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HomeMy WebLinkAbout8/3/1983s Wednesday, August 3, 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, August 3, 1983, at 8:30 o'clock A.M. Present were Richard N, Bird, Chairman; Patrick B. Lyons, Margaret C. Bowman, and William C. Wodtke, Jr. Vice Chairman Don C. Scurlock, Jr. was on vacation out of state. Also present were L.S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners.; Jeffrey K. Barton, Director, Office of Management & Budget; Lt. M. L. Reese, Bailiff; and Barbara Bonnah, Deputy Clerk. G.. Alton Ferrell, Pastor of New-Bethal Church, gave the invocation and Attorney Brandenburg led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Administrator Wright requested a brief discussion be added to today's Agenda re the scheduling of a budget workshop. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's Agenda. Chairman Bird requested the addition to today's Agenda of consideration of a request of Mrs. Walter Jackson to move A U G 3 1983 an old house into Schumann Park in Gifford to be used for a recreation center and a meeting place for Girl Scouts and Boy Scouts. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the — Board unanimously added the above item to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of 7/6/83. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of 7/6/83, as written. The Chairman asked if there were any additions or` corrections to the Minutes of the Regular Meeting of 7/20/83. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Regular Meeting of 7/20/83, as written. The.Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of 6/29/83. There were none. 2 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes -S of the Special Meeting of 6/29/83, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of 7/14/83. Commissioner Bowman noted that on Page 3, on the last line of the Motion, the dollar amount should be corrected from "$157,000" to "$157,500". ON MOTION by Commissioner Bowman, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Special Meeting of 7/14/83, as corrected. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of 7/18/83. Commissioner Bowman requested that the following corrections be made: Page 9 on the second to last line, "we" should be changed to "the Commission" so that the phrase would read "... a committee for something different than the Commission agreed to previously." Page 14 in the paragraph two-thirds down that begins, "Mr. Ring reported," the second sentence should read, "The original plan said we will encourage development to connect to a central water and sewer system, but in AUG 3 1983 54, FAc-175, Page 15 in the last paragraph, "the Committee's proposal" should be corrected to read, "the Hutchinson Island Committee's proposal". Page 16 in the second to last paragraph, in the last sentence, "they are" should be corrected to read, "the State is asking for the same regional view from us." ON MOTION by Commissioner Bowman, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Special Meeting of 7/18/83, as corrected. BUDGET OFFICE A. Approval of Budget Amendment - Insurance Premiums The Board reviewed the following budget amendment dated 7/22/83: TO: Board o f County Comm az"-- nm DATE: Joey 22, 1983 FILE: i— SUBJECT: Budget Amendment - Inbutcanee Piemiumd FROM: Jejjney K. Batton, REFERENCES: _-j� Budget Dixecton The Sottowing budget amendment i6 to tnan6jen 6und6 to Genenae Senv.iee6 jkom the Fntenptuz a Funds and the M.S . T. U. bund 4on the A .6hatce og the I nwan.ce pnemkum6 . Account T.itee Account No. Tran 4ena Out 004-199-513-99.21 Oaken Insutwance 004-209-534-34.59 Other Inz unance 004-214-541-34.59 TAa z6vL6 Out 411-199-534-99.21 Other In6utanee 411-217-534-34.59 P=u ien6 Out 471-219-536-99.21 T,ta"6eu Out 471-235-536-99.21 Fixe 9 Ext. Cov. 471-219-536-34.52 Genetae Liab.i.?.i.ty 471-235-536-34.53 Tnan66en In 001-000-381-20.00 Othetr. Insutcance 001-251-519-34.59 4 I nenea6 a DecAea s e _r 1, 500 1,500 100,000 20-500 2,500 3,000 3,000 3.0000 3,000 20,000 20,000 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the above budget amendment, as recommended by OMB Director Barton. B.. Approval of Budget Amendment- Copier in Mailroom The Board reviewed the following budget amendment dated 7/22/83: TO: Bowed of County Com aAziionena DATE: Juey 22, 1983 FILE: SUBJECT: Budged Amendment - Copri.en in Mat&oom FROM: Je46.ey K. Banton, REFERENCES: Budged Ditecton The 6ottowing budget amendment is needed to coven the expenses bon maintenance on the eopien .in tete mai.Qtoom. Th is account .us oven -budget due to ehanga gon exceb.6 copies and mont i2y maintenance. Account T.c tQe Account No. IneAeaz e De.6keaA e Maim- Off&e Equip. 001-251-519-34.63 4,000 Re6 ave 6o& Conking. 001-199-513-99.91 4,000 Batance in Cont ng ency $207,101 " of 7/18/83 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the above budget amendment, as recommended by OMB Director Barton. C. Approval of Budget Amendment - Petition Paving Program The Board reviewed the following budget amendment dated 7/15/83: 5 AUG 31983 WK -'4 PAGE 176 j, AUG 31983 July 15, 19$3 � RtDp' To: Board of County Commissioners c�erom: Jeffrey K. Barton, Budget Director Subject: Petition Paving Program PA.v 77 On January 19, 1983, the Board approved the transfer of funds from Road & Bridge fund to the Petition Paving fund per Book 52, Pages 663-670. The following budget amendment is to correctly record the transfer of those funds. Account 'title Account No. Increase Decrease Transfer Out 004-199-513-99.21 100.,000 Other Rd/Material 004-214-541-35.39 700,000 Transfer In 703-000-381••20.00 100,000 Other Rd/Material 703-214-541-35.39 100,000 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board approve the above budget amendment, as recommended by OMB Director Barton. In discussion, Commissioner Wodtke asked if a master file was being kept that could be entered into the computer in the future. Director Barton explained that he does'not keep the records, but Public Works Director Sim Davis keeps the master lists of what is still outstanding. Administrator Wright advised that they knew what amount has been collected, and that we have received some payments back, probably in the area of 30%-40% over a two-year period. He assured Commissioner Wodtke that it should revolve back in and they were keeping up. The Chairman CALLED FOR THE QUESTION. The Motion carried unanimously. 6 D. Approval of Budget Amendment - Insurance Proceeds - Aq. Extension Vehicle The Board reviewed the following budget amendment dated 7/19/83: July 19, 1983 PFro*m: ToBoard of County Commissioners Jeffrey K. Barton, Budget Director Ob Subject: Insurance proceeds - Ag. Extension The following budget amendment is to cover the expenses to repair the Ag. Extention vehicle with the monies received from Allstate in the amount of $567.14. Account Titie Account No. Increase Decrease Ins. proceeds 001-000-364-42.00 567 Maint-automotive 001-212-537-34.64 567 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the above budget amendment, as recommended by. OMB Director Barton. E. Approval of Budget Amendment - Soil Survey The Board reviewed the following budget amendment dated 7/26/83: AU'3 3aox 54 AUG 3 1383 179 TO: Boa4d of County Comm,i zioneu DATE: Juty 26, 1983 FILE: SUBJECT: Budget Amendment: Soit Suhvey FROM:Je66ney K. Banton, REFERENCES: Budget Ditee tot The jottoaung budget amendment is .to .i.neAea6e the budget jot the Soil Consenvati.on Survey. This iz neeeszany bec.au6e the ta,6t qurvrtex bitting o6 FY 81-82 was changed to the ecvucent. FY 82-83 and the same jot the t"t quanteh bitting o6 80-81. Thiol does not ineAea6e the total cont a.c t amount, of $75,000. Account T.itte So -it Consenvati.on Svc. Reserve Gott Contingency Baeanee .in Res enve $207,101. as of 7/18/83 Actuat, Paid to Date 80-81 FY - 13,125 81-82 FV 19,005 82-83 FY 20,279 Account No. 001-110-537-88.29 001-199-513-99.91 Inctea�s e --3,495 pecAea 6 e 3,495 *Includes the payment bon which budget amendment .ins a6ked jot getting the contAact on eoA&ect .schedule. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by OMB Director Barton. P. -Adoption of Resolution Authorizing Budget Officer to Place Excess Funds in Investments Attorney Brandenburg explained that the proposed resolution would authorize the Director, Office of Management and Budget, with the concurrence of the County Administrator, to invest surplus county funds. The Clerk to the Board of County Commissioners will be notified where to 8 invest the funds as the Clerk's Office is the custodian of all County funds. Administrator Wright reported that Mr. Barton's title has been changed from Finance Director to Director, Office of Management and Budget. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board adopted Resolution 83-55 authorizing the Director, Office of Management and Budget with the concurrence of the County Administrator to invest surplus county funds as provided by Florida .$-tatutesg125.31. 9 AUG. -.3 1191903 AUG 31993 yet;54Fir J-81 RESOLUTION NO. 83-55 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET WITH THE CONCURRENCE OF THE COUNTY ADMINISTRATOR TO INVEST SURPLUS COUNTY FUNDS AS PROVIDED BY FLORIDA STATUTES 5125.31. WHEREAS, it is necessary for the Board of County Commissioners to authorize the investment of surplus county funds to achieve the maximum public benefit by insuring that said funds earn the highest interest allowable while deposited in prudent and safe investments, securities and institutions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. For the purposes of this resolution the term surplus funds is defined as funds in any general or special account or fund of Indian River County held or controlled by the County Commission or the Clerk to the Board of County Commissioners which in reasonable contemplation will not be needed for the purposes intended within a reasonable time from the date of such invest- ment. Surplus funds shall not include any funds subject to any contract or agreement on the date of enactment of this resolution; such funds shall not be invested contrary to such contract or agreement. 2. The Board of County Commissioners of Indian River County hereby authorizes the Director, OMB with the concurrence of the County Administrator to invest and reinvest any Indian River County surplus public funds in the control or possession of the Clerk to the Board of County Commissioners in: a) the local government surplus fund trust fund; b) negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States Government at the then prevailing market price for such securities; c) interest --bearing time deposits or savings accounts in banks organized under the laws of this State, in national banks organized under the laws of the United States and doing business and situated in this state, and savings and loan 10 associations which are under state supervision, or in federal savings and loan associations located in this state and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; or d) obligations of the federal farm credit banks, federal home loan mortgage corporation, or federal home loan bank or its district banks, including federal home loan mortgage cor- poration participation certificates, or obligations guaranteed by the government national mortgage association. 3. All securities purchased pursuant to this resolution shall be properly.eaxmarked and immediately placed for safekeeping in a safety deposit box in some bank or institution carrying adequate safety deposit box insurance within Indian River County, and.no withdrawal of such securities in whole or in part shall be made from such safety deposit box except upon the authority of the Director, OMB with the concurrence of the County Administrator pursuant to this resolution. 4. The Clerk with the concurrence of the Director, OMB and the County Administrator is also hereby authorized to receive bank trust receipts.in return for investment of surplus funds and securities. Any trust receipt received must enumerate the various securities held together with the specific number of each security held. The actual securities on which the trust receipts are issued may be held by any bank depository chartered by the United States Government or the State of Florida or their designated agents. 5. When the money invested in such securities is needed in whole or in part for the purposes originally intended, the Director, OMB with the concurrence of the County Administrator is authorized to sell such security or securities at the then prevailing market price and to pay the proceeds of such sale into the proper account or fund of the County. 6. This resolution shall not be construed to alter the constitutional responsibilities of the Clerk to the Board of County Commissioners. 11 � AUG 3 19$3: ,��►� Fz pA�� AUG 3 198.3 ftw 54 pn 1:83 The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the - vote was as follows: Chairman Richard N. Bird Aye Vice -Chairman Don C. Scurlock, Jr. Absent 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 3rd day of August , 1983. BOARD OF COUNTY, COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD Chairman Attest: , F A�G, 16r,l�j n. APPROVED 0 FAARM AND LEGA WJFFI�2EN By Atto lla CONSENT AGENDA A. Authorization for Chairman to Sign Countv Garaqe Fuel Dispensing System Agreement ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously approved agreement and authorized the Chairman's signature on the County Garage Fuel Dispensing System Agreement. 12 AUG 3 1981 tin 54 mu lu AUG 3 i9$3 toy 4 pnc 5 r it • DI • w. • " THIS AGREEmEVT made and entered into on the day of 1983 ► by and between PIEW PA►Lw^ 5§%14. AJC_ (Name) K 1l.L,hhl AR . <.AI+L� P�Mt� . F%- 33 43 _ (Address) herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the CouhtY. That the Contractor and the County, for the consideration hereinafter names, agree as follows: Article 1. SCOPE OF THE WOM: The Contractor shall furnish all of the materials and perform all the v ork shown on the Drawings and described .in the Sped-fications entitled COUNTY GARAGE FUEL DISPENSIM SYSTEM for Indian River County, eilor-ida and shall do everything required by this Agreement and Contract tents. Article 2. COAMENCEMM" .AMID COMPLETION: The Contractor will be required to commence work under this Contract within ten (10) calendar days after receipt of the notice to proveed and shall Clete the project within 60 days as specified in the Bidding and General Requirements. The Contractor agrees to reimburse Indian River County, Florida, as liquidated damages for each calendar day elapsing between the date herein specified as the day of full carpletion and the actual day of such carpletion of the contract work the amount of fifty dollars ($50.00) per calendar day. Time is of the essence. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: s's Numerical Amount`? �•t3'S _ . _ Written Amount fuJEA1n1 SetA--� 7WoWA-0 0& h zr-az�i .a�«mss � ^t� c €•-73 FA -1 13 Article 4. PROGRESS PA' T'S - The County will make partial payment during the progress of the work as approved by the County Engineer. Article 5. ACCEPTANCE AND FINAL PASS: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Engineer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signa- ture, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommends and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment. Prior to final acceptance by the Engineer, the Contractor shall verify, in the Engineer's presence, that all valving, pumps, Piping, equipment, etc. perform their proper task or function in the manner in which they were intended. In general, the Contractor shall verify by the use of dye tests and/or other methods acceptable: to the Engineer, that all pipes receive and discharge flow at the proper locations and in the proper quantities. All valves shall be tested and the proper operation of each shall be verified. PLmping tests shall be performed on all pumps to insure they will pump the quantities called for in to Specifications. The operation of all o'Liher e4u_lpmeWL, fittings, etc. which are necessary for -che prover fuwl.ion- ing of the facility shall be tested. Any pipes, valves, equipment, etc. that fails or is found to be improperly placed or in any way does not perform as the design in'cended shall be completely corrected by the Contractor at the Contractor's expense. Such piping, valves, equipment, etc., shall then be retested by the Contractor in the pres- ence of the Engineer, until it is accepted by the Engineer. Issuance of final acceptance will not be made until all Piping, valves, equipment, etc., have been approved by the Engineer. Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the County Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Engineer stating that all indebtedness connected with the work has been paid. Such affidavit will be signed by a duly authorized officer of the contracting firm, will bear the firm's seal, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duty FA -2 14 AUG 31983. PAGES ----A AUG 31983- SOK Fn _ -s authorized officer of the subcontracting firm, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and acceptance of the final payment shall consti- tute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made and Still unsettled. Article 6. THE CONTRACT DOCUMENT'S: Advertisement for Bids, Addendum as Required, Bidding and General Requirements, Bid Proposal, Questionnaire, Form of Agreement, Opinion of Attorney, Final Payment - Contractor, Affidavit, Final Pay Request, Public Construction Bond, Technical Specifi- cations, and the Drawings, form the Contract and they are as fully a part of this Contract as if the same were hereto attached or herein repeated. Article 7. LIABILITY INSURANCE: Subject to the monetary limitations in Article 11 (Page BGR-3), the Contractor, upon his part, agrees to protect, indemnify, save harmless, and insure the County from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor, or any subcontractor, or the officers, employees or agents thereof, in performing his' obligations under this Contract... The parties expressly recognize that the relationship between the County and Contractor is that of independerit contractors, and that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent., servant or employee of the County. FA -3 15 r , r iN &VIS wHEREOF, the parties hereto have executed this agreaent the day and year first written above. Signed and sealed by the contractor in the presence of: Signed and sealed by the owner in the presence ofs d (Contractor) .,ai �."v:..i°....? � rpt, `.-^_. �'�."� ��d •� D ,�,� Attest ;�� � • �! """ - �" Notary Public, State of FiQ�� arm My Commission Expires, M'a,ch 23, W85 Bonded by American fire '& 0011wty Co. INDL)N RIVER COUNTY (Owner) By: Att seal) Ir Ir Michael right County Ad crinis for By: _.— �Jef i Director of F This foregoing Contract Agreement is in correct fo;n according to law and is hereby approved: AUG 3 1983 Attorney for Contractor FA -3 16 COl� Put b,( r AUG 3 1983 fft 5. B. Authorization for Chairman to Sign County Garage Fuel Dispensing System - Electrical Contract ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously approved agreement and —authorized the Chairman's signature on the County Garage Fuel Dispensing System Agreement, Electrical Contract. 17 FORM OF AGREEMENT INDIAN RIVER COUNTY, FLORIDA THIS AVT made and entered into on the 23rd I I day of June ,198 31 by and between F. V. Casano Electrical Contractors, (Name) Inc. 1161 Old Dixie Highway, Vero Beach, FL 32960 (Address) herein after called the Contractor, and INDIAN RIVER COSY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. Thai the Contractor aril - the County! _s or iJ ie crosideraiu.on hrr'. ink F i c:• na«ies, agree as follows: Article 1. SCOPE OF THE WORK: The Contractor shall furnish all of the materials and perform all tl1P work shown on the - Drawings and; described in the Specifications Entitled COUNTY G WG'% FUEL DISPENSING SYS E24 - ELECT la%L CONTRP,CT for Indian River Coiinty, Florida and &all do everythir_4 required ty .tbi:s Agret-jrr:nt. and Contract Documents. Article 2. LTD C'OMPLE. 10N.- The COmtractcm will h regaaed to commence work under this Contract with? v. ten (10) calendar days often receipt of the notice to pi=eed and shall complete the project as specified in the Bidding and General Requirements. The Contractor agrees to reimburse Indian River County, Florida, as liquidated damages for each calendar day elapsing between the dace herein specified as the day of full ccupletion and the actual day of such carpletion of the contract work the amount of fifty dollars ($50.00) per calendar day. Time is of the essence. SS`C, : `Ihe Co;nty %,-U! pay the Ci,%ii.i.ia�:' for performance of the dontract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount $3,500.00 written Amount Three Thousand Five Hundred Dollars Article 4. PROGRESS PAMMM - The County will make partial payment during the progress of the work as approved by the County Engineer. FA -1 18 190 AUG 31983 -6MK - 7A ?A9 A,U G 3 1983 PACE 1 Article 5. ACCEPTANCE AND FINAL PAM4ENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Engineer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully per- formed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment. Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the County Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Engineer stating thatall indebtedness connected with the work has been paid. Such affidavit -vd.li b:: s; gned bry a duly authorized officer of the contracting firm, will bear the firm's seal, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of the subcontracting firm, notarized and attested by two witnesses is required frown each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and acceptance of the final_ payment shall consti- tute a waiver of all claims by the County, other thrm those arising from unsettled liens, from faulty worts appearing after f inal payment or from requirements of '� Specifications and of all claims by the Contractor,- except ontractor;except those previously made and st3_D unsettled. Article 6. THE COD7MCT DOCUMENTS: Advertisement for Bids, Addendum as Required, Bidding and General Requirements, Bid Proposal, Questionnaire, Form of Agreement, Opinion of Attorney, Final Payment - Contractor, Affidavit, Final Pay Request, Public Construction Bond, Technical Specifi- cations, and the Drawings, form the Contract and they are as fully a part of this Contract as if the same were hereto attached or herein repeated. Article 7. LIABILITY INSURANCE: Subject to the monetary limitations in Article ll (Page BGR-3), the Contractor, upon his part, agrees.to protect, indenriify, save harmless, and insure the County from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor, or any subcontractor, or the officers, employees or agents thereof, in performing his obliga- tions under this Contract. The parties expressly recog- nize that the relationship between the County and Con- tractor is that of independent contractors, and that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the County. FA -2 19 IN WIGS WEIFRBQF, the parties hereto have executed this agreement the day and year first written above. (Contra tor)F.V. Casano, J Signed and sealed by the Oantiact.o�r in the presence of: Subscr�ieAY n on h's 27 of July, W -- N �!4Pl.iQ;«a�► ate of RQAh d v r'.t,77 Sign: rl and sealed by tto-A Owner in the presence of: Noted and Approved 1983. By:— Pres i t F. V. C(IassaanCo,,'.J". Attest IMMN RTVJ. R i.VEJiYiS (Owner) By: Richard r Bird Chaiiaaaa ! w• Attest,'`-�4 • Fr Wright • County Clerk �. e ::�•1) I CI By: Michael Wright County Aduinistra r By: Jef Director of F - This foregoing Contract Agreement is incorrect- f`rm ac ncr to law and is heraby approved: -y Attorney Attorney for Contractor FA -3 20 AUG 31983 BfR . PAGE; AUG 3 1983 OPINION OF ATTORNEY This is to certify that I have examined the attached Contract Documents, and that I am of the opinion that such Docmrents conform to the Laws of t±he State of Florida, and that the execution of the Contract is in due and proper form, and that the foregoing Agreeents constitute valid and binding obligations on such parties. Attorney for Owner _ This, the day of , 198. CONTRACT DOCUMENTS and SP10I7ICATIONS INDIAN RIVER COUNTY COUNTY GRAM FUEL DISPENSING SYSTEK ELECTRICAL CONTRACT OA -1 C. Authorization for Chairman to Sign Peacetime Emergency Plan The Board reviewed the following letter dated 3/14/83: STATE OF FLORIDA }� �,� DEPARTMENT OF -�}� COMMUNITY AFFAIRS DIVISION OF PUBLIC SAFETY PLANNING AND ASSISTANCE r BOB GRAHAGRAHAM.' oa J.E Sr, F n Govemor w �c JOAN M. HEGGEN BOB WILKERSON SecretaryDirector March 14, 1983 Mr. S. Lee Nuzie, Director Indian River County Civil Defense 1727 - 17 Avenue Vero Beach, Florida 32960 Dear Mr I am pleased to notify you that the Indian River County Peacetime Emergency Plan is approved, based on revisions accompanying your February 11 letter. It is gratifying -to see a planning effort as diligent as yours; few counties have such thorough PEP,_=:. Your cooperation and enthusiasm throughout this process of writing and revising the PEP have been greatly appreciated. We look forward to working with you and your staff in the future. Please send available. AUG 3 , 1983 us a copy of the finalized plan when it becomels Sincerely, jv�� Gordon L. Guthrie Chief 21 r AUG 3 1983 P+CLX 511 F `L. J 5 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously authorized the Chairman's signature on the Peacetime Emergency Plan. PLAN IS ON FILE IN THE OFFICE OF THE BOARD OF COUNTY COMMISSIONERS D. Authorization for Chairman'to Sign Contract for Emergency Food Grant - Council on Aging The Board reviewed the following letter: STATE OF FLORIDA DEt�.RTMNT OF COMMUNITY .AFFAIRS DIVISION OF LOCAL RESOURCE MANAGEMENT BOB GRAHAM �� •.",�., Govemor John M. DeGrove x�cic�:csafrk � �. Secretary Mr. L.S. Tommv Thomas Indian River County Board of Commissioners 1840 25th Street Vero Beach, FL 32960 Dear Mr. Thomas: James Murley Director The Department of Community Affairs is pleased to inform you that your application for participation in the FF_�?A Emergency Food and Shelter Program has been approved. ;our agency will receive $7,127 fO4 use from august 1, 1983, through September 30, 1983. Mhe large number of applications for these limited funds required that each applicant receive an amount less than that originally requested. Additionally, several applications contained budget ex -eases which were ineligible for f;uiding, and were therefore deducted from the grant total. If your allotment was reduced for this reason, an e =lana - tion will be included with the attached contract completion instructions. 22 TV F 401 Please note that the contract ,and application have been incorrorated into a single document. Additionally, he advised that the contract contains pro- visions which define client eligibility and otherwise limits how these roads can be utilized. The contract should be executed by the appropriate official and retained to this office i=ediately. If you have any questions, please feel free to call Bill Lowden at (904) 4SS-7956 for assistance. Sincerely, Richard F. Barrett Assistant Division Director ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously.authorized the Chairman's signature on the Contract for Emergency Food Grant- Council on Aging. CONTRACT IS ON FILE IN THE OFFICE`OF THE CLERK E. Authorization for Chairman to Sign Requisition - First Quarterly Payment FY 1984 of Annual Contributions Contract Section 8 Existing Housing Rental Assistance Program The Board reviewed the following memo dated 7/28/83: 23 4 ; AUG 3 1983 1,6 AUG 3 1983 Emx 5.4 rasp x V TO: Board of County DATE: 7/28/83 FILE: Commissioners THRU: Michael Wright SUBJ ECT:Requisition for the First County Administrator Quarterly Payment FY 1984 of Annual Contributions Contract - Section 8 Existing Housing Rental, Assistance Program FROM: Edward J eg REFERENCES: Executive irector IRC Housing Authority r, It is recommended that the data herein presented be given formal consideration by the County Commission. In order to requisition funds quarterly from the U.S. De- partment of Housing and Urban Development to operate our Section 8 Housing Assistance Program, we are required to submit four (4) executed copies of HUD Form 52663. This is consistent with our Annual Contributions Contract entered into on December 30, 1978 and as amended August 3, 1982. I respectfully request the Board of County Commissioners authorize the Chairman to execute the four copies of HUD Form _52663 for the First Quarterly payment. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously authorized the Chairman's signature on the following requisition. 24 t tub -s U.S. DEPARTMENT OF HOUSING AND URBAN !,,.•; ._ _vr+A.tENT fi0H HUtT USE O!� REQUISITION FOR PARTIAL PAYMENT OF ANNUAL COUTRIBUTIONS HOUSING ASSISTANCE PAYMENTS ? dOGRANI vonenerhurrrG,•: SEC-n0N 23 f SECTIC7y 3 Oats of Requisition 7/27/83 Fiscal Year Ending date --9.Z-3—Q/-8A--- For Quart Ir EIithng 12/3.0./83 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY tlnriudinq 71p Codej ACC Contract C�urnber A-3409 Indian River County Board of County Commissioners Project Number FL29—E132-001 & 002 1840 25th St., Suite S-321, Vero Beach, Fla. 32960 12 -- DEPOSITARY SANK (Name. Addrers and Account Number) Na. of Months in Fiscal Year First Bankers of Indian River County Type of Project; Vero Beach, Fla. 32960, Acct. #98-04000-1 +� ® EXISTING C NEW C} REHAB. L Number of Units Ugder Lease to Eligible Families es of Date of 3-.;quisition b. Estimated Number of Units to be under Lease at End of Requested tluarter c. Averape Monthly Housing Assistance Payment Per Unit at of Hate of Requisition ESTIMATE Rl:QUiRED TOTAL COST DESCRIPTION { ANNUAL 1 INCURRED T L0NRIpU'iIIJNSi TO DATE - tt) PRELIMINARY ADMINISTRATIVE EXPENSE 1. Preliminary Administrative Expense—Prior to ACC (Account 4010) 2. Prsdiminary Administrative Expeme—After ACC (Account 4012) 3. Total Preliminary Administrative Expense (Lines I d 2) NONEXPENDA8LE EQUIPMENT 4. ReplataZment of Nonexpendable Equipment (Account 7520) S. Property Betterments and. Additions (Account 7540) 6. Total Nonexpendable Equipment (Lines 4 d SJ HOUSING ASSISTANCE PAYMENTS 7. Housing Assistance Fayments (Account 4715) ADMINISTRATIVE FEE 8. Total Administrative Fee Approved for Fisch Year 9. Monthly Rate of Administrative Fee (Line 8 divided by number of months in Jised Year) 10. Amount Previously Requisitioned for fiscal year 11. Estimated Additional Amount Required to end of Requested Quarter 12. 'fetal Administrative Fee (Lines 10 d 11) [NOE-PENDENT PUBLIC ACCOUNTANT AUDIT COSTS Isection 3 only) 13. Total Independent Public Accountant Audit Cutts SECURITY AN© UTILITY DEPOSITS (Section 23 oniy) 14. Total Ailowance Approved for Security and Utility Deposits 15. Amount Previously Requisitioned for Fiscal Year 16. Estimated Additional Amount Requirod to End of Requested Quarter 17. Total Security and Utility Deposits (Lines 15& 16) AMOUNT Or TH.'S REQUISITION 18. Total Funds Required to End of Requested Quarter(Lines 3, 6. 7, 12, 13 d 171 19. Total Partial Payments Received for Fiscal Year to Date 20. Partial Payment Requested (Line 13 minus Line 19) 459,972 59,303 2,500 9 152 190 165 ESTIMATED CUMULATiv %DOITIONAL TOTAL ,OST TO END FREQUESTED FUNDS QUARTER REQUIRE'[' tat l (g) . ,sg - . 0 0 0 0 0 0 0 94,050 94,050 0 14,826 14,826 2,500 I 'J METHOD OF PAYMENT INSTIST 2NO 3RD ALMENT INSTALLMENT INSTALLMENT TOTAL 21. Requested Installment Payments 17 37.126 111.376 1 CE3TIFY that housing assistance payments have bean or will be made only with resile, -t to units which: (1) are under tease by Famtiies at the timo- such housing asastance payments are mads excupt as otherwise provided in the Housing AtsistAmm Payments Contracts and (2) the Housing Agency has within one yes► prior to the making of such housing assistance paymanM adequately impgctad or crused to be inspected (including inspection of grounds. and areas for the benefit and use of the Families) to assure that decent, safe and sanitary rousing accommodations are being provided; that all applicable Fre vis ons of the above numbered Contract have been complied with by the Housing Agency; and that this roqu;sition for annual contrbutions has been exam- irwi by me and to the bast of my knowledge and b -fief it is true, correct and complete. ---------_ �rlh i !iu Ring,•. ,- -- lSignaiure and Title of Official Authorized to Certtfv) HUD FIELD QFFICE APPROVAL 25 AUG 31983 5,4 PAci 1,98 AUG 3 1983--- F. Report F;.: Received and placed on file in the Office of the Clerk: Traffic Violation Bureau - Special Trust Fund Month of June, 1983 - $39,222.20 G. Report Received and placed on file in the Office of the Clerk: Traffic Violations by Name, June, 1983 REQUEST FOR FINAL PLAT APPROVAL - CARLSWARD SUBDIVISION The Board reviewed the following memo dated 7/15/83: TO: The Honorable Members DATE: July 15, 1983 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE 14 FINAL PLAT APPROVAL OF SUBJECT: CARLSWARD SUBDIVISION Patrick Bruce King, ICP Clare Z. Poupard q10 DW:APR FROM: Planner I REFERENCES: carlsward S/D It is requested that the information herein be given tormal consideration by the Board of County Commissioners at their regular meeting on August.3, 1983. DESCRIPTION & CONDITIONS Carlsward Subdivision is an eleven lot subdivision located on the north side of South Gifford Road east of 74th Avenue. The subject property is 20 acres in size. The land is zoned R-1, Single -Family Residential (6.2 dwelling units/acre allowable building density) and has a RR -1, Rural Residential (.4 dwell ing units/acre allowable building density) land use desig- nation. The proposed building density is .55 dwelling units/acre. Preliminary plat approval was granted to the applicant on August 23, 1978, prior to the adoption of the Comprehensive Plan. 26 ALTERNATIVES & ANALYSIS The subdivision is in conformance with all requirements in the County's Subdivision Ordinance 75-3. The applicant has agreed to dedicate 201 of. right-of-way on S. Gifford Road, along the limits of their property line, in conformance with the County's Thoroughfare Plan. Individual wells and septic tanks will be used on site. This has been approved by the Environmental Health Department. Although, the fact that the preliminary plat approval would have expired on February 23, 1980 was brought to the attention of the Planning Department in June, 1982, no steps were taken to revoke the preliminary plat. This was done with the concur-, rence of the Community Development Division, Public Works Division and the County Attorney's office and was because all major improvements were completely constructed at this time. During this past year, staff has worked with the applicant to meet all the technical and legal requirements of the subdivi- sion ordinance including obtaining legal descriptions of right-of-way dedicated to the County, meeting the Florida Statute's requirements for wording on the plat, showing the accurate subdivision boundaries, providing for.maintenance of improvements, etc. This work is now complete. RECOMMENDATION Staff recommends that final plat approval be granted to Carlsward Subdivision. Clare Z. Poupard, Planner, presented the staff's recommendation for final plat approval. Chairman Bird noted that the plat indicates that the lake encroaches on lots 3-8, and asked if that was a misrepresentation. Mrs. Poupard explained that the lot lines extend into the lake, but the total area was computed to the limits of the lake, rather than into the lake. Community Development Director Bruce King explained that this plat received preliminary approval in 1978, and also an extension. However, when he came on board in June, 1982, he found that their preliminary plat approval had expired and advised the applicant that if the plat was submitted in two weeks time, it would be presented before the Board of County Commissioners for final plat approval. Those two weeks have lasted until now. Staff has found that the final plat is in conformance with the preliminary site plan and recommends approval. 27 AUG. M319 A PAA `OO ®354 FAu Z01 Chairman Bird asked if there was a representative.here from Carlsward. There.was not. Attorney Brandenburg asked if anyone had checked with the Environmental Health regarding the new septic tank regulations on placing septic tanks near a lake, and Director --ming offered to go back and check out these matters. Chairman Bird felt that he would prefer that the discussed items -be checked out before bringing it back before the Board, and did not like the lot line extending into the lake. Commissioner Lyons realized that many changes can take place between time of preliminary plat approval and final plat approval re regulations on septic tanks, subdividing, etc., and could understand if someone had been diligently pursuing their preliminary plat plan, but this has been dragging on for quite a long time and has cost the County significant staff time. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously tabled this matter until the next meeting. PRELIMINARY PLAT APPROVAL - FOREST LAKE,.UNIT II SUBDIVISION The Board reviewed the following memo dated 7/15/83: 28 TO: The Honorable members DATE: July 15, 1983 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE PRELIMINARY PLAT APPROVAL SUBJECT: OF FOREST LAKE, UNIT II Patrick Bruce King, CP SUBDIVISION Clare Z. Poupard CA -p DW:APR FROM: Planner I REFERENCES: Forest Lake It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on August 3, 1983. DESCRIPTION & CONDITIONS Forest Lake - Unit II Subdivision is located on the south side of 1st Street S.W., west of 43rd Avenue. It is westward of, and adjacent to, the existing Forest Lake Subdivision. The proposed development has eight lots on ± 6 acres. The land is 'zoned R-1, Single -Family Residential (6.2 dwelling units/acre allowable building density) and has a LD -1 (3 dwelling units/acre) land use designation. The proposed building density is 1.3 dwelling units/acre. ALTERNATIVES & ANALYSIS The applicant is in conformance with all County requirements and ordinances. The subdivision's interior street is in conformance with the County's Thoroughfare Plan. A Type A Stormwater Permit has been issued by the County Engineer. The use of individual wells and septic tanks has been approved by the Environmental Health Department. All Planning Department review comments have been addressed. RECOMMENDATION Staff recommends that the Board of County Commissioners grant preliminary plat approval to Forest Lake -.Unit II Subdivision. Clare Z. Poupard, Planner, presented staff's recommendation for preliminary plat approval. Commissioner Wodtke asked what the lot sizes were and Mrs. Poupard stated that they vary, about 140 feet deep by 167 feet, and also gave assurance that staff had checked with Environmental Health re septic tanks. 29 AUG 31983 BMK FAC AUG 3 1983 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously approved preliminary site plan of Forest Lake, Unit II Subdivision. PROPOSED FEE INCREASES FOR COMMUNITY DEVELOPMENT DIVISION ACTIVITIES The Board reviewed the following memo dated 7/26/83: TO: The Honorable Members DATE: July 26, 1983 of the Board of County Commissioners DIVISION HEAD CONCURRENCE PROPOSED FEES FOR _ SUBJE�;T: COMMUNITY DEVELOPMENT Patrick Bruce King AICP DIVISION ACTIVITIES THROUGH: Bob Keating, AICP.az Planning & Zoning Dept. Manager Clare Z. Poupard C 'P DW:MON 1`'Ii0m: Planner I REFERENCES: Proposed Fees It is requested that the information presented herein he given formal conside;:ation by the Board of County Commissioners at their regular meeting on August 3, 1983. DESCRIPTION & CONDITIONS Pursuant to the Board's request at the budget hearing, the Connnunity Development Division has prepared a proposal for increasing the fees which are charged for development review - related activities within the Division. ALTERNATIVES & ANALYSIS The proposed new fees in Attachment 1 represent Alternative 3, as it was presented to the Board of County Commissioners at their budget hearings. This 3rd alternative was tentatively `pproved by the Board at the hearings. Attachment 2 is the Community Development Division's work program for fisca) year 1983-84. This work program shows the cost, in staff time, of completing the Division's development revievz-related work. As this work program indicates, the staff time spent in reviewing applications, etc., costs more than is recouped in the fees which are charged for the ie-i;icwv RECOMMENDATION Staff recommends that the Board of County adopt the new fees listed in Attachment 1. 30 t Community Development Director Bruce King presented a listing of the proposed fee increases, which were initiated by the County Commission during the July budget meetings. Director King explained the following corrections: page 1 of Attachment -1,, under "Major Modifications", the proposed fees should read, "same as original fee". page 3 of Zoning Department, under "Publications", add "storm water management" and insert fees to read: Current Fee Proposed Fee Zoning Ordinance 12.50 15.00 Subdivision Ord. 3.00 15.00 Comprehensive Plan 15.00 25.00 Misc. Ordinance 1.00 5.00 Storm Water Management 12.00 15.00 Chairman Bird asked what the reason was for the increases and Director King explained that in some cases the charges do not even cover the copying charges and they would like to recoup some of the charges. Administrator Wright stated they would like to put the increases in effect as soon as possible, and Director King advised it could be done today by resolution. Discussion followed re the total additional revenue anticipated from the increased fees for 1983-84, and Director King stated $107,980. MOTION WAS MADE by Commissioner Lyons SECONDED by, Commissioner Bowman, that the Board adopt Resolution 83-57 to approve the restructuring and increasing of fees charged by the Planning and Zoning Departments of Indian River County Community Development Division. 31 is54 PAGE 204 AUG 3 190 __ - v -. . �-' -- -_ I AUG 3 1983��.�, Pw 291 5 In discussion, Commissioner Wodtke pointed out that obtaining a barn permit, for instance, would entail less time and red tape than some other building permits and he felt that the fees should reflect that. Considerable discussion was held re the estimated cost, in staff—time, of completing the Division's development review -related work. Commissioner Wodtke inquired about the time involved in giving zoning permits for different activities, and Director King explained the staff time involved, noting that some things are very time consuming. Commissioner Wodtke then had questions as to the figures given for the work done by the Community Development Director, noting that it would work out to 74 weeks of work in a year. Director King confirmed that he works at a rate of 1.9 person's workload, and the Administrator confirmed that he works a lot of overtime. Commissioner Wodtke felt there should be a way to delegate more of the workload efficiently, and others should have some authority to make some decisions. Commissioner Wodtke then noted that under Community Development Director, a cost of $50,000 is listed and he wished to know if there are other people involved in that. Administrator Wright asked that it be kept in mind that these figures are estimates. He believed this is figured at an hourly rate and they figured $15.00-$20.00 per hour per person. The Administrator noted that they do not expect Director King to work as 1.9 persons and felt that as the level of efficiency of staff improved, this will change; it already is improving. He felt that the increased fees would pay for a larger staff and relieve Director King of significant overtime. 32 M Chairman Bird felt the developers are not objecting to the proposed increases because they are trusting that this increase will provide them with better and quicker service. He stressed that if the Commission approves the fee increases, the County hasa real responsibility to see that proper procedures are followed and builders, architects, engineers, and other applicants receive consistently good service in a reasonable amount of time. Commissioner then questioned the fee for neighborhood commercial nodes on page two of the Planning Department's list of increased fees, and Director King noted that this does not necessarily occur in conjunction with a rezoning request. Chairman Bird raised the question of a fee for people moving into the node after it is a designated node, and Director King stated that if they want additional acreage designated as part of the node, they would have to pay the fee also. Administrator Wright asked about acreage that is already designated as part of the node, and Director King noted that any use that comes in would have to be approved for that designation; the only ones who would have to pay another fee would be those who wished to expand the size of the.node. Chairman Bird felt that $600 seems excessive, but felt that he could not just pull a different figure out of the air. THE.CHAIRMAN CALLED FOR THE QUESTION. It.was voted on and carried unanimously. (FEE SCHEDULE IS MADE A PART OF JHESE MINUTE$) 33 600K A LIG 31983 AUG 3 1983 OIC 54 ew 22-. RESOLUTION NO. 83— 57 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA RESTRUCTURING AND INCREASING THE FEES CHARGED BY THE PLANNING DEPARTMENT AND ZONING DEPARTMENT OF THE INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DIVISION. WHEREAS, the Community Development Division has per- formed a study evaluating the existing schedule of fees and charges imposed for services by the Planning and Zoning Departments, and WHEREAS, the evaluation indicates the cost of performing the services greatly outweighs the fees charged by the Departments, and WHEREAS, the County Administrator and the Community Development Director now recommend adoption of a new schedule of charges and fees that will recoup a greater percentage of the actual costs of such services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The schedules of fees and charges appended hereto as Attachment #1 is hereby adopted to be applicable in unincorporated Indian River County, and 2. The County Administrator and the Community Development Director are hereby authorized and directed to charge the respective fees to all individuals.requesting the services set forth in Attachment #1, and 3. The County Administrator and the Community Development Director are directed not to accept any application for such services unless the application is accompanied by the appropriate fee. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice -Chairman Don C. Scurlock, Jr. Absent Commissioner Margaret C. Bowman Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly -1- passed and adopted this 3rd Attest: -f ,FREDA WRIGHT, erk APPROVED TO F AND LE FF EN $y AA ' iu-4T fr. BRANDEN URG „Cod my Attorney day of Augus t , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By1- RICHARD N. BIRD Chairman -2- 0� R PAGE0, AUG 3 198 3 ATTACHMENT 1 CQ °'- Planning, Department Community Development Division Indian River County, Florida June 13, 1983, FEE CATEGORY CURRENT PROPOSED FEES PROJECTED ACTIVITY PROPOSED REVENUE FEE /% INCREASE LEVEL Rezonings: less than 5 acres $100.00 $225/125% 16 $ 3,200 5-100 acres 250.00 500/100% 25 12,500 more than 100 acs. 250.00 + 50.00 650/117% 2 1,300 for each additional 25 acres Site Plans: Administrative Approvals 25.00 75/200% 23 1,725 Minor Site Plans 50.00 125/150% 69 8,625 Major Site Plans: less than 5 acres -0- 350/NA 62 21,700 5 acres but less than 10 200.00 500/150% 22 11,000 10 ac. or more 400.00 700/75% 4 2,800 Dev. Regional Impact 750.00 1750/133% 1 1,750 Maj. Modifications -0- Same as original fee - 4,900 Plats: Pre -Application Conf. -0- 40/NA 640 Preliminary -10 acres or less 150.00 350/133% 11 3,850 more than 10 M 00 acres 150.00 + 25.00 500/233% 5 2,500 CT) for each additional 25 acres Final - -0- 250/NA 16 .4,000 1 1 Planning Department Community Development Division Indian River County, Florida ,June 13, 1983 FEE CATEGORY CURRENT PROPOSED FEES PROTECTED ACTIVITY PROPOSED REVENUE o FEE /% INCREASE LEVEL Comprehensive Plan Anvzb: meets 1. Less than 5 ac. $150.00 $200.00/33% 5 $2,800.00 2. 5 - 40 acres 250.00 400.00/60% 7 3. 41 - 100 acres 300.00 500.00/67% 3 1,500.00 4. More than 100 ac. 500.00 750.00/50% 0 -0- Neighborhood Comm. Node Designation -0- 600.00/NA 12 7,200.00 Tree Removal Permit -0- 35.00/NA 175 6,125.00 Land Clearing Permit -0- 45.00/NA 225 i0,125.00 Mangrove Alteration Permit -0- 50.00/NA 50 2,500.00 Land Development Permit -0- 650.00/NA 16 10,400.00 Right-of—Way Abandonments 100.00 150.00/50% 15 2,250.00 �f Ckj Zoning Department ear Community Development Division ` Indian River County, Florida June 13, 1983, FEE CATEGORY CURRENT PROPOSED FEES PRaTEGTED ACTIVITY PROPOSED REVENEIE FEE /% INCREASE IEUEL Zoning Permits: 1. Additions/ Enclosures $ 10.00 $ 15.00/50% 346 $5,190.00 2. Barn 10.00 25.00/150% 4 100.00 3. Beverage Lic. Inspection Fee -0- 25.00/NA -0- -0- 4. Boardwalk 10.00 15.00/50% -0- -0- 5. Cabana 10.00 25.00/150% 1 .25.00 6. Canopy over Gas Island 10.00 10.00/0% 1 10.00 7. Christmas Tree Sales 10.00 10.00/0% 1 10.00 8. Civic Facility or Church 50.00 50.00/0% 3 150.00 9. Condominium 50.00 50.00/0% 40 2,000.00 10. Deck 10.00 15.00/50% 8 120.00 11. Docks 10.00 20.00/100% 25 500.00 12. Driveways, Paving or Parking Lots 10.00 15.00/50% 541 8,115.00 13. Dune Walkover 14. Structure -0- 40.00 15.00/NA -0- -0- Duplex 50.00/0% -0- -0- 15. Fences 10.00 10.00/0% 123 1,230.00 16. Gas Islands 10.00 25.00/150% 1 25.00 17. Guard House 25.00* 25.00/0%' 1 25.00 18. Garage/Carports 10.00 10.00/0% 146 1,460.00 00 19. Gas Pumps 25.00 25.00/0% -0- -0- 20. Horse Stables 10.00 25.00/150% 1 25.00 21. Mining Permit 400.00 400.00/0% 9 3,600.00 C'3 1 Zoning Department Com mnity Development Division Indian River County, Florida ,June 13, 1983 FEE CATEGORY CURRENT FEE PROPOSED FEES A INCREASE PROJE= ACTIVITY LEVET, PROPOSED REVENUE 22. Mining Permit Home 25.00 50.00/100% -0- Renewal $100.00 $100.00/0% Relief Station -0- 23. Mobile Hares 10.00 25.00/150% 268 $6,700.00 24. Nursery Hare 50.00* 50.00/0% 1 50.00 25. Patio/Screened Porch/Glass Roan 10.00 10.00/0% 410 4,100.00 26. Pond Permit 10.00* 20.00/100% 5 100.00 27. Pools 10.00 20.00/100% 128 2,560.00 28. Professional 36. Roof or Exten- Buildings/Rental sion of Roof 10.00 Offices/Ccaim. 56 560.00 37. Signs Buildings 50.00 50.00/00 48 2,400.00 29. Radio Tower 10.00* 50.00/4000 -0- -0- 30. Recreation Building 10 00 25 00/150% 4 31. Relocation of 00.00 Home 25.00 50.00/100% -0- -0- 32. Relief Station -0- 10.00/NA 1 10.00 33. Remodeling 10.00* 10.00/0% -0- -0- 34. Resid. Permits: Single -Family 25.00 25.00/0% Multi -Family 5.0.00 50.00/0% 649 16, 225.00 35. Retaining Wall 10.00 15.00/50% 1 15.00 36. Roof or Exten- sion of Roof 10.00 10.00/0% 56 560.00 37. Signs 10.00 10.00/0% 95 950.00 M 38. Spa 1:0.00* 25.00/150% 3 75.00 co 2 Ckj Zoning Departnent Coammity Development Division 4 Indian River County, Florida June 13, 1983• WD FEE CATEGORY CURRENT PROPOSED FEES PRQJE= ACTIVITY PROPOSED REVENUE FEE /%INCREASE LEVEL 39. Temp. Flea 50.00/NA 28 1,400.00 Admin. Appeals -0- 50.00/NA 21 Market $ 10.00* $ 10.00/0% -0- -0- 40. Temp. Trailer 00 Zoning Ordinance 12.50 15.00 Permit 10.00* 15.00/50% 33 $ 495.00 41. Temp. Elec. 25.00 Misc. Ordinance 1.00 5.00 Pole 10.00* 10.00/0% -0- -0- 42. Tend. Observ. 15.00 CC *Indicates fee charged although not a fee specifically approved by the Board of County Commissioners, Platform 10.00* 10.00/0% 1 10.00 43. Temp. Tent 10.00 25.00/150% -0- -0- 44. Townhouse 50.00 50.00/0% -0- -0- 45. Transient Merchant Permit 10.00 10.00/0% 11 110.00 46. Underground Tanks 10.00* 1.0.00/0% -0- _0- 47. U.S. Post Office 35.00* 50.00/43% 1 50.00 48. Utility Bldgs. 10.00 15.00/150% 79 1,185.00 49. Warehouse 50.00* 50.00/0% 5 250.00 50. Water Booster Station -0- -0- -0- 51. Water Treatment Plant 25.00* 1 25.00 52. Home Occupation -0- 25.00/NA 8 200.00 Variances 50.00 50.00/NA 28 1,400.00 Admin. Appeals -0- 50.00/NA 21 1,050.00 Easement Releases 75.00 75.00/NA 25 1,875.00 M Publications: 00 Zoning Ordinance 12.50 15.00 �- Subdivision Ord. 3.00 15.00 Comprehensive Plan 15.00 25.00 Misc. Ordinance 1.00 5.00 Stormwater Management i Ordinance 3.00 15.00 CC *Indicates fee charged although not a fee specifically approved by the Board of County Commissioners, fee was based on similar, existing fees. 3 FINAL ASSESSMENT ROLL - PETITION PAVING - 10th COURT and 18th AVENUE The Board _reviewed the following memo dated 7/27/83: TO: The Honorable Members of the DATE: July 27, 1983- FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Final Assessment Roll - Petition Pavin 10th Court - 2nd Street to 4th Street 18th Avenue- 2nd Street to 4th Street FROM: James w.Davis P E: REFERENCES: Public Works D rector DESCRIPTION AND CONDITIONS The paving of 10th Court and 18th Avenue is complete. The final.cost and preliminary estimate for the work was: Final Cost/FF Prelim. Cost/FF Final. Cost Preliminary Estimate 10th Court $6.4794 $8.012 $21,119.46 $26,169.25 18th Avenue $6.9617 $8.267 $19,038.90 $26,169.45 All construction costs are under the original estimates. The. Final Assessment Rolls have been prepared and are ready to be delivered to the Clerk to the Board.. Assessments are to be paid within 90 days or in two equal installments, the first to be made twelve months from the due date and the second to be made twenty-four months from the due date at the rate of interest established by the Board of County Commissioners. The due date is 90 days after the final determination of the special assessment. The interest rate shall be 12% per annum. ALTERNATIVE AND ANALYSIS Since the final assessment to be benefitted owners will be less than computed on the preliminary assessment rolls, the only alternative presented is to approve the final assessment rolls. The front footage total for 18th Avenue has been increased since the County.has abandoned 3rd Street right-of-way. RECONMENDATIONS AND FUNDING It is recommended that the Final Assessment Rolls for the paving of 10th Court and 18th Avenue be approved by the Board of County Commissioners and that they be transmitted to the Office.of the Clerk to the Board for -collection. Michelle Terry of the Public Works Department presented staff's recommendation to approve the final assessment rolls for the paving of 10th Court and 18th Avenue. 36 AUG 3 1983 . PAGE 0.1. AUG 3 198354 PAGE 7,15 Chairman Bird asked when the two equal installments were due and was advised that the assessment was due 90 days after the Board approves the final assessment roll. Attorney Brandenburg explained that interest runs during the period of payment, and if two equal installments were made-, one is due in 12 months, and another in 24 months. Commissioner Lyons wanted to congratulate the Public Works Department in regard to keeping the costs down and getting the work done in good time. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the Final Assessment Roll for petition paving of 10th Court, 2nd St. to 4th St., in the amount of $21,119.46; due in 90 days, or in equal installments, the first to be made in 12 months from the due date, and the second to be made 24 months from the due date, at the interest rate of 12% per annum. .ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the Final Assessment Roll for petition paving of 18th Ave., 2nd St. to 4th St., in the amount of $19,038.90; due in 90 days, or in equal installments, the first to be made in 12 months from the due date, and the second to be made 24 months from the due date, at the interest rate of 12% per annum. (ASSESSMENT ROLLS ON FILE IN OFFICE OF THE CLERK) CHANGE ORDER #8301-1 - DOUBLE SURFACE TREATMENT PAVING IMPROVEMENTS The Board reviewed the following memo dated 7/26/83: 37 _ TO: ©ATE: The Honorable Members of the July 26, 1983 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Projects 8301, 8302,8303,8304,& 8305 Double Surface Treatment Paving Improvements - Change Order 8301-1 P FROM: James w. Davis, P.E. , REFERENCES: Public Works Division DESCRIPTION AND CONDITIONS During the regular meeting of the Board of County Commissioners on July 6, 1983, a Contract in the amount of $135,800 was approved for the subject projects with Dickerson Florida, Inc. When the project was advertised for bids, no performance bond was required since no single project was -estimated above $30,000 and the Public Works Division wanted to encourage local contractors without bonding capabilities to bid. There was a provision in the bid documents that the County reserves the right to construct soil -cement base under its present annual contract. At this time, the Public Works Division staff recommends deleting 14,667 s.y. of soil -cement base from the approved contract thereby reducing the contract amount from $135,800 to $96,932.45. The 14,667 s.y. of soil -cement base for the 32nd Avenue project and the 1st Street project has already been constructer using the annual bid price of $2.65 -per square yard which is the same as the recently bid price. ALTERNATIVES AND ANALYSIS Alternative No. 1: To comply TiETTlorida Statutes which requires a Performance Bond for any "Public. Work" contract in excess of $100,000, staff recommends deleting 14,667 s.y. of soil -cement base from the subject contract. Alternative No. 2: equest D3:r erson Florida, Inc. to provide a performance bond in the amount of $135,800.. This would involve an additional cost to the County of approximately $1,500. RECOAVOMATION AND FUNDING The Public Works Division staff recommends approval of Change Order 8301-1 deleting 14,667 s.y. of soil -cement base from the subject contract thereby reducing the Contract amount to $96,932.45. The Performance Bond for the project is recommended to be waived. There are not additional funding considerations. Administrator Wright reported that there had been a mistake on this and explained that the bids received were in excess of $100,000 , which requires a bid bond, and that a bid bond was not required in the original contract 38 ;. PAG - AUC 3 198 ._ 3 AUG 3 1983 54 PAv 2 . documents. What is suggested now is that we delete the soil cement from this current contract and pick it up under our existing annual contract at the same price. This would put it under $100,00, making a bid bond unnecessary. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved Change Order #8301-1 on the double surface treatment paving improvements, as recommended by staff. 39 CHANGE %_ DiStTlIM11011 tui ORDER OWNER AIA DOCUMENT ARCHITECT 6701 CONTRACTOR El FIELD 1-1 OTHUR LJ_ County PROJECT: 8301,8302,4303,8304,8305 CHANGE ORDIR NUMBER: 8301-1 (name, address) Double Surface Treatment Paving Imp. - Indian River County, Florida INITIATION DATE: August 1, 1983 TO (Contractor): Engineer I F A4WAW YI PROJECT NO: 83-1,83-2 n4 1— rson Florida, Inc CONTRACT FOR: Double Surface Treatment Paving P.O. Drawer 719 Improvements Stuart, Fl. 33493 L _J CONTRACT DATE: August 1, 1983 You are directed to make the following changes in this Contract: 1) Revise the Contract Sun on Page,PA-1 from $135,800.00 to $96,932.45 This change is a result of the County having exercised its right -under the orginal contract -documents, Page FA -4 to construct 14,667 s.y, of soil cement base for Project # 8301 and 8303 under the existing annual contract with Dickerson Florida, Inc. prior to the date of execution of this contract and change order. Not valid until signed by both the Owner and //C//,/c/ Engineer Signature of, the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was ..................... $135,800 Net change by previously authorized Change Orders ................................... $ 0 13- 5 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ '800 The (Contract Sum) (9000000abWadm4wabm will be (�� decreased) i9oabmag& by this Change Order ..................................... ................... $ 38,867.55 The new (Contract Sum) including this Change Order will be ... $ 96,932. . 45 The Contract Time will be (bMucvcdbbb&(n0t0&(unchanged) by Days. The Date of Substantial Completion as of the date of this Change Order therefore is September 29 1983 DICKERSON FLORIDA, Inc. Xumft Engineer CONTRV-.A(J E)RAWtK / I H'Ift"I Address AdZWFRT3,1,-FI.,0R1DA 33495- C DA _ CD�A By ? ��J �'3 AIA DOCUMENT 6701 . CHANGE ORDEK - 1 THL AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW -AUG 11983 AIA' . Q 19"ti iNL-kiN, DA. _14Axx, 39a Authorff. MY 25th Street Adclrest. BY DAIE 8/3/83 6701 i9ag 54 PAU 9MA AUG 3 198, , 4 Pact ,- MINOR SITE PLAN APPEAL - THOMAS BEATTY The Board reviewed the following memo dated 7/26/83: Tr)- DATE: FILE: The Honorable Members of the Board of County Commissioners July 26, 1983. SP -82-04-060 DIVISION HEAD CONCURRENCE: SUBJECT: BEATTY MINOR SITE PLAN APPEAL atrick Bruce King, ICP Community Development Div. Director FROM: REFERENCES: Bob Keating, AICP..14� Beatty Appeal Planning & Zoning Mgr. WORKB , it is requested that the data herein presented be given -formal consideration by the Board of County Commissioners at their regular meeting of August 3, 1983. DESCRIPTION & CONDITIONS 1. Thomas Beatty, 1486 Pelican Lane, first approached the Zoning Department in February of 1983 to obtain an after -the -fact permit for a six foot, front yard fence and a permit for a six foot fence surrounding the remainder of his property. Since his fence would exceed the height limitations for front..(3 feet) and side yard (5 feet) fences, as specified in the Zoning Code, a permit could not.be issued. Mr. Beatty was then incorrectly advised by the Zoning Department staff to submit a variance request for the fence. After submitting a variance request, Mr: Beatty was informed that the correct procedure for obtaining approval for a fence which exceeds the height limitations of the Zoning'Code is to submit a minor site plan request. Mr. Beatty then submitted a minor site plan application for approval of a six foot. cedar fence, a portion of which had already been constructed without a permit, to completely surround his property. The subject property is located within the R-lA, Single -Family Reni.dential. Zoning District. 40 On the basis of a site inspection, the Planning Depa):trdent staff determined that of the approximately 17 single-family homes fronting on Pelican Lane, five have existing fences or walls. There are two 3 foot open rail fences extending along rront property lines, two 4 foot walls with gates at driveway entrances, and one 4 foot chain link fence surrounding the rear yard of a residence. Since no fences similar to that requested by the applicant were found to exist within the vicinity of his residence and because of the characteristics of the existing six foot, front yard fence, the Planning Department staff determined that the fence was not visually compatible with the rest of the community and recommended that the Planning -and Zoning Commission deny Mr. Beatty's request. The Planning and Zoning Commission addressed the Beatty minor site plan application at its June 23, 1983 meeting. At that time, Mr. Beatty presented additional information to supplement his minor site plan request. He stated that the primary reason for the fence is safety, to protect his children from dogs running loose in the neighborhood. He'noted that there are several front yard fences exceeding five feet in height located on Wynn Cove, the street just north of Pelican Lane. He also noted that his fence is visually compatible with the area and acceptable to his -neighbors. By a 4-0 vote, the Planning and Zoning Commission denied -Mr. Beatty's request for approval of a six foot cedar fence surrounding his property. The reason for denial was visual incompatibility of the fence with the surrounding area. ALTERNATIVES & ANALYSIS Based upon its finding that the fence is visually incompatible with the area, the Planning and Zoning Commission denied Mr. Beatty's request. Besides denial, the only Other alternative available to the Commission was to approve Mr. Beatty's request. Since the Commission determined that that portion of the fence which already exists is visually incompatible with the neighborhood, the Commission could not approve the regnest for exceeding the height restrictions specified by the ?oning Code. The applicant, however, does have an alternative. He can obtain a permit for, and then constrdct, a fence meeting the height limitations specified by the Zoning Code. -'According to Section 25(i) of the Zoning Code, front yard fences may.,not exceed three feet in height, side yard fences may not exceed five feet in height, and rear yard fences may not exceed six feet in height. RECOMMENDATION The Planning Department staff recommends that the appeal..be denied and the action of the Planning and Zoning Commission be upheld. 41 BOOK 54 PAct AUG 3 1993 AUG 3 1983 Bob Keating, Planning & Zoning Manager, gave a brief summary of Mr. Beatty's application for an after the fact permit to build a six-foot, front yard fence and a six-foot fence surrounding the remainder of this property. The Planning & Zoning Commission addressed the Beatty minor site plan application on June 23, 1983. At that time, Mr. Beatty presented additional information and stated that the primary purpose for the fence is safety, to protect his children from dogs running loose in the neighborhood. Mr. Keating reported that the Planning and Zoning Commission had denied Mr. Beatty's request for approval of a six-foot cedar fence surrounding his property. The reason for denial was visual incompatibility of the fence with the surrounding area. Mr. Keating informed the Board that since the denial, there has been another dog incident in the neighborhood and Mr. Beatty has notified the Sheriff's Dept. It is still the recommendation of staff, however, to deny the appeal. He `advised that'Mr.' Beatty does have an alternative of putting up a fence around his property as long as it conforms with the requirements of the Zoning Code that the fence not exceed 3 feet in height in the front yard, 5 feet on the sides and 6 feet in the rear yard. Mr. Beatty, 1486 Pelican Lane, addressed the Board and pointed out that there were three homes in Pelican Cove where the front yard fences exceed 4 feet, which is contrary to the ordinance as written. Mr. Beatty felt the real issue is whether the Commission is going to let the arbitrary fence limitation interfere with the safety and the protection of his family. He felt that one wouldn't know what the real issue is by reading the article in Tuesday's edition of the Press Journal or by reading the analysis and recommendations and the extracts from the Planning & Zoning Commission meeting 42 of June 23rd. He felt that the safety issue was skirted very neatly at that meeting. Mr. Beatty found it odd that the three neighbors who would be most affected by the fence feel it is compatible and presented an affidavit from Mr. Gene Gagliardi of 1475 Pelican Lane, who lives across the street and would be the individual looking at the fence. Mr. Beatty wondered if the County was going to assume the responsibility for the safety of his children if the fence is not allowed. He asked if it was going to take a child to be bitten before the Planning & Zoning Commission comes down off Cloud 9 or Mt. Olympus or wherever they think they are. Chairman Bird noted that Mr. Beatty lives in a very nice neighborhood and questioned what type of dogs are running loose, and Mr. Beatty replied that these dogs are very high class dogs, Doberman Pinschers and German Shepherds. Chairman Bird asked Mr. Beatty if he felt a 3 -foot fence as specified in the Zoning Code was not adequate. Mr. Beatty felt a six-foot fence was necessary because a Doberman could easily scale a 3 -foot fence. Commissioner Wodtke asked if this appeal was approved, would this lead to other 6 foot fences and Mr. Keating stated that staff is reluctant to recommend approval of any front yard fences, in particular, which exceed the height limitation. They look a lot more carefully at visual compatibility from that regard. However, he confirmed there is one chain link fence, and two rock wall fences in the neighborhood that exceed 3 feet. Commissioner Lyons reported that he had gone out there yesterday and looked at the fence and, frankly, he felt that the fence sticks out like a sore thumb. He understood that Mr. Beatty wants to protect his family, but felt the fence 43 BOOK 54 PA02.2 AUG 31983 - A U 3 31933 It 54 mu22-3 was rather an extreme way to do it. He stressed that the County has just adopted an Animal Ordinance to control situations such as this, and if Mr. Beatty is being bothered by stray dogs, all he has to do is dial 911. Attorney Brandenburg advised that the Commission has the option, other than approval or denial of the appeal, to make a determination that the Planning & Zoning Commission was incorrect and modify their order with respect to allowing the fence to remain in any way they wish, and to find that it is visually compatible at a certain height to allow it to exist in the front yard. Commissioner Wodtke suggested that since there are other 4 -foot fences in the neighborhood, that a 4 -foot -fence be allowed in the front and a 6 -foot fence on the sides and rear. Air. Beatty reported that the fence is sitting in a fairly low excavated area and that if the grade were restored to"the original grade, the fence would not be 6 feet high. Commissioner Bowman asked if this fence would be more visually acceptable if shrubbery was planted in front of it and Commissioner Lyons felt it would help, but pointed out that the 6 -foot fence was the only one in the neighborhood. He felt that we have a standard and we should recognize the standard. Commissioner Bowman stated she could not vote for the appeal and flaunt the ordinance, but.her feelings were with Mr. Beatty. She has always liked fences, especially attractively landscaped ones. Chairman Bird felt that he could go along with Commissioner Wodtke's suggested compromise of a 4 -foot fence in the front yard. Commissioner Bowman asked if Mr. Beatty would agree to a 4 -foot fence in the front and Mr. Beatty stated that he is 44 AUG J willing to have the grade restored to the original elevation. Mr. Beatty stressed that it was not his purpose to screen the house. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board by a vote of 3-1 with Commissioner Lyons dissenting, modified the order of the Planning and Zoning Commission on the site plan to the extent that a fence reaching 4 feet high from the original grade elevation be allowed in the front yard and a 6 -foot high fence be allowed on the sides and the rear of Mr. Beatty's property. ADOPTION OF RESOLUTION FOR QUIT CLAIM DEED - DOUGLAS SCHOOL TO BECOME HEALTH CLINIC Attorney Brandenburg reported that a resolution has been prepared which would authorize the execution of a Quit -Claim Deed turning over Douglas School to the Florida Community Health Care Centers, Inc. and the West Wabasso Progressive Civic League. He has been holding the deed in escrow to be accepted and recorded at such time that the County worked out an acceptable agreement with both parties. Attorney Brandenburg reported that he had prepared a deed and presented it to Mr. Fred Diaz, Director of Florida Community Health Centers, who subsequently presented it to his Board. They have suggested certain modifications on the deed: On Pages 1 and 2, the Reversionary Clauses, stay the same, except for (e) on page 2. He explained that the agreement originally proposed that Indian River County was to have four representatives on the corporation's Board of Directors. However, Mr. Diaz had informed him that their 45 3 1983 e`c►c��54Ac II AUG 3 1983 Board was getting too large due to the new service areas and suggested that representation from Indian River County be the same proportionately as the representation from the other counties, based on the amount of services rendered in the counties, and that at no time should the representation from Indian River County drop below two members on the Board of Directors. On Page 2,.Item 3 Attorney Brandenburg explained that the clause was worded originally that if the organization should cease to exist or was involuntarily dissolved by the State of Florida or whatever, the property would revert back to the County. Por. Diaz requested some provision be made so if a successor organization that was designed for the exact same service purposes would take over the Corporation's operations, they would be able to transmit the property and responsibilities to the successor organization. On Page 2, under RESERVATION OF USE, Attorney Brandenburg explained that the County wanted the right to use any portions of the property or facility that were not in use by either the Corporation or the West. Wabasso Civic League for such County purposes as might come up in the future. The Corporation asked that this be reworded somewhat so that it would indicate any use that the County would put on the premises would not interfere with their existing uses on site. Further, that the County would give them reasonable notice of intentions to use the site and that the County would pay their fair share of the cost of using the site as far as maintenance and other expenses was concerned. In addition, the Corporation requested an indemnification and hold harmless clause in the agreement so that should the County come in and use the site for any activity, the County would be responsible, not the 46 Corporation. That is contained on Page 3, (e), which is an entirely new paragraph. Attorney Brandenburg also pointed out that on Page 2, item 2, a clause has been added designating a successor organization to the premises should the West Wabasso Progressive Civic League ever terminate their lease, the County would have the right to designate a successor organization to take over their role. Attorney Brandenburg stated that attached to this deed and incorporated by reference into it is whatever was worked out between the, League and the Corporation. The two groups have independently worked out that arrangement, and we have incorporated that herein so that there would be no confusion as to the League's rights under the deed. Attorney Brandenburg asked Mr.Diaz if he wanted to comment on the deed. Mr. Diaz addressed the Board and explained why the Corporation had requested the changes indicated by Attorney Brandenburg. He gave a brief summary.of the Corporation's activities and service areas in seven counties. He reported that the Corporation is intending to make extensive restoration in the area and there area lot of Federal dollars involved. Commissioner Wodtke asked Attorney Brandenburg if the County had the right of access to water and sewer when using the property and Attorney Brandenburg confirmed that if the County gave reasonable notice in advance of any use of the facility or site and agreed on a cost sharing arrangement of the utilities, that these are things that would be worked out on a one by one basis. Attorney Brandenburg asked Mr. Diaz that should the County, for instance, request to use the site for a ballgame and have the use of the restroom facilities there, would he have the authority to approve that use and the cost sharing 47 AUG 3 1993ctoK : Pict AUG 31983 R ?AG( arrangement without having to take it to his Board each time. Mr. Diaz answered that if it is to be a permanent, long-range activity, the Corporation's Board will have to approve it, but if it is strictly temporary, he felt sure that he had the authority to approve it. Mr. -Diaz assured Commissioner Wodtke that the Corporation will insure the entire complex and have a binder put.on it immediately upon execution of the papers. He requested the full legal description of the property. Commissioner Wodtke was assured that the West Wabasso Progressive Civic League was incorporated. Wayne McDonough, attorney representing the West Wabasso Progressive Civic League commented on the RESERVATION OF USE provision in the deed. His concern was for the County to be aware that at any time the County should wish to use the unused portions of the facility or site, it would be subject to the provision in the lease between the Health Center and the League; namely, in the lease document under provision 3-B which is attached to the deed, it states that basically any additional building space and playground area will'be made available to the League as requested. Attorney Brandenburg explained that the County has the right to go in and use any unused portions after they make arrangements with Mr. Diaz's group and do not have to obtain the permission of the West Wabasso Progressive Civic League. Mr. McDonough also commented on one other point under the reversionary clause, specifically, the representation of Indian River County on the Board. On Page 2, (e), he would like to request that provision be made for the League to have representation on the Corporation's Board of Directors. Attorney Brandenburg explained that the way it is written now, it is open to the discretion of the Indian River County Board of Commissioners to appoint two representatives, be they from the WWPCL or other individuals. Mr. McDonough felt this was the proper time to formally request that the Board of County Commissioners give the League assurance that they would have representation on the Corporation's Board. Commissioner Lyons felt that the agreement as written does not give the Indian River County Board of Commissioners the right to choose their representatives, and Mr. Diaz stated that was the way their Board understood it. It was agreed that the agreement be changed to read, "In no event shall there be fewer than two representatives of Indian River County on the Board'of Directors, at least one of whom to be a representative of the West Wabasso Progressive Civic League, or its successor." Commissioner Wodtke asked what was going to happen to the classroom space in areas A & B in the diagram of Douglas School. Mr. Diaz explained that USC was interested in subleasing the four classrooms directly behind Area B, and they would contact them upon execution of this agreement. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Lyons, the Board unanimously authorized the County Attorney to accept and record the deed from the IRC School Board, adopted Resolution 83-56 authorizing the Chairman's signature on the Quit -Claim Deed to be delivered to Mr. Diaz for recording, and that the Deed is to include the changes in regard to representation as discussed in this meeting. In discussion, Commissioner Wodtke requested a copy of the binder on the insurance policy. AUG 3 1983 49 BOOK. $ way. AUG 3-1983 x 54 Pw 29 Chairman Bird asked how long it would be to turn this property over to them and Attorney Brandenburg said it could be done this afternoon. Mr. Diaz requested that the School Board or County engineers assist their architect in identifying some of the areas so that they could start to get the sewage and water plant back into shape and that they might have access to the blueprints, etc. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 50 RESOLUTION NO. 83-56 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE A QUIT -CLAIM DEED CONTAINING REVERSIONARY AND RESERVATION OF USE CLAUSES FOR THE DOUGLAS ELEMENTARY SCHOOL SITE TO FLORIDA COMMUNITY HEALTH CENTERS, INC.. WHEREAS, the School Board of Indian River County has previously conveyed the Douglas Elementary School site to the Board of County Commissioners of Indian River County to be used by the County for public purposes, and WHEREAS, the Board of County Commissioners of Indian River County has received requests from Florida Health Community Centers, Inc. and the West Wabasso Progressive Civic League to use the site for community purposes, and WHEREAS, the two organizations have now entered into an agreement for joint use of the facility, and WHEREAS, the terms of the agreement are set forth in a lease that is attached to the deed conveying the property to the non-profit organization, and WHEREAS, the.Florida Community Health Centers, Inc. intends to provide medical services and other support services to residents of Indian River County and the West Wabasso Progressive Civic League intends to provide a community oriented facility, and WHEREAS, the attached Quit -Claim Deed conveys the property to Florida Community Health Centers, Inc. subject to reversionary and right to use clauses for the nominal considera- tion of $10.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. The County Commission finds and determines pursuant to Florida Statutes §125.38 that the uses intended to be esta- blished by Florida Community Health Centers, Inc. and the West Wabasso Progressive Civic League are in the public's benefit, community interest and welfare, and 2. That the Chairman of the Board of County Commissioners and Clerk are authorized to execute the attached 51 BOOK � MEMO _x_ Au G 3 1983 _. AUG 3 1993 rAc� 231 Quit -Claim Deed, and the County Attorney is authorized to record same in the Public Records of Indian River County. The foregoing resolution was offered by Commissioner Bowman 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 VierChairman Don C. Scurlock, Jr. Absent 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 3rd day of August , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RIC ARD N. BIRD Chairman Attest••4*4,'%, /�( F DA�K�G� APPROVED ZS TO FORM AND LE SUFF rRNC By Y BR rn DE B C unty Atto 52 ¢JIT -CLAIM DEED �I THIS QUIT -CLAIM DEED, executed this Z Mp day of September, 1982, by the SCHOOL BOARD OF INDIAN RIM COUNTY, first party, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address is 1840 25th Street, Vero Beach, Florida ,i 32960, second party: i� (Wherever used herein the terms "first party" and "second party" shall i, include singular and plural, heirs, legal representatives, and assigns of individuals, and the. successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: j That the said first party, for and in consideration of the sums i± of $10.00 in hand paid by the said second party, the receipt whereof is 4 hereby acknowledged, does hereby remise, release and quit -claim subject to the Reversionary Clause set forth below unto the said second party, forever, all the right, title, interest, claim and demand which the i said first party has in and to the following described lot, piece or ,I parcel of land, situate, lying and being in the County of Indian River, State of Florida, to wit: Beginning 210 feet, South of the North-East corner of Northwest 1/4 of the Northwest 1/4 of Section 32, �6 Tawnship 31, South of Range 39 East, and running South 420 feet thence West 210 feet thence North 420 feet thence East 210 feet to point of beginning, said CP A„ tract containing two acres more or less.together with -- the parcel described as p From the Northeast corner of the Northwest quarter of the Northwest quarter, Section 32, Township 31 South, Range 39 East, run South 210 feet to a ri run West 210 feet to the int of point, thence z l: �, point beginning. thence ; 4=cl run West 231 feet thence run South 780 feet, thence run East 441 feet thence run North 360 feet, thence y,$ run West 210 feet, thence run North 420 feet to the v W point of beginning. All less the East 30 feet of road right of way. y� REVERSIONARY CLAUSE c The subject property shall automatically revert to ownership of �0 the first party if the property is ever sold or used for other than I\ public_ purposes. LAW OFFICES OF COLLINS. BROWN. CALDWELL& CARTER AJ P. O: BOX 3686 - 744 BEACHLAND BOULEVARD - VERO BEACH, FLORIDA 32960 PHONE 231-4343 p� i I P. O. BOX 266 - 221 NORTH U. S. NO. 1 - SEBASTIAN, FLORIDPM3 6 �� ►�T j PHONE 589-3156 L.�_,_ AUG 3 193-_�W Amo sP 205 • AVG • 3 1983 PAGE TO HAVE AND M HOLD the saute together with all and singular the appurentances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHERMF, the said first party has signed and sealed .i these presents the day and year first above written. I ii Signed, sealed and delivered I.'In the presence of: J STATE OF FLORIDA 1 COUNTY OF IRIDIAN RIM SCHOOL BOARD OF INDIAN RIVER COUNTY BY: I HEREBY CERTIFY that on this day, before me, an officer duly 1 authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared GARY LINDSEY, Chairman and JAMES A. BURNS, Secretary, to ne ]mown to be the per described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. II WITNESS my hand and official seal -in the County and State last IL aforesaid this -20thday of September, 1982. PUBLIC O MY commission expire: f .d ry ,jogde3 3Y. L•.munw7 . _ C-s.a:ir � -, .. , 0 4•• CL If { C" i.,.. � 0668P�6E2 J AUG QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this 3rd day of August , A.D., 1983, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address is: 1840 25th Street, Vero Beach, Florida 32960, first party, to FLORIDA COMMUNITY HEALTH CENTERS, INC., a non-profit corporation existing under the laws of the State of Florida, whose post office address is: 2749 Exchange Court, West Palm Beach, Florida 33409, second party: WITNESSETH: That the said first party, for and in consideration of the sum of TEN DOLLARS ($10.00) in hand paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim subject to the Reversionary Clause and Reservation set forth below unto said second party forever, all the.right, title, interest, claim and demand which the said first party has in and -to the follow- ing described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to -wit: Beginning 210 feet, South of the North-East corner of Northwest 1/4 of the Northwest 1/4 of Section 32, Township 31, South of Range 39 East, and running South 420 feet; thence West 210 feet; thence North 420. feet; thence East 210 feet to point of beginning' said tract containing two acres more or less, together with the parcel described as: From the Northeast corner of the Northwest quarter of the Northwest quarter, Section 32, Township 31 South, Range 39 East, run South 210 feet to a point; thence run West 210 feet to the point of beginning; thence run West 231 feet; thence run South 780 feet; thence run West 441 feet; thence run North 360 feet; thence run West 210 feet; thence run North 420 feet to the point of beginning. All less the East 30 feet of road right of way. REVERSIONARY CLAUSE: This property shall automatically revert to the ownership of the first party if: 1. The property is ever sold or used for other than public purposes. 2. The party of the second part (Florida Community Health Centers, Inc., a non-profit corporation) DOC. ST. - WAT. S �v , FREDA WRIGHT, Clerk of C Cu t Ca"t �^ � ; � Boa 54 PAGE 23 Indian River. County - bll,:�=-��r �_ _ •- - h ,. C ff'' 3 1983 80 K� 6 PAGE 2 0 5 4 U`G 3 1983 o e ?5 (a) ceases to exist as a non-profit corporation, or (b) is not funded for any given year, or (c) fails to complete renovations and begin providing medical or supportive services to residents of Indian River County within nine (9) months of the date of this deed, or (d) fails to provide medical or supportive services to the residents of Indian River County for a continuous period exceeding ninety (94) days, exclusive of service interruptions caused by fire, windstorm or other casualty, or (e) fails to have at any time representatives of Indian River County on the corporation's Board of Directors in a number sufficient to provide representation which is proportional, based on the volume of services rendered to the Board representation afforded to.other communities served by the corporation. In no event shall there be fewer -than two (2) representatives of Indian River County on the Board of Directors, one of which shall be a representative of the West Wabasso Progressive Civic League or successor organization. 3. The parties acknowledge the possibility that, in the future, the funding and programs of party of the second part may be transferred to another non-profit corporation, or other entity, providing similar programs and services. In the event of such a transfer, the subject property may be conveyed to the transferee, and such a conveyance shall not cause a reversion pursuant to this Reversionary Clause. Should the property, subject to this deed, ever revert, pursuant to,this Reversionary Clause, all permanent improvements and non -removable fixtures shall become the property of the first party. RESERVATION OF USE: The party of the first part hereby reserves the following rights and interests: 1. To use for public purposes any portions of the demised premises not in use by the party of the second part, subject to the following: (a) The use by party of the first part shall not unreasonably interfere with the then existing uses of other por- tions of the property by,party of the second part. R as BPA, sE2n55 ' or ® .. (b) Party of the first Dart shall give party of the second part reasonable advance notice of its intentions to use any portion of the property. (c) Party of the first part shall, at its own exDense, maintain any portions of the property used by it, as well as any structures or facilities erected thereon. (d) Party of the first part shall, upon written notice from party of the second part, promptly reimburse party of the second part for any reasonable costs or expenses incurred by party of the second hart as a result of party of the first part's use of the property. (e) Party of the first part shall indemnify party of the second Dart, and its directors, officers, employees and agents, against any claim, demand or suit, for personal injury, property damage or other injury, arising or resulting in any way from party of the first part's exercise of the reservation of use rights set forth herein. The foregoing indemnification shall include defense costs and reasonable attorney's fees incurred in any trial or appellate proceedings. Party of the second part shall promptly notify party of the first part of the assertion against party of the second part of any claims, demands or suits within the purview of foregoing indemnification. 2. To designate a successor organization to use the portions of the premises covered by the Lease Agreement dated April 28, 1983 between Florida Community Health Centers, Inc., and the.West Wabasso Progressive Civic League, a copy of which is attached hereto and incorporated herein by reference,, in the event the West Wabasso Progressive Civic League ever terminates the lease. Any such successor organization shall have goals, programs and uses of the premises similar to those of the West Wabasso Progressive Civic League. 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 AUG 31983 _3_ 54 BOOK 0668PAOE205b AUG*%-- 3 1983,. P,Au 7 of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents to be signed and sealed the day and year first above written. Signed, sealed and delivered INDIAN RIVER COUNTY by its BOARD OF COUNTY COMMISSIONERS By WitZ&s RICHARD N. Attest Witness F P STATE OF FLORIDA COUNTY OF INDIAN RIVER � � :ter•.. ' _ 'YAll' ! , I HEREBY CERTIFY, That on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RICHARD N. BIRD, as Chairman of the Board of County Commissioners of Indian River County, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 1983. N Public State of Florida.at.' Large. My commission expires: SlZan of 111y Ex iids daffy 22, i.0i'15J•t�'• Q668FASE209" cs N Public State of Florida.at.' Large. My commission expires: SlZan of 111y Ex iids daffy 22, i.0i'15J•t�'• Q668FASE209" REQUEST TO PURCHASE FUEL FROM COUNTY - ASSOCIATION FOR RETARDED CITIZENS AND THE VOCATIONAL TRAINING & SHELTERED WORKSHOP The Board reviewed the following memo dated 7/27/83: T0: The Honorable Members of DATE: July *27, 1983 FILE: the Board of.County Commissioners THRU• Michael WrightASSOCIATION FOR RETARDED SUBJECT: CITIZENS - REQUEST TO County Administrator PURCHASE FUEL FROM COUNTY GENERAL SERVICES DIVISION FROM: '**c (S �' . `'"'�'`',� REFERENCES . B. Hardin, J P D. Asst. to County Administrator It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at the regular meeting on August 3, 3983: DESCRIPTION AND CONDITIONS During the recent budget reviews it was necessary for the Board of County Commissioners to eliminate funding for several charitable organizations during the 1983-84 budget year. Among these organi- zations eliminated was the Association for Retarded Citizens of Indian River County, Inc. and the Vocational Training and. Sheltered Workshop in Indian River County. In an attempt to continue to support some of these organizations the Board approved the purchase of gasoline from the County and instructed staff to make all neces- sary arrangements with approved agencies. 'This 'organization has requested they also be allowed to purchase gas through the County. ALTERNATIVES AND ANALYSIS Staff's market survey indicates the price paid for regular gasoline at fuel stops within Indian River County by -The Association for Retarded Citizens is $116.9 cents per gallon. The County pump -price currently is $1.07, a difference of $9.9 cents per gallon. Infor- mation from the Association states that the Association purchased 4,895 total gallons of gasoline. By purchasing from the County, this could result in a savings of approximately $484.70 at present prices. By October 1, 1983, larger storage capacity should be available at the County garage This will enable the County to purchase fuel at $99. cents per gallon. At this price a savings on 4,896 gallons will probably result in a total savings of $15.9L cents per gallon or $778.46 annually. Staff would require that all vehicles be properly marked so there would be no problem insuring that no private vehicles were gassed. Drivers would be issued County .ID cards which would be used.to enter grounds and properly identify as authorized personnel. Separate records would be maintained and billing would be forwarded at the end of each month. RECOMMENDATION: Staff recommends approval of the request to allow the Association for Retarded Citizens and the Vocational Training and Sheltered Work- shop purchase gasoline from the County. 53 AUG 31983 BOOK � ��� r AUG . 1983 ;. 5%4 PAv,23 9 acro Commissioner Lyons asked if the County could actually operate on credit in situations such as this where an outside organization would be purchasing gasoline from the County. Attorney Brandenburg explained that the County requires—a deposit up front and does not allow a bill to exceed the amount of the deposit. He felt the County would want to implement that same procedure at the fuel dispensing center. Administrator Wright reported that the County is billing private companies now on the landfill. Attorney Brandenburg reported that it is illegal for counties to extend credit, and advised that the Association will have to figure out the cost of their monthly usage, deposit that amount with the County, draw against that deposit and replenish it as needed. Administrator Wright suggested, for bookkeeping purposes, that they just post a deposit and the County will bill against that. That is really the technical way of doing it -- the same as a water deposit. Attorney Brandenburg stressed that was fine, just as long as they did not exceed the amount of the deposit. Chairman Bird thought it was great to help out needy organizations, but felt we should set a eligibility policy sometime soon. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Association of Retarded Citizens of Indian River County, Inc., and the Vocational Training & Sheltered Workshop in Indian River County to purchase gasoline from Indian River County. 54 Richard Kenny, Executive Director of Workshop on Vocational Training, on behalf of both organizations, thanked the Commission for granting their request to purchase gasoline from the County. NORTH COUNTY RECREATION AGREEMENT Attorney Brandenburg explained that the County has been funding the North County Recreation, Inc. for a number of years and it has come to the Board's attention that the County did not really have a formal agreement with the Corporation in regard to how the Corporation was to prepare and submit its budget, how the funds were to be used, and the ownership of the property bought with the funds. He has prepared an agreement and submitted it to Mr. Rene VanDeVoorde, Chairman of the North County Recreation, Inc., who suggested some changes to it. Both versions of the agreement were presented to the Parks & Recreation Committee. The Committee recommended the adoption of the version before you this morning. Unfortunately, Mr. VanDeVoorde was on vacation and unable to attend that meeting to discuss the issues he wanted changed. He is here today to discuss those changes. Mr. VanDeVoorde addressed the Board, and requested the following changes: On Page 1, third paragraph, delete Winter Beach and Gifford. Add Wabasso. On Page 2 - Item 6, - add to first sentence, "in accordance with County policy and Florida statutes." On Page 3, item 7, should read "shall assign at least one full-time employee to the project." Attorney Brandenburg raised the question of property ownership also mentioned in Item 6 on Page 2, and reported that Mr. VanDeVoorde wanted to add a clause stating that all 55 AUG -31983 Boa 5,4 FAU C1 0 -J AUG 31983 B . COX 4 phu,241 future purchased property would be forever devoted directly to purposes in the North\County area. Mr. Van.DeVoorde explained that they did not not want to be in a position that after purchasing equipment to have to move it down into some other part of the county. He felt that as long as they have an agreement, they want to be able to designate where the equipment is to be used. Attorney Brandenburg explained that the reason the County suggested that Item 6 on Page 2 remain the same was to avoid any future dispute on who owns the property and to clear up any question as to the County's ability to assign recreation assets, if deemed necessary. Commissioner Bowman asked when the inventory is done and Mr. VanbeVoorde advised it is done annually in the summertime during a break in their programs. Commissioner Wodtke felt that the County should have the ability to utilize the equipment if we budget money for -the North County, and did not know if the Board could stipulate that the property is to remain in one particular area. Chairman Bird felt that we should start out with a beginning inventory and Attorney Brandenburg stated that was the way this agreement read, that the County gets together with the Corporation and they go through all the assets, and determine what was purchased with County funds and moved forward from there. Chairman Bird pointed out that the major question still to be decided was whether capital improvements have to remain in the North County, or whether they are free to roam. Community services Director Thomas understood that under this agreement, the Corporation would have control of the assets unless the agreement is terminated and then the County would have control. 56 Attorney Brandenburg explained that the Corporation has control of how to utilize the assets, under this agreement. The County does not. The question is, after the agreement is terminated, does the County still have to maintain the assets that were bought with those funds up in the North County area. He suggested that it be clarified by stating that "during the period of time that this agreement is in effect, the assets purchased with these monies will be utilized in the North County area and upon termination, the County shall have total discretion of the use of those assets." Mr. VanDeVoord:e indicated the rewording was satisfactory. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the agreement and authorized the Chairman's signature on the agreement with the North County Recreation, Inc., with amendments as discussed today. 57 AUG -31983 BOOK i AUG 3 1993 ?/?t NORTH COUNTY RECREATION AGREEMENT THIS AGREEMENT entered into this day of , 1983, by and between North County Recreation, Inc., a not-for- profit corporation existing under the laws of the State of Florida, hereinafter referred to as "North County Recreation," and Indian River County, a political subdivision of the State of Florida, hereinafter referred to as "County;" WHEREAS, North County.Recreation is a non-profit corpor- ation dedicated to the community purpose of supplying recreational activities to residents in the North Indian River County area, and WHEREAS, Indian River County as part of its overall park and recreation program desires to cooperate with North County. Recreation thereby enhancing the recreational services and oppor- tunities available to the residents in the North County area com- prised of Roseland, Fellsmere, Sebastian, Wabasso and the general area north of Hobart Road., and WHEREAS, Indian River County declares the provision of recreational opportunities under this contract to be a valid public purpose and in the community's best interest. NOW, THEREFORE, the.parties agree as follows: 1. Each year, during the budget sessions of the County Commission, North County Recreation wi11 submit a detailed budget proposal listing the projects and programs proposed for the ensu- ing fiscal year and the estimated cost of each project together with an estimate of anticipated revenues, if any. The budget shall be submitted on forms supplied by the Indian River County Finance Department. 2. The County Commission shall review all proposals. submitted and shall fund such proposals that the Commission deter- mines are warranted in light of fiscal restraints and that best serve the needs of the North County residents. Based on such findings, the Board shall approve a budget for North County Recreation for the ensuing fiscal year. 3. In reviewing the projects the Commission may deter- mine that some projects are not in the best interest of the County f and shall not, in any event, be funded by the County. If during the fiscal year it appears that a funded and approved project no longer is feasible, the Board of Directors of the North County Recreation shall have the discretion to redesignate the funds budgeted for the unfeasible project to any other approved project that was not funded by the Commission. The County Commission shall be notified of any such redesignation and shall be given the opportunity to comment. 4. North County Recreation's Board of Directors shall manage and supervise all projects and participants therein which are undertaken with County funds pursuant to this agreement in a safe and economical: manner and shall endeavor to promote the recreational opportunities of all the residents in the North County area in a non-discriminatory fashion. No special privi- leges, preference or treatment shall be given to any individual or groups over that of any other and all programs shall be designed to afford equal recreational opportunities to all who wish to participate. 5. All funds budgeted by the County for the purpose of this agreement shall be expended by the Board of Directors of North County Recreation for the purposes specified in the budget or as redesignated pursuant to paragraph 3 herein. The Board of Directors shall have the authority to expend the funds. The Board of Directors whenever possible will make use of the Indian River County Purchasing Department to obtain the best price and best available equipment for the money spent. All invoices for equip- ment shall be directed to the Indian River Countv vinanna Department who will then review such invoices to verify that the expenditure is for an approved project within the budget and thereafter shall pay the invoice. .6. All personal property purchased in the past or future with the use of County funds shall become County property. All purchases shall be reported to the County and all items purchased shall be assigned County asset numbers according to County policy and Florida Statutes. Each year North County Recreation, Inc. shall conduct, with the help of the County, a -2 eca� � Pnc; 9. 319 AUG 83 r AUG 3 198 3 '54 FAIGE?45 thorough inventory of all assets purchased with County funds. During the life of this agreement all assets purchased under its terms shall be utilized in the North County area covered by this agreement. Upon termination of this agreement, the County shall have total discretion as to where to utilize the assets. 7. To aid in the performance of the goals set forth in this agreement Indian River County shall assign at least one full time employee to the project. This employee shall fall under the Indian River County Personnel Rules and Regulations but shall be under the immediate supervision of the Board of Directors of North County Recreation. As a County employee, the individual shall ultimately be responsible to the County Administrator. This employee will devote full time efforts to enhance the recreational opportunities in the North County area by implementing budgeted projects pursuant to this agreement. 8. Indian River County agrees to include the North County Recreation Board of Directors as well as approved projects and activities pursuant to this agreement within the scope of coverage of the County's insurance in such amounts as the County determines to be warranted from time to time. 9. This agreement shall continue in full force and effect unless terminated by either party by virtue of sending written notice of intent to terminate to the other by certified mail sixty (60) days in advance of the agreement termination date. IN WITNESS WHEREOF, the parties hereto have set their signatures on the date above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY RICHARD N. BIRD, Chairman Attest: FREDA WRIGHT, Clerk NORTH COUNTY RECREATION, INC. By APPROVED AS TO FORM AND Chairman LEGAL SUFFICIENCY: Attest: By Secretary GARY M. BRANDENBURG, County Attorney (seal) -3- M i DISCUSSION - SCHEDULING OF BUDGET WORKSHOP Administrator Wright recommended a budget workshop be scheduled sometime during the week of August 8-11. Commissioner Lyons wished to clarify one thing that has appeared in the newspapers, that the County did not "find" any money; what was found was the ability to tax more. He was not in favor of using that money, but he would like to discuss the possibility of restoring the $50,000 to the Vero Beach recreational program. It was agreed that the next workshop sheeting be held on Wednesday, August 10, 1983, at 9:00 o'clock A.M. DISCUSSION RE PURCHASE CONTRACT - 28 ACRES FROM GRAVES - COUNTY JAIL SITE Attorney Brandenburg explained that the site was not 28 acres and that a contract has been prepared for the Board's approval as requested at the previous meeting. He explained that the agreement is in a posture where the Board can execute it at any time prior to its expiration and enter into a binding agreement for the purchase of the property. At the time the original agreement was drawn up, the County was thinking that we could proceed with the City of Vero Beach in obtaining a lease agreement, and hoped to get something resolved in a 30 -day period. That turned out to be overly optimistic. Although the City has initially indicated its willingness to lease the property to the County, the property will have to be appraised and it will be sometime before the appraisal comes back. Then the entire transaction will have to be negotiated, the lease drawn, and approved by the FAA. Subsequently, it will have to be approved by the Vero Beach City Council. All of this taken into consideration, he felt the 30 -day timeframe of leasing the 10 acres from the City was just not possible. He advised that the Board can delay signing the Sales & 58 AUG 319 PAu A U G 31983 PAS 247 Purchase Agreement for the Graves site until the meeting of August 17th and still be within the timeframes provided in the agreement. Administrator Brandenburg explained that we might be leasing this property for years before we actually needed it for expansion of the criminal justice complex. Administrator Wright advised that the money to purchase the Graves property will come from the bond issue to build the jail. It will be a reimbursement item and we will pay for it now out of reserves, but it will put us in a position where we should have interim money before September 30th to build the jail. Commissioner Lyons felt that we should have another string in our bow, and preferred the purchase of the property rather than leasing it. He also felt it hasn't been fully explored that the City sell us the 10 acres or some other property by the airport. Attorney Brandenburg stated that the City has taken the position that they will not sell the property to the County, for financial reasons of their own. Attorney Brandenburg felt the Board had several options: 1) execute the agreement to purchase the 20 acres and proceed to acquire adjacent property from individual owners or.the City, 2) wait the two week period until the next meeting, as far as negotiations with the City are concerned, as well as the adjacent property owners, and 3) go back to Mr. Graves to see if he is willing to extend additional time for the County to work out this problem on this agreement and hold his price firm in the meantime. Administrator Wright felt there was no question of our wanting the Graves' site at this point. It is only a question of what is the best advantage on additional property and recommended that we keep every avenue open. 59 M M - Commissioner Lyons felt that we could keep the avenues open without making a decision today and wished to take the position of delaying a decision on the Graves property until the next meeting since we have until August 25th to sign the agreement. Administrator Wright reported that the County conveyed the:thoughts to the City staff that we have a responsibility to seek the best option to the County in acquiring a jail site. Mr. Frank Zorc addressed the Board and suggested another option, that the County pursue trying to convince the City to sell a site for the jail, and it need not be the 10 acres adjacent to the jail site. He reported there are several pieces of airport property that are really not needed for airport operations and asked if the Commission would look at a drawing he displayed. He explained there were two much better sites along 43rd Avenue that the City could sell if they so decide. The sale would be subject to FAA approval at an acceptable appraised value. There is,a misconception that the FAA will simply not approve the sale of airport land. It is true that they do not recommend such sales, but in an isolated instance where the community need is served, an exception is possible. Mr. Zorc explained the advantages of both sites on 43rd Avenue. Commissioner Lyons was bothered by the site west of 43rd Avenue because of the flight pattern, but felt the site on the east side of 43rd Avenue was certainly a possibility. Administrator Wright stated again that there was no question that the City cannot sell the land, it is just that they have chosen not to, and have decided to lease the property. Gary Wheeler addressed the Board and stated that the City runs their operations similar to a free enterprise 60 A'%4 G 31883 Boo �A�! AUG 3 system, which he agrees with as he believes in people paying for what they use, but this situation benefits all the people of the County and not just the citizens of Vero Beach. He pointed out that the airport property was bought with federal money and turned over to the City. He stated that all funds that come in through the use of the airport must be used for airport purposes, which benefits just a few citizens. He disliked the situation where the County would purchase a piece of property and lease another. He would like to see the County, the City and the FAA sit down face to face and iron out these problems and get something moving. He felt that the City is not working in the best interests of the entire community by deciding not to sell the property. Administrator Wright suggested that the first step should be to find out what it is worth and know if we even have a bargaining position. He felt the County cannot sell or lease to -use without an MAI appraisal. Considerable discussion ensued regarding ,appraisals of industrial zoned land compared to agricultural property, and that it would probably take 20 days minimum to receive the appraisal. Chairman Bird agreed that the County should try to purchase the 10 acres to add to the Graves 20 acres, but felt another issue would be to look at the areas as suggested by Mr. Zorc. Commissioner Lyons felt that we should know what the relative costs are for the total site and we must have an appraisal. He suggested 1) that we defer signing the agreement with Graves today, and 2) that we formally request the City again to sell the property. Administrator Wright reported the City is getting the appraisal and that once we get an appraisal price, the decisions will fall in line quickly. 61 Mr. Zorc recommended the County get a second appraisal. Administrator Wright suggested that staff pursue all possibilities and come back with some recommendations at the August 17th meeting, with the options -of obtaining additional appraisals left open. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized staff to pursue all available options and prices re jail site properties and come back at the August 17, 1983.meeting with some recommendations. DISCUSSION RE OLD HOME TO BE MOVED INTO SCHUMANN PARK FOR RECREATIONAL CENTER Chairman Bird reported that he had received a call from Mrs. Walter Jackson that brought to his attention the fact that there was a piece of County owned property on the east side of U.S. #1 which is called Schumann Park. The property was apparently donated to the County and there are certain deed restrictions that it has to be used for public purposes or open space recreation. Chairman Bird explained that Mrs. Jackson has discovered that there is an old house that apparently is in the way of progress and is going to be sold and moved to another location. She feels that this house would make an excellent place for the Gifford community toetup as a recreational center and meeting place for Boy Scouts and Girl Scouts, and a place on the east side of U.S. #1 where children did not have to cross the highway to get to other facilities on the west side. Mrs. Jackson had asked. Chairman Bird to explore the possibility of the County making available a place in the park on which to place the 62 BOOK 4 PAGE � � AUG 31983 AUG 3 19$3 dcrotc �4 FA old house. He reported that there is still a question as to who would pay the $100D price of the house, the moving costs, the setting up costs, and who would accept the responsibilities for it once it is on the property. He felt that there were a lot of questions and gray areas that need to be cleared up, and all he is asking the Commission today is for approval to work with staff and ask Attorney Brandenburg to find out just what we can or cannot do with the property. He would also like staff to get some rough estimates of the costs that would be involved and develop some background information on this before bringing it back to the Commission later on. Commissioner Lyons felt that would be acceptable as long as it does not take away from our priorities, and Chairman Bird agreed the timing was bad as far as funding goes. It was decided that a Motion was not necessary. REPORT - MENTAL HEALTH DISTRICT #9 MEETING Commissioner Wodtke reported on the progress of the special task force in regard to the District #9 Mental Health Board and urged the Commissioners to read their copy of Indian River County Mental Health Center, Inc. Analysis and Recommendations Concerning The District#9 Mental Health Plan and Staff Rebuttal, dated July 22, 1983. At their last meeting, the task force agreed to require certain modifications in the District Plan: On Page 3 of the Analysis, there were 6 modifications that they felt quite strongly about. In addition, on Page 4 of the Analysis, there are 6 additional items that they feel they might not have the right to require changes. However, they will be submitted. He reported that basically they have adopted these changes that will go back to the various 63 County Commissions for their approval before being submitted to the District Board. Commissioner Wodtke reported he received a letter from Mr. Paul R. Beatrice, Executor Director of the District Health Board, indicating he would address these items in their Board 'meeting of August 24th. Mr. Beatrice stated in the letter, "This will provide us.with time to submit our actions to the task force by 9/1/83." Commissioner Wodtke attended the most recent Board meeting and the Board voted to send $46,000 to the catchment area in the northern four counties the Indian River County Medical Health Center in Ft. Pierce. However, the money will not relieve the shortage of psychiatric beds, but came with the stipulation that it be. used to hire one part-time psychiatrist, two counselors and a part-time secretary. Commissioner Wodtke was concerned that the District Board is still not convinced that there is a shortage of beds in the four northern counties, and he does not under- stand this as every report shows this shortage does exist. He reported that Attorney Brandenburg had suggested that the Board thoroughly investigate to determine if the County of Palm Beach had more beds than they need. Attorney Brandenburg has set up a meeting in the four county area with the county attorneys to cover the legal aspect of the District Plan. Another issue is the Board indicated that the setting of priorities of goals in the District Plan will depend upon the legislature making additional funds available, and unless there was a policy change, they were not going to look into the funding that they have to try to reach the goals. Commissioner Wodtke reported that Attorney Brandenburg had set up a meeting in the four county area with the three 64 AUG 3 193 eoa `F ryz 52 A U G 3, 1-9.83 earns 154pec p other county attorneys to cover the legal aspects of the problem. Attorney Brandenburg explained that he will draft a letter, from the chairmen of all four county commissions, to the Chairman of the District #9 Board indicating that the current version of the plan that they have submitted to the four counties is not acceptable, and that the four counties wish to exercise their authority under Florida statute to require the amendments in the District Plan as outlined and desire the Administrative staff of the Mental Health District No. 9 to address these changes prior to September 1, 1983, or otherwise the four counties will not be in a position of budgeting any funds or approving any funds for a project that does not have an approved plan under statute. Attorney Brandenburg explained that he will follow the guidelines in the Analysis when he drafts the letter and be more specific in the recommendations or changes. The letter will then be submitted to the other three county attorneys for their remarks before it is submitted to each county commission for approval. Part Two: Suggestions for Modifications in the District Plan which can be Required by the Four County Commissions Florida State 394.78(4) provides that: Each governing body shall have the authority to require necessary modification to only that portion of the district plan which affects mental health programs and services within the jurisdiction of said governing body. We suggest that the four county commissions.require the following modifications in the District Plan: .J' 1. That in accord with F.S. 394.75(2)(e)2 (Appendix A)'.the District Plan must contain priorities and anticipated expenditures and revenues. 2. That in accord with all consultants. and State site visit reports the District Plan shall identify as the top priority the inpatient crisis in the four county area and shall contain a specific and immediate plan to address the crisis. (Issue #8 in the Center Board's position statement.) 3. That in accord with Secretary Pingree's letter (Appendix B) the District Board shall consider no funds as earmarked except the "D" funds. 4. That the District Plan contain a contingency for services to chronic patients in the four county area should the legislature withdraw its appropriation of "D" funds currently targeted for the four county area. 5. That the District Plan specifically recognize the core service agency as the ideal organizational arrangement for assuring the integration of services in the four county area along with the requirement that the District Board follow the core service agency policy in the four county area which has been in effect for. several years as presented in Appendix F. (Issue #7 in Center Board's position„statement.) 6. That the District Board be specifically prohibited from encumbering any of -the four county local matching funds for any purpose whatso— ever. (Issue #6 in Center Board's position statement.) Part Three: Suggestions for Other Specific Four County Commissions' Recommendations for District Plan Amendments Part Two of this paper addresses those issues which the four counties can require be contained the District Plan. This Part addresses those issues which are of a more generic nature. We suggest that the Four County Commissions strongly recommend the following modif ications.in the District Plan: 1. That an allocation methodology be included in the District Plan. (Issue #1 in the Center Board's position statement.) 2. That service goals be ranked, correspond to the unmet needs in the four county area and funded accordingly. (Issue #2 in the Center Board's position statement.) 3. That funds be shifted within the District as indicated by an allocation methodology based on prioritization of needs. (Issue #3 in the Center Board's position statement.) 4. That the gross services needs of the four county area be addressed before any new projects are funded in Palm Beach County. (Issue #4 in the Center Board's position statement.) 5. That F.S. 394.76 be followed with regard to County Commission matching funds. (Issue #5 in the Center Board's position statement.) 6 That treatment services are the highest priority for all disability groups and therefore, must be funded. (Issue #10 in the Center Baord's position statement.) 66 UG- 3 19'��Q FACF .5. AUG 3 1983 BON MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bowman, that the Board authorize the Chairman's signature on the letter to be drafted by Attorney 54 PAv Brandenburg to the District # 9 Mental Health —Board outlining the areas of the modifications of the District #9 Mental Health Plan. Under discussion, Attorney Brandenburg advised he had been given assurance that the District Board will have sufficient time to address these changes by September 1, 1983. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. (ANALYSIS IS ON FILE IN THE OFFICE OF THE BOARD OF COMMISSIONERS) DISCUSSION RE WINTER BEACH CEMETERY Commissioner Wodtke reported that Winter Beach Cemetery Association is a non-profit organization which does some care and management of the cemetery. They have requested the County to donate a piece of property adjacent to the Winter Beach Cemetery, as they are running out of space for burials. The County's property is part of the large tract on which Kiwanis-Hobart Park is located. However, when that tract was deeded to the County by the State, there was a restriction that the property be used for recreation purposes only. He felt that the State of Florida would work with us on this matter and perhaps a swap of some other land right next to Hobart Park could be arranged. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board 67 unanimously requested staff to pursue getting the recreation restriction removed from the land received from the State so that it can be used for cemetery purposes. 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. 87162 - 87359 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 12:30 o'clock P.M. Attest: \�G Clerk AUG 3 1993 ��- -. _ - Chairman 68 som.. 54 c c 256 Ai;