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HomeMy WebLinkAbout10/19/1983October 19, 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, October 19, 1983, at 8:30 o' -clock A.M. Present were Richard N- Bird, Chairman; Don C. Scurlock, Jr., Vice Chairman; Patrick B. Lyons, Margaret C. Bowman and William C. Wodtke Jr. Alsoresent were L.S. p Thomas, Community Services Director; Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Lt. Dean Longo, Bailiff; Barbara Bonnah and Virginia Hargreaves, Deputy Clerks. Vice Chairman Scurlock led the Pledge of Allegiance to the Flag. Chairman Bird called the meeting to order. ADDITIONS TO THE AGENDA Commissioner Lyons requested that a brief discussion re. the 4th courtroom be added to today's agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously added the above item to today's Agenda. OCT 19 1983 rk K 1A,z 77 OCT 191983 E0,�,K Commissioner Lyons requested a brief discussion in connection with the beach purchases be added to today's agenda. ON MOTION.by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously added the above item to today's Agenda. Administrator Wright requested a discussion re the Building Department Retirement Plan be added to today's agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously added the above item to today's Agenda. Administrator Wright requested the addition to the Consent Agenda of approval of Modification of Agreement with the Florida Dept. of Community Affairs. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously added the above item to today's Agenda. Administrator Wright requested the addition to today's Agenda of a brief discussion re the Public Hearing on utility rate increase. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's _Agenda. 2 Attorney Brandenburg requested the addition to today's Agenda of a discussion re the water line extending out SR #60. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's Agenda. Administrator Wright requested the addition to today's Agenda of a discussion re the employment contracts of key members of the County staff. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously added the above item to today's Agenda. DELETIONS TO THE AGENDA Administrator Wright requested that Item 18D, Approval of Lease Agreement re County Parks Superintendent, be deleted from today's Agenda. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously deleted the above item from today's Agenda. Administrator Wright requested that Item 15, Office Space for Neighbors Helping Neighbors Program, be deleted from today's Agenda. 3Itt � �� 'j OCT 19 1983 x �m ON MOTION by Commission Scurlock, SECONDED by Commissioner Lyons, the Board unanimously deleted the above item from today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of 9/21/83. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Special Meeting of 9/21/83, as written. CLERK TO THE BOARD A. Approval of Renewal Applications for a Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 10/12/83: TO: The Honorable Members of DATE: October 12, 1983 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMITS - RENEWALS -=FROM:, Michael Wright REFERENCES: The following individuals have applied for pistol permit renewals through the Clerk's office: Ferdinand Kulima Sylvester S. Strang All requirements of Ordinance 82-27 have been met and are in order. It is therefore recommended pistol permits be issued to the above. 4 L� ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the renewal of a concealed pistol permit for the following persons: Ferdinand Kulima Sylvester S. Strang B. Request for approval of Renewal Application for a Ptarmit to Carry a Concealed Firearm: The Board reviewed the following memo dated 10/5/83: TO: The Honorable Members of DATE: Sept. 26, 1983 FILE: the Board of County Commissioners FROM: Michael Wri County Admi SUBJECT: PISTOL PERMIT APPLICATION - RENEWAL REFERENCES: Lawrence Ramsey is re -applying for renewal of a pistol permit. Mr. Ramsey originally sought a weapons permit in January, 1983 but was turned down by the County T Commission after.I recommended denial of the.application. My recommendation was based upon the fact Mr. Ramsey's original application listed no arrests other than traffic violations. A records check revealed several misdemeanor and felony arrests over a period of 15 years. However, the only conviction in the record appears to be a 1965 disorder- ly conduct case. in which he was fined $10.00. At no time was the reason for wanting a weapons permit ever an issue. Under our current procedures, the mere statement of needing a concealed weapon for "self protection" satisfies the requirement of why an applicant needs a con- cealed weapon. With the revised application, Mr. Ramsey has apparently met all the requirements of the ordinance. 5 OCT 15 198 yam. OCT 19 1993 5 5ray A Motion by Commissioner Wodtke that the Board approve the renewal application for Lawrence A. Ramsey died for lack of a second. Chairman Bird explained to Mr. Ramsey that it appears that the permit application has been denied due to a lack of a second to the Motion for approval. He asked Mr. Ramsey if he wished to be heard on this matter, and Mr. Ramsey declined comment. .CONSENT AGENDA Commissioner Scurlock requested Items A, B & F be removed from the Consent Agenda at this time to allow discussion. A. Proposed Resolution and Authorization for Chairman to sign FEC License Agreement to Install 24" Storm Sewer under Railroad at 16th Street The Board reviewed the following memo dated 10/5/83: TO: The Honorable Members of DATE: October 57 1983 FILE: the Board of County Commissioners THROUGH: Michael Wright ,County Administrator SUBJECT: FEC License Agreement to Install 24" Storm Sewer Under Railroad at 16th Street FROM: James W. Davis, P. E.�J)'Aoi EFERENCES: M.O. Bagley, FEC to Indian Public Works DirectoRiver County dated Aug. 16, 1983 DESCRIPTION AND CONDITIONS The FEC has requested that the Chairman of the Indian River County Board of County Commissioners execute a license agreement to allow installation of the storm sewer on 16th Street.. ALTERNATIVES AND ANALYSIS The County Public Works Division staff and Assistant County Attorney have reviewed the agreement. The conditions basically state that: 2 1) The Railway must have an inspector on site during the work with cost paid by the County. 2) The County must pay a $50.00 license fee. 3) The work must be performed in accordance with FEC Specs. 4) The pipe is within the FEC right-of-way under sufferance. 5) The County must agree to indemnify and hold harmless the FEC in any damages caused by the work. RECOMMENDATIONS AND FUNDING It is recommended that the Chairman be authorized to sign the Agreement. Funding to be from the 16th Street project account and yearly license fee from -the Road and Bridge Department Permit account. ° Assistant County Attorney Chris Paull explained that each license agreement requires that the County pass along certain indemnification requirements to the project contractor. Due to a delay in getting the contractor to look over these requirements, the County does not have a secure indication of whether the project will require a change order to the present 16th Street Improvements Contract, thereby requiring additional insurance. He recommended that Items A & B be postponed until that information is available from Dickerson, Inc. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously postponed the above matter until full information is available. B. Proposed Resolution Authorizing Execution of a License Agreement with Florida East Coast Railway Governing the 16th Street Grade Crossing Assistant County Attorney Chris Paull recommended this matter be postponed until further information is available. 7 OCT 19 1983 55 P-ku 83 OGT 19 19931 ftg ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously postponed the above matter until full information is available. 5 pA.ct 84 C. Approval of Tracking Station Park Change Order V-1, Dickerson, Inca The Board reviewed the following memo dated 10/13/83: TO: The Honorable Members of the SATE: October 13, 1983 FILE: - Board,of County Commissioners THROUGH: Michael Wright County Administrator SUBJECT: Tracking Station Park - Change Order V-] Dickerson, Inc. FROM: Jaynes W. Davis, P.E., REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS The Seven/Eleven_Convenience Store at the corner of SR A -1-A and the Tracking Station Road originally had driveway access to the Tracking Station Road. The subject access drive was not picked up by the County survey since approximately 12" of sand and mar]. covered any evidence of asphalt paving. When the material was excavated, the pavement was discovered and removed. As a result, the driveway apron should be restored. The change involves a Change Order adding $545.32 to the original contract price of $58,489.37 with Dickerson, Inc. ALTERNATIVES AND ANALYSIS The alternative. are to approve or deny the necessary change order. Staff i, of the opinion that the project and traffic flow on A -1-A will be enhanced with the change. RECONADMATION AND FUNDING Staff recommends approval of Change Order No. -V-1 in the amount of $545.32 with Dickerson, Inc. Funding to be from Account #102-210-572-66.39; budgeted amount $277,500. Committed funds at this time total $257,814.49. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved Change Order V-1, Tracking Station Park. 0 (Dickerson, Inc.) CHANGE Distribution to: ORDER OWNLR Ll ARCHITECT ❑ r,- AIA DOCUMENT G701 CONT RACTOR IR FIELD OTHER C� PROJECT: Indian River County Tracking (name, addressPtation Recreation Area TO (Contractor): Dickerson, Inc P.O. Drawer 719 Stuart, Fl. CHANGE ORDER NUMBER: V-1 INITIATION DATE: September 22, 1983 8. ARCHITECT'S PROJECT NO: 8102 CONTRACT FOR: Division V L CONTRACT DATE: June 1, 1983 You are directed to make the following changes in this Contract: Add access road to 7-11 Store frau Park entrance road as shown on the attached sketch. The extra cost is estimated as follows: a) 1" asphalt pavement = 84 SY @ $1.98/s.y. _ $166.32 b) soil cement base = 88 s.y. @ $3.00/s.y.. $264.00 c) subgrade preparation = 92 s.y. @ $1.25/s.y. _ $115.00 s ' A Total addition to contract price $545.32 Approved form and leg id nr t B . Branden5ur t C tin y Attorney Not valid until signed by both the Owner and Architect. Signature rpt the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was ........................... $ 58, 489.37 Net change by previously authorized Change Orders ................................... $ _0— The (Contract Sum) prior to this Change. Order was .......... $ 58,489.37 The (Contract Sum) will be (increased) ( 545.32 by this Change Order......................................................... $ The new (Contract Sum) including this Change Order will be ... $ 59,034.69 The Contract Time will be (unchanged) bw ( 0 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is same as previous. Authorized: DICKERSON FLORIDA, INC. Board of QpWI E Ca'ssioners ARCHITECT CONTRACTOR {Wft25CYl St. r y Address A dressP O Drawer 719 Address St art, P44.. 3345 Vero Beach, �Florida 32960 BY by s R. i man DATE DAT 0 tober 4, 1983 DME 11/8/83 AIA DOCUMENT 6701 CHANGL URDEK Al'kl I H EU�IM)N AIA'" 1978 THE AMERICAN INSIIIUIE Of ARCHITECTS, 17j5 NEW 1U t. AVE., N.W., wA)HINI,IUN, U.( _INNM, 6701 — 1978 OCT 19 1983 roc 85 OCT 19 1993 PACE JOB CHASE 01DEti , SHEET NO. OF CALCULATED BY w KI� DATE CHECKED BY DATE SCALE ....... . ....... . . Y°.•,' '4 ftv 2811 ;mss j ac Go. Mm 81450 D. Renaming of Indian River County Civil Defense Department The Board reviewed the following memo dated 10/6/83: TO:The Honorable Membersof the DATE:October 6, 1983 FILE: Board of County Commissioners THRU: Michael Wr t County A i strator SUBJECT: Renaming the Indian River County Civil Defense Department FROM: S. Let Nuzie REFERENCES: Civil Defense Director The Civil Defense Staff requests that this department be renamed the Department of Emergency Management (Civil Defense). DESCRIPTION AND CONDITIONS Chapter 252, F.S. update passed the bill during the extended 1983 session renaming the Bureau of Disaster.Preparedness to the Bureau of Emergency Management to be effective October 1, 1983. Another highlight of the bill changed the term "disaster" to "emergency." ALTERNATIVE AND ANALYSIS An alternative is to have this department still designated as the Civil Defense Department. However, this decision would not be consistent with the Bureau's endeavor to be recognized as Emergency Managers. RECOMMENDATIONS AND FUNDING It is recommended that the Civil Defense Department be renamed Department of Emergency Management (Civil Defense). ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the renaming of the Indian River County Civil Defense Department to Department of Emergency Management. Q7 OCT 19 1983 90K 55 ?Ad 8 OCT 19 1993 E. Approval of Change Order #3, Scarborough Constructors, Inc., South County Water System The Board reviewed the following memo dated 10/12/83: TO: Honorable ;Nfembers of the Board DATE: October 12 , 1983 FILE: of County Commissioners SUBJECT: CRkNGE ORDER #3 FOR SCARBOROUGH CONSTRUCTORS, INC. )fil/J FROM: Ter �. `Pitt REFERENCES: Utilities Director Attached is Change Order #3 for Scarborough Constructors, Inc. in the amount of a $50,846.46 decrease. Alternative: No alternatives have been submitted by the Engineers. Recommendations: It is recommend that the Board of County Commissioners approve this Order as recommended by the Engineers and Staff. ON MOTION by Commissioner Lyons,. SECONDED by Commi'ss'ioner Bowman, the Board unanimously approved Change Order #3, Scarborough Constructors, Inc. in the amount of a $50,846.46 decrease. 10 0 • Kirin Frnl1A 424-7 UNITLU h FATLS ULNARTMLNT UF AGRIC:ULTUb:L fOHM APPROVED OMtf No. 40-Rl007 (Rev. 6-I1-80) FARMERS HOME ADMINISTRATION ORDER No. • CONTRACT CHANGE ORDER DATE July 22, 1983 ^3 STATE South Count Water System r• Florida CONTRACT FOR Improvements, Contract Part 1 Distribution System COUNTY Indian River OON [!1 Indian River County, Florida ro.—:_S.carbflCnugh...C.ans.tructors.p...IEIL;.. .. .fr ......................._ You are herebyr uemed to comply g (co•are.) eq p y with the following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price 1.) Final Contract Adjustment E50,846.46 3 TOTALS $ ..50,846.46 ,CT PRICE s 50.846.46 JUSTIFICATION:. See Attachment The amount of the Contract will be (Decreased) (Increased) By The Sum Of: _ Fi fi- 1 Thnucanrl eight hundred forty six dollars and 46/100 Dollars($ 50,846.46 The Contract Total Including this and previous Change Orders Will Be: Nine Hundred Ni ndty Two ---- Dollars ($ 992.212-49 J. T Contract Period Provided for Completion Will Be (increased) oc` (Decreased) (Unchanged): —__fl Day 56 T is document will b pme a sup ement to the contrac and all provisions will apply hereto. a rya R°9 $ted , — l,� 23 ,0(Owner) ( ale) �Ftecohmended f / _ S a ` \- IOwner•✓ rchit.. BnQ/n'er) (D �e � G c3 r~ �SPted t� (Contractor) / (Pete) Apprpved By FmHA- r -- U7 (Narne and Title) (vara) This Information will be used as record of any Number cOPlee required: 4 No further monies or other benefits may De paid out under this ChalWe to the ortoinai construction contract. Program unless this report Is completed and flied as required is Time to compMe, 30 min, existing taw and regulations (7 C.F.R.,Part 1924). .u. GPID:t91DOiyb.ttsltsf4 /'o.irtnr, 6 FmVA 424-7 (Rev. 6-11-80) _ i og 55 w 89 OCT 19 1983 1 r OCT 19 1903 Justification of Change Order Number 3 Water System Improvements Contract Part 1 -Distribution System South County Water System Indian River County, Florida The following is an item by item breakdown of the increases and decreases in the original contract bid items, including contract change orders land 2, which are a result of change order #3. It should be noted that in calculating the increases and decreases in quantities, change order #2 bid items have been added to the original contract bid items. (see attached change order #2) 12 Quantity Contract Price BID ITEM UNIT PRICE INCREASE DECREASE INCREASE DECREASE 1. 6" PVC S 5.05 29 LF ____ $ 146.45 ---- 2. 6" DIP 8.00 14 LF----_ 112.00 - --- 3. 8" PVC 6.55 --- 208.9 LF $19368.30 4. 8" DIP 10.00 292LF ---- 2920.00 ---- 5. 10" PVC 9.00 --- 152.LF --- 1,368.00 6. 12" PVC 12.00 --- 368.5LF --- 4,422.00 7. 12"DIP 13.00 --- 410 LF --- 5,330.00 B. 2011DIP 26.00 --- 52 LF --- 1,352.00 9. Fittings 0.75 --- 4774 lbs. --- 3,580.50 10. Rock Exc. 50.00 --- 10 cu.yd. --- 500.00 11. 24" steel cas. 110.00 12. 36" steel cas. 160.00 19LF ---- 3040.00 ---- 13. 3" GV&Box 200.00 ___ ____ 14. 6" GV&BOX 250.00 1 each ---- 250.00 -- 15. 8" GV&Box 340.00 --- 2 ea. --- 680.00 16. 10" GV&Box 500.00 ___ 17. 12" GV&Box 625.00 ___ 18. 20" BV&Box 1900.00 19. 2" FV&Assm. 600.00 --- 1 ea. --- 600.00 20. FH&Assm. 625.00 --- 3 ea. --- 1,875.00 21. DI Serv. Conn.. 25.00 --- 129 ea. --- 3,225.00 22. PVC Serv. Conn. 45.00 --- 57 ea. --- 2.565.00 23. 1" Serv. Pipe 2.00 --- 3667 LF --- 7,334.00 24. 1h" Serv. Pipe 2.50 --- 448 LF --- 1.120.00 25. Gs Cusing 6.50 --- 1314 LF --- 8,541.00 26. 27. Meter Box 611x2 Conn. 50.00 250.00 --- 124 ea., --- 6,200.00 28. 611x6" Conn. 200.00 --- 1 ea. 1 ea. --- --- 200.00 .250.00 ---- 29. 6"x8" Conn. 300.00 ___ ___ ___ ---- 30. 8"x8" Conn. 100.00 --- 1 ea. --- 100.00 31. 10"x10" Conn. 100.00 --- _ __ ___ ---- 32. 101'x6" Conn. 300.00 --- 1 ea. --- 300.00 33. 811x6" Conn. 100.00 -__ - ___ ___ ---- 34. 12•'x8" Conn. 300.00 -__ ___ ___ ---- 35. 12"x6" Conn. 100.00 ., ___ ___ ___ 12 Justification of Change Order Number 3 continued Sverdrup and Parcel and Associates July 22, 1983 12a OCT 19 1983�tR � J Quantity Contract Price BI_ -UNIT PRICE INCREASE DECREASE INC_ DEC_ 36. Asph. Conc. repl. $ 8.00 --- 438„ LF --- $3,504.00 37. Conc. Drive Repl. 10.00 196 LF --- $1,960.00 38. Tape 600.00 --- ---- --- 39. Deductive Alter. --- ___ ____ 40. Change Order #1 A. S. Beach Conn. 5600.00 B. Relocate 6" Meter 6500.00 --- 1 ea. --- 6,500.00 C. Wellpoint 1500.00 ------ --- 41. Change Order #2 ---- A. Bridge Crossing 13250.00 --- B. Mobilization&Demob.5000.00 --- __- ___ C. 12: Gate Valve@ ---- City Limits 2500.00 42. Materials Stored on Site Purchased by County 1239.89 --- --- 1 239.8 ---- totals + .34 -"$60,714.8 r Net Change In Contract Price ---------------Decrease X50.846.4 Sverdrup and Parcel and Associates July 22, 1983 12a OCT 19 1983�tR � J OCT 19 1983 55 ?Au 9.9 F. IRC Bid #187, One -Ton Truck Cab & Chassis The Board reviewed the following memo dated 10/6/83: TO: Board of County Commissioners DATE: Oct. 6, 1983 FILE: THRU: Michael Wright SUBJECT: IRC Bid #187 - One (1) New 1983 or 1984 County Administrator 1 Ton Truck Cab & Chassis GE RAL SE VICES D ISION FROM: .�z-r �EFEBE�!CE��: Carolyn 66odrich, Manager Purchasing Department 1. Description and Conditions: Bids were received October 4, 1983 at 11:00 A.M. for IRC Bid #187 New 1983 or 1984 1 Ton Truck, Cab & Chassis for the Utilities Department. This vehicle will replace the one destroyed in the accident on Sept. 4, 1983. 17 Bid Proposals were sent out, 7 Bids were received. 2. Alternatives and Analysis: The low bid was received by Roger Whitley Chevrolet, Tampa, Fl for a 1984 Chevrolet in the amount of $11,763.00. 90-120 days required for delivery. The bid meets all specifications. 3. Recommendation and Funding: Staff recommends that IRC Bid #187 -be awarded to the low bidder, Roger Whitley Chevrolet in the amount of $11,763.00. Funds to come from Utilities Department Renewal and Replacement Account. Purchasing Manager Carolyn Goodrich explained that while the low bid was received from a Tampa Chevrolet dealer, the truck would be serviced locally. Commissioner Scurlock asked if the truck -was on the State Contract and Mrs. Goodrich explained that it was, but did not know if the State Contract included a utilities box as this vehicle would be the service truck for the Utilities Dept. Administrator Tright asked that the Board approve this today, subject to his checking the State Contract to see if the 1 -ton truck options include a utilities box. 13 ON MOTION by Commissioner Scurlock SECONDED by Commissioner Lyons, the Board unanimously awarded IRC Bid #187 in the amount of $11,763.00 to Roger Whitley Chevrolet, Tampa, for the purchase of a 1984 Chevrolet 1 -ton truck; subject to Administrator Wright checking the State Contract. S. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue v Vero Beach, Florida 32960 a� v BID TABULATION /Ch/—�� BID NO. DATE OF OPENINGtQ IRC #187 October 4, 1983 18 ID TITLE One (1) New 1983 or 1984 Ton Truck, Cab & Chassis z1 -h, 3r y�0 v Q� ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT P, 1. One (1) New 1983 or 1984 1 Ton 1984 1984 1984 1984 1984 1 1 1984 Truck, Cab & Chassis 13083 34 11763 00 12730 00 12483')0 12963 50 12635 47 12299 00 2. Days required for delivery after receipt of Purchase Order 90-120 60 60 45-60 45 5-60 t OCT 19 1993 14 55 1A L- ?ACE OCT 19 1993 G. Authorization to Sign Modification of Agreement with Florida Dept. of Community Affairs - Contract The Board reviewed the following ' O BOB GRAHAM Govemor Ed -ward J. Regan, Executive Director Indian River Counter Housing Authority 1540 25th Street Vero Beach, ^1. 32960 letter dated 10/10/83: October 10, 1933 SUBJECT: CSBG Contract # 833-03-10-40-01--099 Dear CSBG Grantee: JOHN M. DeGROVE Secretary 31983 The Department of Community Affairs has determined that grantees receiving Community Services Block Grant (CSBG) funding from the "local government 5% share" may be eligible to request an extension of up to 90 days for their current contracts which end on September 30, 1983. If you are interested in such an extertiiun, a Modification to the CSBG Agreement is enclosed. This document must be signed by an authorized offical and returned with the required narrative attachment by October 31, 1983. If a signed Modification to the Agreement is not received in this Department by October 31, 1983, your current contract will terminate September 30, 1983 and no extension will be granted. Please note that the narrative attached to this Modification should be in a letter format with an explanation of �. the impact of this extension on work program goals and on the program budget as included in the CSBG application incorporated into the original contract with the Department. The narrative must explain how this extension will allow the Grantee to complete the objectives included in the, CSBG application. Please contact.your Community Services Block Grant field representative -at (904) 488-7541 if you have any questions con- cerning the extension or close-out. Sincerely, Enclosure //John M. DeGrove ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously authorized the Chairman's signature on the Modification of Agreement with the Florida Dept. of Community Affairs, Contract #83BG-03-10-40-01-099. 15 1 CONTRACT No. 8313G-03-10-40-01-099 MODIFICATION NO. 01 DATE: MODIFICATION OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND Indian River County Board of Count„ -Commissioners GRANTEE The agreement for the period April 1, 1983 to September 30, 1983 between the Department of Community Affairs Indian River County Board of County and the commissioners bearing the above a contract number is modified by mutual agreement of the parties as follows: Clause 3 a of the Community Services Block Grant. Agreement is hereby amended to read: "The Department agrees to pay the grantee the total sum of $ 7,158.00 _ for the period beginning April 1, 1933 and ending not more than 90 days following September 30, 1983.” Clause 14 a of the Community Services Block Grant Agreement is amended to read: "A Modification Narrative, Exhibit A, is attached hereto and incorporated by this reference." ' E All other provisions of the contract not in, conflict remain u �- O v jj Cl) full force and effect. Cj no, a `•' \ Effective this 30th day of September, 1983. a a •max-- _:,r•" R THE GRANTE lC .z'zE FOR THE DEPARTMENT ' BY: ;���e--77: BY: Authorized Signature Authorized Signature Richard N. Bird, Chairman Title Title ATTESTED BY:—LL� ATTESTED BY: _ OCT -1.9 198 3 - 1 n _ i o F e da rse w i/ A aK na.JP,o �.1� • ... tAC r� OCT 19 1903 5,5 Puf 99 11 PROCLAMATION HONORING GLORIA'S GIRLS OF VERO BEACH Chairman Bird commended the young ladies present who comprise Gloria's Girls, a majorette corps, for their out- standing accomplishments and the hard work they have put into their activities. He congratulated them on their recent success in competition and hoped they would continue to bring awards back to Indian River County. He presented the proclamation to Gloria Bentley, leader of the group. 16 M PROCLAMATION WHEREAS, a group of young ladies between the ages of i four to seventeen gathered together in September, 1978 to form a majorette corps known as GLORIA'S GIRLS OF VERO BEACH; and WHEREAS, the teams comprising GLORIA'S GIRLS have competed in local, state and national majorette events during the past five years, accumulating over 2,000 individual and team trophies, in addition to developing the poise, grace, and char- acter of its membership; and WHEREAS, GLORIA'S GIRLS SENIOR TEAM has enjoyed the honor of representing the United States in an international twirl- ing convention in Belgium; and WHEREAS, GLORIA'S GIRLS recently earned six State Championship awards, en route to representing the State of Florida in a national competition among four hundred twenty-one teams in North Carolina, where the group took Second Place honors; and WHEREAS, when not engaged in friendly competition, these young ladies provide public service through the entertain- ment of various organizations, including nursing and retirement homes; and WHEREAS, the individual and community acclaim gener- ated by GLORIA'S GIRLS, under the leadership and direction of GLORIA BENTLEY, is worthy of the praise and support of the citi- zens of Indian River County, Florida. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on behalf of itself and the citizens of this County expresses congratulations and appreciation for this group of fine young ladies and urges the citizens of the County to continue support of GLORIA'S GIRLS OF VERO BEACH, both in spirit and financially, through contributions to the group, thereby enabling GLORIA'S GIRLS to carry on their fine efforts in the future. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , iAAA By RICHARD N. BI Chairman Attest: FREDA WRIGHT, Clerk ;.ry�� fit�as r1'• OCT 19 1993 55 ?Au 9 BUDGET OFFICE Budget Amendment, 20 Salary increase for Clerk & Property Appraiser The Board reviewed the following memo dated 10/12/83: TO: Board of County Commissioners DATE: October 12, 1983 FILE: SUBJECT: 2% salary increase Clerk & Property Appraiser FROM: Jeffrey K. Barton, Director REFERENCES: Office of Management and Budget The following budget amendment is needed to correctly allocate the funds for the 2% salary increase to the correct line items: Account Title Account No. Increase Decrease Bud Tran -Clerk to Board Workemns Comp .Bud Tran -Clerk of Court Workmens Comp Bud Tran -Clerk to Board Workmens Comp Bud Tran -Property Appraiser Reserve for Contingencies Balance in Reserve 502,479. 001-300-586-99.01 3,265 001-300-513-12.14 13 001-309-586-99.02 10,437 001-309-513-12.14 41 001-232-586-99.01 3,105 001-232-513-12.14 12 001-500-586-99.06 17,071 001-199-513-99.91 33,944 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment. COMPENSATION RE COUNTY ADMINISTRATOR, ADMINISTRATIVE AIDE, .f AND COUNTY ATTORNEY Michael J. Wright, County Administrator Commissioner Wodtke stated that since Administrator Wright joined the County in August, 1982, he has provided great leadership and has proven his ability to make top decisions. He has done a great job. flu A Motion made by Commissioner Wodtke to increase the Administrator's salary by 20 from $46,000 to $48,000, died for lack of a second. He then asked that his Motion be withdrawn until everyone had the.opportunity to speak. Commissioner Scurlock praised the Administrator's abilities and felt that his efforts merit more than a 2% increase. He suggested that the increa92 be more in the neighborhood of 3.5%-3.7%, and felt that if we are going to keep men such as Administrator Wright's caliber away from private industry, we have to pay them comparable salaries. Commissioner Lyons thought that Administrator Wright had come into the County at a most difficult time and felt that he has done a marvelous job in putting the County affairs in order. Commissioner Bowman admired Administrator Wright's professionalism and agreed that she would hate to lose him to private industry. Chairman Bird felt that all the commissioners had described Administrator Wright very well. He confirmed that Administrator Wright has handled some tough decisions during the past year and made his job as Chairman much easier. The Chairman concurred that Mr. Wright's salary should be high enough to ensure his staying with the County. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board unanimously set the level of the County Administrator's compensation at $48,939, a 3.70 increase; retroactive to the beginning of the fiscal year, 10/1/83. Under discussion, Administrator Wright stated that he believes that he is the only employee with a 3 -year contract 19 mt 55 ?ku 99 OCT 19 1993 and Commissioner Scurlock hoped that in the future all key employees would be under contract. Commissioner Wodtke felt that he would be more comfortable if Administrator Wright's increase was closer to 2.2%, which would amount to an annual salary of $48,000. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried by a 4-1 vote, with Commissioner Wodtke voting in opposition. Liz Forlani, Administrative Aide to the Board of County Commissioners Chairman Bird stated that he has the pleasure of working with Mrs. Forlani on a day-to-day basis in a friendly atmosphere and is confident that the public and staff who come into the office are treated in a very cordial and business -like manner. He explained that she has hired another person to take care of significant additional responsibilities and the increased work load due to the County's growth. He was very pleased with her efforts. Commissioner Scurlock felt Mrs. Forlani has done a great job and questioned whether 20 is enough increase. He realized that her department consisting of four employees does not have much flexibility in the 20 increase pool total and suggested that she be placed under the pool of the Administrator's Office. He also realized that- her salary had been brought up into a good range last year. Commissioner Lyons wanted it made clear that while the newspaper article stated that this department has grown to four employees, what Airs. Forlani has actually done is transferred a former function of the Planning & Zoning Department into her office and hired a fourth person to handle the workload. 20 I Commissioner Wodtke stated that he had discussed this matter earlier with Mrs. Forlani; she has explained that her salary pool was so small that her girls received only a 2% increase, and she would feel uncomfortable in receiving more than her staff. ON MOTION by Commissioner Lyon'; SECONDED by Commissioner Scurlock, the ' Board unanimously approved a salary increase of 2% for Administrative Aide, Elizabeth Forlani, retroactive to the beginning of the fiscal year, 10/1/83. Gary Brandenburg, County Attorney Commissioner Lyons expressed his admiration of the manner in which Attorney Brandenburg has done his job, as there is a tremendous amount of work coming out of the Legal Dept. Commissioner Lyons was concerned about the extra work load involved in obtaining rights of way for the new water line coming in on SR #60 and suggested the Utility Dept. take on some of this work with a right-of-way expert. He expressed his great satisfaction with Attorney Brandenburg's performance and felt that the County has benefited greatly by having an in-house legal department. He recommended an increase in salary in excess of 20. Commissioner Wodtke was pleased to have the opportunity to work with Attorney Brandenburg and felt that when the time comes that the Attorney feels he needs relief from his workload, he would so indicate. Commissioner Scurlock noted that the Utilities Department is requiring a tremendous amount of the County Attorney's time. Administrator Wright agreed and pointed out that while he has cut back on the number of employees in some areas, the Utilities Dept. really requires another 21 OCT 19 1983 0 CT -19 1933 55 ma 1 person or two. Their workload has increased to the extent that he frequently has to act as assistant Utilities Director. The Administrator reported that Director Pinto is being heavily recruited by private industry and it is possible the County will lose him. He wanted a second person in there, and if the Board concurs, he would like to go with him now. Commissioner Bowman asked if Attorney Brandenburg would like to have another law clerk or another person in that office. Attorney Brandenburg replied that when the time comes that the Board wanted to expand the legal office by adding another law clerk, that would entail another secretary and additional space, which would be a considerable expense. He did not think the Board wanted to bite that big of a bullet at this time. Commissioner Lyons suggested that some of the functions in the Legal Dept. be transferred to other departments, such as the Utilities Dept. Commissioner Scurlock recommended that the County enter a contractual agreement with Attorney Brandenburg and that the County Attorney's compensation be raised to the same level as the County Administrator. Attorney Brandenburg stated that the County's growth demands more and more time of his staff; a good example of that is the transfer of the City/County Building Dept. and the addition of their legal matters. He was certain that the Legal Dept. would have to be expanded sometime in the future, but that would be the decision of the Board. Commissioner Lyons felt that Attorney Brandenburg would be the best judge in the matter. Chairman Bird understood that Administrator Wright would get back to the Board with some recommendations re the Utility Dept. personnel. He praised Attorney Brandenburg's efforts and achievements in the beach acquisitions and the 22 _ M M Reinhold case, and felt he was a tough negotiator. He reported that Attorney Brandenburg has indicated that he would like a two-year contract, and has some thoughts about what should be included in that agreement. Chairman Bird felt that we should go ahead and set the limit of his compensation today and discuss the details of his contract later. • MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board raise the compensation level of the County Attorney consistent with that of the County Administrator and begin negotiations for a two-year contract. Under discussion, Commissioner Wodtke suggested that the contracts of the Administrator and the Attorney be set to fall concurrently with election years. Commissioner Bowman disagreed and recommended that a 3 -year contract be offered to either the County Administrator or the County Attorney, and a two-year contract offered to the other, so that it is not possible to lose both of them in the same year. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried unanimously. DISCUSSION RE EMPLOYMENT CONTRACTS WITH KEY COUNTY STAFF Administrator Wright urged approval of contracts for key members of the staff as his biggest fear is that he will lose them. He would like the ability to go in and offer them a_contract and would like some direction from the Board to do that. OCT 19 1983 23 5 PKE 3 OCT 19 1983 I <r Nt- :x,04 Commissioner Scurlock considered that it was the County Administrator's responsibility to decide those positions he feels should be under contract and bring the matter back to the Board for action along with complete information. Commissioner Wodtke felt that he was opposed to contractual agreements in government jobs, other than keeping people like the County Administrator, the County Attorney, and perhaps a few others. Administrator Wright stated he would look into this and bring it back before the Board. APPEAL OF COUNTY ADMINISTRATOR'S DECISION The Board reviewed the following memo dated 10/7/83: TO: The Honorable Members of the DATE: October 7, 1983 FILE: Board of County Commissioners SUBJECT: HELEN SCROGG'S APPEAL FROM: Michael WrightREFERENCES: County Administra km ) .Attached in chronological order are copies of various letters, documents and notes from Helen Scrogg's personnel file. Ms. Scrogg's was discharged on September 20, 1983, effective September 30, 1983, when she failed to satisfy her immediate supervisor's request for proof that she was being treated by a physician. The records indicate a record of frequent -absenteeism and Ms. Scroggs was .directed in August, 1983 to bring in a physician's note if she missed any time after the warning. 6 Ms. Scroggs appealed the dismissal to me. A hearing was held on September 29, 1983 and I agreed to reinstate Ms. Scroggs on a probationary basis. Being unable to contact Ms. Scroggs directly, written notification was delivered to her mother on September 30, 1983. The only communication I have had from her to date is a copy of her appeal to the Board of County Commissioners. Since she has been offered reinstatement, I assume the appeal must be centered around the two conditions imposed in the reinstatement letter. There- fore, I have requested Ms. Scroggs to return to work October 10, 1983 pending the outcome of the appeal. If you desire more information, please contact me at your convenience. 24 Chairman Bird explained that former County employee, Helen Scroggs, had notified him that her attorney might not be able to attend this meeting and suggested a possible postponement. He talked with her about that possibility a couple of days ago and requested her to state her request in writing. However, as of today, the County has not received a letter to that effect, and Miss Scroggs-is not here today. He confided that he is confused as how to proceed at this time. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously tabled this item. Commissioner Scurlock felt there should be a time limit set to resolve this matter. Attorney Brandenburg was authorized to contact Miss Scroggs' attorney, who is presently on active duty as a reservist, and get back to the Board as soon as possible. SOUTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 9:35 o'clock A.M. in order that the District Board of the South County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 9:50 o'clock A.M. with the same members present. APPROVAL OF IMPROVEMENTS, SEAGROVE SOUTH, AND RELEASE OF LETTER OF CREDIT The Board reviewed the following memo dated 10/11/83: 25 OCT 19 1983 v-3 55 mu 5 OCT 19 7983 ` N -H 109 TO: The Honorable Members of the DATE: October 11, 1983 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator FROM: James W. Davis, P.Ec Public Works Director DESCRIPTION AND CONDITIONS SUBJECT: Request to Release the Outstanding Balance, of "Letter of Credit" - Seagrove South Subdivision 1) Patricia A. Murray, Corporate Investment Co., to James Davis dated REFERENCES:Augu!rt 29, 1983 2) Brett Culpepper, Eng. of Record to James Davis dated May 27, 1983 . 01 Ke= James Davis dated Sept. 28, 1983 During the June 1, 1983 meeting of the Board of County Commis- sioners, Final Plat approval of Seagrove South Subdivision was granted subject to the developer amending an original "Letter of Credit" for the Project from $444,199.35 (Nov. 18, 1982).to $60,000 to cover the cost of improvements not yet constructed on June 1, 1983. At this time, the developer, by copy of above referenced letter 1, is requesting release of the remaining $60,000 letter of credit. The roads are to be privately dedicated. During the Subdivision Review Committee meeting of August 3, 1983, (minutes attached) the County and Developer agreed to allow a curvalinear road alignment and the preservation of as many trees as possible with the condition that the edge of pavement shall not be less than 5 feet from any obstacle, tree, fixed object, or right-of-way line. As a result, a note appeared on the approved Preliminary Plat drawing and on the approved Construction Drawings to implement this agreement. At the request of the County, the Engineer -of -record submitted as -built drawings showing the following discrepancies 1) At the north east corner of the Subdivision, pavement has been constructed outside of the limits of the right- of-way. The developer has stated that the land owner of the unplatted parcel has re -quested this action to provide a better driveway connection. 2) Trees axe various locations have been left within 5 feet of the edge of pavement. 3) The roadway pavement is closer than 5' from the right- of-way line in some locations. The developer is requesting a variance from these items. A release of lien on the project has been received in escrow by the County Attorney's office from Dickerson, Inc. Once the "Letter of Credit" is released, the Developer has indicated that Payment to the Contractor will be performed. A field inspection conducted on October 10, 1983, by the Public Works Division staff resulted in the following deficiencies: 1) Street name signs and speed limit signs are not installed. 2) Grassing has not germinated in some areas. 3) The a-sphalt along the edge of pavement of Sand Dollar Way is deteriorating. ALTERNATIVES AND ANALYSIS Since trees are, in some cases, as close as 2 feet from the edge of pavement, a safety hazard may exist. Also, the County Attorney's office has indicated that if roadway pavement is on private property, as easement or additional right-of-way should be conveyed by the property owner to the Seagrove Property Owners Assoc. so that roadway pavement can be maintained. The following alternatives are presented: Alternative No. 1 Deny the release of the "Letter of Credit" until the following action is taken 1) All trees relocated to a point 5' beyond the edge of pavement. 2) Relocate the roadway or expand the right-of-way limits so that the road pavement is no less than 5' from the right-of-way line . This may be accomplished by dedication of additional right-of-way to the Property Owners Association.. 3) Install street signs and post speed limit signs or post a cash bond for the performance of this work. 4) Post cash performance bond for grassing of areas where seeding has not germinated. 5) Repair edge of pavement on Sand Dollar Way where asphalt has failed. Alternative No. 2 Approve release of the "Letter of Credit" and grant the developer a variance for the above discrepancies. RECOMMENDATIONS AND FUNDING It is recommended that Alternative No. 1 be approved thereby denying the release of the "Letter of Credit" until the discrepancy items are resolved. Public Works Director Jim Davis recommended that as a result of the discrepancies and the items yet to be completed in the project, the developer be allowed to post a $2,000 performance bond to correct those items, at an estimated cost of $1,175. The performance bond would be 27 UAT 19 1983 5 rack 1,0 7 OCT 19 1983 ` MU placed in the County's escrow account until the items are completed. - In regard to the matter of roadway, Director Davis explained that some pavement has encroached upon the right-of-way, and the County Attorney and the Public Works Dept. feel that the roadway should be within the right-of-way. This is a private road system -- it is not to be designated to the County. However, for proper maintenance of the roadway, it has been recommended that an easement or some other right-of-way expansion be provided so that the roadway will lie within the designated right-of-way. The developer has indicated that the road was widened at one point with the consent of the property owner. Attorney Brandenburg explained that in the case where the .road was widened, it was an agreement between the developer and the property owner. The only concern the Public Works Dept. has is that of proper maintenance where the driveway in question meets the street. He recommended that the developer enter an agreement to that effect to settle that matter. Considerable discussion took place regarding trees in the subdivision being too close to the roadway. There are 49 trees, mostly palms, involved and many of these could be relocated with a tree spade. The Commissioners agreed that every effort should be made to preserve the trees along the streets but were concerned that the County aright be responsible for a hazardous condition if they approve a variance. Attorney Brandenburg assured them that these were private streets and not the legal responsibility of the County, but suggested that they post some speed limit and. warning signs re tree hazards at the entrance to the subdivision. M Chairman Bird asked Mr. David Kabbord, developer of Seagrove, if he would be willing to post signs saying there is a hazardous tree condition and Mr. Kabbord agreed to this. Director Davis explained that if the developer is allowed to post a performance bond, it will cover items 3, 4, & 5 under Alternative No. 1 of the above memo, and that the Board must make a decision on granting a variance` on items 1 and 2. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock, that the Board grant the release of the Letter of Credit on Seagrove South Subdivision; subject to the following conditions: 1) that a variance be granted on the trees that are closer than 5 feet to the road with the understanding that satisfactory warning and speed limit signs be posted; 2) that the Board recommends that the subdivision enter into an agreement with the property owner where the street goes into a private owner's property. 3) that we accept a cash bond of $2,000 to cover the items that are yet to be completed. Under discussion, it was pointed out that final plat approval has been granted and that this is simply a request to release the Letter of Credit that was posted for the improvements. Commissioner Bowman restated her concern about the County assuming liability if anyone hits one of these trees. Attorney Brandenburg felt that the County Commission by establishing guidelines for allowing private subdivisions to 29 OCT 19 1983 $ K 55 PKE JLU, Fr - OCT 19 1993 j 5roc; proceed, and weighing that against a property owner's right to decide where he wants to live and what kind of a street he wants to live on, plus the policy of trying to save as many trees as possible, would not have liability - particularly in light of the fact that these are not public roads. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. October 25, 1983 Haven Federal Savings & Loan Association P. 0. Box 858 250 Second Street, S.W. Winter Haven, Florida 33880 Re: Irrevocable Letter of Credit No. 1 -- Seagrove South Subdivision/Corporate Investment Co. to Board of County Commissioners of Indian River County, Florida Gentlemen: Please be advised that the Board of County Commissioners of Indian River County, Florida during their regularly scheduled meeting of October 19, 1983, approved the request of Corporate Investment Co. to reduce the remaining amount of the Irrevocable Letter of Credit issued by you effective December 15, 1982, and expiring on February 15, 1984, to secure required improvements under contract entitled CRI No. l dated December 15, 1982, leaving a balance of $0.00. The County Commission hereby releases in full any rights it may have had at any time to call upon the funds made available under said Letter of Credit. This action by the County Commission is predicated upon certification by the project engineers that the estimated total cost to complete all required subdivision improve- ments is $1,175.00, which amount has been bonded separately by deposit of a sufficient cash amount by Corporate Investment Co.. Indian River County does not hereby make any representations with respect to the quality or the completion of the work to date. Indian River County expressly reserves all rights that it may have with respect to•'Corporate Investment Co. under the terms of con- tract CRI No. 1. This release is effective only as to the obliga- tions of Haven Federal pursuant to the aforementioned Letter of Credit. Attest: FREDA WRIGHT, Clerk Sincerely, Richard N. Bird Chairman Board of County Commissioners 30 �I SERVING INDIAN RIVER ST. LUCIE MARTIN OKEECHOBEE COUNTIES REQUEST FROM ALCO HOPE, INC. FOR FUNDS The Board reviewed the following letter dated 9/29/83: ALCO-HOPP, Inc. REHABILITATION CENTER LICENSED BY THE STATE OF FLORIDA September 291 1983 Board of County Commissioners 1840 25th St. Vero Beach, Fl. 32960 Attn: Liz Forlani RE : REQUEST TO APPEAR BEFORE COUNTY COMMISSIONERS . Dear Ms. Forlani; P.O. BOX 2741. VERO BEACH FLCRIDA 32960 PHONE: 305 - 562-7877 RESIDENT PHONE 305 - 562-9551 In reply to Michael Wright's letter of 9/27/83 and per our conversation this morning, Alco -Dope, Inc. respectfully submits this formal request to appear before the Indian River Board of County Commissioners to ask them to dig into the County's contingency funds and support the services we are providing for the residents of Indian River County. Please contact me as to the time we are scheduled to appear at the October 19th County Commissioners meeting. Thank you for your assistance in this matter. Sincerely, Christopher F. Rose Alco -Hope, Inc. Mr. Christopher F. Rose, Administrative Assistant of Alco -Hope, Inc., noted that the County had assisted in funding their organization in the past, and he hoped the County would reconsider its denial of funds and contribute $20,000 from its "additional" contingency funds. It was his understanding that Mental Health Board No. 9 will contribute funds in 1984, but $20,000 is needed now and would carry them through until then. 6�O 19 1983 31 r -OCT 19 1983 MCI . Chairman Bird stated that while the request from Alco -Hope is a legitimate and reasonable one, he wanted it clearly understood that the County did not "find" any additional funds, just the ability to raise an additional amount through taxes. He pointed out that during the final budget process, the Commission remained very much consistent and did not reopen the issue of contributing to outside agencies such as Alco -Hope, Spouse Abuse, and many others that unfortunately were denied this year; if the Board wished to readdress this today, however, they certainly could do so. Administrator Wright cautioned the Board that if they grant just one request now, they should be prepared to hear appeals from the other half dozen agencies that were denied funds earlier in the year. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously denied Alco -Hope's request for a $20,000 contribution, as the Board felt it had to be consistent with County policy established during the budget hearings. BUILDING DEPARTMENT RETIREMENT PLAN The Board reviewed the following memo dated 10/18/83: 32 0 TO: The Honorable Members of DATE: October 18, 1983 FILE: the Board of County Commissioners SUBJECT: Building Department Retirement Program Conversion Rights FROM: Jeffrey K. Barton, Dir. REFERENCES: Office of :Management and Budget The employees who transferred with the Building Department have been joint city -county employees for many years. They have been on the city retirement plan during that time. For the 30 days after their change, they have the option to transfer to the State Retirement System. The City of Vero Beach has agreed to release the funds currently in the City Retirement Plan (Individual contributions, City con- tributions & Interest) for the purpose of funding the necessary payments to the State Retirement System. There is an under funding of approximately $30,000 to buy in the State System. My recommendation is for the Board of County Commissioners to approve the conversion from the City Plan to the State Retirement System and the under funded amount be paid from the fund balance in the joint enterprise operation of the Building Department. This process is also acceptable to the City. Administrator Wright recommended that should the Building Department employees elect to join the State Retirement System, the County fund the $30,000 needed to enter the State System from the Building Dept. enterprise fund. Chairman Bird asked what would happen if we did not add the $30,000 and Tom Nason said they would have the option to either continue with the City plan or, through their own resources, of making up the difference of buying into the plan at the level of years of service. There are ten employees involved plus one person who does not want to enter the State Retirement System as he is nearing retirement age. That can be worked out with the City. 33 L __.QCT 19 1983._ 6 55 roc r OCT 19 193 1 .55 PAC1 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock, that the Board approve the transfer of the Building Department employee retirement plan from the City of Vero Beach to the County system which is the State Retirement Plan, and that $30,000 be made available from that department's enterprise fund. Under discussion, Administrator Wright stated that he could not foresee any similar situations, as far as setting a negative precedent, that would be inconsistent with what the County has done in the past. Mr. Nason explained that these enterprise funds have been accumulating over a period of years, so in essence, some of these dollars could very well be City dollars as well as County dollars. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried unanimously. SEPTAGE DISPOSAL - EPA TREATMENT FACILITY The Board reviewed the following memo dated 10/12/83: TO: Board of County Commissionser DATE: October 12, 1983 FILE: SUBJECT: SEPTAGE DISPOSAL EPA TREATMENT FACILITY FROM: M.J.PLP4�1_� Olanis, M.P.H. REFERENCES: Director Environmental Health Septage disposal(the product obtained when you pump 'out a septic tank) has been a•problem for years in Florida. Our current system of lagooning at the landfill is going to be phased out by DER in the near future. Because of the emphasis • on groundwater protection and hazardous waste(septage is considered very hazar- dous much more so than sludge from treatment plants)local government is being pressured by the state to develop a method of disposal that treats the product for reduction of bacteria etc and then allows.for the disposal on DER approved land spreading.sites. 34 Palm Beach County is currently contracted with EPA to provide this service at their Dyer Boulevard landfill.site and they are highly encouraged by the re- sults obtained by the process. (Reduction in hazardous materials is significant as can be seen by the attached back-up). The product can then be spread on the land at approved DER sites. EPA has approved.sites in Indian River County. The County Enviromental Health Department provides another alternative in that we have the authority to approve land spreading of untreated material, something I am reluctant to do and believe will shortly be stopped by DER. The EPA process has another advantage in that the final product has significant fertilizer value and has shown that it may increase grove -production in Palm Beach County. The county utilities department --has agreed that this proposal is consistant- with "state of the art" treatment and have gone on'record as supporting the concept. The Environmental Health department supports the concept because it appears to be a logical and practical approach to a difficult problem and as such can have long range benefit to the public health of the community. Environmental Health Director Mike Galanis explained that there is a very serious problem of dumping septage into a lagoon at the County landfill and that the Dept. of Environmental Regulation is very close to telling us that we can't dispose of it at the landfill. He introduced Mr. Gary Hammond, President of HES Sludge Management Systems, Inc. Mr. Hammond, using an easel chart pack, presented.his firm's process of treatment whereby septage is treated with lime and other chemicals so that it is no longer objectionable or pathogenic and becomes a product that can be applied to citrus groves through irrigation equipment. Mr. Hammond explained that the Project Approach would include: 1) Design 2) Disposal Site Permitting 3) Contract 4) Construction of Plant 5) Operating the Plant 6) Future Planning for Expansion Mr. Hammond distributed copies of the following proposal: 35 K 5 MUM rOCT 19 1983 HES SLUDGE MANAGEMENT SYSTEMS, INC. P.O. BOX 1261 Boynton Beach, Florida 33425 We are pleased to provide this cost effective proposal for your review and consideration. E P A is a full service Sludge Management Company. Our range of services include; Septage Treatment Systems: Consulting, Design and Operation. SCOPE OF SERVICES 1.. HES shall construct a treatment facility for Septage Waste and operate the facility at NO cost to the County. 2. HES shall receive dump fees from the users of the facility to cover construction and operational costs. 3. HES shall secure all permits for the installation and operation of the treatment facility that are required by law and shall bear the expense of obtaining said permits. 4. HES shall maintain daily supervision of the treatment facility by a Certified Operator licensed by the Florida Department of Environmental Regulation. 5. The County shall provide HES with a site for the construction of the treatment facility for the fee of $ 1.00 per year. The site lease shall be for at least a five (5) year period. 6. The County shall construct and maintain a shell rock access road to the treatment facility and provide an electrical power source. 7. The County agrees to forward all septage received at the landfill to the HES treatment facility. 8. The County agrees that HES will not accept hazardous or industrial waste. 9. HES agrees to begin construction within fifteen (15) days and begin operation within fifteen (15) days of receipt of the Florida Department of Environmental Regulation permit. TERM. The term of this Agreement shall be for a period of five (5 years. This agreement shall be renewed automatically for an additional term of five (5) years at the end of the initial term unless the County notifies HES at least one (1) year prior to the end of the initial term as to the County's intentions to terminate such agreement: 36 m Treated 0.89 0.40 0.58 0.13 6,390 1,311 0.05 0.04 0.59 0.25 6.57 .96 2.41 0.27 0.13 0.04 1.80 1.80 1.80 1.80 1.80 3.70 1.80 1.80 EPA Treatment Facilities, Inc. is currently operating three (3) TREATMENT SYSTEMS in the West Palm Beach Area. 37 OCT 191983 a��R 5 r��� �.7 SUMMARY OF TEST RESULTS E P A Treatment System Parameter Units Raw VS ' Total Solids Z- 1.92 0.32 Total V.Solids 7 5.87 -- 0.07 BOD5 Mg/l 26,760 10,800 Cadmium Mg/l 0.08 0.22 Lead Mg/1 0.97 3.39 Zinc Mg/l 10.05 47.10 Copper Mg/l 3.88 52.50 Chromium Mg/l 0.25 0.71 Fecal Coliform MPN 3,300 28,000,000 70,000 1,600,000 Total Coliform MPN -17,000 790,000,000 18,000,000 31,000,000 m Treated 0.89 0.40 0.58 0.13 6,390 1,311 0.05 0.04 0.59 0.25 6.57 .96 2.41 0.27 0.13 0.04 1.80 1.80 1.80 1.80 1.80 3.70 1.80 1.80 EPA Treatment Facilities, Inc. is currently operating three (3) TREATMENT SYSTEMS in the West Palm Beach Area. 37 OCT 191983 a��R 5 r��� �.7 OCT 19 1983 55 raURS Commissioner Scurlock was concerned with the fly-by-night operators that pump out their septic tank trucks in illegal places instead of at the landfill where they are charged $5 per load; the trucks carry approximately 1000 gallons. He recommended that these operators be licensed so that the County has some control over their operations. Chairman Bird felt that a franchise agreement might be best so that the County could maintain control over the operators' prices. He asked Mr. Hammond if their feasibility study showed that there is enough septage being generated in the County to warrant a treatment plant. Mr. Hammond explained that this product will be given to the citrus grove people at no charge. Of course, they would like to work with the groves closest to the plant as it would keep the costs down. Presently, there is more demand than there is supply. Administrator Wright stated that the alternative to this plan is going with the city treatment plant and having to charge fees of $40 per load. Attorney Brandenburg advised that HES would have to obtain a franchise from the County and that the tank truck operators should also have a franchise. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board authorize staff to work with HES and come back with a franchise proposal and also to address the franchise requirement for the existing tank truck operators. Under discussion, Commissioner Bowman noted that Palm Beachwas working with a portable processing situation and W � � s I was advised that this plant would be a permanent installation. Chairman Bird supported the concept, but was concerned that Indian River County might be processing huge amounts of septage from other counties. Commissioner Wodtke suggested that Administrator Wright check to see if there might be any effect or restrictions on our bond convenant at the landfill as far as deriving revenue from the $5 -fees. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried unanimously. PUBLIC HEARING - FLORIDA HEALTH FACILITIES PROJECT - INDUSTRIAL DEVELOPMENT BONDS The hour of 10:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a�i� �Lf% in the matter of /,70 .1, %'rz in the lished in said newspaper in the issues of Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida. each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before �th.sa Yof A.D. 19 ' (Rusin st Manager) (Clerk of the Circuit Court, Indian River County, Florida) PUBLIC NOTICE ALL MEMBERS OF THE PUBLIC are ad- vised that the Board of County Commmission- ers of Indian River County, Florida, will con- sider the adoption of a resolution with the fol- lowing title at their regularly scheduled meet- ing of October 19, 1983, at 10:30 a.m. in the Commission Chambers of the Administration Building, 1840 25th Streeet, Vero Beach, Flor- ida 32960: A RESOLUTION FOR THE FINANCING OF THE ACQUISITION, CONSTRUKC- TION AND EQUIPMENT OF A 120 -BED NURSING HOME FACILITY LOCATED AT 1310 37TH STREET, VERO BEACH, FLORIDA, IN INDIAN RIVER COUNTY. FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $2,400,000 INDUSTRIAL DEVELOP- MENT REVENUE BONDS, SERIES 1983 (FLORIDA HEALTH FACILITIES PROJECT), OF INDIAN RIVER COUN- TY. FLORIDA, THE PROCEEDS. OF WHICH WILL BE LOANED TO FLOR- IDA HEALTH FACILITIES CORP. (OF INDIAN RIVER COUNTY), THE OWNER OF SUCH PROJECT, TO PAY THE COST THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS AND FOR THE PAY- MENT THEREOF; APPOINTING A TRUSTEE AND PAYING AGENT FOR THE HOLDERS OF THE BONDS; AU- THORIZING THE SALE OF TEH BONDS AND EXECUTION AND DELIV- LERY OF A TRUST INDENTURE, LOAN AGREEMENT, MORTGAGE AND SECURITY AGREEMENT: MAK- ING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFEC- TIVE DATE. This advertisement is published to meet the requirements of the Tax Equity and Fiscal Re- sponsibility Act of 1982 (IRS Regulation 5 F.103.2 (f) (2) ). If any person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at this meeting, he will new a record of the proceed- -ngs, and that for such purpose he may need to ensure that a verbatim record of the pro- .eedings is made, which record includes the testimony and evidence upon which the ap- �)eai is to be based. Richard N. Bird. Chairman Board of County Commissioners :)ot.4.1983. - OCT 19 1983 39 4 55 OCT 19 193 s I 5 The Board reviewed the following memo dated 9/23/83: TO. Members of the DATE: September 23, 1983 FILE: Board of County Commissioners SUBJECT: Florida Health Facilities Project, Industrial Development Revenue Bonds Series 1983, $2,400,000 FROM: Gary M. Brandenburg REFERENCES: County Attorney This matter was previously scheduled for an August Board of County Commissioners' meeting. At that time we were informed that a challenge to the development's Certificate of Need had been filed in Tallahassee. I am now pleased to inform the County Commission that the challenge has been resolved and the matter is once again in a position to proceed. Chairman Bird opened the Public Hearing and asked if anyone wished to be heard. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing. Attorney Brandenburg explained that back in March, 1983, the project ran into a problem with the issuance of a Certificate of Need at the State level, and that problem has been resolved and the certificate issued. The proprietor is now ready to proceed with financing and requests that the County enter into the bond resolution. The Attorney continued that County's bond counsel has reviewed the resolution; it is in order; and -he recommended that the Board proceed to approve it. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board by a vote of 4-0, Commissioner Wodtke having temporarily left the meeting, adopted Resolution 83-102, authorizing the issuance of $2,400,000 Industrial Revenue Bonds, Series 1983, to Florida Health Facilities (Clark Development, Inc.) _ 40 _ C_ RESOLUTION NO. 83- A RESOLUTION PROVIDING FOR THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF A 120 -BED NURSING HOME FACILITY LOCATED AT 1310 37TH STREET, VERO BEACH, FLORIDA, _ IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $2,400,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983 (FLORIDA HEALTH FACILITIES, PROJECT), OF INDIAN RIVER COUNTY, FLORIDA, THE PROCEEDS OF WHICH WILL BE LOANED TO FLORIDA HEALTH FACILITIES CORP. (OF INDIAN RIVER COUNTY), THE OWNER OF SUCH PROJECT, TO PAY THE COST THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS AND FOR THE PAYMENT THEREOF; APPOINTING A TRUSTEE AND PAYING AGENT FOR THE HOLDERS OF THE BONDS; AUTH- ORIZING THE SALE OF THE BONDS AND EXECU- TION AND DELIVERY OF A TRUST INDENTURE, LOAN AGREEMENT, MORTGAGE AND SECURITY AGREEMENT, AND GUARANTY AGREEMENT; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted pursuant to Chapter 159, Part II, Florida Statutes, and other applicable provisions of law (collectively, the "Act"). SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms used in this resolution shall have the meanings specified in the Trust Indenture (the "Indenture") and Loan Agreement, Mortgage and Security Agreement (the "Loan Agreement") attached hereto as Exhibits A and B, respectively. SECTION 3. FINDINGS. It is hereby ascertained, deter- mined and declared as follows: A. Indian River County, Florida (the "Issuer"), is authorized by the Act to make and execute financing agreements, -1- OCT 19 1983 K 55 Face 121 rOCT 19 1963 3 ray contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing of certain projects, including machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that. the Issuer may be able to promote the economic develop- ment of the State of Florida (the "State"), increase oppor- tunities for gainful employment and otherwise aid in improving the prosperity and welfare of the State and its inhabitants; and to provide such financing through the issuance of industrial development revenue bonds. B. The acquisition, construction and equipment of a 120 -bed nursing home, including any necessary utilities, by Florida Health Facilities Corp. (of Indian River County), a Florida corporation (the "Borrower"), the owner thereof, to be located at the street address of 1310 37th Street, Vero Beach, Florida 33960, entirely within the unincorporated area of the Issuer (the "Project"), is appropriate to the needs and cir- ctnstances of the community of the Issuer, and the location of the Project within the jurisdictional territorial limits of the Issuer will make a significant contribution to the economic growth of such community, will provide gainful employment and will serve a public purpose by advancing the economic prosperity and the general welfare of the State and its people. C. Giving due regard to the ratio of the Borrower's current assets to its current liabilities, the net worth and ear- nings trends of the Borrower, coverage of all its fixed charges, the nature of the business involved, its inherent stability, the Guaranty Agreement described in Section 9 hereof, and all other factors determinative of the Borrower's capabilities, financial and otherwise, of fulfilling its obligations consistently with the purposes of the Act, the Borrower is financially responsible and fully capable and willing to fulfill its obligations under the Loan Agreement, including the obligation to make payments thereunder in the amounts and at the times required pursuant to the terms of the Loan Agreement and the obligation to operate, repair and maintain the Project, at its own expense; and the Borrower is desirous of fully performing all other obligations anis responsibilities imposed upon it pursuant to the provisions of the Loan Agreement. D. The Issuer is able to cope satisfactorily with the impact of the Project, and all the necessary public facilities, utilities and services that will-- be necessary for the construction, operation, repair and maintenance of the Project and on account of any increase in population or other circumstan- ces resulting by -reason of the location of the Project within the jurisdictional territorial limits of the Issuer, will be provided by the Borrower when needed. -2- M E. Adequate provision is made under the provisions of the Loan Agreement for the operation, repair and maintenance of the Project at the expense of the Borrower, and for the payment of the principal of, premium, if any, and interest on the Bonds. F. The principal of, premium, if any, and interest on the. Bonds and all payments required under the Loan Agreement and the Indenture shall be payable from the proceeds derived by the Issuer under the Loan --Agreement, including the Loan Payments required to be made by the Borrower in connection with its use and operation of the Project, and the Issuer shall never be required to (1) levy ad valorem taxes on any property within its jurisdictional territorial limits to pay the principal of, premium, if any, and interest on the Bonds or to make any other payments provided under the Loan Agreement and the Indenture, or (Z) pay the same from any funds of the Issuer other than those derived by the Issuer under the Loan Agreement or the Guaranty Agreement; and such Bonds shall not constitute a lien upon any other property owned by or situated within the jurisdictional territorial limits of the Issuer. G. The payments to be made by the Borrower to the Trustee under the Loan Agreement will be sufficient to pay all principal of, premium, if any, and interest on the Bonds, as the same shall become due, and to make all other payments required by the Loan Agreement and the Indenture. H. The costs to be paid from the proceeds of the Bonds will be costs of the Project, within the meaning of the Act. I. The interest on the Bonds will be exempt from federal income taxation under existing laws of the United States. J. Industrial development revenue bonds are tradi- tionally sold on a negotiated basis and, consequently, a com- petitive sale of the Bonds would in all probability not produce better terms than a negotiated sale, particularly in view of the timing of such an offering and the current instability of the bond market. K. The Bonds are payable from the proceeds of the Loan Agreement and, therefore, the Issuer does not have a direct interest in the terms of sale. The Borrower has expressed its unwillingness to undertake the risks and expenses attendant to a public sale of the Bonds. L. The complex nature of the security for payment of the Bonds requires a lengthy review of the credit of the Borrower 1XIM OCT 19 1983 55 MU 1?3 ®CT 19 1993 5 ME 1.24 which would be financially impractical for bidders to undertake in a competitive sale context. M. The Issuer expects to sell the Bonds at negotiated sale shortly after their validation. V. Notice of the proposed adoption of this resolution was published, at least once not later than 14 days prior to the date of adoption of this resolution, in a newspaper of general circulation in the area of the Issuer. SECTION 4. FINANCING OF PROJECT AUTHORIZED. The financing of the cost of the Project in the manner provided in the Loan Agreement is hereby authorized. SECTION 5. AUTHORIZATION OF BONDS. Obligations of the Issuer to be known as "Industrial Development Revenue Bonds, Series 1983 (Florida Health Facilities Project)," are hereby authorized to be issued in an aggregate principal amount not exceeding $2,400,000, in the form and manner described in the Indenture. The Bonds will be dated such date and mature in such years and amounts, will contain such redemption provisions and will bear interest at such rate or rates (not exceeding the maxi- mum interest rate permitted by the Act), all as provided in the Indenture. SECTION 6. AUTHORIZATION .OF EXECUTION AND DELIVERY 'OF LOAN AGREEMENT. The Loan Agreement, in substantially the form attached hereto as Exhibit B, with such changes, insertions and corrections as may be approved by the Chairman of the Board of County Commissioners of the Issuer (the "Chairman"), such appro- val to be presumed by his execution thereof, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Chairman and Clerk of the Board of County Commissioners of the Issuer (the "Clerk") to execute and attest under the official seal of the Issuer, the Loan Agreement, and to deliver to the Borrower the Loan Agreement, all of the provisions of which, when executed and delivered by the Issuer as authorized herein and by the Borrower duly authorized, shall be deemed to be a part of this resolution as fully and to the same extent as if incor- porated verbatim herein. SECTION 7. TRUSTEE AND PAYING AGENT. The Issuer hereby appoints Barnett Banks Trust Company, N.A., Jacksonville, Florida, as Trustee and Paying Agent with respect to -the Bonds. SECTION 8. AUTHORIZATION OF EXECUTION AND DELIVERY OF INDENTURE. As security for the payment of the principal of, -4- premium, if any, and interest on the Bonds, pro rata and without preference of any one of the Bonds over any other thereof, the Indenture, in substantially the form attached hereto as Exhibit A, with such changes, insertions and corrections as may be approved by the Chairman, such approval to be presumed by his execution thereof, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Chairman and Clerk to execute and attest under the official seal of the Issuer, the Indenture, and to deliver to the Trustee the Indenture, all of the provisions of which, when executed and delivered by the Issuer as authorized herein and by the Trustee duly authorized, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein. The Issuer does hereby provide in the Indenture the terms,. conditions, covenants, rights, obligations, duties and agreements to and for the benefit of the holders of the Bonds, the Issuer, the Borrower and the Trustee. SECTION 9. APPROVAL OF GUARANTY AGREEMENT. The Guaranty Agreement, in substantially the form attached hereto as Exhibit C, with such changes, insertions and corrections as may be approved by the Chairman, such approval to be presumed by his execution thereof, to be dated as of even date with the Indenture and Loan Agreement, is hereby approved, and the Issuer hereby authorizes and directs the Chairman and Clerk to execute and attest under the official seal of the Issuer, the Guaranty Agreement. SECTION 10. SALE OF BONDS. The Bonds may be sold at negotiated sale, all at one time or in installments from time to time, for such price or prices and upon such other terms and conditions, consistent with the Act, as the Issuer may determine in its discretion. SECTION 11. NO PERSONAL LIABILITY. No covenant, stipu- lation, obligation or agreement herein contained or contained in the Loan Agreement, Indenture or Guaranty Agreement shall be deemed to be a covenant, stipulation, obligation or agreement of any member, agent or employee of the Issuer or its governing body in his individual capacity, and neither the members of the Board of County Commissioners of the Issuer nor any officer of the Issuer executing the same shall be liable personally thereon or on the Bonds or be subject to any personal liability or accoun- tability by reason of the issuance of the Bonds. SECTION 12. NO THIRD PARTY BENEFICIARIES. Except as herein or in the Loan Agreement, Indenture or Guaranty Agreement otherwise. expressly provided, nothing in this resolution or in -5- OCT 19 198355 PA1125 F�__ OCT 19 193 s � 5 mu 126 the Loan agreement, Indenture or Guaranty Agreement, expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation other than the Issuer, the Barroaer, the Guarantor, the holders of the Bonds and the Trustee any right, remedy or claim, legal or equitable, under and by reason of this resolution, the Loan Agreement, Guaranty Agreement or Indenture; this resolution, the Loan Agreement, Guaranty Agreement and Indenture intended to be and being for the sole and exclusive benefit of the Issuer, 'the Borrower, the holders from time to time of the Bonds and the Trustee. SECTION 13. PREREQUISITES PERFORMED. All acts, con- ditions and things relating to the passage of this resolution, and to the execution of the Loan Agreement, Indenture or Guaranty Agreeclent, required by the Constitution or laws of the State to happen, exist and be performed by the Issuer precedent to and in the passage hereof, and precedent. to the execution and delivery of the Loan Agreement, Indenture or Guaranty Agreement, have happened, exist and have been performed as so required. SECTION 14. GENERAL AUTHORITY. The members of the Board of County Commissioners of the Issuer and the officers, attorneys, engineers or other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this resolution, the Loan Agreement, Indenture or Guaranty Agreement, or desirable or consistent with the requirements hereof or such documents, for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, Loan Agreement, Indenture or Guaranty Agreement and this resolution. SECTION 15. VALIDATION AUTHORIZED. The attorney for the Issuer is hereby authorized and directed to prepare and file proceedings in the Circuit Court for Indian River County, Florida, to validate the -Bonds in the manner provided by law. SECTION 16. ARBITRAGE. The Issuer covenants that it will not direct the Trustee to make any investments or acquiesce in the making of any investments by the Trustee pursuant to or under the Loan Agreement or the Indenture which could cause the Bonds to be "arbitrage bonds"' within the meaning of Section 103(c) of the Internal 'Revenue Code of 1954, as amended, and the applicable regulations issued thereunder. SECTION 17. RESOLUTION CONSTITUTES A CONTRACT. The Issuer covenants and agrees that this resolution shall constitute a contract between the Issuer and the holders from time to time of any of the Bonds then outstanding, and that all covenants and WE M M M . agreements set forth herein and in the Loan Agreement and the Indenture to be performed by the Issuer shall be for the equal and ratable benefit and security of all holders of the Bonds without privilege, priority or distinction as to lien or other- wise of any of the Bonds over any other of the•Bonds. SECTION 18. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein -con- tained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and 'void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds issued hereunder. SECTION 19. REPEALING CLAUSE. All resolutions or parts thereof of the Issuer in conflict with the provisions herein con- tained are, to the extent of such conflict, hereby superseded and repealed. SECTION 20. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing resolution was Scurlock who moved its adoption. by Commissioner Bowman and, the vote was as follows: Chairman Richard N. Bird Vice Chairman Don, C. Scurlock, Commissioner Margaret C. Bowman Commissioner Patrick B. Lyons Commissioner William C. Wodtke, offered by Commissioner The motion was seconded upon being put to a vote, Jr. Jr. Aye Aye Aye Aye Absent The Chairman thereupon declared the resolution duly passed and adopted this 19thday of October 1983. -7- OCT 19 1983 BOX 55 14E 127 OCT 19 1993 55 PACE 128 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD : Chairman Attest: / c ?� - l CAI F REDA WRIGHT, Cldrk APPROVED AS TO FORM AND LEG4SUFFIENCY ByRAi1DEN$URtor ey cm LEASE OF TWO COUNTY LOTS TO BETHEL A.M.E. CHURCH The Board reviewed the following memo dated 10/11/83: TO. FILE: Members of the Board DATE: October 11, 1983 of County Commissioners 0. SUBJECT: Lease of 2 Lots to the Bethel A.M.E. Church of -- Indian River County,.Inc. FROM: Gary M. Brandenburg REFERENCES: County Attorney The Board of County Commissioners of Indian River County previously received the request of Rev. Jackson on behalf of the Bethel A.M.E. Church of Indian River County, Inc. for the use of two lots abutting their current church site. The Church proposes to use these two lots to construct a new facility. Under the provisions of Florida Statutes §125.38 the County may determine that certain properties are not needed for County purposes and therefore eligible for use by other governmental organizations and not-for-profit corporations organized for the betterment of the community. In this case, the County does not have to place the properties out for bid and may negotiate a lease or conveyance of the property at any value it sees fit regardless of the actual value of the property in question. Attached to this memorandum you will find a 99 -year lease agreement between the County and the Church providing for the rental of $1.00 per year for a total of $99.00 payable in advance. Once this lease is executed, the Church will have total responsibility for the site and agrees to hold the County harmless from any liability arising from their use of the site. I have included a provision automatically terminating the lease if the Lessee should ever use the premises for anything other than church and associated purposes or should the Lessee abandon use of the site as a church facility for a continuous period of six months after the initial construction phase. As an additional safeguard, I have included a provision providing for the automatic termination of the lease if construction of a new facility is not commenced on the site within a 3 -year period after execution of the agreement. Please review the agreement and all of its terms and indicate what modifications, if any, are necessary to make it consistent with the County Commission's intent. I have provided Rev. Jackson with a copy of this lease and have invited him to the County Commission meeting to discuss the matter. 41 Qff 191993 Respec fly submitted, y '� Brandenburg V.O.x 55 puk 1?9 OCT 19 1993g K 5� ��� Attorney Brandenburg advised that Rev. Jackson of Bethel A.M.E. Church has requested a renewal clause for another 99 -year period be included in the proposed lease agreement, as he intends to build a church that will last forever. Commissioner Bowman suggested that on Page 1 of the lease agreement the wording of "hurricane or tornado" should be added to the third sentence of the last paragraph which reads, "Lessee will at expiration of said term, without demand, quietly and peaceably deliver up the possession of said premises in good state and condition, damage or destruction by fire excepted, in which event all structures situated on the property shall become the sole property of the Lessor." Attorney Brandenburg explained that the County's interest is in the land and he did not think the County is interested in acquiring a church structure, but agreed to clarify that by adding "hurricanes or other natural disasters." Commissioner Scurlock considered it a good suggestion as the County might end up with the responsibility of having to remove a lot of debris. Attorney Brandenburg advised that the provision for the 99 -year renewal clause would be added as another paragraph incorporated into the lease agreement before presenting it for signature. ON MOTION by Commissioner Bowman, ♦9 SECONDED by Commissioner Wodtke, the Board unanimously adopted Resolution 83-103 authorizing the Chairman's signature on the 99 -year lease Of two County lots to Bethel A.M.E. Church with amendments as noted above. 42 RESOLUTION NO. 83-103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PURSUANT TO FLORIDA STATUTES 5125.38 AUTHORIZING THE EXECUTION OF A 99 YEAR LEASE WITH OPTION TO RENEW WITH BETHEL A.M.E. CHURCH OF INDIAN RIVER COUNTY, INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA. WHEREAS, the Board of County Commissioners of Indian River County owns Lots 58 and 59 of Block 2 of Hall, Carter & James Subdivision, lying in Fellsmere Farms Subdivision, Township 31, Range 37, and WHEREAS, the -commission has examined the property and being fully apprised of the needs of the County has determined that these parcels are not needed for County purposes at this time, and WHEREAS, the Bethel A.M.E. Church of Indian River County, Inc., a not-for-profit corporation existing under the laws of the State of Florida, has applied to the County Commission for use of the property for the construction.of a new church. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. Lots 58 and 59 of Block 2, Hall, Carter & James Subdivision, lying in Fellsmere Farms Subdivision, Township 31, Range 37 are not needed for County purposes. 2. Bethel A.M.E. Church of Indian River County, Inc. has requested the use of the property for the construction of a new church facility. 3. The Board of County Commissioners finds and deter= mines that the property is needed for the construction of a new church facility and such a facility will promote the community's interest and welfare. 4. The Chairman and Clerk are authorized and directed to execute the attached ninety-nine year lease containing an option to renew with the rental of ONE DOLLAR and 00/100 ($1.00) per year, payable in advance. The foregoing resolution was offered by Commissioner Bowman who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the vote was as follows: OCT 19 1983 J OCT 19 1983 55 PAS Chairman Richa.rO W. hirci Aye Vice -Chairman Don C. Scurloc'{; 7r. Aye Commissioner Margaret C. Bowman Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of October , 1983.. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By5�� RICHARD N. BIRD r Chairman 1 � Attest: FREDA WRIGHT Clerk APPROVED TO FORM AND. LEG UFF By ty Attor -2- 99 -YEAR LEASE AGREEMENT BETWEEN INDIAN RIVER PURSUANT TO FLORIDA STATUTES §125.38 A BETHEL A.M.E. CHURCH OF INDIAN RIVER COUNTY, INC., A CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA THIS LEASE, made this -�' .� day of or ie) Ir" 1983 between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called "Lessor," and BETHEL A.M.E. CHURCH OF INDIAN RIVER COUNTY, INC., a corporation existing under the laws of the State of Florida, hereinafter called "Lessee. WITNESSETH: That said Lessor does by these presents lease and.let unto said Lessee, certain premises, to wit: Lots 58 and 59, Block 2, Hall, Carter & James Subdivision, lying in Fellsmere Farms Subdivision, Township 31, Range 37. TO HAVE AND TO HOLD the premises aforesaid unto said Lessee from the ��'� day of ©CTD key- , 1983 for the term of ninety-nine (99) years then next ensuing, yielding and paying for the same unto said Lessor as rent the sum of ONE DOLLAR and 00/100 ($1.00) per year or a total of NINETY-NINE DOLLARS and 00/100 ($99.00) payable in advance. Lessee hereby covenants with Lessor that it will pay all charges for gas, electricity and other illuminant, and for all water used on said premises; and that Lessee shall hold Lessor harmless from the accumulation of any of said charges. Lessee agrees not to use or permit the premises to be used for any illegal or improper purposes nor permit any disturb- ance, noise or annoyance whatsoever, detrimental to the premises or to the neighborhood; and will not sublet or assign this lease or any part thereof, without the written consent of Lessor. Lessor agrees that Lessee may construct structures on the premises at Lessee's entire expense. Lessee will at expiration of said term, without demand, quietly and peaceably deliver up the possession of said premi- ses in good state and condition, damage or destruction by fire, hurri- canes or other natural disasters excepted, in which event all struc- tures situated on the property shall become the sole property of the Lessor. Lessee agrees to take the property as it exists as of the date of execution of this agreement, and Lessor shall not be responsible OCT 19 193 r9 - OCT 1 1983 l K . 5 5 PAu13 a for any conditions known or unknown existing on the site. Lessee shall be responsible for keeping the site and all structures located thereon in a good and safe condition. Lessee shall be totally responsible for all individuals using the site during the term of this lease and agrees to save and hold Indian River County harmless from any and all damages, losses, claims, litigation or threats thereof at Lessee's sole expense. This lease shall automatically terminate should Lessee ever use the premises for anything other than church and associated purposes or should the Lessee abandon use of the site as a church facility for a continuous period of six (6) months after the initial construction of the premises. This lease shall automatically terminate if construction of a new church facility has not commenced on the site within three (3) years of the execution of this instrument. Lessor does hereby grant to Lessee the right, privilege and option to extend this Lease for a period of ninety-nine (99) years, from the date of expiration of the lease upon the same terms, conditions and for the same annual rent as contained in said lease, provided notice in writing to Lessor of Lessee's intention to exercise that option is given at least one hundred twenty (120) days prior to the expiration of the initial term of said lease. IN WITNESS WHEREOF, said parties have hereunto set their hands and seals this day of rte¢ 1983. INDIAN RIVER COUNTY BY ITS BOARD OF COUN7 COMMMJXw&1QNERS By -R CHARD N. BIRD Chairman 1 ^�Attest: FREDA WRIGHT Clerk BETHEL A.M.E. CHURCH OF INDIAN R COUN, INC. qlkk By -2- Approved!,aj to form i and leg tfi n^ r� 3rancenburg 694n y Attorney M STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me personally appeared RICHARD N. BIRD and FREDA WRIGHT, as Chairman of the Board of. County Commissioners and Clerk of the Court, respectively, to me well known and known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. — WITNESS m hand and official 1 seal, this -day of Pf7j 1983. / ) - - ., � 4" / / , STATE OF FLORIDA COUNTY OF •BREVARD c BONDED THRU GENERAL INSURANCE UNQ MY COMMISSION EXPIRES JULY 8 1986 Before me personally appeared REV. HENRY R. JACKSON as President of the Bethel A.M.E. Church of Indian River County, Inc., to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official sea1, this. 27th')>>dAy of October , 1983. ry Public NOTARY PUBLIC, STATE OF FLORIDA AT LARGE Ail► COMMISSION EXPIRES SEPTEMBER 28, 19" DOM = TNHOIJON MUROSCMBMTOM, IMC. -3- OCT 19 1983 r T 19 OC MEMBERS OF JONES S FOSTER, P. A. AUC- l-83 ATTORNEYS AND COUNSELORS 817 BEACHLAND BOULEVARD P. O. BOX 3406 1� PROPOSED RELOCATION OF RIGHT-OF-WAY, JUNGLE TRAIL/RIVER BEND The Board reviewed the following letter dated 8/30/83: 0 oxES, FOSTER Se tilOSS WEST PALM BEACH OFFICE JONES 6 FOSTER, P A. 601 FLAGLER DRIVE COURT P. 0. DRAWER E WEST PALM BEACH. FLORIDA 33402 (305) 659-3000 Re: River Bend/Jungle Trail - Proposed Relocation of Right -of -Way Dear Gary: I am enclosing a copy of the legal description for the proposed relocation of the Jungle Trail right-of-way prepared by Beindorf and Associates. I am also enclosing a legal description for the lands west of the proposed relocation on which we are proposing to create the support easement. Based upon our discussions of August 30, 1983, we are scheduled to appear before the Transportation Committee on September 13, 1983 at 10:00 A.M. I would ask that you also make arrangements to place us on the agenda of the September 21 County,Commission meeting. Thank you for your continued assistance. Kindest regards, By Steve L. Henderson Attorney Brandenburg explained that Florida Land Co. would like. the County to consider a relocation of the existing maintenance map right-of-way that was established in 1977 for Jungle Trail. They are requesting the old right-of-way alignment be abandoned and a new right-of-way be established by deed. He stated that the advantage to FLorida Land Co. of the realignment of Jungle Trail is that it would settle forever the right-of-way issue about the 43 MEMBERS OF JONES S FOSTER, P. A. AUC- l-83 ATTORNEYS AND COUNSELORS 817 BEACHLAND BOULEVARD P. O. BOX 3406 1� VERO BEACH, FLORIDA 32964-3406 (305) 231-1900 LARRY B.ALEXANDER MARJORIE G. GRAHAM MATTHEW S. NUGENT GEORGE H. BAILEY STEVE L. HENDERSON RICHARD J. OLACK ROBIN A.BLANTON- THORNTON M. HENRY WILLIAM W. PRICE W.CHESTER BREWER.JR. THEODORE W. HERZOG BRUCE M. RAMSEY 'DAVID A.CAIRNS PETER S.HOLTON PETER A. SACHS JAMES R.COLE R. BRUCE JONES, 5 R. ROBERT L.SELLARS MARGARET L. COOPER THOMAS A. KOVAL SIDNEY A.STUBBS.JR. B. JEANE CRIPPEN MICHAEL T. KRANZ GEORGE P. SUPRAN CHARLES H. OAMSEL.JR. CLINTON W. LAMER ALLEN R.TOMLINSON L. MARTIN FLANAGA:11 ROBIN A. LLOYD EVERETT J. VAN GAASBECKWILLIAM A. FOSTER JOHN BJ. D. p PAUL August 30, 19 8 3 THADDEUS D. MARTMAN BRIAN MIORR SSEYKEN C. WOLFENSON HOWARD D. GAY GEORGE H. MOSS Gary Brandenburg, Esquire County Administration Building 1840 25th Street Vero Beach, Florida 32960 WEST PALM BEACH OFFICE JONES 6 FOSTER, P A. 601 FLAGLER DRIVE COURT P. 0. DRAWER E WEST PALM BEACH. FLORIDA 33402 (305) 659-3000 Re: River Bend/Jungle Trail - Proposed Relocation of Right -of -Way Dear Gary: I am enclosing a copy of the legal description for the proposed relocation of the Jungle Trail right-of-way prepared by Beindorf and Associates. I am also enclosing a legal description for the lands west of the proposed relocation on which we are proposing to create the support easement. Based upon our discussions of August 30, 1983, we are scheduled to appear before the Transportation Committee on September 13, 1983 at 10:00 A.M. I would ask that you also make arrangements to place us on the agenda of the September 21 County,Commission meeting. Thank you for your continued assistance. Kindest regards, By Steve L. Henderson Attorney Brandenburg explained that Florida Land Co. would like. the County to consider a relocation of the existing maintenance map right-of-way that was established in 1977 for Jungle Trail. They are requesting the old right-of-way alignment be abandoned and a new right-of-way be established by deed. He stated that the advantage to FLorida Land Co. of the realignment of Jungle Trail is that it would settle forever the right-of-way issue about the 43 AUC- l-83 1� WEST PALM BEACH OFFICE JONES 6 FOSTER, P A. 601 FLAGLER DRIVE COURT P. 0. DRAWER E WEST PALM BEACH. FLORIDA 33402 (305) 659-3000 Re: River Bend/Jungle Trail - Proposed Relocation of Right -of -Way Dear Gary: I am enclosing a copy of the legal description for the proposed relocation of the Jungle Trail right-of-way prepared by Beindorf and Associates. I am also enclosing a legal description for the lands west of the proposed relocation on which we are proposing to create the support easement. Based upon our discussions of August 30, 1983, we are scheduled to appear before the Transportation Committee on September 13, 1983 at 10:00 A.M. I would ask that you also make arrangements to place us on the agenda of the September 21 County,Commission meeting. Thank you for your continued assistance. Kindest regards, By Steve L. Henderson Attorney Brandenburg explained that Florida Land Co. would like. the County to consider a relocation of the existing maintenance map right-of-way that was established in 1977 for Jungle Trail. They are requesting the old right-of-way alignment be abandoned and a new right-of-way be established by deed. He stated that the advantage to FLorida Land Co. of the realignment of Jungle Trail is that it would settle forever the right-of-way issue about the 43 M M M County's ownership. It also establishes Florida Land Co.'s riparian rights to the piece of property along the river. Commissioner Scurlock read aloud the following recommendation of the Transportation Planning Committee. 1. Any work within environmentally sensitive areas must receive approval by the County's environmental planner. 2. -A tree survey must be performed in the proposed right-of-way. 3. Florida Land Company must stake out the proposed right-of-way. 4. Florida Land Company will pay for stabilizing the river shoreline. 5. All costs for the changes in alignment would be borne by Florida Land Company. 6. The Company will also remove any objections to the County's permitting process. Attorney Brandenburg reported that the Public Works Dept. had done a survey showing the maintenance map right-of-way, the current road bed and the proposed road bed. Public Works Director Davis explained the map showed the three routes in different colors. Attorney Brandenburg explained that County policy on these matters has been: 1) that the road has been there in the public records and we have good documentation that it has been there prior to 1924 when the County acquired absolute title of that roadway by virtue of it being posted and viewed under the procedures back then; 2) that it was not objected to by any of the current or abutting owners at the time; 44 QCT 19 1983 BN*9 55 pm 137 OCT 19 198 P ri 55 3) that the County has subscriptive rights to the road; and 4) that our maintenance map has been correctly filed and is in proper place, as that road has eroded over the years. Commissioner Lyons admitted he could not understand this at all, and Attorney Brandenburg stated that the problem is that Riverbend is having trouble marketing lots facing Indian River as there is a title problem -- it is a real dollar and cents matter. Ruth Stanbridge, member of the Jungle Trail Committee, apologized that the Jungle Trail Committee did not meet in September. She reported that they would have had a permit with the DER in regard to this right of way. It was to be issued on October 3rd; however, on September 30th, Florida Land Co. notified the DER that they had objections. She reported that they are now into administrating hearings on this matter. The erosion control permit would have reestablished part of the road bed that was in the river. She reported that they had already lost one grant of $10,000, and another grant was pending. Without a permit from the DER, they were stopped. She had understood that Florida Land Co. would not object to the erosion control. She also has problems with abandoning our maintenance map in that section because it is almost like saying that we don't .have rights to that road. Attorney Brandenburg stated --that it is obviously a boundary line dispute. If we shift the right of way slightly to the east, Florida Land Co. would have the right to apply for permits for such structures as a dock. He pointed out that if the Board approves the right of way shift, the roadway itself would not be moved. It would stay where it is now. Commissioner Lyons pointed out that the Jungle Trail Committee has worked hard and long on this and he felt that 45 ® M M they should have the opportunity to have their questions answered prior to the time the Board acts on it. Chairman Bird felt that this was a matter where the County has the road going into the river in one place and onto Florida Land Co. property in another place, and it has to be straightened out. Commissioner Scurlock felt that the --road is a public scenic_ trail and we want to have it forever; we want -to maintain and stabilize it; it is something that is precious to many people in this county. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, that the Board conceptually approve the moving of a portion of the right-of-way along Jungle Trail; authorize staff to work with Florida Land Co. and the Jungle Trail Committee and return to the Board with a formal agreement that will ensure stabilization of the shoreline. Under discussion, Commissioner Wodtke asked if there could be some sort of a timeframe put on this as shoreline stabilization needs to be done very soon. Ruth Stanbridge pointed out that we have lost one grant on this already and there is another grant of $10,000 pending, but they need a permit first. The hearings may take 30 or 60 days; until they receive the permit, they cannot do anything. Mr. Henderson asked if there was some way to exclude the Florida Land Co. portion of the road from the erosion control application as it was not their intent that the County lose grant money. OCT 19 1983 46 11 gf l'K . 55 ?Au 139 OCT 19 1983 , S5 PAcf 140 Attorney Brandenburg felt that if the County would amend its request to eliminate the Florida Land Co. section of the road, that would eliminate the objection and there would be no problem with the permitting. He agreed to coordinate these activities. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried unanimously. APPROVAL OF NORTH COUNTY RECREATION AGREEMENT The Board reviewed the following letter dated 10/11/83: o5 ` October 11, 1983 Rene G. Van de Voorde 1327 North Central Avenue Sebastian, Florida 32958 Re: North County Recreation Dear Rene: I have not heard from you since I sent you the second copy of the agreement approved by the Board of County Commissioners for North County Recreation, Inc.. Because this matter has carried forward now for some time without any.progress, I feel compelled to place the matter back before the County Commission on October 19, 1983 for their further review. Please advise if there is any particu- lar difficulty that I may be able to help you with to enable this matter to be completed. WVerytryours, nden urg orney Attorney Brandenburg explained that the County considered this and authorized the agreement that is in the agenda packet today. He contacted Mr. VandeVoorde who explained that the North County group had discussed the 47 agreement at their last meeting and wished to have a caveat added to the agreement that in the event the agreement was terminated, any equipment that was bought would remain in the north county. Commissioner Lyons wished we could find a way to get rid of this separation of north and south county recreation areas and make it all one. The other point is there is some language in paragraph #4 re non-discrimination which they thought would require them to open their programs to everyone county -wide; i.e. if they opened up a program for Sebastian, they would have to open it to everyone in the north county area. Attorney Brandenburg advised them that this was not the intent of the paragraph, but they want to delete the last sentence: "No special privileges, preferences 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." Commissioner Lyons asked if it would help to say "equal recreational opportunities to all county residents who wish to participate." Commissioner Wodtke suggested the wording, "No special privileges, preference or treatment shall be given to any individual or group in the north county", and Attorney Brandenburg agreed that it wouldn't hurt to include that. Chairman Bird asked if the southern boundary of the designated area could be South Winter Beach Road, rather than Hobart Park, as he had received some calls from Winter Beach residents asking if they could be included in the north county area. To resolve this matter, it was decided to add Winter Beach to the list of north county communities listed in paragraph 3 on page 1 of the agreement. 48 OCT 19 1983 6E.�t9 55 mu 141 r 1 OCT 19 1993 55 partl42 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved and authorized the Chairman to sign the North County Recreation Agreement with amendments as described above, Attorney Brandenburg advised that the next meeting of the North County Recreation Committee would be held in approximately one month and he would submit this amended agreement to them for their approval at that time. SAID AGREEMENT WILL BE MADE PART OF THE RECORD WHEN EXECUTED AND RECEIVED APPROVAL TO FILE SMALL CLAIMS ACTIONS The Board reviewed the following memo dated 10/12/83: TO: Members of the Board DATE: October 12, 1983 FILE: . of County Commissioners SUBJECT: Request Authority to File Small Claims Actions FROM: Christoph r J. Paull REFERENCES: Assistant County Attorney This office has been attempting to collect damages during the past several months from a number of drivers responsible for damage to various public improvements, for example guardrails, bridge abut- ments and street signs. As of this date, three of the matters remain unresolved. At this time, it is this office's opinion that litigation is required to prompt further action from the respon- sible parties. We, therefore, request authority from the Board to initiate small claims actions in the County Court for collection of the following damages from the below named parties: 1. Accident 4/10/83 - John C. Slater and/or Gary L. Lind --$834.40, at County Road 606 and 33rd Avenue. 2. Accident 4/22/83 - Jeffrey L. Crawford --$264.61, at 4th Street and 58th Avenue. 3. Accident 7/17/83 - Marcel St. Julien --$362.64, at Lateral A and Storm Grove Road. The County has expended funds from various Road and Bridge accounts to do all necessary repairs and the lawsuits will be directed at recouping these money damages, together with costs of litigation and attorney's fees if appropriate in the eyes of the court. 49 11 On MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the County Attorney to file small claims actions as listed in the above memo. The Board of County Commissioners thereupon recessed for lunch at 12:00 Noon and reconvened at'1:30 o'clock P.M. with the same members present. PURCHASE OF OCEANFRONT PROPERTY UNDER BEACH BOND ISSUE Attorney Brandenburg reviewed his memo, as follows: TO: Members of the DATE: October 11, 1983 FILE: Board of County Commissioners SUBJECT: Purchase of Oceanfront Property under the $'5,000,000 Indian River County Series 1983, General Obligation Bond Issue Gary M. Brandenburg FROM: County Attorney REFERENCES: A considerable amount of time has now passed since the County's purchase of the oceanfront parcels. The County received certain options and rights on other properties at the time they closed on the initial series of purchases. Because this subject has been on the backburner in all our minds after the initial purchase, I thought it would now be appropriate to remind the Commission of the time deadlines involved. ERDO TRACT The County received a 6 -month option to purchase all of Government Lot 6, Section 10, Township 31 South, Range 39 East lying West of A -1-A less the north 608 feet thereof for a price of $311,850.00. This constitutes approximately 10.395 acres amounting to $30,000.00 per acre. This option must be exercised before December 9, 1983. OCT 19 1983 50 R 5 rac,.E 141 OCT 19 1983 5 PAGE 1 d The County also received a 6 -month first right of refusal beginning at the expiration of the option period and extending until June 9, 1984 on the same property. GOLDEN SANDS PROPERTY During negotiations on these parcels, the County received a 6 -month option to purchase certain properties lying west of State Road A -1-A for the price of $350,000.00. This option expires on January 7, 1984. Thereafter, the County receives the right of first refusal for the same property for an additional 6 months. This right of first refusal extends until July 7, 1984. Furthermore, the County receives an additional donation of land from the Golden Sands Corporation if the County purchases the URI International option property. If, on the other hand, the County does not elect to exercise its option to purchase the URI International option property, then the County is granted the same option and right of first refusal privileges as indicated above on the donation parcel at $35,000.00 per acre. URI INTERNATIONAL PROPERTY The URI International Corp. granted Indian River County an option to purchase the south 300 feet of the north 600 feet of Government Lot 2, Section 14, Township 31 South, Range 39 East lying east of A -1-A for the price of $581,157.50. This option may be exercised any time by the County prior to June 8, 1984. The first option date of December 9, 1983 is rapidly approaching. I would recommend that the County Commission commence consideration of the possible purchase of additional beach properties. The Finance Department has notified this office that there remains $296,053.60 in the Beach Bond Acquisition Fund. Respec . E ly Commissioner Lyons commented that he has talked with Ney Landrum, Director of the Division of Recreation & Parks, Department of Natural Resources; apparently they now have two lists which they are presently forming up, and it would be wise for us to get back in the process. Community Services Director Thomas informed the Board that we are definitely scheduled to go before the Cabinet in January; our state contract people are furnishing the information they have requested; and they say they are satisfied with our cooperation. He did not know of two lists, however. 51 M Commissioner Scurlock felt it would be appropriate for the Chairman and his Parks and Recreation Committee to take another look at the available property and make a recommen- dation as to the best use of the remaining $296,000. He noted that we have been consistent about having ingress and egress from SR AlA, and if we purchased one of these tracts, a factor to be considered is that there iz some interior property that would have ingress only through Jungle Trail and we would have to consider the need for right-of-way to AlA. Commissioner Lyons felt it is important that staff is authorized to go to Tallahassee at any time to see what has changed in the process or what is needed, and the Chairman agreed that he would be glad to have an extra set of eyes and ears to help. He did not have any objection to taking this back to the Parks & Recreation Committee if the timing is adequate. Attorney Brandenburg went over the various options set out in his memo, referring to charts of the optioned property as follows: 52 OCT 19 1983 »4__... a rc 5 PAGE145 OCT 19 198 God beN S',50,5 PRo PERTY I ` :L 8 PARCEL 8 eRDo �'AROF�- k 53 c � ; 5 PAU 145 2� 0 z.. a 553' / M The Attorney continued that the County has already purchased parcels 9 and 10 of Golden Sands and has a one year option on Parcel 8, (the URI International portion) at the same price. He reported that the agent for Golden Sands called from Switzerland and confirmed that he is willing to sell any portion of Parcel 11 at the same dollar figure. Chairman Bird commented that apparently the characteristics of the two parcels are almost identical-, the main difference being the opportunity to acquire more oceanfront on Parcel 8, but he believed we are a bit short of funds to obtain that parcel. Commissioner Lyons wondered if some of the property owners might be willing to extend their options since there is a possibility of more money becoming available in January. Chairman Bird asked if the Commission would consider setting some kind of priorities. He believed the oceanfront is the highest priority and stated that he would be willing to take a shot at offering what we have for Parcel 8. If that was not accepted, he felt we then could go with the option on the landward side of AlA on either parcel since they are almost identical; it is just a question of where we get the best deal. Commissioner Scurlock commented that he would like the Chairman and the Attorney to contact adjoining property owners who may be landlocked and see if they are willing to participate financially re getting an access easement. Commissioner Wodtke felt we should consider the possibility of getting a one year extension on the options even if it costs us something as he believed they are all desirable as a parcel. Attorney Brandenburg noted that the option on Parcel 8 is a straight year option, and we have until June 8, 1984. 54 OCT 19 1983 OCT 19 1983 k scar :5 5PA f 48 On both the other options, we have a first right of refusal for an additional six months. Commissioner Scurlock commented that he has confidence in the Attorney and the Chairman to handle this matter, and Commissioner Lyons concurred. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman and Attorney to do whatever they feel is necessary re the options involved with the beachfront properties. ROUTE 60 WATER LINE Attorney Brandenburg commented that at the last meeting the Board authorized staff to work with individuals on Route 60 who want a water line. Staff did meet with these people, and they were very concerned and eager to proceed and hope the Commission will give permission to hire an engineer to design this line. Attorney Brandenburg did not know if the Administrator would want to go in-house on this or not, but since the people are anxious to move ahead as soon as possible and the competitive negotiation process takes at least 112--2 months, he suggested that we start advertising for engineers, but not let a contract until the developers group is incorporated and agrees to pay their fair share of the negotiated cost. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the County Attorney and staff to proceed with the required advertising requesting bids for engineering design of the SR 60 water line extension. 55 MARINE PATROL LEASE The Board reviewed the following memo from Administrator Wright, who reconfirmed his need of the extra space. TO: The Honorable Members of DATE: October 10j• 1983 FILE: the Board of County Commissioners SUBJECT: MARINE PATROL LEASE FROM: Michael Wright REFERENCES: County Administrator Attached for your consideration is a request from the Florida Marine Patrol that we waive the six month termination clause in their lease. Current revenues derived from the lease are $1,365 per month. However, the space is needed for spillover xoom from the second floor departments and I recommend the Board act favorably on the Marine Patrol request. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously waived the six month termination clause in the lease with the Florida Marine Patrol. 56 A Off 19 1983 arm 55 PACE 1.49 r . OT 19 1981 STATE OF FLORIDA 9 DEPARTMENT OF GENERAL SERVICES I.ARSON Iit'ILDING TA LLAHASSEE. FLORIDA .13.104 "LONE: AGREEMENT FOR CANCELLATION OF NO.: 740:0124 LEASE AGREEMENT WHEREAS the Department of Natural Resources , iereinafter called the lessee, and the owner, County of Indian River owner s name , hereinafter called the lessor, have previously :ntered into Lease No. 740:0124 for 1,602 square feet, Located at 1840 25th Street , Vero Beach , tstreet address) tcity) 'lorida, for a term ending on October 31 1983 and expiration ate WHEREAS the Department has determined that the continued use of ;aid space will no longer be required after October 31, 1983 and (cancellation ate WHEREAS the public good requires the lessee, in light of these :ircumstances, to cancel the lease of the said space and to terminate my further obligations relating thereto from and after October 31 1983 (cance ation" ate THEREFORE, in consideration of the mutual promises and covenants ierein contained, the lessor and lessee do hereby agree to cancel and :ermi.nate the aforementioned lease and that the lease shall become null ind void and of no further force and effect as of October 31, 1983 (cancellation date IN WITNESS WHEREOF, the parties hereto have hereunto executed :his instrument for the purpose herein expressed, this 24th day )f October 19 83 A.D. r Approvedform and legal ficipcy,, / ORIGINAL SIGNATURE REQUESTED ON ALL COPIES Lessor is an Individual: igned, sealed and delivered in ie presence of: �-ry- .,.randenbulg (SEAL) - - - (SEAL) S TO LESSOR SSOR Chairman Lessor is Corporation: Indian River Board of Count Commissioners igned, sealed and delivered in y ie,presence of : Name of Corporation By: _— (Corporate Sea]) Its President S TO PRESIDENT ATTEST. Its Secretary STATE OF FLORIDA DEPARTMENT OF — ' By: LESSEE 3 TO LESSEE istribution: Original: Lessee 1st Copy: Lessor 2nd Copy: Department of General Services CM 4061 (5-73 MR DISCUSSION RE .11/22 PUBLIC HEARING ON COUNTY UTILITY RATES Administrator Wright commented that he had recommended that we advertise for a public hearing on November 22nd on County Utility rates. Commissioner Scurlock felt it is apparent that all the information we have been trying to develop with our rate consultant is not necessarily being convoyed to everyone concerned. He believed we had thought about having a prehearing on this with our staff and consultant so that prior to the actual public hearing. we have a clear under- standing of exactly what is being proposed. He continued that we have met with the Vista groups representatives and requested them to inform us if they had any better approach or alternative to the proposal before us, but to date we have not had any response. Commissioner Scurlock, therefore, felt that a good educational approach might help head off mass confusion. Commissioner Lyons concurred with holding an educational prehearing and suggested that we hold another such educational meeting prior to the General Development Utility rate hearing on November 9th. Administrator Wright stated that staff fully intends to bring the Board this information; he felt it is unfortunate that rates were brought up at the last meeting. Commissioner Lyons did not feel this is a separate issue in the public mind and noted that he has -some questions that he would like to have an opportunity to go over with staff in a workshop to be sure we thoroughly understand what General Development is asking for; how it compares to the last time; why it is different, etc. Commissioner Scurlock reiterated that the Chairman specifically requested an opportunity to go down and speak to the Vista group himself, and received no response, which M D OK 55 PAGE 151 OCT 19 198 he did not feel is fair as he believed a good educational program may serve to clear up a lot of misunderstanding. Chairman Bird asked if Commissioner Scurlock desired a preview hearing before Nov. 22nd where staff would go and meet in the Vista Royale facility, and Commissioner Scurlock believed that we should at least make the offer. Administrator Wright asked if the Board wished him to come in with the staff analysis of the General Development Utility rates on November 2nd and inform GDU and also have a preliminary hearing with property owners at Vista Royale. Board members stated that the Administrator should make this offer to those involved. Commissioner Wodtke noted that we have an advertised public hearing at General Development on November 9th, and on the 2nd will have a presentation by the County and General Development, but no actual hearing. He stressed -that he did not want to get into a situation where 500 people from General Development say this was discussed a week ago and decided on and they weren't even there. Attorney Brandenburg felt we should ask General Development Utilities if they have any objection to the suggested preliminary workshop, and the Board agreed. REAPPOINTMENTS TO BUILDING CODE BOARD OF ADJUSTMENTS The,Board reviewed the following staff memo: 59 - M TO: Board of County DATE: October 12, 1983 FILE: Commissioners FROM: Alice White Secretary Re -appointments to SUBJECT: Building Code Board of AdAustments REFERENCES: Dean Luethje and Peter Robinson's terms have expired on the Building Code Board of Adjustments. Both men have agreed to accept re -appointment. Each member of the Board is appointed for 4 years. In order to have all appointments expire in January, it is requested that the terms of Mr. Luethje and Mr. Robinson be extended to January, 1988. Discussion ensued regarding length of term, and it was noted that this would be for four years and 3 months. It was agreed to check and see if an individual can serve several terms. ON MOTION MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously re- appointed Dean Luethje and Peter Robinson to serve another term on the Building Code Board of Adjust- ments subject to checking out the regulations re serving of terms. MEDICAL EXAMINER - INTERLOCAL AGREEMENT Chairman Bird announced that he had received a request from States Attorney Robert Stone asking us to be part of an interlocal agreement with Martin, St. Lucie and Okeechobee 60 brx 55 pAu 153 OCT 19 1983 I _ 1 OCT 19 1933 r x.15 Counties to acquire the services of a full time Medical Examiner. At budget time we did earmark certain funds to be used towards the Medical Examiner's fee. The Chairman continued that Indian River Community college has agreed to provide all the facilities to support the Medical Examiner; they would build a new morgue and it will be a first class medical examiner's facility. Dr. Leonard Walker has been set up as the full time Medical Examiner, his employment is supposed to start 1/1/84; budgeting and funding will be prorated over nine months to end on the fiscal year. The four counties have gotten together and approved in concept the requirements he would be placed under as a Medical Director, and this is spelled out in an interlocal agreement which was prepared by the Attorney in St. Lucie and will be reviewed by the other counties. The Chairman stated that what Attorney Stone would like us to do is draft a letter agreeing to this concept similar to the following letter drafted by Martin County: a 61 r 1213��DiSTRIBUT'ON LIST .p�► 8P Adir.'-1-:--trator tti f !� o L Pe, ..:,nel _ 0 Pu'::.c Works ry c�8Z1Zgt5 U Olities Finance v .Other Mr. Robert E. Stone „October 11, 1983 State Attorney 19th Judicial Circuit P. 0. Box 4401 - Fort Pierce, Florida 33454 Dear Mr. Stone: At its regular meetinq of October 11, 1983, -the Board of County Commissioners aporoved this letter of intent concerning the funding of a full-time Medical Examiner and related facilities for the 19th Judicial Circuit. It is the Board's intention to enter into an Interlocal Agreement with Indian River, St. Lucie and Okeechobee Counties and with Indian River Community College, based upon the following conditions: 1) That the Governor's appointee, Dr. Leonard balker, obtain certification as a forensic pathologist within the first year of the agreement and not later than September 30, 1984. 2) That the agreement become effective January 1, 1984, and that the budoet and funding_ he reduced to the remaining nine (9) months of the fiscal year accordingly. 3) That the first year funding proration be based on deaths and autopsies for the calendar year 1982, and subsequent years on actual experience. 4) That a duly appointed Committee of Commissioners he considered in the Agreement for purposes of budget review. 5) That the renewal of Interlocal Agreements and budget submissions for the Medical Examiner coincide with the budget calendar for the fiscal year required of the participating Counties by law. Chairman Bird stated that if the Board members agree with the concept, he would like permission to write a similar letter of intent and at the same time ask the County 62 OCT 19 1983 55 PnE 155 OCT 1 S 1983 PAu 156: r Attorney to begin work on the proposed interlocal agreement and bring it back to this Commission with any corrections or changes he may feel are required. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock, to authorize the Chairman and the Attorney to proceed as above. Commissioner Scurlock asked whether the Community College was involved in this in any way other than providing the facility. Chairman Bird explained that Dr. Walker will be an employee of the college and he will be somewhat under their control as a staff member, but more under the control of States Attorney Stone. The college will receive the benefit of having Dr. Walker on board for their clinical classes. The Chairman believed the agreement will be between the various counties and the college, and the college will pay Dr. Walker. Commissioner Scurlock felt strongly that the Medical Examiner should work directly for the county and law enforcement, and he did not want the Junior College to have any say-so over him with their control, especially in view of the recent adverse publicity the College has had alleging censorship of their radio station, -etc. Commissioner Scurlock had no problem with using the facility or with the college using some of Dr. Walker's services, but stressed that he wished the doctor to be absolutely under the control of the counties and sheriffs. Commissioner Lyons asked if the crime lab isn't run by the Junior College, and Chairman Bird confirmed that it is in the same building to which the morgue has been added. 63 Commissioner Lyons agreed with Commissioner Scurlock's views, but believed that doctors get a better deal by being associated with the scholastic society and felt it may be late to do anything about this. Commissioner Scurlock continued to stress that he did not want some outside agency able to involve themselves with our Medical Examiner. Chairman Bird agreed this is a good point, but noted that the college is willing to put forth a very expensive facility for the Examiner to work with. Commissioner Scurlock asked whether something could be inserted in the agreement stating that Dr. Walker's reports and his involvement in the medical exams will be totally directed by and accountable to the county as opposed to the college. He wished to make at least that portion separate so that when it comes to medical records, the Junior College has no influence on the doctor. Attorney Brandenburg believed the college has some funding questions that may enter into this, and we will have to be careful as to our wording. Commissioner Wodtke stated that he values the States Attorney's thoughts on this relationship, and if Mr. Stone feels this arrangement will work out effectively, he believed that he has considered the situation carefully. Chairman Bird pointed out that we are only committing ourselves for nine months at this time, and hopefully Attorney Brandenburg can address our concerns. Attorney Brandenburg believed the Commission mainly wants the Medical Examiner to be professionally independent, and apparently is not concerned about the other aspects of his employment by the college. The Board agreed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. .64 OCIN 55 PAGE 1 J 7 GGT 1 y 1983 J OCT 19 1903 REPORT - PARKS & RECREATION COMMITTEE A. Small County Parks Chairman Bird reported that the Parks & Recreation Committee has been checking on the multitude of small parks around the County which are more of a liability than an asset. This is a lengthy process; they have done five parcels already and will be making a recommendation on November 2nd on seven parcels. The Chairman stated that if the Board agrees with the concept of disposing of these properties which do not have a public purpose and only place the County in a liability situation, they will continue to wade through them one at a time. They already have five more underway for a total of twelve, and over the next year, they hope to get through some 40 to 50 of these small parcels. Commissioner Bowman noted that she has no idea where any of these little pocket parks are located. She wondered if we actually do provide enough places for older people to go out and sit in the sun and felt possibly some of these pocket parks could be landscaped and made use of depending on the neighborhood. Chairman Bird agreed there may be some that would fit that criteria, and stated the Parks and Recreation Committee will look at them on an individual basis. B. Change Order re paving entrance to Tracking Station Park Chairman Bird commented that -we recently approved a change order re paving a strip between the 7-11 Store and the entrance to the Tracking Station Park. Mr. Al MacAdam, resident of Indian River Shores, seemed to recall that when we first acquired the property, there was something to preclude the 7-11 Store from using that entrance road. If this is true, perhaps that change order will have to be reconsidered. 65 Administrator Wright assured the Board that the Change Order will not be executed until this point is cleared up. REPORT - TRANSPORTATION PLANNING COMMITTEE Commissioner Scurlock reviewed the following summary: SUMMARY OF ACTIONS TRANSPORTATION PLANNING COMMITTEE -- OCTOBER 11, 1983 1. 10th Parkway extension to Indian River Memorial Hospital: Staff reported that property owners have been contacted regarding right-of-way donation. The Florida Baptist Convention has tentatively agreed to donate 40'. Kennedy Groves has declined. Staff was directed to proceed with formal right- of-way donation between the County and the Baptist Covention and to communicate with the hospital regarding interconnection relative to their master plan. 2. Twelfth Street Corridor Study: Staff distributed and presented the Twelfth Street Traffic Improvement Plan for review during the month and formal discussion at the November meeting. 3. Gifford Area Traffic Study: Staff reported on the study status to be ready for the December meeting. Several Gifford community citizens presented their concerns with area transportation needs. 4. Street Lighting Policy: T.P.C. directed staff to develop a street lighting policy for roadway intersections based on criteria/warrant analysis. OCT 191983 (1) Commissioner Scurlock explained that it was neces- sary to move ahead as the Florida Baptist Convention only meets once a year. Staff also was directed to begin communicating with the Hospital re their Master Plan as we received an indication that the rehabilitation center may be between 10th Avenue and the entrance and there may be a question whether the extension will be feasible. (2) Commissioner Scurlock reported that a comprehensive document re the 12th Street Corridor was produced by staff in-house using an Apple Computer, and he felt it was a very thorough analysis and a credit to Traffic Engineer Orr. WOK 55 PAG. 159 OCT 19 1983 BC -^K 55 ,U169 (3) Commissioner Scurlock continued that a contingent a from the Gifford Progressive Civic League attended the last meeting of the Transportation Planning Committee and gave significant input. Their prime concern was that the top priority not be South or North Road, but Lindsey Road, to take traffic around the Gifford community. With regard to acquiring right-of-way, it was noted that there are fewer property owners on Lindsey Road. (4) Commissioner Scurlock reported that Mr. Davis and staff are developing and identifying intersections and criteria for lighting that can be applied uniformly throughout the county. DISCUSSION RE FOURTH COURTROOM Commissioner Lyons informed the Board that he had asked the Administrator to look into the cost of leasing space for a fourth courtroom and also to look into the possibility of a minimal amount of reconstruction on the second floor of the Annex to make a very basic large courtroom. The Administrator has submitted a drawing of a proposed courtroom which he believes can be put together for less than $50,000. Administrator Wright wished to make it clear that this would be a temporary facility and must be considered as such. He defined temporary as two to three years and empha- sized that such a courtroom would have limitations. Commissioner Lyons noted that we know we have to spend some money on this, and if we rent, possibly it may be more money than we think and it also will disrupt the Clerk's operation. He continued that he would like to have permission to present the Administrator's proposal to the Judges to see if they find any particular problem with it, and hopefully this could be the temporary solution.. In general it would be done with temporary partitions which can be used later for further revision of the space. The only 67 part where something different may have to be done is the sound insulation around the jury room and the witness room. Commissioner Lyons stated that if the Judges feel they can work with something like this, he would hope to move ahead with it. Chairman Bird believed we are on the right track. He reported that he had a casual conversatidh with Judge Smith in regard to the Board's feeling that we do not want to make an extravagant expenditure for something temporary, and Judge Smith seemed to think that room could be set up in a configuration similar to the one we set up in the 2001 Building with a minor amount of renovation The primary consideration was acoustics. The acoustics in Judge Stikelether's present courtroom and the two small courtrooms are adequate, and if we could give them a long range commitment about taking care of their needs somewhere in the future, Judge Smith believed this space could be renovated at some minor cost and could be used for small claims type cases, traffic court cases, etc., that don't require the elaborate sound system. Also, there apparently is the possibility of working out some scheduling between the County Judge and the Circuit Court Judges to exchange courtrooms when a larger courtroom is needed. The Chairman believed this is a workable solution and noted that the Judge said if we did work this out, we would not even need another jury room or witness room. The Administrator noted that the rooms are not the expensive part; the expensive part is the carpeting, which will be permanent, and the air conditioning. Furniture also is a large expense, but if we don't get carried away, he believed we can keep expenses down and provide a reasonable courtroom for a reasonable amount. The Chairman directed Commissioner Lyons to meet with the Judges and get their reaction to this proposal. Mi n:,K 55 PnF 161 OCT 19 1983 e B6K J5 PSE1 c2 BUDGET AMENDMENT FOR COUNTY ATTORNEY'S OFFICE Attorney Brandenburg commented that Administrator Wright had reminded him that the Board previously approved budget amendments for his employees and for Mrs. Forlani and her staff to cover their salary budgets, and the Attorney would appreciate such an amendment for his department also. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously added the emergency item to the agenda as requested by the County Attorney. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the necessary budget amendment for the County Attorney's office to make salary adjustments for the Attorney and staff as previously discussed . DOCUMENTS TO BE MADE A PART OF THE RECORD Ordinance 83-25 having been completed and received is hereby made a part of the record as approved at the Regular Meeting of September 7, 1983. INDIAN RIVER COUNTY ORDINANCE N0. 83-25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING A NEW ZONING DISTRICT TO BE KNOWN AS THE HEAVY COMMERCIAL, C-2 DISTRICT; CREATING SECTION 20.1 OF APPENDIX A TO THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE COUNTY'S ZONING CODE; PROVIDING FOR SPECIAL EXCEPTION USES; BUILDING HEIGHT LIMITS, LOT COVERAGE AND YARD SETBACK REQUIREMENTS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: _ SECTION 1 Section 20.1 of Appendix A to the Code of Laws and Ordinances of Indian River County, Florida, known as the Zoning Code, is hereby created to read as follows: Section 20.1 C-2, Heavy Commercial District: (a) Special Exceptions. The following uses may be permitted by the County Zoning Commission after site plan approval according to Section 23. (1) Automobile Cleaning Businesses (2) Bakeries, wholesale, including large scale preparation (3) Boat Sales, Service and Rental Establishments (4) Commercial Nurseries or Greenhouses (5) Commercial and Private Parking Lots and Parking Garages, where parking is the primary use of the facility (6) Drive -In Bank Facilities (7) Drive -In Restaurants (8) Drive -In Theaters (9) Feed and Hay Stores for Animals and Stock (10) Flea Markets (11) Fruit and Vegetable Packing Houses (not includ- ing processing plants) (12) Funeral Homes and Crematoriums (13) Gasoline and/or Service Stations (14) Kennels, where outdoor shelters for animals are provided 70 - OCT 19 1 se,�9 55 PAC. 983 OCT 19 1983 gr?K (15) Large Scale Dry Cleaning and/or Laundry Facilities (16) Lumberyards (17) Marinas and Dry Storage Facilities (18) Moving and Storage Businesses (19) Terminal Facilities (20) Vehicular Sales Service and Rental Establishments (21) Warehouses, Mini -warehouses (22) Wholesale Salesroom and Storage Rooms (23) Or other similar uses. (b) Building Height Limit. No building or structure shall exceed thirty-five (35) feet in height. (c) Minimum Lot Size and Floor Area Required. Since the size and nature of the uses permitted may vary widely, no minimum size lot or floor area shall be required. (d) Lot Coverage. No principal building or structure shall occupy more than forty (40%) percent of the lot. (e) Front Yard. Every lot shall have a front yard or street yard of not less than twenty-five (25) feet. (f) Rear Yard. Every lot shall have a rear yard of not less than twenty (20) feet. (g) Side Yard. A side yard shall be provided on each side of every lot not less than twenty (20)•feet in width. (h) Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for .specific uses as set forth in Section 24 of this ordinance. SECTION 2. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the 71 provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 4 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. CV0MTnW = EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 7th day'of September 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By-�Gz�l��le RICHARD N. BIRD _ Chairman OCT 19 198372 MN 55 PnE165 OCT 191993 ti 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. 88355 - 88617 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 2:50 o'clock P.M. Attest: f Clerk z: 73 d Chairman