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HomeMy WebLinkAbout7/21/1982Wednesday, July 21, 1982 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, July 21, 1982, at 8:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Dick Bird; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were C. B. Hardin, Acting Administrator; L. S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; Neal Bird, Bailiff; and Virginia Hargreaves and Janice Caldwell, Deputy Clerks. The Chairman called the meeting to order. The Reverend Jerry Ball, First Baptist Church, gave the invocation, and Vice Chairman Fletcher led the Pledge of Allegiance to the Flag. ADDITIONS TO AGENDA The Chairman asked if there were any additions to the Agenda. Commissioner Bird requested adding a discussion regarding the Gifford Park Supervisor. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add a discussion regarding the Gifford Park Supervisor as an emergency item,. as requested by Commissioner Bird. Attorney Brandenburg requested adding an item concerning a parcel of land owned by Mr. DeVivo. 0om 50 FAGS 537 JU L 211982 JUL 2 1.1984 640K 50 FA CE 53.8 ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add a discussion concerning land owned by Mr. DeVivo as an emergency item, as - requested by the County Attorney. Chairman Scurlock requested adding an item concerning response that is needed to a letter from the Civic Association. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add as an emergency item, a discussion `concerning a response to a letter from the Civic Association, as requested by the Chairman. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of July 7, 1982. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the Minutes of the Regular Meeting of July 7, 1982, as written. CLERK TO THE BOARD A. Tax Sale Certificate ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved Tax Sale Certificate No. 803 in the amount of $14.29 for J. Koutnik. 1 2 3 4 5 6 8 9 lc 12 13 14 15 16 18 19 20 21 B. Utilities Budget Amendments The Board reviewed the following information from the Finance Director: July 01,1982 To : Board of County Commissioners From : Jeffery K. Barton Finance Director Re : Utilities Budget Amendments Please adopt the following budget amendments for the County' Utilities systems. These amendments have been discussed with the utilities department, Tommy Thomas, and my staff, and I feel that the amendments to the estimated receipts and appropria- tions are proper and necessary to accuratrly reflect the needs and operations of the Utilities system. F it •� l) I � G _�' u , Y YV 11---�� !till -;;.Ie t I� Pil'z CACP ;rJ 3 i VO4 g' 1� I!� I ��1 B -ZIJ) -11,73 �' WT,r - - ----- _ J U L 211982 �i$oK 50. 3 i II n Qv "P . e 17ecr'�Q i 7i 6 2 ' IZe,I i 1 �if ,I -lz.ly "a I C encs' m, tJ n z 1�7p. I I d t 21 e. / 41g Sne— e V ry I f I ��PfI /i• /1; BOOKt�i .- 50 5-41 JUL 2 11982 c"EF nL- a lee C- L 951 AI a. 11204 I �u w, p-ke mp.clr, Ezu*sp I —9.✓ - //l M I I lid &/ 1 k�7 -:fW — 3VI Ill 71 -.Z�23- g el GIN -,Co, tilj I Y/ oke.M 71'73i- a I -Rc.c. I BOOKt�i .- 50 5-41 JUL 2 11982 JUL 211902, 0 d -M-OL3�'! 2. 5 -3r -l- 51,3 Mc�:c Iz S J, e— 08; cNQ-s 2 5W 3'/ cN n c e—, R us - Z F5 3-.,2 (—N --k, %4%1Vxnn(Al T -T, .7"Z u P.A�,Vkz VI)E�Norn- I Maie %Nlnk) tc A +'.,n 0 k\ A ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the Utilities Budget'Amendments, as recommended by Financial Director Barton. C. Budget Amendment for Jail Renovation Project The Board reviewed the following memorandum dated July 9, 1982: To: Board of County Commissioners July 9, 1982 From: Jeffrey K. Barton, Finance Director Subject: Approval of $65,000.00 budget amendment at 6/16/82 Commission 14eeting On pages 39-44 of the minutes of your Commission meeting of 6/16/82, the wrong account numbers were used to provide the $65,000.00 necessary for the bids on. the Jail Renovation Project. Please make a motion for the following budget amendment using the correct` account numbers Account Title Account No. Increase Decrease Maint.-Buildings 001-906-$23-34.61 65,000 B.C.C. Contingencies 001-199-513-99.91 65,000 Both of these accounts are the General'Fund and expenditures should be charged to 001-906-523-34.61 when Purchase Orders are written. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the budget amendment as indicated in the July 9, 1982 memorandum from Finance Director Barton. CONSENT AGENDA Commissioner Fletcher requested that Items B, C, and H be removed from the Consent Agenda. A. Reports on File The following reports are'on file in the Office of the Clerk: Traffic Violation Bureau - Special Trust Fund, Month of June, 1982 - $42,445.56. Traffic Violation Fines by Name - June, 1982. 50 JUL 21 1982 JUL L 211982 WX 5044 D. Request for Site Plan Extension - T & G Enterprises The Board reviewed the following memorandum dated July 6, 1982: TO: The Honorable Members of DATE: July 6, 1982 the Board of County Commissioners THROUGH: C. B. Har Jr., Ph.D. Acting 'C ty Adminis;tU&oCT: DEPARTMENT HEAD CONCURRENCE: latric B rce K ing FILE: IRC -81 -SP -83,#655 EXTENSION OF SITE PLAN APPROVAL FOR T & G ENTERPRISES FROM: Art Challacombre REFERENCES: Letter from Total Develop - Planning Division Mgr. ment, Inc. dated June 30, 1982. It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: On July 24, 1982, the subject site plan received approval. T & G Enterprises proposes to construct a 2,856 square foot warehouse on a 3/4 acre site located on the east side of Old Dixie Highway .approximately 1/4 mile south of 12th Street. The reason given for the request for a one year site plan approval extension is that the economic and financial situation prohibits immediate development. ANALYSIS: Site plan approval terminates after one year if construction of the approved plan has not begun. Extensions may be granted by the Board of County Commissioners at its dis- cretion. The site for the proposed warehouse is designated MXD, Mixed Use District in the Comprehensive Plan and is presently zoned M-1, Restricted Industrial. The proposed site plan is in conformity with the Comprehensive Plan and the Zoning Ordinance. RECOMMENDATION: Staff recommends approval of the request for a one year ex- tension of site plan approval. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the request for a one year extension of site plan approval for T & G Enterprises. E. Site Plan Extension Request for Clemen's Village The Board next reviewed the memorandum from Planning Manager Challacombe as follows: TO: The Honorable Members of DATE: July 13, 1982 FILE: the Board of County IRC -8I -SP -70,#652 Commissioners THROUGH: Dr. C. B. Hardin, Jr.,Ph. D5UBJ ECT: REQUEST FOR SITE PLAN Acting County Administrator EXTENSION FOR C EMEN'S VILLAGE (ROCK-CPRIANO) DEP aNHE D CONC CE 7a—trick Bruce i.ng FROM: REFERENCES: Letter from Roger Rock Art Challacombe dated July 9, 1982. Planning Division Mgr. It is requested that the data herein presented be given formal consideration by the by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: On July 23, 1981, the Planning and Zoning Commission approved the site plan application for a 213 unit apartment complex to be constructed on 17.7 acres. The project site is located at the southeast corner of North Gifford Road and 43rd Avenue. In a letter dated July 9, 1982, the applicant, Mr. Roger R. Rock, requested a one year site plan extension because of the unfavorable economic condition having delayed starting the project. Granting the site plan extension will set July 23, 1983, as the expiration date. The site is designated MXD, Mixed Use and is zoned R2 -C, Multiple Family. RECOMMENDATION: The proposed project meets requirements of the Land Use Element and the Zoning Ordinance. Therefore, it is recom- mended that the Board of County Commissioners grant a one (1) year extension of the site plan approval. JUL 21 1992 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved a one year extension of the site plan approval for Clemen's Village. 9 nox 50 AUL 21.19$2 box 50,:,-. F. Release of Easement - Vista Properties The Board next considered the following memorandum dated July 15, 1982: TO: The Honorable Members of DATE: July 15, 1982 FILE:- the ILE: the ,Board of C unty Commissioners THROUGH: C. B. Hardin, ., Ph.D. -Acting County inistrator SUBJECT: Release of Easement Request by DEP RTMENT HEAD CONCURRENCE Robert Gaskill, Vista Properties, Inc. Subject Property: Tract B, Unit #1, atrick Bruce King Forest Park S/D. Tract'C, Unit 2, Forest Park S/D. FROM: Betty* Davis REFERENCES: Zoning Inspector This is in response to a Release of Easement Request by Robert Gaskill, Vista Properties, Inc. It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners. - DESCRIPTION AND CONDITIONS: :The County has been petitioned by Mr. Robert Gaskill, Vista Properties, Inc., to release the common side lot 5 foot easement of Tract A, Unit #1, Forest Park Subdivision and Tract B, Unit #2, Forest Park Subdivision. The request has been reviewed by Southern Bell, Florida Power and Light, Florida Cablevision Corporation, and the Utility and Right -Of -Way Departments. The Zoning staff analysis, which.4 ncludes a site visit, showed that drainage would be adequately handled by the existing front and rear swales. ALTERNATIVES AND ANALYSIS: After site inspection by Zoning Inspector Betty Davis, it is the Zoning Divisions' opinion that to release the common side lot 5 foot easements of Tract B, Unit #1, Forest Park Subdivision and Tract C, Unit #2, Forest Park Subdivision, would allow Vista Properties, Inc. to devel:oo the two adjacent tracts of land as one larger residential lot, and is anticipated to have no adverse effect. However, if the easements are not released, neither of the two tracts of land will meet the minimum 10,000 square foot of lot area per family unit in the R -1A Single - Family District. This Division realizes that after review and due consideration, that the Honorable Board of County Commissioners has the authority to g*�,ant an alternate dec-i.-ion. RECOMMENDATION: Staff recommends the release of the common side lot 5 foot easements of Tract B, Unit #1, Forest Park Subdivision and Tract C., Unit #2, Forest Park Subdivision. J U L 211982 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously adopted Resolution 82-67 releasing the common side lot 5 foot easements of Tract B, Unit #1 Forest Park Subdivision and Tract C, Unit #2, Forest Park Subdivision, as requested by Vista Properties, Inc. J U L 211982 .50 AS RESOLUTION NO. 82-67 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the common side lot line easements of Tract B, Unit #1, Forest Park Subdivision, and Tract C, Unit #2, Forest Park Subdivision, according to the Plat of same recorded in Plat Book 2, Page 50 and Plat Book 10, Page 66 of the Public Records.of Indian River County, Florida; and WHEREAS, said lot line easements were dedicated on the Plat of Forest Park, Unit #1 and Unit #2 for public utility and drainage purposes, and WHEREAS, the request for such release of easement has been submitted in proppr form; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in Forest Park Subdivision Units 1 and 2 shall be released, abandoned, and vacated as follows: Those common side lot 5 foot easements of Tract B, Unit #1, Forest Park Subdivision and Tract C, Unit #2, Forest Park Subdivision, according to the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 2, Page 50 and Plat Book 10, Page 66. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing,in the Public Records of Indian River County, Florida. This 21 ,, t day of JuiT 1982. Attest: Freda Wrig�Clk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: G l Don curl oc , Jr., Ch it man Approved as to form and leg ftici c By G 411. Branden urg L"aunty Att RELEASE OF EASEMENT This Release of Easement, executed this _21st day of jiil�Z , 1982 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of -Florida, first party; Robert Gaskill, whose mailing address is 100 Vista Royal Boulevard, • Vero Beach, Florida, 32960 second party; WTTNFC.CFTH- That the said party of the first part for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon, and quit claim unto the said second party forever, all the right, title, interest, claim, and demand which the said first party has in and to the following described easement, lying on land situated in the County of Indian River, State of Florida, to -wit: Those common side lot 5 foot easements of Tract B, Unit 1, Forest Park Subdivision and Tract C, Unit 2, Forest Park Subdivision, as recorded in Plat Book 2, Page 50 and Plat Book 10, Page 66, public records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right, title, interest, equity to the only proper use, benefit, and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law and the day and year first above written. Signed, sealed and delivered in the presence of: c, J U L 21.1902 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: Don C. Scur oc , Jr., Chit n ATTEST: Fre daWrig t, C er • D• C Approved as to form and legal )-C- By _ Ga A. Bran Wr rg �p C my Attor F� BOOK 50 .9 J U L 211982 STATE OF FLORIDA COUNTY OF INDIAN RIVER K 5 I HEREBY CERTIFY that on this day before me an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared, DON C. SCURLOCK, JR., as Chairman of the Board of County Commissioners of. w Ca P-0- . Indian River County, a political subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument and they adknowledged before me that they executed the same for and on behalf of the said political subdivision. WITNESS by hand and seal in the County and State last aforesaid this day of --A1982. (Notary Seal) am. Notary Publi State of Florid at Large My Commissio Expires: -k6 ARY P'IBLIC STAT OF rLORIDR BONDED THRU GENERAL INSURANCE UNDI i MY. COMMISSION EXPIRES JULY 8 1986 TO: THROUGH: G. Release of Easement - Braz & Gutherie The Board reviewed the following memorandum dated July 15, 1982: The Honorable Members of DATE: July 15, 1982 FILE: IRC -82 -ER -8 #12 the Board of County Commissioners C. B. Hardin, Jr. , Ph. D. Acting County Administrator DEPARTMENT HEAD CONCURRENCE � \ e Patrick Bruce King FROM: Betty/Davis Zoning Inspector SUBJECT: Release of Easement Request by Mr. Bernard Braz and Mr. H.E. Gutherie, Tenants in Common. Subject Property: Lots 21, 22, and 23, 24, Block 4, Sebastian Grove S/D, PB. 5, page 85 REFERENCES: This is in response to a Release of Easement request by Mr. Bernard Braz and Mr. H.E. Gutherie, Tenants in Common, owners of subject property. It is recommended that the data herein presented b.e given formal consideration by the Board of.Co.unty:Commissioners. DESCRIPTION AND CONDITIONS: The County has been petitioned by Mr. Bernard Braz and Mr. H. E. Gutherie, Tenants in Common, to release the common side lot 3 foot easements of lots 21, 22, and Lots 22, 23, also Lots 23, 24 and the North side lot 3 foot easement of Lot 21; also the South side lot 3 foot easement of Lot 24, Block 4, Sebastian Grove Estates. The request has been reviewed by Southern Bell, Florida Power and Light, Florida Cablevision and the Utility and Right -Of -Way Departments. The Zoning staff analysis, which includes a site visit, showed that drainage would not be adequately handled by the existing front and rear swales. ALTERNATIVES AND ANALYSIS: Upon site inspection of the subject property by Mrs. Betty Davis, Zoning Inspector, this staff has made a concurring opinion with that of the R. 0. W. Department. We feel that the North side lot 3 foot easement of Lot 21, and the South side lot 3 foot easement of Lot 24, Block 4, Sebastian Grove Estates, --should be retained to promote adequate drainage of the area. This would allow the four adjacent lots to be developed as one parcel, while retaining the Southernmost and Northernmost 3 foot side lot easements for drainage and utility purposes. 'However, this Division realizes that after review and due consideration, that the Honorable Board of County Commissioners has the authority to grant an alternate decision. J U L 211982 15 Ems' ��'flK 0 JUL, 211982 RECOMMENDATION: 0 Staff recommends the release of the common side lot 3 foot easements of Lots 21, 22 and Lots 22, 23; also Lots 23, 24, Block 4, Sebastian Grove 'states. In concurrence with the recommendations of the Right -Of -Way Department, the staff recommends that the North side lot 3 foot easement of Lot 21, and the South side lot 3 foot easement of Lot 24, Block 4, Sebastian Grove Estates Subdivision, be retained for drainage and utility purposes. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted.staff's recommendations, and adopted Resolution 82-68 releasing the common side lot 3 foot easements of lots 21, 22; and -lots 22, 23; also lots 23, 24, Block 4, Sebastian Grove Estates, as requested by Bernard Braz and H. E. Gutherie. RESOLUTION NO. 82-68 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the common side lot line easements of Lots 21, 22, and Lots 22, 23; also Lots 23, 24, Block 4, Sebastian Grove Estates, according to the Plat of same recorded in Plat Book 5, Page 85, of • the Public Records of Indian River County, Florida; and WHEREAS, said lot.line easements were dedicated on the Plat of Sebastian Grove Estates for public utility and drainage purposes, and WHEREAS, the request for such release of easement has been submitted in proper form; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in Sebastian Grove Estates shall be released, abandoned and vacated as follows: Those common side lot 3 foot easements of lots 21, 22, and 22, 23; also lots 23, 24, Block 4, Sebastian Grove Estates, according to the Plat of the same filed in the Office of,the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 5, Page 85. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 21st day of July 1982. Attest: „ „ �i,,liilill 001/ Freda Wrights Cle ,I C J U L 211982 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIR COUNTY, F ORIDA BY: C Don C. Scurlock, Jr., CgOrman Arnroved as to toren ar, l legal 5nbyrg Ga ill..Bi-aC jty AM box 50 "i1 JUL 2.11982 hu 50 P,4-5,'4 RELEASE OF EASEMENT This Release of Easement, executed this 21st day of July 1982, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party; Mr. Bernard Braz and Mr. H. E. Gutherie, Tenants in - Common, whose mailing address is 11160 U.S. #1, Sebastian, Florida 32958, second, party: WTTNPr,gPTu. That the said party of the first part for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon, and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easement, lying on land situated in the County of Indian River, State of Florida, to -wit: Those common side lot 3 foot easements of lots 21, 22, and lots 22, 23; also lots 23, 24, Block 4, Sebastian Grove Estates, as recorded in Plat Book 5, Page 85, public records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right, title, interest, equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said party has signed and sealed these presents by the parties so authorized by the law and the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF Signed, sealed and INDIAN RIVER COUNTY, FLORIDA delivered in the presence of: BY: _X4'w-ce_:: 'el/� Don . Scurlock, Jr., Ch qdA an I on • of/� oc ATTEST: Freda. Wright, Clerk Approves! 1s to torn acIj leg ;tfici' n B% G ivl. Bra!,Jen urg ,nty Attor . STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared, Don C. Scurlock, Jr., as Chairman of the Board of County Commissione s of \JU .1p e Indian River County, a political subdivision of the State of Florida, ando REDA WRIGHT, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument and they acknowledged before me that they executed the same for and on behalf of the said political subdivision. WITNESS by hand and seal in the County and State •/ ' day of 1982. a- GYJL atm Notary Public tate of Florida # Large My Commission"Expires: last foresaid this (Notary Seal) JUL 21 1982 NOTARY PUBLIC STAT- O€ FLORIDT WNDED THRU GENERAL INSURANCE UNDI - MY COMMISSION EXPIRES JULY. $ 1986. 0 No 50 FFl .:�- JUL 211982 B. Vocational Training & Sheltered Workshop The Board reviewed the following request for funding dated July 2, 1982: �'()i.':%T10N.\I. TRMNINC; :\NI) SHEUI'EREI) WORKSHOP IN INDIAN 111�'ER COUNTY, INC. 1385 16'rri AVE\UE \'i -m) BL:.%cEi, FLORIDA 3.2960 ( 305) 562-6854 July 2, 1932 '•loi!,,randu ii: To: BOARD OF COUNTY CONMISSIONERS rug: Rick Szott, Acting Executive Director, Vocational Training and Sheltered Workshop In Indian River County, Inc. Harry durst, Ed.D. Board Member, Vocational Training and Sheltered Workshop In Indian River County, Inc. u� A mnlication for funding under the Community Services Trust Fund. I'hu Vocational Training and Sheltered Workshop in Indian River County, Inc. i a no;i-profit organization designed to provide services locally to handicapped iudi,.iduais residing in this area. During the 1981-82 fiscal year, there has been an average of thirty-two hsndicai•pvd adults enrolled in programs provided through the Vocational Training and Sheltered Workshop in Indian River County, Inc. The term handicapped, in this instance, refers to those who are mentally impaired, hearing impaired, orthopedically involved and in some cases those with possible learning disabilities and minor ,-;notional problems. The clients are all adults and the chronological age range is from ei;diteen to sixty-two years. In the past some older clients have also been involvrd in services through our organization. The range of services provided these clients include, but are not limited to: 1. Academic Instruction: this instruction is based on the needs of the individual. The clients are taught to tell time, follow time Schedules, count money, perform ba sic communication and read simple directions. The academic program is functional in nature. 2: Vocational Training: (a) Horticulture: a greenhouse has been constructed and the clients are actively involved in plant propagation, simple lawn care, use of simple lawii tools as well as skills essential to success- ful vocational functioning, i.e. following directions and remaining on task until it is completed. ® � r (b) Ceramics: Many clients are active in improving fine motor coor- dination, and work quality concepts. The products are manufactured and sold within the facility. (c) Sewing: clients are taught to repair and maintain their own clothing and to construct objects which are also sold through the Workshop. (d) Home -Economics: emphasis is placed on teaching the clients to prepare simple meals for their own consumption due to -the fact that at sometime in their lives, they will be expected to prepare their own meals. The clients prepare and sell bakery goods during the holiday season. 3. Social Skills Training: Clients are involved in such activities as swimming, bowling and community outings. The services are provided on a regularly scheduled basis. 4. Transportation: the Workshop provides transportation for those clients in need of transportation regardless of where they reside in the community. While the enumerated range of services are not inclusive, it provides the reader with a concrete listing of functions provided locally. In the past, many of these clients would have been institutionalized or remained in their homes being totally dependent upon their parents. In cases where clients would have been institutionalized, the cost would have been much greater than it is for the individual to attend the workshop. In cases where the clients would have been the total responsibility of the parent, the services which could be provided would be extremely limited and, in many cases the parents would not be able to provide for the handicapped family member financially or physically. Based upon the fact that there are in excess of thirty handicapped adults residing in Indian River County and the community members have founded this organization and supported it from its inception, application is being made for a portion of Community Services Funds. The Workshop proposes io use the $3,100.00 from the Community Services Trust Fund to supplement our overall program which is funded primarily through Title XX dollars, community contributions and funds derived through sale of products. Products are produced in the Workshop by clients. We respectfully request the support of the County Commission in applying for'these funds which have been allocated for use within Indian River County. J U L:2 11 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board approved, with Commissioner Fletcher voting in opposition, the adoption of Resolution 82-65 authorizing the Chairman to sign an Agreement with the State for financial assistance for the Vocational Training & Sheltered Workshop, and the Indian River County Council on Aging, Inc. 21 .50 Fii 57 07 AUL 211982Q R E S O L U T I O N No: 82- 65 A RESOLUTION AUTHORIZING AND DIRECTING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER 'COUNTY, FLORIDA, TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER, FLORIDA AS FOLLOWS: Section I. That the Chairman is hereby authorized and directed to sign in the name and on behalf of the Board of County Commissioners an Agreement between the Florida Department of Community Affairs and Indian River County, under the Florida Financial Assistance for Community Services Act, asoper copy attached hereto and made part hereof. J • J Section II. That all funds necessary to meet the contract obligations of the County and its delegate agencies (if applicable) with the Department have been appropriated and said funds are unexpended and unencumbered and are available for payment as prescribed in the contract. The County shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contributed by other source, i.e., contributions other agencies or organization funds. PASSED AND ADOPTED THE 21st DAY of JULY, 1982. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Y Don C. Scurlock, Jr. Chairman ATTEST: Freda Wright Clerk Approved as to form and legal sufficiency STATE OF FLORIDA, By—,Z INDIAN RIVER COUNTY ry M. Brandenburg THIS IS TO CERTIFY THAT THIS IS - oulity Attorney A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK BY D.C. DATE �� * /�•,�T1• 7:1 w. r ...� :w� • Z ••C Atilt •-� a' S. R`7_Cars 3.C_ n'7 _ / 4 � ies.VC � AS�_S _:s�.C_ � C��_..'ti _ ' ? -� (CO10T. - i-ITY SERVCCES CRUST r':IC ) G---LV;T A29LIC2TECN !�1A.T.L TO: Department of Community Affairs Division of Local Resource Management 2571 Executive Center Circle East Tallahassee, Fl. 323G� Attn: CSTF Application Pace I of 7 * Submit two copies One must be original PLEAS^ -61777' CUESTMNS 1. Lcca' Gcvernmental Unit Applying for Grant: `arae: Indian ivCounty Telephone: $05)567-8000 pare of town, ci =y or cairn ty) Ext. 200 Address: 1840 25th Street, Vero Beach, Florida zio; 32960 County: Indian River Vocational Training and Sheltered Workshop and 2. Delegate Ac en cy (s) : Indian River County Council on Aging (SEE BELOW) (apDllcable Only for Private non moil C. cor'i o3: azJ-on ne! eca -es ) 3. Person w=th over-all respor_sibili ty of c:a_nt: Ot: a Lepa_t^e.^. t w:.,i contact this person should questions arise Mare: Jeffrey K. Barton Telephone: (305)567 -8000 -Ext. 200 Address: 1840 25th Street, Suite 216, Vero Beach, Florida 32960 4. Name and address of person authorized to reces1►ve funds. . If t:.is am- plication is funded, checrks will be mailed to this person. All chec'c_ wi'_1 be made payable to the local government. Ta=e : Jeffrey K. Barton Add_ ess 1840 25th Street, Suite 216 Vero Beach, Florida zio ; 32960 3. * Vocational Training and Sheltered Workshop Indian River County Council on Aging Richard D. Szott Arlene S. Fletcher 1385 16th Avenue 955 7th Avenue ':Vero Beach, Florida. Vero Beach, Florida 32960 (305) 562-6854 (305) 569-0760 NOTE: This application must be postmarked not later than August 1, 1082 to be considered. , 600K 50 Dx"' , L Y J UL 21 1982 rn par L 2 11982 ,� _, : L� GRANT APPLICATION Page 2 of 7 Complete a separate page 2 for each individual program. Use an attachment page(s) if necessary. Name of Program Developmental Training 1. Give a brief overview of the proposed program. To"provide formal or informal compensation and remedial education for developmentally disabled adults, such as enriching learning experiences, adult -basic education and developmental training. 2. Identify the unmet human service need that this program will address. There is no program in Indian River County to serve the post -school age retarded adults, so they may have an opportunity to develop the skills, attitudes and behaviors which will enable them to function more succesfully as citizens. 3. What impact will this program have on the unmet need? Through the use of Individual Program Plans each client will receive training to develop maximum use of the abilities. Progress is scrutinized on a continous basis. Program areas include self- help., daily living, communication, social skills,.motor skills, recreation, horticulture ceramics, functional reading and number recognition. - 4. Is this program currently operating.? YES'.X NO If yes, what changes, if any, will these funds provide for? Program is currently in operation. This grant will enable .us.to'expand our program with a work -oriented situation and also serve a larger portion of --:.he target .population. 5. Identify the specific target population that this program will serve (elderly, low-income, handicapped, etc.)'. Developmentally disabled (Handicapped) adults over age 1'8 in•Indian River County. 6. How large is the program target population? Provide numbers. There are 50 handicapped adults in need of Developmental. Training. 7. How many of the target population will be -served by the program? Provide numbers. 35 to 40 persons _ 8. Will this program be coordinated with -any other program or services? Identify them and explain the coordination of services. Clients and their families are referred to supportive.services on a continous basis. When a client develops necessary pre -vocational skills,•he/she will be transitioned into our work -oriented program. When a client has worked.in the work -oriented sheltered' setting roffgreess will be cevvatl7uatedoand Rif necessary the person will be referred to the 9 Sta' q, Ft`ne�Sdea arairfe jUXaq_at en�l ha a Mita"��t�n °i ell° til t �h& ednlltL? If yes, identify the type and amount. No. 10. What funds will sustain this program after the expiration of this grant? Department of HRS,,Title XX Funds and Community support. 11.- Who will do the audit of the program? Must be a CPA firm, municipal auditor, county auditor or Clerk of Court. Schecter, Beame, Pfiffer and Burstein. Complete a separate Qacje 3 for each proyram activity GRAN•r APPLICATION 'Page • 3 of 7 Local Governmental Unit Applying INDIAN RIVER COUNTY i. town, county or'c..ty A. Program objectives (What major accomplishments do you plan to achieve?) To provide activities to.35 handicapped adults in Indian River County in the areas of self-help, socialization, recreation, motor skills and coordination, independent living, communication and pre -vocation. Clients will participate in activities which will promote independence and hed.lthy '.self-concept. VOCATIONAL TRAINING AND SHELTERED WORKSHOP IN INDIAN RIVET COUNTY, INC. Name of Program cc [.i Lo ©. Major Activities and Subs teps Required to. accomplish. objectives 1. Evaluation of clients, and referral for'supportive' services. 2. Intake, assessment and individualized►program plans for each client. 3. Habilitation and training with monitoring of progress monthly, , 4. Training in proper adult behaviors such as social and emotional attitude. 5. -Elimination of inappropriate behaviors which are a barrier to participation in community activities. 6. Referral to a State Vocational Rehabilitation Program. C. Planned Results. Show what por- Lion of your objectives will be accom fished each quarter. (Quan� fy all accomplishments.) As of: 12/31/82 20 clients will be. -evaluated screened, assessed, and provided with an* Individual 'Program Plan for one year. As Of: 3/31/83 An additional 15 clients will be evaluated, screened, assessed and provided with a written Individual Program Plan for one year00 . N CY) As of ; 6/30/83 Clients will be receiving --J habilitation and training in areas of self-help, socialization, 'recreation, motor skills and coordination, independent living and pre -vocation. As of: 9/30/83Annual progress will be monitore( recorded and clients who have reached their potents: will be referred to the State of Florida Vocational Program. JUL 211982 9 GRANT APPLICATION Page 4.of ? see Cc^olete a separate pace 2 for each individual program. attachment page(s) if necessary. Use an Name of Program Indian River County Council on Amin_T. Inc 1. Give a brief overview of the proposed program. To'coordinate all service ot'f',�red by this ai•ency so that, the senior citizen will receive the requested sorvice promptly - especially in the transportation/escort, home delivered meals and homemaker areas. To provide central management. 2. Identify the unmet human service need that this program will address. !'O elimanate any unnecessary waiting period between request for :services an(! actual delivery. To provide the senior with a since of assurance that he/she is not for:;otten. 3. What impact will this program have on the unmet need? It will allow a trained staff person to assemble an overview of the complete situation regarding �,acc senior requesting a service - utilizing the doctor and whatever agency :2�&ould be involved. 4. Is this program currently operating? YES NO If yes, what changes, if any, will these funds provide for? All services listed are offered, however, to completely utilize our capabilities _and allow_for.each senior served to fully benefit from services, the position ' is desperately needed to provide ;this assurance. 5. Identify the specific target population that this program will serve (elderly, low-income, handicapped, etc.) . Senior Citizens 60 year. and older - 15,000 plus county -wide population. Estimate serving approximately 1700 in the above- mentioned hand core service areas. 6. How large is the program target population? Provide numbers. We find that complete service packages are not being provided duet to lack of coordination. We have found this to be the case in one out of every three seniors served - or approximately 200 recipients should be receiving more than one service. 7. How many of1the target population will be served by -.the program? Provide numbers. Approximately 1700• unduplicated seniors will be served. 8. Will this program be coordinated with any other program or services? Identify them and explain the coordination of services. Yes, respite care, Mini day care, congregate meals, chore, recreation, telephone reassurance, transportation/escort, home delivered meals and homemaker 9. Will these grant funds be used to match a federal or other grant? If yes, identify the type and amount. No - F 10. What funds will sustain this program after the expiration of this grant? Increase in Federal Budget allowances. 11. Who will do the --audit of the program? Must be a CPQ, firm, municipal auditor, county auditor or Clerk of Court. Indian River County personnel. C UIII �J l t? L C' a...s C `: i1 Y �A L pa:a t� 3 (tr 53 �} k x $i fo6. r cacti program activity GRAt!'f AVIll.WA'I'10N 1 aqu .3A o:* 7 Local Governmental Unit r1t)i:lyiny Indian River County Name Of Program Indian River,County town, county or c i ty) Council on Aging, Inc. t -. ..j A. Program Objectives l3, Major Activities and Substeps C.� ,=L (i'T")VJdC quantifiable numbers for Required to accomplish objectives Planned Results. Show what por���`.. tion of your objectives will be>. x_11 objectives) accom )lished each quarter. : } ' `Y t r}.oi 0 ,.� u : 9/30/83 100" i� A. ,a and b and Quan i y all accomplishments.) a. To coordinate services offered by this a. To educate existing staff of the functions of As of: 12/31/82 and other agencies to senior citizens program coordination. �; of Indian River County age 60 and over to effect a more complete and adequate b. To inform other service agencies of the functions 50% �. package for each 'individual as their of program coordination and its goals. A. a and ba'�'�= needs demand. c. To use all mbha sources to effect information to B. a,b and c. 1 1 the general public. ,a4 b. To eliminate the possibility of any delay in the delivery of a service(s) d. To solicit volunteer participation (individual and As of :3/31/83 group). in all service areas. r Ie 75� r 1 r A. a and b B. a,b,c, and `d.. I rxF I As of : 6/30/83 �j n Isg%f 90- 0A. A.a and b. } ' `Y t r}.oi 0 ,.� u : 9/30/83 100" i� A. ,a and b and �.. JUL 211982 GRANT APPLICATION Page 4 or � #00K..5® P1+a- ,564 Vase oL Az_nlicant: INDIAN RIVER COUNTY (City or Cou: zy) TGT'AL _L-DG..T A. Include figures 46 --cm, all delegate agency budgetsipps. 6) B. Explain by attachment all expenditures over 5500 -per line item. C. Cash match must be at least one halms of state grant requested. D. The cash and in-kind°match combined must equal the state grant. R.V�IUE Use only dollars No cents I. State Grant 2. Cash at Ch (nQ ��.�0�- 1 ��•��77�iCC azr-,a?t- ro�orli� :�3*'; "� .. faa►as ., Zt;z?.z. a b .I " 2z �r.r .i a1 1 r.Wed)3,059.50 s+ 3. In -Rind Match 3,059.50 4 • =�=' 3.�T.1`�IIIE 12.238.00 Rental Space GRA'VTEE ADM=ISTRATIVE EXPENSE CASE. IN -K=10 5. Salaries 6. RentalSpace Equipment 7. Traved 22. 8. Sunulies 9. Other (specify on attachment) 10. TOTAL (lines 5 through 9 ) DELEGATE PROGRM EXPENSE DELEGATE ADM=18TRATIVE EXPENSE 24. ll. Salaries 4_gQn nn 10529.75 12. Rental Space I3 : Travel Travel 14. Sumnlies 27. 2.3. Other (specify on attachment) 2,789.25 - 16. TOTAL ( lines 11 through 161 *17. TOTAL ADM"'NISTRATIVE EXPENSES - - (line- 10 and 16 ) *Line 17 must not exceed 13% of two times line 1. GRANTEE PROGR;IX EOENSE 18. Salaries 19., Rental Space 20. Travel 21. Equipment 22. Other (speci-y on attachment) 23. TOTAL (lines 18 through 22) DELEGATE PROGRM EXPENSE 24. Salaries 4_gQn nn 10529.75 25. Rental Space 1,529.75 26. Travel 299.25 27. Equipment 2,789.25 - 28. Other (specify on attachment) 1,800.00 29. TOTAL (lines 24 through 28) x,178.50 1 n5g sn 30. TOTAL PROGR.a1K EX2ENSES (I -Imes 23 and 29) 9,178.50 3,059.50 31. TOTAL EXPEN. D?TURES (lir_e 17 and 30) 9-178.50 3(l59 sn 32. TCT?1110IBI-NED EXIENDITURES ('C d 38.00 GRArNT APPLICATION Page 5 of 7 Local Government Unit Applying: Indian River County CASE AND IN-KIND. MATCH I. Cash Match (no federal funds allowed except federal revenue sharing) Source I. Cash Contributions 2. Thrift Shop 3. 4. Amount 1..1,529:75 2. 1,529.75 3. 4. 1. TOT_AL CASH MATCH 3,059.50 II. In -Kind Salaries inc. Hourly Hours Total Benefits -Position Title Rate Worsted Volunteer Coordinator S 3.75 X 145 = 543.75 Transportation Coordinator $ 4.00 X 2462 = 986.00 $ X - $ X = $ X - $ X = $ X = II. TOTAL SALARIES 1.529.75 III. Other In -Kind Unit Number Total Description & Source Cost Units Building $ .3824 X 4000 = 1,529.75 $ X = $ X = $ X = $ X = $ X = III . TOTAL OTHER 1,529.75 looX 50 PA'j-F— 56 ii JUL 211982 1M ft �_ Tt7 T/1f71X T 1%�.1 mi..e r (at AXI A�JeLl(�ATIUN - aCe b Or. -��UL.21 1982 six 50 Pr,�;5 . �i_ Local Coveta2. U. -4i` App Ivy ag : INDIAN RIVER COUNTY �1 *'This pace applicable only to p=-; vat_delegata acanc:es Complete a separate page 6 for each delegata ager.c: prcvider o ros` ail name: DEVELOPMENTAL TRAINING Name of Oelecate Agency: Vocational Training and Sheltered Workshop in Indian Addz. ess : 1385 16th Ave, Vero Beach, ffatyIA98- Contact Person: Richard Szott Telephone: (305 ) 562-6854 Tax Exempt Number: 59-164-7746 l= none, attach a copy of. the certificate of incorporation) ADMINISTHATIV^c {?ENSES 1. Salaries 2. 'Rental CASH s 3. Travel. • 4. Supplie$,_ S. Other (specify on attachment) 6 . TOTAL, ( lines I through S) PROGRAM EXPrNSLs 7. Salaries 8. Rental Space 1529.75 9. Travel ---------- 3.0. Equipment 2789.25 ' .. 11. Other (specify on attachment) •1.800.00 _ 12. TOTAL ( lines 7 through 11) .4589.25 .1529.75 . 13. TOTAL EXPENSES (line 6 and line 12) 4589.25 TOTAL BUDGET 6119.00 THE. WITH DELEGATE AGENCY HEREBY APPROVES THIS ���ATION ALL RULES, 'REGULATIONS AND WILL COMPLY AND CONTRAC L.AT1�VG F.E. =0: APPROVED BY:* FKanklin H. Cox President of Board-.. (Signature) ' Typed Name ATTESTED BY: Richard Szott qL, �, It I Typed Name (Signature) Executive Director�Acting Title BY ATTACH.Z.T Tvti . NY L__ � I__.l OVER. $500. EXPENDITURES Operating Expense Telephone Equipment Teaching Supplies Horticulture Supplies Furniture Total Total Operating Equipment 'JUL 2:1...1982 L- 1800.00 1077.25 1061.00 651.00 $2789.25 1800.00 2789.25 OK 50 JUL 211982 GR�.NT APPLICATICN Pace 6Aof 7 lK 50 � 9 Lcca_ e...^e.^. ..._ - _ ....:..^.�@ 3 samaza =ace eaC r :c; a.'1 �Ta.:.e _T, i ,-, 7�; ••., - ri,,l'1* Council on A *1P.r TnC ;Ta:7e o= Je=eczte AcenCV; Indian River County Council on A-in;Inc. :kddr=ss : 955 7`•h Avenue Vero Beach, Florida 32960 - C_ -.^.tact Pe=sor.: Arlene S. Fletcher Te --l-one: (305 ) 569-0760 T a.. I:te.r�c t `� L-•''� e= : 06-00180-00-41 i none, attach a. coa-- the of tcertificate of incor-�o� ation) TOTAL BUDGET 51 q 00 THE DELEGATE AGENCY HEREBY APPROVES THIS APPLICATION ?"NTD WIr,L COMPLY WITH ALL RULES, 'REGULATIONS AIND CONTRACTS RE L?.TING THERETO: APPRGVD 3y: Poll -1 Crowell Pres -dent or Board (S;� ) . Typed Name . atu=e A r -r7 ED BY : S•` 12i^np S Fletcher Typed Name —Fxecutii,e nir�ctor Sicnat-.:re) A_CM j-.,T-_Sz, 7,_� ri—Z .-.s?L':TSES CASE -, _t—EI.`TD =3 _4 e �r 2. .cental 3. Travel 4. Sup^?'_es S. O-!7..er (scec=`y on attac"^,ient) (14 ..es Z through S } 7. Sa?aries 42QO-00 1529.75 $. Rental Scace 9. Travel 299.25 10. Ecui_ ment 11. Other (specif on attachment) 12. TOTAL (lines 7 throuch 11) 13. ,S TOT. EXPE;75E ( line 6 and line 12) 1529.75 TOTAL BUDGET 51 q 00 THE DELEGATE AGENCY HEREBY APPROVES THIS APPLICATION ?"NTD WIr,L COMPLY WITH ALL RULES, 'REGULATIONS AIND CONTRACTS RE L?.TING THERETO: APPRGVD 3y: Poll -1 Crowell Pres -dent or Board (S;� ) . Typed Name . atu=e A r -r7 ED BY : S•` 12i^np S Fletcher Typed Name —Fxecutii,e nir�ctor Sicnat-.:re) BOARD OF DIRECTORS ' Polly Crowell President Hubert Poole Vice President Iohn Kirchner Treasurer Tony DiPietro Secretary George Armstrong Tom Buchanan Charles Cain Gordon Carlile Bernard Cornell Blayne Jennings Rev. Bruce Levine Pat Lyons, Comm. Donald E. Nelson Charles Parks Sue Schlitt Arlene Fletcher Executive Director 00 1,4 India River county Council on Aging, Inc. 955 - 7th AVENUE • P.O. BOX 2102 VERO BEACH, FLORIDA 32960 TELEPHONE 305 - 569-0760 ADDENDA - PAGE 6 Program Expense: SALARIES: Service Coordinator $165.00 per pd x 26 pds = 4290.00 IN-KIND volunteer Coordinator 3.75 per hr - 145 hrs Transportation Coordinator 4.00 per hr - 2462 hr JUL2'11982 - 543.75 986.00 1529.75 0 i40K 50 4 � 211982 GR.AvT PL:CA:-710N Page 7 of 7 70 Board of County Commissioners Local Zovernmental Unit Applying: Indian River County ( N;01E OF CITY OR COUNTY ) 14. THE APPLICANT CERTIFIES THAT DATA IN T:iIS APPLICATZ^N ANO ITS VARIOUS SECTIONS INCLUDING 3UCGET DATA, ARZ TRUE A.VD TO Tv. -r BEST OF :IIS OR u.ER KNCWLEDGL PAID THAT ' THE FILING OF THIS A2PLI.CATION HAS BEEN. DULY AUTECRIZ:.D AND UNDERSTAINDS THAT IT WILL BECOME PART OF THE CONTR.kCT BETWEEN THE DEPARTMENT Ai10 THE A2PLIC;a\1T. THZ BOARD OF COUNTY COMMISSIONERS OR THE CITY1. COUNCIL HAS PASSED AN APPROPRZ.ATE RL'SOLUTION WHT_CE AUT`HCRIZES THE EXPENDITURE OF FUNIlS FOR THE SP::CIZ IED PROGRA:HS. I? FE S OR CONTRI3UTIONS ARr TO BE UTILIZED AS FOR TMS CR. -MT, OR IF A DGLLGATw AGENCY IS TO PROVIDE '"HV ATCH:NG S'ri1' RE- t AMD THEESE FUNDS A"RE NOT FORTHCOMING, THIS PESOLUTICN ALSO SPECIFIES -THAT TH.E CITY 0. COUNTY WILL PROVIDE THE NECdS- SARY MATCH,* TH:S A2PL2C;LVT FURTHER C= -IVIES, DUE 'TO HE LEGISLATIV-z ZN#:'EYT NOT TO DUPLICATE SZ.W-: S AND TEAT '"6.—SZSc. PARTICULAR SZ.WICES ARS NOT BEING PROVIDED NCR ARE THEY AVAZzA2L*Z FROM ANY OTHER .STAT_ AGENCY. ALTHOUGH SIXILXR SERVICES XWY BE A6'VAiLA3LE; THE A2PLSCAN T CERTIFIES Tu.AT NO OTAZR RESOURCE EXISTS TO PROVIDE TES:. .0 ART CULAR SERVICES TO THESE CLIZXTS WITHCUT 'THE USE OF THE IS MONZY. Don C. Scurlock, Jr. are (ty, ed) Signature Chairman, Board of County Commissioners of Ind: I t I e : 4 r , Chairman of Boars of County . andlegal f cien+ By= 1. Brandenb ssione:s , etc. loitida Administration Building, 1840 25th Street, Suite N-.158, Vero Beach Address Florida 005 ) 567-8000•Ext. 434 Telepnone AT'T'ESTED BY: July 21, 1982 Date ame ltypes) Sigra:u:e u Clerk Title H. Site Plan Approval Extension for Colonial Heights The Board reviewed the following letter from Planning Manager Challacombe: TO: The Honorable Board of DATE: June 28, 1982 FILE: County Commissioners IRC -8I -SD -105,#662 THROUGH-:.- C. B. Har Jr., Ph.D. %Acting Cou ty Administrator SUBJECT: REQUEST FOR SITE PLAN APPROVAL DEPARTMENT HEAD CONCURRENCE: EXTENSION OF COLONIAL HEIGHTS QUADRAPLEX (LOT #2) Patrick Bruce King FROM: Art Challacombe REFERENCES: Frank Zorc' s letter dated Planning Division Mgr. 6-16-82 to Chairman Eggert DESCRIPTION AND CONDITIONS: On September 10, 1981, the Planning and Zoning Commission approved the Site Plan Application for a 2,828 square foot apartment quadraplex on Lot #2, Colonial Heights Subdivision. In a letter dated June 16, 1982, the owner, Mr. Frank Zorc requested a six (6) month extension of that site plan approval. Mr. Zorc states that "economic conditions including the interest rates" have delayed starting this project. Granting the requested extension will set an expiration date for site plan approval of March 10, 1983. The site is designated LD -2 (6 units/acre) in the Land Use Element and is presently zoned R2 -B, Multi -Family Residential. RECOMMENDATION - Although the proposed development of Colonial Heights Sub- division exceeds the 6 units/acre maximum density of the LD -2 designation, the subdivision was approved prior to the adoption of the Land Use Element. Therefore, it is recom- mended that the Board of County Commissioners grant the six (6) month extension. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board approved, with Commissioner Fletcher voting in opposition, a _ request for Site Plan Approval Extension of Colonial Heights Subdivision, Lot 2, for six months. BOOK 50,�;:-;� JUL9� (no pages 24-26) 27 J U L 211982 ELECTION PRECINCTS - MASTER COPY Rosemary Richey, Supervisor of Elections, reviewed the following Election Districts with the Board: INDIAN 7'11 V ER COUNTY ELr7CT ICht D1 .-. -7.2 CTS PRECINCT NO-. LOCATION "' PAGE NO_ 10 Roseland Community Center... 1 - 9 11 Fellsmere Community. Center . 1 - 1 12 Sebastian C.ommuni.ty..C.enter.,. N, Central 1 - 15 13 Grace Methodist Church,.Wabasso 1 - 8 14 First Baptist Church,. Winter Beach 1 - 2 20 Our Savior Lutheran Church, 1.850. 6th Ave. 1 - 2 21 Carpenters Hall, 2566 .12th Ave. 1 - 2 22 Baptist Retirement Center, 1006 33rd St. 1 - 1 23 Middle Seven School, N.. Gifford Rd. 1 - 1 24+ Indian River Shores Firehouse 1 - 3 30 Community Building, 2266 14th Ave. 1 - 2 31 Treasure Coast Cathedral,. 3660 16th St. 1 - 1 32 Mueller -Center, Indian River.' Community College 1 - 1 33 Clemans School, 4350 43rd Ave. 1 - 3 34 Asbury Methodist Church, 1708 43.Ave. 1 - 1 40 Youth Center, 19th St. 41 Glendale Baptist Church., 790 27th Ave. 42 Citrus School, 2771 4th St. 43 Highland Community Center, Vero Highlands 44 Moose Lodge, 226 43rd Ave. 50 Jaycee Building, forth. A-' 14A 1 - 1 51 Beach Firehouse E. End Barber Bridge 1 - 2 52 Rockridge.Community Center 1 - 2 53 Tabernacle Baptist Church, 100 Old Dixie Hwy. 1 - 1 54 Vista Royal Clubhouse 1 - 1 55 St. Edwards Upper School ( S. A -1-A) 1 - 1 Mrs. Richey then discussed the various districts on the map, and pointed out the Congressional and House Districts. She added that two precincts will have to vote on paper ballots, which will involve only nine people. ON MOTION MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously accepted and approved the Master Copy of the Indian River County Election Precincts. Airs. Richey advised that she would make copies of the map available to the Board. The map and the legal descriptions of the Election Districts are on file in the Office of the Clerk. WAGE AND SALARY SURVEY The Board discussed the following memorandum from Lynn, Williams, Acting General Services Director: TO: The Honorable Members of DATE: July 9, 1982 FILE: Agenda the Board of County Commissioners July 21, 1982 THRU: C. B. Hardin, Jr. Ph.D. UBJECT: Wage and Salary Survey Acting County Administrate J FROM: REFERENCES: Lynn Williams/:b Acting Genera Services Director DESCRIPTION AND CONDITIONS A Position Classification and Pay Plan Study was completed in May, 1979 by Cody and Associates. As with any Pay Plan Study certain maintenance should be ongoing.in order to reduce inequities and possible shortcomings of the pay system. In July 1980 the Board accepted and approved the implementation of the present Personnel Management System as proposed by Cody and Associates of Lakeland, Florida. No update of the Pay Plan was done at this time. Jt1L BOOK50 1 1982 29 JUL 211992 The County Staff has undergone a tremendous change and growth in the three years since the last Pay Plan Study was completed. The Kelton reorganization approved in 1981 addressed actual structure and operation of the County but was not meant to explore pay or job classifications. At the April 14, 1982 commission meeting, the Board authorized the Administrators' office to seek proposals from Management Consulting firms to perform a Wage and Salary Survey. A letter was sent to eight (8) firms on May 11, 1982 outlining the service and objectives of the survey. In a follow up letter on June 3, 1982, these companies were instructed to submit their proposals no later than June 9, 1982. Five management firms responded with project costs varying from $4,500.to $22,100 (see attached Bid Tabulation). All firms pro- posed,essentially the same services, although methods of evaluation varied as did the time required for completion. ALTERATIONS AND ANALYSIS Several options are available to the Board concerning the pro- posed study. Proposals received carried a wide variety of price tags. Cody and Associates was the low bidder with their proposed cost of $4,500. Cody has completed similar studies in approximately 70 cities and 23 counties, including the previous study con- ducted for Indian River County iii 1979. Alternative A Authorize Administrator to contract Cody and Associates to provide the proposed Wage and Salary Survey. Cost as proposed will be $4,500. Alternative B Authorize Administrator to rebid the proposed Wage and Salary Survey in hopes of attracting a larger number of qualified management firms. Alternative C Instruct Personnel Office_to conduct an in-house wage survey using factor analysis or point evaluation method to provide unbiased job evaluation and pay structure. RECOMMENDATIONS AND FUNDING Staff recommends approval of Alternative "A", with instructions to the Personnel Director to personally oversee and review the project. No specific funds have been budgeted for this expenditure, however, Staff recommends payment from account #001-199-513-99.91, Board of County Commission Contingencies. Dr. C. B. Hardin, Acting Administrator, reviewed the bid tabulations of the five management firms who responded to perform the work for the Wage and Salary Survey. He advised that Cody and Associates was the low bidder,* and that staff recommended them to provide the survey. Dr. Hardin pointed out that they would furnish the County with an implementation booklet. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, that the Board approve the Acting Administrator's recommendation of Alternative A to contract Cody & Associates in the amount of $4,500 from Account #001-199-513-99.91, as indicated in the memorandum of July 9, 1982, and accept the implementation booklet from Cody and Associates. William Koolage, interested citizen, inquired if this survey applied only to the County Commission employees, or would it involve other County employees. Dr. Hardin reported that he had written to each of the Constitutional Officers regarding the survey, and he was waiting for a response from Tax Collector Gene Morris and Supervisor of Elections Rosemary Richey regarding their participation. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. STATE FUNDING FOR BEACH RESTORATION PROJECT 0 The Board discussed the following memorandum from Public Works Director Davis: SOK5 0 J U L 211982 31 J U L 211982 5a ffE r i n TO: The Honorable Members of DATE: July 8, 1982 FILE: The Board of County Commissioners THRU: Dr.- C.B. Hardin, Jr.,PhD Acting County Administrato SUBJECT' • Florida Department of Natural Resources Erosion Control Program Budget for Fiscal Years 1983/84 and 1984/85 '�v f FROM: James W. Davis, P.E., REFERENCES: Deborah E. Athos, Director Public Works Director Division of Beaches and Shores, to Honorable Don C. Scurlock, Jr. =tat July— 1, 1982. DESCRIPTION AND CONDITIONS The Florida DNR Division of Beaches and Shores is preparing the Erosion Control Program budget for FY 1983/84 and 1984/85. Public Works projects and studies relating to beach erosion control, beach preservation, and hurricane protection are eligible for State funding consideration under Section 161.091, Florida Statutes. The County Staff has received the application forms which must be completed along with a resolution for each application. The due date is August 15, 1982. ALTERNATIVES AND ANALYSIS The County can submit one or more applications under the program. The Beach Restoration project is eligible for up to 75% State Funding, depending on Federal participation. Other projects eligible include constructing Dune overwalks, revegetation, dune construction, etc. The following alternatives are presented: Alternative No. 1 Authorize applying for State Funding for the Beach Restoration Project. Approval of project is before Congress and depending on funding, may begin in 1983. In the past, the County has compensated Arthur V. Strock and Assoc., Inc.., Consulting Engineers specializing in Beach Restoration and erosior. control,for completing such an application. In a telephone conversation with Tom Campbell of Strock and Assoc. on July 8, 1982, Mr Campbell stated that his firm would prepare an application for a not -to -exceed cost of $500. each. Since this is a specialized field, the County Engineering Division could not complete the application for less than this amount. Also, the County could authorize the same firm to submit a second application for dune crossovers and other miscellaneous localized projects. The cost would not exceed $500. for this second application. Alternative No. 2 Submit an application only for the Beach Renourishment Program. Request Arthur V. Strock and Assoc. , Inc., to prepare the application for a not to exceed cost of $500. RECONItT DATIONS AND FUNDING It is recommended that a motion be made authorizing the County Staff to implement Alternative No.l whereby the County will compensate Arthur V. Strock. and Assoc., Inc., $500. each for two applications under the DNR Erosion Control Program for FY 83/84 and FY 84/85. One application shall be for funding the Beach Restoration Project and the second application shall be for miscellaneous erosion control measures such as dune crossovers, etc. Funding in the amount of $1000. to come from the Department of Public Works Account No. 004-243-519-33.19, Other Professional Services, unencumbered Balance as of June 30, 1982 is $17,639. Mr. Davis advised that staff recommended selecting Alternative 1 to hire Arthur V. Strock and Associates, Inc. to prepare two applications. Chairman Scurlock inquired if this would commit - the County; would the Board have the ability later to designate construction of the dunes; and would there be flexibility to say "no," or designate preservation measures. Mr. Davis did not believe that the County would be committing itself at this time; it would only be making the applications. He continued that once the applications are processed, then they would come back to the County for a firm commitment. Commissioner Fletcher affirmed that the Board was being asked to pay $500 to have each grant application completed. Mr. Davis agreed, and added that this particular firm attends meetings to keep abreast of the latest programs of this type. Commissioner Lyons felt the Board should not cut off its options regarding beach restoration. Commissioner Wodtke pointed out that the firm of Strock and Associates was also doing consultation for Ythe City of Vero Beach. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board authorize Arthur V. Stock and Associates, Inc. to prepare the two applications in the amount of $1,000 from Account No. 004-243-519-33.19, as indicated is Alternative 1 in the July 8, 1982 memo from Mr. Davis. Frank Zorc, 20th Avenue, felt it would be a good idea to attach some type of a memo to the applications indicating JUL 211982 33 J U L 211982 the intentions of the County. Bong 50 0 i 1 He suggested giving the consultants a directive along those lines. Chairman Scurlock advised that he wrote to the federal government in this regard. -. Mr. Zorc interjected that if he would do the same to the State, then he would be happy. A brief discussion ensued, and it was determined that a resolution would accompany the application, which would elaborate the County's feelings and intentions on the beach restoration project. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 4 to 1, with Commissioner Fletcher voting in opposition. PAVING OF R. D. CARTER ROAD The Board next reviewed Mr. Davis' memorandum dated July 8, 1982, as follows: TO: The Honorable Members of the DATE: July 8, 1982 FILE: Board of County Commissioners THRU: Dr. C.B. Hardin, Jr., PhD AGfing County Administr SUBJECT: Paving of R.D. Carter Road Between 43rd Avenue and 27th Avenue FROM: James N. Davis, P.E. , REFERENCES: Public works Director DESCRIPTION AND CONDITIONS During the September 16, 1981, meeting of the Board of County Commissioners, an expenditure of $50,000. was approved for paving and drainage improvements to R.D.. Carter Road. These funds were intended to pay for a 1" asphalt cap on the existing unimproved road. As construction is about to begin, it has been found that enough funds are in the Road and Bridge Division account No. 004-214-519- 33.39 (Road Materials Account - Unencumbered balance as of June 30, 1982 was approximately $323,000.) to construct a paved road with a 6" thick Soil Cement Base located 15' north of the canal. This would be a safer road geometrically. RECO% ENDATIONS AND FUNDING The only alternative recommended is to approvefunding not to exceed $80,000. from budgeted Road and Bridge Department funds for the construction of R.D. Carter Road between 43rd and 27th Avenues. Funding to be from Account No. 004-214-519-35.39. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board accept the recommendation of the Public Works Director, as indicated in his memo dated July 8, 1982, to approve funding not to exceed $80,000 from budgeted Road & Bridge funds for the construction of R. D. Carter Rd. between 43rd Ave. and 27th Ave., Account No. 004-214-519-35.39. Mr. Davis advised that they were ready to begin paving; they do have sufficient funds to construct this road, using a suitable base material and to geometrically align the road. He commented staff was requesting that the Board approve additional monies to do the road properly. Commissioner Wodtke noted the fact that there is extra money in the Road Materials Account, the additional $30,000 could be used to fix another road elsewhere. Mr. Davis discussed the road in question, and felt that if it was not shifted to the north, it would be a dangerous situation. He added that there would be an 8' gradual off -set, and he felt there would not be a transition problem. Commissioner Lyons agreed that the road should be built properly. Lengthy discussion followed about connector roads and of Road & Bridge funds. Mr. Davis reported on the rights-of-way situation - seven deeds are now ready to be executed. All property owners at this location have -donated their property for rights-of-way to the County, except one, and his $800 price will be paid out of the $80,000 being requested today, he advised., �. r 8 3K 5 7 9 FFs�c UUL 211982 35 JUL 211982 :5 58 THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. MAINTENANCE TRANSFER AGREEMENT - SOUTH WINTER BEACH ROAD AND 16TH STREET RAILROAD CROSSINGS The Board discussed the following memorandum dated July 7, 1982 from Mr. Davis: TO: The Honorable Members of the Board of County Commissioners THRU: Dr. C.B. Hard' r., PhD, Acting County istrator DATE: July 7, 1982 FILE: F.E.C. SUBJECT: Maintenance Transfer Agreement for the South Winter Beach Road and 16th Street Railroad Crossings and Traffic Control Devices 1) David P. Young, DOT District FROM: James W. Davis, P.E. , REFERENCES: Railroad Coordinator to Jim Davis Public Works Director dated June 25, 1982 ref. South Winte: Beach Road Crossing • David P. Young, DOT District Railroad Coordinator to Jim Davis dated June 28, 1982 ref. 16th Street Crossing DESCRIPTION AND CONDITIONS The State DOT is requesting the County to accept the transfer of the tax funds and maintenance responsibilities for the following Railroad Crossings as a part of the Secondary Road System transfer to the County: 1) South Winter Beach Road (Route 590) at the FEC Railroad 2) 16th Street at the FEC Railroad To process the transfer, the following is necessary: a) Execution of Florida DOT Railroad Reimbursement Agreement - Grade Crossing and Traffic Control Devices Transfer Agreement. b) Adoption of a Resolution by the Board of County Commissioners substituting Indian River County for the State of Florida DOT in the original DOT Agree- ment with FEC Railroad. Copies of the original DOT -FEC agreements are on file in the County Attorney's office for review. ALTERNATIVES AND ANALYSIS In 1978, the Board approved accepting the responsibility of the above two subject roads and associated railroad crossings. The execution of the subject agreement and resolution are intended to implement the Board's previous action. • There are no known outstanding bills due to the FEC for work performed at these two crossings. RECObINENDATIONS AND FUNDING It is recommended that a motion be made approving the execution by -the Chairman of the subject Agreements and approving the resolutions necessary. There are no funding considerations at this time. There are yearly costs to be paid to the FEC for these crossings, and these fees will be paid by the Depart- ment of Public Works budgeted funds. 36 ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board, with a vote of 4 to 1 with Commissioner Fletcher voting in opposition, adopted Resolution 82-69 authorizing execution of a railroad crossing agreement for South Winter Beach Road, and Resolution 82-70 authorizing execution of a railroad crossing agreement for 16th Street, and traffic control devices. 50 PAc�. JUL 21 182 37 J U L 211982 COUNTY RESOLUTION CROSSING TRANSFER AGREEMENT t0ox .54 Fr,,�L 582 A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OTHER RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF'THE Indian River County AS A PARTY TO THE AGREEMENTS IN PLACE OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR- TATION, OR ITS PREDECESSORS, AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 82-69 ON MOTION OF Commissioner and seconded by Commissioner Wodtke the following RESOLUTION was adopted: WHEREAS, the Legislature of the State of Florida has enacted Chapter 77-165 providing for the transfer of maintenance responsibility of certain public roads, including railroad crossing agreements and other agreements, from the State to the Indian River County , and WHEREAS, the Indian River County has been presented with. an agreement for this purpose which it wishes to execute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA: That Indian River County enter into a CROSSING TRANSFER AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway Company providing for the substitution of the Indian River rein, -y- for the FDOT, or its predecessors, and the transfer of the rights and duties of the agreements listed in Exhibit "A" to the CROSSING TRANSFER AGREEMENT; and, That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and the El arida Fast CnaGt Railwa_ Company as herein described; and, That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the Board of County Commissioners of Indian River County Florida, in regular session, this 2_ day of j41., O � ATTEST:®� - Clerk of the Board of C . my • Co3=�� A G Chairman of the Board of Count O Approved qLs to form anAlega icie • yB.0, Gil u- Cey South Winter Beach Road FORM 722-928 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1-80 DIVISION OF ROAD OPERATIONS PAGE I OF 2 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES TRANSFER AGREEMENT (County) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. FAP NO. $8 590 1 6901 1 CR 632 Indian Rive 23 (2150) THIS AGREEMENT, made and entered into this 21 day of July '198 2 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and Florida East Coast Railway a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine County of St. Johns , State of Florida , hereinafter called the COMPANY; and Indian River County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: - WHEREAS, the Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in part, provided for the transfer of tax funds and maintenance responsibilities of certain public roads in the State from the DEPARTMENT to the COUNTY, and WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those roads to occur at the same time, and WHEREAS, the parties wish to provide for the orderly transfer of such Existing Agreements, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The DEPARTMENT assigns all of its rights and duties in the Agreements listed in Exhibit "A" to the COUNTY. The Existing Agreements are modified only to the extent that the COUNTY is substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a copy of all agreements listed in Exhibit "A". 2. The COUNTY accepts the foregoing assignment and assumes all obligations and dirties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look solely to the COUNTY for the performance under the Existing Agreements.' 4. This Agreement shall take effect on the same date of the transfer of maintenance respon- sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY. 50 riiuE 8J JUL 211982 39 J UL 2. 1198? 5 584 ��� � �� . `r«. -as wy.� e [, w ...y-. � ,n. x -�^,. .,fi "t �.. 1.9-r' ♦a.5'4ay,� FORM 722-9213 PAGE 2 OF 2 5. That the COUNTY, by Resolution No. 92-69 has authorized execution of this z Crossing Transfer Agreement by the Chairman and Clerk of the Board of County Commissioners on EXHIBIT "A" CROSSING TRANSFER AGREEMENT STATE ROAD NO. COMMON ROAD NAME FDOT/AAR CROSSING NUMBER RAILROAD R.R. MILEPOST AGREEMENT DATE SUBJECT CR 632 S. Winter Beach Rd, 272173 Floes da East Coast 222,32 5-13,58 Crossing Agree. CR 632 S. Winter Beach Rd, 272173P Florida East Coast 222.32 4-22-77 Sig. Agreement 0 um 92 -' AL Z-1 1982CY . .5 0F�cr1 ' JNOEx,vp CHECKED MrD THIS AGRFF-MMIT, Made in duplicate this day of A.D. 1951, by and Florida East Coast Railway Company., andno U �idually, hereinafter called Trustee, said Florida East Coast Railway Ccmpany or its property in the hands - of the Trustee being hereinafter called "Railway"., and Tim' STAM ROAD DEPARTMENT OF FLORIDA, (Address: Tallahassee, Florida), hereinafter called the Road Department. WITT7ESSETH: �r That the said Trustee, for and in consideration of the covenants .j ai4 -agreements herein contained to be performed and kept by the Road Depart- ment, do hereby give and license unto the said Road Department the right and privilege to use as a crossing for public road crossing purposes only, that part of the right of way and prcprerty of said Railway in the Comzf r Of indite River dlescribed as foll.ovs: An irregular shaped paroel of land 50 Peet in vidth, extending easterly an& versterly aeroea' the right of way and over the tracks of the Railer, with center line intersecting the carter line of the Railvay'a northbound main track 1,704 feet southerly Prow the Eailwayss Me Post No. 222 fron Jacksonville, rl.orida, said crossing forming an angle of 740 - 21'With the center line of the aforesaid northbound main track in the northwesterly quadrant thereof. The northea. terly line of the herein described parcel being on a curare to the left having a radius of 45 feet and located 15 feet northerly of and parallel with the proposed edge of paving. - As shosn on print of the Railwae a plan Corr. File 222--18 dated April 2, 1958, attached hereto and made a part hereof. y TO HAVE AND TO USE the said rights, privileges and licenses solely► unto the Road Department for the term of one year from date hereof, subject to renewal as provided in paragraph 7 hereof, or until terminated as hereinafter provided. In consideration of the rights, privileges and licenses hereby given by the Trustee unto the Road Department, the Road Department cove- nants and agrees with the.Trustee as follows: 1. That said crossing shall be used for public road crossing purpbses only across the Railway's said right of way and tracks, and no pipe, wire, rail or other line or structure shall be placed in or on said N right of way or crossing without the previous consent in writing of said Railway Trustee. 2. The Railway, at its expense, shall prepare its roadbed, ballast, ties, rails and other railroad appliances (but not including wires and pole lines) in good condition to receive the permanent paving between the concrete headers on the outer sides of the outer rails (or where there is no header between the outer ends of ties of the outer rails). The Rail- C� 'way will also furnish, at its expense, supervision for all work to be per- b.. formed by the State.Road Department between the headers or ends of ties as aforesaid. The State Road Department shall furnish all labor and materials required for culverts, grading, paving, and all other work required for the crossing (except as hereinabove stated), from right of way line to right-of- way line of the Railway. The State Road Department will bear the expense of raising or relocation of all pole or wire lines on the right-of-way of the Railway at the crossing, which may be required for clearance at the .,crossing., Where change of elevation or change of alignment is required for any one or more of the rails at the crossing, sucl-4,work shall be per- formed by the Railway, and the State Road Department will bear and pay the reasonable cost thereof to the Railway. JU_t 21 1982 saox 50 �ku`7 0 JUL `211982 50 P��E 3. Maintenance of the crossing shall be borne as hereinabove provided for the construction, except that the Railway, when it disturbs - the paving between the headers or the ends of the ties, will, at its ex- pense,, perform temporary patching or temporary restoration of such paving. 4. The Railway reserves the right to make any necessary or de- sired changes at any time in its existing tracks or other facilities, or to install, maintain and operate any additional track or tracks or other facilities on its right of way at said road crossing. In such event all rdquired changes in the road crossing structure or works shall be con- sidered new construction and expenses borne by the parties as provided in paragraph 2. 5. The Road Department'shall_not take any action that will prevent or tend to prevent the operation of trains over said crossing. e The Road Department hereby grants unto Florida East Coast Railway Company and its Trustee all necessary permits for the installation, construc- tion, erection, repair and maintenance of any of the facilities, work or fixtures mentioned or contemplated in and by this agreement, and Florida East Coast Railway Company or its Trustee shall give the Road Department forty-eight (48) hours' notice of intention to perform any such installa- tion, construction, repair, erection and maintenance. 6. The provisions and stipulations of this agreement are a part of the consideration of the licensing of the above privileges and crossing, and in the event the said Road Department shall fail to comply with any of the covenants and conditions, then this license shall be void and said de- scribed crossing shall terminate, with full right on the part of the Trus- tee and Railway to re-enter and repossess the same if they shall elect to do so. a 7. It is further mutually agreed by and between the parties hereto that as this agreement is for the term of one year, if said Road Department holds over and remains in possession of the hereby licensed privileges after the expiration of such term, or of any renewals thereof, this agreement shall be considered as renewed, unless thirty (30) days' written notice of the termination of the same has been or is given by said Trustee, and shall continue in effect from year to year, subject to the same terms and conditions as herein contained, until terranated by said Trustee by giving thirty (30) days' notice in writing to the Road Department of his intention to terminate the same as herein provided, or as provided in paragraph 8 hereof. 8. That this agreement is terminable (without prior notice to Road Department) by the Trustee or his successors, including Receivers in Equity, or the assigns of the Estate, at their option, upon the discharge a of the Trustee as such, or upon the discharge of any succeeding Receiver or Receivers in Equity, any fixed period of time o: any other thing herein to the contrary notwithstanding, and in the absence of such cancellation, all rights of said Trustee hereunder shall inure to the benefit of his successors or -the assigns of the Estate. 9. It is further mutually understood and agreed by and between the parties hereto that at the termination or the cancellation of this agree- ment, for any cause, or upon termination of Road Department's use of the crossing herein licensed, the Road Department shall remove, at its entire cost and expense, all improvements placed by it upon the said Railway's right of way and restore the ground to its original condition. 10. Any crossing protection of any type or class whatsoever that mW be required at this public road crossing by vrdiaance or other regu, lation of Road, Department. or by other governmental body or bodies having poser -to promulgate or enforce regulations, or that nay be required by the Railway. shall be provided and installed by the Railway. and Rosati Department agroos to reimburse the Railway upon receipt of bills for 90 per sent of all coat ok such installation. r ORDK 50 FFs;;c+ J U L 21 198 • - JUL•211982 - - - IN WITNESS WHEREOF, the Parties hereto have caused these pre- sents to be duly executed in duplicate, each the day and year first above written. Signed, sealed and deliverell J. Turner Butler and William A. Hallowes !Lresence of: as Trustees of the property of Florida East Coas% Railway Company By r10 Trustee As to Trustee z As to Road Departneht , q%l 3Y.. SIS THE STATE ROAD DEPARTMENT OF FLORIDA (SEAL) BYP ecutive Director ATTEST Secretary a OP COUNTY RESOLUTION CROSSING TRANSFER AGREEMENT A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OTHER RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF THE Indian River County AS A PARTY TO THE AGREEMENTS IN PLACE OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR- TATION, OR ITS PREDECESSORS, AND PROVIDING FOR AN EFFECTIVE DATE. L RESOLUTION N0. 82-70 ON MOTION OF Commissioner Lyons and seconded by Commissioner Wodtke the following RESOLUTION was adopted: WHEREAS, the Legislature of the State of Florida has enacted Chapter 77-165 providing for the transfer of maintenance responsibility of certain public roads, including railroad crossing agreements and other agreements, from the State to the Indian River County , and WHEREAS, the Indian River County has been presented with an agreement for this purpose which it wishes to execute. ` NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA: ' That Indian River County enter into a CROSSING TRANSFER AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway Company providing for the substitution of the Indian River County for the FDOT, or its predecessors, and the transfer of the rights and duties of the agreements listed in Exhibit "A" to the CROSSING TRANSFER AGREEMENT; and, That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and the Florida East Coast Railway Company as herein described; and, That this RESOLUTION shall take effect immediately upon adoption. #. INTRODUCED AND PASSED by the Board of County Commissioners of Indian River County Florida, in regular session, this _,23 day of d��== , 197x.82_. ' ATTEST: '.,Clerk of the Board of CcWnty Commissioners t�CalZvzd, A. tA. Chairman of El►e Board of Co my Commissioners Approirri nz to form and leg By Gari f;i, Era,I nb r, Co; r,ty Attorn 16th Street RR Crossings & Traffic Control Devices s®�aK 50 591 J U L 2,111982 41 J U L 211982 nox 50. FF�Gr FORM 722-928 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1-l0 DIVISION OF ROAD OPERATIONS PAGE I OF 2 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES TRANSFER AGREEMENT (County) _ TI IIS AGREEMENT, made and entered into this 21 day of July , 19882 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and Floxida East Coast Railway a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine County of St. Johns , State of Florida , hereinafter called the COMPANY; and . Indian River County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in part, provided for tice transfer of tax funds and maintenance responsibilities of certain public roads in the State from the DEPARTMENT to the COUNTY, and WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those roads to occur at the same time, and WHEREAS, the parties wish to provide for the orderly transfer of such Existing Agreements, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The DEPARTMENT assigns all of its rights and duties in the Agreements listed in Exhibit- "A" xhibit "A" to the COUNTY. The Existing Agreements are modified only to the extent that the COUNTY is substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a copy of all agreements listed in Exhibit "A". 2. The COUNTY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look solely to the COUNTY for the performance tinder the Existing Agreements. 4. This Agreement shall ,take effect on the same date of the transfer of maintenance respon- sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY. COUNTY SECTION UTILITY JOB NO.STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. FAP NO. :88 600 6150 CR 16 St Indian River 71 (2150) TI IIS AGREEMENT, made and entered into this 21 day of July , 19882 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and Floxida East Coast Railway a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine County of St. Johns , State of Florida , hereinafter called the COMPANY; and . Indian River County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in part, provided for tice transfer of tax funds and maintenance responsibilities of certain public roads in the State from the DEPARTMENT to the COUNTY, and WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those roads to occur at the same time, and WHEREAS, the parties wish to provide for the orderly transfer of such Existing Agreements, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The DEPARTMENT assigns all of its rights and duties in the Agreements listed in Exhibit- "A" xhibit "A" to the COUNTY. The Existing Agreements are modified only to the extent that the COUNTY is substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a copy of all agreements listed in Exhibit "A". 2. The COUNTY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look solely to the COUNTY for the performance tinder the Existing Agreements. 4. This Agreement shall ,take effect on the same date of the transfer of maintenance respon- sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY. )EPARTMEM OF.TRANSPORTAI 3Y. ,.—.-Director of Mministration' kTTEST: cutive Secretary (SEAL) CONFlorida East Coast Rjullway ', IPANY: � VWZ;-�� -' A BYY (SEAL) President ST: Secretary g' Indian River COUNTY, FLORID C4— B 1 4z; 'S' L) 77.r N jil !7'Ulo* ATTEST: .,"%I proved u"s,to Pimp, Igaliti-,'#lu$:Xeclltioll OFUNSPORTATION t,,M�NT OF TI '0 �AKsistaiit ALtonlf!v it 777777 JUL 2.11982- 43 777777 i EXHIBIT "A" CROSSING TRANSFER AGREEMENT STATE ROAD NO. COMMON ROAD NAME FDOT/AAR CROSSING NUMBER RAILROAD R.R. MILEPOST AGREEMENT DATE SUBJECT ) C8 16 St. 16th Street 272195P Florida East Coast 228.02 8-13-59 Signal & Crossing Agreement 8 A (21892) -5�- �NOExED Lf5IIL �/► t� np — _ CHECKED FILED , j a6i'Fr'i11.a3I�►13} ri �Tust A.D. 1978 , by and betweenlJOHN W.-YARTIN, as Trustee of the.property of Florida East Coast Railway Company, and not individually, hereinafter called I • Trustee, said Florida East Coast Railway Company or its property in the hands of the Trustee being hereinafter called "Railway", and THE STATE ROAD DEPARTKNT OF r'LORIDA, (Address: Tallahassee, Florida), hereinafter called the Road Department. WITNESSETH: That the said Trustee, for and in consideration of the covenants 2ld agreements herein contained to be performed and kept by the Road Depart- ment, do hereby give and license unto the said Road Department the right and privilege to use as a crossing for public road crossing purposes only, that Cotmiy of Indian p rt of the i ht of y and prc�erty of said Railway in the ` River deaeeri�i� aa fo oxez A ret tangular moped parcel, of land 80 feet in vidta north-vos terly and southeasterly extending nor the ter- ly and southwasterly across the right of way and over tha tracks of the Railway at 16th Street, Vero Heath, Florida, with longitudinal center line of said parcel intersecting the center line of the Railwa�yls nortblound main track at a point 318 fact southerly from the Rail_ way's il- way's Mile Post go. ?0'38 from Jacksonville, Slorida. At, shoran on print of the Railway's plan Corr. Sill 228-121 dated June 24, 1959. 11982 BaQK 50 FF`';c 9,,5 JU L 211992 foa 5 TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Road Department for the term of one year from date hereof, subject to renewal as provided in paragraph 7 hereof, or until terminated as hereinafter provided. In consideration of the rights, privileges and licenses hereby given by the Trustee unto the Road Department, the Road Department cove- nants and agrees with the Trustee as follows: 1. That said crossing shall be used for public road crossing purposes only across the Railway's said right of way and tracks, and no pipe, wire, rail or other line or structure shall be placed in or on said right of way or crossing without the previous consent in writing of said Railway Trustee. " 2. The Railway, at its expense, shall prepare its road bed, ballast, 'ties, rails and other railroad appliances (but not including wires and pole lines) in good condition to receive the permanent paving between the concrete headers on the outer sides of the outer rails (or where there is no header between the outer ends of ties of the outer rails). The Rail- way will also furnish, at its expense, supervision for all work to be per- formed by the State Road Department between the headers or ends of ties as aforesaid. The State Road Department shall furnish all labor and materials required'for culverts, grading, paving, and all other work required for the crossing (except as hereinabove stated), from right of way line to right-cf- way line of the Railway. The State Road Department will bear the expense of raising or relocation of all pole or wire lines on the right-of-way of the Railway at the crossing, which may be required for clearance at the crossing: Where change of elevation or change of alignment is required for any one or more of the rails at the crossing, such work shall be per- , formed by the Railway, and the State Road Department will bear and pay the reasonable cost thereof to the Railway. r� 3. Maintenance of the crossing shall'be borne as hereinabove provided for the construction, except that the Railway, when it disturbs the paving between the headers or the ends of the ties, will, at its ex- pense, perform temporary patching or temporary restoration of such paving. 4. The Railway reserves the right to make any necessary or de- sired changes at any time in its existing tracks or other facilities, or to install, maintain and operate any additional track or tracks or other facilities on its right of way at said road crossing. In such event all required changes in the road crossing structure or works shall be con- sidered new construction and expenses borne by the parties as provided in paragraph 2. 5. The, Road Department shall not take any action that will prevent or tend to prevent the operation of trains over said crossing. The Road Department hereby grants unto Florida East Coast Railway Company and its Trustee all necessary permits for the installation, construc- tion, erection, repair and maintenance of any of the facilities.. work or fixtures mentioned or contemplated in and by this agreement, and Florida East Coast Railway Company or its Trustee shall give the Road Department forty-eight (48) hours' notice of intention to perform any such installa- tion, construction, repair, erection and maintenance. 6. The provisions and stipulations of this agreement are a part of the consideration of the licensing of the above privileges and crossing, and in the event the said Road Department shall fail to comply with any of the covenants and conditions, then this license shall be void and said de- scribed crossing shall terminate, with full right on the part of the Trus - 4 . tee and Railway to re-enter and repossess the same if they shall elect to do so. i 8A�1( 5®. �F1uC 5�7 J � L 21 1982 J U L 211982 - - NOOKS 7. It is further mutually agreed by and between the parties hereto that as this agreement is for the term of one year, if said Road Department holds over and remains in possession of the hereby licensed privileges after the expiration of such term, or of any renewals thereof, this agreement shall be considered as renewed, unless thirty (30) days' written notice of the termination of the same has been or is given by said Truetee, and shall continue in effect from year to year, subject to the same terms and conditions as herein contained, until terminated by said Trustee by giving thirty (30) days' notice in writing to the Road Department of his intention to terminate the same as herein provided, or as provided in paragraph 8 hereof. 8. That this agreement is terminable (without prior notice to ' Road Department).by the Trustee or his successors, including Receivers in Equity, or the assigns of the Estate, at their option, upon the discharge of the Trustee as such, or upon the discharge of any succeeding Receiver or Receivers in Equity, any fixed period of time o= any other thing herein to. the contrary notwithstanding, and in the absence of such cancellation, all rights of said Trustee hereunder shall inure to the benefit of his successors or the assigns of the Estate. 9. It is further mutually understood and agreed by and between the parties hereto that at the termination or the cancellation of this agree- ment, for any cause, or upon termination of Road Department's use of the crossing herein licensed, the Road Department shall remove, at its entire cost and expense, all improvements placed by it upon the said Railway's right of way and restore the ground to its original condition. 10. State Road Dq=tment agrees that automatic crossing protec— tion consisting of flashing lights, bells aad gates, shall be installed at this crossing as a part of this project and that said instal ].ation shall be made by the Railvay. Second Party further wean to reimburse the Wivey for the total cost of said installation.' 11. State Road Department across that it will, at its ea,. pease, reimburse the Railway for the cost of (1) removing the month-erly 856 foot portion of the Wlwr_.y's track No. 4, including the tUraout (2), the raising of 500 feet, more or less, of the Railway's southbound main track, and 1,200 feet, more or less of the Railway's track Do. 3. 12. State Road Departmeat further agrees that it will reia;,.- burse the Railway for the cost of constructing a 1,235 foot doable and aid- ing having its northerly point of switch at the Railway's Rile Post No. ' 228 Mus 3,763 feet more or lesa<, as well as the expense of the pole and wire line changes at location of proposed 1,235 foot commodity track and driver way made necessary by the construction of said public road crossing. _ 13: State Road Department further &Uses to reimburse the Railvay for the cost of constructing .h 1,375 foot, more or less, by 20 foot wide service driveway located on the easterly side of the proposed 1,235 foot double and siding and a 220 foot, more or lose, by 20 foot vide access drive.- way on the 10th Street, with all work being performed by the Railway, 14. Railvay, at Road Department's expense, will install barri- cades on the present driveway on the north and south side,.of the proposed public road crossing. 15. Wherever the word "Trustees appears heroin, it shall refer to "Trustees." iA �iITRESS �tiE3E0F, the parties ,hereto have caused these pre- sents to be duly executed in duplicate, each the day and year first above written. Signed, sealed and delivered � i thepresenc of 9_Ajzt4 J. TURNE3 BUTLZR AND WILLIAM A. RALLOUS, as Trustees of the property of Florida Fast Coast Railway Company AS to Trustee SIL .. - _ •� Trustee .. .. ' THZ ST ROAD DEPARTUST OF FLORIDA ) • —ntTlt•lS E20 ire Director n �. TU tI('r?r, �.!:D' �'Att's tl As to Road Dopartmeat i . tiuYD, JR.-- T i c;';tY,j7 R. D. J U L 21.1982 L__._ i I . i_ S • -- ecratary v EY _ 50 �ft�rq :SSiST' �' 304 21198 - 1 Section 8860-2150 State Road 16th Street, Vero Beach County of Indian River RE SO LUT_I_0 N WHEREAS,. the State Road Department, pursuant to a Resolu- tion heretofore adopted by the Board of County Commissioners of Indian River County, required the readjustment of certain utility 16th Street facilities on State Road No. Vero Beach , Section 8860-2150 ; and WHEREAS, certain invoices covering the cost of adjusting such utilities, which were located on private property, have been submitted to the State Road Department for payment; and WHEREAS, this Board has reviewed said invoices and finds them tq..be-a reasonable charge for the services performed, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- =SIONERS OF SAID COUNTY that the following invoices be, and the same are, declared to be a proper expense incurred by said County for the acquisition of right of way for the construction of said road and the same are hereby approved for payment: RAILROAD: Florida East Coast Railway AMOUNT: $57,400.00 Cost Estimate attached BE"IT FURTHER RESOLVED BY SAID BOARD OF COUNTY COPMSSION- ERS, that the State Road Department of Florida be, and it is hereby, re -quested and authorized to pay said invoices out of secondary funds accrued to the credit of this County. Attest:4Gt-t. ' er- of Cir uit Court of ' County, Florida, and er.-officio Clerk of Board of County Commissioners of said County. Section °F60-2150 State Road 16th Street, `lero Baer_ County of Indian FATer R E S O L U TION ' WHEREAS, the State Road Department, pursuant to a Resolu- tion heretofore adopted by the Board of County Commissioners of Indian Bluer County, required the readjustment of certain utility 16th Street facilities on State Road No. Vero Baach , Section 6860-2150 ; and WHEREAS, certain invoices covering the cost of adjusting such utilities, which were located on private property, have been submitted to the State Road Departr:ent for payment; and WHEREAS, this Board has reviewed said invoices and finds them to be a reasonable charge for the services performed; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF SAID COUNTY that the followi::g invoices be, and the same are declared to be a proper expense incurred by said County for the acquisition of right of way for the construction of said road and the same are hereby approved for payment: FAILED : Florida East Coast FULUs ey AMOUNT: $57AW-00 -00 Cost Estizate attached BE IT FURTHER RESOLVED BY SAID BOARD OF COUNTY COMMISSION- ERS, that the State Road Department of Florida be, and it is hereby, re -quested and authorized to pay said invoices out of secondary funds accrued to the credit of this County. (SEAL) Chairman Attest: Gc.c C'erk of Circirit Court of County, Florida, and ex -officio Clerk of Board of County Commissioners of said County. 50 JUL 211982 JUL 211982�� 50 F,; 602. TEMPORARY CLOSING OF 14TH AVENUE The Board discussed the following memorandum from Public Works Director Davis: Board of County Commissioners THRU: Dr. C.B. Hardi4nistrator . PhD Acting County • July 12, 1982 SUBJECT: Temporary Closing of 14th Avenue FROM: James W. Davis, P.E. , REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS In response to a request from Perry M. Pisani, the closing of 14th Avenue betieeen SW 1st Street and lst Place from 3:00 PM to 9:00 PM on Saturday, July 31, 1982 was investigated. The following conditions will be involved with the requested road closure: 1. Alternate routes for traffic detoured from 14th Avenue at the requested segment closure are available; 2. It is assumed that 14th Avenue will remain open to property owners abutting the closed road area; and 3. The number of drivers inconvenienced by the detour will be relatively small due to the character of this local road. ALTERNATIVES The Board of County Commission may approve or deny the request to tempo- rarily close 14th Avenue. RECON YUMATION It is recommended that the request be approved due to the three (3) aforementioned favorable conditions. However, since this request will establish a precedent for future roadway closure requests, the following procedure is recommended to minimize the expend- iture of County funds and to eliminate the need for overtime compensation of the sign crew: 1. Neighborhood representative to sign -out, pick-up (prior to 3:30 PM July 30, 1982) and return (prior to 12 noon August 2, 1982) borrowed Type II barricades and accessory signs fromthe Traffic Engineering Sign shop necessary to establish a proper roadway closing. 2. The Traffic Engineer, or his designate, will visit the site at the time of roadway closure to ensure proper operation. ON MOTION MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the recommendation of the Public Works Director for the temporary closing of 14th Avenue. JAIL IMPROVEMENTS - CHANGE ORDER The Board next discussed the following information: TO: The Honorable Members of the Board of County Commissioners THRU: Dr. C.B. Hardin, ., PhD. Acting County strator DATE: July 13, 1982 FILE: SUBJECT: Change Order No. 8122-2-2 Project No. 8122 - Indian River County Jail Improvements FROM: James W. Davis, P.E. , REFERENCES: Proposal dated July 1, 1982 from Public Works Director Richard B. Chisholm to James Davis DESCRIPTION AND CONDITIONS - During the June 16, 1982, meeting of the Board of County Commissioners, the Board authorized the Public Works Department to negotiate a change order for an amount not to exceed $6,200. for miscellaneous site work at the County Jail with Barry's Ornamental Iron Works. The work involves construction of a secure steel door at the main prisoner entrance of the Jail. In communicating with the Florida D.O.C., we now fink that an electrically activated lock is required. This was not mentioned in the comments associated with our original approval. As a result, the total change order work will cost $7,790. Change Order #8122-2-1 in the amount of $2002. for miscellaneous site work including painting, concrete work, and door replacement has already been executed. ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alternative No. 1 Authorize the County Public Works Director to proceed with execution of Change Order No. 8122-2-2 in the amount of $5,788. for the construction of a secure steel door. Barry's Ornamental Iron Works, Inc., is the contractor. This.action will allow the County to be in compliance with D.O.C. requirements. Alternative No. 2 Direct the County Public Works Director to delay construction of this item until a less expensive door can be specified. RECOMMENDATIONS AND FUNDING It is recommended that Alternative No. 2 be approved, and that the County Public Works Director search for a less expensive door installation. It is anticipated that once the architects for the new jail are selected, they can assist the County in selecting a less expensive door. If Alternative No. 1 is approved, sufficient funds are available in Account No. 102-906-523-66.39. - Box 50 6.03 JUL 21.1982 45 J U L 21 1992 .50 �Lit ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Lyons, the Board unanimously approved Alternative 2, that staff be authorized to specify a less expensive door at the main prisoner entrance of the jail. ROCKRIDGE SUBDIVISION — AUSTRALIAN PINES The Board reviewed the following memorandum from the Public Works Director: TO: The, Honorable Members of the Board of County Commissioners THRU: Dr. C.B. Hardin, : PhD Acting County A strator DATE: July 13, 1982 FILE: SUBJECT: Request from Property Owners for County to Remove Australian Pines in Rockridge FROM: James w. Davis, P.E. , REFERENCES: Public works Director. DESCRIPTION AND CONDITIONS Residents of the Rockridge area, specifically those property owners along the west side of 4th Court between 13th and 14th Streets, are concerned with australian pine trees which are located in County rear lot easements and which have recently fallen, causing damager to homes in the area. The residents have written the Board of County Commissioners requesting the trees be removed. ALTERNATIVES AND ANALYSIS Since the trees are in County easements, the Road and Bridge Division has investigated the cost of removing the trees. Cost quotations for the work has been solicited from 5 companies engaged in this profession.' The low bid was submitted by Arbor Tree Surgeons, Vero Beach,Florida, in the amount of $14,000. This work should be performed to protect personal property and public safety. RECOMMENDATIONS AND FUNDING It is recommended that the trees be topped to 30' and that the County Road and Bridge Division be authorized to advertise for formal bids to accomplish this work. Funding to be accomplished by a line transfer of.$7,000. from Road and Bridge Account No. 004-214-541-33.19, Other Professional Services,(unencunbered balance as of 6-30-82 is $7,722.) to Road and Bridge Account No. 004-214-541-33.19 Other Contractural Services (unencumbered balance as of 6-30-82 is $7,999.) Mr. Davis recommended that the $7,000 be transferred to accomplish this work. He reported that one of the account numbers was incorrect in the Recommendation paragraph. Lengthy discussion followed regarding the removal of the trees, and of the responsibility involved. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the engineers determine whether the trees are in the County right-of-way or easement. Commissioner Bird suggested amending the Motion to obtain a price for topping the trees that are in the easement. THE MOTION WAS AMENDED by Commissioner Lyons, SECONDED by Commissioner Wodtke, to also obtain a price for topping the trees in the easement. The Attorney felt this would only be a theoretical obligation by the County. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. SOUTH COUNTY WATER SYSTEM GRANT AGREEMENT J U L 21 1982 The Board reviewed the following information: . 47 cox 50 P' U 60, J U L 211982 TO: Board of County Commissioners From: L. S. "Tommy Thomas Community ervices Director Through:` . /5!sjj�; ; p, C. B. Hardin, Jr.4 PhD. Acting County Administrator FROM: DESCRIPTION & CONDITIONS: .50 pr DATE: July 14, 1982 - FILE: SUBJECT: Attached application for Grant in amount of $796,:900.00 from Farmers Home Administration 1 REFERENCES: Attached are properly executed forms for Grant application in amount of $796,900.00 from the Farmers Home Administration. These funds to be used for the South County Water System. ALTERNATIVES &„ANALYSIS: There are no other funds available to be used in the completion of payment on the South County Water System. RECOMMENDATION & FUNDING: It is recommended that the required signatures be affixed to this application, and that it be forwarded at the earliest possible time in order to start drawing on the funds. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Chairman be authorized to sign the grant application. The Attorney commented that the County had already contracted for this amount and the construction was on-going. He explained- that FmHA was doing this as a special courtesy to the County. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 4 to 1, with Commissioner Fletcher voting in opposition. Original Documents sent to Farmer's Home. BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (305) 567-8000 i July 21, 1982 Suncom Telephone: (305) 424-1012 Mr. Charlie B. Hudnell District Director Farmers Home Administration P.O. Box 3767 - West Palm Beach, Florida 33402 Dear Mr. Hudnell: Please find enclosed Forms No. FHA -400-1, FmHA 400-4, and FmHA 1942-31, properly executed and dated July 21, 1982. This comprises our application for Grant in amount of $796,900.00 from the Farmers Home Administration. Please advise us of the proper procedure for the drawing of these funds. Thank you for your assistance in this matter and for your help to Indian River County over past years. if any further information is required, please do not hesitate to contact us. Sincerely yours, Don C. Scurlock, Jr., Chai m Board of County Commissioners encs J UL 2,11992 q" 0 FA L69 L— 49 Form FHA 400-1 (Rev. 6-26-72) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT Ais agreement, dated .__ �! Y_ s_. 982 . _._ __......___ between USDA -FARMERS HOME ADMINISTRATION g COUNTY OF INDIAN RIVER -STATE OF FLORIDA-- (herein LORIDA (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the `Secretary') issued under the authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether -by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000 --unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will 'hot discriminate against any employee or applicant for employment because of race, color, religion, sex ori 4a nwl origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees' -.are treated during employment, without regard to their race, color, religion, sex or national origin. Such actiod shad include, but not be limited, to the following: employment, upgrading, demotion or transfer, recruitm6nt .or reginitiient advertising, layoff or termination; rates of pay or. other forms of compensation; and selection for Framing;` including apprenticeship. The contractor• agrees to post. in conspicuous places, available to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting forth'the provisipnsof this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining ` agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 -of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order t1246 of September 24, 1%5, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, of by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Providedhowever, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Position 6 FHA 400-1 (Rev. 6-26-7Z)� y P . - - } r`yY � .. �'F _ yT 41 S'� -- — .a "-' � � _ . F.�,a'�.:i'" s(s'r"`�7z�. ,yam` `t+, ✓''.�_9': 4�-. ...�_._ J U L* 2119$2 goo K 50 L Form FHA 400-1 (Rev. 6-26-72) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT Ais agreement, dated .__ �! Y_ s_. 982 . _._ __......___ between USDA -FARMERS HOME ADMINISTRATION g COUNTY OF INDIAN RIVER -STATE OF FLORIDA-- (herein LORIDA (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the `Secretary') issued under the authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether -by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000 --unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will 'hot discriminate against any employee or applicant for employment because of race, color, religion, sex ori 4a nwl origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees' -.are treated during employment, without regard to their race, color, religion, sex or national origin. Such actiod shad include, but not be limited, to the following: employment, upgrading, demotion or transfer, recruitm6nt .or reginitiient advertising, layoff or termination; rates of pay or. other forms of compensation; and selection for Framing;` including apprenticeship. The contractor• agrees to post. in conspicuous places, available to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting forth'the provisipnsof this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining ` agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 -of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order t1246 of September 24, 1%5, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, of by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Providedhowever, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Position 6 FHA 400-1 (Rev. 6-26-7Z)� y P . - - } r`yY � .. �'F _ yT 41 S'� -- — .a "-' � � _ . F.�,a'�.:i'" s(s'r"`�7z�. ,yam` `t+, ✓''.�_9': 4�-. •r'�'<.=cA''."Sa "f E_ _ - _ - L v 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. 3. To notify all prospective contractors to file the required `Compliance Statement', .Form FHA 400-6, with their bids. 4. Form AD -425, Instructions to Contractors, will accompany the notice of award of the contract. Bid i�bnditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hoi retown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD -560, Certification of Nonsegregated Facilities, to submit the Monthly Manpower Utilization Report, Optional Form 66, as required and such other information as they may require for the supervisioi► of such compliance, and to otherwise assist the Farmers Home Administration in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part II, Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Fanners Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from Recipient and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. Recipient (CORPORATt'SEA0 Attest::' } ,SeeretaTr County of Indian River -State of Florida Recipient Name of Corporate Recipient �. By Don C. Scurlock, Jr. - Chairman of the Board of5'pjjg w County Commissioners Approved. as to form and l�ga' tfiei c ' 6, M. Branider'. rg C my Attorne 3 *U.S. GPo:1976-0-665-664/1959 - v a �'y .� lr' . "i' '`^ `�`- �� a-30,40- -�•..,.4-� =5' s�` fi-""`.�.^iut'a,_ '� '�• �y""� ,✓�''�•S^.,�;-�.`�z+t-At,�,rs.� `-.r-w a'�" -•. ,r��c u� '�'�.^,� Ya^z '' '""..,,�r-` .F l ray, 'h .t. -y r ^•,. .v :.. x - r `� ,- `'r -r `-,�;�� �'c°, o- u USDA-FmHA Position 3 Form FmHA 400.4 (Rev. 8-29-79) ASSURANCE AGREEMENT (Under Title VI, CiYil Rights Act of 1964) Tlie COUNTY OF INDIAN RIVER - STATE OF FLORIDA reci 1840 - 25th Street, Vero Beaeh,mFloridae32960 (address) .... ("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Farmers Home Administration regulations promulgated thereunder, 7 C.F.R. §1901.202. In accordance with that Act and the regulations referred to above, Recipient agrees that -in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7 C.F.R. § 14.2) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. 1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 2. Recipient shall: (a) Keep —such "records and submit to the Government such -'timely, complete, and accurate information as the Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations. (b) Permit access by authorized employees of the Farmers Home Administration or the U.S. Department of Agriculture during normal business hours to such books, records, accounts and other sources of information and its facilities as mai be pertinent to ascertaining such compliance. (c) Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the U.S. Department of Agriculture finds necessary to inform such persons of the protection .assured them against discrimination. 3. The obligations of this agreement shall continue: (a) As to any real property, including any structure, acquired or improved with the aid of the Federal financial assistance, so long as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever is longer. (b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as Recipient retains ownership or possession of the property. (c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made. 4. Upon any breach or violation of this agreement the Government may, at its option: (a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or activity. 4 (b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. Rights and remedies provided for under this agreement shall be cumulative. In' witness whereof, ____COUNTY OF INDIAN RIVER STATE OF FLORIDA _— _ on this (name of recipient) date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has hereunto executed_thisagr Appt ed is and Ing U Y Don Scurlo J (SEAT) Recipient u 1 y 21 x_1982 ...... M. Branden` rg rma —Chain, Board of County Commissioners Attiist: Q�� •tel_! .. �h �. ` '}'112Tt n ___.._ ... Title-- Form FmHA 1942-31 (1-29-79) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION ASSOCIATION WATER OR SEWER SYSTEM GRANT AGREEMENT THIS AGREEMENT dated .- --..~1u 1 y - ?-- ---_______.___.__________ ___...._ ,19 12—, between _THE _COUNTY OF INDIAN RIVER - STATE OF FLORIDA a public corporation organized and operating under Chapter 10148, Laws of F1 or i da , and Chapters 125 & 159, Florida Statutes. (Authorizing Statute) herein called "Grantee," and the United States of America acting through the Farmers Home Administration, Department of Agriculture, herein called "Grantor," WITNESSETH: WHEREAS Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement of a (water) (sewer) system to serve the area under its jurisdiction at an estimated cost of S 7047, 548.81 * and has duly authorized the undertaking of such project. -.- .... Grantee is able to finance not more than S 5, 8�5, 840.00 of the development costs through revenues, charges, taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable user charge. Said sum of S 825p.-840-.00 _ has been committed to and by Grantee for such project development costs. Grantor has agreed to grant the Grantee a sum not to exceed S __7961900 , 00 or - percent of said development costs, whichever is the lesser, subject to the terms and conditions established by the .Grantor. Provided, however, that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be re- turned immediately to the Grantor. The Grantor may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions of the grant. NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to Section 306 (a) of the Consolidated Farm and- Rural Development Act for the purpose only of defraying a part not to exceed percent of the development costs, as defined by applicable Farmers Home Administration instructions. GRANTEE AGREES THAT GRANTEE WILL: A. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor. B. Permit periodic inspection of the construction by a representative of Grantor during construction.' C. Manage, operate and maintain the system, including this project if less than the whole of said system, continuously in an efficient and economical manner. D. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimination as to race, color, religion, sex, national origin, age, marital status, or physical or mental handicap (possess capacity to enter into legal contract for services) at reasonable charges, including assessments, taxes,'or fees in accordance Ordinance 80-13 with a schedule of such charges, whether for one or more classes of service, adopted by *M116MA date June 1 19 80, as may be modified from time to time by Grantee. The initial rate schedule must be approved by Grantor. There- after, Grantee may make such modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory. * See attached Ordinance 81-62 r ,s 1:; LIM, E. Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance, emergency repair reserves, obsolescence reserves, debt service and debt service reserves. F. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area within its jurisdiction. G. Provide Grantor with such periodic reports 2s it may require and permit periodic inspection of its operations by a representative of the Grantor. H. To execute Form FmHA 400-1, "Equal Opportunity Agreement," and to execute Form FmHA 400-4, "Nondis- crimini tion 6greement," and to execute any other agreements required by Grantor which Grantee is legally authorized to execufr, If any such form has been executed by Grantee as a result of a loan being made to Grantee by Grantor contempo- raneously with the making of this grant, another form of the same type need not be executed in connection with this grant. I. Upon any default under its representations or agreements set forth in this instrument, Grantee, at the option and demand of Grantor, will repay to Grantor forthwith the original principal amount of the grant stated hereinabove, with the interest at the rate of 5 ercentum per annum from the date of the default. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it of previous defaults of Grantee, by judicial proceedings to require specific, performance of the terms of this Grant Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance with the provisions of this Grant Agreement and the laws and regulations under which this grant is made. J. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually advanced and not needed by Grantee for approved purposes. R. Use the real property including land, land improvements, structures, and appurtenances thereto, for authorized purposes of the grant as long as needed. 1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real property for the authorized purpose of the original grant as long as needed. 2. The Grantee shall obtain approval by the _Grantor agency for the use of the real property in other projects when the Grantee determines that the property is no longer needed for the on'gmal grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for support by the Grantor. 3. When the rear property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the following rules in the disposition instructions: (a) The Grantee may be permitted to retain title after it compensates the Federal Government in an amount computed by applying the Federal percentage of participation in the cost of the original project to the fair market value of the property. (b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency and pay the Federal Government an amount computed by applying the Federal percentage of participation in the cost of the original project to the proceeds from sale (after deducting actual and reasonable selling and fix -up expenses, if any, from the sales proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be established that provide for competition to the extent practicable and result in the highest possible return. (c) The Grantee may be directed to transfer title to the property to the Federal Government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participa- tion in the cost of the program or project to the current fair market value of the property. This Grant Agreement covers the following described real property (use continuation sheets as necessary). L. Abide by the following conditions pertaining to nonexpendable personal property which is furnished by the Grantor or acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. A Grantee may use its own definition of nonexpendable personal property provided that such definition would at least include all tangible personal property as defined above. 1. Use of nonexpendable property. (a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored activities, if any, in the following order of priority: 7,1���..f (1) Activities sponsored by the FmHA. (2) Activities sponsored by other Federal agencies. (b) During the time that nonexpendable personal property is held for use on the project for which it was acquired, the Grantee shall make it available for use on other projjects if such other use will not interfere with the • work on the project for which the property was originally acquired. First preference for such other use shall be given to FmHA sponsored projects. Second preference will be given to other Federally sponsored projects. 2. Disposition of nonexpendable property. When the Grantee no longer needs the property as provided in paragraph (a) above, the property may be used for other activities in accordance with the following standards: (a) Nonexpendable property with a unit acquisition cost of less than $1,000. The Grantee may use the property for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds. (b) Nonexpendable personal property with a unit acquisition cost of $1,000 or more. The Grantee may retain the property for other uses provided that compensation is made to the original Grantor agency or its successor. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original project or program to the current fair market value of the property. If the Grantee has no need for the property and the property has further use value, the Grantee shall request disposition instructions from the original Grantor agency. The Grantor agency shall determine whether the property can be used to meet the agency's requirements. If no requirement exists within that agency, the availability of the property shall be reported, in accordance with the guide- lines of the Federal Property Management Regulations (FPMR), to the General Services Administration by the Grantor agency to determine whether a requirement for the property exists in other Federal agencies. The Grantor agency shall issue instructions to the Grantee no later than 120 days after the Grantee request and the following procedures shall govern: (1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's request, the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Grantee shall bepermitted to deduct and retain from the Federal share $106 or ten percent of the proceeds, whichever is greater, for the Grantee's selling and handling expenses. (2) If the Grantee is instructed to ship theproperty elsewhere the Grantee shall be reimbursed by the benefitting Federal agency with an amount which is computed by applying the percentage of the Grantee participation in the cost of the original grant project or program to the current fair market value of the property, plus any reasonable shipping or interim storage costs incurred. (3) If the Grantee is instructed to otherwise dispose of the property, the Grantee shall be reimbursed by the Grantor agency for such costs incurred in its disposition. 3. The Grantee's property management standards for nonexpendable personal property shall also include: (a) Property records which accurately provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage (at the end of budget year) of Federal participation in the cost of the project for which the property was acquired; location, use and condition of the property and -the date the information was reported; and ultimate disposition data including sales price or the method used to determine current fair market value if the Grantee reimburses the Grantor for its share. Y (b) A physical inventory of property shall be taken and the results reconciled with the property records at least ent utilization, and continued need for the property. once every two years to verify the existence, curr (c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigaged and fully documented. (d) Adequate maintenance procedures shall be implemented to keep the property in good condition. (e) Proper sales procedures shall be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible return. This errant Agreement covers the following described nonexpendable property (use continuation sheets as necessary). M. Provide Financial Management Systems which will include: `! 1. financial results of each grant. Financial reporting will be on an Accurate, current, and complete disclosure of the accrual basis. 2. Records which identify adequately the source and application of funds for grant -supported activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, anis income. J ,-.. i , � tikL �,a "Y+.i-• ..cRo, we•�s a x� ' +-e � "" •� 'x, � tee? } fes. t 3. Effective control over and accountability for all funds,propperty and other assets. Grantees shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. 4. Accounting records supported by source documentation. N. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period' -of at least three years after grant closing except that the records shall be retained beyond the three-year period if audit'Andings have not been resolved. Microfilm copies may be substituted in lieu of original records. The Grantor and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Grantee's government which are pertinent to the specific grant program for the purpose of making audits, examinations, excerpts and transcripts. O. Provide information as requested by the Grantor to determine the need for and complete any necessary Environ- mental Impact Statements. P. Provide an audit report prepared in sufficient• ttetail to allow the Grantor to determine that funds have been used in compliance with the proposal, any applicable laws and regulations and this Agreement. Q. Agreb to account for and to return to Grantor interest earned on grant funds pending their disbursement for program purposes when the Grantee is a unit of local government. States and agencies or instrumentalities of states shall not be held accountable for interest earned on grant funds pending their disbursement. R. Not encumber, transfer or dispose of the pr(5perty or any part thereof, furnished by the Grantor or acquired wholly or in part with Grantor funds without the written consent of the Grantor except as provided in item K above. S. To .include in- all contracts for construction or repair a provision for compliance with the Copeland "Anti -Kick Back" Act�18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). The Grantee shall report all suspecte or reported violations to the Grantor. _ T: In construction contracts in excess of $2,000 and in other contracts in excess of $2,500 which involve the employ- ment of mechanics or laborers, to include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). U. To include in all -contracts in excess of $100,000 a rovision that the contractor agrees to comply with all the requirements of Section 114 of the Clean Air Act (42 U.S.C. §p1875C-9) and Section 308 of the Water Pollution Control Act (33 U.S.C. §1318) relating to inspection, monitoring, entry, reports, and information, as well as all otherre uirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and guidelines issued thereunder after the award of the contract. Such regulations and guidelines can be found in 40 CFR 15.4 and 40 FR 17126 dated April 16, 1975. In so doing the Contractor further agrees: 1. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the Environmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is under consideration to be listed on the EPA list of Violating Facilities. Prompt notification is required prior to contract award. 2. To certify that any facility to be utilized in.the performance of any nonexempt contractor subcontract is not listed on the EPA list of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award. 3. To include or. cause to be included the above criteria and the requirements in every nonexempt subcontract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. As used in these paiagraph *the term "facility" means any building, plan, installation, structure, mine, vessel or other floating craft, location, or site of .operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or' subcontractor, to be utilized in the. performance of a grant, agreement, contract, subgrant, or subcontract., Where a. location or site of operation contains or ,includes more than one building, plant, installation, or structure, theentire locaiion`shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are'co-located in one geographical area. GRANTOR AGREES THAT IT: A. Will make available to Grantee for the purpose of this Agreement not to exceed $ _796 90000_____._ _ which it will advance to Grantee to meet not to exceed __57 ------ percent of the development costs of the project in accordance with the actual needs of Grantee as determined by Grantor. B. Will assist Grantee, within ,available appropriations, with such technical assistance as Grantor deems appropriate in planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any State or area plans for the area in which the project is Iocated. C. At its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termination of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor may determine to be (1) advisable to further the p ose of the grant or to protect Grantor's financial interest therein and (2) consistent with both the statutory purposes 07 the grant and the limitations of the statutory authority under which it is made. * Y. S. GOVERNMENT PRINTING OFFICE: 1979-666- 999 TERMINATION OF THIS AGREEMENT. This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in paragraph I above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for convenience will occur when both the Grantee and Grantor agree that the continuation of the project will not produce beneficial results commensurate with the further expenditure of funds. IIS -WITNESS WHEREOF Grantee on the date first above written has caused these presenceto be executed by its duly authorized. -__.-Chairman, Board of County Commissioners and attested and its corporated seal affixed by its duly authorized ..._____Clerk Freda Wr i'ght,", C1pr to the c , Board of�Count 'Commissioners -- -- Atte------- INDIAN RIVER COUNTY, FLORIDA By--- -�--� -- ----- — -- – - -- Don C. Scurlock, Jr., Ch i an Board of County Commissioners — -- ----- - - --- (Title) - -----_.--------- —--- ------ ----------- UNITED STATES OF AMERICA FARMERS HOME ADMINISTRATION .` L- ---...�_�...- - - --- w. ._...�.�_�._. _.._.� s.:�►— - --..— - -- .�..�.�._ ._... sem:-_:... JUL 211982 '0 i'c X16 BOND ISSUE - BEACHFRONT ACQUISITION AND IMPROVEMENT The Board next discussed the following memorandum dated July 21, 1982 from Community Services Director Thomas: TO: Board of County Commissioners DATE: July 21, 1982 FILE: Through • :�:�i�,_. I7Tr�:/�� , C.B. Hardin, Jr./ �p Acting County Ad inistrator .GJ L. S '.'Tommy" Thomas, F RO M:C( nity Services Director SUBJECT: Proposed Bond Issue for acquisition improvement of beachfront property REFERENCES: DESCRIPTION & CONDITIONS: Listed below are the following proposed bond issues: 20 Years @ 12% = Five Million 679,99O..'/Yr. (Approx. .35 Mills) 30 Years @ 121% Five Million 643,885./Yr. (Approx. .33 Mills) Six Million 815,988./Yr. (Approx. .42 Mills) Six Million 772,662./Yr. (Approx. .40 Mills) Eight Million 1,087,984./Yr. (Approx. .55 Mills) Eight Million 1,020,216./Yr. (Approx. .53 Mills) Based on the above figures, a 20 -year loan for five million dollars, a property owner with a house valued at $55,000. on the tax roll - less $25,000.00 Homestead Exemption - would add $10.50 to this years tax bill. On an -.eight million dollar loan for 30 years, on the same house the increased tax bill would be $15.90. The other amounts would fall somewhere between these two figures. ALTERNATIVES AND ANALYSIS: The only alternative for the Board of County Commissioners is to present this to the general public under a referendum for November 2, 1982. There are no other funds available at this time. RECOMMENDATION AND FUNDING: It is recommended that the Board of County Commissioners direct the County Administrator and the County Attorney to prepare the necessary information to be sent to Rosemary Richey, Supervisor of Elections, no later than September 3, 1982. It is further recommended that the County Administrator and the County Attorney develop -an information and promotion program for this project in cooperation with all interested County and Municipal organizations. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board accept the recommendation of Mr. Thomas, as indicated in the memorandum of July 21, 1982. Attorney Brandenburg felt it would be helpful to have some idea as to the amount of bond issue the Board would like to draft before information is sent to the Supervisor of Elections. Commissioner Fletcher stated he would personally not approve using this money to improve existing property. Community Services Director Thomas explained that the idea was to put the matter up for referendum - it would go outside the cap. . Lengthy discussion followed along those lines. THE CHAIRMAN CALLED FOR THE,QUESTION. It was voted on and carried unanimously. BID NO. 126 - HEAVY DUTY BRUSH CHIPPER The Board studied the following information: 11 Bou 50 Pf b -E 61.7 J U L 21 1982 51 JUL 211982 Bcard of C--:;1- "=, mi ss i oners DAT" July 13, 1982 , t�K :50 Fe ! LE: THRU: C. B. Hardin, J Ph.D. SUBJECT: IRC Bid #126 - (1) Heavy Duty Brush' Acting County inistrator Chipper FROM: Carolyn oodrich REFERENCES: Purchasing Division Manager 1. Description and Conditions At the June 2, 1982 meeting, the Board approved the purchase of equipment to replace the following: f 1 Brush Chipper 1 Pickup Truck 1 Crew Cab Truck 1 6 Yd. Dump Truck 1 12 Yd. Dump Truck Bids were received July 13, 1982 at 11-°00 A.M. for (1) Heavy Duty Brush Chipper. 7 Bid Proposals were sent out. Of the 4 2. Alternatives and Analysis Bidders responding, 1 was a "No Bid." The Bid specifications called for 12" or 16" chippers. The low bidder was Highway Equipment & Supply for a 12" Woodchuck in the amount of $12289.00. Chipmore Manu- facturing bid $11280.00 for a 16" with a White Diesel Engine and $12360.00 for a 16" with an Avco Diesel Engine. 3. Recommendation and Funding It is recommended that the bid be awarded to Chipmore Manufacturing Co. for the larger 16" Chipper with the Avco Diesel Engine, in the amount of $12360.00. There is adequate money in Acct. #102-214-541-66-43 for the purchase of a chipper. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Fletcher, that the Board accept the recommendation of Carolyn Goodrich, Purchasing Division Manager, to award the bid to the lowest and best bidder, Chipmore Manufacturing Co. for a 16" Chipper, in the amount of $12,360, using funds from Account #102-214-541-66-43. Public Works Director Davis explained that the chips, produced by the new chipper, will be used in the County parks. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. BID NO. 127 - 1982 3-2 TON PICKUP TRUCK The Board next studied the following information: -M; Board of County Com<ni.ssioners THRU: C. B. Hardinr., Ph.D. Acting County dministrator DATE: July 13; 1982 SUBJECT: IRC Bid #127 - '(1) 1982 1/2Ton Pickup Truck FROM: Carol h' Goodrich y REFERENCES: Purchasing Division Manager 1. Description and Conditions At the June 2, 1982 -meeting, the Board approved the purchase of equipment to replace the following: 1 Brush Chipper 1 Pickup Truck 1 Crew Cab Truck 1 6 Yd. Dump Truck 1 12 Yd. Dump Truck Bids were received July 13, 1982 at 11JO0 AM for (1) 1982 1 Ton Pickup Truck. 14 Bid Proposals were sent out. Of the 4 2. Alternatives and Analysis Bidders responding, 3 were "No Bids." The only bidder was Roger Whitley Chevrolet for a 1983 Chevrolet in the amount of $6561.15. 3. Recommendation and Funding It is recommended that the bid be awarded to Roger Whitley Chevrolet. Funds to come from Acct. #102-214-541-66-42. JUL 21 1982 fox 50 PFGc 0. 53 JUL 211982 � 50 ON MOTION MADE BY Commissioner Lyons,_SECONDED by Commissioner Fletcher, the Board unanimously accepted the recommendation of Mrs. Goodrich that the bid be awarded to the only bidder, Roger Whitley Chevrolet, for a 1982 Chevrolet in the amount of $6,561.15, funding coming from Account #102-214-541-66-42. BID NO. 128 - 1982 3/4 TON TRUCK CAB & CHASSIS The Board next considered the following data: -ro: Board of County Camllssioners July 13, 1982 THRU: C. B. Hardp, Jr., Ph.D. Acting County Administrator SUBJECT: IRC Bid #128 - (1) 1982 3/4 Ton Truck Cab & Chassis FROM: Caroly'd Goodrich REFERENCES: Purchasing Division Manager 1. Description and Conditions At the June 2, 1982 meeting, the Board approved the purchase of equipment to replace the following: 1 Brush Chipper 1 Pickup Truck 1 Crew Cab Truck 1 6 Yd. Dump Truck 1 12 Yd. Dump Truck Bids were received July 13, 1982 at 11,:90 A.M. for (1) 1982 3/4 Ton Truck Cab & Chassis. 14 Bid Proposals were sent out. Of the 5 Bidders responding, 3 were "No Bids." 2. Alternatives and Analysis The low bidder is Roger Whitley Chevrolet in the amount of $7449.65, which includes V-8 305 Engine and HD Front & Rear Springs. Both are necessary because of weight to be carried. - 3. Recommendation and Funding It is recommended that the bid be'awarded to Roger Whitley Chevrolet. Funds to come from Acct. #102-214-541-66-42. ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously accepted the recommendation of Mrs. Goodrich, that the bid be awarded to the lowest and best bidder, Roger Whitley Chevrolet in the amount of $7,449.65, funds to come from Account #102-214-541-66-42. BID NO. 129 - 1982 5-6 YD. DUMP TRUCK The Board studied the following memorandum: T(): Board of County Conunissioners L)ATEi July 14, 1982 THRU: C. B. Har Jr., Ph. D. SUBJECT: IRC Bid #129 - (1) 1982 5-6 Yd Dump Acting Cou ty Administrator Truck FROM: Carolyn Goodrich REFERENCES: Purchasing Division Manager 1. Description and Conditions At the June 2, 1982 meeting, the Board approved the purchase of equipment to replace the following: 1 Brush Chipper 1 Pickup Truck 1 Crew Cab Truck 1 6 Yd Dump Truck_ 1 12 Yd Dump Truck Bids were received July 13, 1982 at 11:00 A.M. for (1) 1982 5-6 Yd. Dump Truck. 10 Bid Proposals were sent out. Of the 4 Bidders responding, 2 were "No Bids." 2. Alternatives and Analysis The low bidder was Roger Whitley Chevrolet in the amount of $21999.01, delivery time 75 - 90 days. 3. Recommendation and Funding It is recommended that this bid be awarded to Roger Whitley Chevrolet. A savings of $3620.45 can be accomplished by awarding this bid to Roger Whitley Chevrolet, though delivery will be very close to or after the end of the fiscal year. Therefore, we recommend these funds be placed in escrow, in the event of delivery not being made by September 30, 1982. Funds available in Account #102-214-541-66-43. J U L 211982 K 50 ?R,c bkl 55 . -- - JUL 21 9x2 .5a �Rtir ko ON MOTION MADE BY Commissioner Lyons, -SECONDED by Commissioner Fletcher, the Board unanimously accepted the recommendation of Mrs. Goodrich that the bid be awarded to the lowest and best bidder, Roger Whitley Chevrolet for a 1982 5-6 Yd. Dump Truck in the amount of $2.1,999.01, using funds from Account -#102-214-541-66-43. BID NO. 130 - 1982 13-14 YD. DUMP TRUCK The Board next discussed the following information: TO: BOARD OF COUNTY COMMISSIONERS THRU: C. B. Hardi Ph.D., Acting Coun Administrator DATE: July 13, 1982 FILE: SUBJECT: IRC Bid #130 - (1) 1982 12-14 yd. Dump Truck FROM: Carolyn Goodrich REFERENCES: Purchasing Division Manager 1. Description and Conditions At the June 2, 1982 meeting, the Board approved the purchase of equipment to replace the following: 1 Brush Chipper 1 Pickup Truck 1 Crew Cab Truck 1 6 yd. Dump Truck 1 12 yd. Dump Truck Bids were received July 13, 1982 at 11:00 A.M., for (1) 1982 12-14 yd. Dump Truck. 10 Bid Proposals were sent out. Of the 4 Bidders responding, 1 was a "No Bid". 2. Alternatives and Analysis The low bidder is Roger Whitley Chevrolet, in the amount of $35,359.05 for a 1983 Chevrolet with a Detroit Diesel engine. Delivery time 75-90 days. 3. Recommendations and Funding It is recommended the bid be awarded to Roger Whitley Chevrolet. A savings of $12,069.06 can be accomplished by awarding this bid to Roger Whitley Chevrolet, though delivery will be very close to or after the end of the fiscal year. Therefore, we recommend these funds be placed in escrow, in the event of delivery not being made.by September 30, 1982. Funds available in Account #102-214-541-66.43. ON MOTION MADE -,BY Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously accepted the recommendation of Mrs. Goodrich to award the bid to Roger Whitley Chevrolet, as being the lowest and best bid, in the amount of $35,359.05 for a 1982 12-14 Yd. Dump Truck, funds to be used from Account #102-214-541-66.43. ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously approved that the bid items be paid for out of the 1981-82 budget. REQUEST TO DREDGE SEBASTIAN INLET The Board next considered the following letter: Rene" G. Van De Voorde ATTORNEY AT LAW July 6, 1982 Indian River County Commission Indian River County, County Building Vero Beach, Florida 32960 Re: Sebastian Inlet Gentlemen: P.O. DRAWER B N. CENTRAL AVE. & JEFFERSON ST. SEBASTIAN, FLORIDA 32958 305 - 589 -4353 The Sebastian Inlet Tax District Commission is in the process of getting permits from the various State agencies to redredge the sand out of the sandtrap in the Sebastian Inlet. We need the approval of the County Commission to complete this project. Please schedule this for the agenda on your next meeting. There is no cost to the County Commission for "this project. Please advise me when this matter is scheduled. Mr. Tim Smith, Chairman of the Sebastian Inlet Tax District Commission, will be attending. Sincerely, "�A IQ Rene G. VanDeVoorde J U L 211982, 57 �oK 50 Pv�O 624 J U L 211982 ® pur Tim Smith came before the Board and explained that it was time to dredge the Sebastian Inlet; they were going down to 151, which was the sand trap. MOTION WAS MADE BY Commissioner Bird, SECONDED by Commissioner Lyons, that the Board approve the Sebastian Inlet Tax District Commission's request to dredge the Sebastian Inlet. Attorney Brandenburg commented that the new law allows the County more of an input into this process, and suggested that the Board establish a procedure on how to handle this type of an application. He added that the application could be sent through the Planning & Zoning Commission for an initial review, then brought back to the Board. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously requested that the Planning Department prepare the handling of the permit applications concerning this matter. SPECIAL MASTERS - PROPERTY APPRAISAL ADJUSTMENT BOARD Attorney Brandenburg requested that this item be postponed until a later date. ON MOTION MADE BY Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unanimously agreed to postpone this item until a later date. OUT -OF -COUNTY TRAVEL - PLANNING CONFERENCE ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved out -of -County travel for any Commissioner who would like to attend the Florida Chapter American Planning Association Annual Planning Conference to be held in Boca Raton, Florida from August 12-14, 1982. Commissioner Fletcher thought it would be helpful to hear the results of the out-of-town conferences. CERTIFICATE OF NEED - INDIAN RIVER SHORES The Board considered the following request from Mayor Nolan: J U L 211982 Bou 50 PA 02 5 59 JUL 211982 ALFRED E. MocADAM, III A. JOHN TODD, JR. TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1 -Ai INDIAN RIVER SHORES, FLORIDA 32960 Sr� Telephone: 305 - 231-1771 ti The Honorable Doug Scurlock 1840 - 25th Street ,Vero Beach, Florida 32960 Dear Commissioner Scurlock: Once again, I am requesting that a "Certificate of Need" be granted to the 'Emergency Medical Service Unit of the Indian River Shores Fire Department. As you perhaps know, in most cases our unit does not transport victims unless it is determined that immediate transport is necessary. Our unit has also responded to the County and Vero Beach to cover for the Volunteer Ambulance Squad. Because of a liability technicality that may exist under the present arrangement, it would seem to me that the issuance of a Certificate of Need for Indian River Shores would be advisable. Thank you again for your continued cooperation. Yours very truly, d Edward J. Nola ayor TOWN OF INDIAN I R SHORES 0 PAUL -626 CHESTER E. CLEM Town Attorney VIRGINIA L GILBERT Town Clerk JOHN F. CURTIN Town Engineer MOTION WAS MADE BY Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board deny the request made by Mayor Nolan in his letter received by the Board on July 2, 1982. Commissioner Lyons felt that they did not need this Certificate from the County. He added that they operate in the same way the County fire department does; they have three people on duty in their firehouse and when two people go out on a call, one person is left in the fire house. Commissioner Lyons pointed out that the County had all it could do to support what it had, and did not feel approving a Certificate of Need would be practical. Attorney Brandenburg explained that the County does have the discretion whether or not to grant a Certificate of Need in order for the Town of Indian River Shores to obtain a license from the State. Commissioner Lyons stated that the basis for his Motion was that the request was premature. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 4 to 1, with Commissioner Fletcher voting in opposition. LOCAL HEALTH COUNCIL APPOINTMENT The Board next discussed the following memorandum: 990K 50 m�-L6�7 JUL 21-1982 61 J U L 2 11982' TO: Board of County Com- missioners 0 FROM: Liz Forlani DATE: July 12, 1982 .5Q ?Af- 2 FILE: SUBJECT: Appointment to new Local Health Council REFERENCES: I talked with J.B. Norton today regarding the new law which will replace the present nine local Health Planning Agencies with eleven new local Health Councils and which will become effective October 1, 1982. Mr. Norton was appointed by the County Commissioners, as their representative to the Health Planning Council, and is currently Serving as President. Mr. W. Harold Hicks grid Mr. John Hoyt are also members on the present Council representing Indian River County. They were recommended for appointment to the Council by various groups in the community. Under the new legislation, Indian River County will have only have one representative who has been appointed by the County Commission. Mr. Norton stated that Health & Rehabilitative Services has suggested that he continue to serve during this transitional period since he is familiar with the procedure to be used to close out the old Agency and activate the new Council and Mr. Norton advised me that he would be agreeable to remaining as the County's representative. Mr. Norton continued that the Board's action should be in the form of a Resolution and that it be done as soon as possible. ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the appointment of J. B. Norton as the County Commission representative to the Health Planning Council. PARCEL OWNED BY MR. DeVIVO - DISCUSSION The County Attorney explained the situation concerning the 1.84 acre parcel, owned by Mr. DeVivo in the North County, which is in the midst of a considerable amount of controversy. Zoning permits were issued and revoked due to misinterpretation of the Land Use Plan, the Attorney advised. Mr. DeVivo would like to construct one or two houses on his property with some degree of certainty from the County Dewey Walker, Zoning Manager, advised that Mr. DeVivo came in about four months before the Board adopted the Land Use Plan and expressed his desire to place the two buildings on his property. He then submitted the plans in March, 1982 and obtained the zoning and building permits. In the meantime, after receiving this commitment, the septic tank was installed, and Mr. DeVivo's contractor left town and absconded with his money. He then had to hire another contractor. Mr. Walker went into detail about the problems that Mr. DeVivo was having, and recommended that he be allowed to proceed with his construction. Attorney Brandenburg further explained that Mr. DeVivo's building and zoning permits have been revoked. He also recommended that the Board instruct the Zoning Department to issue him the necessary permits. ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Planning & Zoning Departments to issue the proper permits to Mr. DeVivo in order to enable him to proceed with his construction. PUBLIC HEARING - COUNTY PARKS ORDINANCE NO. 82-12 The hour of 10:00 o'clock A.M. having passed,, the Deputy Clerk read the following Notice and Proof of Publication attached, to -wit:' JUL 21 1982 63 J U L 211982 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Ve Beach in Indfian River County, Florida; that the attached copy of advertisement, being / _L. in the matter of in the l A , Court, was pub- lished in said newspaper in the issues of r 0�.•/ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before We this � �OR2 day of (SEAL) (Clerk of the Circuit A.D. IV00 +-1" r. f usiness Manager) E S River County, Florida) K 50 FA�O,EWG NOTICE OF INTENT TOCO NSI DERCOU NTY PARKSORDINANCE f. please be advised that the Board of County Commissioners of Indian River County *111 hold a Public Hearing in the County COM' Bmissionuilding.ounty Cham1840�25th Cstreet, AVerioistration Beach, Florida, to consider adoption of the following Ordinance and Resolution an July 21, 1982,.at 10:00.m. All interested parties are invited to attend. 1, AN ORDINANCE OF THE BOARD OF' COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA TO BE KNOWN AS THE INDIAN RIVER COUNTY PARKS LICYV ORDINANCE PROVIDING ; OAND, ' DEF INITIONSt RULES MINISLTRATION;P LITTER OFFIICERs SEVERABILITY; REPEAL OF CON FLICTING PROVISIONS; INCLUSION IN;, THE CODE; AND EFFECTIVE DATE. 2, A'RESOLUTION OF THE BOARD OF. COUNTY. COMMISSIONERS OF INDIAN COU RIVER COUNTY, FLORIDA PROVIDING RULES''. FOR THE CONDUCT OF AC- TIYITIESWITHIN INDIAN RIVER COUNTY PARK AND RECREATIONAL FACILITIES.: Copies of the full text of the Ordinance and Resolution are available at the County At- torney's Office, 1840 25th Street, Suite S12,S, Vero Beach, Florida 32960. if any person decides to appeal any decision made on the above matter, he -she will need a record of the proceedings, and for such Pur- poses, he -she may need to insure that a ver- batim record of the proceedings is made, which recofd includes the testimony and evidence on which the appeal is based._ July 2,1982..: no o =' �O 4 C o iY•. n .r p O 1j 11 N A � C Commissioner Lyons referred to Section 26, Motor Driven Devices in Lakes, and talked about the people who use electric boats. The Attorney commented that specific places could be posted for people to do this type of activity. The Chairman asked if there was any one present who wished to.be heard. There were none. ON MOTION MADE BY Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously closed the Public Hearing. MOTION WAS MADE BY Commissioner Bird, SECONDED by Commissioner Lyons, that the Board adopt Ordinance 82-12 for Indian River County Parks, providing for policy, definitions, rules and regulations, permits, park administration, litter officer, severability, repeal of conflicting provisions, inclusion in the code, and the effective date. Bill Cook, Park Supervisor, talked about the noise as well as the hassles that develop in the parks. He explained that the law officers rarely take action; enforcement consists of warning the offending persons. Discussion then followed about Section 12, Removal of Natural Resources, and Section 18, Trees and Vegetation. After some discussion, the Board agreed the following should be added in Section 3K after the word "kind": "excluding individuals acting under the direction of the Board." Commissioner Wodtke referred to Section 4-B-25 on page 8 and suggested adding the word "located" before the word "in." Commissioner Bird AMENDED HIS MOTION to include the changes just discussed. Commissioner Lyons amended his second. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. �K 50 F�.0JI JUL 2 11982 65 JUL 2 11982 50 FA -L INDIAN RIVER COUNTY ORDINANCE NO. 82-12 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA TO BE KNOWN AS THE INDIAN RIVER COUNTY PARKS ORDINANCE PROVIDING FOR; POLICY; DEFINITIONS; RULES AND REGULATIONS PERMITS; PARK ADMINISTRATION; LITTER OFFICER; SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; INCLUSION IN THE CODE; AND EFFECTIVE DATE. _ WHEREAS, the public need and demand for the use of Indian River County park and recreational facilities has dramati- cally increased; and WHEREAS, Indian River County desires to provide effi- cient and convenient park and recreational facilities while main- taining a safe and healthy recreational environment; and WHEREAS, the Board of County Commissioners of Indian River County now finds and determines that it is essential to implement uniform policies and procedures for the administration of parks; and" WHEREAS, the Board of County Commissioners finds that this Ordinance and the restrictions imposed thereunder are necessary to protect the health and welfare of the members of the public using park and recreational facilities by designating cer- tain areas for specific activities and prohibiting certain conduct and activities within other areas. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. TITLE This Ordinance shall be known as the Indian River County Parks Ordinance. SECTION 2. POLICY It is the general purpose and intent of this Ordinance to establish uniform procedures for the administration of park and recreational facilities in Indian River County; to establish a system of regulations and rules governing the activities within the parks -and recreational facilities; to declare certain activi- ties as violations of rules and regulations; to provide for criminal penalties for violation of the regulations; to allow expulsion from a park or recreational facility for violation of a rule and to provide a procedure for establishing permits for activities within designated areas and to set methods for the administration of parks and recreational facilities. SECTION 3. DEFINITIONS For the purpose of this Ordinance the following words or phrases shall have the meanings set forth below. When not incon- sistent with the context, words in the plural include the singu- lar, words used in the present tense include the future, words in the singular number include the plural number. The word "shall" is always mandatory. A. BOARD means Board of County Commissioners of Indian River County, Florida. B. CLOSING HOURS means that time which begins a period when a park or recreational facility is closed to the general public. Florida. C. COUNTY means the County of Indian River, State of D. SUPERVISOR means the person appointed by the Board to supervise all park and recreational programs and facilities. E. DESIGNATED AREA means that geographical area which has been designated by the Department for a specific activity or activities within a park or recreation area. F. DEPARTMENT means the Park and Recreation Department of Indian River County. G. GUN means any instrument capable of firing a projec- tile rojec- tile or bullet at a high velocity, including but not limited to, any air gun, sling or slingshot. pelled. H. MOTOR VEHICLE means a vehicle which is self pro- I. PARR means a park, reservation, playground; beach, recreation center or other area owned, leased or used by the Department and devoted to active or passive recreation. J. PERMIT means a written document issued by the Department granting permission for a specific activity. R. PERSON means any individual, firm, partnership, association, corporation, company or business organization of any -2- 890A 50 60j J U L 211982 m ' J U L 211982 0 Q pn kind, excluding individuals acting under the direction of the Board. L. RECREATIONAL FACILITY means a facility designated by the Board for recreational purposes on property owned, leased or used by the Department. M. REGULATION means a standard of conduct adopted by ordinance of the Board which governs the use of park and recrea- tional facilities and the violation of which subjects the offender to criminal penalties. N. RULE means a standard of conduct approved by resolu- tion of the Board which governs the use of park or recreational facilities, the violation of which subjects the offender to ejec- tion from park or recreational facilities and the loss of park privileges for six (6) months. 0. VEHICLE means any wheeled conveyance, whether motor powered, animal drawn or self propelled. The term shall include any trailer in tow of any size, kind, or description. P. BEACH is hereby defined to be the territory between the low water mark of the Atlantic Ocean on the east and fifty yards west of the high water mark on the west of the Atlantic Ocean or the area within one hundred (1001) feet of inland lakes. SECTION 4. RULES AND REGULATIONS A. RULES 1. The Board, by resolution, shall adopt rules govern- ing the use of parks and recreational facilities owned, leased or operated by Indian River County which include but are not limited to the use of supplies and equipment, the charge and payment of fees, the hours of operation, the use and parking of vehicles, the conduct and overall safety of persons within the park and the general use of parks and recreational facilities for each such park and recreational facility as may be necessary. 2. Notice of the intent to adopt such rule shall be given by publication of the title of the proposed rule and the time and place of a public hearing on such rule in a newspaper of general circulation in Indian.River County, at least one (1) time prior to consideration by the Board. 3. Any resolution adopted by the Board as a rule shall be filed with the Clerk of the Circuit Court of Indian River County, Florida and shall become effective when filed. 4. Any person violating a rule may be expelled from any park or recreational facility and shall thereupon forfeit all park privileges for a period of six (6) months. B. REGULATIONS It shall be unlawful to violate any regulation adopted by the Board and any person found guilty of such violation shall be punished by a fine not to exceed FIVE HUNDRED ($500.00) DOLLARS or by imprisonment in the County jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board hereby adopts the following regulations; 1. AIRCRAFT AND PARACHUTING No person shall take off or land any aircraft, glider or parachute over or into any park or recreational facility without a permit from the Department. 2. BUILDINGS AND OTHER PROPERTY No person shall willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines, or other public utilities or parts or appurtenances thereof,. signs, notices, or placecards_whether temporary or perma- nent, monuments, stakes, posts, or other structures or improve- ments or equipment or any part thereof, located on any recrea- tional facility or park. 3. EQUESTRIAN ACTIVITY No person in any park or recreational area shall ride horseback except on roadways and bridle paths within areas desig- nated for such purposes. No person shall ride horseback in any park'or recreational area after dark and before daylight. It shall be unlawful for any person to ride a horse in a reckless manner. 4. FIRE No person shall ignite, set or maintain any fire for cooking or any other purpose in any park or recreational facility unless such fire is within a designated receptacle and area for JUL 21 1982 -4- fox .5o P;�Gc�� U L 21 1982 WK 50 WE 6c) 6. such purpose. 5. FIREARMS OR FIREWORKS No person in any park or recreational area shall carry, fire or discharge any gun, pistol or firearm or any rocket, torpedo or other fireworks of any description without a permit from the Department. 6. HUNTING No person in any park or recreational area shall hunt, catch, harm, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird. No person in any park or recreation area shall remove, disturb, or have in his possession the eggs, nest or young of any wild animal, reptile, or bird. 7. INTERFERENCE WITH PERSONNEL No person shall interfere with, hinder, or oppose any officer, agent, or employee of the Department in the discharge of his duties or with the enforcement of the park regulations and rules. 8. PRIOR EJECTMENT No person who has been ejected from a park or recrea- tional facility for a violation of a rule pursuant to Section 3 (A)(4) may enter upon or use any park or recreational facility for a period of six (6) months. No person may remain upon any park or recreational facility premises after a Department employee or law enforcement officer requests the person to leave for violation of a rule. 9. MEETING No person shall organize any public meeting, assemblies, entertainments, tournaments, religious gatherings, demonstrations, parades, processions or meetings, in any park or recreation facility that is reasonably anticipated to include more than fifty (50) persons without first obtaining a permit from the Department. 10. NOISE No.person shall operate or play any radio, television, phonograph, musical instrument or similar device in any park or recreational facility in such a manner as to be plainly audible to -5- the human ear at a distance of one hundred (100') feet from the sound source without first obtaining a permit from the Department. 11. POLLUTION No person shall throw or place or cause to, be thrown or placed, any dirt, filth, or foreign matter into the waters of any lake, pond, pool, river, inlet, tank or reservoir in any park or recreational facility. 12. REMOVAL OF NATURAL RESOURCES No person in any park or recreational facility shall remove any beach sand, whether submerged or not, any soil, rock, stones, plants, wood, or any other materials whatsoever from any park or recreational facility, or make any excavation by tools, equipment, blasting or other means in existing material in park or recreational facilities. 13. RUBBISH No person shall throw, place, cast, deposit, dump or cause to be thrown any ashes, refuse, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, scraps, dirt or like matter, filth or rubbish of any kind in any park or recrea- tional facility except to place the same in receptacles or cans specifically provided for such matter. 14. SALES AND SOLICITATION No person shall sell, keep, or offer for sale any tangi- ble or intangible object, merchandise or thing or solicit for any trade, occupation, business or profession within any park or recreational area without a permit from the Department. No person shall solicit alms or contribution for any purpose, whether public or private in any park or recreational facility. 15. SIGNS No person shall post or affix to any tree, shrub, plant, -fence, building, structure, monument, wall, table, apparatus, bridge, post, bench, corral, gate or any other physical object any sign, poster or other printed or written matter in any park or recreational area. AL 21 1982 -6- Brox 50 FA'UE6'7 J U L 2 1982 50 ?Au -F-638 16. SLEEPING, CAMPING AND LODGING No person shall sleep, camp, lodge, or park a vehicle overnight in any park or recreational area except,in such areas as designated for such purposes without first having obtained a permit from the Department. 17. TRAFFIC A. The State Uniform Traffic Control Laws, Chapter 316, Florida Statutes, are incorporated by reference and made a part of this Ordinance and shall apply to the operation of all motor vehicles on streets and roads in county parks, unless modified otherwise under the provision of this Ordinance. Traffic officers and employees of the Department are hereby authorized to direct traffic whenever necessary. B. No person shall operate, drive or park any vehicle upon any road, driveway, path, parking area or other area unless it has been designated by the Department for such purpose. No person shall cause any vehicle for hire to stand upon any part of a park or recreational area for the purpose of soliciting passengers. C. No person shall drive a vehicle at a rate of speed exceeding five (5) miles per hour in any County -park unless the Department has designated, by posted sign, a greater speed limit. D. No person shall park any vehicle in any area other than the areas which are designated for parking. E. No trucks and or trailers allowed except on desig- nated roads or in designated areas so posted. 18. TREES AND VEGETATION No person in any park or recreational area shall remove, damage, disturb, cut, carve, or transplant, any tree, shrubbery, lawn, plant or flowers. No person shall attach any rope, wire, or other contrivance to any tree or plant in any park or recreational facility. 19. TRESPASS No person shall enter or remain on park or recreational facilities without a permit during hours when the facility is closed, provided, however, that closing hours must be posted at the entrance of the park or recreational facility. -7- 20. UTILITIES No person, firm or corporation shall locate any utility upon any park or recreational facility without receiving a permit from the Department. 21. WATER ACTIVITY No person shall swim, ski, dive, surf, scuba, fish or use boats in any area in any park or recreational area unless such area is specifically designated for such purpose. No person shall surf unless his surfboard is equipped with a leash and attached to the surfer. All persons shall obey posted waterfront rules. 22. NUDITY No person shall publicly expose personal and private parts of the body. 23. LEWD OR LASCIVIOUS CONDUCT No person shall engage in lewd or lascivious conduct or fornicate in any park or recreational facility. 24. DOGS PROHIBITED No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the Department. 25. GLASS BOTTLES AND CONTAINERS No glass bottles or containers are allowed on any beach located in any park or recreational facility. 26. MOTOR DRIVEN DEVICES IN LAKES No motor powered or driven devices are allowed in any park lake or pond unless specifically posted for such use by the Department. 27. DUNE LINE CROSSING No person shall cross, walk through or be situated upon any part of the ocean dune line, except at designated crossover points and boardwalks 28. ALCOHOLIC BEVERAGES No'person shall bring alcoholic beverages into any park or recreational facility or drink alcoholic beverages at any time in a park or recreational facility. No person shall enter or remain in any park or recreational facility while under the influ- ence of intoxicating liquor. JUL 211982 -8- 50 �v�� r, JUL 211982 SECTION 5. PERMITS 54 The Department may issue a permit when it has been established; A. That the proposed activity will occur within an area which is proper for the activity to occur. B. That the proposed activity or use will not unreason- ably interfere or detract from the general public enjoyment -of the park or recreational area. C. That there are adequate facilities and personnel in the proposed areas so that the proposed activity will not impair the health, safety, and welfare of the persons who will engage in the proposed activities and the proposed activity will not impair the health, safety, or welfare of other individuals who may desire to use the facility. D. That the desired facility has not been reserved for other use at the time requested. E. That the applicant will deposit a proper fee as established by the Department for the activity. F. All permits shall be signed by the Supervisor or his duly authorized representative. G. The Department shall not issue a permit for any activity that may constitute a hazard to participants or other park users. The Department as a condition to the issuance of a permit may require public liability insurance in an amount the Department deems appropriate or require other conditions. H. In the event any applicant is refused a permit, the Department shall indicate the reason for refusing such permit. I. The applicant may appeal the refusal of any permit to the County Administrator. J. The Department or its duly authorized representative shall have the authority to revoke a permit previously issued upon finding a violation of any rule or regulation. SECTION 6. PARK ADMINISTRATION A. PARK RANGERS The Supervisor of the Department shall appoint park rangers who shall be responsible for the enforcement of park rules -9- and regulations and shall have the power to eject and expel any person for violation of any park rule or regulation and report the violation of any regulation to the proper law enforcement officers. B. DESIGNATED AREAS The Supervisor shall have the power to designate areas and facilities in park and recreational facilities for specific activities, and to prohibit other activities within the designated area according to the terms of this Ordinance. The Supervisor shall be the official custodian of a list of all areas which have been designated for specific activities. Such list shall contain a description of the property which is designated for a specific activity and the nature of the activities which are permitted. The Supervisor is authorized to post designated areas when in his discretion such posting is appropriate. SECTION 7. LITTER OFFICER The County Administrator shall appoint, pursuant to Florida Statutes §403.413 (1975), Indian River County Litter Officers, as necessary, who shall be employees of the Indian River County Parks and Recreation Department. These employees shall qualify as law enforcement officers for the purpose of enforcing Florida Statutes §403.413 (1975) and this Ordinance. SECTION 8. SEVERABILITY In the event any section, paragraph or phrase of this Ordinance is declared invalid by a court of competent jurisdic- tion, such section, paragraph or phrase shall be deemed a separate provision of this Ordinance and shall not affect the validity of other parts of this Ordinance. SECTION 9. REPEAL OF CONFLICTING PROVISIONS All provisions, ordinances or rules which conflict with this Ordinance are hereby repealed, to the extent of such con- . -flirt. Indian River County Ordinances 79-22 and 77-32 are hereby repealed. SECTION 10. INCORPORATION OF ORDINANCE IN COUNTY CODE. Provisions of this Ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to JUL 21 1982 -10- BOO50 F,,6�0��. JUL 211982 -50 "section", "article", or other appropriate word, and the sections of this Ordinance may renumbered or relettered to accomplish such intentions. SECTION 11. EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon receipt from the Florida Secretary of State of official - acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of `County Commissioners of Indian River County, Florida this 21st day of July 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS By c/_ ' < �--- DON C. SCURLOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this day of , 1982. Effective Date: Acknowledgment from the Department of State received on this day of , 1982, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Approved as to form and legal sufficiency. By. Attorne -11- JUL 21 1982 ON MOTION MADE BY Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 82-71 providing rules for the conduct of activities within the County park and recreational facilities. 67 0 soe 50 �� 643 j U L 21 1982 box RESOLUTION NO. 82-71 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROVIDING RULES FOR THE CONDUCT OF ACTIVITIES WITHIN INDIAN RIVER COUNTY PARK AND RECREATIONAL FACILITIES. WHEREAS, the Board of County Commissioners of Indian River County has previously'adopted Ordinance No. 82-12 which pro- vides for a uniform manner of County park and recreational facility administration, and WHEREAS, the Ordinance provides that the Board of County Commissioners shall adopt rules governing the use of parks and recreational facilities owned, leased or operated by Indian River County, and WHEREAS, the Board of County Commissioners now finds and determines that the following set of rules are necessary and in the best interest of the residents of Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the following rules are adopted and shall apply to all County operated parks and recreational facilities in Indian River County; 1. RESERVATIONS. Any person, organization or business entity who reason- ably expects their activity to draw more than fifty (50) persons into any park or recreational facility shall obtain a permit for such use from the Department not less than seven (7) days prior to the scheduled activity. 2. GAMES AND ORGANIZED ACTIVITIES. No person shall play or participate in any game or organized activity including -but not limited to football, base- ball, and basketball in any park or recreational facility except in areas specifically designated for such uses. 3. EMERGENCIES. When, in the opinion of the Department, an emergency exists and that the public interests, health, morals and safety require immediate action, any park or recreational facility or part thereof may be closed and all persons excluded therefrom. 4. RIGHT OF ENTRY. The Department and its employees shall have the right at all times to enter upon the premises of any building, structure or enclosure located on any park or recreational facility including such grounds, buildings, structures or enclosures as may be leased, brought upon the premises or set aside for the private and exclusive use of any individual or group. 5. FEES. The Department is authorized to lease the use of equip- ment and personal property to members of the general public for use within park and recreational facilities and establish an appropriate fee schedule for the use of facilities. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of July, 1982. Attest: FREDA WRIGHT, Cler APPROVEDAS TO FORM AND LEGSUFFICENCX By. M "BRANDENBURG t Attorney JUL 21 1982 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY Z--, C, DON C. SCURLOCK, JR. Chairman -2- K 50 FAQ - J U L 211982K' 50 Nbr 64 0 CIVIC ASSOCIATION LETTER The Chairman read the following letter from the Vero Beach Civic Association dated July 16, 1982: Vjj .. ISI jl� ' a ( q `� - •+ f,p� i' I\Co �1i/ ala Y�tl� W ►� rYY Y W Y. Y �tY r u r V i�m�l V:Y V {�Y ir i 14.E w r b ZACI Civic The oblectives and parposes shall be to preserv:v, foster and promote the beauty, natural resources ASSN. and good government of the City of Vero Bescn and Indian River County." P.O. Box 3381 Vero Beacn, Ft. 32960 July 16, 1982 ?ndian River Boar of County Commissioners .840 25-X. Streec Vero Beacli, Fl or da 32960 uent.emen: The VERO BEACH CIVIC ASSOCIATION Board of Directors, at its regular monthly meeting on July 12, 1982, suggests and requests the County Commis;3ion adopt the follows ng policy and procedure, both for itself acid the various Boards and Commissions functioning for the Commission; 1) Closing out the wr i zen, a,;a/or printed material to be used at a mea : ,.g s i mw taneous ly with close- out of the Agenda for same. 2) Making available copies of a;l written and/or printed material used i n a. meati rig for c;i s tri aut i on to those individuals ano/or representatives of organ i Za-ii ons who nave taken the gime to attend the meeting. We be' i eve �hi s poi i cy w i l: make i -o`.^ Z =ore Gel i berate prepa- a" i vti fori; ee.O i i , fiS ure aga i iS"C has"Cy actl a%, a<<i: �'^OVi Ge for EL U Lter underStar,4ing of the issue's anc a more constructive input by t:e pu;: iC at.�:oit,y Administrative Aide Forlani commented that there were three full packets of agenda material left on the press table and on the day of the meeting,`she takes along 20 to 30 agendas for distribution. Mrs. Forlani also pointed out that approximately 35 copies of the agenda are mailed to interested citizens and governmental ,agencies; the interested citizens supply her office with their self-addressed, stamped envelopes. Gary Wheeler, resident of Vero Beach, interjected that the agenda material could be placed on a shelf"or table in the back section of the Commission Chambers. The Board felt this was a good suggestion. JAIL ARCHITECT SELECTION COMMITTEE RECOMMENDATION Commissioner Lyons commented that the Public Safety Committee had agreed with the Jail Architect Selection Committee recommendation; they are now in a position to begin discussions with their first choice, Frizzell & Associates. He further advised that they plan to put together a Mission Statement for the jail, and a statement of functions of the jail, which will be used as instructions for the consultant. Commissioner Lyons noted that the Jail Selection Committee needed the permission of the Board to begin their negotiations with the Architect. MOTION WAS MADE BY Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board authorize Commissioner Lyons and Public Works Director Davis -'to begin negotiations with Frizzell & Associates, the first choice as the jail architect. Commissioner Lyons further advised that the Sheriff's Department had sent out 35 letters to past customers of Frizzell & Associates. All replies, with one exception, 50 FA�E647 JUL 21 1982 71 JUL 211982 x 50 �a�r highly recommended the firm for two basic reasons: they did the job they were supposed to do, and were accessible after the job was completed. He stated that many jails were looked at during their months of investigation, and each one had some problems. If the original plans for the jails had been reviewed by knowledgeable people before they were built, Commissioner Lyons felt most of the problems could have disappeared. Commissioner Bird commended Commissioner Lyons and his Committee for their thorough analysis of this subject. Commissioner Lyons stated that if the Board would like, they could arrange for the architect to come before the Board.' He added that, at a later date, the Committee would like -Po send two more people to take the jail course. Commissioner Lyons advised that he had written letters to as many people as he could think of, who would have business with the jail, asking them for their suggestions to be passed on to the consultant. He wanted to be sure everybody's needs would be met in the design of the jail complex. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. APPOINTMENTS TO BUILDING COMMITTEE The Board reviewed the resumes of Joseph C. Stark and John E. Gappa, as well as the following letters: P. • BOX 2062R• BEACH•� • 1. TELEPHONE1569-5061 June 2, 1982 Mr. Doug Scurlock Board of County Commissioners Administration Building 1840 25th Street Vero Beach, Florida 32960 Dear Doug: I want to thank you for your presentation before the Indian River Council of the Treasure Coast Builders Association. Following last week's County Commission Meeting, it is my understanding' that there will be a committee founded with representatives from the city, county, and building community. I have spoken with the following members of our association and they are interested in serving on the committee. They are: NAME COMPANY PHONE Joe Garone Joe Garone 231-1064 231-8203 - Car Paul Jacobi George Frederick 567-8816 Russ Trimm Trimm A/C 562-9307 David Ward East Coast Screening 567-7418 Don Proctor Proctor Construction 589-7711 Jim Gooch Tru Line Industries 562-8421 Mark Baker Fred Baker Const. 567-3461 Peter Robinson Laurel Homes 569-5061 John Marshall Vista Properties 567-6021 Mickey Cooper Cooper Electric 562-4200 David Croom .Croom Construction 231-1703 At the meeting you mentioned that you hoped to get input from the building community. I hope this list will be a start in provid- ing that input. 0 Very Truly Yours f,&& I �.. Peter G. Robinson P.S. You might want to expand this committee's jurisdiction to reviewing all regulations regarding building and subdivisions in order to insure that we have the most cost effective product. This was done successfully in West Palm Beach and Chris Paul mentioned to me that he thought it might be useful in our area. � JUL 211982 73 NOK 50 PAGE 649 JUL 21 1982 City of Vero Beach P. 0. BOX 1389 - 1033 - 20th PLACE VERO BEACH, FLORIDA - 32960 Telephone 367-5131 June *16, 1982 Mr. William C. Wodtke, Jr., Commissioner Indian River County 1840 25th Street Vero Beach, Florida 32960 o F� Dear Mr. Wodtke: The City Council appointed Councilman Dorothy Cain and Mrs. Ester -Rymer, Building and Zoning Director, to serve as the City's representatives on the Committee to study the future of the Building Department. Councilman Cain will contact you about a date _for a meeting. Very truly yours, 44_�� William H. Cochrane Mayor Commissioner Wodtke stated that the City's representative would be Dorothy Cain; the Building Department's representative would be Ester Rymer. He added that he and Bruce King would be the two County representatives, and that John Towney had agreed to serve in the Architect and Engineer category. Commissioner Wodtke then discussed the resumes. He asked the members of the Board if they had any suggestions for the remaining Members -at -Large category. The Chairman expressed concern that the committee would be comprised of.people with open minds. Lengthy discussion followed, and it was hoped that they could find people who were neutral; somebody who would be objective. Commissioner Wodtke noted that he would try to have a recommendation for the Board at the next meeting in this regard. PARKS SUPERVISOR IN GIFFORD Commissioner Bird explained that the part-time position for Larry Staley, the Park Supervisor in Gifford, was due to expire on July 26th. Since the Board had agreed to pick up a full-time supervisor commencing October 1, 1982 during the budget -meeting, there is a gap until that date. MOTION WAS MADE BY Commissioner Bird, SECONDED by Commissioner Lyons, that the Board authorize an amount not to exceed $3,000 to carry the Recreation Supervisor in Gifford Park from July 26 to October 1, 1982, funds to come from the Board Contingency Fund. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 4'toL-1, with Commissioner Fletcher voting in opposition. JUL 211982 75 I Box 50 PAS- ��.� JUL-21 1987. The Board of County Commissioner recessed at 12:00 Noon for lunch and reconvened at 1:30 o'clock P.M. with all members present, except Commissioner Fletcher who did not attend the afternoon session because of illness. Deputy - Clerk Virginia Hargreaves took over from Deputy Clerk Janice Caldwell for the remainder of the meeting. 1 APPEAL OF DENIAL OF REZONING R-1 to R -2A BY PLANNING & ZONING COMMISSION — IDA COOPER The hour of 1:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: hZii'�� ,�,n VERO BEACH PRESS -JOURNAL JG` •� �.� Published Weekly d 198? Vlii;Q Beach, Indian River County, Florida OUNTiI� rvy1N fi�ER: TE OF� A Wj ,,' nBefore'thg4 signed authority personally appeared J. J. Schumann, Jr. who on oath say �j6�� s Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero ndian River County, Florida; that the attached copy of advertisement, being Y )AZLI - ' �1�in the matter of /o V_ � r.. in the Court, was pub- lished in said newspaper in the issues n�'71„ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this day ofQji A.D.AD-/ / :7_GG_ D n n n Z�1„ (SEAL) (Clerk Circui -/f (Business Manager) �11 j River County, Florida) Staff recommendation is as follows: NOTICE - NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River iCounty,,Florida, it reviewing the feasibility of snaking the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially asfollowi;._. — 1. That the Zoning Map be changed In order. that the following described property situated on the north side of 10th Place, west of Old Dixie Highway, in Indian River County, Florida, to -wit: Commencing at a concrete monument being the Northwest quarter corner of the Southwest quarter Section 12, Township 33S, Range 39E, Indian River County, Florida and thence run South on said Section line a distance of 695 feet to a point, said point being the intersection of the North right-of-way of 10th Place and said Section line. Thence, run Easterly on the North Right -of - Way line a distance of 735 feet to a point being the True Point of Beginning; Thence, run North 240 feet on a line parallel and 735 feet distant from the West boundary of Section 12; Thence, run West 140 feet on a line parallel to and 240 feet distant from the North Right -of - Way of 10th Place; Thence, run South 240 feet on a line to a point on the said North Right -of -Way line 140 feet west of the True Point of Beginning; Thence, run East 140 feet on the North Right - of -Way to the True Point of Beginning; The 't=rue Point of Beginning at" being defined as a point on the North Right -of -Way Iine.of 10th Place 503.36 feet West of a point, said point being the intersection of the North Right -of -Way line and the centerline of Old Dixie Highway. Be changed from R-1, Single Family Residential to R -2A Multiple Family District. The Board of County Commissioners will conduct a public hearing, regarding the appeal by the applicantof the decision by the Plan- ning and Zoning commission to recommend disapproval of the rezoning request. The public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Ad. ministration Building, located at 1840 25th Street, Vero Beach, Florida, on Wednesday, July 21,1982, at 1:30 P.M. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need to insure that a verbatim irecord of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. 1 ndlan.River County Board of County commissioners By: -s -Don C. Scurlock, Jr., Chairman j June 28, July 14,1982. TO: The Honorable Board of DATE: June 17, 1982 FILE: County Commissioners IRC-82-ZC-9,#459 THROUGH: C.B. Hardi .,Ph.D. SUBJECT: IDA E. COOPER'S REQUEST TO Acting Coun Administrator REZONE .77 ACRES FROM R-1 TO R -2A Letter from. Jerome D. Quinn FROM: Dennis Ragsdale REFERENCES: to Carolyn Eggert and Don Staff Planner C. Scurlock, dated 6/2/82. DESCRIPTION AND CONDITIONS: The applicant is requesting that a .77 acre parcel of land be rezoned from R-1, Single Family Residential (6.2 units/acre) to R -2A, Multi -Family Residential (4 units/acre). The Plan- ning and Zoning Commission unanimously denied this request in their regular meeting held on May 27, 1982. A letter appeal- ing this decision was received on June 4, 1982. ANALYSIS: The property is located on the north side of 10th Place, approximately 475 feet west of Old Dixie Highway. The Compre- hensive Plan designates the subject property LD -2 (up to 6 units/acre). The site is presently occupied by a single family residence and a frame house connected to a mobile home which is also used as a residence. Rezoning the .77 acres to R -2A would allow a maximum of 3 units to be developed... __. Single family homes are located to the east, west, and south .of the subject property. Several mobile homes are also located in the vicinity. To the north the land which fronts on 12th Street is zoned C-lA, Restricted Commercial. Offices and other commercial uses, single family homes, and storage warehouses are situated in this area. STAFF POSITION: Rezoning the subject property from R-1 to R -2A would create a "spot" zoning, which does not compliment the existing residential pattern. RECOMMENDATION: Staff recommends denial of the request to rezone the .77 acre parcel from R-1 to R -2A.1 Attorney Jerome Quinn came before the Board represen- ting the applicant, Ida Cooper and her son, Charlie Cooper. He explained that Mrs. Cooper lives on 10th Place. Her house fronts on the street, and on the rear portion of the Boa 50 FAbC V)') JUL 21 1982, 77 JUL 21192 K 50 PA�E� 140 x 240 lot, there is a mobile home with an addition built on it, which is where her son, Charlie Cooper, has resided for some 25 years and raised his family. Mr. Cooper now would like to remove the mobile home and construct a new - residence. The lot size is adequate, but there is a road frontage problem and the only solution is a zoning change. The Zoning Board recommended denial based on the finding of the Planning Department that such a rezoning would con- stitute spot zoning since it would give the Coopers, or a successor owner, the right to build a duplex or triplex on the subject lot. Mr. Quinn assured the Board that Mr. Cooper is very serious about building his house, - he has a contract, financing, etc. Attorney Quinn then went into a lengthy argument about what does or does not constitute spot zoning and read definitions which describe spot zoning as that which "allows uses which are inconsistent with the surrounding area" or "permit a radical departure in a small area of a much larger area committed to a very different use." He also felt that spot zoning will result in violation of the neighborhood character and may result in depreciation of neighborhood values. Attorney Quinn then went into a very -thorough description of the area around the Cooper property, noting that all the properties on the north side of 10th Place back up to the commercial properties located along the south side of 12th st. He stressed the large amount of commercial and industrial activity in this area and pointed out that the residences in the surrounding area consist mainly of frame houses in excess of 30 years old and mobile homes which have been added onto. In addition, the lots on each side of the subject property have houses built directly behind one another, and when you drive by this street, you see house behind house on each side of the subject parcel. Mr. Quinn _8 believed it is clear that the neighborhood is in a mixed district and felt the replacement of a trailer by a $55,000 house could only improve the neighborhood as a whole and tend to increase values. He further noted that the density factor, although it will not be used, is in conformance with the Land Use Plan. Attorney Quinn further noted that neighbors have submitted a petition signifying their approval of the proposed rezoning, and the three neighbors most closely involved have written personal letters of approval. Said petition and letters are made a part of the Minutes as follows: 0 J U L ;21 1982 .8goK 50 PAGE 055 L79 .4 CQ ..t n 1 ADDRESS PHONE It SIGEATURE DATE 1 REGARDfNG PROPERTY AT 1094 10th PLACE, VERO BEACH, FLORIDA (12-33-39-00-5000-023.0) , © 0 �CXJ C l �J • ALL OF THE NAMES BELOW DATED IN ,19 $0 HAVE BEEN CONTACTED EXCEPT JUDY COOPER. O Y �O� -d ��a�r• 4 WE, THE UNDERSIGNED ADJACENT NEIGHBORS AND PROPERTY OWNERS, HAVE 110 OBJECTION TO THE ccs s cl 1 REZONING OF THIS PROPERTY FROM R1 TO R2A: L1 fir. n 1 16 ,. Ao 54,9 -6vl�a-4 .4 CQ ..t 1 1 }�y NAME ADDRESS PHONE It SIGEATURE DATE Cir © 0 �CXJ C l �J • O Y �O� -d ��a�r• l? a. ccs s Cr L1 fir. n 1 16 ,. Ao 54,9 -6vl�a-4 r COD Ir GGL l�iC/ / �' L'�'�_ / S L� _ �G, !/ ;GcZ C�� G •�Z " tS `oG �•c' 6Gi�J.-/CG`L��� L'�C/ / 7, L% M. / / M�'�Oj�1..� ♦ � I �-__ / /" y � l� � � 'V J ✓ • / �Y� • '�d�'�-.'�"4'� � { / /V f�� i yd �• 3 a "u -e SG z�3 7� f C'sn� '_,� l 7# k �2,3(/,9 G cLc A.u, i�. E'c � 17SZ - 3s- '' (,r,..�-z• ,f -d 7- 37 3 S C�ti.�c.elC�/��-Z 1 1 J 1 REGARDING PROPERTY AT lo94 10th PLACE, VERO BEACH, FLORIDA (12-33-39-00-5000-23.0) WE, THE UNDERSIGNED ADJACENT NEIGHBORS AND PROPERTY OWNERS, HAVE NO OBJECTION TO THE REZONING OF THIS PROPERTY FROM R1 TO R2A: NAME ADDRESS PHONE # jsIGNATURE A DATE'Ir ••� D� � k �_-� T / �•- �; �` � SUS ��12 � �� �''�` � �-��-P� � d-c�-- ��' ,(ee :k s^� Z_? ? 4 7 6 5 G - i r - _ `f �1n. �lrva w o -Zo - I LLJ i3 00 Fr-NZ8 I JUL 211992 K 50 Pic 105b -10th rlace Vero Beach,Fla. July 20,1942 board of County Commissioners 1340 25th,street Vero beach,Florida. gentleman: VJE,the Steve Hadsell;s of 105b-14th.,rlace have adjacent property to the East and to the North of Ida E. Cooper property in question. we definitely Do_approve of having said property rezone& from x-1 Single Family Residential to x -2A Multiple Family bistrict. Very truly yours, TO WHOM IT MAY CONCERN: July 16, 1902 Unfortunately due to illness neither Mr. Butcher or myself will be able to attend the public hearing on the rezoning request for IDA E. COOPER set for July 21, 1982 from R -I Single -Family Residential to R -2A Multiple Family District. Having been neighbors of the Cooper's for over twenty years and as an adjacent property owner we believe this change would be an asset to both the area of Tenth Place and of the County also. Therefore our vote would definitely be YES for the rezoning change. Respectfully, Mr. and Mrs. Janes H. Butcher 1090 10th Place Vero Beach, Florida 32960 JAMES H. BUTCHER RUTH 0. BUTCHER rU/•o.c�-t%1-1� cif �X--tL-1L '-- C, C io941 o Mr. Ragsdale stated that basically Mr. Quinn assessed the situation and the area very well regarding the existing land uses; however, while staff does not question that the intentions of the Coopers are good, the maximum use of the property given this zoning would give a potential of multiple family in a single family neighborhood. therefore, still feels this would be spot zoning. JUL 211982 ODOR 83 Staf f , 50 6�O r JUL 211982 50 F 'OL 000 Commissioner Wodtke asked whether staff would have any problem with accepting the zoning change if they could be assured in some way that no multiple family would be erected on the property. Community Development Director Bruce King stated that if the property owners would accept a cap of possibly two units for that property, he felt, based on the existing land uses, staff could accept that, but he pointed out that we cannot demand this. Discus-sion followed on the fact that what the Coopers are trying to do is consistent with the neighborhood, and alternatives to assist the Coopers accomplish their goal were suggested, such as deed restrictions or possibly going to the Variance Board. It was generally agreed that the Board preferred to find a vehicle to address the matter at this level rather than putting the Coopers through even further delay and expense. Mr. Ragsdale commented that if there were a deed restriction, there should be some provision in regard to granting a permanent easement for access to the home in the rear. The Chairman asked if anyone present wished to be heard. Ann Robinson of 3008 Nassau Drive informed the Board that she is acquainted with Mrs. Cooper and knows that Mrs. Cooper began back in 1980 attempting to build the proposed house within the County rules and regulations. She believed the Coopers now exhausted every remedy and hoped the Board will give them some relief. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unani- mously closed the public hearing. r S4 - Commissioner Bird believed it is the Commission's duty to try to avoid spot zoning when possible, but, in this particular case, because of characteristics of the neighborhood, he did not feel it constituted spot zoning. Motion was made by Commissioner Bird to grant the rezoning change requested by Mrs. Cooper from R-1 to R-2 on the property advertised. Discussion continued as to the best method to follow to achieve the Coopers' purpose without necessarily having to change the zoning. Commissioner Lyons suggested the Board leave that problem to the two attorneys with the understanding we want to see that house there and assure access in the future. Attorney Quinn stated that he would be satisfied if he could get on the record that is the intent of the Commis- sion. Commissioner Bird withdrew his Motion. Commissioner Lyons suggested a Motion instructing the two attorneys to prepare a document which will allow the Coopers to build the second house, provide an easement for access, and put a limitation on the number of houses which may be erected on that lot. Commissioner Wodtke stated that he did not want to get into a contractural zoning situation and would prefer to vote after the document is brought back for approval. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously continued the public hearing until the above discussed document can -be prepared and brought back to the Board for approval. sea 50 JUL 211982 85 r 'JUL 211982 iK 50 pofc 662 PUBLIC HEARING — APPEAL OF PLANNING & ZONING RECOMMENDATION OF DENIAL FOR REZONING — HATALA The hour of 1:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication - attached, to -wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published atVeroBeach in Indian River County, Florida; that the attached copy of advertisement, being in the matter ofz5 R 60 %2 r in the Court, was pub- lished in said newspaper in the issues of�y. 0)6 . 2LIL_ �y U Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. j Sworn to and subscribed before me this day of A.D, 9r :1 a, _e (j sihess Manager) (SEAL) (Clerk of the Circuit Court, 6dian River County, Florida) NOTICE._::-�:: NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, is reviewing the feasibility of In aking the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated on the south side of State Road 60, east of 78th Avenue, in Indian River County, Florida; to - wit: The East 10 acres of the West 20.68 acres of Tract 10, Section 1, Township 33 South, Range 38 East, Indian River County, Florida, ac- cording to the last general plat of lands of the Indian River Farms Company. - Be changed from A -Agricultural District and 114 Multiple Dwelling District to R -2D Multi - Family District. The Board of County Commissioners will conduct a public hearing, regarding the appeal by the applicant of the decision by the Plan- ning and Zoning Commission to recommend disapproval of the rezoning request. The public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Com- missioners in theCounty. Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Wednesday, July 21, 1982, at 1:30 p.m. If any person decides to appeal any decision made on the above matter, he will need a record of theproceedings, and for such pur- poses, he may need to insure that a verbatim record of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners -By:-s-Don C. Scurlock, Jr., Chairman June 28, July 14,1982. Cc 198 '1loSlC�Vl;j7� ':`J Staff position and recommendation is as follows: TO: The Honorable Board of County Commissioners DATE: June 17, 1982 FILE: IRC-82-ZC-8,#458 THROUGH: C.B. Hard' Jr . , Ph . D . V§§ ECT: Acting Co ty Administ FROM: LEONARD J. HATALA'S REQUEST TO REZONE APPROXIMATELY 5 ACRES FROM R-3 TO R -2B AND APPROXIMATELY 4.74 ACRES FROM AGRICULTURAL TO R -2B Dennis Ragsdale REFERENCES: Memo from Steve L. Henderson Staff Planner to the Planning Director, Board and Commissioners,5/18/E DESCRIPTION AND CONDITIONS: The applicant originally requested that approximately 5 acres presently zoned R-3, Multi -Family Residential and approximately 4.74 acres presently zoned for Agriculture, be rezoned to R -2B, Multi -Family Residential (8 units/acre). This would allow a maximum of 77 units to be developed on the property. The site, located on the south side of State Road 60, approximately 300 feet east of 78th Avenue, is designated MD -1 (up to 8 units/ acre) in the Comprehensive Plan. At the Planning and Zoning Commission meeting, held on May 13, 1982, the applicant ammended the request to R -2D (6 units/acre). The request was unanimously denied. A letter of appeal was received on May 19, 1982. ANALYSIS: North of the subject property, Use Designation is MD -1 (up to R-3,.Multi-Family Residential. imately 660 feet to the north 74th Avenue and 82nd Avenue. South of the subject property (up to 8 units/acre) and the - agricultural (groves). across State Road 60, the Land 8 units/acre) and the zoning is The R-3 zoning extends approx- and south of State Road 60 between the Land Use Designation is MD -1 present zoning and land use is East of the site is a single family residence and groves. Several single family homes and wooded acreage lie immediately west of the site. Greenbriar Subdivision, zoned R-1, Single Family Residential, lies approximately 350 feet to the west. STAFF POSITION: The Comprehensive Plan makes -several statements concerning development, including: -1) "Lower density development outside planned service." within an area designated 1991 and 2000. should take place in areas The subject property lies for service between the years 2) "Proposals for urban development shall compliment existing residential patterns."- Single family subdivisions are located to the west and northwest of the subject.property. Multi -family development is presently non-existent in the immediate area of the site. WK 50 P E 60J JUL 2 11982 87 JUL 211982K 50 P��-r 664 3) "Land Use Designations do not represent entitlements." 4) "The Land Use Plan assigns specific density capacities to various land districts. Each district is given its partic- ular residential density according to the following criteria: a) Historical development patterns. b) Proximity to urban centers. c) Physical characteristics." A portion of the site, as well as, approximately 160 additional acres have been zoned R-3 since 1957, with the adoption of the first zoning map in Indian River County. Despite the zoning, the development trend for the area has been low density, single-family residential. The southern portion of the subject property is zoned for agriculture. There are development pressures for the agricultural lands within the State Road 60 Corridor, however, the trend has thus far been toward low densities. The site lies approximately 3.5 miles from Vero Beach City Limits. 5) Staff recommends denial of this rezoning request. Attorney Steve Henderson came before the Board representing Leonard J. Hatala, and emphasized that they have amended the zoning they are requesting from R -2B to R -2D which allows 6 units instead of 8 on all ten acres. Attorney Henderson pointed out that Mr. Hatala is presently in a position to develop the 5�2- acres fronting on Route 60 with 44 units, but what they are trying to do is come up with a better plan which would permit development of approximately 52 units on the entire 10 acres. Attorney Henderson then rebutted the staff's reasons for denial as follows: 1) In regard to being outside a planned service area, he pointed out the Plan indicates service becomes available in 1991, and he did not believe it is the intent of the Plan to dictate timing of development as much as to anticipate development. 2) In -regard to complimenting existing residential patterns, Attorney Henderson felt a multi family use is not inconsistent with single family when developed at the same density and stressed that the Master Plan does not recognize in any way an inconsistency between single family and multi family uses; it only recognizes differences in densities. 3) In regard to the statement that land use designations do not represent entitlements, Attorney Henderson felt when the Board adopted the Plan they intended that it guide development and that the Commission is, therefore, indicating by the Plan that they will be receptive to plans within that density. He further noted that the minutes of the workshop meetings indicate that higher density development was anticipated in this area, and they do not indicate that mobile home development would be encouraged. Attorney Henderson then questioned the use of the back 4;�- acres for agriculture when the front 5h will be used in residential and pointed out that one of the very significant reasons the County imposed the MD -1 classification is the carrying capacity of Route 60 which is probably the highest in the County. Attorney Henderson commented that his letter to the Planning Department reserved the right to take the position that rezoning is unnecessary under the Ordinance and that an application for site plan could be submitted immediately. He stated that he intended to reserve all rights to raise that issue if necessary. Commissioner Lyons asked if the requested rezoning is consistent with the existing Land Use Plan, and Mr. Ragsdale stated that it is consistent with both the new and old Land Use Plans. Planner Ragsdale stated that at the Planning & Zoning Commission mbeting on the 13th of May, there was a Mption to recommend approval, and that Motion failed by a 2 to 2 vote, which constituted a denial. Mr. Ragsdale read from workshop minutes re MD -1 areas, which stated that these areas are designed for 8 or anything less which is consistent with the area. He emphasized that there are single family subdivisions within that square mile area and stated that .50 PAbE J U L 21 1982 K 89 r- JUL 211982 gag, 1 5� X66 MD -1 was not designed for encouraging of mobile homes, but for containment of mobile homes. He further noted that this is a low priority planned service area. Chairman Scurlock commented that we have not finalized the utility area of the Plan at this point. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by. Commissioner Lyons, the Board unanimously closed the public hearing. Discussion followed on the number of units that would be allowed under R -2D zoning, and Attorney Henderson stated that the zoning would allow 60 units, and they are planning 52. Chairman Scurlock noted that in the process of developing the Comprehensive Land Use Plan, we specifically tried to provide some area that could be used for affordable multi family housing, and because of access to Route 60, it was felt this was a suitable area. The Chairman also raised the possibility that this utility area should be given a higher priority. Although there is single family in this area, he noted that 6 units per acre is somewhat of a transitional zone, and this whole area obviously has been designated for the proposed type development. Discussion continued re priority items in the utility section of the Plan, and Planning Manager Challacombe noted that this policy was drawn up under a different set of professionals and before -many of the site plans which have since come before this Board. He stated that at the C.L.U.P. public hearing, he would recommend that consideration be given to changing these priorities and possibly making the subject area the next priority after the South County utility area. Further discussion ensued as to the need to provide some area where affordable housing can be built with some higher density, and it was generally agreed that the subject property is in an area where we have had considerable discussion about locating higher- densities in conjunction with a major thoroughfare and that we need to follow through on the concept. It was also felt significant that no one is here to speak either for or against the requested rezoning except the applicant. J U L 21 1982 ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unani- mously adopted Ordinance 82-13 granting a rezoning from A and R-3 to R -2D as re- quested by Leonard Hatala. 91 8AA n JUL 211982 Box '5U PF�ut ORDINANCE NO. 82-13 WHEREAS, the Board of County Commissioners of Indian River County; Florida. -did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in.relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian -River County, Florida, and the accompanying Zoning Map be amended as follows: 1. That the Zj)ning Map be changed in order that the following described property situa-�ed in Indian River County, Florida, to -wit: The East 10 aci,es of the West 20.68 acres of Tract 10, Section 1, Township 33 South, Range 38 East, Indian River County, Florida, according to the last general plat of lands of the Indian River Farms Company. Be charged from A -Agricultural District and R-3 Multiple Dwelling District to R -2D Multi -Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect July 27, 1982. PUBLIC HEARING - REZONING FROM A TO R-lA - LOWENSTEIN The hour of 1:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: r VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of � !o� Fi l X117 au ..i, i in the lished in said newspaper in the issues o� o Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before rge this z ,rte qday ofZ;2t-t-"4� A. D. (SEAL) a �1 Business Manager) (Clerk of the Circuit Coukt;'Indian River County, Florida) 'JUL 21 1982 Staff recommendation is as follows: 93 NOTICE NOTICE.IS HEREBY GIVEN thatthe Board Of County Commissioners of Indian River County, Florida, is reviewing the feasibility of making the following changes and additions to the Zoning Ordinance of Indian River County, Florida, are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated on the south side of State Road 60, east of 71st Avenue, in Indian River County, Florida, to. wit: The West 10 acres of the East 20 acres of Tract 11, Section 6, Township 33 South, Range 39 East, according to plat filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida. Be changed from A -Agricultural District to R -IA, Single -Family Residential. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners of Indian River County, Florida, in the County Com- mission Chambers of the County Ad- ministration Building located at 1840 25th Street, Vero Beach, Florida; on Wednesday, July 21, 1982, at 1:30 p.m. If any person decides to appeal any decision I made on the above matter, he will need a record of the proceedings, -and for such pur- poses, he may need to ensure that a verbatim proceedings As made, which includes testimony and record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: -s-Don C. Scurlock, Jr., Chairman June 28, July 14,1982. sooK 50 PAtGF 669 J U L 211982 0K50 �� 1 TO: The Honorable Board DATE: June 17, 1982 FILE: of County Commissioners IRC-82-ZC-7,#458 THROUGH: C.B.in,Jr.,Ph.D. SUBJECT: JULIAN W. LOWENSTEIN'S REQUEST Acting County Administrator TO REZONE 10 ACRES FROM AGRI- CULTURE TO R-lA, SINGLE FAMILY RESIDENTIAL 4.3 UNITS/ACRE FROM: Dennis Ragsdale REFERENCES: Staff Planner DESCRIPTION AND CONDITIONS: The applicant is requesting that approximately 10 acres presently zoned for Agriculture be rezoned to R-lA, Single Family Residential (4.3 units/acre). On May 27, 1982, the Planning and Zoning Commission unanimously recommended that the Board of County Commissioners approve the rezoning re- quest. The site, located on the south side of State Road 60, one block -east of 71st Avenue, is designated LD -2 -(up to six units/acre) in the Comprehensive Plan. ANALYSIS: Village Green, Unit #3, is located to the north, across State Road 60. The property to the south of the site is zoned agriculturally and the present use is groves. Breezywood Park and Sunny Dale Acres Subdivisions, zoned R-1, Single Family Residential (6.2 units/acre), are located to the southwest. Agriculturally zoned property, occupied by groves, lies to the east. Immediately west of the site is Little Portion Subdivision, which is zoned R-1, Single Family Residential (6.2 units/ acre) . STAFF POSITION: 1) The request for low density zoning complies with maximum density of 6 units/acre outlined in the Comprehensive Plan. The rezoning request conforms to development policies stated in the Comprehensive Plan such as "lower density development should take place in areas outside planned service;" and, "Proposals for urban development shall compliment existing residential patterns." RECOMMENDATION: Staff Recommends approval of the request to rezone the 10 acre site from Agricultural to R-lA, Single Family Residen- tial (4.3 units/acre). The applicant, Mr. Lowenstein, came before the Board and stated that he proposed to develop this property, which is to be made up of approximately ten 1/2 acre lots, and landscape it in a manner that will enhance the rest of'the property in the area. It was noted that the only concern expressed by people in the area has been in relation to the traffic this might generate, and Commissioner Lyons asked if Mr. Lowenstein planned to come in on 71st Avenue. Mr. Lowenstein replied that he had not felt it wise to spend a lot of money on engineering before the zoning was approved. Planner Dennis Ragsdale read into the record the following letter from Mr. & Mrs. Chester Schmalz: Board of County Commissioners 15 July 1982 i840) �: jth Street Irarc Beach, FL 32960 Gentlemen: We wish this letter to become part of the record in the forthcoming hearing on July 21, 1982, in relation to Mr. Julian Lowengtein's request to rezone the following described property from A--Agricultural-District to R -1A, Single Family ReEiidential: The West 10 Acres of the East 20 acres of Tract 11, Section 6, Township 33 South, Range 39 Last, according to plat filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida. We, to undersigned adjacent property owners to the above described land are opposed tc the requested zoning change if the intended future development of this subject land relies upon the use of 71st ;venue and the sole use of the eastern drainage ditch of Little Portion sub -division as t.' -.e means of transportation right-of-way and area drainage. We are not opposed to the requested zoning change if the record of the July 21, 1982, hearing will contain a state- ment by you gentlemen requiring mandatory development of a separate Avenue (street) from State Road 60 to this subject 10 acre property. Yours truly, Chester E. Schmalz Virginia F. Schmalz l$66 71st Avenue 1866 list Avenue �® r �j Vero Beach, FL Vero Beach, FL RofiK phut JUL 21 1982 nr J U L 211982 50 PR c 67,1? Mr. Ragsdale commented that this area is not served by public water and sewer,and it, therefore, will require 1/2 acre lots. There are wooded and agricultural lands to the east and residential single family in the area. The - rezoning request complies with the Comprehensive Land Use Plan, and staff recommends approval. Mr. Ragsdale pointed out that drainage, access, etc., are all covered in the Subdivision Ordinance requirements. Commissioner Lyons noted that if this land is. subdivided now, the density perforce will be much lower than it could be if it were subdivided when we do have public sewer and water. The Chairman asked if anyone present wished to be heard. Marie Renkel, 71st Avenue, wished to know if residents can be notified when the proposed subdivision goes before the Subdivision Review Committee so they can be part of the planning to be sure there is a main access other than 71st Avenue. In discussion it was noted that the standard procedure does not call for neighbors to be notified, but it can be arranged. The chairman suggested that Mrs. Renkel give her name and telephone number to Mr. Ragsdale so that she can be notified and advise her neighbors when this site plan is being considered. Chester Schmalz of 71st Avenue expressed great concern about what entryway Mr. Lowenstein will use to his property, and Michael O'Grady, also of 71st Avenue, felt if 19th St. were to be used as the entrance, undoubtedly the first thing to go would be the little park, which they all enjoy. He emphasized there currently are about 12 homes, many having small children, and there are no sidewalks. He encouraged the Commission to use judgment about providing access. Chairman Scurlock reminded those present that the hearing today has nothing to do with the site plan; that comes later in the process. During site plan review, the County Engineer takes traffic and ingress and egress into consideration. Ann Robinson of Nassau Drive felt when the Board has presentations such as this, it would be very helpful if it were made clear whether the present Agricultural zoning is in agricultural use. It was noted that while there currently are some groves on the property, they are pretty thin and are about 45-50 years old. Mrs. Robinson wished to know if this property has an agricultural exemption for tax purposes. Commissioner Lyons pointed out that to qualify for such an exemption, it would have to be a bona fide agricultural use. Mrs. Robinson's concern was in relation to property being rezoned from Agricultural and still qualifying for an agricultural exemption. She felt the Board should put agricultural zoning on all property used for agriculture. After considerable discussion as to whether the agricultural exemption is determined by use or zoning, the Chairman instructed the Board Secretary to write the Property Appraiser for an answer on this question. William Koolage asked if the Board notifies the Property Appraiser of changes in zoning, and was told they do not. The Board agreed to include a suggestion in regard to coordination with the zoning process in the letter to Property Appraiser Nolte. Frank Rodell, resident of the area, also expressed concern about their park if Mr. Lowenstein is allowed to use 18th Street. He felt when Mr. Lowenstein develops his J U L 21 1992 97 Box 50 PAGE 073 J U L 211982 �Q�� 50 PAUc 674 property, he should be required to put a road in the center of it for ingress and egress. Chairman Scurlock explained that will be addressed in the site plan process, and the Board has agreed that the - neighbors will be notified when this process is under way. Ll ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously closed the public hearing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 82-14 granting the rezoning `from A to R-lA as requested by Mr. Lowenstein. ORD2NIANCE NO.—' � ' 82-14 TVMM S, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which pal -ties in interest and citizens were heard; NOW, ia1- 21 • BE IT ORI)A= by the Board of County Commissioners of Indian Piver County, Florida, that; the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: That the Zoning Map.be changed in order that the following described property situated in Indian Fiver County, Florida, to -wit: The West 10 acres of the East 20 acres of Tract 11, Section 6, Township 33 South, Range 39 East, according to plat filed. in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida. Be changed from A -Agricultural District to P. -]A, Single Family Resident:�al. All with the meaning and intent and as set forth and described Li said Zoning Regulations. This Ord;jnance shall take effect July 27, 1982. RECONSIDERATION OF BOARD ACTION ON GEORGE CHILDERS' APPEAL OF RECOMMENDATION OF REZONING DENIAL Letter from Attorney Block representing Mr. Childers is as follows: JUL 21 1982 Box 50 PAVE P JUL 21198' 50 SAMUEL A. BLOCK L 2140 10TH AVENUE VERO BEACH, FLORIDA 32960 Y/ SAMUEL A. BLOCK TELEPHONE PATRICIA BOWER BLOCK (305) 562-1600 ,MARGARET MANN BLANTON' June 28, 1982 Mr. Doug Scurlock, Chairman Board of County Comrpissioners 1840 25th Street Vero Beach, Florida 32960 Re: George Childers' Request to rezone from R-3 to R -2B File No. IRC-82-ZC-6 #45,8 Dear Mr. Scurlock: This office has been retained by Mr. Childers to contact the County for a reconsideration of the decision made by the County Commissioners to not reschedule or continue the public hearing of June 16, 1982. He would further request that the Commission reconsider its decision of not approving the appeal of the decision from the Parks, Planning and Zoning Commission to deny the requested zoning. The vote by the County Commissioners in denying the rescheduling of or con- tinuing the public hearing, and -the denying of the appeal; was 2 for and 2 against. Prior to she public hearing and at the time Mr. Childers became aware that one of the commissioners would be out of town, and not available to attend the Commission meeting at which the public hearing was held, he requested the rescheduling of the public hearing so that what did happen, i.e., a tie vote, could not be a possibility and that he would have the opportunity to have all elected commissioners hear the imput from the county residents, including himself, and then make a decision in an affirmative way rather than a tie vote. My client has agreed in his prior letters, which are on record with the County, to pay for all additional costs, including publication costs, if the public hearing had been rescheduled. Since the County Corimissioners are acting as an Appeals Board, it is our opinion that it is a quasi-judicial'proceedings; therefore, we would respectfully submit that this request for a rehearing is appropriate and deserves consideration by each member of the County Comnission. Very truly yours, Samuel A. Block Some discussion followed as to Mr. Childers filing of a lawsuit against the County. Attorney Brandenburg informed the Board that Mr. Childers had asked that this matter be scheduled at a time when a full Board would be present. It 0 was so scheduled; however, Commissioner Fletcher is not present this afternoon, and neither is Attorney Block, who represents Mr. Childers. Chairman Scurlock reported that Commissioner Fletcher, before leaving due to illness, had indicated to him that he had no opposition to having a public hearing on reconsideration of this matter. Chairman Scurlock informed the Board that before the last hearing he informed Mr. Childers that he was going to be out of town and suggested that he approach the Board for consideration of having a full Board present. Discussion ensued as to how to deal with Mr. Childers' request for reconsideration. Dorothy Friberg of 2146 79th Avenue stated that her attorney informed her that with a suit pending against the County, there should be no hearing. Attorney Brandenburg noted that was merely that attorney's personal opinion, and there is no requirement one way or the other. Mrs. Friberg wished to know why she was not notified of this hearing, and it was explained that this is not a public hearing; if the Commission should decide to grant Mr. Childers another hearing, the public will be duly notified of that hearing. Commissioner Bird stated that his position on this matter last time was that the petitioner would have the right to have his rezoning request heard by a full Commission, and he still stood by his previous position. JUL 211982 ON MOTION MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, Commissioner Fletcher being absent and Commissioner Lyons voting in 101 �a�K 50 PA F 677 Jnr -. J U L 2.11982 50 %- 6-j8 opposition, the Board by a 3 to 1 vote,, autho- rized staff to schedule a public hearing for a rehearing of the Childers' rezoning request. Attorney Brandenburg commented that staff is in the process of rewriting the Zoning Code, and he would suggest, in order to clarify this issue in the future, a provision be included that any time there is a tie vote, it automatically would be placed on the next agenda for further consideration until there is something other than a tie vote. The Board had no objection, and Chairman Scurlock stated that he had a problem with a 2-2 denial and believed an applicant should have an opportunity to be heard by a full Commission. TRANSPORTATION FOR DISADVANTAGED PROGRAM Staff memo and recommendations are as follows: TO: The Honorable Board of DATE: July 12, 1982 FILE: County Commissioners Transportation Disadvantaged THROUGH: C. B. Har�r. . , Az .DSUBJ ECT: TRANSPORTATION FOR THE Acting County Administrator DISADVANTAGED PROGRAM Transportation Disadvantaged Coordination.Summary - FROM: Patrick Bruce King pro REFERENCES: Coordinated Transportation Community Development Development Plan Director 1 The data herein presented is for informational purposes. DESCRIPTION AND CONDITIONS: In 1979, the Florida State Legislature enacted Chapter 427 Transportation Services. The intent of this legislation is to foster the coordination of specialized transportation services for the "transportation disadvantaged". The statue defines transportation disadvantaged as: "...individuals who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life-sustaining activities." =2 Section 427.012 provides for the formation of a statewide Coordinating Council on the Transportation Disadvantaged. The primary duties of the Coordinating Council are to develop policies/procedures for coordination of funding and grants, compile data on transportation needs, provide information, and approve the appointment of Transportation Providers. The objectives of Chapter 427 are implemented at the local level by a Local Planning Organization (LPO). This LPO has three major functions; drafting of a Transportation Development Plan, a Transportation Improvement Program (TIP) and the appointment of a Transportation Provider. Attachment 1 gives an overview of the organization and a summary of respon- sibilities under Florida Statues and includes Chapter 427. On October 22, 1980, the Board of County Commissioners accepted responsibility for the Transportation for the Disadvantaged Program and became the Local Planning Organization (LPO). At the September 30, 1981, meeting, the Board authorized a Joint Participation Agreement with the Florida Department of Trans- =:. portation (FDOT) to provide a Transportation Development Plan -as required in Section 427.015 (1). Ki.mley-Horn and Associates was retained to develop that study. On May 19, 1982, the Board of County Commissioners reviewed the preliminary section, Inventory, Analysis and Alternatives and instructed Kimley- Horn and Associates to complete the study including a five- year development plan which specified implementation steps in the transportation program. In addition, the Board requested Commissioner Dick Bird to investigate and monitor the program's progress. Commissioner Bird held -two subsequent workshops on June 8th and July 8, 1982. Those attending included the social services agencies which will participate in the program, a representative from Florida Department of Transportation, and Community Development staff. Discussions centered on the program's possible impacts and the agency transportation needs. On June 15, 1982, Kimley-Horn and Associates submitted the draft of Coordinated Transportation Development Plan. Copies were distributed to the social service agencies who would be coordinating their transportation services. Copies of this draft are included as Attachment 2. - ALTERNATIVES AND ANALYSIS: The Board of County Commissioners acting as the Local Planning Organization (LPO) has the following remaining tasks: 1) Review and adoption of the five-year Transportation Development Plan (TDP) which includes a Transporta- tion Improvement Program (TIP). - 2) Annual updates of this Plan. 3) Designation of a Transportation Provider. The Transportation Provider is a governmental entity, a non- profit agency or a for-profit company which serves the trans- portation disadvantaged population in a community and which, to the fullest extent possible, reduces the fragmentation and duplication of service provision among all the state or federally funded agencies that provide services to transporta- tion disadvantaged individuals. J U L 211982 103 ROM '50 PAGE 6' JUL 21 1982 The Transportation while fullfilling discussions at the were developed. ALTERNATIVE 1: a ?FuC 680 Provider may act in a number of capacities the provision of Chapter 427, Rule 41. After July 8, 1982, workshop, two (2) alternatives The Commission appoints the Council on Aging as the Transpor- '--tation Provider. At the July 8, 1982, workshop, the Executive Director for the Council on Aging indicated that if the Council were to act as the Provider, they would need to hire one additional employee. It is probable the Council on Aging will request financial assistance of $12,000 to $15,000 from the County in order to ini-tiate activities of the Transporta- tion Provider. A possible 10% to 16% reduction of the County's contribution may be anticipated in the second year of the program. This reduction would be based on savings from the coordinating efforts of the program. Because of the manner in which the Council on Aging receives its funding, they are unable to absorb the initial cost of beginning this program. ALTERNATIVE 2: The Commission designates itself as the Provider. This alter- native would require either an additional employee responsible to the''Couhty Administration, or allocation of tim&;from the existing staff. The County has administrative experience and resources, however, the assumption of departmental or County responsibility will still require hiring additional staff. Both alternatives are dependant on funding from the County Commission. Because of the method by which the participating social service agencies receive their funding, they are unable to absorb the "front-end" cost of the coordination and admin- istrative activities of the Program. The social service agencies are funded primarily through State and Federal grants. The funding is for the year following the application. In addition, each of these grant applications has a set percentage of cost for transportation and administrative activities. Therefore, the agencies cannot adjust .their funding for this fiscal year. RECOMMENDATION: In order to meet its contractual obligation as the Local Plan- ning Organization (LPO) and to fulfill the requirement of Chapter 427, staff recommends the following actions: 1) An additional workshop to include Commissioner Bird, a representative from the Florida Department of Trans- portation and those agencies involved in the Trans- portation for the Disadvantaged Program be scheduled for July 27, 1982. At that time, a more detailed proposal and recommendation for designation of a Transportation Provider will be drafted. 2) The Board of County Commissioners approve the Coordin- ated.Transportation Development Plan and appoint a Transportation Provider at a regular Commission meeting on August 4, 1982. - =4 Commissioner Bird reported on the meetings of the Transportation Disadvantaged Committee he had attended at the request of the Board. He stated his first objective was to determine if we really have to get into this program, and his personal opinion is that we do for several reasons, i.e., because coordination of the funds could result in better transportation for the disadvantaged; if we do not do it, we will be jeopardizing the transportation funds the agencies are presently receiving for this service; and also, this is a legislative act which we are sworn to uphold. Commissioner Bird continued that he tried every way possible to come up with a workable plan other than dipping into the County's pocket, but they have not been able to find a suitable means the first year other than the County fronting the money. The next step that needs to be complied with is to name a Provider, and we have two options - (1) for the County to name itself, hire an individual to run the program, provide them with office space, telephone, etc. One thing in favor of this is that it would set this person up as a complete separate entity from the other agencies and have him under our direct control, but that is the most expensive alternative. (2) would be to have one of the major agencies, which have shown an interest, as the Provider. Although this has not been definitely decided by the Board of the Council on Aging, they have shown interest in being the Provider. This agency, using their office facilities and some of their basic resources would hire an individual who would by a full time employee to supervise and set up the Transportation for the Disadvantaged in this County. Jamie Cochran of the D.O.T. would train and assist this person in setting up the program. There has been an indication from the Council on Aging that a budget of $15,000 would be necessary the first year. This would include a salary of approximately $12,000 pE:aoa 50 Pdvc 081 JUL 211982 105 J U L 211982 50 PA-bE 68 and other related costs, such as office furniture and equipment, etc. Commissioner Bird expressed the hope that we can today reach a decision as to who will be the Provider. Planner Janis Johnson believed that Commissioner Bird has about covered everything that has to be said and the memo gives the legislative history. The completed plan done by Kimley-Horn will be formally presented to the Board on August 4th. Ms. Johnson reported that the workshops have been long, but productive and staff feels that the second alternative would be the most effective, i.e., to name the Council on Aging as Provider and provide them with some funding. They have a lot of experience in this area; they have phone lines; and the person would be there and administratively responsible to them. Ms. Johnson emphasized that one reason it is critical that some money be provided up front is that all these agencies are funded through grants which are already budgeted for a year ahead. She felt it will take some time for this program to show dollar savings, but believed that it will be a good program over the long haul. Discussion ensued on the possibility of the agencies, which are presently providing this transportation, pooling some of the funds they have in their budgets for administration with the Council on Aging so that the County does not have to front the money. Ms. Johnson and Community Development Director King explained that these agencies' grants are limited as to what they can spend on administration of their programs, and they did not feel sufficient funds could be obtained in this way. Mr. King informed the Board that their funding is set up so they are reimbursed on a unit cost basis, and they will not have funds to carry the administration until some savings are derived. That is why they need the money the first - =6 year. Hopefully, the second year there would be a small decrease in the amount of money provided by the County, with a more substantial decrease in the third year and the possi- bility of eliminating this entirely in the fourth year. Commissioner Lyons commented that he had received the impression that the anticipated savings of this program were less than the cost of administration, and this gives him great difficulty in justifying the need for the program. Ms. Jamie Cochran of the D.O.T. explained that the main problem related to getting this program going is start-up funds. The way the agency is set up now, they have to provide the service before any money starts coming in. She could not give a definite dollar figure on how much will be saved the first year, but felt there are some economies to be realized in this County on transportation. Mr. King noted that without designation of a Provider, these agencies, such as the Council on Aging, will not get grants, and this already has happened in Martin County. Ms. Cochran confirmed that since Martin County has not shown any interest in coordination of these services, the Department of HRS could not in good conscience approve an application for replacement vehicles. Commissioner Wodtke stated that he understands what the D.O.T. is trying to do, but he had a tremendous problem in budgeting an additional $15,000 to coordinate transportation in the area without some indication that there will be substantial benefits derived in the future. Mr. King suggested stating our agreement in such a way that it would be proportional to the savings derived. He felt the whole intent of the program is to produce savings and not just put another level of heirarchy in the State system. He further believed if the program cannot generate savings to pay for administration, then obviously it is a bad program and should be abolished. L_ J U L 21 1982 107 a;.) P s 0 P��r 071i J U L 211982�QK 50 r 684 Discussion continued re the projection that it will take four years to show savings and as to the actual mechanisms of the program and who has control. Ms. Cochran stated that the job of the Coordinator - Provider is to.make sure the transportation is provided in the most cost effective way possible. They cannot charge either more or less than a specified rate. The administrative costs are recouped by passing the expenses of administration along to the agencies, but they must get started up first. Lengthy discussion continued, and Ms. Cochran noted that those required to coordinate are only those agencies which receive state or federal funds. Commissioner Wodtke felt this type of program should come about if and when the County sees a need for it, and then the administration cost should be addressed. He did not want to put up $15,000 of the taxpayer's money and get it locked into a situation over which we have no control. Arlene Fletcher of the Council on Aging understood the Board's concern about start-up money, but emphasized that the lack of interest shown by Martin County immediately resulted in the areawide agency losing out on a grant for two new vehicles at a cost of $35,000-$40,000. Mrs. Fletcher noted that if Indian River County doesn't go along with the Transportation Disadvantaged Program, our local Council on Aging also may lose $23,000 in grant funds with which they hope to buy a new van. Ms. Fletcher informed the Board that one way they were hoping to make this program cost effective would be by being allowed to tie in with the County gas system and possibly obtain reduced rates on insurance and maintenance. She felt in years to come they would be able to include this administrative cost in their budget and recoup it from the federal government so that they could either return it to the County or ask for less in - =8 the following years. Ms. Fletcher felt it is necessary to start up this program at the present time, and if we wait, she doubted the cost for start-up would get any less. Discussion continued as to the Board's problems with providing funds for start up this year. Alison DeGenero stated that our community is rich in compassion and love, and he believed that the Miracle Transporation system, (Neighbors Helping Neighbors), can do the job for nothing. Mr. DeGenero claimed that no one is ever refused a ride and dared anyone to provide a name of someone who has been refused by Neighbors Helping Neighbors. Ms. Fletcher stated that she has numerous names, but cannot release them because of their confidentiality rule. Planner Janis Johnson indicated that she also had some names. Mr. DeGenero stated that if anyone was refused, it was because they had means of their own. He resented the implications made and stated that the Council on Aging, whom he referred to as "poverty pimps, can't refuse anyone simply because they need the unit cost. The Board continued to discuss a possible answer to the problem at hand, and Commissioner Lyons felt there actually is no good answer. He believed it would hand Neighbors Helping Neighbors quite a problem if they suddenly had to cope with all those now serviced by the American Cancer Society, the American Red Cross, the Arthritis Foundation, the Blind Services, the Economic Opportunities Council, the Florida Baptist Retirement Center, Mental Health, the School Board, Council on Aging, Tri County Rehabilitation, Vocational Training & Sheltered Workshop, etc. In further discussion, it was determined that the combined budget of all those agencies for transportation alone amounts to $300,000 yearly, and it was questioned whether between all those agencies there is not enough money JUL 211982 109 J U L 211982 0©c to put into transportation administration so,they can keep getting grants, especially since the Commission is having a very difficult time trying to work out an affordable budget for the County. Mr. King did not feel there is a mandate that we have to have a decision on this today and suggested that at the next committee workshop session the question be proposed as to whether these agencies can cooperatively generate the start-up money needed. Commissioner Bird noted that while there are many agencies, only about seven of them receive Transportation Disadvantaged money. Ms. Fletcher stated that actually there are six, and they ake the Indian River Mental Health Center, the Indian River Board of Special Education, the Indian River Council on Aging, Tri County Rehabilitation, the Vocational Training and Sheltered Workshop, and the Economic Opportunities Council. Planner Johnson confirmed that this program was set up only for agencies that receive state and federal funds, and the others, such as the Baptist Retirement Center, for instance, would continue on as before. She felt, however, if all this service stopped, we are jeopardizing a lot of people. Chairman Scurlock felt others would expand their services if the needs were there. Commissioner Lyons stated that he personally would not vote for adding this money to our budget for this purpose for the next year. He would be willing, however, to indicate to the DOT and the federal government that we would be very glad to designate an organization to be the coordinator and that they should provide the money and the plans. "L 0 Commissioner Bird noted that his idea from the beginning had been to prorate the cost to the agencies involved, but he did not get to first base with that idea. Mr. Ding believed the committee should be made aware of today's discussion, and it should be indicated to them that either those six agencies.generate the start-up money or there will not be a coordinator in this county. Commissioner Bird felt it is imperative that members of all six agencies be present at the committee meeting, and Planner Johnson stated that she would write them accordingly. The several bills and accounts against the County having been audited were examined and found to be correct were approved and warrants issued in settlement of same as follows: Treasury Fund Nos. 80993 - 81343 inclusive. Such bills and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 4:30 o'clock P.M. Attest: - 'SkJA. Clerk J U L 21 1992 � s 111 Chairman 50 �;OU 68 7