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HomeMy WebLinkAbout4/20/1983Wednesday, April ,20, -1983 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, April 20, 1983, at 8:30 o'clock A.M. Present were Richard N. Bird, Chairman; Don C. Scurlock, Jr., Vice Chairman; Margaret C. Bowman, and William C. Wodtke, Jr. Absent was Commissioner Patrick B. Lyons, who was out of the country. Also present were Michael J. Wright, County Administrator; L.S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey R. Barton, Finance Director; Dan Fleischman, Bailiff; Barbara Bonnah and Virginia Hargreaves, Deputy Clerks. The Chairman called the meeting to order. Reverend Delmas Copeland, First United Methodist Church, gave the invocation and Commissioner William C. Wodtke, Jr., led the Pledge of Allegiance to the Flag. DELETIONS TO THE AGENDA Finance Director Barton requested Item 6B(2) on the Clerk's Agenda, the recommendation that Eugene C. Schneider be denied a permit to carry a concealed firearm, be removed from today's Agenda, and Administrator Wright advised it would be placed on the Agenda for the next meeting, May 4, 1983. Commissioner Scurlock requested that Item 19D, on the matter of a proposed boat ramp and dock off Wabasso Bridge APR 2 0198-N32 0-41616-� rAPR 20' 01983 BOOK , F'43 Road, be removed from today's Agenda because he was not sure that all the people involved were aware it was scheduled to be discussed today. It was agreed that it would be placed on the Agenda for May 4, 1983. ADDITIONS TO THE AGENDA Administrator Wright requested a discussion on the City raw water line construction be added to today's Agenda under Public Works. ON MOTION by Commissioner Scurlock, SECONDED,by Commissioner Wodtke, the Board unanimously placed the above item on today's Agenda. APPROVAL OF MINUTES ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the Minutes of Regular Meeting of April 6, 1983, as written. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of Special Meeting of March 23, 1983, as written; Commissioner Bowman not voting as she was not a member of the Commission at that time. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of 2 Special Meeting of March 29, 1983, as written; Commissioner Bowman not voting as she was not a member of the Commission at that time. CLERK TO THE BOARD A. Approval of Budget Amendment re Over Budget Accounts The Board reviewed the following memo dated 3/30/83: � March 30, 1g83 �To- Board of County Commissioners From: Jeffrey K. Barton, Finance Director Subject: Over Budget Accounts The following budget amendments are necessary to cover the over -expenditures in these accounts: Postage - Tax Collector's mailing of Tax Bills Legal Services - Payments to Bruce J. Smith for Public Defenders Office Outside Printing - Printing for Circuit Court Judges Account Title Account No. Postage 001-400-513-34.21 Legal Services 001-901-516-33.11 Outside Printing 001-901't516-34.72 Reserve for Contingencies 001-199-513-99.91 Balance in Reserve account $272,795. Increase Decrease 2,049 17,000 200 19,249 Discussion was held on the advisability of approving the $17,000 increase for Legal Services at this time. Attorney Brandenburg reported that the Public Defender's Office has found another source of funding and will be able to bring Bruce Smith back into their office so that we no longer will need to contract for his services. It was agreed the proposed amendment for legal services might be premature, and Finance Director Barton agreed to pull this item off the above budget amendment and further analyze this account. APR 0 353 PAGE231 P I APR 2 01983 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the above budget amendment recommended by Finance Director Jeffrey K. Barton, with the exception of the Legal Services in the amount of $17,000. B. Approval of Concealed Firearm Permits The Board reviewed the following memo dated 4/12/83, noting that the recommendation re Eugene Schneider had been deleted from today's Agenda: TO: The Honorable Members of DATE: April 12, 1983 FILE: the Board of County Commissioners SUBJECT:. PISTOL PERMITS FROM: Michael WrightNtr_(� REFERENCES: County Administr In a memorandum dated April 5, 1983, Freda Wright, Clerk of the Circuit Court forwarded the following applications for pistol permits for: James P. White Donald A. Baldwin Gladys S. Baldwin All requirements of Ordinance 82-27, which.was adopted November 3, 1982 have been met and are,in order. It is recom- mended pistol permits be issued to the above individuals. In the same memorandum, the following application was submitted for a pistol permit. It is recommended a pistol permit be denied for: Eugene C. Schneider In a memorandum dated April 6, 1983, from Freda Wright, the following application was submitted for a pistol permit renewal. It is recommended the renewal be denied for: Lawrence Alfred Ramsey 4 s 0 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the following pistol permit applications. James P. White Donald A. Baldwin Gladys S. Baldwin ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously denied the issuance of a renewal pistol permit to Lawrence Alfred Ramsey. The applicant not being present, Commissioner Scurlock pointed out that there is an appeal procedure and any specific facts in this situation can be heard at that time. CONSENT AGENDA A. Approval of Deputy Appointment by Sheriff Dobeck ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board authorized for the Chairman's signature, the appointment of Deputy Rick B. Matthews, as appointed by Sheriff Dobeck. B. Reports Received and placed on file in the Office of the Clerk: Traffic Violation Bureau - Special Trust Fund - Month of March, 1983 - $39,116.23 Traffic Violations by Name, March, 1983 APR 2 01983 BO,3 F,fir: ' C. Approval of Community Services Block Grant Housing Rehabilitation Program Funding Agreement The Board reviewed the -following memo dated 4-13-83: TO:The Honorable Members of DATE: April 13, 1983 FILE: the Board of County Commissioners THROUGH: Michael Wright County Administrator SUBJECT: Community Services Block Grant Housing Rehabilitation Program Funding Agreement FROM:Edward J. ega REFERENCES: Executive Director IRC Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITIONS The State of Florida Department•of Community Affairs announced in their letter of March 30th, 1983, that our Application for the April 1st, 1983, through September 30th, 1983, Community Services Block Grant (C.S.B.G.) funding cycle has been accepted. They have forwarded a copy of the Department's Contract for execution by the Chairman of the Board of County'Commissioners. Because of a change in the federal law, only one-fifth of the fund- ing originally legislated for local government is available in Florida this year. Our pro -rata share for the period indicated is $7,158. The Indian River County Housing Authority is the non-profit subgrtee for the Indian River County Board of County Commissioners. The p ogram covered under this Grant will provide rehabilitation consul ing services which will activate rehabilitation funding from private institutional and governmental sources. The Farmers Home Administration Section 504 Program provides housing rehabilitation funds in the form of (1) low-interest loans, (2) loans and grants, and (3) grants to elderly. There are 315 owner -occupied substandard housing units suitable for rehabilitation in Indian River County. Low-income and elderly families lack the money to make their homes safe and sanitary. This Pilot Housing Rehabilitation Program will start in one of the oldest minority areas of Gifford known as Geoffrey Subdivision. There are 98 dwelling units in the Subdivision, most of which are substandard. Approximately 21 units are owner -occupied. tae plan to assist 16 low-income and elderly owners in bringing their homes up to safe and sanitary standards. ALTERYA- TIVES AND ANALYSIS This is our first funding under legislation passed by Congress which consolidates various social programs into block grant categories for administration by the state and local government. Funds not applied for from the Community Services Block Grant Program will be redistrib- uted among counties that make application. C RECOMMENDATION AND FUNDING We respectfully request that the County Commission authorize its Chairman to execute the Community Services Block Grant Program Agree- ment with the State of Florida Department of Community Affairs. This start-up program will bring about improvements in safety and san- itation for 16 homeowners. The average cost of improvements will be approximately $2,000 per unit. The $7,158 Grant plus $1,842 of cash and in-kind contributions by the Housing Authority would be supplemented with about $32,000 in loans and grants from the Farmers Home Administration Section 504. This Pilot Program requires no additional County funds. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized for the Chairman's signature the approval of the Community Block Grant Housing Rehabilitation Program Funding Agreement. Copy of said Agreement is on file in the Office of the Clerk. D. Approval of Indian River County Interim Nuclear Civil Protection Plan The Board reviewed the following memo dated 4/12/83: APR 2 01983 53 PAu235 -rrl APR 2 01983 oo 53 pnr" TO: Board of County DATE; April,1983 Commissioners FILE: SUBJECT: Indian River County Nuclear Civil Protection Plan FROM: Liz Forlani Adm. Aide REFERENCES: S. Lee Nuzie requests the Board to authorize the Chairman to sign the Indian River County Nuclear Civil Protection Plan. This Plan was approved by the Bureau of Disaster Preparedness and has been described as a "Plan to do a Plan". Mr. Nuzie stated that we have to continue to follow suit in order to receive matching funds. This Plan is on file in the County Commission office for review and if the Commissioners have any questions or concerns, please contact Mr. Nuzie. Also, Mr. Nuzie would like authorization to make minor changes in the Plan, such as, changes in the roster and any other minor changes. There would be no changes made in content (policy) without prior Board approval. _ ON MOTION by Commissioner Scurlock,. SECONDED by.Commissioner Wodtke, the Board unanimously authorized the Chairman's signature approving the Indian River County Interim Nuclear Civil Protection Plan; and authorized S. Lee Nuzie to make minor changes in the Plan, as described. E. Release of Easement - Zorc & Sons Builders, Inc. The Board reviewed the following memo dated 3/25/83: TO. The Honorable—Member of the Board of County Commissioners DATE: march z 5 , FILE: DIVISION HEAD CONCURRENCE RELEASE OF EASEMENT REQUEST BY ZORC & SONS SUBJECT BUILDERS, INC. A FLORIDA Patrick B ce King, A CP CORPORATION - SUBJECT PROPERTY: LOTS 19 & 20, THROUGH: Bob Keating, AICP BLOCK A, OSLO PARK SUB - Planning & Zoning Dept. Manager DIVISION Vd FROM`: Charles Kindig REFERENCES: Zoning Inspector It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners at weir regular meeting of April 20, 1983. 8 DESCRIPTION AND CONDITIONS The County has been petitioned by Zorc & Sons Builders, Inc., a Florida Corporation, owners of the subject property, for release of the five (5) foot utility and drainage easement, being the east 2.5 feet of Lot 19, Block A and the west 2.5 feet of Lot 20, Block A, Oslo Park Subdivision. Lot 19 is 50 feet in width and 119.9 feet in depth; lot 20 is 50 feet in width and 120.3 feet in depth. It is Mr. Zorc's intention to consolidate the two lots and construct an industrial warehouse on the. site. The current zoning classification is M-1, Industrial. The land use designation is MXD, Mixed Use District. ALTERNATIVES AND ANALYSIS The request has been reviewed by Southern Bell, Florida Power & Light Company, Florida Cablevision, Inc. and the Utility and Right -of -Way Departments. Based upon their reviews, there were no objections to release of the easement. The Zoning staff analysis, which included a site visit, showed that drainage would be adequately handled by the existing front and side swales. It is the Zoning Department's opinion that to release the common side lot 5 foot easements of lots 19 and 20, Block A, Oslo Park Subdivision, would have no adverse effect. RECOMMENDATION Staff recommends to the Board, through adoption of a resolu- tion, the release of the common side lot 5 foot easements of lots 19 and 20, Block A, Oslo Park Subdivision. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously adopted Resolution 83-29, approving the above release of easement. RE.So=ioN NO. 8 3- 2 9 WHEREAS, The Board of County Commissioners of Indian River County, Florida, have been requested to release the ccomon side lot 2.5 foot easements of lots 19 and 20, Block A, Oslo Park Subdivision, according to the Plat of same recorded in Plat Book 3, page 96, of the Public Records of Indian River County, Florida. WHEREAS, said lot line easements were dedicated on the Plat of Oslo Park Subdivision for public utility purposes, and 9 APR 2 01933 boo e�c� ?37 • WHEREAS, the request for such release of easements have been submitted in proper form; CONESSIMERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in Oslo Park Subdivision shall be released, abandoned and vacated as follows: Those cam -on side lot 2.5 foot easements of lots 19 and 20, Block A, Oslo Park Subdivision, according to the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 3, Page 96. BE IT FUS RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 20th day of April , 1983. BY: Richard N. Bird, Chairman ADDITIONAL FUNDS FOR INDIGENT HOSPITAL BILLING The Board reviewed the following memo dated 4/13/83: 10 a I TO: Board of County CommissioneDATE: April 13, 1983 FIS: THROUGH: Michael Wright SUBJECT: Request for Additional Funds Administrator for Indigent Hospital Billing FROM: L. s . "T mmy" Thomas REFERENCES: Community Services Director Attached is a memorandum from "Tommy" Thomas dated April 6, 1983 which explains the need for additional funds for Indigent Hospital Care. All other accounts in the Welfare Department are within budget at this time. This is a request to increase 001-211-564-33.19 by $30,000.00 and decrease Commissioner's Contingency Account by a like amount. The current balance in -the County Commissioner's Contingency Account is $272,795.00 which is account 001-199-513-99.91. Community Services Director Thomas explained the need for additional funds for out -of -County indigent hospital care. He stated that everything was in order and that funds have been expended according to Florida Statute 409. Commissioner Scurlock pointed out that the Commis- sioners' contingency account is significantly down at this point and wanted it noted that this item should be considered at the next budgetary meeting. Discussion followed as to whether to reduce the $17,000 amount and then if the reduced amount is expended, to come back for more. It was agreed that approval of the $30,000 at this time would preclude that happening. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the $30,000 increase in Account #001-211-564-33.19 11 APR 2 01983 Utz 3 FAGS J APR 2 0 1988 F.c.40 and corresponding decrease in the Board's contingency account as recommended. Frank Zorc belatedly brought up the matter of whether Indian River Memorial Hospital has been reimbursed for providing care to out -of -County indigents. Mr. Thomas stated staff has no knowledge of that, only that it is covered under Florida Statutes, Chapter 409. PROPOSAL FOR JOINT VENTURE WATER STUDY WITH INDIAN RIVER SHORES The Board reviewed the following memo dated 4/12/83: TO: The Honorable Members of the DATE: April 12, 1983 FILE: Board of County Commissioners SUBJECT: PROPOSAL FOR JOINT VENTURE WATER STUDY WITH INDIAN RIVER SHORES t. _ FROM: Terrance G. Pinto REFERENCES: Utility Services Director DESCRIPTION AND CONDITIONS: The Town of Indian River Shores has approached us inquiring if the County would be interested in a joint ventre study on supplying non -potable water for Wabasso Beach area south to Indian River Shores. - As you may know, water from the shallow aquifer is now being pumped for irrigation from Wabasso mainland to John's Island beach area. I believe it would be in the best interest of the County to pursue such a study so that we may be assured that the water supply is managed for the North County region. It is imperative that the County monitor any water withdrawal that may affect future availability of water. ALTERNATIVES AND ANALYSIS: The purpose will be to establish data on water needs and availability and also to establish a scope of study and establish cost for the Board's consideration. RECO�NENDATION : I would recommend that the Board of County Commissioners authorize the Administration and Utility Staff to meet with the St. John's River water Management District and Indian River Shores. 12 a - Administrator Wright reported that the Town of Indian River Shores had asked the County to participate in a. study to evaluate the need of providing non -potable water to the town, and that it would be a good opportunity not only to study that need but to also study the needs of the north county, the north barrier island, the Hobart area, and that entire general area. He urged the Board to authorize the Administration and Utilities staffs to proceed with the drawing up of a scope of work and coming back with a proposal. He explained that he was not asking for money at this time, but really just some tacit approval that we begin looking into what will amount to a north county master plan for water. Commissioner Scurlock reported that both the Town of Indian River Shores and Lost Tree, Inc. had contacted him a while back, and it seems that Lost Tree is now willing to negotiate the acquisition of their raw water line by either the Town of Indian River Shores by itself, the County by itself, or a joint participation of the town and the County. What they are anticipating is looking at the analysis of raw water for irrigation purposes, thereby relieving the requirement to use potable water from the City of Vero Beach for irrigation purposes. They feel also that instead of using the shallow wells in the Hobart area, that deep wells could be used which would eliminate the impact on the single family potable wells that are having some degradation. Commissioner Scurlock continued that St. Johns River Water Management District has identified that there is some intrusion from the river itself into that wellfield and very vehemently would like to phase out the shallow wells. He felt it would be a smart move on our part to identify any needs in the unincorporated area and not let our options go buy. He pointed out that Indian River Shores is going to move ahead with this item with or without the County. 13 A p R 0 1983 53 PACE �.. APR 2 01983 aaox 53 242 Commissioner Scurlock also felt that it was a good opportunity to address the problem of a private water line across County rights-of-way which was done with no acquiescence. He believed we need a specific agreement for use of those rights-of-way. Some discussion ensued as to how North Beach Water Company would fit into this study of the lines across the river, impacts, degradation, etc., and Utilities Director Terry Pinto said they could come back with the scope of work and estimated cost of conducting a water study at the next meeting. Commissioner Wodtke stated that he would be very desirous of Indian River Shores finding a source for non -potable water for their irrigation on the north barrier island, but wanted to know what future service areas wereo considered to be areas of feasibility before the County gets involved. He also felt the Utilities Department should not bear the expense of funding the study. Administrator Wright explained that the information will be brought back to the Commission before any funding is requested. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Administrator and Utilities staff to meet with the representatives of Indian River Shores to come up with the suggested scope of work and proposal and bring it back to the Commission at the earliest possible date. 14 TO: REQUEST FOR CERTIFICATE OF NEED - FELLSMERE EMERGENCY MEDICAL SERVICES The Board reviewed recommendations of Commissioner Lyons as follows: or conn Commissioners Pat B. Lyons ssioner DATE: SUBJECT: Apr REFERENCES: LE: Fellsmere wants to start a Volunteer Ambulance Squad and will be seeking a-Certificateof Need from the County. I had a discussion with their Chief, Tom Boisvert on April 13, 1983 and expressed my thoughts and connection with their proposed. endeavor. I feel very strongly that all the Volunteer Ambulance Squads must be hooked together so that we have a unified system in the County. We need the services set up in such a way that there is no question that a qualified response will be had in a reasonable period�of time. Some arrangement has to be made for an ambulance dispatcher to accept the information from the 911 operator and transmit it to the Ambulance crew and maintain communications with the crew. Further, there has to be assurances that an ambulance crew is readily available to take the call. Fellsmere may or may not be in the position to man an ambulance on a 24. hour/7 day basis. Therefore, someone has to know immediately whether or not a crew is available. This requires a 24 hour a day local or area dispatcher. 'Sebastian has been serving Fellsmere and has agreed to institute 24 hour dispatching service right away. It is my recommendation that the Sebastian dispatcher have the responsibility of seeing whether -or not Fellsmere can man the ambulance and if not to make arrangements for back-up. This will also require additional communications at Fellsmere. If a satisfactory arrangement can be made, I would recommend County assistance in providing the communication. At the present time, Fellsmere receives 911 dispatching through radio pagers from the South County Fire District. I would want the ambulance notification to be separate from the fire notification and would want it to come through Sebastian Ambulance Squad. In addition, I would want to see an agreement for procedures and back up to include both the Vero Beach Volunteer Squad and the Sebastian Squad. I understand that the Sebastian Ambulance Squad plans to sell one of its ambulances to Fellsmere for a nominal sum. I am not sure whether or not they have the right to do this because of possible County participation in the purchase and I am asking Mr. Brandenburg to research this. OAR 2 0 1983 15 ' 0% PAGE P.i PAU" 2 I also understand that Vero Lakes Estates is talking about getting into the ambulance business and I feel they should be subject to the same conditions I recommended for Fellsmere. In conclusion I would recommend that any Certificate of Need be issued only upon the completion of the arrangements suggested above. The Board then reviewed the following letter dated 3/29/83: March 29, 1983 Thomas Boisvert Fellsmere Emergency Medical Services P. O. Box 292 Fellsmere, Florida 32948 Board of County Commission 1840 25th Street Vero Beach, Florida 32960 Dear Sirs; The city of Fellsmere had recently been offered by the Sebastian Volunteer Ambulance Squad the opportunity to purchase their used ambulance for $1.00. We in Fellsmere are very much interested in instituting a volunteer ambulance squad here and are requesting from you a "certificate of need", which is required by Sebastian before. our purchase agreement can be completed. We hope to -be fully operational within one (1) year; but wish to have the ambulance at hand to equip and to be able to show our residents how their donation dollars are being spent. If any further information is needed I can be contacted at the Fellsmere fire department 571-0600 or my business phone 231-2451. Sincerely, , . r+ r t Thomas Boisvert 16 Thomas Boisvert of the Fellsmere Emergency Medical Services addressed the Board and confirmed that a used ambulance could be purchased from the Sebastian Volunteer Ambulance Squad for $1.00 if the Commission would issue the "Certificate of Need" required by Sebastian. He felt that the presence of an ambulance would make it easier to raise funds for equipment, etc. He explained that they have had great response from local people in volunteering for EMS duty and hope to graduate ten additional EMTs during the year. Commissioner Scurlock noted that Commissioner Lyons had emphasized the importance of not granting a Certificate of Need until arrangements for a coordinated effort between the Indian River County Volunteer Ambulance Service, Sebastian and Fellsmere were completed. Tom Boisvert said that one of the problems they would have in a coordinated effort would be communications equipment; if it is to be kept separate from the Fire Department, new equipment will have to be bought. He reported that Commissioner Lyons had indicated that the County might help them to purchase this equipment because this is something they didn't anticipate buying, and it may easily run into $4,000-$5,000. Mr. Boisvert stated they were not pursuing a formal agreement with Sebastian at this time, as they did not have an operational ambulance as yet. Once they set up I procedures,. they could move from that point as they had no opposition to the concept of mutual aid. Mr. Boisvert continued that originally the main reason in coming today was to request a Certificate of Need. However, after Commissioner Lyons had informed him of his request that Sebastian be incorporated into their effort, he had decided to make his presentation today to get some feedback on procedural problems. APR 2 0193317 ao .3 Pact Vc.5 IAR R 2 01983 .too c 53 wuF 246 Commissioner Scurlock stated that his feedback is absolutely positive and his only concern is the same as Commissioner Lyons -- to coordinate the backup of Sebastian, Indian River County and Fellsmere. He urged the Commission to cooperate in every way possible within budgetary limitations. Commissioner Bowman pointed out that another concern of Commissioner Lyons' was the legality of Sebastian selling the ambulance to Fellsmere. Attorney Brandenburg reported that matter is still being determined, but he felt that the incorporation of the volunteer squad was a matter of even greater concern. He stated that the County should be very careful in their activities with regard to the volunteer squad because of the risk of liability and urged that the squad pursue incorporation as soon as possible. Commissioner Wodtke asked if some type of commitment could be made in lieu of a Certificate of Need to allow Fellsmere to have the presence of an ambulance to generate volunteers and funds. Tom Boisvert explained that if they could get the ambulance now and put some minimal equipment on it, they could get it ready for some minimal service, but noted that Sebastian will not give them the ambulance until they have a Certificate of Need. Chairman Bird informed Mr. Boisvert that the best thing the Board could do today was to give some indication that we concur and approve the concept, but there are some legal steps that have to be taken to solidify the situation before we can actually issue the Certificate of Need. Attorney Brandenburg stated that the first step would be for the Squad to incorporate and set themselves up within the charitable solicitation laws to receive donations, and 18 thereafter they would be in a position to request a Certificate of Need and move on. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, that the Board authorize staff to work with Tom Boisvert and his group to come up with the necessary requirements to implement a program and start funding processes and bring it back to the Commission for consideration. Discussion followed about the possibility of Vero Lakes Estates starting an ambulance service and coordinating services with them. Commissioner Scurlock felt that the thought of having satellite bases in the north county should be thoroughly explored to avoid the possibility of duplication. The Chairman CALLED FOR THE QUESTION. It was voted on and carried unanimously. AWARD OF BID - CONCRETE CURB The Board reviewed the following memo dated 3/30/83: 19 APR 2 01933 �c) PAGE 24 A P 1 , 1` • TO: Board of County Commissioners DATE: March 30, 1983 FELE: THRU: Michael Wright SUBJECT: IRC BID #164 - CONCRETE CURB County Administrator FROM: Carolyn Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions At the February 2, 1983 County Commission meeting, the Board approved installing approximately 3800 L.F. of Unreinforced Type A Concrete Curb on Broadway Blvd. in Fellsmere. Estimated cost was 3.45 L.F., Total $13,110.00.. Bids were received March 29, 1983 at 11:00 A.M. for IRC #164- Concrete Curb. 7 Bid proposals were sent out. Of the 5 proposals received, 1 was a "No Bid",, 2. Alternatives and Anal sis This was bid on an annual basis and the County reserves the right to issue work orders for specified quantities throughout the year. The overall low bidder bidding on all items was Trodglen Paving, Inc., Vero Beach, Florida. 3. Recommendation and Funding It is recommended that IRC #164 be awarded to the overall low bidder, Trodglen Paving, Inc. Funds to come from Acct #004.214-541-35-39. Unencumbered balance as of March 30 - $491,402.00. (Budgeted - $499,000.00) MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, that the Board accept staff recommendation to award Bid #164 to the overall low bidder, Trodglen Paving, Inc., for $3.45 L.F., or $13,110, and to come out of Account #004-214-541-35-39. Mr. Davis confirmed that the type A curb is the type wanted by the City of Fellsmere in that area. 20 J �J BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach. Florida 32960 BID TABULATION The Chairman CALLED FOR THE QUESTION. It was voted on and carried unanimously. r c`' ••' o, •� .moo LC m 4m C uC BID NO. DATE OF OPENING �. IRC BID #164 March 29, 1983. o i`' r a BID TITLE "�1 ��' 4� 4 Zo CONCRETE CURB o ITEM NO. DESCRIPTION UNIT PRfCE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. Unreinforced Type A 500 L.F. Price Per Foot 4 00 3 45 4 00 7175 * NB NB 2. Unreinforced Type B 500 L.F. Price per Foot 5 80 7 50 4 35 NB 3. Unreinforced Type C 500 L.F. Price per Foot 4 00 3 88 5165 7 00 4 15 NB 4. #4 Rebar - Extra Price per Pound 26 50 40 65 NB NB Machi ed 2500' min. t one ocati n INDIAN RIVER COUNTY FLEET MANAGEMENT FUEL PROGRAM The Board reviewed the following memo dated 4/13/83: 21 Q P R 2 0193 boas 53 Pace 9 APP 2 0 1983 aa©x.;,,^ • I TO: The Honorable Members of DATE: April 13, 1983 FILE: the Board of County Commissioners SUBJECT: INDIAN RIVER COUNTY THRU: Michael Wright FLEET MANAGEMENT County Administrator FUEL PROGRAM FROM: C. B. Hardin, �Ph . D- REFERENCES: Asst. to County Administrator/ Personnel Director 1. DESCRIPTION AND CONDITIONS As part of future plans to upgrade the Fleet Management facility, staff requested plans be submitted by the County Engineering Department to relocate the storage tanks, pump islands and pumps to a more workable location. Site plans are available for review by Board members in the County Commission office. The three (3) underground fuel storage tanks, for regular, unleaded and diesel fuel currently in use at the Fleet Management facility are only 2,000 gallon capacity. This necessitates frequent and costly deliveries of fuel. There are currently three (3) gas pumps in use with the above tanks, two (2) of which are owned by the County and under constant repair. Repair cost for the fiscal year 81-82 was $255.50. The County has already spent $237.00 for the period 10-1-82 through 3-31-83. The third pump (regular gas) is owned by a local vendor, obligating the County to purchase regular gas from them. Four outside vendors were contacted requesting proposals to install three (3) 10,000"gallon underground fuel storage tanks, two (2) pump islands and three (3) dual dispensers. Since our original request, 'one vendor has.gone out of busi- ness since submitting his proposal. One vendor who was con- tacted recently stated his proposal would be submitted by April 11th, however, it has not been received. Of the other two (2) vendors submitting proposals, one is located in Vero Beach, the other was contacted through the manufacturer in Illinois. 2. ALTERNATIVES AND ANALYSIS The installation of 102,000 gallon storage tanks will enable the County to purchase fuel by tanker realizing a savings of not less than five cents (5�) per gallon in fuel costs. Based on current average monthly usage of 13,700 gallons or 164,400 gallons annually, ,of all types of fuel, this could result in a minimum savings of $685.00 per month of $8,200.00 per year. The cost to install the underground storage tanks, pump is- lands, and dual dispensers would cost approximately $30-35,000. All excavating and fill would be done by the County. The existing storage tanks were installed twelve (12) years ago. Several options are available for the use of these tanks. They could be left in place and used as additional storage in the event of an emergency, such as a hurricane, etc., or could be relocated to North and/or South County for refueling of heavy vehicles having to travel to the County garage simply to refuel. 22 M 3. RECOMMENDATION AND FUNDING 9- B M Experience has proven that going out for bids effectively reduces initial estimates up to 25% for purchases of this type. Therefore, staff recommends that the County bid the installation of three (3) 102000 gallon underground tanks, pump islands and three (3) dual dispensers. By use of the bid process, it is possible that additional vendors could be encouraged to bid. Funding could be provided by the Road and Bridge Department. A five cent (5¢) per gallon surcharge would.be made against each user department to reimburse Road and Bridge. Administrator Wright briefly explained the savings in the cost of fuel that would be made possible by the installation of three 10,000 gallon storage tanks at the Road & Bridge Complex and recommended the Board authorize staff to proceed accordingly with bids. Commissioner Scurlock asked if some use could be made of the existing tanks and was assured that when the larger tanks are purchased, the smaller tanks can be relocated to give us more north county refueling capacity. Commissioner Wodtke expressed concern about the budget of the Road & Bridge Department and asked if it was necessary to move ahead with this change at this time. Administrator Wright reported that there are suffi- cient surpluses in the operating accounts at the Road & Bridge to absorb this, either through the vehicular maintenance line items or through the equipment purchase line items and assured the Commissioners it would be just a line transfer. He preferred to move ahead with it now. Question arose about control of dispensing procedures, and Public Works Director Davis explained the loading operation , which would be controlled by a remote, automatic control switch, noting that the loading operation might even be computerized sometime in the future. Discussion followed as to whether the present site of of the Road & Bridge complex will be sufficient for our future needs, and it was determined that there is sufficient 23 APR 2 0 1983 door f 3 PacE 251 APR 2 01983 BOOK � � FAC- . land and no anticipated move is foreseen in the next 20 years. Chairman Bird stressed that we need to be very sure that we have the proper size tanks to hold a tanker load, and it was noted that different types of fuel are often carried in one tanker and they don't mind having to split a tank, and will make two drops for just a $5.00 extra charge. Commissioner Wodtke felt that sooner or later the County is going to have to establish a fueling sub -station in the north part of the county to allow vehicles to refuel without coming all the way back to the barn, thereby increasing a workday by at least one and one-half hours. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the 11 Board unanimously approved staff recom- mendation to bid the installation of three, 10,000 -gallon underground tanks, pump islands and three dual dispensers with the funding to come from line transfers not budget amendments for additional funds. TRAFFIC LIGHT FOR ST. EDWARD'S SCHOOL The Board reviewed the following memo dated 4/19/83: TO: Board o, County DATE: FILE: Commissioners SUBJECT: It, 9 - Caution Light at St. Edwards School FROM: Liz Forlani REFERENCES: Representative Patchett called from Tallahassee this morning and wished the Board to be informed that regarding Item 9, he is very interested $n this and feels it is very important as there is a definite need for this caution light. 24 W Mr. Ellis Pinder, concerned parent of St. Edward's Upper School, addressed the Board and explained the dangerous entrance off AIA to St. Edward's School. H�e noted that the County had previously cooperated in paying pt of the costs of installing wider concrete approaches to :the school. He asked if the Commission would agree to contribute 25% of the $5,000 cost to install a blinkerlight at the entrance of the school, which would amount to $1,250. Mr. Pinder stressed how extremely dangerous this entrance was, especially at night when many activities are scheduled. Commissioner Scurlock reported that the Transportation Committee had discussed this matter and recommended that the Board not oppose the installation of the traffic signal blinker light at this location, but felt it was a policy decision for the Commission as to the funding, and did not take a stand. Commissioner Scurlock asked Mr. Davis if the County would have to turn down any priority requests for traffic lights if they approved this particular light. Mr. Davis did not feel this small expenditure would have any effect on funding future lights if they are allowed to take the money out of the Road & Bridge Materials account, which has certain contingencies that are available. Commissioner Wodtke felt that since a school is involved, the County should cooperate in funding the small cost of the light. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously authorized the County's 25% participation in funding a caution light at the entrance to 25 APR 2 0 1983 A 53 PACE 253 APR 2 0 1983 � ?����V St. Edward's School, but not to exceed $1,250; the funds to come out of the Road & Bridge Materials account. DISCUSSION RE CITY/COUNTY WORKSHOP ON THE PROBLEM OF VAGRANTS AND ALCOHOLICS Sharandee Runge, Chairman of the Committee on Vagrancy and Alcoholism, addressed the Board and explained the great need for a detoxification facility and a shelter for the homeless in Indian River County. She urged the Commissioners to read the report that was presented to the Vero Beach City Council on April 5, 1983, and authorize a city/county workshop on the problem of vagrancy and alcoholism. Mrs. Runge explained that this committee was formed fn response to growing public concern after a stabbing took place in Pocahontas Park. The Committee since has conducted five public meetings and traveled to various locations in and around the county to determine the scope of the problem and the resources available to deal with it. They took into consideration the problem of separating the vagrants from the alcoholics and tried to determine both short term and long term solutions. The Committee is recommending as a short term solution that a detoxification center be established in the Vero Beach area for the explicit purpose of treating the indigenous inebriates. On a long term basis, they are recommending the development of the Alco -Hope program, which is the only proposed long-term project in this area aimed at rehabilitating alcoholics, and also has the goal of eventually becoming self-supporting. She continued that the Committee had rejected the Indian River Primary Alcohol Receiving Center in Ft. Pierce as a possible solution as a detoxification center because it 26 a is a swinging door situation where the inebriates are only treated a few days and then released to go right back on the street. The distance from Vero Beach also poses a severe transportation problem. They recommend highly that a local detoxification center be set up here in Indian River County. Some years ago one was set up with Alco -Hope and that facility is presently being used as a half -way house for rehabilitating alcoholics. problem. This would eliminate the transportation It is also felt that there is a great need in Indian River County for a shelter for vagrants and transients passing through town, who are now sleeping under our park benches and in shopping center dumpsters, and the Committee received assurances from representatives of the Salvation Army and Christ is the Answer Mission (C.I.T.A. in Melbourne) that they would be willing to operate such a shelter if an appropriate location, such as a house or store, was made available to them. The Committee strongly urges the County to consider making such a facility available or funds to enable these organizations to open a shelter for homeless men and women, making one room in the facility available for families in the County who are in distress, such as being burned out of their homes, etc. Mrs. Runge then spoke of the difficulty the Committee encountered in obtaining information or participation from many of the various governmental entities and stated the Committee feels that the County needs more representation on the District 9 Mental Health Board in order to receive our fair share of the funds. Various members of the Commission informed Mrs. Runge of the fact that the Commission has been unsuccessful in their efforts to be allowed more representation on the District 9 Mental Health Board, of the difficulty in finding 27 APR 2 0.1983 wK 55.3 ?AcE 255 A APR 2 01983 someone willing to serve on this Board and travel to West Palm for the meetings, and explained to her that the representation on this Board is determined by Statute and based on population. It was agreed that there is a weighted vote which affects the equitable distribution of funds. Discussion ensued regarding the City's involvement and possible participation in this matter, and Mrs. Runge stated that the Vero Beach City Council has grown concerned and would like to have a workshop. Commissioner Wodtke said he would welcome a workshop with the City and felt it was extremely important that we get representatives from the District 9 Mental Health Board and also the Indian River County Mental Health Board to attend, because any approach we make on the treatment of alcoholism is going to have to be a coordinated effort based on the services that are available and mandated funding. Commissioner Scurlock cautioned Mrs. Runge that as supportive as we may be of the proposed program, all governmental entities, including the County, are facing severe budgetary constraints -this year and have many programs that must be considered. Chairman Bird felt that to make the proposed workshop as productive as possible, representatives should be invited from the Florida Department of Health and Rehabilitative Services, the Indian River County Mental Health Center, the District 9 Mental Health Board, and perhaps representatives from Alco -Hope. He suggested that a workshop format be prepared breaking down the problems in the simplest form in order to apply the best possible solutions. The Commissioners agreed on Wednesday, May 25, 1983 at 1:00 P.M. as the date for such a workshop. 28 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the staff to coordinate with the Committee on Vagrancy and Alcoholism in preparing a workshop format and to contact the groups mentioned above to participate in a City/County work- shop on May 25, 1983 at r1:00 P.M. Commissioner Bowman commended Mrs. Runge on the excellent report submitted by her committee, which report is on file in the Office of the Clerk. DISCUSSION OF POOR COMMUNICATION IN CITY PROJECT TO USE COUNTY RIGHTS-OF-WAY Public Works Director Davis reported that sometime last week he was invited to a pre -construction meeting with Lloyd & Associates and learned for the first time that the City of . Vero Beach plans to use County rights-of-way in building new raw water lines, a construction project scheduled to begin early in May. Mr. Davis continued that since this project does have a great deal of impact on the County's rights-of-way, he requested the job not proceed until the County staff had reviewed the drawings and specifications to determine if it would be an appropriate use of County rights-of-way. He -did feel there should have been some kind of preliminary planning set up with the County on a job of this magnitude. Mr. Davis reported that he has since received a set of plans, but has not yet received a set of specifications. Commissioner Scurlock felt it is possible that some of the proposed construction could preclude our own distribu- tion system from reaching certain areas, and he saw some significant problems on 20th Avenue which contemplates 29 APR 2 0198 aox qac 7 APR 2 0 1983 53 tearing up the bike path. He believed this situation demonstrates a real need to develop a formal liaison between the City and the County on matters of procedure. City Attorney Charles Vitunac stated he had just now heard of the problem and would return to City Hall and contact City Finance Director Nason to notify the relevant departments to make sure that the City has better communication and coordination with the County. Discussion followed regarding our normal review procedures, which would require significant staff time, and it was felt that a project of this magnitude requires that we follow normal procedures even though it may delay the project. Administrator Wright recommended that we proceed with our normal review process and perhaps encourage the City to. contact us in the future when they are doing projects like this to secure a right-of-way permit as do other utilities and to give us an opportunity to coordinate these projects before they are let. He believed there are several things that may require contract amendments and negotiation. The Administrator emphasized that this is not a deliberate attempt to hold up the project, but that it is necessary because this project impacts us significantly. He and Mr. Davis stated they would do everything possible to expedite this matter. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously requested the City not to proceed with any of their projects in County rights-of-way, including this project, without prior approval of the Public Works Department re permitting. 30 ROAD & BRIDGE SALARY ACCOUNT - REQUEST FOR LINE TRANSFER The Board reviewed the following memo dated 4/7/83: TO: The Honorable Members of the DATE: April 7, 1982 -FILE: Board of County Comnissioners THRU: Michael Wright, County Administrator SUBJECT: Road and Bride Department psrtment Salary Account - Request for Line Transfer FROM: James W. Davis, P.E. REFERENCES: Public Works Director DESCRIPTION AND -CONDITIONS A series of circumstances has resulted in an anticipated funding short- fall for the Road and Bridge Department Salary account #004-214-541-11.12. The following is an analysis of the circumstances: I. When the 1982/83 FY Preliminary Budget was prepared in April, 1982, the then current salaries of the existing personnel (78 employees) in the Road and Bridge Department totaled $931,250. This salary figure was reported throughout the budget preparation/approval process. From April 1982 to September 30, 1982, the following activities took place to increase this figure by $41,711. to $972961 (an increase of 4.4%). 1) Merit increases of 2 to 4% were granted to certain employees during the annual evaluation process. 2) Certain Road and Bridge Department employees received adjustments in wages due to inequities in the pay structure as recommended by the Kelton Report. Also, -the Road and Bridge Deft was reorganized. 3) One employee, Chalmer Tripp (yearly salary approximately $14,800) was accidentally overlooked and not included in the original budget submitted in April, 1982. II. During the 1982/83 Budget hearing, the Board cut $35,000 for the Road and Bridge salary account because of past high employee turnover and absbnteeism. This turnover rate and absenteeism has been corrected (see attached chart), III. On October 1,1982, a 6.5*�, cost of living increase was granted to all County employees. This brought the actual Road and Bridge Salary amount to $1,036,203. However, the approved budgeted salary line amount was $956,905. As a result, the budgeted salary figure was inadequate by $79,299. IV. The County hired a much needed paralegal to work on the County's Development Code (Salary $15,600). This position began November 1, 1982, and in the past 5 months, salary totaling approximately $6000 has been charged to the Road and Bridge Department. The salary was intended to be funded by Comminity Development and Road and Bridge jointly, however, Road and Bridge has funded this entire salary without budgeting the funds. APR 2 01993 31 dav( 5 59 APR 2 01983 sox 053 260 On January 28, 1983, the biweekly salary needs of the Road and Bridge Department were.$40,586 per pay period. The unencumbered balance of the salary account on March 31, 1983 was $458,560. On March 31, 83, there were 132 pay periods remaining for FY82/83, therefore, $547,911 is needed for the balance of the Fiscal Year. The projected deficiency in the account is $89,351 considering a worst case situation. The following action was initiated in January (or before) to lessen the demands of the salary account: 1) A hiring freeze was implemented unless a critical position was open. 2) No merit increases have been approved -all salaries are frozen - except for probationary employees. ALTERNATIVES AND ANALYSIS To bring the Road and Bridge Department salary account up to a level to meet a "worst case" funding level for the balance of the year, the following alternative is recommended: Alternative No. 1 Approve line transfers from various Road and Bridge Department line items as recommended in Albert Van Auken's memo to Jim.Davis dated April 4, 1983 (copy attached). This will transfer $54,000 into the Road and Bridge Depart meA account. In addition, approve a line transfer of $20,000 from the Road and Bridge Department account #004-214-541-66.43 -Heavy Equipment (uncommitted funds total $171,122.33) and $16,000 from n004-214-541-34.65 - Maintenance of Heavy Equipment (unencumbered balance as of April 1, 1983 is $260,107). REMMMENDATION AND FUNDING It is recommended that the above line transfers be approved to provide additional salary funding to the Road and Bridge Department salary account. FROM: Albert L. vanAuk.n, sept. REFERENCES: Road & Bridge Department I hereby request the following line transfers be made is the 1982-83 Road & Bridge Budget. All funds are to be.tranaferred to 004-214-541-11.12,. TRANSFER FRQA! A31OUNT 004-214- 41-t. _Y ,5 33.19 Other Professional Services S3,COO.00 004-214-541-33.49 Other Contractual Services 1,000.00 004-214-541-34.02 Travel �. 11000.00 004-214-541-34.61 Maintenance - Buildings 3,000.00 004-214-541-35.11 All Office Supplies 1,000.00 004-214-541-35.33 Bridge Materials/Supplies 20,000 .00 c04-214-541-35.39 Other Road Hateriala/Suppliea 25, 000.00 TOTAL $549000.00 32 0 � s � Public Works Director Jim Davis explained the circumstances that have resulted in an anticipated shortfall in the funding for Road & Bridge salaries, noting that the Road & Bridge Department in preparing their 1982-83 budget used the existing salaries as of April, 1982, and did not make any provision for merit increases. Discussion ensued as to whether the Finance Department failed to put the correct figures in the budget and whether this problem would turn up in every department, causing the need for additional funding. Finance Director Barton informed the Board that his staff goes on the assumption that each department has figured their total salary budget to reflect merit raises and other salary adjustments right up to the end of the fiscal year. Administrator Wright did not believe the Board will necessarily find this situation in other departments. Mr. Davis continued to explain about personnel who had been promoted but had not received an increase, and other inequities that were adjusted but not included in the budget. He felt, however, that it might not be necessary to approve a line transfer of funds today, as there is a possibility that the impact may not be as great as anticipated and lesser funds would be required. Finance Director Barton noted that although he is authorized to do line to line transfers, he wished the Board to be aware of this situation because of the large amount involved. He felt anything done today would be merely a guess. The Commissioners agreed to take no action today and expressed their appreciation for being made aware of the situation. 33 6�K Q3 PACE .i ARR 20 1983 Boat 53 64 Pei RECEIPT OF BIDS ON SALE OF $5 -MILLION BEACH ACQUISITION BONDS The hour of 11:00 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 Dail Y VerO Beach, Indian River Coun tY, 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 daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a //Z/ / in the matter of �� l a r� /b/i %i� ,/J ,9/ 9/o 0 NOTICE OF SALE $5,000,000 INDIAN RIVER COUNTY, FLORIDA I' GENERAL OBLIGATION BONDS NOTICE IS HEREBY GIVEN that Indian River County, Florida, (herein referred to as the "Coun- ). will receive sealed bids (herein referred to as Proposals") at the Board of County Commis- sioners' Meeting Room In the County Administra- tion Building, 1840 25th Street, Vero Beach, Flor- Ida, 3295, up to the hour of 11:00 A.M., Eastern Standard Time, Wednesday, April 20, 1983, for ,the purchase of all but not less than all of $5,000,000 Indian River County, Florida, General Obligation Bonds (herein referred to as the "Bonds"). FORM OF BONDS: The Bonds shall be Issued In coupon form, registrable as to principal only; In the denomina- bon of mbered consec- lively from ohne upward and sheach; shall be ell be sled April 1, 1983. The Bonds will bear interest payable semiannually on the first days of October and April of each year at the rate of rates specified by the successful bidder. MATURITY AND REDEMPTION: The Bonds will mature on April 1 of each year In the years and amounts as follows: , � the Court, was pub- YEAR 1984 s AMOUNT ' iiw, lishe , l'said lowerg the zo c.>n es of ��� i� ��� 1985 940,000 1986 990.000 1987. 1.055,000 ,. 4 r'.` i rJ 'd 1988 , .1, 11,125.000 3 ti The Bonds will not be redeemable prior to their stated dates of maturity. Affiant he said Vero Beach Press -Journal Is a newspaper published at &nRi',,r BASIS OF AWARD: No Proposals for' less than all of Vero Beach, in sal County, Florida, and that the said newspaper has heretofore said $5,000,000 Bonds will be considered. Not more been continuously published in said Indian River County, Florida, each daily and has been than one (1) Proposal from any bidder will be entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- considered. The County reserves the right to t ,Florida foraperiod of one ear next preceding the first publication of the attached co of y P Y P 9 P pY determine who is the successful bidder, to reject advertisement; and affiant further says that he has neither paid nor promised any person, firm any or all Proposals, and to waive any irregularity or informality In any Proposal. or corporation any discount, rebate, commission or refund for the purpose of securing this The Bonds will be awarded to the. Bldder advertisement for publication in the said newspaper. whose Proposal produces the lowest effective In- terest rate to the County. The lowest effective in- Sworn to ' ,",p �� terest rate will be determined in accordance.with the effective Interest and subscrib bef e mei day of A.D. 19 cost method of calculation ("true interest cost method') by doubling the semiannual rate (compounded semiannually) necessary to discount the debt service payments Business Manager) g from the payment dates to the date of the Bonds and the price bid, not Including Interest acrued to �� the date of delivery. it is requested that each pro- poral be accompanied by a statement of this at. (Clerk of the Circuit Co , Indian River County, Florida) fective Interest rate for the Bonds computed as (SEAL) specified in this Notice of Sale, but such state. ment Is not to be considered as a part of the pro- s, posai. In the event the bidder specifies municipal bond insurance, the amount of the insurance pre- mium shall be deducted from the price bid in, making the above described computation of inter- est cost for the purposes of comparing bids. Al- though the cost of municipal bond insurance will be deducted from the price bbl for the purposes of computation, it should not be deducted by the bidder from the purchase price as shown on the bid form. In comparing bids, no consideration will be given to accrued interest to be paid by the pur- chaser at the time of delivery of the Bonds.; INTEREST RATE PERMITTEIk . - . _ '. . !..., The Bonds shall bear (merest rates expressed In multiples of one-eighth (K) or ane twentieth (1/20) of one per centum. Ony one interest rate may to specifed for the Bonds of the same ma- turity. Only one coupon rate may be attached to each Bond for each interest payment, A rate of interst based upon the use of split or supplemental interest coupons will not be consid- ered. The purchase price shall not be bet" 99% of the par value of the Bonds 34 PAYING AGENTS: The principal of and Interest on the Bonds will be payable at the Florida National Bank, Jackson- ville, Florida. SECURITY: The Bonds will be valid and binding general obligations of the County for which the full faith and credit of the County is irrevocably pledged. The authorizing resolution provides that so long as any of the Bonds shall be outstanding, there shall be levied, assessed and collected and a valorem tax, unlimited as to rate or amount, upon all taxable property within the County sufficient In amount to pay the principal of and interest on the Bonds as the same become due. The issuance of 'the Bonds was approved by the qualified electors; of the County at an election duly called and held In the County on November 2,1982. - PURPOSE: ` The Bonds -were authorized by a resolution duly adopted by the County on November 17, 1982, as supplemented, and are to be Issued fort the purpose of financing the cost of acquiring beachfront land in the Atlantic Ocean . in the County for recreational purpose& ?.: PROPOSALS Proposals are desired on forms which will be; fumistmi1l g•the-County and• envelopes contain- ing Proposals should have endorsed thereon "Proposals for`$5,000,000 Indian River County, Florida, General Obligation Bonds;; Do Not Open Until 1100 A.M.,:Eastem Standard Time, Wednes- day, April 20, 1983, or words of equivalent im- port, and should be addressed to the Board of County Commissioners at the above address. - ` ,, Each Proposal must be accompanied by a car- tilled or bank cashier's check, drawn on an Incor- porated bank or trust company payable uncondi- tionally to the order of the County, In a sum equal to two percent (2%) of the par value of the Bonds; as evidence of good faith. If the successful bidder shall fail to comply prompty with the terms of his Proposal; the amount of such check will be for- feited as liquidated damages. The good faith check of unsuccessful bidders will be returned to the bidders by registered mail at the address stated in their Proposals, or delivered to a repre- sentative of the bidder immediately after the award of the Bonds to the successful bidder. The proceeds of the good faith check of the success- ful bidder will be applied to the payment of the purchase price of the Bonds. Prior to the delivery of the Bonds, the County may cash and invest the proceeds from the good faith check. Full payment of the balance of the purchase price must be made, at the time of delivery, by the successful bidder In Federal funds. No interest will be paid to any bidder upon any, good faith check. DELIVERY AND PAYMENT: It is anticipated that the Bonds In definitive form will be available for delivery on or about Tuesday. May. 10, 1983, at 10:00 A.M. at the of- fices of Freeman, Richardson, Watson & Kelly, P.A., in Jacksonville. Florida, or some other date, time and place to be' mutually agreed upon be- tween the successful bidder and the County. Full payment of the -balance of the purchase price, in- cluding accrued interest to the delivery date, must be made to the County at the fimeof delivery. MUNICIPAL BOND,INSURANCE The County has received a commitment from American Municipal Bond Assurance Corporation ("AMBAC") to issue a municipal bond Insurance policy unconditionally and irrevocably guarantee Ing timely payment of principal and Interest on the Bonds to the paying agent or agents for the Bonds. Any purchase of such policy shall be at the sole option of the bidder. Should a bidder specify that the County purchase such municipal bond insurance, the premium will be paid by the County from Bond proceeds. Each bidder must specify on the bid form whether municipal bond Insurance is requested. If the Bonds are awarded on an insured basis, reference to the policy shall appear on the Bonds. CLOSING DOCUMENTS: The County will furnish to the purchaser upon delivery of the Bonds the unqualified approving option of Freeman, Richardson, Watson 8 Kelly, P.A., Bond Counsel, Jacksonville, Florida, and customary closing papers. OFFICE STATEMENT: Upon the sale of the fronds, the County will f publish an Official Statement in substantially the same form as the Preliminary Official Statement, subject to minor additions, deletions and rev!-,: sions as determined by the County as necessary to complete the Preliminary Official Statement. k reasonable number of copies of the Official State- ment will be made available to the successful bid- der at the expense of the County. t APR 2 01933 CUSIP NUMBERS:- It UMBERStIt is anticipated that CUSIP Identification num bers will be printed on the bonds, but neither the failure to print such number an any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidders to accept delivery of and pay for the Bonds in ac- cordance with their agreement to purchase the Bonds. All expenses in relation to the printing -of CUSIP Numbers on the Bonds shall be paid for by. the County; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the successful bidder. COPIES OF DOCUMENTS: Copies of the Preliminary Official Statement the Notice of Sale and the Official Bid Form, and further information which may be desired, may be obtained- from Michael Wright, County Adminis trator, 1840 '25th Street, Vero Beach, Florida 32980, Telephone (305) 587-8000, or from Worth Blackwell, William R. Hough Co., Suite 924, One Fourth Street North, St. Petersburg, Florida 33701, Telephone (813) 823-8100. Indian River County, Florida Michael Wright , County Administrator ,- Apr.13, _1983.. 35 bQQiY ty,3 PAcE 263 BOOK x 3 PAuF. APR 2 01983 Chairman Bird asked for receipt of any additional bids at this time. There being none, the Chairman requested Mr. Worth Blackwell, County Financial Advisor, to publicly open the three bids that were properly received: Smith Barney Harris Upham & Associates, Tampa Trust Company Bank, Atlanta, Georgia Arch W. Roberts & Co. & Associates After opening the bids, Mr. Blackwell announced that all bids received included the $100,000 cashier's check and met the requirements of the bid form regarding discount and coupons, and all were for bonds not carrying insurance. Bid No. 1 On opening the bid from Smith Barney Harris Upham & Associates, submitted in a sealed Dean Witter envelope, Mr. Blackwell announced their bid to purchase the $5 -million beach acquisition bonds of $4,970,017.60;• their coupons are as follows: 1984 - 6.00% 1985 - 6.00% 1986 - 6.10%' 1987 - 6.30% 1988 - 6.50% Net Interest Cost Rate: 6.500649% Bid No. 2 On opening the bid from Trust Company Bank, Atlanta, Georgia, Mr. Blackwell announced their bid to purchase the $5 -million beach acquisition bonds of $$4,960,000; their coupons are as follows: 36 1984 - 5.40% 1985 - 5.85% 1986 - 6.25% 1987 - 6.07% 1988 - 6.90% Net Interest Cost Rate: 6.786794% n 2 .3 %­ n On opening the bid from Arch W. Roberts & Co., Associates, Mr. Blackwell announced their bid to purchase the $5 -million beach acquisition bonds of $4,961,750; their coupons are as follows: 1984 - 5.25% 1985 - 5.75% 1986 - 6.10% 1987 - 6.40% 1988 - 6.75% Net Interest Cost Rate: 6.589401% Finance Director Barton and Mr. Blackwell acknowledged receipt of bids from the above firms and announced their intention to retire to assess and review same and to return to the Commission in one-half hour with a recommendation. It was explained that the County was able to obtain a upgrading of its bonds to A from B -AA due to the efforts -in convincing rating agents from Moody and Standard & Poor during their recent trip to Indian River County. As a result, the County is saving an insurance premium of approximately $30,000 on the beach acquisition bonds alone. Commissioner Scurlock recommended that Chairman Bird write a letter to the Finance Advisory Committee commending them on a job well done. APP 2 O 1983 37 s�o 5% PACE 265 I APP 2 0 1983 BOOK 5 3OF20 APPROVAL OF OUT -OF -COUNTY TRAVEL - LIZ FORLANI The Board reviewed the following memo dated 4/12/83: TO: Board of County DATE: April 12, 1983 FILE: Commissioners SUBJECT: out -of -county travel FROM: Liz Forlani REFERENCES: Administrative Aide I am requesting authorization to attend the 20th Annual Institute for Governmental Secretaries being held in Orlando on June 15/18y,1983. This Seminar would give me the opportunity to expand my knowledge of office technology of the future and also to meet with personnel from other counties and possibly exchange policy procedures. This expenditure would come out of Account No. 001-101-511-34.02. The unencumbered balance in this account is $2,938.00. Discussion was held regarding how many secretaries were planning to attend the seminar. Administrator Wright reported that his secretary wished to attend as well as the County Attorney's secretary. It was noted that there would be approximately five secretaries attending. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized out -of - county travel for Administrative Aide, Liz Forlani, to attend the 20th Annual Institute for Governmental Secretaries being held in Orlando on June 15/18, 1983; and also approved the attendance of other secretaries subject to available budget funds and approval of various department heads. W REPORT ON BEACH ACQUISITION COMMITTEE Chairman Bird explained the Committee will take a trip tomorrow to inspect the 15 parcels of property that have been offered for sale to the County in the beach acquisition program. The Committee is getting very close to determining the bottom line in purchase price, and after a bottom line is established, and the best price negotiated, they will rank the properties in some kind of order and will bring a recommendation back to the Commission. REPORT ON PARKS & RECREATION COMMITTEE Gifford Park Chairman Bird reported that the Gifford Park has five baseball teams active up there and and are looking for a sponsor/manager of a sixth team. He planned to write a letter to various organizations on behalf of the recreation program asking that they get involved and help sponsor these teams. He reported that Al MacAdam is planning to solicit some funds from the Indian River Shores area. Lifeguard Program Chairman Bird reported that an advanced life-saving course is being offered in the next two weeks, and in August we will begin the next volunteer lifeguard course. Dale Wimbrow Park Chairman Bird reported that this park has a bad erosion problem in front of the boat ramp area, and they are recommending that the County Engineering Department come -up with some kind of priority on repairing that hazardous condition. Mr. Davis assured him it will be accomplished through the budgeted amount, without jeopardizing other projects. Chairman Bird continued that the other major item was that the Committee had agreed to go ahead and work with the staff to develop some capital improvement projects that 39 APR 2 0 1933Pace A APP 2 01983 Boos Parks Supervisor, Bill Cook, will be including in his Parks & Recreation budget that will be turned in by May 1, 1983. Chairman Bird stated that the only action that is needed today is for the Commission to authorize the necessary repairs at Dale Wimbrow Park. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Engineering Department to co- operate in making the necessary repairs to the boat ramp at Dale Wimbrow Park. Park Slogans Chairman Bird announced they had received twenty-five excellent suggestions for a slogan to be placed on Countyo park signs. The winning slogan, which was suggested by Walter Young, City Planner, was: "Nature Held in Trust" and, hopefully, that theme will bring about a better spirit of cooperation in maintaining these areas. He asked the Commission to formally accept that slogan so that it might be placed on the park signs soon to be erected in the County parks'and recreation areas. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unani- mously approved the above slogan as the theme for County parks and authorized the Parks & Recreation Dept. to place the slogans on the signs to be erected in the County parks and recreation areas. ►o e RIGHT-OF-WAY ACQUISITION - 16TH STREET PROJECT Public Works Director Davis reviewed the following memo in detail: TO: The Honorable McTbers of the DATE: April 12, 1983 FILE: Board of County Commissioners THRU: Michael Wright, County Administrator SUBJECT:Right-of-Way Acquisition - 16th Street Project FROM: James W. Davis, P.E. ,REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS As approved by the Transportation Planning Comnittee and the Board of County Commissioners, the 16th Street Traffic and Pedestrian Improvement Plan contains an 8' wide bicycle path along the north side of 16th Street from U.S. Highway 1 to 29th Avenue where it connects with an existing 5' wide sidewalk. The Florida D.O.T. has committed $37,000 to fund the portion of the path from 29th Avenue to 20th Avenue (See attached 5 year plan) in its 1982/83 F.Y. Budget. To accomplish the construction of the bikepath and road improvements, it is necessary to acquire an additional 10' width of right -of --way from 29th Avenue to 20th Avenue along 16th Street. The Tax Assessor's office has assisted the County staff in assessing the cost of 16th Street right-of-way at $65,000 and for 12th Street right-of-way at $7,500. At the present time, a small area of right-of-way south of 12th Street east of 20th Avenue has questionable ownership. A title search is being performed on this area. All right-of-way acquisition is estimated to cost approximately $90,000, based upon assessment figures. If condemnation is required, additional legal costs, etc., associated with condemnation would- 1 PP Y. ALTERNATIVES AND ANALYSIS Prior to finalizing a reccmmndation to the Board of County Consnissioners on right-of-way acquisition, staff considered various options to provide a pedestrian/ bikeway facility. The, options considered and associated data are contained on the attached chart. The least expensive option after considering D.O.T. participation is Alternative # 1 whereby the original proposal to acquire 10 p ' of right-of-way along the north. This option has been endorsed by the Transportation Planning Committee. After construction, four (4) houses will be relatively close to the bikepath. RECOMMATION AND FUNDING It is recommended that staff be authorized to begin right-of-way acquisition to implement Alternative No. 1 whereby the County would acquire 10' of additional right-of-way along the north side of 16th Street. Also, acquisition along a 332' section of 12th Street and if necessary, east of 20th Avenue south of 12th Street, must be approved. Funding to be from the 80% of the Second Gas Tax, current balance is approximately $4.4 million. 41 -APR 2 01g83 baox to pacE �9 t/?'112 14 J1.S5 fit r SR//LOCAL NAME r nRP F11NOS I 7 , UISTRICT FOUR PROGRAM WORKSMIET �� INDIAN RIVER COUNTY f YIJGIS2A CS IN TMOUSANOSi PACE 1J LOCATION IPH 1 82/83 1 8J/84 1 84/85 tri/ed6/87 T i 415352 p-60/(iR a880054 FM OR 1880054 TO MERRIL BARBER BRIDGE ICST 1 250 f: 7 , BRP FUND TOTALI 250 1i ti CP FUNDS 41537n SR-5/US-1 FN N GiFFORO RD TO TCST 58 CEI 12 r, 41SJR2 SR -60//6 ST PARALLEL FM 29 -AVENUE TO 20 AVENUECST'• 37 r. CET 7 415383 SR -60 FM i 20 AVE(1 WAY PAIR] TO TCST 107 CEI 2 1. CP FUND TOTAL) 144 103 r`c Cf V1 FUNOS ++gg `b r' 415375 SR -AIA FN SR -60 TO N.OF CR-510/MA050 fcsr 1 1.098 N d' it Cr�`T Im-is Alternate # 1 Purchase 10' Right-of-way Purchase -of-wa C\ Alternate 4 3 North side of 16th. Street 5' Righ g Y North side of 16th Street Route Bikeway Construct 8 Bikepath from 29th Avenue to 20th Avenue Construct 5' Sidewalk from'29th Avenue to 20th Avenue Along 15th Street 27th Avonue to 20th Ann ue Extend 27th Avenue PaLh from 12th Street to 15th Street Fkuchns Right -of -Way 2873 L.F. @ $22.50 = $64,642.50 2873 L.F. @ $13.50 = $38,785.50 Existing 60' & 50' wide RM 650 A $20.00 = $13,000. Possibly 27th Avenue R/W Utility Considerations a 1) F.iectricJPhone No Pole Relocation No Pole Relocation 3 poles 2) Drainage Extend 7 culverts w/headwalls 7 @ $250.00 = $1,750. Extend 7 culverts w/hea&nlls 5 crossdrains 51250.00 ; s 7 @ $250.00 = $1,750 . 3) other Relocate 1 Telephone Splice Box Relocate 1 Tele one ph Splice Box Driveways are numerous Relocate Parallel Swales/Drives Tree Removal 16 - 10" to 12" trees to be relocated @ $200.00 = $3,200. 14 - to trees be 4 -Palms @ $200.00 = $800.00 +'. $2" ate relocated @ $200.00 = $2,800.00 $2 Cloaring/Grubbing 450 L.F. Hedge/Fence 450 L.F. Hedge/Fence � $3.00/L.F. = $1,350.00 $1,350.00 300 L.F. @ $3.00 $900.00@ Fill Minimum Fill 400 C.Y. @ $3.00 = $1,200.00 Minimum Fill $600.00 800 C.Y. @$3.00 = $2,400.00 Construct Bike/Ped. Facility 3000 L.F. @ $10.00 L.F. _ $30,000. 3000 L.F. @ $8.00 = $24,000. 15th St. - 2500 L.F. @ $10.00/LF = f $25,000. 27th Ave.- 3000 L.F. @ $10.00/LF = $30,000. Subtotal $102,142.50 $ 69,285.50 �aa" Less $ 73,350.00 State DOT Funding 37,000.00 -0- -0- j Local Cost $ 65,142.50 $ 69,285.50 t $ 73,350.00 :r APR 2 01983 a q� FA0' X72 Mr. Davis emphasized that the estimated $90,000, based on appraisal figures obtained from the Property Appraiser, does not include any condemnation or legal costs, and those costs could be significant. Commissioner Scurlock reported that when these figures were presented to the Transportation Committee there was a good deal of discussion and concern evidenced about how close the path would be to people's yards. He believed there was some consideration given to acquiring 5' instead of 101, which might not only be better dollarwise but also make the individuals happier. Commissioner Wodtke asked if 8' paving is not required for bike paths, and Commissioner Scurlock noted that it would not be if we did not use the DOT funds. Although by acquiring only 5', we would lose the DOT money, and it would cost a little more, (about $4,000); he believed this difference would be more than offset by lesser legal costs. Chairman Bird brought up the liability question if we design and build a bike path that doesn't meet State criteria. He felt there is not a more difficult place to put a bike path or a location that is more. in need of one. Commissioner Scurlock noted that cities in some parts of the state, for instance, Gainesville, in lieu. of bike paths have merely marked off a lane in their highways for this purpose. He believed there are other alternatives we could check .on, but agreed that Attorney Brandenburg does need to check on the liability situation. Mr. Davis commented that at a seminar he had attended in Fort Lauderdale, he had learned that designating a lane on the highway for bicycle traffic is acceptable, but it was not felt this would be feasible on 16th Street due to the proximity of the canal on the south and the pole line on the north. He continued that he also got the impression from the seminar that if you construct a facility and sign it as a bike path and don't build 44 M 0 M M M it in accordance with the 1982 DOT bikeway guidelines, then you are subject to liability. If you don't formally designate it as a bike path, then it is pretty much considered a pedestrian path, and if a bicyclist uses it, it is a different situation. Commissioner Wodtke expressed concern about the larges amount of money involved and asked what would be done about the water meters which might be in the way. Mr. Davis believed there are only a few and they can supply a box with a cover on it. He noted that right now the design calls for an 8' bike path from U.S.1 to 29th Avenue. Chairman Bird felt the proposed path opens up an opportunity to get from the west of town all the way to the Beach - not just to the school. Some discussion ensued regarding existing bike paths on 12th Street which could connect. Mr. Davis stated that the Transportation Committee felt that the corridor was just as important as a pedestrian corridor as it is for a traffic corridor, and the School Board evidenced a great desire for providing pedestrian facilities. In discussion as to the status of the present plan, he noted that it would not be 11 difficult to change it to 5' rather than 81. Commissioner Scurlock again emphasized that the Transportation Committee recommended going with 5' rather than 10', and discussion resumed as to the residences that would be impacted by the closeness of the path. Commissioner Bowman brought up the possibility of a 5' path on each side of the road, but it was noted that the problem was the Drainage District Canal on the one side. Public Works Director Davis stated that he would change his position and recommend acquiring 5' on the north of 16th Street and constructing a 5' sidewalk from 29th Avenue to 20th Avenue. Commissioner Scurlock agreed this was a good compromise and felt it ultimately would cost less and be more acceptable to property owners. 45 APP 2 01983 509K 151,,3 PACE 271 r- I P 'f 2 0 1983 BOOK 153-PAU274, MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, to approve Alternate #2 (purchase 5' R/W north of 16th St. & construct a 5' sidewalk from 29th Ave. to 20th Ave.) at a cost of $69,285.50. Engineers Darrell McQueen, of Lloyd and Associates, came b9fore the Board and questioned what the County's liability might be if the project is built as a sidewalk but continually used as a bike path; he felt that bicycles are not usually allowed on sidewalks. The preceding discussion of all the problems and various alternatives were reviewed with Mr. Lloyd and Mr. McQueen. Attorney Brandenburg felt that the main issue is that the path must be designed safely. If it appears to a normal individual to be a bicycle path and they ride their bicycle on it, no matter what you call it, if it is not designed safely, you will be sued. As to design standards, it can be argued either that the current DOT standards -apply or that it meets standards developed over the years. The Attorney emphasized that the rule for negligence is the reasonable expectation of a reasonable person. Mr. McQueen noted federal criteria requires that a bike path be a minimum of 5' from the edge of the existing shoulder. Commissioner Scurlock believed that most sidewalks -in the community are used as bike paths. Discussion continued at length re 5' opposed to 81, liability, alternatives, etc., and Mr. Davis noted that the path will be outside of the pole line and will be at least 5' away from the street. THE CHAIRMAN CALLED FOR THE QUESTION to adopt Alternative #2. It was voted on and carried 3 to 1 with Commissioner Wodtke voting in Opposition. 46 AWARD OF $5,000,000 BEACH ACQUISITION BONDS (Continued) Finance Director Barton and Financial Consultant Blackwell reported that they have checked the calculations on all the Bids submitted, and there was only one minor adjustment in the bid of Smith Barney. Discussion continued regarding a statement about insurance, and Mr. Blackwell noted that the customary practice is not to mention insurance unless there is any. He suggested that the provision authorizing printing of an insurance statement, be deleted from the title of the Resolution and also that Section 5 on Page 3 of the Resolution regarding insurance be deleted. ON MOTION MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, Commissioner Lyons being absent, the Board by a 4 to 0 vote unanimously adopted Resolution 83-28 fixing the interest rates and awarding the Beach Acquisition Bond issue to the best bidder, Smith, Barney, Upham in the amount of $4,970,017.60, deleting reference to insurance from the Title of said Resolution and deleting Section 5, Page 3. 47 aa�c 3 AGE `�5 'F -APR -2 01983 BaOif _F9Cr 276 RESOLUTION NO. 83-28 A RESOLUTION FIXING THE INTEREST RATES FOR GENERAL OBLIGATION BONDS OF INDIAN RIVER COUNTY, FLORIDA; AWARDING SAID BONDS TO THE SUCCESSFUL BIDDER AT PUBLIC SALE THEREOF; NAMING THE PAYING AGENT FOR SAID BONDS; AUTHORIZING USE OF AN OFFICIAL STATEMENT FOR SAID BONDS; AND AUTHORIZING PRINTING OF AN INSURANCE STATEMENT ON SAID BONDS. WHEREAS, the Board of County Commissioners (the "Board") of Indian River County, Florida (hereinafter called the "County"), has heretofore, by Resolution adopted on November 17, 1982, as supplemented, authorized the issuance of $5,000,000 General Obligation Bonds (the "Bonds"); and WHEREAS, by notice duly published in the manner required by law, the County has offered said Bonds at public sale to be sold at this time, subject to the provisions of said Notice of Sale; and WHEREAS, it is necessary to award.said.Bonds to the suc- cessful bidder and to fix the interest rates for said Bonds; and WHEREAS, it is necessary to name the Paying Agent for said Bonds;, and WHEREAS, the following sealed bids have been received"for said Bonds: . Name of Bidder Smith Barney Harris Upham & Assoc. Trust Co. Bank of Atlanta Arch W. Roberts & Co. & Assoc. Purchase Price Bid $4,970,017.60 $4,960,000.00 $4,961,750.00 copies of which bids are attached hereto; and 48 Net Interest Cost Rate 6.493318% 6.786794% 6.589401% WHEREAS, after due consideration it appears that the pro- posal of Smith Barney Harris Upham of Tampa, Florida IT & Assoc. offering to pay the sum of $ 4,970,017.60 plus accrued interest from April 1, 1983, for said Bonds, bearing interest at the rates hereinafter set forth, is the best bid received;.now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. The $5,000,000 General Obligation Bonds, dated April 1, 1983, offered for public sale on sealed bids, shall, bear interest, payable on October 1, 1983, and semiannually thereafter on April 1 and October 1, at the rates per annum, as follows: INTEREST YEAR AMOUNT - RATE 1984 $ 890,000 6.00 % 1985 940,000 6.00% 1986 990,000 6.10% 1987- 1,055,000 6.30% 1988 1,125,000 6.50% SECTION 2. Said Bonds be, and the same are hereby awarded and sold to Smith Ba ny Flarri G Un] & A^moo . of Tamna 0 Florida at the purchase price of $ 4,970,07 60 and accrued interest from April 1, 1983, to the date of delivery thereof, bearing interest at the rates per annum set forth in Section l hereof. SECTION 3. The Bonds shall be payable as to both prin- cipal and interest at the Florida National Bank, Jacksonville, , Florida. SECTION 4. The distribution of the Preliminary Official Statement is hereby ratified and confirmed and the proper officers of the County be and they are hereby authorized and directed to execute a final Official Statement and to deliver same to the Purchaser of the Bonds upon the delivery thereof. SECTION 5. The proper officers of the County be and they are hereby authorized and directed to execute the Bonds when pre - 49 APR 2 01983 53 PAGE 277 APR 2 0193 5� - 3 P c� pared, and to deliver same to said Purchaser upon payment therefor without further authority from this Board. SECTION 5. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED by the Board of County Commissioners, Indian River County, Florida, this 20th day of: April, 1983. The foregoing resolution was offered by Commissioner -Scurlock who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird - Aye `Vice -Chairman Don C. Scurlock, Jr. - Aye Commissioner Margaret C. Bowman - Aye Commissioner Patrick B. Lyons - Absent Commissioner William C. Wodtke, Jr. - Aye The Chairman thereupon declared the resolution duly passed and adopted this 20th day of April, 1983. _y Attest: ' FREDA WRIGHT, CIe BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD Chairman 16TH STREET TRAFFIC AND PEDESTRIAN IMPROVEMENTS - ENGINEERING CONTRACT (PROVISION FOR PROFESSIONAL LIABILITY INSURANCE) Attorney Brandenburg reviewed the following memo and recommendation: 50 0 TO: Board of DATE: April 12, 1983 FILE: County Commissioners SUBJECT: 16th Street Traffic and Pedestrian Improvements -- Engineering Contract Provisions for Professional Liability Insurance FROM: Gary.M. Brandenburg REFERENCES: County Attorney On February 22, 1983, the Public Works Department forwarded a copy of the Certificate of Insurance supplied by Lloyd & Associates to our office for review under the 16th Street improvements contract (copy attached. The certificate provides professional liability insurance in the amount of $500,000 per claim. The contract between the County and Lloyd & Associates calls for public lia- bility coverage of $3,000,000 per claim with a deductible, if any, not exceeding $10,000 (copy of contract provision attached). Lloyd & Associates have taken the position that the higher limit called for under the contract is unreasonable in light of the total fees involved. Mr. Lloyd has informed us that insurance at.the higher limit could cost as much as $40,000 for the three-year period of the contract. The Florida Department of Transportation requires $250,000 of professional liability insurance for'jobs with a fee range between $0 and $750,000 and $400,000 of professional liability insurance for jobs with fees ranging from $750,000 to $1.5 million. The City of Vero Beach requires $500,000 of profes- sional liability insurance for major projects. I would recommend that the County Commission consider modifying the insurance clause of the contract between Indian River County and Lloyd & Associates to provide a more reasonable liability limit in light of the total fee involved. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, to modify the insurance clause of the contract with Lloyd & Associates as recommended by the County Attorney. Mr. Lloyd informed the Board that he is well covered under the state requirements. He felt the requirement for a higher liability relates mainly to projects of a high risk nature. Commissioner Wodtke asked if we selected the firm of Lloyd & Associates on a competitive bid basis, and if so, whether the bid contained a requirement for the $3,000,000 liability coverage. 51 o .3 PAGE 27. APR 2 01993 A p R 201983 Attorney Brandenburg stated that this was in the contract requirements. Darrell McQueen of Lloyd & Associates commented that in negotiating the contract, they worked very closely with the Administrator and Attorney, and it was compiled from similar contracts entered into by other counties in the state. The contract originally submitted provided for $100,000 professional liability insurance. The insurance was originally supposed to be based on a percentage of the engineering fee and somehow this got changed to a percentage of the construction fee, which is out of line. Commissioner Scurlock agreed that the issue relates to whether it is reasonable to require the contractor to pay a $40,000 fee.for insurance on a contract of this size, and he did not believe that it is. Commissioner Wodtke just wished to be sure we are adequately covered and was concerned that in the bidding process, other bidders might have included premiums for the higher liability insurance. Attorney Brandenburg stated that would not have happened because we did not negotiate the contract until after the firms were ranked. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. The Board of County Commissioners thereupon recessed at 12:00 Noon for lunch and reconvened at 1:30 o'clock P.M. with the same members present. ZONING OF TRACKING STATION PROPERTY TO R -1A 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: 52 _f VERO BEACH PRESS -JOURNAL Published Daily 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 daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of in the Court, was pub- lished inert +evrspalZer.'r -the issues of '� '� - If Taft t�hei�sayslhat the s id Vero Beach Press-Jpurnal is a newspaper published at Vero-8acir'_ Hifi -1 die ivek G unty, Florida, and that the said newspaper has heretofore beer♦ gQntin*-' R';xplished ih id Indian River County, Florida, each daily and has been enter Obs sec t mail rpta ­ rat the post office in Vero Beach, in said Indian River Coun- ty, Flo" .f for Rt)d of one `, r next preceding the first publication of the attached copy of advertise _ nt arfd affiantrfur er says that he has neither paid nor promised any person, firm or corporat(pMa rditlbo rebate, commission or refund for the purpose of securing this advertisemenff ion in the said newspaper. Sworn to and subscribed befgge me t)qs day of A.D. 19 �— Manager) (SEAL) (Clerk of the Circuit Cou;gAndian River County, Florida) AND ALSO ` Being a parcel of land lyin9 in the East 10 acres of Government Lot 1 (the same being known as the Government Tracking Station), Sec- tion 20, Township 32 South Range 40 East Indian River County, Florida. The boundary of said par- cel being more particularly described as follows: From the Southwest comer of said Section 20, run North 89 degrees 42 minutes 15 seconds East along the Section line, 346.80 feet more or less, to a concrete monument marking the Southwest comer of the aforesaid Government Tracking Sta- tion for the Point of Beginning of the parcel to be herein described, thence run North 0 degrees 13 minutes 15 seconds East along the West line of said Tracking Station, 212.00 feet to a concrete monument; thence run South 89 degrees 15 minutes 45 seconds East, 116.00 feet to a con- crete monument; thence run North 0 degrees 13 minutes 15 seconds East, 295.20 feet to's con- crete monument; thence run South 89 degrees 15 minutes 45 seconds East 184.28 feet to a con- crete monument; thence continue South 89 de- grees 15 minutes 45 seconds East 46 feet more or less to the Mean High Water Line of the Atlan- tic Ocean; thence run Southeasterly along the Mean High Water Line, 519 feet, more or less to the South line of said Section 20; thence run South 89 degrees 42 minutes 15 seconds West along the Section line, 47 feet to a concrete monument, thence continue South 89 degrees 42 minutes 15 seconds West on th same line 436.48 feet to the Point of Beginning. Containing 4.020 acres, more or less. A public hearing at which parties in interestl and citizens shall have an opportunity to bel heard, will be held by the Board of County Com- missioners of Indian River County. Florida, in the County Commission Chambers of the County Ad- ministration Building, Dated at 1840 25th Street, Vero Beach, Florida, on Wednesday. April 20,, 1983, 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 purposes, he may need to ensure that verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Indian River County; Board of County Commissioners g By--s-Richard N. Bird Chairman Apr. $13, 1983. PUBIIX HEAWNG - — Notice of hearing to consider the following pro- posal Initiated by the Indican River County Com- munity Developmant Division to zone land as RAA. "Single family Rpsirlential glstrio." The subject property '.kti¢ated on the east side of State Road AIA; between 'I" cty limits of In- dian Riva Shores and Vetz>Seach. The subject property Is described as: From the. Southwesterly :comer of Pebble Beach Development No 2 .accenting to a plat file in Piat Book 7, Page S$A, c flilicards of In- dian River County run N *894egraue 63' 24" E,; 421.88 feet along the south`boundary of said Pebble Beach Develoment Wo. 2 and thence run S 0 degrees 06' 36" E. 20.00 feet to the Point of Beginning. From said Point of Beginning run N 99 degrees 53' 24" E, 344.28 feet to the Southeast comer of. Pebble Beech Dowelppment No. 2;; thence run S 0 degrees 22' 34".£, .320 feet along the West boundary of -the East 108. acres otseid Government. Lot 1, ::Section 20, township 32, South, Range 40 East; thence no'S 89 degrees; 63' 24" W. 344.28'; and thence run N 0 degrees] 06' 36" W 320 feet to the Point of $eginning. All lying and being in Section 20, Township 321 South, Range 40 East, Indian River County, Flor-I Ida. Containing 2.529.acres more or less. J AND ALSO That certain tract or,Pi rcel of land located in Government Lot 1, 8146tin 20, Township 32 South Range 40 East in InIfien River County, Flor- ida, and more'pardeularly described as follows, to -wit As a point of reference, commence at the southwest comer of said Section 20; run thence S 89 degrees 45' 25" E.alort8 th south line of said Section 20, a distance of -349.14 feet to a con -1 crate monument thence N'0 degrees 13' 15" E„ 1,000 feet to the point of beginning of the prop -i arty hereby conveyed; from said point of begin -1 Ing continue N 0 degrees 13' 15" E, 350 feet to a: point; thence S 89 degrees 45' 25" E, 90 feet, more or las, to thq mean high water line of the Atlantic Ocean; thence meander in a southeast-' arty direction 375 feet, more or less, to a line that is parallel and 1,000 feet north of the south line of j said Section 20; thence N 89 degrees 45' 25" W, i 208 feet more or less, to a line that is parallel and 349.14 feet east of the west line of said Section 20 and the point of beginning, containing 1.21 acres, more or less. Being a parcel of land lying in the East 10 acres of Government Lot 1 (the same being known as the Government Tracking Station), Sec- tion 20, Township. 32 South, Range 40 East, In- dian River County, Florida. The boundary of said parcel being more particularly described as fol- lows: From the Southwest comer of said Sectin 20, run North 89 degrees 42' 15" East along the Section Lure 346.80 feet. more or less to a con- crete monument marking the Southwest comer of the aforesaid Government Tracking Station; thence run North 0 degrees 13' 15" East along the West line of said Tracking Station, 212.00 feet to a concrete monument for the Point of Begin- ning of the parcel to be herein described: thence continue North 0 degrees 13' 15" East along the same line, 788.00 feet to a concrete monument; thence run South 89 degrees 45' 25" East 208.00 feet, more or less, to the Mean High Water Line of the Atlantic Ocean: thence run Southeasterly along the Mean High Water Line, 514.00 feet; thence run North 89 degrees 15' 45" West, 46.00 feet, more or lase to a concrete monument which Is 25 feet, more or less West of the Ocean Bluffl line; thence continue North 89 degrees 15' 45"' West on the same "Ilse, 18428 feet to a concrete, monument; thence run South 1 degree 13' 15" West 295.20 feet to a concrete monument; thence run North 89 degrees 15' 45" West, 116.00 feet to the Point of more or. Beginning. Containing' 4.020 acres, i 60a 53 PAGE 281 r APR 2 0 198 a�cF�e� Environmental Planner Art Challacombe reviewed the staff memo, noting that this is a County initiated zoning; there is no present zoning which makes it hard to develop both for the County and Florida Institute of Technology, and the R -1A will permit both schools and parks. TO: The Honorable Members DATE: March 29, 1983 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: ' - SUBJECT: 4 atrick Bruce King, CP THROUGH: Robert Keating, AICP Planning & Zoning Mgr. ZONING OF 11.78 ACRES OF THE TRACKING STATION PROPERTY TO R-lA, SINGLE- FAMILY DISTRICT FROM:. REFERENCES: Art Challacombe Environmental Planner. WORkO2/Trkg Sta It is requested that the data herein presented be given formal consideration by the County Commission at their regular meeting on April 20, 1983. DESCRIPTION & CONDITIONS On February 6, 1980, Indian River County and the Town of Indian River Shores became involved in litigation over the control and development of the U.S. Air Force surplus property known as the "Tracking Station" parcel.- The court case involved the annexation of the property by the Town. The litigation determined that the property was improperly annexed by the Town and that the annexing procedures were declared null and void. Due to this action, the Tracking Station property is currently a county enclave without a zoning district classification. On February 14, 1983, the Community Development Division received a letter from Mr. Steve J. Neville, Director of Physical Plant Facilities at Florida Institute of Technology. The letter indicated that F.I.T., through prior discussion, was in agreement with the County's proposal to zone the Tracking Station property to R -1A, Single -Family District. F.I.T. intends to expand their oceanographic laboratory facility. On March 24, 1983, the Planning and Zoning Commission voted to recommend approval of the zoning action. ALTERNATIVES & ANALYSIS Land Use Analysis - In this section, an analysis of the existing land use pattern will be presented as well as a discussion of the future land use as established in the Land Use Element of the Comprehensive Plan. Existing Land Use Pattern - The subject property to be zoned to R-lA, Single -Family District consists of two principal uses: 54 Q 1) County Beach Park 2) F.I.T. Oceanographic Laboratory Facility The Atlantic Ocean abuts the subject property on the east and to the north of the property lies an existing single-family subdivision, zoned R-lA by the Town of Indian River Shore's. To the south of the property is vacant land within the Vero Beach City limits. The City zoning for this property is C-lA, Commercial District - Restricted Retail. Directly to the west of the property are the.following uses: 1) 7-11 convenience store w/gasoline islands 2) Eckerd Drug Store 3) Pebble Beach Villas (a multiple -family residential development). Future Land Use Pattern- The subject property is designated as "Park" use in the Indian River County Comprehensive Plan. The proposed zoning to R-lA, Single -Family District is in conformance with the plan. Parks are a permitted use in the R-lA District and schools are permitted as a special exception use after site plan approval. The Indian River Shores Comprehensive Plan designates the surrounding areas as "Commercial," "Moderate Density Residential" (maximum of 6 units/acre), and "Low Density Residential" (maximum of 2.9 units/acre). The City of Vero Beach's Comprehensive Plan designates its surrounding area as Tourist Commercial. The proposed zoning and existing uses are complementary with both municipalities' plans. Roads/Traffic The proposed zoning to R-lA, Single -Family District will not affect the existing uses of the property, thus no traffic impacts are expected as a result of the zoning designation. "Environment - A portion of the subject property is located within the Coastal High Hazard Zone (V12, el 12) and the Flood Hazard Zone (A10, el 9) as designated on the Flood Insurance Rate Map. The property is not designated as environmentally sensitive on the future land use map; however, a portion of the property is located within the coastal construction setback line. No adverse impacts to the dune system are expected as a result of the zoning designation. RECOMMENDATION Based upon the above analysis, staff recommends approval of the zoning designation of R-lA, Single -Family District to the subject property. Commissioner Wodtke asked if there is a reason for the R-lA zoning over any other, and Mr. Challacombe stated that the R-lA is the only zoning which permits both schools and parks, and they wished to make it very clear that both uses were permitted. Commissioner Wodtke asked if we can't zone the portion meant for park use "Park." but a public park. 1 Ito •� He noted that it can't be used for anything 55 NO U3 PAGE 283 n Mr. Challacombe explained that there is no Park zoning classification; we only have a Marine Park category. He continued that they have had extensive conversations with F.I.T. and asked them to give us a waiver of notice to avoid the 30 day notification period since our site plan is ready for the park and we wanted to move; they have been very cooperative and waived notice as follows: FLORIDA INSTITUTE OF TECHNOLOGY MELBOURNE, FLORIDA 32901 OFFICE OF THE VICE PRESIDE\'T FI\ANCIAL AFFAIRS 5 April 1983 Mr. Arthur Challacombe County Administration Indian River County 1840 25th. Street Vero Beach, Florida 32960 Reference: F.I.T. Research Center Vero Beach, Florida Dear Mr. Challacombe: In response to your letter of March 15, 1983, you are hereby notified that F.I.T. waives its priviledges-regarding notice to property owners concerning the application to zone F.I.T.'s Research Center Property R-lA. On behalf of Florida Institute of Technology I wish -to express our appreciation for the cooperation we have received during the preliminary development of our Research Center. Sincerely, FLORIDA INSTITUTE OF TECHNOLOGY W d ohn W. Simmons Vice President for Financial Affairs 56 A o- i Commissioner Wodtke stated that his only concern is that someone reading that we are zoning the park area with a residential zoning may feel that it our intention to use it as such. Mr. Challacombe pointed out that this area is designated as park under the Comprehensive Plan. The Chairman asked if anyone present wished to be -heard. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously adopted Ordinance 83-17 rezoning the F.I.T. and County Tracking Station property to R-lA as advertised. ORDIWV= NO. 83-17 WE MWI the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to zone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THMMFORE, BE IT ORDAINED by the Board of County Conanissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County Florida, and the accompanying Zoning Map, be amended as follows: I. That the Zoning Map be changed in order that the followingdescribed r property situated in Indian River County, Florida, to -wit: - 57 APR 0 1983 BOX 53 PACE 285 r, - APR 2 0 198%2 F_ 1 The subject property is located on the east side of State Road A -1-A, between the city limits of Indian River Shores and Vero Beach. The subject property is described as: - From the Southwesterly corner of Pebble Beach Development No. 2 according to a plat filed in Plat Book 7, Page 83-A, Public.Records. of Indian River County run N 890 53' 24" E, 421.88 feet along the South 6boundary of said Pebble Beach Development No. 2 and thence run S 0 06' 36" E, 20.00 feet to the point of Begin- ning. From said Point of Beginning, run N 890 53' 24" E, 344.28 feet to the Southeast corner of Pebble Beach Development No 2; thence run S 0 22' 34" E, 320 feet along the West boundary of the East 10.69 acres of said Government Lot 1 Section 20, Township 32, South, Range 40 East; thence run S 89Y 53' 24" W, 344.28'• and thence run N 00 06' 36" W 320 feet to the Point of Begin ning. All lying and being in Section 20, Township 32 South, Range 40 East, Indian River County, Florida. Containing 2.529 acres more or less. That certain tract or parcel of land located in Government Lot 1, Section 20, Township 32 South, Range 40 East in Indian River County, Florida, and more particularly described as follows to -wit: , As a point of reference, commence at the southwest corner of, said Section 20; run thence S 890 45' 25" E along the south line of said Section 20, a distance of 349.14 feet to a concrete monument, thence N 0 13' 15" E, 1000 feet to the point of beginning of the Property hereby conveyed; from said point of beginning continue N Ow 13' '15" E, 350 feet to a point; thence S 890 45' 25" E, 90 feet, more or less, to the mean high water line of the Atlantic Ocean; thence meander in a southeasterly direction 375 feet, more or less, to a line that is parallel and 1000 feet north of the south line of said Section; 20; thence N 890 45' 25" W, 208 feet, more or less, to a line that is parallel and 349.14 feet east of the west line of said Section 20 and the point of begin- ning, containing 1.21 -acres, more or less. Being a parcel of land lying in the East 10 acres of Government Lot :1 (the same being known as the Government Tracking Station), Section 20, Township 32 South, Range 40 East, Indian River County, Florida. The boundary of said parcel being more particularly described as follows: From the Southwest corner of said Section 20, run North 89° 42' 15" East along the Section Line 346.80 feet, more or less to a concrete monument marking the Southwest corner of the aforesaid Government Tracking Station; thence ran North 0° 13' 15" East along the West line of said Tracking Station, 212.00 feet to a concrete monument for the Point of Begi" of the parcel to be herein described: thence continue North 0 13' 15" East along the same bine, 788.00 feet to a concrete monument; thence run South 89 '45' 25" East 208.00 feet, more Or less, to the Mean High Water Line of the Atlantic Ocean; 'thence run Southeasterly along the blean High Water Line, 514.00 feet; thence run North 890 15' 45" West, 46.00 feet, more or less to a concrete monument which is 25 feet, mode or less West of the Ocean Bluff line; thence continue North 89 15' 45" West on the asame line, 184.28 feet to a concrete ntianument; thence run South 1 131 15" West 295.20 feet to a concrete monument; thence run North 890 15' 45" West, 116.00 feet to the Point Of Begin- ning. Containing 4.020 acres, more or less. 58 Being a parcel of land lying in the East 10 acres of Government Lot 1 (the same being known as the Government Tracking Station), Section 20, Township 32 South, Range 40 East, Indian River County, Florida. The boundary of said parcel beincj. more parml;arly described as follows: From the Southwest corner of said Section 20, run North 89 degrees 42 minutes 15 seconds East along. the Section line, 346.80 feet, more or less, to a concrete mmmment marking the Southwest corner of the aforesaid Government Wracking Station for the Point of Beginning of the parcel to be herein described; thence run North 0 degrees 13 minutes 15 seconds East along the West line of said Tracking Station, 212.00 'feet to a concrete, monument; thence run South 89 degrees 15 minutes 45 seconds East, 116.00 feet to a concrete monument; thence run North 0 degrees 13 minutes 15 seconds East, 295.20 feet to a concrete monument; thence run South 89 degrees 15 minutes 45 seconds East 184.28 feet to a concrete monument; thence continue South 89 degrees 15 minutes 45 seconds East, 46 feet, more or less to the Mean High Water Line of the Atlantic Ocean; thence run South- easterly along the Mean High Water Line, 519 feet, more or less to the South line of said Section 20; thence run South 89 degrees 42 minutes 15 seconds West along the- Section line, 47 feet to a concrete monument; thence continue South 89 degrees 42 minutes 15 seconds West on the same line 436.48 feet to the Point of Begin- ning. Containing 4.020 acres, more or less. Be zoned R--lA, Single Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 20 day of April I, 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: =eew--L/f�1���� Richard N. Bird, Chairman Acknowledgment by the Department of State of the State of Florida this 25th day of April ', 1983. Effective Date: Acknowledgment from the Department of State received on this 2 9 th daY of Ap r i 1 , 1983, at3 : 0 0 A.M. /P.M. and filed in the Office of the Clerk of the Board of County Camn:ssioners of Indian River County, Florida. F.11!W2 , OI! • • *1 U -SIR F. 59 - 'BOOK � PaeF� 7APR 2 0 1983 APR 2 0 1983 WETLANDS IDENTIFICATION PROGRAM - TCRPC Community Development Director Bruce King reviewed the following memo: TO: The Honorable Members of DATE: March 24, 1983 FILE: the Board of County Commissioners SUBJECT WETLANDS IDENTIFICATION PROGRAM TREASURE COAST REGIONAL PLANNING COUNCIL FROM Patrick Bruce King, AIc ERENCES: Director Community Development Division It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 20, 1983. DESCRIPTION & CONDITIONS On November 15, 1982 the Treasure Coast Regional Planning Council received a proposal from the U.S. Fish and Wildlife Service to conduct a Wetlands Identification Program within Palm Beach, Martin, St. Lucie and Indian River Counties. The principle products to be provided under the proposed contract would be: 1) clear reproducable and paper copies of each 1:24,000 scale map showing existing wetlands, 2) statistics regarding the wetlands that occur within each County. ALTERNATIVES & ANALYSIS The maps which would be produced under the proposed contract would be of considerable value to the County in its assess- ment of proposed development projects which include environ- mentally sensitive lands. Furthermore, these maps would be useful to the County in its future efforts to best manage the environmental resources within the County. The total cost of producing these products for Indian River County would be $12,114.00. However, this program is operated on a 50-50 funding basis with the U.S. Fish and Wildlife Service. Therefore the local share is $6,057.00. During the January meeting of the Regional Planning Council, the Council agreed to fund 40% of the local costs, or $2,422.80. The remaining 60%, or $3,634.20, would have to be paid by Indian River County. RECOMMENDATION It is the staff's recommendation that the Board of County Commissioners approve Indian River County's joint participa- tion in the U.S. Fish and Wildlife Service's Wetlands Identification Program. FUNDING Funding for this expense is to be covered by Account #001-199-513-99.91 (Board of County Commissioner's Contingency Fund) with a present balance of $272,795.0.0. i 60 i Mr. King emphasized that we would receive reproducible copies of these maps and our share of the cost would only amount to $3,634.20. Commissioner Wodtke felt this is a good project, but had some concerns about going further into the Board's contingency account. Commissioner Scurlock concurred and noted that if we continue to grant all these requests, we may not have any money left in contingency one of these days. Discussion followed regarding timing of the contract, and Mr. King stated that it is desired that we sign the contract now and they would prefer a financial payment this year. He commented that Mr. Shannon of the Treasure Coast Regional Planning Council did say that he would accept a commitment if that was the only way they could get the project approved. Commissioner. Wodtke expressed concern about any possible duplication of work done by Harbour Branch Foundation. Administrator Wright felt there might be some slack in the Planning Budget where funding for this project could be found. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, to approve joint participation in the U.S.Fish and Wildlife Service Wetlands Identification Program as recommended, funding to be from the Planning Department's existing budget. Commissioner Wodtke asked about guidelines for determination of wetlands. Environmental Planner Challacombe informed the Board that the U.S.Fish & Wildlife Service has a wetlands classification system based solely on scientific research, soil types, vegetation types, etc., rather than jurisdictional boundaries, APR 2 01983 61 a� PacE 289 y P R 2 01983 B©ox FAGF c� which is what Corps of Engineers uses. He noted that when staff reviews a subdivision, they use the Fish & Wildlife standards which are the most objective. Chairman Bird commented that the Treasure Coast Regional Planning Council is in the process of revising their wetlands policy, and he has become concerned that their new wetlands policy may affect agriculture as well as development. Since agriculture is expanding to the west in our county in an area that may or may not be considered wetlands, he would like to have apublic workshop here with a representative of the Regional Planning Council before their wetlands policy is adopted. Commissioner Scurlock noted that the St. Johns River Water Management District is going to have a meeting in Melbourne, and he would encourage local participation. Commissioner Wodtke wished to know if, in the process of the adoption of the new wetlands policy, there will be public hearings to provide an opportunity for local input and staff will have an opportunity to look at the proposed designations. He noted that we had a real problem when we had to correct the old Flood Insurance Maps. Mr. Challacombe stated that, as he understands it, the study will be conducted solely by -the Fish & Wildlife Service who will distribute the maps to us, and we will have an opportunity to make comments. He believed this can be reviewed in a public workshop before they complete the contract and would definitely encourage that this be done. After some discussion, Commissioners Scurlock and Wodtke agreed to reword their Motion as follows: ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved joint participation in the U.S.Fish & Wildlife Wetlands Identification Program as recommended, funding to be from the Planning C! A Department's existing budget; said funding to be available contingent on having some vehicle which will provide the County opportunity for public input. REPORT ON TRANSPORTATION PLANNING COMMITTEE Commissioner Scurlock gave the following report: SUMMARY OF ACTIONS TRANSPORTATION PLANNING COMMITTEE April 12, 1983 1. Intersection Study: 41st Street/43rd Avenue Committee approved staff recommendation-Eo—install an aerial flashing beacon and widen the 41st Street approaches to improve truck traffic flow. Budgeted funds are available to, install an aerial flashing beacon (estimated at $5,000) and perform the road widening (estimated at $8,000). 2. Barrier Island Traffic Study Zero Beach City Coundil has approved development of engineering drawings to widen SR AlA to three lanes north of Beachland Blvd. County Engineering Department is currently developing plans for the road section in the unincorporated area. 3. Intersection Study: 17th Street/6th Avenue Improvements approved by the Committee and Board last fall are being implemented. Phasing has been changed and lengthening of the left -turn lanes on 17th Street are scheduled for construction during FY 83-84 by FDOT. 4. Traffic Signal Projects: Discussion and Prioritization for Fiinrli nrr Committee unanimously agreed that funding for the flashing beacon ($5000) for 41st Street/43rd Avenue be considered in this year's budget. It was further agreed that the two remaining projects be funded 100% by the County (Old Dixie and SW 20th and Old Dixie and 8th Street) & be included in the County's FY 83/84 budget. It was also agreed that the funding schedule and status for the other traffic signal projects be approved as listed in the Traffic Signal Projects handout. 5. Barber Bridge Operations Committee directed staff to continue work evaluating traffic flow/bridge opening conflicts and to apply to the Coast Guard for changes in regulations. 6. State Road 60 "Twin Parr" Project Committee offered support to the Vero Chamber of Commerce for advancement in project by FDOT. 63 Beach Council and scheduling of this BOUK 53 PAGE 291 1983 BOO, acc .Yy Some discussion ensued regarding the SR 60 "Twin Pair" Project, which Commissioner Scurlock stated the committee has identified as a high priority. Chairman Bird felt we should work through the committee working in conjunction with staff to study the issue and make a recommendation. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized staff to come up with a recommenda- tion to be analyzed by the Transportation Committee and the committee to make a recom- mendation to the Board based on that analysis. Commissioner Wodtke commented that at the City Council meeting last night, he heard a report made by the City representative of the Transportation Planning Committee which inferred that the Committee and the Traffic Engineer said that the 41st Street and 43rd Avenue intersection did not warrant any signal and that nothing was going to be done. Commissioner Scurlock emphasized that the Committee after some discussion re parents' concerns, etc. did make the stated recommendation re an aerial flashing beacon and widening the 41st Street approaches, which was a little different than the original recommendation by the Traffic Engineer. In fact, they indicated they might give this further consideration at a later date to see if even further action was warranted. Commissioner Scurlock also commented on a bad situation at the intersection of 12th St. and U.S.1, which has resulted from repainting of the yellow arrows on the pavement which do not coincide with the signalization. REINHOLD vs. INDIAN RIVER COUNTY vs. CONNELL, METCALF & EDDY Attorney Brandenburg reviewed his memo in regard to retaining a national consulting firm, as follows: 64 L � s � TO: Board of DATE: FILE: April 12, 1983 County Commissioners SUBJECT: Reinhold vs. Indian River County vs, :;onnell, Metcalf & Eddy, !enc. FROM: Gary M. Brandenburg REFERENCES: County Attorney Judge Vocelle has scheduled this case as No. 1 on the docket for jury trial commencing September 7, 1983. It is now necessary for the County to determine the extent of expert testimony we will offer the court and jury in support of our position. In many con- struction contract cases the strength of the expert witness' testimony plays a large role in the final outcome. The court has indicated that it will not permit any party to offer more than two experts on each topic subject to expert testimony. The County has two options in this regard. The County may rely on totally local expertise in the West Palm Beach, Miami or Vero Beach area,. This alternative will probably result in a cost of between $4,000 and $6,000. The other alternative would be to retain a nationally recognized consulting firm. The cost of this later alternative will be substantially greater. Consequently, it is necessary to determine whether the use of a national firm will likely result in a cost savings outcome that will in the long run offset the added cost of the national firm. Mr. Young, the County's special counsel in this case, recommends that Indian River County retain Hill International, a nationally recognized Consulting firm with offices in New Jersey and Philadelphia, to conduct an initial review of our case and there- after to help us determine whether retaining their services would be financially feasible considering the magnitude of the claims involved. The cost of such an initial review would be approxi- mately $1,000. This would include a trip to Vero Beach by one of the firm's junior members to review the case. I would recommend that the County proceed with Mr. Young's suggestion. Attorney Brandenburg commented that he would not want Hill International to work for the County if their fees are too high, and they, in turn, don't want to work for us if the case is not of large enough magnitude to justify their expenses. They, therefore, assign a junior member to evaluate the case. What they would be doing for us is providing us with consulting expert witnesses for trial and a computer program of the construction schedule for the Administration Building and the Courthouse. They would include each possibility that arose during construction, and that would give us at trial a means of APR- 2 0 1983 65 N09( 53 FACE ?93 APR 2 0193 BOOK R F4�F,6994 . determining that a particular change order did or did not delay the construction schedule. If it did not delay the schedule and could have been done concurrently with other work, then the contractor is not entitled to any delay. We have 65 change orders, and they are going to try to show that they were necessitated because of omissions by the architect, rather than being extras as the architect will claim. Question arose as to whether this could be funded from the Attorney's budget for outside legal assistance, and Attorney Brandenburg stated that it could be. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the Attorney's recommendation as set out in the above memo. .• WAIVER REGARDING REZONING LOTS 55 & 56 - WAUREGAN SUBDV. The Board reviewed the following staff memo and attached map: TO: The Honorable Members of DATE: April 5, 1983 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: WAIVER REGARDING THE REZONING OF LOTS 55 SUBJECT: & 56 OF WAUREGAN Patrick Bruce King, AICP SUBDIVISION THROUGH: Bob Keating, AICP,azz Planning & Zoning Dept. Manage FROM: Art Challacombe, REFERENCES: Environmental Planner It is requested that the data herein presented be given formal consideration by the County Commission at their regular meeting on April 20, 1983. DESCRIPTION & CONDITIONS The petitioner, Mr. Gregory J. Gore, is requesting a waiver of those provisions of Florida Statutes Chapter 171.062 regarding an increase of density and a rezoning of the above referenced lots from R-1, Single -Family District (County density of 6.2 units/acre), to Limited Commercial, C-1, City of Sebastian. The subject property was annexed by the pursuant to ordinance #0-81-19 which was 1981. The proposed use for the two lots and professional offices. ALTERNATIVES & ANALYSIS Land Use Analysis City of Sebastian adopted on October 12, is for retail stores In this section, an analysis of the existing land use pattern will be presented as well as a discussion of the future land use as established in the Indian River County Comprehensive Plan and the City of Sebastian Comprehensive Plan. Existing Land Use Pattern The subject parcels and the surrounding lands are currently vacant and undeveloped. To the north on U.S. Highway #1 is the Shady Rest Mobile Home Park. To the south of these parcels is the Sebastian Cemetery. To the east on U.S. Highway #1 is the office of Dr. Barry Gordon. To the west of the parcels is the Florida East Coast Railroad. Future Land Use The Indian River County Comprehensive Plan designates the area abutting the annexed properties as MD -1, Medium Density Residential (maximum of eight units per acre). To the north at the intersection of U.S. Highway #1 and Roseland Road, approximately 3600 feet from the two parcels, is a 70 acre hospital/general commercial node. Given the distance between the node and the two parcels, future commercial uses in the unincorporated area are not expected to abut the annexed properties. To do so would encourage strip commercial development of the entire area. The City of Sebastian's Comprehensive Plan was adopted prior to the annexation. Recently, the City Planning and Zoning Commission approved an amendment to the plan which would designate the annexed area including Lots 55 and 56 as "Limited Commercial". Limited Commercial is defined by the City's plan as: "Limited commercial development is allocated to commercial sites accessible to major thoroughfares near residential neighborhoods. Sites within this designation are intended to accommodate shops with limited inventory or goods as well as transient lodging facilities meeting performance standards of.the Comprehensive Plan and the Zoning Code. This designation is not intended to accommodate residential development. Duly approved residential uses existing at the effective date of the Comprehensive Plan shall be deemed permitted uses. In addition, such shops cater to the following markets: 1) Neighborhood residential markets within the immediate vicinity as opposed to county -wide or regional markets, 2) a specialized market with customized market demands, or 3) a tourist oriented market in the immediate vicinity. 67 'APR 2 0 1983 ?acf 295 APR 2 0 198 F AD 53 FAcF � Commercial development within the limited commercial district shall generally be restricted to any uses permitted in the commercial/office district as well as the following uses: neighborhood convenience stores; small limited item shops and stores restricted to retail sales of convenience items and services including barber, beauty care, and other personal services; small scale drug stores; laundry and dry cleaning pick-up stations; specialty shops; and motels or other living accommodations for transient residents generally residing on a seasonal basis. Areas'designated for limited commercial development are not intended to accommodate large scale retail sales, service, and trade activities, generally serving a county -wide or regional market. Such stores would usually differ from limited commercial shops since the former would usually require a larger floor area, carry a relatively larger inventory, and require a substantially greater parking area. Uses, which are not intended to be accommodated within the limited commercial area include the following: large scale discount stores; health spas; supermarkets; department stores; full service hardware stores; wholesale and warehousing activities; general appliance shops; printing shops; sales, service or repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; gas and automotive service centers; commercial amusements; fast food establishments primarily serving in disposable containers and/or providing drive-in facilities, and other similar services to be expressly defined in the Zoning Ordinance." It is the County staff's position that the issuance of the waiver for lots -55 and 56 from R-1, Single -Family Residential, to C-1, Limited Commercial, would promote the extension and proliferation of strip commercial development along U.S. Highway #1 at the northern corporate limits of the City of Sebastian. In accordance with the County's Comprehensive Plan, as the Roseland Commercial Node expands around the intersection of Roseland Road and U.S. Highway #1, the residential land use area along U.S. Highway #1 could be reduced to as little as 1600 feet between the two commercial areas, if this waiver is approved. This action may require the County to re-evaluate the demand for retail commercial activity at the Roseland Commercial Node. RECOMMENDATION Based upon the above analysis, staff recommends that the County Commission not grant a waiver of zoning on lots 55 and 56 of Wauregan Subdivision. M M ' � 1�• �`•.. •1 IJ la. IV '� � •` \� 4n rd's 14T 3 _ �._ _ 4 \' REPLAT - .,\ i � �m is ,,_ �•- .. _ _ _ _. . __ - 5 }•' DET TORE ACR 3v 5 6. 8 \ 4 15 —113 12 II \ 9 N • FS'�\J Q S U T �` 0 • 10 0 G' CZ2>1_. h `i8 5110 12 I \ D \ ��/ �• 9 18`,17 1r, IS 14.13 IJ - Un " �\•, % ,, .PFS ti i ti • - ��'� $2� ; '� � --1-_' � _ _\`�: q��' _A\ - ` />�5-.\ I - \ s ,�I TR..•A�r `� \4 1 .1 1 � �?,? �♦451 6._,r � - Iry r� �,� \ .' .r ••� f'�•�j '�! , J5�`�..�-.-•2-�I 2 1.��\ 4 rjT f C 7 \ \'\ INDIAN "/ ` • 7\0.\ + ►•, \ Ia rs� �1i T 9\�\ RIVER CRES SE�ASTI/;N C METERY \ 2 X17 Cr CP /Q. OCEAN BREEZE 'HEIGHTS SURDIV. V people who propose to buy Lots 55 and 56, Wauregan Subdivision, to develop commercially and are, therefore, requesting a waiver of Fla.Stat.Chapter 171.062. Attorney Gore reviewed the history of the annexation of this property into Sebastian and described the development in the surrounding area. He informed the Board that he has had two public meetings with the City of Sebastian Planning & Zoning Commission, and there was unanimous approval of a rezoning from R-1 to C-1, Limited Commercial. Discussion arose as to the location of the nearest commercial area, and Environmental Planner Challacombe stated that there is a potential 1600' between this area and the major commercial node located at the intersection of Roseland Road and U.S.1,. He felt the central issue is that the subject property is right in the middle of property currently zoned R-1. Attorney Gore pointed out that the City of Sebastian plans to designate that entire area all along the railroad tracks C-1, which he believed will avoid the strip effect.. Commissioner Wodtke noted that we had planned a commercial node in this area before the land was annexed into the City of Sebastian, and Mr. Challacombe displayed a map showing the various properties located between the existing node at Roseland Road and the former node. He stated that mobile homes are predominant in the area and felt that we actually are just talking about elongating the strip. Commissioner Scurlock noted that although there is only six months more to go on the two years set out in the Statutes, his personal viewpoint is that there is a statement to be made in opposition to strip zoning. Community Development Director King commented that the other point staff wanted to make is that if in six months, Sebastian does create a Limited Commercial District, it may require that the County look at the number of acres we have in our 70 Comprehensive Plan for the Roseland node and possibly reduce that allocation. Dan Kilbride, Attorney for the City of Sebastian, informed the Board that the City Council has requested that he, the City Consulting Planner, and the City Engineer, attend this meeting on behalf of the applicant. He emphasized that their main :concern is not just the subject sect property, but the fact that it is one piece in part of a whole mosaic; therefore, they feel County staff is totally mistaken in viewing this as spot zoning, and they are prepared to show that this is not strip commercial. Attorney Kilbride continued the main concern is that when this property was in the unincorporated area of the county, it was reviewed and recognized that it should be commercial and was put in the County's Comprehensive Plan as commercial. At that time it was under single ownership and the owner sought annexation into the community. That fact, however, did not change the fundamental basis that this area should be designated as commercial. Attorney Kilbride noted that part of our responsibility to the citizens of this County is to coordinate our plans, and he did not feel that favoritism for a geographic location simply because it is in the unincorporated area of the County is sufficient reason to change the previous designation for this area and prevent the City from carrying out its plan. Commissioner Scurlock pointed out that the Roseland node already had significant development. Lester Solin, Planning Consultant for the City of Sebastian, discussed their new approach to growth management, stating that he worked with the staff and the Planning Commission long hours trying to establish a specific array of commercial types of uses so as to prevent strip commercial development along U.S.1 of the most intensive nature such as we have in Vero Beach through Ft. Pierce and Stuart. What they have come up with is COR zoning (Commercial/Office/Residential) which gives people the option of developing either multiple family or offices or certain types of 71 APR 2 0 1983 NO 53 APP 2 0 1983 BOOK - . .3u service commercial uses which would be accessory to the offices and in a fully enclosed office building. This is the most restrictive commercial policy the City has, and it is unlike anything the County presently has. Mr. Solin stated that it allows a break, but does not depart radically from established practices; it also provides the land owner with an equitable use of his land and establishes a better pattern of development along the thoroughfare for the community at large. In addition, they established a limited commercial designation for small scale commercial development, comprising specialty shops, shops with limited inventory, etc. Commissioner Scurlock asked how just interspersing office complexes, etc., with residential differs from the traditional strip zoning all along U.S.1 now. Mr. Solin pointed out that the County C-1 zoning which i•s littered all along U.S.1 allows very intensive commercial uses, such as automotives sales and services, retail sales of any scale in an enclosed area, packing houses, etc., and he stated that you cannot control land use when you have C-1 zoning that permeates the area. Mr. Solin then went .on to discuss the unique problem posed by General DevelopmentCorporation- a community planned in the 50's and comprised of very small single family lot development, which at build -out would have at least 35,000 people. Sufficient land was not allocated for commercial use, and, therefore, to accommodate the needs of the people, he stated that they almost, by necessity, have to maintain what little commercial they have along U.S.1, but try to direct the type of activities in that area to the less intensive types of commercial. Commissioner Scurlock felt they basically are saying that they are being forced into a less intensive strip zoning. Mr. Solin reviewed the buffer areas, i.e., the church to the north - the gradual reduction in intensity of land use to the south - the GDC vested industrial complex to the west abutting 72 a - the railroad - the highway to the east, and felt if their request is denied, that the Commission will be encouraging single family residential in a very confined area surrounded by commercial and industrial uses. He stressed the fact that the City anne-xed an area which by County designation was commercial and a more intensive commercial designation than the City has chosen to designate this area and that only after the property was -annexed, did the County change their policy. Mr. Solin had no fault with the County expanding the Roseland node, but pointed out that this property is a mile south of that node and it is located at the north end of an intensely developing community. It does not compete with the Roseland shopping center and it will consist of small scale neighborhood oriented types of shops and offices. Community Development Director King noted that the County also has the concept of a neighborhood commercial zone, but generally we would expect it to be at the intersection of two collector streets; in addition, it should be in as close proximity to established residential as possible. He felt neighborhood commercial requirements differ somewhat from tourist oriented areas and emphasized that the main purpose of neighborhood nodes is to get the people off the main roads. What Sebastian is trying to establish still requires the use of U.S.1. Mr. Solin pointed out that the tourist area at Oyster Bay is developing along the waterfront, and they have a situation to the west of town, that like it or not, they have a deficiency of better locations for commercial developments. Commissioner Bowman discussed the location of Dr. Barry Gordon's professional office and believed to the east of Dr. Gordon, there are mobile homes. Mr. Solin agreed that is the kind of use they would like along Indian River Drive, but to the west of U.S.1, you run into the railroad tracks. They want to provide the least intensive lateral use of the land. 73 APP 2 0 1983 5.0 3 FAGS 301 APR 2 0 1983 aovK �cF Commissioner Bowman did not understand why they need a retail store, when they already have a big Winn Dixie, a Zippy Mart, and an AG store. Mr. Solin felt that is a logical consideration, but noted that you also need to consider the most appropriate use of the land, and as the Planner for Sebastian, he cannot recommend residential in that area. Discussion ensued regarding counties that do have residential development along major highways, and Mr. Solin agreed this has been done, but the configuration of the land in this particular location does not allow for the type of landscaping amenities and berm system you need to accommodate multiple family development, especially with the railroad tracks to the west. Earl Masteller, City Engineer of Sebastian, had a problem with the fact that the County arbitrarily took the acreage from this previously commercial piece and added it to the Roseland node. Mr. Masteller noted that the City of Sebastian is trying very hard to work with the County, and he felt the County should respect the City's wishes in this -matter and look at the fairness of the situation and he certainly would hope that the City and the County can work these things out in a spirit of harmony. Discussion next arose as to whether this zoning has been before the City Council, and Attorney Kilbride stated that it has only been before the Planning & Zoning Commission; the City Council has not acted on the rezoning, but as far as the Comprehensive Plan is concerned, they have recognized this entire area as limited Commercial. Commissioner Wodtke felt that the City of Sebastian put a lot of planning and thought into their plan. He stated that he always has tried to stay out of other goverment's jurisdictional areas.. With the limiting factors surrounding this property, he had a hard time objecting and did not see this having much impact 74 M on the county. He personally felt we needed a larger node at the Roseland intersection whether this land was annexed or not. MOTION WAS MADE by Commissioner Wodtke to grant the waiver regarding rezoning of Lots 55 & 56, Wauregan Subdivision, as requested. MOTION DIED FOR LACK OF A SECOND. Commissioner Bowman asked about a C -1A designation, and Mr. Solin noted that he tried to define the distinction between County C-1 zoning and the City of Sebastian C-1. The County's is general commercial and allows a more intensive use. City C-1 is restricted commercial, and under the terms of their new Zoning Code, the terminology will be CL - Commercial Limited. Chairman Bird believed that we do have a certain responsi- bility to cooperate and coordinate with the municipalities, and felt that, unless we see that an item such as this is going to have an obvious adverse affect on the unincorporated area, we should cooperate. He felt the fact that the City has sent down three of their key people demonstrates that the City Council feels very strongly about this request. Even though he agreed he might prefer to see this some other way, he realized they are faced with a unique set of circumstances. Discussion ensued re the fact that the subject property was zoned R-1 when annexed, not C-1, and Attorney Kilbride stressed that the City's interest is not this particular property; the reason for their interest is because they feel the subject property is just one part of the 40 acres that was annexed as an entire piece. Argument continued at length regarding the probable spread of strip commercial - and the fact that, if the Board grants this 75 A R2 0 1983 9009 53 ?AcF x+03 A APR 2 01983 $DaK FAG' 304 waiver, it will be very difficult to deny others who want to stay commercial along U.S.1. Commissioner Scurlock suggested that this matter be taken to the Sebastian City Council and then brought back when we have a full Board rather than face the possibility of a split vote which represents a denial. Mr. Solin noted that there are three people present representing the City of Sebastian speaking to the issue of the larger use of the whole piece, but it is the one property owner who is bringing this particular request to the Board and they will defer to his decision. He stated that the. City would like to work with the full Commission. City Engineer Masteller agreed and invited the County Planning staff to visit the site and discuss common goals. Attorney Gore stated that he would withdraw his client's application for waiver, but it was noted that it might be preferable just to table the matter until the next meeting. Attorney Gore agreed. ON MOTION by Commissioner Scurlock, the Board unani- mously agreed to table further discussion of the re- quest for waiver regarding rezoning of Lots 55 & 56 of Wauregan Subdivision. RECOMMENDATION OF BUILDING COMMITTEE FOR TRANSFER OF BUILDING :DEPARTMENT Administrator Wright reviewed the proposed agreement and noted that one clause had been added that does not change the content. It is under No. 6. Personnel, Page 3, "Tenure for employment, seniority, and pension purposes, shall be defined as continuous service as an employee first in the City -County Building Department followed by unbroken service in the County -City Building Department." 76 Commissioner Scurlock felt this is saying that any employee who would transfer over would have to have all their service only within that particular department even though they may have worked at one time for some other department in the City. The Administrator emphasized that the intent is merely to have unbroken tenure, and he suggested defining tenure as the time of continuous service as an employee of the City and the County. Building Director Rymer concurred with that wording. Commissioner Scurlock just wished to be sure that no one gets shorted. His only other question also regarding personnel was that he felt whatever personnel files and records exist should be continued on also so that whatever situation exists would follow with the employee.. Building Director Rymer noted that, in other words, he wished the personnel records transferred to the County, and Administrator Wright confirmed that we are trying to move them just as they are. Commissioner Scurlock felt the Building Committee and staff had done a very good job on drafting this agreement. Commissioner Wodtke reported that the Committee strongly recommended that the Commission, upon creation of the department, take the necessary steps to see that it is funded for the necessary personnel to enable it to function in a timely fashion and also strive very hard to have a uniform fee structure. After the department is functioning and can be costed out, it is felt the primary goal should be to do a uniform rate study with the aim of funding the department at a level that will set it up as an enterprise account. Chairman Bird commented that when they first transfer, the rates will differ until an analysis can be done. Commissioner Wodtke noted that there are some things that are not totally addressed. They attempted to make this a basic agreement, and there will be administrative costs that will have 77 APR 2 0 1983 59% '53 PAGE 305 Fr. - APR 20 193 soon 93 FAcF to be verified - differences in life' insurance - accumulated leave - contributions for medical insurance, which are slightly different, etc. It is going to require that the City and County staff provide the Building Department employees with some factual information as -to their options; they must go on our retirement program, however. Discussion continued regarding various technical details, and Commissioner Scurlock felt it would facilitate things if the Building Committee remained intact for at least a year so they could monitor the Building Department transfer and make recommendations as they saw the need. Commissioner Wodtke agreed that he would ask the members to continue on for a longer period. He noted that the City addressed this agreement last night and authorized the Mayor to sign it, but if we are going to make any additions, it probably should be sent back to them. Attorney Brandenburg believed a clause should.be added under the Enterprise Fund since the Agreement does not specify that any surplus funds in the enterprise fund as of October lst come over to the County. He felt if the County takes over all the obligations with respect to the enterprise fund, they should get the iiurplus funds that have been built up in that fund also. Administrator Wright stated that was the intent, but possibly it needs to be clarified. Peter Robinson, President of Treasure Coast Builders Association, felt there are a few other things that should be made clear in the wording, such as specifying that any funds raised from permit fees should be used to fund the Building Department only and not any other department of the County. It was pointed out that the Agreement requires that the Department's operation shall be fully documented. Mr. Robinson then expressed the Association's concern re the phraee- under Personnel which states that "Each party will strive to assist in the continuous employment of the clerical assistants 78 as either City or County employees, if at all possible." He felt if the department is to be moved in toto, this clause would not be necessary, and if this is not so, the County should let these clerical people know where they stand now. Administrator Wright pointed out that we can't answer that until we get into the budgetary decisions; the probability is that we will keep everybody. Mr. Robinson stated that another factor the building trade feels should be looked at as quickly as possible is raising of the fees so the Building Department can be better staffed to get the building permits out quicker. Commissioner Scurlock noted that he has heard that same feeling expressed by others and appreciated the Association's attitude. Discussion ensued about the proposed language changes, and Attorney Brandenburg summarized the need to change the language re tenure to define it as continuous service as an employee of either county or city and to add a clause indicating all funds within the enterprise fund as of 9/30/83 will be transferred to the County Enterprise Fund. Commissioner Wodtke asked if this has to go back to the City Council for review, and Mayor Dorothy Cain believed with these changes, it probably should. Discussion continued in regard to approving the agreement and authorizing the Chairman's signature and then resubmitting it to the City. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously approved the Agreement with the City of Vero Beach re transfer of the Building Department, with the changes discussed, and authorized the signature of the Chairman. 79 APP 201983 BOOK � 3 PAGE 307 1983APR-2 0 A G R E E M E N T :THIS AGREEMENT, with Attachment A, made and entered into this I day of , 1983, in duplicate, P e, each executed copy constituting an original, by and between the CITY OF VERO BEACH, FLORIDA, hereinafter called the "City," and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "County," - WITNESSETH: ` WHEREAS, the City and County have expressed their desire to unite their efforts and resources to form a unified building department to provide plans review, on-site inspection and build- ing code enforcement, and WHEREAS, both parties intend.to pass a duly -enacted resolution formally expressing their intent to participate in and form the COUNTY - CITY BUILDING DEPARTMENT (hereinafter called the "Department"); and WHEREAS, the parties agree that a written agreement defining their respective rights and responsibilities regarding the formation, operation and possible dissolution of the Department is necessary. NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties agree as follows: 1. COUNTY DEPARTMENT. The formation of the County - City Building Department is hereby authorized effective October 1, 1983 as a full department of the County with the Director of the Department reporting directly to the County Administrator. The Department shall be vested with all the rights, obligations, privileges and benefits of the existing County departments and will rank equally with its peer departments in the organizational structure. 2. LOCATION. The County will provide adequate opera- ting space (physical environment) within the County Central Administration Building in such a location as to assure easy access to the public. Communications, janitorial service and maintenance shall be provided to the Department in a manner M similar to the existing County departments. 3. ENTERPRISE FUND. The Department shall be;'operated as a fully self-sustaining enterprise fund of the County. Fees for services rendered in behalf of each governmental agency are to be set periodically by the City and County respectively to insure the payment of all costs associated with the Department$a>�Iopera- tion including reasonable, fully documented general and adminis- trative costs. All funds remaining in the enterprise fund of the City - County Building Department shall be transferred to the County - City Building Department enterprise fund as of September 30, 1983. All such funds shall be used for County - City Building Department functions as specified in this agreement. 4. FIXED ASSETS. The fixed assets currently assigned to the Department from both the County and City shall be trans- ferred to the County Administration Building to insure continuous operation. Ownership will reside with the City or County as is reflected on the books as of September 30, 1983. Future replace- ment and additions of capital equipment shall be derived from fee revenue from the enterprise fund. A reasonable capital renewal and replacement fund should be a consideration in the overall budget established for the Department. At the end of three (3) years of mutually successful operation, the City will cause an inventory to be made of its property and formal transfer to the Department will be accomplished at no cost to the County. 5. OUTSTANDING OBLIGATIONS. The parties agree the enterprise fund established shall assume the outstanding liens, encumbrances, and/or indebtedness of the existing department, if any. The Department, County Administration and/or County Commission shall execute any and all documents necessary for the legal assumption of any outstanding obligations in accordance with County procedures. As of April 1, 1983 no large outstanding debt exists for this Department. Only normal monthly incurred trade credit for vehicle maintenance, routine office supplies and other commodities exists, coupled with normal salary and fringe benefit accruals. Any significant necessary capital expenditures will be coordinated -2- 504 ( 3 ?"ALE !309 A APR -2 0 I9 s, (110 between the City and the County during the period April 1, 1983 to September 30, 1983. 6. PERSONNEL. The parties agree the City will transfer the existing employees to the County, including the Director, Assistant Director, Plans Examiner and Inspectors as a minimum along with as many clerical assistants as can be logically accommodated in the County - City Department. Each party will strive to assist in the continuous employment of the clerical assistants as either City or County employees if at all possible. A list of employees with position title and current salary is listed on Attachment A. No planned increases in compensation are contemplated in the period April 1, 1983 through September 30, . 1983. Any extraordinary conditions requiring changes in compensa- tion or additions to staff will be coordinated between the City and County prior to implementation. Tenure for employment seniority and pension purposes shall be defined as continuous service as an employee, first of the City of Vero Beach, followed then by unbroken service in the County - City Building Department. The personnel files of all personnel employed by the City in the Building Department will be transferred to the Indian River County Personnel Department. Individuals who are on a probationary status at the time of transfer shall continue on such probationary status unde v the terms of the Indian River County Personnel Rules and Regulations. 7. DEPARTMENT STRUCTURE. The parties agree the exist- ing internal organizational structure of the Department be main- tained until proven ineffective through practice. Any removal or demotion will be based upon,cause only in accordance with established County personnel policy. 8. SALARIES. The salaries of the transferred employees to the Department shall be at the current rate as of September 30, 1983 plus any authorized increases for cost of living and merit enjoyed by other County employees as of the first of the fiscal year (October 1, 1983). 9. SICK LEAVE AND ANNUAL LEAVE. The Department agrees to assume the liability for accrued sick leave and annual leave of W M V the transferred employees that is posted to the City's books as unused as of September 30, 1983. The accrual rate of sick and annual leave shall be in accordance with the rate established for all County employees of similar rank and tenure as of October 1, 1983 and thereafter. Tenure shall be defined as that tare of continuous service with both the City and the County that is unbroken except for this change in status wherein the City - County Building Department becomes the County - City Building Department. 10. PENSION. The employees transferred to the Department shall be given a thirty (30) day option to join the Florida Retirement System or remain in the Municipal Pension Plan of the City. Such election will be irrevocable except as provided in each plan for any change in status. The Department agrees to pay annually the actuarial amount -necessary to maintain the trans- ferred employees status in the municipal retirement system plus any fee associated with calculating a specific employee's cost from the other employees. The County further agrees to deduct the employee portion of the City pension from his/her salary and remit same to the City bi-weekly or in accordance with any successor pay plan of the County. Seniority in the plan will be the continuous employment of the employee with the City and as a transferred employee with the County, any subsequent break in service as a County employee (after October 1, 1983) will be considered as a termination from the City pension plan and the plan provisions will be implemented accordingly. All employees under the Florida Retirement System will abide by the rules of that plan. 11. LIFE INSURANCE. The City currently provides life insurance coverage as a fringe benefit at a higher rate than the County. As of the date of transfer the employee shall be entitled to the same coverage as any existing County employee of similar tenure and rank. 12. HOSPITALIZATION INSURANCE. The transferred employees will become members in good standing of the Hospitalization and Medical plan offered to County employees on the date of transfer. Further, the medical plan will assume all APR 2 0 1,983 -4- 6001( ,i_,3 PAGE311 APR 2 0 1983 BOOK FACF cost incurred for the employee and his/her dependents, if currently covered, for medical purposes, for all costs recorded after September 30, 1983. 13. INSURANCE. The County will have in effect insurance coverage for the new Department including general liability, errors and omissions, property damage, fire, automobile, worker's compensation and other insurance as necessary to minimize, if not hold completely harmless, the City of Vero Beach from any claims due to the operation of the Building Department. Each underlying 'insurance should have an umbrella policy bringing coverage up to a minimum of $5,000,000 aggregate loss. 14. TRANSFER DATE. The new Department will be created as of 00:01 A.M. October 1, 1983. All payroll time sheets, insur- ance and fringe benefits shall be changed from the City.to the County as of that time. Payroll should be continuous to the employee with both the City and the County insuring no loss of pay to the transferred employee. 15. DISSOLUTION. Either of the governing bodies may initiate proceedings to dissolve this Agreement upon a one (1) year notice to the other. Such notification shall be in writing and will clearly stipulate the reasons for requesting dissolution and the date it intends the dissolution to be effective, (1) If less than three (3) years has elapsed since the formation of the Department, all inventory, equip- ment, personal property and other supporting equip- ment belonging to each govermental agency will be transferred to that agency in accordance with the ownership defined for the asset. (2) After three (3) years has elapsed, assuming formal transfer has taken place from the City to the County, an inventory will be taken of all assets of the Department. Each item will be identified as to its respective proportional use to each governing agency and an assignment made either to the City or County. This division of property shall be presented to both governing bodies for their .e e a r approval. it is the intention of the parties that the assump- tion of any indebtedness upon dissolution shall be accomplished in a fair and equitable manner and that each party hereto shall assume an equitable share of the total outstanding indebtedness of the Department to the extent eachoparty is benefited. 16. TERM. This Agreement shall become effective upon the execution of same by both parties and shall remain in effect until mutually cancelled by the parties. 17. AMENDMENTS. This Agreement may not be amended or modified `except by an agreement in writing duly executed by the parties hereto. IN WITNESS WHEREOF, the City of Vero Beach, Florida, and Indian River County, Florida, have caused this agreement to be signed in duplicate originals by the Mayor and attested by the City Clerk, and by the Chairman of the Board of County Commissioners and attested to by its Clerk. ATTEST: CITY 0 VERO BEACH, FLORIDA a � ,� � By: PHYL S A. NEUBERG-R 11 DOROTHY0*. CAIN City Clerk Mayor BOARD OF COUNTY COMMISSIONERS ATTEST: OF INDIAN RIVER COUNTY, FLO IDA G1 By: FREDA WRIGHT RICHARD N. BIRD Clerk Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CHARLES P. VITUNAC City Attgrney _ „ 4 Y "'BftAN'DENBU nt/y Attorneys. APR 2 0 198C __6 BOOK 53 Ne -F-313 91 _A + rT r--^.• .Rrynhs'.�q+.fy.�...^.•tiVw�s...�9R�f". APR 2 01983 DOCUMENTS TO BE MADE PART OF RECORD; Res. #83-24 - "Sea Oaks Utilities, Inc. Sewerage System Franchise," is hereby made a part of the Minutes as approved at the meeting of April 6, 1983. W RESOLUTION NO. 83-24 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION I This Resolution shall be known and may be cited as the "Sea Oaks Utilities, Inc. Sewerage System Franchise." SECTION II For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future, words in the plural number include the singular and vice versa. The word ".shall" is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida. (b) "County Engineer" may be "County Administrator" or "Utilities Director". (c) "Corporation" is the Grantee of rights under this franchise, to wit: Sea Oaks Utilities, Inc., a Florida corporation. County. (d) "Board" is the Board of County Commissioners of the (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "Territory" means the area -located in Indian River County, Florida outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) "Sewerage System" shall mean and include any plant, system, facility or property used or useful or having the APP 2 0 1983 PACE 3? 5 PR 1983 BOOK 5 present capacity for the future use in connection with the collection, treatment, purification or disposal of sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals and all necessary appurtenances and equipment and shall include all property rights, easements, and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (h) "Service" means supplying to a user of the collection of sewage and the treatment thereof. (i) "Hookup and/or Connection" is the connecting of potential user's property to the sewerage system in order to utilize the Corporation's services. SECTION III There is hereby granted by the County to the Corporation the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a sewerage system within the described territory as herein provided and for these purposes to charge for collection and disposal of sewage within the territory, and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highway and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for and -all other lawful purposes and subject always to the paramount right of the public in and to such public places. -2- M s .M n The Corporation shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide, provided however, such regulations shall not be inconsiztent with the terms hereof. The Corporation shall supply the County with oopies of its Department of Environmental Regulation monthly operation reports and trouble reports, if any. The right is hereby reserved to the County to- ,.,adapt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations and fees and charges as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and ;not conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right, but not -the duty, to inspect all construction or installation work performed. SECTION IV The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (ALL ATTACHMENTS ON FILE IN THE CLERK'S OFFICE) SECTION V It is expressly understood and agreed by and between the Corporation and the County that the Corporation shall save the County and members of the"Board harmless from any loss -3- APR 2 0 1983 aoo� DACE, APR 2 0 1983 Bao sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence, or intentional wanton, willful and reckless acts on the part of the Corporation in the construction, operation or maintenance of the sewerage system under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence on the part of the Corporation may be prosecuted directly by such person against the Corporation. The County shall notify the Corporation promptly after presentation of any claim or demand. SECTION VI The Corporation shall maintain and operate its sewage plants and systems and render efficient service in accordance with the rules and regulations as are, or may be set forth by the Board from time to time, which shall include but not be limited to "Construction Specifications for Water Distribution and Sewage Collection Facilities" promulgated by Indian River. - County Utilities Department, July, 1980 or as amended. The Corporation agrees to comply with the above standards. Prior to the issuance of a construction permit, the Corporation's project engineer shall certify to the County that the standards as set forth in said "Construction Specifications" of Indian River County Utilities Department, July, 1980, or as amended, will be met by completion of the project as shown on the plans submitted. The Corporation shall cause said certification to be submitted to the County along with the Florida Department of Environmental Regulation applications and plans, for County review. Submission to the County for review may occur simultaneously with submission of said documents to the Florida Department of Environmental Regulation. Upon approval by the County of the plants and systems, a permit shall be issued to the Corporation for the construction thereof. Upon the completion of all construction of the water and -4- s � � waste water treatment plants and distribution and coll -etion systems, the project engineer for the Corporation shall -:certify, under seal, that the systems have been constructed subs a-,xtla-lly in accordance with the plans and specifications previously approved. The certification shall include submission to the County of two sets of "as -built" drawings, consisting,of, one set in reproducible vellums and one set of regular blueline prints; and that the systems meet all of the standards required; -by the County, including pressure and leakage tests, chlorination and bacteriological tests, infiltration and exfiltration tests. Upon receipt of certification from the engineer, the County will issue a letter acknowledging the construction of the sewerage systems. No service is to be provided to customers until such time as the County issues a letter of acknowledgment. The issuance of said letter shall not be unreasonably withheld. The Corporation shall grant necessary easements to County without charge to connect the sewerage system to the County Master Sewerage System together with such easements as are necessary to provide access to the sewerage system, where and if the County makes sewer service available to the project. The Corporation shall pay a $1,000.00 franchise application fee at the time of the submission of the franchise resolution, and agree to pay all other fees which may be applicable during the operation of the system. SECTION VII All of the facilities of the -Corporation shall be constructed in accordance with the plans and specificiations approved by the Department of Environmental Regulation of the State of Florida -and Indian River County Utilities Department. The manner of collection and disposal of sewage shall at all times be and remain not inferior to the quality standards for public sewage collection and other rules, regulations and standards now or hereafter adopted by the Department of -5- APR 2 01983 5190K 53. PACE: 9 governmental body having jurisdiction, including Indian River County. The Corporation shall supply County with an annual report of operations and maintenance certified by the Corporation Engineer. The Corporation shall at any time, when requested by a consumer, make a test of the accuracy of any meter; prior, however, to any test being made by the Corporation, the sum of Twenty -Five Dollars($25.00) shall be deposited with the Corporation by the party requesting such test. Such sum shall be returned if the test shows the meter to be inaccurate in its delivery. If the meter is inaccurate the meter will be repaired or changed, and should the meter reading calibrate too high, a billing adjustment will be made for no more that the past six month's actual readings. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or . . installations, the Corporation shall do so at such times as will cause the least amount of inconvenience to its consumers and, unless such repairs are unforeseen and immediately necessary, it shall give not less than five (5) days' notice thereof to its consumers for non -emergencies. SECTION VIII (a) The Corporation shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Corporation to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers.- provided, onsumers;provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. (b) At all times herein where discretionary power is left with the Board of County Commissioners, before -6- M s M discretionary action is taken by the Board of County Commissioners, the Corporation can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. Utilities Director 2. Corporation Engineer 3. One person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any Arbitration shall be in accordance with the Florida Arbitration Code. Any final decision the Board may have with respect to this franchise can be appealed by the Corporation by Writ of Certiorari to the Circuit Court of Indian River County. SECTION IX All pipes, mains, valves,.blowoff s and sewer mains and manholes and other fixtures laid or placed by the Corporation for the sewerage system shall be so located in the dedicated easements in the County after approval by County Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The Corporation shall, whenever practicable, avoid interferring with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of County owned pavement, sidewalk, driveway or other surfacing, the Corporation shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintin the restoration in an approved condition for a period of one (1) year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such County owned right-of-way, the -7- �i�.r..'•�-"ti b04 3 ?ACE ��1. APS 2,0 1983 BOOK 5 FrtC€. Corporation shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at the Corporation's expense. The Corporation shall not locate any of its facilities or do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Corporation shall have located its faciities shall be closed, abandoned, vacated or discontinued, -the Board may terminate such easement or license of the Corporation thereto; provided, however, in the event of this termination of easement, the party requesting such termination shall pay to the Corporation, in advance, its cost of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than fifteen (15) feet in width for the benefit of the Corporation and its facilities. SECTION X The Corporation shall provide service within the franchise territory on a non-discriminatory basis as if it were regulated under Florida Statute Chapte 367 (1980), except to the extent that said provisions are in conflict with the provisions of this Franchise. SECTION XI (a) Subject to the provisions of Section XI (b) the Corporation shall furnish, supply, install and make available to any and all persons within the territory making demand therefor, its public sewerage system, and shall provide such demanding pe-rn with its services and facilities; provided, however, that the Board may, upon application of the Corporation, extend time for: providing such service to such demanding person. In the event the Corporation fails to provide its services and facilities to any area within the territory within the time specified by,the Board, then in such event the County may, by resolution of the Board, limit, restrict and confine the -8- _ M L territory to that area then being serviced by sewerage`.'fiy'the Corporation or such greater area as the Board shall determine; and thereafter, the territory shall be only the area set forth, in the resolution by the Board. (b) The Corporation shall not be required to fish, supply, install and make available its sewerage system to any person within the franchise area unless the same may be:,dpue;at such a cost to the Corporation as shall make the addition proposed financially feasible. Financially feasible shall mean that a fair and reasonable rate to be charged by the Corporation for all its services under this franchise; that such rate of return on the net valuation of its property devoted thereto under efficient and economical management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Corporation. SECTION XII The Corporation or its shareholders shall not sell or transfer its plants or systems or corporate stock to another or transfer any rights under this franchise to another without the approval of the Board. No such sale or transfer after such 'approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not be transferable and assignable until notice or request for transfer and assignment shall be given by the Corporation to the Board in writing accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board shall require. A public hearing shall ME 3?3 APR 019�� eeo � Pac APR: 0 7983 DAOK i53` FACF ,??4 be held on such request, of 'which notice shall be given -by publication in a newspaper regularly published in the County at least one time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignment of this franchise shall not be unreasonably withheld. Any sale or transfer by the Corporation or Shareholders of the Corporation taking place contrary to the terms and conditions of this paragraph shall be null and void. SECTION XIII Corporation warrants adequate capacity to service existing or anticipated customers and agrees not to provide sewerage service unless adequate capacity is to be available at the time any new connection is made. SECTION XIV The rates charged by the Corporation for its service hereunder shall at all times be compensatory -and shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the fair valuation of all its properties devoted thereto under efficient and economical management. The Corporation agrees that the County has the authority to enter into this franchise agreement and the regulation of the Corporation. Corporation agrees.that it shall be subject to all authority now or hereafter possessed by the Coty or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When, this franchise takes effect, the Corporation shall have authority to charge and collect but not to exceed the schedule of rates, as contained in Exhibit "B" attached hereto, which shall remain effective until changed or modified as herein -10- _ M M provided. Exhibit "B" hereby establishes a base facility rate structure whereby each customer shall pay his pro rata .share of the fixed costs of the operation of the utility system keyed to the size of the meter serving his individual property. Additionally, the customer shall pay his pro rata share of the cost of the commodity of service rendered. In setting said rates, County shall be guided by the standards set forth in Florida Statute 367.081 relating to the establishment of rates and charges. In any event, the utility shall always be responsible for justifying its proposed rates and chargee by the submission of accounting and engineering data to the Utilities Director. The County shall grant rates to the company which are just, reasonable and compensatory, which allow the utility a fair rate of return on its property, systems and additions thereto. Rates and charges may be amended, upon proper justification, by Corporation. Other provisions of this ordinance deal with the mechanisms of the setting of rates and charges. The rates to be charged can reflect a reasonable rate of return on a rate base that is inclusive of these items. ,,CONNECTION CHARGES/Capacity Demand Fee: Connection charges for sewer service is $500.00 per Equivalent Residential Connection (ERC). For the purposes of this rate schedule, one Equivalent Residential Connection is equal to 350 gallons per day of water consumption or wastewater to be treated. One condominium unit is equal to 250/350 of an ERC or .7143 of an ERC. The basis for the above charges as set forth herein has been structured by Corporation with regard to two major but variable factors; -first, the present level of construction costs of waste water collection and treatment plant facilities; -11- APR 2 0 1983 BOOK c3 PAcF3?5 rAPR 2 0 1983 second, the theory of treatment facilities and their degree of treatment sophistication as prescribed by the Department of Environmental Regulation or body having jurisdiction over the matter. Without the County approval, connection charges set forth herein shall be escalated based upon increases in utility construction costs as evidenced by the quarterly construction index published in Engineering News Record Magazine, "Construction Cost Index, 20 Cities." Corporation shall adjust the connection charges set forth herein semi-annually, with the first such adjustment to be not earlier than January 1, 1983. Any escalation shall not exceed the percentage difference between said construction cost index for the base period ending September 30, 1981, as compared with the period of comparison. Escrow charges and fees as contained in Section XV below shall be included in the respective connection charges listed above and incorporated therein. The Corporation hereby agrees to pay to the County a franchise fee in the amount of 3% of the Corporation's annual gross receipts, derived from monthly service charges to defray the cost of regulation and for use of county rights-of-way and public places. The Corporation shall pay the 3% franchise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. The Corporation shall supply the County with a copy of the Corporation's Annual Report and financial statements. All records and all accounting of Corporation shall be in accordance with the Uniform System of Accounts of the National Association of Regulatory Utilities Commissioners and general accepted accounting principles. Within ninety (90) days after close of fiscal year, the Corporation shall submit financial statements certified by a CPA and in accordance with general accepting accounting standards and NARUC. Also, a letter from a CPA certifying that the 3% franchise fee and the 2 1/2% renewal and replacement account has been collected and disbursed in accordance with the terms of this Agreement. SECTION XV ESCROW CHARGES: Corporation agrees to pay a fee in the amount of the currently imposed contribution in aid of construction for each -12- unit in effect at the time of the issuance of a certificate of occupancy, as a contribution in aid of construction charge (for future connection to County sewage collection mains;), as provided for in Ordinance 80-21, Section 3, Part B. Corporation further agrees to pay the sum of $285.60 per ERC for sewer ,plant capacity charge, as each unit is completed as the future.plant capacity charges as provided for in Ordinance 80-22, Sect -ion 1 or according to the schedule of rates in the Ordinance in :effect at the time of issuance of Certificate of Occupancy on the individual units. The County will establish separate interest bearing passbook for the sewage system and will deposit all escrow charges paid for any and all connections in this franchise. The fees referenced in this section are subject to the escalation provisions of Section XIV contained herein, using the County factor established in Ordinance 80-21 and 80-22. The fees referenced in this section shall always be reasonable and the County shall have the obligation to prove the reasonableness of any increase in an amount over that which is provided for by the escalation provisions of Section XIV, in any given year. The parties agree that the accounts shall be in the County's name but subject to the escrow instructions, agreeable to the County and Corporation, delivered to a mutually agreed upon bank licensed to do business in Indian River County. Throughout the term of this franchise, the Corporation shall be entitled to any and all interest which shall be paid. annually on or before September 30th of -each year to the Corporation. The Corporation shall be entitled to an accounting of said interest bearing accounts at any time upon request made by it to the County. Should the County at any time within the ensuing seven (7) years provide a `sewage collection system and shall furnish sewer services to all customers within the franchise territory, the sums of money remaining in the escrow account(s) consisting of plant capacity charges and contributions in aid of -13- APR 2 0 1983 BOX : $ 7 County and the Corporation shall have no rights thereto. In such event, the Corporation shall be absolved from the obligation of payment of further connection charges to the County. In the event the above condition is not met by the County within seven (7) years from the date of this Franchise Agreement, the County shall have the following options: (1) Extend this Franchise with all escrowed monies paid to the Corporation and further escrows discontinued; or (2) The County shall have the right to purchase the Corporation's sewer plant at Corporation's original construction costs plus costs associated with capital additions and expansions to the systems less 3 1/2 % depreciation per year. Depreciation on the system shall be calculated to start at the time the County issues a letter acknowledging the construction of the sewerage system as provided in Section 6. In conjunction with the sewer plant(s)' purchase, the County shall purchase necessary land areas upon which the plant(s) are located at the - then fair market value of the real estate. Upon acquisition of the sewer plant(s) and appurtenant real estate, County would then own the entire sewer system and would terminate this franchise and provide sewer utility service to the franchise territory. All accumulated escrow fees would vest in County. As regards the purchase of the necessary land areas upon which the plants are located, County shall first tender its offer to the Corporation. In the event the Corporation finds the offer inadequate, County and Corporation shall each select an appraiser to advise the respective parties as to the value of said land areas. In the event, after appraisal, County and corporation are still unable to agree, said appraisors shall select a third appraiser to arbitrate the matter. The matter sha`l1 then be resolved in accordance with the Florida Arbitration Code. The decision reached in the arbitration process shall be final and binding on the respective parties. (3) In the event that the above condition (2) is not exercised by the. County within seven (7) years from the date of -14- this Franchise Agreement, any sums of money remaining inthe escrow account shall become the absolute property of the Corporation and County shall allow the Corporation to-cttinue operations in accordance with this Franchise Agreement. (4) The County shall have the following option to purchase the utility system after the end of the said,,.seven year period. The County shall purchase according to tip ame formula in this sub-parapgraph (2) above except that theCounty shall be entitled to a credit against the net purchase,,price payable by the County to the Corporation for the utility ;in the amount of the total escrow charges that would have been available to the County, pursuant to the provisions of sub -paragraph (2) stated directly above, together with a credit for any fees which would have accrued pursuant to said section after the seventh year, should the seven year period referenced therein not have lapsed. (5) In the event of an acquisition by the County, or the utilization of County's own plants, the County shall receive the sewage collection system free of cost and in good repair, wear and tear excepted. The Corporation agrees to grant to County any easements necessary to connect the sewerage system to the County's sewerage systems without charge. SECTION XVI Two and one-half (2 1/2%) percent of the gross receipts of the Corporation derived and collected from monthly service charges shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or maintenance of the capital assets of the sewerage system of the Corporation. In addition, the Corporation shall fund the account with Two Thousand Dollars ($2,000.00) which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches $10,000.00; thereafter shall be paid to the Corporation annually. -15- APR 2 0 1983 doQ PncF 1, 9 APR.20 793 M Y used as sinking fund and applied only for repairs and/or replacement of the sewerage system by the Corporation as the need arises. The percent required to be placed in the renewal and replacement account may be amended after review by the County as necessary to maintain a sufficient account balance taking into account the general condition of the system. County is granted the right to make necessary repairs using said fund in the event of default on the part of Corporation in maintaining the quality standards established herein. In the event County exercises its rights under (2) or (4) above, the fund shall vest in County. In the event that the County purchases the Corporation's utility system pursuant to the provisions of this Franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. SECTION XVII The Corporation shall at all times maintain public liability and property damage insurance in such amounts as set forth in Exhibit "Cu attached hereto and incorporated herein by reference. The Corporation shall cause County to be duly notified by the Insuror in the event of any modifications or deletions of the insurance as set forth in said Exhibit "Cu. Said amounts shall be adjusted by the Corporation, as shall be required from time to time by the Board in accordance with good business -.practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Corporation. SECTION XVIII If any written complaint is filed with the Board by any persons serviced by the Corporation under this Franchise, the Board shall first determine whether reasonable cause exists with respect to said complaint. If the Board finds that reasonable -16- cause does exist, the Board shall so notify the Corporation and request the Corporation to satisfy or remedy such complaint. If the Corporation fails, within a reasonable time, to satisfy or remedy such complaint or objection, the Board may review -",same according the the provisions hereof. If the Board enters its order pursuant to such hearing and the Corporation feels it isr aggrieved by such order, the Corporation may seek review of the Board's action by petition for writ of Certiorari filed in the Circuit Court of the County; otherwise the Corporation shall promptly comply with the order of the Board. SECTION XIX Should the Corporation desire to establish rates>:and charges or should the Corporation desire to increase any charges heretofore established and approved by the Board, then the Corporation shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. The Corporation shall pay any rate structure review fee as the County may then.have in effect and shall furnish the County with all information requested by County that is pertinent to the proposed new rate schedule. A public hearing shall then be held ,,on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time, not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued for a reasonable time as determined by the Board. If the Board enters an order pursuant to such hearing and the Corporation feels aggrieved by such order the Corporation may seek review of the Board's action by filing a petition for writ of Certiorari in the Circuit Court of the County. The Board shall act on the rate request within ninety (90) days. SECTON XX Prior to the Corporation placing any of its facilities in any of the public places as herein authorized, the Corporation shall make application to and obtain any required. permits from the County authorizing said construction in the —17— APR 2 01983 NO 53 Pau 3:31 APR 0 198 same manner as permits are authorized in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. The County shall have the right when special circumstances exist to determine the time during which such construction shall be done. SECTION XXI If the Corporation fails or refuses to timely and faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Corporation written -notice of such deficiencies or defaults and a reasonable time within which the Corporation shall remedy the same, which notice shall specify the deficiency or default. If the Corporation fails to remedy such deficiency or default within a reasonable time, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Corporation, and after such hearing at which all interested' parties shall be heard, the Board may levy liquidated damages or Fifty Dollars ($50.00) per day that said deficiency or default exists from the date of said hearing held by -the Board; and the Board may further limit or restrict this franchise or franchise territory or may terminate and cancel the same in whole or in part if proper reasons thereby can be found by the Board. If the Board enters an order pursuant to such hearing and the Corporation feels aggrieved by any such order, the Corporation may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. SECTION XXII Nothing in this franchise shall prevent landowners from exercising their vested rights or priviledges as set forth and contained in any license issued to any utility heretofore -18- granted by the Board pursuant to Section 125.43, Florida Statutes. SECTION XXIII- It is specifically agreed by and between the parties hereto that this franchise shall be considered a Franchisee Agreement between Corporation and County and as such a contractual instrument recognized under the Statutes and<.Zaws of the State of Florida. This Franchise Agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. SECTION XXIV Provisions herein to the contrary notwithstanding, the Corporation shall not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this franchise where said failure or delay is due to causes beyone,the Corporatin's control, including, without limitation, causes such as , "Acts of God", unavoidable casualties, labor disputes, etc. SECTION XXV The franchise area is intended to be developed as a condominium development with a condominium association organized pursuant to Chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Corporation may assign this franchise to such association at any time after its formation, subject.to such association agreeing to the terms and conditions hereof and pursuant to the public hearing requirements set forth under Section XII hereof. SECTION XXV If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder -19- APR 2 0 199 ROOK FACT11"13 APR 2 ,0 1983 �QOK t_r PAGF.v,:.�4 IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 6th day of April ,1983. -Signed,, sealed and delivered in the presence: i COUNTY OF INDIAN RIVER, FLORIDA BY: Richard N. Bird,' .,Chairman Board of County Commissioners ' ATTEST: gpproyed oo fo m and w r j i. BwloS Ca - ��nUUf—� -20- ACCEPTANCE OF FRANCHISE SEA OARS UTILITIES, INC. does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this 15th day of April 19812 WITNESS: SE ' 87 By G. r 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 Robert E. Briggs as President of SEA OARS UTILITIES, INC. and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this 15th day ofril , 1983. Notary Public NOTARY PUBM, 3TAT5 bf FCCA16 Ali L-Afag MY CC. -%-k MISSiON EXPIRES OCT= 14 1984 BONM T!,R'J (;E -NERAL I NS ; UNDERWP I TERS 1 AP���� -21- DODO �e� PAGE 95 APR 2 0 1983 . 336 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. 85417 -- 85658 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 apart of these Minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 3:45 o'clock P.M. Attest: Clerk Chairman 81