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HomeMy WebLinkAbout10/6/1982Wednesday, October 6, 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, October 6, 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, Administrator; L. S. "Tommy" 'Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners, Jeffrey K. Barton, Finance Director; and Virginia Hargreaves and Janice Caldwell, Deputy Clerks. The Chairman called the meeting to order. The Reverend R. L. Quinn, Forest Park Baptist Church, gave the invocation, and Commissioner Lyons led the Pledge of Allegiance to the Flag. ADDITIONS TO AGENDA The Chairman asked if there were any additions to the Agenda. Finance Director Barton requested adding an item concerning the E & I Report from the Tax -Collector for the 1981 tax roll. ON MOTION MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add the emergency item in regard, to the E & I Report, as recommended by Mr. Barton. Finance Director Barton also requested adding a discussion regarding payment of the taping system purchased for the County Courtroom, which was not in the budget. som . 51 PA%4W OCT 6 1992 MOK .51 AGbt 487 ON MOTION MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add the emergency item regarding the taping system, as recommended by Mr. Barton. Administrator Wright requested adding an item concerning Change Order #2 for the South County Water Plant. ON MOTION MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add the emergency item as recommended by the Administrator. Mr. Wright suggested deleting Item 9, concerning a request from the post office. After some discussion, it was decided to leave it on the Agenda, as persons from out-of-town were planning to make a presentation regarding that item. Attorney Brandenburg requested adding a discussion regarding scheduling of public hearings. Commissioner Lyons requested adding an item regarding the beach bond issue. ON MOTION MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add the two emergency item, as requested by the Attorney and Commissioner Lyons. Commissioner Wodtke requested adding two items: a report on a meeting held in Brevard County; and a discussion concerning the parking situation in the back of the Administration Building. L -1 ON MOTION MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously agreed to add the two emergency items, as requested by Commissioner Wodtke. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Comprehensive Land Use Plan Meeting of August 10, 1982. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Special Meeting of,August 10,1982, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of August 18, 1982. Commissioner Lyons referred to Page 90, Line 18, and requested that the word "lady" be deleted and replaced with "Daisy McCoy." ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Regular Meeting of August 18, 1982, as corrected. CLERK TO THE BOARD A. Tax Sale Certificate ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Wodtke, the Board unanimously approved Tax Sale Certificate No. 805 in the OCT 6 1982 3 x rs� 488 OCT 61992 amount of $27.78, and No. 813 in the amount of $49.40 for Virginia M. Lloyd. B. Witness Coordination Program The Board reviewed the following memorandum dated September 29, 1982: TO: Board of County Com- missioners FROM: Jeffrey Barton, Finance Officer DATE: September 29, 1982 FILE: SUBJECT: witness Coordination_ Program REFERENCES: According to a letter received from David B. Douglass, Court Administrator which stated that due to the State's shortfall in tax collections and a recent Cabinet across the board 20 reduction in State expenditures, the Chief Justice of the Florida Supreme Court has had to reduce the funds scheduled for reimbursing counties who participate in the Witness Coordination Program. Mr. Douglass also stated that based on the above information, the request from him to establish this -Program, �.s being withdrawn. It is my opinion that this Program should be addressed next year during our budget.sessions, after we know what the 1983 Legislative Session has done to provide funds for this Program. As a point of information, the St. Lucie County Commissioners have agreed not to fund the Program because the cost of the employee and the fringe benefits will be more than what we will receive from the State. It is my recommendation that a Resolution be adopted and the Chairman be authorized to sign same, declining to fund the Witness Coordination Program in this fiscal year. ON MOTION MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously agreed to write a letter to the appropriate person declining to fund the Witness Coordination Program in this fiscal year. C. E & I Report ON MOTION MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously agreed to approve the E & I Report for 1981, which would require the signatures of the entire Board. PROCLAMATION - COMMENDATION FOR TOMMY UBANKS Chairman Scurlock read the following Proclamation commending the life-saving efforts of Tommy Ubanks: � OCT 61982 f i OCT 6 1982 PROCLAMATION PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE HEROIC EFFORTS OF MR. TOMMY UBANKS. WHEREAS, on Saturday, September 18, 1982, a near tragedy befell the Hank and Carole Gauthier family of Palm Bay, Florida, as their eight month old son, Lucien Henry Gauthier, accidentally tumbled into a family swimming pool, rendering him unconscious and without visible signs of life; and WHEREAS, following a series of relayed calls for emer- gency assistance, Sebastian resident and Florida Power & Light employee Tommy Ubanks happened to arrive at the scene along with a neighbor who had been contacted for help; and WHEREAS, having a working understanding of the princi- ples of cardiopulmonary resuscitation (CPR), Tommy Ubanks courageously and without loss of hope administered the lifesaving technique to the child until renewed signs of life appeared; and WHEREAS, as a result of this heroic and timely response, medical personnel agree that Lucien"Gauthier is alive and well today, and is another living beneficiary of CPR training; and WHEREAS, is it altogether fitting and proper for the citizens of Indian River County to commend this act of responsi- bilty and compassion for one's fellow person. NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS hereby recognizes and commends Mr. Tommy Ubanks for his courageous efforts in saving the life of young Lucien Gauthier and be it further proclaimed that the Board acknowledges the invaluable benefits of CPR education within Indian River County and encourages its continuation. ATTEST: By `P.i..aj/LZk/ FREDA WRIGHT, Cl' k APPROVED TO FORM AND LE OF ICIE : By CHRIXOPHBR J. PAULL Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY DON 'T. SCURLOCK, JR. Chairman CLERK TO THE BOARD D. Tape Recorder for Courtroom Attorney Brandenburg explained that the purchase of the tape recorder, amounting to approximately $1,200, had not been authorized and was not in the budget. Motion was made by Commissioner Bird, seconded by Commissioner Fletcher, that the Board approve the purchase of the tape recorder, after the fact; that the funds be expended from County Court Account #001-902-516-66.41, and that a letter be sent to Judge Stikelether reminding him of the County's purchasing procedures,. 13 Commissioner Lyons stated that he planned to vote against the Motion as this was an unauthorized purchase done on an informal basis. Lynn Williams, Acting General Services Director, advised that staff had been setting up the old recorder in the American Legion Home for several months, and the Judge had discussed wanting -to buy a new tape recorder. Discussion ensued along those lines. Commissioner Wodtke suggested that this matter be tabled until there is more information available. Commissioner Bird withdrew his Motion, and Commissioner Fletcher withdrew his second. The Chairman then directed staff to obtain more information in this regard. CONSENT AGENDA Commissioner Fletcher requested that Items C, D, and E be removed from the Consent Agenda. OCT 6 1992 7 -I OCT 6 1992 A. Reports on File The following reports are on file in the Office of the Clerk: Report of Juveniles in Jail - August, 1982. Traffic Violation Bureau - Special Trust Fund, Month of August, 1982 - $32,326.85. Traffic Violation Fines by Name - August, 1982. B. Riverbend Site Plan Appeal - Public Hearing Request The Board reviewed the following memorandum dated September 20, 1982: TO: The Honorable Members DATE: Sept. 20, 1982 FILE: IRC -82 -SP -54 of the Board of County Commissioners THROUGH: Michael Wright, County Administrator DIVISION HEAD CONCURRENCE: Patrick Bruce King, A CP SUBJECT: FLORIDA LAND'S APPEAL OF RIVERBEND SITE PLAN APPROVAL CONDITION -- ---- - - ed;EFERENG -Letter from-- Staff Planner Steve L. Henderson, Esq. dated September 7, 1982 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: On July 22, 1982, Mr. Richard Van Slyke,- representing Florida Land Company submitted an application for site plan approval to revise the previously approved Riverbend project. The initial phase of the development consists of 116 dwelling units located on a 38.5 acre tract situated on the west side of Highway A -1-A. In April of 1982 the Planning & Zoning Commission approved the site plan for the entire Riverbend project. This action was taken prior to the adoption of the Thoroughfare plan, which designates Highway A -1-A as an arterial, potentially requiring 120' -of right-of-way; however, --the Plan was approved by the Board of County Commissioners in January of 1982. There exists 100' of right-of-way in the area of the Riverbend project. At the time of the original site plan approval the developer did not dedicate the additional right-of-way specified by the Throughf are plan. Due to the design of the proposed development the structural set backs adequately satisfied the requiroments of the Plan. 8 The subsequent site.plan submitted to revise the initial phase of the project proposes a 6' high 23' wide concrete block wall to be constructed, at varying points, on the right-of-way line. The site plan application was approved by the Planning & Zoning Commission with the condition that 10 additional feet on the west side of Highway A -1-A be provided for right-of-way. It is this condition that Florida Land is appealing. RECOMMENDATION The County Commission set a date for the appeal to be heard in the form of a public hearing. The suggested date for this public hearing is November 3, 1982. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved to set November 3, 1982 as the public hearing date for the appeal by Florida Land of'the Riverbend Site Plan. C. Vocational Training &.Sheltered Workshop ON MOTION MADE by Commissioner Lyons, SECONDED by Commissioner Bird, the Board, with a vote of 4 to 1 with Commissioner Fletcher voting in opposition, approved and authorized the Chairman's signature on the Community Services Trust Fund Contract regarding Vocational Training & Sheltered Workshop, and Council on Aging. 0 CT 6 1992 11 1 wt -494 9 wx .51 Fav, 495 OCT 6 1982 3 66--,0 3--10 -yo al COMMUNITY SERVICES TRUST FUND GR?VT AGREEMENT THIS AGREEMENT, beginning the ist, day of rr_i-ntpr , 1982 ., between the State of Florida Department of Community Affairs (hereinafter referred to as "Department"), an. agency of the State of Florida, with headquarters 'in the City of Tallahassee, and Indian River County Board of County Commissioners (hereinafter referred to as the "Grantee") . THIS AGREEMENT (CONTRACT) IS ENTERED INTO BASED ODI THE FOLLOWING FACTS: The Department, in furtherance of its duties under Sections 409.501 througjz 409.506, Florida Statutes has determined that the Grantee has applied and qualifies for a grant under the Florida Financial Assistance for Community Services Act. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1.. Services. Grantee will provide the services described in the attached work program(s), by this reference made a part of this agreement. 2. Incorooration of Rules. Both, Grantee and Department will be governed by applicable law and rules, including but not limited to 55409.501--.506, Florida Statutes and Rule 9C-2, Florida Administrative Code. 3. Commensation. a) The Department agrees to pay the Grantee the total sum of $6,119.00 beginning October 1, 1982 for the (12) Twelve month period b) Contingent upon Grantee's performance of services and submission of timely reports required by Rule 9C-2 F.A.C., said funds shall be paid by the Department in equal quarterly amounts. Page 1 of 3 (c) Compensation is'�her continqant upon app-a"Ality of -unds f_om the Community Services Trust Fund created by Chanter 409, F.S. s. Matching Funds and Budget. The Grantee will provide as :.catching funds for services under this agreement the following amounts: - $3,059.00 Cash $3,059.00 In -Kind Sources for matching funds and expenditures for all funds under this agreement shall be governed by budget attached here and ;,rade a part of this agreement. 5. Delegate Agencies. Grantee may delegate to other agencies the performance of services under this agreement. Such delegate agencies must be identified in the woxk program attached to this agreement. Grantee shall be responsible for the performance of its delegates and will monitor their activities accordingly. in the event of delegate's non-compliance with the work program, opera- ting budget, or the terns of this agreement, Grantee agrees to restore to the Department the grant funds inappropriately spent whether by the Grantee or the delegate agency. 6. Modifications to Agreement. The Department or Grantee may, from time to time recuest changes in the scope of the services or the operating budget under this agreement. Such changes, which are mutually acceptable to the parties shall be incorporated in writing as amendments to this agreement. IN WITNESS WHEREOF, the Department and the Grantee have executed this Agree.. -cent as of. the date first above written. FO THE GRANTEE STATE OF FLORIDA tie!.mr" DEPARTMENT OF CO:L%IUNITY AFFAIRS .'BY By (Signature) (Signature) U C. Scurllock, Jr., Chairman Ln �River t• � orr or°f Chaitrvm .s� Joan M. Hea e`n, Secretary 3 L (Type Name and Title) Type `arse and Title) G•�+ E October 6 1992 DATE'—' I.D. #: 59-6o0 674 oi Page 2 of 3 si� �kt1#y O c T 6 1982 OCT G. 1982 STATE OF FLORIDA COUNTY OF Indian River o 51 wE 4-97 I hereby certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared Don C. Scurlock, Jr. (:Name) to me known to be the person described as Chairman (Ti ale) of Board of County Commissioners who executed the Name of Grantee) foregoing instrument, and he/tfta acknowledged before ne that _ -I he/A4 executed it in the name of and for Board of County w (Name' or Grantee) Commissioners aflfixi ng its seal, and t -hat he/XWe was duly authorized byethat governing body of the Board of County (Name of Granteel Commissioners to do so. WITNESS my hand and official seal in the county and state named above this// day -of [�►Ah) 19 �� N eo tart' kublic My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES AUG 13 1965 6CNAE$ r.IXU GENERAL INS, UNDERWRITERS . r4/�.rr� . —.1 Z.\\..r Zi./ .. ..I ^.^r.�.rT ^vii �.n �I.•���V��T.� .w• V r►^ I—rr.`.. ter.— ,r '' • 7 �— I X A-- TC: Deoa_`_rent of Ccm-;unity Affai_s Division of Local Resource Management ,571 r Z.L.a.c— .._ve,. Cant--= Cir C_e —as= Tara asse_, Fl. 313CI At' CSIF Application Pace . 7 * St=bc:.= two cot) -,es one must be original QII,-:,S= ONS 1. Lcca_ Gcvs_r e.^.::? �;.=t A='=1Y::c _c: Gran-: Indian River County elen ore :.305) 567-800 (: ar-za o_ �cwa, C -4-,:.r or ccu . =;) '—' ME. Zo Adm=ss: 1840 25th Street, Vero Beach, Florida c� c; 32960 CcIndian River Vocational Training and Sheltered Workshop and 2. Ce lac. _,cenc_r (s) : Indian River County Council on Agin (SEE BIIAW) (a^p' _cab e only for o iva _e r _ Low co_ _ o ac_oz ce_eca _es ) 3. 3er_ar. w_ th ave, -a1? _espors_y cf c=an-: ,,.. +.. C..- Dema: _...e^ - w=_1 c:,.^.;:3C- this Ce--scn s1hould c-aes -a ns a=4'se _e:Jeffrey K. Barton Telechore : (305)567 -8000 -Ext. 200 _;!=ass :1840 25th Street, Suite 216, Vero Beach, Florida 32960 4. Name and address of ^erson author:..ed to rece ,.re i` fa,cs T : L P, ca.! -_4 is f-Unded, Checlks w_? 1. be wa i? a perser.. All c'.ec- will a nade payable to the local z=e : Jeffrey K. Barton Address 1840 25th Street, Suite 216 Vero Beach, Florida z- ; r 32960 3. Vocational Training and Sheltered Workshop Indian River County Council on Aging Richard D. Szott Arlene S. Fletcher 1385 16th Avenue 955 7th Avenue -Vero Beach, Florida Vero Beach, Florida 32960 • (305 562-6854 (305) 569-0760 NOTE: This auDlication must be postmarked not latet than August 1, 1982 to be considered. 0 CT 6 '1982 49.8 %Ot- '.V �. 1982 - ( 1 na 4-99 Complete a separate page 2 for each individual program. Use an attachment page(s) if necessary. Name Of Program _Developmental Training 1. Give a brief overview of the proposed program. To"provide formal or informal compensation and remedial education for developmentally disabled adults, such as enriching learning experiences, adult basic education and developmental training. 2. Identifv the unmet human service need that this program will address. There is no program in Indian River County to serve the post -school age retarded adults, so they may have an opportunity to develop the skills, attitudes and behaviors which will enable them to function more succesfully as citizens. 3. What impact will this program have on the unmet need? Through. the use Individual Program Plans each client will receive training to develop maximum use of tt abilities. Progress is scrutinized on a continous basis. Program areas include self-.. he�gt, daily living, communication, social skills,,motor skills, recreation, horticultur ceramics, functiodal reading and number recognition. - 4. Is this program currently operating? YES X NO If yes, what changes, if any, will these funds provide for? Program is currently in operation. This grant will enable us to expand our program with a work -oriented situation and also serve a larger portion of the target .population. S. Identify the specific target population that this program will serve (elderly, low-income, handicapped, etc.)*. Developmentally disabled (Handicapped) adults over age 18 in -Indian River County: 6. How large is the program target population? Provide_ numbers. There are 50 handicapped adults in need of Developmental.Training. . 7•- How many of the target population will be served by the program? Provide numbers. _ =. 35 to 40 -persons - S. Will this program be coordinated with -any other program or services? Identify them and explain the coordination of services. Clients and their families are referred to supportive.services on a continous basis. When a client develops necessary pre -vocational skills, he/she will be transitioned int our work-oriented.program. When a client has worked. In the work -oriented sheltered' setting ro ress will be oefva(lluateldoand Rif necessary the person will be referred to the 9Sta `nlli FtRjde �jr'drf �11riacsatAgnib�g 1haC41idnll�'? If yes, identify the type and amount. No. 10. What funds will sustain this program after the expiration of this grant? Department of HRS,,Title XX Funds and Community support. 11.• Who will do the audit of the program? Must be a CPA firm, + municipal auditor, county auditor or Clerk of Court. Schecter, Beame, Pfiffer and Burstein. 1 I for each program activity GRAN'C APPLICATION 'Page•. 3 of 7 1 Governmental Unit Applying INDIAN RIVER COUNTY town, county or A 1'rogram Objectives C" major accomplishments do you 1 I n to achieve?) f'1I Ovide activities to .35 handicapped �I+�► in Indian River County in the areas �( If -help, socialization, recreation, ►►+!' skills and coordination, independent li:i+,t,, communication and pre -vocation: CII ­;,►a will participate in activities wI11`1 will promote independence and heAlthy s(, I I -concept. I VOCATIONAL TRAINING AND •, ••' SHELTERED WORKSHOP IN INDIAN RIVI • • Name of Program COUNTY, INC. c D, Major ActLvities and Subs tens Required to accompli•sh,objectives 1. Evaluation of clients, and referral for supportive services. 12. Intake, assessment and individualizedtprogram plans for each client. (3. Habilitationt , end training with,ihonitoring of progress monthly• , 4. Training in proper adult behaviors such as social and emotional attitude. ' 5. -Elimination of inappropriate behaviors which are a barrier to participation in community activities. 6. Referral to a„State Vocational Rehabilitation Program, C. Planned Results. Show 'what por- Lion of your objectives will be accompplished each quarter. (QuanL-Lfy all accomplishments.) As of: 12/31782 20 clients will be.evaluated screened, assessed, and provided with an'It)dividua Program Plan for one year. As of: 3/31/83 An additional 15 clients will be evaluated, screened, assessed and provided with a written Individual Program Plan for one year. Cn As ot; 6/30/83 Clients will be receiving habilitation and training in areas of self-help, V socialization, recreation, motor skills and O coordination, independent living and pre -vocation. As of= 9/30/83Annual progress will be monitor( recorded and clients who have reached their potenti will be referred to the State of Florida Vocational Program. 06T 61982 - . ,. �. , :c�p�ace a separate pace 2 for eac i.:4wv:cua� procram. 'vse an at_ac'nnent pare (s) if necessary. Name o. ?roar +m 1i;tjll.^ -'iyor ro,rily ;;Otlncil O L^.r 1. Give a brie: overview of the proposed program. To'coordinate all service by -hi:; ar7,�ncy so that. :he senior citizen will receive the requested promptly - especially in _the transportation/escort, home delivered meals glom^mak-'r areas. TO provid-� central mana,,ement. '• n,_ -y -`y --he unmet human service need that this program will ac:dress ;':� elimanate any unnecessary waitin,- period between request for rices an,! actual delivery. To provide the senior with a since of assurance he/she is not for:^otten. 3. W at impact will this program have on the unmet need? It will allow a tr::inod stat: person -to assemble an overview of the complete situation regarding 'acc senior requesting a service - utilizing the doctor and whatever agency r:%zould be involved. 4. is this program currently operating? YES NO If� yes, what changes, if any, will these funds provide for? All services listed are offered, however, to completely utilize .our capabilities and allow for each senior served to fully benefit from services, the position is desperately needed to providesthis assurance. 5. Identify the specific target population that this program will serve (elderly, low-income, handicapped," etc,) . Senior Citizens.60 yea: and older - 15,000 plus county -wide population. Estimate serving approximately 1700 in the above- mentioned hand core service areas. 6. How large is the program target population? Provide numbers. We find that complete.service packazes are not being provided duir to lack of coordination. We have found this to be the case in one out of every three seniors served-- or approximately.200 recipients should be receiving more than one °ser:4ice. 7 • How many of� the target population will be served by -the program? Provide numbers. Approximately 1700• unduplicated seniors will be served. 8. Will this program be coordinated with any other program or services? Identify them and explain the coordination of services. Yes, respite care, Mini day care, congregate meals, chore, recreation, telephone reassurance, transportation/escort, home delivered meals and homemaker 9. Will these grant funds be used to match a federal or other, grant? If yes, identify the type and amount. No 10.` What funds will sustain this program after the expiration of this grant? Increase in Federal Budget allowances. 11. Who will do the audit of the program? Must be a CPA firm, muni.cimal auditor, county auditor or Clerk of Court, Indian River Co=_'y personnel. 1 1 I '"'I,.. I. -t kr,t. t.1 .J t_ J I f01- each program arc l i vi ty RIIM11i' APPI.1r:A'1'10ti I'rrt.ic. 3Aoi- 7 t,c"'•�1 Governirental Uni t Ajq lying Indian River County town, county ul 'Ci ty) A. i'royrari Objectives 0 I id --2 quantifiable nuribers for U.J jCC:t1Ves a. I., coordinate services offered by this ;i:id other agencies to senior citizens (•f Indian River County age 60 and over L9 effect a more complete and adequate 11ackage for cacti *individu-al as their twods demand. b. 'tv eliminate the possibility of any (]--,lay in the delivery of a service(s) a,; fie e�''�;'' Name of Proyram Indian River,County — Council ons -in n R. Mayr Activi ties and Substel)s Required to accomplish objectives a. To educate existing staff of the functions.of program coordination. b. To inform other service agencies of the functions of program coordination and it's goals. c. To use all Er-Oia sources to effect information to the general'pbblic. ' d. To solicit volunteer participation (individual and group). in all service areas. ti. `pY �!r r C. JAS of: A. a and b-r::�'�'►%- B. a,b and c. As of : 3/31/83 75" , • is B .'�Y.t,i,• a,b,c, and •d. Planned Results. Show what icor �f' kion of your objectives will accom dished each quarter. (Quan� i f y all accomplishments.) 90; 12/31/82 B. a,b,c, and d. SGS. ti ..... As of , 9/30/83 • .i. a,{, . A. a and b-r::�'�'►%- B. a,b and c. As of : 3/31/83 75" A. a and b •' B .'�Y.t,i,• a,b,c, and •d. rAs' Uf. 6/30/83 90; A. a and b. B. a,b,c, and d. As of , 9/30/83 r" 1U0. 1. a and b T 1982 GRANT APPLICATION Page 4 o 7 , OC. 6 - ?lYDIA1V RIVER COLtiTY - 51 503 . cr A. include =ic'u==s all delegate agency budae t5 � = s • B. z =-' ain by�attac.:.:.ert all experd_t•.:res over $500 .per __ .e its. C. Casa: Aatc ;nus:. be at least ore nal of state gran- _ea-est_d. D . T. a cash and is -k-4 =d =atCh ccrbi ned must ecual t._e s tata ;razz. 'Use only dolla=s No cents 1• ratite Gant 2. C„zr vz- (=.Q �a.�OTe I �'•�'SiS1 yY+.b �..I •aOrl.��i�ey .i L'r�.�r.j•j w..VJer 3. In-Xi=d 4. - GZ.��ITEE srrrl`I=STR.�I`.��E E.'t�E�iSE S. Salar-as 6. Rerz---' Sc_ ace 7. T=avi,l- 8 . Su: t1_es 9. 0t er (specify on attac.1-=ent) 10 . TC'I`.A-I. (1i nes 5 tb,rougj-, 9 ) 1= . Sal :ries Ren =a1 Space 13 : T= avel 14 . Sunc 1 _ a s 15. 0t:_r (specs r on attic:^.int 16. TCT .L (lanes 11 thr ouga 161 *17. TC' .=r. :.SLI �,;TS•�+�,rt,TVy EXPE�ISGS . - - - uize 10 and 16 ) C:-sSR- s 61.1g.Q 13, 059.50 3,059.50 12.238.00 LV -X --,VD r *Line 17 must nc c exceed 13% of two ti= -es ? _: e I.. 0 G�V'.'EE PRCGR:1�± ESE:tSE 18. Sala_ -_es 19. Rental Space 20. Travel 21. Ecus. men t 22. Ogle.- (specify on attac!=ent) -_ 23. TOTAL (lines l8 through 22) PRCGRM ELC?ENSE 24. Salaries 4 ?on nn 1,510-75_ 25. Rental S: ace 1.529.75 26. Travel 299.25 27. Ecu'_=ment 2, 789.25 23. Otte= (s=ec_ -y on attac mens) 1,800.00 29• TCT�, (1� :es 2 4 t^r ouc:z 2 S ) 9_i 78 50 1• neo -,n 30. TOTAL ? =CGP �mr =.{Pr:,SES (!_;.nes 23 and 29) 9,178.50 3,059.50 RES 7 and 30) 9" 178.50 n5Q so 32. TC^.=.� . �1:=`:Er--{-=='-7C-=':;?rS (Cash and 0 Lccal Government Unit dppl Y� i ;5: Indian River County CASE AND IN-KIND MATCH. I. Cash Match (no federal funds allowed except federal revenue sharing) Source s l• Cash Contributions 2. Thrift Shop 3 Amount 1, 1 529:75 2. 1,529.75 3. 4. 4. 1. TOT_kL- -CAS H MATCH 32059.50 II. In -Kind Salaries inc. Sou;ly Hours Total Benefits -Position Title Rate Worked _Volunteer Coordinator $ 3.75 w 145 = 543.75 Transportation Coordinator $ 4.00 X 2462 = 986.00 $ X .� $ X = $ X _ $ X _ $ X = II. TOTAL SALARIES 1.529.75 III. Other In -Kind Unit Number Total Description & Source Cost Units Building $ .3824 X 4000 = 1,529.75 $ X = $ X = $ . X $ X = III. TOTAL OTHER 1,529.75 OCT __,6198 GrV•.a. ADPL -CAT ICN Pace'' 6 of 7 -OCT-! 6.1982 ..E _i. Loci: Gc•: er-.-en _a_ r. _ -'�:- INDIAN RIVER CCUNTY 1r zz . •yam•- c• re.r V a .r��^`: • P "Cgr am Name: DEVELOPMENTAL TRAINING Yate of Deleca1e Ageac.,r. Vocational Training and Sheltered Workshop in Indian •�� :255: 1385 16th Ave, VeroRBeach, Flay1296953_ Contact Person: Richard Szott Telephone: (305 } 562-6854 Tax Exempt V, =b 59-164-7746 Z none, attacs a ccmmv of the c-rti._Cato of incorporation) eiC:°SIYiSTR,�T�T E:�?r.iSES 1. Sa l axles 2. Rental . 3. Travel • 4: Supplies 5. Other (spec -42 on attach=ent) 6. TOTAL (lines 1 through 5 ) CASE PRCG?-3,.`2 EYPEVSES 7. Sal ari ss 8. Rental 1529.75 9. Travel •: - 10- Egnipment 2789.25 Other (specify on attachment) •1800.00 12. TOTAL ( lines 7 through 11) .4589.25 1529.75 13 . TOTAL EXPENSES ( line 6 and line .12) 4589.25 TOTAL BUDGET 6119.00 THZ DELEGATE AGENCY HEREBY APPROVES THISArF���I-'r0,a:JD WILL CCtiPLY Wl'"H ALL RULES, 'REGULATIONS AND CONTRAC''•S �'LATZNG ��',TO APPROVED BY: Franklin H. Cox ��1 President of Board (Signatu_e) Typed Name -/-7 riTTESTE*D 3Y; Richard Szott Lit LAM ���--.� 1 Typed Name (S 19nal tu= e) (� Executive Director�Acting Title EXPENDITURES Operating Expense T;lephone 1800.00 Equipment Teaching Supplies 1077.25 Horticulture Supplies 1061.00 Furniture_. 651.00 Total $2789.25 Total Operating 1800.00 Equipment 2789.25 ' OCT y 6'1982 1PAGE 507 _ iiln i-, r Count -.y ;,uu cit ZZ 995 : 955 7`.h Avenue Vero Beach, Florida 32960 pe` Arlene F1e t(fhe:r 569-0760 T=-"•= =.camm t , `Iu,:.!: e : 06-00180-00-41 (i;� none, a cocv L� cn_-- -. - ircc-cca:,=cn) CASE M 2- 3- T= a-ja T + 4. on at�ac:^ent) ones Z through 5) P° C_R;L2! ":t?=:iSES 7. 420n`_00 152?.75 8 • Re:, tal Saacn ; 9. Travel 299.25 10. Sc moi::: en on a ,.aChmer- t) 12. TC AL, (lines 7 t.%i otuch ZI.) 13. TOT_ , E:Xpt- ISES (line 6 and Zine 12) 4g,Rn 1S 152x.75 TOTAL SUJG T Alin nn THE DELEGATE AGENC+.: HZRZBZ Ap? ROVES THIS ;47;^ 'ic - • ^' r�PPL C"_:CN AND WI:L CO,.t.pL_ ALL RUL. :S, GJL�,TC:IS �,;v'D CONT �ACTS �='* Pnll_y OrowF,ll Pres -'Cent oz Scard Typed Name - .....J !Irinnn ClnY�hnr .a.( C �i Typed Name (S, Ti tie n d i r(Ri (((// a R ver county Council Ori Agincr, Inc. 955 - 7th AVENUE • P:O. BOY 2102 VERO BEACH, FLORIDA 32960 TELEPHONE 305 - 569-0760 BOARD OF DIRECTORS Pollv Crowell President Hubert Poole ADDENDA — PAGE 6 Vice President :.l hn Kirchner Treasurer Program Expense: -. Tony DiPietro Secretary SALARIES: Service Coordinator George Armstrong $165.00 per pd x.26 pds = 4290.00 Tom Buchanan _ Charles Cain Gordon Carlile -IN—:IND Bernard Cornell Blayne Jennings •3,lplunteer -Coordinator 3.75 per hr - 145 hrs = 543.75 Rev. Bruce Levine Transportation Coordinator 4.00 per hr - 2462 hr 986.00 Pat Lyons, Comm. Donald E. Nelson _ 1529.75 Charles Parks Sue Schlitt - Arlene Fletcher Executive Director OCT 6 1982 1982 _ GR_s VT �� ? LICAI :'ION Page 7 of 7 Local Gave- . - Board of County Commissioners .•neZ-31 Unit Acolyin c : Indian River County ( 'NA:,M OF CITY OR COMITY '-' T � LIC ►N C=R =-=ES H,- , �a '� . THE :1. P T T . T r+ � • .+. • i T. 7 S � ,,,,r C hI ITS VARIOUS SECTIONS PICT "DI_IG 3U%G:.T DAT:. , ^' - ��-"^- .y_ r"db , is►- .1(.:. :S.JD C"OR.Rzk..-._, TO T 3E5= OF HIS OR RER CFG27D THAT T;.G 0: _:iiS A?PLICATION HAS BEy I DULY AUTHORI"ED AND UND�RS^_:.:IDS T;iA:' IT WT :- BECOME PART OF THE CONTI.R kCT SE 7Wz:Z'.N THE -- A:10 T:I A -?PLIC. -VT . THZ BCe�..RD OF COUNT` COwN!ISS IO►IF.RS OR T E C: v COUNCIL. HAS P ASSZD AN APPROPRI.i_E RESOLUTION Wd* 'rCt 'U", ORIZES 1, 7 E:{PE:IDITUR: OF FUNDS ?OR THEr SP=C:F .I=D ?RCGRtiiS. r- ES OR CONTRI3UTIONS ARE TO 3E UTILIZED AS "".n=C:::_IG FOR T:-?IS�GRA+VT, CR IF A DELEGAT yG:.NCyIS TO ?ROV=D:.urTD;?I:tG S'r.�`+1Z, AL= T!_MS FUYDS ARE NOT rORT:SCOM:NG, THIS RESOL'uT;C.J ALSO SPECIE I S THAT T:i_ CIT`: 03 COUNTY WI?.. PROM E TH= :I'cC S- SARY 'W CH q:S A.PPLIC;,,NT rURT�'cY CES i= IES DU=' TO '*' + �• T I •• TL " LEG+SL�it- I•r'I IN='E�iT NOT TO DCT2LICATE ScRVIC S AM TEAT6. 'NOT :NOT 3E+ IG ?1-,tOVI3ED ;IOR ML THS AIVAI-- AZLZ FROM ;,:J`r 0T:?'s3 AGE -ICY. ALTHOUGH S:.%_r1AR SER lc -s MAY BE AVAI:.�+3I.E A??L,CAN I a .... C_3TI: iE5 '"MkT NO OTHER RESOURC _XISTS "r'0 ?R CVIDE T :::_ PART_- CTJLAR SERVICES TO THE SZ . CLIA iTS SvIiHCUT T::w USE OF Don C . • Scurlock, Jr. :13r•.e t Z. s and I.-ga, i, ;,len.14 By Gan, r;. Branderbwrg Chairman, Board of County Commissioners of Indi n RI.j &coau,'y , lorida Title Chai:.aan of Board. or Couaty CV=1ssicr.e. s etc. Administration Building, 1840 25th Street, Suite N-15.8, Vero Beach Actress Florida 32960 005 ) 567 -8000 -Ext. 434 July 21, 1982 Te.LePncne Date AT'. ES T'D BY : ame itypec) Clerk iltle' `, �igr.a: sre � R E S O L U T I O N No. 82- 65 A RESOLUTION AUTHORIZING AND DIRECTING THE CHAIRMAN OF THE BOARD OF COUNTY COINIMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER, FLORIDA AS FOLLOWS: Section I. That the Chairman is hereby authorized and directed to sign in the name and on behalf of the Board of County Commissioners an Agreement between the Florida Department of Community Affairs and Indian River County, under the Florida Financial Assistance for Community Services Act, as per copy attached hereto and made part hereof. Section II. That all funds necessary to meet the contract obligations of the County and its delegate agencies (if applicable) with the Department have been appropriated and said funds are unexpended and unencumbered and are available for payment as prescribed in the contract. The County shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contributed by other source,_ i.e., contributions other -agencies or organization funds. PASSED AND ADOPTED THE 21st DAY of JULY, 1982. ATTEST: Freda Wright Clerk• . Approved as to form and legal sufficiency By ry//l•1. Brandenburg —/Z a�tl' outSty Attorney A C T 6-1982 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Don C. Scurlock, Jr. Chairman STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND COP%RECT COPY OF THE CRIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK AW A A 0 CT 6 1982 D. Soil &-Water Conservation District Agreement ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the execution by the Chairman of the Cooperative Agreement with the Indian River Soil & Water Conservation District. AMENDMENT to the COOPERATIVE AGREEMENT among the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 14�' INDIAN RIVER SOIL AND WATER CONSERVATION DISTRICT the UNIVERSITY OF FLORIDA AGRICULTURAL EXPERIMENT STATIONS and the UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Re: Acceleration of the Soil Survey in Indian River. This amends the Cooperative Agreement for the Acceleration of the Soil Survey in Indian River between the above parties entered into the 24th day of Sept- ember 1980, as follows: a. Section IV B is amended to allow the effective date of the Agreement to cover the period October 1, 1982 to September 30, 1983.Ej aa,•3 ,..e All other provisions of the Agreement to remain unchanged. � UNIVERSITY OF FLORIDA INDIAN RIVER COUNTY BO RD 0�':�: --. COUNTY COMMISSIONERS `�-'` �ennur3 ti iey, By: By Anthony F. Randazzo Associate Dean for Research Division of Sponsored Research INDIAN RIVER SOIL AND WATER CONSERVATION DISTRICT By: Chairman Title FLORIDA AGRICULTURAL EXPERIMENT STATIONS By; Dean for Research UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE By: State Conservationist E. Library Service Application ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board, with a 4 to 1 vote with Commissioner Fletcher voting in opposition, the Board approved the Florida Department of State, Division of Library Service Application for State Aid to Libraries, and authorized the signature of the Chairman. 0 OCT 6 1982 10-A 5 Ped ` OCT, 61992 V FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES APPLICATION FOR STATE AID TO LIBRARIES The Board of County Commissioners of �n 513 INDIAN RIVER County hereby applies to the Division of Library Services of the Florida Department of State for an operating grant for public library service as authorized under Chapter 257, Florida Statutes, for the fiscal year begin- ning October 1, 1982, and ending September 30, 1983. We certify that the following amounts were expended for the operation of public library service during the fiscal year ending September 30, 1981. Total Expenditures, October 1, 1980 - September 30, 19'81 ........••••• $160,182 - Less, 160,782Less, State Aid (RECEIVED) .12,06-7 Less, LSCA Program Grants (RECEIVED) ......••.•••••• $ 3,000 Less, Any Funds Not Expended Centrally ...•.......•• $ Total Local Expenditures Qualified for Matching .... $ 145,715 We certify that the following amounts, exclusive of federal and state grants, will be available and expended for public library use during fiscal year 1982-1983. County Appropriations (County funds from local $150.000.00 sources only) ................................... *City Appropriations (City funds from localN/A sourcesonly) ................................... Other (specify) .r Ines_ ropier, ,Cj.fts............ $ 449,00 Book. sales . Assoc... M�ril?�xsh�.psy. �lonrreslde�t fees *Affidavit from each city providing funds optional. TOTAL $123 OOO.OG This library service is provided through contracts with the following private libraries: Indian River Library Assoc. ,Inc. and Sebastian: xZ�t�.Ci�i2 1� XX�Y1iRiver T i h•r;;= AScnr• Tnr zAzo non-prn�FI ^r:.vaLe libra grows) The yield of a one mill tax in this county is NIA. 83 -Ai T h.. A An licant a rees to expend -y grantks) awarded pursuant -LAW . P 9 Application in full compliance with the teras and conditions of Chapter 257, Florida ttatutes, and Chapter 1-82, Florida Administrative Code, relating to county free public libraries and the State Library, which Chapters are ;-cornorated by reference as part of this Application.and attached hereto. ' �1't )��j�J///// i%,fir VL / G �r�. Y tr)le' the Czr�it C urt Cha�r,man, GrrV p Indian River _Cc ­j.,,.. Board of County F_Mmiss;overs 4te2, PUBLIC HEARING - AMENDING SECTION 5 OF ORDINANCE 82-7 The hour of 9:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: OCT 61982 51. wt io-� - 5 4t; I - OCT 6-1982 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a l'slA/L k in the matter of ahfA/Y1.. /YUC Q in the Court, was pub- lished in said newspaper -in the issues of A-%'01, Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before -me this -_X5.,_day of Od:,. A.D.._Lg1Z Manager) (Clerk of the Cirduit Co{r j Indian River County, Florida) (SEAL) �v! > 1 wt'5 5= NOTICE OF INTENT TO CONSIDER COUNTY ORDINANCE AMENDING SECTIONS, CHANNEL REQUIREMENTS FOR CABLE TELEVISION ORDINANCE The Board of County Commissioners of Indian River County will conduct a public hearing on October B, 1982, at 9 a.m. in the Commission Chambers at the County Ad- ministration Building, 1848 25th Street, Vero Beach, Florida to consider adoption of an ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION S, CHANNEL. REQUIREMENTS, OR ORDINANCE. NO. 82-7; PROVIDING FOR INCLUSION IN THE CODE, SEVERABILITY AND EFFECTIVE DATE._- If any person decides to appeal any decision made on the above matter, be -she will need a record of the proceedings, and for such pur- poses, he -she may need to Insure that a ver- batim record of the proceedings is made, which record includes the testimony in evidence on which•the appeal is based Sept. 17,1982 The Chairman asked if there was any one present who wished to be heard. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to close the public hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board, with a vote of 4 to 1 Commissioner Fletcher voting in opposition, adopted Ordinance 82-23 amending Section 5, Channel Requirements, of Ordinance 82-7, providing for inclusion in the Code, severability and effective date, and authorized the signature of the Chairman. INDIAN RIVER COUNTY ORDINANCE NO.82- 23 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 5, CHANNEL REQUIREMENTS, OF ORDINANCE NO. 82-7; , PROVIDING FOR INCLUSION IN THE CODE, SEVERABILITY AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; SECTION 1 _ Section 5, Channel Requirements, C of Indian River County Ordinance No. 82-7 is hereby amended to read; C. If any CATV subscribers are being served within a radius of one quarter mile of a school or public library, the licensee shall provide basic CATV service to the school or public library without charge; provided, however, the installation charges shall be borne by the school or.public library pursuant to and in compliance with the provisions of this Ordinance. For the purposes of this subsection "schools" shall mean any elementary or secondary school conducting regular classes and courses of study required for eligibility for certification by, accreditation to, or membership in, the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools or the Florida Council of Independent Schools. SECTION 2. Incorporation in Code. The provisions of this Ordinance.shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 3. Severability. If any section, part of a sentence, paragraph, phrase or word of this Ordinance is for any reason held to be unconstitutional inoperative or void, such holdings shall not affect the remaining portions of this Ordinance and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. i OCT 61982 r -1- PACE 0 CT 6 1982 51 TA�f5l--T- SECTION 4. 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 6th day of October , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By / DO . SCURIZCK, 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. APPROVID p,S TO FORM AND LEGAL S IC bley. By Y M. BRAN ENBURG unty Atto ney POST OFFICE REQUEST RE CENTRALIZED MAIL BOXES The Board discussed the following memorandum dated September 29, 1982: TO: The Honorable Members of the Board of County Commissioners THROUGH: Art Challacombe Planning Dept. Mgr. DIVISION HEAD CONCURRENCE: Z � / ,X� � Z10 atric Bruce ing, I FROM: Janis Johns f a Staff Planner DATE: Sept. 29, 1.982 FILE: INSTALLATION OF MAILBOX SUBJECT: FACILITIES REFERENCES: It is requested that the information provided herein be given - formal consideration. DESCRIPTION AND CONDITIONS: Mr. John Stinson, representing the U.S. Postal Service, contacted the staff concerning the installation of mailbox facilities. - - - - - The Postal -Service- is- discontinuing-it-s--door--to-d-000r-d.elivery_. All deliveries will be made to one of the following: 1) Individual mailboxes 2) Cluster mailboxes. 3) Horizontal mailboxes. located along the street. On August 26, 1982, staff presented the attached procedures and review criteria to the Planning and Zoning Commission. At that meeting, it was agreed that staff would process these requests administratively, without formal approval of the Planning and Zoning Commission. These administrative procedures were necessary because under the present Zoning Ordinance the concrete slab which forms the base of the mailbox facilities is considered a structure. Section 2. Definitions states: "Structure: Anything constructed ..or ei a_cted -. the use of which requires,.more or less-; permanent location on the ground or attached to something having a permanent location on the ground and shall include tents, lunch wagons, dining cars, camp cars or, other structures on wheels or other sup- ports and used for business, industrial or living purposes." Based -on that definition, a building permit and accompaning zoning permit are required. The staff now requests all proposed development projects under review to make provision for mail delivery, either through the Cluster, the Horizontal facilities, or Individual curbside boxes. Mr. Stinson has been most cooperative in complying with location criteria specified in Item 2 of the Administrative Procedures. OCT 6 198212 OCT 6 1982 RECOMMENDATIONS: 51 519 This item was not received L:ntil September 29, 1982, therefore, the staff has not completed their analysis and no recommendation is presented at this time. However, staff will follow through on this and prepare a recommendation for the Board of County Com- mission meeting of October 2.0, 1982. Administrator Wright commented that they did not have a recommendation but would have one later in the day. Commissioner Bird inquired how the determination to have a new post office was made when the central post office had outgrown servicing the community. He hoped that the local people had input in that regard. Anthony Cueto, Jr., Postmaster, explained that -the consideration initiated at the post office with a five year plan. At present, they were working on the South'County post office building at 6th Avenue and U.S. #1. Commissioner Lyons wondered if the post office had ever contacted the City or County Planning Departments before going ahead with their plans for a new facility. The Postmaster responded that letters were sent to those offices regarding their plans. Commissioner Lyons pointed out that the County planned to close the street at U.S. #1 and 6th Avenue. He added that the Postmaster should feel free to come to the County Planning Department, and. staff would help with their planning. Mr. Cueto then introduced his associates, Pete Peterson, Butch Webster and John Stinson, from the District Office in Orlando. Mr. Stinson approached the Board and reviewed the Postal Service'.s proposed program to centralize delivery, and to prevent mail vandalism and mail theft. He explained the mailboxes would have keys, which would provide more security. Mr. Stinson continued that when a new development would be built, there would be no more door-to-door r r � � delivery; the mailboxes would be in a cluster, centrally located in the subdivision. The post office would purchase the mailboxes, pay for the shelter, maintain the shelter, and provide the key control. Mr. Stinson stated that this was a nationwide program and was successful, due to its cost effectiveness. He stated that the postal service could not absorb all the fees and requested a blanket site plan approval from the County. Mr. Peterson stated that this new program eventually would reduce their work staff by 50% in ten years. He then explained the sectional center concept for mail delivery throughout the state. Discussion followed. Bruce King, Community Development Director, explained that the process, presented by the postal service in August, was approved by the Planning & Zoning Board. He continued that in new construction it would be a simple matter because in going through the site plan review process, they would be assured of provisions for mail delivery. However, for an existing development, it would create more of a difficult situation because the developer could not come in for a site plan review. He then talked about the -fees, the time element, and the departments that would be.involved in this process. Mr. King stated that the staff recommendation would be to continue with the site plan process and waive the $10 fee for the zoning permit. Commissioner Lyons wondered if it would be possible for the Planning & Engineering Departments to put together a sample type of plan to prevent the Postal Service from having to come in for every installation. Lengthy discussion followed, and it was determined that the City should be contacted regarding their fees. Attorney Brandenburg recommended that the process be streamlined and that it go through Planning & Zoning rather .00T 6 1982 14 1f CU r OCT 61992 ' 451 tAa?i than waiving it entirely; every agency must go through the site plan process. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board accept staff's recommendation for processing of site plan approval on existing developments; that the decision on building permit fees and slab fees be delayed until staff has contacted the City Building Director; and have a recommendation at the next meeting for the Board. Brief discussion ensued. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. AGREEMENT WITH ARCHITECT REGARDING NEW JAIL Attorney Brandenburg explained that this agreement had been reviewed by the Public Safety Committee. He added that there was a change to be made in the agreement in Section 1.7.5 regarding scope of services. Roger Pierce, Vice President of W. R. Frizzell Architects, Inc., came before the Board, and explained the agreement, which was two -fold. They will do a study to determine the size of facility the County would construct, and they will do the architectural design work, with the fees for the study to be credited if the facility is constructed. Attorney Brandenburg affirmed this fact by referring to Section 15 in the agreement. In other words, the County would pay $40,000 for a study determining the County's needs for the next twenty years. When the County agrees to go with their design of the jail, Frizzell Architects, Inc. would give the County credit for the $40,000. If the County decides not to construct the jail right away, the firm would keep the $40,000. Lengthy discussion took place regarding this matter. The Attorney then reviewed the following: Sections 1.7.9 and 1.7.14. He advised that 1.7.17 should be eliminated in its entirety, and that Section 1.7.20 should read ".....provided same are required by causes not solely within control of the architect." Also, Section 5.1.1 should be eliminated in its entirety as well as Section 10.4, the Attorney continued. Commissioner Wodtke inquired about Article 9 regarding Arbitration. Attorney Brandenburg responded that by eliminating this Article, the County would not be forced to go to arbitration; it would have an option instead. The Administrator discussed the funding, and pointed out that funds could come from the Secondary Road Trust Fund in the form of a loan. The Chairman discussed the interest rate of 14% in Section 14.6. Mr. Pierce referred to "Additional_ Services of the Architect" and explained that this particular clause was put into the agreement to cover any unexpected or unusual service that the County would want them to perform. Lengthy discussion ensued. Commissioner Fletcher referred to 15.8 regarding an interim report developed by the Architects. Mr. Pierce commented that once their interim report was submitted, they would take input from the Board and incorporate it into the final report. This would determine what would have to be built first, he added. They can point out what the needs are, but they cannot make those decisions for the Board. Mr. Pierce requested that the date in I OCT 6 1982 51 wE 522 16 0 CT 6 1982 ` Section 15.8 be changed from October 20, 1982 to "on or About the end of October." Commissioner Lyons stressed it was important that consideration be given to security arrangements for visiting, and suggested wording be used to include procedures for visitation, both professional and personal. ON MOTION MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Chairman to sign the agreement, as amended, with funding as recommended by the Administrator. 0 W THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT ,., made as of the 6th day of October in the year of Nineteen Hundred and Eighty -Two BETWEEN the Owner: Indian River County, a political subdivision of the State of Florida and the Architect: W. R. Frizzell Architects, Inc. 200 West Welbourne Avenue, Suite 5 Winter Park, Florida 32789 For the following Project: (include deuned description of Project lmdon and scope.) See Page 2 (two) The Owner and the Architect agree as set forth below. ""#4 Copyright 1917, 1926, 1948, 1951, 1957, 1958, 1%1, 1%3, 1%6, 1%7, 1970, 1974, ® 1977 by The American Institute of Architects, 1775 New York Avenue, N.W., Washington, U.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 1141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA* • O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 1 fi OCT, 6 1982 - 18 OCT61992: "PROJECT" V ma525l: 1. To study and develop a space needs program, inmate population projects and site requirements, based on input from county agencies and citizen's committee, for a new jail, in conjunc- tion with a conceptual master plan of the entire property chosen and possible future development of additional judicial services. Service shall include inmate population studies, programs for each component building that may be required, along with master planning, schematic design, cost estimates, and development of a facility maintenance manual and user's manual for management purposes. 2. To ptovide design, construction documents and specifications, cost estimates and services through bidding and construction observation. 3. To incorporate the following documents, goals, statements and policies set forth herein in the planning process: a) Indian River County Criminal Justice System and County Jail Mission Statement as approved by the Public Safety Committee and the Board of County Commissioners. b) Indian River County Criminal Justice Complex Goals and Jail Goals. c) All recommendations presently received from County Agencies, Judges, individuals, etc. having an interest in the Jail and Criminal Justice Facilities. Letters received from these entities have been received by the County, and will be turned over to the Architect for inclusion in the Study. d) Chapter 33-8 State of Florida Rules of the Department of Offender Rehabilitation County and Municipal Detention Faci- lities. e) National Institute of Corrections, Planning of New Institu= tions, Phase I - Technical Assistance -Report - Indian River County - June 29,-31, 1981 - Voorhis Associates, Inc. f) National Institute of Corrections, Jail Center, Planning of New Institutions, Work Book, November 8-14, 1981. g) National Institute or Corrections, Jail Center, Planning of New Institutions, Resource Materials. h) Florida Department of Corrections Planning Criteria for County and Municipal Detention Facilities. 4. To provide thelCounty with complete site selection analysis, including but not limited to suitability of the site for development, transportation factors in transporting inmates, - 2 - visitors, etc., energy consideration and social impact to surrounding areas. Prioritized recommendations for site selection shall be provided to the County. Number of sites to be analyzed in detail will be limited to four (4). 5. To provide recommendations for the suitability of portable jail housing units as being used in the State of Florida (such as Broward County) and the feasibility of using the design of existing jail facilities currently operating in other Florida counties for the Indian River County facility. -2 (a) - OCT 6 7982 c 51 wc- 52,, :r. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESIGN PHASE 1.1.1 The *Architect shall review the program fumished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.13 The Architect shall review with the Owner altema- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1S The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 13 DESIGN DEVELOPMENT PHASE 12.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 122 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. 13 CONSTRUCTION DOCUMENTS PHASE 13.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 132 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract. and the form of Agree- ment between the Owner and the Contractor. 133 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 14 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owners approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1,5 CONSTRUCTION PHASE—ADMINISTRATION Of THE CONSTRUCTION CONTRACT 13.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate _ for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 13.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set iorth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1 r,,3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. Instructions to the Contrac- tor shall be forwarded through the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in ac- cordance with Subparagraph 1.5.16. • 15.4 The Architect shall visit the siteat intervals ap- propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- tity of the Work On the basis of such on-site observa- tions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall .endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1S5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub - AIA DOCUMENT R147 • O:YNER-ARCHITECT AGREE%iE%T • THIRTEE%TH EDITIOV • JULY 19:7 • AIAs • O 1977 8141-1977 3 THE AMERICAN INSTITUTE Of ARCHITECTS. IM NEW m'ORK AVENLE. %%V.. WASHINGTON, O.C- 2000E .I contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. * 1.5.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 15.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.5.4 and,on the data comprising the Contractor's Application for Payment, that the Work has progressed to -the point indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica- tions stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 15.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance' thereunder by both the Owner and Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 15.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1S.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, disputes or other matteis, including those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. 1.5.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have author- ity to require special inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with. the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 15.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with V the Contract Documents, and shall have authority to order N minor changes in the Work not involving an adjustment aJ in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract u Documents. to 15.1S The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the 4 • Owner's review written warranties and related documents 3 • required by the Contract Documents and assembled by y 0) the Contractor, and shall issue a final Certificate for Pay- A A mens. V .-t 15.16 The extent of the duties, responsibilities and lim- (D b itations of authority of the Architect as the Owner's rep- 04 resentative during construction shall not be, modified or extended without written -consent of the Owner, the Con- N ro tractor and the Architem rt a 1.6 PROIKT R64MENTAMN KYOND BASIC SERVICES 1-4 14 1.6.1 If the Owner and Architect agree that more ex- Id tensive representation at the site than is described in 4.1 Paragraph 1.5 shall be provided, the Architect shall pro- O vide one or more Project Representatives to assist the V R7 Architect in carrying out such responsibilities at the site. ,?4 1.6.2 Such Project Representatives shall be selected, 0 played and directed by the Architect, an4 the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Architec of It 1.63 Through the observations by such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representa- tion shall not modify the rights, responsibilities or obliga- tions of the Architect as described. in Paragraph 1.5. 1.7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by the Owner, and they shall.be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. AIA DOCUMENT In4T • 0%%%ER•-%RCHITECT AGREEMENT • THIRTEENTH EDITION • ILLY 19" • AIAs • 'J 19:7 4 8141-1977 THE AMERICAN I%STITUTE Of ARCHITECTS. VJS NEW YORK Jk%E%UE. N.1Y., WA5HI%GT0N. D.C- 20006 * Except as provided in Article 15 0 CT 6 1982 - f7'4 T. 0 �T 6 1992 5t++d+es. **1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other .services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided -such Change Orders are required by causes not solely within the control of the Architect. 1.7.14 serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- t .fir � H 9 r' U � N O 4.) In U struction, and furnishing services as may be required in N W connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default U of the Contractor, or by major defects or deficiencies in 4J the Work of the Contractor, or by failure of performance > of either the Owner or Contractor under the Contract for p Construction. Qy r-4 WiASS 54 O ..4 W y 4.) �O 4) U * 1.7.18 Providing extensive assistance in the utilization of O O any equipment or system such as initial start-up or testing, $4 ,C adjusting and balancing, preparation of operation and r0 4J maintenance manuals, training personnel for operation O C and maintenance, and consultation during operation. � r * 1.7.19 Providing services after issuance to the Owner of m y.t the final Certificate for Payment, or in the absence of a •� final Certificate for Payment, more than sixty days after 3 4 the Date of Substantial Completion of the Work. ''o > 1.7.20 Preparing to serve or serving as an expert witness 9 N in connection with any public hearing, arbitration pro- 14 0 ceeding or legal proceeding. --a **1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. **1.7.22- Providing any other services -not- otherwise in- cluded in this Agreement or not customarily furnished in. accordance with generally accepted architectural practice. 1.8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for pen - ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES full ime.fneiien rel ,air. fOr. 860 PF9jerat .L. n.�.� .1 bi 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. AIA DOCUMENT 8141 - OWNER-ARCHI TECT AGREEMENT - THIRTEENIII EDITION - JULY 1-177 - AIA-& - (C) 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASW* :TON, O.C. 2OMTb * Except as provided in Article 15.12 8141-1977 5 �- .. - .. _'�.. "` _' �''E^ K .w:.' -''?''R�",y�•fk-`may"�,'� v"'-`�in �.:: �... � f 23 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights-of-way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade; including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. U The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractors Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 22 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owners expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals atad decisions as ex peditioysly as necessary for the orderly progress of the Architect's services and of the Work ARTICLE 3 CONSTRUCTION COST 3.1 DERNITION 3.1.1 The Construction Cost shall be the total cost our estimata}evist-to ftiowmer of A elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment Which has been de- 6 3141-1977 OCT 6 1982 signed, specified, selected or specially provided for by the Architect. 113 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 33 UNONSIBUTY FOR CONMUMON COST 321 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractors methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.22 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 22 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a faced limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make- reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 323 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 33.4 If a Project budget or faced limit of Construction Cost (adjusted as provided in Subparagraph 313) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 102, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply AIA OMMENT Indn • OWNER -ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIA' - W 1711 THE AMERICAN INSTITUTE Of ARCHITECTS, I;" NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 tt► with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE . 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE S REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: f authorized in advance by Tyner 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. S.13 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.13 Expense of renderings, models and mock-ups re- quested by the Owner. S.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. a ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded �I�VTI 1 i'✓Art 511 or extended through no fault of the Architect, compensa- tion for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the ArehiieEE- County whether the Project for which they are made is executed or not. The Owner shall beoptesin- given cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAa • ©1977 8141-1977 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHIKTON, D.C. 20006 ,@,her$wj6lcic, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Archi- tect. '8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION between the PaA-116 la this AS;eemeat, atising 0119 04 Or - l• _Ferenee .a_•- A_S and sig -_d 6e made Willi* a FeeseRable tifne aftef the elMm di ._ ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due. 8"Ph 40.4 F. W M UN F F. T I �"" W M9 ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not tater than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement, Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREWEN1 • 1r+IR1EENUI EOI11ON • JULY 19.1 • AIAO • 01977 8 8141-19" THE AMERICAN INSTItUTE UF ARCHJTECTS, 17JS NEW YORK AVENUE, N.W., WASHINGtON, O.C. 20004 51 PA -53 2 O C i s 01^82, . ..,OCT 61992 x 53 � E 5'33,x ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of NINE dollars (S ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert bass of compensation, i ch ding fined amounts, multiples w percVn&q@s, and hon* Phases to which particular methods of compensa- tion apply, it necessary.) See Article 15 14.2.2 Where compensation is based on a. Stipulated Sum or Percentage of Constntchon Cost, payments for Basic Services shall be made as provided in•Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (lndude my additiamd Phases as tppropriateJ Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: TOTAL f i f teen percent (15 yo) twenty percent (20 %) forty percent (4 0 %) f ive percent( 5 %) twenty percent (20 yo) one hundred percent - 100 % 143 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately, in accordance with Subparagraph 1.6.2. AIA DOCUMENT M41 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • ICU lo'. • 4149%%W7 • 4141-1977 9 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., k%ASHI�GTO%. D.C. _0006 r 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of :Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Mere tntert Lin at compentarron :mdue.ng runs xi or ntuir z'n r.t Jac, Pe•.onnrl Expense tot Pnn, p.Js and emptovre.. and Jent.ly Pe.nr•,2e1; and cla.la y empla}ees. of required Ident.!y spectf c services to wh:ch pa-oLu. it meth;, at campensat.on a, p:v it neceswv i Services not covered as Basic Services or not covered under Article 15 shall be requested in writing by the owner. When such services are requested in writing by the owner, the architect shall -be paid at a rate of (2.5) times the Direct Personal Expense as defined in Article 4.1 of this Agreement. 14.42 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of one and twenty -f ive ( 1.25 ) times the amounts billed to the Architect for such services. hundreds (rdemtilr specirie trpa of coMultane in Article TS. if nwmed) 145 FOR REIMBURSABLE EXPENSES, a$ described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of one ( 1.00 1 times the amounts ex- pended by the Architect. the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest 4son the dale payment le sixty days after payment is due at the rate of (#Mie ►mserl semi rate of i►tterr",peed upon) 14% per annum. MMarr laws and rpurrem►enu under the rederd rsuth ,n tendt" Acs. s,w►dar date and h►cal anntuman .reads law. ams uther rrgu/et.•,nt. at :4'• Owner's and AnANett l p►,nc•pat oKirs as hu..ne•s. the h" un of the i►otaat and rlsewArrr may ,meal the val,dats .o ch.% pro—mrs %prr.t.: tegit t►dv,ee Amid W obtained wish rapret to Je,alrW1. MoJoicat,ot►. ser on" raytrtremtnus weh as wr.ttt•n d..clawro. .r wa.vrrt ) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of cumpcnsat.--.n shall be equitably adjusted. ` 14.7.2 IF THE SERVICES covered by this Agreement have not been completed ►•.Rhin thirty—six E6) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. MA UOCI•Mt.%t 2141 - G.1.\t4-Aa;.-0%CT AL014t46%e\1 • M.011i%111 tU:1;04 - IVtr V,0 • AL1& • : lv F 10 $141-1977 JM( AMEIiII'4V INSTlti.lt Ur ARCMUCTS, VJS htw %QMK MENU, M w., WASM%L..%tV, 7 c :tiw, • ri K .51 Pot 534 OCT 6 1982 f FA GC' OCT 61992 ARTICLE 1S OTHER COrQMONS OR SERVICES 14.2.1 Basic Compensation - a percentage of construction cost defined below: CONSTRUCTION COST FEE 1,000,000 7.5 1,500,000 7.3 21000,000 7.1 3,000,000 6.9 4,000,000 6.8 5,000,000 6.7 ' 6,000,000 6.6 7,000,000 6.5 8,000,000 and greater 6.4 Percentage fees for amounts between those stated above shall be determined by direct interpolation. Compensation for Criminal Justice System Study: $40,000.00 lump sum fee (payable 50% when interim report is made and 50% when final report is submitted) however, owner shall be entitled to a credit against payments due under basic compensation in the full amount of the $40,000.00 lump sum fee according to the following schedule; The Schematic Design Phase (6000) The Design Development Phase (8,000) The Construction Documents Phase (16,000) The Bidding or Negotiation Phase (2,000) The Construction Phase (8,000) The owner shall be entitled to a credit against each monthly invoice for Basic Services prorated in accordance with the per- centage of work performed within that phase. The Criminal Justice System Study This study is designed to define the Countyts need for space for lay enforcement, detention/correction and law enforcement ad- ministration for a twenty (20) year period and expansion there- after and explore alternative approaches to meet their space needs. The architect will break the County need into ten (10) year in- crements and provide the County with alternate methods of meeting their needs through construction or renovation of existing facili- ties. Furthermore, the architects will provide technical advice and assistance (within the normal limits of their professional ex- pertise) in the selection of sites suitable for the construction of facilities to meet the short and long term needs of the County. The architects will present their alternatives tb the County and thereafter consider the County's input and detailed comprehensive AIA DOCUMENT 3141 • OWNER-ARMITECT AGREEMENT • THIRTEENTH EDITION • JULY 197, • AIAO • © 19-7 6141-1977 11 A IHE AMERICA% M111VIE Of ARCHIIECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGIOV, D.C. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES facility program. Based upon the comprehensive facility program and further advice of architect, the County will provide architect direction sufficient to develop a project program. Upon approval of the project program by the County, architect will commence the Schematic Design Phase set forth in Article 1, Section 1.1 of this Contract. Criminal Justice System Study Approach PHASE ONE: COLLECTION OF INDIAN RIVER COUNTY DEMOGRAPHIC DATA Demographic data will be collected by geographical area (regions of the County) and major municipal jurisdictions within the County. Historical, current and projected data will be presented. Demographic data will include the following signi- ficant variables: - Age - Sex - Birth Rate - Income Levels - Social/Economic Data - Race - Employment Levels - Educational Levels Product: The results of this task will provide -the Frizzell team with comprehensive findings with respect to the County's anticipated growth and the impact of the growth on the criminal justice system. PHASE TWO: DEVELOPMENT OF PRISONER (USER) PROFILES Profile information.will be required for the current correctional system population. This will be a statistically significant sample survey, a complete survey of current popula- tion, or a- random survey of past populations. Significant data that will be assembled will include: Custody status Sex Age - Offense Marital status - Ethnic status Residence - Date of confinement - Length of time in custody - Educational background - Employment - Prior record - Drug history AIA DOCUMENT 1141 • OV%%ER•ARCIIITECT AGREE..MENT • THIRTEENTH EDITION • JULY 1977 • AIA* • O 1977 ]ME AmERICA.V 1%5VTUTE OF ARCHITECTS, 1735 NEI,Y YORK AVENUE. N.W . WASHI%GTON. D.C. 20006 8141-1977 11 B x 51 %E536 OCT 61982 1 ��eE 5�3 ARTICLE 15 OTHER CONDIT-IONS OR SERVICES - Alcohol history - Health status - Mental status - Special problems Product: Completion of this task will provide an assessment of the types of inmates that both presently and historically have been confined in the Indian*River County Jail. These findings are necessary to plan future programs and services. • PHASk THREE: INVENTORY OF JAIL PROGRAMS Existing jail programs and services will be inventoried and analyzed. Information to be gathered will include: - Security classification system and operational mechanism - Mental health programs - Medical services - Drug rehabilitation programs - Educational activities - Vocational services - Alcohol recovery activity �. - Pretrial release mechanisms and -utilization and participation levels - Diagnostic and evaluation procedures and formats - Complete inventory of community-based programs - Diversionary programs available and utilized Product: It is important to identify the various programs that are now available in the Indian River County Jail to provide a foundation for future programs and services. This task will develop data necessary for determining future space requirements for internal jail programs, e.g., individual and group counseling. It will also provide a list of *services that are available in the community that need not be duplicated in the new facility. PHASE FOUR: ANALYSIS OF CRIMINAL JUSTICE STATISTICAL INFORMATION A variety of statistical data must be prepared. Statistical data, charts and graphs will include the following: - Relationship of utilization of release on own recognizance, bail and other pretrial release programs relative to failures to appear - Average time spent in custody to release before trial - Average time spent in custody to trial - Historical crime profile and distribution. of offenders Sentence length by offense for sentenced offenders AIA DOCUMENT 2141 • OWNER•ARCIIITECT AGREEMENT • THIRTEENTH E nITION • TUEY 1777 • AIAO • 01977 1HE AMERXAN INS11TUTE Of ARCHITECTS. 1715 NEW YORK AVENUE, N.W. WAwInGTON, D.C. 20" 0141.1977 11 C ARTICLE 15 OTHER CONDMONS OR SERVICE5 - Average length of sentence versus average length of stay in system Average length of stay in entire system - Point of origin of offense and arrest - Average daily population historically and current - Average daily and hourly populations for typical week, month and seasonal peaking effect Average utilization of special areas, programs and services - Historicl, current and projected crime rate, offense patterns., judiciwl dispositions, sentencing patterns, etc., on an offense -by -offense basis Utilization of probation programs by category, offender profile and.degree of violations - Distribution of disposition of all arrests for preceding year or partial -survey - Distribution of dispositions of all convictions by offense for previous years, including length of time on probation, in County or State facility - Repeat offender statistics, number of prior contacts, convictions for previous years - Historical distribution of security classification levels of . population --Historical relationship of response calls, reported crimes, arrests, bookings dispositions, convictions and average length of stay and average daily population. Product: The Frizzell team understands the importance of comprehending the interrelationships between the various criminal justice system components; particularly as they affect the various space requirements for corrections, law enforcement and courts. This task will provide a thorough understanding of the number and types of individuals who enter and leave the criminal justice system, how Tong they remain in the system and what happens to them while undergoing processing. This information is valuable, as it can provide direction relative to determining which system elements can be improved so as to minimize future space requirements. PHASE FIVE: ANALYSIS OF CRIMINAL JUSTICE SYSTEM FLOW It will be necessary to quantitatively track the Indian River County corrections process. A flowchart will be developed that indicates (for a particular time frame) the quantities of arrests, bookings, bail and pretrial release activities, trial activity and disposition of trial activity. For example, 1,000 arrests will be tracked as they go through the process and become commitments to postsentence detention. A tracking system for all arrests and crime activity and stratification of data into various offense categories will be provided. AIA DOCUMENT 2141 • OWNICARCHITECT AGREEMENT • THIRIEENTM I n11ION • MY 1977 • AIAS • m 1171 11D II4E tiMURiCRN IhSliiuTE Of ARCHITECTS. 1175 NL�Y YORK AYENUI• N.W. WAUHNGTON, D.C. :0" B141"19%% pp 0CT 6 1982 903 1 51 ARTICLE 1S OTHER CONDITIONS OR SERVICES Product: The result of this effort is a flowchart which graphically depicts the flow of offenders through the Indian River County criminal justice system. This will enable the Frizzell team to determine where, if at all, there are delays in the processing of offenders which, in turn impact the prisoner population at the jail. PHASE SIX: PREPARATION OF INMATE POPULATION PROJECTIONS This is one of, if .not the most important, steps involved in the development of the prearchitectural program, as it provides information relative to not only the number, but also type of future jail beds needed by the County, This step can only be completed after Phases One through Five are completed. The following activities are conducted to complete this task: - Determine most appropriate population projection strategy - Compute future inmate populations on five year increments through the year 2002 - Determine types of inmates that jail will confine, including security and custody needs, program and service needs, etc. - Develop various alternatives to confinement scenarios -to adjust projected populations r",'. -'Determine final number of cells, rooms and dormitory spaces needed by inmate classification type Product: The end result of this task is the most important component of the planning study relative to corrections. It will provide Indian River County officials with an estimated projection of the number and type of prisoners that will require detention over the next two decades. Specifically, it will provide projections in five-year increments through the year 2002 of the number of male and female prisoners and their confinement status, sentenced versus pretrial. It will also include projections pertaining to the number of prisoners by custody level: maximum, medium, minimum and community. PHASE SEVEN: PREPARATION OF CORRECTIONS AND LAW ENFORCEMENT The costs of the actual planning, design and construction of a new jail are negligible when compared to the•long-term operating costs for the.jail. With respect to this issue, a comprehensive staffing analysis consistent with the requirements of 33-8 is conducted once the size and design configuration of the jail have been determined. The following factors should be considered in this analysis: AIA DOCUMENT 6141 • OWNit-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • ®1977 THE AMERJCAN 114STITUTE Of ARCHITECTS.. 17JS NEW YORK AYENUt. N W . WASHINGTON. D.C. 20006 8141-1977 11 E `�- �� OCT 6 1982 ARTICLE 1S OTHER CONDITIONS OR SERVICES Product: The result of this effort is a flowchart which graphically depicts the flow of offenders through the Indian River County criminal justice system. This will enable the Frizzell team to determine where, if at all, there are delays in the processing of offenders which, in turn impact the prisoner population at the jail. PHASE SIX: PREPARATION OF INMATE POPULATION PROJECTIONS This is one of, if .not the most important, steps involved in the development of the prearchitectural program, as it provides information relative to not only the number, but also type of future jail beds needed by the County, This step can only be completed after Phases One through Five are completed. The following activities are conducted to complete this task: - Determine most appropriate population projection strategy - Compute future inmate populations on five year increments through the year 2002 - Determine types of inmates that jail will confine, including security and custody needs, program and service needs, etc. - Develop various alternatives to confinement scenarios -to adjust projected populations r",'. -'Determine final number of cells, rooms and dormitory spaces needed by inmate classification type Product: The end result of this task is the most important component of the planning study relative to corrections. It will provide Indian River County officials with an estimated projection of the number and type of prisoners that will require detention over the next two decades. Specifically, it will provide projections in five-year increments through the year 2002 of the number of male and female prisoners and their confinement status, sentenced versus pretrial. It will also include projections pertaining to the number of prisoners by custody level: maximum, medium, minimum and community. PHASE SEVEN: PREPARATION OF CORRECTIONS AND LAW ENFORCEMENT The costs of the actual planning, design and construction of a new jail are negligible when compared to the•long-term operating costs for the.jail. With respect to this issue, a comprehensive staffing analysis consistent with the requirements of 33-8 is conducted once the size and design configuration of the jail have been determined. The following factors should be considered in this analysis: AIA DOCUMENT 6141 • OWNit-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • ®1977 THE AMERJCAN 114STITUTE Of ARCHITECTS.. 17JS NEW YORK AYENUt. N W . WASHINGTON. D.C. 20006 8141-1977 11 E ARTICLE 15 OTHER CONDITIONS OR SERVICES - Number and type of posts to be covered - Number and type of programs -and "services to be provided - Current staffing deployment Post descriptions - Vacations, holidays, sick leaves, etc. - Salaries - Training programs Product: The results of this task will indicate the number of staff the new detention facility will require to provide 24 -hour -a -day supervision of all posts. In -addition to security personnel, the analysis will also provide information as to how many administrative, program, service, clerical and other support staff will be warranted. In addition to the staffing analysis for the corrections facility, the Frizzell team will conduct an assessment of Sheriff's Office staffing requirements through the year 2002. This assessment will include a review of the following variables: Current staffing level - Historical staffing level - Number and type of services to provide - Type of space needed by staff function - Number of index offenses - Number of arrests - Number of calls for service The sources of this information include the following: - The Sheriff's Department staff - All laws, regulations, policies, Court standards and correctional guidelines in effect - Annual Sheriff's Department reports for past years'-.' - Previous annual budgets and current detailed operating budget - As -built drawings of all facilities being utilized for correctional and processing activity throughout the County - Florida Department of Law Enforcement Annual Reports - Annual costs of contract services being provided - Appropriate Building and Fire Code requirements - A large, reproducible map of the County, indicating municipal jurisdictions, unincorporated areas, primary road and land features and relevant County facilities - A detailed and reproducible site plan for all facilities AIA 0nC1%1LMT /141 • 0.1 0CARCHUECT ACREEMENT • T111RTEENT11101TION • JVLY19:I • AIM • m191) ;l0<t1h , 51.E 640" OCT 6 1992 OCT 6 1992x 41 ARTICLE 15 OTHER M%DITIO`S OR, SERVICES The County will be involved throughout this Study. Frizzell Architects will complete all tasks, but will require management advice from the County at critical points. Consequently, the County will maintain the Facility Committee to serve for over -view and review throughout. This function will be especially important when alternatives are selected. It is our intention to provide the Committee with a constant flow of data, so that they may be fully informed, enabling them to make responsible decisions. In performing the Study and related function, the architects shall consider and perform their services consistent with the following: Mission Statement The Indian River County Jail and related Criminal Justice and Public Safety Facilities shall be planned to meet the immediate community needs for the next twenty (20) years, and be flexible for future expansion. The Indian River County Jail will house all inmates in a humane manner. The jail will be operated in a manner that will provide the - necessary security and safety for the community, all the staff, visitors and the inmates. The facility will comply with the laws of Indian River County, the State of Florida and the United States. The Indian River County Jail will, at all times, be operated by qualified officers in the most cost-effective manner possible with special emphasis on design for staffing efficiency. A positive environment shall be created for the inmates by insuring that: 1. The environment is healthy, safe and secure. 2. A variety of programs be offered to lessen stress such as visitation, library services, exercise yard, and religious and rehabilitative services for those who wish to participate. 3. Incentives be offered through a classification system based on behavior, special needs and State requirements.* Any community service or social agency that has programs which would be beneficial to the corrections staff or the inmates will be encouraged to work at the jail, and the design shall take this into consideration. A master plan should be formulated for the needs of the Criminal Justice and Public Safety systems for the next twenty (20) years. This shall include recommendations for the consolidation of the Sheriff's Department in the area adjacent to the jail and the possible inclusion of First Appearance Court facilities at the jail. eot` The planning shall also include the exploration of the possibility AIA DOCUMENT 514t • OWNER•A"ITE.CT AGREEMENT • T194TEENTH FDITION • JULY 1977 • AIA9 • (D1977 B1Sl1977 11 711E ANEZICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVENUE. N W . WA511INCTON. O.C. 20006 - C, . ARTICLE 15 OTHER CONDITIONS OR SERVICES of consolidating the Civil Defense facilities with the Sheriff's facilities. All jail and related facilities shall be planned to meet the immediate community needs for the next twenty -(20) years, and the flexibility for future expansion. Criminal Justice Complex Goals a. Criminal Justice Complex to accommodate maximum use by Criminal Justice system and necessary supportive systems. b. The Criminal Justice Complex shall be designed in a manner which will be in harmony with the site selected. It shall be placed on the site to accommodate future expansion. c. The Complex shall be designed to accommodate the general public, community service agencies and specialized agencies with the minimum interruption of operations. d. The Criminal Justice Complex shall be designed to incor- porate the most energy-efficient and economical systan practicable. e. The maintenance system shall be designed to accommodate a minimum of staffing. The Complex shall be easy to maintain and to clean. f. The site that is selected will be large enough to accom- modate for future expansion, adapt to future needs and be flexible enough for future requirements, including provision for juveniles and other special populations. g. The Criminal- Justice Complex shall be designed to optimize cost efficiency and be cost-effective. h. Should the Civil Defense Department be incorporated into the Criminal Justice Complex, all governmental standards shall be met. i. The Criminal Justice Complex shall be designed in accor- dance with all applicable State, Federal and County requirements. j. Explore and implement alternatives to incarceration. Indian River County Jail Goals Administration: Provide incentives for behavior. AIA OOCUNKINT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIM • ® 1977 IME AN4R1CAN INSTITUTE Of ARCHITECTS. 173% NLW YORK AVENUE. NW.. WASHINGTON, D.C. 2OW6 9141-1977 11 H 0CT 6 1982 s�ar�c 451 542 J OCT 6199 2 1 �� � �, ARTICLE 15 OTHER CONDITIO`S OR SERVICES Increase staff productivity. Have policy procedure directives written which meet all State standards, and are a usable tool for the staff. Adequate storage shall be provided to accommodate the -jail records, supplies, personal property and jail properties. Staffing: Reduction of noise for staff and inmates, with an area for .staff to have a multi-purpose room that is out of sight and sound of inmates. Staff shall be trained to meet State standards, and also provide in-service training to solve special problems that might arise. Facility design shall minimize staffing needs. Housing: Provide a flexible, minimum security housing area to accommodate alternative programs for detention. To accommodate a number of individual needs for special inmates such as infirmary cells for the mentally and emotionally disturbed inmates, drug and alcohol abuse inmates and juvenile inmates. Sufficient single -cell occupancy to insure safety, health, • welfare and protection of individual rights of inmates. That the jail be -designed for expansion if it becomes necessary due to an increase of inmate population. To avoid stress and promote harmony, the construction should be designed to eliminate, as much as possible, excess levels of noise. Security: Provide multiple layers of security, to include maximum, medium and minimum. Reduce introduction of contraband. Each area of the jail should be designed to achieve the optimum of security for that section. AIA DOCUMENT 0141 - OWAIfR•ARCHITECT AGREEIMENT - THIRTEENTH EDITION - JULY 1977 - AIAO - O 1177 THE AMERICAN INSTITUTE W ARCHITECTS. 17]1 NEW YORK AVENUE, NW., WANIIINGTON, D.C. 20006 B141-1977 11 I a ARTICLE 15 OTHER CONDITIONS OR SERVICES The central control shall be away from the general civilian population, and should provide the optimum access to the general inmate population with the least amount of staffing. Explore electronic means for warning by exception. Total control of movement of all inmate personnel from one area to another shall be under central control. All security contrdls shall have manual backup. Intake: The intake area of the jail shall comply with the State regulations, 'to include drive through sally -ports with adequate space to hold several cars to handle uncontrollable prisoners in a safe and secure manner and provide room to complete the proper booking procedures. Office space should be available for proper completion of all reports and to accommodate special visitors when needed. Programi Recreation Space shall be provided for indoor and outdoor recreation, and the proper security shall be maintained at an optimum level. Visitation Provision should be made for professional visitors to contact their clients in a private, secure area. To accommodate contact and non -contact visitation between inmates and their visitors so that they can be controlled in a secure room, Religion Either in a multi-purpose room or, if necessary, an individual r81gm; and, there shall be a Chapel that would meet the religious needs of the inmates and the community. Community and Social Services There should be secure, designated spaces that will provide workers from community or social sevices the necessary room to assist staff and inmates in a safe and efficient manner. AIA DOCUMENT 1141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIA* • ® 1971 THE AMERICAN INSTITUTE Of ARCHITECTS, 173 S NEW YORK "EPiUE, NW.. WASIIII%iCTON. D.C. 20006 .9141-1977 11 J 0 CT 6 1982 . ®��x1 544 1 neE545,.: OCT 61982 ARTICLE 15 OTHER CGNDITIONS OR SERVICES Services: Medical Medical services and the appropriate space for all the equip- ment and the records, as required by Florida law, shall be provided. Food To provide meals to inmate population which will meet recom- .'mended daily requirements. The food will be bulk -delivered to medium and maximum security cell blocks. - A cafeteria service shall be provided with separate dining areas for minimum security inmates and staff. Maintenance Design of the Complex should incorporate ease of maintenance by removing the equipment (as much as possible) out of secure ^ areas. Design construction should take into consideration future main- tenance on an economical basis. Facilities for maintenance shall be provided external to the secure area. Law Enforcement Goals a. The Investigation and Organized Crime Bureau will be sepa- rated from the Uniform Division, neither being accessible by the jail. b. The administrative section should be accessible by both the Law Enforcement and the Jail Divisions. c. The jail should be designed so that the inmates do not have visibility of the Law Enforcement Divisions. d. The Communications Division should be removed from all general traffic flow. e. Provision should be made for physical fitness and training area to include shower facilities and a gun range. f. There should be appropriate storage for the Uniform and Investigative Divisions, including storage of evidence and impounded property. -- A14 DOCUMINT 1141 • OWNER•ARCHITECT AGREEMENT • TIIIRTEENTH 101TION • JULY 1977 • AIAO • O 1977 8111977 11 j( THE AMERICAN INSTITUTE 01 AR011TICTS. 17)S NEW YORK AYENUt, N.W. WAIIIINGTON, D.C. 2OW6 it A ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 The Architect shall cause, where appropriate, the Notice to Bidders, the Instructions to Bidders and all other construction documents to contain all of of the necessary provisions required by applicable laws, ordinances, rules or regulations of any federal or state governmental body concerning public or County buildings, specifically including, but not limited to those of the Florida Department of Corrections concerning jails or detention facilities. 15.2 The Architect warrants that the Architect has not employed or retained any company or person, other than a bona fide officer or employee working solely for the Architect, to solicit or secure this Agreement, and that the Architect has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide officer or employee working solely for the Archi- tect any fee, commission, percentage, gift or other, consideration, contingent upon or resulting from the .award or making of this Agreement. 15.3 The Architect recognizes that the registered persons practicing architec= ture with the professional association or corporation identified in this Agree- ment as the "Architect", as provided by Section 467.19 of the Florida Statutes. are not relieved from personal liability for their professional acts and that each registered person practicing architecture with said professional associa- tions or corporation shall be jointly and severally liable for the professional acts of the officers, agents and employees of "Architect". 15.4 Omit Paragraph 1.7.3 in its entirety and in lieu thereof insert the following: 1.7.3 Providing environmental assessments. 15.5 Omit Paragraph 5.1.1 in its entirety and in lieu thereof.Ansett'.-the following: 5.1.1 Expenses of transportation and living expenses in connection with. travel from Indian River County to other locations, as specifically requested and authorized by the Owner. 15.6 In addition to Basic Services as defined in Article I, the Architect shall provide services as follows, at no additional fee. 15.7 A'site Master Plan of ultimate development, showing phases of construction, will be developed for one site identified by the Owner. 15.8 An interim Report will be developed commencing upon execution of this Agreement and will be presented to the Owner on or about October 20, 1982. After review and comment on the Interim Report by the Owner, 20 copies of the Final Report will be delivered in approximately 60 days. AIA DOCUMENT 8141 • 0%V%ER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IUIY 1977 • AIA41 • ®1977 5141-1977 11 1NE AMERICAN INSTITI'TE Of ARCHIIECTS. 17S NEW YORK AS'E%UE. N.\7. WASHINGTOV, D.C. 20006 L Poo 546 0 C T 6 100002, YCT 6 1982 vox... 51f AtF 547 15.9 Assistance will be provided to the Owner in formulating background data for public information and in presenting such data to the public in connection with public hearings and/or a bond proposal for the construction of the new Criminal Justice Complex. 15.10 Assistance will be provided to the Owner in preparing applications for State or Federal funding in connection with the construction of the proposed new Criminal Justice Complex. 15.11 Upon completion of Design Development Documents, a recommended facility staffing guide will be formulated for the approval of the Owner and the Florida Department of Corrections. 15.12 Upon construction of the proposed new Criminal Justice Complex, assistance will be provided to the owner in training County employees in the proper and efficient use of security related equipment. This Agreement entered into as of the day and year first written above. • OWNER INDIAN RIVER COUNTY ARCHITECT: W. R. FRIZZELL ARCHITECTS, INC. -200 West a urns venue, MIME— 5 1840 25th Street Winter Park Florida 32789 Vero Beach, Florida 32960 By LYBy Chairman Don C.Scu lock Jr. PI A. PIERCE, AIA, VICE PRESIDENT App; o•„ . a � to farm ara.ie al .:utiid ,e 9 - r r . Brandenburg MMA AIA UCK:,'M!%[ listwI I • VNR Ali-- ` • ILIY • • • .,i �� • .�'-. 12 8131-19.77 Tnt �•�:; �w ,»lift tE V( rRC� �It: t> >:11 ♦la YVAh. A'•l'•' ( n I Commissioner Lyons discussed the various people who would be the liaison committee. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to the following Liaison Committee: - Sheriff Dobeck, Captain Baird, James Davis, Art Scheeren, and Patrick B. Lyons. PUBLIC HEARING - AMENDING PISTOL LICENSING ORDINANCE The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 4 - - VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida NOTICE OF INTENTTOCONSIDER COUNTY OF INDIAN RIVER: 41 COUNTY ORDINANCE AMENDING ORDINANCE STATE OF FLORIDA M27, KNOWN AS THE INDIAN RIVER Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath 'COUNTY UNIFORM PISTOL LICENSING ORDINANCE says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published The Board of County Commissioners of at Vero Beach in Indian River. County, Florida; that the attached copy of advertisement, being Indian River County will conduct a public I. • �� hearing on October 6, 1982, at 10 a.m, in the Commission Chambers at the County Ad-, ministration Building, 1840 25th Street, Vero Beach, Florida to consider adoption of an ordinance entitled: in the matter of t % i� -19 ' AN ORDINANCEOF • THE BOARD OF COUNTY COMMISSIONERS OF INDIAN } RIVER COUNTY, FLORIDA, ADMENDING ORDINANCE 79-27, KNOWN AS THE INDIAN. RIVER COUNTY UNIFORM PISTOL LICENSING ORDINANCE; PROVIDING in the Court, was pub- FOR REVISIONS TO SECTIONS 6,7,'S, AND 13 (2); PERTAINING RESPECTIVELY TO DESIGNATION OF FIREARMS' SAFETY AND HANDLING*- COURSE; IN- i fished in said newspaper in the issues of VESTIGATION; NOTICE OF FILING AND ! OF APPROVED APPLICATIONS;. LICENSE REVOCATION SUBSTITUTING A NEW SECTION 9 PROVIDING FOR REVIEW PROCESS; BOARD ACTION; APPEAL OF i DENIAL; CREATING'A NEW SECTION 14 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at PROVIDING FOR NOTICES; RENUM- Vero Beach, in said Indian River County, and that the said newspaper has heretofore BERING CERTAIN SECTIONS; PROVIIN FOR SEVERABILITY, 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 CONDIFICATION, AND EFFECTIVE DATE... , for a period of one year next preceeding the first publication of the attached copy of adver- If any person decides to appeal any decision tiserrent; and affiant further says that he has neither paid nor promised any person, firm or made on the above matter, he -she will need corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. a record of the proceedings, and for such pur- he poses, -she may need to insure that a ver- �i-2 batim record of the proceedings is made, which record includes the Sworn to and subscribed b fore a this day of 1 A.D. testimony in evidence an which the appeal is based. VO- 02 Sept. 17,1982 (Business Manager) Moi A_,P. (Clerk of the Circuit Cou t ndian River County, Florida) (SEAL) fAtE 548 OCT 61982 19 OCT 61992 'I The Board considered the following memorandum from Assistant County Attorney Paull dated September 30, 1982: TO: Chairman and Members of DATE. September 30, 1982 FILE: the Board of County Commissioners SUBJECT: Revisions to Pistol Licensing Ordinance and Procedure FROM: Christopher J. Paul REFERENCES: Assistant County At orney Provided for consideration and final action are the following items: 1. Amendments to Ordinance No. 79-27, the Uniform Pistol Licensing Ordinance which: (a) delete the burdensome-requiremen-t-that -the range examination portion of the application procedure meet State Class "G" (private investigator) criteria, (b) clarify application review procedure and establish an administrative appeal process for denied applicants, and (c) provide that background exams make use of available FDLE and FBI information through fingerprint card review. 2. A resolution approving a revised application form, designating a revised firearms safety and -handling --course to be provided by the Sheriff's Office, and approving a new schedule of fees to offset costs of administering the program. This package comes to the Board with the support and assistance of the Sheriff's Office and County Administration, who together shall be the implementing agencies. Attorney Brandenburg explained the purpose of the public hearing was to clear up problem areas in the present ordinance. Commissioner Wodtke asked for an explanation determining which persons were required to have a permit. Assistant Attorney Paull read from Chapter 790, Sections A through 0. He stated that a hunter would not need a permit, or a person who target practices, as well as going to and from target practice, and any person travelling in a private conveyance. Attorney Paull elaborated that if M you were going to have the gun in your car, you could not have it on your person, it must be encased. Other exceptions were: at the place of purchase of the gun, and going to and from the place of purchase; and in your home or place of business. Lengthy discussion followed about following certain criteria in the issuance of licenses; treating each applicant on a uniform basis; whether or not to advertise the parties involved in an appeal process; the fee structure; the training course; and the renewal applications. Sheriff Dobeck commented that it was never the intent of his department to inhibit the use of firearms for anyone in the County - the question was simply if the County wanted to take on the liability. He explained the training course at the pistol range, and that the applicants did not have to be "combat ready" in order to obtain a permit. He stressed that he wanted the people to have a knowledge of how to use their weapon. Sheriff Dobeck affirmed that they were not trying to change the laws, just trying to set up limitations. Commissioner Bird talked about having separate criteria for new applications and renewals. Commissioner Wodtke wondered if there was a way for the renewal applicants not to have to go through the original training course; possibly they could qualify to certain standards over a period of, perhaps, 6 to 10 years. Sheriff Dobeck felt that was a decision the Board would have to make, and they would have to rely very heavily on what the Attorneys have said that each applicant must be treated the same - with uniformity. The Attorney commented that the same criteria would have to be applied to everyone regarding range and class requirements for gun handling. iI O CT 6 1982 21 BOOK 550 'OCT 61982 B ON Lengthy discussion followed concerning the training requirements. The Chairman asked if there was anyone present who wished to be heard. Dr. Aris C. Lindsey, veterinarian in Vero Beach for the past 28 years, came before the Board. He suggested the Board consider the Hunter's Safety Program sponsored by the Florida Game & Fresh Water Fish Commission, which he felt ".was one of the best in the United States. Dr. Lindsey urged the Board to make every effort not to penalize people who want to protect themselves, and hoped that it never comes to the point where a person is refused a permit in order to defend themselves with their gun. Bill F. Stegkemper, resident of Vero Beach since 1949, approached the Board, and stressed that the people affected most by this ordinance were law-abiding citizens; the people who were criminals could care less about the County ordinance. He felt the mere presence of a handgun prevented crime in many instances, and related several incidents that personally occurred to him. Mr. Stegkemper reviewed the various laws, bills, and the Florida Statutes pertaining to this subject. He thought the Board should prepare a law that would be in line with what they were trying to get introduced into the State: Mr. Stegkemper felt there should be firearms courses available. He then displayed various guns to the audience and Board. Commissioner Fletcher asked if Mr. Stegkemper felt individuals should have some regulations put on them concerning firearms. Mr. Stegkemper responded negatively. Lengthy discussion ensued. Commissioner Bird felt the County's requirements should conform with the bill being presented in Tallahassee. 7_1 O M, Commissioner Wodtke commented that it would be beneficial if there were a uniform application process for all residents of the state. He also pointed out the 'liability aspect that the Sheriff mentioned earlier, which was difficult to address. Commissioner Wodtke pointed out that the Board must make the guidelines for firearms and he did not want to restrict sportsmen. Attorney Brandenburg cited the case of Brevard County vs. Bagwell, in 1980, which concerns licensing of firearms. He stated that without an ordinance, the Board did not have a vehicle with which to issue a permit. The Sheriff interjected that he felt a person carrying a concealed firearm should be more proficient. He thought the Board might want to use Dr. Lindsey's suggestion to exempt people who have attended the Florida Game & Fresh Water Fish Commission training course. Commissioner Lyons noted that other courses the applicants have had might also be taken into account. The Chairman suggested tabling this item until staff has had an opportunity to implement the items brought out in today's discussion, as well as how applications are to be renewed. MOTION WAS MADE by Commissioner Fletcher, SECONDED by Commissioner Lyons, that the' Board continue this public hearing to 2:00 o'clock P.M. on November 3, 1982. Dave Jenner, Vero Beach resident, inquired if the Board and Sheriff were going to be responsible if someone died who wanted to apply for a permit; and why did the applicant have to be proficient? Commissioner Wodtke assured Mr. Jenner that they were trying to solve the problems involved in this regard. 23 51 rw 552: OCT� 6 982 OCT 61982 fQOX 51 orf 553 Mr. Jenner also complained about the types of guns with which the applicants were required to be proficient, as well as the level of proficiency. An interested citizen interjected that the Sheriff was trying to make CIA agents out of everyone, and felt the requirement for shooting with the left hand was entirely unreasonable. He felt a person should be able to carry a handgun for his own protection, and asked the Board to consider this fact. THE XHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PROCLAMATION - NEIGHBORS HELPING NEIGHBORS DAY The Chairman read the following proclamation and presented it to Alison DeGenero: P R O C L A M A T I O N WHEREAS, Alison DeGenero is the founder of NEIGHBORS HELPING NEIGHBORS, an organization that has been active since 1978; and WHEREAS, NEIGHBORS HELPING NEIGHBORS is concerned about the elderly and serving the needs of the community; and WHEREAS, this organization was inspired by a determination and desire that citizens should help each other rather than ask the government to provide funds; and S WHEREAS, the popularity of NEIGHBORS HELPING NEIGHBORS dictated that an official symbol be designed; and WHEREAS, the citizens of the community will present and dedicate an official symbol for NEIGHBORS HELPING NEIGHBORS; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, do hereby proclaim OCTOBER 6, 1982 as "NEIGHBORS HELPING NEIGHBORS DAY" IN WITNESS, WHEREOF, I have hereunto set my hand this 6th day of October in the year of our Lord nineteen hundred and eighty-two. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: / C Don C. Scurladkr, Jr. Chairman ..mow. ATTEST: 1 Freda Wright, C k OCT 6 19V2 51 Fmt,E55� Mr. DeGenero thanked the Board for the proclamation. He then introduced the Vero Beach High School Chorus, and they sang "God Bless America." Mr. DeGenero related the story of how the Neighbors Helping Neighbors sign originated. William H. Cochrane, Mayor of the City of Vero Beach, read the following letter from the President of the United States: THE WHITE HOUSE WASHINGTON September 10, 1982 Dear Mr. DeGenero: Nancy and I send our heartfelt congratulations to you and to all of the friends of "Neighbors Helping Neighbors" at this special -dedication. America is.greatly enhanced by the generosity and concern of her people, and I am proud to say thank you for your efforts to enrich the lives of your fellowman. God -bless you. Sincerely, Mr. Alison D. DeGenero NEIGHBORS HELPING NEIGHBORS Post Office Box 714 Vero Beach, Florida 32960 Mr. DeGenero then introduced Gregory G. Holtan,•who unveiled the new "Neighbors Helping Neighbors" sign. The Board members then congratulated Mr. DeGenero for all of his efforts with this outstanding program. i COMMENTS BY JUDGE STIKELETHER RE TAPE RECORDER Judge Stikelether approached the Board and stated that he would limit his statements to the prepared statement 'which he was reading and would answer no further questions or have further comment to any one at this particular time. He continued that this concerned a phone call he and his judicial assistant received this morning regarding the tape recorder. The Judge stated he was pleased to have this opportunity to speak to the Commission, although it would be after the fact, since various Commission discussions concerning him were discussed. He was curious to know whether Dr. Feldman's letter was on the agenda for today; and if not, he wanted everyone to understand the full import of that letter. If the letter was not on the agenda, it was interesting how this item.got on the agenda as opposed to the letter. Judge Stikelether wanted everyone to understand the full importance of Dr. Feldman's statement that according to the latest County test, his courtroom and his judicial assistant's office in the courthouse had a minimum of 40 times the amount of formaldehyde which they were permitted to be exposed to, even for a duration of several minutes, without violent reaction. Insofar as his office was concerned, the same report, sanctioned by the County, showed a minimum of 62 times the amount of formaldehyde above which they were allowed to be exposed to without extremely violent reactions. Insofar as the tape recorder was concerned, at the time the bill for the tape recorder was submitted to be paid, he fully expected and told several individuals that it would be the number one item on the County Commission agenda. But, at 9;04, without notice to him, the Judge learned it had already been discussed. Judge Stikelether noted that, insofar as the cost of the tape recorder was concerned, Finance Officer Barton prepared the Judge's budget personally since they had none of their OCT 6 1982 27 - s . ?Aa557 records to do the same themselves, as they had every other year. The Judge continued that at the time of preparation of the rough draft of the budget, Mr. Barton agreed they would have to have a new recorder at the beginning of the new fiscal year. Mr. Barton then took the rough draft of the budget, put the same in final form, and personally brought the same to the Judge for his signature, at which time he again assured them there was sufficient money to purchase a new recorder. If necessary, Mr. Barton would make the necessary accounting adjustments, as he had done in other matters of this kind in many years past, from one of the items which provided excess funds, and thus eliminate the necessity of bothering the County Commission. Judge Stikelether noted it was very interesting that any information that was ever given to the press by this Commission or its employees concerning his judicial assistant, Mrs. Georgene Edwards, or himself, there was always some dollar figure mentioned, totally unrelated to the subject matter at hand.. In an effort to set the record straight, the list of expenditures in the courthouse prepared by Lynn Williams and Dr. Hardin, as of February 25, 1982, amounted to approximately $36,000. After receiving those figures and going over them with Mr. Williams and Dr. Hardin, it had been determined that approximately $8,000 of the $36,000 was attributable to him; although two items appearing on the same day, in two newspapers, useda figure of $50,000 and $60,000, respectively. To point out just two examples on a two page list, one being a figure of approximately $4,000 included in the total, which were medical expenses for Ms. Laurie Kundrot. These were to be repaid by the Workmens Compensation Division when the case was finally settled - it was his understanding that it was finally settled and resolved. The other example: the Hepplewait test at no cost. The State Department of Health conducted the same at no cost to the County. The Judge explained a notation that read: "Comparable cost to the County for test by private individuals at $50.00 per test." His being charged with 24 tests, in the amount of $1,200, for which the County had never paid one single, solitary penny - was an imaginary figure. Judge Stikelether noted that Mr. Hepplewait was never paid a single penny by the County because he was employed by the State. Judge Stikelether thanked the Board for listening to his statements and added that he would be interested in the Board's response, with no other comment or response by him. Commissioner Fletcher stated that for the Judge's information, the Finance Director requested that this item be added to the agenda today, as an item necessary to be paid.- As far as the letter the Judge was referring to, that was not on this agenda. Regarding the cost analysis, Commissioner Fletcher believed he was correct that there were some errors regarding the actual costs. Commissioner Bird affirmed that the only item they had on the agenda today was to approve payment of the tape recorder bill, approved October 4, 1982 by Gina Edwards. Judge Stikelether interjected that -October 4th was Monday, the day the Board had received Dr. Feldman's letter. Commissioner Bird stated that he had never seen Dr. Feldman's letter. Administrator Wright explained that the letter came after the agenda items were normally submitted, but it would be on the next agenda. He continued that the tape recorder bill must be paid prior to the 15th, which was before the next Board meeting; therefore, it was necessary to have it on today's agenda. OCT 6 1982 29 Boot 51 PAO 558 OCT 61982 1 559 Attorney Brandenburg explained that the idea was to pay the cost of the tape recorder out of last year's budget, and in order to do so, it would have to be paid by the 15th of this month. Commissioner Fletcher commented that Mr. Barton gave the indication that the tape recorder was an .unauthorized expenditure of County funds. Chairman Scurlock added that it was with no prior -. approval. Judge Stikelether again stressed the importance of Dr. Feldman's letter and that he was functioning as the County Judge because he and his judicial assistant were in quarters in which they could survive. They were not swamped, contrary to any published reports. The Judge stated if the Board wanted him to go back into the courthouse and.they want him to malfunction and possibly end up in an intensive care unit after 15 minutes, then he would no longer be able to function; perhaps they could find someone that can. He added that he had two years to gp; he was doing his work and was current; there was absolutely no problem. The only thing that he had asked was for the Board's help to allow him to continue to function in that job. Also, the Judge stated, he would like the Board to do something, in some tangible manner, to correct the incorrect ideas that the people of this community had, as his hands were tied and he could not enlighten the people on the situation. Judge Stikelether said that he had left that up to the Board and he had been crucified. If the Board could straighten out that problem, he would appreciate it very much. Commissioner Lyons referred to the request from Judge Trowbridge regarding the case load, and that it was coming to the point where the County would require two judges. He added that this had nothing to do with the health situation. W The Judge referred to a conversation he had with Chief Judge Trowbridge where they discussed a letter from Chief Justice James Alterman of the Supreme Court. The letter indicated the County was eligible for another judge as the population had doubled in ten years. When asked if he could use the assistance of another County Judge, Judge Stikelether responded that he "would leave that up to your wisdom." That was where the matter stood, he advised. Commissioner Lyons thought the Board would like to have Judge Stikelether's advice on this matter. Judge Stikelether responded that he would appreciate it if he were permitted healthy surroundings that would allow him to function normally, without being pushed into areas in which he functioned abnormally, where he would not function at all, incidentally, because he would step down before then. The Judge felt he could handle his case load, because he was a workaholic. Commissioner Lyons affirmed that he knew the Judge was a hard worker. Judge S.tikdlether stated that by the same token, according to the figures of the case load and population,. many counties with much less impressive figures have more than one County Judge, and he would not object. The Judge added that the only thing the County must take into consideration was that, of course, there was one courtroom area still open in the courthouse. If the situation were to come to a point that they could return to the courthouse, then a second County Judge and his judicial assistant would necessitate office space, along with an additional courtroom, which he under- stood was in the planning stage. Commissioner Lyons stated that he understood that, and that the Board would want to go about the job of trying to take care of the matter. OCT 6 1982 31 �o z. OCT 61982 Box 51 P, Aa 561, Judge Stikelether commented that he would not object to it and would not disagree with Judge Trowbridge's observation; in fact, he would even agree with the fact that they could use a second County Judge according to the figures in the case load. But, he added, he was in no way overworked. Commissioner Lyons commented that he was very aware that the Judge had spent a lot of hours working, even on the weekends. The Board thereupon recessed at 1:05 o'clock P.M. for lunch and reconvened at 2:30 o'clock P.M. with the same members present. Deputy Clerk Virginia Hargreaves replaced Deputy Clerk Janice Caldwell for the remainder of the meeting. L__ F1 CONTINUATION OF DISCUSSION RE PURCHASE OF TAPE RECORDER BY JUDGE STIKELETHER The Board wished to go back over some discrepancies in reference to the recorder purchased by Judge Stikelether and requested the Finance Director to clarify whether he authorized the purchase of a recorder or whether there were funds for this in the Judge's budget which could be used with Board approval. Finance Director Barton stated that, as he informed the Board this morning, there were excess funds primarily in the area of witness fees, and if it was the Board's desire to purchase after the fact, the money was there. He continued that he never had a discussion with Judge Stikelether about buying a tape recorder. About a year and a half ago the Judge was having trouble with the Sony recorder which is similar to the one used by the Recording Secretaries. The Judge had access to an identical one which was used, and at that time he purchased the used machine. Mr. Barton stated that since that day, he never has discussed a tape recorder with the Judge until the bill arrived yesterday, and there was no funding for it. Chairman Scurlock inquired whether or not Mr. Barton had prepared the rough draft of the Judge's budget, and Mr. Barton stated that he did prepare a rough draft of Judge Stikelether's 1982-83 budget and had the Judge sign and initial every page; there was no tape recorder in it. The Board reviewed the items listed on the invoices, and it was noted that the items listed apparently were purchased over a period of months but no invoice ever was received until yesterday. Discussion continued as to County policy re going to bid on items of this size, the various accounts in the Judge's budget, the late receipt of the bill, etc. 33 OCT 6 1982 51 %AUOCT 61982 Motion was made by Commissioner Lyons to request the Judge to provide a better description of the items listed on the invoice along with the account to which they are to be allocated. In further discussion, it was noted that these items . have to be inventoried, and Mr. Barton explained that the big problem he has operationally is that this is equipment that was delivered in the last fiscal year, and although we are still within the time frame where he is allowed to bill within the last fiscal year, time runs out as of the 15th of this month. Commissioner Lyons' Motion died for lack of a second. Commissioner Bird did not feel it is fair to make Audiohouse wait any longer for payment of this bill. Motion was made by Commissioner Bird, seconded by Commissioner Wodtke for purposes of discussion, to pay the bill from Audiohouse for the tape recording equipment for Judge Stikelether by October 15th and work out the situation with the Judge. Commissioner Wodtke felt it was evident this equipment was ordered, but he would prefer to find out exactly where the machine is and what the other items cover and are to be charged to before authorizing payment of the bill. Finance Director Barton believed that his office could get this information together shortly. Commissioner Bird withdrew his Motion and Commissioner Wodtke withdrew his second. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously instructed that this matter be put on the October 13th agenda, and that at that time we have a full statement as to the 34 history and disposition of the subject items along with the accounts to which they are to be charged. PROPERTY APPRAISER REQUEST RE MAILING OF TAX BILLS Property Appraiser David Nolte requested that an emergency item be added to today's agenda in regard to the mailing out of tax bills prior to the Property Appraisal Adjustment Board completing their hearings. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unani- mously added to today's agenda the emergency item requested by the Property Appraiser. Property Appraiser Nolte informed the Board that his department is prepared to extend the Tax Roll, and according to law this can only be done after the Property Appraisal Adjustment Board hearings are completed, unless the Tax Collector requests it and the Board agrees to it. Mr. Nolte stated that the items remaining to be considered by the Property Appraisal Adjustment Board will -not affect tax value enough to change any of the certifications, and he would like to get back on a proper tax schedule. Tax Collector Gene Morris confirmed that allowing the Property Appraiser to extend the Tax Roll now would facilitate his department's getting the bills out on time for one of the first times in many years. He noted that any adjustments made by the Property Appraisal Adjustment Board would be handled as E&I (Errors & Insolvencies) only, and any adjustment made by the P.A.A.B. will be reflected in the final roll in any event. 35 OCT 6 1982 OCT 61982 Y 511,%F565- ON 11,%FON MOTION by Commissioner Lyons, SECONDED by'Commissioner Wodtke, the Board unanimously authorized the extension of the 1982-83 Tax Roll prior to the completion of the Property Appraisal Adjustment Board hearings. RELOCATION OF CIVIL DEFENSE & AGREEMENT WITH FLORIDA POWER & LIGHT AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS The Board reviewed the proposed agreement, and Commis- sioner Fletcher wished to know if the wording which states that in no event shall the Company be required to pay a sum which exceeds the amount of $2,864.25, limits the company from other damages as a result of the malfunction of their apparatus. Attorney Brandenburg stated that it did not. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, to approve the Agreement between the State of Florida Department of Veteran and Community Affairs, the County and Florida Power and tight Company dated May 28, 1982, and authorize the signature of the Chairman. Commissioner Wodtke noted that this agreement runs from January 1st of 1982 through December of 1982, which is just a couple of months down the road; it actually is a retroactive situation, and there will be another agreement for the succeeding year. Since the funds are there now, he recommended that we go ahead and sign this, but he wished to be sure we are fully indemnified and that we only commit ourselves up to the level of the funding they are going to make available to us. Civil Defense Director Nuzie referred to the 2nd paragraph on the first page, listing the Statutes, which he felt alleviated the County from any liability. M. Commissioner Fletcher expressed concern about the designation of host county and wished to know whether by signing this document we are agreeing that we are a non -risk county. He pointed out that we actually are down wind from the nuclear power plant, and he believed we are in a risk situation. The Chairman also had worries on this same account. Attorney Brandenburg believed this agreement provides for training exercises and that the State Disaster Plan decides who is risk area. Mr. Nuzie informed the Board that by definition of the federal government, the risk area is within 10 miles of the nuclear facility. Commissioner Fletcher took issue with the official definition. OCT 6 1982 COMMISSIONER FLETCHER OFFERED AN AMENDMENT to the Motion, SECONDED by Commissioner Lyons, whereby we would contact the agency designat- ing "risk" or "host" county and state that we do not agree with being a non -risk designee. THE CHAIRMAN CALLED FOR THE QUESTION on the proposed amendment to the Motion. It was voted on and carried unanimously. THE CHAIRMAN CALLED FOR THE QUESTION on the original Motion as amended. It was voted on and carried unanimously. 37 J �qo�c 51 566 'a C1t' 61982- fAa AGREEMENT AMONG THE STATE OF FLORIDA DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS THE COUNTY OF INDIAN RIVER AND FLORIDA POWER & LIGHT COMPANY This Agreement is entered onto this 28th day of May , 1982, among the State of Florida, Department of Veteran and Community Affairs (hereinafter called "Department"), the County of Indian River (hereinafter called "County", and Florida Power & Light Company (hereinafter called the "Company"). Purpose Certain responsibilities have been defined by the U. S. Nuclear Regulatory Commission (hereinafter referred to as "NRC") in its Rule 10 CFR 50 and 70 (August 1980) and NUREG 0654, FEMA -REP -1, "Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants." There exists a possibility of duplication of effort in meeting those responsibilities, which effort would be expended by the Company and various state and local governmental agencies, including the County and the Department. The resultant increased financial burden on taxpayers and consumers can be avoided by the development of a cooperative relationship among private enterprise and state and local public agencies. The Department and Counties are authorized in S252.35, F.S., and S252..60, F.S., (1982) to participate in such cooperative relationships, and are further authorized in S252.49, F.S., to accept services, equipment, supplies, materials or funds for civil defense and emergency preparedness. The Department may assign the right(s) to accept such services, equip- ment, supplies, materials, and funds to any appropriate local govern- ing body or agency. The purpose of this Agreement is to define certain aspects of the relationship among the Department, the County, and the Company. The NRC regulations cited above are incorporated in this Agreement by reference. All activities which are the subject of the Agreement must b.e consistent with those regulations. I. Planning and Implementation The Department and County shall assure only to the extent of funding available under this Agreement; A. The development and maintenance of radiological emergency plans; B. That the requisite personnel complete required radiological emergency training; C. Participation as is required in exercises and the evaluation thereof; D. Continued and further radiological emergency planning as required by the above regulations and "Florida's Radiological Emergency Plan for Nuclear Power Facilities." II. Funding The Company will provide funding to the'Department and County respectively according to the procedure set forth in this Agreement to enable the Department and the County to carry out their respnsibilities above and to comply with 10 CFR 50 and 70, dated August 1980, NUREG 0654, dated November 1980; and to carry out the provisions of the plan mandated thereby. At execution Company will furnish to the counties copies of the Regulations and revisions as they are enacted. County and Department have proposed, and the parties have agreed to, the budgets attached hereto as Exhibit "B". Said budgets provide that the County will require the sum of $2,250.00 to carry out its responsibilities hereunder. Within thirty (30) days of the date of execution of this Agreement, Company shall provide to the Department the sum of $2,864.25 for the expenses of the County. The Department will thereafter, within thirty (30) days, pay over to the County the sum of $2,639.25 to be utilized by the County to pay the actual, reasonable costs of the County to carry out its responsibilites hereunder, and for 17.30 percent (17.300) of these costs as administrative overhead. Expenditures by the County shall be based upon approved budget attached hereto and incorporated herein. Deviations among budget categories of more than ten percent (10%) shall require prior approval of the Company. Without said prior approval, the Department shall have no obligations to honor reimbursement requests from the County inconsistent with attached budget and the above ten percent (10%) adjustment factor. Provided, however, in no event shall the Company be required to pay a sum which exceeds the amount.of $2,864.25 for the term of this Agreement for the County. The County Shall account to the Department -by providing an itemized voucher which reflects the actual costs to the County including the 17.30% of said costs as administrative o.verhead. This accounting shall be provided :to the Department by the County not less often than quarterly. S The parties acknowledge that consideration for the Department's services performed under this Agreement are included in other existing agreements to which the Company and Department are parties. III. Audit The Department and County shall provide to the Company, as part of their respective regular annual audits, a full accounting of the funds expended under this Agreement. The Department and County shall restore to the Company any funds not expended in accordance with this Agreement. IV. 'Terms of Agreement This Agreement shall cover the period from January 1,1982 through December 31, 1982. . However, any party may terminate this Agreement in whole or in part with or without cause, by providing ninty (90) days notice in writing -to the other parties. Upon termination of this Agreement, all funds unexpended shall be returned to the Company.. V. Modifications Any modifications to the Agreement shall be in writing and signed by officials of all parties. VI. Liability The Company agrees to protect, defend, and hold the County and the Department and their employees, and municipal authorities, free and unharmed against any liabilities whatsoever arising from performance of duties under this contract. -2- OCT 61982 SAF OCT 6 1992 i� VII. Party Representatives Desi nated r Box 51 fA,U at.i7 For the purpose of correspondence and other communications relating to this Agreement, the parties designate the following individuals as their respective representatives: FOR THE DEPARTMENT FOR THE COUNTY FOR THE COMPANY Pat Barrett S. Lee Nuzie (Name) (Name) (Name) 1720 S. Gadsden Street 1727 17th Avenue Tallahassee, FL 32301 Vero Beach, FL 32960 (Address.). (Address) (Address) Phone: (904) 488-1900 Phone•305/567-2154 Phone: ------------------------------------------------------------ ------------ By their signatures below, the following officials have agreed to these terms and conditions. - BY. .i4tuA.BY: G -A"� 0d tl' ' Don C. Scurlock, Jr. Chairman Title) (Title) a ATTEST: u ST: -3- BY: A444e�� t Y.A (Title) 117 .ATTEST: a �• . „ A!t'or;iey -3- BY: A444e�� t Y.A (Title) 117 .ATTEST: a Cz C,3 --1 ab co RADIOLOGICAL EMERGENCY PLANNING BUDGET EXHIBIT "B" INDIAN RIVER COUNTY 1 COST ITEM RECOMMENDED AMOUNT PROVISIONS 1. Public information $ 300 2. Training $ 500 Florida Power and Light Company agrees to pay all documented actual incremental costs of county emergency response personnel. 3. Plan maintenance $ 250 4. Materials and supplies $ 200 5. Exercises $1,000 Florida Power and Light Company agrees to pay all documented actual incremental costs of county emergency response personnel. TOTAL $2,250 rn ON RELOCATION OF CIVIL DEFENSE s¢c 1FA 7 The Board reviewed memo from Acting General Services Director, Lynn Williams, as follows: TO: The Honorable Members of DATE: September 71 1982 FILE: Agenda the Board of County Commissioners September 15, lgi& THRU: C. B. Hardin, Jr., Ph.D. Asst. to the Administrator/ SUBJECT: Relocation of Civil Defense .Personnel Director FROM: Lynn Williams REFERENCES: Acting General.Services Director DESCRIPTION AND CONDITIONS At the August 4, 1982, meeting of the Board of County Commissioners approval was given for staff to request letters of interest in providing architectual services for the renovation and alteration of office space in the County Administration Building for the Civil Defense Department. Letters were sent to five (5) local architectual firms. Staff received two replys, one of no interest and a letter of intent from John Calmes, AlA Architect. ALTERNATIVES AND ANAYLSI; Mr. Calmes is now involved in two other projects for the County, the renovation of the County Jail, and the program design phase for the proposed fourth courtroom, (which are now in progress). Staff feels an arrangement similar to the fourth courtroom agree- ment with Mr. Calmes, whereby a program design phase is.initiated, is the best approach for this project. This will allow staff to project associated costs of the renovation before detailed design begins. Contract documents have been forwarded to the County Attorney for his review and proposed changes. Alternative "A" Authorize County Attorney to negotiate fee and:contract document -c-, as needed for Civil Defense project, with Mr. Calmes. RECOMMENDATIONS AND FUNDING Staff recommends approval of Alternative "A" with program design phase initiated first to research costs of project. Sta-`f requests a separate constuction account be assigned to this project with specific funds set aside for the same. Program design phase expenditure should not exceed $2500. 42 Discussion ensued regarding the $25,000 previously budgeted for the relocation of Civil Defense, and Community Services Director Thomas explained that while this amount -had been budgeted at one time, it was cut out in the process of trying to balance the budget. He noted that the present balance in the Board's Contingency Account is $350,000. Discussion continued in regard to the Board's reluctance to go into contingency so soon in the new fiscal year; although, it was generally felt that a commitment had been made to Civil Defense. The Administrator suggested the possibility of using the $58,000 left in the account for renovation for Civil Defense instead of for the additional courtroom since we have that money in hand now and can figure something out for the courtroom later on. Commissioner Fletcher was of the opinion that everyone who came before the Board at budget time knew we were talking about tentative funds, and he did not feel tentative means a commitment. Commissioner Wodtke pointed out that the Minutes will show that this move was thoroughly discussed, and we authorized going out to find an architect. He believed we have a strong commitment to Civil Defense to address this situation. Commissioner Lyons commented that the architect for the new jail could address this if it is to be part of the jail complex. In further discussion, the majority of the ,Board agreed that a commitment was made to Civil Defense well before budgettime. Chairman Scurlock brought up the funds promised by Village Green towards Civil Defense and fire control when they went through their Development of Regional Impact, and 43 51 W 72 OCT 6 190 Y OCT 698 :AIF Mr. Nuzie agreed there was at least $40,000 there and he did not know of any expenditure from that account for any civil defense purpose. Administrator Wright reported that this money has not been requested from Village Green yet, but we can get it. Commissioner Lyons stated that he agreed with Commissioner Fletcher to a certain extent, especially since there is the possibility that we may not get as much Sales Tax money as budgeted and we must not overspend. He did, however, want to move Civil Defense over to the Administra- tion Building, if it could be done without cutting into the Courtroom fund or the Reserve for -Contingency. Civil Defense Director Lee Nuzie felt it all relates to a matter of priority and what the Board feels is more ' important. He believed any commitment to Civil Defense is a commitment to the general populace. Commissioner Lyons commented that Civil Defense does have a home right now, and Mr. Nuzie emphasized that the quarters are in very poor condition; rats come in and eat the equipment and the floor isn't very steady. Commissioner Wodtke agreed that the quarters could not be called a home. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to authorize Alternative "A" (to negotiate fee and contract documents needed for the Civil Defense project with John Calmes, Architect) and to indicate the Board's willingness to fund this project assuming the funds can be obtained from Village Green. Administrator Wright asked if the Board wished his staff to pursue getting these funds, which he believed would just entail writing a letter, and Chairman Scurlock believed that is the intent. 44 W. Im THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. REQUEST FOR SUBCOMMITTEE TO ANALYZE ANIMAL CONTROL PROGRAM The Board reviewed the following letter from Barbara Nolte, President of the Humane Society: M 305-567-2309 BOARD OF DIRECTORS Barbara B. Nolte, Pres. Christine Fletcher, 1st V.P. Elsie Miller, 2nd V.P. Dorothy F. Reynolds, Secy. John Keck, Treas. Bessie Beacham Elizabeth M. Brackett Jack Conlon Henry Doremus, D.V.M. Patrick Pompilio Bayard F. Pope, Jr. Anita Vedder Paul Welch OCT 61982 BOX 644 • VERO BEACH • FLORIDA • 32960 September 27th, 1982 Mr. Donald C. Scurlock, Jr., Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Sir, On behalf of the Humane Society of Vero Beach, I am requesting that the Board of County Commissioners appoint a subcommittee for the purpose of reviewing and analyzing the County's existing animal control program and to make recommendations based on information obtained through meeting with retore- sentatives of all involved organizations, such as, the Humane Society, County Commission, Sheriff's Department, and Board of Health. As a result of a recent meeting between rep- resentatives of the Humane Society, the County Attorney and the County administrator, it was agreed that an effective animal control programs is in the best interest of the community. The current program, County ordinances, and dog licensing need to be reviewed and possibly revised to develope a more effective program in the future. Also, it is the Humane Society's feeling that the future involvement of our organization in the County's programs needs to be addressed, at this time, to ensure the continuance of a good working relationship in the future. I have attached a list of qualified individuals and organizations that might best serve a committee of this nature. I would also recommend that the 45 51,%E574- r OCT 61982 Book tbtE .5 voting members of this committee be impowered to appoint additional members to act in an advisory capacity and that the committee be afforded the assistance of a representative of the County Attorney's office. Thank you. Sincerely, 4utA -kjz, Barbara B. Nolte, President Chairman Scurlock reported that he talked to Tax Collector Gene Morris, who indicated that he would like to serve on such a committee and felt his department'cciuld take a more intensive roll in mailing out notices about dog licenses. Mrs. Nolte believed that could be very effective. Considerable discussion ensued on the makeup of the suggested committee, and the various organizations and government entities that should be involved in it, also the goals of the proposed committee and the length of its. existence. 'It was pointed out that the City of Vero Beach has taken the position that this is a county problem, but felt that it would be well to explore having a represen- tative from the City take part. Assistant County Attorney Chris Paull was designated to help with this subcommittee. ON MOTION by Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unani- mously authorized formation of an advisory committee for the purpose of reviewing and analyzing animal control regulations through- out the county, this committee to be composed of a representative from each of the following: 46 i 7 The Sheriff's Department The County Commission The local Veterinarian's Association The Humane Society The County Health Dept. The Tax Collector Ex Officio member - Asst. County Attorney Chris Paull Member at Large - John Donovan initially. This committee to meet and formulate goals and purposes and bring this back to the Commission for further direction. It was agreed that Commissioner Lyons will be the lead M1 person. DISCUSSION RE SALE OF FELLSMERE CITY HALL Attorney Brandenburg reviewed the following letters and documents: 47 OCT 6 1982 aaoc - 51 Poo 576 CT 6 1982 Box 51 %f-577 k;> EITDF Ca LINTY 011:';tISSI3IVERS--i:N---- - Jri, ria i.ARY M. SRANDENaURG' • .� � 1840 25th Strect, Vera Beach, Florida 329GO K CAunly Attorney (305) 567-8000 September 10, 1982 Tre Honorable Alvin Thomas �. 0. Box 38 Fellsmere, Florida 32948 Dear Mayor Thomas: It has been brought to my attention -that -the -City of Felismere is considering placing the City Nall site up for bid to be sola to the highest bidder. A review of our records indicates that Indian River County sti11 owns the property. eve are -unable to find any documentation. showing a legal transfer,of the property to the City. On behalf of Indian River County, - - - — - -- i wound respect}ally ren_:1eSL rie City to refrain from smplementintg any `fans to salt this iacil�.ty uZtip this title difficult -y can be resolved... Thanking you in advance for your cooperation. Sincerely., y1vi-tsraruerVb,:rr, ourij, Attorney �.C.c, Jr. , u lel .;cA ,tel J1+z.;gnt, :oui.i ��� 7� .•- _ :"ciLG: ...j 4 �C"% Scu r loCK j.. t D1STRini T1D_� t �ornmissioners _---- Administrator �--- Attorney ---- Personnel Public Works Cccr►munity Dev•------- Utilities ----- Finance L_ To: TUI(#o ounty Commissioners M EEEESMERE * VOLUNTEER EIRE DEPT P. O. BOX 292 FELLSMERE, FLORIDA 32948 September 10.1982 From: The Fellsmere Fire Dept. Ladies Auxiliary The Fellsmere Volunteer -Fire Dept, Re: Property of the Old City Hall of Fellsmere On the suggestion of some life long residents of the Fellsmere Area, we the officers and members of the Fellsmere Fire Dept. Ladies Auxiliary wish to bring the residents suggestion to the attention of the Indian River.County Coamissioners. The previous Eellsm-e-n•? ty Hail and City Garage property ,on; which these buildings are situated were given to the` City of Fellsmere by Indian River County. If and when the deed is found to -these buildings and property and if the deed signifies Indian River County -still owns these bui:ldinga and property, the officers and members of -the Fellsmere Fire Dept. and Auxiliary wish to request the Indian River County Commissioners to consider donating these buildings and property to the North CountyFire Advisory Committee. The donation of these buildings and property would be a great asset to the North County Fire District in the future as well as now. The Fellsmere area is growing by leaps and bounds and eventually the fire dept. and its facilities will have to be expaned to cover all areas in and around the city. Your cooperation in this matter will be greatly appreciated. nS9'In. EE/cp��t-• Sincerely_ Emma Ellis President Ladies Auxiliary Box, 51 P -A-E 578 OCT 61982 DANIEL M. KILBRIDE. JR. REPLYW ro Beach i . r I --- — LAW" OFFICES DANIEL M. KILBRIDE, JR. September 28, 1982 The Honorable Gary Brandenburg County Attorney 1840 25th Street Vero Beach, Florida 32960 Re: City of Fellsmere Dear Gary: 8809 1 nilf 579 -7 P.O. BOX 2427 2065 - 15th AVENUE VERO BEACH, FLORIDA 32960 (305) 562-8710 - P.O. BOX 2096 _ 220 SOUTH U.S. NO. 1 SEBASTIAN, FLORIDA 32958 13051 589-4391 Per our recent conversation., enclosed please find a copy of an unnumbered Resolution adopted by the Board of County Commissioners on November 1, 1944. A copy of this Resolution was found in the archives of the city of Fellsmere. This document gives to the city of Fellsmere the permanent use of the land and buildings located on Lots 24, 25 and 26, Block 98, City of Fellsmere so long as the property serves a public use and purpose. Although the city of Fellsmere will no longer be using this property as its city hall, the city council has officially expressed its intent to use the property as a community center, Thank you for your continued cooperation in this matter. DMK:sk Encl. cc: Honorable Alvin Thomas, Mayor 0 QfTY,OF FELLSMERE Daniel M. Kilbride, Jr. City Attorney W 4' *� R 3 3 0 L U T 1 0 N . r WHEREAS# pursuant to the previsions of Chapter 22079•• of lave of Floridas lmd1an River County® Florid& has acquire* d. title to tho lands herein to 4a6ribeds and the C1ty Council of tho City of Pell==re* .P3Am1Qas bolmg the governing body of such zuniaipalitys and beift a public. board of said county, hays tho dadication to public usa► and purposes of the lands hereinafter described, by the Board of County Gamlil 0-1816•qty; and the same having been duly considdred by said Board of County Commissioners= therefore, BE IT RESOLVED& that the Boasrd of -County Commissioners of Indian River- County$- sa�ld�r-does web7--de,di e -to -public- - une and purposes the lands-hird1Wt*r�4avoribed, situated in Indian Rigor 'County,, Pjc%$ 1$;A _ Lo=s s ''�'.. 6*b- A . (nova City) of Poll ro f ,&cc®ard1M to• recorded plat ther®of a !.. i aeR r reati on contor and BE 1T '.:*,at Mad lMds aadiamib not hereaftar be assei s rdmin dedicated or devoted to pnb21*'ahej­ and that a certified copy of this resolution be delivered to the County Assessor of Taxes of said county, in order that he may so exempt said lands from taxes; and that a certified espy hereof be delivered. -to the City Tax Assessor of the City of Pellsmereq Florida$ in order that ahe may so exempt said property from taxes. e• STATF OF P%ORIDA co UNT i or l� .U; I, Dou;;lae Baker, ais Clerk of the Circuit Court of ' Indian River County, Florida, certify the for®going to be a true copy of Resolution dully adopted by the Board of County Com.�nissioners of said County at a meeting tbweof duly and regularly called and held on tLe day o.1 1944. a WITNESS my hand and official a©al at Vero Beach, Florida. C rk o e 1zauit :Courtanor . in d ff OCT 6 198,6.�j Boa 51 1'AnE 58® �lmn [liver r � c 51-%F OCT 6 1982. Attorney Brandenburg informed the Board that the official record indicates that the county acquired this property for taxes in 1944 and that was the last official deed of record. Attorney Kilbride has since supplied a Resolution found in the Clerk's office which dedicated this property to public use. Attorney Brandenburg stated that the language of the Resolution is ambiguous; the property was merely dedicated to public use and never specifically deeded. He continued that there have been requests by other individuals regarding use of this property, and Attorney Kilbride has indicated that the City of Fellsmere does not have any intention of selling the property and desires to continue to use it for public purposes. Commissioner Fletcher reported that at the last meeting of the North County Fire Advisory Committee a resolution was adopted requesting that this property be turned over to the North County Fire District, and he has received a petition with 350 -signatures supporting this proposal. Commissioner Fletcher continued that it seems the City of Fellsmere's proposed budget for 1982-83 lists this property under Surplus Property Sale with an anticipated return of $35,000, and because of that, the citizens of Fellsmere wish the property to remain in the public control. Commissioner Lyons pointed out that as long as the City of Fellsmere has control of the old City Hall building, they also have the ability to lease it to be used by the Fire District, and he did not see where the County has to get involved in this at all. Attorney Brandenburg felt there should be some sort of deed or document to clear the property on the public records and suggested that the County quit claim it to the City of Fellsmere with the reservation that if it were used for other than public purposes, it would automatically revert to the county. W. - M Commissioner Bird asked if the Attorney preferred that over a long term nominal lease, and Attorney Brandenburg stated it could be done either way, depending on the restrictions the Board wished to put on the property. Richard Weaver spoke strongly in favor of the property being deeded to the North County Fire District for use for an ambulance service, paramedics, etc., so it still would belong to the county and be used for public purposes. He expressed concern about the City having this property shown as revenue in their budget and noted that if they are not going to sell it, they don't need a deed to it. Harold Whitaker, Fellsmere City Councilman, stated that this property is not in their budget now; the City of Fellsmere has absolutely no intention of selling this property; and they do intend to use it as a community building. Ralph Ellis of Fellsmere asked why the City stripped out the ceiling fans, air conditioning, etc., if they intended this building for Community use. The Board wished to know whether the City of Fellsmere would allow the Fire District to utilize the building and also wished Attorney Kilbride to clarify whether this property is included in the City's budget or not. Attorney Kilbride informed the Board that the City of Fellsmere wants to help the North County Fire District, but since July the Council has determined that the new City Hall is not adequate for all of the community needs; they have had requests from various organizations and feel there will be a continuing need for a community center type building and that this building can serve on that basis. He continued that they would like to clarify the title problem and would accept some restriction so that it would remain a public use. Attorney Kilbride then explained that the i projected sale of surplus property shown in the budget 49 OCT 6 1982 582 OCT 61992 �o '� FAgE583 relates to Murphy Act land transferred to the City by the State of Florida some years ago. The City has sold off some of the lots for individual homesites, but still retains over two full blocks, and that is the surplus property referred to. He confirmed that there was some discussion early in the budget about selling the City Hall site, but the budget that was adopted does not include the City -Hall property. Commissioner Fletcher wished to know the approximate dollar value of the remaining two blocks of Murphy Act Land, and Attorney Kilbride estimated about $70,000. Attorney Kilbride then defined the City's position, agreeing that the 1944 Resolution is not the clearest, but felt the fact that the City has taken over operation and maintenance of this property for 38 continuous years, making an expenditure in excess of $10,000 in repairs and adding a shed, etc., would demonstrate that the City wishes the property to continue as a public use. He believed the Council would consider a request from the Fire District for a use of the shed behind the old City Hall for an ambulance service but felt the control should remain with the City of Fellsmere and that is the request of the City Council. They would prefer a quit claim deed and would accept it with the reverter clause; their second preference is a long term lease. Emma Ellis, President of the Fire Department Auxiliary, was not convinced that the old City Hall would not be sold, and emphasized that the people of the community do not want it sold - they want it for a landmark. Mrs. Ellis then stressed the critical need for an ambulance service in this area and stated that the Fire Department needs the whole building - not.just the shed. She did not feel the old City Hall is big enough for a community building and believed the Fire Department could put this building to much better use than the City. Mrs. Ellis felt that there is plenty of room in the school (the new City Hall) that is going to waste. 50 i � � r Alvin Thomas, Mayor of Fellsmere, next came before the Board. He agreed that the new City Hall building is a large building, but pointed out that because of the way it is designed, they could not use it for a community building without going into a lot of renovation. In addition, there would be a need for security to prevent people from wandering all over the building. Mayor Thomas felt they could share the old City Hall with the ambulance service if it did not mean too many changes - if they should need an office, for instance, the use of `the shed, etc. The Mayor then informed the Board that the community building they did have, which was given to the City by Gulf -Western, was sold, and one reasons for the sale was because of the deterioration of the Building. He reported that they got a low price for it ($27,500) because they had only one bidder, and also because of the lack of sufficient parking space which would be needed for various type businesses. Mr. Ellis claimed that the old community building was given to the community, not the City, by Fellsmere Farms, and Mayor Thomas reiterated that it was given to the City by Gulf -Western. Commissioner Fletcher commented that the old City Hall has a large vault and believed a bank was interested in buying it. Mayor Thomas agreed that it was mentioned, -but nothing was drawn up about it. Commissioner Fletcher continued that rumor has it that the City of Fellsmere would like to retain ownership and rent the building out for public purposes. Mayor Thomas did not believe anything was ever mentioned about renting space. Commissioner Fletcher felt it is evident that communication between the residents of Fellsmere. and the officials of Fellsmere is not at its peak. 51 ?AgE 584 k, CT 6192585 Discussion continued as to whether the City of Fellsmere would allow the Fire District the use of the old City Hall or at least a portion of it. It was noted that the fire trucks are located right next door. The Mayor continued to state that they have need of part of the building for a community center, and members of the Fire District emphasized that they need the entire building - not just an office and the shed in the rear. Commissioner Lyons reiterated that he did not feel the County Commission should inject itself into a problem that is primarily that of the City of Fellsmere. Al Payne, member of the North County Fire District Advisory Committee and resident of the City of Fellsmere felt there shouldn't be'a problem because supposedly the reason both sides want this property is for the benefit of the people. He believed everyone has to agree the number one priority is for an ambulance squad and not a meeting room and asked if the County couldn't retain the building since it would be a perfect situation for them in the future when they have a paid fire department and paramedics. Mr. Whitaker commented that the Fire Department never has approached the City for anything about an ambulance, but he is authorized to say that if they want to use the garage and back office room, they are welcome to use it. Further discussion ensued as to the County retaining ownership and working out two different leases - one with the City and one with the North County Fire District, or simply leasing the whole thing to the City with the condition that they would sub -lease. Commissioner Lyons felt this should be considered at the next meeting of the Fellsmere City Council and then they should come back and tell the Board what arrangements they have made with the Fire District for the use of that building. 52 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously requested the Fellsmere City Council to consider this matter at their next Council meeting and then report back to the Commission as to what arrangements they have made with the Fire District .for the use of the old City Hall building. ENDORSEMENT OF MENTAL HEALTH CENTER'S PSYCHIATRIC HOSPITAL PROJECT The Board considered the following letter from John Ashcraft, Executive Director of the Indian River Community Mental Health Center: INDIAN -- ----- - RIVER COMMUNITY R MENTAL HEALTH CENTER, Inc. 800 AVENUE H, FORT PIERCE, FLORIDA 33450 305-464-8111 JOHN R. ASHCRAFT, ACSW EXECUTIVE DIRECTOR JUDITH J. WEBER, ACSW ASSOCIATE DIRECTOR Chairman Don C. Scurlock.Jr. •Indian River -County Commission 2145.Fourteenth Avenue____ Vero Beach, FL 32960 Re: Psychiatric Hospital 'Dear Commissioner Scurlock: 13 i440 '��i SFA � f98._ "T L.C1• INDIAN RIVER COUNTY BRANCH 1314 Wh STREET VERO BEACH. FLORIDA 329W 305969.2906 MARTIN COUNTY BRANCH 422 CAMDEN AVENUE STUART. FLORIDA 33494 305-283-7070 OKEECHOBEE COUNTY BRANCH 08 10 N. PARROTT AVENUE OKEECHOBEE,FLORIDA 33472 813-763.1191 September 13, 1982 This letter is a request for endorsement by the Indian River :County Commission of the -Mental Health .Center's psychiatric hospital project. The basic concept of our project i!i quite siumple: As a private, not for profit.corporation, we propose to offer a necessary service to individuals who have the ability to pay and then to apply the earnings from the service to the operation and development of community services which otherwise require tax dollars.to function. In other words, we intend to provide a needed service and to simultaneously reduce this organization's dependence upon,tax dollars. 53 OCT 61982` The major features of phase one (to be completed in 1985) of the project include: 1. Quality treatment 2. Self sustained operation based on private fees 3. Private not for profit governance 4. Local Control by local Board members 5. A return of earnings to the Community through reduction of the Center's dependence on tax dollars for state mandated programs, through community programs needed but not funded, through improvement of existing services, and through -addi- tional services to children and the elderly. 6. A comprehensive and integrated mental health service system - - -for all of -the population - - --- i"- "- — -- �- 7. A medical staff composed primarily of local private psychiatrists. Phase two (to be completed in 1986-87) will see the development of acute and residential services for emotionally disturbed children. Please refer to the attached Executive.Summary for specific details concern- ing phases one and two. Based upon marketing and_feasibility_studies,_ a site has-been selected in the Port St. Lucie area which offers appropriate zoning, water and sewage. Financing will be arranged through Industrial Revenue Bonds. The St. Lucie County Commission has indicated a willingness to validate bonds upon the Center receiving a Certifi- cate of Need. In addition, a bond house seeking to issue the bonds has been selected. The Center's application to the State for a Certificate of Need has been completed and.all initial hurdles have been crossed. We are now in the stage of the process of securing support from influentcial groups as evidence of the community's support of our project. A Resolution by the Indian River County Commission supportive of our project would be most helpful at this time. I will contact you in -a few days to discuss this matter further. Thank you for considering this request. JRA/so Enclosure (1) cc: Comm. Pat Lyons Comm. Bill Wodtke Comm. Dick Bird Comm. A. Grover Fletcher 54 Sincerely, John R. Ashcraft„ ACSW . Executive Director W. SECTION II EXECUTIVE SUMMARY A. PROJECT SU;21ARY - This project consists of two phases. Phase I consists of the' construction of a 90 bed, 44,000 square foot facility and rental of two new outreach satellite units in order to provide a wide range of mental health services to the entire service area populations.' The first phase also continues the operation of the existing 15 bed Baker Act Unit, the 15 bed Residential Alcohol Detoxification Unit, and the three Satellite Outreach Units. Upon opening of the new facility the existing Baker Act Unit would rellocate to the new facility and 15 bed Alcohol Detoxification Unit would move from its .frame house operation to the vacated 15 bed unit. In 1985, Phasp I complete, the following services would be available to the four county population: CURRENT FACILITY NEW FACILITY Satellite Outreach (3) (2) Baker Act Unit 15 Licensed Beds Psychiatric Unit 25 Licensed Beds State Contract (A1c/Detox) 3.5 Resident.Beds -- --- Poly —_Poly Abuse 30 Licensed Beds Crisis Care 10 Licensed Beds Family/Halfway House .10 Resident,Beds. . TOTAL ALL, BEDS 1 -00 = Phase II of the project, 1986 to 1987, the east end of the existing facility would be converted from offices to a Baker Act Intensive Residential Unit - - -- of 15 beds for transition of Baker Act and deinstitutionalization of state patients. The second'section of Phase II.follows Joint Commission Accred- itation of the planned facility in order to prepare for the completion of 3600 square feet of shelled space attached to the 10 bed.Family/Residential Halfway House. As the shelled space is completed, rental property for the families and Halfway House residents shall be acquired and rellocated.' The completed unit shall then become a child/Adolescent Residential Unit. At Phase II completion, total beds shall be:* Licensed Beds New 65 Residential Beds New 35 Existing License Beds 15 Existing Residential Beds 15 Family/Halfway House Residential 10 TOTAL ALL BEDS 140 With these facilities the Indian River Community Mental Health.Center will meet the needs of the Community and fill its role under"Chapter 10-E,4,. Community Mental Health Regulations attached. a - B. PROJ"CT COST - - -- -- - -- - - - - --PHASE I --- PHASE 171 — - - -- - Development Cost $ - 25,000 $. Financing Cost V2,150,000 $ Professional Services Cost $ 475,000 �e $ J Construction Cost !� 4� �$3,820, 000 - 252 -200'- Equipment 00'_Equipment Cost $ 50,000 $ 30,000 Other Related Cost $ 430,000 $ TOTAL ALL COST $ 7,750,000 $ 292,200 F_ 14ndlan Ritter C!,iHC 55 OCT 6 1982 21 . rot 588. OCT 61982 Chairman Scurlock noted that Thelma Fitzgerald, our newly appointed representative to District IX Mental Health Board has recommended that the Commission approve this request. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to endorse the Mental Health Center Psychiatric Hospital Project as requested in Mr. Ashcraft's letter dated September 13, 1982. Commissioner Fletcher asked if we are endorsing the concept or the certificate of need or both, and Commissioner Lyons believed it would be both. Discussion ensued as to funding and whether this would cost the county taxpayers any dollars. Mr. Ashcraft stated that there is no way this could occur. The financing would be industrial revenue bonds. St. Lucie County has agreed to issue the bonds, if they obtain the certificate of need. It is to be a totally self-supporting project., Commissioner Fletcher noted that it is self-supporting in that it is non --profit and currently operating on funds from four counties. Mr. Ashcraft then talked about the complications of setting up this subsidiary and stated that reason it is complicated is that the State Auditors have been concerned about other agencies in the state not fully disclosing how they operate and, in effect, hiding money from the state. They are advising how to proceed. There is no problem as long as there are clearly identified audit trails. Commissioner Fletcher stated that his problem is they don't know which way they are going to go - whether for profit or non-profit. 56 Mr. Ashcraft stated that the project will be exactly the same - fees will be charged. This is for paying patients and not underwritten by county tax dollars. Commissioner Lyons noted there is_nothing in this area for these kind of patients. Mr. Ashcraft noted that in any event the profits will be coming back to the Mental Health Center and they are just trying to find the most feasible financial way to do this. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. REQUEST FOR ADDITIONAL COUNTY JUDGE TO SHARE CASELOAD The Board reviewed letter from Chief Judge.Trowbridge as follows: 57 OCT 6 1982 BOOK �. P��c Gentlemen:- Each entlemen: Each year an opportunity is furnished to the judicial circuits to request that the Supreme Court certify to the Legislature the need for additional judges. The deadline this year for me to make such a request is the end of November. There are presently two county judges in Martin o-nd Saint Lucie Counties but only one in Indian River County. If you believe that an additional position is warranted in your county, please let me know and furnish me with any information I may use to justify the request. t In a recent conversation with Judge Graham W. Stikelether, he informed me that he believes the time has come to share the growing caseload with another judge. Experience has shown that convincing the Supreme Court to certify our need is not as difficult as getting the Legislature to create the position. It is for this reason that I am seeking your views in advance as should we obtain certification, much local help will be needed to convince the Legislature to act on our behalf. Sincerely, C. P eiiTrowbridgeT - - - - - -- - - - - - -- - ---Chi-e-f -Judg-e- - — — — -- CPT : khm xc: All Indian River County Judges W. 0 i BOOKF. OCT 61992 e�;97n 4?,S ,�- - - __ -- - --- _ --- -- - -- - -- - - - DIST-iC�;�TION LIST sFA i Co::irniss;;,,,�rs �'y8? �►FFP{,,'7"�py�gRiDGEc �_ ^- Administrator C. C'�q CHIEF 4e+�E-19N/�p�jLC�1' Attorney P. 0.�DOX'�i'$T Persons. y mit, '� - - - - - — DART, F4AUUQA-33494 Pubi_i,C Works Cammun;ty Dev. September 23, 1982"lities Fin&nce Other - Board of County Commissioners Indian.River County Administrative Center Vero Beach, Florida 32960 Gentlemen:- Each entlemen: Each year an opportunity is furnished to the judicial circuits to request that the Supreme Court certify to the Legislature the need for additional judges. The deadline this year for me to make such a request is the end of November. There are presently two county judges in Martin o-nd Saint Lucie Counties but only one in Indian River County. If you believe that an additional position is warranted in your county, please let me know and furnish me with any information I may use to justify the request. t In a recent conversation with Judge Graham W. Stikelether, he informed me that he believes the time has come to share the growing caseload with another judge. Experience has shown that convincing the Supreme Court to certify our need is not as difficult as getting the Legislature to create the position. It is for this reason that I am seeking your views in advance as should we obtain certification, much local help will be needed to convince the Legislature to act on our behalf. Sincerely, C. P eiiTrowbridgeT - - - - - -- - - - - - -- - ---Chi-e-f -Judg-e- - — — — -- CPT : khm xc: All Indian River County Judges W. 0 i Commissioner Lyons commented that we asked Judge Stikelether before lunch whether he felt there should be an additional judge and he was not sure if he understood the -Judge's answer. Chairman Scurlock believed the answer was that the initial discussion came about by the fact that one of the Supreme Court Justices indicated there is a possibility Indian River County may be in line for an additional judge, and Judge Trowbridge recommended another judge be appointed. The Chairman felt Judge Stikelether indicated he wasn't taking a particular position on this. Commissioner Lyons agreed, but noted that the Judge did say that statistics have shown that for a county with this caseload, there generally were two judges handling it. It seems there are a lot of requirements for the Judge over the 24 hour period. Commissioner Bird stated that he did not feel duly qualified to make this decision today, and he felt that we first need to determine whether we do need another judge and also if we can afford it. He suggested that we get input from the Bar Association as to the need for an additional judge since this is another expense for the taxpayers and also contact some other counties to get statistical information bout caseloads. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously directed the Administrator to gather the infor- mation requested by Commissioner Bird and report back as soon as possible. REQUEST BY BAR ASSOCIATION RE JUDGE'S BUDGET The Board reviewed the following Resolution from the Indian River County Bar Association: 59 51 592 OCT 6 1982 PE Box- 1PAuE 593 OCT 61992 RESOLUTION WHEREAS, the Indian River County Bar Association at its ii regularly scheduled meeting of September 21, 1982, reviewed the .i summary of the budget by appropriation category for the Circuit it �i Court of the Nineteenth Judicial Circuit in and for Indian River ! County, Florida, particularly with respect to the request for sofa, dividers, book cases, dictaphones, file cabinets, IBM worn. {{ I1 _processor,_and _,juryorientation✓; and_ WHEREAS, the Indian River County Bar Association finds said j request to be reasonable and necessary in order for the orderly r. dispensing of justice in Indian River County, Florida 1� NOW, THEREFORE, BE IS - RESOLVED._ ___. 'I I That the Bar Association of Indian River County, Florida, j joins in the Nineteenth Judicial Circuit judges' budget request jn the amount of $13,750.00, which includes office decorations, !I sofa, divider and book cases, two dictaphones, additional file cabinets, IBM Word Processor, and jury orientation, to be in- cluded in the 1983 Board of County Commissioners' budget and requests that the Commissioners adopt said.request in the current budget appropriations. DATED this day of. _ 1982. • w {I it INDIAN RIVER COUNTY BAR ASSOCIATION % kD i� Calvin B. Brown President j i W. Finance Director Barton informed the Board that he met with Judge Smith, reviewed item by item the equipment he was asking for, and suggested possible solutions. He advised the Judge that file cabinets would be available from the Sheriff's Department and he would be furnished these when they became available. Mr. Barton continued that he was able to find the judge one dictating equipment set which wasn't being used any more. In the area of the word processor, he told the Judge the Clerk's office was automating Traffic Violation functions and had several typewriters that would be redistributed, one of which was a memory typewriter which should serve most of the functions he would need. Judge Smith agreed to wait for that. Mr. Barton reported that they presently are looking for a bookcase and room divider and sofa for Judge Smith, and the Judge seemed to be happy that they were looking for these. items. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unani- mously directed that the Finance Director write the Board a letter with a copy to the Bar Association and Judge Smith setting out what is being done about his requests. RESOLUTION RE GRANTING OF CERTIFICATES OF CONVENIENCE AND hNrl i-tibia�J The Board reviewed letter from Volusia County, as follows: M OCT 6 1982 ����. 51 PAgE 54 four 51 PA,F 59, OCT 61982 'Countv� of Vdusia Florida - September, 12l, -1982- COUNTY MANAGER P. 0. Box 429 Deland, Florida 32720 Telephone 904/736.2700 County Administrator Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Re: Proposed Revision to Chapter 401.25 Florida Statutes Dear Sir: The Volusia County Council, at its meeting September 16, 1982, unanimously adopted the attached Resolution No. 82-103, recom- mending that all efforts be made by counties to retain the authority granted them under Chapter 401.25 Florida Statutes to grant or deny Certificates of Convenience and Necessity to "any person or entity (including municipalities) for the opera- tion of emergency ambulance services withiai its boundaries." The Council further requested that if you -agree with the position stated in the attached resolution that`you adopt a. similar one, and make it available to your Legislative Delegation. Sincerely, t THOMAS C. KELL COUNTY MANAGER TCK/b f s \ Attachment _. _�_ _ �.� a __ s� z___ _ . _,�,� �-w^�'v7: T YS.'vtin'ii� K3'c►!io'cn"S -�-- � _,�- _ - --�-- — — Jack Ascherl - At Large P.T. Fleuchaus - At Lame Alice Cycler - District M1 Edger Sennett - District 02 Donald K. Adams - District N3 Robert N. Hartman - District #4 Clyde R. Mann - District B5 62 Attorney Brandenburg commented that the State apparently was going to take this power away from the counties and give it to the cities. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 82-106 similar to the one adopted by Volusia County and authorized the signature of the Chairman. 63 OCT 6X982 Box 51 P��E596 OCT RESOLUTION NO. 82-106 RESOLUTION OF THE BOARD OF COUNTY COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA URGING ITS OWN LEGISLATIVE DELEGATION TO RESIST ANY AMENDMENTS TO SECTION.401.25 FLORIDA STATUTES THAT WOULD REMOVE THE COUNTY'S RESPONSIBILITY TO ISSUE CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO ANY PERSON OR ENTITY, INCLUDING MUNICIPALITIES FOR THE OPERATION OF EMERGENCY AMBULANCE SERVICES WITHIN ITS BOUNDARIES. WHEREAS, during the last legislative'session, and apparently during the forthcoming session, efforts have been or will be made to amend or repeal Florida Statute 401.25 to allow cities to operate emergency ambulance services without obtaining Certificates of Public Convenience and Necessity from the governing body of'the County in which they are situated; and WHEREAS, Indian River County feels it is imperative that the governing body of each county, being responsible for the health, safety and welfare of all of its citizens (and visitors), should retain this responsibility to determine the best manner in which emergency ambulance service should be provided to those citizens and visitors; and WHEREAS, the Board of County Commissioners of Indian River i County, Florida believes that fragmentation of emergency ambulance services could work to the detriment of the County by producing lower overall quality, higher cost and less efficient service than an integrated countywide system; and WHEREAS, there may be other counties in which municipal emergency ambulance services would be appropriate components of an integrated county -wide system, in the legislative discretion of the governing body of that county; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE COUNTY ADMINISTRATION BUILDING, VERO-BEACH, FLORIDA ON THIS 6th DAY OF OCTOBER, 1982, AS FOLLOWS: SECTION I: The Board of County Commissioners of Indian River County, Florida hereby recommends the retention of Florida Statute 401.25's requirement that any person or entity including 64 W_ M L�J municipalities desiring to provide emergency ambulance service in the State of Florida must first obtain a Certificate of Public Convenience and Necessity from the county in which the service is to be rendered. SECTION II: That a copy of this Resolution shall be provided to the Indian River County Legislative Delegation. SECTION III: That this Resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of October, 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA ,r By C: zil Don C. S ur ock, Jr Chairman ATTEST: Freda Wright, CleVk APPROVED AS.TO FORM AND LEG SUFFICIANCY By 0 a y Brande urg unty Attorn y 65 fox 51 rw 598 ADDITION TO PUBLIC SAFETY ADVISORY COMMITTEE som 5 a F The Board reviewed the following letter from Sheriff Dobeck: . DISTRIBUTION LIST ---00mM ss►oners--Ad fj R.T.TIM' DOBECK • rN Tir fpr "�^ • MEMBER FLORIDA SHERIFFS ASSOCIATI - P. 0. eOX 608 Wrsonnel _ PHONE 562.7911 MEMBER OF NATIONAL SHERIFFS ASSOC1A Works _ VBIRO BEACH, FLOIRIDA 32.60 u 1C Community Dev. Utilities - - September -9-i-1982- Financedther- Honorable Don Scurlock, Chairman Board of County Commissioners 2145 14th Avenue Vero Beach, Florida 32960 Dear Don: During the last—several months--and-as-we--move forward -in - the construction of the jail, it is.necessary that additional input*be given towards the planning. I have recommended to the Gifford Progressive Civic League to make a recommendation to myself and the Commission for someone from their community to be placed on the Public Safety Advisory Committee. I would ask the Commission to place this cons ideration�on the agenda at your next regularly scheduled meeting and plan to discuss adding an additional person. The Public Safety Advisory Committe has functioned very successfully since its' inception and its scope has been vast, but this addition could help the committee to broaden. I am confident.the County Commission shares my concern in this matter and will see its way clear to add the additional slot. Sincerely, R. T. "Tim" Dobeck, Sheriff Indian River County RTD:caj ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized creating an additional position on the Public Safety Advisory Committee for a representative from the Gifford community. CHANGE ORDER #2 - SOUTH COUNTY WATER SYSTEM Administrator Wright reported that at the time bids were received on the South County water system, Water Services of America, Inc., took exception to furnishing the pipe supports, and we now need to have pipe supports fabricated. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to approve Change Order #2, for the South County Water System for a total amount of $3,750.00 Commissioner Fletcher asked if this is a change in the pipe supports, and Administrator Wright explained that it is an addition of pipe supports because there are provisions in the contract documents that allow the bidders to take exception to supplying certain items. The bidder said he did not have the ability to to do. Engineer Robbins has gone back and figured out what is needed, and they have agreed to supply it for $3,750. Commissioner Fletcher then wished to know if this will add to the engineering cost. Engineer John Robbins explained in detail the circumstances in which Water Services of America took excep- tion to furnishing the pipe supports, noting that the pipe supports themselves were designed as part of the original plan and the subject change order represents what is required to date in order to install the fiberglass pipe. 67 OCT * 61982 WOO Fr - OCT 6 1982 H ox 51 r He continued that the $3,750 would be added to the construction cost, and ultimately it would reflect a change in the engineer's fee which is a percentage of the construction cost. Commissioner Wodtke pointed out that if the contractor had agreed to furnish this materially originally, it would have been reflected in the contract price anyway. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 68 Form FmHA 424-7 UNITED STATES DEPARTMENT OF AGRICULTURE FORM APPRO (Rev. 6-1 HA FARMERS HOME ADMINISTRATION ORDER NO. CONTRACT CHA\'GE ORDER I DATE No. 40-R 5007 5. 1982 Water System Improvements I STATE Florida TATEFlorida CONTRACT Contract FPart III - Reverse Osmosis Equip. Support FacilitiiisOR c�uNTYIndian River OWNER Indian River County, Florida To ..Gu -1f. Constructors. Internsti-ona1, Inc..-----------------------------------------------_..:..:__.._.................--. (C on trac tor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes lemental Plans and Specifications Attached) DECREASE IINCREASE in Contract Price in Contract Price 1. Required pipe supports and anchors for 3,750.00 the reinforced fiberglass pipe furnished under Contract Part II by Water Services of America, Inc. ............................................. TOTALS $ -------------------------- - -- - 3,750.00 3.750.00 JUSTIFICATION:. Water Services of America, Inc. took exception to furnishing the pipe supports and anchors required for the FRP pipe, in which they were to furnish, at the time of their original Bid. Therefore, in order to install the pipe properly and to have the manufacturer of the FRP to warranty -the pipe, these pipe supports and anchors are necessary. The amount of the Contract will be (PJldatXM*)O (Increased) By The sum Of: Three Thousand Seven Hundred and Fifty ---------------------00 3.750.00 Dollars ($ - ) The Contract Total Including this and previous Change Orders Will Be: Three Million Four Hundred Eighty Two Thousand, Six Hundred and Nineteen - - 0 mllars($3,482,619.89 ), The Contract Period Pr6vided for Completion Will Be (Unchanged): -0- Days This document will become a supplement to the contract and all provisions will apply hereto. Requested (Owner) Recommended �- (Owne s Architect ngineer) Accepted (Contractor) Approved By FmHA (Name and Title) This information will be used as record of any changes to the original construction contract. (Date) (D a te) (Date) (Date) Number copies required: 4 No further monies or other benefits may be paid out under this Time to complete: 30 min, program unless this report Is completed and filed as required by existing law and regulations (7 C.F.R. Part 1924). *U.S.aPo:1980.0.685-11811514Po�;itinn 6 FmHA 424-7 (Rev. 6-11-80) �_ 69 Rm 51 Fw 602 OCT 6 19 P J OCT 61982 51 Wor X03 PROCEDURES AND LIMITATIONS FOR HOSPITAL CARE FOR RESIDENT INDIGENT PATIENTS Janice Lindsey, Manager of the Welfare Department, presented the following information: TO: Board of County Commissioners DATE: E: September 7, 1982 FILE:_ Agenda. Sept. 15, 1Q8,,-' THAN: L. 8. "Tommy" Thomas Community Services Div. SU8jEvT: Adoption of Procedures and Zimitations for Hospital Care to Resident Indigent FROM: Janice M. Lindsey REFERENCES: Department Man fe Fare Department This is in response to a request from "Tommy" Thomas, Director of Community Services. It is recommended that the data herein presented be given formal consideration by the County Commissioners. The attached is a copy of the suggested new Procedures and Guidelines to be followed for reimbursement to the Facility for services rendered to Resident Indigent Patient. Purpose: To enable the County Welfare Department to screen each applicant that has requested medical assistance and determine who and who does not warrant the assistance. The Facility that provides medical care for said indigent resident, with these Guidelines to follow the Agent at the Facility will be able to make the initial determination before contacting the Welfare Department. Object: To provide an agreement that is feasible for determining the client and indigent resident, with a conflict between the Facilities Agent and the Welfare Director. Through the utilization of these Guidelines the County Welfare Department will be enabled to maintain the services required by the County residents. Should any member of the Board have any questions regarding the enclosed or desire any additional in -formation, please advise. Your assistance and support of adopting the enclosed will be greatly appreciated. 70 W, RIV]EM COUNTY MFARE DEPART 2ITT PROCEDURES AND LIidITATICNS FOR HOSPITAL CARE TO RESIDENT INDIGENT PATIENTS It is the intention of the Indian River County Welfare Department to provide a system for reimbursement of costs incurred by eligible medical facilities in providing medical services to indigent patients who are residents of Indian River County. This goal shall be obtained in accordance with the Health Care Responsibility Act and the following guidelines set forth by the County Commission for the County Welfare Department. '_. Definitions: A. Facility - A Non -Regional Hospital located in Indian River County, Florida. - ---- --- - - -B.-Res:ied_e-t----A�-person -that has established permanent residency - with the intent to remain in Indian River County. C. Regional Referral Facility - any Hospital outside county where indigent resides. 2. The Facility will notify the Indian River County Welfare Depart- ment before the expiration of five (5) days after the admission of any resident indigent patient to the Facility. 3. In all cases where an indigent is admitted for a stay not in excess of five (5) days notification will be given to the Indian River County Welfare Department immediately, if the Department offices are open or immediately upon their reopening on the next business day. 4. Any Facility that fails to comply with the reporting procedures outlined herein will be denied reimbursement. 5. Certification when given shall be -limited -according -to the following provisions: A. Certification shall be limited to twelve (12) calendar days per admission and forty-five (45) calendar days per annum, reimbursement shall be at the current Medicaid -per -diem -rate. - B. If after ten (10) days hospitalization, it appears that the patient will need additional days over the initial twelve (12) days, the attending physician must write a brief summary giving reason 1. why the patient needs the extention on the twelve (12) days. Failure to provide written justification for any additional days used, would result in denial for reimbursement for -the excess days. 6. The Facility will make the preliminary determination of the indigent resident's ability to pay for services rendered by the Facility. If after an investigation of the existence of other third party payors the Facility pre- liminarily determines that the Indian River County resident is unable to pay for the services rendered, then the Facility will immediately communicate its preliminary determination to the Indian River County Welfare Department. The Facility's preliminary determination of indigency is not binding upon the Indian River County Welfare Departmeat but is required to apprise the Department of the existence of prospective indigent cases. 71 51 6C4 OCT 6 1982 a �Qx �� � J I 61982 51 60 7. The Facility will use the following criteria in deterWininv indigency and residency: A. Length of time patient has resided in County. B. Existence of family and/or relatives presently living in the same household. C. If the patient has insurance, Workman's Compensation and/or receives Medicaid or Medicare. D. The existence of a savings or checking account. E. Value of property owned if any. F. Up to date record of employment. G. Driver License and/or Voter's Registration card. 8. The determination of indigency and residence will be made by the Facility immediately upon admission or soon thereafter as is practicable, taking into consideration the severity of the illness or injury. The source of the above information may be the individual admitted or any other party responsible for said minor individual. The results of the initial determination of indigency will be communicated to the Indian- - - River County-_Welfare _by- the -Facility-by tel.ephone_ar- eleacmmurucation -- -_- device, or if unavailable by the next most efficient means. Additionally, the Facility will document the information acquired and mail a copy to the Indian River County Welfare Department. 9. After investigation and certification of indigency and residency by the Director of the County Welfare Department, the Facility will be notified that the County Commission may accept limited responsibility for reimbursement of costs incurred in.behalf of the patient for eligible medical services. 10. Determining Factor: A. The County Welfare Department will only pay for emergency or acute cases. The determination of the severity of the illness will be left up to the Board of County Commissioner's, with the assistance of the Director of the Indian River County Health Department. B. The County Welfare will not reimburse for elective surgery or tests. Non-critical surgery will be reimbursed, but only in an emergency. C. The County Welfare Department does not accept responsibility for physicians services, arrangements must be made between the recipient and the physician. 11. Prior to any reimbursement and upon request by the Inman River County Welfare Department the Facility will forward a statement and schedule of services rendered to the resident indigent. 12. The Indian River County Welfare Department will then made a deter- mination as to whether the injury and illness is reimburseable under this procedure and other applicable rules and regulations. 13. The final decision for reimbursement of monies will be made ty the Board of County Commissioner's to the Facility. 72 14. INDIGENCY INCC',1E STANDARDS: Number of Persons 1 2 3 4 5 6 7 8 9 10 Monthly Income 220.00 260.00 320.00 380.00 440.00 500.00 560.00 620.00 680.00 740.00 M Annual Income 2,400.00 3,120.00 3,840.00 4,560.00 5,280.00 6,000.00 .6,720.00 7,440.00 8,160.00 8,880.00 For each additional related person in household add $55.00. Related: Mother - Daughter Does not include Aunts & Uncles etc. 15. The Facility, upon approval of payment by the Indian River County Board of County Commissioners, will be reimbursed at the Medicaid per diem rate prevailing at the time the services were rendered. This level of reimbursement will not include fees for physician's services. 16. This Procedure for Reimbursement for Provision of Hospital Care to Resident Indigent Patients is promulgated-by_l-adian-River County for the use of the Indian River County Welfare Department in its relations with Facilities as defined herein. This procedure is not .intended to be a bind- ing agreement or undertaking by the Indian River County. The County does not warrant that a Facility will receive reimbursement upon compliance with this procedure and Facility as defined herein for provision of medical care to resident indigent patients. The Indian River County Board of County Commissioners only intends to set out the respective steps to be followed by a Facility as defined herein to apply for reimbursement. The Indian River County Welfare Department does not by virtue of this procedure obligate itself to reimburse any Facility for the provision of'medical services to resident indigent.patients. Attorney Brandenburg informed the Board that he has reviewed this document and it is satisfactory. -It is meant to set up a uniform policy that the hospitals can use to determine when and when not to expect reimbursement from the county. Miss Lindsey noted that we never have had written guidelines, only oral agreements with the hospitals, and Commissioner Lyons felt this is a great step forward. � OCT 61982. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to adopt the Procedures 73 um - .51 Po'E`606, R 61982 � �- now 51 n* 607 and Limitations for Hospital Care to Resident Indigent Patients as in memo from Janice Lindsey dated September 7, 1982. Some discussion ensued in regard to paragraphs 2 an 3 which deal with length of stay and notification, and Miss Lindsey commented that the hospital sometimes does not know how long the patient will be there. Attorney Brandenburg noted that under this policy, the hospital would notify the Welfare Department immediately in all cases because they do not know up front how long the person will be there. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. CONTRACT STATUS PEBBLE BAY AREA WASTEWATER SYSTEM Engineer John Robbins reviewed the following recommendation: TO: The Honorable Members of DATE: September 29, 1982 FILE: the Board of County Commissioners FROM: Michael Wrigh County Admini SUBJECT: PEBBLE BAY SEWER AREA-- FROM: REA-- REFERENCES: As a result of discussions with the contractor and the engineer, I recommend that Bain Underground Utilities be allowed to complete the Pebble Bay Sewer Project. All involved parties agree the project can be finished by the end of October. At that time, issues regarding addi- tional costs or time can be resolved. 74 U77" - x. .:.. September 20, 1982 Mr. Michael Wright�`°41, Indian River County Administrator 1840 - 25th Street �N j Vero Beach, FL 32960 ,O Subject: Pebble Bay Sewerage Area`aQ' Wastewater System Improvements Q Indian River County, Florida Engineer's Project No. 6765 Dear Michael: _Sverdrup & Parcel and Associates, Inc. ,536 20th street Vero Beach. Florida 32960 305/562-2082 Engineers Architects Planners On September 1, 1982, the Board of County Commissioners approved Contract Change Order No. 7, extending Bain Underground Utilities,Inc.'s Contract seven days to September 5, 1982. On August 25, 1982, Bain Underground Utilities, Inc. submitted a revised construction schedule indicating the - earliest completion date of the subject project as September 30, 1982. As of this date, the Contractor is fifteen days past the -Contract com - pletion date and by our estimation, the Contractor will be four to six weeks beyond the Contract completion date in order to complete the project. Please advise as to what action the County 'wants to take with Bain Underground Utilities, Inc.'s Contract. It should be noted in order to complete the project, additional engi-' neering and field inspection services are required. Section L, "Supple- mental General Conditions", Paragraph 16, "Excess Cost of Field Engi- neering and Inspection", provides a means for the Owner to charge to the Contractor all engineering and inspection expenses in the event of avoid- able delay, as defined in Paragraph 14 of Section L. Throughout the Contract the Contractor has not demonstrated a genuine effort to complete the subject project within the Contract time. Therefore, it is our opin- ion the required additional time to complete the project is due to avoidable delays. Should you require further information, please call. Very truly yours, SVERDRUP & PARCEL AND ASSOCIATES, Inc. InA. Robbins Engineer Robbins came before the Board and described the work left, including installation of a master pumping station. He noted that 218 days have elapsed since Notice to Proceed was issued or approximately 31 days out of contract. He then listed the items remaining, including the closing of gravity sewer line across AlA to the old Vero 75 OCT 198 y.. etc .. 51 %E,60118 OCT 6.1982 . 660 51 FAE 609 �r Cruz pumping station, as well as final testing and cleanup and noted the Contractor has requested time extensions on this project. Mr. Robbins believed that 45 days of the extension time requested can be pinned down, but for some things the time is unknown. It was his basic recommendation to allow construction to continue and complete the project. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously accepted the recommendation of the Engineer re completion of the Pebble Bay Area Wastewater System, as above. Commissioner Fletcher commented that we are interested in completion to the point where the City will accept the system and there is one area he did not hear discussed - the hookup of the 7-11 store and the County park, which he understood has been deleted from the contract. Mr. Robbins stated that the facilities that the County built, the gravity sewer lines and pumping station, provide a point for off track facilities to connect, and the actual installation or hook up on private property would be the individual property owner's responsibility as set out in the tripartite agreement. The exact status of the 6" lateral, however, has not been determined; there was a problem with the elevation at which it was installed, and they have requested a quote to reinstall this and change the pipe type. The quote sent back of $20.00 per lineal foot was too high, in Mr. Robbins' opinion. One alternative was to have it deleted from the contract and installed by other forces; so, at present, service to 7-11 and Eckerd's has been unresolved. 76 Commissioner Fletcher asked about the possibility of County work forces performing the work that has not been completed. Mr. Robbins reported that there is about 150' of pipe, and Administrator Wright felt that County work forces could lay that amount of pipe. Commissioner Fletcher asked about the contradiction in Mr. Robbins letter where he stated that the delays were avoidable delays, but recommended that we continue with the same contractor. Mr. Robbins explained that what he refers to in his letter is that 218 days have elapsed and the contractors have only been on the job about 31% of the time. His opinion would be since there was time available for the work to be -performed that anything over the contract period that could not be justified could be considered avoidable delay. He continued that since that letter was written, requests for time extensions have been received, and they are in the process of evaluating them. Mr. Robbins noted that while he has made a recommendation that Bain Underground Utilities be allowed to complete construction, he has not made a recommendation as to what he would consider a reasonable amount of time or recommended anything about liquidated damages. Commissioner Fletcher asked Gary Scheidt of'Bain Underground Utilities if he had a date in mind when this system can be completed. Mr. Scheidt stated that he could not answer that question right now because there are three or four outstanding problems that have to be resolved before the work can be completed. It should be completed by the end of this month if everything goes as it should. Mr. Scheidt then informed the Board that he asked the engineers on August 25th if he -should pave the entrance driveway to 77 OCT 6 O� ,5-1,PnE 6t0 r � - 51- OCT OCT 6 1982 Eckerd's, but he has not been given an answer yet. He also has not been given an answer as to what to do with the fence in front of Pebble Bay Life Station #1; although, he requested the inspector for instructions about this on July 12th. In addition, they are still discussing a change order for an overload relay support, which has not been settled. Mr. Scheidt emphasized that he cannot complete a change order item until he receives official notice that the change order is accepted, and, therefore, there are some things outstanding that he cannot do. Discussion continued as to other items which are not finished and regarding landscaping that was removed from the right-of-way, and Mr. Scheidt stated that he was glad to have an opportunity to speak to the Board since Bain Underground has been in the newspapers a bit, and there are quite a few items that have caused delays which he does not feel are their responsibility. It was his belief that the project has been delayed 120 days or more not due to the fault of himself or his company. In further discussion, it was noted that the Board has indicated that their main interest is to get the project completed, and it was generally felt there needs to be better communication between those involved in this project in order for this to be accomplished. Commissioner Lyons suggested that since we are not in a position this afternoon to listen to the pros and cons of this situation, that the Administrator hold a meeting between the engineers, the Utility Department and Bain Underground, and come back to us with a consolidated story when Mr. Scheidt can be present. Administrator Wright informed the Board that he can meet with Engineer John Robbins and Mr. Scheidt at 10 o'clock tomorrow morning. 78 M, QUIT CLAIM DEED TO PARK IN ORCHID ISLAND Attorney Brandenburg noted that the County had authorized preparation of a quit claim to this park parcel in Orchid Island at a previous meeting. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Fletcher, to adopt Resolution 82-108 authorizing the execution of a Quit Claim Deed to Orchid Island Development Company for the park parcel on Orchid Island and authorized the signature of the Chairman. Commissioner Lyons expressed concern about the wording in the deed where it states the license and easement shall continue in effect.until such as time as the parcels presently being served by said system are served by Indian River County. He noted there could be another source of water and suggested it state "water service by other means." Attorney Brandenburg agreed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 79 ago, 611-21 OCT 61982 oa 51. piia 613 RESOLUTION NO. 82- 10B A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A QUIT -CLAIM DEED. WHEREAS, the Board of County Commissioners of Indian River County has examined the usefulness of a certain park parcel dedicated to the County in the plat of Orchid Island Subdivision Unit 1, and WHEREAS, the Board of County Commissioners of Indian River County finds and determines that said park parcel is of no value or use to Indian River County and, in fact, may be a liability due to property owner responsibilities, and WHEREAS, the Board of County Commissioners finds that the value of the parcel of real property is nominal due to its size, shape and location and is of use only to the adjacent property owner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman and the Clerk are authorized to execute the attached Quit -Claim Deed. 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 6th Attest: OZi_ FRFDA WRIGHT, C1/r4. APPROVED �6 FORM AND LEG UFFIQIENGY ,' By day of October , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ByC DON C. SCUR OCK, JR. Chairman URGJ County Attorney EN ouEo 40 ATIOPI RAMCO =L t This Quit -Claim Beed, Executed this th day of Ont - b , A. D. 1982 , by INDIAN RIVER COUNTY, a political subdivision, KXQE7t:9ifdkX existing under the laws of Florida , and having its principal place of business at 1840 - 25th Street, Vero Beach, Florida first party, to ORCHID ISLAND DEVELOPMENT COMPANY, a Florida Corporation, whose postoffit:e address iy c/o P. 0. Box 3406, Vero Beach, Floridd 32960 second party: (Wherever used herein the terms "first party" and '-second party" shall include sinkalar and plural. heirs. leeai representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the contest s,) admits or requires.) ii itflWe 9lThat he said' first y f f f >' p f party, or and'in consideration o the sumo $ 10.0 0 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does he►eby remise, re- lease and quit -claim unto the said second party forever,' ail the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate. lying and being in the County of Indian River State of Florida , to wit: That certain park adjacent to Parcel "A", according to the Plat of Orchid Island Subdivision, Unit 1, in Plat Book 4, page 3, Public Records of Indian River County, Florida. There is reserved herein a license and easement upon the above-described property for the maintenance of a water well and treatment system presently in existence thereon, said easement and license to run in favor of all lots and parcels in Orchid Island Subdivision which are presently being served by water generated from said system. Said license and easement shall continue in effect until such time as the lots and parcels presently being served by said system are furnished water service by other means. To 'ease and to 'IL®iii the same together with all and singular the appurtenances thereunto belonging or .in anywise' appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said' first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In herd the said first party has caused these pres- (CORPORATE SEAL) ents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. vi ATTEST:.... t INDIAN RIVER COUNTY .........................t1..% .L...:..................... ............:.:............... Freda Wright, ��le k ��srtas<xa x S. nest, Sealed and delivered in 1N'i`fpr�e!rK'f3"o��� 'I By......,f,,.... .... .. ...... .... .................... Don C. Scur ock, Jr. .,tfa<lit = �_ Chairman STATE OF FLORIDA COUNTY OF Indian River l I HEREBY CERTIFY that on this day, before me. an officer duly authorized in the State and County aforesaid to take acknowledgments. personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT Chairman and the Clerk well known to me to be the 76r7tsMr][OKNI respectively of the corporation named as fins party in the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly %rated in them by said corporation and that the seal affixed thereto is the Irue corporate 1 of said corporation. �.W'IT ESS mIIy hand and official s I in the County and State last aforesaid ihia� day of�� A. p Iq ,., form L sSta of F rids at .. Large. Commission ex ires: 7i�c Ott rt Nc'!M'yi'i' Itttc'i p 0 Illy r,tN IY NOTARY PUBLIC STAT O ORTD RONQED THRU GENERAL INSURANCE LIND OCT 61992 BOOK 51 FgEft4 C MISSION EXPIRES JULY 8.1986 OCT 61992 BOOK P'j6 LEASE AGREEMENT RE GIFFORD PARK Attorney Brandenburg commented that the extension of the term of the Lease Agreement re Gifford Park was discussed previously and agreed upon. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the Agreement with the Town of Indian River Shores re extending the term of the lease of Gifford Park. " 82 M AGREEMENT WHEREAS, the Board of County Commissioners of Indian River County entered into a Lease Agreement with the Town of Indian River Shores on the 28th of June, 1976, for the use of Gifford Park, and WHEREAS, the Board of County Commissioners of Indian River County now desires to make certain permanent improvements to the recreational facilities located at the site and to do so requests an extension of the lease. follows; NOW, THEREFORE, the respective parties agree as 1. The third paragraph of the agreement between Indian River County and the Town of Indian River Shores dated June 28, 1976, which is attached hereto and incorporated herein by refer- ence, is amended as follows; "Unto the said Lessee for a term of twenty-six (26) years beginning on the 15th day of June, 1976, at and for the sum of One ($1.00) Dollar per year rental to be paid in advance, the receipt of Eighteen ($18.00) Dollars upon the initial execution of this lease being acknowledged and the receipt of Eight ($8.00) Dollars upon the execution of this amendment being acknowledged, provided, however, that in the event the City of Vero Beach sells the electric utility power plant now owned by it, then upon such sale being consummated, the term of this lease shall be changed to a period of thirty (30) years from the beginning date hereof." 2. The remaining portions of the Lease Agreement shall remain in full force and effect for the duration of the Lease. IN WITNESS WHEREOF, the parties hereto have through their authorized agents set their hands and seals on the 6th 83 0 CT 6 )902 so PACE f�;. OCT 61992 day of October , 1982. Signed, sealed and delivered in the presence of: to L "so r ww/jj/ APPROVED AND LE By • JJL�L'1114L 1:1114. Attorney 51 P;,,,,-617 LESSOR: TOWN OF INDIAN RIVER SHORES By:_ _e -e Lll� EDWARD J.` NOI�Af, , Mayor . Attestz. 4 IVI VIRGMA L. GILBERT Clerk LESSEE: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By:_ .�► . DON C. SCURLOCK,,, JR': Chairman Attest: FRE A WRIGHT, Cl(Irk .00 AGREEMENT WITH MAY ZIMA & CO. RE COUNTY AUDIT Attorney Brandenburg informed the Board that there were a couple of minor changes in the proposed agreement for auditing services - we no longer need a specific compliance \letter for the Section 8 Rental Assistance Program so that can be deleted for each year. In Section 12, the phrase "as of this contract date and any additional grants constitute additional services." should be added. Attorney Brandenburg continued that when this was advertised, it was advertised that it would be a contract period of three years with a two year contract renewal. We do not have a contract renewal clause, and May Zima have requested it be added back to the contract. He wished to know the Board's desire in that respect. Commissioner Fletcher noted that, in effect, we would 84 L� not have to go out for bid after three years. It was agreed that if the auditors were satisfactory, that is true. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to authorize the Chairman to sign the contract with May Zima & Co. with the changes noted, including a renewal option. Attorney Brandenburg believed it would be better without the renewal option, but that was the way it was published originally. Administrator Wright noted there is a termination clause in there after the first year. THE CHAIRMAN CALLED.FOR THE QUESTION. It was voted on and carried unanimously. 85 1 BOOK , 51 FAR 618 CT 6 192�, 1' AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made this 6th day of October 1982, by and between Indian River County, a political subdivision of the State of Florida, herein referred to as County and May Zima & Company, certified public accountants, herein referred to as Auditor. For and in consideration of the mutual covenants contained herein the parties agree as follows; 1. Term of Contract. Auditor shall provide County with the financial audit services set forth in this agreement for fiscal year 1982, fiscal year 1983 and fiscal year 1984. 2. Services Provided, Auditor shall provide County with an annual financial audit of its accounts and records within six (6) months of -the completion of each respective fiscal year. For the purpose of this contract, a financial audit shall mean an examination of financial statements in order to express an opinion on the fairness with which they present financial positions, results of operations, and changes in financial position in conformity with generally accepted governmental accounting principles and an examination to determine whether operations are properly conducted in accordance with legal and regulatory requirements which shall meet the requirements of Florida Statutes §11.45, as amended during the term.of this agreement, and the Rules of the Auditor General for each respective fiscal year. The scope of the Auditor's services shall znclude; For the 1982 Fiscal year: 1) An opinion and General Purpose Financial Statements for the Board of County Commissioners, Clerk of the Circuit Court, Sheriff, Tax Collector, and Property Appraiser. 2) A separate report and opinion for: a) The Sanitary Landfill b) The County Water and Sewer System c) The North & West County Fire Districts d) The Housing Authority e) The Section 8 Rental Assistance Program 3) Compliance letters for: a) The Sanitary Landfill b) Federal Revenue Sharing Funds -1- M r M For the 1983 Fiscal year: 1) An opinion and Comprehensive Annual Financial Report for the Board of County Commissioners, Clerk of the Circuit Court, Sheriff, Tax Collector, and Property Appraiser. 2) A separate report and opinion for: a) The Sanitary Landfill b) The County Water and Sewer System c) The North and West County Fire Districts d) The Housing Authority e) The Section 8 Rental Assistance Program 3) Compliance letters for: a) The Sanitary Landfill b) Federal Revenue Sharing Funds c) The Section 8 Rental Assistance Program 4) An audit of the Section 8 Rental Assistance Program in accordance with the HUD audit guide for audits of public housing agencies. 5) Assistance in obtaining the MFOA Certificate of Conformance. For the 1984 Fiscal year: 1) An opinion and Comprehensive Annual Financial Report for the Board.of County Commissioners, Clerk of the Circuit Court, Sheriff, Tax Collector and Property Appraiser. 2) A separate report and opinion for: a) The Sanitary Landfill b) The County Water and Sewer System c) The North and West County Fire Districts d) The Housing Authority e) The Section 8 Rental Assistance Program 3) Compliance letters for: a) The Sanitary Landfill b) Federal Revenue Sharing Funds 4) Assistance in obtaining the MFOA Certificate of Conformance. For the purposes of this contract, the following definitions will apply; A. General Purpose Financial Statements are given the meaning defined by the National Council on Governmental Accounting in Statement 1, Governmental Accounting and Financial Reporting Principles. B. Comprehensive Annual Financial Report is given the meaning defined by the National Council on Governmental Accounting in Statement 1, Governmental Accounting and Financial Reporting Principles. C. Wherever an opinion of the Auditor is referred to, -2- OCT 6 1982 FACE OCT 61992. 51 f;,6,621 it shall be given the meaning of a statement signed by an auditor in which he states that he has examined the financial statements in accordance with generally accepted auditing standards and in which he expresses an opinion on the financial position and results of operations of the constituent funds and account groups of the governmental entity. 3. Compensation. For the services required to be per- formed by Auditor under this agreement, the Auditor shall receive the amounts at the times set forth below; BILLING BILLING DATES FISCAL YEAR ENDING SEPTEMBER 30 1982 1983 1984 August 15 $ - 0 - $ 6,000 $ 6,000 September 15 7,000 3,725 3,725 October 15 7,250 4,000 4,000 November 15 3,000 3,000 3,000 December 15 6,000 6,000 6,000 January 15 12,000 11,000 11,000 February 15 7,580 7,450 7,450 March 15 4,750 4,575 4,575 $ 47,500 $ 45,750 $ 45,750 MAXIMUM FEE FOR THREE YEARS $139,000 4. Financial Audit Report Recauired by Statutes. The financial audit report, as required by Florida Statutes §11.45 and Section 10.800 of the Rules of the Auditor General, shall contain a minimum of the following; , A. Auditor's Report on Examination of Financial. Statements. The Report prepared by an;auditor covering the audit or investigation made by him. The report shall include but not be limited to: 1) a statement of the scope of the audit; 2) explanatory comments (if any) concerning exceptions by the auditor as to application of either generally accepted accounting principles or the consistency of application of such principles; 3) the Auditor shall express an unqualified opinion on the financial statements of all funds.. If unable to express an unqualified opinion, the Auditor should state the reasons for qualifica- tion or disclaimer of opinion. B. Financial Statements. A balance sheet, statement of revenues and expenditures, or other statements of presentation of financial data, including accompanying notes, derived from the accounting records presented in conformity with the fund and/or account group classifications as required for compliance with Section 10.800 of the Rules of the Auditor General. C. Auditor's Letter of Comments and Recommendations. A letter to the County containing various comments and recommenda- tions by the Auditor based upon a review of the County's system of internal accounting and operating controls and other findings. A letter will also be required for the constitutional officers as listed below: - Tax Collector - Property Appraiser - Clerk of the Circuit Court - Sheriff 5. Financial Audit Schedule. A. Financial Year Ended September 30, 1982. The Financial Audit for the fiscal year ended September 30, 1982, shall be completed and final report shall be submitted on or before March 11, 1983. B. Fiscal Year Ended September 30, 1983. The Financial Audit for the fiscal year ended September 30, 1983, shall be completed and final report shall be submitted on or before March 16, 1984. C. Fiscal Year Ended September 30, 1984. The Financial Audit for the fiscal year ended September 30, 1984, shall be completed and final report shall be submitted on or before March 15, 1985. 6. Scope of Audit - Funds and Account Groups. The financial statements shall be prepared in conformance with the primary funds and account groups as described in Statement 1, Governmental Accounting and Financial Reporting Principles, with supplemental schedules as required for compliance with Section 10.800 of the Rules of the Auditor General of the State of Florida. Funds may be combined to the extent permitted by the Industry Audit Guide and by Statement 1. 7. Primary Report on General Purpose Financial Statements. The following funds and account groups are used by -4- 51 622 OCT 6 1982 OCT 61992 ' y BOOK 5 Phil County and in conformity with generally accepted principles of governmental accounting, are those into which the general purpose financial statements are to be classified and grouped for finan- cial reporting and audit opinion purposes: - General fund - Special revenue funds - Debt service funds - Capital projects funds - Enterprise funds - Special assessment funds - Trust and agency - General fixed asset group of accounts - General long-term debt group of accounts 8. Supplemental Financial Representations. Supplemental to the above funds and account groups are the financial representations of the following entities and/or Constitutional Officers: - Indian River County Board of County Commissioners - Indian River County Clerk of the Circuit Court Clerk ex -officio to the Board of County Commissioners - Indian River County Tax Collector - Indian River County Property Appraiser - Indian River County Sheriff Financial representations relating to each of the above entities or Constitutional Officers shall be included as supple- mental data to the general purpose financial statements and shall be reported on accordingly. 11 9. Management Letter. A tenXative Management letter and preliminary financial audit report shall be delivered to the County no later than February 7, 1983,,,for the fiscal year ended September 30, 1982, and no later than February 13, 1984 and 1985, respectively for the fiscal years ending September 30, 1983 and 1984 respectively. A final financial audit report shall be submitted in accordance with Section 5 hereof. 10. Compliance Letter. In addition to the Management letter, and in the same manner, the Auditor shall prepare and submit to the Board of County Commissioners of Indian River County a letter regarding the County's compliance with the terms of its various bond issues existing at the date of this contract. 11. Availability of Records. It is contemplated that M. all records subject to audit for the year ended September 30, 1982, should be available for Auditor examination beginning October 30, 1982. It is further contemplated that records relating to the audit for the year ending September 30, 1983 and 1984 should be available no later than thirty (30) days following the year end. 12. Audit Standards. Each audit shall be done in con- formity with generally accepted auditing standards as promulgated through the American Institute of Certified Public Accountants (AICPA) Industry Audit Guide, Audits for State and Local Governmental Units, AICPA standards and procedures, and, excluding the review of economy and efficiency of operations and programs results, standards and procedures set forth in the publication Standards for Audit of Governmental Organizations, Programs, Activities and Functions, Comptroller General of the United States. Requirements of Federal and State agreements and statu- tory audit requirement will be conformed with as each may be applicable, as of this contract date and any additional grants constitute additional services. 13. Irregularities. Should irregularities or other unforeseeable conditions be encountered which might necessitate the extension of the auditing procedures, the Auditor agrees to advise the County in writing and shall Contain a detailed explana- tion of the unforeseen conditions or irregularities, and why the additional fees are necessary. Whether a time extension or addi- tional fees are granted to Auditor is at the sole discretion of County. 14. Illegal Acts. The Auditor is aware that illegal acts may be discovered during the audit. However, it is recog- nized that the audit cannot be relied upon to assure the discovery of illegal acts, nor is the audit primarily or specifically designed to disclose defalcations and other illegal acts, though their discovery may result. The Auditor agrees to immediately disclose the discovery of any and all illegal acts to the Board of County Commissioners. 15. Standard of Care. In the performance of the audit, OCT 61982 Bea KK 6? OCT 6 1982 thed' Au itor shall be bound by and shall make the examination in accordance with generally accepted auditing standards. 16. Extra Work to be Specifically Required by County. The Auditor, upon receipt of a written request from the County, shall perform such additional auditing services as requested by the County. This may include a review of the efficiency and economy of operations, systems of internal control, operating and management procedures and effectiveness in achieving program results. The purchase of specialized services or extra audit services required by special federal or state reporting require- ments shall require submission of a written proposal by the Auditor for agreement and approval by County. Such extra work shall be covered by a separate contract. The cost of such specialized services shall be negotiated at the time the services are requested. 17. Work Papers. After completion of any work provided for herein, the Auditors shall make their work papers, records and other evidence and documents relating to such work available for inspection and copying by the County and by the auditors retained by the County who succeed May Zima & Company to the extent necessary to support the balance set forth in the most recent financial statements to the County on which the Auditor has reported. All public records under Florida Law shall be made available to the County, successor C.P:A. Firms, and to the general public. Any copying done shall be at the expense of the copying party. other requests for access to such documents will be considered by the Auditor, but the Auditor has no obligation to grant them. 18. Record Keeping. Auditor agrees to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged and any expenses for which Auditor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by County. 19. No Additional Com ensation for Expenses. Unless incurred at the specific request of the County, Auditor shall not be reimbursed for any travel, per diem, photocopying, telephone bills, or related expenses. 20. No Assignment by Auditor. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered under any circumstances by Auditor. However, this Agreement shall run to the County and to any of its successors. 21. Auditor Shall be Familiar with All Applicable Laws. The Auditor shall familiarize themselves with and comply with the provisions of any and all Federal, State and County Orders, Statutes, Ordinances, Charter, Bond Covenants, Administrative Code, Rules and Regulations, which may pertain to the work required under this Agreement, including specifically those which pertain to "Conflicts of Interest" and "Employment Discrimination". 22. Termination. The parties agree this Agreement shall not be terminated by either party with respect to the fiscal year ending September 30, 1982. Thereafter, County in its sole discre- tion shall have the right to termination of this Agreement at any time with or without cause. Auditor shall have no right to termination unless there is an uncorrected default by County. In the event of termination by County, Auditor shall be entitled to payment for all work performed through the date of termination. In the event County increases the scope of work by adding new areas of responsibilities, then Auditor shall be entitled additional compensation as provided by this contract. 23. Representatives of County. The County and each County Agency shall designate a representative through whom all communications pertaining to the day-to-day conduct of the audit shall be addressed and shall notify Auditors accordingly. Such individuals may, from time to time, designate one or more of his staff to perform all or part of the functions required hereunder and shall so advise the Auditors. 24. Representatives of Auditor. The Auditor shall inform the County and other County Agencies of the name of the representative of the Auditor to whom matters involving the I ti -8- 0CT 6 1992 '51 626 51 697 OCT 61982 conduct of the audit shall be addressed. 25. Incorporation of All Prior Agreements. This docu- ment incorporates and includes all prior negotiations, correspon- dence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that.no deviation from the terms hereof -shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 26. Option Renewal. This contract may be extended at the end of its term for an additional two (2) years, providing the parties negotiate and reach an acceptable rate of compensation and services. 27. Report Copies. Auditor shall provide twenty (20) copies of the final financial report to County. 28. Execution. This document shall be executed in five (5) counterparts, each of which shall be deemed an original. 29. The original contract prides set forth in this contract and any additions thereto shall be adjusted to exclude any significant sums by which the Commission determines the con- tract price was increased due to inaccurate or incomplete factual unit cost used in negotiating the compensation set forth herein. IN WITNESS WHEREOF, the parties to this contract have set their hands and seals on the date above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By G DON C. SCURLO C K, JR. Chairma Attest: 0. Jan— Fre a Wright, ClE&k C til,; A.Ior` e,, MAY ZIMA & COMPANY By?L , Title -9- r TRUTH IN NEGOTIATION CERTIFICATE May Zima & Company by and through the undersigned officer certifies that the rate of compensation and other factual unit costs used by May Zima in negotiating this contract with Indian River County and at arriving at the compensation set forth herein are accurate and complete and current at the time of contracting. MAY ZIMA & COMPANY M VIP /r, W/A -WE I: T? LETTER OF AGREEMENT WITH MAY ZIMA RE MANAGEMENT ADVISORY OCT 6 1982 L ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously approved a Letter of Agreement with May Zima & Co. re Management Advisory Services and authorized the signature of the Chairman. 86 9Q AS LU 51 PACE 6?& p OCT 61982 To the Honorable Board of County Commissioners Indian River County, Florida Dear Sirs: mayZimaw CvOW Public Acc ou" 211 North 11tr and A►rnue Et Bo131arh 5 ,66da 32013 1981 We would like to take this opportunity to conf irm our understanding of the arrangements made with Indian River County regarding the nature and extent of Management Advisory Services we will provide to the County. The objectives of the engagement are to: Develop and prepare an internal overhead rate for the allocation of general government administrative and overhead costs to all user departments in both the general and all other funds; - Develop a methodology for the implementation and use of the overhead rate; and Develop instructions and train designated County personnel in their use for the subsequent maintenance of the overhead rate. The internal overhead rate generated can be used by the County for a variety of uses such as: . The development of fees for enterprise fund operations; Justification of charges from the general fund to utility and internal service funds; and The realistic reflection of overhead costs in all departments to demonstrate to management, elected officials, and the citizenry the true cost of operations by function. The.end-products to be provided to Indian River County are: Internal Overhead Rate Report. This report identifies the method used and assumptions made in the development of the rate. The report provides a schedule detailing the impact of the application of the rate by department, function and fund. The schedule can be incorporated in total or in part into the budget process depending on the desire and needs of the Board of County Commissioners; Procedure for the use of the rate. A written procedure to be used by the County personnel in the monthly application of the rate. This procedure will identify the logical order of events to take place in the application of the overhead rate to the various departments and functions; and Procedure for the maintenance of the internal overhead rate. • A written set of procedures to be used by the County personnel in the annual update of the internal overhead rate. In addition, a copy of key working papers will be provided, so that the employee(s) designated to the maintenance task will have formats, working papers design and forms at their disposal for subsequent annual updates. A work shop will be held at the conclusion of the engagement for the training and instruction of the designated maintenance personnel. 87 M M It is understood that in the preparation of the internal overhead rate the County will: . Provide adequate office space as required; Designate a County employee who will act as liaison during the course of the engagement. This liaison employee will be dedicated to the.project. (First priority to the project); and, . Provide timely access to required data and information. we can begin the project within one week after your approval and will furnish the end -products in approximately three weeks after the start of the engagement. Our fee for these services is computed on the basis of actual time spent and out-of-pocket costs incurred. On the foregoing basis, our fee will not exceed $6,000. In the event that the time required to complete the engagement is less than our estimates, we would, of course, bill the lesser amount. If we encounter a situation that.was not foreseen by either party, which would significantly increase the time required, we will renegotiate with you before proceeding further. In accordance with our usual practice, we will render interim billings every two weeks as the work progresses. The liaison oif icer to coordinate the .County's activities throughout the engagement will be Jeffery K. Barton, Finance Director. The partner -in -charge of the engagement will be John A. Yonkosky, CPA, in our Daytona Beach office. We would like to thank you for this opportunity to be of service to you and we hope that these arrangements meet with your approval. If so, please sign the copy of this letter in the space provided and return it to us. . � W Daytona Beach, Florida September 1, 1982 Acknowledged: 4 e Chairman October 6, 1982 Signature and Title Date QUIT CLAIM DEED TO DOUGLAS ELEMENTARY SCHOOL Attorney Brandenburg informed the Commission that the School Board has sent us a revised Quit Claim Deed eliminating their right to use the Douglas School Building for three years. He continued that in previous discussions, the School Board seemed to be willing to allow the county the flexibility of accepting the deed at such time in the future as we have the lease arrangements worked out with the community group in that area so that we do not have a hiatus 88 fY a, F� r u OCT 61982 . u OCT 61982. � aK �:;br sF z during which we have the property and it is not under lease. The Attorney recommended that the Board accept the deed to be recorded and formally accepted at such time as an arrangement is worked out with the community. Commissioner Bird felt it should also be with the understanding that the School Board retains responsibility for the property until we formally accept it. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to indicate to the School Board that the County will accept the revised deed to Douglas Elementary -School, and acceptance will be effective when the Attorney's office records the deed, which will not be until arrangements have been worked out with the community for a proper use of the property. Commissioner Wodtke asked Mrs. Ingram, President of the West Wabasso Civic League, if any arrangements have been made with the health group re leasing a portion of the Douglas School complex. Mrs. Ingram stated that she has not met with them yet because the League is in the process of fund raising. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously extended the meeting to 5:15 P.M. Commissioner Bird expressed the hope that things are moving along in a timely fashion in regard to reaching an agreement with the Health people because the Board does not want to activate the Quit Claim Deed until we have a lease arrangement worked out with the Civic League or someone; we 89 do not want to have a gap, and the longer the buildings sit idle, the more problems there may be. Mrs. Ingram reiterated that they are working on it and -are in the process of trying to get an attorney to advise them. Commissioner Fletcher asked if the health group has had any communication with Mrs. Ingram since the last meeting. Mrs. Ingram again stated that she does plan to meet with them and that there is no hostility between the two groups. She explained that she has not had time to get with them because of teacher negotiations and also felt that she needs legal help to be properly guided. THE CHAIRMAN CALLED FOR THE QUESTION. It was A voted on and carried unanimously. GAINTIME AND GOODTIME PROGRAM FOR COUNTY PRISONERS Attorney Brandenburg informed the Board that the Sheriff recommends adoption of the proposed Resolution which gives County prisoners incentive for good conduct and participation in work group programs. This would also help relieve some of the burden of overcrowding of the jail. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 82-107. 90 arc FnE 6 32 0 C 6 198 I OCT 61982 SOCK- Sf RESOLUTION NO. 82-107 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR GAINTIME AND EXTRA GOODTIME FOR COUNTY PRISONERS. WHEREAS, Florida Statutes §951.21 (1) provides that the Board of County Commissioners shall grant County prisoners who commit no infraction of jail rules and who are not charged with misconduct gaintime deductions from their sentences, and WHEREAS, the Board of County Commissioners is also authorized, upon the recommendation of the warden or sheriff to adopt a policy to allow County prisoners, in addition to time credits an extra goodtime allowance for meritorious conduct or exceptional industry, and WHEREAS, the Sheriff of Indian River County has reviewed this resolution and recommends that the Board of County Commissioners adopts the policy set forth as follows; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; I. A. The Board of County Commissioners of Indian River County pursuant to Florida Statutes 5951.21 (1) hereby commutes the time to be served by County prisoners for good conduct; the following deductions shall be made from the term of sentence when no charge of misconduct has been sustained against the County prisoner; 1.- Five days per month for the.first and second years of the sentence. 2. Ten days per month off the third and fourth years of the sentence. 3. Fifteen days per month off the fifth and all succeeding years of sentence. B. Where no charge of misconduct is sustained against a County prisoner, the deduction provided by this section shall be deemed earned and the prisoner shall be entitled to credit for a month as soon as the prisoner has served such time as, when added to the deductions allowable, will equal a month. II. A. In addition to time credits otherwise earned, the Board of County Commissioners hereby adopts an extra goodtime 91 i allowance policy. County prisoners who have not received a charge of misconduct that has been sustained and who have participated in the jail trustee program or the County work crew program shall be allowed the following deductions from their term of sentence for meritorious conduct or exceptional industry pursuant to Florida Statutes §591.21 (3); 1. Two days per month off the sentence for a prisoner working as a jail trustee. 2. Three days per month off the sentence for a prisoner working on a County work crew. B. When a prisoner faithfully performs the assignments given in a conscientious manner and against whom no charge of misconduct has been sustained shall be entitled to a credit for a month as soon as the prisoner has served such time as, when added to any other deductions allowable and the extra goodtime deduction allowable will equal a month. III. For each sustained charge of escape or attempted escape, mutinous conduct, or other serious misconduct, all the commutation and allowances which shall have been accrued in favor of a County prisoner up to that day shall be forfeited, except that in case of escape if the prisoner voluntarily returns without expense to the State or County then such forfeiture may be set aside by the Board of County Commissioners if, in its judgment, his subsequent conduct entitles him thereto. . IV. All or any part of the gaintime earned by a County prisoner and any extra goodtime allowed him, if any, shall be subject to forfeiture by the Board of County Commissioners upon recommendation of the Sheriff for violation of any law of the State or any rule or regulation of the Board or jail. The foregoing resolution was offered by Commissioner Fletcher who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye 92 OCT 6198 51 nd34 1 L 1 OCT 6 1982 $OXFrig` 4 The Chairman thereupon declared the resolution duly passed and adopted this Attest: 6th day of October , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ✓ C DON C. SCU OCK, JR. ,,--� Chairman FREDA WRIGHT, Cleo APPROVED AS TO FORM (j AND LEGA kFFI EN By TGM DENBU!2_...,j T my Attorney QUAY DOCK ROAD Attorney Brandenburg reviewed his memo, as follows: TO: Members of the ®ATE' ' FILE: September 28, 1982 Board of County Commissioners SUBJECT: Quay Dock Road FROM: Gary M. Brandenburg REFERENCES: County Attorney Attached to this memorandum you will find a Quit -Claim Deed executed by Mr. Leroy Telkamp for the portion of Quay Dock Road that extends from the existing pavement to the Indian River where the old dock was located. There is also a Drainage and Maintenance Easement executed by James T. Holmes in favor of Indian River County to allow the County access for the purposes of maintenance of the drainage ditch on the south side of the road extending to the river. These original instruments have been delivered to this office in trust -by-their-attorney-,—M-r. Gene --Roddenberry,- to be held until the certain improvements previously agreed to be made by the County Commission to the end of Quay Dock Road have been completed and the Revised Maintenance Map filed of record. There is available in my office for your review a copy of the proposed Revised Maintenance Map. The filing of the Revised Maintenance Map together with the recording of these two instruments will give Indian River County the rights it is entitled to pursuant to our former agreement with the abutting property owners. 93 RECOMMENDATION 1. Authorize the Chairman and the Clerk of the Board of County Commissioners, the Administrator and the County Attorney to execute and record the Revised Maintenance Map for Quay Dock Road, and 2. Authorize the Public. Works Director to begin making those certain improvements to the end of Quay Dock Road previously agreed to by the County Commission, and 3. Upon completion of the improvements authorize the County Attorney to accept the deed and easement and file them in the Official Records of Indian River County. Respeully, submitted, . -ter MOTION WAS MADE by Commissioner Fletcher, SECONDED by Commissioner Wodtke, to approve recommendations 1, 2 and 3, of the Attorney's memo dated September 28, 1982. Mitchel Hampton of the Winter Beach Progressive League noted that the deed requires that the property be left in its natural historical condition, and he wished to know if it could be worded so that there could be a turn -around provided. Attorney Brandenburg explained that the deed is for the portion of the road from its current pavement to the Indian River, and the County has agreed to put a turn -around at the end of the paved area by putting in a culvert. Mr. Hampton then asked about construction of a pathway and an overlook and the size of same, noting that the public would -like to have easy access to the river. Attorney Brandenburg stated that the terms of the agreement would not have any effect on the overlook; the terms are that it would be left in as natural condition as V4 Z 94 OCT 61982 0 51_ PAE. +_X -h FF__ OCT s 198 B O: 5 63T possible and any improvements in the future would have to be considered in light of the restriction in the deed. Commissioner Wodtke felt the key word is "historical" and that there were certain things there historically which would allow us to have the path and the overlook. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. BID #142 - SERVICE CONTRACT FOR CARRIER CHILLER Purchasing Agent Carolyn Goodrich reviewed her recommendation, as follows: TO: Board of County Commissioners DATE: September 23, 1982 FILE: THRU: Michael Wright County Administrator SUBJECT: IRC Bid 4142 - Full Maintenance Service Contract for Carrier Chiller FROM: Carol 1 Goodrich REFERENCES: Purchasing Department Manager ` 1. Description and Conditions Bids were received September 21, 1982 at 11:00 A.M. for IRC Bid #142 - Full Maintenance Service Contract for Carrier Chiller. 6 Bid Proposals were sent out. Of the 3 Bidders responding, 2 were "No -Bids". m 2. Alternatives and Analysis The Carrier Chiller is covered by the original equipment warranty for parts until.March 21, 1983. 'The only bid received was from Carrier Building Services in the amount of $575.00 per month, total yearly charge $6900.00. 3. Recommendations and Funding Therefore, it is recommended that IRC Bid #142 be awarded to Carrier Building Services. A copy of the Carrier Service Agreement is in the Commission Office for review. Funds budgeted in Account #001-220-519-34.62 95 Commissioner Fletcher noted that we appear to be paying $6,900 a year for a maintenance contract and he wished to know the cost of the chiller. Acting General Services Manager Lynn Williams informed him that the chiller and components are worth about $80-90,000; it is a sophisticated piece of equipment, and he believed training a man to service it would cost about $20,000 a year. Commissioner Fletcher wished to know why there were no local bidders, and Mr. Williams felt there were none able to provide the services required. Mrs. Goodrich reported that a firm from Stuart picked up the bid forms, but after reading the specifications, did not bid. 5 Mr. Williams felt that access to parts has something to do with it, and Carrier has a stock of repair parts. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #142 for a Full Maintenance Service Contract for the Carrier Chiller to Carrier Building services as recommended. BOARD OF COUNT Y CCO MM9S&ONEF4 a 1 6+ a 2:45-14:YI AVe6n -.I«e Vero Beach, Florida 32960 .0 �q �Q q� JS,� BID NO. DATE OF OPENING a=, or" .RC BID #142 Sept. 2711, 1982 k. Via �_�41 BID TITLE CARRIER FULL SERVICE MAINT.CONTRACT CHILLER ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT P ' 1. Full Sery' for: Carrier Chiller 575 00 NB NB MO. 6900 00 Yr. OCT 61g�� 51 woo -63S OCT 61992 9 BIDS #144 AND #145 - PAVEMENT STRIPPER AND TRAFFIC PAINT The Board reviewed memo and recommendation of Public Works Director Davis, as follows: TO: The Honorable Members of the DATE: September 24, 1982 FILE: Board of County Commissioners THRU: Michael Wright, County Administrator SUBJECT: Award of Bids - IRC # 144 Pavement Stripper IRC #145 White and Yellow Traffic Paint: FROM: James W. Davis, P.E.' U REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS Bids were received September 21, 1982 for a Pavement Stripper and Traffic Paint. During the August 4, 1982 meeting of the Board of County Commissioners, the Public Works Division was instructed to purchase Traffic Signal Maintenance Equipment and Pavement Marking Equipment so that the related functions can be accomplished "in-house" Funding was to come from unencumbered FY 81-82 funds - - _ in Account No. 111-214-541-66.44 Traffic_ Signals_ and Markers (unencumbered balance as of August 26, 1982 is $83,444.) Bids were received September 21, 1982 for a Pavement Stripper and Traffic Paint. For the Stripper, bid documents were sent to seven (7) companies. Five companies responded, with two submitting no bid. The low bid was received by Dave Smith and Co., Inc., Fort Lauderdale, F1. in the amount of $6,060.00. The Equipment bid meets specifications. The bid tabulation is attached.' For the Traffic Paint, bid documents were sent to five (5 ) companies. Three companies submitted bids, with the low bid being submitted by Redland Prismo Corp., Parsippany, N.Y. in the amount of $4.61 per gallon for white traffic paint and $4.42 for yellow paint. As specified in the bid documents, the County is purchasing 825 gallons of the white paint totaling $3,803.25 and 550 gallons of the yellow paint totaling $2,431, for a grand total of $6,234.25. ALTERNATIVES AND ANALYSIS Since the low bids meet specifications, there is no objection to aw?rding the bids to the low bidders. RECOMgDMATIONS AND FUNDING It is recommended that the following low bids be awarded: IRC #144 - Pavement Stripper - Dave Smith and Co., Inc - $6,060.00 IRC #145 - White and Yellow Traffic Paint - Redland Prismo Corp."- $6,234.25 Funding in the amount of $12,294.25 to be from Account 111-214-541-66.44 Traffic Signals and Markers. 97 ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously awarded Bid #144 for pavement stripper to Dave Smith & Co. in the amount of $6,060.00 and awarded Bid #145 for white and yellow traffic paint to Redland Prismo Corp. in the amount of $6,234.25, as being the lowest and best bids meeting specifications and as recommended by the Public Works Director. BOARD OF COUNTY COMMISB'ONERS 2145 -14th Avenue � Vero Beach, Florida 32960 qa 98 0 Cr 6 19 640 p�a a°rg re 131D a I�9O61C-ATI®Ar :� �� �� / �•1_Ii' , s J Bio NO. DATE OF OPENING y '' !' IRC #145 August 20, 1982 3 / � �� � ^: 401 BID TITLE Yellow White Traffic Paint & r f. Paint NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1: White Traffic Paint. . 825 Gallon Price pergallon 461, i i 2. a TrafficPain 550 gallon Pr=ce a gallon f II f 98 0 Cr 6 19 640 r OCT 61982 BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 PAID TABULATION BID NO. DATE OF OPENING IRC #144 1 Au ust 20, 1982 BID TITLE PAVEMENT STRIPPER ITE NOM DESCRIPTIO 1. Pavement Stripper i 51 rhe -r'641 mi'pm DISCUSSION RE SCHEDULING OF PUBLIC HEARINGS Attorney Brandenburg informed the Board that staff is running into a large lag time and a troublesome administrative process when it is necessary to put an item on the agenda to ask the Board to consider authorizing a public hearing. He noted there are some 23,franchises that the Board will be considering in the future, and this adds an additional two to three weeks lag time for each. Attorney Brandenburg felt it is a waste of time to take the Board's time to consider granting a request for a public hearing, and staff would like to be able to schedule these themselves with the help of the Commission's secretary. He further noted that he would like to be allowed to follow the same procedure on an individual's request to appeal a site plan. Chairman Scurlock believed that everyone has a right to a public hearing in any event. Commissioner Lyons stated that the only amendment he would make to the Attorney's suggestion is that the 99 UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PF 1 Each Al �7 01 fib' 7o;}o, �dI Go Gv a a mi'pm DISCUSSION RE SCHEDULING OF PUBLIC HEARINGS Attorney Brandenburg informed the Board that staff is running into a large lag time and a troublesome administrative process when it is necessary to put an item on the agenda to ask the Board to consider authorizing a public hearing. He noted there are some 23,franchises that the Board will be considering in the future, and this adds an additional two to three weeks lag time for each. Attorney Brandenburg felt it is a waste of time to take the Board's time to consider granting a request for a public hearing, and staff would like to be able to schedule these themselves with the help of the Commission's secretary. He further noted that he would like to be allowed to follow the same procedure on an individual's request to appeal a site plan. Chairman Scurlock believed that everyone has a right to a public hearing in any event. Commissioner Lyons stated that the only amendment he would make to the Attorney's suggestion is that the 99 Secretary to the County Commission approve the date because she sets the agenda. Attorney Brandenburg confirmed that they will work with the Board Secretary on this. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Commission unani- mously authorized staff to set public hearings in the future without having to request formal permission from the Board. REPLACEMENTS ON TRANSPORTATION PLANNING COMMITTEE ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Fletcher, the Board unani- mously appointed Richard Bolinger to serve as a replacement for Gary Lindsey on the Transportation Planning Committee and appointed Pearl Jackson to replace Fred Plair. Commissioner Wodtke commented on a notice that the City was going to put up "No Parking" signs on -26th Street. He noted that area is owned by Indian River Farms Drainage District, and they have searched back into the early 501s and have found no agreement with the City. He believed there is valuable space back there that could be utilized for parking space for the Administration Building; although, possibly we would have to have angle parking. It was felt this should be referred to the Transportation Planning Committee. Commissioner Lyons noted that when we bring Civil Defense into the County Administration Building, that is one more set of people, and on the site plan for this building, 100 oaox 5,1 FoE.642 OCT 6198 OCT 6198 arr. 51 na 643 we agreed to reserve some of the space by the warehouse for parking space. This matter also will be placed on the Transportation Planning Committee agenda. BEACH RESTORATION AND PRESERVATION COMMITTEE Commissioner Wodtke informed the Board that the bus trip to visit Cape Canaveral and Indian Harbor beach renour- ishment projects has been rescheduled to October 28th. Chairman Scurlock commented that the Vero Beach City Council has requested that Commissioner Fletcher attend, and Commissioner Wodtke urged that he attend also. Commissioner Fletcher felt one thing that should be considered is that he has extensive experience in marine construction, and his father had a dredge boat working during the war. He stated that it is not that he is standing off from this, but he has a priority in his own time. ON MOTION by Commissioner Bird, SECONDED by Commissioner Fletcher, the Board unani- mously extended the meeting to 5:30 P.M. METHOD OF PAYMENT OF FEES AT LANDFILL The Board reviewed the following figures showing average monthly bills of various Landfill customers: 101 O City of Vero Beach C3 City of Vero Beach 5-03-82 School Board 14,422.79 Indian River County CID Road & Bridge C Indian River County 5.,495.66 School Board 836.30 Refuse Department 1,472.74 Indian River County 653.13 Parks -- Rural Sanitation 445.41 Harris Sanitation 10,224.98 Hercules Inc. 10,431.22 Sawmill 10,201.75 Piper Aircraft 0 36.92 n' Trodglen 8-31-82 City of Vero Beach R Road & Bridge 5-03-82 School Board 14,422.79 13,308.44 14,441.67 Refuse 16,596.27 IRC Parks 5.,495.66 2,06.9.49 836.30 3;242.51 1,472.74 600.63 8-31-82 7-31-82 6-30-82 5-31-82- - 5-03-82 4-03-82 14,422.79 13,308.44 14,441.67 13,994.66 16,596.27 17,756.92 5.,495.66 2,06.9.49 836.30 3;242.51 1,472.74 600.63 653.13 245.44 425.84 529.79 445.41 756.04 10,224.98 9,805.39 10,431.22 9,,735.96 10,201.75 9,977.94 44.70 36.92 48.40 29.09 64.78 60.51 10,083.52 10,148.89 11,154.11*' 10,361.47 11,288.96 12,573.40 •2,156.10 2,146.86 1,272.41 2,240.01 2,570.01 2,910.88 504.10 517.18 488.19 452.37 467.99 289.01 418.66 2,160.84 270.65 1,148.13. 1,064.91 1,103.31 346.81 363.35 192.20 586.65 829.24 791.96 2,879.55 2,727.57 7,860.37 2,160.35 1,498.34 302.41 APPROXIMATE MONTHLY AVERAGES 15,205.69 2,286.22 509.27 10,062.87 47.40 Rural Sanitation Harris Sanitation Hercules, Inc. Sawmill Piper Aircraft Trodglen 10,935.05 2,216.04 453.14 1,027.75 518.36 2,904.76 1 1 Chairman Scurlock noted that it has been suggested that no credit be extended, and Administrator Wright stated that he would like to expand that for the customers to be able to post some kind of payment bond. Rex Haley, Landfill Manager, commented that they presently are required to post up to $500.00, but that is not sufficient. Discussion followed as to the interpretation of the word "credit," and Administrator Wright stated that we are in essence allowing large customers to be billed and what we are asking for is a deposit to cover us if Harris Sanita- tion, for instance, should happen -to go out of business. Chairman Scurlock noted that either the driver will have to have money every time they visit the Landfill or they will have to put up a cash bond. Don Snoke, Director of Public Works, City of Vero Beach, informed the Board that it will present a hardship on the City to furnish about $500 a day so their drivers can get in the gate at the Landfill. Administrator Wright suggested that we,waive government agencies. Commissioner Bird realized we had a problem with non payment of $3,000 but wished to know if we really have a serious problem. Mr. Haley reported that in the last three or four months he has spent two to three days a month contacting people trying to keep these accounts current, and the situation is not getting any better. Administrator Wright believed posting of a bond to guarantee payment would not be very expensive. Commissioner Lyons left the meeting at 5:30 P.M. Mr. Harris of Harris Sanitation informed the Board that Harris Sanitation does not want to have to supply their drivers the cash required to get in the gate, and supplying 103 blank checks would also present a problem. He felt the practical answer is to have the bond. Commissioner Bird asked if we have a problem on legal -ground if we differentiate between governing agencies and private individuals. Attorney Brandenburg stated we would not. He noted that we know governments agencies have budgeted for this during the year and have a fund. Commissioner Wodtke asked about billing on the 15th and 30th of the month, and the Administrator felt that would present twice the problem and no more money. He recommended either a cash bond or some type of performance bond at 1.2 times the average monthly bill or let Mr. Haley estimate for non-governmental agencies. Governmental agencies such as the City, the School Board, etc., would be exempt. MOTION -WAS MADE by Commissioner Bird, SECONDED by. Commissioner Fletcher, to accept the recommenda- tion of staff for a bond equivalent to 1.2 times the average monthly bill; government agencies to be exempt from this requirement.. Discussion followed on details as to the method of determining an average bill, etc., and question arose about problems with franchise people paying bills. Mr: Haley said there has been no problem with that since the transfer of Indian River Sanitation to Harris Sanitation. He then talked about problems with the Harris people altering tickets. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3 to 1, Commissioner Wodtke voting in opposition, and Commissioner Lyons having left the meeting. 104 5,1 646 0 C 6 1982 OCT s 1982' 51 � ���� 6 : CONTINUE DISCUSSION RE PURCHASE OF TAPE RECORDER BY JUDGE STIKELETHER Attorney Brandenburg asked if this purchase couldn't carry over to next year's budget, and Commissioner Bird commented that he previously made a Motion to go ahead and pay the bill since we have to pay it in any event. Chairman Scurlock felt we needed to get the message across that you must follow certain procedures. Commissioner Wodtke noted that the problem was that we did not know where the machine was or what the invoices represented, but we now have received that information. ON MOTION MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, Commissioner Lyons having left the meeting, the Board by a 3 to 1 vote, approved payment out of last year's budget of the bills for the tape recording equipment purchased by Judge Stikelether, upon the equipment being located and property number placed on it. EMERGENCY MEDICAL SERVICES COMMITTEE Commissioner Fletcher reported that the Emergency Medical Services Committee has requested that the Civil Defense Director be added as a member of their committee. Commissioner Fletcher further noted that Dr. Fraser made this request, and the doctor has said that for $10,000 he would be willing to serve as a director and to put together a County program. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board by a 4 to 0 vote, Commissioner Lyons having left the meeting, agreed to add the Civil Defense Director as a member of the Emergency Medical Services Committee. 105 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. 81930 - 82317 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 5:50 o'clock P.M. Attest: Clerk 0 OCT 61982 106 Chairman