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HomeMy WebLinkAbout7/6/1983Wednesday, July 6, 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, July 6, 1983, at 8:30 o'clock A.M.Present were Richard N. Bird, Chairman; Don C. Scurlock, Jr., dice Chairman; Margaret C. Bowman, Patrick B. Lyons, and William C. Wodtke, Jr. 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 K. Barton, Finance Director; Barbara Bonnah and Virginia Hargreaves, Deputy Clerks. Chairman Bird asked that we observe a moment of silent meditation in memory of those who have served this County in the past and are no longer with us. Commissioner Lyons led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Administrator Wright requested the deletion from today's Agenda of Item 8 - Distribution for Small Business Administration Parks and Recreation Area Development Program. Attorney Brandenburg requested a discussion on the Reinhold litigation be added to today's Agenda. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously agreed to place the above emergency item on today's Agenda. JUL 6 1983.53 mu,677 J U L 6 1993 BOOK 53: PAU, 78: Chairman Bird requested an item be added to today's Agenda re the appointments to the Property Appraisers Adjustment Board. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously agreed to add the above emergency item to today's Agenda. Chairman Bird requested the addition to the Agenda of an update re the applicants under consideration for Dr. Flood's replacement. ON MOTION by Commissioner Lyons SECONDED by Commissioner Scurlock, the Board unanimously agreed to add the above emergency item to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of 6/8/83. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Special Meeting of 6/8/83, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of 6/15/83° There were none. 1 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of 6/15/83, as written. CLERK TO THE BOARD A. Approval of Budget Amendment re Disaster Preparedness Funds The Board reviewed the following budget amendment dated 6/28/83: June 28, 1983 To: Board of County Commissioners C921- From: Jeffrey K. Barton, Finance Director Re: Disaster Preparedness Funds The following Budget Amendment is necessary to.increase the budget due' -to receipt of disaster preparedness funds from the State of Florlda: recommend that the funds be adopted as part of the additional funds approved. Account Title -Account Number Increase Decrease Disaster Preparedness 001-000-342-41,00 $3,120. Regular Salaries 001-208-525-11.12 2,220. Other Machine & Equipment 001-208-525-66-.49 900. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved the above budget amendment as recommended by Finance Director Barton. B. Admission of Willie Oliver to A. G. Holley State Hospital ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the K 4Q0A 53 PAGE SZJ Board unanimously granted retro -active approval of the petition for admission of Willie Oliver to A. G. Holley State Hospital and authorized the Chairman's signature. C. Approval of Duplicate Tax Sale Certificate No. 364 - E.Z.E., Inc. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved Duplicate Tax Sale Certificate No. 364, in the amount of $18.79, to E.Z.E., Inc. D. Approval of Renewal Applications for a Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 6/29/83: TO: The Honorable Members of DATE: June 29, 1983 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMIT RENEWALS FROM: Michael Wright REFERENCES: County Administrator In memorandums from Freda Wright, Clerk, the following names were submitted for pistol permit renewals: Luciano John Zammuto Thomas R. Hargett Michael L. Wodtke All requirements of Ordinance 82-27 have been met and are in order. It is recommended pistol permits be renewed for above individuals. 3 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously approved renewal pistol permits for the following persons: Luciano John Zammuto Thomas R. Hargett Michael L. Wodtke E. Approval of New Applications for a Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 6/29/83: TO: The Honorable Members of DATE: June 29, 1983 F1 LE: the Board of County Commissioners SUBJECT: Pistol Permits FROM: Michael Wright REFERENCES: County Administrator In memorandums from Freda Wright, Clerk, the following names were submitted for new pistol permits: Paul Ernest Phillips Linda Lee Ankney Rye All requirements of Ordinance 82-27 have been met and are in order. It is recommended pistol permits be issued to above individuals. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurloc]S,, the Board unanimously approved the issuance of pistol permits for the following persons: 4 'JUL 6 1983 mg -a 5.3 ma'8 1: J U L 6 1983 53 PA,UE882 Paul Ernest Phillips Linda Lee Ankney Rye CONSENT AGENDA Commissioner Scurlock requested Item E be removed from the Consent Agenda at this time. A. Approval of Deputies as Appointed by Sheriff Dobeck ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved the Chairman's signature for the following deputies appointed by Sheriff Dobeck: Thomas E. Jenkins Frances L. Romines Douglas P. Disomma Jeffrey J. Sardella B. Release of Easement Request by Mr. & Mrs. John Tyson - Roseland Gardens Subdivision - Lots 1 & 2, Block 7 The Board reviewed the following memo dated 6/3/83: TO: The Honorable Members DATE: June 3, 1983 FILE: ER -83-07-19' of the Board of County Commissioners DIVISION HEAD CONCURRENCE 01 SUBJECT: atrick Bruce King, PACP THROUGH: Bob Keating, AICP Planning & Zoning Dept. Manager Betty Davis RELEASE OF EASEMENT REQUEST BY MR. & MRS. JOHN TYSON, SUBJECT PROPERTY: LOTS 1 & 2, BLOCK 7, ROSELAND GARDENS SUBDIVISION FROM: Zoning Inspector REFERENCES: JOHN TYSON TUESDA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of July 6, 1983. DESCRIPTION AND CONDITIONS The County has been petitioned by Mr. & Mrs. John Tyson,.owners of the subject property, for release of the five (5) foot utility, and drainage easement, being the west 5 feet of Lot 1, Block 7 and the east five (5) feet of Lot 2, Block 7, Roseland 5 Gardens Subdivision, and also the north 2.5 feet of the 12.5 foot rear lot easement of Lots 1 and 2, Block 7, Roseland i Gardens Subdivision. Lot 1 is 96.94 feet in width on the front property boundary, 125 feet in depth on the east property boundary, 83.34 feet in width on the rear property boundary, and 131.01 feet in the west property boundary. Lot 2 is 87.12 } feet in width on the front property boundary, 131.02 feet on the east property boundary, 81.37 feet in width on -the rear j property boundary, and 132.81 feet on the west property boundary. It is Mr. & Mrs. Tyson's intention to consolidate f the two lots and construct a residence on the site. The current zoning classification is R-1, Single -Family Res- idential. The land use designation is LD -2, Low Density, six units/acre. ALTERNATIVES AND ANALYSIS The request has been reviewed by Southern Bell, lorida F''Power and 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 and the north 2.5 feet of the rear lot easement of Lots 1 and 2, Block 7, Roseland Gardens 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 and the north 2.5 feet of the rear lot easement of Lots 1 and 2, Block 7, Roseland Garden Subdivision. ON MOTION by Commissioner Scurlock SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 83-47, granting the release of easement requested by Mr. & Mrs. John Tyson, Lots 1 & 2, Block 7, Roseland Gardens Subdivision. 6 OR .53 fAn E FL F - JUL 6 1983 RESOLUTION NO. 83-47 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the common side lot 5 foot easements and 2.5 feet of the rear lot easement of lots 1 and 2, Block 7, Roseland Gardens Subdivision, according to the Plat of same recorded in Plat Book 8, Page 25, of the Public Records of Indian River County, Florida. WHEREAS, said lot line easements were dedicated on_the Plat of Roseland Gardens Subdivision for public utility purposes, and WHEREAS, the request for such release of easements have been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in Roseland Gardens Subdivision shall be released, abandoned and vacated as follows: Those common side lot 5 foot easement and 2.5 feet of the rear lot easement of Lots 1 and 2, Block 7, Roseland Gardens 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 8, Page 25. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 6th day of July , 1983. ATTEST: 1 /II�G��� Freda Wright, ClEekk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: �` t Ri hard N. Bird, Chairman Approved a to 10rm and leg A tic is 8 a , Branden linty Afforney RELEASE OF EASEMENT This Release of Easement, executed this 6th day of _illy , 1983, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political sub- division of the State of Florida, first party; Mr. & Mrs. John Tyson, whose mailing address is 560 Durant Street, Roseland, Florida, 32957, second party: WITNESSETH That the said party of the first part for and in considera- tion of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easements, lying on land situated in the County of Indian River, State of Florida, to -wit: The common side lot 5 foot easements and 2.5 feet of the rear lot easement of Lots 1 and 2, Block 7, Roseland Gardens Subdivision, as recorded in Plat Book 8, Page 25, public records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right, title, interest, equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law and the day and year first above written. Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: �L r Ric and N. Bird, Chairman ATTEST: �It _u�d,l Approved as to form and lea auffi(,*g,, r fy BQ 5 PAGE 95 JI IL s 1983 , BrandenhurVty Attorne 3UL 6 1933 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 acknowledge- 4 ments personally appeared, Richard N. Bird, as Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, and Freda Wright, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument and they acknowledged before me that they executed the same for and on behalf of the said political subdivision. WITNESS by hand and seal in the County and State last aforesaid this day of 1983. 1.44 Notary nblic, State of orida at Large: y Commission Expires; -ITOURY�II�CfC OF ftokff BONDED THRU GENERAL INSURANCE UND , MY COMMISSION EXPIRES JULY 8 1986 F, C. Renewal of Antennae Site Lease Agreement for Florida Marine Patrol The Board reviewed the following letter dated 6/10/83: rt BOB GRAHAM 9 1q hro ��� „ • GEORGE FIRESTONE • u Secretary of State 9 cr �^ e� • SIM SMITH '� G 1 p '•a.. ��`° Attorney General State of Fl 'd%%% Z GERALD A. LEWIS DEPARTM ' 1T RAL RESOURCES BILL UNNTER Treasurer DOYLE CONKER DR. ELTON J. GISSENDA>\ L Commissioner of AQteulturo Executive Director RALPH D. TURLINGTON Marjory Stoneman Douglas Build" 7t: trZ Commissioner of Education 3900 Commonwealth Botdevard, Tallahassee, Florida 32103 June 10, 1983 Indian River County Board of County Commissioners 1840 25th Street - Vero Beach, Florida 32960 Re: Antenna Site Lease Agreement Hobart Tower Site Dear Sir: The Florida Marine Patrol wishes to renew the above reference agreement for an additional one (1) year on the same terms and con- ditions contained in the original agreement. (See attached agreement.) This original renewal letter will be for g your records, and the duplicate letter attached is to be signed and returned to this office for our records. Thank you for your continued cooperation and support in this matter. If there should be any questions, please contact this office at (904) 488-1356. Sincerely, /� ice.-l.J Captain James M. White Communication Section JMW/sm Signature �i..� �. ppa;�v� a; in f^•'n Board of County Commissioners r wig ON MOTION by Commissioner Scurlock SECONDED by Commissioner Lyons, the Board unanimously approved the renewal of the antennae site lease agreement for Florida Marine Patrol and authorized the Chairman's signature. (LEASE AGREEMENT DATED 6/16/82 ON FILE IN OFFICE OF THE CLEPR) 0 eum .53 PACS 697 JUL 6 1983 Q Ud(52fa� 88' D. Request for Quit -Claim Deed from County by Oak Villas The Board reviewed the followinq memo dated 6/28/83: TO: Members of the Board DATE: June 28, 1983 FILE: of County Commissioners SUBJECT: Request for Quit -Claim Deed from County by Oak Villas, General Partnership FROM: Christopher,.'J. Paull REFERENCES: Assistant County Attorney Samuel Block, attorney for Oak Villas, a general partnership devel- oping the Oak Villas project on 6th Avenue at 10th Lane, has requested that the County abandon certain rights-of-way which were thought to be vested in the County along the western and southern boundaries of the developer's property, as shown on the attached Property Appraiser's maps. A closer examination of the title to this property indicates that the right-of-way was never in fact dedicated to Indian River County or the public and that the County has no present vested interest which it can abandon. In order to remove any possible cloud from his client's title, however, Mr. Block has now requested the County to execute a Quit -Claim Deed over that portion of his client's property previously thought to be County right-of-way. The cloud exists as a result of an old "reservation" for public roads in a prior deed which appears to have been carried no further in the chain of title. The parcel in question has never been opened as a road nor main- tained by the County and it has been indicated by the Community Development and Public Works Departments that the County has no present or future desire to establish this as a thoroughfare in any event. As consideration for the County's execution of a Quit -Claim Deed, the developer has offered to grant the County a 15 -foot utility and drainage easement along the western boundary of this property. RECOMMENDED ACTION It is requested that the County and Clerk to execute and deliver order to clear title for the own ize acceptance of a 15 foot util Villas, a general partnership. Commission authorize the Chairman the attached Quit -Claim Deed in er of this property and to author- ity easement in exchange from Oak ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman and Clerk to execute the twit -Claim Deed requested by Oak Villas, and accepted the 15 -ft. utility easement. D � JUL QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this 8th day of Jul , A.D., 1983, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter "Grantor," to OAK VILLAS, a general partnership, whose mailing address i; 1055 6th Avenue, Vero Beach, Florida 32960, hereinafter "Gr-ntee." (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto Grantee, all the right, title, interest, claim and demand which Grantor has in and to the following described parcel of land, situate, lying and being in the County of Indian River, State of Florida, to -wit: Beginning at the Southwest corner of the South Half of the East Five acres of Lot 3, VERO LAND COMPANY's SUBDIVISION, as per plat thereof in Plat Book 3, page 19, records of St. Lucie County, Florida; run East along the South line of said Lot 3, a distance of 185 feet to a point; thence run North 35 feet on a line parallel to the East line of Lot 3 to a point; thence run West on a line parallel to the South line of Lot 3, a distance of 150 feet to a point; thence run North on a line parallel _to the West line of said Lot 3, a distance of 130 feet; thence West 35 feet along the North boundary line; thence run South 165 feet along the West boundary line to the point of beginning. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. IN WITNESS WHEREOF, Grantor has caused these presents to be signed and sealed the day and year first above written. Signed, sealed and delivered in the presence of: Wi 'ess W1 t&&ss STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY by its BOARD OF COUNTY COMMISSIONERS B A � , RICHARD N. BIRD, Chairman Attest::!'t� FREDA WRIGHT, .erk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared RICHARD N. BIRD and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid thisday of 1983. 986L a kinr s3• ai Nolssrwwo:i AW IONn TMmSNI iv>3N39 nVi o3GN01 Nota Publi mO14 go alx!1S Daa641 Vd ON PREPARED BY: Christopher J. Paull, Asst. Co. Atty. 1840 25th Street Vero Beach, Florida 32960 10 to .53 FAGS $ JUL 6 1983 SAMUEL A. BLOCK ROIESSIONAL ASSOCIATION 2140 10TH AVENUE VERO BEACH. ,FLORIDA 32960 TELEPHONE .Onn% sial. I Ann 54h.'Q DEED OF EASEMENT THIS EASEMENT, made this ,Z2,xt Aay of _ mac.:_ 1983, by and between OAK VILLAS, a General Partnership, herei after called the "GRANTOR" and the County of Indian River, a political subdivision of the State of Florida, hereinafter called the "GRANTEE." WITNESSETH: The GRANTOR, for and in consideration of $10.00 and other valuable considerations in hand paid by the GRANTEE, hereby grants, sells and conveys a utility and drainage easement being 15 feet wide for the installation, operation and maintenance of utility and drainage lines under, over and above the following described -real property located in -•Indian River County, Florida, to -wit: A UTILITY AND DRAINAGE EASEMENT located within 15, feet of the west boundary line of the following described property: BEGIN at the Southwest corner of the South Half of the East Five acres'of Lot 3, VERO LAND COMPANY's SUBDIVISION, as per plat thereof in Plat Book 3, page 19, records of St. Lucie County, Florida; run East along the South line of said Lot 3, a distance of 185 feet to a point; thence run North 35 feet on a line parallel to the South line of Lot 3, a distance of 150 feet to a point; thence run North on a line, parallel to the West line of said Lot 3, a distance of 130 'feet; thence West 35 feet along the North boundary line; thence run South 165 feet along the . West boundary line to the point of beginning. The easement, rights and privileges herein granted shall be perpe- tual and non-exclusive; and GRANTORS hereby covenant with said GRANTEE that the GRANTORS are lawfully seized of said -land in fee simple; that GRANTORS have good right and lawful authority to grant, sell and convey said easement; and GRANTORS hereby bind themselves, their successors, heirs and assigns and legal representatives, to warrant and forever defend said easement and rights unto GRANTEE, its successors and assigns, against the lawful claims of all persons whomsoever, and furthermore covenants that they will not con- vey any conflicting rights within the area covered by the Grant; however, the GRANTORS, their successors, heirs and assigns and legal representatives, hereby reserve the right'to.use and enjoy the above-described real property for any lawful purpose not inconsistent or interferring with the use of the land by the owner of the easement. This instrument shall be binding on, and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD'the same together with all rights thereunto belonging, and all the estates, right, title, interest, lien, equity and proper use and benefit of the GRANTEE, its successor5 and assigns forever, as long as the same is used by the GRANTEE for the purposes of this convey- ance. IN WITNESS WHEREOF, the Grantors have hereunto executed this docu- ment the day and year first above written. Signed, sealed and delivered in the presence of: OAK VILLAS, a General Partnershi BY:,. Stanley G. PohnsPn 11 JUL E. Tax Deed Proceeds Refund for Eva Mae Griffin The Board reviewed the following memo dated 6/15/83: ,June 15, 1983 To: Board of County Commissioners From: Finance Department Re: Tax Deed Proceeds Refund We have received a letter from Eva Mae Griffin requesting Tax Deed Proceeds Refund for Tax Certificate # 1076 in the amount of $3,961:07. The funds were held in Tax Deed Proceeds from August 29, 1978 through September 30,'5991. Within that time period no contact was received from Mrs. Griffin. On September 30, 1981 we turned the money over to the Board of. County Commissioners General Fund. Please advise us of your recommendation. Finance Director Barton briefly explained the process involved in the sale of property for back taxes. Once a piece of property has been sold on the Courthouse steps for back taxes, the Clerk's Office keeps any excess funds over and above the initial bid, which is generally the amount of outstanding tax certificates that the owner has not paid for several years. Once that and all the costs are satisfied, and there are excess monies, the Clerk's Office tries for 90 days to notify the prior owner that there are excess monies available. If they do not respond during that time period, the money is then turned over to the Board of County Commissioners for their General Fund, and they keep it in the liability section for two additional years in case a claim is made. At the end of two years, it is taken into the Board's General Fund Revenue. Director Barton stated the funds from the sale of Mrs. Griffin's property were held in Tax Deed Proceeds from August 29, 1978 through September 30, 1981, during which 12 6 1993 . k0K 53 �Aa 1 JUL 6 1983 .53 uu 89.Z - ' -time time no word was received from Mrs. Griffin. On September 30, 1981 the money was turned over to the Board of County Commissioners General Fund. The two-year period has elapsed and Mrs. Griffin has now made a claim for a refund. He advised the Board that it is up to their discretion as to whether or not they want to refund the money. He explained that if a claim is made before the two-year period elapses, he generally does not bring it before the Board, but goes ahead and refunds the money. However, since this claim is over the two-year period, the only way it can be refunded is for the Board to authorize payment. Chairman Bird asked if this would be setting a precedent and Attorney Brandenburg agreed that it was a discretionary matter in that each case is considered separately. Commissioner Bowman explained that Mrs. Griffin -had been ill in Jacksonville and had just recently learned that her property had been sold for back taxes, and asked how the tax notices were sent out. Director Barton explained in detail the procedures followed in notifying individuals that their property is being sold for back taxes, including legal ads and certified letters to the last known legal address. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board authorize a Tax Deed Proceeds Refund for Tax Certificate #1076 to Eva Mae Griffin in the amount of $3,961.07, less any expenses incurred through the process. In discussion, Director Barton explained that this is only the second time this has happened in the five years he has been with the County, and added that all expenses have been deducted up to date. 13 � � s The Chairman CALLED FOR THE QUESTION. It was voted on and carried unanimously. Director Barton stated that approval of the following budget amendment is necessary to correctly appropriate the funds to be refunded to Mrs. Griffin: To: Board of County Commissioners erom: Finance Department Re: Refund for Tax Deed Proceeds The following budget amendment is necessary to correctly appropriate the funds to be refunded to Mrs. Eva Mae Griffin, (see attached letter). Account Title Account Number Increase Decrease Prior Year Expense 001-101-511-36-72 3,962. Reserve for Contingencies 001-199581-99.91 3,962. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by Finance Director Barton. F. Authorization for Chairman's Signature, Section, 8 Existing. Housing Rental Assistance Program Annual Contributions FY 84 The Board reviewed the following memo dated 6/22/83: 14 em 53 PAGE r JUL 6 193 .53 TO: Board of County DATE: June 22, 1983 FILE: Commissioners THRU: Michael Wright County Administrator .SUBJECT: Section 8 Existing Housing ° Rental Assistance Program Annual Contributions FY 84 FROM: Edward J. egan REFERENCES: Executive Director IRC Housing Authority Under our Annual Contributions Contract A-3409 with the U.S. Department of Housing & Urban Development, we are required to submit HUD Form 52672 (Estimate of Required Annual Contribution) and 52673 (Estimate of Total Required Annual Contributions), requisitioning funds to cover our Section 8 Housing.Assistance Program for FY 1984. Our Section 8 Program has had 990 applicants and has given rental assistance to 275 families, elderly and handi- capped individuals, with 141 currently under lease agreements. I respectfully request the Board of County Commissioners' concurrence in the execution of Forms 52672 and 52673 by the Chairman. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized for the Chairman's signature, Section 8 Existing Housing Rental Assistance Program Annual Contributions FY -84. 15 i r ;- DEPA4 TMENT CF HOU: jN3 ANI! U;41_ -A4 _�Ee+EL :PMENT SECTION 8—HOUSING ASSISTANCE PAYMENTS PROGRAM ESTIMATE OF TOTAL REQUIRED ki-INUAL CONTRIGUTIONS ,:.vc AND ADCIREiS OF PUBLIC HOUSIN'.; AI,F:.(.; ' Indian River County Board .of County Commissioners 1840 25th St., Suite S-.321 Vero Beach, Fla. 32960 CIC, FIELD OFFICE U.S. Department of HUD 325 West Adams St., Jacksonville, Fla. 32202 _ IUD RF<;+ONAL OFFICE: U.S. Department of HUD Richard B. Russell Federal Bldg. 75 Spring. St., S.W. Atlanta, Ga. 30303 PHOjE APPROVED ESTIMATE OF I REQ1JESTED AMOUNT iF_:L:2191—!E'1_ 3..2 _ -`•0.0.1. & 002 TYPE 0; LEASIt: ; ►.,F sit,,,, -r 1'.`--- i. - New C-r'st,o._t, �•, .LINE ( UMBER! - 7• ;X; Exist+n� PER PITA FY ENDI'tG l f��— 1 3t ( 10 1. `, March 31 2. i l June 30 3. Septe•nber 30 1. �_J December 31 :7-. NUMBER OF OWELLING UNITS I1-18) 190 NUMBER OF UNIT MONTHS `r MAXIMUM ANNUAL CONTRIBUTION ' 4f,lReinum Annual Contribution Authorized 2280 _ (251 - SUBMISSION Original LJ Revision Revision dlu noer •::•:•::•:�:•:* :=: AC CONTRACT NUNie_P A- a a nip - _ 126) - - -�� APPROVED ESTIMATE OF I REQ1JESTED AMOUNT `T --- RE01;;R ED .LINE ( UMBER! ANNUl . PER PITA HUD I ITEM DESCRIPTION CCNTPIBUTIONS� 44f I; ICATrt;NS :7-. - 440,_3.16 MAXIMUM ANNUAL CONTRIBUTION ' 4f,lReinum Annual Contribution Authorized �l �'"Aa" Maxemgm Annual Contributions Applicable to a Period of Less than 12 :Au�rhs •::•:•::•:�:•:* :=: 0 316 (!1. Annual Contributions Maximum for Fiscal Year (Line 01 plus 02)440, Project Account -Balance of End of Current Fiscal Year -Estimated or Actual 0"'193 130 (Ralunr.e f'teeiou. Fiscal Year d r )%•: :•r •:: ':�•� :;::'•:•:•' 331,499 C5. Total Annual Contributions Avoilable—Estimated or Actual (Line 03 plus Line 04% 771,815 ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (Housing Assistance and Administration) 459,972 459,972 G6. Housing Assistance Payments -Form HUD -52672, Part 1, Line 10 07. Administrative Fee -Form HUD -52672, Port, 2,L ine 03 59,303 59,303 OR, Independent Public Accountant Audit Costs 2,500 1 2,500 INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (1'n.limt+uiry Costs) -- �P,thm;nary Administrative Expense—Prior to ACC—Form HUD -52611, Part IA, 0 0 1(1 Prritmenary AJministrative Expense—After ACC—Form HUD -52671, Port IB, Line :?0 0 f 0 t 11. Ncrtexpendabie Equipment -Form HUD -52671, Port 11, Line 350 0, r ! g q To:o1 Annual Contributions R� uirrd-Re Requested Year - 521,775 �0 `5— ` 1 _ l i• Deficit or End of Current Year -Est mated ur Actual 0 5 0 _ 1.3. ans Total Anuol ContributioRegji.red 521 775 I 521,775 � i 14 F.erss Project Account Balance at End ni Requested Fiseai 7 car (Le::e 3;, ''• :''" ':;i (rY 2 minus Line 14 Column :1 Piov,s,on for Prcject Account—Requested Fe scoi Year--lncreaserr).creasr)(Ltile 15 250 040 ,•r •, , , "141611V /.tile 81,459) i I ANNUAL CONTRIBUTIONS " � •� ! r Total Annuul Cuntnbutions ."•.pp(o,ed—Requested Fiscal Yeor (Lou• 14, (.o1um.7 Y uu: lnrredse. I(tt.t...1„ Lino tet 5211775 I source of Total Annuol Contributions Approver!—Requested Fiscal Year: (�. ( :) Requested Fiscal Year Maximum Annual Contributions Aute ciixed (Line 03 or 440,316 Leve 17, whichever is lesser) 1H Project Account (1_.ne 1: minas Line llf(ui) 81,459 NAMF ANG' TITLE OF PHA APPROVING OFFICIAL SIGNA TUF,E I L'lA T1_ Richard N. Bird, Chairman 1 Board of County Commissioners of Indian River -County, Fla. F 7/6/83 NAIAD AND TITLE OF HUD FIELD OFFICE SIGNATUr E 1 DA f4 OkPPROVING OFFICIAL 1 JUL 6 1983 Hppro%,ad jIs Iottorm alld leni eficIC 3 PAGE 895 revatut Edition is Obsole►- '� HUD -52673 112 77) T JUL ��� PROJECT. NUMBER (3-11} U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT F L 2 9—=E2— 7 71 & 002 SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM TYPE OF LEASING METHOD 12) ESTIMATE OF (check one) New Construction I F7 REQUIRED ANNUAL CONTRIBUTIONS Rehabilitation 2[_� Existing 3 g; NAME AND ADDRESS OF PUBLIC HOUSING AGENCY PY ENDING 113) 14 84 Indian River County Board of County Commissioners (l,4 j {Check ones 1840 25th St., Suite S-321 Mai 31 Sep 30 3 L� Vero Beach, Fla. Jun 30 Dec 31 a(] 32960 NUMBER OF DWELLING UNITS (15-13) 190 HUD FIELD OFFICE HUD REGIONAL OFFICE U.S. Dept. of HUD U.S. Dept. of HUD 325 W. Adams St., Richard B. Russell, Fed. NUMBEST OF UNIT MONTHS 19-24 Jacksonville, Fla. 32202 Bldg., 75 Spring St., S.W. Atlanta, Ga. 30303 2280 AC CONTRACT NUMBER SUBMISSION (25) C -X Anginal Q Revision A-3409 Revision No. PART 1 — ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (26) (27-28} (29) (30-33) (34-38) (39-43) (44-48) (49-54) (55-64) SIZE. OF NO. OF MONTHLY AMOUNT MONTHLY UNIT ANNUAL LINE DWELLING DWELLING GROSS PAYABLE HOUSING MONTHS HOUSING NO. UNITS UNITS RENT BY FAMILY ASSISTANCE UNDER ASSISTANCE TOWARD PAYMENTS LEASE PAYMENTS lt1 (2) (3) GROSSRENT (4) (5) (6) (7) 01 OBR 22 198 60 138 264 36,432 02 1BR 63 245 75 170 756 128,520 03 2BR 70 306 80 226 840 189,840 04 3BR 30 336 90 246 360 88,560 j 05 4BR 5 367 90 277 60 16,620 i 06 i i 07 08 ' 09 10 TOTA1. 190 2280 459,972 PART 2 — CALCULATION OF ADMINISTRATIVE FEE (26) (27.281 (29-34) (35-39� Y (40-G41 (45.54) LINE NO. HUD -APPROVED 2-13R ALLOWAaLE ADMINISTRAT:1'E UNIT PAONTHS BASIS FAIR MARKET P,ERi'f PERCENT rE'c - f2) (3) ;4) � O1 PER. } CENT {n 3 0 59 303 ftt�'�♦` , iyia�.''�{t4ik � T�� � 'Ti`.�a R .ci awv,Atx� wZ. ,SeTQeuc"Kl�•'it ."T s. < .n y 02 115.00 . > ti ,� %r , x It ♦z �"!a% e Ym� �'-. .•i. ... v• K b ♦.i., <\ :.< \.w.♦' uy YQ.i �: '3�. C< ii � •�[..< Y. 200 03 59,303 ewous cai[1on is vosowese HiJD-52E72 (12.77) t. G. Execution of Oslo Daybeacons Project Agreement The Board reviewed the following letter dated 6/21/83: State of Florida Vrr liKLL K, L.. rr as Comptroller DEPARTMENT OF NATURAL RESOURCES BILL TreasGUNTER urer DOYLE CONNER DR. ELTON J. GISSENDANNER Commissioner of Agriculture Executive Director RALPH D. TURLINGTON Marjory Stoneman Douglas Building Commissioner of Education 3900 Commonwealth Boulevard, Tallahassee, Florida 32303 June 21, 1983 Mr. Donald G. Finney Engineering Technician Board of County Commissioners 1840 - 25th Street Vero Beach, Florida 32960 RE: Oslo Daybeacons FBIP # 10-41-13 Dear Mr. Finney: Enclosed are two copies of the project agreement for the above referenced project. Please have them signed and returned for further action. Project expenditures,should not be incurred prior to execution of the agreement. Sincerely, David 0. White Grants Coordinator Office of Recreation Services Division of Recreation & Parks ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the execution of the Oslo Daybeacons Project Agreement. (COPY ON FILE IN THE OFFICE OF THE CLERK) 17 SOK.53 PAGE p 4 t y lr e ll L., RE: Oslo Daybeacons FBIP # 10-41-13 Dear Mr. Finney: Enclosed are two copies of the project agreement for the above referenced project. Please have them signed and returned for further action. Project expenditures,should not be incurred prior to execution of the agreement. Sincerely, David 0. White Grants Coordinator Office of Recreation Services Division of Recreation & Parks ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the execution of the Oslo Daybeacons Project Agreement. (COPY ON FILE IN THE OFFICE OF THE CLERK) 17 SOK.53 PAGE p JUL 6 1983 PDX 53F= IRC BID #168, APPLE II Plus 48K COMPUTER SYSTEM The Board reviewed the following memo dated 6/21/83: TO: Board of County Commissioners DATE: June 21, 1983 FILE: THRU: Michael Wright SUBJECT: IRC BID #168 - Apple II Plus 48K County Administrator Computer System GE��� VICES DI��>�`SION� FROM: REFERENCES: Carolyn foodrich, Manager Purchasing Department 1. Description and Conditions The State of Florida, Bureau of Highway Safety has awarded a highway safety grant in the amount of $4,400 to the -Traffic Engineering Department. The grant is to be used to purchase a micro - computer system, compatible with software to be provided by the University of Florida and by private companies (e.g. Data Base Master). This will enable the Traffic Engineering Department to more efficiently and effectively accomplish traffic studies and reports. The Apple II Computer was speciflfEd as compatible with the software. Bids were received May 31, 1983 at 11:00 A.M. for IRC #168- Apple II Plus 64K Computer System. 2. Alternatives and Analysis 5 Bid Proposals were received. 2 bids were received on the Franklin Computer, 2 on the Apple IIe and 'I on the Apple II. _ After the bid was advertised, we received information that the Apple II has been discontinued and replaced by the Apple Ile. The Apple ILe is available on the Florida State Contract for approximately $1000.00 less than the 2 bids received. ' 3. Recommendation and Funding Staff recomme�nds no award be made on IRC #168 and that the Apple IIe Computer be purchased from -the Florida State Contract. Funding provided by State of Florida highway safety grant. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board accept staff recommendation that no award be made on IRC Bid #168 and that the Apple IIe Computer be purchased from the W Florida State Contract and approved the following budget amendment so that funds can be correctly recorded. To: Board of County Commissioners From: Jeffrey K. Barton Subject: Indian River County Traffic Engineering Equipment Grant The following budget amendment is to correctly record the revenue and expense for the Apple II Computer from the grant funds. Account Title Account No. Increase Decrease Highway Safety Grant 004-000-334-24.00 3,485 Office Furn/Equip. 004-245-541-66.41 3,485 Administrator Wright explained that we have a grant of $4400 to purchase the computer, and Purchasing Manager Carolyn Goodrich confirmed that the computer can be purchased from the Florida State Contract for approximately $2300 and that the balance of the $4400 grant would go to purchase a couple of other software items that have to be purchased through local vendors amounting to a total of $400-500. The balance of the grant money will be returned if it is not used. The Chairman CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. IRC BID #170 - BACKHOE The Board reviewed the following memo dated 6/23/83: JUL 1 3 19 PAU 899 r JUL 6 1983 .- _ ftt F ► TO: Board of County Commissioners DATE:June 23, 1983 FILE: THRU: Michael Wright SUBJECT: IRC BID #170 - Backhoe County Administrator GENAL SPRVICES DVISION FROM: [-Z -C: err��v REFERENCES: Carolyn doodrich, Manager Purchasing Department 1. Description and Conditions At the May 18, 1983 County Commission meeting, the Board approved expenditures of $18,000.00 for the purchase of a mini backhoe and $45,000.00 for the purchase of a full size backhoe for the Road & Bridge Department. Bids were received June 21, 1983 at 11:00 A.M. for IRC 070 - Backhoe. 19 Bid Proposals were sent out, 5 bids were received. 2. Alternatives and Analysis All bids met specifications. The low bid was submitted by Taylor & Munnell, Ft. Pierce, in the amount of '$27,000.00 for a Case 580D. The County presently owns 2 Case Tractors and there has been no difficulty in obtaining parts and no excessive down time. 3. Recommendation and Funding Staff recommends IRC #170 be awarded to the low bidder, Taylor & Munnell, for a Case 580D in the amount of $27,000.00. Funds to come from Account #004-214-541-66-43. Uncommitted funds total $171,122.33. Budgeted - $653,737.00. Administrator Wright explained that the real need for this backhoe is in the Utilities Department and what they are proposing is to transfer an existing 179 backhoe from Road and Bridges, which is not quite suitable for their purposes, into Utilities. They have also transferred a Caterpillar D-4 into Landfill and the net swap would result in $19,000 being paid back to Road & Bridges for those two pieces of equipment from the enterprise funds. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the 20 on! Board award Bid #180 to the low bidder, Taylor & Munnell, in the amount of $27,000 for a Case 580D Backhoe; funds to come from Account #004-214-541-66-43. In discussion it was noted that the backhoe was full sized and Commissioner Lyons hoped that the Utilities Dept. and the Landfill can afford to buy these other hoes. Administrator Wright assured him that it will be worked out. The Chairman CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. J J 2^45 -',44th Avenue � sD.'kt?'.] OE DO:Jh;TY C'JMF+AaSS3£IAiSFv I i ' j Vero aesch, Fiorids 32960 2145-i4th Averi;s V Vero Sesch, Florida 32M ~i m o w BID TABULATION BID TABULATION.- ��c ��c giro Aja 1310 NO.' DATE OF OPENING ." IRC Bid 0170 June 21, 1983 � IRC Bid 0170 June 21, 1983 y° BID TITLE . BACKHOE 810 TITLE . BACKHOE ~� ITEM DESCRIPTION UNIT PRICE UMT PRICE UNIT PRICE UNIT PRICE UI 1 -- ,.a D n 1 3-5 daysl 15-3$dayl 30-4$da* 30-4$day� 11 red 30 F-- i I I I 1 555 1 1 1 21 brOK PAGE?? 580- 580 J, ups 11550 1 1"4uu 30f+RD 0, COUNTY COMMISS10NERS r H J J 2^45 -',44th Avenue �` � o 45 Vero aesch, Fiorids 32960 A V ~i m o w BID TABULATION r �ro 4° BID NO. ` 3ATE OF 0PENiNG c cn° ." IRC Bid 0170 June 21, 1983 � �; ' c y° y, ' 810 TITLE . BACKHOE ITEM DESCRIPTION UNIT PRICE UNIT PRICE UMT PRICE UNI NO. 1. Backhoe _ 1 ea. Na NB -La 27854 0 red 30 F-- i I I I 1 555 1 1 1 21 brOK PAGE?? 53 FAGc 02 JUL 6 1983 IRC BID #171 - MINI BACKHOE The Board reviewed the following memo dated 6-23-83: TQ:Board of County Commissioners THRU: Michael Wright County Administrator DATE: June 23, 1983 FILE: SUBJECT: IRC BID #171 - Mini Backhoe GE RAL SERVICES DIVISION FROM: � •� -�.�� REFERENCES: Caroly oodrich, Manager Purchasing Department 1. Description and Conditions At the May 18, 1983 County Commission meeting, the Board approved expenditures of $18,000.00 for the purchase of a mini backhoe and $45,000.00 for the purchase of a full size backhoe for the Road & Bridge Department. Bids were received June 21, 1983 at 11:00 A.M. for IRC #171 - Mini Backhoe. 19 Bid Proposals were sent out, 2 bids were received. 2. Alternatives and Analysis Both bids met specifications. The low bid was submitted by Taylor and Munnell, Ft. Pierce for a Mitsubishi with a Schwartz Bucket and a Woods Backhoe. Taylor & Munnell stocks parts for the Mitsubishi, therefore, availability of parts should not be a problem. 3. Recommendation and Funding Staff recommends IRC #171 be awarded to the low bidder, Taylor & Munnell, in the* amount of $11,625.00 for a Mitsubishi MT -180 -HD with a Schwartz Bucket and a Woods Backhoe. Funds to come from Account #004-214-541-66-43. Uncommitted funds total $171,122.33. Budgeted $653,737.00. Jim Davis, Public Works Director, explained that this piece of equipment could greatly improve the efficiency of the backlot work crews when working in -narrow spaces where there are utility poles and other obstructions. Over the past years, they have been renting a similar piece of equipment from Taylor Rental, and they have found that the mini -backhoe can do the work of two or three men which would result in substantial savings. 22 _I MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board award Bid #171 to the low bidder, Taylor Munnell, in the amount of $11,625 for a Mitsubishi MT -180 -HD with a Schwartz Bucket and a Woods Backhoe; funds to come from Account #004-214-541-6643. In discussion, Commissioner Wodtke asked if there was any particular reason why we received only two bids and Director Davis explained that this piece of equipment is not manufactured by a great number of companies due to its specialized nature. It was pointed out that the mini -backhoe was a Japanese make and that neither Florida Tractor Kelly Tractor makes a similar backhoe. Commissioner Wodtke was assured that Road & Bridges has seen it in operation and that it meets all specifications. The Chairman CALLED FOR THE QUESTION. The Motion carried unanimously. BOARD OF COUNTY COMMISSIGNERS 2945 -14th Avenue Vero Beach, Florida 32960 ate. BID TABULATION I 611) NO. DATE OF OPENING 0 IRC #111 June 21, 1983 Sal BID TIT E �UADER/BACKHOE (MINI SIZE) ti ITEM NO DESCRIPTION UNIT PRICE UNIT PRICE 1. Loader/Backhoe (Mini) 1 ea. 11625 00 20258 00 2. Days required for delivery after receipt of P.O. 30 Days 60 days type MITSU ISH FOF D MT -18( -HD CL45 SCHWA TZ BULKL WOODS BACKH E 23 'JUL 6 1983 lb 5 P�� 0 �f�OX 3; FAu IXORA/TREASURE COAST WASTEWATER SYSTEM IMPROVEMENTS The Board members reviewed the Alternative Analysis of Pumping Schemes for South County Wastewater System Improvements - Phase II as prepared by Sverdrup & Parcel, a complete copy of which is on file in the Office of the Clerk. Portions of this study are as follows: 24 I INTRODUCTION Sverdrup & Parcel and Associates, Inc. has been requested by County Staff to;analyze alternative wastewater forcemain routings for Treasure Coast and Ixora Utilities. At the present time, both wastewater systems are under scrutiny of the Department of Environmental Regulation for failure to meet state pollution standards. The combined wastewater usage of both systems is approximately 95,000 gallons per day. This report addresses various alternatives which offer a possible solution to the County's immediate needs. Please note,.the alternatives and estimated costs presented herein are not intended to represent the only options available to the County, but appear to be the most viable. II ALTERNATIVE DESCRIPTIONS .tl Below are listed eight (8) alternatives for the rerouting of waste- water forcemains from Treasure Coast (Whispering Palms) and Ixora Utilities "L See Appendix A for individual route locations and construc- tion cost estimates for each alternative. For further reference, we direct your attention to the "Minutes" of the Board's Workshop on March 23, 1983. Alternative 1 (See Figure 1 - Appendix A) This alternative proposes the pumping of wastewater from the two facilities to the Vista Royale Wastewater Treatment Plant. Pumping to the wastewater treatment facility will require special permitting from DER to construct in the wetlands east of.the Vista Royale Development,and may require further modifications to the existing treatment facility to effectively treat the increased loading. At this time, it seems question- able as to the excess capacity available at the Vista plant. Wo Alternatives 2 and 3 (See Figures 1 and 2 - Appendix A) Alternatives 2 and 3 are similar in concept and require the cons- truction of a 300,000 gallon per day wastewater treatment plant adjacent to the existing Ixora Wastewater Treatment Plant site. Alternative 2 considers the cost of a concrete structure and Alternative 3 considers the cost of a steel structure. The overall concept would be to pump from Whispering Palms area to the Ixora plant site. This will require the demolition of the existing Ixora Plant once the sewage has been diverted to the new facility. Construction of this size plant will enable the County to pick up additional customers considering the actual usage is approximately 95,000 gallons per day. However, a plant constructed in this area will not be buffered from the adjacent community and may create effluent discharge conflicts with the Department of Environmental Regulation. 25 6QQK 53 PAGE 905 i JUL 193 aII U 9 Alternative 4 (See Figure 4 - Appendix A) This alternative considers the construction of forcemains from Ixora Park and Whispering Palms extending along the South Relief Canal to 1st Street then north on US 1 to 10th Street to a refitted Tropic Villas Pump Station. The pump station at Tropic Villas is overdesigned as far as the wetwell is concerned to handle additional capacity from the 6th Avenue and 12th Street area. There is the potential to tie-in additional customers if they tied in along the forcemain route. In the event a treatment facility is constructed west of town, the pumping system could be reversed. Alternative 5 (See Figure 5 - Appendix A) Alternative 5 is similar to Alternative 4 with the exception the forcemain would tie into a gravity sewer system constructed along 6th Avenue. This alternative will offer the capacity for additional tie-ins. The gravity sewer system along 6th Avenue will eliminate existing package treatment plants located within the 6th Avenue -12th Street area. Alternative 6 (See Figure 6 - Appendix A) This alternative is very similar to Alternative 4 with the excep- tion the forcemain route from the two areas would extend along the .South Relief Canal to Old Dixie Highway, thence continuing north on Old Dixie to 4th Street, across the F.E.C. railroad and eventually tieing into US 1 and to a refitted Tropic Villas Pump Station. The rationale behind this alternative is there is a package treatment plant located in a mobile home park that would be eliminated. This alternative will also allow a reversal of the pumping system should a treatment facility be constructed west of town. There is also the potential to tie-in addi- tional customers. Alternative 7 (See Figure 7 - Appendix A) Alternative 7 proposes the same forcemain route as Alternative 6 with the exception the forcemain would tie into a gravity sewer system at 6th Avenue. This alternative will allow additional connections and eliminate package plants along 6th Avenue but will require the re- fitting of the Tropic Villas Pump Station. Alternative 8 -(See Figure 8 - Appendix A) This alternative wound bring a forcemain north along Lateral E Canal past the Old Hibiscus Airpark to 12th Street, then east to the 26 M M M r � � = Vero Mall and a tie-in to the existing 6" forcemain. There will be the need for construction of an intermediate pump station located in proxi- mity to the Old Hibiscus Airpark. There is a parcel of undeveloped land at the Old Hibiscus-Airpark and the owner/developer has indicated an interest in sewer service and would be willing to pay his fair share. In this regard, there is the potential for picking up additional cus- tomers. IV RECOMMENDATIONS Based on the information"presented herein, the following recom- mendations are presented: 1. It is our recommendation the County proceed with the construc- tion of the forcemains and pumping stations as described in Alternative 8. This alternative consists of the construction of a forcemain along Lateral E Canal past the Old Hibiscus Air - park to 12th Street and eventually tieing into the existing. 6" forcemain located near the Vero Mall. We feel this alter- native is the most feasible for satisfying the immediate wastewater needs of the County. 2. We also recommend the County formulate a letter of agreement for a prepaid impact fee or a service agreement in advance to establish a means for increasing the customer base. 27 JUL 6 1983 53 PAGE 910 JUL 6 1993 0 moo IJ L -- GRAPHIC SCALE IF '*K 16 TNlL I Oo 00 /t TN /i TH 7 0 4W It IN 612 GLEHDALE 0000 SOON_ H� r—lamoQ©0 ©0 -0==] rH r�Mr- _4 RA PARK P.S. Q s rro sr sw z IsT. L-11101 � 7 SANITARY SEWER FORCE MAN ALT. 5 RELt, a� 0 A _LTROP I C VILLAS 6 TH AV SANITARY SEWEF LL � r r CANAL it IL aoa'1 L 4 Y,. DO Eos U ° (D if �o W. PALM P.S. D ro sr. tuciE P, S, VIA U,S, 1 (UTILIZING 6TH AVE. SAN. SEWER) InpF _ a mO' cRa;WIC SCALE IF7F t lxora Park 1 rH Junut ALT.8 • FIG U . OSLO RO. 0a C a ro Sr L UCIE 1 To Vero Mall Tie-in via 1 Hibiscus Air Park 29 JUL 6 1983 10ox .53' ?AGE 909 Ct JUL 6 1983 TABLE V - ALTERNATIVE 5 I tem 1. Whispering Palms Pump Station 2. Ixora Park pump Station 3. Tropic Villas Pump Station (TVPS) Renovation 4. 6" Forcemain 5. Fittings & Thrust Blocks 6. Pavement Replacement 7. 6" Plug Valve & Box 8. 8" PVC Sanitary Sewer 9. Manholes 10. Tie -In Existing Sewers 11. Tie -In @ TVPS 12. Lateral J Crossing 13. 20th Avenue Bridge Crossing 14. S.R. Canal Crossing 15. Jack & Bore FEC/RR 16. Air Release Valves 17. 10" PVC Sanitary Sewer Item -unit Unit Cost Quantity L.S. $45,000.00 1 .L.S. 55,000.00 1 L.S. 40,000.00 1 L.F. 6.50 18,600 LB. 1.50 3,500 L.F. 15.00 1,700 EA. 500.00 3 L.F. 14.00 11000 EA. 1,200.00 4 _ EA. 2,000,00 4 L.S. 2,000.00 1 L.S. 51000.00 1 L.S. 20,000.00 1 L.S. 20,000.00 1 L.S. 15,000.00 1 EA. 2,000.00 4 L.S. 159,643.00 1 Total Cost TABLE VIII - ALTERNATIVE 8 1. Whispering Palms Pump Station 2. Ixora Park Pump Station 3. 6" Forcemain 4. Fittings & Thrust Blocks 5. Pavement Replacement 6. 6" Plug Valve & Box 7. 8" PVC Sanitary Sewer 8. Manholes 9. Tie -In Existing Sewers 10. Lateral J Crossing 11. Air Release Valves 12. Old Hibiscus Airpark Pump Station 13. Jack & Bore FEC/RR 14. South Relief Canal Crossing 15. Forcemain Tie -In @ Vero Mall Amount $ 45,000 55,000 40,000 120,900 - 5,250 25,500 1,500 14,000 4,800 8,000 2,000 5,000 20,000 20,000 15,000 8,000 159,643 :>- $549,593 Unit Unit Cost Quantit Amount L.S. $45,000.00 1 $ 45,000 L.S. 45,000.00. 1 45,000 L.F. 6.50 20,750 134,875 LB. 1.50 3,500 5,250 L.F. 17.00 800 _13,600 EA. 500.00 3 11500 L.F. 14.00 11000 14,000 EA. 1,200.00 .4 4,800 EA. 2,000.00 4 81000 L.S. 5,000.00 1 51000 EA. 2,000.00 4 81000 L.S. 75,000.00 1 75,000 L.S. 15,000.00 1 15,000 L.S. 20,000.00 1 20,000 L.S. 3,000.00 1 3,000 Total Cost '$398,025 i Commissioner Scurlock noted that although Alt. 8 appears to be least expensive if you eliminate the 6th Avenue improvements, then Option 5 becomes the least expensive, and it is his understanding the Utility Department is recommending that we move ahead with the 6th Avenue improvements, no matter what course is decided on. Mr. Pinto confirmed that the Utility Department would recommend improvements on 6th Avenue which would consist of a gravity line going from U. S. I to 6th Avenue and then north on 6th Avenue to the existing lift station, which would entail a 10" PVC sanitary sewer line costing about $160,000. - Discussion then followed regarding capacity available, the amount of allocation left, the anticipated development in various areas, and the fact that the report does not analyze impact fees. Commissioner Scurlock noted that the Alternate 8 route makes services available to two developers - Mustapick and Art Wilson, and the Mustapick tract already has asked for all the capacity available. He believed we must consider previous commitments by which we are bound as well as the development of which area would be in the County's best interests. Mr. Pinto stated that the Utility Department is looking at this as giving a commitment only to Ixora and Whispering Palms Subdivisions. After that,'if there is capacity left, others can connect; if not, they can't. Administrator Wright emphasized that we only have $363,000 to work with, and if Alternate 5 is chosen, we have to do the gravity line. He further noted that the Mustapick property is adjacent to Treasure Coast so that no matter which way we go, sewer will be available to that property; we do not know if the capacity will be, however. Commissioner. Lyons expressed great concern about running sewer to the plant by the river and stated that he 31 JUL 6 1983 53 JUL 6 198 would prefer to see it run the other way out to the St. John's marsh even if we have to develop our own facility. Mr. Pinto stressed that there is a real timing factor involved with the routing of the lines in order to satisfy not only the DER, but also the bond issue this money came from. He explained that the way this system is designed, the flow could be reversed and taken west and stated that he has talked to the-Mustapick people about the possible location of a plant in that area. Mr. Pinto believed we could build a 300,000 good plant for about $300,000. Commissioner Scurlock emphasized the importance of setting a firm policy establishing a fair way to allocate capacity. Commissioner Wodtke favored Alternate 8 recommended by the consultants, taking into consideration two important factors - the ability to reverse the flow and the fact that he believed Sixth Avenue can support an extension to the U. S. I/4th Avenue area. He agreed there must be a firm policy as to allocation and that we must first address the Ixora/Whispering Palm area where there is an immediate need. He further felt that taking impact fees into consideration could be very important. Administrator Wright asked how this revenue can be taken into consideration when we may not have that much allocation, and Mr. Pinto also felt that at this point we must not even think about revenue. He.pointed out that the whole intent of the proposed improvements was to solve the Ixora/Treasure Coast problem, which must be resolved, and under no circumstances would he recommend expanding the cost beyond what we have in the bond issue. Considerable discussion continued as to capacity and the effect of taking the Hibiscus route, and Mr. Pinto noted that it depends on who will be able to build first, and he believed 6th Avenue will develop before Hibiscus. He 32 � � r pointed out that no matter what route we take, we still will be faced with the same allocation. Mr. Pinto continued that if Alternate 8 is chosen, he still is planning to sit down with 6th Avenue developers and say here is what is left and if you want it, -you will have to contribute, i.e., they would have to pay their portion of the construction of the line on 6th Avenue, the impact fees, and the service charges just as if they were connected, which is the only way, in his opinion, they could reserve that capacity. Commissioner Scurlock brought up the possibility of expanding the allocation from Vero Beach and asked if the line would have the physical ability to.carry additional capacity. Mr. Pinto explained that since we are looking to design the line for the flow to be reversed, he would like to size it to take the entire area. He did not feel the line size is a big problem. Commissioner Scurlock noted that while he originally was convinced that Alternate 5 was the best option, after listening to staff's reasoning, he now feels that Alternate 8 is by far the best decision, based on our setting a firm policy as to dispensing the capacity and also immediately contacting the City for an additional allocation. Lengthy discussion ensued as to a "first come, first served" policy for those who put up the money and are willing to meet the requirements. It was again emphasized that our first commitment is to the Ixora/Treasure Coast areas, and question arose as to any undeveloped lots in those areas. Mr. Pinto noted that the line is designed to take the full capacity of their plants which were designed to take the full capacity of those developments, but he felt any undeveloped lots in those areas should be on a first come, first served basis just the same as all others. He further 33 UL 6 1983 53 ?AU 9 J r JUL 6 1983 �;C 914 felt that we have got to start .telling these people they F have to be on line. Commissioner Scurlock asked whether we would be liable and be required to expand if we did build a system that proved to be undersized. Attorney Brandenburg noted that the ordinance as written requires those within a certain distance of the line to hook on, but the problem is that so far the County never has enforced this requirement. He did not feel, however, we would have any liability as to expansion. Commissioner Wodtke felt if there should happen to be a 10 acre undeveloped piece in the Treasure Coast/Ixora franchise area, we would not have to include that, but he felt we should have capacity for the individual undeveloped lots before we sell to other areas. Mr. Pinto and Administrator Wright both felt that would present a problem and did not feel you could make a distinction. Commissioner Scurlock did not agree because we have existing rate payers in those areas and this whole program was precipitated to solve their particular problems. After considerable discussion re uniform policy, discriminating, creating two classifications, etc., it was generally agreed that individuals with undeveloped lots in the Ixora/Treasure Coast franchise areas should be contacted and given the first opportunity to come on line. Some discussion followed regarding engineering fees, rights-of-way, etc., and Mr. Pinto stated that he has talked about using Indian River Water Management District rights-of-way and hopefully any rights-of-way will be donated. In regard to engineering fees, these will be negotiated with the engineering firm. 34 Administrator Wright felt it would be appropriate that the Board consider renegotiation of the present engineering contract as they have done all the preliminary work. Commissioner Scurlock asked about the Competitive Negotiation Act, and Attorney Brandenburg noted that these engineering contracts were continuations of previously existing contracts and they never came within the Competitive Negotiation Act. Commissioner Scurlock believed we should go out competitively for everything to get the best price and service. Administrator Wright asked about how long it will take to engineer this project, and Engineer Guy Wills felt it will take about 12 weeks. Chairman Bird believed the Attorney and Utilities Director Pinto should negotiate with the engineer and come back as soon as possible; then if we can't come up with a satisfactory agreement, we will have to go out to bid. Mr. Pinto stated that he mainly wants to be sure we stay within the budget figures. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, to accept Alternate 8 at an approximate cost of $398,000 and establish a firm policy in relation to any excess capacity that those must individuals pay for impact fees and con- struction fees up front and pay monthly service bills; the first priority to be given to existing undeveloped platted lots in Ixora and Treasure Coast franchise areas, this priority to extend 60 days after notification, after which it is an open situation for anyone within the service area. Any extension of .line to another area, the cost would be borne by the developer. 35 s o 53- PA'U915 JUL 6 1993 0 Discussion then arose about lots presently on water, but not on sewer, and Commissioner Scurlock believed that is a.separate situation and that it is covered under our existing ordinance. Commissioner Wodtke felt that anyone on a septic tank is faced with problems in the long run, and we need to get them on the system. Chairman Bird had a problem with forcing people to come on now when their septic tank is working fine, but noted that otherwise, we have to hold that capacity open indefinitely. Mr. Pinto informed the Board that it is general policy in the nation when you put in a sewer system, there is a mandatory connection no matter when you install your septic tank. Commissioner Scurlock felt our existing Ordinance is very clear on this point, and it says "shall," not "may." THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized staff to begin negotiations with Sverdrup & Parcel and Associates, Inc., Con- sulting Engineers, and further authorized staff to go out on a competitive bid basis if they cannot reach a satisfactory agreement. - Motion was made by Commissioner Lyons that the Utility Department be authorized to give notice to the existing residents in Whispering Palms and Ixora Subdivisions that in the cases where their homes are not connected to the central sewer system, they will be expected to be connected when the w facility is available, and give them some idea of the cost involved. The Motion died for lack of a second. Administrator Wright raised the question of whether we want to single out just these two subdivisions since we have the same situation in Gifford. Commissioner Scurlock felt it would be appropriate to have the Utility Department schedule a town meeting and do a bit of education re what we are doing in terms of service and time table as well as explain this is not a situation we created. Discussion continued at length re mandatory hook-up for both water and sewer, and Commissioner Lyons suggested that the Utility Department come back to us with their suggestion about how this situation should be.handled. The Board agreed. COMPREHENSIVE PLAN AMENDMENT REQUEST FROM THE TOWN OF INDIAN RIVER SHORES The Board reviewed the following memo dated 6/15/83: E TO The Honorable Members DATE: June 15, 1983 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: 14�- *- L/ - - &,j SUBJECT: Patrick Bruce Ki g, AICP THROUGH: Bob Keating, AICP Planning & Zoning Dept. Manager Clare Z. Poupard COMPREHENSIVE PLAN AMENDMENT REQUEST FROM THE TOWN OF INDIAN RIVER SHORES FROM: Planner I 0 REFERENCES: It is requested that the information presented herein be given formal consideration by the Board of -County Commissioners at their regular meeting on July 6, 1983. DESCRIPTION AND CONDITIONS The Community Development Division -began accepting Comprehensive Plan amendment applications on May 16, 1983, as part of its legally required plan amendment process. On June 6, 1983, a letter was submitted to the County from the Town of Indian River 37 JUL ` ���3 x 53 racy ��.7 1 JUL 6 1983 wt Shores. This letter (see Attachment 1) requested that the County consider amending the land use designations which it had assigned to those County enclaves which are totally surrounded by the Town of Indian River Shores. The letter states the reasons for this request. These reasons include establishing lower allowable building densities, which would conform to the allowable building densities which Indian River Shores has assigned within its jurisdiction, as well as protection of the County's natural resources, maintenance of traffic and utility capacities and flood control. Because the enclaves listed in the amendment request are private- ly owned and within the County's jurisdiction, the Town of Indian River Shores cannot submit a formal plan amendment application. According to F.S. 163.3163 (Local Government Comprehensive Planning Act) the County, as governing body for the landowners of the subject properties, can change the land use designation of these subject properties in the absence of land use amendment requests from the individual property owners. This would involve the redesignation of 21 parcels of land (see Attachment 3). The request from Indian River Shores was that the Land Use Plan designation of all unincorporated land from a point starting 400' west of S.R. A -1-A and continuing westward to the Indian River be amended to conform to the City's R-lA zoning classification. This classification has a maximum allowable building density of 2.9 dwelling units/acre. Therefore, the land use plan would have to be amended from LD -2 to LD -1 for those parcels numbered 3-23 on the map in Attachment 3. The Town also requested that all parcels east of this line be designated in conformance with the Town's R -2A zoning classification. Since. these parcels (1 & 2) are currently designated LD -2 (6 dwelling units/acre), and the Town's current zoning classification allows construction of 6 dwelling units/acre, no land use amendment would be needed for these parcels. ALTERNATIVES AND ANALYSIS There are several points which should be considered in evaluating this amendment request. First, when the Comprehensive Plan was being formulated, the Board of'County Commissioners considered the land use designation of all County enclaves which were surrounded by the Town of Indian River Shores. At that time, the Board determined that the land use designation of these parcels should be LD -2. The Board will have to decide, at this time, if there is a need to review this decision. A second point which needs consideration is that, if the County does initiate a land use amendment application, this will allow the County to compare the County's land uses in the area with the adjacent land uses in Indian River Shores. As part of the application review process, staff would be able to analyze whether the LD -2 land use designation is consistent or inconsis- tent with the actual land uses in both the County enclaves and the Town of Indian River Shores. Thirdly, in reviewing recent land development applications, the Board of County Commis,sioners has commented that the Town of Indian River Shores' land use regulations should be considered when development applications for County enclaves are submitted. Consideringa change in the land use designation of these enclaves would conform with this policy of cooperation between Indian River Shores and the County. RECOMMENDATION Staff recommends that the Board of County Commissioners consider all the facts in the Town of Indian River Shores' request and make a decision as to whether the County should initiate its land use amendment procedure. ® W M Bruce King, Community Development Director, introduced Richard Shearer, new County planner. Director King explained that this request by the Town of Indian River Shores relates back to the County's initiation of the Comprehensive Plan amendment process as specified in the adopted Comprehensive Plan. He stated that it was advertised in the paper that the County was accepting applications and they received a request from the Town of Indian River Shores which related to all the County enclaves and were very specific in what they were requesting the change to. However, in order for action to be taken by the County's administrative staff, it is necessary that the application either be signed by the owner or have an authorized slip from the owner or be initiated by the County. It is not possible for one individual to request a change in zoning designation on a piece of property that they do not own. Director King explained that the purpose of this item on the Agenda today is to get some direction from the Board of County Commissioners as to whether or not they desire the County staff to initiate possible land use changes for the County enclaves in Indian River Shores and confirmed that it would entail public hearings, etc. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board approve the initiation by staff to proceed with the necessary public input and due process and give the request of Indian River Shores every consideration. Commissioner Lyons stated he did not understand the Motion and Commissioner Scurlock explained the Town of Indian River Shores cannot sign the application, which makes 39 JUL 6 1983 .1909 '53 ?Au 919 FF_ JUL 6 1983 aK � &+Q it necessary for the County to initiate the activities by indicating to the staff that we want it to be considered. He felt that we would not be taking a position for or against, but just initiating its presentation. After public hearings are held, the zoning will either remain LD -2, or be modified to LD -1. In discussion, Chairman Bird asked Director King if a comparison would take place between the County's land uses in the area and the adjacent land uses in Indian River Shores and then meld the two together and come back to a public hearing with a recommendation as to whether staff feels that the changes are in order or not, and we will address them at that time. Director King concurred that the affected property owners and the Town of Indian River Shores would have an opportunity to be heard. Commissioner Wodtke pointed out that the enclaves were not created by the County, they were created by the Town of Indian River Shores. He pointed out that the town is basically requesting that the County Comprehensive Plan be adjusted to provide future land use for County enclaves that are consistent with their community. He felt that it could very well work the opposite, that perhaps the Town of Indian River Shores could adjust their Comprehensive Plan to our future land use. Commissioner Wodtke regretted the existence of the enclaves and wished they had never been allowed to happen. Commissioner Lyons asked if we had set a certain time sequence in connection with the annual -review of the Comprehensive Plan. Bruce King explained that the Compre- hensive Plan specifies that in the beginning of each calendar year the County will consider amending the land use plan. However, the staff was very busy in January, but have since developed the amendment procedures. He reported that even the amendments that came in after the deadline are 40 taken to the Planning & Zoning Commission to await the decision on whether or not to waive the time limit, and they will be heard at the next Planning & Zoning Commission meeting. Mrs. Carolyn Eggert of the Planning & Zoning Commission explained that the letter of request from the Town of Indian River Shores was sent directly to the Board and then directed back to the Planning & Zoning Commission. Chairman Bird asked if anyone from the Town of Indian River Shores wished to be heard. Mr. Fritz Gierhart, Mayor of Indian River Shores, addressed the Board and explained that when the County was incorporated, the property owners were given the opportunity to become part of Indian River Shores or, at their own request, remain part of the County. This created the enclaves, but Indian River Shores did not. He felt one of these days the people in the enclaves will realize that it is more beneficial to live in Indian River Shores than in the County and will want to come in and join up. In the meantime, he asked for the Board's indulgence in this matter, and suggested that public hearings be held in order to get something squared away. Chairman Bird asked if anyone else wished to be heard or if there was any further discussion on the Motion. There was none. The Chairman CALLED FOR THE QUESTION. The Motion carried unanimously. DISCUSSION ON REINHOLD LITIGATION Attorney Brandenburg explained that the County has been involved in litigation for quite some time with Reinhold Construction and Connell, Metcalf & Eddy, architects, and they have indicated that they would like to sit down with 41 JUL 6 1983 �, DbbK .53 1 I J U L 6 1983 Stix ' f A .92 the County and resolve matters without going to trial. He felt that the County is close to being in a position to judge whether or not to go to trial. He explained that the attorneys have scheduled a meeting for this afternoon at two o'clock. He felt that to enter into negotiations of any meaning, a County Commissioner should sit in on this and any additional meetings. If that wasn't possible, then perhaps the Board could authorize the Legal Dept. to do whatever was necessary. Attorney Brandenburg stressed that it is important that a decision be made on whether we are capable of reaching a settlement on the matter or whether we are going to spend the necessary funds to take the matter to trial. During discussion, it was pointed out that the con- struction company's claim is $800,000 and the architect's claim amounts to $150,000. Mr. Reinhold had indicated that he has expended over $50,000 in attorney fees on this case alone. The County has paid outside counsel in the neighborhood of $22,000-24,000, plus the fees of the arbitration firm of Collins -Brown who hired Jones -Foster out of Palm Beach county to handle the appeal. To date, the County is approaching $35,000-$38,000.in attorney fees. Attorney Brandenburg estimated that a trial would last about two weeks and involve considerable expense. In discussion, Attorney Brandenburg stated that there was some thought that the Commission representative should be one of the two Commissioners who were in office at the time the original agreements were approved, either Commissioner Lyons or Commissioner Wodtke. After some discussion, it was decided that Commissioner Lyons would represent the Board in this matter. ON MOTION MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board 42 M M ® r � unanimously appointed Commissioner Lyons to negotiate on behalf of the Board of County Commissioners at the meeting of the attorneys in regard to the Reinhold litigation; with the final.determination coming back before the Board.. AWARD OF BID - 16th STREET TRAFFIC AND PEDESTRIAN IMPROVEMENTS The Board reviewed the following memo dated 7/1/83: TO: The Honorable Members of the DATE: July 1, 1983 FILE:'�/16th Street Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT' • Award of Bid - 16th Street Traffic and Pedestrian Improvements - Public Works Project # 8105 FROM:v James W. Davis, P. . , � REFERENCES. Darrell E. McQueen, P.E. , to Jim Public Works Director Davis dated June 30,.1983 DESCRIPTION AND CONDITIONS Bids were received at 2:00 PM on June 29, 1983 and publically opened for the above subject project. Public advertisement was published in Vero Beach, Orlando, Tampa, West Palm Beach, and Fort Lauderdale, Florida on June 8 and June 15. A pre-bid meeting was held on June 24, 1983 in the offices of Lloyd and Associates; Four Bidders attended the pre-bid meeting and received copies of the Contract Documents. Three bidders responded by submitting bids. The project bid schedule was prepared using limerock base as the Base Bid, and Coquina Shell base as an alternate. The bid tabulation sheets are on file in the Office of the Secretary to the Board of County Commissioners and the Public Works Division. ALTERNATIVES AND ANALYSIS The following bids were submitted: Bidder Dickerson, Inc. - Stuart, Florida Base Bid - Limerock $2,156,097.31 Alternate Bid - Coquina $2,08.8,781.40 Fort Pierce Contracting Corp. - Fort Pierce, Fl. Base Bid - Lhaerock $2,326,487.39 Alternate Bid - Coquina $2,264,286.59 Nabbarc- Construction Co., Orlando, Fl. Base Bid - Limerock $2,558,839.59 Alternate Bid - Coquina $2,462,217.59 Engineers Estimate $2,348,407.00 All bidders submitted the proper bid bond, and all bids appear in order. JUL GAWS 43 53 mi923 JUL 6 1983 .53 The design engineer, Lloyd and Associates, Inc., and the Public Works Division Staff recommend limerock base. Coquina Base is being used by the Florida D.O.T. on the new A -1-A widening project, I-95, and various other projects, however, it has, in our opinion, inferior base drainage capability. RFCONE NDATIONS AND FUNDING The Public Works Director Staff concurs in the recommendation of Lloyd and Associates, Inc., to award the contract for the 16th Street Traffic and Pedestrian Improvements to Dickerson, Inc., of Stuart, Florida for the Base Bid of $23,156,097.31. Funding to be allocated from the Second Gas Tax Fund administered by D.O.T. in Tallahassee, (balance as of May 31, 1983 is $4,611,769.86). The following action is recommended for approval to begin construction. 1) Authorize the Chairman.to sign the Agreement with Dickerson, Inc. in the amount of $2,156,097.31. 2) Authorize staff to submit the necessary forms to the State Board of Administration for construction funds. The construction funds will be credited to account # 307-214-541-35.39. 3) Authorize staff to issue a Notice -to -Proceed to the Contractor for Work to begin July 13, 1983 or within 10 days thereof, subject to proper contract execution, insurance certificates, etc. 4) Authorize payment to Lloyd and Associates, Inc., in the amount of $33,413.24 as final payment for the Design Phase as provided for on page 12 of the County's agreement with Lloyd and Associates dated August 18, 1982. Funding to be from Account #-307-214-541-33.13, -unencumbered balance is $39,080 as of July 1, 1983. Public Works Director Davis explained that there were two figures submitted from each bidder, one using limerock as a base and the other using Coquina.Shell as an alternate base. He noted that these bids were properly advertised and the recommendation of staff is to authorize the Chairman to sign with Dickerson, Inc., of Stuart, Florida. He explained that there are three other recommendations. However, he would like to change Recommendation #2 after speaking to Finance Director Barton to reflect the -changes in accounts shown in the following budget amendment: 44 E To: Board of County Commissioners From: Jeffrey K. Barton Re: 16th Street Project The following budget amendment is necessary to budget funds for State draw downs for the 16th Street Project from the State Board of Administration Account Title - Account No. 2nd Gas Tax 307-000-335-42.00 Engineering Sery 307-214-541-35-39— Land 307-214-541.-66.11--- Other 07-214-541-66.11-rOther Rd Materials/Supplies 307-214-541-35.39 Reserve for Contingencies 307-199-513-99.91'" Increase Decrease 2,346,883 32,000 58,785 2,156,098 100,000 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously awarded the bid to Dickerson, Inc. in the amount of $2,156,097.31 for the 16th St. traffic and pedestrian improvements, authorized the Chairman to sign the agreement with Dickerson, and approved the above budget amendment, as recommended by Finance Director Barton. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock, that the Board approve staff recommendations 2, 3, & 4, as amended by Public Works Director Davis. In the following discussion, it was pointed out that the contractor has indicated that work will begin very soon and does not see any problem with construction going on when school resumes in late August as traffic will be rerouted with temporary signalization. The estimated time of construction is one year. JUL 6 1988 45 53 ,, J JUL 6 199 Commissioner Lyons asked if the intersection of 17th Street and U.S. 1 will be coordinated with the DOT activities to come out even with our project, and Director Davis answered that he has asked the DOT to please notify the County if their project did come in over budget for the third time prior to rejecting the bid This would allow the County to make a decision as to whether the County could provide some additional funds to accomplish the project and he hoped that the two projects can be completed within the. year. Director Davis reported that they are planning on widening a missing link on 19th Place over to Route 60, where there are two lanes that are not wide enough. Darrell McQueen of Lloyd & Associates felt that a 60 -day timeframe is advisable for obtaining the rights-of-way on 16th Street, and that 30 days would even be better. Attorney Brandenburg reported that the County is now in the process of acquiring the rights-of-way and he has sent letters to the 24 property owners involved asking for their suggestions for whatever type of compensation they think is fair, whether it be a donation, cash payment, or some sort of landscaping or buffering along their property. ^He pointed out that he has had only three appointments to date, and felt it would take considerable time to contact all of the 24 property owners. However, he has received only one negative response. The Chairman CALLED FOR THE QUESTION. It was voted on and carried unanimously. Chairman Bird understood that when this project is completed, it will eliminate all the parking the school has enjoyed for football games on the south side of the Citrus 46 j Bowl. He felt it would point out even more the eyesore that still exists in the parking area on the north side of 16th St. and hoped that consideration will again be given by the City, County and the School Board to pursuing the plan by Lloyd & Associates to landscape, buffer, and provide paved parking and good drainage in that area adjacent to the softball fields and the strip going down 17th Avenue. Chairman Bird had been advised that it was not feasible to tie this in with the main project, but that it could be handled by a local firm on a separate bid. However, Mr. McQueen advised that the base price figures have changed since the beginning of the project and felt that it might be very advantageous to work this into the project now, if the contractor would do it at the agreed unit price. Commissioner Scurlock asked whether gas tax monies would be available for this particular purpose. Director Davis was not familiar with the strings attached to these monies and suggested we get an opinion. Chairman Bird felt that we should reopen that issue and see if there is a possibility of dovetailing it into this project. It was agreed that Director Davis would contact the City and the School Board regarding their willingness to participate in the parking area project, and take it back to the Transportation & Planning Committee. TURTLE RESEARCH PROJECT The Board reviewed the following memo dated 6/2/83: 47 BOOK 53 JUL 6 1983 �.,;. t1K53 FAL" TO: The Honorable Members DATE: June 2, 1983 FILE: of the Board of County Commissioners DIVISION` HEAD CONCURRENCE SUBJECT: TURTLE RESEARCH PROJECT atrick Bruce King, CP THROUGH: Bob Keating, AICP,1 . Planning & Zoning Dept. Manager QA -1 FROM; Art Challacombe REFERENCES: Environmental Planner It is requested that the data presented herein be given formal consideration by the Board of. County Commissioners at their regular meeting on July 6, 1983. DESCRIPTION AND CONDITIONS On May 4, 1983, at their regularly scheduled meeting, the Board of County Commissioners discussed the Caretta Research, Inc. turtle study project and the request for authorization to establish a study beach and to patrol the area with Honda ATC 90s. The Board generally endorsed the proposed project; however, they questioned the need for the vehicles and wanted assurance that the high school students employed on the project will be properly supervised in the use of the vehicles. The Board subsequently authorized staff to communicate with Carretta Research, Inc. on their concerns. On May 12, 1983, staff sent a letter to Mr. Ed Phillips of Caretta Research to inform him of the Board's action. ALTERNATIVES AND ANALYSIS On May 23, 1983, staff received a telephone communication from Mr. Phillips. Mr. Phillips explained that he would.be avail- able on July 6, 1983 to discuss the project and justify the need for the use of the Honda ATC 90s during the research. Mr. Phillips also stated that he would senda more detailed letter describing his organization and the project. Staff advised Mr. Phillips that the project is within the Town of Indian':River Shores and that he should contact the Town Manager, Mr. Joseph Dorsky. On June 3, 1983, staff received the additional information from Mr. Phillips. This information is presented as a portion of the attachments. RECOMMENDATION It is recommended that the Board of County Commissioners consider Mr. Phillips' request at their July 6, 1983 meeting. Environmental Planner Art Challacombe stated he had received a letter from Mr. Michael Rose, General Manager of John's Island Property Owners Association,, Inc. and would like to make it a part of the record. Chairman Bird read the letter aloud. a � � JOHN'S ISLAND PROPERTY OWNERS ASSOCIATION, INC. June 16, 1983 Art Challacombe Indian River County Environmental Planner``l1+1gg County Administration Building _ x',�� ` 3 1840 25th Street Vero Beach, Florida 32960 Dear Art: -C This will confirm our conversation of today's date in which we discussed the request of Mr. Ed Phillips to obtain county approval for the use of all -terrain cycles on the John's Island beach in his special study this summer. While our community does not want to appear uncooperative with re- spect to Mr. Phillips' desire to study the effect of our Dura Bag revetment installation on sea turtle nesting habits, we remain un- convinced that the three wheeled motorcycle is necessary in achieving his overall objectives. We therefore suggest that his request be denied. , We are prepared to offer Mr. Phillips reasonable access through John's Island to the subject areas; all he must do is ask. Since we learned of Mr. Phillips' project in the local newspaper and not from him directly, we are not familiar with the scope of his work and the number of researchers involved. Thank you for your usual cooperation in this matter. Sincerely, Michael L. Rose General Manager Mr. Challacombe then introduced Mr. Ed Phillips to the Board. Mr. Phillips gave a brief summary of the volunteer nature of his work with Caretta Research. He explained he had been hired last summer by Dock Masters of Fort Pierce to patrol and relocate marine turtle eggs on John's Island. Dock Masters were installing large plastic bags to help prevent beach erosion, and he realized that a formal study should be made concerning the impact of these bags on the nesting turtles. His reason for asking permission of the Board to use a three -wheel motor vehicle is that there is another bagged area of beach two miles south of John's JUL 6 1993 49 C 53 PAGE �� 53. Island that needs monitoring, and a motor vehicle would make it possible to patrol both stretches of beach without disturbing or alarming residents when gaining access by walking between houses carrying a flashlight. Unfortunately, after asking for permission to patrol the beach with a motor vehicle, he had two bikes stolen, and this year's program will be done on foot. However, he would like to request permission for next year's monitoring project which would begin approximately June 28th and run for 30 days. Mr. Phillips expressed regret that he would not be able to monitor the 500 feet of beach to the south this year, but would try to drive down there and check it out once a week. Commissioner Lyons suggested that the local Audubon Society become involved with this study, or at least be in a situation to advise the Commission. Mr. Phillips assured the Board that the vehicles would not be ridden over the dunes as they would use an access up at the north end of John's Island.. He also assured them that the Hondas are very quiet and would not disturb the property owners on the beach. Mrs. Carolyn Eggert, officer of John's Island Property Association, felt it would be appreciated if Mr. Phillips would contact Mr. Rose and cooperate with him in this matter. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock, that the Board grant permission for the use of the motor vehicles for surveying purposes, provided their activities meet the approval of the local Audubon Society. Mr. Michael Rose, General Manager of John's Island Property Owners Association, addressed the Board and 50 � � i explained there is no beach access suitable for vehicles on John's Island. The one access is on private property and the new owner has spent a great deal of money in closing it up. Mr. Rose pointed out that there is good access in the County park north of John's Island, but not for vehicles. He explained that in a community of limited police force, etc., they cannot patrol the beach properly to keep off motor vehicles. They did not want to open up a can of worms by allowing a vehicle or its tracks to be seen on the beach, and having the kids think it was okay to drive there also. Commissioner Lyons withdrew his Motion, and Commissioner Scurlock withdrew his Second. Commissioner Bowman felt that vehicles seen on the beach would present a real enforcement problem and that the Audubon Society would object to that. Commissioner Lyons felt that Mr. Phillips should meet with Mr. Rose. and the John's Island Property Owners Association to obtain their support and funding of $200-$300 to cover gasoline expense so that both sections of beach might be patrolled next year. Chairman Bird thanked Mr. Phillips for his time and effort spent on the turtle research project. DISCUSSION OF APPLICANTS FOR REPLACEMENT OF DR. FLOOD Dr. Flood,, retiring Director of.the Indian River County Health Department, addressed the Board and introduced Dr. Carl Brombeck, Director of Palm Beach County Health Depart- ment, and Acting Program Director for the Health Program Office of District 9. He explained that Dr. Brombeck, as a representative of HRS, had been very influential in helping us find a suitable person to replace him as County Health Director. He then introduced Cindy Lookabaugh, M.D., M.P.H., who he informed the Board is presently available and has the necessary qualifications. 51 JUL 6 1983 ��c JUL 6 1983 Dr. Brombeck reported that he has spent many hours on the phone both locally and nationally trying to find the very best qualified replacement for Dr. Flood. He felt that Dr. Lookabaugh is very well qualified and available now, which is important, because Dr. Flood is planning on retiring shortly and he didn't want the Health Department to be without a Director. Dr. Flood explained that we do have other applicants, but many that he has reviewed are not qualified, in his opinion, to hold this position. Dr. Brombeck pointed out that Indian River County is in direct competition with many counties in Florida that are presently seeking a Public Health Director, and that qualified people are in short supply. Commissioner Lyons asked how many applicants had a Masters Degree in Public Health and Dr. Brombeck thought Dr. Lookabaugh was the only one who did, and recommended her for the position. Dr. Flood gave a brief summary on each of the new applicants, but stated he did not know the availability of these doctors. Chairman Bird explained that the Board had not yet set a time limit for accepting applications. Dr. Flood explained why he thought a Masters Degree in Public Health was necessary. Chairman Bird invited Dr. Lookabaugh to come before the Board and she gave a capsule summary on her education and background in the field of Public Health. Her education took place mostly in Ohio, before receiving her Masters Degree in Public Health Administration at University of Michigan. After she completed her training in the Midwest, she came to Pinellas County where she was in charge of the Communicable Disease Control Division and in that capacity supervised 32 people. W Commissioner Lyons asked if the salary range was satisfactory to her and she felt it was and that it was in the same range as all the other counties in the state for medical officers. Discussion followed in regard to accepting the recom- mendation of HRS and offering Dr. Lookabaugh the position of Director of Indian River County Public Health Department. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board concur with the recommendation of HRS and offer Dr. Lookabaugh the position of Director of the Indian River County Public Health Dept. In discussion, Dr. Lookabaugh advised the Board that she was committed to an interview the next day in Daytona and would inform the Board of her decision next week. The Chairman CALLED FOR THE QUESTION. The Motion carried unanimously. Chairman Bird thanked Dr. Brombeck for his efforts and cooperation in helping us find a replacement for Dr. Flood. AWARD OF BID - DOUBLE SURFACE TREATMENT PAVING IMPROVEMENTS The Board reviewed the following memo dated 6/23/83: 53 ` JUL 6 1983 ob 53 r -Aa U JILL 6 1993 TO: The Honorable Members of the DATE: June 23, 1983 FILE: Board of County Commissioners through: Michael Wright, County Administrator SUBJECT: Award of Bid - Double Surface Treatment Paving Improvements FROM: Jim Davis, P.E.,; .REFERENCES: Public Works Dig or DESCRIPTION AND CONDITIONS As approved by the Transportation Planning Committee and Board of County Commiss- ioners, the Public Works Dept. 1982/83 Road Improvement Program included the applicatioL of a Double Surface Treatment Wearing Course on 4 County Subdivision feeder roads'and the Oslo Transfer Station Road. This construct.on technique is substantially less expensive than hot mix asphalt, and is a potential candidate for improving many rural roads at a lesser'cost. Bids were publicly advertised and received Juue 20, 1983. Two bidders responded with the low bid of $135,850 being submitted by Dickerson, Inc. of Stuart, Florida. The preliminary estimate prepared by the Engineering Department as reported in the 1983 Road :Program is $143,983. The cost per lineal foot for the base and su-i-face coarse is $10.85. A typical hot mix asphalt road presently is costing $13.30.per lineal toot. The roads to be paned are as follows: 1) 32nd Avenue - 1st St. S.W. to 4th St. ?,ength = 20640 L.F. (1/2 mile) Average Daily Traffic (ADT) = 272 Vehicles Per Day (VPD) 2)_ 1st Street - 50th Ave. to 43rd Ave. Length = 2,640 L.F. ( 1/2 mile) ADT = 474 VPD 3) 14th Streei: S.W. — 27th Ave. to 17th Ave. Length = 30OU L.F. (0.6 'mile) ADT = 400 VPD r� 4) Elaine Street - 126th St. to Gibson St. in Roseland Length = 2640 L.F. (1/2 mile) ADT = 377 VPD 5) Road leading to the Oslo Lift Length = 1600 L.F. ADT = 901 VPD ALTERNATIVES AND ANALYSIS Station. West of Old Dixie Highway Since the low bid submitted by Dickerson, Inc, is below the Engineering estimate, the only alternative presented is to accept the low bid as submitted by Dickerson, Inc. in the amount of $135,850. The bid bond and questionnaire were completed and submitted. the Bid is in order and properly submitted. RECOMMENDATION AND FUNDING It is recommended that D.P.W. Projects 8301, 8302, 8303, 8304, and 8305 be awarded to Dickerson, Inc. in the low bid amount of $135,850. Funding to be from Account #004-214-541-35.39, unencumbered balance as of June 16, 1983 is $406,366.87. 54 Public Works Director Davis explained that the double surface treatment will result in significant savings for this project. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board approve staff recommendation as outlined in the above memo dated 6/23/83. Commissioner Wodtke questioned the budget situation for next year in regard to whether we want to go ahead and expend all these funds this year or whether we want to try to carry more funds forward. Administrator Wright felt that one of the best things we have going in this county is our petition paving program and if the Board is considering cutting the assessment program by 200, he suggested the initiation of an educational program. Commissioner Bowman asked about the disparity in the bids by Dickerson and Pan American and Director Davis explained that Pan American would have to rent some of the equipment necessary to do this project from Dickerson. The Chairman CALLED FOR THE QUESTION. The Motion carried unanimously. w 55 J U L 6 1983 600K 53 mu ��� JUL 6 1983 FA, 4 - '1 L.• • :JCr.n aii'6Z ^� ti $O O� W BID TABULATION 830iS8332, V ,303,8304,8305 June 20, 1983 `ID TITLE IRC Double Surface A r1, �eatment PavingImprovements y ChESCAM10-M UK;7. PRIC2 Mb*i PRX2 e.:,.. Pati:= Construct 6" thick compacted I Soil Cement Base. i-acluding primecoat, sandin and � necessary incidentals. 98050 00 92130 00 Construct Double Surface Treatment Wearing u f c TYPE II 37800 00 60840 00 TOTAL BASE BID k35850 00 52970 00 TRACKING STATION PARK - DIV. I. - SUBSTITUTION OF CASH BOND FOR STATUTORY SURETY BOND The Board reviewed the following memo dated 6/28/83: TO: The Honorable Members of the DATE: June 28, 1983 PILE. Board of County Commissioners THROUGH: Michael Wright, County Administrator FROM: James W. Davis, P.E.;, . Public Works Director •� s 2 r 2 o; 1! 1 L0%,u r SUBJECT: Indian River County Tracking Station Park - Division I - Restroom Facilities and Necessary Site Work - Substitution of Cash Band for Statutory Surety Bone] REFERENCES: Christopher J. Pau].1, Assistaj,l: County Attorney to James Davis dated June 27, 1983 On June 1, 1983, during the regular schedu?ed meeting of the Board of County Camlissioners, the bid for the construction of Division I - Improve =t -s -to the Tracking Station Park -eras awarded to J.B. Walker Construction, Inc:., :in the amount of :$106,533. At this time, the Contractor is requesting si-thsLi.tution of a Cash Bond in lieu of a Surety Bond to cover the performance of the (. itractt 56 � � r M ALTMMT= AND ANALYSIS In commmmucations with the County Attorney's Office, the County mcgy elect to accept the Cash Bond (in the, form of a Certificate of Deposit) if the following conditions are :met: 1) The Contract amount must be $100,000 or less, as mandate.'i.by Vozjda Statutes 2) The County should assure that a portion of the Bond remain acicive through the one (1) year warranty period. The Public Works Division 4l;aff recommtends holding 10% of the Contract amount during the one (1.) year warranty period. 3) The Public Works Division should provide close administrata'_ori of 'rhe Contract. This will -be performed by a full time resident insjr_--.:.,-Or on the job. Also, the County will be assured that all mmiaterja.? .�z�ppliers and suu=ntractors are paid prion 'w the payment 'thF �'ontrartc,�r'ti c a work performed. 4) Amending the Contract Documents to allow for the Cash Bond. 5) The County adopt a Resolution authorizing the Cash Bond. Ir, analyzing the above request, the Public Works Division has no objection to the Cash Bond substitution. The Contractor is incurring equal, if nu(,-- greater, cost by posting the Cash Bond as opposed to a Surety Bond, and the county is protected from default. In conversations with the Florida D.N.R., the Grants coordinator has no problem with the substitution. To reduce the amount of the Contract to less than $100,000, one picnic shelter will be deleted fran the Contract. The County can have this shelter built under a separate contract or "in-house". The alternative to the substitution would be to require the Surety Bond (whereby the project would be delayed), the bidder may possibly not be able to secure the bond and would have to default, and the project w wld tave to be rebid. Based on the Contractors past reputation (successful completion of South Beach Park, the Turtle Trail and Seagrape Trail crossovers, etc.), the Staff feels comfortable in allowing the substitution. The Public Works Division Staff recommends: 1) That the Board of county commissioners allow the substitution of a Cash Bond in lieu of a Surety Bond. 2) That the Contract be amended to delete one (1) picnic shelter (item 7 - bid price $6,800), thereby reducing the contract amount to $99,733. Also, wording shall be included in the Contract Agreement to allow substitution of a Cash Bond, and the Cash Bond form prepared by the County Attorney's office be made a part of the Contract Documents. 3) The County requires that 10a of the Cash Bond be held by the county during the one (1) year warranty period. 4) Adopt the attached resolution to waive the Surety Bond in lieu of acceptance of the Cash Bond There are no additional funding considerations applicable. JUL 57 1983 Mox 53 ?ACE 1237 I\ JUL 6 1993��;� Public Works Director Davis explained that the contractor that was awarded the the bid for the construction of Division I — Improvements to the Tracking Station Park - was requesting the substitution of a Cash Bond in lieu of a Surety Bond to cover the performance of the Contract. The reasoning of the contractor, J. B. Walker Construction, Inc., is that his company did not have a good 1982, but that it remains a good.company and is still solvent. Director Davis explained that the contractor is just requesting at this time to submit a Cash Bond in lieu of a Surety Bond to cover the performance of the Contract. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved the staff.recom- mendations as outlined in the memo to the Board dated 6/28/83, which has 4 conditions, and adopted Resolution 83-50 authorizing a cash bond. Director Davis reported that things are coming along very nicely at the Tracking Station Park and invited the Commissioners to stop by and take a look. RESOLUTION NO. 83- 50 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING CASH BOND IN LIEU OF FLORIDA STATUTES §255.05 PUBLIC WORKS PERFORMANCE AND PAYMENT BOND. WHEREAS, the County is presently letting a contract for the Division I work on the Tracking Station Park Recreational Improvements, which contract documents require the posting of a performance and payment bond in accordance with Florida Statutes §255.05; and WHEREAS, the cited statute permits the County Commission to exempt a contractor from the statutory bond requirement for any job which has a contract price not exceeding ONE HUNDRED THOUSAND DOLLARS ($100,000.00); and WHEREAS, J. B. Walker Construction, Inc. is the only bidder on the Division I work, has placed a bid for less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00), and has requested permission to provide a cash bond to the County in lieu of the .statutory surety bond; and WHEREAS, the Board finds that the cash bond agreement as attached hereto is an acceptable security form under the circumstances of this particular job. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the aforementioned contractor is hereby exempted from the statutory performance and payment bond requirements of 5255.05, Florida Statutes, and that the County approves in lieu thereof the attached cash bond arrangement. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Lyons and upon being g 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 Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly -1- L1983600K 53 mu 919 JUL 6 1983 passed and adopted this 6th day of Attest: FREDA VaRIGHT, Cl rk APPROVE TO FORM AND L SUFFjrCIENC By e!, CHRISTOR PAULL Assist nt County Attorney 53X940 July , 1983 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA n By � f RIC ARD N. BIRD Chairman The Board thereupon recessed at 12:00 Noon for lunch and reconvened at 1:30 P.M. with the same members present. PRESENTATION RE SITE SELECTION FOR CRIMINAL JUSTICE FACILITY Tom Pinkerton of Frizzell Architects made a presentation in regard to their analysis and recommendation re a site for the Criminal Justice Facility, which was done in reaction to instructions at the Board meeting of May 18th. He noted that site proposals were to be submitted to Public Works Director Davis and then analyzed by him and the architects. Mr. Davis received eight proposals, and they have evaluated and ranked each of the sites. Mr. Pinkerton reported that in this evaluation they employed National Institute of Corrections site selection criteria evaluation standards, which are based on seven categories - physical characteristics, valuation, proximity, accessibility, services, impact on surrounding environment, and construction considerations, and given points accordingly. Mr. Pinkerton continued that all sites are clustered in a 5 mile area, and most of the sites are quite similar and within an acceptable range in the criteria of physical characteristics. The greatest disparity comes under the category of valuation, impact on surrounding environment, and service facilities. (Complete analysis is on file in the Office of the Clerk.) Mr. Pinkerton then reviewed the various sites, noting that their final recommendation is for Site 7, adjacent to the Airport. Major access would be off South Gifford Road, with secondary access possible from 43rd Avenue. This site offers sufficient area for the complete complex as well as allowing for expansion. Public Works Director Davis informed the Board that it seems there was a misunderstanding about the purchase price of Site 7 - it should have been $7,000 per acre, not $6,000. 61 1 500K 53 RGE 941 AL 6 1983(OOK Billy Graves, owner of the site in question, confirmed that this was misquoted over the telephone, and the price is $7,000 an acre. Commissioner Lyons informed the Board that the Facilities Committee, concurred in the choice of Site 7; they also asked that the County Administrator be given permission to go to the City of Vero Beach and/or the Federal Aeronautics Administration (FAA), and find out if can we lease or buy 5-10 acres of the Airport property. The Committee would prefer 10 acres to assure they were going to be comfortable on this piece of land for long time. It was also felt that at the same time, investigation should be made to see whether some sort of a deal could be made for that much of the adjacent property to the east in case we have a problem with the Airport property. Chairman Bird asked who owns the property immediately to the east of Site 7, and Mr. Davis stated that it is owned by Marshall Barnes and he did not express a desire to sell. Commissioner Wodtke wished to know if the changed price of $7,000 per acre would cause any change in the ranking of the properties. Mr. Pinkerton pointed out that since there is over an 8 point spread between the first choice and second place, it would not cause any change. Discussion followed as to an appropriate Motion, and Commissioner Lyons stated that he agreed with the recommen- dation of Site #7, assuming we can obtain an additional 5-10 acres under a reasonable arrangement and that the water and sewer prices aren't going to be too high. He noted that we aren't too far away from North Gifford Road for sewer. Mr. Davis discussed the size necessary for fire flow, but felt due to the close proximity of County and City services, both would be able to provide services. Commissioner Lyons brought up the requirement that the Jail must be in the County seat and believed it would be much more clear cut if we had a piece of property adjacent to the City line so that we would request annexation and eliminate any question about the facility being in the County seat.. He continued that the Public Safety Committee was somewhat uncomfortable with going as far north as Winter Beach Road and felt a location such as this would be greatly preferable. Mr. Pinkerton agreed that would be one more plus for this particular site, and explained they did not address this because it is a complicated legal issue. Discussion continued re accepting Site #7, and Chairman Bird asked if the Commission would be any more comfortable about making this decision at a public hearing at the next meeting. Commissioner Scurlock stated that he did not want to go through a public hearing until we are sure this site will work out as to utilities, etc. Commissioner Wodtke noted that every other site would have required a package plant on site. Mr. Pinkerton recommended that the Board set time frames in order to keep out of trouble with the Department of Corrections. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, to accept Site #7 as our choice for a Criminal Justice Facility contingent on working out within 30 days proper utility arrangements and acquiring an additional 10 acres either east or south of said site. Commissioner Lyons wished it stated in the record that we presently have a jail located in the middle of a JUL 6 1983 63 . K 53 PACE.943 JUL 6 1983 add a 944_ residential neighborhood - in fact, in the middle of a school neighborhood - and this can't be anything but an improvement. He further reported that Sheriff Dobeck has no objections to the proposed site. It was noted that we will not purchase the land until we have a public hearing in any event. Administrator Wright emphasized that it would be wise to get something from Mr. Graves in writing regarding a possible option on his property at $7,000 per acre, and Mr. Graves formally confirmed that for thirty days, the $7,000 per acre price will stand. Mr. Graves, Jr., agreed that they would like to have something in writing. COMMISSIONER SCURLOCK AND COMMISSIONER LYONS agreed to add to their Motion that staff be authorized to prepare a document regarding an option on the Graves property for 30 days. THE CHAIRMAN CALLED FOR THE QUESTION, including the above addition. It was voted on and carried unanimously. Mr. Pinkerton thanked everyone for their cooperation and also wanted to point out the need to move on a continuing schedule. He felt it is necessary to budget for the architectural design, but knew this cannot be done until the site is nailed down. Mr. Pinkerton recommended that the Board allow the architects to work with staff in setting up a schedule or chart with target dates and emphasized that it is important to educate the public before the bond election. Commissioner Scurlock asked if the design costs are recoverable if the referendum goes favorably. �J Attorney Brandenburg stated that we could word the referendum so that this would be part of the project cost; if the referendum carried. The Board agreed there must be a time schedule. ADDITIONAL GAINTIME FOR COUNTY JAIL PRISONERS The Board reviewed the following letter from the Jail Administrator: �fjerEf[ P. O. BOX 608 PHONE 562-7911 R.T."TIM" DOBECK - INDIAN RIVER COUINITY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO BEACH, FLORIDA 32960 June 29, 1983 Mr. Pat Lyons Indian River County Commissioner 1840 25th Street Nero Beach, F1. 32960 Dear Commissioner Lyons: I understand in talking with Gary Brandenburg, County Attorney, that a more formal request should be forwarded to you in re- gards to a new policy for gain time for county prisoners. On behalf of Sheriff Tim Dobeck we -would like for the County to ammend the policy allowing the Sheriff's Department to utilize the max- imum benefits of county prisoner work programs as provided for in F.S.S. 951.21 (1)(3) and the applicable Florida Administrative Code Rules 33-11.13.085 and .09. Thank you for your work and your concern. 11 Si,eely,r Capt. William Baird Jail Administrator Attorney Brandenburg noted that a year or so ago the County adopted Resolution 82-107 allowing gaintime for prisoners who acted as trustees or worked on the County work crew. Because of the continuing overcrowded conditions at the County jail and also the fact that the work program 0 seems to be proceeding according to plan, the Sheriff's Department has recommended the County up the gaintime JUL 6 19 3 6 5 ,.690K , 53 PAGE ! + II JUL 6 1983 - according to formulas laid out in the proposed Resolution. Sheriff Dobeck felt the Resolution pretty well speaks for itself. He emphasized that something must be done about the conditions at the jail as they presently have 106 prisoners where they are only supposed to have 58. Commissioner Scurlock emphasized that one point he wishes to be very conscientious about is releasing any prisoners onto the street. He did not want to lessen the responsibility of paying for a crime, but felt we are operating under some constraints that do not leave us much option. Commissioner Lyons believed this solution straddles the question of both punishment and rehabilitation. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to adopt Resolution 83-48 increasing gaintime for county prisoners. Commissioner Wodtke asked if this will allow the prisoners to do more work then they are doing presently. Capt. Baird explained that they will not really be doing more work; they are only allowed*to be worked so many hours per week with specified break times. Sheriff Dobeck reported that since starting this program, the utilization of prisoner work programs has resulted in substantial savings to the County. He agreed the additional gaintime is not doing anything for the County as far as allowing them to do additional work. This will just get them out of the prison system more quickly. Commissioner Wodtke questioned some of the various gaintimes allowed, and Attorney Brandenburg noted that the language he specifically referred to is statutory gaintime, which is required and has been the procedure all along. This would be in addition to the statutory gaintime and it is also rated based on the quality of work the prisoners do, as well as various other factors. Attorney Brandenburg informed the Board that on the last page after the words "may be forfeited," the words "under the same procedure as set forth in VI lb)" should be added. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. It was noted that this Resolution will be effective as of today, and it is not retroactive. Resolution 83-48 will be made a part of the Minutes when received. COST OF APPRAISALS OF BEACHFRONT PURCHASES Attorney Brandenburg reviewed his memo, as follows: TO: Board of County Commissioners DATE: June 16, 1983 FILE: Indian River County li FROM: M.' Brands 4' Co ty Attox y SUBJECT: Costs of Appraisals of Oceanfront Beach Purchases REFERENCES: Pursuant to your request I have checked with both of our appraisers to determine what price reductions would be available to the County in the event it was determined that full-blown MAI write-ups are not necessary. Mr. Armfield's price of $4,500 for the two appraisals would be reduced by $675. Mr. Wagner's price of $6,000 for the two appraisals would be reduced by a total of $1,500 to $4,500. Should you decide to delete the full write-ups it would result in a savings to the County of $2,175. Please advise. L_ ALL -6 1983 Respectfusubmitted, ary M Brandenburg unty Attorney 67 Dal 53 PAB69'1'7 J ft r ` VVV / •en , 48' The Attorney stated that it is discretionary with the Commission as to whether they wish to spend the extra money for the complete formal appraisal or not. Commissioner Wodtke believed some counties have gotten in trouble by not having a complete appraisal. Commissioner Scurlock suggested possibly just getting the complete appraisal on one of the properties-. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to complete the appraisals. Administrator Wright agreed that with a full-blown appraisal, there would be no question. Commissioner Wodtke felt at some time we might need to have complete appraisals if the State wants to see them, and the Board agreed that for the small amount that would be saved, it would not be worth the problems that might ensue. Attorney Brandenburg announced that we have closed on the Stanny property and now own it; we also have closed on the Erdo tract. Golden Sands is scheduled for Friday, and the only thing we are waiting on in the Bell Road property is a translation of their charter, which is in a foreign language. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. LEASE OF FELLSMERE COMMUNITY CENTER The Board reviewed letter from the Attorney for the City of Feilsmere, as follows: DANIEL NA. KILBRIDE.JR. June 17, 1983 REPLY TO: Vero Beach .. i Gary M. Brandenburg,Esq. County .Attorney 1840 25th Street Vero Beach, Floriea 32960 �qi�"��i►� P.Q_,'80X 2427 !� 4 2060JAth AVENUE 11r 1�EI q ACH, FLORIDA L v 32960 1305! 562.8710 P. O. BOX 2096 220 SOUTH U.S. NO. 1 SEBASTIAN, FLORIDA 32958 3051 589-4391 Re: Lease of. Fellsmere Community Center Dear Gary: 11 I am pleased to inform you that the Mayor and City Council of the'City of Fellsmere have con- sidered and approved the proposed lease which you provided to me sometime ago.. However, the Council does request that the lease contain one additional clause. They request that the lease contain an option to renew on the same terms and rent as this lease, Members of the Council believe that the Commission would have no objection to this request. For your consideration, I have prepared and enclose a new page 4 which contains the option and a sketch of the community building and garage which indicates which rooms are reserved for the Ambulance Squad and which remains for the use of the City. If this lease is agreeable with you and the Commission, we can arrange'to have it executed at your convenience. Thank you for your continued cooperation in this matter. Best regards, Daniel M. Kilbride, Jr. City Attorney City of Fellsmere Attorney Brandenburg noted that there was a dispute of ownership and to resolve it, we agreed to enter into a lease, which the City of Fellsmere has now reviewed and returned. One of the provisions was that some room was to be specified for the ambulance, should an ambulance squad be set up there in the future. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the Lease Agreement with the City of Fellsmere. 69 BOOK 53 ?a 949 JUL 1:3 � J JUL 61983 l' LEASE AGREEMENT THIS LEASE AGREEMENT made this6th day of July, 1983, by and between Indian River County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of Fellsmere, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City". RECITALS WHEREAS, Indian River County on November 2, 1944, adopted a resolution dedicating for public use and purpose certain lands described in Exhibit "A" attached hereto, and WHEREAS, said resolution was never recorded in the Official Record Books of Indian River County and there was never a formal conveyance of the property by a recorded legal instrument, and WHEREAS, the City, however, took possession of the property and has held the property for municipal purposes for many years, and WHEREAS, both parties are now in doubt as to the legal affect of the 1944 resolution and wish to settle forever the status of the property in a manner that is consistent with both governmental agencies' goals and objectives. NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter contained both parties agree as follows; 1. The parties agree that Indian River County owns fee simple title of the property described in Exhibit "A" attached hereto and that by the execution of this agreement the parties hereto acknowledge and agree that the resolution dated November 2, 1944, copy of which is attached hereto, is null and void and has no legal affect whatsoever. 2. Indian River County ratifies and confirms the City's right to use the property from November 2, 1944, to date and the City acknowledges full responsibility for all liability associated with the use of the property by the City or those using the property with the City's permission to date. 3. For consideration of the sum of ONE DOLLAR ($1.00) per year payable in advance, the receipt of which is hereby acknowledged, the County does hereby lease the described premises to the City for a term of fifty (50) years subject to the conditions of this lease. 4. The City shall use the premises for public purposes at all times and should the facility ever be used for any non-public purpose this lease shall automatically terminate and the City shall vacate the premises immediately. 5. The City shall have the right to sub -lease the premises provided said sub -leases are consistent with this lease. 6. Should the City ever make such use of the facility that involves the imposition of user fees, then such fees shall be uniform and non-discriminatory and non -City residents shall not be required to pay a higher fee than City residents. 7. The City shall make available and sub -let the portion of the facility described as; SEE EXHIBIT "B" to any not-for-profit organization hereafter established or existing today upon request, for the purpose of providing space utilized in connection with providing ambulance service to the general area, provided, however, that such ambulance service shall be required to pay its fair share of utility cost and shall be required to save and hold the City harmless from any liability caused by the service's presence at the site. 8. The City shall have the right to construct additions or to cause the structures on the site to be renovated as it sees fit to promote the public purpose to which the site is dedicated. Any and all improvements shall become the property of the County upon termination of this lease. 9. All personal property placed or moved on to the leased premises by the City shall be at the risk of the City and County shall not be liable for any damage to any such property no matter what the cause. The City agrees to hold the County harmless and defend the County from any and all claims, damages, JUL 6 198 JUL 1983 causes of action or liability of any type whatsoever caused by the City's presence on the site or caused by anyone using the site with actual or implied permission of the City or incurred by anyone visiting the site. 10. In the event that the City abandons the premises or uses the premises in a manner inconsistent with this lease then the County may terminate this lease upon sixty (60) days written notice delivered to the City Council. 11. The City shall comply with all applicable state, federal and local laws and rules and regulations when applicable to activities or uses conducted on site. 12. The City shall maintain the building and grounds according to generally accepted good practices and shall comply with all applicable health and safety laws, ordinances and codes. 13. The City shall arrange for and be responsible for all utilities used on the premises. 14. The City agrees to maintain public liability insurance in amounts not less than the City customarily carries throughout the City with respect to injuries to persons and properties, rights in or about the demised premises for the property described in Exhibit "A" for the benefit of the County and City and furnish to County copies of certificates of such insurance. The City shall maintain fire and extended coverage insurance covering the entire site and structures insuring against direct physical loss and bodily injury and property damage in a comprehensive public liability insurance form. In the event that the structures upon the property are destroyed by fire or other cause, the entire insurance proceeds available to the City shall be used for reconstruction of facilities that will be used for public purposes. The exact nature of the structure to be reconstructed with such proceeds shall be agreed upon by the City and the County. 15. It is further agreed that County's failure to strictly enforce any of the terms or provisions hereof shall not be deemed to be a waiver as to any subsequent breach of any covenant, term agreement or condition contained herein. - _3 - 16. Lessor grants Lessee an option to renew this lease for a perod of fifty (50) years after the expiration of its original term, on the same terms and rent as this Lease. Lessee shall give Lessor written notice of its intention to renew at least six (6) months prior to the expiration of this lease. 17. At the end of the term of this lease the City shall quietly and peaceably deliver up the said premises to the County in good repair and condition. The City agrees that pursuant to this lease the County may use the site and structure to conduct public meetings and hearings and to hold other public functions at times that are reasonably convenient to the City. The City shall not unreasonably withhold permission from the County for utilization of the structure by the County for public purposes provided, however, should the County make any such use of the facility, the County shall be required to pay its fair share of utilities and other direct costs. 18. It is agreed that the County as landlord shall not provide any services with respect to the buildings and property whatsoever. This document represents the entire agreement between the parties and may only be modified subsequently by written agreement between the same parties. This document shall be recorded in the Official Record Books of Indian River County. IN WITNESS WHEREOF, the parties have set their hands and seals this 6th day of July, 1983. it s Witn s Witness %Witness BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Grr RICHARD N. BIRD{ Chairman Attest:N,��,, ' FREDA WRIGHT, C rk '11Y OF FELLSMERE ALVIN THOMAS, Mayor { ~� Attest:. oli(,ntl_ � �t�. ra- ) Clerk UL 19° EXHIBIT "A" Lots 24, 25 and 26, in Block 98, Town (now City) of Fellsmere, Florida, according to recorded plat thereof, for municipal recreation center and public park. EXHIBIT "B-1" i i Q 00 EXHIBIT "B-2" y Q 4 J U L 198 APPROVAL OF ADDENDUM AGREEMENT WITH DR. FRAZIER Attorney Brandenburg commented that Dr. Frazier indicated that his workload as Director for the Emergency Medical Service System did not justify his salary, and he would, therefore, prefer to continue on a non -paid basis until the workload increases as set out in the Addendum. O'N MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved Addendum No. 1 to Agreement for Con- sulting Services with Dr. Frazier. ADDENDUM NO. 1 TO AGREEMENT FOR CONSULTING SERVICES WHEREAS, INDIAN RIVER COUNTY and DR. FRAZIER entered into an agreement for consulting service on the 19th day of January, 1983, and WHEREAS, because of the intensity of the current workload it is now necessary to enter into this addendum and modify the relationship of the parties. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 2 of the January 19, 1983, agreement between INDIAN RIVER COUNTY and WILLIAM H. FRAZIER is hereby amended to read as follows; From December 1, 1982, to May 20, 1983, the Doctor shall be compensated at the rate of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) a.month.. Thereafter, the Doctor shall fulfill his obligations under this contract on a non -paid basis until the workload increases in volume and intensity and the parties agree further compensation is warranted. 2. All other provisions of the January 19, 1983, agreement shall remain in full force and effect. WHEREFORE, the parties hereto have set their hands and seals on the dates set forth next to their signatures. Date July 6, 1983 Date APPROVED,AA5 TO AND LE UF,P (/M. BRANDENB ty Attorney_ BOARD OF COUNTY COMMISSIONERS OFINDIAN RIVER COUNTY, F A By�/�' RIC ARD N. BIRD, Chairman Attest: -je FREDA WRIGHT, Clerk ! WILLIAM H. FRAZIER, J U L 6 1923 f Pyr JUL 6 1983 RESOLUTION RE LOCAL GOVERNMENT LIABILITY Attorney Brandenburg noted that the Board previously authorized his writing such a Resolution, and he has checked with the office of Representative Tom Lewis, where they indicated that this is still timely. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 83-49 supporting Senate Bill 141. _ 72 RESOLUTION NO. 83--49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, URGING THE UNITED STATES CONGRESS TO PASS SENATE BILL 141 AMENDING 42 USC 1983 AND 1988. WHEREAS, prior to 1978 all municipalities and counties in the United States were immune from liability under 42 USC 1983 and 1988, and WHEREAS, subsequent to 1978 all municipalities and counties in the United States became strictly liable for damages under these sections regardless of whether the constitutional rights allegedly violated were clearly established at the time of the alleged violation, and WHEREAS, the current status of the law does not allow a county or municipality to raise a "good faith" defense in cases alleging a violation of an individual's constitutional rights, and WHEREAS, many cases tried under these sections have resulted in damage awards against municipalities and counties in situations where the municipal officers or county officers involved had no way of knowing at the time of the alleged viola- tion that their conduct was in violation of law and in effect punishes municipal taxpayers and officials for behavior which they had no way of determining was wrong at the time, and WHEREAS, damage awards in such lawsuits represent a serious threat and significant burden to local governments throughout the United States. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The United States Congress is urged to enact Senate Bill 141 amending 42 USC Sections 1983 and 1988 to limit damage awards against municipalities and counties to only those situ- ations where the municipal officers involved violate clearly established constitutional rights and further to limit the award of attorney's fees and costs recoverable in actions brought under Sections 42 USC 1983 and 1988, and JUL U 1983- 2. The Board of County Commissioners urges the JUL 6J3 y representatives from the State of Florida to use their best efforts in urging the passage of this important law. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Lyons 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 Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th Attest: FREDA WRIGHT, Cle k L/ APPROVED AS TO FORM / AND LEGArL-' SUFF-TC�I�TP�t By 11 . "JAIr' 14 LJ ty Attorn day of July , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B 'c' Y RICHARD N. BIRD Chairman RADIO EQUIPMENT FOR AMBULANCE SQUAD Commissioner Lyons reviewed the following memo: I TO: Board of County DATE: June 22, 1983 FILE:* Commissioners SUBJECT: FROM: Pa'KB• Lyons REFERENCES: a s.ic Attached is a letter dated June 14th from Victor Foster, Chief, Indian River County.Ambulance Squad requesting funding in the amount of $7,248 for additional radio equipment for the ambulances located in Vero Beach. The matter of communication between the ambulances, Fire Department and the police when the ambulances are on a run, has been the subject of some discussion at the meetings of: the Communications Sub -committee of the E.M.S. Council. This capability exists for all of the other emergency ambulance units in the County except for Vero Beach. This communication is helpful in routing the ambulance to hard to find locations and is also very important in cutting down on unnecessary dual responses by the South County Fire District when it is obvious in the field that their services will not be required. I would suggest that this request be funded from our reserve for contingency account. Commissioner Scjrlock felt it is ironic that the City of Vero Beach has n4 chosen to work with the Ambulance Squad any more and i asking us to pick up the burden they are dropping. He stated that he, however, supports this request even though J.he City does not seem to want to participate in somet�ing that is a direct benefit to them. Commissioner Wo#ke asked if these ambulances will be able to communicate *ith the Vero Beach Police, and Commissioner Lyons sated that they will and also with the South County Fire Department and the Sheriff. Commissioner Scurlock asked if it might not be better if this funding camelfrom the Fire District rather than the General Fund; he believed this is obviously a benefit to the South County as oppo:3ed to the North County. I JUL 6 1983 1 74 JUL 6 WSJ 53 ` Commissioner Wodtke asked why this has to be approved now rather than at budget sessions, and Commissioner Lyons noted that we know the problem exists and he believed now is better than later. Chairman Bird also felt possibly we should talk about this at the next South County Fire District meeting. Victor Foster, Chief of the Indian River County Volunteer Ambulance Squad, made the point that all of the radio communication system they have is owned by the County and the County is paying the insurance, etc.. He further noted that all the ambulances now belong to the Indian River County Ambulance Squad and they now are covering the entire county, not just Vero Beach. Their plan is to equip every one of the ambulances. Commissioner Lyons felt that the Sebastian ambulances already are equipped with radios, but Chief Foster explained that they can only talk to one entity.. This would put another radio in every ambulance - a different type radio. Administrator Wright asked if these are state contract prices, and Chief Foster stated they are not on contract. The Administrator felt since this is over $5,000, it will have to be bid. Commissioner Scurlock concurred that it will have to be advertised and bid, which will take about a month. He stated that he would like to approve this purchase contingent on bidding it out. Administrator Wright suggested that staff be authorized to bid this item and then come back to -the Board, at which time budget sessions will be over. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock, to authorize staff to proceed with the pre- liminary steps involved with procuring the radio equipment for the Ambulance Squad as requested. Additional discussion followed in regard to putting this matter on the agenda of the next South County Fire Advisory Board meeting. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. REPORT ON SEAGRASS PRESERVATION COMMITTEE Commissioner Lyons informed the Board that the Seagrass Preservation and Restoration Committee had their organiza- tional meeting. He reported that this committee is made of people with a great deal of expertise in this area as set out in the following memo: SEA GRASS PRESERVATION AND RESTORATION COMMITTEE RAY FERNALD, Chairman Biologist Supervisor with Florida Game & Fresh Water Fish Commission in the office of Environmental Services in Vero Beach. This office is responsible for reviewing environmental impact statements, dredge and fill applications from the Corps of Engineers and DER, etc. They are a reviewing agency and make recommenda- tions on the wetlands or submerged grass beds on development impacts to various permitting agencies. By. training he is. a Wildlife Ecologist and his experience with grass beds has been professional via getting involved in the permitti, process over the last 5a years. He is President of the Audubon Society, and a sport fisherman. He deals with grass bed ecology professionally on a day to day basis. GEORGE BORDEN President of Vero Beach Angler's Club. He has been asked to Chair a Committee to investigate establishing an auxiliary patrol. JACK JACKSON Owner/operator of Vero Tackle and Sports Shop. He is a sport fisherman. He has a B.S. degree in Analytical Chemistry and a Master's degree in Plant Protection and Herbicides Application investigation. RICHARD THOMAS B. S. degree in Mathematics, Masters degree in Biological Science, Marine Ecology, Environmental Science. He has a Specialists degree in Environmental Science and is currently working on his PhD in Marine Biology. He represents the commercial fishermen, and the State of Florida. L J U L 6 1983 76 JUL 6 1933 WALTER EAGER Has worked for Metropolitan Life for 40 years and has been a sports fisherman the major part of his life. He has served on the Fisheries Commission in New York State, involved in re -populating Lake Ontario with salmon and large. trout. He has lived in Florida for 5 years. BOB VIRNSTEIN Professional Biologist with Harbor Branch Foundation, and a Benthic Ecologist (study of animals associated with the bottom). His training and research at Harbor Branch Foundation has been on animals associated with the bottom, either living in the bottom or on the bottom, both in sandy bottoms and in sea grasses. DR. CHARLES LANE Professional Biologist for 35 years. Has served on various University faculties, ending up at University of Miami as a Professor of Marine Biology. He has worked, taught and done research on various problems relating to marine environment and the animals that live there for the past 25 years. He has lived in Vero Beach for 10 years. ALLEN EDWARDS Is an avid sports fisherman. JOHN THOMAS He is a 3rd generation Commercial Fisherman, and a life-long resident of Indian River County. JOE CARROLL Field Supervisor with Fish and Wildlife Service. Biologist for approximately 20 years. His territory is from St. Augustine to Key West. Commissioner Lyons continued that this committee is doling out some assignments and is being supported by our staff, and he plans to look in on them from time to time. PROPERTY APPRAISAL ADJUSTMENT BOARD Chairman Bird announced that the time has come to set up the Property Appraisal Adjustment Board, which consists of three Commissioners and two members from the School Board. After some discussion, the following Commissioners volunteered their services - Commissioner Bowman, Commissioner Scurlock, and Chairman Bird. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously elected Commissioners Bowman and Scurlock and Chairman Bird to serve as members of the Property Appraisal Adjustment Board for 1983. Chairman Bird noted that we need to request the School Board to inform us of which members of the School Board will serve, and we should set up a meeting prior to July 15th. He suggested Wednesday, July 13th, at 9:00A.M. with Thursday, July 14th, at 9:00 A.M. as an alternate date. REPORT ON COMMUNITY MENTAL HEALTH CENTER MEETING Commissioner Wodtke informed the Commission of the meeting of the four -County representatives regarding the Community Mental Health Center, at which they had requested the attendance of both the District Attorney's office and a representative of the District Board with the hopes of having some worthwhile discussion on the proposals by the four county representatives in regard to the District Plan. The District Attorney's representative was very cooperative, but the representative from the Mental Health District came with a tape recorder and stated that he was there only to observe, not to participate, which was very frustrating. Commissioner Wodtke continued that they now have a copy of the HRS comments on the District Plan, but the concern is that HRS says they need to address these and comeback by December. The basic plan is for four years - 1983-1987 - and if this is not addressed until December, it will be another year before they make any change in the allocation. Martin County took a position not to approve the plan; St. Lucie County delayed any action for a 3 week period and requested the Director of the Mental Health Board to reply to their recommendations; and Commissioner Wodtke felt we need to do something, possibly in regard to our funding, to tell HRS that we want them to address the priority goals. He noted that no further Planning and Evaluation Committee meetings were scheduled, and it basically appears they are waiting to see if the Legislature will disband the Mental Health District Boards. 8 JUL 6 1983 JUL 1983 ear REPORT - HUTCHINSON ISLAND STUDY COMMITTEE Commission::r Bowman noted that the final report of the Ad Hoc Committe,:: dated July 6, 1983, was just distributed, and this is what evolved after going through three meetings. On another paper dated 6/29/83 are listed the policies not i spelled out in our Comprehensive Plan but which are included in the latest Hutchinson Island Report. Draft of said report is on file in the Office of the Clerk. The list of policies not included in our Comprehensive Plan in report dated 6/29/83 is as follows: 6/29/83 The following policies are not spelled out in the IRC CLUP, but are included in the latest (June 10th) draft of the HIRMP. BeachLDune Stabilization To protect dunes and beaches from erosion, stabilization and restoration shall be undertaken through implementation of long-term management plans that utilize natural coastal dynamics. Any plan should incorporate, at a minimum, the following guidelines: (a) Restricting development and access along the beach/dune system to prevent damage to the system's vegetation and to promote rebuilding of the dune by wind and water. To this end, consideration should be given -to establishing a "dune preservation zone" landward of the Coastal Construction Control Line (CCCL). Each County shall set up its own Is Dune Preservation Zone (DPZ) which shall be feet landward from the CCCL or the dune bluff line, whichever is less. (b) Establishing a "Coastal Preservation Zone" extending from the mean high water line to the coastal construction line wherein no activities other than shore protection .and beach restoration shall be permitted. (c)► Not permitting any new construction that would threaten the stability of the primary dune or the beach itself. (e) Not permitting structural measures for erosion prevention, such as jetties or groins, or other hardening of the shore, except when used as part of a comprehensive plan for beach restoration, and when non-structural alternatives are not feasible. (f) Prohibiting motorized vehicles from operation on the beach/ primary dunes except in emergencies. (g) Requiring those who benefit from shoreline stabilization efforts, including re-establishing dune systems, to provide the necessary funding. (h) Requiring that dune system restoration, where needed, be included in beach renourishment projects. Sea Turtle Protection Beachfront development (e.g. lighting designs) and beach renourishment activities shall be undertaken in a prudent manner which facilitates turtle nesting, hatching, and return to the sea. Commissioner Scurlock asked if Commissioner Bowman is saying that this document is consistent with our plan with these exceptions, and Commissioner Bowman confirmed that it all mainly relates to a Dune Preservation Zone and Coastal Preservation Zone. She did not believe there is anything in this report that would upset the Commission. Commissioner Bowman noted that.in their July 5th report they wanted to get something to the Board in time for this meeting, but in that memo it should read "receive not more than one residential density credit for 10 acres." Discussion followed as to the fact that Martin County's present policy does not allow any transfer of density credits from environmentally sensitive lands; St. Lucie County allows a 100% transfer; and our policy allows a transfer of one unit per acre. JUL 6 1983 80 Bax 53 P JUL 6 1983 OflX ' PO Commissioner Wodtke pointed out that there is a great deal of difference between the environmentally sensitive lands and the upland to which you can transfer in the three counties; the width of the Barrier Island varies considerably; the amount of mangrove; etc., and he believed it is difficult to adopt a density transfer policy that will be equitable within the three counties because of this. Commissioner -Bowman noted that setting a policy of one transfer credit for ten acres would allow Martin County to have their zero transfer. She stated that her Ad Hoc Committee is through - this is their final report and it has been circulated to the complete Hutchinson Island Resource Management Planning Committee. This report is actually a rewrite of the original by Indian River County representa- tives. Commissioner Scurlock felt the critical part is the possible modifications we would have to make to our plan; and therefore, all we actually have to do is address the exception sheet dated 6/29. He suggested that the Board members be given time to study this and then vote on it. Commissioner Bowman recommended that the Board not waste a lot of time on it because the main committee will have three more meetings. Chairman Bird asked if the Ad Hoc Committee will be kept available for comment on any further changes which might be made, and Commissioner Bowman reiterated that the Ad Hoc Committee has completed its appointed task. Commissioner Wodtke noted that Jeannette Lier, our representative to the Hutchinson Island Resource Planning Management Committee, had a question about the number of environmentally sensitive acres and transfer credits, and he wished to know how many environmentally sensitive acres we have that would not be involved with any type of a transfer, 81 i.e., those under government ownership - the National Wildlife Refuge, etc. Commissioner Scurlock agreed that we need to know all the wetlands which are under private ownership so we can equate the transfer figures. He believed that the main determining factor, however, is exceeding capacity of the roads. Commissioner Bowman did not feel you can really determine density by roads, and she believed that is where the committee got off on the wrong foot. Carolyn Eggert agreed that it is a little difficult, but pointed out that we have a rule that says that traffic has to be able to move at 55 mph. Attorney Brandenburg noted that our present plan has basically the same standards, if not more stringent. In further discussion, it was noted that the City of Vero Beach has quite a few problems with this concept, and Commissioner Scurlock felt this points up the necessity of addressing impact fees for roads. Administrator Wright stated that he will have a specific proposal in this regard at budgettime. The Board extended thanks to Commissioner Bowman and the Ad Hoc Committee for their efforts. DOCUMENTS TO BE MADE A PART OF THE MINUTES Proclamation commending John Replogle for his participation in the Special Olympic International Games is hereby made a part of the Minutes. 82 JUL 6 1983 P R O C L A M A T I O N WHEREAS, SPECIAL OLYMPICS is a nation-wide program of sports training and athletic competition for mentally retarded children and adults, which is unique in that it provides for competitors at all levels of ability by assigning them to "competition divisions" based on both age and actual performance; and WHEREAS, the purpose of SPECIAL OLYMPICS is to contribute to the physical, social and psychological development of the mentally retarded so that through positive experiences in sports, 4 they can gain the confidence and self-image assodiated with success rather than failure; and WHEREAS, the SPECIAL OLYMPIC INTERNATIONAL GAMES are held every four years and athletes are selected from each county throughout the United States and abroad on the basis of their participation in the 1982 SPECIAL OLYMPIC SPRING GAMES or the 1983 SPECIAL OLYMPIC WINTER GAMES; and WHEREAS, JOHN REPLOGLE was a gold medal winner in the swimming competition at the 1982 SPECIAL OLYMPIC SPRING GAMES; and WHEREAS, JOHN REPLOGLE was selected to represent the State of Florida and -Indian River County in the swimming competition at the SPECIAL OLYMPIC INTERNATIONAL GAMES to be held at Louisiana State University in Baton Rouge,. Louisiana; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that July. 12 through the 16th, 1983 be designated as SPECIAL OLYMPIC INTERNATIONAL DAYS, and that we convey to JOHN REPLOGLE our best wishes and encouragement in his efforts and participation in the SPECIAL OLYMPIC INTERNATIONAL GAMES. BE IT FURTHER PROCLAIMED By THE BOARD that they urge all citizens to give of their interest, time and financial support to the SPECIAL OLYMPICS. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY Ric and N. Bird, Chairman ATTST: FREDA WRIGHT, CL 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. 86524-.86811 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed}in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried; the Board adjourned at 3:50 o'clock P.M. Attest: Clerk JUL 6 1983 84 Chairman