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HomeMy WebLinkAbout10/20/1982Wednesday, October 20, 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 20, 1982, at 8:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Patrick B. Lyons; and William C. Wodtke, Jr. Dick Bird was on vacation. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; L. S. "Tommy" Thomas, Community Services Director; and Virginia Hargreaves and Janice Caldwell, Deputy Clerks. -The Chairman called the meeting to order. The Reverend James Newsome, First Baptist Church, gave the invocation, and Chairman Scurlock led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of August 25, 1982. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously - approved the Minutes of the Special Meeting of August 25, 1982, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of September 8, 1982. OCT 2 0 1982 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously I 51 PACE 649 r OCT 2 01982 +: rA approved the Minutes of the Special Meeting of September 8, 1982, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of September 13, 1982. Commissioner Lyons inquired if someone had checked to see if the correct numbers were used for the millage and the - budget. Finance Director Barton affirmed that they were reviewed. Commissioner Lyons inquired -as to the status of the question. that Mrs. Hunter of Gifford asked the Board recently in regard to her street. Administrator Wright responded that they looked into the matter and felt Mrs. Hunter did not have a problem; and they are still attempting to get in touch with her. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the minutes of the Special Meeting of September 13, 1982, as written. 2_ a � � CLERK TO THE BOARD A. Approval of Budget Amendment - 8th Street Project The Board reviewed the following memorandum: C. Board of County Commissioners r October 8, 1982 From. Jeffrey K. Barton, Finance Director Subject: 8th Street Construction Project The following budget amendment is necessary to re-establish a budget for the 8th Street Extension Construction Project: Account Title Account No. Increase Decrease 2nd Gas Tax (6070 306-000-335-42.00 80,000 Cash Fwd. Oct. 1 306-000-389-40000 30,000 Other Prof. Svcs. 306-214-541-33.19 30,000 Other Contr. Svc. 306-214-541-33.49 5 80,000 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the Budget Amendment for the 8th Street Construction Project, as recommended by Finance Director Barton, in his memorandum' of -October 8, 1982. OCT 2 0 1982 0 CT 2 01992 B. Annual Report - Clerk of the Circuit Court The Board reviewed the following report: Name—Freda Wr i oht Office of—Clerk of Circuit—Court OFFICE OF Cs: %%ROLLER STATE OF FLORIDA ANNUAL REPORT For Year Ended September 30, 19 82 (section 116.0 3 ,218.3 6 Florida statutes) 51 ni" C. U�. --Indian ircuitCourt--Indian River -- __N_—Countv RECEIPTS Account Number Received from Indian River - - - — County EXPENDITURES Account Number Budget Balance 101 Salary of Official 502 - Other Salaries 302 Expenses other than Salaries 400. Capital outlay _. Contingencies Total Budgetary expenditures 604 Refund to County TOTAL Actual Receipts From County $1,038,600.00 Final Budget Actual.' Ex�nditures Budget Balance S 3M86.00 — 5- 33 , 986 G'D-__:_ 3-0- :0-_44.0.1.6240_-- A4.:624.9____ 1324,23CI.0�_ 20253 _95 _ A5JQ_8..�0____-_ -.6 qiZ_ :_ 1-2890 _85 'I ZIL 00� --!0,823.05 _ XXXXXXXYXXXq. _ x(9,593_(T5)_ 1,D. ,.Z$6���-N __- 1 � 6, 5�6 •• - s__ 28,829-75 xxxxxxxxxxxxxxxxxx 1,643.75 S t=gb 78si=DR=== 5IMOD _0_Q I do solemnly swear that the foregoing is true, correct, and compjete report of all receipts and expenditures of my office for the year ending the 30th day of September. 19$Z Sworn to and subscribed before me this _ 13thday o✓ of October 19 82 C 1 erk of Circuit, sou rte - -- Office of __Q.2r________________ .Ln ian Riv—er ___ County - - - - - - - - - - - - - - - - This report should be submitted to the Board of County Commissioners, with a copy to the Department of Banking and Finance on or before OCTOBER 15th of each year. GERALbi LEWIS =- COMPTROLLER OF FLORIDA MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Fletcher, that The Board accept the Annual Report for year ended September 30, 1982 from the Clerk of the Circuit Court, for the record. REQUEST BY JUDGE STIKELETHER TO ADDRESS COMMISSIONERS Judge Stikelether distributed the following information to the Board: ART T. PELU�rA NM.D.. P.A.V0 A' , O'NDISTPUUTION LISar `�AWnmissiorersDIPLQNATE.AME);,tBL ;°o ��rrat®rt I ✓ N �� �'�- c� Attorney PARKWAY MEDICAL PLAZA ( siSjOC� '��.l` 3713 -JG. �N'SOrrSTREET 16800 N.W. 2N0 AVE.. SUITE 301 (`a iL LL -. Personnel MOLLY WOOD. F-ORIDA 330? 1 N. MIAMI BEACH. FLA. 33169 �/1j (3051 98 �/ PMONE: 9-739 P ` Public WorkELE TELEPHONE: (3051 682-1068 �� [ ti <`r��' Community Dev. Utilities September 29, 1982 Finance _ Other Chairman and Members Board of County Commissioners Indian River County Vero Beach, Florida 32960 Re: Judge -Graham Stikelether and Ms..Georgene.Edwards Dear Mr. Scarlock: '"his is to advise you that Judge Stikelether and Ms. Edwards should not be askett to return to the Vero Beach County Courthouse at this time. .On several occasions since the original remodeling of the courthouse, these people have attempted to*,return to their work within the courthouse, and each time experienced multiple system symptoms. It should be emphasized that these patients are very sensitive to formaldehyde, and it: is the experience of clinical ecologists that suca patients are likely to react with increased degree of symptgms if they are reexposed to the same substance which originally resulted in these symptoms. As a matter of fact, once sensitized, such individuals may have even severe reactions to formaldehyde levels below -.0.:05 parts par million, which is the odor threshold. It is not practical to use standard tables of symptoms on this group of people. Persons with formaldehyde sensitivity are often likely to develop other chemical sensitivities, and should be treated as a high risk group. Continu d exposures may result -Ln wi-desprecid !_, emical susceptibility even in some people who previously -had been symptk,= free. In addition to the s<1ra? toms of %-,hich these •people have already complained, lit is possi:le thAat there may be a risk of further health problFns developing as a result of -continued exposure to formaldehyde I would strongly recommend therefore, that Judge Stikelether and T4s. Edwards continue to conduct their professional work outside any area which poses a risk to their health. It.is well documented that repeated attempts to work in the courthouse have -resulted in marked recurrence of many symptoms. Unfortunately, an analysis of this situation indicates the fact that on rePeated attempts to renovate the courthouse, the materials used in the renovation, or .n the painting, have been capable of out -gassing various chemical zompouzds, including for.-naldehyde, and the substances released from volatile paint fumes. The more Judge Stikelether and his. Edwards are asked to be exposed to these multiple substances, the more possibility there is they may develop crsonic-at times severe symptoms, which may be .permanent. 5 1 PA'OE 653 0 CT 2 0 1982 OCT 2 01982 A s I stated above, individuals who react to some chemicals, including formaldehyde, develop multiple sensitivities to other substances in the environment, which.may make it progressively more difficult for these people to exist in their -present environment. Cordially yours, Hobart T� Feldman, M.D. HOBART T. FELDMAN. M.D.. P.A. DIPLOMATE. AMERICAN BOARD OF ALLERGY @ IMMUNOLOGY PARKWAY MEDICAL PLAZA _ 3114 JOHNSON STREET 16800 N.W. 2ND AVE.. SUITE 301 HOLLYWOOD. FLORIDA 33011 N. MIAMI BEACH. FLA. 33160 TELEPHONE; (3051989-7314 TELEPHONE: 13o61 68a• 106a Curriculum Vitae Hobart T. Feldman, M.D. Practice'Limited to Allergy, Clinioal Ecology, and Environmental Medicine Birth Date: 8/31/21 (Manchester, New Hampshire) Education: University of Pittsburgh (B.S. 1943) University of Pittsburgh School of Medicine (M.D. 1946) Internship - Allentown Hospital, Allentown, PA. (1946-47) Medical officer, united States Army, Medical Corps 1947-49 Residency Training: Sea View Hospital, Staten Island, New York. Pediatric Allergy (1949-50) Children's Hospital, Washington, D.C. (1950-51) Private -Practice of Pediatrics and Pediatric Allergy, Allentown, Pa. (1951-61) Private Practice - Pediatrics and Pediatric Allergy, Miami Beach, Fla. (19.61-63) Private.Practice - Child and Adult Allergy exclusively,. N: Miami Beach and Hollywood, Fla. (1963 --present) Medical Specialty Certification: American Board of Pediatrics - 1963 - Diplomate American Board of Allergy and Immunology -.1975 - Diplomats Pan American Medical Association'- 1973 - Diplomats. Membership in following medical organizations: American Academy of Allergy, American College of Allergists, American Association for Clinical Immunology and Allergy, Pan-American Medical Association, Florida Allergy Society, American Association of Certified All-trgists, Florida Medical Association, Dade County Medical Association, American Medical Association, The American Socisty of Opthmologic and ,Otolaryngologic Allergy. President -,The Society for Clinical Ecology 1976-1977 Research Consultant - Professor (Courtesy) - Drinking Water Quality.- Research Center of -Florida International university, North Miami, Florida Guest:.Lecturer, on Environment and Allergy: Broward Community Collegef Barry College North' Dade. Dental Society Brevard Community College "Private schools" for exceptional children — Hyperactivity and•Learning Disability due to food and chemical allergy Many citizen environment groups P.T.A. guest speaker Sandy Payton talk shows. Frequent guest. (WIOD) Publications: "The Role Of an Antihistamine in the Tuberculin Reaction" - Bulletin of the Seaview hospital, 1951 "Lead Poisoning - Salient Features in Diagnosis and Treatment" - Clinical Proceedings of Children's Hospital, Washington, D.C. 1952 OCT 20 1982 ' 51 PoEs55 OCT 2 01982 51 E to 65 Papers recently presented currently being prepared for submission for publication: "Treatment Failures in the Practice of Allergy" (presented to the annual meeting of the Society for Clinical Ecology - Denver, Colorado 1974) "The Dilemia of the IPracticing Allergist" (presented to the annual meeting of the Society for Clinical Ecology, Toronto, Canada 1975) "Unusual Reactions to Phenol and Glycerine" (presented -to Society for Clinical Ecology, Toronto, Canada, 1975) "Unusual Reactions to Foods and Food Coloring- Case Reports" (Society for Clinical Ecology, Toronto, 1975) "The Use of.Psychological Performance Tests during Allergy Testing", American College of Allergists, April 1978,.Las Vegas 13 "The Use of Symbol Digit Modality Test during Allergy Skin Testing", Faculty Lecturer, University of Miami Post -Graduate Seminar on Food and Chemical Hypersensitivity, Mobile, Alabama May 1978 and November 1978, Miami, Fla. Faculty Lecturer, University of Miami Post Graduate Seminar on Clinical Egplogy, Miami Beach, Fla., Jan. 1979 Guest Lecturer - University of Wisconsin in Milwaukee - Seminar on -Behavioral Alterations Caused By Chemicals, Foods and Environemnt, April 1980 Behavioral Changes due to Fluoride - J. Applied Psychology, May 1982 Dr. Hobart Feldman approached the Board and related that he had once been a City Councilman in North Miami and knew what it was like to try to make honest, fair and reasonable decisions. He advised them that he had confined his practice to allergy, but after hearing about ecologic illness, became interested in that field. Dr. Feldman explained that literature concerning ecologic illness was once difficult to find but now more and more information was appearing in the medical literature and magazines. Dr. Feldman stated that an unknown percentage of people seem to have increased susceptibility to things that do not bother other people. He added that it was similar to persons who were allergic to ragweed, house dust, dog hair, or to certain foods. Those particular_ people are allergic to those substances and would have symptoms, when people sitting right next to them would not have symptoms at all. Dr. Feldman continued that there was difficulty in attempting to prove the problem, if the analysis is limited to what the patient tells the doctor. Thus, there is a problem in accepting the premises of environmentally induced allergy in patients where the amount of exposure may not exceed the safe limit amount. He noted it was interesting that the government regulatory agencies have three different maximum limits of formaldehyde; there is not any unanimity of opinion as to what would appear to be a safe dose or amount of exposure. Dr. Feldman gave an example of a person having a splitting headache, which nobody could see, but that did not mean the person did not have the headache. This is the dilemma that people face when they are trying to make some sense of an illness such as Judge Stikelether and Mrs. Edwards have. He pointed out that he had other patients with this illness, and the substances capable of inducing variable symptoms- are not limited to formaldehyde and OCT 20 1982 91 rb.�7 �n� OCT 2 01982. 6 cigarette smoke, but could include anything that has an odor, or out -gases - anything that is volatile. Dr. Feldman added that we all could relate to the problem that people have being around melaleuca - it was not the pollen, but the odor of the blossoms that bother people. He added that this included changes in personality, temperament, disposition, mood, the ability to perform a certain task, as well as the ability to concentrate. Yet, those are things you cannot see. Dr. Feldman commented that when you see someone sneezing, blowing his nose and rubbing his eyes, you know he is reacting, as there is something to see that you can believe. In_the cases being considered today for the Judge and his.Judicial Assistant, the symptoms, for the most part, are not things that can be seen. Dr. Feldman noticed today that the Judge was not "with it." Before coming to the meeting, they were having a discussion at his office in the Welfare Building; `the Judge had a reaction to the photocopy paper of the Doctor's curriculum vitae. The Doctor detected -confusion and slurred speech by the Judge, and a neurologist would say that the person was Ihaving a stroke, but it was from inhaling the fumes from the photocopy paper. Dr. Feldman asked to see the room where the Judge would conduct court and he smelled paint as he approached the second floor; the Judge advised that the painting had been done a month ago. The Doctor noticed an ashtray on the table in the deposition room but there was not one fan in the room for venillation. He continued that there was no way that anybody could sit in the closed block cube-' cell-like arrangement of the room and not be exposed to the odors that would permeate the air from the cigarette smoke, perfume, hair spray, and aftershave lotion. Dr. Feldman pointed out that ventilation was an intricate part of handling a patient who was sensitive to so many odors, which could arise from carpeting, draperies, wallpaper, and varnishes. He then asked the Board if they had specific questions. The Chairman was curious as to the percentage of people "that suffer from extreme sensitivity to a variety of elements found in the atmosphere. Dr. Feldman explained at length that he attended a meeting where the allergists all had different interpretations of this particular question. He would guess, roughly, that approximately 20% to 300 of the people have severe allergic tendencies. The Chairman stated that he was referring to the people that were so super -sensitive that just about anything would cause them to react. Dr. Feldman stated that he just did not know the answer. He also affirmed that it was difficult to analyze symptoms that could be seen and that the doctor would be limited with what the patient told him. Dr. Feldman felt that in the Judge's case, one could see changes in .his attitude, behavior, speech, and in his ability to convey a certain fact; although some of these things were very subtle. The Chairman commented that anything that is volatile could possibly create a reaction with certain individuals. Dr. Feldman responded affirmatively. The Chairman stated that there was no consensus of opinion in terms of a safe level of formaldehyde. Dr. Feldman responded that several federal regulatory agencies could not seem to agree on a safe level. Commissioner Wodtke asked if Dr. Feldman had a recommendation as to an atmosphere in which the Judge could conduct court. Dr. Feldman felt he could recommend, for everyone's sake, that windows be installed in the courtroom in order for air to be moved for ventilation. He felt by doing OCT, 2 0 1982 11 1 PA 659 OCT 2 01982 I this, the better the chances were that the Judge would be able to tolerate the atmosphere. Dr. Feldman thought that in the middle of the summer, it would be too hot. He felt it was too bad that the very place that the Judge had to work was the worst place, environmentally. Something had to be done to ventilate the Courtroom adequately and move the air through. Dr. Feldman pointed out that the biggest problem they face today was in trying to counter the bad effects of - "•energy efficient buildings where there are no windows. He spoke of environmental engineers, whose names he could furnish to the Board, that were very familiar with ecologic illness. Commissioner Wodtke noted that the railroad tracks nearby were noisy and would interfere with the recording system. He referred to a device that the space program used for the astronauts in coping with their formaldehyde problems. Dr. Feldman noted that he was not familiar with this device, but possibly there was one that the Board could investigate. He thought of the number of people who would have to sit in the deposition room and also suffer, in a subtle way, from the same illness as the Judge. Dr. Feldman thought how difficult it would be for them to enunciate or express themselves and to make a case of something for the jury while being irritable, sleepy, and falling down, etc. He felt it would be a step in the right direction to investigate the possibility of such a device to remove formaldehyde from the area. Chairman Scurlock expressed concern over the phrases being used, such as "chances are" and "probably" when discussing individuals who are super -sensitive. He realized that Judge• Stikelether had suffered symptoms and had problems, but could the Board come up with a reasonable M s M 12 M M M solution that was economically feasible - that was the question. Dr. Feldman suggested that in the Board's deliberations 'as to rectifying the problems that exist now, they should consider that if it were not the Judge having problems, sooner or later it would be somebody else. He recommended that they do everything possible to make the environment satisfactory for everybody which could include window remodeling and providing for adequate ventilation - also not permitting cigarette smoking in the building. Dr. Feldman felt that depending on how adequately the Board ventilated the building, there was the possibility that the Judge could function in an acceptable way in the courtroom environment. Chairman Scurlock interjected that a number of 4 improvements have already been donelbut again, this has never demonstrated a relief of the problem. Dr. Feldman commented that other things may still be present. Commissioner Lyons asked if Dr. Feldman felt just one chemical was really the problem. Dr._.Feldman responded that he did not think it was one chemical, but more than one. Commissioner Lyons wondered if the total environment was the thing that was really important as far as the person was concerned. At certain times of the year when' there are heavy pollen counts, Commissioner Lyons commented that he would rather be inside than out. He added that there are high odors from orange blossoms, melaleucas, and other weeds. Commissioner Lyons wondered if we would jump from the frying pan into the fire by simply deciding to use total outside air for ventilation. This could create another problem, he noted. Dr. Feldman did not think they could do anything but improve the problem as far as what -he knew about ventilation 0 CT 2 01982 ICK WE Or"Ord BOOK , OCT 2 0 1982 - in indoor areas. He again -referred to the conference that he recently attended where this subject was discussed. He did not feel the Board would be spinning its wheels - it might turn out that because of the Judge's increased sensitivity to so many other things that he still might have some problems. Dr. Feldman added that there was a good chance he was going to have fewer problems and may be able to function in an acceptable way to the Board and himself, if the room was ventilated properly and certain safeguards were made regarding the permitting of smoking. The Doctor stated that sensitive people react to such things as perfumes, hairsprays, automobile- exhaust fumes, -gasoline, charcoal barbeque odors, department store odors, clothing, and fabrics. Dr. Feldman thought that the longer the Judge was away from intense concentrations of substances, the more likely it was that he could tolerate being in the environment that would be provided with changes in the ventilation system. He might be able to find his way back into the mainstream of life. The Doctor again encouraged the Board contacting an environmentally -oriented ecologic engineer. The Chairman felt there was very little the Board could do to adjust the external environment that the Judge had to encounter in day-to-day living. He added it seemed if this great sensitivity existed and the symptoms were present, they could certainly be provided prior to entering the courtroom, and therefore, render the Judge somewhat ineffective. Dr. Feldman agreed about not having control over the outside environment, and many people find they have to go inside when bothered with hay -fever. He pointed out that when a person develops an increased susceptibility, he is set up to react to other things that did not previously bother him. The Doctor stated that once the total load of W. OP chemical exposures were taken away, it was likely the Judge would be able to tolerate reasonable amounts of some things that seem to bother him at present. The Chairman referred to Dr. Feldman's indication that by removing one from the environment and putting the person in a more pristine atmosphere, in a year or two, possibly, that individual could return to a more normal reaction to those substances. Dr. Feldman stated that when everything was done that could be done and the symptoms are still present, in order for the individual to live a comfortable life, the only recourse that individual has would be to separate himself from the mainstream way of living; stay at home, not go out shopping, to the theater, or a restaurant, etc. He advised that he had a dozen patients that did fall into that category. He then quoted Hippocrates that "the best way to treat a symptom is to avoid it." Commissioner Fletcher inquired if Dr. Feldman had visited the Judge's current environment. Dr. Feldman responded that he had visited the Judge at his offices twice. He reported that the Judge and Mrs. Edwards seem to tolerate conducting their business in the Welfare Building better than they tolerated being in the courthouse under the present conditions. He added that the Judge was avoiding many things and now he is capable, to some degree, to be in contact of certain things that caused serious reactions previously. Commissioner Fletcher asked if the Judge and his Judicial Assistant had been given the Psychological Performance Test During Allergy Testing that Dr. Feldman had published? Dr. Feldman responded negatively. He added that the Judge and Mrs. Edwards are currently taking allergy medication that he had prescribed. OCT 20 1982 x .51 NEW OCT -20 1982 x 51. KL M Commissioner Fletcher asked the Doctor to define "psychosomatic." Dr. Feldman explained that an individual may have somatic symptoms, that is, a pain in the arm or a stomachache. A headache or a backache, due to circumstances that cannot be proven to have an organic background, is convenient to say that it must be psychosomatic. Commissioner Fletcher inquired if the Doctor had any experience dealing with ecological patients that were of the psychosomatic type. Dr. Feldman responded that he used to be of the opinion that the symptoms of people could -be categorized,'but he has been more informed about clinical ecological problems and he does now think that in some of the cases where he thought the problem was psychosamatic, he was really not giving the patient enough credit. He was sure there were some patients that had psychosomatic illnesses but he did not know the percentage. Commissioner Lyons asked if he felt the courthouse was the full cause of the Judge's sensitivity. Dr. Feldman commented that from the history that Judge Stikelether presented, he reported that he had been perfectly healthy,with no symptoms, until after the exposure to the asphalt tar problem on the roof. When the workmen tarred or covered over the exhaust vents and permitted only the intake vent to be open, it was situated right next to the tar. The Chairman referred to Dr. Feldman's statement that one of the biggest problems with diagnosing was that the doctor was limited to what the patient told him. He felt he was relying on something that was difficult to prove - being limited to what the patient related. Dr. Feldman interjected that it was also what the doctor could see. - M, 1 Commissioner Lyons spoke of renovating the building that the Judge now occupied, which he felt would stir up the dust. Also, put in new filters; in essence, create a different environment. He wondered what kind of<a guarantee the Board would have that after the renovation was completed, it would not be right back to the same situation. Dr. Feldman felt that was a very good question. He stated that the Judge was a valuable member of the community and it would be nice to permit him to get back into the work that he had been doing so well. The Doctor felt there were problems in the Welfare Building as it is old and moldy, and the floor is on ground level. For an individual who was unfortunate enough to be allergic to not just chemicals, but also pollen, dust, and mildew molds, he believed this would be more of a problem than the courthouse. Commissioner Wodtke discussed medication Dr. Feldman was prescribing for the allergies, and the fact that the Judge was in a position, while working, not to have the ability to walk out to avoid a room full of smoke or other sensitivities. He inquired if the Doctor had- done everything possible for the Judge regarding medication. Dr. Feldman felt there was probably room to consider some courses of medication that the Judge had not yet had. His philosophy was that the source of the trouble should be removed instead of taking drugs. Lengthy discussion ensued regarding smoking in the courtroom and in the courthouse. Dr. Feldman stated that with Judge Stikelether and Mrs. Edwards, their symptoms are aggravated on exposure to smoke. Chairman Scurlock inquired if the Judge smoked. Dr. Feldman responded that as far as he knew, the Judge smoked at times. Commissioner Wodtke suggested creating a special type of an atmosphere within the confinement of the courthouse, OCT 2 0 1982 Ato 51 %E6.65 3-7 - OCT 2 01992 x GE f specially controlled with special air that would specifically address their ultra -sensitive conditions, and not require having to renovate the entire two floor situation. Dr. Feldman commented it would be nice if it would work - anything that would be done to filter and purify the air. He suggested moving the chambers that Judge Stikelether was in and move that court to another part of the building where there were windows. Dr.. Feldman again suggested that he could refer the Board to a competent, good environmental engineer to assist in this problem. Commissioner Fletcher asked the Doctor what he would do if he were -on the Board. Dr. Feldman stated first of all, he would ask himself if he liked the job that the person was doing or if he was looking for a reason to get rid of that person. Commissioner Wodtke interjected that there was no question that the Judge was doing an excellent job and he would like very much to provide him with adequate space. Dr. Feldman stated he did not intend to make this sound like an implication. He continued that it was very rare that this was just going to be the Judge and his Judicial Assistant benefiting from all of this - everybody in this room will certainly benefit from cleaner air. He then spoke of the benefits of not permitting smoking in public buildings - it was something the Board could do which would not cost a cent. Dr. Feldman also suggested using odorless cleansers, as some pine scents cause people to have violent reactions. He mentioned other substances such as certain vinyls, plastics, tiles, glues, and wallpaper. Administrator Wright pointed out that 25% or 30% of the Judge's time was spent working in this environment. Even if they could create a pristine environment, the Administrator wondered if he would still be able to function. M M M Dr. Feldman felt the Judge, very likely, could function and gradually improve his situation - certainly 30% was significant. He predicted that improving the ventilation would help in the overall picture, and make it possible for the Judge to work in the courtroom, providing no smoking signs are put up. Chairman Scurlock thought, to start off with, the Judge would have to stop smoking. He then thanked Dr. Feldman for his testimony and information. Judge Stikelether approached the Board and stated he was unable to set court dates for the first day of November. He wondered if the Board planned to address that situation today. He added that the Sheriff's Department had been extremely helpful and had provided some space for him in the recreation room at the -jail in order for the Judge to hold his 1:3.0 P.M. court. Commissioner Fletcher inquired how the environment in the Commission Chambers effected the Judge today. The Judge advised the Board that he had neutralized himself this morning, by way of shots containing the medication.;. and inhalants that Dr. Feldman prescribed, prior to coming into the Chambers. He added that. he had taken the necessary sublingual medication before that to reinforce himself to come -into the Chambers. Commissioner Lyons asked if the new carpeting in the recreation room bothered the Judge. The Judge stated that he did not notice it. He was bothered by the paint odor at the jail several weeks ago and had to be driven home. Commissioner Lyons asked the Judge if his courtroom could be used for the fourth courtoom for this next year if the Board provided space on the outside for him. The Judge stated, that it could be used as the major courtoom because it was used for that bemire. 0 CT 2 01982 11 29 51, rn'E 667 0 CT 2 01982 k Commissioner Lyons added that the Board could delay the building of the fourth courtroom over a longer period of time if they were to provide space for the Judge - the economics might be there, too. Referring to the problem of where the Judge will hold court, he thought the Board should ask the Finance Department to come back with the necessary budget changes to allocate funds necessary to secure space for the Judge for 60 to 90 days. Administrator Wright felt that before money was allocated, perhaps the Judge could tell us where he could work. The Judge responded that he had been using theAmerican Legion Hall primarily the last month or so. Lengthy discussion followed about the fourth courtroom and finding outside space for the Judge. Commissioner Fletcher affirmed that, according to the Statutes, it was the Board's responsibility to provide the Judge with space to hold court. Judge Stikelether stated that the only problem he could foresee was in spraying with pesticides foo pest control - possibly the area could be ventilated properly for a few days prior to moving in. He was also asking the public in general to cooperate by not wearing perfumes, aftershave lotions, hairsprays, aerosols - things that contain the chemicals to which they have become so sensitized. Commissioner Fletcher commented that Judge Stikelether was a very good judge. He then spoke of the communications problem that was present, and hoped it might improve. Judge Stikelether assured him that it would. He then reviewed the situation with Finance Officer Barton and the budget. He then spoke of the problem he had in trying to get in touch with Mr. Barton, the employees thinking that he was angry, etc. The Judge assured the Board that he would assist in any way possible, but he felt the citizens have M M been fed trash and would like to be allowed time at some of the future meetings to try to set the record straight. This way, he felt, the citizens would realize that the Judge or 'Mrs. Edwards were not the problem, nor was it confined to the area that was his courtroom and office space. Commissioner Fletcher asked how much it would cost for the Judge to finish his two year term. The Judge responded that he did not have to retire until he was seventy, God willing, and that the people still want him until that time comes. The Judge continued that he was not priceless or invaluable; he could be replaced. He felt it was interesting that Mr. Barton was taking an $845 recorder and charging him $1,200 for it. Also, that they failed to,mention to the Press that in his budget, he had turned back to the County in excess of $10,000 last year. The Judge stated that perhaps it might be the best thing that there be another judge - he was not saying that he was going to step down, no way would he say that as he had never quit anything in his life. Judge Stikelether felt that if the Board worked with the ecological engineers that Dr. Feldman could recommend, he thought they could give some ballpark figures, not just for Courtroom C or his office, but also Judge Smith's quarters, Courtroom A and B, and the offices on the first floor. Commissioner Fletcher spoke about the communication problem again. He referred to some individuals who work at the courthouse and the administration building who are not perfection.; he has great optomism that they will better themselves through gentle persuasion and observation. He felt until that sort of one-upsmanship or ego thing gets settled down, he did not see the communications' problem improving. 'I Judge Stikelether stated that if Commissioner Fletcher was saying that it was a battle of �e judges against the � OCT 2 0 1982 21. ! 51 FUE OCT 20 1982 x, 51 na670 V County Commission, he was wrong. If he was saying it was one-upsmanship on the part of Judge Stikelether as opposed to the County Commission, he was wrong. The Judge stated he would like to see the Judge and the County Commission, and not versus, in search for truth and find the solution to this problem for everyone's benefit; not just for just himself and Mrs. Edwards, but for the people that work in that environment. Chairman Scurlock commented that we live in a small community and know each other pretty well and he had respected the Judge for a great deal of time. Based on all the information up to this morning, he had intended to tell the Judge to get back into the courtroom as this community could not afford the price of uncertainty in the dollars in order to make an environment safe and sound. The suggestion that a leave of absence would be what is going to bring about a remission in the Judge's condition - that was a hard decision for him to make. After hearing the information today, and reviewing the statistics to indicate the Judge's caseload is about double that of similar county judges, he thought Commissioner Lyons' solution was the only possible one to use and that was to find the Judge some additional quarters for a temporary period of time. The Chairman added that if an additional judge was needed, obviously he could occupy the existing quarters without renovations. The fourth courtroom would be available within the next year or so which would give time for the Judge's conditions to improve; this would give the Board time to plan and research the new courtroom and construct it in a way that was both financially reasonable and meet the Judge's needs. The Chairman was happy other options were made available because it would have been very hard for him to look a man you respect in the eye and tell him he was expected to go back into the courtroom. He added that he would not vote for additional expenditures for that courtroom to be completely renovated over and over, as well as the courthouse, unless something more concrete was presented to him. Chairman -Scurlock stated that he had not heard anything concrete, and the Doctor had indicated that all of his suggestions, in fact, may not effect a total, good situation for the Judge. Judge Stikelether asked if there was any suggestion anywhere that he was not handling his caseload? Chairman Scurlock stated that was not what he had indicated. He indicated that he was doing an absolutely excellent job; there was no problem with his performance. The Chairman had just indicated that with the request for an additional judge, the Board had some documentation that said that other judges have about half Judge Stikelether's caseload. Therefore, there was a vehicle possibly for providing the Judge some additional space, and pursuing an additional judge for the County. Judge Stikelether stated he appreciated what the Chairman had said. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board approve continuing to rent space in the American Legion Hall until a suitable substitute was agreed upon, funding to come from the County Commission Contingency; that the Judge will continue to use the Welfare Building, with no renovations, as his office space; that the Board pursue the matter of getting an additional County Judge -to relieve Judge Stikelether's caseload. Chairman Scurlock indicated he would vote for the Motion only in that it provides that we will seek an OCT 20 1982 23 51 %E671 OCT 2 01982 51 "'RiaC C) ! 2 additional judge for the County based on the caseload that presently exists. Judge'Stikelether reported that he received a call from the Court Administrator asking if he could spare 2h days in December to go to St. Lucie County to help the Circuit Judges out, as they are swamped. So, they have, through the efficiency of his Judicial Assistant, been able to do so. Discussion ensued as to the time limit on the Motion, ..and it was determined that it would go throughout the year, not to exceed a year, or until such time as the Judge could reoccupy the space. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Judge Stikelether thanked the Board and stated that he could assure the Board that as far as he was concerned, it was the Judge AND the County Commission. a PUBLIC HEARING - PAVING PORTIONS OF 14TH AVENUE 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: /� >s �lnd GJC t[lJ ^7 WHEREAS, the County Public Works in the matter o� Department has received a public im. r provemmd petition, signed by more than two. thirds of the owners of property in the an to be speUaHy benefited, ra4aad ag paving amt +ti m drainage improvements to tem Avamra, between 2nd street and 4m street) arm in the Court, was pub- PUBLIC NOTICE 3 PLEASE TAKE NOTICE that the Board of 4 j'? -- lisped i . rtdwspSSikt' i�the issues of �9�a11 County Comminionen of Indian River j�Jr• i County, Florida, will hold a public hearing at f VERO BEACH PRESS -JOURNAL a.m. on Wednesday, October 20, IM In the I Comm,sshmn Chambers located or 1640 25th J�. �ffiint furthe( so the said Vero Beach Press -.1 -mal is a newspaper published at 4er has heretofore Street, Vero Beach, Florida, to consider Published WeeklytiOndf WfoilW rig Pro o as 4ec${nd class'Mail maftdr at the post office in Vero Beach, in said Indian River County, Florida ar�tuHm RESOLVero Beach, Indian River County, Florida Of the total seventy-fivePercent(7S whiat of the twat carr a Bre welch lire the ypd corpora rdi Dunt; rebate, commission or refund for the purpose of securing this adver- A RESOLUTION OF THE BOARD. OF- ...� COUNTY COMMISSIONERS OF INDIAN ��QQ QQ�.,�� t— RIVER COUNTY, FLORIDA, PROVIDING COUNTY OF INDIAN RIVER: FOR CERTAIK PAVING AND DRAINAGE STATE OF FLORIDA IMPROVEMENTS TO 14th AVENUE, BETWEEN IND AND 4TH STREETSi• ned authors personally appeared J. J. Schumann, Jr. who on oath Before the undersigned type y este PROVIDING THE TOTAL ESTIMATED says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published - COST, METHOD OF PAYMENT OF at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIP. (Clerk of the Circuit Indian River County, Florida) TION OF THE AREA SPECIALLY � �` BENEFITED. l a established by tiu Board of County Com /� >s �lnd GJC t[lJ ^7 WHEREAS, the County Public Works in the matter o� Department has received a public im. r provemmd petition, signed by more than two. thirds of the owners of property in the an to be speUaHy benefited, ra4aad ag paving amt +ti m drainage improvements to tem Avamra, between 2nd street and 4m street) arm in the Court, was pub- 3 has been verified Me Pircmmeealss a0d eeRfs� 4 j'? -- lisped i . rtdwspSSikt' i�the issues of �9�a11 ragaof Ordlamnsa el -2T, and dtfaign worst Including j�Jr• i cost estimates has been completed by nye ,• Public Warks Department; and . �• - WHEREAS, the total estimated cost of J�. �ffiint furthe( so the said Vero Beach Press -.1 -mal is a newspaper published at 4er has heretofore WHEREAS, the special It assessment Vn+,ttes Beach, - �o said Indian County, and that the said newspaper be�n�continnrpusly published in said Indian River County; Florida, weekly and has been entered provided hereunder shall for aerie► of as 4ec${nd class'Mail maftdr at the post office in Vero Beach, in said Indian River County, Florida Property a area specially benefited, be In an amountt area +fiy equal at that for +'+���y�edod of orfe.ye3r neirt•.preceeding the first publication of the attached copy of adver- mise,-- affiant further. says that he has neither paid nor promised an rson, firm or Y'Pe Of the total seventy-fivePercent(7S whiat of the twat carr a Bre welch lire the ypd corpora rdi Dunt; rebate, commission or refund for the purpose of securing this adver- protea ch number of lineal feet of road hwilage ow/Nd tisemenI to " m the said newspaper. by the given owner bears to the total numbarof lineal feet of road frmtage within the area ��QQ QQ�.,�� t— Specialty benefited, and shall become dug ami Sworn to and subscribed befor me thi day of A.f7._ payable at the Office of the Tax Collector of . Indlen River County meaty (") days alley the final determination of the special assessment Lness Manager) pursuantto Ordfnanceill-27i and WHEREAS, taWaa River County stun pay ail the remaining twenty-five percent(2s pKpnf) Of the total cost a the project, and WHEREAS, any special assessment trot paid (Clerk of the Circuit Indian River County, Florida) withinsaid ) bow �a CSAL) wi� t a rate established by tiu Board of County Com mhmfOmm at the time of preparation of fit final assessment roil, and shelf be payable in hate (2) equal installments, the first to be made twelve (12) months from the due date and the leeord to be made twenty -for (24) months fromtheduedatetand - _ WHEREAS, after examination of the natara •mm- mildORMG ufaOi of the Proposed tin. provemems, the Board of County Com. missionen has determined that the following described hope" I" shelf receive a direct and spacial benefit from these Improvements, to -wXt - - Lots 1-••16, Black P) Loh 17-22, Bbd( G) as sh"M ml the Plat of Indian River Nei" - Unit 4 Subdivitbn on record In Plat Book a Page 66 of Public Records of Indian Rhrst CO". Florlde, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM. ' MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,astommea, 1. The foregoing rec"ab aro SM in and ratifiedintheireminty. for ProjdtaineAge im�provemethtto l4t n Avenue, between 2nd street and tem street, heretofore _ designated as Public Works Protea No. SM, Is h-Wv approved subject to the totes - outlined above and all applicable regnrireruenh of Ordinance 81.27. The foregoing resolution was offered by Commissiwut — who moved in adoption. The motion was seceded by Commisstaar- -end, upon being put to a vote, the waft was as followal 5 Chairman Don C. Scurlock, Jr. Vice -Chairman A. Orw4w Fletcher Commissi}mer Patrick B, Lyons . Commissioner William C. Wad**. Jr. Camniasimm Dict Bird no Chat— thereupon declared rob reaohttion duty passed and adopted this — dav of Inst. ,.-. Roa^bwemmtytomm)ntanara_ .... Of Indian River Comfy. Florida _ ^• Byt Dan C.Scur)od4Jr. Chairman ." . Attest) •Freda Wright, Garb ` Approved as to form and Legal Sufficiency - BytChris)opherJ. Paull Assistant County Attorney PLEASE TAKE FURTHER NOTICE that at the same Public hearing, the Board of Canty Commis ' sianan shall also hear all interested persomregarding the Proposed assessmanh certain" in the preliminary assessment roll _ for the improvements described in the move ramWtton. The preUminery assessment roll le ' ertRaatty on file with the public Works Department and *Pen for Inspection helesep � file trorrs of e: t0 a.m. and Stell pain.. Me" tMaugh Priddy 1110 person daddas to appeal env drod - rRarft by the Cammisslor with respect to any I taatter rxnnramad at 16blr "M* kswm nand + +oaew0 17Meyrsmwoags, and Rus, ter sea 1 - '0005e, hagww and Is ensure No a van racer!!i Me:w4coadklp Is asft . •' �+�! leclum a dme � had OCT 2 0 19 r25 FhE673 J OCT 201982 51- nil,;F 674 The following memorandum dated September 30, 1982 was reviewed with the Board by Jim Davis: TO: The Honorable Members of ®ATE: September 30,._1982 FILE: the Board of County Commissioners THR•u: Michael Wright, County Administrator FROM: JaTnes• W... Davis, P.Ea ' Public Works Director DESCRIPTIQN AND CONDITION SUBJECT: Public Hearing to .Consider Resolution Providing for the•Paving of Portions of 14th Avenue and 16th Avenue and to Consider Preliminary Assessment Rolls REFERENCES: Valid petitions have been received from at least 66.70 of the properly owners of the following streets 1) 14th Avenue between 2nd and 4th Street (Prelimin4ry Cost $25,118.50) 2) 16th Avenue between 2nd and 4th Street (Prelimiri4ry Cost $25,130.60) Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total costs of both projects is approximately $50.,249.10. There is approximately $100,000 to be set aside in FY 82-83 budgpt;:for Petition Paving Account No. 703-214-541-35.39. Also, advertisement of the Public Hearing and notification to the Property owners has been performed. RECMMMATIONS AND FUNDING After consideration of the public input provided at the,4?ublic Hearing, it is recommended that motions be made to: 1) Adopt resolutions, providing for the paving and i drainage-. -u provemen•�s-, for each petition paving project, subject to tbe:, te7ms o+�;t �.:;cued. in. t e Resolutions. ?.) Approve preliminary assessment roller ino?udir iy cs�z-,ign de as ... result.of the•Public Hearing. 3) Allocate $50,249.10 from the Petition Paving a.•ctount to. -- id this work. 4) The Road and Bridge Division be notified -to begin construction. Discussion followed regarding the transfer of funds to do this work. The Chairman asked if there was anyone present who wished to be heard. Robert Evans, 356 16th Avenue, stated that he was not against the paving of the road but 'did want an explanation concerning the reconstruction of the road. Mr. Davis explained that the road would be brought up to proper elevation and grading; by reconstructing the road, they would be improving the base of the road - it would be a major road improvement. Lengthy conversation took place in regard to upgrading the road and the cost of asphalt. Mr. Davis stated that the asphalt and base were probably the major cost in the project. The drainage would be done by the Road & Bridge Department and he felt that the assessment was not high. He continued that the County went out for bids for the soil cement work and asphalt work, and the other work would be done by the Road & Bridge Department. Mr. Davis felt assured that the cost was much less than if they went out for bid. Mr. Evans pointed out that he was not trying to, stop the paving of the road. His biggest complaint was that they would be digging up lawns, then the homeowners would have to put in new lawns and maintain them in order to keep the drainage ditches opened. Mr. Evans commented that there had never been any problem with the drainage and felt it would be a lot cheaper for the County if they would just pave the road and not do the drainage. Commissioner Lyons commented that it had been the intent of the Board to improve the drainage whenever possible. He realized that it would create a problem but if he could live with it, in the long run, Commissioner Lyons felt he would be happier with it. 0 CT 2 01992 FAE 675 OCT 90 1982 Commissioner Wodtke interjected that all work would be done in the road right-of-way. 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 unanimously adopted Resolution 82-108-hproviding for the paving of portions of 14th Avenue. 0 RESOLUTION NO. 82=108"/A A RESOLUTION Or THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 14TH AVENUE, BETWEEN 2ND AND 4TH STREE'CS; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIP'PION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requust- ing paving and drainage improvements to 14th Avenue, between 2nd Street and 4th Street; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost estimates has been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $25,118.50; and WHEREAS, the special assessment provided hereunder shall for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy- five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty- four (24) months from the due date; and OCT 2 01982 WR EREAS, after examination of the nature and anticipated 677 �T 2 01982 usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 1 - 16, Block F; Lots 17 - 32, Block G; as shown on'the Plat of Indian River Heights Unit 4 Subdivision on record in Plat Book 6 Page 86 of Public Records of Indian River County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 14th Avenue, between 2nd Street and 4th Street, hereto- fore designated as Public Works Project No. 8209, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Absent The Chairman thereupon declared the resolution duly passed and adopted this 20th day of October , 1982. t Attest: FREDA WRIGHT, rk APPROVE- TO FORM AND L OF CIENCY By CHRIST ER PAULL Assist"nt County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / G DON C. SC RLOCK, J Chairman PUBLIC HEARING - PARTIAL PAVING OF 16TH AVENUE 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: 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.Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Ig ala�_ �11_! in He qty,��lished in_ stsues of /7 A rv5 3 -- A t fu eat s } s I he Vero Beach Press-Joumal is a newspaper published at Vero h, C9atd;,l an County, .and that .the said newspaper has heretofore been inn in Indian River County, Florida, weekly and has been entered as lass era at t`i st office in Vero Beach, in said Indian River County, Florida for a p of e+ r n �p eeding the first publication of the attached copy of adver- tiserrent, 'alit paid nor promised any person, firm or corporation' kr Ys that he has neither tisemratfor {� s te, commission or refund for the purpose of securing this adver- pu n the said newspaper.R i Swam to and subscribed before this day of_�t A.D. / 00oC/ ( usiness Manager) (SEAQ (Clerk of the Circuit Indian River Canty, Florida) OCT 20 1982 31 PUBLIC NorICB PLEASE TAKE NOTICE Mat RH Board of County Commissioners Of Indian River County, Florida, will hold a public henrbq at f a.m. on Wednesday, October 20, 1962 M the Commission Chambers located at 1640 2Sm Street, Vero Beach, Florida, to consider adoptloo m 131e foilawhng proposed rasdution: RESOLUTION No. as. A RESOLUTION OF THE BOARD OF, COUNTY COMMISSIONERS OF INDIAN' RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 16TH AVENUE,. BETWEEN 2ND AND 4TH STREETS; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIP. TION OF THE AREA SPECIALLY BENEFITED. WHEREAS. the County Public Worts Department has received a pmHc int. provement petition, signed by mere than f ws thirds of the owners of property in the ane to be specialty benefited, requaiding Paving and drainage - Improvements to 16th Awalde, between 2nd Street and 4th street; and WHEREAS, the petition has been vorifNd and meets the requirements of Ordinance $1. 27, and design want including cost estimates has been completed by the Politic Works Department; arm WHEREAS, the total estimated old; of the Proposed Eiimimprovements to MI" ; am nd REAS, the special Nut Provided hereunder shag for any given ;acorn owner of property within the area specutay benefited, be in an amount equal to that Proportion Of seventy-five pw cem (7S percent/ of the total coat of the project which the number Of tiaeal 1014 of road frontage owned by the given owner bears to the total number o1 11-1 feet Of road frontage within the area speciallY beneNted, and shall become due and Payable at the Office Of the Tax Collector of Indian River County ninety (9W days after the Anal determination of the apodal assessment Pursuant to Ordinance 61-71 and WHEREAS, Indian River County shalt pay the remaining twenty -Ave peremm (2$ paercatt) of the total cost Of the protect; and WHER EAS, any special assessment no within said ninety, (go) day period shall bear Interest beyond the dor data at a rata established by the Board of County Cap. missio nen at the time of preparation of the Anal assessment roll, and shall be payable in two (2) equal hn dalimems, tht first io be Meda twelve (12) months from the due daft and the second to be Made twentl four (241 months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed lm. provemems, the Board at Canty Can. mhatortm has dorm lhad that the following described properties shah receive a elrect and special benefit from Mese Improvements, to wHl - LOM la— 21, Stock B, as drown on the pun of 0 Vista Acres Subdivision an racer- in Plat Book 6 Page 7 at the public Records of Indian River County. Florida, and Lori 1-14. Sleek A, as shown an the Piet of Indian River Heights Unit 3 Subdivision on record in Pim Book 6 Page 49 Of Public Records of- Jodi" River Courcy, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM. MISSIONERS OF INDIAN IVER f.OUNTY, FLORIDA, as follows: I. The foregong recifals an of irmw and ratified In their entirety. 2. A project providing for Caving and. drainage improvements to - flth Avenue, between 2nd Street and eth street, hwwfakes Mdesignated as Public Worlds Protest' Nb. 620.7, herby approved subject to the 4anpu outlined above and all applicable requirements of Ordinance 61-7. The foregoing resolution was offeed by Commissioner who moved its odoptkn, The motion was seconded by ConmissiaNr- -and, upon heft put to watt, the rota was as follaes: Chairman Can C. Scurlock, Jr. VICe-ClMirman A. Grover Fletdpr . Commissioner Patrick S. Lycra . Commissioner Wfilters C. Wadrke.Jr. Commissimrer Dick Bird The Chairman thereupon declared Me resolution duly passed and adopted rias — dayef—,1962. Board of Canty Commissioners Of Indian River Canty, Florida . BY: Don C. Scurlock, Jr. Chairman. Atlesit Freda Wright. Cheng Approved as to form And Legal Sufficiency Gift Christopher J. Paull Assistant County Attorney PLEASE TAKE FURTHER NOTICE thafat fed same Public hearing, Me Board of County Cwnmisskmm shall also pear all Interested Persons regarding the proposed asgasmonri COMakses in the preliminary assesomam roll for the Improvements described In the above resolution. The Preliminary assessnMt roll Is C"t"mili on file with the Public Woks Department and open for hnspectiod bateeen Me hours of 6:20 a.m. and Stop p.m., Moeday through Friday. If a person decides to appeal arty deebpn Made by the Commission with respect to air matter considered at this hearfg, be edIl mod a record of the proceedings, am that, for sten Purpose, he may teed to as . that a ver. betim rises: of /M proaedipp is Mede, which racer- Incision me testimony and awidant- uponwhtch-thaappeel isfebeba" .I6hielWrHItIver� Ctady At ishWw _oeL3,_lfaL _ 51 FA4 679 OCT 20 1982 5' PgbE S� The Chairman asked if there was anyone 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 unanimously adopted Resolution 82-109 providing for the paving of portions of 16th Avenue. F_J RESOLUTION NO. 82-109 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 16TH AVENUE, BETWEEN 2ND AND 4TH STREETS; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, request- ing paving and drainage improvements to 16th Avenue, between 2nd Street and 4th Street; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost estimates has been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements,is $25,130.60; and WHEREAS, the special assessment provided hereunder shall for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy- five percent (751) of the total cost of the project which the number of lineal feet of road -frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty- four (24) months from the due -date; and WHEREAS, after examination of the nature and anticipated OCT 20 1982 PAU SI 51 ACT -20 19®Z f usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 10 -.21, Block B, as shown on the. Plat of Bonny Vista Acres Subdivision on record in Plat Book 6 Page 7 of the Public Records of Indian River County, Florida, and Lots 1 - 16, Block A, as shown on the Plat of Indian River Heights Unit 3 Subdivision on record in Plat Book '6 Page 49 of Public Records of Indian River County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD'OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. - 2. A project providing for paving and drainage improve- ments to 16th Avenue, between 2nd Street and 4th Street, hereto- fore designated as Public Works Project No. 8203, is.hereby approved subject to the terms outlined above and all applicable requirements of. Ordinance 81-27. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner. Lyons and, upon.being put to a vote, the vote was as follows: ' Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Absent The Chairman thereupon declared the resolution duly passed and adopted this 20th Attest: FREDA WRIGHT, C ---Irk APPROVE ''� TO FORM AND L=� FY' lCZ-EN2Y) By CH IST HER J. PAULL Assist nt County Attorney day of October , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By� G _2 - DON C. SCUKLOCK, JR. Chairman W ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously approved the Preliminary Assessment Rolls for 14th Avenue and 16th Avenue, including any changes made as a result of the public hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously approved the $50,249.10 be allocated to fund this work with funds coming from the budget amendment as outlined in Finance Director Barton's memorandum dated October 13, 1982, as follows: October 13, 1982 To: Board of County Commissioners nu� From: Jeffrey K. Barton, Finance Director Re: Petition Paving Program During the budget workshops, you approved $100,000.00 to fund the Petition Paving Program. We have discussed with Jim Davis the requirements of the Peti'tion Paving Program and recommend .that the following budget be adopted to establish the Petition Paving Program Fund. Account- T i t l e Cash Forward .Fund Transf e; " in Road Materials Road Materials Fund Transfers Out Ai count Number 103 -000 -389.4 -W -O7 703-000-381-20.00 703-2;4-541-3'5.35 004-214-541-35.39 004-199-513-99.21 I ncrease V17,000 100,000. / 147,000 100510001 OCT 20 1982, 35 0% ?decrease ;100;000 l.I 51 PAGE �U OCT 20 1982 ` 51 r� r 694 PUBLIC HEARING - THE MEADOWS FRANCHISE APPLICATION 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: 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�ii f in the matter of lJ r 11 in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press-Joumal 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. 9' SSwornto and subscribed before me this 22 day of-4Z A.D. iness Manager} (Clerk of the Circuit Court, vian River County, Florida) (SEAL) NOTICE OF PUBLIC HEARING .. _ The Public Hearing. for The Meadows Subdivision (FST Partnership Sewage System) franchise application shall be heard 10:00 a.m., Wednesday, October 20, IM, at the County Commission Chambers at the Indian River County .Administration Building, 1840 25th Street, Vero Beach, Florida, 32960. All interested parties are invited to attend and will be given an opportunity to be heard at that time. The franchise is dedicated to providing sewer service to The Meadows Subdivision. The service area is the tract of land in the northeast corner at the intersection of 43rd Avenue and southwest First Street. If any person decides to appeal any decision made on the above matters, he -she will need, a record of the proceedings, and for such pur- poses, he -she may need to 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. 27,1982.• The Board reviewed the following material: TO: Honorable Members of Board of County Commissioners THROUGH: Michael Wright County Administrator FROM: George Liner Utilities Manager DESCRIPTION & CONDITIONS: DATE: October 19, 1982 FILE: SUBJECT: The Meadows Franchise Application REFERENCES: The I'leadows is a wastewater franchise requested by FST Partnership comprised of three parties; George Frederick, Earl Spytek, and Fred Tuerpe. The subdivision consists of 3.9 acres with two groups of two story buildings. Eight condo units upstairs and eight offices or shops downstairs each or a total of -sixteen condo and sixteen commercial units located off of 43rd Avenue near S.W. 1st Street. Each pair of units (upstairs and downstairs) will have its own well but the collective project requires a sewage treat- ment plant - hence the need for a franchise. The franchise was first applied for November 18, 1981, by Paul Rosskamp in behalf of the developer. Due to his untimely death, the project had been delayed to this time. We have the application package complete; it was reviewed by staff and is ready to be presented to the board for approval of the franchise. For this purpose, we must have the agenda item approved and scheduled for a public hearing with sufficient time allowed for the public notification fifteen (15) days in advance of the public' hearing. ALTERNATIVES & ANALYSIS: Since this franchise was initiated quite some time ago, the old format for the resolution was originally negotiated with all the features of the new franchise incorporated. However on October 18, 1982, at a meeting with the developers, we agreed to use the "new format wording" with provisions that include: 1. A payment of $1,000 to apply for the franchise. 2. System will be built to county specs and partnership shall follow county regulations in maintaining and operating the system. As it is being constructed, we have the right to inspect. 3. We shall obtain engineers satisfaction and DER approval -as to construction and copies of "as -built" drawings. 4. There is provision for a 3% fee to be paid to county based on gross revenue. 5. A maintenance escrow fund is provided which can be adjusted by decision of the Board. OCT 20 1982 37 fit - 51. PAGE 685 OCT 2 0 198 2 6. If the partnership fails to comply with franchise conditions, the Board, after a hearing can impose a $50 per day _fine for noncompliance and limit the franchise activity. 7. Inspection fees of $10 per unit are assessable (for sewer only). As to alternatives, the Board of Commissioners'may or may not consider the franchise as proposed. If the franchise is not approved, the project cannot be completed as proposed. RECOMMENDATION & FUNDING: It is recommended by staff that the Board of County Commissioners approve the Meadows Franchise. i Terry Pinto, Utilities Director, explained that application had already been made to the Health Department and approved. He pointed out that application for the franchise was made in November 18-, 1981. Lengthy discussion followed. Chairman Scurlock pointed out that the County had 25 franchises waiting for the attention of the new Utilities Director. Attorney Brandenburg explained that originally the application was filed using the old franchise form; and they have now reapplied on the standard franchise form. The Chairman asked if there was any one present who wished to be heard. W. J. Lehr, Jr. Vista Royale, came before the Board and briefly discussed the metering system. He inquired how The Meadows would pay for their sewerage. Chairman Scurlock responded that it would be paid to the developer. Mr. Lehr understood that each of the the units would be metered. Attorney Brandenburg explained that they would not have a meter to measure their sewer rate, so the developer was proposing to charge a base rate per month. Discussion was held regarding the definition of the word "unit," and it was determined that the wording on page 9 of the Resolution would be changed to read "per month to each residential unit." ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to close the public hearing. The Chairman stated he would like to see that there was some notice to the owner from the beginning notifying them that the system would be turned over to the County, when they do have a master service area. The Attorney explained that this item could be included in the franchise. Peter Robinson, builder, suggested this notification to the owner be included on -the deposit agreement. Discussion followed about the proper way to notify the owners that the system would eventually be turned over to the County. Attorney Brandenburg advised that the developer could be required to note on the first deed he conveys that the property -was subject to take-over by the County, and individuals would be responsible to pay fees and the standard rates. He added that this would.then be picked up, from then on, by the title companies. OCT 20 1982 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board adopt Resolution 82-110 and authorize the Chairman to sign the Franchise Agreement, as amended, noting the definition of "unit," and the notice of deed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 3 to 1, with Commissioner Fletcher voting in opposition. PIZ 51 ?AGEG97 0�� 51 I;, 688 Resolution 82-110 will become a part of the Minutes when received. PUBLIC HEARING - TERMINATION OF WATER SYSTEM FRANCHISE OF TROPIC VILLAS NORTH The hour of 10:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL P Lt. h d W LI u 15 a ee y Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in .Indian River County, Florida; that the attached copy of advertisement, being a in the matter f L L1tJ? �De� f in then Court, was pub- lished in said newspaper in the issues of �• / /,M b bCf 0 Y frim `f Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- r t. a f �"i( ,;, AtLlt+. �I � a m > Q•.. .t Rt ,� a )� llia.Lly{t I.;.. tnll, if All 6. Mf}1F 11. •.r{.r6f �� �� t r.•is %��1C. t � p�� ` ZNOTICEOFP60LICMEARING - ! 'system into the Calmly water System; titid,� The Board of County Commissioners of approval W charging Standard county water Indian River County Shall conduct a public rates. hearing an October 10,1983, at 10:30 a.m. in the -- The area covered by this franchise Is County Commission Chambers at )flan 15th shown in the following map. Street, Vero Beach, Florida 31960 to considers All Interested parties are Invited to ahead 1. Termination of the, water portion of and will be given, an oplbrtunity to be heard at . Customer Services, Inc„ (Laurel Homes) thattime. - ' water and sewer franchises; the incorporation If any person decides to appeal any of the .water system into the Coumly Water decision made on the above matters, he-abe System; and approval of charging Standard will need a record of the proceedings, and for county water rates. such purposes, toe -Sha may need to insure that The area covered by this franchise Is a verbatim record of the proceedings is made, shown in the following map. which record includes the testimony in 1. Termination of the water system evidence On which the appeal is based. franchise of Tropic villas North of Send Dollar Board of County Commissioners Builders, Inc.; Nie Incorporation of the water- 184015th Street - Vero Beach, FL 31960 _�__-_„-__ • Oct. 1,1981. 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 0 this day of r A.D. 6, 'P 0 0O4O�a,{ (Business Manager) i U5k\ dlb 0 FG ,L (Clerk of the Circuit Co , Indian River County, Florida) S v` Z Terry Pinto, Utilities Director, then discussed the following memorandum of October 19, 1982: TO: Honorable Members of Indian DATE: River County Board of Commissioners THROUGH: Michael Wright County Administrator October 19, 1982 FILE: SUBJECT: Termination of Water Franchise for Tropic Villas North and Customer Services, Inc., and Public Hearing for rate chanqe to franchise customer. e FROM: George finer REFERENCES: Utilities Manager DESCRIPTION AND CONDITIONS: In anticipation of an early start-up of the Reverse Osmosis water plant and the desire of the county to improve the customer number base and to enhance the rate study figures, there were early discussions between staff and the franchise owners as to a mutually convenient time to -terminate the subject franchises and provide county water to them. The dates were agreed to be: Tropic Villas North October 25, 1982 Customers Services, Inc. November 1, 1982 At the suggestion of the county attorney, a public hearing was scheduled for October 20, 1982, in order to advise residents of the change of billing to the county's established standard rates. For the periods of time before the county water plant starts production, we will serve these projects from purchased city water. (We will still be below the peak contract availability of 600,000 gallons per day allowed by Vero Beach.) Background information for each is provided in the following: 1. Tropic Villas North: The county already provides sewer service to this subdivision so we already have the meter records and customer accounts established. -As of October 25, our regular meter reading date, the meter records will be used by the franchise to.issue,their final bills for 116 units and one recreational building while simultaneously being loaded into the county's billing computer as the initial meter reading upon which to base county provided water service. During the munth, the customers will be established as water and sewer customers (riot sewer only). This franchise was negotiated recently enough that impact fees and maintenance fees were established and escrowed in county accounts of $22,600 and $2,278 respectively. When we provide water service, the impact fee fund can be transferred to the county. The developer has requested a refund of the accrued escrow maintenance fund since different disposition was not provided in this first such franchise resolution. 2. Customer Services, Inc.: This subdivision of Laurelwood containing 248 lots had been mutually agreed to have its final franchise meter reading as of .November 1, 1982. It will be performed in a similar manner to that discussed above for Tropic Villas North. However, the franchise shall turn the water system only over to Indian River County while the sewage franchise will continue to be operated by the franchise under the terms of the franchise resolut4on. Preceding the county acquiring the water which shows the customer lists to set up and a bill -of -sale for the distribtuion of the system. system, we shall have documentation meter records, as -built drawings, mains prepared for the transfer pw 689 4 OCT 2 0 1982 x 1 51 OCT 201992' ALTERNATIVES & ANALYSIS: The alternatives to the county acquiring 117 units in Tropic Villas North and 248 units in Customer Services, Inc., is to -allow the respective franchises to continue their operation under the franchise resolution agreement with Indian River County. Inasmuch as we are presently in a revenue squeeze and are looking for improved customer base as discussed and reviewed with Farmers Home Administration, there should -be -no consider- ation of this alternative. These two systems will be given to Indian River County at no charge under terms of the -franchises. These are utility systems which have been maintained and will be received in good condition. RATE DISCUSSION: Tropic Villas North: Average consumption per month for each unit was 3,970 gallons for the _last 12 months. Comparing franchise rates with county rates gives the following average bills Franchise Water Bill County Water Bill Base 2000 $10.00 $ 9.00 Excess per 1000 gallons 3.94 4.43 Total per unit $13.94 per month 13.43 per month There will be a slight reduction in bills at the county rate if consumption remains the same. Customer Services, Inc.: Averaqe consumption is assumed at 5,500 gallons per month, same as the rest of county averaqe usage. Base Excess per 1,p00 gallons Total Franchise Water Bill $5.00 $ 5.00 3.50 .13 8.50 11.13 (Actual) (Approved ) (Franchise) County Water Bill $ 9.00 7.88 16.88 It should be noted that CSI charges less than their allowed franchise would permit. Hence, the average bill is now $8.50, whereas county will charge $16.88 for the same usage at the newly approved county.rates. It should be noted that discussions for acquisition of this water system occurred prior to knowing the rates to be adopted by Indian River County. RECOMMENDATION AND FUNDING: Staff recommends the commission terminate the respective ,rater sytsem franchises and approve the acquisitions of both water systems: 1. Tropic Villas North on October 25, 1982. 2. Customer Services, Inc., on November.l, 1982. Service to each of these subdivisions are to be charged at the standard county rates. Such acquisitions are to comply with methods of acquiring, placing under County Customer requlations, and public hearings to change rates as established by precedence for earlier acquired franchises. The Chairman asked if there was any one present who wished to be heard. W. J. Lehr, Jr., Vista Royale, approached the Board and "inquired if the County was taking over the water and sewer plant at the same time. Chairman Scurlock explained that the County did not have a wastewater system; the sewer would be going to the City of Vero Beach, and the water would be going to the County. Commissioner Lyons interjected that the City of Vero Beach wholesales the water to the County. George Liner, Utilities Manager, advised that there is one meter per building and each building has four units. Also, they, would be billed under -the standard County rates. Mr. Pinto affirmed that as of October 25, 1982, they would be receiving water under the County rates, and the water would be supplied by the City of Vero Beach. 0 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously agreed to close the public hearing. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board adopt Resolution 82-111 terminating the water franchise granted to Sand Dollar Builders, Inc. for Tropic Villas North, authorizing the franchise area to 4 be incorporated into the County -wide system, and the charging of County rates, and that the Chairman be authorized to sign the document. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 3 to 1, with Commissioner Fletcher voting in opposition. x 51 WE 691 OCT 20 1982 K 51 692. RESOLUTION NO. 82-111 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TERMINATING THE WATER FRANCHISE GRANTED TO SAND DOLLAR BUILDERS, INC. PURSUANT TO RESOLUTION NO. 79-112 FOR TROPIC VILLAS NORTH AND AUTHORIZING THE FRANCHISE AREA TO BE INCORPORATED INTO THE COUNTY -WIDE SYSTEM AND THE CHARGING OF COUNTY RATES. WHEREAS, the Board of County Commissioners of Indian River County on November 7, 1979, granted Sand Dollar Builders, Inc. a franchise to operate a water treatment and distribution system in the unincorporated area of Indian River County, and WHEREAS, the franchise provides that as such time as Indian River County could provide water service to the facility the corporation would terminate its maintenance lease for the distribution system with the County, connect the franchise area to the County system and grant County any and all necessary easements for said purposes, and WHEREAS., the Board of County Commissioners have duly called a public hearing to discuss the merits of the termination of the water franchise. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the water franchise originally issued -on November 7, 1979, to Sand Dollar Builders, Inc. is hereby terminated, and 2. the Indian River County Utilities Department is authorized and directed to incorporate the former franchise area into the County -wide system and to charge water customers within the franchise territory the standard County rates beginning October 25, 1982. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Nay Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Absent The Chairman thereupon declared the resolution duly passed and adopted this 20th day of October , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DON C. SCURLOCR, JR. Chairman Attest:t-,1t 1 FREDA WRIGHT, Verk APPROVED S TO FORM AND LEG SUFF CI By Z— GAIg . BkAfq5-ENBtfG o ntv Attornev Q OCT2 01901 51. 693 ���f OCT 2 01982 5.ruw694, PUBLIC HEARING - TERMINATION OF WATER PORTION OF FRANCHISE OF CUSTOMER SERVICES, INC. The hour of 10:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL , ,.E�. i( T �ej Published Weekly f� ; + t i �>� ` s a "` 1 s„ .4 Vero Beach, Indian River County, Florida p tits 1 4 0' 1 e1 Iteaa ,.5 •, �tll y c\�6 1 ,3 ` ., COUNTY OF INDIAN RIVER: STATE OF FLORIDAa Before the undersigned authority personally appeared J. J, Schumann, Jr. who on oaths a. i q } fill. } y f 4 St 1 i ti t�: 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 - .t @ �, a T: m.. 1 f i f r,,,.i I t ''; I �, it tt in the matter f I { s- y •r °., a. ...r r: wt. .w.Ifr�;G. 'tn k a�: �.:. 'NOTICBOF PUBLICNBARINO -r system In the County !Nater System; and The' Board of County Comm(ss(mrersoF. approval of charging standard county water Indian River County shall condup a public'--. rates. - hearing an October 20,1981, at 10:90 a.m. to the'.; The area covered by this franchise is in the Court, was pub- ` County Commission Chambers at INo 25th ahOWIfin the fallowing map. street, Vero Beach, Florida 92960 to consider: All Interested parties are Invited to attend 1. Termination of the, water portion of and will be given an opilortunity to be heard at Iished in said newspaper in the Issues of Q /.eJ(L `Ja Customer Services, Inc„ (Laurel Names) thattime.appeal any water and sewer franchisest the incorporation If any troch es to of the water system into the Com.;y Water '' decision made on the above matters, he -she lQy�� •? System; and approval of charging standard will need a retard of the Proceedings; and for !) '. • county water rates. such purposes, ho she may need to insure that The area covered by this franchise isa verbatim record of the proceedings U made, . shown in the following map• which record includes me testimony inAffiant further says that the said Vero Beach Press -Journal Is a newspaper published at - - 2. Termination of the water systetp -• evidence an which the appeal is based. Vero Beach, in said Indian River County, and that the said newspaper has heretofore -franchise of Tropic Villas North of Sand DollarBoard of County Commissbaers been continuously published in said Indian River County, Florida, weekly and has been entered Builders, Inc.; the incorporation of the water - 184025th Street as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida - ''� ! - .:;Vero Beach, FL32960 for a period of one year next preceeding the first publication of the attached copy of adver--'•OeLt•1482. - tiseirent; 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. �, + 234 tisement for publication in the said newspaper. p 1 Swom to and subscribed before a this / day of i:� A.D. / u � , '\ 0 �'' 0 tel/ erg O 9 V.,:. ' � ~ 1v D0 9p ri I� �+ (Business Manager) a �isG.n�r`: �? N S n0r1 Iv (SEAL) (Clerk of the Circuit C (Indian River County, Florida) Attorney Brandenburg explained the proposed resolution which would terminate the water portion of the franchise granted to Customer Services, Inc., and incorporate the franchise area into the County -wide water system and rates. The Chairman asked if there was anyone present who wished to be heard. W. J. Lehr, Jr., Vista Royale, came before the Board and asked how Laurelwood Subdivision was presently receiving its water supply. Terry Pinto, Utilities Director, explained that the developer was presently providing water on site with a chlorinator. When the new County plant comes in, they will be put on the County line with the standard County rates. M Chairman Scurlock gave a brief history of how the County entered into an agreement with the City of Vero Beach for a specific period of time to wholesale a certain amount Df water. Mr. Lehr inquired if the County was going to take over the sewer plant. The Chairman commented that the County would not be taking over the sewer system from the developer. Myra Taylor, resident of Laurelwood, approached the Board and inquired about the deposit that had already been paid to the developers of Laurelwood. Administrator Wright advised that the deposits would be transferred to the County. Mr. Robinson referred to the agreement and stated he would like to review it again and discuss it at the first meeting in November. Commissioner Fletcher asked Mr. Robinson if he preferred to run his own water system. Mr. Robinson commented that he would have to leave that up to the people at Laurelwood. He felt the County water would be better than the water they are now providing. Commissioner Fletcher noted that Mr. Robinson entered into his agreement with the County "up front" - he had no choice. Mr. Robinson commented that at that point, in 1975, they followed the standard County agreement. He pointed out that some subdivisions had poor service and if he would not provide good service, the County had a provision to take the system over. Commissioner Fletcher argued that the developer had no incentive then to maintain a good water system, if he knew it was eventually going to be turned over to the County. He felt we were perpetuating 1975. He commented that the County got itself into the water and sewer business, and is OCT 2 01982 rs 2 0 ,9� ,OCT Z now entering into an agreement of just taking over the water portion. He felt the primary reason was economics and not health, safety and welfare. Commissioner Fletcher felt is the Board was going to protect people from themselves, they should do it consistently. Discussion continued, and it was determined that there were 253 customers involved in the Laurelwood system. Myra Taylor inquired how long the County would hold the - deposit. Administrator Wright responded that it would be indefinitely. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to close the public hearing. Lengthy discussion ensued about the items that would be covered in the resolution and in the agreement. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board adopt Resolution 82-112 terminating the water portion of the water and sewer franchise granted to Customer Services, Inc. incorporating the franchise area into the County -wide water system and authorizing the imposition of standard County rates as of November 1, 1982. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 3 to 1, with Commissioner Fletcher voting in opposition. RESOLUTION NO. 82-112 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TERMINATING THE WATER PORTION OF THE WANTER SEWER FRANCHISE GRANTED TO "CUSTOMER SERVICES, INC." PURSUANT TO RESOLUTION NO. 75-66, INCORPORATING THE FRANCHISE AREA INTO THE COUNTY -WIDE WATER SYSTEM AND AUTHORIZING THE IMPOSITION OF STANDARD COUNTY RATES. WHEREAS, the Board of County Commissioners of Indian River County on October 8, 1975, adopted Resolution No. 75-66 known as the "Customer Services, Inc. Sewer and Water Franchise" granting a water and sewer franchise to Customer Services, Inc., a Florida corporation, and WHEREAS, the franchise provided that the resolution would continue in force and effect until such time as the County had the capacity to provide the franchise area with a treated water system, and WHEREAS, Indian River County currently has the capacity to provide the franchise area with treated water. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the water portion of the water and sewer franchise granted to Customer Services, Inc. pursuant to Resolution No. 75-66 is hereby terminated and the sewer portion of said.franchise will remain in full force and effect until terminated pursuant to its provisions, and 2. the Indian -River County Utilities Department is authorized and directed to supply the franchise territory with treated water from the County's combined water system and to impose standard County rates upon all users within the system commencing November 1, 1982. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke vote was as follows: � ocr2o �98z L and, upon being put to a vote, the Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Nay Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Absent The Chairman thereupon declaxed a -�xesolmtion ,duly OCT 20 1982 passed and adopted this 20th day of October , 1982, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By -.2), DON C. SCURLOCK, JR. Chairman IdAttest: FREDA WRIGHT, C erk AND By_ R. BRANDEN URG y Attorne ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to postpone consideration of the agreement between Customer Services,`Inc. and the County until the next meeting. Commissioner Fletcher left.the meeting at 12:00 noon. CITY/COUNTY FORESTER REPORT Paul Palmiotto, City/County Forester, reviewed the following report with the Board: oc , o ' STATE OF FLORIDA opo p p FLORIDA DEPARTMENT OF AGRICULTURES CONSUMER SERVICB_ �►Ibt4l� DOYLE CONNER. COMMISSIONER DIVISION OF FORESTRY / COLLINS BUILDING- / TALLAHASSEE 32301 ANNUAL COOPERATIVE FORESTRY ASSISTANCE REPORT CITY OF VERO BEACH & INDIAN RIVER COUNTY October 5 & 6, 1982 As required under the provisions of the County Contract, Sections 589.28 - 589.34 Florida Statutes, an annual report is submitted by September 30th of each year to cover work undertaken during the previous fiscal year. As the Vero Beach/India.n River County Forester, I respectfully submitt the following report of my activities for the -twelve month period ending July 1, 1981 to June 30, 1982. From year to year various projects will be undertaken and the direction of the Urban Forestry project will change.: One such change was a greater emphasis on information and education and beautification projects this past year. Another change was the role of the Environ- mental Design Planner of Vero Beach. The past Environmental Design Planner covered. almost all. activities dealing with trees, shrubs, landscaping, etc.. in the city. Thus much• less.. of my:.time was spent with the city.than might have been, With -the -new Environmental Design .Planner now working I forsee my role increasigg in working with him and in the city. Last year the major activities that directly involved the city were TREE CITY USA, two seedling sales, assist Rosewood Elementary school with a landscape plan, planting palmetto's at South Beach Park, a plant identification walk at South Beach Park, Arbor Day planting for Vero Beach, assist Osceola Elementary with a landscape plan, and participate in the Garden Club Show with a display. This past year the beautification projects came about in the county. Thus, projects such as Wabasso Beach Park replanting,_ Hobart Park, Middle 6 and Middle 7 schools were undertaken. A new teaching program in environmental education was also started. The program is called. LEEP (Local Environmental Education Program). - The program -is geared for sixth graders to teach then about soils, plants and animals and their interrelationships. Sebastian River Middle -Jr. High School.participated in the program. Other activities in the County included control burn 23 acres for a landowner, work with a major landowner (RoyVan Ranch Inc.) on tree planting over 3500 acres, development of Donald McDonald Park as a recreation area and work with a local sawmill owner on developing local markets for rough cut pine lumber. i The remainder of my time was spent on State activities of fire control, training, assistance to other Division of Forestry personnel, and Federal and Regional meetings. Over the past Fiscal year, there have been 1853 assists to individ- uals and local governments involving 1579 hours of the foresters recordable time. OCT 2 0 1982 152 k . � 51.60"E �"9 OCT 2 01982 5f . � 700 The activities were as follows: I. Forest Management 4.3% A. Referrals .to Private Foresters 1 assist 240 acres B. Management Plans Made 1 plan 3500 acres C. Forest Inventory Timber Cruising 1 assist 35 acres D. Diagnosis and Reconnaissance Only An -assist that -requires.'a visit -to the-xecipients property that does not result -iia or is a part of•a measured -output or accomplish- ment 4 assists 380 acres 9,, Tree Planting with seedlings/cuttings 7 assists 24 acres F. Insect Evaluations 1 assist 1000 acres II. Fire Control 1.6% A. Fire Control Assistance f 5 assists B. Control Burning Hazzard Reduction 2 assists 23 acres III. Forest Education 157o' �. A. Educational Cirriculum Development 4 assists B. Exhibitso'Field Demonstrations and Speeches '18 assists 1969 people C. Environmental Education Classes 23' assists 671 students IV. Forest PrPP ducts Utilization 3.3% A. Forest Products Utilization - any contacts made with forest product processors and operators 6 assists B. Residue Utilization 2 assists 150M ft C. Primary Processing (sawmill) IOM ft3 V. Urban Forestry 34.2q A. Arbor Day and School Plantings 2 assists B. Seedling Packet Sales '.4 assists 1029 seedlings C.. Tree 3'aransplanting Assists 9 assists D. Shade and'Ornamental Tree Advice 43 -assists 144 trees _ 5� W E. Recreation Development Assists 14 assists 1800 acres 0 F. Beautification Projects 13 assists G. Wildlife Habitat Development 1 assist 92 acres H. Tree and Vegetation Protection Plans 5 assists 92 acres I. Vegetative Inventory 4 assists 77 acres J. Tree Canopy Analysis "- 7323 acres K. Street Tree Survey 6 acres i Lo Comprehensive Planning Assist to any county, municipal, -regional or area planning organization. 36 assists M. Meetings Attended (general) 35 meetings N. Parks & Recreation Department 4 meetings 0. Meetings of State and Federal Agencies (SCS, ASCS, Extension Service, SWCD) 4 meetings VI. Media. 8.3% A. Mass Media Appearances and Productions -13 prom B. Written Material and Speeches Prepared 50 articles, speeches VII. Personnel Training 18% A. Forest Management Training 33 hours 12 trainees B.. Fire Control TrainAmg 11 hours 26 trainees C. Training received 143 hours D. Assists.to other Division of Forestry Personnel 26 assists _:- - V1II. Other 15,3% 1473 assists This is my report for the activities during the past fiscal year. 47% of my time was spent on State,,.Federal and outside county activities, 3116 of my time was spent with Indian River County and 22% of my time was spent with the City of Vero Beach. OCT 2 01982 -53 . %E CT 2 019 ' x :; 51 rhoF 7.0 ^ �z Enclosed are short term goals for 1982 - 1983 and long range goals for the coming years. Thank -you for your support and I urge you to suggest projects or other areas that"you may wish me to persue. Respectfully, <'—'G�+' 0�� Paul Palmiotto Vero Beach/Indian River County Forester SHORT TERM GOALS VERO BEACH/INDIAN RIVER COUNTY 1982 - 1983 1. Hold a seedling sale in the summer of '82 2. Teach FFA camp 3. Teach Environmental Education Camp 4. Finish Plant I.D. Walk for South Beach Park' 5. Landscape two county beach accesses 6. Hold a workshop for builders and developers on tree protection during construction. 7. Work with local FFA Chapter to simulate interest in -Forestry competetion and attending FFA camp. 4 8. Obtain the tree spade and continue park landscaping 9. Speak as often as possible to -school groups, civic clubs, garden clubs, and other on any forestry related topic. 10. Work with County Extension -Agent in !setting .up € Aree care ark maintenance workshop. 11. Give threeiTV appearances per year on Division of. -Forestry services or programs. 12. Give as -least two Arbor Day Programs to local elementary schools. 13. Contact the Science Coordinator in my'county and inform him of environmental education programs available. 14. Give a LEEP program for Middle 6 School and continue LEEP technical assistance to Sebastian River Middle - Jr, High School. 15. Continue with any beach related work in the city or county. 16. Have at least one school participate in the Forest Education seedling program. 17. Finish landscaping of South Beach Park. 9 LONG RANGE GOALS VERO BEACH/INDIAN RIVER COUNTY 1982 s 1984 I. Utilize wood:•in the county landfill. 2. Help develop Donald McDonald Park into a recreation and study area for local residents. 3. Participate in the management of the nature center. 4. Get the program of tree planting on lift station and dumps started again. 5. Have every city park and denuded area landscaped. 6. Have D.O.T. areas landscaped to any extent possible ONGOING ACTIVITIES 1. Continue WTTB radio program .once a month 2. Continue. biweekly newspaper article. 3. Continue interstate reforestation program. 4. Continue seed collection for state nurseries. Commissioner Lyons complimented Mr. Palmiotto on his work, and stated he wished more citizens would take advantage of his services - this was a very important function in our County. Chairman Scurlock commented that Mr. Palmiotto had prepared an excellent report. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted the report, and authorized that Pair. Palmiotto's supervisor be contacted.and informed that the Board finds Mr. Palmiotto's services satisfactory. OCT 2 01982 516003' r OCT 20 1992 K 51704 CONSENT AGENDA A. Meadows Subdivision Release of Bond The Board reviewed the following memorandum dated October 8, 1982: TO: The Honorable Members of tie Board of County Commissioners THROUGH: Michael Wright, County Administrator DATE: October 8, 1982 FILE: SUBJECT: Request for Release of Maintenance Bond - Meadows Subdivision FROM: James W. Davis, P:E REFERENCES: Letter of George Frederick to Public Works Director Mr. Micriael sWright dates. October 5, 1982 DESCRIPTION AND CONDITIONS During the regularly scheduled June 161, 1982 meeting.of the Board of County Commissioners, the Board approved the Final Plat of the Meadows Subdivision located at 43rd Avenue and R.D. Carter Road (1st St. S.W.). As a condition of this approval, -the Board accepted a $1,023. maintenance bond for seeding of the Rights-of-way. The owner, George Frederick repre- senting FST Partnership, is requesting release of this bond since seed germination is complete. ALTERNATIVES AND ANALYSIS On October 8, 1982, inspection of the site by the Public Works Director revealed that germination is complete. RECOMN MATIONS AND FUNDING It is recommended that the maintenance bond in the amount of $12023. presently being.held in the County's Escrow Account be released to F S T Partnership. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the request for release of the Maintenance Bond for the Meadows Subdivision. B. Release of Easement - Ronald Smith The Board next considered the following information: TO: The Honorable Members'of - DATE: October 5,'--1'-98_2 . DILE:: IRC -82 -ER -12 the Board of County Commissioners #14 THROUGH: Michael Wright County Administrator - -- SUBJECT: RELEASE OF EASEMENT REQUEST BY DIVISION HEAD CONCURRENCE: RONALD SMITH: OP SUBJECT PROPERTY:: LOT'4, UNIT 3, RIVER SHORES ESTATES atrick Bruce King FROM:.. Betty Das , RERENCES: -Zoning Department Inspector This is in response to a Release of Easement request by RonaldrSmith, owner of the subject property. It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: The County has. been petitioned by Mr. Ronald Smith to release the side lot 12 foot easement of Lot 4, Unit 3, River Shores Estates. 4 The request has been reviewed by Southern Bell, Florida Power and Light, Florida Cablevision.Corporation, and the Utilitj and Right -Of -Way Departments. The Zoning staff analysis, which includes a site visit, showed -that drainage would be adequately handled by the existing rear canal. ALTERNATIVES AND ANALYSIS: After site inspection by Zoning Inspector Betty Davis, it is the Zoning Department's opinion that -to release the side lot 12 foot easement of Lot 4, Unit 3, River Shores Estates would have no adverse effect -and would allow the petitioner to utilize a portion of this area for his septic tank drain field. However, if the easement is -not released, the petitioner will be denied -his request to utilize this area for drain field purposes.. This department realizes that after. Trevi ew and due consideration. that the Honorable Board of County Commissioners -has the authtri ty to' grans: an ai tN?°c ate decision.- RECOMMENDATION: Staff recommends the release of the side lot 12 foot .easement of Lrt 4, Unn,: River Shores Estates. OCT 2 01982 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously adopted Resolution 82-113 to release the side lot 12 foot easement of Lot 4, Unit 3, River Shores Estates, as requested by Ronald Smith. 57 51 ��� 705 0 CT 2 01982 5 , 7s RESQL,UTION NO. 82-113 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the side lot easement of Lot 4, Unit 3, River Shores Estates, according to the Plat of same recorded in Plat Book 7, Page 55 of the Public Records of Indian River County, Florida; and WHEREAS, said lot line easement was dedicated on the Plat of River Shores Estates, Unit 3 for public utility and drainage purposes, and WHEREAS, the request for such release of easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER -COUNTY, FLORIDA, that the following lot line easement in River. Shores Estates shall be released, abandoned and vacated as follows: The side lot 12 foot easement of Lot 4, Unit 3, River Shores Estates, according to -the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 7, Page -55. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easement hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 20th day of Qctober , 1982. Attest: Freda Wright, C k R BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: Don C. Scurlock, Jr., Cha' an Approved - to form and ncy Era^der,ncrg RELEASE OF.EASEMENT This Release of Easement, executed this 20th day of October 1982, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party; Mr. Ronald Smith, whose mailing address is 1915 20th Avenue, Vero Beach, Florida, 32960, second party; WTTNFCCFTN- That the said party of the first part for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon,- and bandoniand quit claim unto the said second party forever, all the right, title, interest,. claim and demand which the said first party has in and to the following described easement, lying on land situated in the County of Indian River, State of Florida, to -wit: The side lot 12 foot easement of Lbt 4, Unit 3, River Shores Estates, as recorded in Plat Book 7, Page 55, public records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right, title. interest, equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said party has signed and sealed these presents by -the parties so authorized -by the law and the day and year first above Written. Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: .,. �-. Don . , Scurl c , Jr. ,- Chairman ATTEST Freda Wright, Clerk Approvers ofirm and leg -"iS9 O, 13. Brandenburg y Attomgy., is } OCT 20 1982 STATE OF FLORIDA' COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared, Don C. Scurlock, Jr., as Chairman of the.Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, and FREDA WRIGHT, as Clerk.of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument and they acknowledged before me that they executed the same for and on behalf of the said political subdivision. WITNESS by hand and seal in the County and State last foresaid this a0 ' day of ,, 1982. (Notary Seal) i ` 1 i r Notary Puo1Jic, State of'Florig at Large My Commis on Expires: !VOTARY pt BLIP STATF OF FLORIDA 60NDED THRU GENERAL INSURANCE UNO . MY CQMMISSIQN IXP-IM JULY 8 1986 C. Bond for Patrick B. Lyons ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the Bond for Commissioner Patrick B. Lyons. OCT 2 01982 51 PACE 709 OCT 2 0192 x 51 Pia 7.4: it IY Wr +NT THAT 7 m i s MKOPS PR iR<CUrKD AND QUAL CLi1CATtM P^PQl* CQIY P"TAM W 11 "Ift WA • * erAY.. STATE OF FLORIDA County of ._ KNOW ALL MEN BY TJIESE PRESENTS, That We, PATRICK B LYONS as principal, and--. AUTO OWNERS INS. CO. as sureties are held and firmly bound unto the Governor of the State of Florida, and his successors in office, $2,000.00 ill the 511111 of 1-11" ............... ....,..111,1,,. ................ .n ...... ..... ............... ............................. ........................»....... ................................... nn.nu.......no..........»..» lawful money, for lite payment whereof, well and truly to be made, we do bind ourselves, our and each. of our heirs, executors and administrators, jointly igyl severally, firmly by these presents. Xsealed with our sealp, alta dated thla1..,.d......... .., dily of ...............-'..as......:a:..::r.....t..............:::::....»................:a::.uttt:aat� The condition of the above obligation is such, That whereas, the above bounden Patrick B.- L ons _ _ _ was, on the 2nd day of November, A. D. 19.....82....., elected.. C�?lllllt �C?l7lGS.ti.41e.w to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election held November ..2nd... A.D.,19..8.2........ and until his successor is qualified according to the Constitution and laws of this State. Now, therefore, if the said Patrick B. LXons shall faithfully perform the duties of his said office, as provided by law, then this obligation to be void, else to be and remain in full force and virtue. elec-21 A 1!}25-72 Signed, sealed and delivered in presence of us: atx411)z rine pal (L. S.) Sur I .�• fel � . The above bond is approved this 2 0 th day of October Chinniof the Board of 1311'1 - Absent 19 82 yiy Commissioners. County Commissioners. The above bond is approved this - day of 1»1»»1»»1., 19 1111 Comptroller, DATP. AND ATTACH TO ORIGINAL BOND, AUTO -OWNERS iNSURANCE COMPANY OF LANSING, MICHIGAN POWER OF ATTORNEY NO._' % 1. -- KNOW ALL MEN BY THESE PRESENTS: That the AUTO -OWNERS INSURANCE COMPANY OF LANSING, MICHIGAN, a Michigan Corporation, having its principal office in the City of Lansing, County of Ingham, State of Michigan, pursuant to the following Resolution, adopted by the directors of said Company on May 17; 1950, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretaryof the Company shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings, obligatory in the nature thereof. Said officers may at anytime remove and revoke the authority of any such appointee." does hereby constitute and appoi �illiam F. Bieschke Vero Beach, Florida its true and lawful attorney (s) to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed One Hundred Thousand and no/100 ($100,000.00) Dollars and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AUTO -OWNERS INSURANCE COMPANY OF LANSING, MICHIGAN, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO -OWNERS INSURANCE COMPANY OF LA1VSING, MICHIGAN, has caused these . presents to be signed and its corporate seal to be affixed by its authorized officer this i rat day Of December 1967. Attest - — - — L. J. Wall, Secretary STATE OF ICHIGAN COUNTY OF ss. R. E. Moulton - President On this-_ first __day of December 18_ 7 . before mll, a notary public, came the individual, e preced to me personally known, who executed thing instrument, and being by me duly sworn, said that he is the therein described and authorized officer of the AUTO -OWNERS INSURANCE COMPANY OF LANSING, MICHIGAN: that the seal i t , quid instrument is the corporate seal of said Company, and the said corporate seal and his signature were duly anuced by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal at the City of Lansing, the day and year first above written. My commission expiresNovember28 19_n— Rath Dimitroff Notary Public STATE OF MICHIGAN COUNTY OF INGHAM ss ` Secretary of the AUTO -OWN hjc tiSI-'RANC'E COMPANY OF LANtiING, MICHIGAN, do hereby certify that the foregoing is a true and correct copy -)f Wer of Attorney issued by said Autu-Owners Insurance Company of Lansing, Michigan, and that I have compared same with the ORIGINAL on file in the Home Office of said (,ompany, and that it is a correct transcript thereof and of the whole of the Baia orivinai, ana that the said Power of Attorney has not been revoked ana is now in full force and effect. Ir WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate sash .f thr Company at the City of Lansinti. Michigan, this _ __.._ day of ........./ BTATS OF ,PtlhA'g' COUNTY OF On this _!;�'gday of 6 19___ � L% (name of Attorney -in -Fact nicning bond) to me personally known, and appeared before me, a Notary Public, within and for said County and State, who being duly sworn, upon oath, did say that he is the Attorney -in -Fact of and for- the AUTO -OWNERS INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Michigan; that the Corporate seal affixed to the foregoing within instrument is the seal of said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said affiant did acknowledge that he executed the said instrument as the free act and deed of said Company. OCT 20 1982 Not=7 Public Xy Commission �� of Ft�etl3k At �►RGe X 51 tAu 1 J G1 ll�TllSSli l EXi1RES lG 13 1985 jtvaw I N6 uNDERwIMM OCT 2---; 19 ! 444 r , ,a r r A'�' ' N•1 11,7 '-� ..4 0AT111 014' 011101", i11i, STATE OF FLORIDA COUNTY OF -Indian River I DO SOLEMNLY SWEAR that I will support, protect and defend the .Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Consti- tution of the State, and that I will well and faithfully perform the duties of Board of County Commissioners of Indian River County, Florida on which I am now about to enter, so help me God. Sworn to and subscribed before me this � `114 day of f 1 , 19 A taf)r Public or other individual authorized to administer oaths / e5 t (Sign as you desire co 'ssion issued) My Commission expires NOTAN 1USUti STATE of FLOM ?R DM 85 40NDER JHRU GENERAL IN& UNDERWRITERS SECRETARY OF STATE TfIE CAPITOL, TALLAHASSEE, FLORIDA 32304 I accept the office of Board of County Commissionera of the County of Indian River . The above is the oath of office taken by me. In addition to the above office I also hold the office of Non,- (Named one(Named office or None) My postoffice address is 17 Sailfish Road, Vero Beach., Florida 32960 FLORIDA DS -DE 56 as you desire c si ued) D. Approval of Sheriff's Deputies ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Chairman's signature approving the following deputies appointed by Sheriff Dobeck: Barbara A. Griffieth - Carroll L. Boyd E. Reports on File The following reports were received and placed on file in the Office of the Clerk: Inspection Report of Indian River County Jail dated September 13, 1982. Caseload handled by Judge Stikelether - October 1, 1981 to September 30, 1982. Traffic Violation Bureau - Special Trust Fund, Month of September, 1982 - $36,833.39. Traffic Violation Fines by Name - September, 1982. Audit of District School Board, #la081, for fiscal years ended 6-30-80 and 6.-30-81. BUILDING PERMIT FEES AND CHARGES Ester Rymer, City Building Director, came' before the Board and discussed the estimated building fees. She pointed out that the fee schedule was based on the cubic foot content of the building. Chairman Scurlock read the following data from Jack Dritenbas: OCT 20 1982 . 51 6EX13 714 OCT 2 01982 51 Ab -bP-p rim. ! ,u 7E 44 CA-- `��� �%�ar"S - Lv�{E,CJ. 77FfPr- �✓�IBc�iL m�;fa�/Tr5 lSS. t> &0 —s1.0 A-) • `T..: 02 Cu gcG T {-:p s �S� S i S 'AIJX>: (p4a^ Xvi wl A`t�i A-94,tA-r/<A L. O b, se%JrL.Y LubclUL- - iu io ewe- , QTS • © w sJ bCi"i JG- :: .To e.v,raLr- vti-r�L. `itA*.,r -Ti 'WlE— X12' �UEN: i.7stD+�d�.tiJir Scz:td CAS kIL C.uc:d r /o.0 C— I • 'tic `AS•� 'Tt- �{ erz ,r-���r . •— Zt.1NA'�' SAS — �CvwtL�. ©-a= E7CGESS ��s Cvc4ecp-,Fv civ 7f��F•yes i�aco UrViZee's CvNY P4L)WAtv-.r'- 7�lir 9X �o �k7.TroN,4� d'AP2� u' dfu Age, rG Gs�F�i �2 `T k a y CLOS j 5 0� /�vsP�� r •a,c.'S dy?� $ t Sc ��i�/4t v— /Gea�jtttr -- C'�DA2 C�W�C�S• 6Wev. Q - ,. �C��s-� . ivi�u ©ate � - • :�x1D�*.2•�c;.i 4:,uD�.�u.� -r / Z1/%.d-Z+T l4 •,7L,d•Sa�il� �002s - ai�G/tz�7"��fL rj%�DWj /lel rC'adt�.tJp�-/JPJ? AOIA1 IC � 7 C � � 7w s Ga'4�DtegrzZ< PLu.+78r.J 4� Erc FTC. ETC -79 CvNY P4L)WAtv-.r'- 7�lir 9X �o �k7.TroN,4� d'AP2� u' dfu Age, zeQJ! r&V r>. 4FJ VV11- ''t4efCF_ (..4}N After a brief discussion, the Board decided to take this matter under consideration this afternoon at 2:30 P.M., when Commissioner Fletcher would be present. 0CT201982 - K 51 *E7 71 The Board of County Commissioners thereupon recessed at 12:20 o'clock P.M. for lunch and reconvened at 1:30 o'clock P.M. with the same members present, Commissioner Bird being out of town, and Deputy Clerk Virginia Hargreaves taking over from Deputy Clerk Janice Caldwell for the remainder of the meeting. REZONING - TELEMETRY CONTROL, INC. The hour of 1:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL - Published Weekly J Vero Beach, Indian River County, Florida ` NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River COUNTY OF INDIAN RIVER: County, Florida, is reviewing the feasibility of STATE OF FLORIDA making the following changes and additions to the Zoning Ordinance of Indian River County, Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Florida, which changes and additions are says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published substantially as follows: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 1. That the Zoning Map be changed in.order that the following described property situated on tete south side of State Road 60, east of 82nd a , Avenue, Indian River County., Florida, to -wit:' / est 20.82NortS acres of. the East fen acres of the West 20.82 acres of Tract 12, Section' 1, in the matter of r� ' F (i� (((fff Township 33 South, Range 38 East, according to the last general plat of lands in the Indian Riven Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, - Florida in Plat Book 2, Page 25; said land now lying and being in Indian River County,-. in the Court, was pub- Florida. Be changed from R-3, Multiple Dwelling %%% 7 District to C -IA, Restricted Commercial. - lished in said newspaper in the issues of "� � �1 �C a A public hearing in Relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners of Indian River County, Florida, in the County Com- mission's Chambers of the County Ad - Affiant further says that the said Vero Beach Press -Journal is a newspaper published atministration . Building located at 1840 25th Vero Beach, in said Indian River County, and that the said newspaper has heretofore I1Street, Vero Beach, Florida, on Wednesday, been continuously published in said Indian River County, Florida, weekly and has been entered Oetober20,1982,at1:30toa as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida i any person decidestodecision for a period of one year next y preceeding the first publication of the attached copy of adver- a matter, made on the above matter, he will need he tiserr.ent; and affiant further says that he has neither paid nor promised any person, firm or � - record of the proceedings, and for such pur- -poses, corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. he may need to insure that a verbatim record .of the proceedings is made, which in- cludes testimony and evidence upon which the Sworn to and subscribed before this appeal is based. Indian River County me day of_�/ A.D.�L�' Board of County Commissioners By: -s-Don C. Scurlock, Jr. Oct. 1, 13, 1982. / mess Manager) �p•'�Y Cl; f�e , f�d� I (SEAL) (Clerk of the Circuit Court�dian River County, Florida) ` 68 The Board reviewed memo and recommendation of Staff Planner Janis Johnson, as follows: TO: The Honorable Members DATE: October 5-, 1982 of the Board of County Commissioners THROUG14: Michael Wright County Admires-strat.or- ySUBJECT: DIVISION 'FEAR CONCURRENCE: aeric Bricto —.King , AI •P ROM:'- ' o -aso r, yy y FILE: IRC-82=ZC-17,#461. TELEMETRY CONTROL, INC. REQUEST TO REZONE A 5 ACRE PARCEL LOCATED ON SR #60, EAST 'OF 92ND AVE. FROM F.-.3, 'MULTIPLE DWELLING DISTRICT TO C-lA, RESTRICTED .COMMERCIAL REFERENCES: -It-is requested that the data herein presented be given formal consideration. DESCRIPTION -AND CONDITIONS: On August 26, 1982, the Planning and Zoning Commission unani- mously approved the applicant's request to rezone the north :. 5•acres-of a 10 Acre parcel located on the south side of SR #60, approximately 300 feet east of 82nd Avenue from R-3, Multiple.Dwelling District (maximum of 15 •residential units,/ acre) -to C -1A, Restricted*Commercial. The subject property has 325.'25 feet of'road frontage on SR #60. The parcel extends 1,339.02 feet to the south. The SR #60 median lips 'directly in front of tLie subject property with openings at the 82nd Avenue intersection and at the First Bankel.s' -entrance. A trans -continental coaxial cable is located alo:,.Lg the SR #60 night-rof-way. In addition, the Indian -:River Couirty Ordinance 80 -40 -requires a 700 foot setback to allow for ckai- struction of a frontage road. The subject property is presently undeveloped and contains numerous cabbage palms and pine trees. The soils are bla5:x.- moist, with a clay -like texture. Although a detailed soi.). analysis is not presently available, the soils'eppear to b a Chobee association..-' These: soils have severe limit.ation, • -for _cd=erci.al,,deve1opmer.t , ---.iThe-A-rai:nage sysv-ul of any I` -L i t��re site plan wi ll• ' itie: G ude -mi:t.:gatiaxg "measu_-es :' ic) off - .. .:hese-r_,-Vdlopment -Iimitations. The subject property is adjacent -to a convenience market located on the southeast corner of 82nd Avenue/SR-1,60 inter- section. The northwest corner of that intersection containo a mobile home park; the northeast corner of the,82nd Avenue/ ..SR #60 intersection contains -.a productive grove. A single family residence is located on the east'side of -the subject property. The First Bankers' facility is east of that residence. Westgate Colony Subdivision and Faith Baptist Church are located on the north side of SR #60, to the East of the subject property. 69 OCT 2 019 2 K 51.?4E 7.17 iftV OCT 2 01992 A=RN•? ' 'M ANALM Th.e.-subject'property is presently zoned R-3, Multiple -Dwelling (maximum of 15 units acre). The adjacent property to the east is zoned C-lA, Restricted Commercial. The property on the west side of 82nd Avenue is also zoned C-1, Commercial and B-1, Planned Business. The subject property is a part of the I-95/SR #60 Commercial/ Industrial Node. Staff has developed a small area plan for the future development of the Node. That analysis evaluated the existing land uses,approved plats/site plans, roadway capacities, the Major Thoroughfare Plan, and the performance standards in the Comprehensive Plan. This analysis indicates the western end of the highway commercial area is located 1/8 mile from the I-95/SR #60 interchange and extends approxi- mately 1.25 -miles east to the First Bankers' facility. The applicant proposes to construct professional -offices on the site. This-use.is compatible with the banking facility to,the east and meets criteria specified in the.Comprehensive Plan's "performance Standards for Commercial Uses."' The subject property is -not presently served by municipal sewer or va•ter services. The 43rd. Avenue• Fire Station, #3, ' serves the area with an estimated five minute response time. The proposed Village Green Station will serve the area after its•completion-in. 1982-1983. The Public Works Department and the Community Development Department made an analysis of potential traffic impacts from the proposed development of executive offices on the subject prbperty. With the most intensive allowable development, there would be.a maximum of 200 trips generated -at peak hours. This additional traffic will not significantly effect the existing capacity of SR #60. RECOMMENDATION: Based on the foregoing discussion, staff recommends approval of the request to rezone the 5 acre parcel located on SR #60, east of 82rLd Avenue from R-3, Multiple Dwelling District to C -1A, Restricted. Commercial. Attorney Robert Jackson came before the Board repre- senting 'Telemetry Control, Inc., and offered to answer any questions the Board might have. He noted that staff has recommended approval of the requested rezoning. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Wodtke, the Board unanimously closed the public hearing. 70 I ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Wodtke, the Board unanimously I adopted Ordinance 82-24 rezoning from R-3, Multiple Dwelling District to C-lA, Restricted Commercial, as requested by Telemetry Control, Inc. ORDINANCE NO. 82-24 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: The North 5 acres of the East ten acres of the West 20.82 acres of Tract 12, Section 1, Township 33 South, Range 38 East, according to the last general plat -of lands in the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. .Lucie County, Florida in Plat Book 2; Page 25 said land now lying and being in Indian River County, Florida. Be changed from R-3, Multiple Dwelling District to C-lA, Restricted Commercial. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect October 26, 1982. REZONING - MILLER FROM R-1MP, C-lA, and R-3 TO R -2D The hour of 1:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -mit: i'1 OCT 20 1982 51 *E .71'9 OCT 2 01992 VERO BEACH PRESS --JOURNAL i 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 in the matter of r /li3' �2�— in the Court, was pub- lished in said newspaper in the issues of 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 beforeye this day of A.D. (SEAL) (Clerk of the Ci Manager) River County, Florida) f There are 20.67 acres within the above described property which are designated as Environmentally Sensitive under the Provisions of the Land Use Element adopted nuary 6, 1982. A public hearing in relation thereto at which parties in interest and. citizens shall have an opportunity Interest heard, will be held by said Board of County Commissioners of Indian River County, Florida, in the County Com- mission's Chambers of the County Ad- ministration Building located at 1840 25th Street, Vero Beach, Florida, on Wednesday, October 20, 1982, at 1:30 p.m. If any person decides to appeal any decision made, on the above matter, he will need a record of the proceedings and for such pur- pose¢, he may need to insure th t a verbatim record of the proceedings is made, whic', in- cludes testimony_ and evidence upon whiciJi'. appeal is based. Indian River -County Board of County Commissioners BY: -s -Don C. Scurlock, Jr. Oct. 1, 13,1982. 72 51" pio 720 HOTbC NOTICE IS HeRIEBY GtVriNtItErIftiloardi of County ComnMssiots. of indica River County, Florida, isreviewingthe feasibility of making the following changes and additions to the Zoning Ordinance of Inrian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated in the East side of U.S. Highway 1, ap- proximately 195 feet North of 95th Street, in. Indian River County, Florida, to -wit: That part of the Northeast quarter of the theast quarter of Section 20, Township 31 South, Range 39 East, lying East of U.S. High - Way No. 1 and that part of Government Lots 3 and 4, Section 21, Township 31 South, Range 39 EasLiying East of U.S. Highway No. 1, less the outh 215 feet thereof. AND ALSO That part of the South one-half of Govern- ent lot 2, Section 21, Township 21 South, Range 39 East, described as follows, to -wit: Commence at a point on the South line of said vernment lot 2 where the same is in- tersected by the East • boundary line of Palmetto Avenue, a dedicated street in Tropicana Homesites, a subdivision. of Indian River County, Florida, as per plat thereof in Plat Book 4, page 20, Public Records of Indian River County, Florida; said point being the Southeast corner of the subdivision as set forth In said plat; 'thence run Easterly along ,the South boundary line of said Government lot 2 a distance of 210 fegt to The Point of Beginning. From said Point of Beginning thence run Northerly parallel to the West boundary line of said Government lot 2 a distance of 460 feet; thence Easterly and parallel to the South boundary line of said .Government lot 2 a distance of 140 feet; thence Northerly and parallel to the West boundary line of Govern- ment lot.2 a distance of 200 feet, more or less, to the North boundary line of the South half of Government lot 2, Section 21, Township` 3l South, Range 39 East;. thence Easterly and parallel to the South boundary. line of said' Government lot 2 to the West shore of the In - Plan River; thence Southeasterly meandering to the West shore of the Indian River to its point ot- intersection witit 111W SoufWboundary- line of said Government lot 2; thence Westerly along the South boundary line of Government lot 2 to the point of beginning, LESS the North 10 feet thereof previously conveyed to the State of Florida in Official Record Book S, page 24, Indian River County; Florida, records. TOGETHER WITH an easement for ingress and egress to and from the above described property_ to and from Palmetto Avenue, the dedicated street in Tropicana Homesites Oescribed in this instrument, on and over that part of the South half of Government lot 2, Section 21, Township 31 South, Range 39 East, which would be an extension easterly of the two other dedicated streets in said subdivision entitled North. Tropicana Drive and South Tropicana Drive on said plat'of-sald sub-, division, all as shown in Plat Book 4j page 20. Said easements extending Easterly. from Palmetto Avenue to. the' property, , herein conveyed.; , AND ALSO That part of the South half of Government lot 2, Section 21, Township 31 South, Range- 39 East, described as follows Beginning at a point on the South line of said Government lot 2 where the same is in- tersected by the East boundary line of Palmetto Avenue, a dedicated Street in Tropicana Homesites, according to plat thereof recorded. In Plat Book 4r page 20, Public Records of Indian River County, Florida, said point also being the Southeast corner of the subdivision as set forth on. said plat; thence run Easterly along the South boundary of said Government lot 2 a distance of 210 feet; thence Northerly and parallel to the West boundary of said Government lot 2 a distance of 460 feet; thence Easterly and parallel to the Sedth boundary of Government to 2 a distance of 140 feet; thence Northerly and Parallel to the West boundary of govern-• ment lot 2,a atstancg of zwl teat, more or to the- MottH' * undary of the South half of Government of 2;= thence Westerly and paraliel.to the South boundary of Government lot 2 a distance of 50 feet; thence Southerly and parallel to the West boundary of Government lot 2 a distance of 130 feet; thence westerly and parallel to the South boundary of Government lot 2 a distance of 300 feet to the East boundary of Palmetto Avenue; thence Southerly along e East boundary of Palmetto Avenue and rallel W the West boundary of Government If 2 a distance of 530 feet, more'or less, to the nt of Beginning, LESS The North 10 feet eof. ban ed from R -IMP, Mobile Home C -1A, Restricted CommerclaI and R-3, le Dwelling District to R -2D, Multi - District. n The Board reviewed memo and recommendation of. Staff Planner Janis Johnson, as follows: TO: The Honorable Member's.. DATE: October 1, 1982 FILE: of the Board of County : -IRC-BZ-�ZC-12,#459 Commissioners OLX---- THROUGH: Art Challacombe MILLER RE Z ' REQUEST TO RR Q ONE; 7 2.2 E . Planning DepartmentACRES FROM R-1MP, MOBILE HOME �r Manager ,. SUBJECT: PARK,' C-lA, . RESTRICTED COM_ MERCIAL, AND :R'+3 , MULTIPLE • v . DIVISION HEAD..CONCURRE.NCE : DWELLING DISTRICT TO Rm2� s � , MULTIPLE FAMILY DISTRICT .� D I C� -' Patrick Bruce King, ACP FROM: Jai-ris Johnson '.=' - REFERENCES: Staff Planner It •i s requested that the -data herein presented h'e- given formal consideration. DESCRIPTION AND CONDITIONS: On -July 22, 1982, the Planning and Zoning Commission continued the Public Hearing for Randolf Miller's request to rezone + 72.26 acres from R -11P, Mobile Home Park; C-IA,:gestrictedi Commercial. ; and R-3 , Multiple Dwelling District to R -2D , Multiple -Family District. The continuance was.granted to allow -time to- survey and establish the "sxeas within the su.1)j ect -• property that were -environmentally -serisitive. -Subsequently, on Sept. 9, 1982, the Planning and -Zoning Commission recom- mended approval of the request in a 3-0 vote. The subject property is located between U.S. #1:and the Indian River, approximately 215 feet north: of 95th. Street (Durran.ce 'Road). The Land Use Designation is LD -2; Low Density with approximately 20..'7 acres cl-ass:ified-as-eiiuironmentally sensi- .Live. The Nixed -Use District .to the south is scat anticipated to extend horth.-of Irby Lane. 'The site has +"1,496.2 -feet of frontage along U.H. #1 and 1,980.4 feet lying along the Indian River. The -site is+ pr sentl3% vacant with natural .vege-tation.• There axe -two' borrow .pits which . fcirm .small lakes..- There are .a:iso numerous !.?. O.ms�, -throughaimc the and- mang:cuv_6 �0:an pe:L�c .... were issued by ' the Arany :.Corps :crt-� kag'iiiee:� ii) ; .:tt. ff):: the eaiter.:;,s',tioc� property. A residential- area. with both single .family and ci alti.ple fmm.ily homes lies south, of the-. subject property at the .mast end 01 95th -Street ..- -A lumber store is -on sthe west side '.ref U.S. i/•1 .facing the site. Tropicana Subdivision is located on U.S. #1 adjacent. to the subject property..°s 'morthern boundary. Dixie Sands Mobile Home Park is 2,800 feet north of the site on the west side of U.S. #1. The area north of the sutyj.ect property along the river is presently.vacant. The adjacent area on the east side of U.S. #1,'both north and south of the site, ax -ti zoned C-lA, Restricted Commercial acid R-�3 , Multiple Family .Dwelling District. '73 OCT 20 1982 90 K 51 r�E 7�1 0 CT 2 0 '1982K 51 € = 722 AI,TMTATICIEa :STD ANALy9IS The Florida Department of_ Transportation,, •1980 trv.ffic count indicates 9,000 average daily trips along the'U:S.. #1 Highway. If.the subject property is developed at the maximum density allowed in the R -2D, Multiple Family District and under the provision of the Land Use Element, it is -estimated the com- pleted project would contain 330 units. This level of develop- ment is anticipated to generate approximately 198 afternoon peak hour trips. The existing afternoon peak hour trips of 1,600 combined with the anticipated afternoon peak hour trips represents an estimated 1,800 peak hour trips or 41% of capacity. The same -level of development is estimated to generate an additional 170 ADT, which combined with the present 9000 ADT on U.S. #1,, will total 9200 ADT. This total represents 38% of the capacity.l - It should be noted that the Comprehensive Plan .limits the development of environmentally sensitive areas to a maximum density of 1 unit/acre; The applicant has submitted docu- mentation of the environmentally sensitive areas. Staff has reviewed the survey and permit and finds that 20.7 a, -.-res, as. described, are environmentally sensitive. The proposed rezoning would eliminate the R-lMP and C -1A, Restricted Commercial districts which do not conform to the Comprehensive Plan. The R-3, Multiple -Family district allows a maximum density of 15 units/acre which exceeds the 6 units/ acre allowed under the Comprehensive Plan. In addition, development of the subject property in conventional housi g development at a maximum of 6 units/acre will provide a com- patible land use with both properties to the north and south of the subject property. The environmentally s-ensitive. ii:;�ea in the southeast section of the subject property.•.will provide a visual screen for the development -on 95th Street. Whiie development has some impact OIL exa_st-ing facilities, the R -2D, Multiple Family District assifres an acceptable levE_I-. of development and a compatible land use of the site. RECOMMENDATION: Based on the foregoing discussion, staff recommends approval -of-the request to rezone the subject property from R -11,,P, Mobile Home Park, C;-lA, . Rest: icted Commercial acid R-3 ,- Multiple. Dwelling Dis.tr_ict to R -2D, Multiple Family District. In discussion, it was noted that the density of R -2D is 6 units per acre, and Commissioner Lyons wished to know how the line of demarcation for the environmentally sensitive area was determined. Ms. Johnson reported that this was determined by the use of aerial photos and with the help of the Florida Game and Fresh Water Fish Commission. She,then discussed Depart- ment of Environmental Regulation criteria, noting that certain parts of this property were determined not to be 74 environmentally sensitive, and the applicant received some fill permits. Portions of this property were filled, and some are not completely filled yet. Ms. Johnson continued that they had the DER check the areas that remain and some areas where the drainage was changed, and those areas, which total about 20 acres, will be left in their present condi- tion. The developer will be allowed to transfer those 20 units over to high and dry areas. Staff Planner Johnson explained that once permits are issued, that land is no longer considered truly environmentally sensitive. Some question arose regarding the transfer of develop- ment rights, and Community Development Director King noted that the Comprehensive Plan states that a developer can transfer to an adjacent piece of property which he owns. Attorney Brandenburg commented that while we currently do not have any mechanism for the transfer of development rights, he felt it probable that one will be adopted; although, there is no guaranty that it will be on the level of one unit per one unit. Commissioner Lyons did not feel we should discuss that subject at this time. He wished to know whether the area that has been filled in for some time is.affected by the tidal flow, and Ms. Johnson stated that it is not. Attorney Brandenburg informed the Board that the -devel- oper was required to submit a certified survey delineating the environmentally area. The Chairman asked if anyone wished to be heard. Nathan Davies informed the Board that he owns the lot just south of the subject project, and it.is very low - only about 3' above the level of the river. If there is going to be a considerable amount of fill going into the area to the north of him, he felt there is a strong possibility it will wash down over his property. Mr. Davies noted that the 75 OCT 2 01982 51 PA -023 I r 2 OCT 201982 description given out only described about 25 acres, and he did not see how they could possibly have 72 acres. Ms. Johnson informed him that as part of the submission for rezoning, the applicant is required to provide a sealed survey from a licensed surveyor. Part of this property is environmentally sensitive, and only about 25 acres are developable - the total is 72 acres. Attorney Rene Van de Voorde appeared as agent for the applicant, and offered to answer any questions the Commis- sion might have. Commissioner Lyons wished to have some comment about the drainage_question raised by Mr. Davies. Ms. Johnson stated that, while she could understand Mr. Davies' concern, the land just north of his property is one of the environmentally sensitive areas which basically will be left intact. She further noted that the site plan process has a requirement that the developer retain the first inch of storm water on his property. Mr. Davies pointed out that the environmentally sensi- tive area to the north of him does not extend as far to the west as his property. Commissioner Fletcher commented that survey area "C South" designates 2.52 acres; "D" designates 4.81 acres; but "C North" does not have an acreage designation. Attorney Van De Voorde informed him that the survey which the staff has does show this acreage, and'Ms. Johnson confirmed that "C North" is designated as 13.39 acres. Commissioner Fletcher raised a question as to whether the canals shown are going to be opened up to the river, and Attorney Van de Voorde stated that there are no connecting canals to the river; although, this may be contemplated. Leonard Hatala, owner of the property to the north of the subject property, stated that he would prefer to see 76 apartments going in on the subject property rather than mobile homes. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously closed the public hearing. Discussion followed about adopting the ordinance, and Attorney Brandenburg suggested that a copy of the environ- mentally sensitive survey be attached to the Ordinance and that it be made clear that area only can be developed at the Comprehensive Plan maximum, - one dwelling per acre. Commissioner Fletcher next inquired about provisions for water ,and sewer and wished to know why this was con- sidered after grantinga rezoning rather than before. Chairman Scurlock felt the problem is that we really don't have figures to base it on since the granting of the rezoning does not necessarily mean the property will be developed at maximum capacity. Mr. King stated that there will be consideration of the maximum project capacity of development and whether there will be water and sewer available to handle that impact and whether septic tanks can handle it, etc., but he did not feel it is possible to get down to the site plan issues in great detail until the time of site plan submission. Commissioner Fletcher believed this is what the adjoin- ing property owners really would like to know. He commented that we hold a public hearing to determine.land use so the adjoining property owners can get a sense -of what their new neighbors will be, and, in his view, the method in which we are going about this is backwards. He continued that by granting the proposed rezoning, we would be granting the developer the right to build 6 units per acre even though we 77 1 1 • 51 PAGE"I 0 CT 2 01982 R 51 72 are not sure what the land can do about absorbing waste or run off, etc. Lengthy discussion ensued, and it was pointed out that the developer only has the right to build to that extent if he can meet all the other requirements that are in effect, including DER standards, health standards, etc. Mr. King stressed that development is a step by step process, and the developer wants to know the county will approve the use and general density limit before he gets into engineering costs, etc. Discussion continued at length, and it was noted that after the developer starts his plan, he may learn'he cannot build to a certain density. Attorney Brandenburg commented that some jurisdictions do require a a certification that water and sewer can be provided at the density being requested, and they also can require having a site plan already worked out. This juris- diction, however, has a bifurcated process. He stated that it is really a choice of philosophy and how you structure your zoning -code. Commissioner Fletcher noted that we then apparently do have the option to turn this around and asked how the Board members felt"about this. It was generally indicated that the Board members would be willing to consider it, but that they had many questions as to whether this would put us in a better position or not. Commissioner Lyons felt there could not be a worse time to change our system than when we are in the process of changing from the old Master Plan to the new one, and he recommended that we accomplish that transition first and then take another look at Commissioner Fletcher's proposal rather than going off on another tangent at this time. It was generally felt this should be on a later agenda. 78 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, Commissioner Fletcher voting in opposition and Commissioner Bird being absent, the Board by a 3 to 1 vote adopted Ordinance 82-25 rezoning from R-1MP, C-lA, and R-3, to R -2D as requested by Randolph Miller, and instructed that the environmental survey be attached to the ordi- nance with the understanding that the density for the environmentally sensitive areas be one unit per acre. The Environmental Survey is on file in the Office of the Clerk., ORDINANCE NO. 82-25 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: That part of the Northeast quarter of the Southeast quarter of Section 20, Township 31 South, Range 39 East, lying East of U.S. Highway No. 1 and that part of Government lots 3 and 4, Section 21, Township 31 South, Range 39 East, lying East of U.S. Highway No. 1, less the South 215 feet thereof AND ALSO That part of the South one half of Government lot 2, Section 21, Township 31 South, Range 39 East, described as follows, to -wit: Commence at a point on the South line of said Government lot 2 where the same is intersected by the East boundary line of Palmetto Avenue, a dedicated street in Tropicana Eomesitee, a subdivision of Indian River County, Florlda,,as per plat thereof in Plat Book 4, page 20, Public Records of IAdian ] vez County, .''lox.da; said point being the OCT 2 01982 *79 OCT 2 01992 728 . - enm rux� � �� a�cM_ ;rc�u#h b g clary° lire of said. =f n.t: lot Z a: d� .oe= cif 2L0 few to the Point of Begg- 7 hoz maul Point of Beginning, thence run Northerly parto the --West h- undary line of said Government lot 2 a dce of 460 feet; thence Easterly and paralled to the Souundary line of said Government lot 2 a distance of 140 feet; thence Northerly and parallel to the West boundary line of Government lot 2 a distance of 200 feet, more or less, to -the North boundary line of the South half of Government lot 2, Section 21, Township 31 South, Range 39 East; thence Easterly and parallel to the South boundary line of said Government lot 2 to the West shore of the Indian River; thence Southeasterly meandering to the West shore of the Indian River to its point of intersection with the South boundary line of said Government lot 2; thence Westerly along the South boundary line of Government lot 2 to the point of beginning, LESS the North 10 feet thereof previously conveyed to the State of Florida in Official Record Book 5, page 24, Indian River County, Florida, records. TOGETHER WITH an easement for ingress and egress to and from the above described property to and from Palmetto Avenue, the dedicated street in Tropicana Homesites described in this instrument, .on and over that part of the South half of Government lot 2, Section 21, Township 31 South, Range 39 East, which would be an extension Easterly of the two other dedicated streets in said subdivision entitled North Tropicana Drive and South Tropicana Drive on said plat of said subdivision, all as shown in Plat Book 41 page 20. Said easements extending Easterly from Palmetto avenue to the property herein conveyed. AND ALSO That part of the South half of Government Lot 2, Section 21, Township 31 South, Range 39 East, described as follows: Beginning at a point of., a South line of said Government Lot 2 where the,same is',tersected by the East boundary line of Palmetto Avenue,..a!dediclated�street in Tropicana Homesites, according to plat thereof recorded in Plat Book 4, page 20, Public Records of Indian River County, Florida, said point also being the Southeast corner of the subdivision as set forth on said plat; thence run Easterly along the South boundary of said Government Lot 2 a distance of 210 feet; thence Northerly and paralled to the West boundary of said Government Lot 2 a distance of 460 feet; thence Easterly and parallel to the South boundary of Government Lot 2 a distance of 140 feet; thence Northerly and parallel to the West boundary of Government Lot 2 a distance of 200 feet, more or less, to the North boundary of the South half of Government Lot 2; thence Westerly and parallel to the South boundary of Government Lot 2 a distance of 50 feet; thence Southerly and paralled to the West boundary of Government Lot 2 a distance of 130 feet; thence Westerly and parallel to the South boundary of Government Lot 2 a distance of 300 feet to the East boundary of Palmetto Avenue; thence Southerly along the East boundary of Palmetto Avenue and parallel to the West boundary of Government Lot 2 a distance of 530 feet, more or less, to the Point of Beginning, LESS the North 10 feet thereof. Be changed from R-1MP, Mobile Home Park, C-lA, Restricted Commercial, and R-3, Multiple -Dwelling District to R -2D, Multi -Family District. * There are 20.67 acres within the above described property which are designated as Environmentally Sensitive under the provisions of the Land Use Element adopted January 6, 1982. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect October 26, 1982. * Description of Environmentally Sensitive Areas, which 'cannot be eveloped at more than per acre, and surveying out same attached. 80 Land -'.•+.'' Y,, u 112.5 ift STREET. SUITE O P. 0. BM 1677 •• VERO fWACH, FLORIDA 32960 TELEPHONE: 562-4746 • , ti • 14'PI, 1• • ; ,rE33jPTION Fb'R. EM'IRCNMMTAI-U SErISITI�. AREA "C" OWN T. Coalmencing at .the intersection of the North line of the_ South 2'-5 fest of Government lot 4, Section 21, Township 31 South, :Range 39 East and the East -right-of-way line of U.S. High -.ray No. 1, run East (assumed bearing for 'description purposes) along said North.l.ine, 1318.1 feet to the Point of ng..From the. P.0 B. , run North 3?°'8t• 320 fest to a point of curvature of .a curve concave Southerly and having a radius of 60 feet; thence zvii,42.94 feet along the azo of said curve through a central a^.ale of 410 00' I. thence xirlSouth 590 14, East 225,39 feet; thence North 610 05' 40" East, 120 deet; thence South -280 54' 20" est, 250 feet to the aforesaid North line of South 215 feet; thence West along said line 650 feet to the Point of Begirnir-E. All of the above situate in indian Fd -ver County, Florida. and contiini g 2. j2 acres, *lore or less. Description for Environmentally Sensitive Area C (Korth) „til d lying ' ►sterly of the -Tollowing described line: Beginning at po�t.1085 feet East' (assumed boxing for description purposes) of the ,'southwe3t :comer of government nt loot Z, section 21, to mship 31 south, range 3? N. 70°00' E., 50 feet;. thence N. 20 OC' East, zu�'r• N . 20000' W., 170 feet; thence , ° 200 feet; thence .30 feet; thence S. 70000 W., 50 feet; thence N. 20 00' W., • West 100 -feet; thence N. 20000' W.,,170 feet; thence '�iest, � feet; thence Nor'�h to tYie -feeDj;th line of the North 10 fbet of the South half of said Government lot No., Ci.G r -e- S � �.Cs- e Cr- LC 4-O . OCT 2 01992 x 51 eAGE 729 �pA% OCT 20 1982� -. -��=1 730 ten" = Commencing at ths.'Northwest corner of Government Lot 4, Section 21, TO,6up. 31 South, Range 39 East, run Emst (assumed bearing for description purposes)' along the North line of said Government lot 4, 1585.17. feet; thence South 290'14' 10" East, 270 feet to the Point of Beginning. From the P.O.B., continue South 290 1.4' 10" East, 685. feet 'to a point of curvature of a curve concave Westerly and having a radius of 50 feet; thence Southerly 63 feet along.the arc of said curve �througha central angle of 720 11' 25" to a. mint Of compound curvature of 'a-curve concave Northerly and having a radius of +75 feet; thence Westerly 150.99 feet along the are of said curve through a central angle of 490 26' 11"; thence North 290 14' 10" West, 100 feet; thence North 380 i 0311 52" West, 521.12 feet; thence North 290 14' 10" West, 330 feet to a point i of curvature of a curve concave Easterly and having a radius of 50 feet; thence Northerly 104.05 feet along the arc of said curve through a central angle of 1190 14' 10"; thence East 9019 feet to a point on a curve concave Northeasterly having a radius of 240 feet and a radial.line bearing Worth 680 37' East; thence Southeasterly 268.99 feet along the arc of said curve through. a central angle of 640 13' to the Point of Beginning. . All the above situate in Indian-Rivet County, Florida and containing 1t.8facres, more or less. PROPOSAL BY SOUTHERN BELL RE UPDATING THE TELEPHONE SYSTEM Chairman Scurlock asked if staff had reviewed the proposal of Southern Bell, and Administrator Wright stated that the gentlemen from Southern Bell asked to appear before the Board. Marcus McEwen of Southern Bell informed the Board that they were called by staff, and this was staff initiated. He then gave a detailed presentation, explaining that staff's concern was long distance abuse and the inability to track calls on the present system because of Suncom which only records one out of every five calls for billing purposes. He reported that it is generally found that a local govern- ment using Suncom looks at anywhere from 20-30% abuse of long distance, and the long distance feature they are proposing to add should lower this abuse to about 50, which would amount to a saving of $200-300 a month. 82 Mr. McEwen then informed the Board of the dissatisfaction of the Tax Collector, the Property Appraiser, and the Supervisor of Elections, with the present system where all calls come in through the main switchboard. They state this has resulted in complaints by the public since in busy offices, they are frequently getting busy signals, calls are misdirected, etc. Supervisor of Elections Rosemary Richey reported that people at the polls had a problem getting through to her on Election Day, and some left and did not vote. Mr. McEwen felt this problem could be corrected by upgrading the system so the Tax Collector's office and the others mentioned could ehch have their own number instead of the main number at the switchboard, and this also would take a burden off the switchboard operator. This would be an $8,000 one time charge -and $440 a month additional; they just need to put in a bigger computer. Considerable discussion ensued re the problem of tracking long distance calls and the complaints of the various Constitutional Officers, and Commissioner Lyons stated that what bothered him is that after installing a phone system as recommended by Southern Bell, it now appears that system isn't what we should have. Commissioner Wodtke agreed with Commissioner Lyons, noting that we have not been in this Administration Building a year, and we bought what we were told was the -most sophis- ticated system with one switchboard handling all the calls and only one operator. He wished to know if we are now at the capacity where we will require an additional switchboard operator. Bob Evans, manager of the Local Government Department of Southern Bell, informed the Board that the County still has the best "switch" they have to offer. Since this system was put in, however, they have come up with new software and new capability which will ,allow -them to change the software OCT 20 1982 A 51 F* 7a�1 1 OCT 20 1982 program (not the -switch) to provide new memory support packs which will allow the machine to track and locate the long distance calls. The change required is not because they did not give the county the right switch the first time, but because of advanced technology. As to the need for an additional switchboard operator, Mr. Evans informed the Board that, based on the information they have, the call load has increased substantially from a year ago. There obviously are two ways to address this problem - employ another attendant with another console to handle the calls or put in new software. He noted that there is a trade-off in price - either you pay for the additional attendant or the software, and the county must decide what is most effective for their system. While upgrading the system will not allow the switchboard to handle more calls, some of them could be offloaded. Commissioner Lyons noted that one of the reasons we went to this system was because of the ability to transfer calls. Mr. Evans assured him that with the new system, there still would be the ability to transfer calls, and Mr. McEwen explained that there currently are 20 lines coming into the system. It would be possible to give 5 lines to the Tax Collector's office, for instance, give the Property Apprais- er 2 lines, and the Supervisor of Elections 2, and still leave 11 lines on the switchboard. He agreed the purpose is to keep everybody in the system and did not believe it would be necessary to add any more trunks to the present system. Commissioner Wodtke noted that we basically would be buying a new computer program to replace what is in the system now, and he wondered what credit we would get for what was pulled out. 84 Mr. Evans explained that they would not be pulling anything out, but would just upgrade, changing the memory to a larger memory; the County would get a printer plus soft- ware to reroute to separate locations, and the printer is included in the price. Acting General Services Director Lynn Williams informed the Board that the presentation today was meant to be an informational type thing; staff did not receive the proposal in time to do any cost analysis; and he would like to study it further. He noted that there are an average 1,200-1,300 calls daily, which is a big load. Administrator Wright concurred that what staff desired was to have the Board aware of the problems and then come back with.a further analysis. It was agreed that the Board needed the staff's analy- sis and also would like to have some direct communication from the Constitutional Officers re their problem DISCUSSION RE REVISION OF SCHEDULE OF BUILDING PERMIT FEES Thomas Nason, Finance Director of the City of Vero Beach, commented that the rates set out in the proposed resolution are essentially those from the City of Vero Beach, and these were included in the budget of the Building Department that was submitted prior to the end of September. This is more or less a stop gap measure, but he believed it is the best solution at this point without going into exhaustive studies. He continued that they are -running studies for the combination of the City and County Building organizations, but it was his belief that the Resolution as presented would keep the Building Department fiscally sound until April or May when the fees would be further reviewed. Mr. Nason reported that at present the Building Department is losing approximately $7,000 a month. OCT 2 01982 51. FA' 033 0 C T 2 01992 = 5. AU Motion was made by Commissiomer Lyons, seconded by Commissioner Wodtke for purposes of discussion, to adopt the proposed Resolution revising the building permit fees and schedule as shown in the agenda material. Discussion ensued as to what Ifect the proposed planning inspection fee would have on the permitting required for an average house, and Building Director Esther Rymer stated that it would increase the cost about 50%. She: explained that, in the Standard Building code Schedule, the planning inspection fee is half of the building permit fee. Mrs. Rymer continued at at present they have no fee for plans to be approved, although, they have a man on staff for that purpose. They run into problems on projects where they process plans and the developer's financing falls through; he doesn't pick up a building permit; and the department, therefore, never gets paid for their work. Lengthy discussion followed regarding the fact that someone with a $125,000 house, for instance which would have basically the same number of inspections as a $100,000 house, would be penalized for building a nicer home. Mrs. Rymer agreed, but felt some things will offset others. Mr. Nason noted that we must set fees that are equitable for the most and pointed out that architecturally designed houses will be more expensive than those that are mirror images of each other on the block. Commissioner Fletcher continued to discuss inspection and quality control, etc., and doubted that staff had the ability, for instance, to check an engineered structured - truss that is cantilevered. It was his belief that the Building Department is attempting to justify fees based on the cost of the house rather than the cost to the department re inspections. He suggested that they take the cost of the department divided by the number of requests that come into their office and establish a rate in that way. 86 Mr. Nason did not agree. He pointed out that the Southern Standard Building Code has specifications covering all type of structures, including cantilevered, and the more .complex your house, the more complex the utilities system, etc.; so, rather than charge an individual fee, they try to charge a fee that is representative. As to establishing a fee based on the number of applications received, Mr. Nason noted that they might have 3,000 applications one year and only 2,000 the next. Commissioner Lyons emphasized that he made his Motion to adopt the proposed fees based on the premise that there is going to be an in-depth study of these rates and that this is an interim situation. We obviously have a problem, and he did not feel it is unreasonable to have the same rates -as the City._ Chairman Scurlock discussed the drop in building activity and questioned if we can continue to support any type organization that is larger than the current need. Mr. Nason reported that they have cut down on person- nel, and he believed they are down to an irreducible minimum for inspection by skilled personnel. He pointed out that although there is not as much activity in new construction, they have many additions and modifications to structures. Detailed discussion followed as to how the Building Department arrives at the cost of construction, and Mrs. Rymer reported that they use a chart produced by the Build- ing Code, which considers types of materials, con- struction, etc.; it is broken down into categories, and there are different evaluations for different parts of the state. She believed it is a fair evaluation, and Administrator Wright stated that it is the most recognized standard criteria available. 37 0 CT 2 01982 WK 51 r�E 735 k SOK.. 738 OCT 20 1982 Commissioner Fletcher asked how this takes into account the fellow who is doing his own building, and Mrs. Rymer explained that such a builder would have to supply a breakdown of what his time is worth and bring in itemized bills, etc., and that is the value put on the permit. Discussion continued as to the need for a thorough study of rates and the need for an accounting as to the use of the surplus created in the past. Discussion then turned to what the permitting costs would be for a typical average house, and Mrs. Rymer informed the Board that for an $86,000 house, for instance, the County fees would amount to $155, which the proposed planning -inspection fee would raise 50%. The fees for the same house in the City of Vero Beach would be $440. Commissioner Wodtke pointed out that if we go from a charge of $155 on an $86,000 house to the City's charge of $440, we would be going up 300%. Debate on the proposed fee structure and figuring of construction costs, etc., continued at length; and the point that this is an enterprise fund which will fund itself and not be on the back of the ad valorem taxpayer was em- phasized. Department costs and the $7,000 per month shortfall were again brought up, and Commissioner Wodtke wished to know how much the proposed rate increase would affect income. Mr. Nason stated that he was estimating about a 60% increase overall based on the level of activity they were experiencing when they were putting the budget together; this includes all the minor things they do such as putting up the little shed, etc. Commissioner Wodtke felt that basically he was saying we are going to balance the department's budget with new construction costs. 88 � � r Mr. Nason agreed, but pointed out that new construction is the area, in his opinion, which is most underfunded when you consider the cost per unit of service that is being `rendered by the department. Commissioner Fletcher questioned the wording on page 3 of the proposed ordinance: "Said planning checking fee shall be 1/2 of the fee as set forth in Section 107..." Mrs. Rymer felt that 107 may be a City number, and Attorney Brandenburg agreed that is an error and should be corrected. Mrs. Rymer then addressed the question raised by Commissioner Lyons as to the statement on Page 2 of the proposed Ordinance: ".034�/square foot/100 square feet $3.00." She believed this is a typographical error and that it should just read: ".03� per square foot, or a minimum fee of $3.00." Chairman Scurlock stated that he had problems with the proposed rates, but he did not have a better approach and did not want to see the Building Department faced with a deficit. Michael Wodtke, interested citizen, took the floor and stated that he did not want the county to go on a parity with the City of Vero Beach. While he believed there may be a need for some increase, he did not feel the fees should be increased 50%. Commissioner Wodtke stated that he realized we have a short fall, but he did not believe it is sufficient to justify a 300% increase in fees for a typical house, especially when the housing industry and construction are facing depressed times. Administrator Wright felt that Commissioner Wodtke was looking at just one part of the whole scheme, and Mr. Nason emphasized that the Bu;lding Department is going to need new OCT2 01982 51 PAGE 7,37 OCT 20 1x:; , : 5 982 vehicles next year to replace theirs which are 5 years old, and they must fully cost for enterprise. Discussion then ensued as to approaching this by increasing the fee structure 60%, for instance, and then readdressing the fee structure after the effects of such a raise can be evaluated. The need for the planning checking fee was also mentioned. Commissioner Lyons withdrew his Motion and Commissioner: '•Wodtke withdrew his second. Commissioner Wodtke strongly recommended that we add a planning inspection fee, and possibly we might then only need a 30% increase. He hoped we -could get this structure to a position that is comfortable to live with until we get through a joint study and determine where the City and the County are heading in regard to the Building Department. Commissioner Fletcher questioned the'need to inspect work done by certified architects and engineers, and felt they take advantage of these inspections for the purpose'of exempting them from liability. He saw no 'need to double check on professionals. It was noted that the engineers and architects are not generally on the job site; also that only about 30% of the plans submitted are architect sealed; and Attorney Brandenburg stated that once the County initiates a program of inspection, it must be carried out in a professional, non -negligent manner, and we.cannot rely on anyone else. Finance Director Barton stressed the need to make the charges uniform and alleviate the operational problems - involved with determining where property is located and what fees apply. He further stressed that the City intends to bill the County for their shortfall, and he did not believe we have the money to fund this. Mr. Barton urged that the Board make their fees the same as those of the City. 90 Commissioner Lyons agreed that it is extremely confusing to have two different rates in a department that does the same job, although for different entities. He -emphasized that we are faced with a shortfall, and he felt we should make the rates uniform; then if it turns out they are wrong, it can be settled when the study is completed. Mr. King and Finance Director Barton reported that Peter Robinson, President of Treasure Coast Builders Association, favored the County and City having the same fee structure. The Board continued to debate the pros and cons of the proposed rate increase at length. MOTION WAS 1ADE by Commissioner Lyons, 4 SECONDED by Commissioner Wodtke, to adopt a rate structure that would increase our structure by 600, and, in addition, to have a planning inspection fee figured on the same basis as the City of Vero Beach. Argument continued as to the need for a percentage increase plus the addition of a planning.inspection fee. Commissioner Lyons and Commissioner Wodtke agreed to delete the 60% increase and reword their Motion as follows: MOTION WAS -MADE by COMMISSIONER Lyons, SECONDED by Commissioner Wodtke, to incorporate in the County rate structure, a plan inspection fee, using the same method used by the City of Vero Beach, and then get a proposal on the rest of the rate structure. THE CHAIRMAN CHILLED FOR THE QUESTION. It was voted on and carried 22 to .xi ��� Cmalssioner _91 etc 51 PAGE""O OCT 2 019-8Z Fletcher voting i=t oppo:si.tiow and Commissioner Bird being absent. REPORT BY JOHN ASHCRAFT, COMMU'_;ITY MENTAL HEALTH CENTER Mr. Ashcraft, Executive D`.rector of the Indian River Community Health Center, inforned the Board that they have a crisis in in-patient conditions; the State Hospital does not have enough beds; as a repercussion from that situation, the.- -Center does not have enough beds; and most importantly, this problem is impacting law enforcement. When law enforcement officers bring patients in as a result of a court order, they are unable to find beds fcr them even after calling around the state, and sometimes the officer will have to bring the patient back to where he came from. It is a very serious situation; it wastes the officer's valuable time, and the Sheriffs and the Judges are unhappy. Mr. Ashcraft suggested as a possible solution, that the four counties get their Sheriffs together to consider pooling funds to put together a small transportation system which the Health Center could operate; he believed it would save everyone a lot of money. Chairman Scurlock noted that, in other words, it would be a joint effort of the counties to purchase some transportation and get this burden off the law enforcement officers. He felt we should have the Administrator generate some facts on this and contact other counties. The Board agreed. COUNTY JAIL IMPROVEMENTS - ELECTRICAL WORK The Board reviewed the following memo from the Public Works Director: 92 TO: The Honorable Members of ®ATE: October 12,_ 1982 FILE: the Board of County Commissioners THRU:•-Michael Wright, County -Administrator SUBJECT: Request for Partial Payment - Indian River County Jail. Improvements --Bid Item No. 5, Electrical - Paul White Electric Inc. FROM: - James W. Davis;. REFERENCES: + .�. _ Public Works Director DESCRIPTION .AND CONDITIONS The Electrical Contractor for the Jail Renovation, Paul White Electric, Inc. is -requesting a partial Payment in the amount of $8,316.40 for supplying the Electrical service to the HVAC units. At this time, the Electrical work is complete for the Air Conditioning Service, however, the Electrical work for the lighting and gate controller is being delayed due to shipping delays of the light fixtures.. The original time of completion was August 18, 1982. The Contract does not contain provisions for partial payment. ALTERNATIVES AND ANAQiLYSIS Since the Contractor has been delayed due to manufacturing of the security light fixtures, the Public Works Division recognizes that a Partial Payment"is justified. Since certain gate control electrical work has not been performed, the partial payment should .not include $100 for this work. Further, the County policy is to withhold loo until final payment. The final alternatives are presented: Alternative No. 1 Issue partial payment to White Electric as follows: Bid Item No. 5a - Furnish all labor, materials, etc. for AC units 2,3,4, and. 5 and provide gate control circ-utit $5,179.00 Less amount for providing gate control circuit $ 100.00 Subtotal $50079.00 Bid Item 5 d AC 6 $ 391.00 Did Item 5 e AC 1 $ 302.00 Bid Item 5 f AC 7 $ 391.00 Work under Change Order 8122-5-1 1,160.00 Work under Change Order 8122-5--2 893.40 Subtotal $8,216.40 Less 10% $ 821.64 $7,394.76 Alternative No. 2 Issue partial payment in the amount of $8,216.40 for 100% of work -completed to date,. RECOMMENDATIONS AND FUNDING It is recommended that Alternative -No. 1 be approved and partial payment be awarded to Paul White <l;lectx- !c, :Inc. in the amount of $7,394.76, No time a ten_-jo s tm, ,_fie x*nsidered until Final Payment As moues ed_ D_3 OCT 2 01982 K 51 FACE 741 5 uu742 w, ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously approved Alternative No. 1 as recommended by Public Works Director Davis. NEW SECURITY DOOR FOR COUNTY JAIL Public Works Director Davis reviewed his recommendation as follows, stressing that it would be most economical to buy the door direct from the factory and then have it installed. He reported that there is someone available in West Palm who can install it for $800.00. T®: The Honorable Members of the ®ATE: October 7,1798-1 FILE: - Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: New Security Door for County Jail FROM: James W. Davis, P.;.9z". REFERENCES: Letter of William R. Merritt, , : -_ Public Works Director Roanokb Iron •.arsd Bridge .Works, Int, y to Jim Davis dated Sept. 30, 1981 DESCRIPTION AND CONDITIONS The Florida -Department of Corrections notified the Jail Administrator and Sheriff last year that a secure door is required at the North Jail Entrance so that officers can place their weapon in a lock box located in a secure vestibule prior to admitting a prisoner into the jail. As a result of this requirement, the archi- tect designing the Jail renovation included the door in the design; In June, 1982, the project was let for bids, but no bidders bid.on the door. The -.County tried to negotiate a bid with Barry's Ornamental Iron Works, Inc., but the negotiated price of $59788. was rejected by the Board of County Commissioners during the month of July, 1982 as being too high. At the request of the Board, the Public Works De- partment has received a written quotation from Roanoke Iron and Bridge Works, Inc., for an approved steel door meeting all specifications at a cost of'$3,234.*-(deliv- ered). The manufacturer states that installation cost should not exceed $600, ALTERNATIVES AND ANALYSIS Since the above subject door is required by the Florida D.O.C'.,• its purchase and installation is necessary to bring -the jail -into compliance. The following alternatives are presented: _ 94 Alternative No. 1. Approve the purchase of the door from Roanoke Iron and Bridge Works:in the amount of $3,2.34. Delivery date is 14 weeks. !Once the door is received by the county, prices can be obta.jnrd from• qualified contracts)-. S - I;o it 5t; -all the door. . Alternnative No. 2, • Receive.additional quotations. Due to the electric Nock requirement and the - security' nature .of the door, . 4here are :Fe -r suppliers. RECOMMATIONS AND FUNDING It is recommended that the Board of County Commissioners approve the purchase of the $3,234. secure steel door from Roanoke Iron and Bridge Works, Inc., and that the staff be authorized to order the door. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to accept the.recommendation of staff to purchase a security door for the County Jail from Roanoake Iron and Bridge Works for an amount of $3,234, installation not to ex- ceed $800. Commissioner Wodtke asked if this door is a mandatory requirement, and Public Works Director Davis stated that it is - it provides the jail officer a secure area to deposit his gun, etc. Commissioner Wodtke wished to know if this door can be used in building the new jail, and Mr. Davis confirmed that it can be relocated. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. FINAL PAYMENT - A/C FOR COUNTY JAIL Mr. Davis reviewed his recommendation, as follows, noting that the account number should -be corrected;; _9, OCT 201982 x 51 pw 7 x 51 74 4. T0.-ofThe Honorable Members tF�tc 87r-: _n FILE --- Board of County Commissioners THRU: Michael Wright, County Administrator :..4 SUBJECT. Indian River.County Jail ,Improvements IndiannRiver Count, Project # 812. - Request for Final Payment.- B i d 1,tem #4 , HVA`' B ' FROM: -James W. Davis, p,,E , I�IEFERE VA' CiES: Albert Jay.'Colkitt- k..:Jr . , Col,: 1 Public Works Director' Sheet Metal and Ai=eonditio.n:i nc to .James W.•'Davis dated September 29, 1982-- DESCRIPTION 98 DESCRIPTION AND CONDITIONS In accordance with the contract executed on August 9, 1982, between Colkitt Sheet Metal and Air Conditioning, Inc.,:and Indian River -County, Florida, the Contractor has informed the -County that all materials and labor has been supplied for the subject project. As the notice to proceed was issued on August 9, 1982, work was to have -been completed or or before September 8, 1982. 'ALTERNATIVES AND ANALYSIS Inspection of the work on October 7, 1982 by Lynn Williams '(Building Maintenance Supervisor), Rex Myers (Building Maintenance Foreman), and Jim Davis revealed that the units have been installed in conformance with the contract documents. The Jail Administrator, Capt. Baird, has approved the installation, and.the Architect's HVAC Engineer, William Cox, has approved the specifications of the - units subject to minor notations which have been transmitted to the Contractor. -The Contractor could not complete the work by September 8, 1982, due to the Electrical Contractor havingdifficulties° It is therefore the Public Works Division's opinion that--a-time exten­ sion of 21 days is justifiable. The following alternatives are presented .- --Alternative No-.-- 1 - Approve -Tin al:.payment,-in the cLmount of -:$1 -3,x038. --for Fid 'item- No. 4i HVAC. .approve a time extension to-•'.che -original- contract of 21 days. %Alternative No. 2 -- Approve final payment in the amount of $13;958.. Deny the -21 -day time extension and apply liqui- ..:•_.dated damages. RECOMMENDATION AND FUNDING _ It is recommended that Alternative No. i be approved and the following action be taken: • 1) Approve -final payment to Colkitt Sheet Metal and Air Conditioning, Inc., in the amount of $13,958. foi Bid .Item No. 4, HVAC, Project No. 8122. 2). Approve•a 21 day time extension to the original contract. -time of completion. ' 3) Approve funding from Account NO. 001-906-523 Maintenance of County Jail- FY 81-82 unencumbered balance is approximately $40,000. 4) Accept the project as complete. All contractor affidavits and Final paymen� forms have been completed. 96 r � Account Title ON MOTION BY Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously approved Alternative No. 1 as set out in the memo of the Public Works Director dated Octo- ber 8, 1982, including the necessary budget amendment, which is as follows: 'Account Number Cash Forward -October 1st 001-000-389-40.00 B.C.0 Contingencies 001-199-513-99.91 Other Impry - Except Buildings 001-906-523-66.39 OSLO DAYBEACONS Increase $26,300. 62,200. The Board reviewed memo from Don Finney of the Engineering Department: ..Decrease $35,900. TO: Tommy Thomas,I ®ATE: September 2-9•, 1982 FILE: Director Community Se vices Thru: _James Davis, Director Publicf;,rlsa_. `; ' 'SUBJECT: Oslo Daybeacons from Oslo Boat Ramp to the Intracoastal Waterway FROM: Don Finney, �• REFERENCES: Engineering Department I have received U. S. Coast Guard permit approval to construct 12 Daybeacons on 10"x10" concrete pilings in the Indian River. The estimated cost of this project is $8940. I would like to apply for a grant from The Florida -Boating Improvement Program to fund this project. Could you bring this up with the Board of County Commissioners for their approval? I am ready to submit application for permit to.D,E.R., let out for bids, and apply for the grant after their approval. Please advise when 's may prDc.eed with thks project. OCT 2 0199 � { 1 >< 51 PoE745 OCT 2 01982. nx: MOTION WAS MADE BY Commissioner Lyons, SECONDED by Commissioner Wodtke, to authorize the Chairman to sign the appli- cation for a grant from the Florida Boating Improvement Program in the amount of $8940 for 12 Daybeacons from the Oslo Boat Ramp to the Waterway. Commissioner Fletcher inquired about use of turbidity screens, and Mr. Davis did not feel they would be required. Commissioner Fletcher felt in the future, when we start doing buoy marking that would primarily benefit a subdivi- sion, that_we should contact the property owner's association. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. REQUEST FROM RUSSELL CONCRETE FOR PIECE OF PROPERTY BY MID -FLORIDA SITE y The Board studied the following memo from George Liner of the Utility Department: 98 TO: Gary Brandenburg ,123406, DATE: October 1, 1982 FILE: [� J OCT 1982 N RECEIVED N County Attorney's BJECT: Appraisal of land for Easement Office y to Mid -Florida Treatment Plant - desired by Russell Concrete. FROM: George Liner REFERENCES: At the request of Terry Pinto, I am preparing this memo. Russell Concrete; is interested in obtaining a piece of property owned by County Utilities running north of the Mid -Florida Plant Site - shown as Parcel 11V' This parcel is 30 feet wide by 209.96 ± feet long. In this parcel is located a defunct well and 6 inch water main. Luria's Plaza plans to connect to the base of our elevated tower at the Mid -Florida plant through a new 8 inch water main installed in this parcel. I feel that the parcel can be sold to Russell if certain conditions are met which protect the County Utility's interest: T. At least the appraised value of $7,800 be paid for the property, with funds available for Utilities 0 & M. 2. East 15 feet be kept as Utilities easement in perpetuity with maintenance rights to an added five feet if necessary. 3. Luria's (or County) to have access with easement Under Russell's driveway from Luria's Plaza. 4. County will salvage whatever equipment is still usable of the well remaining in present parcel. Whatever can not be used or sold, will be abandoned and can be disposed as Russell sees fit. 5. Construction of any facilities by Russell will not interfere with water main maintenance. With -these provisos, I have no problem with selling the parcel. This land has been under purchase consideration by Mr. Schardt of Russell Concrete through discussions with me and Tommy Thomas in attempting to clear the way for this transaction. They want the land for use as a water recovery facility. If this meets with everyones approval, -please prepare the papers to sell the property. OCT 20 1982 110K 51 PAGE 747 OCT 2 01982- WK 51 pp--74�f 14 _ d �I i1 !� _. o L 0 ! (� N I Q 40 411E V. r rA VK - - 2 TRcATbtEMT P'LAHr o' + 1 as 0 0 'v M /O - FL OR/OA ` me A rmEN T P[. AN T S/ r O a � O. IZ Ac 7R,U�5.1 20' ES/4°i: 13TH LANT� P�euc ��so 100 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to adver- tise the subject property as being available. Chairman Scurlock stated that he had a very firm conviction that every time the County disposes of any property, those funds should be committed for more land. Commissioner Fletcher did not feel it is clear whether the County would like to retain 15' or 20", and Utility Director Terry Pinto explained that they would need 15' permanently and 20' temporarily. Discussion ensued re the fact that you cannot build a structure on this property since the pipe would be running underground, and William Schardt, Vice President of Russell Concrete, pointed out that this property is landlocked and has no ingress or egress except through a private road. Chairman Scurlock noted that the County's concern is access to repair or replace. THE CHAIRMAN CALLED FOR THE QUESTION. It_was voted on and carried unanimously. CHANGE ORDER #8 - PEBBLE BAY WASTEWATER SYSTEM The Board reviewed letter from Engineer Mosby of Sverdrup & Parcel: OCT 2 01982 WK 51 PAGE 749 OCT 2 01982' x. 1 c�,,,F 750 SverdaWp S parcel Svwrdrup and Associates, Inc. 1536 20th Street Vero Beach. Florida 32860 305/562-2082 Engineers October 8, 1982 Arctects Planner Planners Mr. Terry Pinto, Director Utilities Department Indian River County 1840 - 25th Street Vero Beach, FL 32960 Subject: Wastewater System Improvements Pebble Bay Sewerage Area Indian River County, FL Engineer's Project No. 6765 Dear Terry: Enclosed are five (5) original copies of Contract Change Order No. 8 in the amount of $400 to Bain Underground Utilities, Inc. The requested Change Order covers the cost of purchasing and installing two (2) Furnace Class 948 Current Overload Relays in the Control Panel for the Pebble Bay North.Lift Station. This addition is a requirement of the City of Vero Beach. This Contract Change Order has been approved by us and requires the approval and signature of the Indian River County Board of County Com- missioners. Your help in expediting approval of this Change Order will be appreci- ated. Should you -require further information, please call. Very truly yours, SVERDBUP2 & PARCEL AND ASSOCIATES, Inc. V, Randy L. Mosby MOTION WAS MADE BY Commissioner Wodtke, SECONDED by Commissioner Lyons, to approve. Change Order #8 - Pebble Bay Wastewater System, and authorize the signature of the Chairman. Commissioner Fletcher noted that these relays were 102 M M M requested by the City and asked if they are different than in the original drawings. Administrator Wright explained that they were not included in the original drawings. It was not felt we needed them, but the City wants them. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. CONTRACT CHANGE ORDER FORM `•:t ► r" • Contract No. Date October 8, 1982 - Change -Order No. 8 Location Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities You are hereby requested to comply with the following changes from the contract drawings cis specificaticn Item Description of Changes - Quantities, Units, Unit Prices, No. I (,hange in Completion Schedule, Etc. - 1 The Contractor is to install two (2) Furnace Class 948 Current Overload Relays in the Control Panel for the Peb,ple Bay North Lift Station Change in contract price due to this Change Order: Total Decrease Total Increase; Difference between Col. (3) and (4): Net (increase) (56&Ul dyK contract price Decrease in - 'Increase in Contract Price -Contract Pric S z `XXXXXXXXXXX $400.00 .$400.00 XXXXXXXXXXX S 400.00_ S 400.00 _ f400.00 The sum of S 400.00 is hereby added to,'k(1t the total-, contract price, ar the totai adjusted contract price to date thereby .is S 121, 618.35 The time provided for completion in the contract is unchanged;- increasedi 4fc-reased,, y ;� -0- r calendar days. This document shall Become an -amendment t* the mntiM. and all• prtrwisions contract will apply hereto. Accepted by. G w to L ��', oniradorI IDate Recommended by: ` " �, .. •iJ l' -- % 6.7 z-77 �- k nr;inecr Date- xzqueaci -a3►• v ___. Ant OT : Work °pec ' orris d :; d r ; cha ffl , vrd= qp6wt rvr► s ° is Vt}re S.ontramo �AASL M3 OCT 2 0 1982 slx 51 PAGE 751 r OCT2 01982 CHANGE ORDER #2 - SOUTf COUNTY 'CATER SYSTEM 90, 51 72 . Engineer John Robbins reviewed the proposed Change Order, noting that under the 2.7 million bond issue, there was a line item for an 8" water line from 8th AVenue to Oslo Road. It was expected to cost $128,000, but by issuing a Change Order, they can take advantage'of the 1981 prices and have the line installed now. FmHA has given approval for the county to construct the line using the contractor on site, and this would represent a savings of $22,000. Administrator Wright noted that this will get water to Ixora Utilities much quicker, and Engineer Robbins confirmed that doing this now will be both -time saving anddollat saving as explained in detail in his letter of October 15, 1982 to FmHA, which follows: October 15, 1982 Mr. Glenn Walden, State Director Farmers Home Administration P.O. Box 1088 Gainesville, Florida 32602 Subject: Water System Improvements South County Water System .Indian River County, Florida Engineer's Project No. 6858, 6674 Dear Glenn, Sverv- -.-p & Parcel and Associates, Inc. 1998 20th Streel Vero Beach. Florida 32880 308/882-2082 Engineers Architects Planners This letter is in response to our meeting of October the 7th, 1982 and subsequent telephone conversation of Tuesday October 12, 1982 regarding a Change Order to Contract Part I, Distribution System for the above referenced project. As you are aware, Scarborough Constructors is the contractor under Contract Part I for the So4th County Water System. Indian River County is request- ing a contract extension to Scarborough Constructors' contract to perform three items as a contract change to the above referenced project. These items that we discussed in our meeting of October the 7th are as follows: 1. An extension of the 20th Avenue. water line 2. Installation of a 12 inch gate valve at the city limits of Vero Beach which interties the City and the County's water systems 3. Revision to the Mid -Florida tie-in which was a part of the original contract for the South County water system , 104 For your information and reference, we are enclosing three package which was presented to Mr. Michael Wright, County and will be submitted to the Board of County Commissioners Commission meeting scheduled for October 20th, 1982. copies of the Administrator at their County With reference to item #1, 20th Avenue water line extension, please be advised: The 20th Avenue water line extension was shown as a line item for water line improvements which was to become a part of Indian River County's $2.7 million loan request which FHA has approved. Because of certain problems which have developed since Indian River County requested the subsequent loan of $2.7 million, it has become necessary for Indian River County to request this water line extension be added to Scarborough's contract as a part of the D Phase I improvement to South County. The request for the 20th Avenue water line extension is necessitated for the following reasons: a) Indian River County acquired Ixora Utilities from a private Utility Company in an effort to improve water service. The original Utility Company had been cited by the Department of Environmental Regulation because of water quality problems and there have been problems with both the water source and also problems related to the treatment facilities. There have been complaints by the residents of Ixora Park Subdivision of the very poor quality of water. b) Indian River County has a uniform rate ordinance which requires all users of the system to pay the same rate within Indian River County. The residents of this particular system have complained to the Board of County Commissioners at the possibility of having,their rates increased without an increased level of service. By allowing an extension to the existing contract, Indian River County will save in excess of 120 days in being able to provide a better quality of water to the people of Ixora Park. c) The estimated amount of monies under the $2.7 million subsequent loan for the Phase II improvements was estimated at $148,000. By issuing a Contract Change Order to Scarborough Constructors, we will be able to take advantage of unit prices based on bidding in 1981. This will result in an approximate $24,000 savings to Indian River County by utilizing the unit prices which were bid under Contract Part I originally. In summary, the extension for 20th Avenue would provide for a better quality of water to the people of that area, resulting in approximately $24,000 in savings to Indian River County and provide for an increase l;evel_of_service to the people in a much shorter -time frame. Therefore, Indian River County is requesting this Change Order be approved. The monies necessary for this line extension will be paid for originally out of Indian River County's escrowed utility impact fee fund and Indian River County respectfully requests reimbursement out of the $2.7 million subsequent loan for this project,once validation has occurred of the $2.7 million bond program. For your information, the bond validation for this $2.7 million issue has been rescheduled for November 16th, 1982. The second item with respect to this Change Order is the installation of a 12 inch gate valve and box which will intertie the City of Vero Beach's water distribution system and the South County water system. This will allow for emergency interconnection of the two distribution systems. Should either utility experience a problem in the future, water will be able to be transmitted from either system. Monies for this installation of 12 inch gate valve and box will come out of the project contingency fund which was originally set at $175,000. Item #3, the Mid -Florida tie-in was originally included in the South County Water system Phase I improvements. Prior to award of contract, we recom- mended to the Board that this portion of -the work be deleted because the County was unable to _.obtain an easement necessary °fcr the tie-in. Since the contract has been awarded, Indian-- Riverunty 1a -s --brtained an easo- -ment for this tie-in ;..and we respectful l_ re4ijestatbat4Ws tie -at :fie added :back i,:n, Please note.that there in contract g3ri ce as the the, bid _=b, e r were : t re-vlsed en_this 4t m.z Ae-.1 et . a — ant n7 d t L_OCT 2 019 �J K 51 *E 753 r OCT 2 01982 x 51 FP'uF 754 The- entire- mer ff to Scarbarough Constructors consists of $127,361.60. In an effort to complete the 20th Avenue water line extension, the installa- tion of the 12 inch gate valve and to complete the Mid -Florida tie-in, an increase in time of 153 days is also recommended. At this time we are forwarding to you a copy of the Change Order which has been signed .by Sverdrup & Parcel and accepted by Scarborough Constructors. Please note that it has not been executed by the owner. This action is expected to take place on October the 20th. At this time, we are requesting your review of this matter in effort to expedite the installtion of the 20th Avenue water line. After the Commission has taken action on this matter," we will forward to your office 5 original Change Order forms fully executed. We certainly appreciate your efforts in helping expedite this matter as the installation of the water line will result in a much better water quality to the people of the Ixora Subdivision. We would also hope that as soon as Indian River County has taken action on this matter, we will get an immediate response,again in effort to expedite this construction. Should you require further information or clarification, please do not hesitate our office. Very truly yours, SVERRRUP & PARCEL AND ASSOCIATES, Inc. L. J hn A. Robbins ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved Change Order No. 2 - South County Water System (Distribution System) and authorized the signature of the Chairman. Commissioner Wodtke inquired about the recommended increase of 153 days. Engineer Robbins explained that the contractor basically has completed the transmission main and was in the process of demobilizing. During demobilization, Mr. Robbins thought it would be good idea to pursue this avenue and to get a quote from the contractor. This will take an addition 153 days, and it hopefully will have water to Ixora in January. This will not affect the opening of the South County plant. O w. Form FmHA 424-7 UNITED STATES DEPARTMENT OF AGRICULTURE (Rev. 6-11.80) FARMERS HOME ADMINISTRATION CONTRACT CHANGE ORDER 40-R5G9T ORDER NO. CAT —� — • October 11, 198,: STATE — Florida CONTRACT FORSouth County Water System Water, Water System I COUMTY z__ --- I_ , Contract Part I - Distribution system Indian River• Improvements, OWNER Indian River County, Florida To._.._ Scarborough Constructors. Inc. .... ...................................... _».......... (contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price 1. 20th Avenue Water Line Extension 124,611.60 2. Installation of 12 inch Gate Valve and Box 21750.00 3. Mid -Florida Tie -In �0s TOTALS $ ........._.....:»......».:.._» _$j27,361..6Q »_.._ . NET CHANGE IN CONTRACT PRICE S .... ........ :.... _-$..127 361.60 JUSTIFICATION:• See Attachments The amount of the Contract will be (9MMU) (Increased) By The Sum Of: One hundred twentv thousand three hundred sixty one dollars and 60/100 _-T )oItars,(S 127,361 �60 )- The Contract Total Including this and previous Change Ordem Wille: O - million forty three thousand fifty eight dollars and 95/100 - - - - - - _ _ _ �®oll�i$(� 1,03, 405,95 ) �.� The Contract Period Provided for Completion Will Be (Increased) 153 DeyE This document will become a supplement to the contract and all provisions will apply hereto. Requested / (Owner) (Dara) • Recommended ( rsnot's Architect/Enainear) (Dela) Accepted - �.`�,� �— �� , , s' - ... I c: - 1 (Contractor) (Date) Approved By FmHA (Name and Title) (Dot*) This Information will be used as record of any Number copses required: 4 No further monies or other benefits may be paid out unda; thi. Chang" to the original construction contract. Time to complete: 30 min. program unless this report Is completed, and filed as requlrcd oy existing law and regulations (7 C.F.R. Part 1924). aus(iPoaa�roo�s fnijlotct� 6 FmHA 424.7 (Rev. 6.11-80) po•silion. JX7 OCT 2 0 1982 51. Foo 7-5 ATT ONEITTr' "8" SCHMLE CATER- SYSTEM IMPROVEMENTS PART I - DISTRIBUTION SYSTEM 20th AVENUE WATER LINE EXTENSION SOUTH COUNTY WATER SYSTEM Estimated No. Description —�.Luanti t U 3. Furnish and Install $ 6.55 8" PVC 4. Furnish and Install L. F. 8" Ductile; Iron Pipe 8r Furnish and Install 545 20" Ducti;je Iron Pipe 9. Furnish and Install 14,170.00 Ductile Iron or Cast Iron Fitt;(ngs Complete With Concrete Reaction Baking and/or Re- strained ,joints 14. Furnish and Install 6" Gate Valves and Valve Box, Compj,ete 15. Furnish and Install 8" Gate Valves and Valve Box. Umplete 18. Furnish and Install 20" Butterfly Valve and -Valve Box, Complete 20. Furnish and Install Fire Hydrant Assem- blies, Complete 33. Connect Now 8" Water Main to Existing 6" Later main, Complete 36. Construct Asphaltic Concrete Pavement Replacement for Open Cuts 37. Construct Concrete Sidewalk and Drive- way Replacement for Open'Cuts 39.(2) South Relief Canal Bridge Crossing 40.(2 Remobilization & Redemobilization 51. Unit Price mount 10.172 L.. F.. $ 6.55 $_L6.616.60 19 315 L. F. $_1L. OA _ $ 3,150.00 545 - L. F. _ $_ 26.00. $ 14,170.00 4,800 .Lbs. $_Q.- 7 $ 39600_00 19 Ea. $250.00 _ $_ 4,750.00 1•T Ea. $340.00 $ 3,740.00 1 Ea. $1,900.00 L 11900.00 7 -Ea' $ 62_5g00� $� 49375.00 4 _Ea 1%000 $ 400.00 300 L. F. $—___8,00 a $__.L,400.00 125 L. F. $ 10.00 $_ 11250.00 Lump 1 Sunt $ 13,250.00 $ 13,250.00 $; 5,OOQ.00 $ 5,000.00 TOTAL $ 124,611,^60 (1) Bid Item Numbers Correspond to the Original Contract Item Numbers. '(2) New Bid Item 108 � i � ATTACHEMENT "A" JUSTIFICATION OF CHANGE ORDER NO. 2 South County Water System Water System Improvements Contract Part I - Distribution System Indian River County, Florida ITEM 1- 20th Avenue Water Line Extension In order to provide improved water service to the Ixora Subdivision, it is necessary to construct the 20th Avenue water line extension. These improvements will be accomplished by the construction of an 8 inch water line, tying into the existing Mid -Florida system at 8th Street, running south along 20th Avenue to Oslo Road, where it will tie-in to the 20 inch water main from the South County water treatment plant. The contractor has agreed to maintain the tame unit prices as were bid for their original contract for Part I - Distribution System. Two additional items must be added to the bid schedule which are: 1. the bridge crossing at the South Relief Canal, and 2. remobilization and re - demobilization. The item remobilization and redemobilization is justified since the contractor has removed his equipment and crews from the project site. See -Attachment "B"' for the detailed breakdown of the required estimated quantities and cost to:.;conztruct the 20th Avenue water line extension. ITEM 2 - Installation of a 12 inch Gate Valve and Box Indian River County is presently purchasing water from the City of Vero Beach for the South County area. This water is supplied by a 12 inch water line which runs along the west side of Old Dixie Highway, south from the City Limits of Vero Beach. In order to isolate the new South County water system from the City of Vero Beach, it will be necessary to install a 12 inch gate valve and box in the existing 12 inch water line. The contractor has agreed to install this 12 inchgate valve and.box.for an additional cost of $2,750.00. ITEM 3 - Mid -Florida Tie -In The Mid -Florida tie-in was deleted from the original contract prior to the actual award of contract because the necessary easements had not yet been obtained. Indian River County's Legal Department has now obtained all the required,easements so that the Mid - Florida tie-in can be added back in the contractor's original contraQt. The Mid -Florid;. tie-in consists of the installation of a 12 inch water ma n..connect;ing the Mid -Florida elevated storage tank to an existing looped 8 inch water :;i.ne around, the Vero Niall. The cost of this tie-in will be at the same unit prices as quoUd in the;contracttr t original bid. ON MOTION BY Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously agreed to extend the meeting to 5:22 o'clock P.M. CHANGE ORDER NO. 3, SOUTH COUNTY WATER SYSTEM - CONTRACT PART 3 - GULF CONSTRUCTORS Engineer John Robbins reviewed the proposed Change Order, as .follows 3. OCT 2 01992 pox 5-1 w 757 OCT 20 198Z October 15, 1982 Mr. Michael Wright Indian River County Administrator 1840 - 25th Street Vero Beach, Florida 32960 �x 51 �-„� ,� �' °• .� boy � 3t . �� .. Subject: Water System Improvements South County Water System Indian River County, Florida Engineer's Project No. 6858 Dear Michael, rctrw& � and Associate% n nn2ftfibevt veru Beach, harroa XM �s62-�e2 Engmears Architects Planners Enclosed are five (5) original copies of Contract Change Order No. 3 to Gulf Constructors International, Ines original contract for the subject project. This change order covers the construction cost and a•required contract time extension for the items listed below: 1. Revisions to Electrical and Instrumentation 2. Installation of Emergency Generator Fuel Tank 3. Installation of 12 inch CMP Equalization Pipe 4. Additional Painting 5. Gaskets for Sulfuric Acid Gravity Feed Lines An explanation of the work involved for each item is attached to the Contract Change Order. This Contract Change Order has been approved by us and requires the approval and signature of the Indian River, County Board of County Commissioners. Please note that payment for this Contract Change Order will be made from the contingency funds for the subject project. This change order represents a 0.9% increase in the total contract amount. In order to expedite approval of this Contract Change Order, one copy has been forwarded to Farmers Home Administration for their interim review. Once the change order has been approved and signed by the Board, we will transmit the originals to FmHA for official approval. Should you require further information, please call. Very truly yours, SVERDRUP & PARCEL AND ASSOCIATES, Inc. •f 4 / ML4'..- Randy L. Mosby Engineer Robbins explained that when this was bid originally, they utilized a standard design reverse osmosis system, similar to a facility constructed at Cape Coral. The actual equipment, however, was purchased from Water Services of America, and their electrical instrumentation 110 w. requirements were somewhat different than what was originally specified and bid by Gulf. Mr. Robbins continued that they received the revised electrical shop drawings, and their electrical engineer worked with Water Services of America to substantiate that these changes were warranted because of their equipment requirements; it was determined that in order for the system to function correctly, we are looking at an electrical increase of approximately $18,442. He continued that the original completion date was October 30th, and this would put it over to the second week of December at the latest, depending on how soon they can obtain the instrumentation cable. Discussion followed re the fact that the new utility rates will go into effect November lst, and it was noted that the agreement with Vista Properties stated that the existing rates would be charged until the new South Conty system came into effect. Administrator Wright felt this is all the more reason to accelerate the Change Order. Mr. Robbins next informed the Board that when the project was put together originally, they missed the emergency fuel tank on the auxiliary power unit. They provided for this by addendum, but unfortunately, the addendum failed in what it was originally intended to do, which was provide for full installation, and they now are looking at a potential increase in the contract price not to exceed $5,000. Engineer Robbins stated that Sverdrup & Parcel feels they are somewhat responsible for this, and they will take care of it. They also assume responsibility for Item #5, which originally called for rubber gaskets. They now feel these gaskets should be viton due to the degradation from the sulfuric acid, and they will take care of this also. He then explained that the 12" CMP equalization :pipe J -z to pxO-Va' de dry -nage re f rom the JL11 OCT 2 0 1982 wx 51 FA X59 OCT 2 0.198Z i 51 760 retention pond constructed in front of the process building, and it would actually go underneath the access road and over to the "frog.pond," which is an existing low area. He felt it is a good device for potential diversion of storm water. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously approved Change Order No. 3, South County Water System - Contract Part III - Gulf Constructors, with the understanding that the County will receive credit from Sverdrup & Parcel for items 2 and 5. 0 112 11 M M CONTRACT CiiANGE ORDElt Water System Improvements - Contract Part III CONTRACT FOR Reverse Osmosis Equipment Support Facilities OMN6R Tndian River County, Florida M October 14 1'_J,,� STATE Florida COUNTY Indian River .Gu To .....lf Constructor . .................................................... . (Contractuo You are hereby requested to comply with the following changes from the contract plans and specificatiuns: Description of Changes # DECREASE IINCREASE (Supplemental Plans and Specifications Attached) I in Contract Price in Cuntract Price 1. Revisions -to Electrical & Instrumentation $ 2. Installation of Emergency Generator Fuel Tank 3. Installation of 12" CMP Equalization Pipe 4. Additional Painting 5. Gaskets for Sulfuri; Acid Gravity Feed Lines ] USTIFICATIM. 0 See Attochement TOTALS I $ ........... ............... .. $ 18,443.15 5,000.00 4,500.00 1,731.00 1,200.00 30,874.75 30,874.75 The amount of the Contract will be M (Increased) By The Sum Of: Thirty thousand eight hundred and seventy four dollars - - - - - - - - - - - - 75/100 Dollars($ 30,874.75 ) The Contract Total Including this and previous Change Orders Will Be. Three mi 11 i on fi ve hundred thirteen thousand, four hundred ninety four - - 64/100 -Dollars($ 3,513,494.64 The Contract Period Provided for Completion Will Be (Increased) ("X) (44 42 Days. This document will become a supplement to the contract and all provisions will apply hereto. Requested Recommended (Owner's Architect/Engineer) _ Accepted ,� .:, - t� ,�,. 'c ". I (coneractori Approved By FmHA (Name one! Title) No further monies or other benefits may be paw out und'21 111116 program unless this report Is completed and tiled as requtrod by existing law and regulations (7 C.F.R. Part 1924). (Dotal) (Data) (Date) (Data) This Information will be used as record of any I Chanties to tM Original construction contrea. . u.a.ovoa�oo�t to tato Number copies required. 4 Time to complete: 30 min. /gyp •.tlth:. li FMHA 424-7 (Rev. 6-11-tto) OCT 2 01982 WX 51 PA °761 WATER SYSTEM IMPROVEMENTS CONTRACT PART III - REVERSE OSMOSIS EQUIPMENT SUPPORT FACILITIES SOUTH COUNTY WATER SYSTEM INDIAN RIVER COUNTY, FLORIDA ATTACHMENT TO CONTRACT_ CHANGE ORDER NO. 3 The following items are revisions which are required to the Contract Documents and to Gulf Constructors International, Inc.'s original contract, which have resulted in the necessity of this Contract Change Order. Item 1 In order to accommodate the installation of the equipment furnished under Contract Part II by Water Services of America, Inc., it is necessary to modify the original electrical and instrumentation drawings of Gulf, Constructors International, Inc.'s original contract. These modifications result in an increase in the contract amount of $18,443.75. In addition, Gulf Constructors International, Inc.'s electrical subcontractor has requested a,contract time extension of 42 days. This request for a time extension is due to delays in Florida Power And Light providing permanent power to the project site. Item 2 In order to properly install the fuel necessary to make certain revisions to revisions result in an increase in the $5,000.00. I tem 3 tank for the emergency generator, it is. the original Contract Documents. These original contract amount not to exceed In order to improve the on-site drainage of the South County Water Treatment Plant site and to prevent on-site flooding, it is necessary to install a 12 inch corrugated metal equalization pipe with type "E" inlets. This equaliza- tion pipe would connect the retention pond located south of the Control Building to the low, natural retention area located to the east of the Control Building. This item has been discussed with Indian River County's Utilities and Public Works Departments and both Departments are in agreement with the necessity of the equalization pipe. Item 4 In order to properly cover the concrete ceilings of the electrical, mainte- nance and chemical feed rooms, a second coat of Mobile 78 Series paint is required. In addition, the painting of the exterior fluted walls of the emergency generator building is required. Item 5 In order to ensure long life and compatibility of materials for the 93% sulfuric acid chemical feed piping system, it is necessary to replace the installed red rubber gaskets with viton gaskets from the sulfuric acid bulk storage tank to the chemical feed pumps. 114 SETTLEMENT WITH CLYDE HOWARD FOR RIGHT-OF-WAY Attorney Brandenburg reviewed memo of the Assistant County Attorney, as follows, noting that the amount of •settlement should be $1,300, not $1,200: T®' Chairman and Members 6'f ®ATE. October 13;7-1982 FILE: + the Board of County Commissioners G Thru: County.Enginee SUBJECT: 'Report and Recommendation on Clyde Howard -- 16th Avenue-j'--,'Right-of-Way FROM: Christopher J., j24_v ..%. ,FERENCES: Assistaht County Attorney .Background On March 24, 1982, the County Commission considered a long standing matter concerning the ownership of a 500 foot stretch of 16th Avenue right-of-way, being that portion which abuts the Clyde Howard property just south'of 12th Street. At that time, the Board -determined that -some monetary reimbursement was appropriate if, in fact, the use..of. Mr.•Howard's property had been for public road purposes while=Mr. Howard continued to pay taxes on the property. Based upon.discussions.with•the Drainage.District Engineer and attorney, and following review of -an abstract of title for the property in question, it is this office's opinion that Mr.- & Mrs. Clyde Howard are the record title holders to the 40 foot by 500 foot parcel presently serving the County as a right-of-way, and that an express or implied dedication of this 40 feet for public - right-of-way purposes cannot be substantiated. ' The-County--Enginner has recommended acquisition of this :right-of-way to clear any existing title problems and presently ..concurs with the suggestion that payment to the owner of that sum approximating taxes paid in -error to the County during the past 20 years, less the cost of the title review, would be a fair compro- mise. This sum equals. $1,200.00. Recommended Action A settlement in the amount. of $1,200.00 to Mr; ,*& Mrs-. Howard in exchange-for•a-warranty deed for the 40 feet by 500 feet right-of-way parcel is recommended at this time;'with-funding to be as designated previously by the County Engineer. On MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously accepted the recommendation of.the Assistant County Attorney and authorized a settlement in the amount 'of $l,300 itis Myrde 5 owa - 51• OCT 20 198x ���� " � - OCT 20 19 51 F 1 , 764 PREPARATION OF RESOLUTION TO LEGIS TURE:RE ADDITIONAL JUDGE Attorney Brandenburg suggested `that if the Board wished to inform the Legislature that the County would like to have an additional judge, that he be directed to draft a formal resolution to forward to them. Chairman Scurlock directed Attorney Brandenburg to draft such a resolution. REPORT ON SEBASTIAN ANNEXATION Attorney Brandenburg informed the Board that he met with Mayor Flood and the Sebastian City attorney in regard to the Sebastian annexation; they discussed the extension of Stratton Avenue to U.S.1 and the County's feeling that-, under our agreement in the interim on the appeal, that property lies within the county and the City would have to obtain the County's permission to request an FEC railroad crossing. There was discussion of the alternative previously presented that if the City were to annex only property west of U.S.1 and leave the property east of U.S.1 in the county, then the City would not need the County's permission to do what they want with respect to the railroad crossing; the appeal would be dismissed; and that would be the end of the litigation. Attorney Brandenburg continued that the City Council"has scheduled the matter for discussion on tonight's agenda and invited the Chairman and himself to attend. He wished to see if the Board members had any feelings on the matter.. Commissioner Lyons noted that there will be no enclave if their annexation stops on the west side of U.S.1, and -he did not think we would have a valid complaint if they drop the annexation on the other side of the road. Attorney Brandenburg felt Sebastian could go through the annexation over again and .just annex the property to the west, and he would recommend accepting that and then work 116 with the Public Works Department to come up with a suitable course for Stratton Avenue extension itself.. Commissioner Fletcher asked if we went through the appeal process and did not compromise whether the Attorney felt we still would be able to maintain our position re the factor of illegal annexation. Attorney Brandenburg felt if Sebastian were to start a new annexation petition for property just on the west side of U.S.1, our chances of prevailing would be greatly diminished. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously added discussion re the Sebastian annexation to the agenda. Attorney Brandenburg stated that his purpose was to let the Board know that discussions have taken place; that Sebastian may be considering it this evening; and determine whether the Board feels it is an acceptable alternative. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Fletcher for purposes of dis- cussion, that we would not oppose the annexa- tion on the west side of U.S.1 and we will help with the road and we would expect Sebastian to drop the annexation on the east side of U.S.I. Commissioner Fletcher expressed concern as to whether a year from now the City of Sebastian could come back and annex the east side. Attorney Brandenburg stated that if the City extends its boundaries in a sequential manner, they would be doing T OCT 2 019-82 51 `5 OCT 2-0 198Z s�oK 51 7% so in a legal and logic&L manner, and we would not have a good basis to object. Commissioner Fletcher asked if, in effect, we then will not be condoning such finger expansion, and Chairman Scurlock noted that the City has to continue to meet the requirements of the law. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3 to 1 with Commissioner Fletcher voting in opposi- tion and Commissioner Bird being absent. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Fletcher, the Board unani- mously agreed to extend the meeting to 5.35 o'clock P.M. INTERSECTION STUDIES: 43rd AVE/SR 60 & 42nd AVE/SR 60 Commissioner Fletcher referred to the studies done on the above intersections by Traffic Engineer,Michael Orr as set out in his memo of July 12th to the Transportation Planning Committee: 118 TO: Members of the Transportation DATE: July 12, 1982 FILE: TPC Agenda 8-1( Planning Committee FROM: Michael L. Orr, 19f Traffic Engineer SUBJECT:. Intersection Studies: Projgct #T82-01-02 REFERENCES: 43rd•'.Avenue/SR 60 42nd,;Avenue/SR 60 Study of the subject intersections were assigned high priority ("A") by the Transportation Planning Committee during the April, 1982 meeting. The Traffic Engineering Division has investigated the adequacy of existing traffic control at the. intersections of 43rd Avenue and 42nd Avenue with State Road 60 (20th Street). Each of the aforementioned intersections are discussed separately. S+a�u s I 0GTO8CA 14? $Z �. /QeSearG�+�n ro er OavNe�S D1,9bt "h , 0 r,�,mN r-"-0'kW0Y1w'q orual oe- '�420t4y Xvep,ue. 1. r. D. D, T tics Coua7% all cr H �P'rk eA: ' 17 eces sa y f b w�o�r�t�e ��roP /�v'e.r� ue s'.9�•c � R 5 reCam meMC/eof . 42nd AVENUE/ SR 60 I: Description of Conditions._ A. Traffic Volume: Existing approach volumes are summarized in the table below. Volumes for SR 60 are typical for a four -lane divided roadway,'northbound volume is typical of a local road, and southbound relatively high. However, 840 of southbound vehicles turn right, reducing the demand for signalization. Road Direction ADT5 Peak Hour Volume 42nd Avenue Northbound 300 22 Atlantic Blvd. Southbound 1700 188 SR 60 Eastbound 7600 497 SR 60 Westbound 6000 551 B. Accident History: The attached collision diagram (attachment # 1) illustrates the frequency and type of accidents which have occurred at the subject inter- section during the past 41 months. No single accident pattern predominates. There were no injuries nor fatalities. The table below summarizes the accident experience, which is insufficient to warrant signalization based on Manual on Uniform Traffic Control Devices (USDOT, 1976) criteria. Year 1979 .198D 1981 1952 (Jam 1&y) #Accidents O 51 PAGE 76 7 OCT 2 01992 w 51 r> cjr 768. C. Traffic Control: -The intersection o 42nd Avenge/At~iant c Blvd and SR 60 is currently signalized with a two-phase semi -actuated controller. Appar- ently, the intersection was signalized by F.D X.T. when State Road 60 was improved during the late 19601x, involving the redesign of the five -point intersection at 43rd Avenue, -in anticipation of heavy traffic volumes orig- inating from the airport and central business district via Atlantic Boulevard. Signalization analysis based upon warrants presented in the Manual on Uniform Traffic Control Devices (USDOT, 1976) was conducted.. Attachment # 2 compares existing to minimum warrant volumes necessary for signalization. As you will note, existing volumes are insufficient (53% of.warrant volume) to justify signalization. II. Alternatives A. Maintain signalization at 42nd Avenue/Atlantic Boulevard and State Road 60; B. Maintain signalization and coordinate with the system at 43rd Avenue and State Raod 60; or C. Remove signalization. _ III. Recommendation Alternative "C", signal removal, is recommended since signalization warrants are not satisfied and since Atlantic Boulevard is not part of the arterial nor collector system. Several benefits may result: _ 1. Reduction of fuel consumption for vehicles due to elimination of intersectional delay; 2. Reduction of electricity and maintenance costs of signalization to the City of Vero Beach; 3. Potential reduction of rear -end type collisions (2 of the 6 accidents which have occurred were of this type); and 4. Accident frequency is not anticipated to increase. Removal of a traffic signal must involve a procedure to provide.a safe transition in the change of a traffic control device. Signal Removal Procedure: 1. Notify press of scheduled change. 2. Place signal into a flashing mode for 30 days 3. Install STOP signs and STOP AHEAD signs'on-the approaches required to stop. 4. Bag the signal heads for 30 days. S. Monitor the occurance of accidents throughout the interim period (60 days). 6. Remove signal hardware. 7. Maintain normal accident sw veillance. In addition, a significant expansion- in the sight 7dLstarice = 4va.:ilable (ii9 accordance with FDOT standards) at the 42nd Aveniaerapparoaches.is.recommended to provide safer crossing and left -turn maneuvers.' Commissioner Fletcher reported that the business people in the area fear if the signal at 42nd Avnue is removed, there will be problems. Chairman Scurlock felt that the 42nd Street signal actually is a responsibility of the City of Vero Beach. P.M. Commissioner Lyons left the meeting at 5:25 o'clock Public Works Director Davis reviewed their previous analysis of this situation, noting that a new MacDonald's is 120 going to be constructed in this area, and they do not want to pull the signal out until that is constructed. The recommendation now is to improve 43rd Avenue by adding a left turn lane both north and south bound, and they would like to put 42nd Avenue on a holding pattern until after the new construction. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Wodtke, the Board by a 3 to 0 vote, Commissioner Lyons having left the meeting and Commissioner Bird being absent, agreed to accept the recommendation of the ,Public Works Director as above. POST OFFICE REQUESTS CENTRALIZED MAIL DELIVERY BOXES Community Development Director Bruce King went over the memo presented at the October 6th meeting which reported that the Postal Service is discontinuing door-to-door delivery and deliveries will be made only to individual mailboxes located along the street, cluster mailboxes, or horizontal mailboxes. Mr. King noted that we have two situations - one where the installation is going to occur in an existing residential area, and second, where the mail box facility is going to be part of the normal new construction process. Staff recommends that new construction follow the same review process and pay all applicable fees. In exis- ting residential areas, it is recommended that all the fees would be waived if the installation does not have a shelter. If a shelter is involved, then they would be required to get a building permit and inspection and pay the applicable fee. He noted -that he has not reviewed this with the Post Office Department, but had thought they would have a representative at the meetim�g; he did .con st -t1m;ity of Vam Bearh. OCT 20 1982 QEF 70� 51 770 OCT 2 01982 ON MOTION by CommIssioner Pletcher, SECONDED by Commissioner Wodtke, Commis- sioner Lyons having left the meeting and Commissioner Bird being absent, the Board by a 3 to 0 vote, accepted the recommenda- tion of the Community Development Director re mailbox installations. SOUTH COUNTY AND NORTH COUNTY FIRE DISTRICTS The Board of County Commissioners recessed at 5:30 o'clock P.M. in order that the District Board of the South County Fire District might convene. Those Minutes are -being prepared separately. The Board reconvened at 5:37 P.M. and immediately recessed in order that the District Board of the North County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconved at 5:44 o'clock P.M. with the same members present.,,Commissioners Bird and Lyons being absent. BEACH PRESERVATION AND RESTORATION COMMITTEE Commissioner Wodtke reported that he did not have a recommendation at this time for a replacement for Robert Jones on the Beach Preservation and Restoration Committee. He then handed out a list of those who would be going on the trip to the Melbourne area to view the beach restoration -and asked if anyone wished to add to the list. follows: 122 Said list is as r BUS TRIP TO VISIT MELBOURNE AREA BEACHES OCTOBER 28, 1982 BUS CAPACITY: 43 persons BUS ARRIVAL: Will arrive at the County Administration Building 1840 25th Street, Vero Beach, at 8:00 A.M., October 28, 1982 LUNCH: Roman's in Cocoa Beach, Florida, at 12:30 P.M. to 1:00 P.M. - Cost, $6.50 each, tax & tip included TENTATIVE LIST OF PERSON'S ATTENDING: 5 City Council Members 5 County Commission Members City Engineer County Engineer City Manager County Administrator City Planning Director County Planning Director Representative Dale Patchett Kenneth Damerow Fred Rouse Senator Paula Hawkins Ralph Sexton DNR Representative Army Corps of Engineers Brevard County Representative Vero Beach Civic Association Taxpayers Association Audubon Society Chamber of Commerce Vero Beach Jaycees Beach Business Association Board of Realtors Downtown Merchants Association •George Douse Village Spires Property Owners Association Driftwood Properties Racquet Club Property Owners Association PRESS (6) including: WTVX Miami Herald Press Journal Today WGYL WTTB TOTAL: 42 In general conversation, it was suggested that possibly Harbor Branch should have a representative as well as someone from the Town of Indian River Shores, and Commissioner Fletcher suggested that a member of the Association of Concerned Taxpayers (ACS') should be invited to participate- , OCT 2 01982 nn 51:'NF771 71 OCT 2 01982 EMERGENCY MEDICAL SERVICES COMMITTEX K 51 PhC;F 772 ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Wodtke, Commis- sioners Lyons and Bird being absent, the Board by a 3 to 0 vote, appointed Civil Defense Director Lee Nuzie to the Emergency Medical Services Committee. 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. 82318 - 82845 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,5:40 o'clock P.M. Attest: Clerk 124