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Home My WebLink About9/15/1982Wednesday, September 15, 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, September 15, 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 Michael J. Wright, County Administrator;'Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; Neal Bird, Bailiff; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Delmas Copeland, First United Methodist Church, gave the invocation, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA The Chairman asked if there were any additions to the Agenda. Attorney Brandenburg requested that an item be added regarding a.right of way certification for the South County water plant, which is necessary in order to be able to close on the bonds on September 30th. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously ap- proved the addition of the emergency item requested by the Attorney as Item 11-C. 'iAttorney Brandenburg wished to add a further item re an anticipation note for $300,000 to pay a construction draw on SEP 15 1982 ' 51 SEP 15 1982 Doc 51 5 the South County water plant as the grant funds may not be j* available for a few weeks later than anticipated. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously ap- proved the addition of the second emergency item requested by Attorney Brandenburg as Item 11-D. Administrator Wright wished to add an item regarding adoption of the current Southern Standard Building Codes as requested by Building Director Rymer. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously approved the addition of the emergency item requested by the Administrator as Item 12-R. Administrator Wright informed the Board that he would like to hold Item 9-A re Procedures for Hospital Care for Resident Indigents over until the next meeting. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously agreed to delete Item 9-A from today's agenda. Public Works Director James Davis wished to add an emergency item in regard to a Change Order for the Indian River County Jail. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board -unanimously 2 approved the addition of the emergency item requested by Mr. Davis as Item 8-C. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of Aug- ust 4, 1982. Commissioner Lyons asked that on Page 51, paragraph 4, "Davis" Nolte be corrected to read "David" Nolte. THIS CORRECTION HAVING BEEN MADE, ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of August 4, 1982, as written. CLERK TO BOARD A —Approval of Budget Amendments due to over -budget of accounts MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to accept the recommendation of the Finance Director and approve the budget amend- ment necessary due to over -budget of accounts, as follows: 3 SEP 15, 1982 . 1 PA -U` 260 SEP 151982 -- FROM: Jeffrey K. Barton p REFERENCES: S Finance Director 61!}1 51 Pn't 21, 1 1�" The following Budget amendments are necessary.due to the over budget of accounts: Account Title Account Number Increase Decrease Garbage & Solid Waste 004-209-534-34.33 5,000, Mai ,nt-Heavy Equipment 004-209-534-34.65 1,956. Fuel & Lubricants 004-209-534-35.21 10,000. B.C.C. Contingencies 004-199-513-99.91 16,956. Medicine & Med. Supplies 001-211-564-35.27 500, Food C -Dietary 001-211-564-35.28 500. -Other Professional Services 001-211-564-33.19 500. B.C.C,:Contingencies 001-199.-513-99.91 1,500. Equipment 004-209-534-66.49 23,b25-, B.C.C. Contingencies 004-199-513-99..91 23?625. Regular Salaries 004-242-519-11,12 27,000, Overtime 004-242-519-11.14' 3,000., Social Security Matching 004-242-519-12..11.2,000. Retirement Contribution 004-242-519-12.12 3,000, B.C.C. Contingencies 004-199-513-99.91 35,000. Regular Salaries 108-222-564-11,12 1,360. Miscellaneous Servi-ces 108-000-349-09.00 1,360. insurance -Life & Health 108-222-564-12.13 1,466. Regular Salaries 108-222-564-11.12 1,350. - Social Security Matching 108-222-564-12.11 180. Retirement Contribution 108-222-564-12.12 290. Fund Transfers In 108-000-381•.-20.00 3,286. B.C.C. Contingencies 001-199-513-99.91 3,286• Fund Transfers Out 001-199-581-99.21 3,286. B.C.C. Contingencies 108-222-564-99.91 412. Other Contractual Services 108-225-569-33.49 16,102. Fund Transfers In 108-000-381-20.00 16,514. Fund Transfers Out 001-199-581-99.21. 16,514. B.C.0 Contingencies - 001-199-513-99.91 1.6,514. Commissioner Fletcher noted that we have had a similar budget amendment before and asked if this is normal procedure at the end of the fiscal year. Mr. Barton confirmed that it is a clean-up operation and normal procedure. The $23,265 increase for equipment was questioned, and Mr. Barton explained this was the transfer authorized to purchase the road striping equipment and to get in business for signal maintenance. It was further explained that an aerial lift truck would be purchased with money meant for signal maintenance and this will be.a line transfer. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 4 w� B - Valuation Requirement for Fixed Asset Accounts MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, to approve a valuation requirement of $200 or more for inclusion in the Fixed Asset Group of Accounts and inventory purposes, as per the following recommendation of the Finance Director: Sept. 8, 1982 To: Board of County Commissioners From: Jeffrey K. Barton Subject: Tangible Personal Property Fixed Asset Group of Accounts It is presently the policy of Indian River County to inventory and record in the Fixed Asset Group of Accounts all tangible personal property valued at $100 or more pursuant to Section 274,02, Florida Statues. Senate Bill 682, passed in the 1982 Legislative session, amends Section 274,02, Florida 'Statues, to read $200 instead of $100. The Finance Department recommends that the Board of County Commissioners adopts the valuation requirement of $2.00 or more for inclusion in the Fixed Asset Group of Accounts and inventory purposes and to adjust the records of Indian River County accordingly. Commissioner Fletcher wished an explanation, and Finance Director Barton informed him that under the old rules, we had to keep track of any merchandise in all departments with a value of $100 or more, and these items had to be tagged and inventoried every year. Senate Bill 682 said that was too small an amount to keep track of and upped the limit to $200. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposi— j tion. SEP15 1992 L- - - 5 s . 51 Pmt, 262 CONSENT AGENDA saom . 51 F-Aat 963 A- Authorization to Advertise hearing re Preliminary Assess- ment Rolls for paving portion of 14th and 16th Avenues The Board considered the following memo from the Public Works Director: TO: The Honorable Members of the DATE: August 26, 1982 FILE: Board of County Commissioners THRJ; Michael Wright, County Administrator FROM: James W. Davis, Public Works Director DESCRIPTION AND. CONDITIONS SUBJECT: Request to Advertise for a Public Hearing to Consider Resolutions and Preliminary Assessment Rolls for the Paving of 1) 14th Avenue between 4th Street and 2nd Street. 2) 16th Avenue between 4th'Street and REFERENC&.' Street. Valid petitions have been received for the paving.and drainage.improvements to the above subject streets. The areas have been surveyed and the design of paving and drainage improvements has begun. RECONINMATIONS AND FUNDING It is requested that authorization be given to schedule public hearings for October 20, 1982 to consider the resolutions and preliminary assessment rolls for the paving of 1) 14th Avenue between 4th Street and 2nd Street and 2) 16th Avenue between 4th Street and 2nd Street and to properly advertise in the local newspaper. There are no funding considerations to be addressed at this time. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the request for advertising hearings as set out in the above memo of the Public Works Director. B- Preliminary Plat Approval, Dale's Landing The Board reviewed the following memo from the Planning staff: 6 TO: The Honorable Members DATE: September 3, 1982 FILE: of the Board of County Commissioners THROUGH: Michael Wright County Administrator SUBJECT: DEPARTMENT HEAD CONCURRENCE: Patrick Bruce King, AICP FROM: Janis Johnson Staff Planner REQUEST FOR PRELIMINARY LANDING REFERENCES: IRC -82 -SD -02,#236 APPROVAL OF PLAT OF DALE'S It is requested that the data herein be given formal. consid- eration. DESCRIPTION AND CONDITIONS: The applicant requests approval of a preliminary plat for a 4.8 acre, 7 lot subdivision located between U.S. #1 and the Indian River south of Floravon Shores and directly adjacent to the northern boundary of Reflections on the River .The proposed subdivision is located directly south of the FDOT drainage ditch. The subject property is zoned R-lAA, Single Family District (maximum density of 2.6 units/acre) and is in an LD -2, Low Density (maximum density of 6 units/acre) land use catagory. The site has no areas designated as Environmentally Sensitive under the Comprehensive Plan, nor any area protected by the Department of Environmental Regulation (DER). There is, however, a + 20 foot wide strip of wet, marsh -like land running along the eastern boundary of the subdivision on the Indian River. Although not required, the applicant has designed the drainage system to protect this strip. The subdivision will retain on site drainage and will not direct stormwater run-off to the FDOT drainage ditch, nor to the Environmentally Sensitive area in Reflections on the River. A sodded berm with 5:1 ratio and a 12 foot retention area at the western side of the base, will be constructed as part: of the drainage improvements The applicant has agreed to dedicate an additional 40 feet Right -of -Way along U.S. #1. The internal road and drainage easements will also be dedicated to the County. There is a 20 foot easement which provides access for Lot #5. There is a 5 foot wide private access easement to the Indian River provided on the north side of Lot #1. All lots:in the sub- division will be granted use of this easement. The subdivision is in compliance with the Subdivision Regula- tions, Zoning Ordinance, Comprehensive Plan, and T.R.C. recommendations. RECOMMENDATIONS: Staff recommends approval subject to the following conditions; 1. A note shall be placed on the final plat stating the sub- division is within the 100 Year Flood ?lain and the swales l will probably be inundated during extremely wet periods. 2. Appropriate traffic control and street signs will be a part of the final improvements. 7 S E P 15 1982 x. 1 P 11264 EP 15 1982 Sao ; 5 w-2 5 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously granted preliminary plat approval to Dale's Landing with conditions as recommended by Planning staff. PROCLAMATION re 911 DAY Commissioner Lyons read aloud a Proclamation declaring October 1, 1982 as Indian River County 911 day. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously approved said Proclamation and authorized the signature of all members of the Board. 8 PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DECLARING OCTOBER 1, 1982, AS INDIAN RIVER COUNTY 91.1 DAY WHEREAS, it has been determined that countless lives are lost annually throughout this nation due to inadequate public safety communication systems; and WHEREAS, this problem has been recognized by the Pilot Club of Indian River, Vero Beach; and WHEREAS, the Board of County Commissioners being concerned for the lives and property of the citizens of Indian River County, acknowledged the need for advanced public safety communications equipment;, and WHEREAS, with the cooperation of the Pilot Club of Indian River, Vero Beach and Southern Bell Telephone Company, Indian River County has implemented the Enhanced 911 Communications System. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in regular session this 15th day of September, 1982,�that Friday, October 1, 1982 is INDIAN RIVER COUNTY 911 DAY and asks the citizens and municipalities of Indian River County, Florida to take note of the heralding of this historic day in Public Safety Communications. BE IT FURTHER RESOLVED that a copy of this Proclamation duly backed, sealed and signed by the members of this Board, be presented to the Pilot Club of Indian River, Vero Beach., on the 15th day of September, 1982. i A. ATTEST: Clerk of the Cir t Court APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ga Brandenburg nt Attorney I L SEP 15 1982 P] Scurlock, Jr., 0airman vice ssioner Pqtr�cVB. Lyons ssioner Willi7o� q tke�Jr. /i ss g4a - - 51 ?A -t; -t 26 r SEP 151982 51 FAUC 26 7 REQUEST PARTIAL PAYMENT COUNTY JAIL AIR CONDITIONING Public Works Director Davis reviewed the following memo: TO: The Honorable Members of the DATE: September 8, 1982 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Request for Partial Payment - Indian River County Jail Air Conditioning *C_ _- FROM: James W. Davis, P.E. , : REFERENCES: 1) Invoice from Colkitt Sheet Metal Public Works Director and Air Conditioning, Inc. dated 9-8-82 along with Partial Pay Request Form DESCRIPTION AND CONDITIONS The County entered into a contract with Colkitt Sheet Metal and Air Conditioning, Inc. in the amount of $25,101 on July 12, 1982 for air conditioning the County Jail. The con- tract time was 30 days. The Contractor has installed six of seven units and the remaining unit is being installed prior to September 10, 1982. The electrical contractor has had a delay in material shipment and the.air conditioning contractor has been unable to proceed. Since all air conditioning units are located on the site, and all but one are physically installed, the contractor is requesting a partial payment in the amount of $12,380. This payment is intended to pay for the equipment. �No partial payment is provided for in the actual contract. ALTERNATIVES AND ANALYSIS Since the air conditioning units are located at the County Jail and the delay has been caused by the electrical contractor, it is the Public Works Department's opinion that a partial payment is justified. However, a 10% retainage is standard county operating procedure. The following alternatives are presented: Alternative No. l Deny partial payment. This action will place the contractor in a delinquent posture with the material supplier. Alternative No. 2 .Approve partial payment of the $12,380 material cost, less 10% or $1,238, thereby releasing $11,142 to the contractor. This will allow the contractor to pay for materials delivered to the site. RECOMNUMATIONS AND FUNDING It is recommended that partial payment in the amount of $119142 be approved. Funding-906-523-34.61.to be from Account No. 001 Unencumbered balance as of 9/8/82 is $S7,060. 10 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to approve partial pay- ment to Colkitt Sheet Metal and Air Condition- ing as recommended by Mr. Davis. Some discussion ensued about the amount needed by the contractor and whether or not we should retain 100. Attorney Brandenburg recommended that the 10% be retained. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. GRANT APPLICATION FOR TRAFFIC TECHNICIAN The Board considered the following memo: TO: The Honorable Members of the DATE: September 8, 1982 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Bureau of Highway Safety Traffic Technician Grant Application for FY 82/83 FROM: James W. Davis, P.E., REFERENCES: Public Works Director DESCRIPTION AMID CONDITIONS Applications are due October 1, 1982, to the Bureau of Highway Safety (BHS) for a FY 1982/83 grant to fund the County's Traffic Technician. The County is elligible to receive $12,000 from the BHS to fund Mike Orr's salary. ALTERNATIVES AND ANALYSIS The Countycan elect to apply for the 82 83 pp y � / grant money or fund the entire Traffic Technician's salary without the grant. The grant conditions are on the ',attached application and are the same as last year's. RECOMMF.NDATTONS ANI) T4TKMTMr. _ It is recommended that the County apply for a Bureau of Highway Safety grant in the amount of $12,000. for FY 82/83, that the Chairman of the Board be authorized to sign the project application, and that James W. Davis, Public Works Director, be designated as Project Director. 11 SEP 15 1992 51 pnoc 268 I SEP 151982 6AOK : � PA. � - .� ON MOTION.by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the Application to the Bureau of Highway Safety for a grant for a traffic engineering technician, authorized the signature of the Chairman, and agreed that Public Works Director Davis will be the Project Director. Said Grant Application is made a part of the Minutes as follows: 12 0 FOR BHS USE ONLY �, m6 *►,,e Project Number»' V o WIT _ Program Module PSP Title SUBGRANT PERIOD: State of Florida Department of Veteran and Community Affairs Division of Public Safety Planning and Assistance to Allocation Approved BUREAU OF HIGHWAY SAFETY Subgrant Application For Highway Safety Funds (Refer To Instructions For Subgrant Application) PART 1: General Administrative information (Refer to Instructions for Subgrant Application, Part 1) 1. Project Title: Traffic Engineering Technician/ Indian River County 2.. Type of Application: [ ] Initial [ ] Revision [XI Continuation of Subgrant No. 81-08-01-613-21 (1) 3. Requested Subgrant Period: October 1. 1982 to September 30, 1983 Anticipated Project Period: October 1. 1982 to September 30, 1993 4. Support Sought: $ 12.000 Matching Share: $-U.740 Total Budget: $ 25.740 5. Applicant: 6. Implementing Agency: Board of County Commissioners Public Works Department 1840 25th Street 1840 25th Street Vero Beach, Florida 32960 Vero Beach, Florida 32960 Honorable Don C. Scurlock.,9't- Chairman Telephone: 305/567-8000 Telephone: 305/567-8000 7. Chief Financial Officer: 8. Project Director: Jeff K. Barton Mr. James W. Davis, P.E. 1840 25th Street 1840 25th Street Vero Beach, Florida 32960 Vero Beach, Florida 32960 Telephone: 305/567-8000 Telephone: 305/567-8000 9. Project Summary -- Summarize in approximately 200 words, the most important parts of the project presented in Part It. This project activity provides for the continuing services of a traffic engineering technicia to work under the supervision of the Indian River County Public Works Director, who is a professional engineer. Indian River County needs this traffic engineering expertise available on a full-time basis to perform the many tasks necessary to better assure a safer environment on county maintained roadways. The technician will work in close concert with the City of Vero Beach engineering personnel on mutual problems. .f -BHS/82 13 SEP 15 1982 51 PAJE 2 r 0 SEP 15 1992 PROBLEM Prior to fiscal year 1982, Indian River County has.not had the services of full-time personnel with necessary expertise to address it's many traffic related problems. Due to the absence of these services and the increasing growth in population and vehicular traffic, our traffic problems have been compounding over the years, thus creating a tremendous backlog of necessary improvements. SOLUTION: Indian River County proposes to continue the services of a'full-time traffic engineering technician in order to provide the technical expertise necessary to more effectively address the day to day problems associated with traffic on our roadways. Since the City of Vero Beach is the hub of Indian River County, with heavily traveled county maintained roads traversing the city, many of the traffic problems are of mutual concern. The traffic engineering technician, under the direction of the Public Works Director/County Engineer, will work in close concert with the city in impacting these problems. OBJECTIVE To provide for the continuing services of a traffic engineering technician through September 30 ,1983. TASKS 1. Provide for traffic engineering capabilities 2. Conduct traffic control devices inventory 3. Identify and analyze high hazard accident locations 4. Update traffic studies including traffic counts, speed zoning and signal timings S. Identify roadway improvement needs including paving, intersections and corridor extensions or widening 6. Coordinate activities with the City of Vero Beach and Florida Department of Transportation, when appropriate EVALUATION Evaluation will be administrative based on the accomplishment of the stated tasks and the performance indicators listed on the progress report form. Progress reports will be submitted to the Bureau of Highway Safety, Quarterly. A final report will be submitted at the close of the project period. 2 _ _ -14 W M V 1- CA co U CP G7 �1 ND U-0 PART Ii: Task and Timetable Timetable -- Task Unit By Time Fiscal Year 1982 Planned 1st Quarter 2nd Quarter 5rd Quarter 4th Quarter TASK DESCRIPTION Quantity O 1 N D J F I M A M I J J A S 1. Provide for traffic engineering technician salary & benefits 1 X-- --- ---- --- ----- --- --- ---- ---- ---- ----- -X 2. Update traffic control devices inventory X X X 3. Identify and analyze hazardous locations X-- --- ---- --- ----- --- --- ---- ---- ---- ----- - X 4. Conduct traffic studies X-- --- ---- ----------------- ---- ---- ---- ----- -X S. Identify roadway improvement needs X----------------------------- ---- ---- ---- ----- -X 6. Coordinate activities with appropriate entities Cost By Task Bv Time TASK INVOLVING COST TOTAL Fiscal Year 1982 1. Traffic engineering technician salary & 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter benefits costs. $6,435 1 $6,435 $6,435 $6,435 $25,740 ji J 1 Subgrant Title: Subgrantee: Project Number: Project Director: Performance Indicators Milestones Qtr. Ending Dec. 31, 19_ Qtr. Ending March 31, 19 6 Months Total Qtr. Ending June 30, 19 Qtr. Ending Sept. 30, 19 Project Total I Funds Expended Qtr. Ending Dec. 31, 19_, , Qtr. Ending March 31, 19 6 Months Total Qtr. Ending June 30, 19 Qtr. Ending Sept. 30, 19 Project Ending Salaries and Benefits: Other Personal Services Expenses Operating Capital Outlay Data Processing Services Indirect Costs Total Funds Expended Comments/Problems: F I U), M 03. NF PART 111: Project Detail Budget (Attach detail narrative defining cost for each category) Refer to instructions. Project Number: Non -Federal f3. Budget Category TOTAL FEDERAL State Local A. Salaries and Benefits 1 Traffic Engineering Technician salary $19,800 $12,000 $7,800 Fringe benefits include S.S., Ret. group insurance, workman's comp. $ 5,940 $5,940 (Federal funds will be reimbursed up to 10006 of each salary claim until all such funds allocated have been utilized.) Sub -total $25,740 $12,000 $131,740 B. Other Personal Services Sub -total C. Expenses Sub -total D. Operating Capital Outlay Sub -total E. Data Processing Services Sub -total F. Indirect Cost Sub -total Total Cost Project Total $25,740 $12,000 $13,740 IG SEP 15 1982 L_ 5 17 51 pw 214 a SEP 151982 State of Florida Department of Veteran and Community Affairs Division of Public Safety Planning and Assistance BUREAU OF HIGHWAY SAFETY PART IV: Acceptance and Agreement �QQ1( 51.iao f�, e 5. Conditions of Agreement. In the event that this application is approved, the applicant understands and agrees to the following conditions: 1. Reports. The subgrantee shall submit a written final report to the Bureau of Highway Safety within 30 days of subgrant termination date. The subgrantee shall also submit other reports in a form as may be'prescribed and may be reasonably required by the Bureau of Highway Safety, including quarterly progress reports. 2 Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement of and accounting for, sub - grant funds and required non-federal expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the BHS. All expenditures and cost accounting of funds shall con- form to the Federal Office of Management and Budget Circular A-102 and A-87 in their entirety. All funds not spent in accordance with this agreement shall be subject to repayment -by the subgrantee. 3. Compliance with Section 287.055, Florida Statutes. The subgrantee when -applicable, agrees to satisfy all requirements provided in Section 287.055, Florida Statutes, better known as the "Consultants' Competitive Negotiation Act". 4. Approval'of Consultant Agreements and Final Reports. The subgrantee must receive approval of all consultant agreements from the BHS prior to the actual employment of a consulting -firm. Final reports must be approved by the BHS and, for traffic engineer- ing related projects, by the Federal Highway Administration prior to final project acceptance. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be deter- mined in accordance with the general principles of allowability and standards for select- ed cost items set forth in Federal Management Circular No. A-87, "Cost Principles Ap- plicable to Grants and Contracts with State and Local Governments", and in accordance with the BHS Policies and Procedures Manual. 6. Travel. All travel reimbursement for out-of-state or out of pre -assigned work area, will be based upon approval of BHS prior to actual travel. Reimbursement forms are available through the BHS, Tal lafiiisei office. Travel cost will be reimbursed in ac- cordance with local regulations but not in excess of provisions in Section 112.061, Florida Statutes. 7. Written Approval of Changes. Subgrantees must obtain prior written approval from BHS for major changes. These include but are not limited to (a) changes of substance in project activities, designs, or research plans set forth in the approved application; (b) changes in the project director or key professional personnel identified in the approved project budget items and amounts. 8. Commencement of Projects. If a project has not commenced within 60 days after the acceptance (approval date) of the subgrant award, subgrantees will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If after 90 days from the acceptance of the award, the project is not operational, a fur- ther statement of implementation delay will be submitted by the subgrantee to the BHS. Upon receipt of the 90 -day letter, the BHS may cancel the project and reobligate the funds to other project areas. The BHS, where warranted by extenuating circumstances, may extend the implementation date of the project past the 90 -day period. C 18 9. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date of the subgrant application are eligible for reimbursement. 10. Subgrant Funding. The obligation of the State of Florida to reimburse subgrantees for incurred cost will be subject to the availability of Federal Highway Safety funds. 11. Performance. Failure to perform in whole or in part any of the herein contained agreements may result in termination of this subgrant 12. Audit BHS, NHTSA, FHWA, and the Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for purpose of audit and examination of any books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantees and contractors, as provided by the provisions of Section 402(a) of the Highway Safety Act of 1966, Public Law 89-564, as amended. 13. Equal Employment Opportunity. No person shall, on the grounds of race, creed, color or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under subgrants awarded pursuant to. P.L. 89-564, or any project, program, activity, or subgrant supported by such re- quirements of Title VI of the Civil Rights Act of 1964, and all applicable require- ments pursuant to the regulations of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, which have been adopted by the Department of Transportation). 14. Minority Business Enterprises. (a) Policy. It is the policy of the Department of Transportation that minority ubusiness enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of con -tracts financed in whole or in part with Federal funds under this agreement Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. (b) MBE Obligation . The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reason- able steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform con- tracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts. 15. Special Conditions: 1. Position candidate should meet BHS approved minimum training and experience requirements commensurate with position responsibilities. 2. Requirement for supervision by graduate and/or professional engineer may be waived only upon prior approval by the BHS and the Federal Highway Administration. 3. Federal funds will be reimbursed up to 1000 of each salary claim until all such funds allocated have been utilized. 4. In the event that the technician position becomes vacant during the course of the grant period, the qualifications of any candidate proposed to fill the vacant position must be approved by the BHS and Federal Highway Administration prior to incurring any federal funding assistance costs. 7 L. 19 SEP 151982- oax . .51 mud " ^ SIGNATURES OF ACCEPTANCE Project Director Authorizing Official of Governrf ental Unit (only comminion chaimfan, Mayor, or Designates Representa*e) 1. Name: Mr. James W. Davis, P.E. 1. Name: Don C. Scurlock r. Chairman of the a rd of Co Co s o ers 2. Signature: 2. Signature: 3. Date: 3. Date: / ' 7' - APPROVAL APPROVAL FOR AUTHORIZATION TO PROCEED 1. Effective Date: 4. Name: 2. Federal Funds Allocated: 5. Title: 3. Approval Date: 6. Signature: A�Jn �� mw >� r� JOd '0 tc�r(n Project Number: and leg; - rfici At(0rr,„,Y -"/ CHANGE ORDER FOR COUNTY JAIL - Bid Item No.5 Public Works Director Davis informed the Board that when certain electrical work was done at the jail recently, it was necessary to split the existing 400 amp service into two legs since it developed that the jail was pulling more amperage than anticipated. The 400 amp service will be used to supply the jail, and a new 200 amp service will have to be installed to service the air conditioning. This is underground service and will require some concrete work. Mr. Davis noted that the architect is scheduled to be at the meeting at 11:00 A.M. if the Board has any questions. It was decided to defer this item until the architect is present. MEADOWS FRANCHISE APPLICATION The Board considered the following memo: 20 TO: Honorable Members of DATE: September 2, 1982 - FILE: Board of County Commissioners THRU: Michael Wright County Administrator FROM: George Liner Utilities Manaqer DESCRIPTION & CONDITIONS: SUBJECT: The Meadows Franchise Application REFERENCES: The Meadows is a wasterwater franchise requested by FST Partnership comprised of three parties; George Frederick, Earl Spytek, and Fred Tuerpe. The subdivision consists of 3.9 acres with two groups of two story buildings. Eight Condo units upstairs and eight offices or shops downstairs each or a total of sixteen condo and sixteen commercial units located off of 43rd Avenue near S.W. 1st Street. Each pair of units (upstairs and downstairs) will have its own well but the collective project requires a sewage treat- ment plant - hence the need for a franchise. The franchise was first applied for November 18-, 1981, by Paul Rosskamp in behalf of the developer. Due to his -untimely death, the project had been delayed to this time. We have the application package complete; it was reviewed by staff and is ready to be presented to the board for approval of the franchise. For this purpose, we must have the agenda item approved and scheduled for a public hearing with sufficient time allowed for the public notification fifteen (.15) days in advance of the public hearing. ALTERNATIVES & ANALYSIS: Since this franchise was initiated quite some time aqo, the old format for the resolution was negotiated, with all the features of the new franchise incorporated. These include: 1. A payment of.$1,000 to apply for the franchise. 2. System will be built to county specs and partnership shall follow county regulations in maintaining and operating the system. As it is being constructed, we'have the right to inspect. 3. We shall obtain engineers satisfaction and DER approval as to construction and copies of "as -built" drawings.. 4. There is provision for a 3% fee to be paid to county based on gross revenue. 5. A maintenance escrow fund is provided which can be adjusted by decision of the Board. 6. If the partnership fails to comply with franchise conditions, the Board, after a hearing can impose a $50 per day fine for noncompliance and limit the franchise activity. SEP 15 1982 21 51 rm-3 0n SEP 151982 BOOK PA.UE279 7. Inspection fees of $10 per unit are assessable (for sewerionly). As to alternatives, the Board of Commissioners may or may not consider the franchise as proposed. If the franchise is not approved, the project cannot be completed as proposed. RECOMMENDATION & FUNDING: It is recommended by staff that the Board of County Commissioners approve for the agenda scheduling foir public hearing consideration of the Meadows Franchise for approval. This public hearing should occur no sooner than three (3) weeks after the agenda is approved. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons,.the Board unanimously auth- orized scheduling a public hearing for considera- tion of approval of The Meadows Franchise appli- cation. DISCUSSION SCHEDULING OF PROPERTY APPRAISAL ADJUSTMENT BOARD MEETINGS Attorney Brandenburg noted that the Board has previously discussed scheduling, but he now has a Resolution authorizing the PAAB members to receive their per diem fee, which he would like to -Board to approve as has already been done by the School Board. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously adopted Resolution 82-87 approving per diem compensation for the members of the Property Appraisal Adjustment Board. 22 RESOLUTION NO. 82- 87 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPOINTING 1982 PROPERTY APPRAISAL ADJUSTMENT BOARD MEMBERS AND APPROVING STATUTORY PER DIEM COMPENSATION. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER -COUNTY, FLORIDA, that Chairman Don C. Scurlock, Jr., Commissioner Patrick B. Lyons and Commissioner William C. Wodtke, Jr., are hereby appointed to serve on the Property Appraisal Adjustment Board as County Commission members for the 1982 session. WHEREAS, the School Board adopted Resolution No. 82-2 on August 10, 1982, appointing their two members and allowing for per diem compensation; NOW, THEREFORE, BE IT FURTHER RESOLVED that the above named members of the 1982 Property Appraisal Adjustment Board, or their respective replacements, may receive per diem compensation as is allowed by law for State employees, pursuant to authority given in Florida Statutes 5194.015 (198.1). The foregoing resolution was offered by Commissioner Lyons - who moved its adoption. The motion was seconded by Commissioner Fletcher 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 15th o U y " Attest: FREDA WRIGHT, Cle APPROVED AND LE L By CHRISTOP Assistan FORM ICZ& y Attorney day of September, 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By a G &e.4� DON C. SCURLOCR, JR. Chairman 23 SEP 15 1982 51 ?AcE 280 SEP 15 1982 B 01( 51 �n-E 281 ACQUISITION OF UTILITY EASEMENT FOR MID FLORIDA TIE-IN Attorney Brandenburg informed the Board that there is a pile of rubble on the land of Mr. LaFever, which is the property we wish to acquire as an easement for the Mid Florida tie-in. There has been some discussion in regard to clearing the land as payment for the easement or making some other arrangement. The Attorney felt that removing the debris from this property could cost as much as $3,000 and the Fire Department does not wish to be involved in burning it. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized the Attorney to negotiate entering into the necessary agreements to acquire the subject easement from Mr. LaFever. RIGHT-OF-WAY CERTIFICATION RE SOUTH COUNTY WATER SYSTEM Attorney Brandenburg explained that this item involves the FmHA standard form and is a certification by the Chair- man hairman indicating that all necessary rights-of-way for the South County water system have been acquired or will be acquired. This is needed for the bond closing on Septem- ber 30th. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to sign the FmHA Certification of Right -of -Way re the South County water system. 24 -I `f'knSy�*K Form FHA 442-21 (Rev. 7-6-70) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION RIGHT—OF—WAY CERTIFICATE The undersigned, Don C. Scurlock Jr., Chairman Board of County Commissioners Ri' hereby certifies except as noted in item 4 below: o Indian ver County L That the undersigned has acquired and presently holds continuous and adequate' rights-of-way on private lands needed for the construction, operation, and maintenance of the facilities to be installed, repaired, or enlarged with 'the proceeds of a loan made or insured by, and/or a grant from, Farmers Home Administration and such omissions, defects, or restrictions as may exist will in no substantial way or manner endanger the value or the operation of the facilities. 2. That the undersigned has acquired the necessary permits, franchises, and authorizations or other instruments by whatsoever same designated, from public utilities and public bodies, commissions, or agencies authorizing the construction, operation, and maintenance of the facilities upon, along, or across streets, roads, highways, and public utilities. 3. That thir attached "Right-of-way Map" shows the location and description of all land and rights -of --way acquired by right of use or adverse possession and by legal conveyances such as right-of-way or easement deeds, permits, or other instruments. 4. Exceptions: See Exhibit A. A IN WITNESS WHEREOF, applicant hereunto affixes its name and corporate seal this 15th day of September 19 82 Attest ,' !,Secretary (Affi,; Corporate Seal Here) Indian River County, a political subdivision of the State of Florida By Title Chairman Board of County Commissioners Indian River County Approved aW form and legal jdAlcieey By 25 MArandenburg% ty Attorney FHA 442-21 (Rev. 7-6-70) 51 ntE SEP 151992 ' EXHIBIT A r; 51 1- The County has arranged for the acquisition of the following easement from the owner; however, the owner is out of the ,state until October at which time the County will close on the easement. Begin 214.23 feet South of the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 12, Township 33 South, Range 39 East, as recorded in official Record Book 447 page 168; thence run West to the East right of way line of the Florida East Coast Railroad approximately 1050 to the Point of Beginning; from the Point of Beginning run Southeasterly along the East right of way line of the Florida East Coast Railroad a distance of 125 feet, more or less, thence run East and parallel to the North line of said Setion 12, a distance of 10 feet, more or less. Thence run Northwesterly and parallel to the East right of way line of the Florida East Coast Railroad, a distance of 145 feet, more or less, thence run East and parallel to the North line of said Section 12, a distance of 160 feet, more or less, thence run North perpendicular to North line of said Section 12 a distance of 10 feet, more or less, thence run West parallel to North line of said Section 12 to the East right of way line of the Florida East Coast Railroad, a distance of 175 feet, more or less, thence run Southeasterly along the East right of way line of the Florida East Coast Railroad, a distance of 30 feet, more or less to the Point of Beginning, said land lying and being in Indian River County, Florida. 2- The County is currently negotiating for the acquisition of this easement and anticipates acquisition in October: The West 10 feet, along the East right of way line of the Florida East Coast Railroad, of the following described property: Beginning 204.23 feet South of the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 12, Township 33 South, Range 39 East; as recorded in Official Record Book 528 page 519, more particularly described as: thence run West to the East right of way line of the Florida East Coast Railroad approximately 1065.04 feet; thence Southeasterly along the East right of way line of the• Florida East Coast Railroad 498.10 feet, thence East approximately 918 feet to the center section line of said Section 12; thence North 469 feet to the point of beginning; LESS the North 126 feet and the South 172 feet. Said land lying and being in Indian River County, Florida. 26 PROMISSORY NOTE - CONSTRUCTION OF SOUTH COUNTY WATER SYSTEM Attorney Brandenburg reported to the Board that the Finance Department has advised that we enter into some arrangement to make payments to our contractors while we are awaiting receipt of the grant funds for the South County water system, and he recommended that the Board authorize the issuance of -a promissory note pledging the grant funds in the amount of $300,000 to mature in 60 days. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board by a 4 to 1 vote, Commissioner Fletcher voting in opposition, adopted Resolution 82-90 authorizing the issuance of a promissory note in the amount of $300,000 as recommended by the Attorney and the Finance Department. 27 SEP 15 1992 0 51 AGE 4 S EP *151982 ` RESOLUTION NO. 82-90 51 P%rf'3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE TO PARTIALLY FINANCE THE COST OF CONSTRUCTION OF THE SOUTH COUNft'Y WATER SYST&i. WHEREAS, Indian River County has undertaken to construct a South County Water System, and WHEREAS, the cost of the construction is anticipated to be funded from the sale of bonds to the Farmers Home Administration together with the use of certain grant funds from Farmers Home Administration, and WHEREAS, the construction of the plant is occurring ahead of the originally anticipated schedule and the grant funds to pay for the construction will not be available in time to meet construction draw schedules. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that,the attached promissory note is approved and the Chairman and Clerk of the Board of County Commissioners are authorized to execute the promissory note on behalf of Indian River County. The foregoing resolution was offered by Commissioner Patrick B. -Lyons, who moved its adoption. The motion was seconded by Commissioner Dick Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. - Yea Vice -Chairman A. Grover Fletcher - Nay Commissioner Patrick B. Lyons - Yea Commissioner William C. Wodtke, Jr. - Yea Commissioner Dick Bird - Yea The Chairman thereupon declared the resolution duly passed•and adopted this 15th Attest: FREDA WRIGHT, Cle APPROVED AS TO FORM AND LEGA UFFIC ENCY By GA�Zy O.' BRANDENBURG 46unty Attorney day of September , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY / G DON C. SCUR 0 K, JR. Chairman 28 No.. $300,000.00 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER ANTICIPATION NOTE FOR VALUE RECEIVED, the County of Indian River, Florida, (the "issuer"), hereby promises to pay to the order of The First Bankers of Indian River County, at its principal office in the City of Vero Beach, Florida, on or before November 15, 1982, solely from the special funds hereinafter mentioned, in lawful money of the United States of America, the principal sum of THREE HUNDRED THOUSAND and 00/100 DOLLARS ($300,000.00) and interest on such principal sum from the date hereof at the rate of 9.25% per annum, until such principal sum shall be paid. This note is issued pursuant to the constitutional laws of the State of Florida, particularly §215.431, Florida Statutes (1975) and is in anticipation of the receipt from Farmers Home Administration, United States of America, of SEVEN HUNDRED NINETY- SIX THOUSAND AND NINE HUNDRED and 00/100 DOLLARS ($796,900.00) in wate-r and sewer grant funds for the South County Water System, and secondarily, and only to the extent and in the event grant funds are insufficient, in anticipation of the receipt by the issuer of the proceeds from the sale of not exceeding TWO MILLION SEVEN HUNDRED FIFTY THOUSAND AND SEVEN HUNDRED and 00/100 DOLLARS ($2,750,700.00) principal amount of water and sewer revenue bonds, Series 1982 of the issuer (the "bonds"). Said bonds being set forth specifically in a resolution duly adopted by the issuer on July 7, 1982, this note and the interest due thereon are payable solely from and secured by a prior lien upon and a pledge of the proceeds of the SEVEN HUNDRED NINETY-SIX THOUSAND AND NINE HUNDRED and 00/100 DOLLARS ($796,900.00) water and sewer Farmers Home Administration Grant and, if necessary, from the proceeds to be derived from the sale of the water and sewer revenue bonds Series 1982 and may at issuer's option be paid -from other unsecured legally available non -ad valorem funds available to issuer. This note shall not constitute a general obligation of 29 SEP 15 1982: 51 PA -UE 286 BOOK 51 17 SEP 151982 7 the issuer, and the holder thereof shall never have the right to require or compel the exercise of the power of the issuer to levy ad valorem taxes for the payment of the principal of and interest on this note. It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in connection with the issuance of this note, exists, have happened, and have been performed in regular and due form and time as required by the laws and constitution of the State of Florida applicable thereto; and that the issuance of this note and of the issue of notes of which this note is one does not violate any constitutional or statutory limitation or provi- sions. IN WITNESS WHEREOF, the County of Indian River, Florida, has issued this note and has caused the same to be signed by the Chairman of its Board of County Commissioners and its corporate seal to be impressed hereon and attested and countersigned by the Clerk of such Board, all as of the 15th day of September, 1982. ATTESTED•AND C UNTERSIGNED: ByJ1 ` J ` FREDA WRIGHT, Cler Board of County Co issioners APPROVED,#S TO FORM AND LEGSUFF-1-CIEN By s -a. ui\[]LYL LL\ y Attorney 30 COUNTY OF INDIAN RIVER, FLORIDA By DON C. SCURLO R, JR. Chairman Board of County Commissioners WAXE RADIO LICENSE AGREEMENT, Acting General Services Director Lynn Williams reviewed the following memo: TO: The Honorable Members of DATE: September 10, 1982 FILE: Agenda the Board of County Commissioners September 15,1982 THRU: Michael Wright SUBJECT: WARE Radio License Agreement County Administrator FROM: Lynn Williams REFERENCES: Acting General ervices Director DESCRIPTION AND CONDITIONS Proper Public Notice was published in the Vero Beach Press Journal on August 24, 31 and September 7, 1982.for the lease and/or license of a parcel of County cw.ned land located at the Transfer Station on Old Dixie Highway. One bid was received from WAXE Radio. A license agreement was granted to WGYL Radio, May 5, 1982 for a non-exclusive license to use said property for the purpose of con stucting a radio tower. Mr. Dick Crago, WAXE Radio has attempted unsuccessfully to negotiate a common use of the tower to be built by WGYL on the property lic- ensed in May 1982. Mr. Crago has approached the County with a request for a similar agreement for a parcel of land.adjacent to and South of the WGYL property. WAXE has requested a parcel 400 X 400 feet or approximately 3.67 acres to be used for a 200 foot tower with transmitter building. ALTERNATIVES AND ANALYSIS Attached is a completed license agreement for the use of the property located at the Old Dixie Transfer station. The agreement with WARE is essentially the same as the WGYL agreement with one exception; the grace period for payment of the annual lease is extended to ten days. WGYL agreement grace period was for three (3) days which Mr. Crago felt was not enough time to correct a deficiency, in case of an oversight whereby he was late with the annual payment. The proposed annual lease rate is $900 for the first ten years with an additional ten year option at a rate of $1'200 annually. The previously granted license agreement with WGYL was for the same time frame with annual payments of $1200 for the first ten years graduating to $1500 annually for the option years. WAXE has received FCC approval of the adjacent site and Mr. Crago has stated he anticipates no difficulty obtaining the same approval for his new situ. This property has been put out for bid two times in the last five (5) years with only two different bidders, WAXE and WGYL. 31 SEP 15 1982 51 P4,60 r P 15195 1 pn' 3 SE 2 Alternative Authorize the Chairman to sign completed license agreement as attached. Forward signed original agreement to Recording Secretary and copy to Finance. Instruct Finance to make necessary arrangements for dispers- ment of the lease payment. RECOMMENDATIONS AND FUNDING Staff recommends approval (Alternative "A") of license agreement with WAXE as attached. No funding is required. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, to approve the recommendation of staff and authorize the Chairman to sign the completed license agreement with WARE. Attorney Brandenburg noted that this is the same basic lease agreement as the one with WGYL, but he would suggest two modifications since WAXE is the second radio corporation in the area - first, a clause stating that WAXt will not interfere with the first antenna's signals, and second, that they will not complain because of the first station's interference with their signals. In other words, WARE will recognize that the first station has prior rights and will not blame the County for any problems that may arise from interference. Dick Crago of WAXE informed the Board that the Federal Communications Commission already has addressed this because of the proximity of the WGYL tower to both WTTB and WAXE, and there is a contingency in WGYL's application that there be no reradiation from the signals. Mr. Crago emphasized that it is the FCC's responsibility to make any decision regarding interference of signals. Commissioner Lyons asked if we can't simply disclaim any responsibility for any claims that may arise since we don't want to be a party to any of those problems. 32 s Mr. Crago had no problem with that whatsoever; he was concerned, however, that the Attorney's first recommendation might establish a prior claim for one station. Attorney Brandenburg pointed out that we have granted one applicant a lease and then another, and we don't want the first one coming back and saying we have destroyed his interest. Considerable discussion followed with the Attorney stressing that all he would like is to have Mr. Crago agree that WAXE has a responsibility under the FCC rules not to interfere with the other station's signal. The Board indicated that they wished to follow the Attorney's recommendation.. Mr. Crago continued to argue that he would prefer that the County Commission simply indicate it is not responsible for adjudicating any problems that may arise and not take the position that one station has more responsibility than the other. It concerned him that the FCC might require one thing of them and the County Commission might require some- thing different. Attorney Brandenburg assured Mr. Crago there was no concern in this regard since his suggestion merely was that they would agree not to interfere with WGYL signals according to FCC standards. MOTION WAS MADE by Commissioner Lyons, _ SECONDED by Commissioner Wodtke, to author- ize the Chairman to sign a license agreement with WAXE subject to the conditions suggested by the Attorney. Mr. Crago asked in the event he and Attorney Brandenburg are able to agree to language that specifies 33 SEP15 1982 keg 51 wbc 29.0 QOK 51 for 291 the same intent as this Motion, if that would be covered by i; the Motion. He emphasized that he had no wish to enter into anything the Attorney did not feel afforded the County proper protection. Commissioners Lyons and Wodtke and the other Board members agreed that would be satisfactory. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 34 L I C E N S E THIS LICENSE made this 15th day of September, 1982, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Grantor" and Shargo hereinafter referred to as the "Licensee"; WITNESSETH; That the Grantor, in consideration of the covenants and agreements hereinafter made to be kept and performed by the Licensee and upon the conditions set forth below, the Grantor does hereby grant to the Licensee a non -exclusive -license to use the following described real property situated in Indian River County to wit; From a point.at intersection of the -east right-of-way line of a 160 foot wide right-of-way for Lateral "J" Canal and the south. right-of-way line of a 250 foot wide right-of-way for the South Relief Canal of the Indian River Farms Water Management District; Run Southeasterly on said east right-of-way of Lateral "J" Canal a distance of 600 feet to Point of Beginning; Said Point of Beginning being in the southeast corner of the southwest quarter Section 13, Township 33 South, Range 39 East Indian River County, Florida; Thence run northeasterly on a line parallel to the South right-of-way line of the South Relief Canal a distance of 400 feet to a point; Thence run southeasterly on a line parallel to the east right-of-way line of Lateral "J" Canal a distance of 400 feet to a point; Thence.run southwesterly on a line parallel to the south right-of-way line of the South Relief Canal a distance of 400 feet to the intersection of the east right-of-way line of Lateral "J" Canal; Thence run northwesterly on said east right-of-way line of Lateral "J" Canal a distance of 400 feet to said Point of Beginning. Containing 3.67 acres more or less. The Grantor further grants to Licensee an easement for ingress and egress to exist during the term of this license. Running from the above described property northeast corner to Old Dixie Highway being the 30 feet lying immediately easterly of said property northeast corner running a distance of 200 feet easterly on a line 600 feet southeasterly of and parallel to soutp right-of-way line of South Relief Canal to a Point; Thence the 30 feet lying on a line 600 feet easterly of and parallel to the east right-of-way line of Lateral "J" Canal running northerly a distance of 600 feet to a point; 51 SEP 1- 198 2 r: SEP 1 1982 Thence the 30 feet lying immediately southerly and parallel to the South right-of-way line of the South Relief Canal running easterly to the intersection of Old Dixie Highway. 6QOK. 51 r-A,ur 29 This license shall be for a period of twenty (20) i• years. The commencement date of the license term shall be the date the last party hereto executes this license. This license shall be non -revocable, provided Licensee abides by all the terms of this agreement and shall be for a purpose of constructing and using a two hundred (2001) foot high, radio tower and accessory structures in accordance with all governmental agency permit requirements and in accordance with - the requirements of the WAXE Radio Station, an AM Station and for no other purposes whatsoever without the prior written con- sent of the Grantor. Grantor reserves the right to grant other uses of the property that is the subject of this agreement provided, however, that said future additional uses shall not interfere in any way with the use of the property by Licensee for the purposes provided in this agreement. In the event that the necessary permits for the use of the property for a two f hundred (2001) foot high radio tower cannot be secured by the Licensee within eighteen (18) months from the date of this license agreement, then in that event, either party shall have the right to cancel and terminate this lease. The Licensee, in consideration of the grant of this license and other agreements herein made between Grantor and Licensee, to be kept and performed, agrees as follows; 1. Licensee does hereby covenant and agree to pay Grantor, and the Grantor agrees to accept as rental under this license agreement the following amounts; $900.00 per year for the first ten (10) years and $1,200.00 per year thereafter. The first payment shall be due within one (1) week of execution of this agreement and shall constitute payment in - advance for the remaining months of this year. The remaining payments are due in advance at the beginning of each succeeding year. 2. Licensee further covenants and agrees to provide Grantor with one free antenna space to be utilized by Grantor at - any time for the exclusive purpose of establishing an Emergency Communication System. Licensee further covenants to provide to Grantor a second antenna space for the exclusive purpose of establishing an Emergency Communication System in return for the payment of $100.00 per month payable yearly, in advance. Licensee shall reserve these antenna spaces unless this provi- sion is released or modified by the Board of County Commissioners of Indian River County. 3. The parties hereto agree that the Licensee shall take the property as it presently exists. -Licensee shall have the right to make improvements to the property for the purpose of constructing a two hundred (2001) foot high radio antenna and accessory structures as long as said structures or buildings meet all appropriate zoning, building or other governmentally imposed restrictions. All costs of the construction shall be borne by the Licensee. At the end of the term of this license all improvements, with the exception of removable personal property and equipment, shall become the property of the Grantor free and clear of any claim of right of Licensee. 4. Licensee may not assign this license without the prior written approval of the Board of County Commissioners of Indian River County. The Grantor shall not unreasonably with- hold such approval. 5. The.Licensee shall maintain the property and all improvements made thereon in an orderly, safe and functional condition. 6. Licensee agrees that in the event of a suit brought on this license for ejectment or to enforce the covenants of the agreement or for any default hereunder on the part of Licensee, its successors or assigns, and should the Grantor be successful then Licensee shall pay a reasonable cost and expenses of the suit including reasonable attorney fees. 7. Licensee agrees to arrange for and pay for, in addition to the rental above mentioned, all utility bills for activities on the premises. r' SEP 15.982 8. Any failure on the part of the Licensee to comply S E P 151992 t too, 51 pinaz 295. I with any of the terms, conditions and covenants of this agree- ment shall make the entire amount of rent for the term of this license due and payable. Grantor, its heirs and assigns, may i. proceed to collect same or at the election of Grantor, its heirs or assigns, any such failure shall work as a forfeiture of this license and all rights of the Licensee hereunder, and said Licensee shall within ten (10) days thereafter quit and surrender said premises without further notice to quit, and the Grantor, or its heirs and assigns, may recover possession thereof by action or forceable entry and detainer. 9. Licensee further covenants and agrees to hold the Grantor harmless from and indemnify the Grantor for, including the duty to defend, any claim, damages, liability or cause of action whatsoever that may arise out of or result from the use of the premises by the Licensee. 10. Licensee agrees to carry, at his expense, liabil- ity insurance to protect the interest of the Grantor as well as the Licensee against loss or damage by personal injury or property damage, and agrees to Garry liability insurance in the sum of not less than One Hundred Thousand Dollars ($100,000.00) for injuries to or death of any one person and Three. Hundred Thousand Dollars ($300,000.00) for injuries to or death of any more than one person in any one accident, and Twenty-five Thousand Dollars ($25,000.00) for damage to property. Said policy or policies shall be standard Owner's, Landlord's and Tenant's policies and will include the Grantor's name as a co-insured. A copy of the insurance policies naming the Grantor as a co-insured will be delivered to Grantor. 11. Licensee further agrees that Licensee, his agents, affiliates or subsidiaries or assigns, will make no unlawful or improper use of the premises and will abide by all of the health, safety, zoning and other regulations as required by Indian River County, the State of Florida or any other govern- mental authority. 12. The Licensee may install such signs on the exterior of the building or otherwise as are necessary for the I N appropriate use of the property; said signs to meet with the rules and regulations of Indian River County. 13. The Grantor may enter and inspect the licensed premises at all reasonable hours. 14. The Grantor covenants and agrees that if the Licensee shall pay and otherwise perform and do all the things and matters herein provided for to be kept and performed by the Licensee, that the Licensee shall peacefully and quietly have the right to use the premises for the purposes herein provided together with the necessary right-of-way to said premises with- out any hindrance by the Grantor or by any other person or persons claiming by or through or under the Grantor. 15. Upon termination of the license, Licensee shall peacefully and quietly surrender and yield up to the Grantor all the premises, subject to the right of the Licensee to remove only tangible personal property and fixtures as may be owned by the Licensee. In the event of the removal of any fixtures or tangible personal property owned by the Licensee, he will repair at his -expense any damage caused by the -removal of said fixtures or equipment. 16. The Licensee understands that there is an existing radio tower on the adjoining property and that Licensor does not warrant the suitability of the property for a tower or that any broadcasts from the tower will be free from interference. 17. It is mutually agreed that each and every one of the covenants and agreements herein contained shall be extended to and be binding upon the respective successors, heirs, legal representatives and assigns of the parties hereto.. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written, in duplicate. As to Lessor SEP 15 192 3 FL INDIAN RIVER COUNTY By DON C. oo SCU LOCK, JR. hairman Attest: P-1 FID WRIGHT, 1 k' . C Y, c-, BY President -5- 91M 5 AGE 2 96 SEP 151982 , STATE OF FLORIDA COUNTY OF INDIAN RIVER ®DX 51 PACF 7. /' Th foregoing instrument was acknowledged before me this J5 day of , A.D. 1982, by DON C. SCURLOCK, JR., Chairm n, Board of County Comm$sgkioners of Indian River County, Florida. Notar Pu i<I g-1-c Y PUBLIC ST d'ORTD BONDED THRU GENERAL INSUCE UNDI STATE OF FLORIDA Rf(N COUNTY OF INDIAN RIVER MY COMMISSION EXPIRES JULY 8 1986. _ The foregoing instrument was acknowledged before me this da oy ��,�^�Cc.tz.> . A.D.A . D . 19 8 2 , by AQ60 as President of No r Public ti fictary Public State of Florida ' APPROVED AS TO FORM ft 90M ssin WO& July 22.1 81 AND LEG SUFFIC EN By G BRANDMURG my Attorney BID #133 - GUARD RAIL (Annual Bid) The Board reviewed the following recommendation and Bid Tabulation: 40 TO: Board of County Commissioners DATE: September 2, 1982 FILE: THRU: Michael Wright County Administrator SUBJECT: IRC BID #133 -GUARD RAIL (Annual Bid) FROM: Caroly Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received August 31, 1982 at 11:00 A.M. for IRC Bid #133- Guard Rail. 5"Bid Proposals were sent out, of the 3 Bidders responding, 1 was a "No Bid". 2. Alternatives and Analysis The overall low bidder, is Mike Hunter, Inc., Tampa, Fl. 3. Recommendation and Funding It is recommended that the bid be awarded to Mike Hunter, Inc., the overall low bidder. Funds to come from Account #004-214-541-35-33. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION 4. ,�a`� 4 � BID NO. IRC #133August DATE OF OPENING o 31, 1982 �� BID TITLE GUARD RAIL ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PI 1. 25Ft. Section Guard Rail Steel Galvanized Per Lineal Ft. NB 86 5 101 00 f , 2.12x` Standard Rail -Steel -Galvanized Per Lineal Ft. NB 43 5 50 50 3. 122Ft. Anchor Rail- Steel Galvanized Per Lineal Ft. NB 47 50 60 00 4. 5 Ft. Convex Radius - Per Lineal Ft. NB 59 50 79 00 41 SEP 15 1952 x . 51 ?A -U298 J 51 Pik E SEP 151992 � a go BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 � 4r BID TABULATION BID NO. DATE OF OPENING i IRC #133 August 31, 1982 BID TITLE - GUARD RAIL ITEMDESCRIPTION UNIT PRICE UNIT PRICEI UNIT PRICE UNIT PF NO. 5. 10 Ft. Convex Radius - Per Lineal Ft 9 50 -79 00 I 6. 15 Ft. Convex Radius Per Lineal Ft. NB 59 50 79 00 7. Wood Post 6" x 8" x 6' 8. I Beam Post 6' x 6" - Steel Galvanized Each 9. Blocks 6" x 6" x 14"- Pressure 11 10. Special End Shoes - Steel - Steel w e 27 100 Ng 35 Inc 15. Amber Reflectors for Guard Rail- Steel Galvanized Each 2 50 3 75 42 L� Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke to award Bid #133 to Mike Hunter, Inc., of Tampa, Fla., as recommended. Purchasing Manager Carolyn Goodrich informed that Board that she would like to pull Items #7 and #9 off this Bid; these items can be purchased locally. Commissioner Lyons stated that he would amend his Motion to include removal of Items #7 and #9. Commissioner Wodtke asked if there is a possible error on Item #11 which seems to be quite out of line. Discussion ensued on checking this figure, and Acting General Services Director Lynn Williams commented that are simply awarding for low bidder and are not specifying any quantities or issuing purchase orders. Chairman Scurlock noted that a bid is a bid and we are locking into one company. Administrator Wright explained that we are not saying we are going to buy everything from this one company - what we are saying is that, if we do buy from them, this is the price for the year. Commissioner Lyons withdrew his Motion. Much discussion followed about the annual bid process and the possibility that some of these items may not be purchased during the year. Commissioner Fletcher suggested stockpiling items we use frequently during the year, and Public Works Director Davis stated that is exactly what they do - they estimate at the beginning of the year and go out and buy at the prices set by the annual bids. This enables them to deal with an emergency situation without having to go through the long bidding process each time. Commissioner Bird pointed out that when we accept these bids, we know we are not going to have to pay any more, but we are going to hope to find a better price. 43 SEP 1.5 1982 51 PA400 I SEP 15 1992 �ao�c 51 , Chairman Scurlock felt if we choose someone else later, i• we still will have to go to bid process; so, he did not understand the process. Mr. Davis noted that the annual bid process has been County policy for years, but possibly guard rail is an item that should not go to annual bid. Discussion continued on deferring the bids on both guard rail and pine lumber until a later date. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously tabled Items 12B and 12C, Bids #133 and #134, and referred them back to the Administrator. BID # 135 - TYPE II ASPHALT CONCRETE (Annual Bid) The Board reviewed the following recommendation and Bid Tabulation: 44 - M - TO: Board of County Commissioners DATE: September 2, 1982 FILE: THRU: Michael Wright SUBJECT: IRC BID #135 - TYPE II ASPHALT County Administrator CONCRETE (Annual Bid) FROM: Carolyn oodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received August 31, 1982 at 11:00 A.M. for IRC Bid #135 - Type II Asphalt Concrete. 7 Bid Proposals were sent out, 3 Bidders responded. 2. Alternatives and Analysis The low bidder on both items was Dickerson, Inc., with no increase over last year bid. 3. Recommendation and Funding It is recommended that the bid be awarded to the low bidder, Dickerson, Inc. Funds to come from Account #004-214-541-35-39. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue ^ Vero Beach, Florida 32960 •^ Q 0 BID TABULATION A. 40 o� BID NO. IRC #135 DATE OF OPENING August 31,1982Q X. ^o a �o BI® TITLE ASPHALT CONCRETE ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRII I. Type II Asphalt Concrete NB 28 50 26 75 I 2. Hauling & Spreading: Per Ton 85 00 40 00 38 00 45 S E P 1.5 1982 . PA"E 302 SEP 15 1992 . ps 51 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously. awarded Bid #135 - Type II Asphalt Concrete to the low bidder, Dickerson, Inc., as recommended. BID #136 - ROAD ROCK (Annual Bid) The Board reviewed the following recommendation and Bid Tabulation: TO: Board of County Commissioners DATE: September 2, 1982 FILE: THRU: Michael Wright SUBJECT: IRC BID #136 - Road Rock (Annual Bid) County Administrator FROM: Carolyn Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received August 31, 1982 at 11:00 A.M., for IRC Bid #136 - Road Rock. 3 Bid Proposals were sent out, 3 Bids were received. 2. Alternatives and Analysis The low bidder was Dickerson, Inc. in the amount of $9.30 per ton. This is a decrease of $1.35 per ton from last years low bid. 3. Recommendation and Funding It is. recommended that the bid be awarded to the low bidder, Dickerson, Inc. Funds to come from Account #004-214-541-35-39. 46 BOARD OF COUNTY COMMISSIONERS o; 2145 -14th Avenue Vero Beach, Florida 32960 �y i ,yam Clk- i BID TABULATION BID NO. DATE OF OPENING IRC #136 August 31„ 1982 o / BID TITLE ROAD ROCK (OLITE OR NARANGA TYPE) o ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNP? PRICE UNIT P 1. Approximately 150 Tons of Pit Run, Miami Olite, Coquina, Ocala or Narange Type Road Rock Meeting , D.O.T. Specs: Per Ton. _ _12 30 9 sn ON MOTION by Commissioner Pletcher, SECONDED by Commissioner Lyons, the Board unanimously awarded Bid #136 - Road Rock, to the low bidder, Dickerson, Inc., as recommended. BID #137 - ASPHALT COATED STEEL, ETC. (Annual Bid) The Board reviewed the following recommendation and Bid Tabulation: TO: Board of County Commissioners DATE: September 2, 1982 FILE: THRU: Michael Wright SUBJECT: IRC Bid #137 - ASPHALT COATED STEEL County Administrator CORREGATED PIPE & ALUMINUM METAL PIPE (Annual Bid) 6 FROM: Carolyn Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received August 31, 1982 at 11:00 A.M. for IRC Bid #137 - Asphalt Coated Steel,porregated Pipe and Aluminum Metal Pipe. 7 Bid Proposals were sent out, of the 4 Bidders responding 1 was a "No Bid" and 1 bid the Asphalt Coated Steel Corregated Pipe only. 47 SEP 15 1982 SEP 15 1982 r'Fut 305 2. Alternatives and Analysis Of the 2 bidders submitting bids on all items, Gator Culvert's bid was some- what lower on some sizes. However, the bid submitted by Southern Culvert was substantially lower on the larger sizes of steel corregated pipe and lower overall on the aluminum pipe. 3. Recommendation and Funding It is recommended that this bid be awarded to Southern Culvert because of the overall -savings that will be realized by the county. Funds to come from Account #004-214-541-35-32. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION w 811D NO. IRC #137 DATE OF OPENING lAugust 31, 1982 BID TITLE ASPHALT COATED CORREGATED AND ALUMINUM METAL PIPE ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PI 1.Asphalt a ed--Stee Corregated Pipe: 10" x 16 Gauge Per Ft. NB 5 58 NB NB 12" - "It 5 01 5 13 5 42 " 6 15 6 03 6.48 " - It7 7 01 7 57 ti 24" - 14 Gauge Per Ft. 11 10 11 81 " -11 if14 28 13 50 14 40 " - It of17 26 16 72 17 37 42" - 12 Gauge Per Ft. 26 61 25 80 27 46 - 31 44 _ 37 57 1. 60" - 10 Gauge Per Ft. 46 30 49 72 NB 51 5 72" - 11 1155 40 59 10 61 37 84" - 8 Gauge "` 105 98 NB 88 31 96" -It 11-121 49 I, 101 8 48 BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION �Q� 4 U° c '^Q V q � -1511 = a� BID NO.DATE IRC #137 OF OPENING August 31, 1982 BID TITLEASPHALT COATED CORREGATED AND Al 11KNUM METAI, PIPE ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PP 2. 42" - _12 Gauge Per Ft. 29 93 NB NB 27 00 rn If _ If It 38 36 NB 30 36 93 96 60" _ 54 53 NB 51 12 65 32 NB 60 85 84" - 8 Gauge Per Ft. 91 65 86 59 104 86 100 04 2•ALUMINUM METAL PIPE " - 4 56 NB NB 5 33 " - " 6 43 NB 6 37 " 7 69 NB 7 47 24" - 14 Gauge Per Ft. NB 11 62 " -If " 1563 NB 14 18 " _ 111� 18 7 NB 17 09 ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Wodtke, the Board unanimously awarded Bid #137 - Asphalt Coated Steel, Corrugated Pipe & Aluminum Metal Pipe to Southern Culvert as per staff recommendation. BID #138 - ELEVATOR SERVICE AGREEMENT (Annual Bid) The board reviewed the following recommendation and Bid Tabulationa- SEP 1 5 1982 49 R 61 WE 306 SEP 15 1992 an 51 ?A, -E307 1 TO: Board of County Commissioners DATE: September 3, 1982 FILE: THRU: Michael Wright SUBJECT: IRC Bid #138 - Elevator Service County Administrator Agreement FROM: Lynn Willi ams 3 REFERENCES: Acting Gen ervices Director 1. Description and Conditions IRC Bid #138 for Elevator Service Agreement was opened 11:00 A.M., August 31, 1982. Three {3) requests for bid were mailed to companies supplying this service. All companies responded with sealed bids. 2..Alternatives and Analysis Miami Elevator Company, of Melbourne was low bidder. Total monthly charge for the four elevators included is $502.82. Staff has reviewed all agree- ments submitted to insure necessary requirements are met. 3. Recommendation and Funding Staff recommends that Miami Elevator be awarded Bid #138 as lowest and best bidder for Elevator Service Agreement. (FY82-83) Funding is budgeted in Building Operation Account #001-220-519-33-49. 50 Commissioner Fletcher recommended that consideration be given to having someone on the County staff certified by the State to inspect the elevators. Administrator Wright stated that he would check into this to see what was involved. Mr. Williams pointed out that the present service agreement expires September 30th. ON MOTION -BY Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #138 for Elevator Service to low bidder, Miami Elevator, as per staff recommen- dation. BID #139 - FIRE EXTINGUISHER INSPECTION & SERVICING (Annual Bid) The Board reviewed the following recommendation and Bid Tabulation: TO: Board of County Commissioners DATE: September 2, 1982 FILE: THRU: Michael Wright SUBJECT: IRC BID #139 - Fire Extinguisher County Administrator and Servicing (Annual Bid) FROM: Carol3Y Goodrich REFERENCES: Purchasing Department Manager I. Description and Conditions Bids were received August 31, 1982 at 11:00 A.M. for IRC Bid #139 - Fire Extinguisher Inspection and Servicing. 3 Bid Proposals were sent out, 2 were received. 2. Alternatives end Analysis The low bidder is Vero Beach Fire Equipment Company with no increase over last year. 51 SEP5 198 fox . 51 pAbc 3 8 � 2 ;SEP 151982 ' 0a.x .51 PnE.3 9 3. Recommendation and Funding It is recommended that the bid be awarded to the low bidder, Vero Beach Fire Equipment. Funds to come from Account #001-220-519-33-49. 52 I BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION ' �a ^� .. ar .c v BID NO. IRC #139 DATE OF OPENING August -31,1982 BID TITLE FIRE EXTINGUISHER INSPECTIONN SERVICING ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PF I. Annual Inspection & Tagging of all Fire Extinguishers Each 2 00 •. 1 00 2. Recharge regular -Ory Chemicalregular- 212 Pound Each 3 00 3 00 5 Pound Each 5 00 4 00 10 Pound Each 9 00 600 5.20 Pound EAch 10 00 _9 00 Recharge -Purple K or ABC Chemical ! Ext. 6. 2� Pound Each 4 00 3 90 Recharge Purple K or-AB_Q_Chemical Ext.: 7. 5 Pound Each r I n 5 QO 8. 10 Pound EAch 9 00 7 90 9. 20 Pound Each 12 00 12 00 Recharge Co2 Ext. 10. 21 Pound Each 3 00 1 50 -___3 Pound 3 00 52 I BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 I BID TABULATION BID NO. I DATE OF OPENING IRC #139 August 31,1982 BID TITLE FIRE-EXTINGUISHER INSPECTION & SERVICING ITEM NO. DESCRIPTION -�w�v ,� 4 e � 4 a"' so zt ' UNIT PRICE UNIT PRICE UNIT PRICE 5 00 5 50 3K1 18. 11 Pound thru 15 Pound Each Recharge Co2 Ext. 13. 11 Pound thru 15 Pound Each 2 00 14. 16 Pound thru 20 Pound Each Q Hydro Test Co2 Ext. 15. 21 Pound EAch Hydro Test Co2 Ext. 1-16. 3 Pound thru 5 Pound Each 17. 6 Pound thru 10 Pound Each 19. 16 Pound thru 20 Pound Each 8 -�w�v ,� 4 e � 4 a"' so zt ' UNIT PRICE UNIT PRICE UNIT PRICE 5 00 5 50 3K1 18. 11 Pound thru 15 Pound Each 8 Oil 2 00 Hydro Test Co2 Ext. 19. 16 Pound thru 20 Pound Each 8 003 00 _ 20.- Rechar a Soda/Acid Ext. Each N9 1 50 21. Hydro Test Soda/Acid Ext. Each sin 23. Hydro Test Pressure Water Ext. Each 24. Recharge 21 Gallon Foam Ext. _ Each 25. Hydro Test 22 Gallon Foam,, 53 SEP 15 1982 ffl�Mw S .1 nIX I - 1 1 50 me , 51 m -SE 1 f SEP 151982 BOOK 1��. MOTION WAS MADE by Commissioner Fletcher, l' SECONDED by Commissioner Bird, to award Bid #139 for Fire Extinguisher Inspection & Servicing to the low bidder, Vero Beach Fire Equipment, as per staff recommendation. Discussion followed as to the fact that they did not bid on-soda/acid type extinguishers. It was explained that this is no longer an approved type of extinguisher and if we have any remaining, they will not be refilled. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. BID #140 - READY MIX CONCRETE (Annual Bid) The Board reviewed the following recommendation and Bid Tabulation: TO: Board of County Commissioners ®ATE: September 2, 1982 FILE: aa_ THRU: Michael Wright SUBJECT: IRC BID #140 - Ready Mix Concrete County Administrator (Annual Bid) FROM: Caroly Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received August 31, 1982 at 11:00 A.M. for IRC Bid #140 - Ready Mix Concrete. 5 Bid Proposals were sent out, 3 bids were received. 2. Alternatives and Analysis The low bidder was Russell Concrete, in the amount of $37.75 per.yd. for 2,500 p.s.i. Ready -Mix (a decrease of $2.75 per yd. from last years low bid), and $39.20 per yd. for 3,000 p.s.i. Ready -Mix ( a decrease of $2.80 per yd. from last years low bid). - _ _ 54 - 3. Recommendation and Funding It is recommended that the bid be awarded to Russell Concrete. Funds to come from Account #004-214-541-35-33. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION v v j v BID NO. IRC #140 DATE OF OPENING August 31,1982 DID TITLE READY MIX CONCRETE ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PR 1. Ready -Mix Concrete 2,500 p.s.i. Per Yard 42 00 � 38 50 , 37 75 2. Ready -Mix Concrete 3,000 p.s.i. Per Yard 0 40 00 39 20 3. Quantity Purchase without Min. Load Charge Per Yard 5 s 5 ds 4. Less Than Min'mun Load Charge Per Yard 50 00 10/ per d each. less than lyds. SEP -15 1992 ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously awarded Bid #140 for Ready Mix Concrete to the low bidder., Russell Concrete; as per staff rec- ommendation. 55 51 vl_L�' 1$2 SEP 15 19820 5.b�. BID #141 — SOIL CEMENT BASE & LIMEROCK BASE (Annual Bid) The Board reviewed the following recommendation and Bid Tabulation: TO: Board of County Commissioners ®ATE: September 2; 1982 FILE: THRU: Michael Wright SUBJECT: IRC BID #141 - Soil Cement County Administrator Base & Limerock Base (Annual Bid) FROM: Carolyn Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received August 31, 1982 at 11:00 A.M. for'IRC Bid #141 - Soil Cement Base and Limerock Base. 3 Bid Proposals were sent out, 2 Bids were received. 2. Alternatives and Analysis The low bidder was Dickerson, Inc. on all items. 3. Recommendations and Funding It is recommended that the bid be awarded to -Dickerson, Inc. Funds to come -from Account #004-214-541-35-39. BOARD OF COUNTY COMMiSSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BIDTABULATION BID NO. DATE OF OPENING � IRC #141 August 3121982 BID TITLE SOIL CEMENT BASE AND LIMEROCK BASE V_ ITEM NO. DESCRIPTION UNIT UNIT PRICE JNIT PRi 1. Construction of Soil Cement Base Sq. Yard 21851 2 651 2. Limerock Base i . Yard 1 61151 5 140 1 3. Mixed -In -Place Base I I I I I I LI•I'I 56 ON MOTION BY Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously awarded Bid #141 for Soil Cement Base & Limerock Base to the low bidder, Dickerson, Inc., as per staff recommendation. BID #146 - AERIAL LIFT TRUCK The Board reviewed the following memo and Bid Tabulation: TO: Board of County Commissioners DATE: September 7, 1982 FILE: THRU: Michael Wright SUBJECT: IRC BID #146 - AERIAL LIFT TRUCK County Administrator FROM: Carol n Goodri ch REFERENCES: Purchasing Department Manager 1. Description and Conditions The Board approved the purchase of an Aerial Lift Truck at the August 4, 1982 meeting. Bids were received September 7, 1982 at 11:00 A.M. for IRC BID #146 - Aerial Lift Truck. 4 Bid Proposals were sent out, 4 were received. 2. Alternatives and Analysis The low bidder was Signalier International, Sebastian, Fl. in the amount of $22795.15. This vehicle is a demonstrator model with approximately 4,000 miles. New vehicle warranty is provided. Delivery time of 7 days. All specifications were met. 3. Recommendation and Funding It is recommended that IRC BID #146 be awarded to"Signalier Internationl. Funding is budgeted in'Account #111-214-541-66-44.. ;I 57 SEP_. 5 1982 fox:. 51 PAGE '.4 I SEP 15 1982 ''e'AUM nPC f%nl 2145-14tn Avenue Vero Beach, Florida 32960 �o BI.D TABULATION.f , •� ,� 'ys `.; `' o BID NO. D�kTE OF OPENING s� w ^ IRC #146 a .. 7, : 982 �,� �^ �� ty c BID Tt L 1� AERIAL LIFT TRUCK ITEM NO. DESCRIPTION UNIT PRICE UNIT OCEI UNIT PRICE UNIT PRICE UNIT PR 1. (1) AERIAL LIFT TRK 1982 1 Each 24202 00 P2795 15 123888 00 24237 00 Delivery 14-21 Das 7 ys 14 Das 14-21 Days Account #111-214-541-66-44 MOTION WAS MADE by Commissioner Fletcher, SECONDED by Commissioner Lyons, to award Bid #146 for an aerial lift truck to Signali'er International of Sebastian, Fla., as per staff recommendation.. Some discussion ensued about whether this company is a local representative of a larger company, and Mrs. Goodrich stated that it is an independent company which purchases the trucks and installs the lifts. Mr. Davis informed the Board that this company warrants the aerial lift. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PRESENTATION OF 911 PROCLAMATION Commissioner Lyons read aloud the Proclamation designating October 1, 1982 as "911 Day," and presented it to Daphne Strickland as a representative of The Pilot Club, 58 I commending them for their hard work to get this program under way in the County. DISCUSSION RE PROPOSED CHANGE OF INSURANCE CARRIER TO FLORIDA MUNICIPAL LIABILITY SELF INSURERS PROGRAM Finance Director Barton informed the Board that he has been informed that the figures used in the budget for insurance were just ball park figures, and Risk Manage- ment Services will be working up some new figures. There are also two additional items that need to be considered. He suggested that the Board defer this item until further figures can be obtained and expand the agenda of the Special Meeting to be held on September 22nd to include a decision regarding insurance. MOTION WAS MADE by Commissioner Fletcher, SECONDED by Commissioner Lyons, to defer discussion re a proposed change of insurance carrier to the Special Meeting of Septem- ber 22, 1982. Commissioner Lyons wished to ascertain that the cost for insurance will not exceed what we have in the budget, and Mr.. Barton confirmed that it will not. Question arose about the Errors and Omission coverage for public officials, which was shown'as $500,000 on one policy and one -,million on another, and Mr. Barton explained that currently we have just the basil liability and do not have an umbrella policy. Risk Management proposes to go to a base policy for liability and purchase the umbrella, -and Mr. Barton favored keeping the base policy as small as possible and buying the excess umbrella coverage. .) THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 59 j1( 51 PAGE 3 6 SEP 15 7982 11 S € P 151992 tic.' Chairman Scurlock noted for the record that while he was a member of the Vero Beach City Council, he served on the Board of Directors of Risk Management, which was an unpaid job. DISCUSSION RE UTILIZATION OF DOUGLAS SCHOOL Administrator Wright reviewed the following memo: TO: The Honorable Members of DATE: September 8, 1982 FILE: Agenda . the Board of County°Commissioners September 15, 1982 THRU: Michael Wright SUBJECT: Douglas School County Administrator FROM: Lynn WilliREFERENCES: Acting Gen ervices Director DESCRIPTION AND CONDITIONS At the August 18, 1982 meeting of the Board of County Commissioners, Staff was directed to seek public input regarding a proposal by the Department of Corrections to obtain the Douglas Elementary School for a youthful offender -facility. Staff attended, (along with Commissioner Wodtke) a meeting held Angust 31, 1982, by the Wabasso Civic League concerning this matter. The Civic League stated total opposition to the D.O.C. proposal. Pars. Margaret Ingram, President of the West Wabasso Civic League, requested an opportunity to submit a proposal for utilization of the School Site, including possible funding and an outline of the control of the facility. Presently we are faced with a facility, recently vandalized, which will require considerable funding to operate and control. Attached is an outline of projected monthly expenses associated with the School Site being used as a community resource center. (Attachment A) . Alteration and repair costs are projected,, (Attachment B) to return the facility to a usable condition, no additions to the electrical system, air conditioning or painting is included in the capital outlook for renovations. The County may be faced with additional expenses to up -grade the electrical system if major alterations are proposed to the re- mainder of the facility. ALTERNATIVES AND ANALYSIS A. Community Resource Center Concept Offer space for lease in the complex for approximately $2.00 per square foot to Community Service organizations including Florida Community Health Center, E.O.C. and other similar organizations. This rate would be for operating expenses only and would not generate an excess of funds for capital improvements. _0 "Attachment All outlines expenses for operation of the complex under this set up. Each lessee would be responsible for interior and exterior maintenance of the building or area of the building they lease. Major maintenance repair to the water or sewer system would be assumed by the County and funded through lease rate. Staff recommends including the expense of a security guard's living expenses in the operating budget, i.e., pay utilities for guard to live on premise, possibly in mobile home. Alteration and/or renovation costs to return the facility to a usable state for this purpose will be approximately $25,000. General Services Department and the County Attorney would.coordinar.e lease .administration for the complex. B. Lease of Entire .Faci.lity To One Organization Approach Florida Community Health Center with a proposal to lease the entire facility, with the exception of the Cafeteria-, to them for a period of five years, or longer. The Cafeteria, with minor alterations could be modified to a Community Center for the Wabasso area. Staff would recommend the Civic League be responsible for furnishing the cafeteria with required equipment. A longer term lease would allow Florida Health to invest more funds in alteration costs. This was a major concern in the original discussion. Florida Health would be required to make repairs made necessary by the recent vandalism. This concept will greatly reduce the actual building area the County would be responsible for. Staff recommends Florida Health provide electric, water and sewer to the Cafeteria at no cost to the Wabasso Civil League in exchange for a lower lease rate from the County. Florida Health would be responsible for maintenance of the buildings, water and sewer plants, and grounds surrounding the building (withi% fenced area) . Capital expenditures would not be required for this concept. C. Refusal of Quit Claim Deed Since the Board originally voted to accept the Quit Claim Deed for Douglas School, before we began budget hearings, we may wish to address the advisability of accepting the facility. Funding for needed improvements is the major problem with acceptance. Operating expenses would need to be allocated in appropriate funds for control and disbursement. RECOMMENDATIONS AND FUNDING Staff makes no recommendation for utilization of the facility and stands ready to implement the Boards decision. ATTACHMENT A DOUGLAS SCHOOL PROJECTED OPERATIONAL COSTS Based on User Maintained MONTHLY UTILITIES $400 -- 500 Electric Chlorination 50.00 Sewage Testing 61 SEP -15 1982 ENTIRE FACILITY Without A/C (Water & Sewer) (Private Firm) SEP 15 198 Required Services 100.00 Maintenance Water and Sewer .P,lants i Bathrooms 300.00 Mowing 90.00 Insurance (Liability) Required -Supplies 50.00 Bathroom Supplies .Paper Cleaning Supplies Security Guard 150.00 Utilities Total Monthly Expenses. $1140 - 1240 Total Annual Operating Expenses $13,680 - 13,780 ATTACHMENT B RENOVATION EXPENSES Cost not available - Relocation of Frame Structure Cost not available - Electric Service Changes $15,000 - Heating System Replacement 7,000 - Plumbing System Repair 1200 - 1500 - Window Repairs $23,200 - 23,500 - Total Expenses Considerable discussion ensued as to the advisability of accepting the Douglas School Building, and Chairman Scurlock questioned why the Commission should get involved as a third party since it is the School Board's property and they could enter into a relationship with any group. He was confused as to how we got involved in this in the first place, and noted that now that the Department of Corrections has entered the picture, as well as the Health people and the EOC, it is a confusing situation. 62 Acting General Services Director Lynn Williams commented that the Board first addressed this matter before budget hearings, at which time we found out we weren't in shape to handle such expenses. He believed the estimates for repair as well as for operating expenses are conservative, and favored the idea of giving this facility back to the School Board. The extent of the vandalism to the windows, the pipes and the boiler, etc., was next discussed and concern expressed that it became so extensive before anyone was aware of it. Commissioner Fletcher felt the fact that the School Board removed a good deal of equipment from the facility had a demoralizing affect on the people of the community, who felt the building was being stripped. It was noted that the only things removed by the School Board were kitchen equipment and playground equipment, and that may have been necessary from a liability standpoint. Commissioner Wodtke, who has been working with the School Board on possible arrangements in regard to accepting this facility, reviewed the many facets of the situation, i.e., the offer of the property by the School Board; the presentation made by members of the West Wabasso community who desire to make use of part of the facility; the Board's indication that they were receptive to the proposals made both by the School Board and the community members; the recent proposal made by the Department of Corrections re use of the facility and the opposition of the community; the vandalism and the problem of renovation of the buildings, etc. Commissioner Wodtke informed the Board that the community members would like to have access to and use of the wooden classrooms and the cafetorium only, and it would be his recommendation that the health group have access to all the other structures providing they have the renovation 63 S E P:15 1982 , 51 ?A;E 320 S'EP 15 1992 s®oK '51 PnXI money and maintain the water and sewer plant and utilities throughout the entire complex. He continued that he would prefer it if the School Board could dispose of this facility directly without involving the County, and he would hope that the community itself ultimately would have complete control of the buildings they want. Commissioner Bird asked if the School Board was taking a position as to whether or not they would be willing to bring the buildings back to the state they were in previously. Dr. Burns informed the Commission that the School Board participates in a self-insurance pool and this would affect their premiums, but they do feel a moral obligation not to turn this facility over in its present state of disrepair since the Commission did not agree to accept it until October 1st. They certainly could replace the windows,. but how much they would get into replacing the plumbing, etc., he could not say. Commissioner Fletcher asked if the County Commission has any more leeway than the School.Board in turning this facility over to the community, and Attorney Brandenburg did not believe so. Dr. Burns explained that from the School Board's perspective, the County Commission is the governmental entity in the business of owning properties which the public can use for other than educational purposes while the School Board is concerned only with the education business. There is no problem with the School Board giving this facility to another governmental entity, but he felt they could run into complications trying to dispose of it otherwise. Discussion ensued as to removal of the reverter clause, and Dr. Burns explained that the clause in regard to the property automatically reverting if ever used for other than public purposes was not removed; the clause in regard to 64 reserving the right to use the Douglas School facility for the next four years was removed since it would be too expensive to renovate the building for school purposes, and it was not felt there will be any need to get back into that building for a short term. Discussion continued at length in regard to the advisability of accepting the Douglas School complex and then leasing or quit claiming it to a non-profit entity in the Wabasso community and also in regard to the large responsibility this would place on the community. Margaret Ingram, President of the West Wabasso Progressive Civic League, came before the Board and reviewed the following proposal for use of the Douglas School facility. September 24, 1982 Dear County Commissioners: The West Wabasso Progressive Civic.League, fully support the Medical Health Center's proposal for partial use of the Doug-. las facility. We feel that this program along with our pro- posal for a community resource will be a great asset to this community. Particularly to the most needy. The West Wabasso Progressive Civic League encourages the County Commissioners to accept the Medical Health Center's Proposal in conjunction with the West Wabasso Progerssive Civic League's Proposal for the use of the Douglas School. Sincerely, Margaret Ingram Civic President PROPOSAL FOR DOUGLAS SCHOOL THE WEST WABASSO PROGRESSIVE CIVIC LEAGUE REQUEST THE USE OF THE OLD BUILDING AND THE CAFETERIA FOR IMPLEMENTATION OF THEIR PROGRAM. OLD BUILDING. THE OLD BUILDING CONSIST OF THREE TO FOUR _ CLASSROOMS, A LARGE OPEN SPACE WHERE THE LIBRARY USE TO BE: - - - - -STORAGE:- -MEN -AND-: WOMEN-RESTROOMS: USE, OF OLD BUILDING: Y. SENIOR CITIZEN ROOM 9. LIBRARY 3. ART'AND CRAFTS CLASSES _ SCOUTS (BOYS AND GIRLS) 65 zoic 51 PA;E 322 SEP -15 1982 S E P 15198'ax, pati • 5. EDUCATION CLASSES__�ADULT EDUCATION) 6. SATURDAY DAY CARE CENTER 7. TUTORING PROGRAM 8. TEEN ORGANIZATION (BOYS AND GIRLS CLUB) USAGE FOR CAFETERIA: PRIMARILY FOR FUND RAISING ACTIVITIES AND SOCIAL GATHERINGS FOR THE UPKEEP OF.THE COMMUNITY RESOURCE CENTER. 1. Fund Raising Dinners 2. Community Plays 3. Community Choir 4. Art Shows 5. Sock Hops - - 6. Movies 7. Banquets 8. Registration and Voting Precinct 9.. Group Meeting 10. Fashion Shows 21. Public Speaking (Community Awareness) - 12. Workshops PROCEDURES FOR MAINTENANCE AND UPKEEP . The person in charge of the program will be responsible for cleaning and maintaining the facilities. The Wabasso Civic League has an agreement with Mr. William Minnis, (construction and repair), to do all major repairs and alterations. We have an agreement with other civic members for maintenance and upkeep of the lawn and grounds. DTACRAM OF DOUCIAS SCHOOL S Re-Mreaa%1. • CiQfSre.w+ 1elasswouw► 1 • $ rage is } •f 1 � 1 I a: w'wi�i� ��..� � liw9Sc6ows: CiA�St6vrrs i Ctalyei i etaattoov^ t d'lassr...w. t4a1! wa•.� 0 i '1 S I ~(rialLS� vcsi:b•1c C�as3+g�rtw � C a �Jr Irltrw f> • w N .wt•� Qa�ti� The West Wabasso Progressive Civic League request the use of the enclosed area for the Community Resource Center. *NOTE: Also, all property south of the cafeteria for playground and sports activities (recreational). 66 R W Mrs. Ingram explained the various programs in detail, noting they,no longer have a mobile library. She felt the proposed Day Care Center could charge a small amount and the cafeteria would be used for fund raising activities; they have set a goal to raise $2,000 in October. Mrs. Ingram emphasized the number of people present at the meeting today who missed work in order to demonstrate their support of these programs. Mrs. Ingram then read a list of the reasons they want to preserve the old school, which document was made part of the Minutes of an earlier meeting. The diagram attached to their proposal outlines the portion of the facility they desire, which is the oldest structure. Various members of the Board stressed to Mrs. Ingram their feeling that if the community desires the use of this facility, they will have to take over the entire complex, not just part of it. It was noted that while the operating expenses are substantial, the community would be able to negotiate with the medical group in this regard. Mrs. Ingram reported that even though they do have retired people within their group who are willing to work on running this facility, they cannot afford to take on the whole site. She stated that they do stand firm on wanting part of it and asked if the Board could give them time to meet with the Health group. Commissioner Lyons made the point that if the Health group can contract with the County, they also can contract with the Civic League to use a part of the facility. He did not want the County to be halfway in this situation. Daisy McCoy appeared representing the Community Health group and informed the Board that the Florida Community Health Service would like the County to deed them the entire property with the understanding that the cafeteria would be utilized by the community of Wabasso. They would like to utilize the old school building to operate their health 67 SEP 15.1952 may, 51 PA -K 3 -4 I SEP 151982 1 51: t 4.9N center and perhaps lease the classrooms at a minimum fee to other groups. The other option would be to deed the Health Service the old building only or the concrete building only, but they would be willing to accept the entire complex. Ms. McCoy reported that their executive committee has tentatively approved $40,000 for renovation of the complex with the understanding that the School Board would assist with replacing the windows and install single heating units in each room since they felt it would be too expensive to replace the heating system which was completely vandalized. Ms. McCoy emphasized that even though they would lease part of the facility to other agencies, it would not be a profit making venture - just provide enough to defray some of the bills. Considerable discussion followed as to various alternatives, i.e., whether the Community Health Group would be willing to accept a lease for the concrete structure only; whether they would assume maintenance of all facilities in lieu of not having to pay rent; whether they would be willing to negotiate with the citizen's group in regard to use of the concrete structure if this property were deeded to that group, etc. Commissioner Lyons noted that if we were to accept this property from the School Board right now, there is nothing to prevent us a month from now telling the School Board that we no longer want it. He suggested that we go ahead and accept it and ask the West Wabasso Civic League to get together with the medical people and come back with a proposal. Ms. McCoy informed the Board that they requested Mrs. Ingram to meet with them two weeks ago; their main office is in West Palm and they have been traveling here about twice a week for the last month. Ms. McCoy emphasized that they have the money, but they cannot continue to sit on it and 68 not do anything with it. It is costing them money to keep their mobile unit on the road. She noted that they serve over 2,000 people in this area and believe they can triple that number. The Board continued to discuss various options re leasing or deeding the subject property, and Ms. McCoy asked if the Board was saying that they would not be interested in deeding or leasing the entire complex to her group. It was indicated that that was the general feeling of the Board. Commissioner Wodtke asked if the medical group would bid on the Douglas School if the School Board were to sell it, and Ms. McCoy explained that the money they have is earmarked for renovation and upkeep and they cannot purchase a -building at this time. Commissioner Bird commented that because he is not in favor of deeding this property 100% to the Health Service does not mean he is not entirely in support of their organization. He now felt that possibly the County should accept the facility and work out an arrangement with the West Wabasso Civic League and a separate arrangement with the Health people. Commissioner Fletcher asked if the Civic League desired the building more for their own uses than for the health program. Mrs. Ingram stated that they definitely want the health program, but now it seems that group is put in first place which the Civic League does not like. Commissioner Fletcher noted that he would like to -put the Civic League in the top position, but he did not feel the two groups are communicating too well. Mrs. Ingram explained that when the Health people Elm M x . 51 PkoE 32,6 P 15 198 ado . pkii327 SEP 2 .. wanted to talk, she was very busy with elections, and so far i• they have not been able to get together. Chairman Scurlock felt the bottom line is that the Commission is receptive to the community and would prefer that they be in charge of the facility totally and have the ability to work with the Health agency and come to whatever agreement they can to defray some costs. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke to accept the Douglas School property from the School Board with the understanding that some repairs will be made to put the property in usable condition; and to make an arrangement with the West Wabasso Civic League, either by lease or some other legal means, for them to use the total facility for community purposes, with the understanding that they can sublease for public purposes and that whenever they no.longer are using the property for public purposes, it will revert back to the County Commission for disposal. Commissioner Wodtke agreed that he would like to deed the whole facility to the Civic League, but he did not want to put them on the spot because they cannot accept the total cost package. Commissioner Lyons noted that they are mature, responsible people, and it hasn't cost them anything yet. He felt we should let the ones who are going to run it get together with those who want to rent it and make their own decisions. Discussion continued on the problems involved, and the Board asked the Civic League if they wished to accept the entire operation based on whatever they can work out with 70 Dr. Burns in regard to some renovations. It was pointed out that this would put the League in a position to negotiate directly with the others, and in the event things cannot be worked out satisfactorily, they can always say they don't want the buildings. Reverend Floyd asked why they have to accept the entire complex or nothing, and Commissioner Fletcher pointed out that it is hard to divide what is hooked up electrically, etc., and noted that although they would be taking on a heavier load, it would give them more opportunities to work things out. Jeannette Ridgewater spoke in favor of the community taking on the entire operation because it will provide them with more opportunities. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. WELFARE BUILDING RENOVATION Acting General Services Director Lynn Williams reviewed the following memo: TO: The Honorable Members of DATE: September 9, 1982 FILE: Agenda the Board of County Commissioners September 15, 196 THRU: Michael Wright County Administrator SUBJECT: Welfare Building Renovation Cost FROM:Lynn Williams, REFERENCES: Acting General Services Director As directed by the Board at the September 1, 1982 meeting, County Attorney, Gary Brandenburg and this writer met with Judge Stikelether on September 3, 1982, concerning the possibility of making certain modifi,catioAs or alterations to the Welfare Building to allow County Court proceedings to be held there. General discussion centered around what the Judge felt would be necessary and acceptable. We agreed to discuss, with the Judge, 71 SEP 15 1992 max , 51 PkeE 3-)8 SEP 15 1982 Box 5 . Pnt ,!Z9 the list of proposed alterations before presenting it to the Board. This is to insure a firm understanding of what hel-considers essential. Listed below please find projected costs associated with this project: PROJECTED COSTS WELFARE BUILDING ALTERATIONS $1500.00 Demolition of interior walls to allow a Courtroom approximately 12 feet by 50 feet; seating capacity approximately 50. Patch walls where demolition occurs. Paint one coat latex paint as approved by Judge Stikelether. 1300.00 Paint exterior of building as approved by Judge Stikelether. 350.00 Dropped ceiling in area presently used as office. 300.00 Paint office area area with paint approved by Judge Stikelether. 1200.00 Replace present room air conditioner with units equipped with heat (3 units). $4650.00 Total Projected Costs Mr. Williams reported that he has reviewed these alterations with Judge Stikelether and also checked them with the City Planning Department, and they will require minor site plan approval. He noted that the Judge originally did request siding, but the Building Department will not allow that because of the location of a frame building in the fire district. Mr. Williams continued that all painting is contingent on obtaining approval from Judge Stikelether re the type of paint to which he can be exposed. The main costs are associated with demolishing interior walls to allow enough room to hold court with a maximum of 50 people. The Judge says he can split his plea days up. The problem of obtaining adequate parking space, which is necessary for site plan approval, was brought up, and it 72 was noted that the City will not consider on -street parking as part of the approval. Questions ensued as to the soundness of the present structure, seating arrangements for prospective jurors, etc. Commissioner Bird wished to know when the carpet installation in the present Courthouse is going to be complete, and Mr. Williams reported that it is installed now and was used for Small Claims Court last Wednesday. Discussion continued in regard to the proposed renovations, and Commissioner Lyons questioned the projected cost of $4650, noting that we do not really know about the parking problem, which could evolve into a major item. Attorney Brandenburg read to the Board a letter sent to him by Judge Stikelether's attorney, as follows: LAW OFFICES CONE, W&owE$, NUGENT, JoHigsow, IIAZOIIB.I SC ROTH ALJ.CONE PROFESSIONAL ASSOCIATION WARD WAGNER, JR. CHARLES A. NUGENT, JR. 507 NORTH OLIVE AVENUE ROBERT R.JOHNSON FRED A. HAZOURI POST OFFICE BOX 3466 DAVID ROTH WEST PALM BEACH, FLORIDA 33402 FLAGLER CENTER OFFICE ROBERT C.ROSS JOHN F. ROMAS O TELEPHONE (305) 655-6100 501 SOUTH FLAGLER ORIVE,SUITE 202 EDWARD M. RICCI CABLE• MCOWN WEST PALM BEACH. FLORIDA 33402 LAWRENCE M. KUKEY BARBARA J. PARIENTE TELEPHONE (305) 655-6100 LOUIS MARC SILBER MICHAEL A. NUGENT M ELINDA PENNEY GAMOT RICHARD A. KUPFER MICHAEL D.ERIKSEN A. CLARK CONE September 3., 1982 N,f5! 8,91 Gary Brandenburg, Esquire County Attorney Indian River County o c� County Administrative Complex OpF;�c Vero Beach, FL 32960 �'9 Re: Judge Stikelether Dear Mr. Brandenburg: This is to confirm our telephone conversation on today's date con- cerning Judge Stikelether and the temporary quarters he is now occupying. The Judge would be amenable to remaining in the temporary quarters on a permanent basis if alteration can be made to accommodate a jury trial situation. The Judge is not interested in costing the County a.lot of money on this and would be satisfied with the bare essentials4necessary to accommodate the jury trial function. What he is interested in, of course, is making sure there are no mate- rials put into the building which will jeopardize his health. He would need to be able to pass on any materials proposed to be included. 73 SEP 151982 tvo 51 m3 3 SEP 15 1952 ' a®o 51 c P1; In return for your efforts to get alterations made in the temporary quarters, the Judge would, of course, agree to make no reference to any proposal to alter the building as an admission of ligbility in any civil case that the Judge might bring later on. The Judge would also agree not to include, as a portion of any.future lawsuit, any prayer to have a court order the renovation of the main courthouse building or the administrative complex. I hope this has been of some use to clarify our respective positions. If you have any questions, please contact me. I hope your efforts to present this to the County Commission meet with success. With kindest regards. Sincerely, MICHAEL D. ERIKSEN Commissioner Bird noted that unfortunately the Judge is not the only one involved in a jury trial - there are citizens, jurors, attorneys, etc., and we are asking them to be a part of these proceedings in a facility, which he did not feel is representative of Indian River County. It has inadequate parking, inadequate restroom facilities, bare bone walls, etc. Lengthy discussion continued as to the possible need for additional restrooms, and it was stressed that we do not actually have the complete picture of what is involved and what the total cost might be. Since these alterations are to be subject to the approval of the Judge, Commissioner Fletcher felt it should be made very clear whether the Judge just has to okay the alterations or whether we have to prove that they are not harmful to him. He also doubted that the projected $4,650 represented the total cost involved and did not feel the Board could make a judgment without knowing everything that will be involved. The length of time that would be needed to obtain site plan approval was discussed, and it was noted that we have not had any indication that the Judge is going to try to use the renovated County Courtroom. It was felt that a letter should be sent to Judge Stikelether advising him that 74 these renovations have been completed and the courtroom is ready for occupancy. Veterans Service Officer Jerry Cook came before the Board in behalf of the Disabled American Veterans to introduce Commander Robert Clark who wrote the following letter: TO: CFIAI101AN DATE: 8 Sep 82 FILE: BOARD OF COUNTY COMMISSIONERS Indian Ruver County SUBJECT: Request to be Heard FROM: DISABLED A=, i is w-,TERAuREFERENCES: CHAPTER 34 Vero Beach, Florida 32960 1. It has been brought to our attention that the (former) Welfare and County Veterans Services Office is to be discussed on the agenda of the meeting scheduled for Wednesday, 15 September 1982. The building now houses the. (sometime) offices of COUlV'TY JUDGE GRAHAM W. STI=H=11, JZ, and it is our understanding that he desires'to continue using this building for an indeterminate period. 2. Inasmuch as this organization has requested to lease the same building; and had ostensible approval of the Board of County Commissioners, with only the "term of the lease" to be decided and approved - and then with- drawn to permit the use of the building by the aforementioned JUDGE S.0 THER- it is our desire' to be heard on this issue. 3.. While it is realized that the Board of County Commissioners has not one scintilla of obligation to furnish the Disabled American Veterans quarters for our meetings or our Bingo Games, or our Bar, or our church meetings, or our open.bible rituals - or for anything for that matter; it is felt that one's word should be his bond - whether as a group or singly - and we feel that this has not been the end result of our request for use of this building, the totality of the issue at hand. 4. It certainly was not the obligation of the.Vero Bea c h"* y Council to give (outright) to the Veterans of Foreign Wars the acre,4o prince land that now houses that entity. Yet, this organization now is comfortably and permanently ensconced in these donated quarters. We did not ask for a donation, as we offered to pay every utility bill for the building, plus, what we believed to be a reasonable offer, rental to -the coffers of our county. 5. One spokesman will b- dl�sign.ated, and will require approximately 15 minutes to place our sentiments on record. 6. Please advise. .1 ROBERT S. (Skip) CLARK r, Commander DAV Post 3.4 75 S ix 51 � �- 312 SEP -15 1992 SEP 15 1982- max. . 51 PAGE P Mr. Cook emphasized that this particular Lodge has been without a lodge home since its inception 34 years fi ago. He then reviewed at length the history of the DAV's request that they be allowed to lease the Welfare Building. Commander Robert Clark confirmed the DAV's disappoint- ment and disillusionment upon learning that the Judge apparently will be making permanent use of the Welfare Building, for at least two years. He informed the Board that even though it had been indicated that the DAV might be allowed to lease this building to aid them in their efforts to establish their own home, the DAV is now taking the Commission off the hook and asking that their request to_, lease the building be withdrawn. They realize this Board has no legal obligation to furnish them with quarters, and they are taking their request to the Vero Beach City Council. The Board expressed appreciation of the DAV's attitude, but stated that while they felt the DAV should pursue their option with the City, they would like to have them keep their option open with the County as the use of this building might prove to be a viable alternative sometime in the future. Veterans Service Officer Cook commented on the parking. problem at the Welfare Building and felt there would be a problem getting the VFW to allow a use of their parking facilities because they are open daily from 10:00 until 2:00. He then informed the Board that the City of Vero Beach has five acres across from the City cemetery, and he believed they will give the DAV one acre. Commissioner Lyons felt that would be fine and stated that he frankly would have trouble with the DAV having a permanent use of the Welfare Building because, as the County grows, the Health Departmentwillhave to be expanded. 76 i Chairman Scurlock asked if it still is the Attorney's recommendation that we avoid any legal action, and Attorney Brandenburg was of the opinion that the Commission should take a further look into the cost of the renovation and then determine if they feel it is a justifiable expense. Commissioner Lyons stated that he would like to instruct the Administrator to come back with more complete costs for the proposed renovation of the Welfare Building as requested by the Judge. Chairman Scurlock stated that he would like to have a comparison of the costs actually connected with demanding the Judge return to his quarters and the expenses which would be incurred in providing other quarters. He noted that we have directed the Administrator to write the Judge that the Courtroom has been renovated and is ready for occupancy. It was agreed that the Administrator should check into costs and work with the City to determine what is required for site plan approval on renovations to the Welfare Building. CHANGE ORDER FOR THE COUNTY JAIL Architect John Calmes was present, and Public Works Director Davis proceeded to discuss the proposal made by White Electric for work at the County Jail. He felt the County crew can do some concrete work to reduce this cost and noted that we also can delete some light fixtures which would give us the flexibility of saving $2,742. Taking these factors into consideration, the change order for the new amperage service would result in about a $1,500 difference. Mr. Davis stated that they would like to negotiate this price with the contractor, and he believed they can break it down to some extent. He noted that the impacts of not acting on this change order today would be to 77 SEP 15 1982 x 51. A.GE� P SEP 15 1992 , 51 mt E delay the air conditioning contractor, who needs to test the equipment that has been installed. h ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously authorized the Public Works Director to negotiate a change order with the Contractor with a net effect not to exceed $1,500.00. PROJECT: 8122 -Improvements to Indian River CHANGE ORDER NUMBER: 8122-05-02 (name, address) County Jail T Bid Item No. 5 Electrical INITIATION DATE: September 15, 1982 TO (Contractor) : ARCHITECT'S PROJECT NO: F Paul White Elctric, Inc. 602 6th Avenue CONTRACT FOR: Electrical Work Vero Beach, F1. 32960 I CONTRACT DATE: July 12, 1982 You are directed to make the following changes in this Contract: 1) Install a new 225 amp, underground electrical service to the air conditioning panel at the County Jail. The new meter and 225 amp main to be located on the north side of the existing generator building. County to excavate ditch and cut, remove, and restore concrete. Add. 2) Delete 225 amp Circuit Breaker Delete 3) Delete four (4) type B fixtures in Deputies Room Delete Total Additional Contract Cost $3,809.00 $ 173.00 $2,742.60 $ 893.40 Nut valid until signed by both the Owner and Architect. herewith, the Contract Sum e� Contract Timi, Signature of the Contractor indicates his agreement including any adjustment ,n or The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ 21Y784.00 15 o a Net change by previously authorized Change Orders ................................... $+ 1,160.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ 22,944.00 l s m 1 he (Contract Sum) QQDQ@@00=9@@000CW will be (increased) (cam OU@b@Q= 893.40by this Change Order......................................................... $ The new (Contract Sum) including this Change Order will be $ 23 837.40 "s rn °x --- \ ... � �- E� • � The Contract Time will be (?� r > ) (unchanged) by ) Crbiy The Date of Substantial Completion as of the date of this Change Order therefore is =. ;q al Q% s Auth:k- .. L Jr. ARCHITE( T CONTRACTOR OWNER r Address Add( -15 Address / I / BY . DATE l)All l ' 1� 1 �� Z DATE %�Z4 a 78 The Board thereupon recessed at 12:00 Noon for lunch and reconvened at 1:30 o'clock P.M. with the same members present. APPEAL BY REALCOR CO. OF PLANNING & ZONING COMMISSION DENIAL OF REZONING REQUEST 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 -JOURNALS SEP 1982 Published Weekly (90',L�t_ Vero Beach, Indian River County, Florid60ARD OF COUNTY COMMISSIONERS , COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr.'`�n7htr'�fi o th 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 ( -/I l a I 6 cQ / r 1 7 in the matter of x. 0 6 - '70 In the Court, was pub- lished in said newspaper in the issues f Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpsse of securing this adver- tisement for publication in the said newspaper. ' Sworn to and subscribed b fore y�e this day of A.D. �� n (SEAL) Manager) (Clerk of the Circuit Cou ,/Indian River County, Florida) 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 oflndipp River County, Florida, which .changes and additips are substantially as follows: 1. That the Zoning Map be changed In order that the following described property situated on 'the southwest Intersection of SR 60 and -Interstate 95, Indian River County, Florida, to - wit: . Parcel "A" —.Parcel 1: All of Tract 10, less and except the west 10 acres, and less and except the east 20 acres thereof, lying west of I- 95 Road -Right -of -Way, Section 3, Township 33 south, Range 38 east. Parcel 2: Tracts 15 and 16, lying west of 1.94 Road -Right -of -Way, Section 3, Township 33 south, Range 38 east. Parcel 3: All of Tracts 2 and 7, and Tracts I and 8, lying west of 1-95 Road -Right -of -Way in Section 10, Township 33 south, Range 38 east. All according to the plat of the Indian River Farms Company,: filed in the offices of the Clerk of the Circuit Court of Saint Lucie County, Florida, in Plat Book 2, Page 25; said land now situated, lying and being in Indian River County, Florida. . Parcel "B": The west 10 acres of the east 20 acres of Tract 10, Section 3, Township 33 south, .Range 38 east, according to the plat of the Indian River Farms 'Company, filed in the office of the Clerk of the Circuit Court of Saint I, Lucie County, Florida, in Plat Book 2, Page 25; said land now situated, lying and being in .Indian River County, Florida. Be changed from. A, Agricultural and C-1, Commercial to R -IMP, Mobile Home Park. 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 the County Commission Chambers of the - County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Wednesday, September 15, 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 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 Aug. 27, Sept. -8,1982. ..The Board reviewed memo of Planner Janis Johnson as follows: 79 c 51: N.6�s16 SEP 15 1982- 51, TO: The Honorable Members of the County Commission THROUGH: Michael Wright County Administrator DEPARTMENT HEAD CONCURRENCE: a _V 6_0.%�J A01- - - - 0!0//_ atric ruce King, A I CFROM: Janis Johnso Staff Planner �. 6 DATE: September 3 , . 1982 FILE: IRC-ZC-82-13,#460 ii REALCOR COMPANY APPEAL OF A PLANNING AND ZONING COMMISSION SUBJECT: RECOMMENDATION TO DENY THEIR REQUEST TO REZONE +135 ACRES FROM A-AGRICULTURAE AND C-1, COMMERCIAL TO R-1MP, MOPILE'. HOME PARK 'REFERENCES: It is requested that the data herein presented be given formal consideration by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: The applicant is appealing a 3:.1 vote by the Planning and Zoning Commission to recommend disapproval of the request to -rezone a +135 acre parcel from A -Agricultural and C-1, Commercial to R--lMP, Mobile Home Park. The subject property is located on the southwest corner of SR #60 and I-95. The configuration of the subject property includes a 200 foot boundary on the south side of SR #60 along the southbound entrance ramp onto I-95. The parcel extends approximately one mile along the west side of I-95. There is. a 490,000 square foot lake formed from a borrow pit. The site is presently undeveloped and contains scattered vege- tation. There are two, single-family residences and a utility tower located on SR #60 west of the subject property. The area directly to the south and adjacentAto the west boundary of the subject property is in agricultural use. On the north side of SR #60, approximately 600 feet west, is an abandoned gas station on a 1.3 acre site. Although -no residences have been built, Vero Tropical Subdivision is platted on the north side .of SR #60, -opposite the subject property. '.-Che- New 'Hibiscus Airport is -located -approximately, 2 , 000 Feet to the west of the subject property. This public airport has a 3300 foot x 160 foot runway with an orth-south orientation. There are hangers and offices located at the north end of the airstrip. The airport has lighting facilities for rLight operations. Site_plati Approval wd-g'granted to Ramp Masters and F. M. Morency to locate light manufacturing facilities'west.of the New Hibiscus Airport. The southeast corner of SR #60 and I-95 contains truck stops/ gasoline stations that are located on SR #60 on the east and the west sides of 90th Avenue. A truck wash is located on the west side of 90th, approximately 800 feet south of SR #60. A proposed commercial subdivision is also located on the west side of 90th Avenue, about 1,400 feet south of SR #60. The, Gracewood Fruit Packing Company is located 2,400'fpet south of SR #60 on the east side of 90th Avenue. Lakewood Mobile Home Park lies approximately 2600 feet south of SR #60. The western section of the Park is located between 90th Avenue and I-95. I-95 forms a 327 foot corridor separating the subject property and the mobile home park. 80 DESCRIPTION AND CONDITIONS: (Continued) The subject property is presently served by the County Fire Station #3, located on 43rd Avenue. The estimated Code 2 (sirens used) response time is 5-6 minutes. This time would be reduced after completion of the Village Green Fire Station. That station does not have municipal or County water/sewer service. ALTERNATIVES AND ANALYSIS: The Land Use Element of the Indian River County Comprehensive Plan outlines a policy of limiting strip commercial development by concentrating commercial and industrial uses in centrally located nodal areas. The following general design criteria are listed for industrial uses: 1) Areas of industrial development shall offer direct access to available modes of transportation. 2) Adequate utilities shall be provided in design of the development. 3) Physical separation or buffering shall be provided between most industrial and other uses. The subject property is located adjacent to the I-95/SR #60 interchange. I-95 is a primary shipping and receiving route. Further, the 1981 traffic counts on I-95 (5,445 ADT south- bound, 5,581 ADT northbound) account for only 18% of the total capacity based on Level Service "C". SR #60 provides inter- city transportation services. Based on Level Service ""C:, the present 2, 100 ADT uses only 18% -'of 'the -total oapacity. Thus , the subject property has two major transportation modes readily available to it. The New Hibiscus Airport is also located within the area and offers both freight and commercial air services. The I-95 transportation corridor provides a clear separation between light industrial and manufacturing activities located on the west and the established highway commercial uses to the east. Further, the interchange itself provides a mechanism to prevent a disruptive mix of industrial and highway commercial traffic. There is approximately 1,000 feet of F.D.O.T. limited access along SR #60 which assures development of a frontage road. This frontage road and the limited access design are part of the design criteria specified in the performance standards of the Land Use Element. The scope of the analysis of the rezoning request, includes the nodal (interchange) area and the MD -1, Medium Density area as a whole. The proposed rezoning to.R-1MP, Mobile Home Park, would allow a maximum, gross density of 8 units/acre with a total maximum of 1,080 units. That level of development would increase traffic on SR #60, west of I-95 by 637 total trips both during morning and evening peak hours. This will decrease the exist- ing capacity by 50% based on a policy of maintaining Level "C" Service. This is based on a 100% eastern directional split. In addition to the impact on the total capacity, the proposed mobile home park will mix "residential" traffic with the traffic generated by the highway commercial uses on SR #60 east of I-95 and the industrial uses west of I-95. The majority of the mobile homes are located along the SR #60 corridor east of I-95. There are 3,709 mobile homes in Indian River County (1980 Census, Housing Profile) which represents 12.6% of the total housing units in the County. Mobile homes constitute 9.1% 81 SEP 151952 M fax. 51 •irt E " 8 SEP 15 1992 ALTERNATIVES AND ANALYSIS: (Continued) of the total housing units in the State of Florida!' 51 e The mobile home parks within the MD -1, Medium Density area are located east of I-95. The MD -1 area contains approximately 3,360 acres. Zoning districts allowing mobile home development accounts for 22.6% of the total and are located east of 1,95, The -C-1., Commercial district contains 10.4% and M71, Light 'Industrial has 4.1% of the total. (,See attachment. -#l.) There are 120 acres of the M-1 district located west of -1-95. Thus the prevailing use,,the zoning and the Comprehensive Land Use Plan support and encourage a development pattern which con- gregates the commercial/industrial uses around the I-95/SR #60 interchange. The residential uses are located to the east of I-95 with the majority of mobile home development along SR #60. The existing land use pattern around the interchange includes the location of light manufacturing west of I-95 (Ramp Masters and F. C. Morency). East of the interchange highway commercial uses are the primary use along SR #60. The development of light industrial or manufacturing uses is compatible with the existing pattern,dlong SR #60 and I-95 Interchange. Fuither, the subject property is'designated for commercial and industrial uses; it will relieve development pressure on existing residen- tial, retail/commercial areas and road systems in the eastern section of the County. Utilizing this area as a Commercial/ Industrial node and maintaining a compatible land use mix of the area conforms to good, long-range planning principles as well as meeting the performance standards outlined in the Land Use Element. Although not a central consideration in evaluating this rezon- ing request, industrial and manufacturing development does create employment. It may be -assumed, based on the limitations of the zoning districts, and the definition of the I-95/SR #60 Industrial/Commercial Node, that "export" or basic industry would locate in this area. That type of industry has the highest "urban multiplier". The.following table shows the multipliers for Indian River County's four largest industries by Standard Industrial Catagory (SIC). Industry Catagory Employment Income r'` Sales (Export)- Multiplier Multiplier Multiplier._ Canned, frozen food 3.15 2.32 1.15 products. Printing 1.66 1.62 1.33 Glass, stone 1.75 1.61 1.17 cement products Fabricated metals 1.63 1.54 1.02 x Dr. Jim Goggins - University of Flroida, Institute of Agriculture and Industry. The multiplier represents the number of interrelated.jobs for each industry. For every 3.15 employees in the canned, frozen food industry, one works in the basic, export industry and 2.15 employees work in related or service industries. Thus,for each export job created in that catagory, another 2.15 jobs will be needed to support the "export" industry. _ - 81-A RECOMMENDATION: The subject property is located in proximity to major transport- ation routes and facilities necessary to industrial/commercial development. The proposed R-IAIP district would be incompatible with both the nodal designation and adjacent zoning districts. Based on the foregoing analysis, staff recommends disapproval of the requested rezoning from A -Agricultural and C-1, Commercial to R-1MP-Mobile Home Park. Attorney Samuel Block came before the Board repre- senting Realcor Company and requesting a 60 day extension of this public hearing. Mr. Block was critical of the Planning Department and their facts and stated that the Planning & Zoning Commission made a decision based partly on a letter written by Mr. Brown of the Florida Department of Transportation containing erroneous information and Mr. Brown has since confirmed this to him in a second letter. Attorney Block further noted that the PRESS JOURNAL printed an editorial based on the same erroneous information given the Planning & Zoning Commission. Attorney Block's second point was the lack of standards regarding mobile homes and his belief that this has become a political issue. Mr. Block further felt that the Planning Department refuted the applicant's letter with unfounded statements. He noted that the appeal proceedings is almost like a.court of law, and based on the facts he just presented and the erroneous editorial, he requested the Board grant a 60 day extension to get this matter out of the realm of politics and also to set some objective standards re mobile homes.. Chairman Scurlock asked if Mr. Block was requesting that we have workshops and go back all the way to the stage of the Planning & Zoning Commission hearing with proper information or if he was just asking the Board of County Commissioners to go ahead with the appeal process after a 60 day extension. II� SEP 15 1982 82 51 PAGE340 SEP 15 1992' �� . .51 R46t 341 Attorney Block clarified that he was simply asking for the appeal provision, but he wished to present the second letter so the Board could be acquainted with all the facts. Attorney Brandenburg felt the appropriate procedure would be to adjourn the public hearing today -and then proceed with the appeal. He did not feel the Board should, require the Planning & Zoning Commission to have another hearing, which he felt would seta bad precedent. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the public hearing on the Realcor Co. appeal of rezoning denial be adjourned for 60 days. Attorney Block requested that the Board direct the Planning Department to develop standards according to his suggestion, and Commissioner Lyons noted that the Administrator is present at this meeting; he has heard Mr. Block's charges, and will act accordingly. Commissioner Fletcher commented that he was not aware of any political pressure re this matter, and it was his feeling that after all letters of input and expertise are reviewed re projects such as this, that it simply boils down to a question of what impact there will be on people in the future as a result of the location of.this facility. Com- missioner Fletcher asked if Attorney Brandenburg felt the proposed Motion is necessary in order for this Board to make a binding decision. Attorney Brandenburg stated it clearly is not necessary for the Board to postpone the hearing, but they have the discretion to do so, if they wish, so that both staff and the applicant can gather more information. Commissioner Lyons commented that he did not feel any political pressure either, but since it appears the 83 4 applicant feels he has been unfairly treated and questions have been raised as to the validity of the information on which the Planning & Zoning Commission based their decision, he was willing to give the applicant the benefit of the doubt and allow them another 60 days. Chairman Scurlock noted that he has had a serious concern in regard to the net effect of the mobile home community on the county; there has been a suggestion that they generate less taxes and higher demand for services, and he felt we need documentation as to whether we have the accurate facts. Commissioner Fletcher stated that his question relates to the quality of life, and he believed he has enough information about that today. Commissioner Wodtke agreed we should have all the facts and be sure that this has been properly presented. He stated that he relies heavily on the recommendations made by the Planning & Zoning Commission, however, and since this is not going to be referred back to them, he hoped that whatever takes place during the 60 day extension, the Planning & Zoning Commission, as well as Mr. Orth who is greatly concerned, will be included when we do make a decision. Commissioner Fletcher asked staff for their comments, and Mr. King felt that the request for an extension can be to the benefit of both applicant and staff. He stated that he would like to be given an opportunity to make sure that there has been no miscommunication. Administrator Wright concurred with Mr. King that staff needs some more time. 4 F S EP 15 1952 THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. 84 @Ox 51 PAGE 342 S ea 51 -E P �. SEP 15 1952 Attorney Block wished it noted for the record that he ri and his client stand ready at any time to discuss this matter with the Administrator. W. E. "Kinky" Orth informed the Board that he and Mr. Lysne constitute the Indian River Flying Service, and he believed some false statements in regard to when the Planning & Zoning Commission had the erroneous information were made in order to obtain this 60 day extension. As to there being no politics involved, he pointed out that a 60 day extension puts this after the November 2nd election date. Mr. Orth continued that Indian River Flying Service has a two million dollar investment in this area, and they purposely moved away from Hibiscus Airport to this agricul- tural property because they felt a civic obligation when'the neighborhood became so crowded. He stated that he also wanted the facts presented as facts, but he did not feel a 60 day extension was justified. PUBLIC HEARING - REZONING IN DIXIE HEIGHTS (WETMILLER) 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: 85 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. ScE says that he is Business Manager of the Vero Beach Press -Journal, a we( at Vero Beach in Indian River County, Florida; that the attached copy i• f in the matter of/- 4 �k Ail � N . 'ZJ. 6 in the Court, was pub- lished in said newspaper in the issues of aIZI Ar 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 secord 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 pur se of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before a thisj�' day of A.D.�� n � i' 1 r► V I f�V- (SEAL) E /J V;�usiness Manager) (Clerk of the Circuit Court, ndian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board Of County Commissioners of Indian River County, Florida, is reviewing the feasibility of making the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That'the Zoning Map be changed in order that the following described property situated on the southwest corner of 14th Street, S.W. and 2nd Avenue, S.W., Indian River County, Florida, to -wit: Lot 9, Block R, DIXIE HEIGHTS, UNIT No. 2, according to the plat thereof as recorded in Plat Book 4, page 83 of the Public Records of Indian River County, Florida. Be changed from C-1, Commercial District to R-1, 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's Chambersoqf the County Ad- ministration Building %cated at 1840 25th Street, Vero Beach, Florida, on Wednesday, September 15, 110112, at 1:30 p.m. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses; he may need to insure that a verbatim . record of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. Indian River County - Board of County Commissioners BY: -S-Doug C. Scurlock, Jr. Aug. 27, Sept. 8, 1992. The Board reviewed staff memo as follows: 86 SEP q® Ili S E r® 15 982 610 , 51 P&.eE 344 L SEP 15 1952 soox 51 pr,,' ib r. TO: The Honorable Members DATE: September 3, 1982 FILE: of the Board of County IRC-82-ZC-14,#460 Commissioners THROUGH: Michael Wright, County Administrator DEPARTMENT HEAD CONCURRENCE:- SUBJECT: WETMILLER REQUEST TO REZONE LOT 9 OF DIXIE HEIGHTS SUB- DIVISION FROM C-1,'COMMERCIAL Patrick Bruce King, A P TO R-1, SINGLE FAMILY DISTRICT FROM: Janis Johnsons � REFERENCES: Staff Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: On August 12, 1982, the Planning and Zoning Commission recommended approval of a request to rezone a 5000 square foot lot located in Dixie Heights Subdivision at the south- west corner of 14th Street, S.W. and 2nd Avenue, S.W. The applicant owns the adjoining lot to the west and intends to construct a single-family residence on the two parcels. The subject property, Lot 9, is presently zoned C-1, Commercial and is in a MXD, Mixed -Use Land Use area. The adjacent Lot 8 is in a R-1, Single Family District (6.2 units/acre)-and a LD -2, Low Density Land Use area (maximum residential density of 6 units/acre). The subdivision contains scattered res- idential and single-family development. The subdivision has access to Old Dixie Highway. Both 14th Street, S.W. and 2nd Avenue, S.W. are public, unpaved roads with 70 foot right-of-way. There is no County or Municipal Water/Sewer services. The subdivision is served b the County fire and law enforcement agencies. ALTERNATIVES AND ANALYSIS: Rezoning to R-1, Single Family District to include the subject property is a rational extension which conforms to the 'Land Use Element and is in conformance with the predominant sur -- rounding land uses. RECOMMENDATION: Based on the foregoing discussion, staff recommends approval of the request to rezone Lot 9 from C-1, Commercial to R-1, Single Family. 87 Mr. Wetmiller was present to answer any questions. The Chairman asked if anyone present wished to be heard. There were none. 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 82-20 granting a rezoning from C-1 to R-1 as requested by Richard Wetmiller. ORDINANCE NO. 82-20 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in -order that the following described property situated in Indian River County, Florida, to -wit: Lot 9, Block R, DIXIE HEIGHTS, UNIT #2, according to the plat thereof as recorded in Plat Book 4, page 83 of the Public Records of Indian River County, Florida. Be changed from C-1, Commercial District to R-1, Single Family Residential. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect September 28, 1982. W., SEP.151982 W , 51 PADE34i 6 SEP 15198Z _I .51 pvtC34, PUBLIC HEARING — ADOPTION OF COMPREHENSIVE PLAN ORDINANCE The hour of 2:00 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: r NOTICE OF REGULATION OF LAND USE The Board of County Commissioners of Indian River County proposes to regulate the use of land within the area shown in the map in this advertisement. The County has ct)mpleted numerous workshops and public hearings on the Comprehensive Plan for Indian River County and now announces that: 89 NOTICE OF INTENT TO ADOPT ORDINANCE The County Commission shall hold a public hearing at the County Administration Building, 1840 25th Street, Vero Boach, on Wednesday, September 15th at 2:00 P.M. to consider adoption of an ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY AMENDING ORDINANCE NO. 82-1 AND ADOPTING THE COM- PREHENSIVE PLAN FOR THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA, IN AC- CORDANCE WITH THE "LOCAL GOVERNMENT COM- PREHENSIVE PLANNING ACT OF 1975", AS AMENDED, SECTIONS 163.3161, ET. SEQ., FLORIDA STATUTES, PROVIDING FOR A COMPREHENSIVE PLAN, PURPOSE, VESTED RIGHTS, REPEAL OF CONFLICTING OR- DINANCES, SEVERABILITY AND EFFECTIVE DATE. All interested individuals are invited to attend and comment _ on the proposal. Copies of the proposed Comprehensive Plan and ordinance are available at the Indian River. County Community Development Division located in Suite S-241 -B at 1840 25th Street, Vero Beach, Florida, at a cost of $15.00. If any person decides to appeal any decision made on the above matter, he -dr she will need a record of the proceedings, and for such purposes, he or she may need to ensure that a ver- batim record of the proceedings is made, which record includes the testimony in evidence -of which the appeal is based. By Don C. Scurlock, " Chairman of The Board of County Commissioners Indian River County LDL �•' . • L'A AW L -. L—_—_ awc.saa or�wcaxr o.+ i arasn • ux � aaw.ean. .cr 2 Low Density I (LD -1) ;yit�dr�l?4y'1,°s:i�a�;'.Y, M L to 7 units/ocre 4�`+�i',"•if::�S".i Low Density 1 (lD•1) „ 4"o figo, •": to 6 units/acre ''u�••' j.� Vit' i�4 L Median Density I (MD- 1) '•-t�d4"' ;%y •$- AG AG to 8 antes/acre?:�i G?yL Medium Density 2 (MD -2) to 10 units/acre : •(r;iw��,�:. Rural and Agricultural districts are shown on three areas within the County have the map by three population density classifka• developed a historical mixture of liana. These are designated as: residential, commercial and industrial Agricultural (AG) • 5 acres/unit `S 9 land uses. These areas - have been Rural -Residential (RR -1) • 1.5 oeres/wdf 'classified as mixed-vse districts. Within W "�•�,:.+;: �-.r>''� Rural -Residential (RR•1)•lacre/unit a �the boundaries ofthese districts. -the e:• a+iioS ? ., -:,.+ • Hwironmentol areas west of 1.95 are AG. 'toting variety of uses would be ocean• .�:•��s''� =' "= ^ • Emira�mentol ones east of 1.95 an RR•1. ' aodated to develop in Hee future. J Mixed Use District (MXD) . to U • ^ .ii �-r t e a. '! '+ units /acre -• �Q SEP 15 19002 90 August 27,1982.-' I v : 51 PAGE 348 SEP 151982 aoaK. 51 F�*Ue 3 49 The Chairman asked if anyone present wished to be heard. There were none. fi ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously closed the public hearing. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to adopt Ordinance 82-21: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO.,82-1, AND ADOPTING THE COMPREHEN- SIVE PLAN FOR THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA, IN ACCORDANCE WITH THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975", AS AMENDED......... Commissioner Fletcher informed those present that he planned to vote.against this'Plan primarily from the standpoint of density which he understood it was supposed to control. As a result of this Land Use Plan, there is a possibility of 303,000 units by the year 2000, which equates to 600,000 people, and he believed each Commission member knows this is not what their constituents want. He felt the ultimate question is how many folks can you put on the land, and although we have made a great effort, he did not feel we have accomplished the desired end result in this Plan. Commissioner Bird pointed out that prior to adoption of these plans, the possible build -out of this county was probably in the millions. Chairman Scurlock felt there was no need for further debate at this point. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. 91 ORDINANCE NO. 82- 21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 82-1, AND ADOPTING THE COMPREHENSIVE PLAN FOR THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA, IN ACCORDANCE WITH THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975", AS AMENDED, SECTIONS 163.3161, ET. SEQ. FLORIDA STATUTES, PROVIDING FOR A COMPREHENSIVE PLAN, PURPOSE, VESTED RIGHTS, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, "The Local Government Comprehensive Planning Act of 1975" as amended, Section 163.3161, et. seq., Florida Statutes requires each local government in the State of Florida to adopt a Comprehensive Plan to guide and control future development; and WHEREAS, pursuant to said act, the Board of County Commissioners of Indian River County appointed the Indian River County Planning and Zoning Commission as the local planning agency for the County; and WHEREAS, the local planning agency has held public hear- ings on the Comprehensive Plan and recommends adoption of the plan by the Board of County Commissioners; and WHEREAS, the County Commission has held numerous public hearings and workshops on the Comprehensive Plan; and WHEREAS, all requirements of the Florida Statutes with regard to public input and review by the local planning agency have been met. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that; SECTION I. Indian River County Ordinance No. 82-1 is hereby amended as follows: SECTION I, COMPREHENSIVE PLAN: Pursuant to the provi- sions of the "Local Government Comprehensive Planning.Act of 1975", as amended, Section 163.3161, et. seq., Florida Statutes, the Board of County Commissioners of Indian River County, Florida, hereby declares its intent to exercise its authority to plan -for future development in the unincorpor- ated areas of Indian River County and hereby adopts the -band Use-Hlemeah-ef the Comprehensive Plan of Indian River County, including the land use, transportation, conservation/coastal zone protection, housing, recreation, sewer, water, drainage and solid waste, utilities (electric) and intergovernmental coordination -elements, a copy of which is attached hereto and incorporated herein by reference. SEP -15-1982 nox . 51 PAGE 5O SEP 151992 ' SECTION II, PURPOSE: The -Band -Use -Element -et [Tlhe Comprehensive Plan of Indian River County is adopted to direct and achieve coordinated and harmonious development and land use in a manner which will permit planning for adequate community facilities, protect the ecological balpnce of the environment, and promote the public health, safety, convenience, prosperity and general welfare of Indian River County's citizens and visitors. In furtherance hereof, the Board of County Commissioners hereby declares its policy and intent to evaluate all actions involving or affecting land use for consistency with the Land Use Element. In recognition that zoning has been and shall continue to be a major tool for the implementation of the land use and development policies; all applicants for zoning, site plan or subdivision approval, shall affirmatively estab- lish the manner in which the development proposal and requested change in land use conforms to and is consistent with the Land Use Element. SECTION III, VESTED RIGHT: Nothing contained herein shall be construed as affecting validly existing vested rights. It shall be the duty and responsibility of the applicant alleging vested rights to affirmatively demonstrate the legal requisites of vested rights. Rights shall vest upon a demonstration, to the satisfaction of the Board of County Commissioners of Indian River County, that the applicant; 1. Has reasonably relied in good faith, 2. Upon some act or omission of the County, 3. Has made a substantial change in position or incur- red extensive obligations and expenses to their detriment. The mere existence of zoning or other development order, as defined'in Florida Statute 163.3161, et. seq., contrary to the Comprehensive Plazr shall not be determined in and of itself to vest rights. SECTION II, REPEAL OF CONFLICTING ORDINANCES: All portions of Ordinance No. 82-1 not specifically amended by this ordinance shall remain in full force and effect and all other ordinances of Indian River County conflicting herewith are hereby repealed to the extent of such conflict. SECTION III, SEVERABILITY: Should any section or provi- sion of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof. SECTION IV, 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, on this 15th day of September , 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS ay: / C 'edZ DON C. SCUR OCK, 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 su c4nq)�s/ By: /1' 11 1AVAMMA01 G Y BRAND t u ty Attorne A copy of the Comprehensive Plan and all elements will be on put on file in the Office of the Clerk when put in final form with all authorized revisions and received. FINAL PLAT APPROVAL - TREASURE COAST VILLAGE SUBDIVISION The Board reviewed staff memo as follows: 4 93 SEP 15 1982 51 PAeC35 S E P 15 1992 51. FADE 3 53 r TO: The Honorable Members DATE: September 7,- 1982 FILE: of the Board of IRC-81=S/D-16,#234 County Commissioners THROUGH:. Michael Wright County Administrator SUBJECT: QUEST FOR APPROVAL OF FINAL PLAT FOR TREASURE COAST DIVISION HEAD CONCURRENCE: VILLAGE SUBDIVISION ' atr"n Bruce King, AI P FROM: Janis Johnson REFERENCES: Staff Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: On December 2, 1981, the Board of County Commissioners voted 4 -to -1 to grant approval of the preliminary plat -for Treasure . Coast Village. The 18.77 acre subdivision contains 71 lots with overall density of 3.7 units/acre. The subject property is zoned R-1, Single Family (maximum 6.1 units/acre). and is in an MXD, Mixed Use land use designation,. The subject property is located on the west side of 40th Avenue between 45th Place and 47th Street. The subdivision is intended to serve low and moderate income families and is being developed by 'the Indian River County Housing Authority. The final plat is in substantial conformance with -the approved preliminary plat. The drainage easements have been increased along the west boundary of the subdivision as specified in the conditions for approval. On June 2, 1982, the Board of County Commissioners voted to waive. the bonding requirement, tfius allowing approval of the final plat without completion of:roadway and other public. improvements. RECOMMENDATION: Conditions for final plat approval have been met; and staff recommends approval. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, Commissioner Fletcher voting in opposition, the Board by a 4 to 1 vote granted Final Plat Approval to Treasure Coast Village Subdivision. 94 PROPOSED WATER/SEWER RATES Administrator Wright reviewed his memo as follows: TO: The Honorable Members of the DATE: September 14, 1982 FILE: Board of County Commissioners FROM: SUBJECT: Proposed Water/Sewer Rates REFERENCES: An analysis of available data indicates a rate equal to'$12.50 for the first 3,000 gallons and $2.25 for each additional 1,000 gallons of metered water will be necessary to fund the utility department for the 1982/83 fiscal year. This proposed rate further assumes that sewer ser- vice charges will be billed at the same rate as water service. The proposed rate will generate $1,497,040. This amount, plus $66 000 in service charges, will generate $1,563,040 in total revenue, or 149,514 more than the $1,513,526 expense budget. The rate includes all customers that are immediately available. It does not include potential customers that have not paid impact fees. Engineers estimate this potential number to be from 200 to 250 units. Based on average residential consumption of 5,500 gallons per month, the proposed fee results in a bill of $18.13. If the water customer also has sewer service, then the bill would be $36.26. Under the Farmers Home Administration minimum mandated bill of $8.00 for the first 2,000 gallons and $2.00 for each additional 1,000 gallons, the average water bill would be $15.00 a month. This rate, however, would generate only $1,273,008. Coupled with the $66,000 in service fees, total revenues would amount to $1,339,008, or a shortfall of $174,518. There is approximately $350,000 in impact fees on hand. With next years anticipated growth, this account could grow to around $420,000 or more. I would encourage the Commission to continue retaining impact fees in a reserve account for at least two years. Secondly, I would recommend the impact fees be increased to where at least $750 per customer could be escrowed to reduce future debt and provide capital for expansion. A two year moratorium on the expenditure of impact fees, coupled with the higher rate, would result in a $600,000 to $.700,000 reserve in a short period of time. Interest from this account, plus anticipated impact fees and customers, should greatly reduce the demand for future rate increases. SEP 15 1992 95 oxe 51 PAsE I np IJQUh 51 �'�4. - >Y� SEPI 5 1982 EXISTING MAXIMUM CUSTOMERS - $8.00/2.00 Single Family Residential Single Family Sewer b 2,632 @ 5500 749 @ 5500 $6089580 Multi/Family Residential Water 527 @ 4500 $ 82,212 Vista - Water Sewer 1,856 @ 3000 $445,200 1,854 @ 3000 Commercial 33 North County @ 28,000 $ 35,640 '88 South County @ 30,000 $101,376 Total $1,273,008 Service Charges 663,000 TOTAL $1,339,008 * Commercial is calculated at the FmHA recommended rate of $12.00/3.00 96 EXISTING MAXIMUM CUSTOMERS - 12.50/2.25 Single Family Residential Single Family Sewer Multi/Family Residential Water Vista - Water Sewer 2,632 @ 5500 749 @ 5500 527 @ 4500 1,856 @ 3000 1,854 @ 3000 Commercial 33 North County @ '28,000 88 South County @ 30,000 Total Service Charges TOTAL 735,570 100,393 556,500 27,225 77,352 1,497,040 66,000 1$63,040 Commissioner Bird asked if staff has had an opportunity to evaluate the proposed budgets and expenses to see if any cuts can be made. Administrator Wright pointed out that we are going into a learning year where we will be starting up a new plant; we have other systems to run - Ixora, Treasure Coast, etc.; we are equipment poor and short on labor; and he did not believe we have budgeted enough. He 'did believe, however, that with the anticipated growth, this will hold us for several years because it does not take the impact fees into consideration, and by escrowing them we can build up a reserve which will put us into a position to fund improve- ments internally. .Question arose about the timing involved in getting the results of the independent outside rate study previously 97 SEP 151992 x . 51 PAGUE 3 Boy. 51 PA' _3 authorized, and Administrator Wright estimated a rate study r could be completed within 90-120 days; he noted that they have interviewed three firms. MOTION WAS MADE by Commissioner Fletcher, SECONDED by Commissioner Lyons, to authorize advertising a proposed rate of $12.50 for the first 3,000 gallons and $2.25 for each addi- tional 1,000 gallons for the public hearing on water/sewer rates. Attorney Brandenburg reported that he has advertised for the hearing, but has not advertised a specific rate. Commissioner Wodtke asked if our consulting engineer, John Robbins, was consulted and agrees with these figures. Mr. Wright reported that these figures were worked up internally by Mr. Baird of the Utilities Department right from the consumption figures, and Mr. Robbins was not consulted. Commissioner Wodtke realized we have to advertise something, but he was not convinced in any way that it may take this amount. Attorney Brandenburg stated that we do not have to advertise any amount, but at the last meeting, the Board indicated they would like a figure in advance of the hearing. Commissioner Fletcher asked if there will be another advertisement with these figures in it, and Attorney Brandenburg stated there would not be unless the Board so directed. Commissioner Fletcher stated he would include in his Motion that the $12.50 rate be advertised, and Commissioner Lyons concurred. 98 The Board continued to debate the increase in rates, and Chairman Scurlock emphasized that staff has run the actual numbers on the computer, and this is what is needed; using a rate of $9.00, it came out about $50,000 short. Commissioner Wodtke argued that many more factors go into these numbers. He stated that while he can vote for this as a starting point, it will not indicate that he is convinced this is what is necessary. Administrator Wright stated that he and Mr. Baird will be glad to go over the figures with every Commissioner. Attorney Brandenburg commented that the Board already has met the legal advertising requirements and wished to know how they wanted the rates to be advertised; it was decided that it should be a 1/4 page ad. COMMISSIONERS FLETCHER and LYONS REWORDED THEIR MOTION to authorize advertising in a 1/4 page ad, a rate of $12.50 for the first 3,000 gallons and $2.25 for each additional 1,000 gallons. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. AUTHORIZE ADVERTISEMENT RE ADOPTION OF CURRENT SOUTHERN STANDARD BUILDING CODE Administrator Wright informed the Board that Building Director Rymer is requesting that the Board adopt the current Southern Building Code. Attorney Brandenburg noted that this will require an ordinance. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously 99 SEP 15 1982 AM51 p�e�� I 51. F.A SEPI 51992 � . P authorized the Attorney to prepare an ordi- nance adopting the current Southern Stand -f' and Building Code and advertise a public hearing to consider same. DISCUSS ABANDONMENT OF UNIT 1 PARK - ORCHID ISLAND SUBDV. The Board reviewed the following letter from Attorney Steve Henderson: LARRY S. ALEXANDER GEORGE H. BAILEY ROBIN A. BLANTON W. CHESTER BREWER, JR. DAVID A. CAIRNS JAMES R. COLE MARGARET L. COOPER B. JEAN CRIPPEN CHARLES H. DAMSEL,JR. BRUCE A. EPPLE JEFFREY H. FISHER L. MARTIN FLANAGAN WILLIAM A. FOSTER MARJORIE D. GADARIAN THADDEUS D. HARTMAN JoNms, Fos=$ & Moss MEMBERS OF JONES & FOSTER, P. A. ATTORNEYS AND COUNSELORS 617 BEACHLAND BOULEVARD P. O. BOX 3406 VERO BEACH, FLORIDA 32960 (305) 231-1900 HAYWARD D. GAY STEVE L. HENDERSON THORNTON M. HENRY THEODORE W. HERZOG PETER S. HOLTON R. BRUCE JONES THOMAS A. KOVAL CLINTON W. LANIER ROBIN A. LLOYD STEVEN A. LONG JOHN BLAIR McCRACKEN S. CAROL MCLEAN BRIAN J. MORRISSEY GEORGE H. MOSS PATRICK M. O'HARA RICHARD J. OLACK WILLIAM W. PRICE BRUCE M. RAMSEY CHRISTOPHER J. SCHILLING ROBERT L. SELLARS SIDNEY A. STUBBS, JR. GEORGE P. SUPRAN ALLEN R. TOMLINSON EVERETT J. VAN GAASSECK KEVIN D. WILKINSON PAUL C. WOLFE County Commissioners Indian River County Gentlemen.: WEST PALM BEACH OFFICE JONES & FOSTER, P. A. 601 FLAGLER ORIVE COURT P. 0. DRAWER E WEST PALM BEACH, FLORIDA 33402 (305) 6SS-3000 August 25, 1,982 By Hand Please be advised that on behalf of my.client, Orchid Island Development Company, the revocation of the dedications of parks in Units 1 and 2, Orchid..Island Pubdivision. is hereby withdrawn. My previous letter revoking those dedications was prompted, in part, by the fact that the small triangular-shaped park in Unit 1 has certain improvements located on it e.g., drive- way, well,.pumphouse, etc; which serve the Dales residence located adjacent thereto. -Assuming the dedications are accepted by the County, we would appreciate -the consideration of an abandonment of the Unit 1 park at the next available County Commission meeting. An abandonment would serve to clear up the title difficulties arising by virtue of this situation and facilitate a sale of the property. Kindest regards, .TONES, FOSTER & MOSS By Steve L. Henderson SLH:pm cc:Mr. Francis King 100 Attorney David Cairns appeared in the place of Attorney Steven Henderson in regard to the abandonment of the subject park, which is immediately contiguous to property owned by George Dales, developer of Orchid Island Subdivision. Apparently there was a dedication of this park to the county; although, it seems that was not the intention of the developer. As stated in Attorney Henderson's letter, the request for revocation of the dedication was prompted by the fact there is a well and other improvements on this property wliich service the Dale residence. This request now has been withdrawn in the hope that something simpler could be worked out to facilitate the sale of the property. Attorney Cairns then referred to a declaration of restrictions filed with the plat which refers to the park as being something of a common element for all the owners in the subdivision, and noted that they certainly would cooperate with them to work this out. Attorney Brandenburg commented that they might prefer to give the adjoining property owners a quit claim deed for $1.00 and that way we would not have to go through all the formal requirements for abandonment. Discussion ensued as to the fact that this well services several residents besides the Dales, and it was felt we should make some stipulation in regard to the well so that no one will be cut off from using it. Attorney Brandenburg explained that by quit claiming this property, the County simply would be releasing any claim the County has to that property, and any private rights that may have been created would still remain with the subdivision owners. Attorney Cairns agreed, and stated that there certainly would not be any desire or attempt by Mr. Dales to deny 4 anyone water. 101 droit 5�, PAGE �6� SEP 1.51982 SEP 151952 ON MOTION by Commissioner Fletcher, SECONDED r, by Commissioner Wodtke, the Board unanimously authorized the Chairman to meet with Mr. Cairns and negotiate an instrument to release or transfer this land to the original owners with the provision stated at this meeting in regard to water. INDIAN RIVER SHORES CERTIFICATE OF NEED Commissioner Lyons reviewed the following memo: TO: Members of the Board DATE: August 30, 1982 FILE: of County Commissioners _ . SUBJECT: Indian River Shores Certificate of Need FROM: Patrick B'. Lyons • REFERENCES: Commissioner After further -investigation into the above -captioned matter, it appears, from a legal standpoint, Indian River Shores would be irr a more comfortable position if -they had a Certificate of Need to cover the infrequent occasions they find necessary to "transport victims to the hospital. It appears that the handling .of emergency cases involving Ind:%an River Shores is operating quite smoothly. On that: basis, I would recommend that the County issue Indian River Shores a Certificate of Need with the understanding that there w. -Ill be no change with existing arrangements. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously adopted Resolution 82-88 granting the Town of Indian River shores a Certificate of Public Convenience and Necessity for Emergency Trans- portation Services. 102 RESOLUTION NO. 82-88 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, GRANTING THE TOWN OF INDIAN RIVER SHORES A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR EMERGENCY TRANSPORTATION SERVICES BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Town of Indian River Shores, Florida is hereby granted a Certificate of Public Convenience and Necessity to provide emergency transportation services within Indian River County in accordance with all applicable provisions and requirements of Chapter 401, Florida Statutes, and rules promulgated thereunder by the Department of Health and Rehabilitative Services. This certificate shall be valid for the period of one year from the date of a motion adopting same. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Fletcher 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 15th ,,,S�Illl1�1111)�,, FREDA WRIGHT, Cle APPROVED AND LEGA By TO FORM FFWIEN BRANDENBURG Attorney day of September , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / G DON C. SC LOCK, JR. Chairman 103 SEP 15 1982 not 5�. PbUE SEP 15 1982 SERVICES TO STATE MENTAL HOSPITAL PATIENTS aeox 51 FA"E 363 i' The following letter from the Executive Director of the Indian River Community Mental Health Center was reviewed: INDIAN RIVER COMMUNITY R MENTAL HEALTH G� ��z n ii 800 AVENUE H. FORT PIER 305-484-B11t;ommissioners JOHN R. ASHCRAFT, ACSW EXECUTIVE DIRECTOR Administrator JUDITH J. WEBER, ACSW Attorney __---_— ASSOCIATE DIRECTOR Personnel �---�� Public Works Community Deva____ Utilities -- Finance ----' C �. Mr. Don C. Scurlock, Jr., Chairman Indian River County Board of County Commissioners {' 2145 - 14th Avenue Vero Beach, Florida 32960 Re: Services to State Hospital Patients Dear Chairman Scur7ocka INDIAN RIVER COUNTY BRANCH 1314 20th STREET VERO BEACH, FLORIDA 32880 5- MARTIN MARTIN COUNTY BRANCH 422 CAMDEN AVENUE STUART, FLORIDA 33494 305.293-7070 OKEECHOBEE COUNTY BRANCH 1008 N. PARROTT AVENUE OKEECHOBEE. FLORIDA 33472 813-763.1191 September 1, 1952 For several years Palm Beach County has received in excess of one million dollars to operate a deinstitutionalization project for the chronic mentally ill. The services of this project funded 100% by State tax dollars have not been available to the residents of the four county area. Now, through a cooperative effort involving the Indian River Community Mental Health Center which serves the four county area and the three .mental health centers which serve Palm Beach County, a proposal has been developed which would result in all five counties participating in a program to serve the chronic mentally ill. This cooperative proposal enjoys the support of all four Center Boards, the District Mental Health Board, the HRS District Administrator, and the Superintendent of South Florida 'State Hospital. However, for the proposal to be funded and implemented, it must be approved by the State Mental Health Program Office in Tallahassee. Approval by Tallahassee will mean 100% funding of the project and a grant award to our District in a competitive process with other areas of the state. _ Since approval by Tallahassee will mean a major step toward equitable, distribution of State tax dollars for Mental Health Services within District #9 and'a major improvement in services to the chronic mentally ill patient! within the four county area, we urge you to support the cooperative proposal by writing a letter to: Mr. Donald J. Hevey, ACSW Staff Director Alcohol, Drug Abuse and Mental Health Program Office Department of Health & Rehabilitative Services 1317 Winewood Boulevard, Tallahassee, FL 32301 104 W. The Program Office will make its grant decision on or about September 17, 1982 and therefore, to be effective the letters of support must reach Mr. Hevey before the 17th. Enclosed for your review is -the Proposal Abstract which presents the essence of the project. If additional information is needed, please contact me. Thank you for considering our request for support of the proposal. Sincerely, ON MOTION by Commissioner wodtke, SECONDED by Commissioner Lyons, Commissioner Fletcher voting in opposition, the Board by a 4 to 1 vote authorized the Chairman to send a letter of support of the above grant application to the Dept. of Health & Rehabilitative Services as requested by Mr. Ashcraft. REPORT - TRANSPORTATION PLANNING COMMITTEE Commissioner Fletcher reported that the Transportion Planning committee met yesterday, at which time they discussed various changes which will be recommended to the Board in regard to the intersection at 43rd Avenue and SR 60. They also discussed curbing on CR 507 in Fellsmere, the extension of Stratton Drive in Sebastian, and the intersection of Old Dixie and S.W. 20th Place, which has been given a priority "C". Commissioner Fletcher further reported that the DOT has done a study in regard to the intersection of CR 510 and U.S.1 at wabasso Bridge, and they agree that this is reaching a traffic intensity where a signal will be needed. He continued that the possibility of a 17th Avenue sidewalk/bicycle path being included in the 16th Street project is being investigated. 105 SEP -15 1982 800K, .51 NG X64 John R. Ashcraft, ACSW Executive Director ON MOTION by Commissioner wodtke, SECONDED by Commissioner Lyons, Commissioner Fletcher voting in opposition, the Board by a 4 to 1 vote authorized the Chairman to send a letter of support of the above grant application to the Dept. of Health & Rehabilitative Services as requested by Mr. Ashcraft. REPORT - TRANSPORTATION PLANNING COMMITTEE Commissioner Fletcher reported that the Transportion Planning committee met yesterday, at which time they discussed various changes which will be recommended to the Board in regard to the intersection at 43rd Avenue and SR 60. They also discussed curbing on CR 507 in Fellsmere, the extension of Stratton Drive in Sebastian, and the intersection of Old Dixie and S.W. 20th Place, which has been given a priority "C". Commissioner Fletcher further reported that the DOT has done a study in regard to the intersection of CR 510 and U.S.1 at wabasso Bridge, and they agree that this is reaching a traffic intensity where a signal will be needed. He continued that the possibility of a 17th Avenue sidewalk/bicycle path being included in the 16th Street project is being investigated. 105 SEP -15 1982 800K, .51 NG X64 SEP 15 1982 5. Commissioner Bird commented that he felt the change in stop signs at the intersection of Walker and 43rdi'Avenue is very confusing. RESIGNATION OF FRED PLAIR FROM TRANSPORTATION PLANNING COMMITTEE & REPLACEMENT OF GARY LINDSEY Commissioner Fletcher expressed regret at the resignation of Fred Plair from the Transporation Planning Committee and stated that he has been a real asset to that committee. Mr. Plair's`letter of resignation is hereby made a part of the Minutes as follows: Fred PLair 3960 46ty, Place Vero Beach, Fal. September 2, 1982 Dear County- Commissioners I sincerely -regret that I must resign my .position.on the Indian River County Transportation Planning Committee. A' change and unexpected duties in my- employment, makes it i'mpass-ible for me to -continue representation irr the best in- terest of the board and its activities. Thus, I am compelled to offer my resignation, effective ihmediately,. I am sure you must know I do this out of necessity -for I have enjoyed serving, and my association with the membership has been a pleasant and rewarding experience. S send my very best wishes for a continued service to -the citizens of Indian River County. espec ly, red Plair cc: Gifford Civic League Mr. Grover Fletcher ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously accepted the resignation of Fred Plair from the Transportation Planning Committee and directed that a letter of appreciation for his services be sent to Mr. Plair. 106 Commissioner Fletcher reported that the committee has asked the Gifford Progressive League for a recommendation for a replacement for Mr. Plair, and they also would like to have some representation from Indian River Shores. He then noted that Gary Lindsey is no longer on the Transportation Committee, and he has received a letter from the School board naming Richard Bolinger as his replacement. ON MOTION by Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unani- mously appointed Richard Bolinger to replace Gary Lindsey on the Transportation Planning Committee as recommended by the School Board. REPORT ON ACTIVITIES OF PUBLIC SAFETY COMMITTEE Commissioner Lyons informed the Board that Frizzel Architects and their subcontractor, the criminal justice consultant, were present at yesterday's meeting of the Public Safety Committee, at which time the committee looked over the proposed contract, officially blessed the sub- committee's choice of the architects, and also approved the Mission and Goal statement in connection with the jail. This contract and statement will shortly be brought to the Board for final approval. Commissioner Lyons felt that the committee is in agreement as to the direction we are going, and noted that although the architect and the criminal justice consultant have been repeatedly warned, they are beginning their work without a contract at their own risk. DISCUSSION LIGHTING PROBLEM AT 58th AVE. AND LUNDBERG ROAD Commissioner Wodtke brought to the Board's attention the following letter from the Assistant Dean of Mueller Center: SEP 15 198z 107 n, 51 PAGE G I SEP 15 1982 5 w, INDIAN RIVER .COMMUNITY COLLEGE 3209 Virginia Avenue Fort Pierce, Florida 33454 ASSISTANT DEAN OF INSTRUCTION August 25, 1982 Mr. William Wodtke County Commission County Administration Building 1840 25th Street Vero Beach, Fla. 32960 Dear Mr. Wodtke: MUELLER CENTER P.O. BOX 2926 VERO BEACH, FL 32960 Pursuant to our conversation on the evening of August 24th regarding the lighting problem at the corner of 58th Avenue ( King's Highway) and Lundburg Road, I would appreciate your once more presenting our request for a'Aight to your fellow commissioners. Please impress upon them the number of our cit zens ( approximately 800) who attend evening classes and es- pecially the number of women who drive alone to and from classes. We have one exchange of classes after dark at 8 P.M. this involves about 600 students driving in or out and all of the problems related to such coming and going. That parti- cular corner is exceedingly dark and the grading of Lundburg Road and the bridge inhibit a driver's ability to see appro Ch- ing traffic on King's Highway. The County Commissioners would be rendering a great ser ,vice to the health and welfare of approxima.tly 1000 student and their families if they would install :this',badly •needed light at the corner of Lundburg Road and King's Highway. I look forward to hearing from you at an early date with a positive response. Sincerely, f John . Avril Assistant Dean of Inst r tion Mueller Center Commissioner Wodtke noted that the Board earlier decided this was not in our realm, and he suggested that the college contact Florida Power & Light. Mr. Avril stated he would like to make a request directly on behalf of the college before pursuing this. Commissioner Wodtke felt if the Commission's reaction remains the same, the College will pursue this matter. He personally believed the light is needed. M ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously author- ized the Chairman to write Asst. Dean Avril explaining the Board's previous stand and encour- aging the College to provide the light on their own behalf. Commissioner Lyons noted that this is consistent with our past policy. REPORT ON BEACHES & SHORES COMMITTEE Commissioner Wodtke reported that he recently received a letter from Robert Jones of Harbour Branch Foundation, who serves on the Beaches & Shores Committee: It seems that Mr. Jones' position keeps him at sea a great deal of the time and he regretfully resigned from the committee. Commis- sioner Wodtke requested the Board for any suggestions for a replacement for Mr. Jones. REPORT ON PARKS AND RECREATION COMMITTEE A. Replacement of Fellsmere representative on Parks & Recreation Committee Commissioner Bird informed the Board that he has received a letter from the City of Fellsmere indicating that Ersie Hall has resigned and naming Mrs. Susan Wilson as their appointee to the Parks & Recreation Committee. He stated that he received this letter with regret as Mr. Hall has been a valuable member of the committee. ON MOTION by Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unani- mously approved the appointment of Mrs. Susan Wilson to the Parks and Recreation Committee as a replacement for Ersie Hall. 109 S E P 15 1982 51 PAGE 3 � $ EP 151992 B. Dock Facility at Blue Cypress Lake Park i� Commissioner Bird next reported that a dock facility is needed at Blue Cypress Lake Park; they have none now and it is a dangerous situation. There isa fluctuating lake level, and this will require a floating dock: The Committee is recommending that through the Boating Improvement Trust Fund we construct a floating dock adjacent to the boat ramp and he.would like the County Engineers'to prepare plans and obtain prices, which he will bring back to the Board with the Committee's recommendation. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously instructed the County Engineering Department to prepare plans and obtain prices for a floating dock at Blue Cypress Lake Park, which informa- tion will be supplied to the Parks & Recreation Committee and then brought back to the Board with their recommendation. Applications for permits for a floating dock at Blue Cypress Lake and for replacement of 3 wooden bridges on Blue Cypress Lake access road are on file in the Office of the Clerk. C. Inventory of County Park Parcels Commissioner Bird continued that the Committee has undertaken to compile a long needed inventory of all County park parcels.. He stated that he is working on this with Community Services Director Thomas, and when the inventory is compiled, the committee will review all the parcels and make a determination as to which are usable and which may be surplus property. Then possibly we could dispose of some of them and use the money to improve other parks. 110 D. Markers at Oslo Boat Ram Commissioner Bird noted that he has received a letter from the DER expressing concern that boats are damaging the grass beds in the river bottom and asking that we put in some markers out to the channel at the Oslo Boat Ramp. He believed we pursued this once some time ago and that the permit is in an inactive status. They will pursue this again. Commissioner Wodtke noted that the problem is that we could not get any prices on setting markers because the bottom is rock in this area. Commissioner Fletcher confirmed that we have been trying to get markers in there for years, and he believed the most economical thing would be to see if it is not possible to anchor a floating device to a rock because setting pilings would be very costly. ADDITION TO AGENDA ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously agreed to add a meeting of the South County Fire District to tonight's agenda for the purpose of addressing the salaries of the Chief and Assistant Chief before the final budget, which meeting will be convened immediately upon adjournment of the Board of County Commissioner's meeting. LIBRARY ADVISORY BOARD REPORT AND RECOMMENDATIONS Commissioner Lyons discussed establishing attendance requirements for members of the Advisory Board as set out in the following memo: 111 943 51 Pec 370 SEP 15 1982 uax . 51 F.AbEs31- TO: Board of County DATE: Sept, 3, 1982 FILE: Commissioners SUBJECT: Indian River County Library Advisory Board/Meeting Requirements FROM: Tom Nason, Chairman REFERENCES: Library_ Advisory Board The Indian River County Library Advisory Board respectfully recommends that the Board of County Commissioners establish attendance requirements for members of the Indian River County Library Advisory Board. A suggested criteria would be the missing -of three (3) con- secutive Board meetings would constitute the basis for reappoint- ment of another person to fill the unexpired term of the person not attending, .The Indian River County Library Advisory Board further recommends that the organizational Resolution be modified to reflect the above attendance requirements. Commissioner Fletcher noted that until the Vero Beach Library Association approves the agreement that is being proposed, these rules would not be applicable to their in- house procedure. It was noted that this rule affects only the Advisory Board. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously adopted Resolution 82-89 re attendance requirements for Library Advisory Board members. 112 RESOLUTION NO. 82-89 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 82-47; TO PROVIDE ATTENDANCE REQUIREMENTS FOR LIBRARY ADVISORY BOARD MEMBERS. WHEREAS, Resolution No. 82-47 established the Indian River County Library Advisory Board but did not specify mandatory attendance requirements or provide for prompt replacement of members who are not able to attend meetings regularly so as to fulfill the purpose of their appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. A fourth paragraph is created and added to Section II of Resolution No. 82-47 to read as follows: Any member who, without good cause, misses three consecutive Advisory Board meetings shall be deemed to have resigned his or her appointment and such vacancy shall be filled promptly by the original appointing authority upon notification by the Chairman of the Advisory Board. 2. This amendment shall become effective immediately upon adoption. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Fletcher 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 15th day of September, 1982. Attest F�# A WRIGHT, Ck rk APPROVED:0 FORM AND LEG UFF NCY By CHRISTofiEk 4. PAULL Assistant County Attorney ,SEP 15 1982 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY —>�- cd.�nz DO SCU OCK, JR. Chairman C/ nox, , 51 PkoE 37 SEP 15 1982 51 pyo 373 Commissioner Lyons reported that the committee has been struggling to set up an agreement between the County and the Vero Beach Library and the Sebastian Library so that we have an understanding about giving them County funds. The proposed agreement in the back-up material is the one which was voted on by the majority of the Library Advisory Board. at the last meeting. The only thing still in question is regarding the central administration of the library unit, and State law clearly requires that there be but one library head for the County even though the County library system is made up of private libraries such as the Vero Beach and Sebastian Library Associations. Commissioner Lyons noted that we have set aside $55,000 for the Sebastian Library; they have to hire a librarian, and his. suggestion was to use part of those monies and hire the Sebastian librarian as the County librarian, thereby killing two birds with one stone. Tom Nason, Chairman of the Library Advisory Board, felt that was a good solution, but noted that the Advisory Board feels that each year the head librarian should switch back and forth from Sebastian to Vero Beach. Considerable discussion ensued about central administration and the centralized handling of funds, and Mr. Nason reported that State Librarian Virginia Grigg felt. that all matching funds must be held in a central location and monitored by the County Finance Director. Donations pledged as matching funds also must be deposited with the County to insure central control. In further discussion, Commissioner Fletcher noted that the wording on Page 2, paragraph E, requires that the governing body in each library shall conduct meetings at least quarterly and send advance notice of all such meetings to the County. lie felt the county citizens should receive some notice as well. 114 Mr. Nason stated that these all should be open meetings and he will clarify the wording to reflect this. Commissioner Wodtke wished to know if the requirement that one of the participating libraries shall remain open at least 40 hours weekly meant that either one or the other will have to be open 40 hours, and Mr. Nason confirmed that was the requirement. Commissioner Bird inquired about auditing, and Commissioner Lyons noted that we now do the bookkeeping for the Vero Beach Library and will do it for both libraries. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to authorize the Chairman to sign the Agreement with the Indian River County Library Association and the Sebastian River Library Association, as shown in Exhibit A of the letter of Assistant County Attorney Paull dated September 10, 1982. Commissioner Fletcher suggested as an alternative that the administrative head might be a Commissioner, but it was pointed out that the Statutes indicate the administrative head must be a qualified librarian. Commissioner Wodtke questioned how a determination would be made as to the amount of money that has been put in the centralized funds by each of the libraries -in the event that one wished to dissolve the agreement. Mr. Nason stated that if the County funds 70% of the library, then 70% of the assets on the average would be considered to belong to the County on dissolution; of course, there are certain eleemosynary items that would have to be considered also - donations of books, etc. ,/ Mr. Nason commented that State Librarian Grigg has stated that it would be acceptable for Betty Rodgers to be 115 AOR 51 PAGE 374 SEP 15 1982 SEP 15 1992, 51 PAGE 75 considered the administrative head if Sebastian Library did not accept this agreement. Commissioner Wodtke stated that he was willing to accept the Motion but would not want it to state that if Sebastian doesn't sign the agreement that they don't get any money. He noted that we do need a contract and this is a start. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commis- sioner Fletcher voting in opposition. Copy of the Library Agreement will be made a part of the Minutes when fully executed and received. DOCUMENTS TO BE MADE PART OF THE MINUTES A. Deed to Grimm for acctuisition of easement for tie-in to Mid Florida System Deed to Floyd Grimm and Helen Grimm is hereby made a part of the Minutes as approved at the Meeting of July 14, 1982. 116 COUNTY DEED THIS DEED, made this 15th day of September , 1982, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Grantor, and FLOYD E. GRIMM and HELEN GRIMM, his spouse, Grantee. (Whenever used herein, the terms "Grantor" and "Grantee" shall refer to both the singular and the plural and shall include all successors in interests, heirs, legal representatives, or assigns, as the context may require.) WITNESSETH that Grantor, for and in consideration of the sum of ONE ($1.00) DOLLAR and other valuable consideration to it in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee his heirs and assigns forever, the following described•land lying and being in Indian River County, Florida: Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 12, Township 33 South, Range 39 East as recorded in Deed Book 109, Page 369; thence run West on the 40 acre Line a distance .of 860.17 feet,.thence run South 0 degrees, 22 minutes West a distance of 84.41 feet to the Point of Beginning: from the Point of Beginning continue East parallel to the 40 acre Line a distance of 35 feet, thence run South 19 degrees, 39 minutes, 24 seconds East, more or less, a distance of 105.95 feet more or less, to.the South property line as recorded in Deed Book 109, Page 369, then run West parallel to the 40 acre Line, a distance of 70 feet more or less to the west property line as recorded in Deed Book 109, Page 369, then run North 0 degrees, 22 minutes East, a distance of 100 feet to the Point of Beginning. Said described area containing 0.12 acres more or less. I - Subject to all taxes accruing after the year 1982. Subject to the reservation in Grantor of a blanket utility easement in, across, and under subject property for use by Grantor for the installation, maintenance,'or removal, of water, sewer, drainage, or similar services; provided, that Grantor shall be responsible for restoration of all areas disturbed by use.of said easement to the same condition existing immediately prior to the disturbance; provided further, that use of subject property by the Grantee shall be limited to improvement for parking or drain- age retention purposes and Grantee shall construct no building or permanent structure of any kind on subject property. 117 I S E P 15 7982 51 PAGE 37 -51 r' - . SEP 15 1982 /• IN WITNESS WHEREOF Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman and Clerk of said board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / G'oo-'o, DON C. SCURL CK, JR. Chairman Attest:k.: FREDA WRIGHT, CIZRK APPROVEI)5 TO FORM AND LE G L' SU ..FICIENCY: By• CHRISTOPHER J. PAULL ASSISTANT COUNTY ATTORNEY B. Agreement w/ Florida Marine Patrol re Antenna Space at Hobart Park Lease. Agreement with the Florida Marine Patrol is hereby made a part of the Minutes as approved at the Regular Meeting of June 16,.1982. 118 ANTENNA SITE LEASE THIS LEASE AGREEMENT made and entered into this 16th day of June, 1982, by and between the State of Florida, Department of Natural Resources, Florida Marine Patrol, hereinafter referred to as Lessee and Indian River County, a political subdivision of the State of Florida, herein referred to as Lessor. WHEREAS, Lessor owns and operates a communication tower site in Hobart Park, Indian River County, Florida, and WHEREAS, Lessee desires to rent a portion of Lessor's property for the purpose of installing and operating an antenna system. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, it is agreed as follows; 1. Lessor does hereby lease to Lessee sufficient space on the communication tower located at Hobart Park, Florida to install a DB212-3 antenna with a seven -eighths (7/8") inch foam dielectric heliax cable together with the right to use a control building for the installation of a one hundred (100) watt Motorola unit to comprise a system utilizing three (3) low band frequencies to wit; 44.96 MHz, 45.00MHz and CTCSS at 203.5 MHz together with an auxiliary 4RW generator and a one hundred and fifty (150) gallon LP gas tank. Lessee takes the facilities "as -is", and Lessor does not warrant that the facility is sufficient for the use intended by Lessee. Any modifications necessary to make the facility usable by the Lessee may only be made after approval by the Lessor and shall be made at the sole expense of Lessee. 2. The term of this lease shall be one year commencing with the date the last party executes same. Lessee shall have the option in its discretion to renew this lease for an additional one year period on the same terms and conditions contained herein. Said option shall be exercised by Lessee providing Lessor with written notice at least thirty (30) days prior to termination of the initial term: 3., Lessee agrees to pay Lessor the sum of SEVENTY-FIVE ($75.00) DOLLARS per month during the term of this lease and 119 ?AGE 378 SEP -151982 SEP 15 7982 renewals thereof. "UK 51 Or n- 79 4. All personal property placed or moved onto the leased premises by the Lessee shall be at the risk ofiLessee and Lessor shall not be liable for any damage to said personal prop- erty no matter what the cause. Lessee agrees to hold Lessor harm- less from any and all claims, damages, causes of action or liabil- ity of any type whatsoever caused by Lessee's presence on the site. 5. Lessor shall pay all electric charges which may become payable during the term of this lease for electricity used by Lessee on the leased premises. 6. In the event that Lessee abandons the premises or uses the premises for an unauthorized purpose, then the Lessor may terminate this lease upon sixty (60) days written notice to Lessee. If the leased site becomes unfit or undesirable for use for Lessee's purposes, Lessee may terminate this lease upon sixty (60) days written notice to Lessor. 7. This lease shall bind the respective parties, assigns and successors. 8. This lease constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements. No revisions of this lease shall be valid unless executed in writing by both parties. 9. The Lessee warrants that it is insured and shall remain so insured during the term of this lease in accordance with the Florida Fire Insurance Trust Fund and to Florida Casualty Insurance Risk Management Trust Fund, Chapter 284, Parts I and II, Florida Statutes. 10. Lessee shall comply with all applicable State, federal and local rules and regulations and laws for the type of activity involved. Lessee also agrees that it's use of the communication tower is limited to use that does not interfere in any way with the current tower occupant's use and further agrees that the signal broadcast by Lessee shall not interfere or degrade signals produced by the other tower users. Lessee shall bear the entire cost of compliance with this section of this agreement. 120 IN WITNESS WHEREOF, the parties hereto have executed this lease for the purposes expressed herein, on the day and year written above. Vfiess Witness APPROVED O F0 AND LEFFI EN9Y:. BY j3ranaen Attorney INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By .3� (--% Don C. Scur oc Jr. CHAIRMAN L Attest: Freda Wright, Cl r State of Florida, Department of Natural Resources Florida Marine trol. By APPROVED AS TO FONA AND LEGrr v ATTOR .N -R 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. 81754 - 81929 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. 121 SEP 15 1982 Rox 51 ME M There being no further business, on Motion made, 9' seconded and carried, the Board adjourned at 3:25 o'clock P.M. Attest: 122 G4d Chairman