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HomeMy WebLinkAbout7/14/1982Wednesday, July 14, 1982 The Board of County Commissioners of Indian River' County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, July 14, 1982, at 8:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Dick Bird; and Patrick B. Lyons. Absent was William C. Wodtke, Jr., who was out of state. Also present were C. B. Hardin, Acting County Administrator; L. S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director, and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO AGENDA The Chairman asked if there were any additions to the Agenda. Attorney Brandenburg requested that the matter of Bond Counsel Judson Freeman's fee letter, which was inadvertently overlooked at the last meeting be added to today's agenda. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously agreed to add the emergency item to the agenda as requested by Attorney Brandenburg. Commissioner Lyons reported that he had gotten a late request from the Vero Beach Library to put its grant contract on the agenda. This has been approved by their J U L 14 1982 590K 50 FAU 410 JUL 141980 BOOK 50 FADE 411 . L Advisory Committee, but missed the agenda date. It is their usual annual request for grant.funds. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously agreed to add the emergency item to the agenda as requested by Commissioner Lyons. Attorney Brandenburg noted that the Finance Director wanted direction re selection of an auditor and he did not see this on today's agenda. He further requested that con- sideration of right-of-way acquisition for R. D. Carter Road be included on today's agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unani- mously added to the agenda the emergency items re auditor selection and right-of-way acquisition as requested by the Attorney. APPOINTMENT OF COUNTY ADMINISTRATOR Dr. Hardin reported that after the position of County Administrator had been turned down by first choice Rick Fitzgerald, he contacted Michael Wright, who immediately I accepted our offer of an annual salary of $42,000 with a vehicle allowance of $140 per month from now to October and $200 per month after october. Mr. Wright wasn't too adamant about a letter of intent, but Dr. Hardin felt it would be wise to submit one to him so that we will have a clear understanding that there will not be any severance pay other than the normal severance pay, which is 30 days' salary. Dr. Hardin informed the Board that Mr. Wright can be here not later than the 13th of August and probably sooner. As to the retirement question, which arose previously, this is 2 not a problem with Mr. Wright since he has been on a State program the same as ours. He also will be allowed a normal reasonable moving allowance. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, to approve the appointment of Michael Wright as County Administrator subject to terms as outlined by Dr. Hardin, Acting Administrator. Commissioner Fletcher stated that although he has had his doubts about those seeking the position of Administrator, he will vote for Mr. Wright because he believes the position needs to be filled. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. CHANGE ORDER #2 PEBBLE BAY SEWAGE SYSTEM The Board reviewed staff memo and attachment as follows: 3 JUL 14 1982 5aoK J U L 14 1982 wK 50 PAvE X10 TO: David Greene, Assistant Administrator FROM: George Liner, Utilities Manager [SATE: June 1, 1982 F1 LE: SUBJECT; Pebble Bay Sewage System Construction REFERENCES: �NG` hal in Having received the attached letter from Guy Wills regarding Pebble Bay Chanqe Order #2, I talked with Hillman Goff. He confirmed the statement in the attached letter. There is a problem to test and maintain the lift - station without the proposed valve. Inasmuch as the Board of County Commissioners are anxious to have Vero Beach accept the system, I believe turning down the change order is not to the commission's best interest. Therefore, please return this change for reconsideration by the board at the earliest possible time to avoid further -'delay. Please note that if force main pipeline work is completed before the valve is installed, I expect that the cost will be much more than the $700.00 cost as proposed. May 24, 1982 Mr. George Liner, Director Utilities Department Indian River County P.O. Box 1750 Vero Beach, FL 32960 Subject; Pebble Bay Sewerage Area Wastewater System Improvements Engineer's Project No. 6765 Dear George, Sverdrup & Parcel and Associates, Inc. 3665 20th Streei Suite 4 Vero Beach. Florida 32960 305:562.2082 Engineers Architects Planners As a result of the Board of County Commissioners' actions at their meeting of May 19, 1982, approval of Change Order No.2 was not approved. This Change Order requested the installation of an 8" plug valve Dear the -tie- in of the proposed 8" forcemain to the existing 10" forcemain. The Com- mission apparently felt that the cost for the installation of the valve should be borne by the City of Vero Beach. Our office in turn contacted the City of Vero Beach, through Hillman Goff, to notify him of the County's decision. He was to say the least pretty upset about it. He stated emphatically that the City of Vero Beach would not pay for the installation of the 8" valve and furthermore, the system would not be acceptable to the City unless the valve was installed. He feels that the City has bent over backwards for the County already, consi- dering the City agreed to use submersible sewage pumps in the Pebble Bay Pumping stations not specified by the City. 4 At this point in time, it may be advisable for the County to sit down and talk it over with the City of Vero Beach. If our office can be of any further assistance, please call. Very.truly yours, SVE`RDRUP & PARCEL AND ASSOCIATES, Inc. G - Guy J. Wills ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved Change Order #2 to be charged to the construction account. Contract No. Date Apri 1 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 & specification', Item Description of Changes — Quantities, Units, Unit Prices, Decrease in Increase in _ No. Change in Completion Schedule, Etc. Contract Price Contract Pric: (1) (2) 3 (4) 1. Contractor shall add an 8" resilient seat gate valve and box at the location shown on the attached sketch. 700.00 � 1� tQirz 100 r , gn.1 Change in contract price due to this Change Order: 700.00 $ xxxxxxxxxxx Total Decrease xxxxxxxxxxx $ 700.00 _ Total Increase Difference between Col. (3) and (4): $ S 700.00 Net (increase) MUM) M) contract price $ $ 700.00 The sum of $ 700.00 is hereby added to, 7C%M3'4tfdXXi�_d' W the total contract price, an the total adjusted contr2ct price to date thereby is S 115,158.35 The time provided for completion in the contract is unchanged, by -0- calendar days. This document shall become an amendment to the contract and all provisions of th contract will apply hereto. Accepted by: DContractor 0 Date Recommended by://4Fw�l� �/9 �8 Engineer Date Requested by: Date Owncr NOTE: Work performed under this change order prior to Owner's concurrence is at the Contractor risk. 5 J U L 14 1982 BOOK 50 Pay X14 J U L 141982 6.00K MID -FLORIDA UTILITY TIE-IN - EASEMENT ACQUISITION 50 mr-415 I Assistant County Attorney.Chris Paull reviewed the following memo with the Board: TO: Chairman and Members DATE: June 25, 1982 FILE: of the Board of County Commissioners SUBJECT: Mid -Florida Utility Tie -in -- Easement Acquisition FROM: Christor J. Paull REFERENCES: Assista�t County Attorney As'part of the South County Water Distribution System, the Mid -Florida System must be tied into the Vero Mall Distribution System. (See attached letter from Guy Wills to David Greene dated 5/7/82.) The County, therefore, must acquire a series of utility easements which extend across three different parcels in order to make the tie-in. In exchange for one of these easements, the owner of the servient parcel, Mr. Floyd Grimm, has requested that the County convey a small parcel of property (.12 acres) located at the corner of the old Mid -Florida site. This property has not been used for the utility operation and in fact was "fenced out" of the site and is overgrown with brush at this time. Mr. Grimm intends to use the .12 acres for parking or drainage retention in conjunction with his abutting property, and will accept the parcel subject to the County's reservation of a blanket easement for future utility pur- poses, not inconsistent with Mr. Grimm's intended use. If the Board elects to make this exchange, Florida Statutes §125.37 requires that published notice of the exchange, containing the terms thereof, be made once a week for at least two weeks prior to the adoption of the resolution authorizing the exchange. Requested Action It is requested by this office that the Board consider Mr. Grimm's request, and if acceptable, give conceptual approval to the terms of exchange and authorize the County Attorney's office to prepare and publish the required resolution, to be adopted at the first available Board meeting following proper publication. Attorney Paull informed the Board that the piece of property desired by Mr. Grimm was appraised in-house at $6,800. This property is overgrown and not in use. Based upon the County's need to acquire the easement and the absence of any use for the property at this time, it is 6 recommended that we make the exchange. Mr. Paull noted that we will still have use of this property for utility purposes if it is needed. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board by a 3 to 1 vote, Commissioner Fletcher voting in opposition, gave conceptual approval to the terms of exchange for the acquisition of the easement from Mr. Grimm as recommended by the Attorney and authorized the Attorney's office to prepare and publish the required resolution. AUTHORITY TO FILE SUIT ON DELINQUENT LA14DFILL ACCOUNT Assistant County Attorney Paull discussed the following memo: TO: Chairman and Members DATE: June 22, 1982 FILE: of the Board of County Commissioners SUBJECT: Request for Authority to File Suit against Foote Brothers, Inc. on Landfill Account FROM: Christopher J. Paull REFERENCES: Assistant County Attorney The County Attorney's Office hereby requests authority to file a civil action in County Court to recover certain past due landfill tipping fees owed to the County by Foote Brothers, Inc.,.a Cape Coral, Florida corporation. Foote Brothers cleared property as a subcontractor to Taddie & Co., the general contractor on the City of Vero Beach's Airport West Industrial site job. During the month of January, 1982, Foote Brothers charged on its account at the Landfill the sum of $2,943.33, none of which has been paid to date despite repeated requests. The County has a $500.00 deposit in hand, and will therefore be claiming damages in the amount of $2,443.33, plus costs of litigation. Requested Action Motion to authorize County Attorney to 'institute and pursue appro- priate legal proceedings to recover all damages incurred as a result of unpaid Foote Brothers' Landfill account. Resp ull submitted, 7 JUL 14 1982 � � K DAM � 50 fhur,417; JUL 14 1982 L MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to author- ize the Attorney to institute proceedings to recover damages on Foote Brothers, Inc., - landfill account. Chairman Scurlock inquired if we are considering any action to tighten up on our policy re credit accounts at the Landfill. Dr. Hardin reported that this matter will be on the agenda for July 21st. Attorney Paull noted that Foote Brothers apparently has not paid other bills around the County also and there is a rumor that they are going bankrupt. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. APPROVAL OF APPLICATION #17 - REINHOLD CONSTRUCTION Attorney Brandenburg informed the Board that our construction litigation counsel, John Young, has reviewed Reinhold's application for payment as set out in the following letter, and he concurs with Mr. Young's recommen- dation: 8 LAW OFFICES HAMILTON, JADIES, MERRLE AND YOUNG SUITE 101 LAW BUILDING 31S THIRD STREET EDGAR G. HAMILTON WEST PALM BEACH, FLORIDA 33401 SUITE 500 FIRST BANK BUILDING DANIEL H. JAMES WEST PALM BEACH 1305) 659-4000 551 SOUTHEAST 8L STREET WILLIAM R. MERKLE DELRAY BEACH,.FLORIDA 33444 JOHN R. YOUNG DEERFIELD BEACH (305) 427-5343 DELRAY BEACH 13051 272-2526 RICHARD J. BARRON BOYNTON BEACH (305) 732-2626 LAWRENCE U. L. CHANDLER OEERFIELO BEACH (3051 427-6900 STEPHEN G. MELCER June 1_4, 1982 STUART E. GOLDENSERG CH RISTtNE M. HORN PLEASE REPLY TO: MICHAEL K. SULLIVAN POST OFFICE BOX 3246 J. REEVE BRIGHT WEST PALM BEACH 33402 Mr. Gary M. Brandenbur4 County Attorney, Indian River County County Administration Building 1840 25th,Street Vero Beach, Florida 32960 Re: Application of Reinhold Construction Company No. 17 for payment on the Indian River County Courthouse Building. Dear Gary: I have been asked to render an opinion with respect to whether the County ought to pay Requisition No. 1.7 for the Indian River County Courthouse Building addition that has been submitted by Reinhold Construction Company. For the rea.son G set out,- it if: my opinion that the Countyc1-a ht to go and authorize payment of this requisi t -L -c n ski'hrj E:nt , .: conditions to ensure that payment of that requ_+.s•bion will not act as a waiver of any position the County may hereinafter take against Reinhold Construction in connection with work done on the project. By its letter of April 14, 1982, the architect has certified the requisition for payment, subject to the receipt of releases of lien covering the following subcontractors, to - wit: 1. Southern Landscape Company 2. Brunhof Structures 3. Commercial Supply Company As the architect's letter reflects, prior to payment of the requisition in question, we would have to ensure that releases of lien have been in fact obtained from each of these companies, and that an affidavit is in hand from Reinhold Construction _ Company, stating that all payroll, bills from material and equipment, and other indebtedness connected with the work for which the County or the property might be responsible have in fact been paid in full. I have reviewed the requisition in question and the change orders that are referenced therein, and it would appear that nothing requested at this point in time bears upon the amounts that were expended in connection with the painting work and . the firewall work that is now the subject matter of the pending lawsuit. To be absolutely certain that we are not.jeopardizing any position that we might take with respect to pending litiga- tion, however, I would require that a condition precedent -to pay- ment of the requisition be delivery from the contractor of'an affidavit asserting that nothing contained in the pending 9�qp J U L 714 1982 agok o- PACE 418 J U L 14 1982 requisition for payment of the pending lawsuit. their counsel of record requisition would not in of any rights which we m litigation. I would exp they are acceptable to m and his counsel in the e tion and elects to pay t .800A . 50 FnE 419 embraces work that is the subject matter I would likewise require a letter from to the effect that payment of this any fashion act as a waiver or release ight have in connection with the pending ect to draft those documents so that - e and have them signed by the contractor vent the County approves this recdmmenda- he pending requisition. In addition to the foregoing, as a condition precedent to':payment of any such requisition, I would require an appropriate letter, which I would draft, be executed by counsel for Reinhold Construc- tion Company, acknowledging that payment of this requisition did not in any fashion act as a waiver, release,,or relinquishment of any right which the County presently has with respect to R4inhold Construction Company concerning the performance of any changed work, any credits that might be due to the owner in connection with work deleted from the base contract, the issues presently pending in the litigation, and any and all other claims which the County might hereinafter assert regarding defects in the materials and workmanship supplied by Reinhold Construction Co. Once these documents are in hand, I believe the County would be adequately protected. Payment of the final requisition could not then be construed to be a "final acceptance" of the work _performed that might by.operation of law release the contractor from liability for any defect which was hereinafter determined to be patent in nature. Receipt of these documents would 1'ike- wise ensure that any claim connected either with the pending lawsuit, or with the formaldehyde issue, would be preserved. I would specifically spell those matters out in the letter:to be signed by counsel for Reinhold Construction Company so there could be no question about the preservation of our rights in that connection at a later date. Once all of this is accomplished, payment of the requisition will simply serve to relieve the County from the impact of any threat- ened litigation connected with payment of this particular requisi- tion, interest claims -that might be asserted in connection there- with, or any claim for attorneys' fees and court costs that might be asserted if the matter were injected into the pending litigation. Under these circumstances, it would be my opinion that payment. of the requisition would simply eliminate any downside risk that the County might have that would be connected with a refusal to pay a requisition appropriately certified by the architect, while at the same time we would preserve all rights of the County against Reinhold Construction that might arise out of the performance of the work in question. I would assume that following receipt -of this letter, the matter would be placed on the agenda for consideration by the County Commission and subject to the conditions set out in this letter, the Commission would elect whether or not to pay the requisition in question. If the Commission elects to comply with our recommendation iD this connection, then at that point. in time, I would deliver to Jim Knudson, counsel for Reinha-ld'Con-struction Inc'., the appropriate documents for signature by he and his client while a check is being cut for delivery to Reinhold. We would then provide for a simultaneous exchange of the required documentation for that check. If you have any further questions regarding our opinions or conclusions on this particular matter, please -give me a call.. I am arranging for hand delivery of this letter to you in order 10 to expedite the process as much as I can. I acknowledge that there was a slight delay in the production of this opinion letter, bit I want you to be aware that was produced by my desire to make sure we had gone through the requisition in question and through the change orders that it references so that we could ensure that we were not approving payment of a request that embraced matters that are now pending in the litigation. Thank you for your courtesy and cooperation. " Sincerely yours, HINTIL.TON, JAMES, MERKLE AND YOUNG John R. Young ON MOTION BY Commissioner Lyons, SECONDED BY Commissioner Bird, the Board unanimously authorized payment of Application #17 of Reinhold Construction for payment on the Courthouse building in the amount of $108,013.39, on conditions as set forth in letter of Attorney John Young dated June 14, 1982. 11 J U L 14 1982 Box 50 P vc �L0 R LLJ L r_' LL°7 0 cm CIQ DO C" •;i':.-APPLICAWN AND CERTIFICA E FOR PAYMENT AIA DOCUMENT G702 PAS. TO (Owner): BOARD OF COUNTY, COMMISSIONERS PROIECT:INDIAN RIVER COUNTY APPLICATION NO:- 17 D�s:ribution to ..INDIAN RIVER COUNTY, FLORIDA COUNTY COURTHOUSE BUILDING r OWNER,°. , 1840 25TH STREET ADDITIONS &RENOVATIONS PERIOD FROM: 1/10/82 =ARCHITECT z ' { `" 11VER0 BEACH, FLA. 32960 8020 TO: 3/25/82 : I L CONTRACTOR r . : ARCHITECT'S CONSTRUCTION CONNELL, METCALF &EDDY CONTRACT FPROJECT NO'9364P.O. BOX 341939 CORAL GABLES, FLORIDA 33134' ATTENTION: MR. F. KIRSCH CONTRACT DATE: APRIL 2, 19-3 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connecti.c'7, with the Contract Continuation Sheet, AIA Document G703, is attached. >w:� M .. CHANGE ORDER SUMMARY ' Change Orders approved in previous- months by Owner..,--:-* ,.. ' TOTAL ADDITIONS 169,022.59 DEDUCTIONS 1,856.20 Approved this Month t. • Number Date Approved TOTALS .169,022.591 1,856.20 Net change by Change Orders 1 167,166 The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM . ................ $ 6&9,000.00 1234 6Net change by Change Orders ...................... $ 167 ,166.39 CONTRACT SUM TO DATE ........................ $_855,166.39 �c •,f: i 856,166.39 a�Q•,� a� TOTAL COMPLETED & STORED TO DATE ........... $ (Column G on G703) 1,000.00 RETAINAGE • or total in Column I on G703 TOTAL EARNED LESS RETAINAGE , , , , , , , , , . $ 866 166.39 The undersigned Contractor certifies that to the best of his knowledge LESS PREVIOUS CERTIFICATES� FOR PAYA"ENT . $ information and -belief. the Work covered by.this Application for /i 6< 3% / �� ZA , 9�.� Pay ent has been completed in accordance with the Contract Docu ./ (p 9r. OG " men ►amounts have been paid by him for Work for which , '� X ,y� -• i' �y Q}��043 '}� pre%ii ertifcates for Payment were issued and payments received CURRENT PAYMENT DUE from a Owner, and that current pay nt sh m herei is now due C TRACTOR: REIN CTI INC '' State of: FLORIDA Countyofi•'•''B'RE- 1ARD Subscribed and swo o be ore me t is 2WOZARCH,jy82Notary Public:• By: ufl,pate: My Commission expires: :.,• a .. u _ ea.i .. i Flnrida at a /. ARCHITECT'S CERTIFICATE FOR PAYMENT Commission Ex ues May ca - AMOUNT CERTIFIED Y. p $ nd d T6ri,•TroV*Wd-Wuranea•1na• „ (Attach explanation if amount-certi er�differs Irort>;t. amodn�-app�i@� G1J b^ In accordance with the Contract Documents, based on on-site obser !r -�.'u ,V , • , ARCHITE nations and the data comprising the above application, the Architect �`��?'•'•., .,�" certifies to the Owner that the 1M1ork has progressed to the point indicated; that to the best of his knowledge, information and belief, By. the quality of the Work is ,n accordance with the Contract Docu- I mems; and that the Contractor is entitled -to payment of the AMOUNT This Ce ,ficate t negotiable. The AMOUNT CERTIFIED is payable only to the Contractor CERTIFIED. named herein. suance, payment and -acceptance of payment ale v..t nout prejudice to ani rights of the Owner or Contractor under this Contract. AIA DOCUMENT 0702 • APPLICATION AND CERTIFICATE FOR PAYMENT • APRIL 1978 EDITION • AIAQ • © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 26006,6702-1978 N r -I 1 1 RESOLUTION 82-64 - APPROVING AGREEMENT W/DEPARTMENT OF NATURAL RESOURCES RE TRACKING STATION PARK Attorney Brandenburg reported that the Agreement submitted by the Department of Natural Resources is their standard agreement, and he would recommend approval. MOTION WAS MADE BY Commissioner Bird, SECONDED by Commissioner Lyons, to adopt Resolution No. 82-64, approving Agreement with the Department of Natural Resources re grant funds for the development of the Tracking Station Park property. Discussion on budgeting ensued, and Commissioner Fletcher questioned whether County residents would want the County to budget $92,500 for a recreation facility at this time. County Public Works Director Davis believed one of the conditions of the County receiving that property from the government was that it be used for recreation and improved in the near future for that purpose. Commissioner Bird was of the opinion that if we can obtain and develop property that valuable for $92,000, no one in the county would question it. Commissioner Fletcher argued that the people he has been talking to mainly want beach access and don't want the extra frills. Chairman Scurlock felt that we must have properly built dune walk -overs and provisions to protect the property we have. Discussion followed as to the possibility of using the value of the land as an in-kind match. Public Works Director Davis stated that $92,000 has been earmarked for improvements, and since the,land was 13 JUL 14 1982 BOOK 50�At4�2 J JUL 14 1982 @6E1� 50 ►A6E423 1 d donated to the County, there was no application to have the value of the land considered as an in-kind match. He continued that there is a certain amount of in-kind services that can be allocated on the county's behalf, but the - accounting and control is very detailed and laborious; he, therefore, recommended that County proceed as the City did on South Beach and advertise for outside contractors. Commissioner Fletcher emphasized that we apparently are going to have to cut 2 million out of next year's budget, and if we mandate this money for recreation, we are cutting down our options. THE CHAIRMAN CALLED FOR THE QUESTION to adopt Resolution 82-64. It was voted on and carried 3 to 1 with Commissioner Fletcher voting in opposition. 14 RESOLUTION NO. 82- 64 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A PROJECT AGREEMENT BETWEEN THE DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF FLORIDA UNDER THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM AND INDIAN RIVER COUNTY. WHEREAS, INDIAN RIVER COUNTY owns and operates a recre- ation facility located in Indian River County, Florida called TRACKING STATION RECREATION AREA, and WHEREAS, the County now desires to develop access roads and parking, dune walkways, restrooms, observation shelters, pic- nic shelters, lifeguard stands, utilities and related site improvements for the recreational area, and WHEREAS, the attached agreement provides for payment to INDIAN RIVER COUNTY of sixty-six and two-thirds (66-2/3%) percent of the eligible costs for development of the park project or ONE HUNDRED AND EIGHTY-FIVE THOUSAND ($185,000.00) DOLLARS whichever is less, and WHEREAS, the County pursuant to the agreement will operate and maintain the project to the Department's -satisfaction for a minimum of twenty-five (25) years and further devote NINETY-TWO THOUSAND FIVE HUNDRED ($92,500.00) DOLLARS in cash match or the fair market value of real property as the required program match by local government. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that the attached agreement between the FLORIDA DEPARTMENT OF NATURAL RESOURCES, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM and INDIAN RIVER COUNTY is approved and the Chairman and the Clerk are authorized to execute the attached agreement. 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 Nay Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Absent Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly JUL 14 1982 -1- 50 fE424 JUL 141987 passed and adopted this 1rx nr 5� kpr 425 14th day of July ► 1982• BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By _ezzz „i DON C. SCURLOCR, JR. r Chairman Attestta,�Acdc�-- FREDA WRIGHT, Cle APPROVEDTO FORM AND LEGA SUFFIC ENCY By _r-�-� A, �L.� M./BRANDENBURG ty //Attorney _ Y FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Agreement FRDAP #10-41-9 (project number) This agreement made and entered into by and between the State of Florida Department of Natural Resources hereinafter called DEPARTMENT and Indian River County herein- after called the PROJECT SPONSOR in furtherance of an approved recreational program involving the parties hereto in pursuance .pf which the parties hereto agree as follows: 1. This agreement shall be performed pursuant to Section 375.021(3) , Florida Statutes. and Chapter 16D-5, Part II, Florida Administrative Code. In the event a dispute should arise between the parties concerning the intent of the language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of said actions of the Florida Legislature and the Executive Board of the Depart- ment of Natural Resources. No construction shall be contrary to the program criteria or the agreements contained herein. It is the intention of the parties hereto that none of the provisions of Section 163.01, Florida Statutes, shall have application to this agreement. 2. The DEPARTMENT has found that outdoor recreation is the primary purpose of the project known as Tracking Station Recreation Area , (Florida Recreation Development Assist- ance Program Project Number 10-41-9 ), and enters into this agreement with the PROJECT SPONSOR for construction of recreational facilities on real property, the legal description I of which is set forth in full in Exhibit "A" attached hereto and made a part thereof.' Page 1 of 6 DNR Form 42-058 Revised 5-14-82 MWK* 50 PACS -JUL 14,1`2 I JUL 141982 - �o 50 ;: •3. The PROJECT SPONSOR will construct, or cause to be constructed, certain recreational facilities upon such real pro- perty described in Exhibit "A" which facilities shall be designed and constructed in accordance with the project elements described herein substantially in accordance with project plans as shown and described in Exhibit "B" attached. The following shall be considered the project elements: i Access road and parking, dune walkways, restrooms, observation shelters, picnic shelters,_lifeguard stands, utilities related site improvements. 4. The PROJECT SPONSOR agrees to operate and maintain the project, to the DEPARTMENT',S satisfaction, for a minimum period of twenty-five (25) years from the date of project completion specified in paragraph 7 of this agreement and will pay all such expenses as a PROJECT SPONSOR expense. The project shall be open for public use at reasonable hours and times of the year; shall be maintained so as to appear attractive and invitingto•the public; shall be maintained in accordance with applicable health standards and shall be kept reasonably safe for public use. Pro- ject facilities and improvements shall be kept in reasonable re- pair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR convenants that it has full legal authority and financial ability to operate and maintain said facilities. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the PROJECT SPONSOR 66 2/3Percent of the eligible costs for the development of the project or $ 185,000.00 whichever is less. These funds may be released in no more than three (3) in- stallments, at the discretion of the DEPARTMENT, upon the request of the PROJECT SPONSOR'S duly authorized agent, whose name and title shall be submitted to the DEPARTMENT prior to commencebent of the project. The DEPARTMENT shall retain $ 18,500.00 until completion of the project and until the required project termination documentation has been received by the DEPARTMENT 2 of 6 - Form 42-058 _ from the PROJECT SPONSOR. Each reimbursement request shall in- clude all documentation required by the DEPARTMENT as set forth in paragraph 18 of this project agreement. The DEPARTMENT shall be notified forthwith of any change in the person or authority of the duly authorized agent. 6. The PROJECT SPONSOR agrees to expend the sum of $ 92,900 -LD in cash or utilize the fair market value, or a portion thereof, of donated or purchased, private real property, previously approved by the DEPARTMENT for such purposes, as its required program matching contribution. The PROJECT SPONSOR further agrees to submit, at the request of the DEPARTMENT, any :and all required accounting records of documentation pertaining to said contributions. a. The PROJECT SPONSOR shall commence construction of the project in accordance with Exhibit "B" on or before June 30, 1983 and agrees to complete said construction on or before June 30, 1984 Failure by the PROJECT SPONSOR to commence or complete development of the project by the aforementioned dates, unless amended, shall be cause for the DEPARTMENT to terminate the project agreement and demand refund of any contribution made from the Florida Recreation Development Assistance Program. 8. The PROJECT SPONSOR, through its duly authorized agent, shall submit to the DEPARTMENT signed project status reports every sixty (60) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate in- formation. Photographs shall be submitted when appropriate to reflect the work accomplished unless waived in writing by the DEPARTMENT'S project administrator. 9. Should the PROJECT SPONSOR own the land described in " Exhibit "A", the PROJECT SPONSOR agrees to dedicate said land to the public for recreational purposes in perpetuity. The PROJECT SPONSOR further agrees that the execution of this agreement -by the Executive Director of the Department of Natural Resources shall constitute an acceptance of the dedication on behalf of the general public of the State. JU�.._:�: 1982.Page 3 of 6BOOK O m6F428 DNR Form 42-058 50 � ,hut 141982 �cF �� 10. Should the PROJECT SPONSOR, during the period of time established by paragraph 4 of this agreement, for any reason con- vert all or any portion of the property described in Exhibit "A", or the facilities described in Exhibit "B" to other than the recreational purposes set forth and described in Paragraph 3, the PROJECT SPONSOR agrees to provide, at its sole expense, with- out further contribution from the Florida Recreation Development Assistance Program, a replacement project of comparable quality and size to that which'was converted to other purposes, which replacement shall be in close proximity to the project and meet with the approval of the DEPARTMENT. In lieu of such replacement; -,-the PROJECT SPONSOR shall return to the DEPARTMENT the entire contribution from the Florida Recreation Development Assistance Program. 11. Should the PROJECT SPONSOR elect to implement a user fee system for the project, the PROJECT SPONSOR shall impose such fees uniformly upon all users without regard to age, sex, race, other condition, or the political subdivision in which the user may reside. 12. The PROJECT SPONSOR agrees to provide the DEPARTMENT with annual attendance reports at such time the project is opened for use by the general public. Said attendance reports shall be submitted to the DEPARTMENT during the month of July of each year and shall provide attendance records for a one year period beginning on July 1, and ending on June 30 of the previous year, such period constituting one fiscal year. 13. The DEPARTMENT shall have the right, through its agents, servants, and employees designated for that purpose, to inspect the site of the project and the facilities thereon. In addition to project inspections, which shall be conducted at any reasonable time, the'DEPARTMENT shall have access to all Page 4 of 6 DNR Form 42-058 Revised 5-14-82 r77 financial records relating to the project and the right to audit such records at any reasonable time which right shall be continuous until such audit is completed without unreasonable interference with the operation of any of the facilities thereon. 14. This project agreement may be amended at the'dis- cretion of the DEPARTMENT, so long as such amendments are pursuant to Section 375.021(3), Florida Statutes,'and Chapter 16D-5, Part II, Florida Administrative Code. Amendments, which do not substantially alter the project's intent or scope or the amount of program funds awarded to the PROJECT SPONSOR by the DEPARTMENT'S Executive Board, shall be approved by the DEPART - LENT'S Executive Director through delegation of authority. Otherwise, all amendments shall be approved by the DEPARTMENT'S Executive Board. 15. The PROJECT SPONSOR agrees to save and hold harmless the DEPARTMENT, its officers, agents and employees from any and all liabilities, claims, actions, damages, awards and judgements, no matter how occasioned and no matter what the amount, arising from the PROJECT SPONSOR'S obligations contained herein to con- struct, operate and maintain the project. 16. The DEPARTMENT shall have the right to demand a refund, either in whole or part, of the funds provided to the PROJECT SPONSOR for non-compliance with the terms of this agreement, and the PROJECT SPONSOR upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay, the amount of money demanded --which payment shall be made directly to the DEPARTMENT. 17. The DEPARTMENT shall designate a project administrator, whose name and title shall be submitted to the PROJECT SPONSOR responsible for the completion of the project pursuant to the pro- vision of this project agreement. The PROJECT SPONSOR shall be, notified forthwith of any changes in the person or authority of the duly authorized project administrator. J U L 141982 Page 5 of 6 'DNR Form_04-058 Revised 5-14-82 JUL 141992 - 'BOOK 50 WE:431 19. The PROJECT SPONSOR and the DEPARTMENT mutually agree to the following special terms and conditions incorporated as part of this agreement: 1. Guidelines and procedures utilized in accounting for Florida Recreation Development' Assistance Program funds shall be governed by the program's Grants Accountability Policy, dated May 14, 1982, attached hereto and made part of this project agreement as Exhibit "C". ' - d IN WITNESS WHEREOF, the parties hereto have caused these _presents to be executed by the officers and agents thereunto lawfully authorized. STATE OF FLORIDA Board of County Commissioners DEPARTMENT OF NATURAL R$SOURCES Indian River County, Florida By : By: 2�n 4:' Dr. Elton J. Gissendanner Don C. Scurlock, Jr Executive Director Its Agent for this*furpose Chairman Title Attest: Attest : j Freda Wright, C erk 1 Approved as to Form and Legality: Attorney, DNR Page 6 of 6, IftForan 42-058 ised 5-14-82 Effective Date: A.ppfoted as to form T.L Ajam] ac^si/t� ���ry7 1 IV� •,•j�l�a l�l'�l��lV1�_ AllamTi Z EXHIBIT "A" LEGAL DESCRIPTION FOR TRACKING'STATrON RECREATION AREA Being a parcel of land lying iii the East 10 acres of Government Lot 1 (the same being known as the Government Tracking Station). Section 20, Township 32 South, Range 40 East, Indian River County, Florida. The boundary of said parcel being more particularly described as follows: From the Southwest corner of,said Section 20, run North 890 42' 15" East along the Section line, 345.80 feet, more or less to a concrete monument marking the Southwest 15" East along the West line of said Tracking Station 212.00 feet to a concrete monument for the Point of Beginning of the parcel to be herein described; thence continue North 00 13' 15" East along the same line, 788.00 feet to a concrete monument; thence rum South 890 45125" East 208.00 feet, more or less, to the Mean High Water Line, 514.00 feet; thence run North 890 15' 45" West, 46.00 feet, more or less to a concrete monument which is 25 feet, more or less West of the Ocean Bluff line; thence continue North 890 15' 45" West on the same line, 184.28 feet to a concrete monument; thence run South 00 13' 15" West 295.20 feet to a concrete monument; thence run North 890 15' 45" West, 116.00 feet to the Point of Beginning. Containing 4.020 acres, more or less EXHIBIT B - Site and Layout Plan of the Tracking Station Site is on file in the Office of the Clerk. JAL, 14: 198 _ too - 50 1W. '-) U L 141992 - X00!( 50 �� U 33 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Grants Accountability Policy I. Purpose and Applicability This grants accountability policy establishes uniform guide- lines and procedures to be utilized in accounting for grant funds disbursed by the Department of Natural Resources under the Florida Recreation Development Assistance Program. It sets forth principles for determining eligible program costs, supporting documentation, minimum reporting requirements and applies to all project sponsors receiving funds through the program. Waiver or modification of the eligible costs, supporting documentation or reporting requirements may be made by the Department's Executive Director, or his designee, provided that the approval for any such changes shall be evidenced by an appropriate provision in the project agreement, or amendment hereto. 1 - II. Disbursement of Funds Grant funds shall be disbursed by the Department directly to project sponsors in accordance with good cash management principles, on a reimbursement basis, and in no more than three installments. The Department shall retain ten percent (10%) of its obligation until final completion and approval of the project. The retainage may be modified or waived with justification and formal approval by Depart- ment personnel who are authorized to execute the project agreement or amendments. III. Contract Classification Program project agreements are defined as Actual Cost contracts whereby project sponsors are reimbursed for a specified portion of eligible project costs incurred in accomplishing the project required by the Department. IV. Purchases of Goods and/or Services All purchases of goods and/or services for the accomplishment of the project shall be negotiated, at a minimum, in accordance with the provisions of Chapter 287, Part I, Florida Statutes and related Rules of the Florida Administrative Code in effect at the time such pur- chases are made except that single source or emergency purchases shall be subject to authorization by the Department's project administrator in lieu of the Department of General Services. V. Eligible Costs, Supporting Documentation and Billinq Guidelines (a) Eligible Costs - To be eligible for reimbursement under the program, costs must be necessary and reasonable for the effective and efficient accomplishment of the project and be directly L� a _ . May 14. 1982 Page to , k 141982 allocable thereto pursuant to program rules and regulations. Costs must be incurred and work performed within the project period with the exception of contractual planning costs, Section 16D-5.28(6), Florida Administrative Code, specifically identified within the project agreement. Costs must be net of all applicable credits -such as purchase discounts, allowances, sales of scrap and income from incidental services. The follow ing paragraphs identify eligible and ineligible costs for reimbursement. 1. Contractual Services. a. Eligible - Costs of work performed by private or independbnt contractors that is directly related to the accomplishment of the project for a project sponsor. b. Ineligible - Costs for work performed by private or independent contractors pursuant to cost plus or contingency fee contracts including costs related to obtaining program grant funds. 2. Material and Supplies. a. Eligible - All costs of materials and supplies consumed or expended in accomplishing the project including direct purchases as well as withdrawals from the project sponsor's stock. •b. Ineligible - Cost -of small tools (shovels, saws, hammer= drills, eta •) and -'clothing or uniforms worn by employeE Operating expendables or replacement parts purchased foz project sponsor owned equipment used on -the project. 3'. Donated Services, Materials, Supplies, Equipment, or Propert a. Eligible - With written authorization by the Depart- ment's project administrator, Office Chief or Division Director, and Executive Director, as evidenced by the project agreement, the fair market value of donated or purchased real property may be used in the program, pursuant to Section 16D-5.24, Florida Administrative Code, as all or part of the project sponsor's obligation. The project agreement shall clearly specify.the method for which values will be assigned to the real property. b. Ineligible - Values assigned to any donated property, materials or services used in accomplishing the project except for real.property as noted above. 4. In -Kind Services. a. Ineligible - Expenses incurred by project sponsors for personnel employed or equipment owned and maintained by project sponsors. 5. Employee Benefits, Travel and'Indirect Costs. a. Ineligible - Expenses incurred by project sponsors for employee benefits (FICA, health insurance, vioc�r�ker's BOOK y �t•1 - JUL 141982 b. non 50 FmE 435 compensation, etc.), travel and per diem associated with the project and indirect costs for general operating expenses (telephones, postage, utilities, etc.) and general administrative expenses (Personnel, Purchasing, etc.) Supporting Documentation ' 1. Contractual Services Services provided for pro- ject sponsors by private or independent contractors shall be evidenced by formal agreements or contracts executed by all appropriate parties specifying the exact terms and conditions. Competitive bid specifi- cations and actual bids received shall -be maintained a by the project sponsor. The selection and awarding of contractual services by the project sponsor shall be subject to the Department's approval pursuant to Section 16D-5.28(5), Florida•Administrative Code. Appropriate records (i.e.-contracts or invoices, cancelled checks, etc.) shall be maintained by project -sponsors to support work and/or services performed through contractual services. 2. Materials and Supplies a. Direct Purchases - Vendor invoices shall be maintained that include a description of the items and quantity purchased, unit cost and total cost, less applicable discounts. Invoices shall also contain the delivery date'and signa- ture of a project sponsor employee assigned to work on the project along with a description of the -general use for such materials or supplies. Purchase orders, requisitions, cancelled checks and competitive bid documentation as applicable, shall be maintained as evidence of payment for such purchases. b. Project Sponsor Stock - Materials or supplies taken from a project sponsor's stock or inven- tory shall be supported by material requisitions or other job order/project cost records signed by the storekeeper and the project sponsor employee assigned to•work on the project. These source documents shall describe items in detail and identify the general use of such materials in the project. Appropriate records (i.e. vendor invoices, cancelled checks, etc.) shall -be main- tained to support unit costs of the materials based upon the project sponsor's normal method of inventory valuation. No warehouse or over- head charges added by the project sponsor shall be allowed. _ May 1=2 3. Real Property - Appraisals or other documentation as required by the Department shall be maintained and submitted for review to support values established for purchased or donated real property. c. Billing. The project sponsor shall submit the program reimbursement request form, DNR Form.42-057, to the Depz ment in accordance with the program's funding formula dE scribed in Section 16D-5-24.(6), Florida Administrative Code. This payment request form sha.11 be accompanied by the documentation or schedules specified below for thosE costs that are to be made directly to the project sponsc upon approval of the Department's project administrator and Office Chief or Division Director. A certification of completion, DNR Form 42-057, by a registered architec or engineer and the project sponsor's project administra for shall be required prior to the final disbursement of 1 funds, Section 16D-5.28(5), Florida Administrative Code. In addition, a certification shall be required prior to the final disbursement of funds by the Department from the project sponsor's purchasing official that all such purchases for the project were made, at a minimum, in accordance with the provisions of Chapter 287, Part I, Florida Statutes and applicable Rules of the Florida Administrative Code in effect at the time the purchases were made. JUL 141982-' 1. Contractual Services - The Contractual -Purchases Schedule, DNR Form 42-062, shall accompany payment r( quests for reimbursement of contractual purchases. The contractor's name, check or voucher number, cost and general discription of work performed shall be reported to the Department.. 2..' Materials and Supplies. a. Direct Purchases - The Direct Material Purchases Schedule, DNR Form 15-034(16), shall accompany payment requests for reimbursement of direct material purchases. The vendor's name, check ani voucher number, cost, and general description of items purchased shall be reported to the Departrren' b. Project Sponsor Stock - The Grantee Stock MateriE k Cost Schedule, DNR Form 15-035(16), shall accompZ payment requests for reimbursement of materials utilized from the project sponsor's stock or in- ventories. The material requisition data and nur ber, general description or materials used and applicable cost shall be reported to the Depart-=—. May 14, 1982 Page 4 of 10 oo : 50 UE 6 J ' JUL 141982 LOOK 5 FA -F437 3. Real Property - Values established for purchased or real property, pursuant to Section 16-5.24, Florida Administrative Code, shall be reported on the.payment request form only upon ;prior written consent of the Department. The project sponsor shall submit such documentation as required by the DepArtment to support the values established for such property. _ VI. Alternate Billing Procedures. a. The project sponsor may request advance writfen approval of the Department's project administrator to submit other available accounting record$ in lieu of the specified Department forms, provided such alternate records contain the same detailed information as required above in Section V. b. The project.sponsor may request advance written approval of the` Department's project administrator to engage independent Certified Public Accountants to provide a review and compila- tion of project costs presented in the same general cost categories as contained on the reimbursement request form, DNR 42-057. Such statements shall be accepted in lieu of the other specified Department forms required above for Section V, only if payment requests are withheld by the project sponsor until completion of the project and submitted with the CPA's report. The additional cost incurred by the project sponsor for this alternate billing method shall not be eligible for reimbursement. VII. Services Provided by Affiliated Agencies. If'services are obtained or materials purchased from subunits or divisions of the project sponsor, such costs shall be supported and billed in the same manner.as required for the project sponsor and reimbursement shall be requested by and made to the project sponsor by the Department. VIII. Record Retention and Audits. (1) Project sponsors shall retain all records in support of the project costs included in the payment requests for three fiscal years (project sponsor) after the fiscal year in which final payment was made by the Department to the project sponsor. (2) All records of the project sponsor in support of the project 0 cost included in payment requests shall be subject to review by -the Department, the Auditor General, Comptroller, federal auditors or others who may be authorized to audit the records of the Department which involves the project sponsor. - May 14, 1982 Page 5 of 10 IX. Forms. Described below and attached are grant forms available to the project sponsor from the Department. Copies may be obtained from the Department. There is no cost involved in procurring any of these forms: DNR 42-057 ................ Florida Recreation Development 5-81 Assistance Program Reimburse- ment Request Form Revised 6-16-81 DNR 42-065 ................ Direct Material Purchases Schedule 5-82 DNR 42-064 ..._ ...•......... Project Sponsor Stock Material. 5-82 Cost Schedule ' DNR 42-062 ................ Contractual Purchases Schedule 5-82 ` s Attachments 0 t _J:U L -.14198 7 ' May 14, 1982 ...Page 6 of 10 BOOK 50 PAGE 43Q 8- J U L 141982 MAL RCC 1. Project vane: 2. = ro j ect S_ orsor 3. Recuest ::u.:.ber: 4. Pav To: S. Recuest Per'_od Covered: e BOOKBOOK �Q TF�L7C j Cost Obligations Total Cblications Catecories Since _Last ?ecsest to Date a. Contractual Sex-74-ces 1) arc^.itact.iral/unci- veering and/or Design r 2) Constrsction b. Purchased :-faterial c. Totals d. ?.amount of State Funds Recuested (1/3 or 2/3 of item GC)* i . istor'.r of Grant Recuests Total State Share kcal 1Share (1) (2) (3) a. TCtals this Request 5 $ $ b. C=ziula Live totals to date S. a. Total =ands ;=roved for State Grant $ b. 'Total State F=ds Pald Column 7b (2) S C. ?ala,^ce of State Grant S S. Carti_ication: I certify trat this recuest is correct and just and is based upon actual obli;atiors or: record by the ?rojest Sponsor; that this request and sup_ or =izy 'cc•.::.:,entat_cn Is recorded i. -i the project Sponsor's _ uclia reccr s ; _:.at ::a,, -vent fron th.e State has not been received; that the work and ser,;--ces are -,I accordance with the Florida Department of Natural Rescurces' approved _ r- ject acree: ent ircludi :g anti ar.endr.entS th ereto; and that progress of t:.e ,-o=k and ser•:i.. s rndar the pro; ct =r-ee� n _-re r. " n`'• -e -e e t saris_ c=�_� and a_ co. �:.s- _ent i--*. the arcurt recuested. u.:erized Diazson Acent Aur. cr_=ad . -n anc==' officer Date :ate ::_v4__7_cn of %ecreat_c . and Par.kS - =14, 1982 _eo re-.ersa s_dz _n=t_ .___ons) Page 7 of 10 1. se1:-ex_ lanatcr•J. ?lace the n� "e c= the el'_;; ile cover^ e. ta-. -agency a 2. Project=:c-ser - race ,- f- nzncial assistance. 3, R�c•�e :T::. er - Each =ec•.;est s cu 1' to numbered stair':i.^.7 w'_t -he s.. .u..:^er one (1). If t: --i is the last billing, specify •�-:al". • Pay to - ?lace the name of the ?ro4e•ct Sponsor exactly as it wishes �. the Stat- harrant to be made paya:.le. 3. Req. -'est. ?ericd Covered - Note t: a dates of the -period f_o:n w:e last request to t::e current request. Expenses incurred aca=.^st the Cu:I.I e..nt request must :all' wit:='! this Period. 6. -toms in this section are to he displayed in two (2) main categories . as shown ,=_a col=n headings: a. Self=explanatory. b. Self-eYalanatcry. C. ':Otals - when totaling under "Total Obligations to Date"- 1.:cl de a--ount in current request. d. This will depend upon the hype of prof ect--user-or_a:ited resource-based (2/3) , ce:.vinatien (1/3) . The state funds requested must rot exceed these rat'_os. If the total required local share is to be c=_%i;ted in cash to project construction, these ratios must be adhered to with each rei=, =seu,ent request. I` all or part of the local snare is to be committed in land value (purc:ase or i a donation) these :'atlas do not apply. However, State funds w-111 be released only for project costs incurred tp to the amount of documented expenditures for items 6. a or h. 7-3. DNR OFF:E r USE CNii 9. Self -explanatory - The signature space below the double lines is for the Cepar`=e^_t of 'at al Resources use. 5 JUL..1a41992 ,v Li iii\11'1 L1V1 Ur L41�1UjUl.0 Jt L•bUUJ<Uhb DIRECT MATERIAL PURCHASES SCHEDULE - Date w Grantee (Project) !�J Billing Period Billing # DNR Division DNR Program • Check or ••:... General Vendor Name Voucher Number 'Cost Description E4ti TOTAL g� Certification: I hereby certify that the COpurchases noted above were used in accomplishing v. -the project. 4-1 Project Administrator Date DNR 42-065 L-82 , C Certification: I hereby certify that invoices, cancelled checks, and other purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. Project Financial Officer Date May 14, 1982 Page 8 of 10 rtcUlL,I:'1' SYUNSUR STUCK MATERIAL COST SCHEDULE a e (Grantee) Billing Period: Division: IMaterial Requisition Date Number Certification: I hereby certify that the materials deported above were used in accomplishing this project. oject Administra NR 42-064 L 5-82 ;,,.•Date (Project) Billing #: + DNR Program: General Description Material Cost ca ttb 1 TOTAL $ Certification: I hereby certify that detailed material requisi- tions, job order costs sheets, cost allocation records and other appropriate documentation have been maintained as required to support the material costs claimed above and are available for audit upon request. N C7� Project Financial O f.i.cer. Date W_ May 14, 1982 ' Page 9 of 10 CONTRACTUAL PURCHASES SCIIEDULE (Date) Grantee) (Project) Billing Period Billing # DNR Division DNR Program Check or 'Voucher Number TOTAL Certification: I hereby certify that the purchases noted above were used in accomplishing the project. Project Administrator Date N DNR 42-062 CO ad X82 C" t Gengra Cost Description Certification: I hereby certify that invoices, cancelled checks, and other purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. Project Financial Officer Date May 14,• 1982 Page 10 of 10 RIGHT-OF-WAY ACQUISITION - 8TH STREET EXTENSION Assistant Attorney Chris Paull reviewed the following memo: TO:Chairman and Members DATE: June 25, 1982 FILE: of the Board of County Commissioners SUBJECT: 8th Street Extension Right -of -Way Acquisition -- Final Parcel FROM: Christoph J. Paull REFERENCES: Assistant County Attorney This office has received a so called "final offer" from the owner of the third right-of-way parcel necessary to construct the 8th Street extension. As conveyed by Michael O'Haire, attorney, Mr. & Mrs. Lawrence Wright are willing to convey to the County the north 30 feet of their parcel for the full depth of 480 feet for a pur- chase price of $43,000.00, plus a $2,000.00 attorney's fee. You will recall that this is the Wright's Steakhouse property down on U. S. #1. As appraised for the County by Peter Armfield, the fair market value of this strip is estimated to be $39,450.00. Recommendation As negotiations have continued on this parcel for quite some time, and when weighed against the certainty of additional costs and attorney's fees via condemnation, it is the opinion of this office that the terms of this offer are reasonable and warrant serious consideration by the Board at this time. Commissioner Fletcher commended Mr. Paull for his efforts on behalf of the County. ON MOTION BY Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously accepted the recommendation of the Attorney's office set out in the memo dated June 25, 1982, re the offer made by Mr. & Mrs. Lawrence Wright. 15 JUL 141982 N.DK 50 fAcE 444 9 , 15 JUL 141982 N.DK 50 fAcE 444 JUL 141982 REPORT ON CIRCUIT COURT CONFLICT COMMITTEE 50 P,.445 Attorney Brandenburg reported that the 19th Judicial Circuit Conflict Committee met to discuss allocation of monies provided by the Legislature to help the counties pay for the mandate by the State which requires the county to provide an attorney and pay attorney's fees in cases where the Public Defender has to declare a conflict and a private attorney is appointed. The 19th Judicial District, which is made up of Martin, St. Lucie, Indian River and Okeechobee Counties, received $71,400. The committee discussed feasible ways of dividing these monies, and because no accurate records have been kept in the pastas to how much this actually costs each county, they decided the best method was to divide the funds based on population. Based on this method, Indian River County's share worked out to be $18,214. Generally in the past we have budgeted approximately $20,000 for this purpose. Attorney Brandenburg continued that the problem is that these funds are received on on a reimbursement basis; so, we still will have to budget this amount and then have the monies reimbursed later in the year. The committee further decided that if there were any surplus monies at the end of the year, they would meet again and devise a way to divide the remaining funds. They also approved a list of counsel eligible to receive these funds based on the list of those eligible for court appointments. Some discussion ensued, and William Koolage stated that he was bothered by Attorney Brandenburg's statement that if there is anything left over, the committee will meet and devise a way to spend those funds. Attorney Brandenburg felt he had not explained this accurately, and noted that if, for instance, one county should have a bigger expenditure than anticipated and a another one smaller than anticipated, they would try to divide the funds to even this out. APPOINTMENT OF SPECIAL MASTERS - PROPERTY APPRAISAL an.TTTemMVT-.Tm TMA VT) Assistant County Attorney Chris Paull suggested that this matter be deferred until Property Appraiser David Nolte can be present since he initiated this discussion, and it would involve a decision by this Board on money that ultimately would be spent by the Property Appraisal Adjustment Board. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously deferred discussion on the above matter until the Property Appraiser can be present. FEE LETTER OF BOND COUNSEL - JUDSON FREEMAN Attorney Brandenburg noted that the letter from Bond Counsel was sandwiched in between the Bond Resolutions approved at the previous meeting and, accordingly, was overlooked. He recommended approval of the fee proposed by Mr. Freeman as set out in the following letter: ry ' JUL 14 1982 17 Bou 50 PA.0 446 �Q F�GE �4� JUL 14.1982 . JUDSON FREEMAN RAY W. RICHARDSON, JR. JOHN F. KELLY A. GRAHAM ALLEN JOHN L. MCWILLIAMS,III JUDSON FREEMAN, JR. ROBERT O. FREEMAN WILLIAM D. BRINTON PETER L. DAME 1200 BARNETT BANK BUILDING JACKSONVILLE, FLORIDA 32202 (904) 353-1264 Mr. Gary M. Brandenburg Attorney at Law 2145 14th Avenue Vero Beach, Florida 32960 June 21, 1982 Re: $7,000,000 Indian River County, Water and Sewer Revenue Bonds, Series 1982A t Dear Gary: GILES J. PATTERSON (IBBS-1963) FRANK L. WATSON OF COUNSEL It is our understanding that the County desires our firm to serve as bond counsel to the County for the above bond issue. It is also our understanding that the above bonds will be payable on a parity with the Series 1982 bonds to be purchased by Farmers Home. We propose that our fee for serving as bond counsel to the County for the above proposed bonds'be fixed at $15,000 plus our out-of-pocket expenses. If interim financing in the form of bond anticipation notes will be required in this issue, we pro- pose that our fee as bond counsel to the County with respect to any bond anticipation notes be fixed at $10,000 plus our out-of- pocket expenses. This note fee is quoted in anticipation of.a request by the investment bankers to use some form of --escrow agreement. If an escrow arrangement is not used and the note issue is relatively straightforward, we will suggest a reduction in our fee. Our policy in open market note issues is to request our note fee and 50% of our bond fee at the time of -the note closing, since at least 90% of our work will have been completed on the bond issue at that stage. i If the above fee arrangement is satisfactory to the County, please so indicate in your next correspondence. Enclosed you will find a copy of a comment draft of the proposed bond resolution. Appropriate cross references will be inserted in this resolution and/or the parity bond resolution to --- indicate any outstanding Series 1982 and/or Series 1982A bonds. If you have any questions or comments, please call me. Yours very truly, Judson/Freeman, Jr. 18 I ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board by a 3 to 1 vote, Commissioner Fletcher voting in oppo- sition, the Board approved the fee proposal of Bond Counsel Freeman as set out in letter dated June 21, 1982. APPROVAL SECTION 8 EXISTING HOUSING RENTAL ASSISTANCE PROGRAM ANNUAL CONTRIBUTIONS FY 1983 The Board reviewed memo from Edward Regan, Executive Director of the Housing Authority: .30: Board of County Commissioner®ATE: June 22, 1982 FILE: THRU: C. B. Hardin, Jr. Ph. D. Acting County Administrator SUBJECT: section 8 Existing Housing Rental Assistance Program Annual Contributions FY 1983 FROM: Edward ega REFERENCES: Executive Director IRC Housing Authority Our current Section 8 Annual Contributions Contract (A-3409) requires that we submit an annual estimate of the funding contri- bution by the federal government for the new fiscal year, We are submitting under separate cover a new Master Section 8 Annual Contributions Contract for review by the.Board of County £: Commissioners. However, in the interim, our current contract requires that we submit HUD Form 52672 (Estimate of Required Annual Contribution) and HUD Form 52673 (Estimate of Totals Required Annual Contributions), requisitioning funds to cover our Section 8. Housing Assistance Program for FY 1983. m Our Section 8 Program has had 730 applicants and is presently giving rental assistance to 108 families. I respectfully request the Board of County Commissioners' a�°concurrence in the execution of Forms 52672 and 52673 by the Chairman. J U L 141982 19 8009 50 PAsc 448 J U L 141982 a9u 50 F Gr ,449 ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Bird, the Board by a 3 to 1 vote, Commissioner Fletcher voting in oppo- sition, approved HUD Form 52672 (Estimate of Required Annual Contribution) and HUD Form 52673 (Estimate of Total Required Annual Contributions) for funds to cover our Sec- tion 8 Housing Assistance Program FY 1983 AND authorized the signature of the Chairman. 20 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROJECT NUMBER (3-11) SECTION 8—HOUSING ASSISTANCE PAYMENTS PROGRAM F L 2 9— E 1 3 2_ 0 0 1 ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS TYPE OF LEASING METHOD (Check one) (12) 1. E::] New Construction 2. Q Rehabilitation NAME AND ADDRESS OF PUBLIC HOUSING AGENCY. Indian River County Board of County Commissioners 3. ® Existing 1840 25th St., Suite S-321 Vero Beach, Fla. 32960 FY ENDING 19X 83 (13) W 1. 0 March 31 ° 2• Q June 30 3. 0 September 30 HUD FIELD OFFICE: 4. 0 December 31 U.S. Department Of HUD NUMBER OF DWELLING UNITS (15-18) 325 W. Adlams St., 126 Jacksonville, Fla. 32202 NUMBER OF UNIT MONTHS 09-24) - 1512 SUBMISSION (25) © Original Q Revision HUD REGIONAL OFFICE: U.S. Department of HUD Richard B. Russell Federal Building Revision Number, 75 Spring St., S.W. AC CONTRACT NUMBER Ga 30303 (26) APPROVED ESTIMATE OF REQUESTED AMOUNT LINE REQUIRED UMBER ANNUAL PER PHA HUD ITEM DESCRIPTION CONTRIBUTIONS (Column 1) (Column 2) MODIFICATIONS (Column 3) (Z7-28) (29-38) (39-48) (49-58) MAXIMUM ANNUAL CONTRIBUTION :•::• 225%204 01. Maximum Annual Contribution Authorized 02• &&Raft Maximum Annual Contributions Applicable to a Period of Less than 12 Months 03. Maximum Annual Contributions for Fiscal Year (Line 01 plus 02) 225,204 Project Account—Balance at End of Current Fiscal Year—Estimated or Actual 04• 219,621 (Balance Prev Fiscal Year ) ^;;;; ;:;;;;•;',.•,;:% 186,634 411,838 05. Total Annual Contributions Available—Estimated or Actual (Line 03 plus Line 04)•: e. :`:•,:;:•:::';::::: ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (Housing Assistance and Administration) 313,764 313.764 06. Housing Assistance Payments—Form HUD -52672, Part 1, Line 10 07. Administrative Fee—Form HUD -52672, Part ZLine 03 39,327 39,327 08. Independent Public Accountant Audit Costs 2 500 2,500 INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS .. (Preliminary Costs) 0 0 09. Preliminary Administrative Expense—Prior to ACC—Form HUD -52671, Part IA, Line 060 10. Preliminary Administrative Expense—After ACC—Form HUD -52671, Part IB, Line 280 , 0 0 11. Nonexpendable Equipment—Form HUD -52671, Part 11, Line 350 0 0 12. Total Annual Contributions Required—Requested Year _355.591 399.5gi 13. Deficit at End of Current Year—Estimoted or Actual 14. Total Annual Contributions Required 35 1 5.591 355.591 15. Excess Project Account Balance at End of Requested Fiscal Year (Line 05. Column 2 minus Line 14, Column 2) . •::•: ;:;;••+•;;:;:•::;.; '.. • ��:•: 56,247 16. Provision for Project Account—Requested Fiscal Year—[ncrease(Decrease)(Line 15 130 387 minus Line 04) ';:;;:,:ti"'.•• ;:; ANNUAL CONTRIBUTIONS 355,591 17• Total Annual Contributions Approved—Requested Fiscal Year (Line 14, Column 2 -plus Increase any. on Line 16 ••::�•:': Source of Total Annual Contributions Approved—Requested Fiscal Year: 18. (a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or 225,204 Line 17. whichever is lesser) , 387 (b) Project Account (kine 17 minus Line 18(a)) NAME AND TITLE OF PHA APPROVING OFFICIAL SIGNATOR :•Gcy�„ DATE Don C. Scurlock, Jr., Chairman Board of County Commissioners and leg f ' cy Indian River County, Florida July. 14,. 1982 Q _ NAME AND TITLE OF HUD FIELD OFFICE SIGNATURE r Y. Brandenburg DATE APPROVING OFFICIAL C n y Attorney Previous Edition is Obsolern J UL 14 198 HUD -52673 (12.77) JUL PROJECT NUMBER 1}Du �fiaF - U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM ESTIMATE OF TYPE OF LEASING METHOD 12 (Check one) REQUIRED ANNUAL. CONTRIBUTIONS New Construction , p Rehabilitation 2p Existing FY ENOING (133 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY Indian River County Board of County Commissioners- 19k 93 �l�} (Check mm) 1840 25th St., Suite 5-321 Mar 31 , p Sep 30 3 [x] Vero Beach, Fla. 32960 z . ' Jun 30 2 p Dec 31 ap NUMBER OF DWELLING UNITS (18-18) 126 HUD FIELD OFFICE HUD REGIONAL OFFICE U.S. Dept. of HUD U.S. Dept. of HUD 325 W. Adams St., Richard B. Russell, Fed.Bld NUMBER OF UNIT MONTHS 19-24 Jacksonville, Fla. 32202 75 Spring St., S.W. Atlanta, Ga. 30303 1512 AC CONTRACT NUMBER SUBMISSION 2S A-3409 ® Original p Revision Revision No. PART I - ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (261 (27-28) (29) (30-33) (34-38) (39-43) (44-48) (49-54) (55-64) LINE SIZE OF DWELLING NO. OF DWELLING MONTHLY GROSS AMOUNT PAYABLE MONTHLY HOUSING UNIT MONTHS ANNUAL HOUSING NO. UNITS UNITS RENT BY FAMILY ASSISTANCE UNDER ASSISTANCE TOWARD PAYMENTS LEASE PAYMENTS (1) f27 (3} GROSS RENT (S) (6) (7) 01 OBR 7 198 53 145 84 12,180 02 1BR 53 245 66 179 636 113.844 03 2BR 48 306 76 230 576 132,480 04 3BR 15 336 84 252 180 45-360 05 4BR 3 357 , 92 275 36 C. 91900 I 06 01 08 09 , ' 10 TOTAL 1512 313,764 PART 2 - CALCULATION OF ADMINISTRATIVE FEE (26) (27-28) (29-34) (31 (40-44) (45-54 ) LINE NO. BASIS UN1T)dONTHS HUD -APPROVED 2 -BR ALLOWABLE ADMINISTRATIVE FAIR MARKET RENT PERCENT FEE (1) (21 (3y (4) 01 PER- , CENT 1512 306 .085 39,327 15.00 ::s• " x ��'�:>•s 3' : 22,680 03 39,327 HUD -52672 (12-rn I�ifo-as� I, - U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HUD USE ONLY REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS HOUSING ASSISTANCE PAYMENTS PROQRAN1 r SECTION 23 SECTION R I Oats of Requisition 6/21/82 Fiscal Year Ending Date 9/30/83 For Quarter Ending 9/30/82 NAIHF, AND ADDRES§ OF PUBC H,XSIN? AGENCY (lnctudinq Zip Code) ACC Contract Number _ A-3409 In(iian River County loar o County Commissioners -- 1840 25th at., Suite S-321, Vero Beach, Fla. 32960 Project Number FL29-El32-002A-3409 22� DEPOSITARY BANK (Name, Address and Account Number) -- --- ---- No. of Months in Fiscal Year The First Bankers of Indian River County ivae of Project: Vero Beach, Fla. 32960 Acct. #98-04000-1 ® EXISTING � NEW [-1 RLHAIr. a. Number of Units Under Lease to Eligible Families as of Date of Requisition 0 ~ b. Estimated Number of Units to be under Lease at End of Requested Quarter 28 c. Average Monthly Housing Assistance Payment Per Unit us of Date of Requisition 0 — ESTIMATE OF ESTI MATEDCUMULAIt,,E REQUIRED TOTAL COST ADDITIONAL TOTAL. T DESCRIPTION ANNUAL INCURRED OF' ST REQUO ESTENED D FUNDI CONTRIBUTIONS TO DATE QUARTER REQUIRLO Voucher Numb, -r (2) (2) (3) (4) (5) PRELIMINARY ADMINISTRATIVE EXPENSE 1. Preliminary Administrative Expense -Prior to ACC (Account 4010) 0 0 0 9,996 0 9,996 2. Preliminary Administrative Expense -After ACC (Account 4012) 9-996 0 9.996 3. Total Preliminary Administrative Expense (Lines 1 d 2) NONE%PENDABLE EQUIPMENT 4. Replacement of Nonexpendable Equipment (Account 7520) 0 0 0 0 7,600, _ 7,600 5. Property Betterments and Additions (Account 7540) 0 7,600 6. Total Nonexpendable Equipment (Lines 4 & 5) 7 , 6 )0 - __731600 HOUSING ASSISTANCE PAYMENTS 7. Housing Assistance Payments (Account 4715) 140,002 0 5,288 5,288 ADMINISTRATIVE FEE 8. Total Administrative Fee Approved for Fiscal Year 16,828 8. Monthly Rate of Administrative Fee (Line 8 divided by number of months In fiscal year) 1,294 10. Amount Previously Requisitioned for fiscal year 0 11. Estimated Additional Amount Required to end of Requested Quarter _ 1,294 _ 1 294 12. Total Administrative Fee (Lines 10 d 11) 0 INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS(Section 8 only) 13. Total Independent Public Accountant Audit Costs 0 0 SECURITY AND UTILITY DEPOSITS (Section 23 only) 14. Total Allowance Approvad for Security and Utility Deposits 15. Amount Previously Requisitioned for Fiscal Year 0 16. Estimated Additional Amount Required to End of Requested Quarter 0 17. Total Security and Utility Deposits (Lines 15 d 16) P 0 - AMOUNT OF THIS REQUISITION 18. Total Funds Required to End of Requested Quarter (Lines 3,'6, 7, 12, 13d 17) 24,178 18. Total Partial Payments Received for Fiscal Year to Date 20. Partial Payment Requested (Line 18 minus Line 19) 24,178 INSTALLMENT 2ND INSTALLMENT 3RD INSTALLMENT TOTAL METHOD OF PAYMENTIST 21. Requested Installment Payments 1 CERTIFY that housing assistance payments have been or will be made only with respect to units which: (1) Gra under lease by Families at the time such housing assistance payments are made except as otherwise provkted in the Housing Assistance Payments Contracts and (2) the Housing Agency has within one year prior to the making of su inspected or caused to be inspected (including Inspection of grounds, facilities. and areas for the benefit and use o e ami les) to assure that decent, safe d sanitary housing accommodations are being provided; that all applicable pro visions visions of the above numbered Con W6fh1il 6�ri AS UP the Ho Ing Agency; and that this requisition for annual contributions has been exam- by me and to the best of my k edger a�,ttietitf ' ' J� t and mplete. esti rya Board of County Commissioners of T__ 1 • r July 14, 1982 t$y�- 1. Hrande ung(Date]f usual and Title of OJ1 Authorized HUD FIELD OFFICE APPROVAL • r (Signature and Title of Official Authorized to Approve) (Date) REGIONAL ACCOUNTING DIVISION PAYMENT GATE CERTIFIED PrBvalidated by: FOR AMOUNT CERTIFIED FOR BY MONTH OF PAID PAYMENT (Initials) (Signature) (Date) s a —e% 1 J U L 141982TOTAL r t1un "" IF JL"'& r.WO-52663 tJ U L .141982 0 Phu 453 s ' U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS HOUSING ASSISTANCE PAYMENTS PROGRAM SECTION 23 SECTION 8 FOR HUD USE ONLY 1 Voucher Number Date of Requisition 6/21/82 Fiscal Year Ending Date 9/30/83 For Quarter Ending 12/31/82 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (including Zip Code) ACC Contract Number A-3409 Indian River County Board of County Commissioners PCC C ntractNumbumber A-32-002 1840 25th St., Suite S-321, Vero Beach, Fla. 32960 Pro ec Months in Fiscal Year 13 DF�SITARY BANK (Name, Address and Account Number) Type Of Project: The First Bankers of Indian River'County Vero Beach, Fla. 32960 Acct. #98-04000-1 ® EXISTING []NEW CI REHAii. a. Number of Units Under Lease to Eligible Families as of Date of Requisition 0 b. Estimated Number of Units to be under Lease at End of Requested Quarter _ 40 (estimate) c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 0 ESTIMATE OFESTIMATED CUMULATIVE_ REQUIRED TOTAL COST ADDITIONAL TOTAL DESCRIPTION ANNUAL INCURRED COST TO END OF REQUESTED FUNDS CONTRIBUTIONS TO DATE QUARTER REQUIRED (1) (2) (3)_ (4) (5) PRELIMINARY ADMINISTRATIVE EXPENSE 1. Preliminary Administrative Expense—Prior to ACC (Account 4010) 2. Preliminary Administrative Expense—After ACC (Account 4014 3. Total Preliminary Administrative Expense (Lines 1 & 2) NONEXPENDABLE EQUIPMENT 4. Replacement of Nonexpendable Equipment (Account 75201 5. Property Betterments and Additions (Account 7540) 6. Total Nonexpendable Equipment (Lines 4 & SJ HOUSING ASSISTANCE PAYMENTS 7. Housing Assistance Payments (Account 4715) ADMINISTRATIVE FEE S. Total Administrative Fee Approved for Fiscal Year 9. Monthly Rate of Administrative Fee (Linc 8 divided by number of months in fiscal year) 10. Amount Previously Requisitioned for fiscal year 11. Estimated Additional Amount Required to end of Requested Quarter 12. Total Administrative Fee (Lines 10 & II) INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only) 13. Total Independent Public Accountant Audit Costs SECURITY AND UTILITY DEPOSITS (Section 23 only) 14. Total Allowance Approved for Security and Utility Deposits 15. Amount Previously Requisitioned for Fiscal Year 16. Estimated Additional Amount Required to End of Requested Quarter 17. Total Security and Utility Deposits (Lines 15 & 16) AMOUNT OF THIS REQUISITION 19. Total Funds Required to End of Requested Quarter(Lines3, 6, 7, 12, 13d 17) 19. Total Partial Payments Received for Fiscal Year to Date 20. Partiol Payment Requested (Line 18 minus Line 19) 40.002 16,828 1,294 0 0 0 1 0 3,882 .5 ,176 0 0 0 0 53,641 24,178 IST 2ND I 3RD METHOD OF PAYMENT INSTALLMENT INSTALLMENT INSTALLMENT -TOTAL 21. Requested Installment Payments 9.821 821 1 CERTIFY that housing assistance payments have been or will be made only with respect to units which. (1) are under (ease by Families at the time such housing swktWWA payments are trade except as otherwise provided in the Housing Amistance Payments Contracts and (2) the Housing Agency has within arta year prior to the making of such housing assistance payments, adequately irnpected or caused to be Inspected (including Inspection of grounds, facilities, and areas for the benefit and use of the fa W to assure that decent, safe and sanitary housing accommodations are being provided; that all applicable pro visions of the above numbered Contract4l>t�ff ency; and that this requisition for annual contributions has been exam- (ned by rete and to the best of my knowldge an &6 efao��and eo lets. Board of County Commissioners ;1 and legal ficiadc � TnAi nn Pitresr my 14, 1982�t / -� C (Date) 4.fi D. - - - , - .q_ (bis nature and HUD FIELD OFFICE APPROVAL I C ty- Attorne (Signature and Title of Official Authorized to Approue) REGIONAL ACCOUNTING DIVISION PAYMENT Prevalidated by: FOR MONTH OF (Signature) (Date) (Date) AMOUNT DATE CERTIFIED PAID CERTIFIED FOR BY PAYMENT pnittals) Tr1yn,C744i 4.,4,.4 ,Tt, ria 10')I, HUD -52663 U.S: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROJECT NUMBER (3-11) SECTION 8—HOUSING ASSISTANCE PAYMENTS PROGRAM L 2 9- E 1 3 2- 0 0 2 ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS TYPE OF LEASING METHOD ((:herb +,ne) 1121 1. (_] New Construction 2. Rehabilitation NAME AND ADDRESS OF PUBLIC HOUSING AGENCY: Indian River County Board of County Commissioners 3. Existing 1840 25th St., Suite S-321 FY ENDING 19% B3_ (13) Vero Beach, Fla. 32960 (1!� 1. Q March 31 2.QJune 30 3. = September 30 (13 mos.) HUD FIELD OFFICE: 4. [] December 31 U.S. Dept. Of HUD NUMBER OF DWELLING UNITS (15-18) 325 W.,iAdamd St.,:. 64 Jacksonville, Fla. 32202 NUMBER OF UNIT MONTHS 119-24) 647 SUBMISSION (25) Original 0 Revision HUD REGIONAL OFFICE: U.S. Dept. of HUD Richard B. Russell Federal Building Revision Number 75 Spring St., S.W. AC CONTRACT NUMBER Atlanta, Ga. 30303. -3 09 (2s1 APPROVED REQUESTED AMOUNT ESTIMATE OF LINE RE QUIR CD ANNUAL PER PIIA HUD 4UMBER ITEM DESCRIPTION CONTRIBUTIONS (Column 1) (Column 2) MODIFICATIONS (Cotui,an 3) 127-281 (29-38) (39-481 (49-581 14AXIMUM ANNUAL CONTR18UTION •;; ;:;; '' '�`� 215,112 Maximum Annual Contribution Authorized 02 Pta Maximum Annual Contributions Applicable to a Period of Less than 12 17,926 ' Months - 12 result x 1 %!;•;';�; ° •':•' ° Via,•;• 03. Maximum Annual Contributions for Fiscal Year (Line 01 plus 02) 233,038 Project Account—Balance of End of Current Fiscal j Year—Estimated or Actual 04. (Balance Previous Fiscal Year $ 0 ) �•: s•: :�:;° 0 233,038 05. Total Annual Contributions Available—Estimated or Actual (Line 03 plus Line 04) •:;:•,::'.•;�;�•,•.• ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (housing Assistance and Administration) 140,002 140,002 06. Housing Assistance Payments—Form HUD—$2672, Port I, Line 10 07. Administrative Fee—Form HUD -52672, Part 4ine 03 16 828 16,828 08. Independent Public Accountant Audit Costs 0 0 INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (Preliminary Costs) 0 0 49 Preliminary Administrative Expense—Prior to ACC—Form HUD -52671, Part IA, Line 10 Preliminary Administrative Expense—After ACC—Form HUD -52671, Port IB, Line 280 , 9,996 9,996 11. Nonexpendoble Equipment—Form HUD -52671, Part II, Line 350 7,600 7,600 12. Total Annual Contributions Required—Requested Year 174.426 174,426 13. Deficit at End of Current Year—Estimated or Actual 0 0 14. Total Annual Contributions Required 174,426 174,426 15. Excess Project Account Balance at End of Requested Fiscal Year (Line 05, •::;:•:°.; %;•;; '%•`' 58,612 Column 2 minus Line 13 Column 2) };. •. 16. Provision for Project Account—Requested Fiscal Year—Increose(Ueerease) (Line 15 58,612 minus Line 04) ::; ANNUAL CONTRIBUTIONS 233,038 17 Tota( Annual Contributions Approved—Requested Fiscal Year (Line 14, Column 2.............''�° !usIncrease,i o e 16 ':" •'%� Source of Total Annual Contributions Approved—Requested Fiscal Year: 18. (a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or •> :�:�:• 233, 038 Line 17, whichever is lesser) :;.;• 0 (b) Project Account (Line I Y4AYANAME AND TITLE OF PHA APPROVI G30FAUR"U ICIe C E DATE Don C. Scurlock, Jr. C 3oard of County Commis 'Lndian River County, F randen Urg July 14, 1982 NAME AND TITLE OF HUD FIELD OF DATE APPROVING OFFICIAL JUL 14 1982 'revious Edition is Obsoleto HUD- 74( . 12-77) FACE. �t3U K t w t• . . JUL14 N$L PROJECT NUMBER (3-11) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT F IL 1219]- E 1 3 2 SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM TYPE OF LEASING METHOD 12 one) ESTIMATE OF ,(Check REQUIRED ANNUAL CONTRIBUTIONS New Construction , � con Rehabillitatiitati zQ Existing 3 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY FY ENDING (13) Indian River County Board of County Commissioners 19k 83 (14) (Check..) 1840 25th St., Suite S-321, Mar 31 1 [] Sep 30 3] (13 mos) Vero Beach, Fla. 32960 - Jun 30 2 p Dec 31 40 NUMBER OF DWELLING UNITS (15-18) 64 HUD FIELD OFFICE HUD REGIONAL OFFICE U.S. Dept. of HUD U.S. Dept. of HUD 325 West Adams St. Richard B. Russell Fed. Bldg NUMBER OF UNIT MONTH -S-119-241 Jacksonville, Fla. 32202 75 Spring St., S.W. Atlanta, Ga. 30303 647 AC CONTRACT NUMBER SUBMISSION (25 A-3409 Original p Revision Revision No. PART I - ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (261 (27-28) (29) (30-331 (34-381 (39-43) (44-48) (49-54) (55-64) LINE SIZE OF DWELLING NO. OF DWELLING MONTHLY GROSS AMOUNT PAYABLE MONTHLY HOUSING UNIT MONTHS ANNUAL HOUSING NO. UNITS UNITS RENT STOW ASSISTANCE ASSISTANCE RID LEASE (1) (2) (3) GROSS RENT (4) (5) (6) (71 01 OBR 15 198 50 148 195 28,860 1 02 03 1BR 10 245 48 197 115 22,655 t 2BR 22 306 61 245 205 50,225 04 3BR 15 336 50 286 117 3 ,462 ' 05 •- ! 4BR 2 367 47 320 15 4,800 i 06 01 08 09 10 TOTAL 647 140,002 PART 2 - CALCULATION OF ADMINISTRATIVE FEE (26) (2 7-281 (29-34) (35-39 (40.44) (45-54) LINE NO. BASIS UNITMONTHS HUD -APPROVED 2 -BR ALLOWABLE ADMINISTRATIVE FAIR MARKET RENT PERCENT FEE (1T (21 (3) (4) 01 PER- CENT 647 306 .085 16,828.47 02 15.00 •sr;•: ' •'�•. , .� �, ii;As.;•'.•`%�: �w:: .�• ,:•. . .,,1�• 9,705.00 03 O.1wwa GHlllwe Ii wSJOL"atu HUD -52672 112.77) APPROVAL MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT The Board reviewed the following memo from the Executive Director of the Housing Authority: TO: Board of County Commissioners DATE: June 22, 1982 FI LE:' THRU: B. Hardin, Jr., Ph. D. Acting County Administrator SUBJECT: Request for Approval of Master Section 8 Annual Contributions Contract No. A 3409 FROM: EdZ J. " gin REFERENCES: Executive Director IRC Housing Authority The Department of Housing and Urban Development has submitted a Master Section 8 Annual Contributions Contract which is consistent with the motion passed by the County Commission at its meeting of October 21, 1981. The attached documents are for review and approval. The Housing Authority is supervising the administration of the Rental Assistance Program.for the County which is funded by the Department of HUD during FY 1982 in the amount of $225,060.00. We are currently authorized to assist 126 families; elderly, handicapped/disabled individuals. Currently, there are 108 units under lease and there is a waiting list of 160 families. This new contract adds 64 units and provides for an additional $212,112.00 in rental assistance annually. Once the contract is executed, we will have the capability of handling rental assistance for 190 families in any given month with finding totaling $440,172.00 annually: This is a five year contract with funding of $2,200,860.00. The documentation required by HUD for their final approval and execution of the contracts -is submitted for consideration and approval of the�Board of County Commissioners. (1) Five (5) copies of superseded Part 1 of the Annual Contributions Contract, for Project No. FU9-E132-002 reflecting the addition of 64 units and $215,112 in additional annual funding. (2) HUD Form 52673 & 52672, Estimate of Total Required Annual Contributions. (3) Two (2) HUD Form 52663, Requisition for Partial Payment of Annual Contributions. (a) Quarter ending 9/30/82 (b) Quarter ending 12/31/82 The start-up funds and additional administrative fees for the 64 units will cover their administrative costs. They will not add any administrative costs -- to the County. , Federal programs of assistance to low income families have been substant- ially cut during FY 1982 and will be cut further during FY 1983. There are no other currently available funds to provide an option to assist low income families with their rental housing needs in Indian River County. I recommend that the County Commission authorize the Chairman of the Board to execute these documents for transmittal to the Jacksonville office of HUD. 21 JUL 141992 nox 50 FAcf 456 J U L 141982 oti 50 pn, 457 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board by a 3 to 1 vote, Commissioner Fletcher voting in oppo- sition, approved Master Section 8 Annual Contributions Contract No. A-3409 and author- ized the signature of the Chairman. 22 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM MASTER SECTION.9 ANNUAL CONTRIBUTIONS CONTRACT NO. A-3409 ti NEW CONSTRUCTION, SUBSTANTIAL REHABILITATION, «,MODERATE REHABILITATION AND EXISTING HOUSING §{,t: : 4 x,. This sectl� S +��t.Ctrlbutl Contract (ACC) Is between the United States of America, acting through tht'Dipartment of Housing and Urban Development (HUD), under the United States Housing Act o-11937, 42 U.S.C. 1437, et sen- (Act), and the Department of HUD Act, 42 U.S.C. 3331, and 'IRIDIAN RIVER BOARD OF COPih1ISSIONERS (PHA)• w�► a pPubl� Ieus g agency° as a in In the Act. The parties agree as follows: a 0.1 PROJECT OR PROJECTS. , The PHA is undertaking to provide decent, safe, and sanitary using or E Igo le Families pursuant to section 8 of the Act by means of Housing Assistance Payments Contracts .(Contracts) with Owners. This may involve agreement for the use of housing to be constructed (New Construction), agreement for the use of existing housing to be substantially rehabilitated (Substantial Rehabilitation), agreement for the use of existing 'housing to be moderately rehabilitated (Moderate Rehabilitation), or the use of existing housing without substantial or moderate rehabilitation (Existing Housing). In each instance, the numbers and sizes of dwelling units with respect to which a certain maximum annual contributions commitment is made shall constitute a project under this ACC and shall be identified by a project number. 0.2 PART I, PART If AND PART III OF THIS ANNUAL CONTRIBUTIONS CONTRACT. (a) Certain provisions of this ACC, principally those which are specifically applicable to a designated project, are contained in Part I. Separate forms of Part I apply to different types of projects (i.e., New Construction and Substantial Rehabilitation (HUD -52520D), Moderate Rehabilitation (HUD -52520B' (SUPP)) and Existing Housing (HUD -52520B)). A separate Part 1, on the applicable form, has been executed with respect to each project. Each Part I is a part of this ACC. (b) Part If and Part III contain the remaining provisions of this ACC and are not executed separately. Part It (HUD52520C (SUPP), dated —October, ) is used for Existing Housing and Moderate Rehabilitation. Part 111 HUD -52520E9 dated August, 1980 ) is used for New Construction and Substantial Rehabilitation. (c) This ACC consists of the Master, appropriate Parts 19 and Parts 11 and/or 111, as applicable. 0.3 FISCAL YEAR. Except for the first fiscal year of each project, there shall be one fiscal year for all projects under this ACC. This fiscal year shall be the 12 -month .period ending SEPTEMBER 30 of each calendar year. The first fiscal year for each project shall be as .provided in the Part I applicable to the project. 0.4 COMPLIANCE WITH ACT, REGULATIONS, AND OTHER REQUIREMENTS. The PHA agrees to comply, and to require Owners to comply, with the U. S. Housing Act of .1937 and all applicable regulations and requirements. 0.5 SCHEDULE OF PROJECTS. Attached to this ACC, as Attachment A, is a list identifying each ACC Part 1 and ACC Part I amendment by project number, date, and ACC/HAP Contract List number and date. 0.6 PREVIOUS MASTER supersedes any previa A. United States of Amer Secretary of Housing a Urban Development By a APPS°%1 and W SUPERS This Master ACC (HUD -52520A (8-80) C for the projects Identified in Attachment PI4 INDIAN RIVER BOARD OF COUNTY 11'11111101 -- Chairman Official Title Official Title Date July 14 91982 q Date , 19 a *Type name of signatory under signature line.. Replaces HUD -52520A (10-79)9 _'=APPROVED AS TO F0F;I ll`'D which is obsolete. LEGAL SU1'ri%I'?; a i r { 45 HUD -52520A 8 JUL 141982 JUS. 50459'. •P,, i xf �. a �� � �„� � � -� a �e ���1 N0ov-, �� i i r i:'syt' 4 fur u ATTACHMENT A FL29 E132-001 A-78-495 (08/15/78) A- 82-043 (12/23/80) FL29-E132-002 A-82-0291 (3/11/82)• (b) Term of Lease and Contract. The term of each Lease shall be for not less than one year nor more than three years, but the Lease may contain a provision permitting termination upon 30 days advance written notice by either party. The term of each Contract shall be for the term of the Lease, provided that if a Family continues in occupancy after the expiration of the term on the same terms and conditions as the original Lease (or changes thereto which have been approved by the PfIA and incorporated in the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence. Any renewal of the Contract and Lease term. and any continuation of tenancy beyond the term, shall in no case extend beyond the term of this ACC. 1.4 Annual Contribution. (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between the Government and the PIIA, the Government shall not be obligated to make any Annual Contribution or any otlter'payment with respect to any Fiscal Year in excess of the amount stated in Section 1.1(c). (h) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government shall pay for each Fiscal Year an Annual Contribution to the PHA in respect to the Program in an amount equal to the sum of the following (subject to reduction by the amount of any Program Receipts other than Annual Con- tributions, which Receipts shall be available for Program Expenditures): ( I ) The amount of housing assistance payments payable during the Fiscal Yeah (see Section 1.5) by the PHA pursuant to. the Contract, as authorized in Section 1.2. (2) The allowance, in the amount approved by the Government, for preliminary costs of ad- ministration. (3) The allowance. in the amount approved by tile. Government, for regular costs of administra- tion, including costs of Government -required audits of Owners and the PHA. (c) , (1) An ACC reserve account will be established and maintained by the Government, as a specifi- cally identified and segregated account, in an amount as determined by the Government consistent with its responsibilities under section 8(c)(6) of the Act. To the extent funds are available in said account, the Annual Contribution for any Fiscal Year may exceed the maximum amount stated in paragraph (a) of this Section by such amount, if any, as may be required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. (2) The Government will take such additional steps authorized by section 8(c)(6) of the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely basis as a result of increases in Contract Rents or decreases in Family Incomes. (d) The Government will make periodic payments on account of each Annual Contribution upon requisition therefor by the AHA in the form prescribed by the Government. Each requisition shall include certi- fications by the PHA that housing assistance payments have been or will be made only: (1) In accordance with the provisions of the Contracts: and (2) With respect to units which the PHA has inspected or caused to be inspected, pursuant to Section 2.4 of Part 1i of this ACC, within one year prior to the making of such housing assistance payments. (e) Following the end of each Fiscal Year, the PHA shall promptly pay to the Government, unless other disposition is approved by the Government, the amount, if any, by which the total amount of the periodic payments during the Fiscal Year exceeds the total amount of the Annual Contribution payable for such Fiscal Year in accordance with this Section. 1.5 Fiscal Year. The Fiscal Year for the Program shall be the Fiscal Year established by Section 0.3 of this ACC: Provided, however, that the first Fiscal Year for the Project shall be the period beginning with the effective date of this ACC Part I and ending on the last day of said established Fiscal Year which is not less than 12 months after such effective date. If the first Fiscal Year exceeds 12 months, the maximum Annual Contribu- tion in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the period of opera- tion in excess of 12 months. 1.6 Periodic Adjustment of Contract Rents. Each Contract may provide for periodic adjustments in the Contract Rents chargeable by the Owner and commensurate increases in amounts of housing assistance payments in accordance with applicable Government regulations. 1.7 Equal Opportunity Housing Plan. The PHA shall comply with all provisions of its HUD -approved equal opportunity housing plan. " 1.8 h.xpeditious Carrying Out of Program. Tlic PHA shall proceed expeditiously with the Program. If the PHA fails to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with respect to the Program to the number and size of dwelling units under Contracts with Owners as of the date of receipt of'such notice by the PHA, with a corresponding reduction in the maximum amount of the Annual Contribution specified in Section I.I(c). I ' . HUD -525208 (5_76) JUL 14 1982 BOOK 2F).,, ® /�r n Er deg k Vi1. N4/ r nr y� ' JUL 1498 �Fhxa { ��t ...444 - ` .y:,:�t '• G r �� "ry°xv s1't t��.� �, t P'� iG�t%ar�'�-i. ' f . 1'Y U: S. DEPARTMENT 0F WUSiNG AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM ;n `* EXISTING HOUSING PART T'of the ANNUAL CONTRI BUTTONS CONTRACT - >t .� � -gA-3409 ,' Number of this 'ACC Part I i Master Section 8 ACC Number: A -3409E - Effective Date: [Date of execution by the Government of this ACC Part I] 1.1 The Program. (a) Projects Within Program. The Existing Housing Program under this ACC Part I includes the following projects: Project Number ACC List Number and Date of Approval FL29-E132-001 A-78-495 (08/15/78) FL29-E132-002 A-82-0291 (3/11/82) (b) Number of Units (By Size) in Program. The aggregate number of units by size of unit in- cluded in these projects is as follows: Size of Unit Number of Units 0 -BR ' ' .212 -Elderly - 0 Fami ly 1-1311 25 Elderly - 38 Family 2 -BR 3 Elderly - 67 Family 3 -BR 0 .Elderly - 3o Family 4 -BR 0 Elderly - 5 -Family TOTAL UNITS = 190 (c) Maximum ACC Amount. The maximum ACC amount for all Program Expenditures in respect to the aggregate number of units in these projects (the Program) is $ $440.,172. per year: Provided, however, that this amount shall be reduced commensurately with any reduction in the number of units ar changes in unit size under any provision of this ACC (see Section 1.40)). The PHA shall not enter into any' Contract or take any other action which will result: in a claim foran Annual Contribution in respect to the Pro- gram in excess of the amount stated in this paragraph (c). (d) PliA Obligation. The PHA, to the maximum extent feasible, shall enter into Housing Assistance Payments Contracts ("Contracts") in accordance with the numbers and sizes of units and subject to the maximum ACC amount specified above. (e) Meaning of "Project" as Used in Master ACC and Part ll. For purposes of this Part I the term "Project" wherever used in the Master Section 8 ACC and in Part 11 shall mean all the projects in the "Existing housing Program." 1.' Authorization of Actions by PHA. In order to carry out the Program, the PHA is authorized to (a) enter into I lousing Assistance Payments Contracts, (b) make housing assistance payments on behalf of Families, and (c) take all other necessary actions all in accordance with the forms, conditions and requirements prescribed or approved by the Government: Provided, however, that neither the PMA nor the Government shall assume any obligation beyond that provided in Contracts in the form approved by the Government. 1.3 Term of ACC.,Lease and Contract, (a) Term of ACC. The term of this ACC shall be five years. Page t of 3 Pape HUD -525208 (5-76) � s 1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Existing Housing ACC Parts 1,1f any. M " PHA INDIAN RIVER BOARD OF COUNTY C MISSI ERS By G Chairman (Official title) t � a�d�e to Jill -1 14, 1982 WRTED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT APPROVED AS TO FOR11 AND LEGAL SUFFICIENCY Area Counsel Page 3 of 3 Pages JUL 14 1982 By (Official title) Date JUL 141982 gM . � 463. DISCUSSION RE PRIVATE CULVERTS UNDER COUNTY ROAD R/W AND DRAINAGE PROBLEMS FROM DRIVEWAYS It was agreed -to combine the agenda items re private' culverts under County right-of-way and re drainage problems from driveways, both of which tie in with the same problems. Commissioner Fletcher stated that the problem he is finding in the north end of the County is that there are old driveways which were put in prior to current rules and regulations, and they are blocking the drainage in the swale ditches. He wanted to learn how -we might go about solving this problem. He then cited the situation brought to his attention by Aubrey Waddell, who informed him that the County is saying that he must dig up the road and replace the old culvert which runs underneath Barber Avenue west of Lateral A and drains his grove. Commissioner Fletcher posed the question of how such a situation would be handled if this were a paved road. Chairman Scurlock noted that he was involved with a similar situation once with the City of Vero Beach. They required him to buy the pipe needed to solve his problem, and then the City crew, which was working in that area, actually made the improvement. Discussion continued re the drainage problems caused by people blocking the swales when building driveways and the difficulties facing the Public Works Director in trying to cure these problems. It was noted that there are provisions in the present Subdivision Regulation Ordinance addressing driveways, but these are problems carrying over from the past. Chairman Scurlock felt there should be an on-going program where we identify a -section and start working on it rather than dealing with one situation at a time, and we should develop a formula for joint participation. He also felt there is a need for an education process as many 23 s people, especially those new to Florida, do not understand the drainage problems they create by blocking the swales. Discussion followed on the possibility of using the special Assessment Ordinance as a vehicle to work with this situation. Public Works Director Davis explained that when petitions are received under the Petition Paving Program, the Engineering Department also designs drainage in that area. At the current time there is a meeting scheduled Friday in regard to three streets which are to be addressed in this manner; at that meeting recommendations will be made to the property owners as to drainage, and they will be given an option re culverts. Mr. Davis informed the Board that the City of Vero Beach not only designs the whole thing, but they assess for everything, including culverts; their cost per front foot for improvements are, accordingly, much higher than ours. He continued that we do have drainage crews, but they are working on a more or less crisis basis rather than on an on-going program. Chairman Scurlock emphasized that we should have an on-going program of maintaining and improving rather than just dealing with crises, and he believed we will have to get more aggressive in trying to prevent these problems. Considerable discussion ensued as to the need for a stronger ordinance to allow for better enforcement and also in regard to the legal aspects of the right-of-way problem and what authority the County crew has to act. It was noted that the property in the right-of-way does belong to the County, and it is there for a specific purpose. Attorney Brandenburg stated that the County has the privilege of removing any improvements the property owner places in the right-of-way. He noted the difficulty is that if we are going to make the improvements ourselves, we are going to have to find some mechanism to charge them back to the property owner. 24 BOOK 50 rAnt 404 JUL 14 1982 I JUL 141982 o 50 FAtE-405 Chairman Scurlock suggested this be referred back to the Public Works Director and County Attorney to come up with some recommendations. Discussion continued on handling this under a special assessment type program, and Commissioner Bird asked if there is any way to aim the assessment at those who cause the problem. Assistant County Attorney Paull felt it would be awfully hard to justify putting the cost on one individual when the improvement will benefit all the property owners involved. Commissioner Lyons believed we should have some standards, and if someone does not follow the standards, then he should be the one responsible to pay for the change. This would serve to protect neighbors from somebody who doesn't care what happens to those surrounding him, and possibly this could be handled by the Enforcement Board that we have been talking about since they can levy fines. Commissioner Fletcher raised the question as to whether we want private owners to be digging up County roads to place their own culverts from the standpoint of maintenance liability, and Mr. Davis agreed this does cause problems. Mr. Davis explained that any work in the right-of-way requires a permit and we require drawings. The real problem is that we don't have enough inspectors to monitor all the work being done in the county, and right now we mainly learn of these problems through complaints. He felt that enforcement is about 60% of the game. Assistant Attorney Paull pointed out that enforcement of a permit is not necessarily as easy as enforcement of an ordinance, and he believed a right-of-way permitting ordinance would provide a better enforcement vehicle. Mr. Paull recommended that the Attorney's office draft something 25 of this sort, and it was agreed that staff should come back with a recommendation as previously discussed. ROAD ACCEPTANCE - DEARIE PINES The Board reviewed the following staff memo: TO: The Honorable Members of the DATE: June 22, 1982 FILE: Board of County Commissioners THRU: Dr. C.B. Hardin, Jr., PhD Acting County Administrator SUBJECT: Road Acceptance - Dearie Pines FROM: James W. Davis, REFERENCES: Public Works Dir ctor DESCRIPTION AND CONDITIONS Mortimer Parkway Subdivision is an old subdivision north of State Road 60. It was platted in 1925. The entire Subdivision was purchased and the street (55th Avenue) was improved but the area was not replatted. However, the name has been changed to Dearie Pines (see Board Minutes 9/6/78). These minutes state that a cash bond was accepted by the County in lieu of completion of the street with the understanding that no drawdown could be made until the road is approved and accepted by the County. Since this time the bond has been released (as per Finance Dept. check released 2/13/79), but there is no record of the road being formally accepted by the County. The Public Works Department has received several complaints in this area and would like to know whether this is ours to maintain or not. ALTERNATIVES AND ANALYSIS Alternative No. 1 The County should accept this road for maintenance. Alternative No. 2 The County should not accept this road for maintenance. RECOMMENDATION AND FUNDING The Public Works Department recommends Alternative No. 1 since that action seems to have been implied by the Board proceedings described earlier. The new owner/developer would also like this action to be taken (see attached letter). No funding is applicable. Mr. Davis reported that he has received a couple of drainage complaints just recently in this area, but he did not want to do any improvements until the Board 'formally accepted the road for maintenance. Mr. Davis stated that staff's recommendation is that the Board accept the 26 JUL 14 1982 BOOK' 50 P -.u 6 J UL 141982 Qo 4 6 7 L improvements after the drainage problems are resolved by the developer or property owners, and they bring this up to County standards and to an acceptable drainage pattern. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously accepted the above recommendation of the Public Works Director re acceptance of the road in Dearie Pines. MUNICIPAL SERVICE TAXING UNIT FOR VERO LAKE ESTATES AREA Public Works Director Davis reviewed staff recommendations as set out in the following memo: TO: The Honorable Members of the Board of County Commissioners THRU: Dr. C.B. Hardin, Jr.,PhD Acting County Administrator FROM: James W. Davis, P.E., Public Works Director Description and Conditions DATE: June 24, 1982 FILE: SUBJECT: Establishment of a Municipal Service Taxing Unit for the Vero Lake Estates Area REFERENCES: Gary Brandenburg to Jim Davis dated Jan. 11, 1982 . In the late 1950's the platting of Vero Lake Estates Subdivision located south of CR 512 west of CR 510 created 9,000 individual lots of approximately 4 acre lots each. The 70 miles of roads in this subdivision were all constructed of marl and shell,none of which were paved. Since platting, few lots were im- proved upon and the roads have become overgrown with trees and vegetation. Furthermore, the drainage facilities are overgrown and silted in with material. As the County grows, the owners of the lots are beginning to build homes and are finding the roads and drainage unusable. The property taxes which the County receives for each lot (approximately $4.00 per year) does not generate enough revenue to pay for opening the roads and improving drainage. As a result, the road and drainage improvements are being subsidized by all taxpayers of Indian River County. Alternatives and Analysis The following alternatives:are presented: Alternative No. 1 To maintain roads and drainage in this area, the County may establish -a - Municipal Service Taxing Unit especially for road and drainage purposes. 27 Equipment can be purchased and personnel hired to work this area on a continuing basis. Perhaps lots can be purchased for drainage retention areas. The exist- ing drainage situation is not adequate. This alternative would relieve the general burden that all tax payers are now subsidizing, and impact to the County Road and Bridge Division would be minimized. Alternative No. 2 The County presently maintains only a portion (approximately 300) of the roads in this area. In 1980, the County took the position that no additional roads or drainage facilities would be maintained. As a result, some platted lots are inaccessible. This condition can remain under this present policy and the County continue to take this posture. The existing burden of main- taining those roads presently maintained continue to be shared by all tax payers. Recommendations and Funding It is recommended that the County Public Works Director, County Attorney, and County Administrator be authorized to proceed in implementing Alternative No. 1 whereby a Municipal Service Taxing Unit be established for road and drainage improvements and maintenance. A report will be prepared and submitted to the Board of County Commissioners for approval. There are no funding con- siderations at this time. Mr. Davis emphasized that the impact as this subdivision, which contains about 9,000 lots, builds out, could be devastating to the Public Works Department operation. Many of these lots were bought years ago by individual owners, and it was Mr. Davis' recommendation that the Board consider setting up a Special Taxing District for roads and drainage in this area to deal with this problem before we are overcome by it. He continued that he had been told of a very old drainage district in this area, which has been dormant for years, and he would like to pursue that to see if it can be restored. If not, he felt the only recourse is an MSTU for road maintenance and drainage in this area. Commissioner Lyons commented on the suggestion made re purchasing some of these lots for drainage retention areas, and Mr. Davis explained that there is no way this area could handle a built -out situation since everything is channeled into the 510 canal, which is the only canal outfall. He felt the proper procedure would be to formulate a complete drainage plan for the area while it is still relatively undeveloped. 28 JUL 14 1982 B90K 50 PACE 468 0 JUL 141982 anri 50 F 469 Chairman Scurlock brought up the problem of a "dual" payment by some of the taxpayers, and Mr. Davis suggested the possibility that certain roads could be isolated as collector roads and not become a part of the District. - Chairman Scurlock asked if some sort of conceptual approval was desired to work with the Attorney and come up with some type of program, and Mr. Davis stated that he just wanted to present the idea of taking the lead in some areas such as this. Some discussion ensued about the first taxes from the District being used for an engineering study, and Commissioner Fletcher informed the Board that this area also is not included in the Mosquito Control District and they would like to be. In further discussion it was felt the possibility of an existing drainage district for Vero Lake'Estates should be researched, and the Board agreed that something should be done before this becomes a crisis problem. The Chairman instructed the Public Works Director to pursue this matter as discussed. PROPOSAL RE ABANDONMENT OF FEC RAILWAY CROSSING at 4th Place The Board reviewed the following memo: TO: The Honorable Members of the DATE: June 21, 1982 FILE: Board of County Commissioners THRU: Dr. C.B. Hardin,Jr., PhD Acting County Administrator SUBJECT: Proposal to Abandon FEC Railway Crossing at 4th Place and Opening of New Crossing at 4th Street q FROM: James W. Davis, P.E. , U REFERENCES: David P. Young, DOT District Railroad Public Works Director Coordinator to James W. Davis dated May 26, 1982 DESCRIPTIONS AND CONDITIONS The Florida East Coast Railway has indicated that costly repairs are necessary t:, upgrade the 4th Place Railroad Crossing. A concrete crossing which may cost as much as $15,000. is proposed by the FEC. 29 ALTERNATIVES AND ANALYSIS The length of roadway known as 4th Place is approximately 1300' lying between Old Dixie Highway and US Highway 1. The majority of the traffic using this connection originates from or is directed to '4th Street, approx- imately 300' to the South. The County has a 70' wide right-of-way east of Old -Dixie Highway which lines up with 4th Street west of Old Dixie, however, this portion is closed east of the FEC for a short 150' length. RECOMMATIONS AND FUNDING To avoid the present off -set configuration between US 1 and Old Dixie Highway along the 4th Street (Citrus Road) and 4th Place right of ways and to conform with the County's Thoroughfare Plan, and to provide a future link to a southerly extension of Indian River Boulevard, it. is recommended that the County begin the process of abandoning the 4th Place Crossing and open a new crossing at 4th Street. The approximate cost is estimated to be $40,000. existing right of way is adequate. Funding shall come from the Road and Bridge Division's budgeted funds. Public Works Director Davis emphasized that 4th Place is not the proper location for a crossing in this area and that it should be shifted south a couple hundred feet to fit in with our Thoroughfare Plan. He commented that we would probably want to improve a short section of the road, and the estimated cost of $40,000 would be for everything. He noted that $15,000 will be spent in any event if they improve the 4th Place crossing. Commissioner Lyons agreed that 4th Place is a very bad place for such a crossing and believed this is a great opportunity to -get away from it. Commissioner Bird noted that this would be a dirt road - the $40,000 would not give us a paved road and a railroad crossing. Mr. Davis agreed, but noted that it is a very short section of road. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously authorized staff to begin the process of abandoning the 4th Place Railroad Crossing and opening a new crossing at 4th Street. 30 JUL 14 1982 ROOK 50 FACE 7O J U L 14 1982 .Q RELEASE OF PERFORMANCE BOND - WEST LAKE PARK SUBDV. The Board reviewed staff recommendation, as follows: TO: The Honorable Members of the DATE: June 11, 1982 FILE: - Board of County Commissioners THRU: Dr. C. B. Hardin, Acting County Administrator SUBJECT: Request for Release of Performance Bond - West Lake Park Subdivision FROM: James W. Davis, P.E. , REFERENCES: Gordon B. Johnston, Attorney, to Public Works Director Neil A. Nelson dated February 8, 1982 DESCRIPTION AND CONDITIONS Mr. Gordon Johnston, Attorney, representing Joe Bergamino, devbloper, is requesting release of a $1,100. seeding maintenance bond. ALTERNATIVES AND ANALYSIS Inspection of the development by the Public Works Department staff has indicated that seeding has germinated and that the developer has complied with all Subdivision Regulation requirements. The only alternative recommended is to approve release of the $1100. bond. RECOMYOMATIONS AND FUNDING It is recommended that a motion be made to release the $1,100. bond to Joe Bergamino, developer, for West Lake Park Subdivision. I Funding to come from the County's Escrow Account. ON MOTION by Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unanimously authorized the release of a $1,100 seeding maintenance bond to Joe Bergamino, developer, for West Lake Park Subdivision. DOT INTERSECTION IMPROVEMENT - 17TH STREET & U.S.1 Public Works Director Davis went over the history of the proposed improvements at the 17th St./U.S.1 intersection, as set out in the following memo: 31 TO: The Honorable Members of the Board of County Commissioners THRU:Dr. C.B. Hardin, Jr., PhD Acting County Administrator DATE: June 25, 1982 FILE: SUBJ ECT:FDOT Intersection Improvement 17th Street/US 1 FROM: James W. Davis,P.E. Oel, REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS Briefly, the history of proposed improvements to the west leg of the subject intersection began in 1980 with FDOT designing the project and unsuccessfully bidding for construction in February and June of 1981 due to excessive cost. The project was then locally simulated by incorporation within the Sixteenth Street Traffic Improvement Plan (February 1982). FDOT was requested to re -bid the project in January 1982. Their response (see attached letter dated January 25, 1982) indicated a desire to modify the project to lessen cost and that the City of Vero Beach and County investigate closing the project's roadway segment to through traffic as a way to reduce cost. Public meeting was held on June 9, 1982 to discuss the proposed roadway closure with local property owners and merchants. Results of the meeting (see attached memorandum from Clifford J. Suthard, dated June 24, 1982) clearly indicated that closing the roadway to through traffic would be unacceptable to local property owners and merchants. ALTERNATIVES AND ANALYSIS It is necessary to proceed with a determination of the County's position regarding the timing, phasing, funding, and traffic maintenance of the subject project _ and to inform FDOT of the County's position to let FDOT proceed with or deactivate the project. Alternative # 1 Obtain maximum funding from FDOT This will involve the following: 1. Closing 17th Street to through traffic; 2. Constructing the project at FDOT's convenience, which may or may not occur simultaneously with the County's 16th Street construction. Advantages and disadvantages: A. Cost to the County would be minimized; B. The local merchants and property owners will object closing - 17th Street to.through traffic; C. Coordination with the 16th Street project will not be ensured. Alternative # 2 Give local merchants and property owners ultimate consideration This will involve the following activities: 1. Maintaining through traffic on 17th Street; 2. Coordinate the project with the 16th Street project at the County's convenience, start date approximately May 1, 1983; 3. Assume all or some costs (maximum $200,000.00) of the project resulting from delay and/or excessive budget. 32 L- JUL 14 1982 BOOK 50 PA.0 472 A73 JUL 141982 Pam 50 mr. Advantages and disadvantages: A. Public support; B. Project coordination between the FDOT improvement and the County's,16th Street T.I.P. will minimize disturbance to: local merchants during the summer season; C. The County may be required to assume all costs of the project if FDOT cannot schedule at a later date, or the balance of funds required to maintain traffic over FDOT's project budget. RECONS ENDATION Alternative # 2 is recommended since both roadway projects (FDOT and 16th Street) can be coordinated (1) during the off-peak traffic season and (2) to reduce disturbance to local property owners and merchants. Local funding which may be required,if all or part of FDOT funds are lost, are available through the local Transportation Trust Fund account in Tallahassee. Mr. Davis noted that the merchants in this area do want the project and feel the improvement is necessary, but they object to closing the road to through traffic because of economic impact on their business. Their concern is that DOT would be constructing their project one time and the County doing its project at another time and they would be disrupted twice. They, therefore, are requesting that these projects be coordinated to proceed simultaneously, and they do not want construction going on during the peak winter season. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously accepted Alternative #2 of the Public Works Director's memo dated June 25, 1982. AMBULANCE SQUAD RADIO EQUIPMENT MAINTENANCE CONTRACT The Board reviewed the following staff recommendation and attached memo from the Assistant County Attorney: 33 � � r TO: The Honorable Members of DATE: June 30, 1982 FILE: the Board of County Commissioners SUBJECT: Ambulance Squad Radio THRU: C. B_ Hardin, Jr., Ph. D. Equipment Maintenance Contract Acting County Administrator t FROM: Lynn Williams REFERENCES: Acting Gener$ Services Director DESCRIPTION AND CONDITIONS t In March, 1980, an Emergency Radio System was purchased by the County for the Volunteer Ambulance Squad through Federal Grant monies. The radio system was purchased with a one year warranty included from the General Electric Company. General Electric contracted Communications of Vero to maintain the radio equipment for the period of original warranty which expired in April of 1982. Communications of Vero has continued maintaining the equipment beyond the warranty period without the benefit of a contract. Staff was contacted by Communications of Vero with a proposal for a service contract on the equipment for the up -coming year. There were no specific arrangements made for maintenance of this equipment beyond the original warranty. The radio equipment remains the property of Indian River County and is covered by the County's Insurance Policies. ALTERNATIVES AND ANALYSIS Since the original equipment warranty expired in April, Communications has continued a service contract on verbal authorization at the rate of $290 per month. This is the same rate General Electric paid for Communications of Vero to maintain the equipment during the warranty period. The County owes Communications for the period of April, 1982 through July, 1982. The proposal from Communications is for a one (1) year contract of preventative maintenance and repairs. Increase in rate is due to expiration in warranty. The Service Contract has been included in the Building Operations Budget for fiscal year 182-83. Account number 001-220-519-34.19, - Other Communications. RECOMMENDATIONS AND FUNDING Staff recommends approval of the contract as proposed with the clarifications and exceptions noted in the Assistant County Attorney, Christopher Paull's, memo of June 29, 1982. Staff recommends approval for a period of two months so as to align the renewal date with our fiscal year. This service contract would then be open for competitive bids. Staff recommends transfer of funds from the Board of County Commission Contingency Account#001-199-513-99.91 to Building Operations - Other Communications Account #001-220-519-34.19 in the amount of $1,815 to pay the remainder of fiscal 1982 and back payments April through July. 34 JUL 14 1982 BOOK 50 'FAE 4 " JUL 141982 Poop 50 F* 75 G 1 1 i t1 A .a 4A�i TO: Lynn Williams DATE: June 29, 1982 FILE:. Building & Grounds Superintendent SUBJECT: service Contract on Communications Equipment i FROM: Christoph J. Paull REFERENCES: Assistant County Attorney I have reviewed the proposed service contract submitted to you by Communications of Vero Beach and have the following comments: 1- The contract as written does not clearly indicate that the service provider will pay for all parts and materials required for maintenance or repair of equipment. The contract only specifies that "adjustments and repairs" will be made. The understanding should be that the costs of any parts or materials inoluded to make the adjustments or repairs is covered by the monthly price. While I feel this was intended to have been covered in the present language, I would recommend that you have Mr. Stork confirm their intentions on this point. This could be done in letter form signed by Mr. Stork. 2- Note that the contract states that emergency service will be provided as often as required "without additional charge" during normal work hours, but makes no reference as to charges for emergency service during abnormal hours. I would think that emergency service may need to be provided at any time of day or night, and that the contract should specify what "additional charge" will be made for emergency service performed after normal hours. 3- Note that the contract provides for automatic renewals unless either party gives notice prior to the renewal. Be careful come renewal time, as you would have to stick with renewal for up to ninety days before you could terminate. 4- The price offered by CVB seems awfully high. Have you considered bidding this contract? Overall, the agreement does not appear to be objectionable as presently written, with the above exceptions. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the Communications Maintenance Service Contract per recommendation in staff memo of June 30, 1982, and authorized the signature of the Chairman. 35 ' ` 1 Contract No. D5012020(C) CO M MUNI CAT IONS MAINTENANCE SERVICE CONTRACT COMMUNICATIONS OF VERO BEACH VERO BEACH, FLORIDA COMMUNICATIONS OF VERO BEACH (hereinafter referred to as CVB) agrees for the period of this contract to provide the services listed Below in accordance with the provisions on the reverse side of this contract, to the communications equipment listed in the Service Schedule attached for: INDIAN RIVER COUNTY COMMISSION �df (Customer's Name) ' i 1840 25th Street (Street Address) Vero Beach, Florida 32960 (City, State) PREVENTATIVE MAINTENANCE per paragraph 1. EMERGENCY SERVICE on request and without limit as to the number of calls, per paragraph 2. months This contract is for a period of tWI , beginning August 1 , 1982 and ending September 30, 1982. It is agreed Customer will pay in advance for the above semires at the rate of $ 3 2 7. 5 0 per month. -- Accepted this twenty second day Accepted this 14th day of June ,19 82 of July ,19 82 Indian River County Commission COMMUNICATIOONS OF VERO BEACH (Customer) By: Gf/^iI ,[o sy General Manager ChaiIII]BLl ; Approved (Title) 51(Titlg)i; 894I POP - r1AA.b:3 4 9 r eJUL,14 1992 Box 50 FACE 477 1. PREVENTATIVE MAINTENANCE: CVB will, in accordance with its standard practice, inspect the communications equipment listed in the schedule attached, hereto and made a part hereof, and make such repairs and adjustments as may be necessary to maintain the equipment in normal operating condition, provided that such services and maintenance, are necessitated by normal usage of the equipment as determined by CVB. Preventative maintenance inspections will be rendered to the equipment during the normal working hours 8 a,m. through 5 p.m. Monday through Friday. 2. EMERGENCY SERVICE: ,A) Base Stations) -upon receipt of notice of the failure of the base station equipment listed in the.attached schedule to function properly, while in normal usage CVB will promptly assign a service representative, subject to, prior commitment, to make repairs or adjustments to place the base station equipment in normal operating condition, This service will be provided as often as required during normal work hours and customary work week schedule without additional charge B) Mobile units) -Upon the failure of a mobile unit(s) listed in the attached schedule to function properly while in normal usage, CVB will promptly assign a service representative, subject to prior commitment, to make repairs or' adjustments to place the mobile unit (s) in normal operating condition. This service will be provided as often as required during the normal work hours and customary work week without additional charge. Service to mobile unit(s) will be performed at CVB drive-in service facility in Vero Beach, Florida. 3. DEMAND SERVICE: Reinstallation of exsisting equipment in other vehicles, installation of additinal equipment, service of towers, tower lights, antennas, transmission lines, remote lines, repairs of equipment caused by other than normal usage, and other additional services not provided for in the charges v under this agreement a +-1-, -g 040@ "!T will be furnished by CVB at its prevailing service rates. 4. GENERAL PROVISIONS: A) CVB will exercise its best efforts in performing the above services and Customer agrees that in connection herewith CVB does not assume responsibility for delays or failure in furnishing parts or services hereunder caused by Acts of God, Government, strikes, failure of transportation and causes beyond the control of CVB for injury or damage to person or property on the premises or from the interruption in the operation of equipment serviced hereunder or for any cause beyond control of CVB or for any consequential damages whatsoever. B) The extent of preventative maintenance repairs and equipment adjustments made hereunder will be subject to the time the equipment is made available by Customer for such services.' C) The agreement shall be continued for additional yearly periods after the initial term specified on the reverse side hereof provided, however, that either party may terminate this agreement by giving the other ninety (90) days written notice. D) if CVB finds it necessary to revise rates for the services provided herein, CVB will give the customer sixty (60) days written notice prior to the effec- tive date of such increase. Customer may, at his option, cancel this agree- ment by giving written notice to CVB within thirty (30) days after receipt of such notice. E) The above rates do not include federal, state or local taxes, Customer agrees to pay any such taxes unless suitable tax exemption certificates are issued. F) This contract covers equipment in the attached schedule and such additional equipment hereafter installed as part of the communications system. When new equipment is added CVB will adjust this schedule listing such additional equipment and the new schedule will then become a part of this contract, superseding previous schedule. The contract price will be increased in accordance with the unit rates listed in the attached schedule and the effective date of such increase will be the first day of the next month. G) CVB will maintain the equipment so that its performance will equal or exceed published specifications. CVB, however, does not assume responsibility for signal strength, signal to interference rations and/or signal conditions beyond the control of CVB. H) If circuit or component adjustments or alterations become necessary as a result of changes in transmission standards, changes in or additions to band assignments by the U.S. Government, or the licensing of communications systems by the Federal Communications Commission, such work, if technically feasible, will be performed by CVB upon Customer's request, as promptly as possible-, at CVB's prevailing rates for labor and materials. I) CVB shall not be responsible for modifying, making additions to or modernizing the communications systems as the technical art progresses. Such work, if technically feasible, will be performed by CVB upon Customer's request as promptly as possible, at CVB's prevailing rates for labor and materials. J) If the communications equipment has been altered or repaired by others in any way that in the opinion of CVB affects reliability or detracts from the performance thereof or if the communications equipment has been subjected to misuse through negligence or otherwise CVB will submit to Customer a description of the work to be done and request Customer's consent to restore the communications equipment to normal operating condition at CVB prevailing rates for labor and materials. If Customer does not agree to have CVB restore the communications equipment to normal operating condition CVB will have the right to terminate its obligations under this contract. K) CVB assumes no liability with respect to the installation, service and maintenance of motor generators, batteries, or other devices required or used for furnished power to the communications equipment, nor to the effects ron transmission or reception produced.by or emanating from such power supplies !_ unless such power supplies are included in the attached schedule. L) This agreement does not cover service or maintenance in connection with remote control lines including lines supplied by Telephone companies. Services required because of such lines and time required to localize trouble to such lines will be billed at CVB's prevailing rates. M) This agreement does not cover -service, maintenance or repair necessitated by loss or damage resulting from any cause beyond the control of CVB', includ- ing but not limited to loss incurred in transportation, or loss due to fire, water, windstorm, hail lightning,"theft, or any other cause originating outside the communications system. With respect to any such loss or damage CVB will request Customers approval to restore the equipment to normal operating condition at CVB's prevailing rates for labor and materials. If customer does not agree to have CVB restore the communications equipment to normal operating condition, CVB shall have the right to terminate its obligation under this contract. J U L 141992 � : � � 478 17 I JUL141982 SPECIAL PROVISIONS: EQUIPMENT SCHEDULE: 2 High power Base Station Repeaters 1 Console 3 Remote Control Units 7 Vehicular Repeaters 6 Handheld Radios w/ EKG modulars o arc 50 FAH 470 COST EXTENDED EACH COST 42.00 84.00 32.00 32.00 3.50 10.50 18.00 126.00 12.50 75.00 TOTAL COST PER MONTH: $327.50 BID #123 - 1982 ECONOMY PICKUP TRUCK Staff recommendation is as follows: TO: Board of County Commissioners DATE: June 25, 1982 FILE: SUBJECT: IRC Bid #123 - New 1982 Economy THRU: C. B. Hardin, Jr., Ph.D. Pickup Truck Acting County Administrator FROM: carol ytGood`�r4i ch 7& REFERENCES: Purchasing Division Manager I. -Description and Conditions t The Board approved at the May 26, 1982 meeting, the transfer of $17,500 from Account #111-214-541-66-44 (Traffic Signals and Markers) into Account #111-214-541-66-42 (Automotive) to replace Vehicle #100 (1975 Chev. Sign Truck) and Vehicle #73 (1973 Ford Maverick). Bids were received June 22, 1982, at 11:00 A.M. for (1) 1982 Economy Pickup Truck. 20 Bid Proposals were sent out. Of the 7 Bidders responding, 2 were "No Bids." 2. Alternatives and Analysis The low bidder was Roger Whitley Chevrolet, Tampa in the amount of $7079.00. This bid is subject to availability from stock, because 1982 models are no longer being purchased. The second low bid is also from Roger Whitley Chevrolet for a 1983 in the amount of $7258.00, with a delivery time of 45-60 days after receipt of order. The Purchasing Department telephoned Roger Whitley Chevrolet in regards to delivery. They stated that should a 1982 not be available from stock, delivery of a 1983 should be able to be made by September 13, the final delivery date for items in 81-82 fiscal year, however they will not guarantee it. The_next low bid was submitted by Fred Coyne Chevrolet in the amount of $7266.00 for a 1982, with 36 days required for delivery after receipt of order. Fred Coyne Chevrolet also submitted an alternate bid for a short bed (6') truck, in the amount of $6892.00, delivery time of 3 days. 3. Recommendation and Funding It is recommended that the bid be awarded to Roger Whitley Chevrolet for a 1982, if available from stock. If not available, we recommend acceptance of Roger Whitley Chevrolets bid for a 1983 Chevrolet S-10 in the amount of $7258.00, contingent upon delivery by September 13, 1982. - There.is $17,500 in Account #111-214-541-66-42 for the purchase of 2 trucks. Lynn Williams, Acting General Services Director, explained that the recommendation for acceptance based on a delivery date of September 13th is due to the need to receive the truck before the end of this fiscal year. 36 UL 4 1982 DOOK .. ® F4E 80 Fr­ JUL 14 1982 Commissioner Fletcher wished to know if we are, replacing a 1 ton truck with an economy pickup, and Mr. Williams confirmed -that they are going with the smaller truck for reasons of economy. - Question arose on the economics involved in buying a truck in Tampa from the standpoint of warranty as opposed to buying something close by, and whether the availability of service plus uncertain delivery date would be justification for going local. Discussion ensued as to how buying out of town affects the warranty, and Mr. Williams noted that the truck is under a factory guarantee and it can be serviced locally under the warranty. In further discussion, it was felt if we have another bidder who is competitive, we should not discourage them. ON MOTION by Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unani- mously awarded Bid #123 to low bidder Roger Whitley Chevrolet of Tampa for._a new 1982 Economy Pickup Truck, if available from stock, and if not available, agreed to accept the bid of Roger Whitley Chevrolet for a 1983 Chevrolet 5-10, in the amount of $7,258.00, contingent upon delivery by September 13, 1982. BID #124 - 1982 ONE TON H.D. TRUCK The Board reviewed the following staff recommendation: 37 TO: Board of County Commissioners DATE: June 25, 1982 FILE: THRU: C. B. Hardin, Jr., Ph.D. SUBJECT: IRC Bid #124 - (1) 1982 One Ton, Acting County Administrator H.D. Truck, Cab & Chassis G.�E'R..2.�t� FROM: Carolyn Goodrich REFERENCES: Purchasing Division Manager 1. Description and Conditions The Board approved at the May 26, 1982 meeting, the transfer of $17,500 from Account #111-214-541-66-44 (Traffic Signals and Markers) into Account #111-214-541-66-42 (Automotive) to replace Vehicle #100 (1975 Chevrolet Sign Truck) and Vehicle #73 (1973 Ford Maverick). Bids were received June 22, 1982, at 11:00 A.M. for (1) 1982 One Ton; H.D. Truck, Cab & Chassis. - 15 Bid Proposals were sent out. "No Bid". 2.`Alternatives and Analysis Of the -4 bidders responding, 1 was a t The low bidder was Sunshine Dodge for a 1983 Dodge in the amount of $8882.90, with a delivery time of 60 days after August 1, 1982. The Purchasing Department telephoned Mr. Ed Mckenna of Sunshine Dodge regarding delivery.-. Mr. McKenna said that he telephoned the factory and delivery could probably -'be made by September 13, 1982, however they will not guarantee it. 3. Recommendations and.Funding It is recommended that the bid be awarded to Sunshine Dodge for a 1983 Dodge in the amount of $8882.90, contingent upon delivery by September 13, 1982. Commissioner Fletcher asked if these trucks are being replaced, and if they are)what is done with the old trucks. Mr. Williams explained that these two trucks were approved several months ago; they were not in the budget before. He believed the 1975 Maverick has been assigned to the lifeguard at Wabasso Beach Park. Commissioner Fletcher requested that in the future the Board be informed as to the disposition of the old vehicles. JUL 14 1982 38 BOOK '50 rAu 482 'JUL 141982 ON 50 FA.G.E 483 ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously -awarded bid #124 for a 1983 1 Ton H.D. Dodge Truck to low bidder Sunshine Dodge, in the amount of $8882.90, contingent upon delivery by September 13, 1982. Mr. Williams noted that as they get near the end of the year, they are faced with a delivery date of September 13th, ,and this puts a hardshipon them on bidding these items since several bidders stated they could not meet the deadline on delivery. He suggested that possibly we could encumber these funds, and this might help us accept a 1982 truck which might not be delivered until after the end of the fiscal year. He stated they are faced with about five of these situations. Several alternatives for handling this were discussed, and it was suggested that Mr. Williams work this out with the Finance Department. AUDIT SELECTION COMMITTEE REPORT The Board reviewed the following memo: July 13, 1982 To: Board of County Commissioners From: Jeffrey K. Barton, Finance Director Subject: Audit Firm Nominations The Audit Selection Committee met on Friday, July 9, 1982, at 2:00 P.M. and proposed that the following five (5) firms be referred to the Board in alpha- betical order: Alexander Grant & CGfmpany Cherry, Bekaert & Hr?lland Deloitte, Haskins & Se -is Ernest & Wh i-nney May Zima & Co. it is the request of the Audit Selection Committee that if the Board decides to conduct personnel interviews with each of the five (5) firms, that the Audit Selection Committee be invited. W e Chairman Scurlock reported that under the Statute, the Audit Selection Committee is required to convey three or more choices to the Board, but they chose to convey all five. He informed the Board that these firms are all quite equal, and he believed that the difference will be the dollars required to provide the service. The Chairman noted that the firms listed are not ranked, but merely set out in alphabetical order. Commissioner Bird felt that the work that has been done so far is fine, but he personally would like to see it carried a step further since he did not feel qualified to listen to all five and analyze all the material presented; he suggested that the Financial Committee or staff rank the five and make further recommendations. Chairman Scurlock stated that his recommendation would be to refer this to the Finance Advisory Committee. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously referred the material of the five audit firms proposed to the Finance Advisory Committee to be further culled down to three and ranked in order of preference for presentation to the Board. ACQUISITION OF ADDITIONAL RIGHT-OF-WAY - R. D. CARTER ROAD The Board reviewed the memo and recommendation of Assistant County Attorney Paull, as follows, in regard to acquiring a parcel of right-of-way for R. D. Carter Road from Dr. Dov Borovsky: 40 JUL 14 1982 BOOK , 50; F* 484 JUL 141982 1wx 50= rnF485 TO: DATE: FILE: Don C. Scurlock, Jr. - July 13, 1982 Members of Board of County Commissioners SUBJECT: R.D. Carter Road (1st Street S.W.) Additional Right of Way - Borovsky Parcel FROM'Christopher . Paull REFERENCES: Assistant C unty Attorney BACKGROUND As a preliminary to the construction of an improved R.D. Carter Road between 27th and 43rd Avenues, the County Attorney has been attempting to acquire seven separate parcels of right of way from six different owners. This office has received deeds conveying, without cost to the county, three of these seven parcels. •Deeds for three of the four remaining parcels have been provided to the owners and should be executed and returned shortly. This item concerns the seventh and final parcel, owned by Dr. Dov Borovsky. THE OFFER Following a series of negotiations, Dr. Borovsky has agreed to convey the south twenty feet of his acreage to the county for a payment of $800, together with a stipulation by the county that the fair market value of the property is actually $1000. Dr. Borovsky wishes to be on record as having donated $200 worth of value to the county. RECOMMENDATION AND REQUESTED ACTION Based upon an in-house appraisal prepared for this right of way parcel, it is this office's recommendation that the county accept the terms of this offer and authorize the County Attorney to complete the transaction using funds to be appropriated from an account designated by the Public Works Director at the time of consideration of this item. At the time of preparation of this memo, this information was not available. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously accepted the recommendation of Attorney Paull re acquisition of right-of-way as set out in his memo dated July 13, 1982. "SAVE OUR COAST" PROGRAM Community Development Director Bruce King reviewed the following memo: 41 TO: The Honorable Members of the Board of County Commissioners THRU: C. B. Hardin, JJ - D. Acting County A istrator DATE: June 30, 1982 FI LE: SUBJECT' "Save Our Coast" Program, of the Florida Department of Natural Resources FROM: Bruce King, AICP REFERENCES: Community Develop ent irector "This is in response to a request from Dr. C. B. Hardin, Jr. Acting County Administrator. It is recommended that the data herein presented be given for- mal consideration by the County Commission. DESCRIPTION AND CONDITIONS Chapter 375, of the Florida Statutes provides funding for theO'Save Our Coast" Program, which is administered through the Florida Department of Natural Resources (DNR). The purpose of this program is to provide financial assis- tance to local units of government in order to establish and maintain public beaches for recreational purposes along the coast of Florida. During the last eight (8) months, the County Staff has been involved in the preliminary investigation and analyses in order that Indian River County may participate in the State's "Save Our Coast" Program. Ong une 22, 1982, Dr. C. B. Hardin, Acting County Administrator, assigned the task of formulating the Indian River County proposal to DNR's "Save Our Coast" Program to the Community Development Director with the directive to coordinate this activity with Mr. Jim Davis, Director of Public Works, who has conducted the preliminary work on this project. Through the initial research, it has been identified that the County has until August 18, 1982 to finalize a decision_cQn- cerning their financial commitment and development proposal relating to beach- front parks. Through a conversation with Mr. David J. Buchanan, Recreation Planner with the Bureau of Park Lands and Development in the Florida DNR, it has been estimated that the approval and acquisition process for any land to be acquired through. the "Save Our Coast" Program in Indian River County would not be completed until approximately two (2) years from this date. Since the actual acquisition process is rather lengthy and many of the imple- menting rules of the DNR for this program have not been finalized, it is the staff's recommendation that:the County should look at the problem of beach access and development in a more comprehensive manner. Through this approach, should funding from the "Save Our Coast" Program not be available to assist our development needs, then the County would have a plan of action already adopted, which would permit the Community Development Department to seek other finding sources. ALTERNATIVES AND ANALYSIS Based on the preceding information, it is the staff's request to formulate a Beach Access and Development Plan for Indian River County. At a minimum, this plan would evaluate the current demand for beach access and beach -front parks as well as the existing supply of facilities. In particular, the Community Development staff would inventory all existing beach -front parks 41A JUL 14 1982 890K - 50 pn- 486 . J U L 141982 Knox .50 PAc'f 487 and public beach access points and illustrate their spatial distribution. In addition, the location of current utilities would be identified and mapped in order that any constraints in this regard for future development could be identified. The result of this planning procest would be the development of a Beach Access and Development Plan, which includes a five - year. capital improvement program. The CIP would provide an annual'phasing of capital improvements with cost estimates and funding sources. RECOMMENDATIONS AND FUNDING It is the request of the Community Development Department to receive an affirmative directive from the Board of County Commissioners to formulate a Beach Access and Development Plan for Indian River County. This plan could be developed and presented to the Board for adoption by August 18, 1982. There would be no additional funding requirements for the development of this plan, over and above currently budgeted staff salaries. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously directed the Community Devel- opment Department to formulate a Beach Access and Development Plan for the County. AUTHORIZATION TO ADVERTISE SITE PLAN DENIAL APPEAL - NICOTRA Planning Manager Art Challacombe made the following presentation and requested that the date of the hearing be changed to August 18, 1982, to allow sufficient time for advertising: 42 TO: The Honorable Board of DATE: June 25, 1982 FI LE: County Commissioners IRC -82 -SP -37,#686 THROUGH: C. B. Hardin, Jr., Ph.D. Acting County Administrator DEPARTMENT HEAD CONCURRENCE: SUBJECT: Patrick Bruce King CARMEN NICOTRA'S APPEAL OF SITE PLAN DENIAL FROM: Art Challacombe REFERENCES: Planning Division Mgr. DESCRIPTION AND CONDITIONS: On May 19, 1982, Carmen Nicotra, President of N&B Realty, submitted a site plan application to construct a 64 unit apartment complex on 3.96 acres of property (proposed density 16.41 units/acre), located at the southwest corner of 6th Avenue and 15th Place. An application for site plan approval was submitted on 24 April 1979 and subsequently approved by the Planning and Zoning Commission at their regular business meeting of December 13, 1979. An extension of the approval was granted improperly by the Planning and Zoning Commission on December 11, 1980. On June 17, 1981, a request for an extension was removed from the County Commission Agenda. i Approval of the site plan has expired. A new site plan application was submitted. The proposed development is identical to that which was previously approved. Based on the fact that the plan does not conform to the + allowable density designated by the Comprehensive Plan (MD -2 up to 10 units/acre), the Planning and Zoning Com.- -mission denied the request for site plan approval. RECOMMENDATION: The County Commission set a date for the appeal to be heard in the form of a public hearing. The suggested date for this public hearing is August 4, 1982. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unani- mously authorized staff to advertise a public hearing on an appeal of site plan denial by Carmen Nicotra for August 18, 1982. 43 JUL 14 7982 nog f F.� JUL 141982 A.A.R.P. ADDRESSES COMMISSION RE BUDGET . 8.00K 50 FA-- 489 Richard Schuler, President, Chapter 1406, of the American Association of Retired Persons, Inc., thanked the County Commission for the opportunity to speak and for their dedication in trying to help County residents. Mr. Schuler wished to impress on the Commission that just because they are members of the A.A.R.P., they are not only concerned only about the elderly, but also about the young people who are faced with the expense of maintaining them. Mr. Schuler then presented Marshall Hunt, who read the following statement, including a portion from the petition form of the Floridians for Tax Relief, and quoted from a. Press Journal article re tax funds, as follows: VER® BEACH CHER No. 1406 of the Criali" IC WAC A T 1 PERSONS, , Inc. Presentation to Indian River County Commissioners Recently our 2,200 plus membership approvea a proposal by - t', -.e local Chapter Legislative Comr:ittee to assist in a petition drive namely- FLORIDIANS FOR TAX RELIEF. Our quota was for 1,000 signed petitions. On two Saturdays between 9:OOAI, and 4:OOPP+1 we obtained over 2000 sign9d petitions, to date almost 5,000. People are vitally concerned about taxes. Future taxes of all types in particular. Reading directly from the petition ------ This petition is for the purpose of getting the.articles on the November 1982 ballot. Since we started the state has passed a 1% increase in sales tax. Half of this is to be returned to the counties of the state. Recently ROD NEDEAU of the state department of Revenue told local representatives of taxing agencies to be cautious as to how they used their share. A copy of his 6/19/82 Press Journal is attached to this paper along with a copy of the petition referred to. .ghat the local AARP Chapter would suggest is',' that during your Budget sessions that you use these guidelines as a -basis for your appropriations. We understand the count's share must be divided between incorporated and unincorporated areas within the .county. It is likely Vero Beach will receive about $500,000. About $200,000. of those funds will be roiled back off property taxes. The pet:Ltion does not reduce taxes nor freeze them. It desires to place a cap by formula for revenue spending that is fair to i.e taxpayer and workable for the elect -'-a officials. Vie thank you for the oppor-�unity of bringing anew to your atteni+ion the concerns of the 2,200 AARP members. 44 Paid political advertisement. Paid for and co-sponsored by: FLORIDIANS FOR TAX RELIEF P.O. BOX 782 Tavares, FL 32778 Ed Havill, State Chairman -Josie Davis,Jr,Treasurer O`G` O\S`; GO�G V PETITION FORM TO: (Please print, last name first) Name Home Address City County Precinct # _ FLORIDA CONSTITUTIONAL AMENDMENT PETITION FORM FL. Zip Cong. Dist. # 1 am a registered voter of Florida and hereby petition the Secretary of State to place the following .ballot title, summary and constitutional amendment, pursuant to Article XI, Section 3, of the Florida Constitution, on the ballot in the next general election held more than ninety days after this petition is filed with the Secretary of State. If any portion of this ballot title, summary and amendment is found to be invalid, the remaining portions shall not be invalidated. If this amendment is found to contain multiple subjects, all references to such additional subjects, found after the first subject, shall be invalid, but the remaining portions of the amendment shall not be invalidated. Ballot title and summary: CITIZENS' CHOICE ON GOVERMENT REVENUE Limits the state and each taxing unit to 1980-81 revenue dollars plus ad valorem taxes on subsequent new construction and annual adjustments of two-thirds of the Consumer Price Index percentage change; however, the maximum annual adjustment increase for ad valorem taxes is five percent. Revenue limits may be exceeded only with voter approval, for specified purposes, amounts and periods. Enforcement is by setting aside excess revenue, reduction of rates and taxpayer suits. Includes related provisions. The following new section is added to Article VII of the Florida Constitution: CITIZENS' CHOICE ON GOVERNMENT REVENUE: (a) Revenue received by the staid and by each taxing unit for each fiscal period shall be limited to the revenue limit for the preceeding fiscal period plus the annual adjustment and any ad valorem taxes on improvements due to new construction subject to assessment for the first time. (b) For purposes of this section: (1) revenue includes ad valorem taxes, other taxes and all other receipts, but excludes receipts from the United States government and its instrumentalities, bonds issued, loans received and the cost of investments sold. Receipts of agencies and instrumentalities and proprietary and trust funds shall be included in the revenue of the state or other taxing unit as appropriate. (2) the annual adjustment for each fiscal period shall be the revenue limit of the preceeding fiscal period times two-thirds of the percentage change in the Consumer Price Index for All Urban Consumers, U.S. i verage, Items, = 0, or successor reports, for the precee mg calendar year, as initially reported by the United States Department of labor, Bureau of Labor Statistics; however for ad valorem taxes no annual adjustment increase shall exceed five percent of the ad valorem taxes of preceeding fis al iod. eaci-T—sciaTperiod shall twelve months. (4) the initial revenue limit, for the first fiscal period beginning after the effective date of this section, shall be calculated by using the revenue in the fiscal period beginning in 1980, plus subsequent changes due to annual adjustments and ad valorem taxes on new construction, as if this section had been in effect. (c) Revenue collected in excess of a revenue limit shall be placed in escrow until the following fiscal period, in which period it shall be deemed revenue received, and applicable rates shall be reduced in an amount reasonably calculated to comply with the revenue limits of this section. (d) When authorized by vote of the electors of a taxing jurisdiction: (1) revenue limits may be exceeded four specified purposes and amounts, for not longer than two fiscal periods; (2) revenue limits may be exceeded to provide for principal and interest payments on designated bonds for specified purposes. (3) a taxing unit may use its first fiscal period, in lieu of one beginning in 1980, for determining initial revenue limits. (e) Revenue limits may be exceeded to the extent necessary to avoid impairment of obligations of contracts and bonds existing on the effective date of this section. (f) Any taxpayer of the state shall have standing to bring suit to enforce this section and, if successful, shall recover costs and attorney fees from the taxing jurisdiction. Voter's Signature (Please sign name as it appears on voting roll) NOTE: Sec. 104.185 (Election Law) It is unlawful to knowingly sign a petition more than one time. 45 50PAucOo JUL 14 1982 �ooK L J U L 14 198Z 50 ?AcE 49i Sal., June 19, 1"2, Vero Beach, Fla., PRESS -JOURNAL 2A ucto im h Va t By DAVID BENFa4II funds," Nason said. "About $200,000 of Approximately M representatives of those funds will be roiled back off taxing agencies from Indian River and property taxes. We should be getting our St. Lucie counties were cautioned Friday first distribution of funds in November." about the spending of five cent sales tax The sales tax was increased from four funds later this fall. to five cents in May by a special bill Rod Nedeau, economist for the state passed by the state Legislature.' ' Department of Revenue, told the :"The state is keeping the additional workshop group they should be con- funds collected on the increase in the tax: servative with the spending of the sales, until , . Oct. .1," Nedeau said.' "In` tax, and contingency funds should be set November, half of. those funds will be UP for "a rainy day." deposited in a trust fund and returned to - "Taxing officials should be cautious, the local governments..The other half of because this Is a tax source they are not . the taxes will be kept at the state level to:' ; used to," Nedeau said. "In' good times replenish the working capital trust fund the tax fund will be fat and in bad times it and help fund the state budget.'' -; will be slim. If local officials are op- "The . funds 'coming back to the Urnisticly budgeting in bad times with counties will be divided between th the funds, they might get caught short." municipalities and the county govern Nedeau said the sales tax is unlike meats based. on population estimates,» not a revenuesharing,,, because the sales tax is the .economist said. "The municipality's "The sales tax funds will de share can be used to fund any municipal how much money the state ill depend service;. ' however, the county's share the county on a monthly basis." Nedeau must ni divided between incorporated the said. "So if the county's main�income is county This is the only limitatncorporated areas ion the based on tourism and is seasonal, the Legislate puts on the spending of the funding on a monthly basis will vary. ' tax money." . Nedeau fielded questions from the Nedeau said at no point can the audience = which included Vero Beach county's ad valorem millage rate add up' Finance Director Tom Nason about to more than 10. Only taring authorities the funding applications and when the that are.eligible for revenue sharing can local governments will be receiving their participate in the sales tax funds. funds. The economist said the local govern - "The city of Vero Beach will tie getting merits will not know until next week what back approximately $500,000 in sales tax their sales tax estimates will be: Commissioner Fletcher stated that the 1� Sales Tax was approved only for a 3 -year period, and he did not believe these funds would be available after that period. Other Board members did not agree with his assumption, but concurred that it is important to be cautious about using these funds because they will fluctuate from year to year. Chairman Scurlock discussed the need to provide services and asked how the mechanism A.A.R.P. is proposing will allow for new programs, such as the 911 Communications Program and the Advanced Life Support Program, neither of which have been funded in the past, and whether they intend that every new program will require a referendum. William Koolage, interested citizen, felt a referendum is one of the alternatives, but stressed that every governmental body is always looking at increases in cost of services, and it is the Commission's job to evaluate all programs and decide which are the most important for the community. Mr. Koolage continued that there are some services that we must have, such as police protection, fire protection, and a judicial system, and he believed that an adequate health system is also a critical need and that Advanced Life Support comes into this. He realized that the Commission will be pressured from all sides and emphasized that the petition was merely aimed at asking government to try to hold down taxes. Commissioner Fletcher noted that the Board needs all the help they can get and stated that he would like to welcome the A.A.R.P. members to attend the Budget hearings. Discussion continued about the fact that all the work is actually done at the Budget workshop sessions and that the public needs to be aware of what is done before the final hearings on the Budget are held. Commissioner Fletcher asked that the Board consider the possibility of placing a public notice in the local news- paper, stating that the County Commission will be holding Budget workshop hearings and listing the dates, times and areas to be discussed. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously agreed to publish in the Sunday edition of the PRESS JOURNAL a display ad announcing the Budget Work- shop agendas. 47 nox 5 4`19 JUL 14 1982 r JUL 141992 R90K '50 ph -LI -r. 493 .R_ e Mr. Schuler felt that such an ad would be a big help, and complimented Board Secretary Mrs. Forlani and her staff for their help in advising him on procedures to contact the Board. Commissioner Lyons stated that he was happy to see this interest being displayed, and felt it is too bad that more people don't understand that the County government and City government try their hardest to be of help to the citizens. He felt the best way the public can help is to keep totally informed. REPORT ON FINANCE ADVISORY COMMITTEE Chairman Scurlock stated that there is.still one vacancy on the Finance Advisory Committee and requested that the Board solicit more resumes. He also asked that the A.A.R.P. look for a candidate to serve on this committee. The Chairman then brought up the need for a fiscal advisor for the County, who has professional expertise and who is in close touch with daily market activities, and stated that the Finance Advisory Committee would like direction from the Board as to whether they should start soliciting proposals; they do not want to proceed unless the Board is interested in contracting for services in this area. Commissioner Fletcher had no problem with them inviting people to make presentations, but had a problem with hiring a fiscal consulting firm to advise the advising committee. Considerable discussion followed, and it was noted that the kind of advice being talked about is not needed for normal day-to-day financial activities, but for when we get into the complexities of how to approach bond issues. Community Services Director Thomas pointed out that 1/4% on a large bond issue can involve millions of dollars; therefore, top-notch current advice on new procedures and the best route to go on the market is of major importance, and this requires a professional just the same as it 48 requires an engineer to build a bridge. Another primary factor is actually taking the bonds to market, knowing where to go, and the contacts to get the best interest rate. He believed we could save a good deal of money if we had such a fiscal advisor and believed this could be contracted on an annual retainer basis. Mr. Schuler inquired if there is not competition in this field, and Chairman Scurlock agreed that there definitely is. He noted that he has been faced with totally new concepts and sees the need for a third party, who is not interested in selling us something, to give us some advice as this is a very complex situation. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to authorize the Finance Advisory Committee to interview fiscal advisors with the thought that some arrangement can be made for funding advice in the area of bond issues. Commissioner Fletcher stated that he could understand the complexity of trying to figure out the bonding lingo, but questioned if we need to buy a consultant just to decode some of the creative language. Chairman Scurlock explained that is not the problem. The problem is that we have firms trying to sell us on various types of very complex bond issues, and he questioned that we have the day-to-day knowledge to know that what we are being told is the fact. Community Services Director Thomas explained that when you hire an advisor, he will not be eligible to take part in the purchase or exchange of bonds, etc., He mentioned the Leedy Corporation which operates on a fee basis as an advisor, and they do not sell or bid on the bonds. 49 JUL 14 1982 U -0K 50 PAGE 94 JUL 14 1982 50 FAC E495" COMMISSIONER FLETCHER CALLED FOR THE QUESTION. It was voted on and carried unanimously. REPORT ON SOUTH COUNTY FIRE ADVISORY COMMITTEE MEETING - Chairman Scurlock discussed the offer made by the town of Indian River Shores to sell their ladder truck to the County for $100,000. He reported that the South County Fire Advisory Committee has instructed their Financial Administrator, Tom Nason, and Fire Chief Forrest Smith to research this matter to determine whether we actually need this truck, and if so, whether this is the piece of equipment that best suits our needs, and report back to the Advisory Committee. The Chairman further noted that a requirement of the agreement with the Indian River Shores Fire Department was that they purchase a tanker truck. They have not, at this point, fulfilled that obligation, and, in fact, have requested that they be allowed to downsize the tanker truck from a 2,500 gallon to a 1,500 gallon capacity. Chief Smith is doing an analysis and will recommend to the Advisory Committee whether they should allow that to happen, or if there is a need to continue on that relationship. Chairman Scurlock then spoke of Mayor Nolan's letter to him which complained of misstatements being made to the Press and reported that he wrote the Mayor pointing out that he does not know in advance what decisions the Advisory Committee will be making, and there is no way he can give the Mayor information in advance as to what the Press will report. LIBRARY GRANT Commissioner Lyons informed the Board that the agreement with the State Division of Library Services re funds for the Library is consistent with past agreements and there is a time limit involved, which is why it was added as an emergency item. 50 MOTION WAS MADE.by Commissioner Lyons, SECONDED by Commissioner Bird, to author- ize the Chairman to sign the Agreement with the Division of Library Services for a grant for The Indian River Public Library, which is consistent with past practice. Commissioner Fletcher asked if this would in any way preclude an application for a North County Library, and Commissioner Lyons stated that it would not as far as they have been able to determine. He noted that this has been before the Library Committee, which includes the North County, and they recommend approval. Discussion ensued with regard to contracting specifically with the Vero Beach group, and Commissioner Lyons noted that in the long run we will have to contract with both libraries. Commissioner Fletcher discussed the funding formula, and it was explained that this is an outright grant for $8,600, and there is no match required. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3 to 1 with Commissioner Fletcher voting in opposition. 51 JUL 14 1982 'FOOK 50 496 A ' JUL 14 1982 LUNIRALI WEN11HLAHON NUMbLR DLS-82-I-14-B nox 50r .,Jr 497 FLORIDA LONG-RANGE PROGRAM FOR LIBRARY SERVICE LIBRARY SERVICE TO SPECIAL CLIENTELE Agreement Between STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES - and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA This Agreement, made this day of 1982, between the State of Florida, Department of State, Division of Library Services, hereinafter called the D DISION, and the Board of County Commissioners of Indian River County, Florida hereinafter called the COUNTY for and on behalf of the Indian River Public Library hereinafter called the LIBRARY. WITNESSETH WHEREAS, the DIVISION, as administrator of Federal funds provided through the Library Services and Construction Act, Public Law 95-123, under the plan of operation approved by U.S. Secretary of Education, is desirous of extending Library Service to Youth and, WHEREAS, the LIBRARY has proposed a program of library service 'to the Youth to the DIVISION, which program is acceptable to the DIVISION; NOW, THEREFORE, the parties hereto agree as follows: •1. The COUNTY agrees to: A. Administer all funds allocated to it by the DIVISION to carry out library service to Youth r as described in "Attachment A, Project Proposal Summary," attached hereto and by reference herein made a part of this document, and hereinafter called the PROPOSAL. _ - DLS-82-I-14-B - B. Repay to the DIVISION any and all funds not thus expended. C. Make such written reports as the DIVISION may require, including a narrative report showing the progress of the program and written reports of expenditures. D. Review, at the close of the grant period, the program and progress made toward its implementation. E. Provide verification that the LIBRARY will comply . with Title VI of the Civil Rights Act of 1964. F. Make available all financial records for projects under the PROPOSAL should the DIVISION deem it necessary in order for it to meet its obligation for administration of Federal funds. 2. The DIVISION agrees to: A. Furnish funds in accordance with the terms of the program in the amount of eight thousand six B. hundred dollars ($8,600.00) for the period April 1, 1982 through September 30, 1983 in consideration of the LIBRARY's performance hereinunder which amount will be paid semi-annually the first payment to be made within ninety days of execution to the LIBRARY, contingent upon funding by the U.S. Department of Education. Furnish supervision, counsel and assistance toward the objective of providing library service in this area. 3. The COUNTY and the DIVISION mutually agree: A. Either party may terminate this Agreement at any time by giving notice by registered mail of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. B. All Federal and State laws and regulations � v applicable to this Agreement and the funds granted herein shall be observed by both parties to the Agreement. . POOK 510 PACE498 JUL 14.1982 I �•., t. -3- JUL 14 198Z _ DLS-82-I-140b 50 FACE 499 C. No amendment to this Agreement shall be effective unless reduced to writing and signed by the parties hereto. D. This Agreement shall be effective upon execution, to be completed by September 30, 1983. WITNESSETH: THE LIBRARY Chairman Board of County Commissioners of Indian River County, Florida and STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES Barratt Wilkins Director Division of Library Services CONTRACT IDENTIFICATION NUMBER DLS-82-I-14-B ATTACHMENT A PROJECT PROPOSAL BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA This project will enable the library to buy materials and equipment in response to a needs assessment conducted by Dr. William Summers, in which he recommended that the children's collection be significantly strengthened and that programming for children should be increased. JUL 14 .1982 Boa 50 . FA050U JUL 141982 APPOINTMENTS TO BUILDING COMMITTEE �ooK 50 'FACE 50i Some discussion ensued on the fact that the City had appointed Councilwoman Dorothy Cain and Building Director Ester Rymer as their representatives to the Building - Committee, and letters have been received from Peter Robinson of the Treasure Coast Builders Association and Architect John Calmes indicating interest in serving. Commissioner Fletcher stated that he would like to defer this matter until the committee has applicants for every position so we can choose an overall committee at one time. It was felt that all we are looking for is the at -large representative, but agreed that this item should be deferred to the next meeting when Commissioner Wodtke can be present since he is Chairman of the Building Committee. REPORT ON PARKS & RECREATION COMMITTEE MEETING A. Gifford Park Commissioner Bird reported that the Gifford Park restrooms are more than half completed, and MacDonalds's has donated additional equipment such as baseballs, bats, etc. B. Blue Cypress Lake Park The installation of the chlorinator is proceeding, and Public Works Director Davis is contacting agencies that would be involved in the permitting process if we tried to develop additional land in this area. C. Beach Access Improvements Both accesses on the North Beach have been completed and paved. The next step is to install security gates and to provide landscaping. Urban Forester Paul Palmiotto will cooperate with the Park staff on the landscaping, and Baytree Condominium project-, which abuts one access, has offered plants and trees from their property. D. Joe Earman Island The plaque honoring Joe Earman is here and ready to be 52 placed. Ceremonies are contemplated and are being coordinated with the Community Services Director. Joe Earman, Jr., expressed thanks to the Board on behalf of his grandfather. E. Use of Kiwanis-Hobart Field Commissioner Bird, who has been re-elected Chairman of the Parks & Recreation Committee, reported that use of the Kiwanis-Hobart Park ballfield has been requested for North County baseball, and they are getting an estimate on lighting of the field. F. Parks Budget The Committee approved the Parks Budget as submitted and approved the North County Budget with a slight amendment re shifting some funds to Fellsmere. G. Retarded Citizens Request Summer Camp Program Commissioner Bird reported that a request had been received from the Association for Retarded Citizens for $4,000 for a summer camp program. The Committee approved the request, and it will come up in budget sessions. H. Appointment of Valaria Brant to Parks & Recreation rr,.nm4 4-+-,=,m ON MOTION by Commissiner Bird, SECONDED by Commissioner Lyons, the Board unanimously appointed Valaria Brant to the Parks & Recrea- tion Committee to replace Ralph Lundy as the representative of the Gifford community. Extension of Lease on Gifford Park Commissioner Bird informed the Board that negotiations have been carried on with the Town of Indian River Shores in regard to extending the lease on the Gifford Park, and a letter has been received from the Town's attorney indicating that the Town would be willing to extend the terms of the 53 JUL 14 1982 F®oK 50 Phu 502 'BOOK 50 PAC F 503 J U L 14 1982 y lease for an additional 20 years at $1.00 a year. Commis- sioner Bird stated that he was hoping for a longer extension, but until the Town can work out their water situation, they are reluctant to make it longer. - Commissioner Lyons stated that he could not emphasize enough how important it is to keep the Gifford Park operating. He believed this has accomplished a great deal of good in keeping the children off the streets. He again suggested that the County should put in street lights around the restroom in the Gifford park as we have done in other parks. Commissioner Bird stated the Committee would look into this. SOUTH COUNTY FIRE DISTRICT MEETING The Board of County Commissioners recessed at 11:20 o'clock A.M. so that the South County Fire District Board might convene. Those Minutes are being prepared separately. NORTH COUNTY FIRE DISTRICT MEETING The Board of County Commissioners reconvened at 11:32 o'clock A.M. and immediately recessed so that the North County Fire District Board might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 11:34 o'clock A.M. with the same members present, Commissioner Wodtke being out of State. EMERGENCY MEDICAL SERVICES COMMITTEE - RE ADVANCED LIFE SUPPORT SYSTEM Chairman Scurlock noted there had been some discussion at the last meeting on the recommendation of the Advanced Life Support Committee for approval of the plan presented by Dr. Lucas, and it was felt a definite vote should be taken. He stated that he personally was opposed to the proposed 54 s � � plan and would prefer to see a joint effort between the Fire Department and the Ambulance Squad since he did not believe an advanced life support program would be worth anything without cooperation between those departments. He reported that Mr. Buchanan of the Vero Beach Ambulance Squad and Fire Chief Forrest Smith have been working on this, and he would like them to make a presentation. Mr. Buchanan reported that they are still working on this, and he would like to get something down in writing. He had -confidence that the squads will work together for the best of the county, but was concerned that if the Board should today vote down the Advanced Life Support plan submitted by Dr. Lucas that it would be the end of any further consideration of ALS. He also did not believe the doctors had been notified of today's meeting, and felt they should be present. Mr. Buchanan emphasized that the present thought is that they are going to work together and come up with something. Chairman Scurlock asked if Mr. Buchanan was requesting that the Commission refer this back to the ALS Committee for a further look at the situation. Chief Smith did not see any problem with the Board going ahead and making a decision this afternoon on the plan submitted by Dr. Lucas, and then the committee could make a further presentation at another time. He did believe the committee should be involved, however. Commissioner Bird felt the normal chain of events would be for the squads involved to formalize their ultimate plan and have the committee look at it before coming back to the County Commission for any final decision. He stressed that we do not want to bypass the committee. Mr. Buchanan assured the Board that the departments can work together to come up with something acceptable. 55 BQOK 50 .*E504 JUL 14 198 JUL 141982 eoK 50 F-r�-Uc 505 Mr. Koolage stated that he would like to see this resolved in time to get something on the budget. ON MOTION by Commissioner Fletcher, - SECONDED by Commissioner Bird, the Board unanimously tabled further discussion on an Advanced Life Support Program until a report on the ultimate plan presented by the combined services is received from the Emergency Medical Services Committee. PRESENTATION AND REVIEW OF TENTATIVE BUDGET - Finance Director Barton presented the Board members with the Tentative Budget package --'the fact book and the computer print-out for the different funds. He informed the Board that there is a discrepancy in their understanding of the law in regard to the use of our portion of the 1� Sales Tax monies and the information coming out of Talahassee, and they are trying to iron this out to determine the ultimate maximum you cannot exceed overall. Attorney Brandenburg explained that if the County accepts the Sales Tax funds, there is a maximum amount they may not exceed in each fund; the only alternative is to reject the Sales Tax dollars and levy additional monies to make up the difference. Finance Director Barton stated that our Sales Tax monies are estimated to amount to 1.6 million, and this has been split in the budget according to two different formulas - one based on the amount of people in the county no matter where they live and the rest for the people in the unincorporated area. The split placed $449,200 into the General Fund and approximately 1.1 million into the MSTU for the unincorporated area. 56 Commissioner Fletcher asked if we are showing the Sales Tax as revenue in this budget. Finance Director Barton confirmed that the 1.6 million is included in the budget as presented, and, in his opinion, that is a higher figure than we will be allowed to have. He noted that 400 of these funds are earmarked for tax rollback, and the 60% remaining may be used for any other legal purpose. Commissioner Fletcher commented that after rollback, this gives us about one million to put where we choose, and apparently Finance chose to put it in the operating budgets for the General Fund and MSTU, or 27% countywide and 73% for the unincorporated area residents. He asked if it would be legal to earmark the one million for the next three years into the Jail account. Mr. Barton stated this could be done, and Attorney Brandenburg noted -it has been suggested that the Sales Tax revenues be used for non -reoccurring expenses. In further discussion, it was noted that the Tentative Budget is estimated to be about 2.6 million over our revenues, and if the one million Sales Tax funds were pulled out, there would be a 3.6 million difference. Commissioner Fletcher commented that the Constitutional Officers have been placed ahead of the County Commission departments on the schedule of budget hearings, and he would prefer that the County Commission operations be heard first. Finance Director Barton explained that the staff merely scheduled this to try to move it along in the most expedi- tious manner and it could be rearranged in any way the Board desired. He noted there may be some agencies the Board may not wish to fund at all and possibly these could be taken off the list. 57 640Kr J U L 14 1982 JUL 141982 1 nOK 50 PA -507 Commissioner Fletcher suggested removing from the hearing schedule those departments that have not exceeded a 5% increase for this coming year. Mr. Barton reported that quite a few agencies have not asked for any increase, but Chairman Scurlock pointed out that there are some with no increase that we might want to either decrease or eliminate entirely. Some discussion ensued as to how reorganization of departments has affected increases and decreases, and the consensus of the Board was that they wished to hear all the departments and agencies make their presentations, and go over the Budget line item by line item. Discussion continued in regard to advertising the budget hearing schedule. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously agreed to reschedule the County Commission Department Budget hearings from July 20th to July 19th to get an overview of our operations first. Attorney Brandenburg pointed out that one of the County's largest budgets, that of the Road & Bridge and Public Works Department, is scheduled to be considered on July 22nd. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyon, the Board unanimously agreed that the budget hearings scheduled for the 22nd of July be moved to the 20th and those on the 20th be moved to the 22nd. Chairman Scurlock brought up the question of budgeting for turn -over in personnel and stated that he had a problem with funding at full staffing level. Mr. Barton agreed with the concept, but felt due to the state of the economy, it is likely the rate of turn -over will not be as high this year as it has been historically. He then went on to review the time frames shown in the Budget Activity Schedule for certification of millage and the mailing of the TRIM Notices, etc. It was announced that the Budget hearings will be held in the Commission Chambers. Community Services Director Thomas stated that he would like to switch the Utilities Department, which was scheduled for Tuesday, July 20th at 3:30 and now would be 3:30 Monday, July 19th, with Parks. This would put Utilities, which is an enterprise account, in order with the other enterprise accounts - Landfill and Fleet Management. Mr. Barton felt if that switch is made, North County Recreation should also be exchanged with Utilities. The Board had no objections. Considerable discussion continued regarding keeping a running total of the budget as changes are made and the need to get the correct figures from the State as to the maximum dollars of Sales Tax that can be plugged into each department. Assistant Finance Director Ed Fry supplied figures based on formulas just received from the State, which are as follows for the real estate ad valorem tax dollars: The proposed tentative budget tax figure to balance the General Fund's current tentative expenditure request is The maximum allowed by State formula is The difference that must be cut to balance, therefore, is .................. 59 JUL 14 1982 $6,739,109 5,568,287 $1,170,822 noK 50 PACE 508 JUL 141982 e The proposed tentative budget tax figure to balance the MSTU's current tentative expenditure request is The maximum allowed by State formula is BOOK 50 PnE 599 $2,044,007 -1,318,124 The difference that must be cut to balance, therefore, is .................... $ 725,883. These are the minimum differences that must be cut. Commissioner Fletcher stated that he would like to see the formula written out, and Mr. Barton noted that last year's formula was one line and this year's formula is two pages with 15 lines of calculations. Mr. Barton then informed the Board that Federal Revenue sharing has depleted its money, and we will .be starting with a negative balance at the end of the current year. All capital requests were put in the MSTU and were not put in FRS. He explained that you can't use Federal Revenue Sharing for the MSTU; these funds must be used for the benefit of everybody in the county. Mr. Barton noted that our County took action to solve the dual taxation problem by moving ahead and setting up our records to show where the services are provided; this was then divided out and separate millage assessed for separate services. Chairman Scurlock asked about copies of the budget material being available to the public, and Mr. Barton reported that there are copies available in the Finance Office for the Press, and they must come and sign for them. Also, the Board Secretary will have a copy in her office. There being no further business, on Motion made, seconded and carried, the Board adjourned at 1:00 o'clock P.M. Attest: Clerk .E Chairman