - --- IMPLEMENTATION - OF WATER AND WASTEWATER IMPROVEMENTS _h TO TREASURE COAST AND IXORA UTILITIES .,p& I WATER IMPROVEMENTS I XORA UTILITIES -- EXTENSION OF DISTRIBUTION SYSTEM (CON-fRACT PART I — SCARBOROUGH CONSTRUCTORS SNC.) BOARD APPROVAL TO BEGIN ISSUE EXECUTED CHANGE ORDER 19 83. Y DESIGN -- MAY 19, 1982 MAY JUNE JULY AUGUST SEPT. OCT. NOV. DEC.' JAN! FEB. MAR APRIL MAY CONSTRUCT WATER COMPLETE DESIGN LINE EXTENSION SUIBMIT PERMIT APPLICATION 2 I/2 MONTHS SU 13M1 T CONTRACT DRAWINGS TO FMHA FOR REVIEW M CV I . WASTEWATER IMPROVEMENTS ( NEW PROJECT) TREASURE COAST a IXORA UTILITIES BOARD APPROVAL TO BEGIN DESIGN — MAY 19, 1982 COMPLETE DESIGN SUBMIT PERMIT APPLICATIONS AWARD CONTRACT 19f 83 1 Mt,'ti JUNE JULY AUGUST SEPT. OCT. NOV. 1 75 DAYS FmHA REVIEW OF CONTRACT DOCUMENTS ADVERT13E FOR BIDS t RECEIVE BIDS NOTICE TO PROCEED DEC. JAN. FEB. I e MAR. APRIL MAY JUNE JULY CONSTRUCT WASTEWATER IMPROVEMENTS (10 MONTHS) AUGUST SEPT. O CT. msv*rdnm A Pa"oi �8 seoa A�soatst�, lao MAY, 1982 , r �9Pik6� MAY 19-1982 Engineer John Robbins went into detail and explained the agreement for engineering services; water improvements, and wastewater improvements. Chairman Scurlock commented that the meter sizing ordinance was going to be an important part of this matter. Lengthy discussion ensued. Mr. Robbins stated that they were approximately four months ahead of schedule; all of the reverse osmosis equipment had been completed. He added that by October 1, 1982, not including South Beach, they should be at a capacity of 5,151 customers, or 260 gallons per person per day. Mr. Robbins stated that on an average day, they are going to be short for 151 connections, which equates to about 50,000 gallons per day shy. Commissioner Lyons interjected that they were basing the capacity at the present time on a very favorable water quality. If this drought continues and if the Floridan Aquifer gets saltier, there may be a situation where the water quality may deteriorate, and he felt it may not be a good premise to say there will be a good quality of water. Discussion followed along those lines. Mr. Robbins mentioned that Vista Royale was not at full peak all of the time. In the original plans, the system at Vista Royale may be abandoned and they will be serviced from the South County line. Mr. Robbins then went over the various items in Modification No. 7 to the Agreement for Engineering Services. He remarked on items in paragraphs 7, 19, and 23 in Section A; and in Section B, item.3, the words "preliminary engineering" should be omitted. He explained that their fee would be on the FmHA fee curve. In Section D, item 9, he noted that "N/A" should be inserted in. the blank space. Motion was made by Commissioner Wodtke, seconded by Commissioner Lyons, that the Board approve the execution of Modification No. 7 to Sverdrup & Parcel & Associates, as amended, as indicated in Item 1 of Mr. Greene's memorandum of May 7,, 1982. 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. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the Board approve the improvement factors for Water and Wastewater, as outlined in Items 2 and 3 of Mr. Greene's memorandum of May 7, 1982. 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. Mr. Robbins asked for clarification from the Board to proceed with the work. The Board agreed. MAY 191982 s MAY 191982 �c 8 USDA-FmIiA Form FmHA 1942-19 MODIFICATION NUMBER 7 TO (Rev. 10-15-80) AGREENIENT FOR ENGINEERING SERVICES DATED DECEMBER 20, 1972 ' This Agreement, made this 19th day of May _'1982 , by and between Indian River -County Board of County Commi s i nprs ,hereafter referred to as the OWNER, and Sverdrup & Parcel and Associates 'Inc. hereinafter referred to as the ENGINEER: �— THE OtvtNER i to s to const t a Water and Wastewater System Improvements to include water lea mend' pant alnff isbriu ion lines expansion of the South County Water System and renovation of the Treasure Coast and Ixora Utilities in Indian River County, State of Florida ,which may be paid for in part with financial assistance from the United States of America acting through the Farmers Home Admin- istration of the United States Department of Agriculture, hereinafter referred to as FmHA, pursuant to the consolidated Farm and Rural Development Act, (7 U.S.C- 1921 et seq.) and for which the ENGINEER agrees to perform the various professional engineering services for the design and construction of said system. - WITNESSETH: That for and in consideration of the''mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES t&&G a.LIXJ1LVZZM snail rurnisn engineering services as follows: �----�lh NEER will conduct preliminary investigations, prepare preliminary drawings, provide. a 'pi list of probab a con a as of the date of the .preliurinary-repo�a ani submit a preliminary engine report following FmHA instriictions•and gui3es. - t ; _ _Tlae Ei'�'GNEER will fuinisii I O copies of the preliminary engineering report, and layout maps to R;_._� __ _ • ie w' attend co erences wi the OWNER, representatives o FmHA, or other interested parties as may bC reasnnnhiv nar-r+ecory 4. After the preliminary engineering report has been reviewed and approved by the OWNER and by FmHA and the OWNER directs the ENGINEER to proceed, the ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications andcontract documents, and prepare a final cost estimate based on the final design -for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. S. The contract documents furnished by the ENGINEER under Section A-4 shall utilize FmHA-endorsed construction contract documents, including FmHA Supplemental General Conditions, Contract Change Orders, and partial pay- ment estimates. All of these documents shall be subject to FmIiA approval. Copies of guide contract documents may be obtained from FmHA. 6. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 7. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents 6Mmoxx survey notes, tracin s, and the like, ` ,are and shall remain the property of the ZSER. 8. The drawings prepared by the ENGINEER under the provisions of Section A-4 above shall be in sufficient detail to permit the actual location of the proposed improvenienis on the ground. The ENGINEER sliall prepare and furnish to the OtiVNER without any additiunal compcnsztion, three copies of a map(s) showing the general location of needed construction easements and permanent casements and the land to be acquired. Property surveys, property plats, pro-' abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. • Position 6 FmHA 1942-19 (Rev. 10 -IS -80) (Section A - continued) 9. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for construction. 10. The ENGINEER will review and approve, for conformance with the design concept, any necessary shop and working drawings furnished by contractors. 11. The ENGINEER will interpret the intent of the drawings and specifications to protect-the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the per- formance by any contractor. 12. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 13. The ENGINEER will provide general engineering review of the work of the contractors as construction progresses to ascertain that the contractor is conforming with the design concept. 14. Unless notified by the OWNER in writing that the OWNER will provide for resident inspection, the ENGINEER will provide resident construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the contractor of contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner, shall not make the ENGINEER an insurer of the contractor's performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. 15. The ENGINEER will cooperate and work closely with FmHA representatives. 16. The ENGINEER will review the contractor's applications for progress and final payment and, when approved, submit same to the OWNER for payment. 17. The ENGINEER will prepare- necessary contract change orders for approval of the OWNER, FmHA, and others on a t6nely basis. , 18. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all con- struction and submit a written report to the OWNER and FmHA. Prior to submitting the final pay estimate, the ENGI- NEER shall submit a statement of completion to and obtain the written acceptance of the facility from the OWNER and FmHA. 19. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident inspector and from the resident inspector's construction data. 20. If State statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 21. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal operation of the system. Such consultation and advice shall be furnished without addi- tional charge except for travel and subsistence costs. The ENGINEER will assist the OWNER in performing a review of the project during the I Ith month after the date of the certificate of substantial completion. 22. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability in. surance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S functions and services required under this Agreement. 23. The services called for in the Section A-1 and A-2 of this Agreement shall be completed and the report submitted within N/A calendar days from the date of authorization to proceed. After acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written authorization from the OWNER, the ENGINEER will complete final plans, specifications and contract documents and submit for approval of the OWNER, FrnHA and all State. regulatory agencies within N/A -calendar days from the date of authorization unless otherwise agreed to by both parties. If the above is not accomplished within *the time period specified, this Agreement may be terminated by the OWNER. The time for completion will be extended by the OWNER for a reasonable time if completion is delayed due to un- foreseeable causes beyond the control and without the fault or negligence of the ENGINEER -2- IWA MAY 191982 SECTION B - COMPENSATION FOR ENGINEERING SERVICES 49 nafflo 1. Tile OWNER shall compensate the ENGINEER for preliminary engineering services in the sum of N/A Dollars ($ ) after the review and approval of the preliminary engineering report by the OWNER and FmHA. 2. Thd OWNER shall compensate the ENGINEER for design and contract administration engineering services in the amount of: (Select (a) or (b)) (a N/A Dollars ($ } or (b) As shown in Attachment l When Attachment I is used to establish compensation for the design and contract administration services, the actual construction costs on which compensation is determined shall exclude legal fees, administrative costs, engineering fees, land rights, acquisition costs, water costs, and interest expense incurred during the construc- tion period. 3. The compensation for design and contract administration services shall be payable as follows: (a) A sum which equals seventy percent (7017c) of the total compensation payable under Section B-1 and 2, after completion and submission of the construction drawings, specifications, cost estimates, and contract documents, and the acceptance of the same by OWNER and FmHA. (b) A sum which, together with the compensation provided in Section B-3-(a)above, equals eighty percent (801) of tite compensation payable immediately after the construction contracts are awarded. (c) A sum equal to fifteen percent (1517S) of the compensation will be paid on a monthly basis for general engineering review of the contractor's work during the construction period on percentage ratios identical to those approved by the ENGINEER as a basis upon which to make partial payments to the contractor(s). However, payment under this paragraph and of such additional sums as are due the ENGINEER by reason of any necessary ad- justments in the payment computations will be in an amount so that the aggregate of all sums paid to the ENGI- NEER will equal ninety-five (95%) of the compensation. A final payment to equal 100 percent shall be made when it is determined that all services required by this Agreement have been completed except for the services set forth in Section A-21 hereof. SECTION C - COMPENSATION FOR RESIDENT INSPECTION AS SET FORTH IN SECTION A-14 AS SHOWN IN ATTACHMENT.1 When the ENGINEER provides resident inspection, the ENGINEER will, prior to the preconstruction conference, submit a resume of the resident inspector's qualifications, anticipated duties and responsibilities for approval by the OWNER and FniffA. The OWNER agrees to pay the ENGINEER for such services in accordance with the schedule set out in Attach. ment 1. The ENGINEER will render to OWNER for such services an itemized bill, once each month, for compensation for such services performed hereunder during such period, tate same to be due and payable by the OWNER to 'the ENGINEER on or before the 10th day of the following period.)$'r�t�tD(sb't1r'ii�1d%3EKc�d{>36b)6�X)f ypan di X) upmNa"my"ka t li" SECTION D - ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHOR- IZATION OF THE OWNER and written approval of FmHA. I. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required. 2. laboratory tests, well tests, borings, specialized geological, soils, hydraulic, or other studies recommended by the FNGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for water rights, water adjudication, and litigation. , -3- - T -•----...�.__ .. -..- _ .i......�. '.mss: :_......�,,..._ ____.,.._._.�._ �_.�.y- - (Section D - continued) ' 5, Redesigns• ordered by the OWNER after final plans have been accepted by the OWNER and FmHA, except redesigns to reduce the project cost to within the funds available. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environment impact assessments or environmental impact statements. 8. Performance of detailed staking necessary for construction of the project in excess of the control staking set forth in Section A-12. 9. The ENGINEER further agrees to provide the operation and maintenance manual for facilities when required for S NSA Payment for the services specified in this Section D shall be as agreed in writing between the OWNER and approved by PmliA prier to commencement of the work. Barring unforeseen circumstances, such payment is estimated not to exceed S NSA , The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. SECTION E - INTEREST ON UNPAID SUMS If OWNER fails to make any payment due ENGINEER within 60 days for services and expenses and funds are avail- able for the project then the ENGINEER shall be entitled to interest at the rate of 12 percent per annum from said 60th clay, not to exceed an annual rate of 12 percent. SECTION F -SPECIAL PROVISIONS . •gid,, MAY 19101982 t •� +, CWUR� ( WWI, 6 r- l MAY 191982 11 SECTION G - APPROVAL BY FmHA 49 This Agreement shall not become effective until approved by FmHA. Such approval shall be evidenced by the signa- ture of a duly authorized representative of FmHA in the space provided at the end of this Agreement. The approval so evi- denced by FmHA shall in no way commit FmHA to render financial assistance to the OWNER and is without liability for any payment hereunder, but in the event such assistance is provided, the approval shall signify that the provisions of this Agreement are consistent with the requirements of FmHA. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, • this Agreement in duplicate on the respective dates indicated below. (SEAL) OWNER: - ATTEST Type Name Freda Wright Title C1 erk (SEAL) ATTEST: �-1 Type Name Randy L. sby Title Project Engineer APPROVED: FARMERS HOME. ADMINISTRATION _ Type Name THOMAS R. HOSKINS Title State Engineer Date August 3, 1982 ov By Type Name Name Dori C. g.curlock Jr Title Chairman May. 19 , 198 , 2 Date �- -�^ Ap rovrd "S to form and le�a1 f icie+ y Ey — Gar c�. EirandenbL C ty Aurnew _- me Jamestl..,�ones', Jr. Title Vice President Date May 5, 1982 _S_ INTERIM AGREEMENT N/A (For use only when OWNER is not legally organized on the date the Agreement for Engineering Services is executed.) In lieu of the execution of the foregoing Agreement for Engineering Services dated the day of ,19 _, by the party designated as OWNER therein, the undersigned, hereinafter referred to as INTERIM PARTIES, have executed this Interim Agreement in consideration of the services de- scribed in Section A-1 through A-3, inclusive, of said Agreement for Engineering Services to be performed by the ENGI- NEER, and the ENGINEER agrees to accept this Interim. Agreement as evidenced by ENGINEER'S execution hereof con- temporaneously with the execution of the Agreement for Engineering Services. The ENGINEER also agrees to perform the services set forth in Section A -I through A-3, inclusive, of said Agreement in consideration of the sum stated in Section B-1 of said Agreement be paid in the manner set forth therein. It is anticipated that the OWNER shall promptly become a legal entity with full authority to accept and execute said Agreement for Engineering Services and that the OWNER, after becoming so qualified, shall promptly take such action necessary to adopt, ratify, execute, and become bound by the Agreement for Engineering Services. The ENGINEER agrees that upon such due execution of the Agreement for Engineering Services by the OWNER, the INTERIM PARTIES automat- ically will be relieved of any responsibility or of liability assumed by their execution of this Interim Agreement, and that the ENGINEER will hold the OWNER solely responsible for performance of the terms and conditions imposed upon the OWNER by the Agreement for Engineering Services, including the payment of all sums specified in Section B-1 of said Agreement. If the OWNER is not legally -organized, or if after being duly organized it fails or refuses to adopt, ratify, and execute the Agreement for Engineering Services within 30 days from the date it becomes legally organized and qualified to do so, or if for any other reason the project fails to proceed beyond the preliminary stage described in Section A-1 through A-3 inclusive, of said Agreement, the INTERIM PARTIES agree to pay ENGINEER for such preliminary engineering services, an amount not to exceed the sum specified therefor in Section B-1 of said Agreement. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate this day of '19— OWNER 19 OWNER ENGINEER a -6- 10- U.S. GOVERNMENT PRINTING OFF I CE l 1980-766-224 MA 191982 ATTACHMENT I' M,_ MEDIAN FEES FOR PROFESSIONAL ENGINEERING SERVICES - SECTION "A" FORM FmHA 1942-19 .AS A PERCENTAGE OF NET CONSTRUCTION COST FLORIDA A. The fees are to be adjusted to suit special conditions as stated in the contract. Basic Fee Res. Insp. Fee Net Construction Cost Table I Table I -A 50,000 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 2,000,000 3,000,000 5,000,000 10,000,000 Basic Fee Res. Insp. Fee Table II Table II -A 12.0 5.0 9.0 4.0 11.5 4.8 8.5 3.8 10.5 4.6 7.7 3.6 9.6 4.4 7.3 3.4 9.2 4.2 7.0 3.2 • 8.8 4.0 6.7 3.0 8.4 3.8 6.5 - 2.8 8.2 3.6- 6.3 ' 2..6 8.0 3.4 _ 6.2 2.4 7.8 3.2 6.1 2.2 7.6 3.0 6.0 2.0 7.0 2.8 5.6 1.8 6.8 2.6 5.4 1.6 6.2 2.3 5.0 1.3 5.5 2.0 4.5 1.0 For construction projects that are less than $50,000 in size, the median' compensation may be increased over that shown in the above tables. The engineer will be compensated for basic engineering services based on a percentage of the total actual construction costs of projects of unusually complex items such as water treatment plants, sewers, and sewage treatment plants, rehabilitation of existing treatment facilities as shown in Table I, and for all other projects as shown in Table II. The fee for project costs falling between the figures shown in above tables shall be interpolated to nearest one-tenth percent. The owner will be in full agreement with the engineering compensa- tion and will understand the reasons wby such compensation is justified. B. The Engineer also agrees to make an inspection of the facilities prior to the end of the one-year warranty and report -any deficiencies noted and suggest ways of getting them corrected tq the Association (Town, etc.) without charge. C. Maximum amount of loan and/or grant funds that can be authorized to compensate an engineer for providing a full-time resident inspector in accordance with Section "C" of Agreement for Engineering Services, Form FmHA 1942-19, will be as shown in Table I -A7 for wastewater systems, -and• Table II -A for water systems. OWNER'S INITIALS ♦� a `.'•+ v ENGINEER'S INITIAL f PEBBLE BAY WASTEWATER SYSTEM - CHANGE ORDERS The Board discussed the following memorandum from Mr. Greene dated May 11, 1982: TO: The Honorable Members of DATE: May 11, 1982 FILE: the Board of County Commissioners SUBJECT: Change Orders to Pebble Bay Wastewater` -System Improvement 'Contract FROM: - REFERENCES: David L. Greene Assistant County Administrator DESCRIPTION AND CONDITIONS Enclosed please find copies of proposed change orders -numbers 1 through 6 for the above subject project. Implementation of the contract work for the Pebble Bay Improvement Project requires the approval of the six (6) attached change orders for the purposes noted. 1. Substitute manhole frame and cover #410 -for #660 as man- ufactured by U.S. Foundry and Manufacturing Corporation, Miami, Florida or equal. This will allow an overall reduction in weight of the cover, cost reduction $120.00. 2. Add an 8 inch resilient seat gate valve in force main from lift -station #1 for testing and maintainence purposes. This will allow isolation of this lift -station from the force main extending from Indian River Shores to the City of Vero Beach Treatment Plant. Increased cost $700.00. 3. Added cost of contract due to delays and implementing start of project. This was discussed at, Board of County Commissioners meeting on March 17. Added cost $1,500.00. 4. Substitute the #410 manhole frame and cover as changed in change order #1 for #33-A manhole frame and cover as manufactured by U.S. Foundry and Manufacturing Corporation, Miami, Florida or equal. Cost reduction $80.00. 5. Change lift -station control panel supports from 2" stainless steel to aluminum posts. Reduction in price of $210.00. 6. Lower lift -station #1 by two feet. This is necessitated by the two foot lowering of up stream gravity sewer mains to avoid a position conflict. All down stream sections must be lowered a corresponding amount. Increase in cost $4,850.00, to include a 30 day time extension due to this item. MAY 1919 -5d 33 - 's MAY 1918' ALTERNATIVES AND ANALYSIS The changes as proposed will increase the overall contract cost of the project by $6,640.00. No other alternatives are offered. RECOIMRIENDATION It is recommended that the proposed six (6) change*.orders be approved due to the fact that $5,000.00 was initially set aside in the con- tingency fund. It is further recommended that $1,640.00 be trans- ferred from the County's general contingency fund account #001-199 513-99.91. The rationale for this is that the sewerage treatment plant will be taken out of service and ultimately release the property for a County park. Mr. Robbins explained the six change orders in detail. Commissioner Lyons referred to change order 2 and asked f if this was something for the convenience of the City of Vero Beach, or was it a requirement? He wondered if the City should pay the $700 since it was a refinement of what had been agreed to originally. Mr. Robbins responded that the City did not specifically request this; the County Utilities Department did, as it was something that would allow a convenience. He added that there was presently no valve there at all; this change would be a refinement. Mr. Robbins commented that they could ask the City of Vero Beach to install and pay for the valve. Lengthy discussion ensued. Motion was made by Commissioner Wodtke, seconded by Commissioner Lyons, that the Board approve the recommendation of the Assistant Administrator, as indicated in his May 11, 1982 memorandum, to authorize the Chairman to sign the six change orders with the understanding that change order 2, if signed by the Chairman, will be paid for by the City of Vero Beach, and that in the Recommendation paragraph of the May 11, 1982 memorandum, the figure be changed to $940; and that- it be transferred from the County's General Contingency Fund Account #001-199-513-99.91 to the Pebble Bay Construction Account. The Chairman called for the question. It was voted on vote of 4 to F with Commissic:jc_ Fletcher voting in opposition..:` Contract No. SECTION M CONTRACT CRANGE ORDER FORM Date April 13, 1982 Change Order No. - 1 Location Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities, Inc. You are hereby requested to comply with the following changes from the contract drawings & specification! Item No. Description of Changes — Quantities, Units, Unit Prices, Change in Completion Schedule, Etc. Decrease in Contract Price Increase in Contract Price 1 2 3 4 1. Contractor shall substitute manhole frame and cover No. 410 for No. 660, as manufactured by U.S. Foundry and Manufacturing Corporation, Miami, Florida, or equal; see Attachment I for frame and cover detail. $120.00 Imill yjV Vq' APR 1b 19 SVERDRUP �R� �1s,1NCi' BEACH. FL0`RfpA, Change in contract price due to this Change Order: $120.00 Total Decrease Total Increase Difference between Col. (3) and (4): Net OM&W (decrease) contract price S 120.00 xxxxxxxxxxx xxxxxxxxxxx S S 120.00 S S 120.00 S The sum of $ 120.00 is. herebyY&WKdXM deducted from, the total contract price, an( the total adjusted contract price to date thereby is a 114,458.35, The time provided for completion in the contract is unchanged, X1k0MAXX0WXX by -0- calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Accepted by: Recommended by: Requested by: esu NOTE: Work performed under this change order prior to risk. Approved to form and lega ffici rlcy Rpt . �, /, t:� •, 46/ /V f Date Date Date Owner's concurrence is at the Contractor" �. ATTACHMENT I ,r NOTE, f ' MY 1 l9pG MANHOLE FRAME a COVER TO BE NO 4/0 (¢Zp MANUFACTURED BY U.S. FOUNDRY ' Q MANUFA C iUR/NG CORPORA TION, MIAMI, FLORIDA. r • 10 0 0' 9 1sq Ib ° 0101 of o ° `1 ° 11 0 ° 0 1 1 0 1 0 ° ° 1 10 I 0 ° t o ° 1 1 o 0 0 110 0 \\ ° 01 1Q � 0 i / \\ 0 o ISEW ERI q 0. �� 1 to 0 01 i R PLAN VIEW OF. COVER 01UM 1 COVtR SECT/ON 25" • 22 15//6 20518" 36 FRAIfiIE SECTION, fA r � _ t April 19, 1982 Mr. Gary C. Scheidt Bain Underground Utilities, Inc. P.O. Box 447 Vero Beach, FL3296O Subject: Pebble Bay Sewerage Area Wastewater System Improvements Indian River County, Florida Engineer's Project No. 6765 Sverdrup & Parcel and Associates, Inc. 3095 Wan street Suite 4 Vero Beach. Florida 32880 305/582-2082 Engineers Architects Planners Dear Gary, Enclosed isonecopy of Field Order No. 2 with four sets of attached drawings indicating the required lowering of manholes No, 1 and 2 and the interconnecting gravity sewer. The lowering of the manholes and gravity sewer is required in order to prevent a conflict with the existing force main installed by others. Also enclosed are two copies of the following shop drawings: 1. Manholes - approved as noted 2. Pump Station South - approved as noted 3. 'Cut Sheets - approved as noted Please note the Cut Sheets have been revised to reflect the changes as described in Field Order No. 2, herein. Should you require clarification or additional information, please call. Very truly yours, SVERDRUP & PARCEL AND ASSOCIATES, Inc. I ✓' A� Randy L. Mosby Encl. cc: Mr.' George Liner+ Mr. Jame,5 Jones Mr. Guy Wills File 6765 a _i ... _ .. a -.-s r„�'� r, t r�a�`� �_. ,r C - ,';'�3r�-. x. ,2-,�-�'�`.� .y..d.:` t -�3�f .��'.�&..,3�^`�`-"-^+-t,� x-�•f+v�-}'' *�..•r> -� SVERDRUP b PARCEL AND ASSOCIATES, INC.: _. FIELD ORDER p.N. 6765 Feld Order No.: 2 Date: April 15, 1982 Name of Project: Pebble Bay Sewerage Area Wastewater System Improvements Owner: Indian River County Issued To: Bain Underground Utilities, Inc. 1008 Dixie Highway, P.O. Box 447 Vero Beach, FL*32960 The following. 6anaes in the details of the WORK are hereby made to the CONTRACT DOCUA164TS: DESCRIPTION OF WORK- Invert elevation at existing manhole has been field verified as 1.13: Invert elevations on manholes No. 1 and 2 have been changed as indicated on attached drawings. Invert elevation in manhole No. 1 has beery changed to 2.01. Both invert elevations of 3.11 and 3.40 in manhole No. 2 have been changed to,elevation 2.81. Invert elevation of 3.21 to the south will not change . LOCATION OF WORK: East side of AlA between Vera Cruz Pumping Station and Pebble Beach Villas This is not a CHANGE ORDER. All changes in the details of the WORK described herein shall be made at no'change to the CONTRACT UNIT PRICE or TIM, or both. Ordered By: . SECTION M CONTRACT CHANGE ORDER FORM Contract No. Date April 13, 1982 Change Order No. 2 Location Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities, Inc. You are hereby requested to comply with the following changes from the contract drawings & specifications ENo. Description of Changes — Quantities, Units, Unit Prices, Change in Completion Schedule, Etc. 2 Decrease in Contract Price 3 Increase in Contract Price 4 1. Contractor shall add an 8" resilient seat gate valve and box at the location shown on the attached sketch. 700.00 3.6 S�S� r , & P. AL1 .+eo �y 1r 4CfE O A MVIATEt' t'wo# Fy a Change in contract price due to this Change Order: 700.00 Total Decrease Total Increase Difference between Col. (3) and (4): Net (increase) M) contract price $ xxxxxxxxxxx xxxxxxxxxxx $ 700.00 $ $ 700.00 $ $ 00.00 The sum of $ 700.00 is hereby added to, XdVMi; XXXMi the total contract price, and', the total adjusted contract price to date thereby is $_ 115,158.35__ The time provided for completion in the contract is unchanged, XrXXditXXdMX)ftXMKd, by -0- calendar days. This document shall become an amendment to the contract and all provisions of tho contract will apply hereto. Accepted by: Recommended by: Requested by: NOTE: Work risL- `i� 1 8Z Contractor A Date incer Date Owner Date this change order Apr r4 ved as to form and legal %' f'ficf fy to Owner's concurrence is at the Contractor'! %r ) PRO, 9Krp A/11 `PO Pgop,6A rr z-1,,vc VVCA. PROPOSED 8",PV,-- "\(a y OTHERS) PA6POSCD ELECrRic- SeKVIC-AT Fhom POW&M ol-e To mcreR lb SElt WC -4E LlIV46 E TRIC 4ar AW elo . . . : 0/00 m PUMP SrhrlolNv PROPOSED WATeR MtFTEA' ANO SiTA-VIC.T. COCKDINATiF W/7 -H 14 x r-/ry OF VERO !BEACH L—PqopoSED 8"',01P P.M. (SID - /rc'm No, EXIS rIN6 F4FI1/f 47 CSEE, morEr, No. 2- SECTION M CONTRACT CHANGE ORDER FORM Contract No. Date April 27, 1982 Change Order No. 3 Location Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities, Inc. You are hereby y requested to comply with the following changes from the contract drawings & specifcatio., Item Description of Changes — Quantities, Units, Unit Prices, No. Change in Completion Schedule, Etc. 1 Contract Increase Authorized by the Board of County Commissioners of Indian River County, Florida Change in contract price due to this Change Order: Total Decrease Total Increase Difference between Col. (3) and (4): Net (increase) (decrease) contract price Decrease in Increase in Contract Price Contract Prit $1,500.00 1,500.00 S xxxxxxxxxxa xxxxxxxxxxx $ 1,500.00 S - $ 1,500.^0 S Is 11500.00 The sum of S 1,500.00 is hereby added to, deduct6d from the total contract the total adjusted contract price to date thereby is S 116.658,35 price. a� The time provided for completion in the contract is unchanged, 4WMx c*A by -0- calendar days. This document shall become an amendment to the contract and all provisions of th contract will apply hereto. ��pp Accepted by: l.. SGG Z -7 i 9.p 7 - Contractor Date Recommended by: Requested by: NOTE: Work risk. r Date Owrrcr atc performed under this change order prior to Owner's concurrence is at the Contractor Approveda .to form and legal fici nc i BY — . _ j `4 wiz--4c��..aY-LL�� .. �, . _ r '�, ri � �'.t ,,,,t5.� � � -7� .X ''' <`x"'j.,r..., �a«w. s,`' +_-:''.-�- .G+i moi, �, -r r..�������yy}�� � .,� "'3"` �'-•'�++�•�k3'� .-�'i�� a*^e •. �..,.. W �. �. r_e, _ >z_ ...+�5. - __ •-"mss. a-.. <;�.�� _�.-�� _v��_��r"�s>s ""'�^:.h� - Contract No. SECTION M CONTRACT CHANGE ORDER FORM Date Apri 1 30, 1982 Change Order No. 4 Location Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities, Inc. You are hereby requested to comply with the following changes from the contract drawings &c specificatio Item No. Description of Changes — Quantities, Units, Unit Prices, Change in Completion Schedule, Etc. Decrease in Contract Price Increase in Contract Fri, l 3 4 1 Contractor shall substitute the No. 410 manhole frame and cover as changed in Change Order No. 1 for No. 33A manhole frame and cover, as manufac- tured by U.S. Foundry & Manufacturing Corporation, Miami, Florida, or equal. (Total deduct = $200., deduct for No. 410 = $120., therefore, net addi- tional deduct = $80.) 80.00 Change in contract price due to this Change Order: ' Total Decrease Total Increase Difference between Col. (3) and (4): Net (increase) (decrease) contract price S 80.00 xxxxxxxxxx; xxxxxxxxxxx S S 80.00 S S 80.00 The sum of $ 80.00 is hereby MICK deducted from, the total contract price, a the total adjusted contract price to date thereby is S 116,578.35 The time provided for completion in the contract is unchanged, Xi LA=Xrd&MW, by -0- calendar days. This document shall become an amendment to the contract and all provisions of t contract will apply hereto. �+ Accepted by: 0e, Contractor Date Recommended by: i r Date Requested by: 02-/ Owner Date NOTE: Work performed under this change order prior to Owner's concurrence is at the Contracts 1J Anowoved a -..,o fon-n and legal , fia//i/ ilc;rr' , / foil, Ciiy of Vero Beach 1053 - 201h PLACE P. 0, BOX 1389 VERO BEA CII, FLORIDA - 32961 Telephone: 567-5151 Mr. John Robbins Sverdrup & Parcel and Associates, Inc. 3885 20th Street, Suite 4 Vero Beach, FL 32960 { April 27, 1982 RE: PEBBLE BAY SEWER PROJECT - MANHOLE COVERS Dear John: '•I have been discussing the two manhole covers under discussion with Bain and with Randy. The cover•the'City has been using is the 33A as manu- factured by U.S. Foundry. This cover has a H2O load rating and is approved by the Florida DOT. This is one I would accept because it weighs 105 pounds less than the 410. It is my understanding that the heavier cover is built with an extra two inches of metal on the lid to prevent children from removing the lids. I feel the 33A is heavy enough with a 145 pound cover. If you have any questions concerning this, feel free to contact this office. Sincerely, Hillman Goff Manager Water/Sewer Department - KG: jaf R ,.'"�Fw'�". "'""'"-r^'`°� �x-cv4'—=` -3 _.:,t'.ra, tiae-- .r `Y=-„aF,A'1'.`e3'' ”""'--+��i� 3�'�i ,�Sy ^>;� •x Ps,.+' k i3'�.c ;,.li+v NMI � �; 9S .j• ) ti �'�� '�-`C+ Y�—Y :. '}i �'y�'r" `fir �� p�y 'F .f"•Y�4�=i� .3 •Iii �1vY' y 3'a 'i}`� '� } r d ;fit x.- � ,�-� � � � „ws aL' , 4r`� �yy�"'"�"�? -�" x�r•� �r.-„„�„ s`f•��p �-��-�`��.-T" � � r'k'}� 'c�' k„Yy 't ✓r x��°i~� � "� � � � F �{",i' ji��" �Y', , r tom.-. �r • w � � � l• r Ciiy of Vero Beach 1053 - 201h PLACE P. 0, BOX 1389 VERO BEA CII, FLORIDA - 32961 Telephone: 567-5151 Mr. John Robbins Sverdrup & Parcel and Associates, Inc. 3885 20th Street, Suite 4 Vero Beach, FL 32960 { April 27, 1982 RE: PEBBLE BAY SEWER PROJECT - MANHOLE COVERS Dear John: '•I have been discussing the two manhole covers under discussion with Bain and with Randy. The cover•the'City has been using is the 33A as manu- factured by U.S. Foundry. This cover has a H2O load rating and is approved by the Florida DOT. This is one I would accept because it weighs 105 pounds less than the 410. It is my understanding that the heavier cover is built with an extra two inches of metal on the lid to prevent children from removing the lids. I feel the 33A is heavy enough with a 145 pound cover. If you have any questions concerning this, feel free to contact this office. Sincerely, Hillman Goff Manager Water/Sewer Department - KG: jaf R ,.'"�Fw'�". "'""'"-r^'`°� �x-cv4'—=` -3 _.:,t'.ra, tiae-- .r `Y=-„aF,A'1'.`e3'' ”""'--+��i� 3�'�i ,�Sy ^>;� •x Ps,.+' k i3'�.c ;,.li+v NMI � �; 9S .j• ) ti �'�� '�-`C+ Y�—Y :. '}i �'y�'r" `fir �� p�y 'F .f"•Y�4�=i� .3 •Iii �1vY' y 3'a 'i}`� '� } r d ;fit x.- � ,�-� � � � „ws aL' , 4r`� �yy�"'"�"�? -�" x�r•� �r.-„„�„ s`f•��p �-��-�`��.-T" � � r'k'}� 'c�' k„Yy 't ✓r x��°i~� � "� � � � F �{",i' ji��" �Y', , r tom.-. �r ^�`'.a-4'� � 5. � ,� .ate - E -2. r � �. �;¢f`� vz �,a r ; :�.� c.�. ..�"' � � s..r.= � "` € "' ts• r-� :3.. � _ - .`. . �� ._.. .7 i �-.-=-,T{ '?'.` f 3� � a' ��w •C��. _ �a4..+�-^f-+ru+,o� �tR+,`� SECTION M 14AY 6 ib,, CONTRACT CHANGE ORDER SFORA Contract No. Date May 3, 1982 Change Order No. 5 Location ' Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities, Inc. You are hereby requested to comply with the following changes from the contract drawings & speficatioi Item No. 1 Description of Changes — Quantities, Units, Unit Prices, Change in Completion Schedule, Etc. 2 Decrease in Contract Price 3 Increase in Contract I'ri( 4 1 Contractor shall substitute the specified 2" Stainless Steel Control Panel Supports for 2" Aluminum Control Panel Supports Change in contract price due to this Change Order: Total Decrease Total Increase Difference between Col. (3) and (4): Net (increase) (decrease) contract price $210.00 S 210.00 xxxxxxxxxx) xxxxxxxxxxx S S 210.00 S S 210.00 $ The sum of S 210.00 is herebyXdddMXK deducted from, the total contract price, 21 the total adjusted contract price to date thereby is S 116,368.35 The time provided for completion in the contract is unchanged, i &%M) 1 by -0- calendar days. This document shall become an amendment to the contract and ali provisions of t' contract will apply hereto. Accepted by: Recommended by: Requested by: < G L-6- Owner NOTE: Work, performed-- .this change order prior to risL- it /I ti - Date _ _czz , F Date Date Owner's concurrence is at the Contracto y SECTION M CONTRACT CHANGE ORDER FORM Contract No. Date May 10, 1982 Change Order No. 6 Location Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities You are hereby requested to comply with the following changes from the contract**drawings & specifications Item No. 1 Description of Changes — Quantities, Units, Unit Prices, Change in Completion Schedule, Etc. 2 Decrease in Contract Price 3 Increase in Contract Price 4 1 Contractor shall lower Lift Station No. 1, 2 feet (See Attached Price Breakdown) Change in contract price due to this Change Order: Total Decrease Total Increase Difference between Col. (3) and (4): Net (increase) tdeai contract price 4,850.00 4,850.00 $ xxxxxxxxxxa xxxxxxxxxxx $4,850.00 $ $4,850.00 $ $4 850.00 The sum of S 4,850.00 is hereby added to,-1HfiiHW,frd , the total contract price, anti the total adjusted contract price to date thereby is S 121,218.35' The time provided for completion in the contract is xkad, 'increased, x%naxsed, by - 30 calendar days. This document shall become an amendment to the contract and all provisions of thk contract will apply hereto. Accepted by: 6 C) Ca Z recta Date Recommended by: ngle461 Date Requested by: ' /,p �-- Owner / ate NOTE: Work risk.. Apt'o4 r. » r, :;_+u:,rma'a::tas•.as:a aRuss:w�.u�u�rgi4cni: 4-1 prior to 'Owner's concurrence is at the Contractor' l .. _..i¢i5.._=-•i".Yn+a�' k,-��=cT.. ::Y�cC}-+n+,�..- Z.��'c'4+Y.+'_. y.•..C� i..J-eac.�_ _ .:. - rte..._. __. ,s ., c ... .'G _..r_t. v- .. .r ^nidi -...d, s'J.._.•.,_�.�..L: n<..:-�-Sf:i�. .n. . i .=.�'.. .:,__.<:...�'ti.�i:'^`.*3?!..eri � 5s .k�..-�•n.>_ .•a..%�'~?,xM�,�-•�.=.r»va�.x��c-_.e!.:--.�.,-._:::+t�+u�.»� m.�. a.s.=�"ir��..,i.�=-____-?� .t. »,�P.sa �Y_-:.�-.,c_t�•�S--a�.w..��:• �-ms's ...,,..:: May 3, 1982 Mr. David L. Greene Assistant County Administrator 1840 - 25th Street Vero Beach, FL 32960 Subject: Pebble Bay Sewerage Area Wastewater System Improvements Indian River County, Florida Engineer's Project No. 6765 Dear David; Svei . - ria Q Parcel and Associates, Inc. Seas 20th Bnset suns 4 Vero B&wh. ibrW& =W 3M,%2 -2M Enpmeers Armteaq Ptenners Please find enclosed five (5) original copies each of Change Order Num- bers 3 and 4 which require execution by Indian River County, Please note Change Order No. 3 is for the $1,500 increase in contract price as negotiated between Bain Underground Utilities and the Board of Coun- ty Commissioners, As this item was negociated directly with the Board and notthrough our office, we feel it does not require our signature. Change Order No. 4 represents a deduct in contract price of $80 to al- lovt for the substitution of No. 33A manhole frames and covers in lieu of No. 410 manhole frames and covers. Please note, Change Order No. 1 represented a contract deduct for manhole frames and covers and the deduct for Change Order No. 4 is in addition to Change Order No. 1. Please also note, the change in manhole frames and covers has been re- quested by the City of Vero Beach as documented by the attached letter to Change Order No. 4 . Also enclosed is a copy of a letter from Bain Underground Utilities, Inc., detailing their Lump Sum break down for lowering Lift Station No. 1, 2 feet. The necessity of lowering Lift Station No. 1 is a result of lowering the gravity sewer and manhole on the adjacent Town of Indian River Shores project in which Lift Station No. 1 is connected. Also in- cluded in Bain's letter is a request for a 30 day time extension for this project due to the delays caused by lowering Lift Station No. 1. As you recall these items were discussed in our meeting of April 27, 1982, in the Law Office of Larry Barkett. The items in Bain's letter which we received on April 30, 1982, (copy attached) should be placed on the agenda for discussion at the next Coun- ty Commission meeting for.Board Approval. Q.wmw & P.rp.t -4 Mao&-" w4 & s 2~V.6, avn,"y 0 Mr. David L. Greene May 3, 1982 Page 2 We will be available to provide assistance in these matters should you require it and should you need further clarification, please do not he- sitate to contact our office. Very truly yours, SVERDRUP & PARCEL AND ASSOCIATES, Inc. i elLV�7 Randy L. Mosby Enclosures CC: Mr. Gary Brapdenburg Mr. George Liner Mr. James Jopes File 6765 RLM: j b -V a z..- ""'�•zE'r'`'�'�.' `x�a'x��' ..,7ST�F� s�'�F ��k,-'7�.rd,. dj -.H� :.-.^.-+- r.45% � 5%s a ��._,."�y".�.y.� �.,���c��;� n ��. � ,� ._ wath�i��(/'�Y.b� VIII/ r rr1 V r.r�0 Yr L V/• P. 0. Box 447 Randy A: osby Vero Beach, Florida 32960 Sverdrup & Parcel 305- 567-5651 , 3885 20th St. pa fa, Vero Beach, Fl., 32960 ' Re:. Pebble Bay Sewage Area Wastewater System Improvements Project #61765 Dear Randy, Here is your requested break down on the price for lowering lift Station #1 21 on the Pebble Bay job. Total price: $4,850.00 1. Labor and equipment: $1,500.00 2. Extra, clearing: 500.00 3. Extra, dewatering: 19750.00 4. Material: 19100.00 Also Time and Material as per my first letter if punch & case method needs to be used to well point. Bain Underground Utilities also requests a 30 day time extension on this contract due to the extra work involved with lowering this Lift Station. Sincerely, Q J Gary C. Scheidt. GCS/gse r- APR U SYEk RU? F ; ::� • • 14"S!)7ATESIND. YFRJ BEACH, FLOME-A SERVING FLORIDA MORE THAN 25 YEARS WORKSHOP - FmHA OBLIGATED WASTWATER FUNDS The Board reviewed the following memorandum from John Robbins dated April 30, 1982: f'uT:i'u[llA ►I�llITVU DATE: April 30, 1982 TO: Mr. Patrick B. Lyons Indian River County Commissioner FROM: John A.` Robbin SUBJECT: Potential use of FmHA Obligated Wastewater Funds Sverdrup & Parcel and Associates, Inc. 3865 20th Street Suite 4 Vero Beach, Florida 32960 305/562-2082 Engineers Architects Planners I am forwarding to you a copy of a letter which was sent to Mr. Jack Jennings from the Florida Department of Environmental Regu- lation concerning the status of the County's 201 plan, As you and I have discussed on occasions.in the past, the Fede- ral Mony under Public Law 92500 Section 201 is beginning to dry up from all indications. Further to this, the State Agency controlling the 201 now would be the Florida Department of En- vironmental Regulation. I think it would be in the County's best interest to sit down and discuss what options are availa- ble via the 201 route for Wastewater Systems, and also discuss the potential of using Farmers Home Administration monies for possible Wastewater Improvements in the future. The idea of going astray from the 201 process would allow the County certain options, and possibly would provide for a scaled down version of what is shown in the document. I think this is important enough to discuss sometime in the very near future, as anything that is accomplished under the 201 plan must be done fairly soon in order to fall under the funding which has been set up by the Federal Government. There are many hoops to go through via the 201 route as with most Federal Grants. In any event, I would request the opportunity to sit and discuss with you or possibly yourself and other commissioners at a workshop, all of the options available with respect to the County's Waste- water System. With this irrmind, please advise and I would appreciate your input. MAY 1 911982 49 r ?9if 151.a TWIN TOWERS OFFICE BUILDING 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32301 BOB GRAHAM GOVERNOR VICTORIA J. TSCHINKEL SECRETARY April 16, 1982 4 Mr. Jack J. Jennings _ County Administrator DR.. County Courthouse Vero Beach, Florida 32960 Gainesville, Florida Re: C120502020 (Step 2) - Indian River County New County 3 MGD STP and Upgrade Vero Beach STP f C120502040 (Step 2) — Indian River County Pump Stations and Force Mains Dear Mr. Jennings: Indian River County has two Step 2 design projects on the Planning Portion of the Fiscal Year 1982 (FY_'82)._Project Priority List for Wastewater Treatment Works. These projects were the subject of the Department's letter dated February 3, 1982. Odr previous letter explained the management of the Project Priority List and discussed the significance of the target certification date. The target date, January 15, 1982, established for submitting all facilities planning documents in support of these projects has lapsed. Since all facilities planning documents have not been submitted within 90 days of the target date, it is apparent that you are not ready to proceed at this time. We are reassigning your projects to the FY '83 through FY '86 section of the Planning Portion of the Project List (with a revised target date of October 15, 1982). Until directed otherwise by EPA, we will continue to list Step 1 and Step 2 target actions on the Project List to assist in our scheduling. If you have any questions; please do not hesitate to call Bhupendra Vora at 904/488-2582. Sincerely, n Richard W. Smith, P.E., Chief Bureau of Wastewater Management and Grants Chairman Scurlock stated that Mr. Robbins was coordinating scheduling this workshop with Assistant Secretary to the Board Alice White. PUBLIC HEARING - SANITATION SERVICE FRANCHISES The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VER© BEACH PRESS -JOURNAL Published Daily 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 daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a NOTICE Services in the matter of Indian River Sanitation in the lished in said newspaper in the issues of May 12, 1982 Court, was pub- PUBLIC NOTICE "'Please be advised that the Board of County Commissioners of Indian River County will conduct a Public Hearing at 10:00 A.M. on , Wednesday May 19, 1982 in the County Com- mission Chambers, County Administration Building, 1840 125th Street, Vero Beach, Florida, to consider the following matters; 1. A RESOLUTION OF THE BOARD OF -COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE ASSIGNMENT OF THE INDIAN RIVER, SANITATION SERVICES FRANCHISE TO' WASTE MANAGEMENT OF FLORIDA, INC. AND 'PROVIDING FOR CERTAIN MODIFICATIONS TO 'THE FRANCHISE AGREEMENT.. " 2. A RESOLUTION OF THE BOARD OF, COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY MODIFYING AND UP-' DA -TING -THE RURAL SANITATION SER- VICE FRANCHISE. If any person decides to appeal.ny decision', made on the above matters, he -she will need a record of the proceedings, and for such pur poses, he -she may need to ensure that a ver- batim record of the proceedings Is made, which- record "includes the •testimony ini evidence on which the appeal is based. May 12,1982. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been mail matter the office in Vero Beach, in said Indian'River Coun- entered as second class at post ty, Florida, for a period of one year next preceding the first publication of the attached copy of a� advertisement; 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 advertisement for publication in the said newspaper.., Sworn to and subscribed before me this 12 day�ofMa A.D. 19 82 u ss Manager) /y 41 (Clerk of the Circuit Court, India River County, Florida) (SEAL) s Attorney Brandenburg reviewed his memorandum with the Board, as follows: MAY 191987 . MAY 191982 TO: Board of County Commissioners of Indian River County DATE: May 11, 19 s 2 FILE: SUBJECT: Sanitation Service Franchises •1. Waste Management of u Florida, Inc. 2. Rural Sanitation Service FROM: Gary M. Brandenburg REFERENCES: County Attorney The Board of County Commissioners has previously considered and approved, subject to renegotiation of the franchise agreement, the transfer of the Adian River Sanitation franchise to Waste Management of Florida, Inc. The County Commission also instructed this office to contact and negotiate an updated franchise agreement with Rural Sanitation Service. Attached to -this memorandum please find drafts of the proposed resolutions together with comments from the respective companys' attorneys and my responses to the comments. The franchises granted by the proposed resolutions contain the same terms for each company. These franchises place both companies onto an equal footing in an effort to promote competition and hopefully enhance service. The proposed franchises provide for; 1. Non-exclusive franchise areas allowing both companies to operate in the entire unincorporated area. Formerly Indian River Sanitation was for the entire unincorporated area whereas Rural Sanitation franchise area was somewhat limited. 2. The franchises are for a period of twenty years and provide that the County can hold a public hearing at any time to receive input on the company's performance under the franchise. Formerly, Rural Sanitation's franchise was granted in 1961 and had a thirty year life to expire in 1991. Indian River Sanitation's franchise was granted in 1975 for a term of thirty years to extend to the year 2005. 3. The County retains the right to adopt additional reasonable rules and regulations to provide for changing needs of the County over the twenty year life of the franchise agreements. 4. The franchise sets residential rates only. The current rates of $7.00 per month/two collections per week are contained in these franchise agreements. 5. The proposals update the insurance requirements under the old franchises. 6. The franchises require the companies to pay to the County 5% of gross revenues as a franchise fee. 7. The agreements require the companies to dispose of all waste collected in the franchise area at the County Sanitary Landfill Site. :Re4specully submitted. randenburg 6oun Ev At .or Robert Jackson, attorney for Rural Sanitation Service, came before the Board and referred to the items in his letter to the County Attorney, as follows: LAW OFFICES OF ROBERT JACKSON PROFESSIONAL ASSOCIATION Mr. Gary Brandenburg County Attorney Indian River County Indian River Co. Administration Bldg. 1840 25th Street , Vero Beach, Florida 32960 . Re: Rural Sanitation Service Dear Mr. Brandenburg: 2165 15TH AVENUE VERO BEACH, FLORIDA 32960 TELEPHONE 567-4355 n AREA CODE 305 jS 11`, Ofyc'�e I have met with Robert Fryer of Rural Sanitation Service -concerning your draft of a new sanitation service franchise. I imagine this draft has been sent to Waste Management in Chicago and -we would be interested in their reply. First, Rural Sanitation Service is the only original fran- chiseholder faithfully carrying out its franchise duties for over 23 years. Indian River Sanitation was granted a franchise a few years ago with the blessing of Rural Sanita- tion to provide competition, as all other services had ceased to exist. Now, Indian River is failing and the County has bailed them out by approving a national service to come into this small county. We have really not had problems in our county, we feel, because Rural Sanitation Service has been faithful and reliable on a daily basis. We feel the draft proposed may be appropriate and needed for Waste Management but not for us. Since you are new to the County, I would like to explain why we even started with the original franchises. The County saw the problems in other counties where permits were given and free enterprise in the garbage business was allowed. The health of the communities suffered because of indiscriminate pick ups, charges and dumping. Indian River County decided to limit any further sanitation companies in the County. Since trucks cost from $50,000 to $75,000, and there are other large capital expenditures, the franchiseholder must know he will not be put out of business at the whim of the County administration or by new operators starting up at will. Our comments on the proposed resolution are as follows: A. Waste Management's franchise should be for one (1) year and be a probationary period to see if they can act within the rules. Already Indian River Shores is having a problem since they moved in without authority of the Town. MAY 191982 53�rc - MAY 19:_1982 B. Rural Sanitation Service should have the exclusive on the beach because no one else has ever consistently serviced the beach area except Rural Sanitation Service. C. As to Section*5. Does this allow unlimited amendment within the twenty year period? 4. D. As to Section .6. Does this also alldw for unlimited amendment within the twenty year period? What is 'reaso- nable"? E. As to Section 7. Printed rules and regulations are fine but will cost money and raise rates. F. As to Section 8. Rates should be set by the County, and not allow a price war by a big company, which after Rural has been bankrupted, the prices increased unreasonably high and no competition. f G. As to Section 9. There does not appear to be any restrictiozx on the number of franchises the County can grant. This section only allows transfer of franchises, but does not prohibit anyone from getting a new franchise. H. As to Section 10. The rate should be increased because of the increase in costs required by the new franchise resolution. This proposed franchise will increase by 5% of gross to County, increased insurance costs, bond costs, bookkeeping, printing rules and regulations, etc. All of this is great for the big counties with big franchises and mandatory service, but they increase the costs to the citizens. When this happens more people cancel the service and take their garbage where they desire. We would want commercial rates set by the County. It is the commercial that everybody wants and now we have both cov- ered. If one franchiseholder takes all the commercial, then the rates of home service will skyrocket or -not be picked up at all. I. As to Section 13. The increase in insurance will raise the costs of business. We object to the bond because of our record and the cost. J. As to Section 14. We object to the cost of $500.00 to ask for a rate increase. K. As to Section 15. Maybe the franchiseholder's rights should be spelled out. L. As to Section 16. Does this section make it mandatory for each franchiseholder to take all customers? M. As to Section 17. May want to include trash in the services that are not mandatory. N. As to Section 19. This section should be revised. It is not practical to require•"all" garbage and trash. Presently pickups are limited to two cans a pickup or two bundles. This cannot be_left open-ended. The last sentence dealing with wooden boxes is ambiguous. All trash is picked up in bundles or cans. O. As to Section 20. We object to the 5% tax of gross revenue. We would have to have a higher fee. Every increase has meant the loss of customers, who then start indiscriminate dumping. Again, additional bookkeeping costs to the company. P. As to Section 22. This needs to be clarified. Rural is picking up in municipalities under franchises. Q. As to -Section 24. We feel this provision means, in fact, we are getting only a 5 -year franchise. I hope the above will assist you -in amending the franchise. I think we should have a meeting with the Commissioners to get the feelings of everyone. -- V7 ----- May 11, 1982 Robert Jackson, Esq. 2165 15th Avenue Vero Beach, Florida 32960 Re: Rural Sanitation Service Dear Mr. Jackson: Thank you very much for your comments''on the proposed updated franchise agreement with Rural Sanitation Service. Your comments and suggestions have been very helpful. The following are my responses which correspond to the lettered paragraphs in your letter of May 3, 1982: A. The proposed franchise agreement with Waste Management will give the County Commission the right to 'fold a public hearing to consider the company's performance at any time. A similar provision has been included in the proposed updated franchise agreement for Rural Sanitation Service. B. The matter of the extent of the franchise area is one that will have to be decided by the County Commission. It should be noted that the proposed updated franchise for Rural Sanitation expands the franchise area to include the entire unincorporated area. C. Section % provides the County with the ability to adopt regulations to cope with the changing conditions of the County over the twenty year life of the franchise agreement. It should be noted that this provision currently exists in Rural Sanitation's franchise. D. See, answer to C above. This provision also exists in the current franchise with Rural Sanitation. E. This section has been modified pursuant to your request and is reflected in the attached update. MAY 191982 G. Section 9 does not deal with the number of franchises the County can grant rather it deals with the method for transfer of a franchise. Each new franchise would require a public hearing at which -time the County Commission would ascertain the need for additional service providers. - H. All requests for rate increases in residential services would be considered by the County Commission under the provisions contained in the franchise for rate increases. Whether or not you regulate commercial rates is a question that will have to be answered by the Commission. I. With the record damage recoveries now being collected by individuals in law suits today, an increase in the insurance coverages is advisable. Your objections to these matters will be forwarde$ to the County Commission. -_ J. Your objection will be forwarded to the Commission. K. I believe that taking the entire document as a whole the fran- chise holder's rights are spelled out. Any suggestions you may have in this regard would be appreciated. L. No. M. I do not understand your comment. If an individual is not mandated to subscribe to your garbage service, he/she is certainly not mandated to subscribe to a "trash" service. N. This provision reads the same as currently exists in Rural's franchise. The last sentence also remains unchanged. 0. Your objection will be passed on to the County Commission. P. This section has been eliminated as the proposed draft gives Rural Sanitation Service the entire unincorporated area as a franchise area. Q. This language has been modified. I hope these comments will be useful to you and your clients. I have scheduled the enclosed rewritten franchise agreement as well as the franchise for Waste Management of Florida for consideration by the County Commission at 10:00 A.M. Wednesday, May 19, 1982. I would propose to discuss your comments and recommendations with the County Commission at that time. Thanking you in advance for your continued cooperation. ;ncere y, ry Brandenbu g unty Attorne Attorney Jackson felt the County should not allow any more new franchises unless Rural Sanitation and Waste Management could no longer serve the public. Attorney Brandenburg explained that the current law is that any time one applies for a franchise, the Board goes through a public hearing to determine if there is a need in the County. Commissioner Bird commented that once the County entered into a franchise agreement with Rural Sanitation and Waste Management, then the burden of proof would be on the franchise applicant, and an additional franchise would not be granted unless they could show a sufficient need. The Board felt this item should be included in the franchise. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the Board authorize the proposed franchise be amended to indicate that additional franchisees will be considered only on proof of need. 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. Attorney Jackson then discussed the various added expenses to the franchise holders such as insurance, performance bonds, booklets, and 5% of tie gross to be paid to the County. He felt if these were to occur, the County should set riew rates as there have been no rate increases for over three years, but there has been a 25% increase in inflation. Attorney Jackson also pointed out that the higher the rates are raised, the less people there will be to serve." Commissioner Wodtke did not -think it was necessary to charge any franchise fee; garbage collection was a service that was needed in the community. MAY 19198 57 Attorney Jackson interjected that Rural Sanitation was 4 paying a large sum to use the Sanitary Landfill. Motion was made by Commissioner Fletcher, seconded by Commissioner Wodtke, that the Board authorize that the 5% franchise fee be stricken, and that there be no franchise fee at all. Commissioner Lyons stated that he would not vote for V that Motion but would vote for a lesser fee. He then offered a substitute Motion that the fee be changed to 3%, which would be consistent with the fee for cable. The Motion died for lack of a second. Commissioner Lyons amended the original Motion that the Board substitute 3% for 5% and that it would also be excluding the provision that there will be no franchise fee. The Motion died for lack of a second. The Chairman called for the question on the original Motion made by Commissioner Fletcher. It was voted on and carried with a vote of 4 to 1, with Commissioner Lyons voting in opposition. Chairman Scurlock reported that he would have been in favor of the Motion that Commissioner Lyons was trying to make, but he could not second it. A lengthy, detailed discussion ensued regarding the performance bond and the increase in the amount of insurance indicated in Section 13. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the Board agree to leave the insurance and performance bond as written in the proposed franchises. After a brief discussion, it was felt that it would not hurt the franchise if the performance bond was deleted. Commissioner Lyons, with the concurrence of Commissioner Bird, agreed to restate his Motion.. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the Board accept the insurance requirement but delete the performance bond from Section 13 of the franchise agreement. Discussion ensued, and it was determined that outside expertise was needed as to the insurance requirements, since the County is the co-insured. Commissioner Lyons withdrew his Motion, and Commissioner Bird withdrew his second. Motion was made by Commissioner Bird, seconded by Commissioner Lyons, that the Board set the insurance limits at 100,000/300,000/1,000,000; eliminate Paragraph C, which is the $50,000 bond; and -that all parties agree that upon recommendations from the independent insurance agents as to the level of insurance they feel is required in this particular franchise area, that their recommendation, if it exceeds the 100,000/300,000/1,000,000, will be the insurance requirement in the franchise agreement, subject to the County Commission approval. Commissioner Lyons amended the'Motion that this be done within the next 30 days, otherwise the limits would go to the limits now outlined in the franchise agreement. Commissioner Bird seconded the amendment. Commissioner Bird thereupon repeated the Motion, seconded by Commissioner Lyons, that the Board consider the insurance coverage required in the franchise agreement be established as outlined in Section 13 (100,000/300,000/1,000,000); that the Board receive a recommendation from the independent insurance agents group on whether or not this coverage is adequate and if not, what additional coverage they would recommend; and that that additional coverage may be substituted in this franchise �aY 721, 1 g 1g8 5 E - MAY 191982 agreement, upon approval of the Board of County Commissioners; and if that recommendation is not received and approved by the Board within 30 days of the signing of this franchise agreement, the insurance coverages will revert to the 250,000/500,000/3,000,000 as shown in the proposed franchise agreement; and that the Board approve the elimination of Paragraph C and the requirement of the $50,000 performance bond. The Chairman called for the question. It was voted on and carried unanimously. V Discussion followed regarding amending Section 20, which concerned a report of the operations and gross revenues. On Motion made by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously approved amending Section 20 to reflect that the franchisee shall submit, on an annual basis, an operating statement relating only to Indian River County operations, and that the statement shall be certified by a financial officer of the licensee. Attorney Jackson stated that it bothered his client why a company would pay a lot of money to buy a failing company. He felt there should be maximum and minimum rates set for residential and commercial garbage collection. Commissioner Bird felt it might be a problem to start establishing fixed rates. Attorney Brandenburg stated that he would not recommend the Board establishing a minimum rate. Lengthy discussion ensued. Attorney Steven Bergerson, representing Waste Management, disagreed as he felt by setting a rate for the commercial there would be -no incentive whatsoever; the competition would be eliminated. He added that the way the franchise had been written, the County would have the right to hold a hearing at any time that it did not like the way { either Rural Sanitation or Waste Management was performing. The Board would have total control. Lengthy discussion next followed regarding Section 10 concerning rates. C. Reed Knight, of Indian River Sanitation, came before the Board and felt it would be very complicated, and not be in the best interest of the County, to have a fixed rate. Motion was made by Commissioner Fletcher to remove the set rate on residential garbage. Commissioner Bird commented that the people in the County would probably feel more comfortable about having the Board review the residential rates. The Motion died for lack of a second. Commissioner Wodtke inquired what the options would be for setting the commercial rates. The Attorney advised that the Board could hold a public hearing at a later date to investigate the practices of the franchise holders in the commercial rate area; the franchise does give the Board that leeway. rate. Discussion followed regarding establishing a commercial Bob Fryer, of Rural Sanitation, reported that a commercial rate could be based on the cost per container. Commissioner Lyons felt they should either have both the residential and commercial rate, or no rate. Chairman Scurlock thought they should require a certified audit from the franchise holders. Lengthy discussion followed about the expenses incurred for conducting public hearings, and whether or not the Board should bei compensated for this. Commissioner Lyons thought that the County was absolutely and totally helpless in evaluating the accounting of the franchises because the County does not have the staff to do this work. MAY 19 198'261 �� 72 r 724 MAY 191982 Commissioner Fletcher stated their only recourse was to give the free enterprise system a chance to work and let the consumer see if he was getting a fair service for his dollar. Motion was made by Commissioner Wodtke, seconded by Commissioner Lyons, that the Board include in the franchise a fee for the commercial rates. Attorney Bergerson interjected that it struck him as unusual that for 22 years Rural Sanitation has been in business and there had been no dire problems; now, all of a sudden, the County has to get into rate regulation. Discussion followed. Commissioner Wodtke amended his Motion that the schedule of commercial rates be submitted for inclusion in the franchise agreement within 30 days. Commissioner Lyons seconded the amended Motion. Attorney Brandenburg commented that both companies would submit proposals to the Board for their analysis. Assistant Administrator Greene stated that he would contact other municipalities to see how they handle this situation. 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. The Board of County Commissioners recessed at 12:20 o'clock P.M. for lunch and reconvened at 1:35 o'clock P.M. with all _.members present. Deputy Clerk Virginia Hargreaves took over from Deputy Clerk Janice Caldwell for the remainder of the meeting. CONTINUATION OF PUBLIC HEARING ON SANITATION SERVICE FRANCHISES (Assignment and Modification) Chairman Scurlock felt the Board had gone through the entire document but noted that the attorneys representing Rural Sanitation and Waste Management might wish to make further comment. Attorney Jackson reported that his client, Rural Sanitation, has been operating on the beach exclusively for many years, providing this service even when it was not Profitable to do so. Inview of past history and in the interests of economy of service, they would like to request an exclusive right to service the property east of the Indian River as they have been doing for years. Attorney Bergerson stated that, in his opinion, neither Waste Management nor the County has the right to carve up the county and grant exclusive pockets here and there, and Waste Management would be very much against that. He noted the Board is already into the question of regulating rates and eliminating competition, and this would be a further step in that direction. Robert -Fryer, President of Rural Sanitation, informed the Board that the beach is the only area in the county that is dense enough to make it profitable for picking up residential; also, there are no dumping stations in this area. He'confirmed that he picks up probably 99% on the beach and has done so for 19 years, even though it was unprofitable for perhaps 13 years until the area built up. Commissioner Bird asked if Mr. Fryer did not feel that operate profitably with a very high percentage rate of the market. Mr. Fryer hoped that would be true, but pointed out this is his only business and he would like to have a guarantee. He emphasized that to run a $70,000 truck up a street and only pick up from one or two houses would not be profitable. Chairman Scurlock stated that he could not support the V concept of granting exclusive franchises and carving up the county, and the Board generally agreed. Attorney Jackson informed the Board that since they apparently are not intending to require a franchise fee, Rural Sanitation will withdraw their objection to the $500 fee to do the investigation on a rate increase. Attorney Bergerson felt that Waste Management also would have no valid basis to object to the $500 fee if there is no franchise fee, but if the Board should get back to the franchise fee concept, they would object to the rate increase investigation fee. The Chairman asked if anyone present wished to be heard. William Koolage of 26th Avenue spoke against having a franchise fee until the County can account to the taxpayer for a reduction in the ad valorem tax because of instituting such a fee. He felt requiring a performance bond would be appropriate and would serve the purpose of protecting the County. Mr. Koolage was in favor of having the franchisee submit accounting statements done by certified public accountants, but also felt the need for a cost analysis to be done along with these statements. He spoke of the fact that Indian River Sanitation apparently has back yard pickup while Rural Sanitation does not, and believed this would cause a difference in the rate schedule. Mr. Koolage favored the Board setting a rate schedule for commercial as well as residential. He brought up the need to save energy and conserve gasoline and felt that, in the future, the Board possibly should consider area franchises. He further suggested there should be a notification period required to provide the County time to find someone else to take this service over in the event the franchisee intends to go out of business. The Chairman asked if anyone else wished to be heard. There were none. On Motion by Commissioner Bird, seconded by Commissioner Wodtke, the Board unanimously closed the public hearing. Commissioner Bird announced that he had two areas he wished the Commission to reconsider. He noted that right now we are grasping in the dark as to the extent of the costs the County might incur in monitoring franchises. It appears that in the agreement we have the ability to adjust that fee up or down in the future based on actual experience, and Commissioner Bird, therefore, suggested establishing a franchise fee of 1%,`which would generate about $5,000 a year. He did not feel this small an amount would trigger a rate increase, but it would serve the purpose of generating some money back to the COunty to cover expenses, and he felt it would be a starting point everyone could live with. This fee would be set with the idea that in one year it would be reviewed and possibly readjusted. Chairman Scurlock commented that he felt very strongly about thi's', and the Finance Advisory Committee is requesting that next year in our annual audit we have an analysis done in regard to allocating costs properly back to where they are incurred; however, he believed he could compromise to MAY I 9g82 65 w BAS ,49 MAY 1 91SL the extent suggested by Commissioner Bird based on having these costs analyzed in a more precise way in a year's time. Motion was made by Commissioner Bird, seconded by Commissioner Lyons, that a franchise fee be established at 4 1% of gross sales. Commissioner Lyons believed we owe it to the consumers to police a franchise. He felt 1% is too small a fee, but stated he was willing to go along on an experimental basis. Commissioner Wodtke took the position that he would rather first have the experience to determine what this will R cost us and then have the right to put the fee on. He also did not see where we need $5,000 if we have a $500 fee established to hear a rate case. Considerable discussion ensued with Commissioner Fletcher arguing against penalizing free enterprise by guessing at costs, and the Chairman emphasizing the importance of allocating costs properly. Commissioner Bird noted that we will incur expenses in administering these franchises in the next year, and he would rather make an estimate of these costs in advance than go back and try to recoup. After further discussion, Commissioners Bird and Lyons reworded the Motion as follows: to agree to establish a franchise fee of 1% of gross sales and, upon establishment of such fee, to eliminate the $500 rate hearing fee. William Koolage commented that as a taxpayer, he is paying for the cost of the collector transfer stations and since he is paying for his own garbage collection, he feels that he is paying twice. Commissioner Scurlock felt that point will be addressed in budget sessions. t The Chairman called for the question. It was voted on and carried 3 to 2 with Commissioners Wodtke and Fletcher voting in opposition. Commissioner Bird then brought up the area of commercial rates, stating that since he has been informed by the Attorney that we have the right in the agreement to re-evaluate these at any time, he would prefer to commence without the commercial rates and establish them in about one year's time when we have some experience. Motion was made by Commissioner Bird, seconded by Commissioner Wodtke for purposes of discussion, to change our position on commercial rates and not establish them at this time. Commissioner Wodtke stated that he could agree to this Motion provided that on issuance of the franchise we have notice from both franchisees what their commercial rates will be and that we have the ability to change these after a six month period. Commissioner Fletcher brought up a point of order and asked if there should be a Motion to reconsider. He did not believe this had been done on the previous action. Attorney Brandenburg agreed there should be a Motion to reconsider and that the Board did not follow correct parliamentary procedure on the last item, carrying out the action in one step instead of two. `He explained that motion to reconsider must be made by a person who voted on the prevailing side of the previous action, and a majority vote is sufficient for reconsideration. On Motion by Commissioner Bird, seconded by Commis- sioner Wodtke, the Board by a 4 to 1 vote, Commissioner Lyons voting in opposition, agreed to reconsider the commercial rate portion of the franchise. Motion was made by Commissioner Wodtke that the County will be notified of the commercial rates of the franchisees upon issuance of the franchise and of any changes thereafter and, after a six months' period, the County will establish a commercial rate after a proper study being made by staff. MAY 19 1982� 1'� 67 j establish this rate if it turns out that it is not necessary. Commissioner Wodtke agreed to substitute "may 4 - establish" for "will establish" and Commissioner Bird seconded the Motion. i Chairman Scurlock felt strongly that we should establish a rate structure for both residential and commercial when we have sufficient information available. Commissioner Lyons felt if we are going to have residential rates, we should have commercial rates, and in order to provide stability, they should be established within 60 days rather than six months. Chairman Scurlock asked if staff would have time to do such analysis in a shorter period, and Assistant Administrator Greene pointed out that staff is going to be very tied up with budget sessions during the summer, and he would opt for the six month period. Commissioner Lyons noted that he would settle for 90 days, and Chairman Scurlock stated that he would prefer we move in a timely fashion. The Chairman called for the question. It was voted on and carried unanimously. Motion was made by Commissioner Bird, seconded by Commissioner Lyons, to adopt Resolution 82-50 authorizing assignment of the Indian River Sanitation Service Franchise to Harris Sanitation, Inc., a wholly owned subsidiary of Waste Management, Inc., of Florida, with modification of the franchise agreement as provided at this meeting. Commissioner Wodtke wished to be assured we have the necessary financial information on hand and that it indicates their capital investment in their system in the county to use in later rate hearings. Ssl Attorney Brandenburg stated that he had received financial information, although not being an accountant he could not state what the information indicated; he reported that we do have a copy of their purchase agreement. The Chairman called for the question. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. s MAY 191982 RESOLUTION NO. 82-50 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE ASSIGNMENT OF THE INDIAN RIVER SANITATION SERVICES FRANCHISE TO HARRIS SANITATION, INC., A WHOLLY OWNED SUBSIDIARY OF WASTE MANAGEMENT OF FLORIDA, AND PROVIDING FOR CERTAIN MODIFICATIONS TO THE FRANCHISE AGREEMENT. WHEREAS, the Board of County Commissioners of Indian River County, Florida pursuant to Chapter 59-1380 Special Acts, Laws of Florida granted a sanitation service franchise to Indian River Sanitation, and WHEREAS, Indian River Sanitation now desires to assign its rights and obligations under the franchise to Harris Sanitation, Inc., a wholly owned subsidiary of Waste Management of f Florida, and WHEREAS, prior to the assignment of a sanitation fran- chise, it is necessary for the County to review the qualifications and ability of the assignee to perform the obligations set forth in the franchise, and WHEREAS, the County Commission has held public hearings and allowed all interested individuals to comment on the proposed assignee's ability and qualifications to meet the requirements of the franchise, and WHEREAS, the Board of County Commissioners now finds and determines that it is in the public's best interest to modify cer- tain portions of the franchise agreement to provide additional safeguards insuring that franchisee will perform the duties set forth in the franchise in a manner that promotes the best interests of the citizens of Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the assignment of the franchise granted Indian River Sanitation by Resolution No. 75-63 to Harris Sanitation, Inc., a wholly owned subsidiary of Waste Management of Florida, is approved with the franchise modified as follows; SECTION 1 This Resolution shall be known and may be cited as "Harris Sanitation, Inc., a wholly owned subsidiary of Waste Management of Florida, Sanitation Service Franchise." SECTION 2 For the purpose of this Resolution, the following terms, phrases, and words shall have the meaning set forth below. When not inconsistent with the content, words using the present tense include the future; words in the plural number include the singu- lar and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) "Company" is the Grantee of rights under this fran- chise. (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (e) "Territory" means the area of'Indian,River County, Florida, outside the corporate limits of any municipality in which the franchisee will conduct business. (f) "Garbage or Trash Service" shall mean the picking up of garbage or trash, hauling the same to a sanitary landfill or other method of treating garbage or trash consistent with the laws of Florida and Rules and Regulations of the Department of Environmental Sanitation and approved by the Board. (g) "Garbage" shall mean discarded, offensive matter, offal, refuse, animal or vegetable matter ordinarily from kitchen, market or store. (h) "Trash" shall mean any material except garbage that has been rejected for use and cast away for disposal. (i) "Gross Revenues" shall mean all revenue received directly or indirectly by franchisee, its affiliates or subsidi- aries per fiscal year from or in connection with the collection V and disposal of garbage or trash in the franchise area. SECTION 3 The County hereby grants to the Company, a non-exclusive franchise, to operate garbage service and trash service within the SAY :$ 19,191. herein provided. The County agrees that no additional garbage service franchises shall be issued unless the applicant submits an application under the provision of the Utility Act of Indian River County and affirmatively establishes to the County Commission's satisfaction a need for the additional service. SECTION 4 The territory in which franchisee may operate is: All of unincorporated Indian River County. SECTION 5 The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and subject to such regulations as the County may hereafter provide by resolution. OWIMTnM C The Company shall maintain and operate its garbage service in accordance with the rules and regulations as are or may be set forth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the -exercise of the policy power and lawful authority vested in said County, provided that such regulations shall be reasonable, not in conflict with the laws of the State of Florida and not in conflict with the rights granted herein. SECTION 7 The Company shall adopt rules and regulations for the conduct of its business to insure compliance with the terms of this franchise, state law, Department of Environmental Regulation Rules and rules adopted by the Board. The rules will promote the ability of the Company to provide continuous, uninterrupted, high quality service to its customers. Customer complaints must be handled no later than the next business day. The Company shall keep a complete log of all consumer complaints indicating when the complaint was received, when and how the matter was resolved. A monthly consumer complaint report shall be given to the County -3- prior to the 10th day of each month which shall contain a complete copy of the Company's complaint log. The Company shall not grant any preferential rates, charges, or advantage to any person, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to which any consumer within such classification would be entitled. SECTION 9 The Company shall not sell or transfer the rights granted by this franchise without the express written consent of the County as set forth in the Utility Act of Indian River County. The transferee must be able to demonstrate its ability to perform all the requirements of this franchise, all state and local regu- lations, and regulations of the Board. Upon the receipt of a request to transfer the franchise, the County will schedule a pub- lic hearing at which all interested parties will be heard with regard to the transferee's ability to provide the County with ser- vice. The County may require additional assurances from any pro- posed transferee,'including but not limited to additional require- ment to be set forth in transferee's franchise, to assure the County that transferee will faithfully perform the obligations set forth by County. The approval to transfer will not be unreason- ably withheld by County. SECTION 10 The rates charged by the Company for its service here- under shall be fair and reasonable and designed to meet all the necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under effi- cient and economical management. The Company agrees that it shall be subject toyall authority now or hereafter possessed by the County or any other regulatory body having a competent jurisdic- tion to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect the following schedule of -rates, which shall remain effective until changed or modified as herein provided, to -wit: 4. MAY 19 1982 -4- 73 week. Commercial: The Company shall supply the County with a schedule of current commercial rates and shall notify the County immediately of any change'. The County may establish a mandatory schedule of rates for commercial service after a public hearing. SECTION 11 If any person serviced by the Company under this fran- chise complains to the Utility Department concerning the rates, charges or operations of such utility and the Company, after request, fails to satisfy or remedy such complaint or objection or fails to satisfy the Department, the Department may, after due notice to such utility, schedule a hearing before the Board con- cerning such complaint or objection, at which time the Board may review the rates and charges set and charged by the Company for the services which it furnishes or the nature and character of the service it furnishes or the quality of services furnished. All interested parties shall have the right to appear and be heard on all matters relating to the complaint or objection under consider- ation. If the County determines that such complaint or objection is valid, it may enter an order requiring the Company to.rectify the complaint or objection or the County may adopt an additional rule or regulation preventing objectionable conduct, or both. The Company will immediately comply with all reasonable orders or rules or regulations. In the event the,Company is aggrieved by the entry of such an order or the adoption of a rule or regulation under this Section, it may seek review by Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. SECTION 12 The County shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statisti- cal, consumer and service records relating to the operation of the Company in the franchise area and to all other records required to be kept by the Company. SECTION 13 A. It is expressly understood and agreed by and between -5- the Company and the County that the Company shall indemnify and save the County, its agents and members of the Board harmless, including the duty to defend, from any and all claims, damages, losses, expenses, causes of action, demands and liabilities of whatever nature, or kind whatsoever that may arise out of or be asserted because of the Company's presence or operations'in Indian River County. The County shall notify the Company of any claims asserted against County that arises out of its operations in Indian River County. B. The Company shall at all times maintain public liability and property damage insurance in the following amounts. These amounts may be modified from time to time by the Board as to assure the adequate protection of the County and the general pub- lic from any liability which may result from any action of the Company. The County will be named as a co-insured on all policies of insurance required by this Section. (a) Upon issuance of this franchise, the Company shall maintain; (1) $100,000 for bodily injury or death to any one person with an aggregate limit for any one occurrence of $300,000 for bodily injury or death. $1,000,000. (2) Umbrella liability coverage of (b) Unless notified to the contrary by the County within thirty (30) days of issuance of this franchise, the insurance required of the Company shall automatically increase to the following; (1) $250,000 for bodily injury or death to any one person with an aggregate limit for any one occurrence of $500,000 for bodily injury or death. (2) $250,000 for property damage resulting from any one accident. (3) $500,000 for all other types of liability. (4) Umbrella liability $3,000,000 with not more than $25,000 deductible -on base insurance. MAY 191982 -6- z QDK (5) Workers' Compensation Insurance as required by Florida Statutes. (6) Automobile liability insurance covering all owned, non -owned and hired vehicles used in connection with the franchise's work in the amounts indicated in (b) (1) and (b) (2) above. a. SECTION 14 Should the Company desire to seek an adjustment of any charges established and approved by the Board, then the Company shall notify the Utility Department in writing, setting forth the schedule or rates and charges which it proposes and a written justification foe the request. A public hearing shall be held on the request. The request for a public hearing shall be submitted to the Utility Department with supporting data for review and presentation to the Commission. Notice shall be given by publica-. tion in a newspaper of general circulation in the County at least one time not more than one month or less than one week preceding the hearing. The proof of publication of the hearing shall be filed with the Board. The hearing may thereafter be continued from time to time as determined by the Board. The Board shall make a determination whether the -adjustment in charges is necessary and justified under the circumstances set forth in the Company's justification for rate adjustment. The determination shall be made and entered into the record of the meeting by an affirmative vote of a majority of the members of the Board consti- tuting a quorum at the hearing. In the event any party is aggrieved by the entry of the order, they may seek review of the order by a petition for Writ of Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. SECTION 15 If the Company fails or refuses to promptly and faith - fully keep, perform and abide by each and all of the terms and conditions of this franchise, all the rules, regulations and orders adopted and entered by the Board or the requirements of State or Federal law, then the Utility Department shall give the Company written notice of such deficiencies or defaults and a -7- reasonable time within which the Company shall either comply or seek review of the notice to comply by the County Commission. If the Company fails to remedy such deficiency or default within the time required by the notice from the Department and fails to seek review by the Board, then the Board may thereafter schedule a hearing and notify the Company of the time, place and date of the hearing at which all interested parties shall be heard. The Board shali consider all matters presented at the public hearing and shall make a determination of the matter by affirmative vote of the majority of the quorum present at the hearing. The Board will determine what.remedial actions are necessary to protect the interest of the public, which may include termination, modifica- tion or placing further limitations on the franchise. The deter- mination at the hearing shall be final. The Company may seek review of the decision by filing a petition for a Writ of Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. SECTION 16 The Company shall have the'right to discontinue service to any consumer within the above described area in the event of non-payment of his garbage service bill. The Company agrees that it will maintain the garbage service as provided herein with motor vehicles of sufficient size, safety and adaptability for garbage service as may be required from time to time by the Board. Equipment used in collecting, hauling and dumping gar- bage must be a fully enclosed vehicle of wood or metal with water- tight bottom sufficient to prevent leakage and with wood or metal doors to be opened and closed in order that the contents thereof may not be lost, spilled or blown from the equipment. SECTION 17 Nothing in this franchise shall be deemed as making it mandatory for any person to use the garbage service as herein pro- vided. SECTION 18 The Company, its successors and assigns, shall have the rights and privileges and power to use the streets, roads and MAY, 10 1982 8- a . 7eft collect garbage and trash. All collections shall be made with the least practical delay and inconvenience to the public or individual customers. No obstructions may be placed by the Company or its successors in the streets, sidewalks, alleyways,.,and passageways of the County without the consent of the Board. SECTION 19 The Company shall collect all garbage and trash from customers of the garbage service when the customer places the gar- bage and trash in standard receptacles or standard garbage bags and these receptacles are placed near the curb or swale area or other area agreed between the parties. The Board of County Commissioners shall have the authority to adopt reasonable rules and regulations regarding the placement, or types of receptacles required by the Company. It is agreed and understood that fallen trees are not considered trash, but customers of this garbage ser- vice and the holder of the franchise may contract with each other for the removal of fallen trees, should they desire; and the pay for this service will be separate and apart from the rates charged for the collection of garbage and trash. Wooden boxes, pasteboard cartons, etc., that merchants or residents have and collect from day to day in the routine of business and housekeeping shall be considered trash. SECTION 20 The franchise shall pay to the County one percent (1%) of gross revenue, as defined in this resolution, per fiscal year as a franchise fee for its operation in Indian River County. Payment shall be made within ninety (90) days of the close of franchisee's fiscal period. The franchisee shall submit together with the payment of the franchise fee a report of its operations showing in detail gross revenues. The report shall be certified by a financial officer of the franchisee or an independent public accountant. The report shall be submitted in conformity with generally accepted accounting and auditing standards that shall be sufficient in scope to allow a certified public accountant to -9_ r issue an opinion regarding franchisee's compliance with the requirements of this resolution. SECTION 21 The holder of this franchise must comply with all existing ordinances, statutes and codes and operate in a clean, sanitary manner to avoid creating a nuisance or becoming a discredit to the County. The Company must make collections as often as is necessary to provide complete and adequate service to its customers in the territory. SECTION 22 The Company shall dispose of all garbage or trash collected from the franchise area at the Indian River County Landfill or other means of disposal approved by the Board. The Company shall not dispose of any garbage or trash at any of the County's transfer stations. The Company will be subject to all fees for the use of the County's Sanitary Landfill as is any other individual. The County may adopt reasonable rules and regulations for the use and scheduling of the Sanitary Landfill. The Company shall not dispose of any trash or garbage collected outside the County at the Indian River County Sanitary Landfill. SECTION 23 This franchise and the rights granted and obligations imposed shall take effect and be in force from the date of adop- tion of this resolution for a term of twenty (20) years provided, however, that the Indian River County Commission shall have the right to hold a public hearing at any time upon notice to the Company, to receive public input on the Company's performance under the terms of this franchise. If it appears to the County that Company is failing to serve the public's and County's best interests, the County shall have the right to make such modifications to this franchise as are necessary to serve the interests of the residents of Indian River County. SECTION 24 If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and inde- BOOK 49 7 MAY, 198 :{ IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 19th day of May , 1982. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don - C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Naye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of May , 1982, (>0' ,rttttrrtrl j! �rrrr r / r Attest: FREDA WRIGHT, 031erk APPROVED/A-0 TO ORM a AND LEGAL SUFW"'.I V By1., BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLO IDA By -2L, G - DON C. SCURLOCK, JR. Chairman , County Attorney GEMENT OF FRANCHISE The foregoing Resolution is acceptable to Harris Sanitation, Inc., a wholly owned subsidiary of Waste Management of Florida, and Harris Sanitation, Inc. agrees to abide by all terms and conditions contained therein, when and if adopted by the Board of County Commissioners of Indian River County. HARRIS S ITATION NC. By -11- On Motion by Commissioner Bird, seconded by Commis- sioner Lyons, the Board by a 4 to 1 vote, Commissioner Fletcher voting in opposition, adopted Resolution 82-51, modifying and updating the Rural Sanitation Service Franchise as amended at this meeting. s ti r MAY 19- 1982', RESOLUTION NO. 82-51 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY MODIFYING AND UPDATING THE RURAL SANITATION SERVICE FRANCHISE. WHEREAS, the Board of County Commissioners of Indian River County, Florida pursuant to Chapter 59-1380 Special Acts, Laws of Florida, has the authority to grant a sanitation service franchise for the operations of such businesses in the unincor- porated areas of Indian River County, and WHEREAS, the Board of County Commissioners of Indian River County granted a franchise to Rural Sanitation Service, a sole proprietorship pursuant to Resolution No. 61-19, and WHEREAS, -Resolution No. 61-19 granting the franchise provided that "the right is hereby reserved to the County to adopt in addition to the provisions herein contained and existing appli- cable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County provided that such regulation shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida", and WHEREAS, the County now finds and determines that it is in the County's best interest to update and modify certain requirements of the service franchise, and WHEREAS, the parties agree that in lieu of the County imposing additional regulations as set forth in the preceding paragraph that the franchise itself be modified and updated. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the franchise given by Indian River County pursuant to Resolution No. 61-19 is hereby modified to read as follows; SECTION 1 This Resolution shall be known and may be cited as "Rural Sanitation Service Franchise." CWMTnW 7 For the purpose of this Resolution, the following terms, phrases, and words shall have the meaning set forth below. When -1- not inconsistent with the content, words using the present tense include the future; words in the plural number include the singu- lar and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida. chise. County. (b) "Company" is the Grantee of rights under this fran- (c) "Board" is the Board of County Commissioners of the (d) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (e) "Territory" means the area of Indian River County, Florida, outside the corporate limits of any municipality in which the franchisee will conduct business. (f) "Garbage or Trash Service" shall mean the picking up of garbage or trash, hauling the same to a sanitary landfill or other method of treating garbage or trash consistent with the laws 3 of Florida and Rules and Regulations of the Department of Environmental Sanitation and approved,by the Board. (g) "Garbage" shall mean discarded, offensive matter, offal, refuse, animal or vegetable matter ordinarily from kitchen, market or store. (h) "Trash" shall mean any material except garbage that has been rejected for use and cast away for disposal. (i) "Gross Revenues" shall mean all revenue received directly or indirectly by franchisee, its affiliates or subsidi- aries per fiscal year from or in connection with the collection and disposal of garbage or trash in the franchise area. SECTION 3 The County hereby grants to the Company, a non-exclusive franchise, to operate garbage service and trash service within the prescribed territory, under the terms of this Resolution, as herein provided. The County agrees that no additional garbage service franchises shall be issued unless the applicant submits an application under the provision of the Utility Act of Indian River County and affirmatively establishes to the County Commission's MAY 191982 -2- � 49 74.x. • MAY 1919 2 satisfaction a need for the additional service. BOA. t. -49 SECTION 4 The territory in which franchisee may operate is: All of unincorporated Indian River � County. 4 The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and subject to such regula- tions as the County may hereafter provide by resolution. ,-IM^Mlr^" C The Company shall maintain and operate its garbage ser- vice in accordance with the rules and regulations as are or may be set forth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the policy power and lawful authority vested in said County, provided that such regulations shall be reasonable, not in conflict with the laws of the State of Florida and not in conflict with the rights granted herein. SECTION 7 The Company shall adopt rules and regulations for the conduct of its business to insure compliance with the terms of this franchise, state law, Department of Environmental Regulation Rules and rules adopted by the Board. The rules will promote the ability of the Company to provide continuous, uninterrupted, high quality service to its customers. Customer complaints must be handled no later than the next business day. The Company shall keep a complete log of all consumer complaints indicating when the complaint was received, when and how the matter was resolved. A monthly consumer complaint report shall be given to the County prior to the 10th day of each month which shall contain a complete copy of the Company's complaint log. SECTION 8 The.Company shall not grant any preferential rates, -3- M charges, or advantage to any person, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to which any consumer within such classification would be entitled. SECTION 9 The Company shall not sell or transfer the rights gran- ted by this franchise without the express written consent of the County as set forth in the Utility Act of Indian River County. The transferee must be able to demonstrate its ability to perform all the requirements of this franchise, all state and local regu- lations, and regulations of the Board. Upori the receipt of a request to transfer the franchise, the County will schedule a public hearing at which all interested parties will be heard with regard to the transferee's ability to provide the County with ser- vice. The County may require additional assurances from any pro- posed transferee, including but not limited to additional require- ment to be set forth in transferee's franchise, to assure the County that transferee will faithfully perform the obligations set forth by County. The approval to transfer will not be unreason- ably withheld by County. SECTION 10 The rates charged by the Company for its service here- under shall be fair and reasonable and designed to meet all the necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under effi- cient and economical management. The Company agrees that it shall be subject to all.authority now or hereafter possessed by the County or any other regulatory body having a competent jurisdic- tion to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect the following schedule of rates, which shall remain effective until changed or modified as herein provided, to -wit: week. Residential: $7.00 per month; two collections per Commercial: The Company shall supply the County with a schedule of, current commercial rates and shall notify the County e MAY 19 1882 -4-oo _WE7 µ A MAY -1-9 19,82 immediately of any change. 49 f The County may establish a mandatory schedule of rates for commercial service after a public hearing. SECTION 11 If any person serviced by the Company under this fran- chise complains to the Utility Department concerning the rates, charges or operations of such utility and the Company, after re- quest, fails to satisfy or remedy such complaint or objection or fails to satisfy the Department, the Department may, after due notice to such utility, schedule a hearing before the Board con- cerning such complaint or objection, at which time the Board may review the rates and charges set and charged by the Company for the services whicl-Pit furnishes or the nature and character of the service it furnishes or the quality of services furnished. All interested parties shall have the right to appear and be heard on all matters relating to the complaint or objection under consider- ation. If the County determines that such complaint or objection is valid, it may enter an order requiring the Company to rectify the complaint or objection or the County may adopt an additional rule or regulation preventing objectionable conduct, or both. The Company will immediately comply with all reasonable orders or rules or regulations. In the event the Company is aggrieved by the entry of such an order or the adoption of a rule or regulation under this Section, it may seek review by Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. SECTION 12 The County shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statisti- cal, consumer and service records relating to the operation of the Company in the franchise area and to all other records required to be kept by the Company. SECTION 13 A. It is expressly understood and agreed by and between the Company and the County that the Company shall indemnify and save the County, its agents and members of the Board harmless, in- cluding the duty to.defend, from any and all claims, damages, losses, expenses, causes of action, demands and liabilities of ir whatever nature, or kind whatsoever that may arise out of or be asserted because of the Company's presence or operations in Indian River County. The County shall notify the Company of any claims asserted against County that arises out of its operations in Indian River�County. B. The Company shall at all times maintain public liability and property damage insurance in the following amounts. These -amounts may be modified from time to time by the Board as to assure the adequate protection of the County and the general pub- lic from any liability which may result from any action of the Company. The County will be named as a co-insured on all policies of insurance required by this Section. (a) Upon issuance of this franchise, the Company shall maintain; (1) $100,000 for bodily injury or death to any one person with an aggregate limit for any one occurrence of $300,000 for bodily injury or death. $1,000,000. (2) Umbrella liability coverage of (b) Unless notified to the contrary by the County within thirty (30) days of issuance of this franchise, the insurance required of the Company shall automatically increase to the following; (1) $250,000 for bodily injury or death to any one person with an aggregate limit for any one occurrence of $500,000 for bodily injury or death. (2) $250,000 for property damage resulting from any one accident. (3) $500,000 for all other types of liability. (4) Umbrella liability $3,000,000 with not more than $25,000 deductible on base insurance. (5) Workers' Compensation Insurance as required by Florida Statutes. (6) Automobile liability insurance covering all owned, non -owned and hired -vehicles used in connection with MAY 19 1982 6_� 4 Fay T4 l - F1717 49 Pa; 750 MAY 19198 the franchise's work in the amounts indicated in (b) (1) and (b) (2) above. SECTION 14 Should the Company desire to seek an adjustment of any charges established and approved by the Board, then the Company shall notify the Utility Department in writing, setting forth the schedule or rates and charges which it proposes and a written justification for the request. A public hearing shall be held on the request. The request for a public hearing shall be submitted to the Utility Department with supporting data for review and presentation to the Commission. Notice shall be given by publica- tion in a newspaper of general circulation in the County at least one time not more than one month or less than one week preceding the hearing. The proof of publication of the hearing shall be filed with the Board. The hearing may thereafter be continued from time to time as determined by the Board. The Board shall make a determination whether the adjustment in charges is necessary and justified under the circumstances set forth in the Company's justification for rate adjustment. The determination shall be made and entered into the record of the meeting by an affirmative vote of a majority of the members of the Board -consti- tuting a quorum at the hearing. In the event any party is aggrieved by the entry of the order, they may seek review of the order by a petition for Writ of Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. SECTION 15 If the Company fails or refuses to promptly and faith- fully keep, perform and abide by each and all of the terms and conditions of this franchise, all the rules, regulations and orders adopted and entered by the Board or the requirements of State or Federal law, then the Utility Department shall give the It Company written notice of such deficiencies or defaults and a reasonable time within which the Company shall either comply or seek review of the notice to comply by the County Commission. If the Company fails to remedy such deficiency or default within the time required -by the notice from the Department and fails to seek review by the Board, then the Board may thereafter schedule a hearing and notify the Company of the time, place and date of -the hearing at which all interested parties shall be heard. The Board shall consider all matters presented at the public hearing and shall make a'determination of the matter by affirmative vote of the majority of the quorum present at the hearing. The Board will determine what remedial actions are necessary to protect the interest of the.public, which may include termination, modifica- tion or placing further limitations on the franchise. The deter- mination at the hearing shall be final. The Company may seek review of the decision by filing a petition for a Writ of Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. SECTION 16 The Company shall have the right to discontinue service to any consumer within the above described area in the event of non-payment of his garbage service bill. The Company agrees that it will maintain the garbage service,.as provided herein with motor vehicles of sufficient size, safety and adaptability for garbage service as may be required from time to time by the Board. Equipment used in collecting, hauling and dumping gar- bage must be a fully enclosed vehicle of wood or metal with water- tight bottom sufficient to prevent leakage and with wood or metal doors to be opened and closed in order that the contents thereof may not be lost, spilled or blown from the equipment. SECTION 17 Nothing in this franchise shall be deemed as making it mandatory for any person to use the garbage service as herein pro- vided. SECTION 18 The Company, its successors and assigns, shall have the rights and privileges and power to use the streets, roads and alleyways, and passageways of the County of Indian River to collect garbage and trash. All collections shall be made with the least practical delay and inconvenience to the public or indi- vidual customers. MAY 19 1982 MAY 19 BASK .49a2 No obstructions may be placed by the Company or its successors in the streets, sidewalks, alleyways, and passageways of the County without the consent of the Board. SECTION 19 The Company shall" collect all garbage and trash from. customers of the garbage service when the customer places the gar4. - bage and trash in standard receptacles or standard garbage bags and these receptacles are placed near the curb or swale area or other area agreed between the parties. The Board of County Commissioners shall have the authority to adopt reasonable rules and regulations regarding the placement, or types of receptacles required by the Company. It is agreed and understood that fallen trees are not considered trash, but customers of this garbage ser- vice and the holder of the franchise may contract with each other for the removal of fallen trees, should they desire; and the pay for this service will be separate and apart from the rates charged for the collection of garbage and trash. Wooden boxes, pasteboard cartons, etc., that merchants or residents have and collect from day to day in the routine of business and housekeeping shall be considered trash. SECTION 20 The franchise shall pay to the County one percent (1%) of gross revenue, as defined in this resolution, per fiscal year as a franchise fee for its operation in Indian River County. Payment shall be made within ninety (90) days of the close of franchisee's fiscal period. The franchisee shall submit together with the payment of the franchise fee a report of its operations showing in detail gross revenues. The report shall be certified by a financial officer of the franchisee or an independent public accountant. The report shall be submitted in conformity with generally accepted accounting and auditing standards that shall be sufficient in scope to allow a certified public accountant to issue an opinion regarding franchisee's compliance with the requirements of this resolution. SECTION 21 The.holder of this franchise must comply with all existing ordinances, statutes and codes and operate in a clean, sanitary manner to avoid creating a nuisance or becoming a discredit to the County, The Company must make collections as often as is necessary to provide complete and adequate service to its customers in the territory. - SECTION 22 The Company shall dispose of all�lgarbage or trash collected from the franchise area at the Indian River County Landfill or other means of disposal approved by the Board. The Company shall not dispose of any garbage or trash at any of the County's transfer stations. The Company will be subject to all fees for the use of the County's Sanitary Landfill as is any other individual. The County may adopt reasonable rules and regulations for the use and scheduling of the Sanitary Landfill'. The Company shall not dispose of any trash or garbage collected outside the County at the Indian River County Sanitary Landfill. SECTION 23 This franchise and the rights granted and obligations imposed shall take effect and be in force from the date of adop- tion of this resolution for a term of twenty (20) years provided, however, that the Indian River County Commission shall have the right to hold a public hearing at any time upon notice to the Company, to receive public input on the Company's performance under the terms of this franchise. If it appears to the County r that Company is failing to serve the public's and County's best interests, the County shall have the right to make such modifications to this franchise as are necessary to serve the interests of the residents of Indian River County. SECTION 24 If any .word.,. section, •clause®or part. of this .resolution is held invalid, such portion shall be deemed a separate and inde- pendent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board.of County Commissioners, and its seal to be affixed MAY .19 1982 _10- kDox 49 fA;f 7� �- AY K Pgde ,54 M 19 1982 49 7 and attested by its clerk, all pursuant.to the=resolution of the BQarcd of County Commissioners adQpted. on. th_e_ 1.9tb. day of May , 1982. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Naye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of May , 1982. Attest: FREDA WRIGHT, er�,�yk APPROVEDS TO FORM AND LEGA�SUFFICWNCYA o By M. , Cof my A BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLO IDA By �•+.. G DON C. SCUR OCK, JR. Chairman V ACKNOWLEDGEMENT OF FRANCHISE The foregoing Resolution is acceptable to Rural Sanitation Service and Rural Sanitation Service agrees to abide by all terms and conditions contained therein, when and if adopted by the Board of County Commissioners of Indian River County. RURAL SANITATION SERVICE, INC. (CORPORATE SEAL) By g,,,,,,, )�. 7 iovsew_ Ann M. Morrone,-President 11- REQUEST FOR AUTHORITY TO PROSECUTE ZONING VIOLATOR - HEROLD The Board reviewed staff memo as follows: TO: Cha; rman DATE: `,3V 11. 1 9a2 FILE: hi Don C. Scurlock, Jr. and Board of County Commissioners SUBJECT: Requesting Authority to Prosecute Zoning Violation -- Jerry Herold's Custom Cabinets FROM: Christopher. J. 211 REFERENCES: Assistant County Attorney The County Attorney's Office has been requested by the Planning and Zoning Department to assist in the enforcement of the Zoning Code against Mr. Jerry Herold, 245 Nieuport Drive, Indian River Aerodrome, with respect to his -custom cabinet manufacturing -opera- tion. The property is zoned for agricultural uses and is developed as large -lot residential, in conjunction with a private airstrip. The light manufacturing activity currently underway is not a lawful permitted use within the agricultural district. ` Mr. Herold was issued an order to cease manufacturing activities on February 16th, and again on March 10, 1982, but has not complied therewith. Upon the advice of his counsel, Charles Sullivan, Mr. Herold has not appealed the Zoning Department's decision to the Board of Adjustment, nor has he voluntarily ceased his cabinet making operation. At least two of the residents in the immediate vicinity have continued to complain to the County about Mr. Herold's operation. The residents maintain that his activity is clearly audible from their homes, and that a significant number of commercial delivery vehicles drop off materials to Mr. Herold. The central issue developing is whether this activity is a per- mitted "home occupation" under the Zoning Code. Home occupation is defined as "any occupation or activity carried on within a residen- tial property, where the activity is conducted only by members of the family living within the residence, where products are not offered for sale from the premises, where no evidence of the occu- pation is visible or audible from the exterior of the residential property, where traffic is not generated in excess,of that customary at residences, and where no commercial vehicles are kept on the premises or parked overnight on the premises unless other- wise permitted by these regulations." REQUESTED ACTION As requests for voluntary compliance have not generated positive results, this office is requesting consideration of the matter, and a determination on whether to initiate legal action -to abate this apparent violation of the Zoning Code. The appropriate law suit would be a Petition for Injunctive Relief. Attorney Brandenburg believed that this is a straight- forward matter of enforcement of Code and requested the can overturn the Board of Adjustment & Appeals, and Attorney Brandenburg stated that they cannot; the County Commission, however, may file an action in Circuit Court against their own Board of Adjustments within a certain time period, which period now has expired. Chairman Scurlock did not believe Mr. Herold appeared before the Board of Adjustment. Assistant County Attorney Christopher Paull informed the Board that Mr. Herold has been issued two Cease and desist Orders, both of which he has ignored, and when the original order was issued, Mr. -Herold had every opportunity to appeal to the Board of Adjustment but chose not to. The only proceeding that has taken place before that Board is an administrative interpretation of the Code, which was requested by Zoning Official Dewey Walker, at which time the Board of Adjustment rendered their opinion that the activity of custom cabinet making was not a home occupation. Some discussion followed as to the possibility of requesting a rehearing and reconsideration of the matter by the Board of Adjustment, but it was felt the only option available, if we disagree, is to go to Circuit Court. Commissioner Lyons asked if the Board is saying we want industry carried on in a residential neighborhood. Discussion ensued revolving around the fact that the activity being carried on at the Herold residence is similar to that carried on in many places throughout the county and is generally found acceptable until you have a neighborhood dispute, at which time it erupts into a legal battle. Commissioner Bird believed the basic problem is that there has been some oversight in our ordinance which does not differentiate between activities allowable in a residential district as opposed to an agricultural district. He agreed that you would not want this occupation being carried on in a regular residential district. Chairman Scurlock believed the Commission has two options - to live by the law, or if the law is not appropriate, to change the law. Commissioner Lyons agreed, but noted one problem is that this is an artificial situation where you have a resi- dential subdivision in an agricultural zone. Discussion ensued as to the action being requested of the Board, and Attorney Brandenburg explained that they are asking for authority to institute suit to enforce the Zoning Code. He concurred that the Board does have the option of changing the Zoning Code so that this activity no longer would be illegal. Commissioner Wodtke asked if the decision that this was not a home occupation was based on external noise"and vehicular traffic. Attorney Paull reported that complaints were received in regard to noise made by the power saw, deliveries made by large vehicles, additional wear and tear on the private roads which the residents have to maintain, etc. If Mr. Herold could carry on the same activity without audible sounds and the need for large vehicles to -enter the neighborhood, he did not feel there would be a problem. Commissioner Wodtke asked if the ruling that cabinet making is not a home occupation prevents anyone from making cabinets in their home. Commissioner Lyons felt it only applies if the cabinets are offered for sale, and Attorney Paull listed the factors in violation of the ordinance, i.e., Attorney Sullivan admitted that Mr. Herold was building cabinets on the premises and that he lists his name in the yellow pages, which factors are plainly in contravention of the Ordinance. .MAY 18 198 95 �K :� P 75-8 MAY, -1-9:1982 Mr. Paull commented that we are faced with an apparent violation, and we have been requested to enforce the law. Zoning Director Dewey Walker did not see how the Board could question the definition spelled out in their own regulations, which clearly states that you cannot manufacture in that district and sell off premises. He agreed there is no problem with anyone building cabinets for his own house, and Mr. Herold does sometimes go out and build cabinets on the job in people's houses, which is permitted. Mr. Walker pointed out that the Commission gave the Board of Adjustment the authority to render decisions on the Zoning Code, and they have determined that the manufacture of kitchen cabinets in an agricultural zone does not come under the classification of home occupation. He believed if the Commission changed the regulations to allow manufacturing under the definition of home occupation, it would open up a can of worms for the County, and we could end up with someone with a 4 -car garage manufacturing go-carts. Mr. Walker stressed the fact that Mr. Herold is retailing and he does have deliveries to his house. Commissioner Wodtke asked what about a situation where a lady makes ceramics in her home and sells them, and Mr.Walker commented that if it is a violation, it will be closed down. The Board continued to review the factors used in determining whether or not something is a home occupation. Commissioner Lyons felt the neighbors would expect the law to be maintained, and Commissioner Wodtke noted that most of the people out there have no problem and it seems this whole problem is the result of a neighborhood argument. Mr. Walker commented that when we think.of an agricultural zone, we generally think of 5 acre lots. This, however, is a subdivision of one acre lots in an agricultural zone, which came about because of the residents desire to have an air strip convenient to the subdivision. Mr. Walker agreed that argument apparently has arisen among the residents as a result of some deed restrictions, but that is not our problem - manufacturing is our problem, and there is a noise problem which has caused objections. The people have looked at the laws and have come to us, and we must either enforce the laws or change them. Commissioner Wodtke felt that Mr. Walker is indicating that it is the manufacturing which is the problem and even if there were no external noise or vehicular traffic, Mr. Herold still would-be in violation. Mr. Walker confirmed that was his opinion. Considerable discussion followed as to the fact that the Commissioners took an oath to uphold the law and they do not have the authority either to overturn the decision of the Board of Zoning Adjustment or just disregard this violation. Commissioner Lyons asked if there is a set time in which the Board must take action, and Attorney Brandenburg stated that Mr. Herold is in violation now, and it is the matter of a continuing violation and how quickly the County will act to enjoin the violation. If it goes to court, the Judge will make the decision. Commissioner Bird suggested some sort of compromise where we do not immediately initiate court action for Mr. Herold to cease his operation, but begin a study of that portion of our regulations that pertain to home occupations in an Agricultural zone. Lengthy discussion ensued on how you would define home occupation; the dividing line between manufacturing and home occupation, etc. Commissioner Lyons pointed out that the present definition had been arrived at through a lot of hard work, AY' 19 198 ; this afternoon. He, therefore, suggested that we ask the Zoning Board to take a look at the home manufacturing definition and make a recommendation, and in the meantime, authorize the Attorney to instigate the suit as he did not W. believe we have any other alternative. Attorney Brandenburg noted that if Mr. Herold were to terminate his activities for 90 days until the review could be completed, he would not be in violation and we would not have to file suit. Carolyn Eggert, Chairman of the Planning & Zoning Commission, reported that within 120 days the new implementing ordinance of the Comprehensive Plan should be available, and this is part of what they have been working on. Discussion followed as to the possibility of them addressing home occupation on a separate basis, but Mrs. Eggert felt this would be a hardship to the Planning Department and throw them off schedule. Chairman Scurlock felt if the Board took the approach of doing nothing, we could be in the position of having a suit filed against us for not taking action. Commissioner Bird asked Mr. Herold about the possibility of his ceasing operations for the time period suggested by Attorney Brandenburg. Mr. Herold confirmed the feeling expressed that this is actually a neighborhood squabble, but stated that he would like to ask the Board of Adjustment for a rehearing, if possible, since he was only informed on a Friday night that there would be a hearing on the following Monday. He further stated that he was never informed he was on today's agenda. Zoning Director Walker refuted that statement. Motion was made by Commissioner Fletcher, seconded by Commissioner Lyons, that the Zoning Officer, in the prescribed manner of procedure, request a reconsideration of this matter by the Board of Adjustment & Appeals at their ' next regularly scheduled meeting, and should that request not be granted, that the Board of County Commissioners authorize their attorney to prosecute*the zoning violation of Jerry Herold Custom Cabinets. Zoning Director Walker explained in detail the procedure that should be followed, beginning with Mr. Herold writing a letter to the Administrator requesting such a rehearing. Commissioner Wodtke felt the issue that needs to be addressed is the interpretation of home occupation. Considerable discussion ensued as to what criteria should be met, etc. Trevor Linton -Smith, neighbor of Mr. Herold, informed the Board that Mr. Herold's equipment does not make any more noise than a lawnmower, and there is equipment that can easily measure this noise and compare it with the noise of airplanes taking off, etc. He noted that he is an aeronautical engineer and intends to set up a computer in his home and sell his consulting services. He then talked about the trend that is developing to go back to "cottage" industry and work in the home. Jack Jeruska, also a resident of Aerodrome Subdivision, confirmed that there is a social problem in their subdivision- there are 39 voting lots; 36 of these operate pretty well together and 3 are the dissidents who have entered the complaints on both Mr. Herold and himself. He then went into detail of how he had been harrassed by this same "dissident because of an oversight he inadvertently committed in building his hangar before his house and emphasized that the person making all these complaints is costing the various agencies a lot of time and money by using the government to carry out a personal grievance. MAv .191982 99 MAY.19BZ Commissioner Wodtke noted the Motion requests consider- ation of a rehearing by the Board of Adjustment and also states that if this is refused, we will file suit. He asked if Mr. Fletcher would consider just retaining the first part of the Motion, and Mr. Fletcher would not. The Chairman called for the question. It was voted on and carried 3 to 2 with Commissioners Bird and Wodtke voting in opposition. Commissioner Wodtke felt we must address what seems to be a difference of opinion between our Attorney and Zoning Ir Official as to what constitutes a violation of home occupation. POSTPONEMENT OF AGENDA ITEMS TO FOLLOWING WEDNESDAY The following agenda items were carried over to Wedneday, May 26th: Item 5E - Purchase IBM Displaywriter Systems Item 11A & 11B - Public Works Item 13A - Administration Items Item 14 - Circuit Conflict Committee Item 15 A, B, D, E & G - County Attorney Item 18 - Quay Dock Road Item 19 - Commissioners Items DISCUSSION ON REPLACEMENT OF COUNTY ADMINISTRATOR Commissioner Fletcher noted that since Assistant Administrator David Greene has given notice that he has made arrangements to go to another employer, he felt it is to everyone's interests to come to some agreement as soon as possible as to who is going to be taking over and acting as Administrator until such time as we can hire a new Administrator. Chairman Scurlock reported that we have received 72 resumes so far applying for the position of County Administrator, and the cutoff date is May 31st. He felt, however, we can proceed with culling through, the resumes already received and continue to accept resumes at the same time. Commissioner Fletcher agreed, but emphasized that the resumes should be thoroughly checked. He asked Assistant Administrator Greene who he would recommend to take over as Acting Administrator upon his departure. Mr. Greene felt the logical choice would be Dr. Hardin who has been working closely with him and who is next in the chain of the organizational structure. Motion was made by Commissioner Fletcher that Dr. Hardin be authorized to act as Administrator beginning on June 4th until such time as a full time Administrator is hired and commences work. Commissioner Lyons suggested that Dr. Hardin be appointed Assistant Administrator and then he -automatically would become senior officer. Chairman Scurlock stressed the fact that Dr. Hardin was hired as a Personnel Director and that is the field in which he is qualified, but because of our disrupted situation, he has had to assume other duties. Chairman Scurlock wished to be sure that this is merely a temporary situation and that Dr. Hardin would not permanently assume the role of Administrator or Assistant Administrator. Discussion followed as to the fact that the Board wished Dr. Hardin to be able to resume his duties as Personnel Director, and it was noted than Dr. Hardin has indicated that he is not desirous of holding either the position of 'Administrator or Assistant Administrator and his wish is to return to the position of Personnel Director, for which he was hired originally. Commissioner Fletcher withdrew his previous Motion and restated 3t as follows: Motion was made by Commissioner Fletcher, seconded by Commissioner Lyons, that Dr. Hardin be appointed temporary Assistant Administrator, normally reporting to Mr. Greene during Mr. Greene's presence. MAY 19 �g8Z 101 $anima MAY 191982 Commissioner Wodtke expressed the hope that by requiring people to take on additional responsibilities, we do not lose any more of our personnel. He noted we are getting spread pretty thin. Commissioner Bird believed we were remiss in not coming up with additional compensation for Mr. Greene while he was pinch hitting as Administrator and felt we should consider this for Dr. Hardin. Commissioner Fletcher stated that he would include in his Motion that at the meeting of June 2nd, the Commission would address an interim compensation figure for Dr. Hardin. Commissioner Lyons confirmed his second to the inclusion. Further discussion ensued on the need to review and cull the resumes submitted for the position of Administrator down to a more workable amount, and the importance of the Commissioners being involved was emphasized. Assistant Administrator Greene reported that Personnel already has cut the list down to 10 and if any of the new ones are felt to be preferable, they will be added to this list. The Chairman called for the question. It was voted on and carried unanimously. PURCHASE AGREEMENT - SITE FOR SOUTH BEACH WATER GROUND STORAGE TANK Attorney Brandenburg reviewed his memo as follows: TO: Board of County DATE: May 17, 1982 FILE: Commissioners SUBJECT: south Beach Water System Ground Storage Tank and Fire Station Site FROM: Gary M. Brandenburg REFERENCES: -- County Attorney On May 5, 1982 the County Commission received a status report on the negotiations for the acquisition of a 2.2 acre parcel to serve as a location for the South County Water System Ground Storage Tank and Fire Station.- Mr. Robbins then related Mr. Padgett's offer to sell the property to the County for $175,000.00. The Board re- solved to authorize the Chairman to appoint.a County Commissioner to continue negotiations with Mr.L.-Padgett. Commissioner Bird was appointed and subsequently met with Earl Padgett. That meeting re- sulted in an agreement by Mr. Padgett to sell the property for - $150,000.00; and if the County ordered another appraisal that indi- cated a higher value, he would continue his offer for $150,000.00. On the other hand, if the new appraisal indicated a value less than $150,000.00 he would negotiate the purchase price further (copy attched). Upon receipt of Mr. Padgett's offer, this office contacted Mr. Peter D. Armfield, MAI. and ordered a new appraisal. The previous appraisal conducted by the Ed Schlitt agency indicated a value of $110,000.00. The new appraisal indicated a value of $132,000.00. Upon review of the new appraisal, Mr. Padgett agreed to a purchase price of $132,000.00. Attached to this memorandum you will find a copy of an agreement for the sale and purchase of the subject pro- perty that has been executed by Mr. Padgett, together with a reso- lution authorizing its execution. The agreement must be accepted by the County prior to May 20, 1982. The agreement further pro- vides that the County will construct a fire station that is archi- tecturally harmonious to the surrounding neighborhood and struc- tures and paint the water storage tank a gray4green color and provide adequate landscape buffering. Respec lly ubmitted, G Brun enburg t Attorney Motion was made by Commissioner Wodtke, seconded by Commissioher Lyons, to adopt Resolution 82-52 authorizing the Chairman to execute an agreement between Indian River County and Vero Mar Development, Ltd., for purchase of 2.2 acres as a site for the South Beach Water Ground Storage Tank. MAY 19 198 103 Max 9 %E7 Commissioner Fletcher stated that his only concern is to make sure the funds to pay for this are clearly delineated•from the utility system and the South County Fire District. Commissioner Bird stated that this will be divided and each will pay their proportionate share. Discussion followed as to the beauty of the property and the fact that the station to erected there is to be architecturally harmonious with the area which will necessitate a more expensive type structure. The Chairman called for the question. It was voted on and carried unanimously. ir RESOLUTION NO. 82- 52 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN INDIAN RIVER COUNTY AND VERO MAR DEVELOPMENT, -LTD. FOR THE SALE AND PURCHASE OF 2.2 .ACRES OF REAL PROPERTY. WHEREAS, the Board of County Commissioners desires to acquire a tract of property located on the southern portion of the Barrier Island for the purpose of locating a storage tank for the new South Barrier Island water system and to further locate a fire department substation, and WHEREAS, Vero Mar Development, Ltd. is the current owner of a 2.2 acre parcel which is suitable for the County pur- poses and is willing to sell the parcel to Indian River County for a total purchase price of $132,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Chairman of the Board of County Commissioners and the Clerk are authorized to execute the attached contract for the sale and purchase of real property between Indian River County and Vero Mar Development, Ltd. 2. The Chairman of the Board of County Commissioners and County Attorney are authorized and instructed to take all necessary action including the execution of all necessary docu- ments to close on the real estate transaction described in Paragraph 1 above, and 3. The County Commission agrees to design a fire station for the site which will be architecturally harmonious with other structures in the area and further agrees that the ground storage tank to be located on the parcel shall be painted a natural gray/green. and screened with appropriate landscaping. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick -Bird Aye MAY i�9 19821 ti f MAY 12(: 198Z The Chairman thereupon declared the resolution duly passed and adopted this 19th day of May , 1982. • e• Attest: �ha4— FREDA WRIGHT, C1 k APPROVED l��S TO FORM AND LEGAY//SUEFIQIACY By BFn RANDE BURG y Attornehr r2_ BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By C DON C. SCURLOCK, JR. Chairman CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY VERO MAR DEVELOPMENT, LTD., a limited partnership,.of P.O. Box 3444, Vero Beach, Florida 32960, hereinafter called the Seller, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, of 1840 25th -Street, Vero Beach, Florida 32960, hereinafter called the Buyer, hereby agree that the Seller shall sell and the Buyer shall buy the following described property UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, which shall include the STANDARDS FOR REAL ESTATE TRANSACTIONS set forth on Exhibit A of this contract. 1. LEGAL DESCRIPTION of real estate located in Indian River County, Florida: As described in Exhibit -B- 2. PURCHASE PRICE AND METHOD OF PAYMENT: Purchase price Deposit $132,000.00 TOTAL CASH DUE AT CLOSING $132,000.00 3. TIME FOR ACCEPTANCE: If this contract is not executed by the seller and buyer on or before May 20, 1982, this agreement shall be null and void. The date of contract, for pur- pose of performance, shall be regarded as the date when the last one of the seller and buyer has signed this contract. 4. CLOSING DATE: This contract shall be closed and the deedandpossession shall be delivered on or before the 20th of June, 1982; unless extended by other provisions of this contract. 5. PRORATIONS: Taxes, and other expenses and revenue of said property shall be prorated as of the date of closing. 6. EVIDENCE OF TITLE: Within fifteen (15) days from the date of this contract, the seller shall, at his expense, deliver to the buyer's attorney in accordance with Standard A a title guarantee commitment. n 7. CONVEYANCE: Seller shall convey title to the afore- said property to the buyer by warranty deed subject to matters contained in this contract and taxes for the year of closing. 8. RESTRICTIONS AND EASEMENTS: The buyer shall take title subject to: (a) Zoning and/or restrictions and prohibitions MAV 19 �1 82 49 appearing on the plat and/or common to the subdivision, (c) Public utility easements of record, provided said easements are located adjacent to the boundary lines of the property and are not more than ten (101) feet in width, (d) Other - none, further provided that none of the foregoing interferes with the use of the property for the purposes as stated in this contract. 9. SPECIAL CLAUSES: Purchaser shall design the fire station to be located on the site to be architecturally harmonious with other structures in the area, and the ground storage tank shall be painted a natural gray/green and screened with appro- priate landscaping. Executed by Buyer on: WITNESSES: Executed by Seller on: M No INDIAN RIVER COUNTY I DON C. SCURL 46irman Board of County Commis loners VERO MAR D VELD NT LTD. General rtner rt - EXHM"All STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) A complete abstract of title prepared by a reputable abstract firm purporting to be an accurate synopsis of the instruments affecting the title to that real propery recorded in public records of that county to the date of this contract, showing in the seller a marketable title in accordance with title standards adopted from time to time by the Florida Bar, or the local Bar Association, subject only to liens, encumbrance, exceptions or qualifientions set forth in this contract and those which shall be discharged by seller at or before closing, (2) a title guarantee commitment issued by a qualified title insurer agreeing to issue to the buyer, upon the recording of the deed to buyer, an owner guarantee in the amount of the purchase price insuring the title of the buyer to that real property, subject only to liens, encumbrances, exceptions or qualification set forth in this contract and those which shall be discharged by seller at or before closing. Buyer shall have 30 ..... days if abstract; or 15 ..... days if title guarantee commitment, from the date of receiving the evidence of title to examine same. If title is found to be defective, the buyer shall, within said period notify the seller in writing specifying the defects. If the said defects render the title unmarketable, the seller shall have 120 ...... days from the receipt of such notice to cure the defects, and shall use due diligence to do so; but if aftei said time has expired, said defects are not cured, Buyer, upon request, shall have an additional 120 ...... days to cure said defects, and the reasonable costs and fees incurred thereby shall be paid by seller. If Buyer does not cure said defects within said additional time period, then buyer shall have the option: (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith be returned to the buyer, and thereupon the buyer and seller shall be released of all further obligations under this contract. B. EXISTING MORTGAGES- The Seller shall obtain and furnish a statement from the mortgagee setting forth the principal balance, method of payment, interest rate, and whether the mortgage is in good standing. If there is a charge for the change of ownership records by the mortgagee, it shall he borne by the Buyer. In the event the mortgagee does not accept the Buyer for purposes of assuming the existing mortgage encumbering the subject property, where the mortgage instrument re- quires such acceptance, then and in that event, the Buyer at his option may cancel the contract and all monies paid on the purchase price shall be refunded to him and the parties shall be released from all further obligations. Any variance in the amount of a mortgage to be assumed from the amount stated in the Contract shall he added to or deducted from the cash payment or the purchase money mortgage, as the Buyer may elect. C. PURCHASE MONEY MORTGAGES: Any purchase money note and mortgage shall follow the forms generally accepted and used in the county where the land is located. A purchase money -mortgage shall provide for insurance against loss by fire with extended coverage in an amount not less than the full insurable value of the improvements. In a first mortgage, the note and mortgage shall provide for acceleration, at the option of the holder, after thirty (30) days default and in a second mortgage after 15 .. days default. Second mortgages shall require the owner of the property encumbered by said morteaee to keen all prior liens and encum- brances in good standing and forbid the owner of the property from accepting modifications of, or future advances under, a prior mortgage. Buyer shall have the right to prepay all or any part of the principal at any time or times with interest to date of payment without penalty and said payments shall apply against the principal amounts next maturing. In the event Buyer executes a mortgage to one other than the Seller, all costs and charges incidental thereto shall be paid by the Buyer. D. SURVEY: The Buyer, within the time allowed for delivery of evidence of title and examination thereof, may have said property surveyed at his expense. If the survey shows any encroachment on said property or that the improvements intended to be located on the subject property in fact encroach on the lands of others, or violate any of the covenants herein, the same shall be treated as a title defect. E. TERMITE INSPECTION: Prior to closing, at Buyer's expense, the Buyer shall have the right to have the property inspected by a licensed exterminating com- pany to determine whether there is any active termite or wood -destroying organism present in any improvements on said . property, or any damage from prior termite or wood destroving organism to said improvements. If there is any such infestation or damage, the Seller shall pay all costs of treatment and repairing and/or replacing all portions of said improvements which are; infested or have been damaged; provided, however, in the event the cost to be incurred is more than three percent (3%) of the purchase price, then either party may cancel the contract within ten (10) days of receipt of the termite inspection report and cost estimate for effecting exterminations and necessary repairs, by giving written notice to the other party. F. INSURANCE: The premium on any hazard insurance policy in force covering improvements on the subject property, shall be prorated between the parties, or the policy may be cancelled as the Buyer may elect. If insurance is to be prorated the Seller shall, on or before dosing date, furnish to the Buyer all insurance Policies or copies thereof. G. LEASES: The Seller shall, prior to closing, furnish the Buyer copies of all written leases and, if there are any persons in possession without written leases, estoppel letters from each tenant specifying the nature and duration of said tenant's occupancy, rental rate, advance rents or security deposits paid by tenant. In the event Seller is unable to obtain said estoppel letters from tenants, the same information may be furnished by seller to Buyer in the form of a Seller's Affidavit. H. MECHANICS LIENS: Seller shall furnish to the buyer an affidavit that there have been no improvements to the subject property for 90 days immediately preceding the date of closing. If the subject property has been improved within 90 days immediately preceding the closing date, the seller shall deliver releases or waiver of all mechanics liens executed by general contractors, subcontractors, suppliers or materialmen and a seller's mechanics lien affidavit. L PLACE OF CLOSING: Closing shall be held at the office of the seller's attorney or as otherwise agreed upon. J. DOCUMENTS FOR CLOSING: Seller's attorney or other closing agent shall prepare deed, and corrective instruments, seller's affidavit, and closing statement. Buyers attorney shall prepare the purchase money now and mortgage. Copies of all such documents shall be submitted to the other party's attorney at least 2 days prior to the closing date. Copies shall also be furnished to participating Brokers upon requeaL ' K. EXPENSES: State surtax and documentary stamps required on deed, costs of recording any correcting instruments and the cost of recording the purchase money mortgage shall be paid by the seller. Documentary stamps to be affixed to the note or notes secured by the purchase money mortgage, intangible tax on mortgage, and the cost of recording the deed shall be paid by the buyer. L. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based upon the current year's tax without regard to discount. If the closing takes place and the current years taxes are not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes will be prorated on the prior years tax, provided, however, if there is completed improvement of the subject premises by January 1 of the year of closing, then the taxes shall be prorated to the date of closing based upon the prior year's millage and an equitable assessment to be agreed upon between the parties, taking into consideration Homestead Exemption, if any. However, any tax proration based on an estimate may at the request of either party to the transaction, be subsequently readjusted upon receipt of tax bill, if a statement to that effect is set forth in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified. confirmed or ratified assessment liens as of the date of closing (and not as of the date of the contract) are to be paid by the seller. Pending liens as of the date of closing shall be assumed by the buyer, provided, however, that where the improvment has been substantially com- pleted as of the date of the contract, such pending liens shall be considered as certified, confirmed or ratified and the seller shall at closing be charged an amount equal to the last estimate by the public body of the assessment for the improvement. N. PERSONAL PROPERTY: The Seller represents and warrants that all major appliances and machinery included in the sale shall be in good working order and repair as of the date of closing. Buyer may, at his sole expense and on reasonable notice, inspect or cause an insretion to be made of the appliances and equipment involved prior to closing. Any necessary repairs shall be made at the cost of the Seller and, if appropriate, adequate funds shall be escrowed at time of closing to effect such repairs. Unless otherwise agreed by the parties, the Buyer shall, by proceeding to closing, be deemed to have accepted the property as is. O. RISK OF LOSS: If the improvements are damaged by fire or other casualty before delivery of the deed and can be restored to substantially the same condition as now existing within a period of sixty (60) days thereafter, Seller may restore the improvements and the closing date and date of delivery of possession hereinbefore provided shall be extended accordingly. If ' 'ter fails to do so, the Buyer shall have the option of (1) taking the property as is, together with insurance proceeds, if any, or (2) cancelling the contract and all depos. will be forthwith returned to the Buyer and the parties shall be released of any further liability hereunder. P. MAINTENANCE: Between the date of the contract and the date of closing, the property, including lawn, shrubbery and pool, if any, shall he maintained by the Seller in the condition as it existed as of the date of the contract, ordinary wear and tear excepted. Q. PROCEEDS OF SALE AND CLOSING PROCEDURE: The Seller shall be entitled to receive the net proceeds of the sale at time of closing, except in cases where mortgagee requires title clearance before disbursing funds, in which event Seller shall be entitled to payment upon receipt of funds from mortgagee. Payment shall be made in the form of cash, cashier's check, certified check, attorney's trust account check, or real estate broker's trust account check. All professional service fees shall be disbursed in full at the time of closing. R. ATTORNEY FEES AND COSTS: In connection with any litigation arising out of this contract, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. S. DEFAULT: If Buyer fails to perform any of the covenants of this contract, all money paid pursuant to this contract by the Buyer shall he retained by or for the account of the Seller as consideration for the execution of this contract, and as agreed and liquidated damages and in full settlement of any claims for damages. If he Seller fails to perform any of the covenants of this contract, all money paid pursuant to this contract by the Buyer, at the option of the Buyer, shall be returned to the Buyer on demand, or the Buyer shall have only the right of specific performance. T. CONTRACT NOT RECORDABLE: This contract or any reference thereto shall not be recorded in the office of the Clerk of any Circuit Court of the State of Florida Li. PERSONS BOUND: This contract shall bind and benefit the parties hereto, their heirs, personal representatives, successors and assigns (unless provided herein that this contract is not assignable). V. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this contract, shall be binding upon any of the parties. Typewritten or hand- written provisions inserted in this form or attached hereto as addendums shall control all printed provisions in conflict therewith. The covenants of this contract shall survive delivery of the deed and possession. W. MAKING TIME OF ESSENCE: Time may be made the essence of this contract by notice in writing to the last known address of the other party or his attorney, stipulating a reasonable time for further performance. MAY 19 198 ; EXHIBIT "B" a. DESCRIPTION OF 2.2 ACRE PARCEL IN GOVERNMENT LOTS -7 and 8, SECTION 16, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA FOR PROPOSED INDIAN RIVER COUNTY SOUTH BEACH WATER SYSTEM IMPROVEMENTS. f Beginning at the intersection of the South line of the North one-half of Government Lot 7, Section 16, Township 33 South, Range 40 East, Indian River County, Florida, and the West right-of-way of State Road A -1-A (said right- of-way being 100 feet in width): thence, Run South 89034'14" West along the South line of staid North one-half of Government Lot 7 a distance of 380.11 feet to a point on the West line of said Government Lot 7, said point being 678.70 feet North of the Southwest corner of said Government Lot 7; thence, Run South 89036'26" West along the South line of the North one-half of Government Lot 8 in said Section 16, a distance of 244.89 feet; thence, Run North 00023'34" West a distance of 160 feet; thence, Run North 89036'26" East a distance of 310 feet; thence, Run North 47024'11" East a distance of 126.42 feet to a point on the West right-of-way of State Road A -1-A; thence, Run Southeasterly along said West right-of-way of State Road A -1-A on a curve concave to the Southwest, said curve having a radius of 5679.65 feet, a central angle of 03019'44.4", a chord distance of 329.95 feet, a chord bearing of South 42031'39" East, an arc distance of 330 Eeet to the point of beginning. Said parcel lying and being in Government Lots 7 and 8, Section 16, Town- ship 33 South, Range 40 East, Indian River County, Florida, and containing (96,175 square feet) 2.20 acres, more or less. PUBLIC HEARING — REZONING TO R -2D (GENERAL DEVELOPMENT) 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: - NOTICE Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore NOTICE IS HEREBY GIVEN that the Boar` been continuously published in said Indian River County, Florida, each daily and has been Y Y of County Commissioners of Indian- River,. VERCI BEACH PRESS -JOURNAL Florida, is reviewing the feasibility of ' ty, Florida, for a period of one year next preceding the first publication of the attached copy of making making the following changes and additions to advertisement; and affiant further says that he has neither paid nor promised any person, firm the Zoning Ordinance of Indian River County, Published Dail Daily Florida, which changes and additions are advertisement for publication in the said newspaper. substantially as follows: Sworn to and subscribed before me this 13 day of May A.D. 19 82 1. That the Zoning Map be changed in order Vero Beach, Indian River County, Florida that the following described property situated southeast of the intersection of 23rd Sfreef, f •AL S.W. and 6th Avenue, S.W. in Indian River COUNTY OF INDIAN RIVER: STATE OF FLORIDA County, portion th wit: portion of fhi plat of INDIAN RIVER OK FARMS COMPANY 1 in in Section 31 ` Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Township 31 South, Range 40 East, • Indian says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published River County, Florida, being more par - at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ticularly described as follows: Beginning at the intersection of the North right-of-way of 23rd Place, S.W. and the East; a NOTICE right-of-way line of 6th Avenue, S.W., as shown' on the Plat of VERO BEACH HIGHLANDS' 2 rd S t . & 6th Ave. UNIT FIVE as recorded in Plat Book 8 at page in the matter of S6 of the Public Records of Indian River. County, Florida, said point being on the arc of a circular to the right whose radius points. bears S 89 degrees42'-13" E from -said point; thence Northerly and Northeasterly along the arc of said curve having a radius of 260.0 feet and a central angle of 31 degrees -13'-2$" for an in the Court, was pub- arc distance of 141.69 feet to POINT OF REVERSE CURVATURE of a circular curve [1 to the left; thence Northeasterly and Northerly i said newspaper in the issues of May 3, 13, 1982 along the arc of. said curve having a radius of 640.00 feet and a central angle of 31 degrees 3112" for an arc distance of 351t.08 feet to a POINT OF COMPOUND CURVATURE of a circular curve continuing to the left; thence Northerly and Northwesterly along the arc of lished Affiant further says that the said Vero Beach Press -Journal is a newspaper published atsaid curve having a radius of $26.01 feet and a Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore central angle of 29 degrees -20'-00" for an arc - distance been continuously published in said Indian River County, Florida, each daily and has been Y Y of 2 hen feet' to a POINT 1 W ,TANGENCY: thence N 29 degrees -201-0010 W , entered as second class mall matter at the post office in Vero Beach, in said Indian River Coun- for.160.66 feet; thence N 60 degrees -40' -ft" E, ty, Florida, for a period of one year next preceding the first publication of the attached copy of along a portion of the Southeasterly right -of - advertisement; and affiant further says that he has neither paid nor promised any person, firm way line of 23rd Street, S.W. as shown on said or corporation any discount, rebate, commission or refund for the purpose of securing this plat of VERs BEACH 'HIGHLANDS UNIT advertisement for publication in the said newspaper. FIVE, for a distance of 1,289.39 feet to a point on the South right-of-way line of CANAL J-5, Sworn to and subscribed before me this 13 day of May A.D. 19 82 thence S IN degrees -35'-54" E, along a portion of the said South Canal right-of-way line, for a distance of 215.73 feet to a point on the Westerly right-of-way `line. of LATERAL •AL CANAL J-5; thence S 14 degrees -00'-00" E, s Manager) 9�p along a portion of thet said. Westerly right-of- way line, a distance of 1,569.93 feet; thence N OK 89 degrees42'-34" W a distance of 1,696.35 feet r oft ireult Cou—ri!lndiaqJV11ver County, Florida) s to the POINT OF BEGINNING. Said lands situate, lying and being in nIndian' (SEAL) River County, Florida, and containing 43.18 Acres, more or less. - Be changed from R-1; Single Family Residential to R -2D, Multi -Family Dwelling i District. A public hearing in relation fherefo'stwhich } parties in interest and citizens shall have an opportunity to be heard, will be held by said _ Board of County Commissioners of Indian 1 River County, Florida, in the Feunty ;pm - mission's Chambers of the County Ad- ministration Building located at 1840 25th Street, Vero Beach, Florida, on Wednesday, 'May 19,1982, at 1:3Q P.M. If any person decides to appeal any decision made on the above matter, he may need a, record of the proceedings, and for such pur-. f; poses, he may need to insure that a verbatim . record of the proceedings is made, which in- t : cludes testimony and evidence, upon which the appeal is based. _.� Indian RiverCoynty Board of County Commissioners - By: -s -Doug C. Scurlock Jr. Secretary to Board of County Commissioners 184025thStreet Vero Beach, Florida 32960 , - ,a�w-t-s' May 3,13.1982. 49 PaE 774t - MAY 191982 - 4 Staff memo and recommendation is as follows: TO: The Honorable Board DATE: April 27, 1982 FILE:IRC-82-ZC-3 of County Commissioners #457 4 SUBJECT: GENERAL DEVELOPMENT CORPORA- TION S REQUEST TO REZONE 43.18 ACRES FROM R-1 SINGLE FAMILY RESIDENTIAL (6 UNITS/ACRE) TO R -2D MULTI -FAMILY RESIDENTIAL (6-UNITS/ACRE) FROM: David L. Greene REFERENCES: Assistant County Administrator f DESCRIPTION AND CONDITIONS: The applicant is requesting that approximately 43.18 acres presently zoned R-1, Single Family Residential (6.2 units/ acre) be rezoned to R -2D, Multi -Family Residential (6 units/ acre). The site, located in Vero Highlands on the southeast corner of 20th Place and 6th Avenue.; S.W., is designated LD -2 (up to 6 units/acre) in the Comprehensive Plan. 'The Planning and Zoning Commission recommended approval of this request by a 4 -to -1 vote on March 25, 1982 at its regular meeting. ANALYSTS - The 43.18 acre site is presently covered with natural vege- tation. North is wooded acreage designated as park land on the Vero Highlands Master Plan. North of the park land is single family residential development. South is one of the General Development Corporation's utility sites. East is a large wooded parcel not owned by General Development Corporation. West is the Vero Highlands Recreation Center and Tennis Courts. New single family homes are being developed to the Southwest. Multi -Family development of the site at 6 units/acre would allow a maximum of 259 units which would be subject to site plan approval. In a Single Family development on 7000 sq. ft. lots, which is the minimum allowed in R-1 zoning districts, between 200 and 215 units could be developed. General Development Corporation developed a Master Land Use Plan for Vero Highlands/Vero Shores in November --of 1979. This plan designates approximately one-half of,the subject property as Medium Density 5-15 units/acre and the remaining portion as Commercial. The Commercial designation was elim- inated based on the County's Comprehen$ive Plan. The Vero Highlands/Vero Shores Master Plan has not been approved by the County. The plan is designed to allow the County and citizens to be aware of General Development Corporation's intentions. The plan was also filed with the State Depart- ment of Environmental Regulation. L STAFF POSITION: 1. The proposed rezoning does not exceed maximum densities established by the Comprehensive Plan. 2. The rezoning request is compatible with development policies and objectives stated in the Comprehensive Plan, including: a) Proposals for residential development shall compliment existing residential patterns and provide adequate neighborhood facilities." Multi -Family Use is a -part of the overall mixture of complimenting land uses General Development Corporation is proposing for the Vero Highlands area. A recreation complex which will soon be opened is located immedi- ately west of the site. Water and sewer services are presently available to the area through General Development Corporation's facilities. b) Low Density (LD) residential districts are provided to achieve a development which includes large amounts of open space and related facil- ities and also achieves a low overall residen- tial density: In the R-1 zoning district a principal structure and its accessory structures may cover 30 percent of a lot. In the R -2D zoning district only 25 percent of the lot may be covered. Furthermore, landscaping require- ments apply to multi -family developments where single family homes are exempt- from the land- scaping ordinance. c) The LD -2 district is designed to provide for resi- dential densities of a suburban nature not exceed- ing six (6) units/acre in single or cluster resi- dences which may include multi -family residences. d) A Land Use Objective stated iri•the Comprehensive Plan is "urban development shall be encouraged to fill in available land closest to service areas of the County so as to avoid "spot development". Rapid residential development is occurring in the vicinity of the subject property and this growth is expected to continue. Commerclial and industrial facilities are also located nearby. RECOMMENDATION: Staff recommends approval of the request to rezone the 43.18 acres from R-1, Single Family Residential (6.2 units/acre) to R -2D, Multi -Family Residential (6: units/acre). Ted Maureau, General Manager of Vero Beach Highlands and Generdl Development Corporation, informed the Board that they wish to continue the development of Vero Beach Highlands consistent with the plan filed in 1979. He noted that the proposed development also is consistent with the elements and density levels developed under formation of the MAY 19 .1982,1Fav -19-%E77, 113 Y 19182 _ new Comprehensive Land Use Plan, and they have eliminated a commercial tract which was not called for. They propose construction of multi -family structures to meet consumer needs and also propose to develop the parcel in three tracts to provide flexibility to respond to marketplace acceptance. Planner Dennis Ragsdale reemphasized the staff recommendation of approval, noting that the proposed development is in accordance with the Comprehensive Plan's intent that proposals for residential development shall compliment existing residential patterns and provide f adequate neighborhood facilities. He believed the open space provided by the multi -family development will blend with the General Development community. Planning Manager Art Challacombe pointed out that while discussing alternatives for multi -family housing in the South County area at the CLUP hearings, consideration was given to the General -Development site as being appropriate for affordable housing. Chairman Scurlock noted that on different pages of the back-up material there seemed to be a conflict as to the number of units that could be developed, i.e., 200-215 as opposed to 172. Mr. Ragsdale stated that it basically depends on how the subdivision is laid out, and he felt that allowing 1/4 of the area for streets, you probably could get around 194. Chairman Scurlock felt item 2(a) re water and sewer services being presently available through General Development Corporation's facilities needed some clarifica- tion as significant expansion will be necessary before these services actually are available. Commissioner Fletcher questioned site plan approval being required for multi -family and not single family, and was informed that is correct, and the requirements for multi -family development are much more stringent than those involved in the building of single family residences. Commissioner Fletcher then questioned the difference in the units depicted in the different areas, and Mr. Maureau r. explained that the larger building possibly could be a 2 -story building with 8 units on each floor. The smaller building would be an 8-plex. These are just conceptual plans. In further discussion, it was noted that this actually all comes under site plan approval, and all we are considering today is whether or not to allow the requested rezoning. The Chairman asked if anyone present wished to be heard. Frank Wilmoth of 2776 .6th Place informed the Board that he is associated with Plantation Ridge Subdivision, a proposed multi -family development located 500' from the development now being considered, which the Commission unanimously denied a requested rezoning to R -2D just a few weeks ago. Mr. Wilmoth noted that one of the reasons given for the denial was because this supposedly was a water sensitive area, another reason was the traffic situation, and also because over 200 residents of the area signed a petition opposing rezoning for multi -family development. He further emphasized that his proposed development, which was so strongly'opposed by area residents, was only half the size of that now proposed by General Development. Commissioner Wodtke agreed Mr. Wilmoth's proposed development was in the same general area, but believed there is a considerable difference between its location on top and west of the ridge and the location proposed by General Development, especially in regard to drainage problems. In addition, General Development will have public sewer and water facilities. MAY 1 9�9$� 115 MA Mr. Wilmoth stated that they did meet all County requirements and intended to put in a plant. Harold Hogan, resident of St. Lucie County, came before the Board representing his mother who owns acreage in St. Lucie County bordering on the proposed development. He believed the same people who opposed the previously proposed multi -family development would be against this development also. Mr. Hogan continued that his father developed Florida Ridge Development, which is on the County line right behind Florida ridge, and he felt these people should have the right to speak about what they want in their neighborhood. No one further wishing to be heard, on Motion made by Commissioner Bird, seconded by Commissioner Lyons, the Board unanimously closed the public hearing. Commissioner Lyons pointed out the differences between this subject project and the Wilmoth situation - the physical location of the properties in relation to the ridge; the fact that the traffic generated by the General Development project would not be strictly limited to old Dixie; and the provision of a public water and sewer supply. Planner Ragsdale felt that one of the major differences was the fact that the Wilmoth lots were to be sold to individual owners to build separately, while the General Development project is an overall development. Commissioner Bird believed one of the strongest points in favor of the General Development rezoning is the fact that the transition area it will provide between the multi -family and single family is so well buffered on all sides. Planning Manager Challacombe commented that with the proposed rezoning, a maximum of 59 more units could be. placed on the site than with the existing single family designation. On Motion by Commissioner Bird, seconded by Commissioner Wodtke, Commissioner Fletcher voted in opposition, the Board by a 4 to 1 vote adopted Ordinance 82-8 granting the rezoning of R -2D requested by General Development. Commissioner Fletcher based his opposition to the rezoning on the resultant increase of density. Commissioner Wodtke pointed out that it is zoned R-1 now which allows a density of 6.2 while the R -2D allows a density of 6. He further noted that very seldom is anything built to maximum density. Commissioner Fletcher changed his statement, citing the reason for his opposition as being due to the -increase in units that will result. Ordinance 82-8 is hereby made a part of the Minutes. Y-19 1982 117 - MAY, 19198 max49, ORDINANCE NO. 82-8 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, rlorida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: A portion of the plat of INDIAN RIVER FARMS COMPANY, lying in Section 31, Township 33 South, Range 40 East, Indian River County, Florida, being more particularly described as follows: f BEGINNING at the intersection of the North right-of-way of 23rd Place S.W. and the East right-of-way line of 6th Avenue S.W. as shown on the Plat of VERO BEACH HIGHLANDS UNIT FIVE as recorded in Plat Book 8 at page 56 of the Public Records of Indian River County, Florida, said point being on the arc of a circular to the right whose radius points bears S 890-42'-13"E from said point; thence Northerly and Northeasterly along the arc of said curve having a radius of 260.00 feet and a central angle of 310-13'-25" for an arc distance of 141.69 feet to POINT OF REVERSE CURVATURE of a circular curve to. the left; thence Northeasterly and Northerly along the arc of said curve having a radius of 640.00 feet and a central angle of 310-31'-12" for an arc distance of 352.08 feet to a POINT OF COMPOUND CURVATURE of a circular curve continuing to the left; thence Northerly and Northwesterly along the arc of said curve having radius of 526.01 feet and a central angle of 290-20'-00' for an arc distance of 269.30 feet to a POINT OF TANGENCY; thence N 290-20-'-00"W for 180.88 feet; thence N 600-40'-00"E, along a portion of the Southeasterly right-of-way line of 23rd Street S.W. as shown on said plat of VERO BEACH HIGHLANDS UNIT FIVE, for a distance of 1289.39 feet to a point on the - South right- of-way line of CANAL J-5, thence S 890-35'-54"E,along a portion of the said South Canal right-of-way line, for a distance of 215.73 feet to a poink on the Westerly right-of-way line of LATERAL CANAL J-5; thence S 14 -00'-00"E, along a portion of the said Westerly right-of-way line, a distance of 1569.93 feet; thence N 890-42'-34"W a distance of 1696.35 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Indian River County, Florida, and containing 43.18 Acres, more or less. Be changed from R-1, Single Family Residential to R -2D, Multi -Family Dwelling District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect May 25, 1982. PUBLIC HEARING — REZONING TO C -1A — SEXTON GROVES 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 Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER:STAj OF FLORIDA Before the undersigned autority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager othe Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River Couy, Florida; that the attached copy of advertisement, being a NOTICE in the matter of ' S R. 60 & 66th Ave. in the lished in said newspaper In the issues of May 3, 13, 1982 Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail .matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; 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 advertisement for publication in the said newspaper. Sworn to and subscribed before me this 13 day of May A.D. 19 82 us Manager) (Clerk of the Circuit Court, India Iver County, Florida) (SEAL) 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 northwest corner of the intersection of S.R. 60 and 66th Avenue in Indian River County, Florida, to -wit: Parcel No. 1. Tracts 1, 2, 7 and 8 of Section 6, Township 33, Range 39 East, less and ex- cepting the south 240 feet of the east 54S feet of Tract 8, less and except all existing rights of - way for public loads, drainage canals and ditches. _ Be changed from A -Agricultural to R-2& Multiple Family Dwelling District. Parcel No. 2. The south 240feet of the east 545 feet of. Tract 8, Section 6, Township 33, Range 39 East, less and except all existing rights-of-way for public roads, drainage Canals Be -chamjed from , A -Agricultural to C -IA, Restricted Commercial District. A public hearing in relation thereto at which parties in interest and cmuns shall have an Opportunity to be beard, will be held by said. Board of County Commissioners of Indian ' River County, Florida, in the County Com- mission's Chambers of the County Ad- ministration Building located at 1840 25th Street, Vero Beach, Florida, on Wednesday, May 19, t982, at 1:36 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 touMy " Board of County Commissioner f `r Bys-s-Don C. Scurlock Jr. S ;t Secretary to the Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 °,;., �,h � y_• _May 3,13,1982, b , Staff memo and recommendation is as follows: n :,MAV 1.1982 119 SEXTON GROVES INC. REQUEST TO REZONE 142 ACRES FROM A - SUBJECT: AGRICULTURAL TO R -2A, MULTI- FAMILY RESIDENTIAL (4 UNITS/ ACRE) AND 3 ACRES FROM A-, AGRICULTURE TO C -1A, RESTRICTED COMMERCIAL FROM: David L. Greene REFERENCES: Assistant County Administrator DESCRIPTION AND CONDITIONS: The applicant is requesting that 142 acres presently zoned for Agriculture be rezoned to R -2A, Multi -Family Residential (4 units/acre) and that 3 acres also agriculturally zoned be changed to C-lA, Restricted -Commercial. The 145 acre site located at the northwest cornet of State Road 60 and 66th Avenue is designated LD -2 (up to 6 units/acre) in the Land Use Element of the Comprehensive Plan. The Planning and Zoning Commission in its regular meeting held on March 24,^ 1982 unanimously recommended approval of this request. ANALYSIS: The site, located approximately 2 miles west of Vero Beach City Limits, lies on the fringe of existing urban development. Approximately 60 acr6s (41 percent) of the site is currently in citrus production and 10 acres (7 percent) are devoted to truck crops. The remaining 75 acres (52 percent) is undeveloped scrubland which was, at one time, occupied by groves. Development of the site at 4 units/acre would allow a maximum of 568 units. The LD -2 land use designation provides for residential densities of a suburban nature not exceeding six (6).units per acre in single or cluster residences which may include Multi -Family residences. Performance standards for low density residential development are established in the Comprehensive Plan. These standards outline development and location criteria and design considerations (see Compre- hensive Plan, Page 9). TRAFFIC IMPACTS: 1. Existing situation at the intersection of State Road 60 and 66th Avenue: Avg. Daily Volume to Road Tri s (1980) Approx. Ca acit % Cap. Ratio SR 66th Ave. 1060 ., 12,000 .09 2. Impact of the traffic generated from a multi -family development of up to 4 units/acre UNITS TRAFFIC GENERATED 350 2,155 avg. trip ends 550 3,355 avg. trip ends Up to 50,000 sq. ft. 2,320 avg. trip ends (week day) General Shopping -71 A FFT C GENERATED: Residential (350.units) 2135 (550 units) 3355 Commercial ' 2320 to 2320 — TOTAL 4-ZF5-5 _ -_vg. week �ip endsi. 120 Access Control must be considerable since State Road 60 is classified as an Arterial and 66th Avenue as a primary collector. This would be addressed in site plan review which is necessary for multi -family development. Traffic generated by a development at 4 units/acre on the subject property will impact the inter- section of State Road 60 and 66th Avenue to a point where signalization may be required in the near future. The level of service should not deteriorate as a result of development of the site at 4 units/acre (i.e. stable traffic flow character- istics should be maintained). WATER SITUATION: Demand for water is related directly to population. According to International City Management Association figures, the average demand for personal use as well as use from supporting services is 150 gallons per day per person. Based on this demand an estimate of water consumption, for development of the 142 acre site at 4 units per acre, can be derived. 142 acres x4 units/acre (maximum density) 568 total units (maximum) x2.2 persons per unit (Census Bureau Standards) 1 50 projected population x150 average gallons per day per person 187,500 approximate gallons per day demand Agricultural uses also demand large quantities of water. This ZZZ demand is in part, based upon the amount of rainfall, the type of irrigation system which is used and the intensity of the agricultural use. ` AGRICULTURAL LAND: The subject property is presently zoned for agricultural use as is much of the. surrounding land. With the proper improve- ments the site is obviously suited for agriculture as evidenced by the existing use of approximately 50 percent of the property. With the proper improvements the land would also be well suited for residential development and without improvement the land, as most land within Indian River County, would not be suitable for agricultural or residential use due to natural drainage problems. SURROUNDING UI E, ZONING, & LAND USE DESIGNATIONS: North of the subject property the land is zoned for agriculture and designated RR -1 in the Comp-r_ehensive Plan. This land use classification allows up to one unit for _each 2.5 acres and provides a transition between agriculture --and urban development areas. The RR -1 classification is designed to provide areas where low density residential neighborhoods are established and maintained. Limited new planting of groves is occurring directly north of the subject property, however, much of this land is presently occupied by old groves or is vacant. South of the subject property, across State Road 60, the land is zoned for agriculture and designated LD -2 (up to 6 units/ acre) in the Comprehensive Plan. A single family residence lies on the southwest corner of State Road 60 and 66th Avenue. Groves, pasture and scrubland are located south of this structure. MAY 191982 coif 7 r The future site of Central Assembly of God Church with a planned 2,000 seat auditorium, school for grades K-12, a youth center and a retirement center is also located south of the subject property. This proposed development has not received site plan approval as.of this date. East of the subject property the land is zoned for agriculture and designated LD -2 (up to 6 units/acre) in the Comprehensive Plan. The land use immediately to the east is groves. Residential development is sparse for a distance of approximately one mile east and moderate between one and two miles east. West of the subject property the land is zoned R-lMP (8.7 units/ acre) and the land use designation is LD -2 (up to 6 units/acre) for approximately one-half mile. Beyond one-half mile west of the site the land use designation is MD -1 -(up to 8 units/acre). A portion of Village Green Mobile Home Community, which includes 264 units at 5.07 units/acre is situated on th6,57 acres immediately west of the subject property. The Agricultural Center comprised of six offices, which serve the citrus industry, is located approximately .6 miles west. Over 1500 mobile home units are located within a distance of 2.5 miles west of the subject property. The dominate surrounding land use and zoning is agricultural, however, there are approximately 1850 residential units within a 2.5 mile radius of the site. STAFF POSITION: 1. As stated in the Comprehensive Plan, "Urban development shall be encouraged to fill in available land closest to service areas of the County so as to avoid "spot" development". Lower density development shall take place in areas having environmental sensitivity and in areas outside planned service." The Comprehensive Plat -further states, "Incompatible land uses should be separated from one another. Where they do abut,`appropriate physical or natural buffers will be established." The subject property is not within a service area of the County at the present time. The low density rezoning request reflects the land use objectives as stated above. Physical buffers to surrounding properties include a canal to the north and east and State Road 60 to the south. 2. Three general land use policies relating to Agriculture, in the Comprehensive Plan include: (a) "The County shall not permit encroachment by other land uses, of agricultural lands except where demon- strated that those lands are no longer viable for agricultural. purposes." (b) "The County shall permit urban development on agri- cultural fringe areas based on planned growth patterns as well as existing conditions in the immediate area of the proposed development." (c) "Prime agricultural land must be preserved wherever possible." I A large amount of the surrounding property is zoned and developed agriculturally. Residential development is moving west, from Vero Beach, toward the subject property. While the rezoning request is compatible with the planned growth patterns, it is important to realize the County is working with a 20 year plan. STAFF POSITION: (Continued) The land must be improved in order to be used for agriculture. These improvements also make'the land suitable for residential development'. This creates a°situation in which prime agricul- tural land is also prime development land. 3. The site is designated LD -2 (up to 6'units/acre) in'the Comprehensive Plan. The request of a rezoning to four units/acre falls within this maximum.density which was determined to be appropriate for the site and surrounding area. If 568 units (the maximum allowable at 4 units per acre) were developed on the site, a binding letter of interpretation from the State Land Planning Agency would be required. This would establish the scope of region wide impacts and a more detailed Development of Regional Impact Statement may be required. 4. Development of the site would occur only after site plan approval. This would include a review by the Technical Review Committee, the appropriate water management districts and by other State or local agencies if necessary. 5. Growth, mostly in the form of mobile home communities, is occurring to the west of the subject property. The densities in these mobile home communities are greater than 4 units/acre. 6. There are several general commercial establishments within approximately 2.5 miles of the site. Some of these facil- ities could be classified as neighborhood commercial businesses. Development of the site at 4 units/acre and the rapid growth in mobile home communities in the vicinity will create an added demand on the existing commercial establishments. An additional 3 acres of neighborhood commercial facilities to serve the present and future residents of the area will partially meet the demand. RECOMMENDATION: Staff recommends approval of the request to rezone the 142 acre parcel from Agriculture to R -2A, Multi -Family Residential (4 units/acre) and the 3 acre parcel from Agriculture to C-lA, Restricted Commercial so that a neighborhood commercial node may be established. Attorney Michael O'Haire appeared on behalf of the applicant, Sexton Groves, Inc. He reported that they have a conceptual plan of the project,•which is known as Citrus Creek. They are committed to this plan, which includes a golf course, and they have applied for rezoning and site plan appr6val simultaneously. Mr. O'Haire stressed that the proposed rezoning comes with the unanimous approval of both the Planning & Zoning Commission and the Planning staff. In in the acreage in agricultural use in the County.. Randy Sexton testified to the effect that the subject land cannot be used economically for agriculture. In regard to the affect on the aquifer, Mr. O'Haire explained that in citrus use with flood irrigation, water is drawn from the deep aquifer and returned to the shallow aquifer which brings chlorides from one to the other and, in fact, pollutes drinking water. In terms of quantity, consumption for agricultural flood irrigation is five time the consumption for urban domestic use. Commissioner Fletcher noted that Brian Combs, County Extension Agent, did some tests and stated that the property is good for agricultural use. Randy Sexton took the floor and informed the Board that this property is what is known as "heavy" land; it has an accumulation of nematodes and an accumulation of base metals (copper, zinc, manganese, etc.) resulting from 60 years of spraying. Mr. Sexton stated that he could show the Board many examples of replanted land where you do not get a thrifty grove because these metals do not dissipate in heavy marl, and the trees planted in this soil are stunted. He emphasized that his family are third generation citrus farmers in this county, and they obviously would be farming their own land if they felt it would be suitable; this land has lain fallow for 10 years. Planner Dennis Ragsdale commented that staff did not want to give the Board the impression that because urban uses less water than agricultural, the whole county should go to urban; however, in this 'instance the land is not prime agricultural; it is in an area which would be a prime development area; it has road access which would not be impaired from development; the water situation would be solved through county utilities in the future; and also IAY`.132 showed there has been a net increase over the last two years in the acreage in agricultural use in the County.. Randy Sexton testified to the effect that the subject land cannot be used economically for agriculture. In regard to the affect on the aquifer, Mr. O'Haire explained that in citrus use with flood irrigation, water is drawn from the deep aquifer and returned to the shallow aquifer which brings chlorides from one to the other and, in fact, pollutes drinking water. In terms of quantity, consumption for agricultural flood irrigation is five time the consumption for urban domestic use. Commissioner Fletcher noted that Brian Combs, County Extension Agent, did some tests and stated that the property is good for agricultural use. Randy Sexton took the floor and informed the Board that this property is what is known as "heavy" land; it has an accumulation of nematodes and an accumulation of base metals (copper, zinc, manganese, etc.) resulting from 60 years of spraying. Mr. Sexton stated that he could show the Board many examples of replanted land where you do not get a thrifty grove because these metals do not dissipate in heavy marl, and the trees planted in this soil are stunted. He emphasized that his family are third generation citrus farmers in this county, and they obviously would be farming their own land if they felt it would be suitable; this land has lain fallow for 10 years. Planner Dennis Ragsdale commented that staff did not want to give the Board the impression that because urban uses less water than agricultural, the whole county should go to urban; however, in this 'instance the land is not prime agricultural; it is in an area which would be a prime development area; it has road access which would not be impaired from development; the water situation would be solved through county utilities in the future; and also there is a great deal of residential development in the form of mobile home communities to the west of the site at much higher densities. Staff further believes there will be a need for the services provided by Commercial zoning and recommend approval of the commercial zoning also. Planning Manager Challacombe reviewed the type of uses permitted in the commercial, i.e., retail store areas, banks, restaurant, general offices, a grocery convenience store which does not have gas pumps. He believed staff is looking for a neighborhood type facility and would recommend against gas pumps. The Planning & Zoning Commission unanimously recommended both proposed rezonings. Commissioner Bird commended the proposed -plan for calling for buffering along Route 60. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously extended the meeting to 5:30 o'clock P.M. On Motion by Commissioner Lyons, seconded by commissioner Bird, the Board by a 4 to 1 vote, Commissioner Fletcher voting in opposition, adopted Ordinance 82-9 granting the rezoning to R -2A and C-lA requested by Sexton Groves. h MAY 1.9 1982 pw 125 �` Q 49' / MAY 191982 ORDINANCE NO. 82-9 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezwe the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River. County, Florida, to -wit: Parcel #1. Tracts 1, 2, 7 and 8 of Section 6, Township 33 South, Range 39 East, less and excepting the south 240 feet of the east 545 feet of Tract 8, less and except all existing rights-of-way for public roads, drainage canals and ditches. Be changed from A -Agricultural District to R-2 A, Multiple Family Dwelling District. And Parcel #2. The south 240 feet of the east 545 feet of Tract 8, Section 6, Township 33 South, Range 39 East, less and except all existing rights-of-way for public roads, drainage canals and ditches. Be changed from A -Agricultural District to C -1A, Restricted Commercial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect May 25, 1982. REQUEST FOR PUBLIC HEARING RE APPEAL OF WILLIAM BARTSCH'S SITE PLAN APPROVAL The Board reviewed the following memo: TO: The Honorable Board 'DATE: April 29, 1982 FILE: IRC -8I -SP - of County Commissioners . 159 #675 REQUEST FOR A PUBLIC HEARING REGARDING"THE APPEAL OF WILLIAM SUBJECT:-BARTSCH' S SITE PLAN APPROVAL FROM: David L. Greene REFERENCES: Assistant County Administrator On March 24, 1982, William Bartsch resubmitted a site plan to retain a 6' cypress.fence that had been placed around the sides and rear of the applicant's single-family residence. The application was reviewed and found to be complete -by the Planning Staff. At its regular meeting of April 8, 1982, the Planning and Zoning Commission denied -the request for "after -the -fact" site plan approval. On April 16, 1982, notice was recieved that William Bartsch appealed the decision of the Planning and Zoning Commission and requests a public hearing by the Board of County Com- missioners in relation thereto. _ RECOMMENDATION: The Board of County Commissioners grant the request and set Wednesday, June 16, 1982, for the hearing.. On Motion by Commissioner Bird, seconded by Commissioner'Lyons, the Board unanimously authorized a public hearing in regard to the above captioned appeal on Wednesday, June 16, 1982. DISCUSSION AND PRESENTATION RE TRANSPORTATION DISADVANTAGED Staff memo and recommendation is as follows: MAY 1 y °ISb 127 MAY 11 1982 _ TO: The Honorable Board of DATE: May 11, 1982 FILE: County Commissioners SUBJECT: TRANSPORTATION FOR THE DISADVANTAGED, INVENTORY, ANALYSIS AND ALTERNATIVES, FROM: David L. Greene REFERENCES: Assistant County Administrator DESCRIPTION AND CONDITIONS: At the September 30, 1981, County Commission meeting, the Board authorized a Joint Participation Agreement with Florida Department of Transpor-Cation (FDOT) to provide Transportation for the Disadvantaged under the provisions of Chapter 427. At that meeting, Kimley--Horn and Associates, Inc. was retained to develop that study. Kimley-Horn and Associates, Inc. has sent the attached draft of the preliminary section of the study. It includes: 1. An inventory of existing services. 2. An analysis of those services. 3. A group of alternative actions. Chapter 41-1 (Appendix A) of the Florida Statutes requires each County to designate a Coordinated Community Transporta- tion Provider to serve the transportation needs of the trans- portation disadvantaged and to reduce the fragmentation and duplication among all State -funded and Federally -funded programs that provide services to transportation disadvantaged individuals. Rule 41 clarifies this requirement by adding that the Provider, in addition to setting policy and providng coordination, may also act as a dispatcher, broker, operator or in a combination of those functions. The Provider may also enter into a contract with public or private entities to provide these services. Rule 41 further states that the Local Planning Organization (Indian River County) has to prepare a Coordinated Transportation Development Plan for the County and designate the Coordinated Community Transporta- tion Provider (Provider). ALTERNATIVES AND ANALYSIS: The Preliminary Inventory, Analysis and Alternatives indicates that existing agency transportation services meet the basic needs of those served, however,.there•are additional.'persons who need transportation services. As 'the County continues to grow the demand for those services will expand. The preliminary findings of the study present three organiza- tional alternatives and two service alternatives (pages 17-21). The organizational alternatives for Indian River County are: (1) County staff (or department) designated as Coordinated Community Transportation Provider. (2) Private, non-profit agency or public human service agency designated as Coordinated Community Transporta- tionProvider. (3) Private, for-profit operator designated.as Coordinated Community Transportation Provider. The service alternatives are: (1) Combine as many of the agency's demand -responsive services as practical, primarily using existing vehicles. - (2) Expand existing demand -responsive services and add five vans. RECOMMENDATIONS: Staff concurs with the Kimley-Horn recommendation that: (1) An agency be designated as the Transportation Provider. (2) The existing transportation services be coordinated until additional funding sources are provided. Staff recommends the Board of County Commissioners direct Kimley- Horn to complete the Transportation for the Disadvantaged Study based on the recommended alternatives. Planner Janis Johnson informed the Board that what is desired today is for the Board to give a recommendation to Mr. Pollock of Kimley-Horn and Associates so that he can complete the study his firm is doing re setting up Transportation Disadvantaged. Planner Johnson then presented Miss Cochran of the DOT. Miss Cochran reviewed the law passed by the State Legislature requiring that all agencies receiving money for transportation activities coordinate their services on a countywide basis under a program called Transportation Disadvantaged. This program is intendedafor those who are unable to transport themselves or purchase transportation, i.e, the elderly, handicapped, and low income and is aimed at eliminating duplication of services among the various agencies. Miss Cochran continued that the Board retained Kimley-Horn to do the initial 5 -year plan which needs to be updated annually, and today they are asking for the Board's comments on the material submitted so far, and specifically would like direction in regard to expanding services beyond those now provided by existing agencies. MAY 1 9 1982 129 � � 91 before the Board and reviewed how they have assembled information from the various agencies that provide transportation in the county as to the resources that exist 4 here today; how they are used; how much is expended in operating the vehicles involved,etc. He informed the Board that they have determined that approximately 38% of the total population of the county, or about 23,000 people, could be classified as qualified for Transportation Disadvantaged per the definition set out by the state - Legislature. Commissioner Fletcher commented that the 38% figure also includes anyone over the age of 60. Commissioner Lyons wished to know how that figure compares with other counties, and Mr. Pollock stated that it is comparable to other counties in Florida. He then discussed identification of transportation resources, noting that in a survey of the various agencies, it was learned there currently are 27 vehicles providing agency type transportation - vans, buses, etc., and about $300,000 a year is expended by these agencies in providing this transportation service. Mr. Pollock continued that although the current resources here meet the basic needs of those they transport, there is also a segment of the population that is not currently being served, and they have identified that the current need for transportation could be increased at least 50%. There is additional need, and this is a high growth county. Mr. Pollock next discussed policy and administrative structure and the three alternatives for designating a Provider to coordinate the plan when it is developed: 1) Designation of the County itself as Provider and use of County staff. 2) Designation of a private non-profit agency as the Provider 3) Designation of a private, for profit operator as the Provider. Mr. Pollock continued to review the advantages and disadvantages of each alternative and did not see a place for this in the County administrative structure at present. He felt probably the biggest hurdle in putting this program together is the initial cost to get it set up and going and estimated it would cost about $30,000 the first year to get the coordination personnel identified, as well as bookkeeping staff, etc. Commissioner Lyons questioned the likelihood of generating any savings by setting up a program which requires an initial expenditure of $30,000 and noted that this is another case where the State mandated but did not appropriate funds. He inquired about the possibility of a volunteer organization acting as a clearinghouse to coordinate this activity. Mr. Pollock stated that one component of the plan could be a clearing house, but not necessarily on a volunteer basis. He noted that this program will not eliminate volunteer transportation. Commissioner Lyons wished to know if a volunteer group would meet the requirements of the law. Miss Cochran pointed out there are other functions that need to be done other than just referring clients. The Provider agency would have to do some sort of record keeping. It is a monitoring activity and more than just referral.' Commissioner Fletcher commented that Mr. DeGenero and his "Neighbors Helping Neighbors" Program is totally volunteers and wished to know what impact this program is having. MAY- 19 1982 c� 131 @�QK .49 ?d�'�tl program but believed that the volunteer work in providing transportation should,continue. Mr. Pollock again referred to the organizational structure and their recommendation re 4. designating a public agency as Provider since they are currently into the transportation business and the county is not. He emphasized that this decision is not one that has to be made today, but what he would like some direction on is the actual operation of transportation services in the county and whether they should be expanded. Mr. Pollock realized the County budget is like other counties in these times and suggested that for the first year or two it just be planned to coordinate existing services and then increase those services in the 3rd or 4th year. That, of course, would represent some increased costs, but he would have to assume there would be some funding sources at that time. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously agreed to.extend the meeting 15 minutes to 5:45 o'clock P.M. Commissioner Lyons had problems with being sure that we need to meet these transportation needs in the first place; he was concerned about the identification of the people qualifying for these services and had great difficulty in talking about any expansion of services until we know what we are talking about today. Commissioner Fletcher stated that he was ready to make a Motion to go along with Alternative #3 which would let the private, for profit sector be the Provider and direct Kimley-Horn to finish its study. Miss Cochran stressed that it not necessary to designate the Provider today, but it is important to determine whether the Board desires to look into a provision for additional services in the 3rd and 4th year. 4 Commissioner Wodtke did not feel the Board can commit funds 3 or 4 years down the road. He recommended continuing the plan based on the services now being provided, and if there should be additional funds available in the third year, any expansion could be considered during the yearly budget sessions. Commissioner Wodtke also had a problem believing we need to provide transportation for 38% of the county residents. He wished to know if the county were to be the Provider, whether it would receive all the funds and all the vehicles. Miss Cochran stated that while the County could be the coordinator, the funding would stay with the agencies. Discussion continued about the $30,000 estimated as the cost to start up this program, and Commissioner Bird asked if we are mandated to spend those funds immediately. Miss Cochran stated that the County is not mandated to perform this coordination, but they could elect to have an existing staff person take over these duties and absorb this into the existing county structure. If it were necessary to hire someone else, it would be an additional cost. Miss Cochran noted that there is no way for the County to recoup the initial cost while an agency might be able to. Commissioner Bird inquired whether we would have to subsidize for a year or so any agency that we named Provider, and Miss Cochran believed that the agency probably would be able to handle it with existing staff and that would not be necessary. Motion was made by Commissioner Bird, seconded by Commissioner Lyons, to direct the consultants to proceed with the 11ransportation Disadvantaged Study based on the present level of transportation provided by the various agencies and the idea that any additional transportation in three or four years will be based on the availability of state or federal funds. MAY 19 1982 .79 133 OVA _49 MAY 19 498 Attorney Brandenburg inquired what penalties might ensue if the County should elect not to participate in this program at all. Miss Cochran pointed out that Florida State law 4. specifically states that unless these funds are identified in the Transportation Improvement Program, no such funds can be expended in this County; this is what could happen, but she could not say for sure that it would. Chairman Scurlock commented that he would like to take the position that Tallahassee should leave us alone and let f us handle our own problems, and Miss Cochran noted that when the Board previously emphasized the need for funds, the State did identify funds to pay for the study. Commissioner Bird inquired about the next step, and Mr. Pollock explained they would detail on a step by step basis what will occur for the next five years. He realized that everything is not totally clear today and stated that he can word the report to allow some latitude to make decisions; there is a year by year evaluation of the plan. The Chairman called for the question. It was voted on and carried unanimously. Commissioner Fletcher inquired about the persons present in the audience, and it was noted that members of the Council on Aging were present. Commissioner Lyons felt they attended to make sure that they were not being saddled with responsibilities on this without any funding. Commissioner Lyons requested that the consultant be asked to seek a method of coordination that would take a smaller percentage of the transportation funds than the $30,000 estimated to initiate this program. Discussion followed on -the need to obtain recommendations from all the various agencies collectively, and Commissioner Bird noted that the Council on Community Affairs is made up of a group of representatives from the various county agencies. Chairman Scurlock requested that Commissioner Bird be responsible for working with any such group. Mr. Pollock felt the suggestion that there be some sort of advisory council was a very good idea and it could be made a part of the plan. REQUEST FROM PARKS & RECREATION COMMITTEE FOR APPROVAL OF EXPENDITURE FOR LIFEGUARDS, ETC. Commissioner Bird reviewed the following memo from Parks Supervisor Bill Cook: ..�: %a ...::l ti.:_6ti._R D13 s. BIRD aIRM C(,. J= SUPERVISOR DATE: MY 1, 1982 - FILE: SUBJECT: Comv. =mjAaD REFERENCEPS: -.ie quality and protection abili cy of the Courix * s Lif egg; a ra: _'v am iii years past and at present, can at best be described as leas '-an ader�uate. - level of expertise, Vnic:. possible d be �::stifyed cy lack of usage of . County beac-^:es, car- no lo,iger be tcleratad.. u=ar iisaoe of Kiwanis—J- obai t has ire:asdQ d_zamatica_- _' j to la ger enrollment, in the Vere 3eaC1:1 Lay ;a a] use cf F= byte north County Summar Lay Ca -%-.D Program, dgait: :,y ��i✓ .: c�:i�d care cerzers and cnt:rvL gro l)s and as the -Dark Y_ -as :;eco:. Ga zdr known, by families ar-d 1:ld:�viduals :as well. abasso Beach -ark usage has 1:=C: ea3:.i� a Ce 'he _. a f ew thousand :u to over one lunar ad ye6';:. taLrisrs u�ilize this fine:.cili ;,-,r as well as s;;�:.�cer to.. z�_�;: '�::SiGv'T'iv$y TieC@5: iic:�l�`; }T•�F?1^ �•O:1T1G 1:.�'�,�waro ��i'C�c: `�iG�^_„ MAY 19 1982 7. 135 r PAU MAY i two seven -,y foo-,; r -.;,,,,-ht of way ,eac:. acae6s points are i..V..l rl. ._�✓la VO � jO on .�1_l�i yYiVa�i�� li r - ex-. eAV V VVVV l d:ir once r r -.'.-.ef ; n� S�a4- c: _ :� e c t a -.ion of "�•a=. is recei ve.•,,, .zac i o � �.1 + � .0 w,3-, be completed ',.8 worths late;^. I n c I sug-e s. -irk at this crWe -:1at a,: try to ac; c pl�sr. -A- once , but rat:.er to w^eco __z t tr:z s tui t_ -7,z _.lid and to take r .e first of a nun-I'er cf ste_ STEP I. A. Hire an interim Lifeguard Captain to oversee the present temporary Lifeguards during this upcoming summer season, and to - guard Wabasso Beach between September 7th and 30th. B. Provide the Lifeguard Captain with a loaned vehicle..and Road and Bridge Mobil Unit Radio and the Wabasso Beach and Ki.wanis- Hobart Towers with hand held radios. The vehicle to be used to post and relieve yards and to.respond to emergency situations. The radios to keep the captain in touch with the guards at all times. -- STEP II. A. Establish the position of Lifeguard Captain (salaried position) in the 1982-83 fiscal year budget, as well as a year round part time lifeguard (hourly) position to relieve the Lifeguard Captain on his days off. B. Provide a standard )i ton pickup truck with Road and.Bridge and Sheriff's radios. C. 'Winterize the Wabasso Beach Lifeguard Tower. STEP III. A. Lifeguard Captain to survey needs and establish a professional lifeguard program. B. Lifeguard Captain and the part time guard to protect the Wabasso Park beach during the fall, winter and spring seasons. C. Lifeguard Captain to establish and train a volunteer Lifesaving Corps to assist the professional guards on busy weekends and holidays. Future employees on the paid County Lifeguard Staff to be selected from the Volunteer CorUs. Cost for STEP I for the period Nay 29th through September 30, 1982 would be X6467.20 operating budget and 1.'1200 capital improvements, for a total of ;7667.20. This includes salaries, fringe benefits, gasoline, _ and ; ;::, hand held radios. May I ask your support and your subWission to the Recreation and Parks Committee for consideration? 136 r Commissioner Bird noted that we would be spending a total of about $16,000 to provide protection at Kiwanis Hobart Park and Wabasso Beach Park, and they have about $8,000 in the Budget. They would like to take the $7,667 out of contingency. In discussion, it was agreed that we have been living dangerously and it is time to hire backup personnel to provide some relief. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously approved an expenditure of $7,667.20 as recommended in Step I of Mr. Cook's memo of May 1, 1982, and as set out in the following budget amendment: Account Title B.C.C. Contingencies Salaries Other Operating Supplies Fuel and Lubricants Comm. Equip Account'No. 601-199-513-99.91 001-210-572-11.12 001-210-572-35.29 001-210-572-35.21 001-210-57266.45, Increase Decrease 5,668 300 500 1,200 7,668 Chairman Scurlock noted that we are expanding services to the unincorporated area and will have to consider this in the budget re recreation with the.City of Vero Beach. LEASE AGREEMENT W/SCHOOL BOARD FOR SPACE FOR SHERIFF The following lease agreement re space in the old School Administration Building for the Sheriff's Department is hereby made a part of the Minutes as approved at the meeting of May 5, 1982. MAI '191982 BOOK 49 PACE' LEASE AGREEMENT THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a corporate body existing under the laws of Florida, hereinafter called the "Landlord" and INDIAN.RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the "Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree on this 5 t day of May ,1982, as follows: W I T N E S S E T H: 1. PROPERTY AND TERM: The Landlord hereby leases to the Tenant the real property and building situated thereon, formally a part of the Landlord's administrative offices, located in the County of 41 Indian River, Florida, more particularly described as follows: See legal description attached hereto and made a part hereof as Exhibit "A" for a term of three (3) years commencing on the first day of June 1_ , 1982 and terminating on the last day of May 31, , 1985 for a total rental of $52,000.00 payable monthly in advance on -the first day of each month during the term of the Lease at the rate of $1,458.33 per month, plus sales tax if applicable. 2. OPTION TO RENEW: The parties shall have the option to renew this Lease on a year to year basis and on such terms and conditions as the parties may hereafter agree. In any event, Tenant shall have the right to renew this Lease for one (1) year at a rental rate to be agreed upon by the parties, not to exceed more than thirty (30%) percent more than the base rate, otherwise subject to the same terms and conditions of this Lease. 3. USE OF PREMISES: During the term of this Lease the Tenant shall use the leased premises for Tenant's public purposes._ 4. Tenant agrees that the premises is being leased "as is" and that Landlord makes no warranty or guaranty of the condition of the premises or any of the improvements, including but not limited to roof, electric, plumbing or air conditioning or heating systems. Tenant has examined the premises and has determined that the premises are LAW OFFICES OF COLLINS, BROWN. CALDWE:'. _ C_ ' c -Fr P. O. BOX 3686 - 744 BEACHLAND BOULEVARD - VERO BEACH, FLORIDA 32960 PHONt 231-4343 P. O. BOX 266 - 221 NORTH U. S. NO. 1 - SEBASTIAN. FLORIDA 32958 MNE 589-3156 - suitable for tenant's purposes. 5. COMPLIANCE OF LAW: Tenant shall comply with all of the laws, rules, ordinances and regulations of the City, County, State and Federal government and agencies regarding the use of the leased premises. 6. MAINTENANCE AND REPAIRS: The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the terms of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted. 7. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease, provided that if removal results in damage to any part.of the leased premises, the Tenant shall repair same. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease. 8. PUBLIC UTILITIES: The Tenant will pay, within time allowed for payment without penalties, all charges for water and electricity and all other public utilities consumed on the premises during the term of this Lease. 9. HOLD HARMLESS: The Tenant agrees to hold harmless and indenmify Landlord from all liability which may arise from the Tenant's use of the leased property. 10. INSURANCE: The Tenant shall carry the following insurance MAS 19 1982 MAY'l 9 1982 c802 coverage and shall furnish the Landlord a certificate of said coverage: The tenants shall carry a Comprehensive General Liability insurance with a combined single limit of $1,000,000 per occurrence and an All Risk Property insurance covering the building at replacement cost with no coinsurance penalty and with an Agreed Amount Endorsement to the policy. The Landlord shall be named an additional insured on their insurance. 11. DAMAGE OR DESTRUCTION OF LEASED PREMISES: If the premises is damaged or destroyed by any cause which is covered by said insurance, the proceeds of said coverage shall be used to repair or restore the building for use under the terms of this agreement, unless otherwise agreed to by the parties. If the insurance proceeds are insufficient to completely restore the premises, (of if substantial damage is caused by an event not covered under the insurance policy), the Landlord shall have the right to elect to terminate the Lease or repair and/or rebuild the premises at the Landlord's sole expense. If the Landlord elects to terminate the Lease, this Lease shall be deemed to have been terminated on the date of damage or destruction. Thereafter, neither party shall have any obligation under this Lease and the same shall become null and void. 12. RIGHT TO INSPECT: The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. , 13. ASSIGNMENT OR SUBLEASE: Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord withheld for any reason. 14. BREACH OF COVENANTS: In the event the Landlord believes the Tenant is in violation of any of the terms contained in this Lease, the Landlord agrees to notify Tenant, in writing, of said breach and grant Tenant thirty (30) days in which to remedy the violation. •- t 15. NOTICE: Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall j be deemed served when hand delivered, or when actually received via the U.S. Mail, postage paid, return receipt requested, addressed to Tenant as follows: Board of County Comm., 1840 25th Street, Vero Beach. Fla. 32960 Such notice to Landlord shall be addressed as follows: Supt., Indian River Co. School Board, 1990 25th St., Vero Beach, FL. 329 These addresses may be changed by either party notifying the other of a changed address. IN WITNESS WHEREOF, we the Landlord and Tenant, have hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the first day and year above written. Signed, sealed and delivered MAY 19 1982 INDIAN RIVER COUNTY SCHOOL BOARD Lan BY: ATT INDIAN RIVER COUNTY Tenant BY: ev— ATTEST: _ �� �a...�t€. '-�:`sx+4-.�..`� c3 _ 7.� ^i. � � �.r: 'mss? :ems ... � �Y f.. ...a . _.`t�.�_ _ .�.-�.a a.a - -��r ..a..�-� �.'��.a._'L:. � - ?etix�..4wa_,•" . -��F .._. _A_.-. a ia�.iCL::�.s �,-.�tSa .�1•�..:.,�'.._ . _.. - 4 EXHIBIT "A" LOTS 19, 20, 21 AND 22, BLOCK 9, EDGEWOOD ADDITION TO VERO BEACH, AS RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA EM E� FmHA LETTER OF INTENT AND TRANSFER OF FUNDS FOR PUCHASE OF IXORA AND TREASURE COAST UTILITIES. The operating budget concerning the purchase of Ixora and Treasure Coast Utilities is hereby made a part of the record as approved at the regular meeting of April 21, 1982. USDA-FmHA Position 3 Form FmHA 442-7 (Rev. 8-12-76) OPERATING BUDGET Schedule 1 Name Indian River Board of County Commissioners Address 1840 25th Street, Vero Beach Applicant Fiscal Year From 10-1 To 9-30 County Indian River State (Including ZIP Code) Florida 32960 OPERATING INCOME 1. Water 2.- Sewer 3. 4. 5. Miscellaneous 6. Less: Allowances Deductions and 7. Total Operating Income (Add Lines 1 through 6) OPERATING EXPENSES 8, 0 & M 19 83 19 84 19 19 First Full Year (1) 83°052 (2) 833:?52 (3) (4) . (5) 833052 3J2196 302196 302196 ( ) ( ) ( ) ( ) ( ) 1135248 1135248 1135248 391000 420000 Arzonnp 9. Estimated 10.Viseft , 11.—F.xnpnaa 12. 13. 14. 15. Interest (FmHA) 16. Depreciation 17. Total Operating Expense (Add Lines 8 through 16) . 18. NET OPERATING INCOME (LOSS) (Line 7 less 17) NONOPERATING INCOME 19. 20. 21. Total Nonoperating Inebme (Add 19 and 20) 22. NET INCOME (LOSS) (Add Lines 18 and 21) (transfer to line A Schedule 1 118680 118680 428785 428785 428785 938465 967465 997465 IQ67AI 1 137783 196783 167783 137783 * $5,8251,000 — 'Nater: Bt 2,017,100,.1"�'Tater vCd as to 10 in 733 600— 5��)r0 t��Iti Cn ttest:� $8,575 700 , ancte�J •� G M. tiran�ent uf9 _ 5 get and Projected Cash Flow Approved by Governing Body .0 DS retary Dat 4L t Appropr' Ojf7ci: ^ BOA 9 MAY ,19 199-2 — b5� 143 MAY 19 1882 PROJECTED CASH FLOW Schedule 2 A. Line 22 from Schedule Income (loss) Add B. Items in Operations not Requiring Cash: 1. Depreciation (line 16 Schedule 1) 2. Others: C. Cash Provided From: 1. Proceeds from FmHA lean/grant 2. Proceeds from others 9 3. Increase (Decrease) in Accounts Payable, Accruals and other Current Liabilities 4. Decrease (Increase) in Accounts Receivable, Inventories and Other Current Assets (Exclude Cashl 5. Other: 6. D. Total all A, B and C Items _.... E. Less: Cash Expended for: All Construction, Equipment and New Capital Items (loan and Grant funds) 2. Replacement and Additions to Existing Property, Plant and Equipment 3. Principal Payment FmI-IA Loan 4. Principal Payment Other Loans 5. Other: 6. Total E 1 through 5 Add F. Beginning Cash Balances G. Ending Cash Balances (Total of D Minus E 6 Plus F) Item G Cash Balances Composed of.- f:Construction Account Construction Revenue Account Debt Payment Account O&M Account Reserve Account * Funded Depreciation Account Others: Total - Agrees with Item G 19 83 19 84 19 19 First Full Yeas( 196783 167783 137.78 2017100 . 2213883 167783 137783 2017100 - v Y 7966IRI nip X X 50846 7 Q h h K —� x $ 19 6 7 8 3 $21 6 2 9 $3.__ $ $ $ $ $ 145937 116937 7269 50846 101692 50846 $ 196783 $218629 $ $ $ 58115 * $5,825,000 2,017,000 733,600 $8,575,700 85 3 There being no further business, on Motion made, seconded and carried, the Board adjourned at 6:00 o'clock P.M. Attest: Clerk Chairman pp 145 Box ��&E f`