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3/7/1984
Wednesday, March 7, 1984 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, March 7, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Raymond Coppage of King's Baptist Church gave the invocation, and Commissioner Wodtke led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously added to today's agenda as Item 18 B 2, out - of -county travel to a conference on Florida__ Growth Issues in Winter Park on March 23rd. Administrator Wright reported that Sheriff Dobeck has .requested an opportunity to address the Board concerning replenishing his budget for overtime pay for his Deputies. MAR 71984 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's agenda.as Item 15 c. B1t�lf PACE 27q, I MAR 7 1994 a�©K Fst Administrator Wright requested that a brief discussion in regard to scheduling a workshop meeting on Proposition I be added to the agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's agenda as Item 15 D. Chairman Scurlock asked that a Proclamation designating Mental Retardation Month be added to the agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's agenda as Item 5 B. Attorney Brandenburg requested that discussion re filing counter claims in two lawsuits be added to the agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's agenda as Items 16 C and 16 D. Attorney Brandenburg made a special request that the Board address any matters with which he is involved prior to 12:30 P.M. as he has to leave for Jacksonville. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of February 2,2, 1984. 2 r r Recording Secretary Virginia Hargreaves informed the agreed these paragraphs should be corrected to read "It was noted that" and "Comment was made that" rather than "Commis- sioner Bird commented" and "Commissioner Bird agreed." Commissioner Bird then asked that the Motion on Page 32 be corrected to reflect that it was seconded by Commissioner Wodtke rather than Commissioner Lyons. The above corrections having been made, ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of February 22, 1984, as written. PROCLAMATION RE MENTAL RETARDATION MONTH Chairman Scurlock read aloud the following Proclamation designating March, 1984, as Mental Retardation Month and presented it to Lenora Quimby, Executive Director of the Association for -Retarded Citizens. t1 MAR 7 1984 BOOK '6 PACE ZN I I Board that she had misunderstood the Motion on Page 59, and it should be corrected to read that the Board authorized Attorney Brandenburg to prepare and send a letter to,St. Lucie County supporting their Resolution proposing amendment of Sec. 768.28 of the Fla. Statute rather than authorizing the Attorney to prepare such a Resolution and adopting same. Commissioner Bird referred tothefirst paragraph on Page 14, noting that that it should refer to tying the homes and the park into "a" sewer plant rather than "the" sewer plant as there is no plant at Blue Cypress Lake as yet. Commissioner Bird next referred to paragraphs 5 and 7 on Page 31 which discussed density of acreage along Indian River Drive near Sebastian and the necessity for building on stilts. He did not believe he had made these statements, but felt they had been made by some member of staff. It was agreed these paragraphs should be corrected to read "It was noted that" and "Comment was made that" rather than "Commis- sioner Bird commented" and "Commissioner Bird agreed." Commissioner Bird then asked that the Motion on Page 32 be corrected to reflect that it was seconded by Commissioner Wodtke rather than Commissioner Lyons. The above corrections having been made, ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of February 22, 1984, as written. PROCLAMATION RE MENTAL RETARDATION MONTH Chairman Scurlock read aloud the following Proclamation designating March, 1984, as Mental Retardation Month and presented it to Lenora Quimby, Executive Director of the Association for -Retarded Citizens. t1 MAR 7 1984 BOOK '6 PACE ZN I I MAR 7 194 BOOK 56 PnE 82 P R O C L A M A T I O N WHEREAS, Mental Retardation is a problem which affects almost six million individuals in America today; and WHEREAS, the most effective weapon for prevention and alleviation of this serious problem is public knowledge and understanding; and WHEREAS, during the.month of March, the Treasure Coast Pilot Club of Vero- Beach has launched a public awareness and education drive; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the month of MARCH, 1984 be designated as MENTAL RETARDATION MONTH in Indian River County, and urges all citizens to give full support to this effort to overcome mental retardation. ATTEST: Freda Wright, Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY t_J—r--G op Don C. Scurlock, Jr. Chairman 4 CLERK TO THE BOARD Commissioner Bird had a question regarding the present procedure for renewal of concealed weapons permits, and Attorney Brandenburg noted that the previous procedure re- quired the presentation of a new fingerprint card which was sent to the FBI for an updated check. At a recent meeting, it was agreed that a new fingerprint card was not necessary and that the Sheriff would only do a local computer check, which is both less time consuming and less expensive. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved renewal applications for a permit to carry a concealed firearm for: Robert J. Schasane John S. Amos William E. Bartsch Chester Dean Brumley Francis L. Dancy Ira LeRoy Dean CONSENT AGENDA Edward B. Dancy Jerry Martin Johnson Arthur H. Sidelinger Thomas Warren Aldrich Larry Howard Howland Commissioner Bird requested that Item K be removed from the Consent Agenda, and Commissioner Wodtke requested that Items B and L be removed. A. 82proval of Sheriff's Deputies ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the appointment of the following Deputy by Sheriff Dobeck: Dorothy Richardson C. Budget Amendment - Bid #194 The Board reviewed the following proposed budget amendment: 5 D�BK MAR 7 1994 PACS 4{� MAR 7 1994 BOOK 56 F�cE TO:Board of County -Commissioners DATE: February 21, 1984 FILE: SUBJECT: Bid #194 Traffic Engineering Pick -Up Truck FROM: Jeffrey K. Barton, REFERENCES: Director OMB The following budget amendment is to allocate the funds to cover the revenue and expense for Traffic Engineering Department to replace Vehicle # 216 which was destroyed in an accident on December 29, 1983. Account Title Account No. Ins proceeds- furn/equip 004400-364-42.00 Automotive 004245-54166.42 Increase Decrease 6,433 6,433 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the above budget amendment as recom- mended by.OMB Director Barton. D. Bid #194 - h Ton Pickup Truck - Traffic Engineering The Board reviewed the following Bid recommendation: 6 TO: BOARD OF COUNTY COMMISSIONEP.S DATE: FEBRUARY 22, 1984 FILE: THRU: Michael Wright County Administrator SUBJECT: IRC Bid #194 - (1) New 1984 Standard i T. Pickup Truck GE RALEP.VIC'')./D IV SIGN FROM: �-` REFERENCES: Caroly oodrich, Manager Purchasing Department DESCRIPTION AND CONDITIONS Bids were received February 14, 1984 at 11:00 A.M. for IRC #194 - (1) New 1984 Standard 1/2 Ton Pickup Truck for the Traffic Engineering Department. This vehicle will replace Veh. #216, destroyed in the accident of December 29, 1983. 17 Bid Proposals Vere sent out, 5 bids were received. ALTERNATIVES AND ANALYSIS The low bid was submitted by Ft. Pierce Dodge, in the amount of $7549.58. All bids met specifications. A 1/2 Ton pickup truck with the same options can be purchased from the Florida State Contract for $61,32.44. The vendor holding this portion of the state contract is Regency Dodge, Jacksonville, F1. RECOMMENDATION AND FUNDING It is recommended that this vehicle be purchased from the Florida State Contract, from Regency Dodge, Jacksonville, F1. Total price - $6432.44. Funds to come from Account #004-245-541-66.42. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the purchase of a 1984 Standard Ton Pickup Truck from Florida State Contract Vendor, Regency Dodge, Jacksonville, for $6432.44, as recommended. E. Bid #195 - Reinforced Concrete Pipe The Board reviewed staff memo as follows: F MAR 7 1984 BOOK 56 RACE MAR 71984 BOOK 56 -FACE-28-90 TO: BOARD OF COUNTY COMMISSIONERS DATE: February 22, 1984 FILE: THRU: Michael Wright County Administrator SUBJECT: IRC Bid #195 - Reinforced Concrete Pipe GERAL ERVICES IVION FROM: ' ��-REFERENCES: Caroly 'Goodrich, Manager Purchasing Department DESCRIPTION AND CONDITIONS 0 Bids were received February 21, 1984 at 11:00 A.M. for IRC #195 - Reinforced Concrete Pipe for the Road & Bridge Department. 4 Bid Proposals were sent out, 2 bids were received. ALTERNATIVES AND ANALYSIS This is an annual bid and the County reserves the right to order any quantity of any size throughout the year. This particular bid will expire on September 30, 1984 to coincide with all other.- annual bids. Bid prices include delivery to the Road 9 Bridge Department or Site. The low bidder on all sizes of concrete pipe is Hydro Conduit Corporation, Orlando, Florida. (See attached Bid Tabulation Sheet) RECOMMENDATION AND FUNDING Staff recommends that IRC #195 be awarded to Hydro Conduit Corporation. Funds to come from Account #004-214-541-35.32. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously awarded Bid #195, the annual bid for Reinforced Concrete Pipe, to Hydro Conduit Corporation, Orlando, Fla., at the prices listed in the following bid tabulation. 8 I.Irne% i tJUAhU yr uvvw 1 V�., .....�, ... O co 1840 25th Street Vero Beach, Florida 32960 �•y cc�� ��^ . . ��wti a A, BID TABULATION w Cj lu+D P "Y O +0 -f BID NO. DATE OF OPENING 195 Feb.2 ���y ay � BID TITLE Reinforced Concrete Pipe ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE NO. 1. Reinforced Concrete Pipe ++t. 6 97 7 07 18" Per ft. 24" Per ft. 13 90 14 10 30" Per ft. 19 36" Per ft. 27 36 27 75 42" Per ft. 37 84 3838 48° Per ft. 46 96 47 63 5411Per ft, 58 90 59174 i 60" Per ft. 70 67 71 68 11 Ppr ft. 84 20 85 40 72" Per ft. 97 79 qq 19 1+Ppr 20 00 NB F. Final Plat Approval - Pinetree Industrial Park Subdv. The Board reviewed the following staff memo: TO: The Honorable Members DATE: February 2 7 , 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: FINAL PLAT APPROVAL OF PINETREE INDUSTRIAL PARK SUBJECT: SUBDIVISION Robert M. Keati g, Ntcp Planning & Development Director FROM: Clare Z. Poupard Pinetree SID Staff Planner REFERENCES: DIS : CLARE It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on March 7, 1984. 0 MAR 71984 BOOK 56 PACE 287 MAR 7 1984 BOOK' ��� CE 2 DESCRIPTION AND CONDITIONS: The subject development is a 10 lot subdivision located on a ±14 acre site. The proposed industrial subdivision is located on the west side of 90th Avenue, south of S.R. 60. The proper- ty is zoned LM -1, Light Manufacturing, and is within the bound- aries of the I-95 and S.R. 60 Industrial/Commercial Node, as approved by the Planning and Zoning Commission and the Board of County Commissioners. ALTERNATIVES AND ANALYSIS: The County Engineer has made a site visit and found all improve- ments to be completely and satisfactorily constructed. The County Surveyor and County Attorney's office have reviewed the face of the plat for conformance with the State and County's platting regulations. The Planning Department has reviewed the plat for conformance with the approved preliminary plat. All requirements for final plat approval have been met. RECOMMENDATION: Staff recommends that the Board of County Commissioners giant final plat approval to Pinetree Industrial Park Subdivision. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously granted Final -Plat Approval of Pinetree Industrial Park Subdivision as recommended by staff. G. Final Plat.Approval - Tall Trees Subdivision The Board reviewed the following staff memo: TO: The Honorable Members DATE: February 27, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keating,6rAICP Planning;& Development Director FINAL PLAT APPROVAL OF TALL TREES SUBDIVISION Clare Z. P6upard-q-0 Tall Trees FROM: Staff Plariner REFERENCES: DIS : CLARE e It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on March 7, 1984. 10 DESCRIPTION AND CONDITIONS: Tall Trees Subdivision is a 25 lot subdivision located on the south side of 14th Street, west of 37th Avenue. The site is 6.7 acres in size. The land is zoned R-1, Single -Family Residential (6.2 dwelling units/acre allowable building densi- ty), and has a LD --2, Low -Density Residential (6 dwelling units/acre allowable building density) land use designation. The proposed building density is 3.7 dwelling units/acre. Preliminary plat approval was granted by the Board of County Commiss'i'oners on September 21, 1983. ALTERNATIVES AND ANALYSIS: The County Engineer has performed a site visit and found all on-site improvements to have been adequately constructed. The County Surveyor -and County Attorney's offices have reviewed the plat for accuracy and legal sufficiency. The Planning Depart- ment has reviewed the plat for conformance with the approved preliminary plat. The City of Vero Beach's Utility Department has issued a letter stating that the site's utilities systems are completely and satisfactorily constructed. . Thus, all requirements of the County's Subdivision Ordinance 75-3 have been addressed. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Tall Trees Subdivision. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously granted Final Plat Approval of Tall Trees Subdivision as recommended by staff. H. Repair of (2) Bulldozer Tracks The Board reviewed staff recommendation, as follows: 11 BeflK PRGE C r MAR 7984 Broxr'" TO: THE HONORABLE MEMBERS OF THEQATE: February 27, 1984 FILE: BOARD OF COUNTY COMMISSIONER I i THROUGH: Terrance G. Pinto Utility Services Director SUBJECT: REPAIR OF TWO CATERPILLER BULLDOZER TRACKS /�Q `�' FR M: Rex Hailey REFERENCES: Landfill pervisor DESCRIPTION AND CONDITIONS: The tracks on the Caterpiller D4 Bulldozer and the Caterpiller D6D Bulldozer need repair. The D4 pins and bushings need replacing and a track adjustment kit needs to be purchased. The D6D needs pins, bushings, and sprocket segments replaced. Written quotations for these repairs will be forthcoming from the Purchasing Department and the Landfill Department and will be distributed to the Board as soon as they are received. 1: TT ATT)TATf• . Funding will come from the renewal and replacement account of the Landfill. T0.: -THE HONORABLE MEMBERS OF THE DATE:`March 6, 1984 FILE: -BOARD OF COUNTY COMMISSIONERS THROUGH: Terrance G. Pint Utility Services DirectSUBJ ECT: ESTIMATES -RECEIVED TO REPAIR LANDFILL CATERPILLER TRACKS FR4 Rex HaileREFERENCES: I Supervisor These figures will serve as the backup for the above agenda item to be heard March 7, 1984: KELLY TRACTOR CAT D-4 Pins -Bushing -Adjustment Kit $1091.70 CAT D -6-D Pins -Bushing= -Sprocket Segments 2030.16 RING POWER CORP. CAT D-4 Pins -Bushing -Adjustment Kit 1149.20 CAT D -6-D Pins -Bushing -Sprocket Segments 2179.28 ROZIER MACHINERY CO. CAT D-4 Pins -Bushing -Adjustment Kit 1117.44 CAT D -6-D Pins -Bushing -Sprocket Segments 2027.96 CRAWLER RAIL -ROLLER CO. .CAT D-4 Pins -Bushing -(minus Adjusting Kit) 909.48 CAT D -6-D Pins -Bushing -Sprocket Segments 1734.72 Pick up and delivery service, no charge. 12 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized repairs to the Caterpillar Bulldozer tracks as recommended by staff. s I. Installation of Cablevision Cable inside Conduit on the Wabasso Bridge The Board reviewed the following memo from the Public. Works Director: TO: The Honorable Members DATE: February 21, 1984 FILE: of the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Request by Florida Cablevision to Install a Cable Inside a 3" PVC Conduit on the-Wabasso Bridg at CR 510 FROM: games W., -Davis, P.E.'; �yREFERENCES: Public Works Director DESCRIPTION AND CONDITIONS Florida Cablevision is requesting to install a Television Cable along the North side of the Wabasso Bridge. This cable -'will be encased within'a3" diameter PVC conduit, and hangers will be connected to the outside of the curb superstructure of the concrete bridge. ALTERNATIVES AND ANALYSIS The existing utilities which are currently suspended from the bridge consist of a 16" water main on the south side, known•as the Lost Tree Village water line. There is availability for future utility corridors on the bridge, however, all requests should be carefully reviewed and priorities established for future utilization. The County requested the DOT approve this installation and Public Works is awaiting their reply. RECOMMENDATIONS It is recommended that the County permit this installation upon the Utility Company agreeing to relocate or remove the installation if future use by the County or by a County approved installation required the corridor. 13 Bt4K PACE ox- 56 MAR 71984 86 1 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to permit Florida Cablevision to install television cable in a conduit on the Wabasso Bridge with the understanding that this will be relocated or removed if the County requires the use of this corridor in the future. J. Resolution re Signatures on County Warrants, etc. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously adopted Resolution 84-16 directing County depositories to honor certain authorized signatures on County warrants and other orders for payment. RESOLUTION NO. 84-16 _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING COUNTY DEPOSITORIES TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT. WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY on January 4, 1984 held an election for the office of Chairman and Vice Chairman of the Board of County Commissioners, and WHEREAS, the County Commission did nominate and select DON C. SCURLOCK, JR., as CHAIRMAN and PATRICK B. LYONS as VICE CHAIRMAN, and WHEREAS, FREDA WRIGHT was elected CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY effective January 4, 1977, and also serves as a CLERK TO THE BOARD OF COUNTY COMMISSIONERS pursuant to Florida Statutes §125.167, and 14 y WHEREAS, it is now necessary to reinstruct the County's depositories as to the signatures necessary to honor County -warrants, checks or other orders for the payment of money drawn in the Commission's name. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, sitting in regular session that: 1. The County Commission has in the past designated certain banking institutions as official depositories of County funds, such designations are hereby ratified and affirmed, and Z. That each designated depository of the Commission is hereby requested, authorized and directed to honor checks, warrants.or other orders for the payment of money drawn in the Commission's name, including those payable to the individual order of any person or persons whose name or names appear thereon, when bearing the facsimile signature of the Chairman of the County Commission and the facsimile signature of the Clerk of the Circuit Court, when said check warrants'or other orders for the payment of money equals or does not exceed the sum of _Three Thousand Dollars ($3,000.00). The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wod.tke and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye mice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye f Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. y Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of March , 1984. BOARD -OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Attest: FREDA-WRIGHT t/ .Clerk 15 By DON Chal TRICK B./Y ce Char an BOOK , JR. PACE B. Budget Amendment - Sheriff's Department d BOOK 5- Fa_1E 294 The Board reviewed the budget amendment proposed to allocate funds for legal services re forfeiture of the confiscated Cessna: TO: Board of County Commissioners DATE: February 21, 1984 FILE: SUBJECT: Sheriff's Department Legal Services for Forfeiture of Cessna 340 # 20LB q�? 03 FROM: Jeffrey K. Barton REFERENCES: Director OMB The following budget amendment is to allocate the -funds to cover the expenses of legal services in reference to the Forfeiture of Cessna 340 #20LB per the copy of the invoices received from the Sheriff's Department. Account Title Account No. Increase Decrease Legal Services 112-600-521-33.11 1,187 Reserve for Contingency 112-600-581-99.91 J KB/dw Balance in Special Law Enforcement Reserve $17,474. as of 2/16/84 1,187 Commissioner Wodtke asked if this is in the contingency in the Sheriff's budget, and OMB Director Barton explained that it is the contingency in the confiscated property account. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the above budget amendment. K. Final Payment For County Garage Fuel Dispensing System The Board reviewed the following staff recommendation: 16 VIWETOPM Honorable Members of the : February 29, 1984 �. Board of County Commissioners THROUGH: Michael Wright, County Ad-ninistrator FROM(i,( : �f James W. Davis, P.E., Public Works Director SUBJECT: Final Acceptance and Request for Final Payment - Indian River County Garage Fuel Dispensing System-- DPW Project 8? REFERENCES: DESCRIPTION AND CONDITIONS ° The County entered into the following contracts to construct new 10,000 gallon fuel tanks, pumps, etc. at the County Garage. Pieco Palm Beach, Inc - $27,433.55 - Contract date July 20, 1983 Time of Completion - 60 calendar days or October 3, 1983 F.V. Casano Electrical Contractor, Inc. - $3,500 - Contract date June 23, 1983 - Time of Completion - 60 calendar days or October 3, 1983 The work included in the above subject contract has been completed and inspected by County staff and Engineer -of -Record. The substantial completion date for both contracts is Feb. 7, 1984. The Contractors have submitted Final Pay Request forms and Final Payment Affidavit. ALTERNATIVES AND ANALYSIS Since two contractors and the County performed various duties on the project, a time extension of 127 calendar days is being requested to extend the completion date to Feb. 7, 1984. This time extension is also justified due to adverse weather conditions and availability of materials. By approving change orders to extend the tine of completion, the County would waive liquidated damages of $50.00 per calendar days. All warranties will begin Feb. 7, 1984. RECON4ENDATIONS AND FUNDING The following recommendations are presented by staff Pieco Palm Beach, Inc. 1) Approve final acceptance of the work and substantial completion date of Feb. 7, 1984. One-year warranty period to begin Feb. 7, 1984. 2) Authorize Chairman to sign Change Order No. 8316-1 extending the contract time of completion by 127 calendar days (to Feb. 7, 1984) . 3 Approve final payment of $27,433.55 and instruct Finance to hold check until as built drawings and a final parts list is delivered to the County. 4) Accept contract Release -of -Lein affidavits and Final Payment forms. F.V. Casano Electrical Contractor, Inc. 1) Approve final acceptance of the work and substantial completion date of Feb. 7, 1984. one-year warranty period to begin Feb.7, 1984. 2) Authorize Chairman to sign Change Order No. 8316-2 extending the contract time of completion by 127 calendar days (to Feb. 7, 1984). 3) Approve final payment of $1,250 and instruct Finance to hold check until as -built drawings and a Final parts list is delivered to the County. 4) Accept contract Release -of -Lein affidavits and Final Payment forms. Funding to be from Account No. 501-000-166-00.00. 17 MAR 7 1984 `ag-flK 56 PIECE Z95 MAR 7 1994 BOOK 5 c9I"F:'S Commissioner Bird asked for a little more explanation 4 as to why this ran overtime. Public Works Director Davis felt the basic reason is that the County elected to do certain work in --house to reduce cost, such as excavation work, pouring concrete slabs, etc. It was done at a very wet time of the year, and we had to dewater the site. We were ready for the tanks, however, but the tank delivery. -was late, and it was basically a problem of getting material on the site at the right time. Administrator Wright agreed there were a number of problems. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously approved final acceptance of the work and substantial completion date of Feb. 7, 1984 for Pieco Palm Beach, Inc., and F. V. Casano Electrical Contractor, Inc.; authorized the Chairman to sign Change Orders No. -9316-1 and 8316-2 extending the contract time of comple- tion by 127 days; approved final payments of $27,433.55 and $1,250 to Pieco Palm Beach and F._V. Casano Elec. Contractor respectively, instructing Finance to hold the checks until receipt of as -built drawings and final parts lists; and accepted contract Release -of -Lien affidavits and Final Payments forms. 18 CHANGE' oi,trtbutlun to: ORDER OWNLR u ARC141TECT ❑ AIA DOCUMENT 6701 CONTRACTOR ❑ FIELD Cl OTHER ❑ PROJECT. Indian River County tlil�C t t)RI)CR NUMBER8316-1 (name, addresfuel Dispensing System TO (Contrac@Fty Garage r Pieco Palm Bear -hr Inc. P.O. Box 4566 Hialeah, Fl. 33014 INITIATION MATE: July 20, 1983 ARCHITECT'S PROJECT NO: CONTRACT FOR: Fuel Dispensing System Tank Installation J CONTRACT DATE: You are directed to make the following changes in this Contract: Time extension of Contract by 127 Calendar days Carpletion date February 7, 1984 `aL-(,v ,,` t'Ili ll— Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates hes agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maxi rnum Cast) was ........................... $ 27, 455.55 Orders ................................. $ Net change-bypreviously authorized Change - P Y The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ The (Contract Sum) (Guaranteed Maximum Cost) will be ( (unchanged) by this Change Order ... ................................................. $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ The Contract Time will be (increased) ( by ( 127 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is February 7, 1984 Autho ed: Pieco Palm Beach, Inc. `19.T'A W'4566 �k of eaUNTY coMMI Address Addre-a+ a COUNTY Hialeah FLa. 33014 184'025th St, Suite N-158 !1 n , V0110 Ueac, Fbrida 32960 AIA DOCUMENT G701 a CHANGE IALAK • Ai'kli 1477 W4110N • AIAO • 1. 14:h THE AMEKICAN INSIITUIE OF AKCHIIECIS, 17JS NtW Wkk AYE.. N K . WASHIN %.WN, 1+.% _txrw 6701 --- 1978 19 BOOK FACE 298 , QkANGE Di,ltibutwil to* 01WER 01WER OWNLR Li ❑ A1,•1 1�)()CUMENT (,701 CONI RAPTOR 0 HFL1) Cl 0T11t:R ❑ PROJECT: Indian River County CHANQA ()RI)FR NUMBER: 8316-2 (name, addressFuel Dispensing System County Garage INIIIATION GATE: June 23, 1983 TO (Contractor): F ARCHITECT'S PROJECT NO: CONTRA( I FOR: Electrical Contract F.V. Casano 1161 Old Dixie Highway L Vero Beach, Fl. 32960 CONTRACT DATE: You are directed to make the iollowing changes in this Contract: Time Extension of 127 Calendar days Completion date February 7,1984 Approved ' o form and t �II lei, Wy By G r Ply randenburg . nt Attorney Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum ,ir (tmlract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ 3,500.00 Net ch,inge by previously authorized Change Orders ................................... $ Vie (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... 5 The (Contract Sum) ((;uaranteed Maximum Cost) will bel ) (un0linged) by this Change Order ......................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will he ... $ The Contract Time will be (increased) (d��8$i'td) by (127 ) Days. The gate of Substantial Completion as of the date of this Change Order therefore is February 7, 1984 Authorized: BOARD OF COUNTY t^.OMMutcctnntt-RS ARC444444 CONT RM UW JIMPA IJ RIVER COUNTY CN r— f''£ ^ AlN l ., JUi 2 - Address Address Vero Beach, Florida 329-60 Jj—'-44 —JL -V-- Is I __ � — C,,I-- ()A M I):�Tt N O / / /tP�d fJAil� AJA UOCUMINT G701 (rl�'n(,L i,ittlli� �•'•�[ Yi'". E"til l'. • AIA' i't IMt AWRICAN INSttlUlt UL AKL11111 .tS, 1:>> r.(w "�w� -N' t % �A %YA5h1Nk-,iur., U, G701 — 1978 20 L. Change Order, Final Payment & Acceptance, Tracking Station, Division 1 & 5 Director Davis reviewed his memo, as follows: TO: The Honorable Members of DATE: February 29, 1984 FILE the Board of County Commissioners THROUGH:Michael Wright, County Administrator SUBJECT: Request for Approval of Change Orders, Final Payment, and,,,Fina�; Acceptance - Project 8201 - Tracking Station Park Division I - Restroom and Site Work-J.B. Construction Inc. FROM:�-- James W.`'Daviz, p.E.,: Division V - Paving and Drainage Public Works Director Dickerson, Inc. DESCRIPTION AND CONDITIONS Dickerson_, Inc., and J.B. Walker Construction, Inc., have completed the work as per contract requirements at the Tracking Station Park. The work was -substantially complete on Feb. 7, 1984 for both contracts. Dickerson's contract time of completion was June 1, 1983. Due to delays caused by the other contractors performing work at the park, a time extension of 119 days is required to waive liquidated damages under the contract. A -change order has been prepared to extend the contract date to Feb. 7, 1984 and also to reconcile as -built quantities with design quantities. The final cost to the County is $58,412.54 as compared to the original contract cost of $58,489,.37. J.B. Walker's contract time of completion was December 3, 1983. Due to delays caused by a late award of contract to the Irrigation Contractor, a time extension of 66 calendar days is required to waive liquidated damages under the contract. A change order has been prepared to extend the contract date to Feb. 7,1984. The final cost to the County for this Division -is $100,133.00 which includes the previously approved $400 change order for electrical work. The Public Works Division and Parks Department have performed final inspections and the attached descrepancy item letters were forwarded. J.B. Walker Construction, Inc., has transmitted the required release of lein affidavits and Final Payment form showing 10% being retained by the County for a maintenance bond. Dickerson has not yet submitted a revised pay request form nor release of lein affidavits. ALTERNATIVES AND ANALYSIS The County Public Works Division anticipates all work being completed prior to March 7, 1984. Final payment approval, Final Change Order, and Final Acceptance of the Work can be approved subject to all work being completed by March 7, 1984, and the County receiving the Final affidavits and Payment forms. 21 MAR 7 1984 elox 5 PAGE 2- 101,01 • BDaK �� FREE �Q i RECOMMENDATIONS AND FUNDING The following recommendations are presented J.B. Walker Construction, Inc. - Div. I - Restroom Building and Site Work 1) Approve Change Order No. 8201-I-2 extending original Time of Completion by 66 calendar days to Feb. 7, 1984, and waive liquidated damages. 2) Approve final payment in the amount of $21,496 and instruct the Finance Department to issue a check to'J.B. Walker Construction, Inc., in the amount of $10,896. The County will retain $10,600 for a one year period to serve as warranty security since a performance bond was not obtained. The County Public Works Director will hold the check until all descrepancy items are completed. 3) Accept Contractor Final Payment Forms and Release of Lein affidavits. 4) Accept the project as being complete and designate Feb. 7, 1984 as substantial completion date. Warranty will begin Feb. 7, 1984. Dickerson, Inc. - Division V - Paving & Drainage 1) Approve Change Order No. 8201 - V - 2 extending the original time of completion by 119 days to Feb. 7, 1984 and waive liquidated damages, and also reconciling as - built quantities with bid quantities thereby changing the final cost to $58,412.54 as compared with the original contract cost of $58,489.37. 2) Approve final payment in the amount of -$7,581.71 and instruct the Finance Department to hold the final check until all descrepancy items are completed, executed Release of Lein forms are submitted and Final Payment forms are completed. 3) Accept the project as being complete and designate Feb. 7, 1984 as substantial completion date. Warranty shall begin Feb. 7, 1984. Funding to be from account # 102-210-572-66.39 - Tracking Station Park Construction account. Balance as of February 28, 1984 is $"59,531.00) a temporary loan from Federal Revenue Sharing fund ($100,000 balance) will be made and repaid when DNR reimbursement is made. Commissioner Wodtke noted that the statement was made that Dickerson has not yet submitted a revised pay request,. and he wished to know if that all has been cleared up. Mr. Davis affirmed that this has been received. He noted there are still some discrepancy items to be done, but a check will not be issued until those items are cleaned up. 22 Chairman Scurlock referred to the list of items submitted by Park Superintendent Bill Cook, and Mr. Davis stated that he will work with Superintendent Cook to make sure he is satisfied with the irrigation system. The irrigation system, however, is not under consideration this morning, only the restroom and parking lot paving. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved Change Orders No. 8201-I-2 and No. 8201-V-2 for J. B. Walker Construction, Inc. and Dickerson, Inc., extending original Time of.Completion; approved final payment as set out in the above memo subject to.checks being held until all discrepancy items are corrected and in the case of Dickerson, the Release of Lien forms are submitted and Final Payment forms completed; accepted the projects as being complete.and designated February 7, 1984.as the substantial completion date, all as recommended by staff in memo of February 29, 1984. 23 MAR 7 1984ae�K Pic' MAR 7 1984 BOOK 56' FACE `CHANGE ORDER Ar'A DOCUMENT G701 Distribution to: OWNLR ARCHITE.C1 C01141 RACTOR FIELD O)1 HLR PROJECT: Indian River County (name, addr(Tgtacking Station Park East A -1-A at South Limits TO (Con I ra6i3 r) Indian River Shores J.B. Walker COnstruction P.O. Box 550 Vero Beach, Fl. 32961 a L1 CHAN(.�E ORDER NUNIIIER: 8102—I— 2 INITIATION DATE: 2-21-84 ARCHITECT'S PROJECT NO: CONTRACT FOR: Site Work { CONTRACT DATE: 6-6-83 You are directed to make the following changes in this Contract: Time extension from Contract Completion date of 150 calendar days or on December 3, 1983, to February 7, 1984 Time extension of 66 calendar days. Approved form acid leg rflV WJ Co my Attorne.r Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Timr-. The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ 99, 733.00 Net change by previously authorized Change Orders ................................... $ 400.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $100,133.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order......................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ The Contract Time will be (increased) ( KeAsA!&�&c*kg by ( 66 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Feb. 7, 1983 Authorized: BOARD OF COUNTY COMMISSIONERS , iw 6-1 XJ 6167-- Ccs —,TORS OINEMAN RIVER COUNTY © Address Address A At resS '' -Vero Beach, Florida 32960 t GATE t. ;7 9-X , AIA DOCUMENT G701 CHANGE ORDLK Ar'K 11 14:M 1 U I I IoN AIA" 0).h THE AMEKICAN INSMUIL OF AKLMIEC11, 1711 rntW N VKA AIL., N N . WASHINk,tuN, U r 1wrM. 6701 — 1978 24 CHANGE Di%tnhtitti ) t(>: ORDER OWNLR u ARCHITECT ❑ :VA DOCUh1EN1 0701 CONIRACTOR 0 FIELD [.J WHIR ❑ PROJECT: Indian River County C)IANC,E ()RDLR NUNWER: 8201-V-2 (name, addressl Tracking Station Park East A --1—A at South Limits of I N I I I A T I O) N D I E: TO (Contractor): Indian River Shores ARCHITECT'S PROJECT NO: Dickerson Florida, Inc; CONTRACT Ft>R: Pavingand Drainage P.O. Drawer 719 g Stuart, Florida 33495 CONTRACT DATE: 6-1-83 You are directed to make the following changes in this Contract: Reconciliation Change Order to reconcile quantities Actually built and Bid Quantities Bid Quantity As built Increase/Decrease Item 6 Soil .Cement Base 5015 4951 192.00 'Item 7 New Asphalt Pavement 4968 4815 -302.94 Item 8 Construct 11I.Asphaltic 1416 1339 -188.65 Item 15 Concrete: -Garbs 680 692 + 61.44 Time Extension frau Contract Completion date of 120 days (beginning 6-13-84) or Octcber.11, 1983 to Feb_ 7, 1984 Time Extension 119 Days ,? �V ' y i, i;ranuenbur G unty Attorney Not valid until signed by both the Owner and Architect. . Signature of the Contractor indicates his agreement herewith. including any adlusimcm ir, the C'nntract Sum or Contract Time The original (Contract Sum) (Guaranteed Maximum Cost) was ................. $ 58,489.37 Net change by previously authorized Change Orders ... .......... $ 545.32 The (Contract Sum) (Guaranteed Maximum Cost) prior to this C`iange 0,der as .......... $ 59,034.69 The (Contract Sum) (Guaranteed Maximum Cost) will be titpnoaCla&(decreased) (unchanged) 622.15 by this Change Order ....... ............................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order wi(i he ... S 58,412.54 The Contract Time will be (increased) by ( 119 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Feb 7 1984 Address BY DATE 7 AIA DOCUMENT G701 (h'k%(.l tA(!)tK . THE AMEKICAN IMIOUlt vt AKl.r111E1i�, 1:'J:) Nt MAR 7 1984 r Auth rized. DICKERSON FLORIDA, INC. G OS OFFICE BOX 719 B �;S Add UAINDIAFLORIDA^ 33A99, RsRIVER COUNTY 1840 25th St., SwiteN 159 �y Vero Beach, Florida 32960 S WIDIKANN i DA 11 7— L7j� .. 'k% % �s �NAsiiiN.. i, j', ,... G701 — 19713 25 d�flK PACE MAR 7 1984 eaex 5-6 FAc� FIRE FIGHTERS PROPOSE CHARTERING INDIAN RIVER COUNTY FAIR Bill Tripp came before the Board to make the presenta- tion for Fire Fighter's Association in regard to the advantages of chartering the Indian River County Fair under Fla. Statute 616, noting that most county fairs throughout the state have done this. Mr. Tripp reported that this year's Fire Fighter's Fair, drew close to 70,000 people, and on Friday night there were 25,000 people in the fairgrounds. Mr. Tripp emphasized that they„have rides and exhibits, etc., and they need to assure that the fair will maintain itself both re money and safety. Under the charter, the Agricultural Department would send inspectors to the grounds three or four days early to check rides, etc.; a charter would also provide that we would not be taxed on the admission, and it would give the County the exclusive right to the name of Indian River County Fair. Mr. Tripp emphasized that many groups in the County have expressed great interest in participating in the fair, having exhibits and various activities etc., but there never has been the acreage available to allow for all this at the Airport property. Mr. Tripp believed that some property at Hobart Park has been considered for a fairground, and the Fire Fighters are asking if the County would be willing to work with them towards gaining a charter for the fair. He noted that they are anxious to get started on this as soon as possible because the charter process takes 3 to 4 months, and it takes 6 or 8 months just to prepare for the next fair. Chairman Scurlock felt basically Mr. Tripp is asking for authorization for our staff and attorney to work with him towards receiving a charter for the County fair. Commissioner Bird stated that he would be happy to work with Attorney Brandenburg and Mr. Tripp on this. 26 r In the ensuing discussion, the Board generally indicated agreement with the concept of having a charter and developing permanent fairgrounds at Hobart Park, and they stressed the importance of having an overall master plan to provide for expansion. Administrator Wright reported that our Engineering Department is involved in this now, and Commissioner Bird confirmed that we are working on a conceptual plan and have looked at fairgrounds around the state. Engineer Don Finney reviewed the conceptual plan they are working on for acreage west of rings Highway in the Hobart Park property. Mr. Tripp commented that although most fairs are non-profit, they have about $15,000 in the burn fund and almost $30,000 operating funds to work with. He noted that they have learned a lot operating their fair for the last five years and have developed some plans, one of which is to have slab for the exhibit buildings. Mr. Tripp continued to discuss acreage, finances and potential, and felt strongly that with the ability to include the agricultural exhibits and activities, the fair will increase. He believed people are very enthused about it. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, to endorse the County fair concept and authorize the County Attorney, Commissioner Bird, and staff to work with the Fire Fighters to draw up the necessary legal documents and proceed with obtaining the charter. Commissioner Bird believed that we should proceed to do everything we can to set up with Charter with the thought that the fair will be run by the Fire Fighters, but with the 27 Bea 56 PAGE 305 MAR 7 1984 I MAR 7 1994 box 5�PAcE3 provision that if the Fire Fighters at some point in time would not wish to continue, we would have the ability to take back the name Iridian River County -Fair. Mr. Tripp felt it was customary procedure with most any leasing arrangement that it would all revert - name, any improvements, etc. Commissioner Wodtke talked about the possibility of having horse shows at the proposed fairgrounds, which he felt would produce income, and Mr. Tripp noted that they also have plans for a rodeo arena. He pointed out that the fair would be only a week or two out of the year, but these buildings could be used the balance of the year by various groups. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PUBLIC HEARINGS - ADDITIONAL FINAL ASSESSMENT, PETITION PAVING - 10th COURT - 11th AVENUE The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 2-8 b BEACH PRESS -JOURNAL 2Q "(� Published Daily FE3 1984 Verb Bea Indian River County, Florida RECEIVEn, w OF di RWCCOUMW: ST�t OF FLORIDA says that, Business at veno B . ndiarF a -TPUBUC NOTICE BE ANNUAL INSTALLMENTST. SND LEGAL PLEASE TAKE NOTICE Mat the Board Of DESCRIPTION OF THE AREA SPECLIU.Y County commiesioners Of Indian River County. BENEFITED. -I. hold a public nearing at 9.30 A.M. on WHEREAS. Me County Public Works Oeaat- Wednesday, March 7, 1984• m the Commonabin fneat rise received a public i--ornea Pati• Chambers Iodated at 1940 25th Street. Vero tion• s+9fted by more man ?S of tnd owrnraa cd Beach. Flonda. to cww ad2= of Me mol-. P"O",pawrgrea to no and drainage pedally oelroMca. ra lowing Prggsed resolution: imaaem"'xs' K, I ith Avenue. DeNwean 2nd Street and Ma S --til RESOLUTION NO. 84. Relief Canal: and 'A RESOLUTION OF THE BOARD OF COUNTY WHEP.EA$, the pamron has been Iinhad and COMMISSIONERS OF INDIAN RIVER COUNTY, meets me"Ou"w"w" of OfOmanw 81-27: ane FLORIDA, PROVIDING FOR CERTAIN ADW- WHEREAS. the ental estimated Con 0l we PrP TIONAL ASPHALT PAVING IMPROVEMENTS TO poses Improvements Is 518.365.20: and 10TH COURT BETWEEN 2ND STREET AND 4TH WHEREAS• ilia County ca"In""fd pavmg STREET. PROVIDING THE TOTAL AOWTIONAL and tlremage improvements Costing Slat1907 COST. LIETHOO OF PAYMENT!- ADDITIONAL along IIin Avenue In June. 1983. due to acverrc ASSESSMENTS, NUMBER OF ANNUAL IN- weather dah"'O0s. base Oreparatibn, and a;,• STALLMENTS. AND LEGAL DESCRIPTION OF phalt placement. ad0lomal 4 -mad —;saw Ority personally appeared J. J. Schumann, Jr. who on oath THE AREA SPECIALLY BENEFITED. in November, 19&1• costing 51;985:06. and - WHEREAS, the COunty Public Walks Depart- WHEREAS,. prim to placement of Me eptta the Vero Beach Press•Joumal. a daily newspaper published melt has received a public improvement Pell• additional asphalt the County 11986s9ad Ma aqp• Y, Florida; that the attached copy of advertisement. being Son, signed Oy more Man % of the owners of ertY ownere 53.7688 per front loot which was substantialkk less in" the abproved agwixesed in the matter property in the area to be specialty benefited. ra preliminary estimate of SS.6:i3 per from foot aro quealmg pebet and drainage t and 41A Street to WHEREAS.•an additional special assusu:- t 10th Cour) belvrean 2nd Street era 4th $trBsC is prewptiallweunder and shad, for arty 9— and record Gyne; at property within the ama ser WHEREAS. the petition has Dien, 81-27; end wady benefited. be in an amount equal 10 "at meets the requirements of Ordinance 81-27; and WHEREAS. the total est"lated cost of the pro' proportion of l cost olive asphalt (ari) of A posed Imorovemants is $29.169.46; arta total a0agonai post of the asahai paring wadi WHEREAS. the County constructed paving the mdm+dr.o7 lineal feet of road frontage ar40 and drainage improvements coeang 52/•119.46 by Me gm- awnar bears ro the total numC4W ai along IOM Court in June, 1963. due ro adverse lineal feet of road homage within the aha stw- weather condition& base preparation. and as- cu ly banealed. and shall become cue aha cav, phalt placement, additional esohaa was placed able at the 011ie.ofMe Tax Collector of exPett In November. 19&1, costing S2.356.S3: and River Courcy ninety (90) days after the Cee ct In the ��iy,� �} / p A /� Court, was pub- WHEREAS prim to placement of the above thus resolution; and lished in said newspaper in the issues 011b LTJ Lxl i 1 d Y' 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 hat been entered as second class maii 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 atfiant further says that he nas neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing chis advertisement for publication in the said newspaper. Sworn to and subscribed fore me t day of A.D. 19 elistness Managers (Clerk of the Circuit Court, dian River County, Florida) (SEAL) additional asohad the County finessed the prop- WHERE/(S.Indmn River County Wal P87 Ilio arty owners $8.4794 per from foot which was m=Mg` twanty-fire percent (25%) of nae Val aubstenhaay Iasi than the approved. advertised. additional Cost Of the project: and preliminary eshmate of $8.012 per front foot and WHEREAS. Me rate of special atsec�7=JN WHEREAS, an additional special assessment shall be equal to 5.7190 par front foot for each is provided hereunder and snail. far any given off• equajng the total additional a450IDnf01t record owner of prop"withinme area spa reflected m Me attached assessment roil: and cialyen befited• be in an amount equal to that YyHEREAS, this Resolution shall servo as ac - proportion ctseventy-lire percent (75%) of the ProYol for Ao.0 me preliminary and final nVIZI total additional cost of the esphan paving which mant role for this project. and the number of luteal teat of road frontage ownedWHEREAS, any special aseessmC.M not Fee - by e -by the gwen owner bears to InB•tota number of within S" ninety (90) day period snarl t✓L`t in - lineal feet of road frontage within me area spa teres[ beypnii,the due date at a rate of 12% p:: dally benented. and sham became due and pay- arowm argi elan be payable in MO (2) cgul tn- able at the Office Of the Tax Colacta of Indian stawnwi s. the first to be mall tweiYJ (12) River County ninety (80) days atter the date of months tram the due dam and the second V oil this re9nlubon: ant made twgnty-tau (24) months from ew duo pax: WHEREAS. Indian River County shall pay the and ihadp twelve (12) months tram the di4 can, remaining twenty -tire percent (26%) of the iotpi and the,secorid to be made twenty-ta7 (24) additional cost M fila project and Marmis from tho due data. and • WHEREAS. the rate of special 'assessment WHEREAS, atter exammabarl of lac aakro shad be equal to 5.721S per Mont foot for each and antldpat¢I7 usage of the proposed iwOohC- owneredu8lmg the total additional assesamata merits. the a" of County Comrmseanens has reflect,ed m the attached assessment roll: and Oetermme0 Crat the following described Prader, WHEREAS. this resolution shall serve as dip. Nes shalt yQeyrve a direct and seeds odealC prove, fa Dom the Preliminary ars final asseraa Irani mese improvements: to wen•. mem rods for this project: and LQM 11,27, Block H: as shOen an I?* Plat WHEw REAS. any special assesnant not paid of Indian River Heights Subdivision. (boa wimm sai0 lenity (90) day Rand_ shall bear iia S. Plat Scak 7. Page 31 at Public formed beyond the due data at a rate of 12% per Records of Iridian Pover County, Fkrda anum and shall be payable m two (2) equal an- NOW THEREFORE: BE IT RESOLVED BY stailmenls, the fund to be made twelve (12) THE BOARD OF COUNTY COMMISSIONERS OF months from Me due date and the Second to be INDIAN Rn(ER COUNTY. FLORIDAas tatans made tlaanty-tour (24) months from pre Cue dare: 8N mTM� B^nre recitals are affirmed aha as and 2. A Pr midi for addilidnd Pang WHEREAS. atter examination of the i nature91Fct C +ng end anticipated usage of me proposed mproves imwdements to lion Avenue. Detwse0 2nd ments, the Board of County COMImaSioners has Street and the South Relief Canal. ro a ottlma determined that the foilowmg described proper- tlsagnared as Pudic Wats Prosed No a227. R • ties shad race" a direct and n at benefit hereby approved SUOIect to the terms QuOrUd from Mese implaants rem, to wIt: above and all applicable regummenas of OPE► Lots 1-17. Black J; Lots 1-17. Bloc[ K: as repice 81-27. shown on the Plat of Indian River The faflpgrig resolution was offered Of iso► Heights Subd+vision. Unit 7, Plat Book 7, fornonar —who moved its adoormtk The Page 29 of Pubic. Records of Inlian matin was seconded by Commissioner — ant. River County. Flame. upon being put t0 a vote, the vote was as lot - NOW THEREFORE. BE IT RESOLVED By lows: Chairman Don Scurlock Jr. C. S THE BOARD OF COUNTY COMMISSIONERS OF ' -.,;,rn.•w.. -stir,-. _ ..-:mwca•.- •r !'Y`t� ' ' INDIAN RIVER COUNTY. FLORIDA. as follows: VieaChauman Patrick B Lyons • - " - - 1. The forgang recitals we shinned and mb- Comm ssia div Margaret C Bowmn MAR 7 1984 fled in Meir enwety. 2. A protect. wording for additional oewrt9 COmnussloner R.cnard N Bud Commissnner viw,am C. woonre If. Ifnprovelnents to 10th Court. between 2nd Sham The Chairman thereupon declared the resalia and 4M Street. hwedfae deaegnateO a9 PuDItC tion duiY Passes and adopted this — a" Ot— WOIks Prgeet No. 5301, i4 hereby.apPreved sub- 9N. lect to the terms outlined above and all aPOuca• pard of counts COmmisslonaK ble requirements of Ordinance 81-27 of Indian River County. Honda The foregoing resp uo was offered Dy Cab B Don C Scunodk Jr. Y , npSS Oner —� ono moved Its adoption. The mP Chairman Attest Freda Clerk Non was seconded by Commissioner — and. - APPROVED AS TTO O FORM upon being put to a vote, the wea. was as lob AND LEGAL SUFFICIENCY tovro: Chairman Dan C. Scurlock if By Christopher J. FAIR Vice-chairman Palms a. Lyons Awki am County AdansY Comm.ssioner Margaret C Bowman PLEASE TAKE FURTHER NOTICE that A M Cmo^ eiaher Rlcnard N. Bud Commissioner William C Waddle Jr. acme pudic hes rug the Baal County nton. Th. Chatnheh """Moon declared the refold- ri er Shall also haat aU interested damson Nan do$ passesand adopted mrs-•-daY of— 9ld- ig regarding the a000sea dretiminary aases4+rlt -, 1984 _ faN to the improvements pefcnpp I" '19 Bowra of County Comrmssroners - resmunon The prenmmav and praodsedi .1 Inoue Rwer Count. Flatoa nam rail is currently on file wmh . r. Ph,ta:. 8, bar, C Scurlock Jr he WO Warka Diwwonaha is sella to SOO a► Chairman tw tureen hours of 8 30 A M: and 6.00 Pia, and Anew Freda Wrynt. Clerk , m MOM4Y Impugn FrrCaY APWOVED AS TO FORM It A person deciles 10 apoeal any decyoon AND LEGAL SUFFICIENCY made by me Commission wild respect m aIv matter ConaKN w at this hearing, he ww natio a RESOLUTION NO 84• A RESOLUTtCN OF rHE BOARD OF COLNTY record a me aoceedogs• arm that. to _ct "'posit ne mar naso to ensure mat a w """ COMMISSIONERS OF INDIAN RIVER COUNTY. e mace6ngs is made, .—record raCwd a ma FLORIDA. P40VIDING FOR CERTAIN ADDI. Includes In. lashim-14nd indenle upon s"wm TIONAL ASPHALT PAVING 04PROVEMENTS TO the appeal u based. / tIrH AVENUE BETWEEN 2NO STREET AND indict R County THE SOUTH RELIEF CANAL. PROVIDING THE Mich" Wight TOTAL ADDITIONAL COST..METHOD OF PAY -Feb. "ENT OF ADDITIONAL ASSESSMENTS, MUM. 21, t9a4ry ta�ian� 29 -BOOK 56 PAG'E 7 MAR 7 1984 BOOK 5 FAGEi Public Works Director Davis informed the Board that the petition paving of both 10th Court and 11th Avenue required the application of some additional asphalt, and he would recommend an additional assessment of about 72G per front foot, or about $50 per typical lot. Mr. Davis explained that this was required for three reasons, i.e., because of wet conditions at the time we did the project, the asphalt did not bond properly to the base; the initial application of the asphalt was a bit light; and the base finishing was not perfect, which resulted in some irregularity. Staff's recommendation, therefore, is an additional assessment to fund only a portion of the cost of the additional asphalt, i.e., 37h%. Administrator Wright noted that even with the addi- tional assessment, the cost still is significantly under the preliminary estimate._ The Chairman asked if anyone present wished to be heard regarding 10th Court. Mrs. Kosmala, 325 10th Court, came before the Board and noted that when you hire a contractor, you -have specifica- tions he is supposed to meet and then the County has inspectors to check the work. She stated that she received a bill for the paving which she paid the next day. Mrs. Kosmala did not feel any of the reasons given by Mr. Davis for the application of additional asphalt are her fault, and she does not intend to pay any additional bill. Administrator Wright informed those present that the cost of the additional asphalt was approximately twice what is being assessed - the contractor assumed half of the cost himself, and the Administrator believed the other half should be borne by the property owners. George Vuikovich, 326 10th Court, agreed that the cost may be under the estimate, but emphasized that he did not pay for estimating; he paid the bill he was sent. He noted 30 that it was stated that the person who put the surface on was inexperienced, and he did not feel he should have to pay twice just because someone did not know what he was doing. Mr. Vuikovich continued that they did not get a street the first time; the paving tore up in a week and had to be done over. He felt if, the County had this work inspected as they should have, it would not have to be done over, and he started that he does not intend to pay a second bill. Commissioner Wodtke explained that the problem is that the property owners actually have not paid for all the asphalt they received. They are only being asked to pay for a small portion of what was put on the road, which was well within the original estimate. He further pointed out that it would be much more expensive to have to come in at a later time and redo the road than to make it right now. Public Works Director Davis tried to clarify the situation by relating it to buying hamburger, i.e., you ask for 2 lbs. of hamburger at the store, and then when you get home, you find they have inadvertently given you one pound, but you only paid for one pound. In other words, even though they got shorted on the first application, they paid for the material by the weight. Mr. Davis further noted that the contractor worked when the base was wet because of the pressure from some of the people to get the road done. Staff feels this situation resulted from a compilation of circumstances, and they do not feel it was one operator's error or all the contractor's error Administrator Wright'stressed that the second applica- tion of asphalt brought the paving up to greater than called for in the specifications, and the contractor assumed half of the additional cost. The residents, therefore, ended up with a better road, and the Administrator felt they really got a good deal for the price. 31 BOOK 56 PAu IM MAR 7 1994 ee©K �� NCE319 Mrs. Kosmala and Mr. Vuikovich did not agree; they felt the paving should have been done right the first time and they should not have to pay more than they have been billed. Attorney Brandenburg pointed out that the County probably would not have paved that street at all if the residents hadn't requested it, and they agreed to pay their percentage of the entire cost. Commissioner Wodtke also noted that the original estimate was presented at the public hearing; the residents agreed to pay up to that amount to have the road done, and even with the additional assessment, the cost still will be less than the original estimate. Mr. Vuikovich and Mrs. Kosmala both continued to present strenuous objections to paying any additional assessment. It was determined that no one else wished to be heard. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously closed the public hearing re 10th Court. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 84-17 providing for addi- tional asphalt paving improvements to 10th Court between 2nd and 4th Sts. (Assessment Roll for Petition Paving as set out in Res. 84-17 is on file in Clerk's Office) 32 RESOLUTION NO. 84- 17 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF IRIDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CEFAIN ADDI- TIONAL ASPHALT PAVING IMPROVEMENTS TO 10TH COURT BETWEEN 2ND STREET AND 4TH STREET; PROVIDING THE TOTAL ADDITIONAL COST, METHOD OF PAMM OF ADDITIONAL ASSESSMENTS, NUMBER OF P.NNIM INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFI'I'EI). O WHEREAS, the County Public Works Department has re- ceived a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 10th Court between 2nd Street and 4th Street; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27; and W[3EREAS, the total estimated cost of the proposed im- provements is $26,169.45; and !WHEREAS, the County constructed paving and drainage improvements costing $21,119.46 along 10th Court in June, 1983, due to adverse weather conditions, base preparation, and asphalt placement, additional asphalt was placed in November, 1983, costing $2,356.53; and WHEREAS, prior to placement of the above additional asphalt the County assessed the property owners $6.4794 per front foot which was substantially less than the approved, advertised, prelim - estimate of $8.012 per front foot; and WHEREAS, an additional special assessment is provided hereunder and shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five.percent(75o) of the total additional cost of the asphalt paving which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the date of this resolution; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25%) of the total additional cost of the project; and WHEREAS, the rate of specials assessment shall be equal to $ .7215 per front foot for each owner, equaling the total addi- tional assessments reflected in the attached assessment roll; and WHEREAS, this resolution shall serve as approval for both the preliminary and final assessment rolls for this project; and 33 • BOOK 6 PAGt 3 l MAR 71994 B0VK 56 PAGE312 WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate of 12% per annum and shall be payable in two (2) equal install- ments, the first to be made twelve (12) months from the due date and the second to be made twenty-four(24) months from the due date; and WHEREAS, after examination of the nature and antici- pated usage of the proposed improvements, the Board of County CamnLis- sioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 1 - 17, Block J; Lots 1 - 17, Block K; as shown on the Plat of Indian River Heights Subdivision, Unit 7, Plat Book 7 Page 29 of Public Records of Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DIDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for additional paving improve- ments to 10th Court, between 2nd Street and 4th Street, heretofore designated as Public Works Project No.8301, is hereby approved subject to the terms outlined above and all applicable requirements of Ordi- nance 81-27. The foregoing resolution was offered by Commissioner Wodtke Who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of March , 1984. F. Attest: FREDA WRIGIT, Cler 34 �/ . mirsars �� - •� �� The Chairman opened the public hearing on additional pavLftg improvements to 11th Avenue and asked if anyone present wished to be heard. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously closed the public hearing re 11th Avenue. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 84-18 providing for additional paving improvements to 11th Avenue between 2nd Street and the South Relief Canal. (Assessment Roll for Petition Paving as set out in Res. 84-18 is on file in Clerk's Office) 35 MAR 7 1984 BwK 56 FAcE 313 MAR 71984 BOOK 56 FADE 314 RESOLUTION NO. 84-18 I A RESOLUTION OF THE BOARD OF COUNTY COMNBSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN ADDITIONAL ASPHALT PAVING IMPROVEMENTS TO 11TH AVENUE BETWEEN 2ND STREET AND THE SOUTH RELIEF CANAL; PROVIDING THE TOTAL ADDITIONAL COST, METHOD OF PAYMENT OF ADDITIONAL ASSESS- MENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 11th Avenue , between 2nd Street and the South Relief Canal; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27; and WHEREAS, the total estimated cost of the proposed improve- ments is $16,365.20; and WHEREAS, the County constructed paving and drainage improve- ments costing $10,119.07 along 11th Avenue in June, 1983, due to adverse weather conditions, base preparation, and asphalt placement, additional asphalt was placed in November, 1983, costing $1,985.05; and WIiEREAS, prior to placeanent of the above additional asphalt the County assessed the property owners $3.7686 -per front foot which was substantially less than the approved, advertised, preliminary estimate of $5.655 per front foot; and WHEREAS, an additional special assessment is provided hereunder and shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy- five percent(75%) of the total additional cost of the asphalt paving which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area spe- cially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the date of this resolution; and WHEREAS, Indian River County shall pay the remaining twenty- five percent(25%) of the total additional cost of the project; and WHEREAS, the rate of special assessment shall be equal to $.7190 per front foot for each owner, equaling the total additional assess- ments reflected in the attached assessment roll; and WFMREAS, this Resolution shall serve as approval for both the preliminary and final assessment rolls for this project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date -at a rate of 12% per annum and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four(24) months from the due date; and 36 I WFiERF.AS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receivea direct and special benefit from these improvements, to wit: Lots 1 - 27, Block H; as shown on the Plat of Indian River Heights Subdivision, Unit 8, Plat Book 7 Page 31 of Public Records of Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,. FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in_ their entirety. 2. A project providing for additional paving improvements to 11th Avenue, between 2nd Street and the South Relief Canal, heretofore designated as Public Works Project No. 8227, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Wo d t k e Who moved its adoption. The motion was seconded by Com us- sioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Margaret C. Bacian Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of March 1984. Attest: :�� FREDA WRIGHT, Cler 37 BOARD r • • COMUSSIONERS • INDIAN - ER COUNTY, MAR_ 7 1984 BOOK 56' PcF MAR 7 1984 6a©K 56 pAct31.6 DISCUSSION RE REQUEST BY MENTAL HEALTH CENTER TO INTERVENE IN LAWSUIT WITH DISTRICT BOARD Attorney Brandenburg felt that the County has a definite interest in the lawsuit in which the Community Mental Health Center is involved with Mental Health District Board No. 9 since we fund over $100,000 for mental health services directly out of our budget. The District Board has not sent us any plan of action as to how it will provide these services if the local board is defunded, and he therefore, believed it would be to the County's interest to monitor this lawsuit to make sure we get our money's worth out of the funds we send to the District Board. The Attorney noted that there has been a long standing argument as to how these funds are distributed, and the County should be involved to protect our own interests as they are substantial. Commissioner Lyons expressed concern that we do not have enough communication with the local board to know what is really going on in this whole affair and stated that he would feel more comfortable if the Chairman of the local board would give the Commission a full report as to what is being done about health services, etc., and also about the various allegations that have been made. Commissioner Lyons noted that the only communication we have ever had in this regard came from Mr. Ashcraft, and he would like to hear from those who hired him. He emphasized that he personally has trouble getting involved in this lawsuit at all. Chairman Scurlock agreed that we do have interests as a County, but he did not want any intervention interpreted as ,pupport of either the local or district board. Commissioner Wodtke also agreed that we should not intervene on the behalf of the local center, but felt we must keep informed as to what has happened to the services for the people in our county. He noted that he recently has 38 s � r been put on the board of the local center, and he felt sure that other members of the local board will be glad to answer our questions and account for that operation. Commissioner Lyons asked about our contractual rela- tionship with the local board, and Attorney Brandenburg explained that we don't have a contractual relationship with either board. The Statutes require that we must provide certain funds each year which are given to Mental Health District No. 9, and they contract with the local center. Because federal funds were originally used in setting up the local center, it cannot be defunded without having a full blown hearing. Chairman Scurlock asked about the District Board being denied access to the records of the local center, and Attorney Brandenburg felt that what happened was that Mr. Ashcraft refused the review team sent by the District on various grounds and that is the issue which must be resolved between them. Our interest is to be sure we get the best service for our dollars and that we get our fair share for those dollars. In the event Mr. Ashcraft and his group are not giving us the best service or spending our funds in the fairest and most efficient manner, he felt we should stay informed as to what is happening in the lawsuit to be sure we can contract with someone else for these services. Commissioner Wodtke stressed that we need to know what plan District No. 9 has for providing substitute services. All he has heard is that these services will be taken over by Longwood Hospital in Fort Pierce, which is a private hospital. Discussion followed as to how money is given to District No. 9, and Director Barton stated that actually we are funding a local match to get the federal dollars. Commissioner Bird asked if we have a direct say on where these dollars are placed by the District plan, and 39 MAR 7 1984 BOOK -PAGE 17 MAR 7 1984 Boa 56 FnE 318 Attorney Brandenburg noted that the law requires the District to submit a plan to us, but if we disapprove the plan, the HRS can override our disapproval. It is a very volatile issue, and the only reason he is suggesting that we get involved at all is that he does feel we have an interest to protect. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Attorney to take the necessary action to monitor the lawsuit between Mental Health District No. 9 and the local Mental Health Center with the understanding that what we are looking for is to have adequate services for .the people of Indian River County. DISCUSSION RE -PAYMENT OF MENTAL HEALTH CENTER FUNDS OMB Director Barton reviewed his memo and letter received from John Ashcraft, Executive Director of the Indian River Community Mental Health Center .as follows: 40 TO: Board of County Commissioners DATE; March 1, 1984 FILE: FROM: Jeffrey K. Barton, OMS Director SUBJECT: Mental Health Center REFERENCES: Due to the Mental Health -Center's State funds being less than anticipated, we have over -budgeted our local match for FY 83-84. The breakdown is as follows: District Board $ 2,580.30 To District Board for local programs 102,305.48 To Local Board for drug program 5,922.50 Total MHC Operating Budget $110,808.28 B.C.C. Budgeted Amount 121,422.00 Over -Budget Amount $ 10,613.72 As of this date, we have made the following payments: Mental Health Center $ 16,149.46 Mental Health Board 364.37 Total $16,513 83 After reviewing the information received from the Mental Health Center, please advise as to the disbursements for the funds for the balance of FY 8384 in light of all other conditions currently going on. MAR 7 1984 ---- 41 BOOK 56 PnE 319 MAR 7 1994 - BQOK 56 fA.GE 329. INDIAN + RIVER COMMUNITY RMENTAL HEALTH CE* LATER Inc. INDIAN 131420hSTRCOUNTYBRANCH f 1314 20tH STREET 800 AVENUE H. FORT PIERCE, FLORIDA 33450 VERO BEACH. FLORIDA 32980 305-464-8111 305-569.2906 JOHN R. ASHCRAFT, ACSW MARTIN COUNTY BRANCH EXECUTIVE DIRECTOR 422 CAMDEN AVENUE .. STUART, FLORIDA 33494 305-283-7070 JUDITH J. WEBER, ACSW OKEECHOBEECOUNTYBRANCH -ASSOCIATE DIRECTOR 1008 N. PARROTTAVENUEECHOB 3q 7ril*, � FWFIDA 7 7 24 Mr. Jeffrey K. Barton Director, Office of Management and Budget Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Barton: Due to Indian River County's disapproval of the District Mental HealtL1 Plan, a copy of the Indian River Community Mental Health Center's budget for FY 83-84 was never sent to the Indian River County Commission. The Center's Board of Directors fully supported the Commission in its action with the hope that collective disapproval of the District Plan by all four county commissions would result in a more equitable distribution of State funds in accord with Florida Statute 394. This approach has not been successful, since DHRS ruled that its District Administrator could approve the District Board Plan without County Commission approval. Enclosed is the Center's operational budget for FY 83-•84. This budget is somewhat smaller than anticipated, because the Center did not receive what it considered to be a fair allocation of State funds from the District Board. The county -match required from Indian River County for Center operations is.$108,227.98*. The county match required for the administrative operation of the Mental Health District Board is $2,580.30. The total county match is therefore $110,808.28. We understand that no payments have been made to the District Board except for the month of February and we are unsure of ,the exact amount of that payment. However, based on the totals set forth in the preceding paragraph, we would anticipate receiving one twelfth of $108,227.98 or $9,019.00 per month for the Center's operation and we would expect the District Board to receive one twelfth of $2,580.30 or $215.03 per month for its operation. * This $108,227.98 contains $5,922.50"for local match for the Indian River County Drug Abuse Program. The State match funds for this program are not handled by the District Board. In closing, please note that the total requested for the combined Center and Board budgets for FY 83-84 is $8,032.72 less than the amount set aside by the Indian River County Commission. I would appreciate the opportunity to address the County Commission and suggest a way that this $8,032.72 could be used to help offset the local match -requirements for the Center's deinstitu- tionalization program which is under development, but not reflected in the attached operational budget. I will be glad to meet with you to discuss the contents of this letter at your convenience. Sincerely, John Ashcraftj ACSW Executive Director 42 _I 1 U 1 ncome State Funding Source: Community Mental Health Community "D" Project Community Alcohol Community Drug Abuse Community Baker Act Cuban/Haitian Sub Totals Other Revenue: HRS/Children Youth b Family Local: Counties Schools Counties/Drug Support "D" Support In Kind - Alpha Drug Program Interest Fees Donations Miscellaneous Total Income cpenditures Personnel Services Expenses Total Expenses (CESS EXPENSE OVER`INCOME a Indian River Community Mental Health Center. Inc. Operating Budget Twelve Months Ending June 30. 1984 Day/ Emergency/ Case CBE Admin - Outpatient Residential Night Inpatient Stablization Management Prevention istration Total Summary $458,708 $53,431 $48,105 $171,030 $182,808 .$865,977 23,843 38,893 $267,959 13,555 15,353 9,360 88,715 102,351 403,432 35,535 61.723 268,883 49,171 97,258 318,054 41,347 41,347 $518.086 $48,105 $115,154 $310,230 $267,959 $223,478 $9,360 $336,047 $1,828,419 I 381,992 70,950 185,005 434,262 289,903 162,743 175,248 55,653 45,454 249,250 104,870 72,162 $557,240 $126,603 $230,459 S683.512 $394,773 - $234,905 I:xccut ive Director _ Date 155.932 414,583 14,205 11,845 3,039 20,574 8,000 187,000 11,438 3,600 S2.658,635 13,778 350,150 1,888,783 __ 113,677 816,314 $13,778 $463,827 2,705,097 r M IRV -r�i 04 C') o_ MAR 7 1984 BOOKU INDIAN , RIVER COMMUNITY R Inc. INDIAN RIVER COUNTY BRANCH MENTAL HEALTH CENTER 1314 201h STREET 800 AVENUE H, FORT PIERCE, FLORIDA 33450 VERO BEACH. FLORIDA 32960 305-464-8111 305-569.2906 JOHN R. ASHCRAFT, ACSW MARTIN COUNTY BRANCH EXECUTIVE DIRECTOR 'S �Z .-, OQ� 422 CAMDEN AVENUE STUART. FLORIDA 33494 JUDITH J. WEBER, ACSW 305-283.7070 ASSOCIATE DIRECTOR OKEECHOBEE COUNTY BRANCH 1008 N. PARROTT AVENUE OKEECHOBEE. FLORIDA 33472 813.763-1191 11 February 13, 1984 Indian River County Finance Dept. Courthouse Vero Beach, Florida 32960 Gentlemen: Indian River County match portion of Drug Treatment Contract IH 015 for the quarter ended December 31, 1983 is as follows: Cost Categories - Match Portion Personnel $1,110.07 Fringe Benefits 117.52 Telephone 38.58 Travel 13.47 Utilities 19.41 Contracted Services 115.53 Recruitment/Advertising 57.39 Insurance 8.44 Real Property (lease/rental) 88.27 Depreciation 9.75 Total $1,578.43 Please call if there are any questions. Sincerely, ` Robert Waterman _ Comptroller RW/lg I Ica ��6`I 1 A united Fund Agency An Equal Opportunity Employer 44 Mr. Barton explained that now that we have at last received the final figures to match, it turns out that our local required contribution is considerably less than anticipated. What he is asking for now is to approve the budget upon which our match will be predicated and authorize him to bring the funding up to where we should be at this time of the fiscal year. Chairman Scurlock agreed that should be done, but felt it might be wise to request that we be furnished information as to how we can expect these services to be delivered in the future before we send the checks. Director Barton commented on Mr. Ashcraft's request for an opportunity to address the Commission on a possible use for the overbudgeted funds and felt this could be taken up a later date. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the final budget of $110,808.28 for Mental Health and authorized the following budget amendment so that the OMB Director can have checks drawn to bring the payments up to date and turn these checks over to the County Attorney. Account Title Account'No. Increase Decrease Mental Health Center 001-106.563-88..16 Mental Health Board 001�106r563-88.17 I R Comm Health Center 001106-563-,88.53 Reserve for Contingency 001-199-513.99.gl 45 MAR 7 1984 5,923 10,946 .16,535 334 BOOK 56 FACE 323 I MAR 7 1994 BOOK 5 F�GE SOUTH BEACH WATER TURNOVER TO CITY OF VERO BEACH Attorney Brandenburg reported that since the discussion at the last Commission meeting in regard to a formal turnover of the 255 taps in the South Beach area to the City of Vero Beach, he has met with the City in regard to how this would affect properties that do not have vested rights and are not currently serviced. The City is taking the position that they will not serve such properties unless they are annexed into the City. For any service the City did provide, the property owner would have to pay all the City's costs, expenses, impact fees, etc. If the annexation does not occur, these properties would remain in the county's service area under our service area agreement. Attorney Brandenburg noted that turning over our obligation under one contract does not change obligations under the other contract. If the City were to provide service outside their limits, they would have to ask the County's permis- sion. He noted that if annexation does not occur, the City's policy as to providing service may or may not change. Discussion continued in regard to making sure there is some vehicle for service for this area, and Attorney Brandenburg stated that the County would still have the authority to issue a franchise on those properties. He noted that the action needed re the proposed turnover would be to authorize the Chairman to execute a letter pursuant to the contract, turning over responsibilities, etc., to the City of Vero Beach and authorize the Attorney to do every- thing necessary to accomplish that turnover. Motion was made by Commissioner Lyons, seconded by Commissioner Bird to authorize the Chairman and the Attorney to take action as described above. Discussion ensued as to whether it might be better for us to address this matter after the vote on the annexation. 46 r Administrator Wright emphasized that it would not be feasible for us to serve that area one way or the other, but noted that there is no obligation to make the turnover at this point in time; there is a time however, when this is automatically turned over if we do nothing. This was merely a request by the City to get the issue out of the way so we could all move ahead. Commissioner Bird felt we will know even earlier than May whether or not this issue will even go to a ballot, and maybe we could wait to see the outcome of that. Commissioner Lyons stated that he would amend his Motion to say that the Chairman is authorized to send the letter at an appropriate time. Further discussion ensued as to the County's position if this property is not annexed, and Chairman Scurlock stated that they would come to us and ask for a franchise for an independent system just like any other place. It doesn't change the City's position or our position. Attorney Brandenburg clarified that we would be turning over 255 vested customers, plus all the improvements we have made, but all the unserviced areas would still remain in our service area. Administrator Wright noted that if we had put in the sub -aqueous crossing, we would have gotten everything south of the City limits. Commissioner Wodtke stated that his only comment was based on the statement made by Attorney Brandenburg that the City's position in regard to serving other areas might possibly change after the annexation question is settled, and he felt if we wait for the vote, maybe our agreement would be different. Further discussion ensued regarding this reverting automatically in 1985. 47 MAR 7 1984 PooK 56 PAGE 35 MAR 7 1984 BOOK 56 Fcf d COMMISSIONER LYONS WITHDREW HIS MOTION AND COMMISSIONER BIRD WITHDREW HIS SECOND. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously tabled discussion re turnover of South Beach water taps to a future meeting. FILING OF COUNTER CLAIMS IN LAWSUITS VS. THE COUNTY Attorney Brandenburg noted that there are two lawsuits pending against the County in which he would like to be authorized to file counterclaims to require the discontinu- ation of grapefruit and orange processing plants. Motion was made by Commissioner Wodtke, seconded by Commissioner Bowman, to authorize the filing of counter- claims in the lawsuits filed against the County by Davis and Vero Beach Groves and by Campbell Food & Spirits and Plasse. Commissioner Bird asked what these suits are based on, and Attorney Brandenburg explained that they are based on a misinterpretation of our Code which does not allow them to continue their operation. We would claim that we have interpreted our Code correctly and ask the Court to enjoin these operations. Assistant County Attorney Chris Paull clarified that we are trying to get these issues all into one lawsuit so we don't have to go back to our Code Enforcement Board. These are two individual suits; they have not joined together, but it is possible we might be able to consolidate the action. Commissioner Lyons stated that he would like to have some discussion as to whether our rule really makes sense or whether we may -be prohibiting something that possibly should be allowed. He noted that these people have considerable investment involved in their operations, and he believed that out of courtesy, we should review our ordinance; if we �3 find it still makes sense, we should stay with it, and if it doesn't, we should change it. Attorney Paull agreed that we don't want to go through the expense of a suit to enjoin their operation, if we decide that they are, in fact, not processing plants. Discussion followed as to the district in which this processing is allowed, and Attorney Paull stated it is allowed in a restricted Industrial District only. They are in C-1 Commercial right now, and basically what they are doing is squeezing juice from raw fruit. Commissioner Lyons believed there is a matter of degree involved. Attorney Brandenburg suggested that if the Board does wish to review the Ordinance, they instruct his office to attempt to have the lawsuits stayed by stipulation until the County can conduct their review; this would save a lot of money. Commissioner Wodtke and Commissioner Bowman withdrew their Motion. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, to instruct the County Attorney's office to attempt to obtain a stipula- tion to stay proceedings in the actions and stay enforcement proceedings in the lawsuits of Davis & Vero Beach. Groves vs. Indian River County and Campbell Food & Spirits & Plasse vs. Indian River County until the County Commission reviews the defi- nition of "processing" under the Zoning Code; that review to occur within the next several months. Discussion arose as to any health problems that might be created by this delay. 49 MAR 71984 BW %JV PAGE 327 r MAR 7 1984 BOOK 56 PA. GE - Commissioner Wodtke expressed particular concern as to health.problems connected with the citrus processing opera- tion located near the south County line on U.S.1 which has been dumping refuse in the drainage ditch. He did not feel the operation out on I-95 presents the same problem. Commissioner Wodtke further noted that Kennedy Groves runs a citrus operation right at the end of 6th Avenue and U.S.1 and handles it well and healthfully. He believed this actually is more of a health problem than a zoning problem. Planning Director Keating emphasized that Kennedy Groves actually is a different type operation. Squeezing a limited amount of juice for on-site sales, as Kennedy Groves does, would be considered an accessory use and would be acceptable, but when the principal use of the property is for a.plant that is creating juice for wholesale distribution outside the area, that is determined to be processing, which is not allowed in C-1. The Board of Adjustments agreed with staff on this definition. Commissioner Lyons asked about pursuing the health problem with the operation on south U.S.1, and Commissioner Bird stated that the way they are running that operation would not be acceptable to him in any zone. Planning Director Keating confirmed that his department did receive a number of letters of complaint from the residents of the adjacent mobile home park. Since the Health Department has limited enforcement authority, his department has tried to work with these plants to alleviate the major concerns, and he did believe a lot of the major nuisance problem has been abated, at least temporarily. In the continuing discussion, Commissioners Bird and Lyons agreed to add the following to the Motion on the floor: 50 That in addition to trying to get a stipula- tion for a stay of the lawsuits, the Attorney also be authorized to file a counterclaim re any nuisance that might exist. THE CHAIRMAN CALLED FOR THE QUESTION ON THE ORIGINAL MOTION, PLUS THE ADDITION. It was voted on and carried unanimously. PUBLIC HEARING - APPROVAL OF SITE FOR DEVELOPMENT OF RESIDENTIAL MULTI -FAMILY HOUSING (HOUSING AUTHORITY) The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: Affiant further says that the said Vero Beach Press -Journal is a newspaper published a 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 o advertisement; and affiant further says that he has neither paid nor promised any person, fir or corporation any discount, rebate., commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subs ribed fore t ;` day of 10 A.D. 19 a 0 �J ,(Business Manager) (SEAL) Circuit Cogt�lndian River County, Florida) 10 acres of the NW V4 of the SW_='u of Section 22, Township 32 South. Range -' 39 East; run North along said West boundary of the East 10 acres of the NW/4 1A of the SW ' a distance of 1324.89'; t thence run West along the North bound- ary of the NW ' of the SW '/4 a distance of 53:85'; thence run South a distance of n 1325.00' to the South boundary of the NW '/4 of the SW '/4; thence run East f along the South boundary of the NW .% m of the SW '/4 a distance of 48.41 feet to the point of beginning; Less and except from the above described lands any por- tion lying in Pineview Park Division, Unit No. Two, as Shown in Plat Book 7, Page 44, public records of Indian River Coun- ty, Florida. 2. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Board of County Commissioners of Indian River County, Florida By: Don C. Scurlock Jr., Chairman Feb. 20, 1984. 51 MAR 7 19 4 ®Bay 3 FACE.32 HEARINGBY NOTICE O BEACH PRESS -JOURNAL NOTICE (PUBLIC e County Commission of Indian River County will hold a Public hearing on March 7, 1984, at 10:00 A.M. in the- Commission Chambers, Published Daily + 1840, 25th Street, Vero Beach, Florida, for the purpose of: 1. To review a proposal. of the Indian River CouMy Housing Authority requesting Nro ch Indian River County Florida + + approval of a sitar purchase to construct residential mul- tifamil rental housing for 130 low and moderate - income families.on the following described prop- CO OF INDIA .STATE OF FLORIDA erty located in Gifford north of 40th Avenue and south of Lindsey Road in Indian River County, V igned authority personally appeared J. J. Schumann, Jr. who on oath Florida, (13.08 acre) to wit: says that ss Manager of the Vero Beach Press -Journal, a daily newspaper published Parcel 1: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being The NE '/. of the SW '/.; LesstheEast 30 acres; and the East 10 acres of the NW 'A of the SW '/4; all in Section 22,. Town- South, shi32 ast, Indian ae 39 a � River County, Less from the SW comer of Section 22, Township 32 South, Range 39 East, run South ` 89°59'30" East along said South Section in the matter of �t� Ti C line a distance of 935.50'. Thence North 0°43'35" West a distance of 1585.12' to the point of beginning. Thence continue North 0°4335" West a distance of 210.00'. Thence East a distance of 690.00'. Thence South 0°4335" East a distance of 210.00'. Thence West a die - in the Court, was pub- lance of 690.00' to the point of begin- Iished t� lC � ning. Parcel 2: in said newspaper in the issues of T From the South West corner of the East Affiant further says that the said Vero Beach Press -Journal is a newspaper published a 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 o advertisement; and affiant further says that he has neither paid nor promised any person, fir or corporation any discount, rebate., commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subs ribed fore t ;` day of 10 A.D. 19 a 0 �J ,(Business Manager) (SEAL) Circuit Cogt�lndian River County, Florida) 10 acres of the NW V4 of the SW_='u of Section 22, Township 32 South. Range -' 39 East; run North along said West boundary of the East 10 acres of the NW/4 1A of the SW ' a distance of 1324.89'; t thence run West along the North bound- ary of the NW ' of the SW '/4 a distance of 53:85'; thence run South a distance of n 1325.00' to the South boundary of the NW '/4 of the SW '/4; thence run East f along the South boundary of the NW .% m of the SW '/4 a distance of 48.41 feet to the point of beginning; Less and except from the above described lands any por- tion lying in Pineview Park Division, Unit No. Two, as Shown in Plat Book 7, Page 44, public records of Indian River Coun- ty, Florida. 2. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Board of County Commissioners of Indian River County, Florida By: Don C. Scurlock Jr., Chairman Feb. 20, 1984. 51 MAR 7 19 4 ®Bay 3 FACE.32 MAR 7 1984 BQOK cr�CE 3310 Edward Regan, Executive Director of the Housing Authority, reviewed the following memo: TO: Board of County DATE: February 21, 1984 FILE: Commissioners THROUGH: Michael Wright County Administrator SUBJECT: Request for Approval of a Site for the Development of Residential Multifa%ily Housing FROM: Edward J.- ega REFERENCES: Executive Director IRC Housing Authority The Indian River County Housing Authority at its meeting of January 17, 1984, requested a Public Hearing by the Board of County Commissioners for approval of a site for the development of residential multifamily housing for low and moderate -income families. Florida Statute 79-481, House Bill 854, requires that the Housing Authority get the approval of the County Commission, or the governing body which has jurisdiction, for a site of a proposed project. This site approval is independent of zoning and other regulatory approvals. In accord with the statute, notice was published in the Vero Beach Press -Journal on February 20, 1984. Consistent with the requirements, we have notified all owners within 300 feet of the site and posted a notice on the site. The Housing Authority is perfecting its application to the Department of Community Affairs for a loan of funds to acquire 13.08 .acres -in Gifford north of 40th Avenue and south of Lindsey Road (location. map attached). The Housing Authority has optioned a parcel owned by Blanche Childers and Franklin A. Harris for $130,800. The objective is to acquire the land and develop 130 townhouse rental units for low and moderate -income families. The complex, to be hnown as Victory Park, will be owned and managed by the Housing Authority. The cost of the land and the availability of water and sewer make it possible to meet the standards set by the Farmers Home -Administration for their Section 514 Loan and 516 Grant Farm Labor aizd 515 (Mortgage Interest Subsidy) Programs. The conditions do not exist at this time in many other areas of the County. The fund to acquire the land, plan and design a multifamily building site will be made available from the Florida Revolv- ing Land Acquisition and Site Development Trust Fund. (See Victory Park Housing Project Information sheet for additional comments.) We request approval of a site for purchase by the Indian River County Housing Authority to develop residential multifamily housing for low and moderate -income families on the following 13.08 acres in Gifford north of 40th Avenue and south of Lindsey Road in Indian River County, Florida, to wit: 52 Parcel 1: The NE 1/4 of the SW 1/4; Less the East 30 acres; and the East 10 acres of the Nti+l 1/4 of the SW 1/4; all in Section 22, Township 32 South, Range 39 East, Indian River County, Florida; Less from the SW cor- ner of Section 22, Township 32 South, Range 39 East, run South 89°59'30" East along said South Section line a distance of 935.50'. Thence North 004335" West a distance of 1585.12' to the point of begin- ning. Thence continue North 0°43'35" West a dis- tance of 210.00'. Thence East a distance of 690.001 . Thence South 0°43'35 " East a distance of 210.001 . Thence West a distance of 690.00' to the point of beginning. Parcel 2• From the South West corner of the East 10 acres of the NW 1/4 of the SW 1/4 of Section 22, Township 32 South, Range 39 East; run North along said West boundary of the East 10 acres of the NW 1/4 of the SW 1/4 a distance of 1324.89'; thence run West along - the North boundary of the NW 1/4 of the SW 1/4 a distance of 53.85'; thence run South a distance of 1325.00' to the South boundary of the NW 1/4 of the SW 1/4; thence run East along the South boundary of the NW`1/4 of the SW 1/4 a distance of 48.41 feet to the point of beginning; Less and except from the above described lands any portion lying in Pineview Park Subdivision, Unit No. Two, as Shown in Plat Book 7, page 44, public records of Indian River County, Florida. Mr. Regan reported that this has been reviewed with members of the Progressive Civic League and no one presented any objections. He informed the Board that the subject property is bounded on the north by Lindsey Road and a small canal. Immediately to the south of this tract is the Gifford Gardens multi -family unit. It is bordered on the east by vacant land and on the west by Crystal Sands Subdivision, Unit 2, in which there are very few houses as yet. This tract has access on 40th off of North Gifford Road. Architect John Schlitt informed the Board that he is not the architect for the project, but he has assisted in getting the information to the point where it is a viable project and can be advertised. He noted that this site is in an MXD designation under the Land Use Plan, and it presently is zoned R-2 so that no zoning change is required. 53 MAR 7 1984 Pl0r.. 56 FNA MAR 7 1984 Boa 56 �aGE Mr. Schlitt further noted that utilities are very close so there is a very small offsite cost needed to bring in the utilities. Commissioner Bird asked if the Housing Authority has the authority to negotiate price and purchase the property themselves. Mr. Regan stated that the Housing Authority does have the authority to purchase and the repayment of loans is their responsibility, but they do need to indicate to the Department of Community Affairs that the governing Board is in accord with what they are doing. Commissioner Wodtke noted that one of the provisions in the Special Act creating the Housing Authority was that the Commission has to give approval of the project. Commissioner Bird inquired about the Housing Authority's guidelines for purchasing property, and Mr. Regan explained that they have had the property appraised and forwarded the appraisal to the state. Access to utilities is another requirement. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously closed the public hearing. Commissioner Bird believed that we all recognize the need for this type of project. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 84-19 approv- ing the proposed multifamily residential 54 housing project, the site to come back for full site plan approval. Commissioner Wodtke noted that a statement was made in regard to the possibility of the interest rates being reduced to 1% and asked if it was a Commissioner of the FmHA who would have the right to do this; Mr. Regan confirmed that it was and noted that is the intent of the project. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 55 MAR 71984 ear 56 PnE3 MAR 7 1984 BOOK 56 33 4 RESOLUTION NO. 84-19 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA SUPPORTING THE INDIAN RIVER COUNTY'S HOUSING AUTHORITY'S MULTI- FAMILY RESIDENTIAL HOUSING PROJECT. WHEREAS, the Indian River County Housing Authority has approached the Board of County Commissioners of Indian River County with a proposal to develop a multifamily residential hous- ing project within the unincorporated area of Indian River County, and WHEREAS, the rules and regulations of the Department of Community Affairs, Division of Local Resource Management, Chapter 9-23, Section 9B-23.03 requires evidence of the local government support of a proposed project in the form of a resolu- tion prior to submitting an application to the Department of Community Affairs for a loan of the necessary funds to acquire the property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the County supports the development of a multifamily residential housing project to be located on 13.8 acres of land in Gifford north of 40th Avenue and south of Lindsey Road subject to future site plan and developmental review under the Code of Laws--and-Ordinances of Indian River County. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of March . 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, /FL/O�RIDA BYE ----c- �/�IG.,{�+�-� DON C. SCURLOCK, JR. APPROVED S FORM Chairman AND LEG FF I C ✓/ Attest: By: FREDA WRIGHT,p Cl5�k A Y BRANDENBUR , County Attorney dgo,A.,fir.�,Va.6 % REQUEST FROM FLORIDA HEALTH FACILITIES CORP. RE INDIAN RIVER VILLAGE CARE CENTER WASTEWATER The Board reviewed the following letter from Mr. Clark: Mr. Douglas Scurlock, Chairman Indian River Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Dear Chairman Scurlock: RE: Indian River Village Nursing Center Indian River Village Nursing Center owned and tobe operated by Florida Health Facilities Corp. (of Indian River County) has :.been seeking sewer services to the facility now -under construction at 1310 37th Street, Vero Beach, Florida. The property, as you know, is located outside of the city limits of the City of Vero Beach and is adjacent.to the property owned by the -Indian River County Hospital District. It is our understanding that the hospital property has been allocated.sewer capacity which is not presently being used. In order that we may proceed in an orderly fashion, we would request that the matter of sewer service to the facility be placed upon the agenda -of the Board of County Commissioners for the following alternative purposes: 1. An allocation for sewer service from the county. 2. A determination that an allocation is not available. 3. A consent by the. County to utilization of a portion of the hospital allocation upon such terms as may be agreed to by the Board of Trustees of the Hospital District. 4. Such alternative solutions as may be developed by the Board of Commissioners. 5. County providing a temporary package plant 6. A determination that an allocation is or is not available from the Sixth Avenue allocation We believe that our facility will render a substantial service to Indian River County and its residents and that it is to the best interest of all concerned that a solution be developed. By Very truly yours, FLORIDA HEALTH FACILITIES CORP. (OF INDIAN RIVER COUNTY) 57 MAR 7 1984a , 56, FAcE3�5 r- - , - MAR 7 1994 8Q©K ca�E 335 John Stone came before the Board, representing Florida Health Facilities Corp. to review the history of the situation, noting that at the time the site plan was approved, question was raised re wastewater treatment, and they were hopeful of obtaining connection to the sanitary sewer. Since that time, efforts have been made to obtain permission to tie onto the sewer system - they have met with the City staff, the County staff, the Hospital Board, etc., but at this point they have been unable to arrive at any definitive solution. Mr. Stone, therefore, felt it was appropriate to start things up again in an orderly fashion to seek an overall solution. He emphasized that for them to connect to the existing waste treatment facilities rather than install a package plant would be to everyone's benefit, especially since there is a sewer line in the vicinity of the facility. - Mr. Stone then quoted figures from the Lloyd Report of 1983 in regard to usage of wastewater allocation, which demonstrate that a large percentage is not being utilized. He stressed that although the various entities assure them that all of the available gallons per day have been allocated, the point is that not all of this allocation is being utilized, and Florida Health Facilities is not asking for a permanent connection. Mr. Stone continued to emphasize that it is only good planning and an orderly process to make full use of the facilities that presently exist, and those facilities, since 1973, have not even come close to their planned capacity. He felt that Resolution 80-92, adopted by the County in September of 1980, reducing the Hospital's allocation from 500,000 gpd to 400,000 gpd and stating that any difference between the Hospital's actual need and the 400,000 gpd should be made available to the County for reallocation, clearly expressed the County's intent. 58 I Chairman Scurlock noted that we are undergoing a study right now looking at a sub -regional plant in the area, but that, of course, does not help at this time. He further noted that we have met with the City and discussed this issue several times; they emphasize their agreement is with the hospital; there is 400,000 allocated; and they are to have the final say. As far as any temporary use of.that allocation by anyone is concerned, the City has indicated they are not willing to release any of it to anyone unless they are assured by the Commission that in a given time we will build.a subregional system, and we cannot give that absolute assurance at this time. Naturally, we don't want another package plant, and while Mr. Clark of Florida Health Facilities has indicated he would be willing to participate in a s-ubregional plant, the City has indicated they are unwilling to release any temporary allocation based only on a developer's agreement. Discussion ensued regarding the 400,000 gallon allocation to the Hospital and how it is controlled, and Attorney Brandenburg stated there are a multiplicity of agreements (about 12) involving this issue. He went over the history of the situation,. starting with the 1973 agreement which gave the County an allocation of 1.3 million gallons per day, and pointed out that when the Hospital requested service, the City gave the Hospital a 500,000 gpd allocation but considered it as a part of the County's 1.3 million gpd allocation. After the County took the step of reducing the Hospital's 500,000 gpd allocation to 400,000 and gave the 100,000 gpd difference to Indian River Shores, the City entered into an agreement with the Hospital that they would provide the Hospital with an unlimited wastewater allocation to cover all their lands with the proviso that the Hospital would not give any of their allocation to anyone else without the City's permission. 59 MAR 7 1994 FA _ mel J J 7 J MAR 7 1984 9Q®� � PAcE338 Attorney Brandenburg further noted that the 1973 agreement, which was for 10 years, expired in January of 1983, and that is why we were careful to make sure that the City did not think, by virtue of the expiration of that agreement, that our 600,000 gpd allocation for the south mainland area had gone by the wayside; they agreed that it had not. Lengthy discussion continued as to the various agreements and their intent, and Chairman Scurlock believed there are a number of legal questions we could pursue through the court (impact fees, etc.), but that doesn't help the Clark's facility at this time. Considerable discussion followed in regard to the request made by Florida Health Facilities that the County lend them support to try to help them get a temporary allocation with the assurance that the County is going to work towards a subregional system and the assurance that Florida Health Facilities will agree to go on that system when the time comes. Commissioner Lyons noted that this is his ninth year of arguing this subject, and he believed the only satisfactory solution is for the County to do the job on the sewer and forget the city. He did not believe we will ever get it straightened out. Chairman Scurlock stated that he would like to have authorization for the County to support a temporary allocation and enter into whatever we can to try to accomplish that temporary purpose. He just wanted to make sure we stay within our limits as to what guarantees we give. He agreed that whether we will be successful with the City or not is a moot question. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to authorize the Chairman, 60 the County Attorney, and staff, to negotiate with the City of Vero Beach to try to facilitate and assist Florida Health Facilities in obtaining a temporary wastewater allocation for their develop- ment with reasonable assurance that when the City needs the allocation back, they will be relieved of their allocation, and they will go to a package plant or some alternative, and also to to support Clark's request to the Hospital Board for a portion of their wastewater allocation. Commissioner Wodtke noted that for nine years he also has been dealing with this situation; it all goes back to the way the funds were received by the City for the extensionofthe plant with the County's aid, and he felt it is time we go to our legal department and get some of this resolved even if we have to go to court:` If the City wants to serve the hospital with unlimited use, that is fine, but if it comes out of our allocation, we should have something to say about it. Chairman Scurlock believed the money for the extension of the City's plant came from an EPA grant and that it was supposed to be for a regional facility. He, therefore, had some question about boundaries. Commissioner Lyons also felt we should go to court and get this straightened out. Commissioner Bird stated that he did not want to beg the City for sewer service nor did he want to shove it down their throat through a court of law; he believed it was better we should go our own way. Utilities Director Pinto noted that we are continually given contradictory information, and he believed it is time to bring this to a head and determine who has the right to that capacity. He noted that even the rate payers in the 61 BOOK 56 PA.GF 339 MAR 7 1984 B.9a 56 PAcE 3AO City should be upset because actually they are carrying that entire plant for future development. Discussion continued at length as to the grant money involved and the fact that the City had to go to the County for help so they could get these funds. Commissioner Lyons noted that one way to bring this all to a head would be to go to court and demand service for this customer. Attorney Brandenburg suggested that, as a first action, the Board authorize the Chairman to write a letter to the City Council requesting their interpretation of the County's current status under all the various agreements re waste- water and have the Council approve by Motion just what the County's status is. Nancy Offutt of the Board of Realtors suggested that when the Board does go into negotiations with the City, this should include future development that may take place. Chairman Scurlock stated that what he would like is to get as much allocation for immediate needs as possible and then go ahead with our study and build a subregional system. Commissioner Bird pointed out that actually the allocation the Clarks are requesting is a very small amount. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously directed the County Attorney to draft a e letter for the Chairman's signature asking the City of Vero Beach for a clarification of the County's existing wastewater alloca- tion and the various agreements that relate to the allocation. 62 PRESENTATION OF JAIL DESIGN & REQUEST FOR AUTHORIZATION TO PROCEED James Dorsey came before the Board representing Frizzell Architects. He reported that they have worked diligently with the Public Safety Committee on several different concepts, and their final design and proposed budget has been approved by the Committee. Mr. Dorsey then introduced Tom Rappe, Project Manager to review the proposed design. Mr. Rappe first reviewed the following proposed master plan for the Justice Complex: 63 MAR 7 1984 Be 56 PAC 3` MAR 7 1984 000 0000 1000 00 • • tisii4� 't�� • • O • O • O • O O • (t • • • • • • • • •Of00� 0V• 00iii••••• •3 G• G•C• 00•• ••••i 00000 800 00010 • • i • i • •1� •• • • • • • i i •i • i•• 0000.00000 • 000000000000 •i 0.0000.000 i • 0000000000 C) innnnnnnnno • 6600.00000 • 00000000000000000000000000 100000000000000000000000000 S. GIFFORD ROAD BOOK 56 FAGS Mr. Rappe reported that out of the entire complex, initial construction would be the Jail Administration Center and housing to contain 140 beds, with an alternate for 30 additional beds. The Administration area and chassis is designed to hold a total build -out of 340 beds. The additional housing space will be built when needed. 64 Cn L v �' o T a � ern. ■ \ V 000 0000 1000 00 • • tisii4� 't�� • • O • O • O • O O • (t • • • • • • • • •Of00� 0V• 00iii••••• •3 G• G•C• 00•• ••••i 00000 800 00010 • • i • i • •1� •• • • • • • i i •i • i•• 0000.00000 • 000000000000 •i 0.0000.000 i • 0000000000 C) innnnnnnnno • 6600.00000 • 00000000000000000000000000 100000000000000000000000000 S. GIFFORD ROAD BOOK 56 FAGS Mr. Rappe reported that out of the entire complex, initial construction would be the Jail Administration Center and housing to contain 140 beds, with an alternate for 30 additional beds. The Administration area and chassis is designed to hold a total build -out of 340 beds. The additional housing space will be built when needed. 64 1 1 U 3 0 0 ra r --I i•1 0 0 H 44 4-i 0 4J N •ri ,�4•: ^M W 4 4J 04 0 •• 04 M r-4 0 44 N (� 1 U) .r-1 cu o , 0. 'IDRY WK460 ' McDIUD4 I ppnFiaAM I MEgU `• s• G►pwN�tOM �"d��J}jy{ 1 MED. 5couturf 2e bm5,) M:INIMUN� `+ ■ 1 $•� C100.M 1 �( a Orb ! 1 JAN. Ll WORK M iNIP VA potiM . O..MINtMVM 1 �MMIS. 1 1 �6l R 1 d -O i f M�E 1 � .1 FN. 140 sn,MUNIT'( YtoWc pop.M _ MIN. N. yp DMJWI..Mt14 IA J,t.G At t•KG4� I Isu..d� t � , 7 b.t t4E. U0 U wry.4G 1 1 ural, P c =11,C401% JAM- -- GoMMiS. ~ 5ra. ti 1 JAN• t �.. I MAxIMUM j + 1 exeAn sloN > �` NAxIMOM I I MWtiM ,• w , t °c: �fo,ryrigh! 1N•J.O. �. �teM bet•,Tne. MED fimwNti Pft, JY. c. c. J x O C60'TNIN6 15><AMf 1 clntvee i 71VhN I M+�Nr. MecN. 6t.eG. VBNtu.0 �►.w[poRT oryticrlK V. \ � i DININb ..� •.` 1 -J First. Floor n Indian River County Justice Facility 2114104 Sahem•Na 0•19n VR••a Ucc O 1 i.opnY i wow* VURiN� SNI � . WiM \� 1116 r .. A oK lAtW W110 OM1 LGKS -jmm tm& IKICRV D °FF. It1oL0 NaD Ila -o i -J First. Floor n Indian River County Justice Facility 2114104 Sahem•Na 0•19n VR••a Ucc O Pr- 'I MAR 7 1994 a� 56 PACE TA Mr. Rappe emphasized that the chassis is designed to support total build -out, kitchen, maintenance, etc.; although there might be a future need for additional office space. He explained that the main corridors are all controlled by the Main Control Room, and the work release dorms have a severely restricted flow to the rest of the facility. Mr. Rappe described how sick call would be handled to keep the movement of prisoners through the facility to a minimum. He reviewed the minimum and medium custody areas, noting that maximum security has only one inmate per cell. Mr. Rappe reported that one of the hardest areas to deal with is the female area, and you must have a female matron. This matron will work both the first and second floor area. Commissioner Bird asked about the releasing of maximum security prisoners to a common day area, and Mr. Rappe stated that they would not be kept locked up 24 hours a day unless they are a severe management problem. There is some flexibility, and they can be released into the common day area in small groups. They are kept under surveillance at all times from the Main Control Room. Commissioner Bird asked about the advisability of reversing the food preparation area to the east with the thought that when you add on the other buildings, the food preparation and laundry would be adjacent. Mr. Rappe explained that those benefits were weighed against the disadvantages of needing more roads for food delivery, transportation, etc., and it was felt the proposed location works out to be more efficient. Mr. Rappe then reviewed the second floor plan for the housing area, which is almost identical to that of the first floor. G J F I I I I copyright 1094,P -D -S, archit.cts,lm. Indian River Justice Facility 2116164 Sch-tic Design Phase County �i I w m MAR 7 1984 a©a 56 PAc EM He informed the Board that the big feature of the second floor is the relocation of the non -contract visita- tion room to this area. The earlier scheme had this on the first floor, but the problem was that this took members of the public into a restricted area. They, therefore, added a corridor above the first floor corridor and access to the non -contact visitation room is immediately by the control room. Contact visitation still would occur down in the main area. Commissioner Lyons informed the Board that in the committee's travels, they did not find one jail that had a really satisfactory visiting area. He believed this is a real innovation and that it is a real plus. Commissioner Wodtke asked about access to the upstairs visitation room for people in wheelchairs. Mr. Rappe agreed that they must provide for those in wheelchairs, but actually this would involve a small part of the population. There are consultation rooms on the first floor, one of which is non -contact consultation, and that can be used for inmate non -contact visitation, if necessary. To put in an elevator would be very costly. Commissioner Lyons pointed out that this design still - encompasses the original concept, which was to be able to get maximum surveillance from one officer, and he believed this is an improvement over the other design with the single pod in that we now have an excellent exercise yard arrange- ment with a miminimum amount of movement of prisoners and with excellent visibility. He felt by splitting the pod this way, we have added some worthwhile features. e Mr. Rappe confirmed that one of the earliest of their philosophies, which they plan to stay with, was eyeball contact between the officer and the inmates. Cameras get very boring to watch, and they feel very strongly that actual eyeball contact is much better. He stressed that 68 they are making the most use out of the Control Room officer, who monitors the inmates, the exercise area, the non -contact visitation, etc. Mr. Dorsey presented a model segment of the proposed facility and demonstrated how the eyeball contact would work with the Control Room officer having visual contact with both the top and bottom floors. He explained that the control room has one-way glass - the officer can see out, but the inmates can't see the officer. Commissioner Lyons reported that all plumbing is accessible from the outside of the building which helps prevent a possible breach of security. Mr. Rappe then discussed how the design provides the maximum amount of visibility into the cells and noted that the State of Florida does not require consideration in regard to the inmate's privacy. He displayed a section of a bar grill to be used instead of the conventional bars, pointing out that the great advantage of the grill is that, while it allows visibility, the spaces are not large enough for inmates to stick their arms through and grab the roving guard. This also would be very difficult to cut through to escape. Mr. Rappe went on to describe the construction materials to be used for the building, which are strictly regulated by the state. He noted that the exterior wall is 8" masonry with steel reinforcement; it can have a different finish, for instance, stucco is available which has color as an integral part so that it does not need repainting - just cleaning. Mr. Dorsey then reviewed the projected budget, as follows, noting that the County is to handle all of the site work and offsite improvements to bring in the utilities: M. MAR 7 1994 Boa 56 FAGFn 7 J J r MAR 7 1984 5. FACE 348 70 I Frizzell Architects Architecture }� Engineering 1559 j �J Planning Winter Park Fort Myers W. R. Frizzell Architects, Inc. 200 West Welbourne Avenue Winter Park, Florida 32789 (305) 628-0620 16 February 1984 4 INDIAN RIVER COUNTY JUSTICE COMPLEX Project Cost Summary (1984 Dollars) Construction: f Jail Administration, Housing and Mechanical Support $3,683,900 Site Work By County $3,683,900 Off Site Improvements: By County ` Equipment and Furnishings: $ 250,000 Quality Control: Material Te -sting $ 8,000 Soil Borings 8,000 $ 16,000 Fees and Permits: (sewer & water impact,DER) _ $ 45,000 r Land: (20 acre tract) $ 136,800. Architect's Fee: $ 254,400 Subtotal $4,386,100 Inflation at 0.4%/mo. to mid -point of construction (9/1/85) for construction plus equipment and furnishings $ 307,100 Total Project Cost $4,693,200 Construction Cost/BED Including cost of construction, kitchen and laundry equipment, and all other fixed equipment $ 26,300/BED 70 Administrator Wright informed the Board that the site work and off-site improvements to be handled by the County were originally estimated at around $300-$400,000, and this is a cost that we need to recognize in our budget. Mr. Dorsey also felt that the inflation figure might creep back up a little. Discussion ensued regarding the cost per bed of $26,300, and it was noted that if the additional 30 beds were added at this time, it would reduce the cost per bed to $23,700. Mr. Dorsey stated that the kitchen as designed would be adequate to serve the facility at total build -out and all that might be needed would be another oven. He felt this is one of the most cost effective solutions they have ever seen, andheexpressed confidence in their estimated numbers for costs. Mr. Rappe then discussed staffing, noting that the first concept required a staff of between 52-54. The new design, taking into consideration every shift and all the positions demanded, requires the same amount. They are making better utilization of some of that staff. Commissioner Lyons emphasized that we are looking at manning that is demanded by the state. Question was raised in this regard when the design came in to the Jail Commit- tee, and the Committee had Captain Bill Baird doublecheck to determine whether the manning requirements would be any different for this design. Sheriff Dobeck came before the Board. He emphasized that if this is the facility the Commission wants, his department will live with it and work with it, but stated that he felt the Commission should compare "apples to apples", i.e., compare what we actually have now to what we would have in this facility. He continued that we now have a population of .about 70-100 in jail, and of these 960 or 71 MAR `7 1984BOOK�e I MAR 7 1994 BOOK 56 PAGE 350 more are felony inmates. The new facility as proposed would have 70 -maximum security beds, and the present jail population, therefore, would fill up all of the maximum security area immediately. Sheriff Dobeck noted that approximately 40% of the new facility as planned is dormitory, and his department can live with that although it is not the best situation for security or control. This means that 56 beds are dormitory, excluding the female quarters. Hypothetically, a year down the road we would have 100 inmates, and it would mean 30 of the felons would have to be in dormitory -type situations. The Sheriff noted that would completely destroy the ability to separate and classify the inmates, and if they were unable to screen out homosexuals, for instance, this could lead to a liability situation. Sheriff Dobeck stated that although the committee and architects have worked very hard, and this is a fantastic design, he felt this point must be considered. The Sheriff also had some differences of opinion re staffing. He believed the optimum staffing would be 60 people and that is a substantial impact; the jail now has a staff of 22 including three cooks. His main concern, however, was the dormitory -type housing and how it will affect staffing and liability. Commissioner Lyons stated that he was irritated with Sheriff Dobeck, who, he noted, was not present at the last several Jail Committee meetings when all this was thoroughly discussed. Commissioner Lyons pointed out that the Sheriff's Department is under as much pressure as the County Commission to have this jail, and further noted that one reason the Sheriff has only 20 some people running the jail is because the State is letting him get away with it because there is no room to put any more anyway. Sooner or later the State will demand the required manning, and if we don't move out of the present jail, we will be helped out. 72 _I Commissioner Lyons stated that he did agree that he would like to see the additional 30 beds go in right now because that would match up better with our jail population. Sheriff Dobeck confirmed that basically was hismain point. Administrator Wright noted that from the very inception of this project, we never talked about less than 50 for staffing. He believed this must be faced, and noted that it will amount to a cost of $15,000 to $18,000 per man. Discussion followed in regard to converting some dormitory beds into cell area, and Mr. Rappe stated that this could be done very easily. He felt the work release people could live in the dormitory, but the other dormitory is the same configuration as the other cell area, and they could provide 20 rather than 24 beds in a double cell occupancy arrangement. .You would lose four beds this way, - and the cost would go up a bit, but it would -provide 20 double cell beds. Chairman Scurlock believed felons can be put in double cells; they just cannot be in with other categories. Mr. Rappe informed the Board that the State requires 1/3 single cells to 2/3 multiple occupancy. The Department of Corrections has seen this scheme and given it the go ahead. Mr. Folsom of the D.O.C. encourages providing sufficient square footage in a single cell to enable it to handle at least two so that in a pinch you could put in another bed. Making the single cells 90 sq. ft. vs. 63 sq. ft. would result in a lot more flexibility. Chairman Scurlock believed what he hears is that we are looking at a cost of 5 million and adding the. -extra beds, plus $600,000 for extra personnel costs. He stressed that we must make the public understand what is involved. Discussion continued as to the additional staff that would be needed, and it was noted that 24 hour staffing is 73 MAR 7 1984 Boos 56 Ki"35, . Fr MAR 7 1984 56 PAcE359 needed. It was further pointed out that if the D.O.C. did enforce-their staffing requirements, only 46 inmates could be housed in the existing jail. In addition to insufficient staffing, we are not offering all the programs required by the D.O.C. The Board continued to discuss staffing requirements, the need for single cells which are more expensive, etc., and the Sheriff reemphasized that his main concern was the dormitory quarters. Commissioner Lyons recommended that we go ahead and ff11 in the add-on triangles to provide the extra beds, and Mr. Rappe reported that the addition would work out to a cost of about $10,000 per bed. He doubted you would ever be able to get those extra beds as cheaply. Further discussion ensued as to the total cost we are facing, including site work costs, staffing requirements, the additional beds, parking, etc. In regard to comparing the cost per bed with that of facilities in other counties, Administrator Wright noted that St. Lucie County is talking $40,000 per bed because they are including all costs, including site improvement, equipment, etc., and Ocala is talking $25,000 per bed because they do not include all of these costs. We are estimating $26,000 per bed construction cost - not project cost, and if we add the alternate, it would be $23,800 per bed construction cost. Mr. Rappe believed that after comparing jails all over the country, it generally works out to a cost of about $120/sq. ft. to build a secure area. Discussion then ensued as to funding alternatives, and Administrator Wright noted that in putting this all together, he has tried to keep the costs down to where we could pay for the jail facility without going into debt for 74 M 10 or 15 years. He believed the best way to pay for this is a 1� one year sales tax. Chairman Scurlock doubted that the 1� one year sales tax option would bring in enough money in one year to, cover the cost, and Administrator Wright agreed there might be a need to incur some short term financing costs. He noted that staff is working on other sources, and he would like to have an impact fee established to deal with future expansion. Discussion followed on the desirability of the one year sales tax, which would spread out over resident and non resident alike, as opposed to having future residents shoulder part of the burden. It was also noted that the fact that the 1G sales tax would only apply to the first thousand was not totally equitable. Commissioner Lyons asked the Sheriff if he felt he could find a jail that meets state requirements and require less staff, and the Sheriff agreed that he could not. Commissioner Lyons continued to emphasize the desirability of adding the alternate at this time. Chairman Scurlock asked the architect if there is anything he could cut to bring the cost of the facility down, and Mr. Dorsey stated that there is not; they have been looking at this for a long time and have tried to cut costs every way possible. Commissioner Lyons confirmed that he has had some very plain conversation with the architects in this regard. Administrator Wright stated that he would like to bid the alternates as lA and 1B. Commissioner Wodtke brought up the possibility of building a joint facility with our neighboring counties, and noted that in this way, there could be one common major facility and the counties could continue to make use of their old facilities. 75 MAR 7 1498 BOOK 56 FACE 353 MAR 7 1994 Bei( 56 PAGE 354 In the following discussion, it was felt that the problems involved with politics, the transportation of prisoners, and particularly the timeframe, did not allow for going into this in depth at this time. Sheriff Dobeck stated that if this were to be done, the administration of such a facility would have to be handled by the Commission; he could not administrate it. He further pointed out that additional staff would be needed to operate an additional facility. In the following discussion, it was felt that while the idea of a joint major facility might be worth discussing with neighboring counties in the future, it is too late to go into it now. Commissioner Lyons noted that, in any event, we are going to have to have one basic jail in this county, and we cannot continue with -the building we have now, which is fit only for the storage of records. CommissionerBird agreed that he could not live with the existing jail under any circumstances. Commissioner Lyons asked if the Sheriff wished the architect to change the minimum dormitory to a double cell medium security arrangement, and the Sheriff confirmed that he did, if at all possible. Commissioner Bird inquired about leaving the dormitory arrangement and just adding the two additional medium security pods, Administrator Wright believed that everyone who has worked on this many, many hours would recommend that we take the minimum dorm, make that a medium security facility, Josing four beds, and then keep the other two dorms which should give us more than ample dorm space for some time to come. The Sheriff and Board members agreed with this recommendation. 76 Commissioner Bird wished to know, if we did decide this facility is the most cost effective design, whether we can explore the option of someone else building it on a leaseback situation. Administrator Wright felt once the facility is decided upon, we then have to look at every financing alternative, and Chairman Scurlock noted that there is the option of Construction Management (CM), the option of going to bid, and the option of leaseback. economics. It is just a matter of simple Commissioner Lyons suggested that we just deal with the architects now as we cannot decide on the financing at this time. Administrator Wright noted that the next phase is design -.development, and Mr. Dorsey believed that the preparation of design development would take two to'three months, and then the construction document preparation phase would be another three to four months. Commissioner Bird asked who owns the plans when they are completed. Mr. Dorsey answered that normally the architect does. Commissioner Bird stated that he would like the County to own the plans. Hopefully the architects have developed something that is as state of the art as possible, and maybe we could help out other counties with these plans, or possibly sell them. Administrator Wright felt he must caution the Board that we are still funding this facility by the seat of our pants; we have appropriated no money for the land and no architect fees, and there is always the possibility the referendum might fail; however, he still would recommend that the Board accept the design as discussed and authorize the architect to proceed with the next step. 77 MAR 7 1984 BanX SG FACE3'5 MAR 7 1994 Bou 56 MOB 4 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously accepted the jail facility design presented by Frizzell Architects with the change discussed re converting the minimum dormitory on the west side into a medium security area, and authorized the architect to proceed to the next step in com- pleting the project. Mr. Dorsey emphasized that if the Board is giving consideration to going to Construction Management, now is the time to do it. PRESENTATION BY CONCEPT VERO BEACH RE COURTHOUSE PARKING LOT LANDSCAPING PLAN Architect John Schlitt came before the Board to review his plan for landscaping the one-way street by the County Courthouse (22nd Street between 14th and 15th Avenues) and the adjacent parking lot area. Mr. Schlitt reported that they have been wanting to do something for -redevelopment of the downtown area, and felt this would be to get some movement stirring. He noted that in recent years the Landscaping Ordinances have forced the owners of various developments to improve parking lots, but two of the worst parking lots in the county are the City parking lot by City Hall and the County parking lot by the Courthouse. When the renovation was done, there wasn't enough money to go around to do this portion, and there currently is not a blade of grass in the one parking area. Mr. Schlitt reviewed his proposed plan, explaining how it would be possible to increase the green area.as well as the parking area by the use of some compact parking spaces. He noted that this plan has been presented to the Planning Department and they are in favor of it with a minor change. m Mr. Schutt informed the Board that the idea is to have a one -day beautification day as the community used to about 20 years ago, and they are working with the Chamber of Commerce, the Downtown -Merchants, and all the civic organizations to fund;the community group's portion of this. The County and City would be handling the construction costs, i.e., curb installation, demolishing of existing paving, some fill, sidewalk repair, etc. Mr. Schlitt further informed the Board that he was planning a bit of landscaping around the alleyway between the Grant and Pocahontas buildings, and he would like to take the brick walkway all the way through the alley to 21st Street. The alley would be closed to traffic, and the City is in agreement._with the plan. Mr. Schlitt believed the construction costs the County would be involved in would be about $12,800 and the annual maintenance would also be the. County's cost. He felt the first year the County's participation would be about $22,000 and from then on there would be the additional maintenance, the same as with all County buildings. Commissioner Bird asked where Mr. Schlitt came up with the maintenance falling on the County rather than the City, especially with regard to 22nd St. Mr. Schlitt stated that they did put the irrigation system all in one system, and he asked the Administrator if he would consider taking that over since the City has stated that their maintenance budget is always pushed. Administrator Wright believed it is logical for us to maintain this area and felt we can absorb this. He noted that we cut the grass at the Courthouse anyway and would just be going across the street. Mr. Schlitt stated that he was in favor of doing this all at one time. The only thing the community groups would have to do would be the small plantings, and the City has 79 MAR. 7 1984a�K �9FF Ll MAR 71994 cc�� BOOK 56 PACE 358 said they would come up with whatever the community fell short on. Commissioner Bird discussed funding and felt if we use the rationalization that this complements the remodeling we did on the Courthouse, possibly we could use any of those unexpended funds that we were earmarking for the fourth courtroom. Administrator Wright reported that we don't have any of those funds left. He noted the biggest cost"is the curb cost, and he felt we can find that somewhere in General Services. The others items are mainly labor, and he felt we can also find that within our existing resources. Commissioner Bird complimented John Schlitt for his work for the community and stated that he would like to see us help. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the County portion of the Beautifica- tion Day project as outlined by John*Schlitt subject to.the City of Vero Beach agreeing to the project as proposed and subject to the Administrator finding the money out of the General Services account or other appropriate account. Comissioner Lyons felt we should have done this to begin with. Mr. Schlitt informed the Board that the City did budget $38,000 for their own parking lot, and that will be done this year. He believed the project just discussed may be pushed back a month to May instead of April, but it will be before summertime. W SHERIFF REQUESTS ADJUSTMENT OF HIS OVERTIME BUDGET Sheriff Dobeck informed the Board that he had $15,000 budgeted for overtime work, but the investigation of the Gore case has already resulted in an additional 2,000 man hours which will deplete his overtime. He further informed the Board that at the end of the Gore trial, he will be back before the Commission with an exact breakdown of what it has cost, in travel, investigation, etc., and ask for a reimbursement from the monies they have seized back into their travel account and back into their cost of overtime. The Sheriff stated that he would like the Commission to allow him to keep the monies received for the community services his department renders, above and beyond their normal services, such as directing traffic by Wendy's, at Dodgertowri, etc., and have the checks for these services written to the Sheriff's Department so that these funds can go directly back into their overtime budget rather than back to the General Fund. This would eliminate the need for him to come back to the Board again this year and ask for additional monies to subsidize their overtime pay. Administrator Wright suggested that we keep the same procedure, but let these funds automatically pass through the books. This way the Sheriff will get what he needs, and it will keep our budgetary process intact. He suggested that the Commission authorize him to make disbursements to the Sheriff's -office equivalent to the amount received for these additional services, and he will give the Board at least a quarterly report. Some discussion followed, and Administrator Wright noted that this is a direct reimbursement for a service the Sheriff is providing, and what he is suggesting is that we work out a mechanism where the Sheriff can.be reimbursed and we can keep track of it. flN MAR 7BIOX 6 °AJ 9 i9�4 CF MAR 7 1984 Boa 56 FAGE,36.01 b ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized the Administrator to accept the checks received for the special services rendered by the Sheriff's Department and pass these funds through to the Sheriff's overtime account; an accounting to be made every quarter. The Board of County Commissioners thereupon recessed at 1:40 o'clock P.M. for lunch and reconvened at 2:45 o'clock P.M. with the same members present. TRAFFIC SIGNAL - SOUTH GIFFORD ROAD The Board reviewed the following memo dated 2/16/84: 82 TO: The Honorable Members of DATE: February 16, 1984 FILE: F the Board of County Commissioners THROUGH: Michael Wright, County Administrator James W. Davis,,P.E.,, ,�- Public Works Director FROM: Michael L. 'Orr,/6 Traffic Engineer SUBJECT: Traffic Signal - South Gifford Road (41st Street) at 43rd'Avenue REFERENCES: The subject study was conducted during January, 1983 as requested by the Transportation Planning Committee and readdressed during the aforementioned meeting of February 14, 1984. DESCRIPTION AND CONDITIONS. 1. Approach Traffic Volume: Summarized in the table below are the existing traffic volumes obtained for each approach to the intersection during the week of January 24-28. 1983. These volumes are relatively low considering the functional clas- sification (primary collectors) of 41st Street and 43rd Avenue. Approach ADT5 Peak Hour Volume(k) 43rd Ave. - Northbound 1700 180 43rd Ave. - Southbound 970 110 41st St. - Eastbound 1200 130 41st St. - Westbound 1100 110 2. Pedestrian Volume: The volume of pedestrians (children, adults and bicyclists) crossing the subject intersection on February 24, 1983 during 8:00 A.M. to 9:00 A.M. and on February 23, 1983 during 3:00 P.M. to 4:00 P.M. are summarized in the table below: Crossing Children Adults Bicyclists Total Morning (0800-0900) 43rd Avenue 0 0 1 1 41st Street 0 1 0 1 Afternoon (1500-1600) 43rd Avenue 0 0 0 0 41st Street 4 2 1 7 3. Accident History: Collision diagrams illustrating the frequency, type and pattern of traffic accidents occurring at the subject intersection for the years 1981, 1982 and 1983 are attached. The predominant -collision pattern is the right-angle type resulting from failure to yield the right-of-way. The accident frequency rate has fluctuated between 1981 and 1983. During 1981, the rate was relatively high (3.84 accidents per million entering 83 MAR 7 194 5 6 gar.. MAR 7 1984 BOX PACE vehicles), but dropped to a low rate (0.55 accidents/MEV) during 1982. The accident rate again increased during the first six months of 1983 at 3.41/ MEV. However, after installation of an aerial flashing beacon in June, the rate dropped,to 1.06 accidents/MEV for the period July 1 December 31, 1983. 4. Traffic Control: Existing traffic control consists of two-way stop signs for the northbound and southbound (43rd Avenue) approaches supplemented by an aerial flashing beacon installed during June, 1983. Crosswalks with appropriate signage in conformance with FDOT standards are provided across the westbound and northbound approaches. Critical movement analysis during the peak hour (1500-1600) reveals that the intersection operates at level -of -service "B" with short delays to side street (43rd Avenue) traffic. Signalization warrant analysis based on provisions in the Manual On Uniform Traffic Control Devices (USDOT, 1978) do not justify signalization according to the "Minimum Traffic Volume" warrant - minor street volume (43rd Avenue) exceeds the threshold level but the major street volume (41st Street) is only 37% of the minimum. This means that the volume on South Gifford Road is in- sufficient to cause significant delays to 43rd Avenue traffic. The "Accident Experience" warrant cannot be adequately evaluated due to the short time that the aerial flashing beacon has been operating (eight months). At least one year, preferably more, is needed for -meaningful evaluation of inter- section safety. Accident experience since operation of the beacon has been two collisions in eight months. ALTERNATIVES AND ANALYSIS A. Maintain existing traffic control (2 -way stop with aerial flashing beacon). B. Install a traffic signal due to potential hazard traffic volume). RECOMMENDATION (as recommended by the Transportation Planning Committee involving the quantity of school buses and increasing Alternative A is recommended since traffic volumes do not warrant signalization and since insufficient time has elapsed with which to evaluate the effectiveness of the aerial flashing beacon. Specific recomendations are: - 1. Evaluate the effectiveness of the beacon after its one-year anniversary in June, 1984. 2. Proceed to obtain additional right-of-way on the north side of South Gifford Road to (1) provide better sight -distance by removing citrus trees, and to (2) begin implementation of widening South Gifford. Road as approved in the Gifford Area Traffic Improvement Plan The Transportation Planning Committee, at the request of Mr. Judd Barker (School Board representative), unanimously recommends that the intersection be signalized due to the number of school buses using the intersection. Signalization will cost approximately $10,500 for a four-phase signal using in-house personnel to install. Contracted cost is estimated at $25,000. If approved, it is recommended that the cost be included in the proposed FY84-85 Traffic Engineering Department Budget. 84 Commissioner Lyons briefly reviewed the history of this traffic light. The Transportation Planning Committee had originally recommended a flashing beacon at the intersection of 41st Street and 43rd Avenue. However, at the request of Judd Barker, School Board representative, the Committee reconsidered and recommended that a traffic light be installed. Mr. Barker had conducted a study of the inter- section and strongly believed that the volume of traffic, especially the number of school buses, using the inter- section at peak school hours warranted a traffic light. Commissioner Lyons reported that he inspected the intersection last week and found it to be satisfactory, but his visit was not during peak school hours. He felt that perhaps the traffic light should be put in the works for sometime later and then reviewed. However, he felt it should be budgeted now. Administrator Wright asked if the Transportation Planning Committee had considered the use of a crossing guard at the intersection during peak school hours. He explained that this is the procedure used at all the other schools in the County and that the School Board pays for it. Commissioner Lyons reported that the Transportation Committee had not considered a crossing guard and suggested that this matter be returned to the Committee to ask the School Board to consider using a crossing guard during peak school hours. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously requested the Transportation Planning Committee to consider the use of a crossing guard at the intersection of 41st Street and 43rd Avenue in lieu of installing a traffic light. M BOOK 56 PaC� 163 v:. rR 7 19947 MA BOX 56 PACE38 f TRAFFIC SIGNAL SYNCHRONIZATION AGREEMENT, COUNTY ROAD 512 AT U.S.-#1 The Board reviewed the following memo dated 2/23/84: TO: The Honorable Members of DATE: February 23, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator James W. Davis, P.E..' Public Works Director FROM: Michael L. Orr, v Traffic -Engineer DESCRIPTION AND CONDITIONS SUBJECT: Traffic Signal Synchronization Agreement, County Road 512 at US 1 REFERENCES: Signalization of the subject intersecton requires synchronization between the traffic and railroad signals to enable US 1 to remain "green" while the railroad crossing is closed. An agreement be- tween Indian River County, the Florida Department of Transporta- tion and the Florida East Coast Railway is necessary to delineate construction and maintenance responsibilities for the traffic signal and synchronization equipment. Indian River County will be responsible for the maintenance of all parts of the traffic signal and synchronization equipment after installation by the Florida Department of Transportation during FY 84-85. ALTERNATIVES AND ANALYSIS A. Approve the tri -party agreement and authorize the Chairman to sign the same. B. Do not enter into the agreement. This will jeopardize instal- lation of the traffic signal. RECOMMENDATION AND FUNDING Alternative A is recommended since the agreement is essential to the installation of a traffic signal at US 1 and County Road 512. Funding for maintenance will be included in the annual budget for traffic signal maintenance (004-245-541-34.67). Commissioner Wodtke asked if there was money budgeted for maintenance and Public Works Director Jim Davis advised that maintenance was not specifically budgeted, but it could be absorbed in this year's budget. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the traffic signal synchronization agreement with the Florida® East Coast Railway Company, as recommended by staff, and authorized the Chairman's signature. SAID SYNCHRONIZATION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK 12TH STREET IMPROVEMENTS — INDIAN RIVER BLVD'. SOUTHERLY EXTENSION - SELECTION OF ENGINEERING CONSULTANT The Board reviewed the following memo dated 2/29/84: TO: The Honorable Mwbers of the DATE: February 29, 1984 F LE: Board of. County Commissioners THFtOU(M: Michael Wright, County Administrator SUBJECT: 12th Street Improvements - Indian River Boulevard Southerly Extension - Recommendation for Professional Engineering Consultant Selection FROM: James w. Davis, P.E., (j' REFERENCES: Public Works Director{ DESCRIPTION AND CONDITION The Selection Committee, comprised of the following members:. Jeff Barton Gary Brandenburg Jim Davis Mike Orr Terry Pinto net on February 28, 1984, after receiving formal presentations from three Engineering firms which were short listed from a group of five (5) fi.rins submitting proposals for the subject project. The Committee unanimously recommends the following prioritization to begin formal negotiation of a contract for services 1) Kimley-Horn and Associates, Inc. Offices in West Palm Beach, Fl. and Palm City, Fl. After receiving letters of interest, the firm indicated that Beindorf and Associates, Vero Beach, would provide surveying, field inspection, and design assistance. The offices of Beindorf and Associates would service aha local field office. 2) Lloyd and Associates, Inc., Vero Beach, Florida 3) Carter and Associates, Inc., Vero Beach, Florida in affiliation with Williams, Hatfield, and Stoner, Inc., Fort Lauderdale, Florida 87 7 X984 s6 Fac°5 MAR 7 1984 PACE RECOMP=ATIONS AND FUNDING The selection conTLittee recommends that the Board of County Conanissioners approve the above priorities and that the County Administrator, Coimty Attorney, and Public Works Director begin negotiating with the No. 1 firm, Kimley-Horn and Associates, Inc. for a contract for services, after which a recommendation to the Board of County Commissioners would be prepared. There are no funding considerations at this time. Administrator Wright explained that this process was the same as the one used in selecting the consulting engineer for the SR #60 waterline. Negotiations would begin with the #1 firm and if an agreement wasn't reached, proceed to the #2 firm, and, if necessary, continue with the #3 firm. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized the beginning of negotiations with the No. 1 firm,'Kimley-Horn and Associates, Inc., for a contract for services re the southerly extension of Indian River Blvd. to 12th Street, as recommended by staff. 16TH STREET TRAFFIC & PEDESTRIAN IMPROVEMENTS - CHANGE ORDER #1 The Board reviewed the following memo dated 2/29/84: W. TO: The Honorable Members of DATE: February 29, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator 1 --?FROM: James W. 7Davis, •P.E. Public Works Director DESCRIPTION AND CONDITIONS SUBJECT: 16th Street Traffic and PedestriF- Improvements - Change Orden No. 1 REFERENCES: To implement direction received during the February 22, 1984, meeting of the Board of County Commissioners, Lloyd and Associates, Inc. has prepared the attached Change Order No. 1. The work included in this change order is presented on page 3 of the change order. The contract amount will be increased by $61,433.34 and a 120 day time extension will be granted. ALTERNATIVES AND -ANALYSIS The changes being recommended will greatly improve drainage, traffic flow, and pedestrian movement at a minimum cost. RECOMMENDATIONS AND FUNDING Staff recommends approval of.Change Order No. 1 to Project.-. 8105 and requests authorization for the Chairman's signature. Funding to be from the Secondary Gas Tax fund. Balance as of February 28, 1984 is $4,506,312.00. Public Works Director Jim Davis explained that this was a summary of the changes presented at the last meeting. By deleting the exclusive left turn lanes in the 27th Avenue and 16th Street intersection, there would be a contract decrease in the amount of $43,257.03. That figure was not given at the last meeting, and it was discussed that if the fourth lane could be extended from Old Dixie Highway to 10th Avenue it would be recommended in another change order. Staff has costed that out and feel it can be done for less than $20,000, but that is not included in this change order. Director Davis reported that the DOT has awarded the contract for the 17th Street/U.S. #1 intersection, and it BOCA • MAR 7 1984 56 PACE 68 i has been determined that there will be no local agreement required to fund any shortfall. Administrator Wright advised that what the County saved by not having to fund the shortfall was just enough to pay for this change order, and the funds were put back in contingencies this morning. Director Davis reported that the County may still have $37,000 coming, which was budgeted in the DOT plan for a bike path. The County chose to go with a sidewalk instead because we could not acquire the right-of-way between 20th and 29th Avenues. Commissioner Wodtke asked if there was anyway we could approve.this change order with the 120 -day extension applying only to the additional portion that is to be done around.the high school. Director Davis did not believe the contractor would agree to that. Administrator Wright asked if staff could be allowed to work with the contractor and the engineer on an individual basis to accelerate the project. Chairman Scurlock also did not feel the 120 -day extension should be granted on the entire project when the extension theoretically is caused by the fact that there is going to be additional work on the parking lot at the high school. He agreed that the extension should be granted only for the parking lot at the high school. Commissioner Lyons recalled that we told everyone that the project was going to be done in a year's time. Director Davis explained that there are some other items in the change order for which the time extension has been requested, and they are located throughout the project. Commissioner Bird hopedthat the parking area by the high school could be finished by the time school starts in late August. W MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board approve Change Order #1 on the 16th Street Traffic and Pedestrian Improvements, as recommended by staff. Under discussion, Director Davis assured Commissioner Wodtke that the contractor and the engineer have agreed this is a justifiable time extension. Administrator Wright advised that staff will prepare a list of projected completion dates on the different phases of the project. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. SAID CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK PAY CLASSIFICATION ADJUSTMENTS The Board reviewed the following memo dated 2/23/84: TO: The Honorable Members of DATE: February 23, 1984 . FILE: the Board of County Commissioners SUBJECT: PAY CLASSIFICATION ADJUSTMENTS FROM: Michael Wright REFERENCES: County Administrator Although it has been only one year since the -Cody Pay Classi- fication Plan was adopted, there are two areas where -adjustments need to be made. 91 MAR 7 7994 BOOK 56 uu369 MAR 7 %994 B16K 56 PACE 379. Based on a more up-to-date comparison of Chief Water Plant Operator salaries in other counties, Indian River is significantly below other areas in terms of pay for this position. The median income for a similar position in other counties is $17,633, or $600 more than Indian River's maximum pay. Also, the salary survey is of plants that utilize more conventional water treatment methods and not the more sophisticated reverse osmosis treatment method. Elevating this pay grade from its existing level 14 to the proposed level 15 would allow the one effected person to receive a pay increase equal to that received by other County employees last fall. His salary is currently frozen. In attempting to recruit experienced planners for the unfilled positions in the Planning Department, the main obstacle the County has encountered is the lack of competitive salaries. The attached comparison shows the County's current pay range for Planners I and II to be consistently below the neighboring counties and our main competition. The County has advertised several times in state newspapers and trade journals. While there has been considerable interest in the positions, invariably that interest goes away when the salary range is discussed. The lack of adequate compensation is the pri- mary reason the County has been unable to fill the three positions that have been vacant since October. If the pay grades are increased to the recommended levels, it will be necessary to increase the salaries of two persons. The increase would total $21,750 annually. The persons to be -increased would be a Planner II and the re- classification of the Zoning Specialist to Planner II to coincide with his current duties and the increased responsibility of super- vising all code enforcement activity. The funds for these two salary increases are available in the Planning budget. RECOMMENDATION: Elevate the position of Chief Water Plant Operator to pay grade 15. Elevate the position of Planner I to pay grade 16 and elevate the position of Planner II to pay grade 19. Administrator Wright stressed the importance of upgrading the pay for planners, noting that department has been finding it extremely difficult to recruit because they are not competitive in salary. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board approve the following position upgrades: Chief Water Plant Operator to pay grade 15; Planner I to pay grade 16; and Planner II to pay grade 19. 92 Under discussion, Administrator Wright explained that it is going to cost 2x,% or less.of the water plant operator's salary, which is a pay raise he would have received last October had he not been frozen in grade, plus a total of $2,750 for the two planners. Commissioner Bird asked what the problem has been in filling the slot for an assistant county engineer, and wondered why this has not been brought up during the last few meetings. Administrator Wright said the problem was just that of money and agreed that the matter needs to be addressed, but he did not have a recommendation at this time. He advised that staff will be coming back to the Board very shortly on that matter. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. SCHEDULING OF WORKSHOP -- IMPACT OF PROPOSITION I Administrator Wright reported that staff is prepared to present the possible impacts of Proposition I and suggested that a workshop be held next Wednesday, March 14, at 1:30.p.m,. Commissioner Wodtke asked if the workshop would be open to the public, and Administrator'Wright advised that while the public is welcomed, the workshop would be mainly for the staff to present to the Board what might happen if Proposition I is passed. Public information hearings could be held at a later date. It was agreed that the workshop would be held on March 14, 1984 at 1:.30 p.m. in the Commission Chambers. SELECTION OF GOLF COURSE COMMITTEE Commissioner Bird presented the following list of individuals he is recommending for appointment to the Golf Course Feasibility Study Committee: 93 B®®x 56 FacE 371 MAR 7 1984 TO: Board of County- Commissioners ountyCommissioners FROM: Richard N. Bird Chairman HAROLD E. DJORUP, Ph. D. 1902 4th Avenue Vero Beach, Florida as 56 PAcF 37.? DATE: February 28, 1984 FILE: SUBJECT: Golf Course Committee REFERENCES: Extremely interested in seeing a public golf course in Indian River County. He was a Physical Instructor for 42 years. He holds a Bachelor Degree in Physical Education, and a Master's Degree in Health Education. He received his Doctorate in New York in 1943. Taught Physical Education (skiing, golf, tennis, etc.) and did health counseling and guidance counseling in New York. He has lived in Vero Beach for 3 years. Dr. Djorup is a member of the National Retired Teachers Association (NRTA) and a member of AARP. GERALD j. ASHCRAFT 7300 20th Street Lot 71 Vero Beach, Florida Mr. Ashcraft was employed by Owens Corning Fiberglass Corp. for 38 years as a Resident Sales Manager for the Evansville, Indiana sales area. He was a member of the Evansville Country Club, and served on the House & Golf Committee. He was a member of the Evansville Chamber of Commerce, and President of American Society of Heating and Air Conditioning Engineers. For the past 3 years he has scheduled tee times and calculated handicaps for the AARP Golf League. RICHARD SCHULER 2685 Whippoorwill Lane Vero Beach, Florida Mr. Schuler is present Co -Chairman of AARP Golf League consisting of over 270 members. He is Past President of the local chapter of AARP. He is also Past Director of City Loan and Savings Co. in Ohio. He finished employment with the parent company, Control Data Co. covering Ohio, Michigan, Pennsylvania and Indiana. Mr. Schuler has a back- ground of. 42 years in Financing. Ile was on the Administrative Board and Finance Commission of Christ Methodist Church. REMSEN WALKER 4105 Mockingbird Vero Beach, Florida Resident of Vero Beach for 5 years. He spent 40 years at Rockefeller Center. He built multi-million dollar projects in New York City. Mr. Walker was a member of the Golf Project Feasibility Committee in Westchester County. lie plays golf at Sebastian, and is a member of the Vero Beach Country Club. 94 RUTH MEAD 86 Crooked Tree Lane Apt. 106 Vero Beach, Florida Mrs. Mead came to Vero Beach 7 years ago from New Jersey, and now resides at Vista Royale. She played on a County Golf Team -in New Jersey, and was also a member of a private club in New York: .She is Club Delegate to a 4 -County League (Palm Beach, - St, Lucie, Martin andIndianRiver) which has a handicap requirement®of 16. She is a Club Delegate to Treasure Coast League comprised of'7 private clubs from Martin, St. Lucie and Indian River Counties, and a County --Club in Martin County. Handicap maximum for this Club is 30. She is a member of Upper East Coast League, and Historian of this League, which has a handicap maximum of 28. Mrs. Mead is a member of Florida Women's Senior Golf Assn (Reserve Group). She has chaired and introduced to Indian River County, the Elks PGA Mazda Tournament Benefit for Cancer Society. She has been President of Vista Royale Women's Golf Association, and in 1982 was a member of the Vista Royale Liaison Committee. She was a former member of the Sebastian Golf Course for a year. VIC W. LUNKA, President Harbour Side Development Corp. 1825 Mooring Line Drive Vero Beach, Florida Mr. Lunka designed, developed, built and sold Harbour Side Complex in the Moorings ($15,000,000 Condominium project). He was Chief Executive 0_ffic:efr of a contracting firm building hospitals, schools, state, county and city projects, development, site work contracts, etc. for 30 years. He spent 6 years on an Executive Board of a member -owned golf club as Secretary/Treasurer and Vice President, improving such things as extensive tree planting and landscaping, new watering system for entire course, rebuilding lakes and buildings, etc. at the Madison Country Club in northern Ohio. He served as Chairman of the Building -Committee in the planning of the building, and site work for the very attractive new Holy Cross Church on Iris Lane and AlA. RON FANARO, Esquire - P. 0. Box 2110 Vero Beach, Florida He is an attorney with Bernard Grall, P.A., law firm, and has been practicing law for 21-2 years. He has been a resident of Vero Beach since 1959. He attended the University of Florida undergraduate . school, and Florida State Law School. He has played golf since a very young boy. CLYDE W. (BUD) MORRISON John's Island 571 Sea. Oak Drive Vero Beach, Florida Mr. Morrison was a graduate Engineer from Northeastern University, Boston, Mass. He has been involved in golf nearly all of his life. He was Past President of.2 golf clubs in Massachusetts. He is a member of John's Island since 1971, and Chairman of the Golf Committee at John's Island for 4 years. He is a founding member of Bent Pines. CHARLES E. BLOCK 1995 39th Avenue Local Architect. Born and raised in Vero Beach, Florida. Has been a member of numerous Community Clubs and Committees. RECOMMENDATION - - t is my recommendation that the above 9 members be appointed to serve on the Golf Course Committee. 95 MAR 7 1984 d a .. 56 PacF 373 MAR 7 1984 Baas 56 PACE 374 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously appointed the above listed individuals to the Golf Course Feasibility Study Committee, as recommended. APPOINTMENT TO MOBILE HOME ADVISORY COMMITTEE The Board reviewed the following memo dated 2/28/84: TO: Board of County DATE: February 28, 1984 FILE: Commissioners SUBJECT: Vacancy on Mobile Home Advisory Committee FROM: Alice White REFERENCES: Secretary Attached is a resume received from Richard W. Baker, who is interested in serving on the Mobile Home Advisory Committee. We have a vacancy for a park resident on that Committee. Please advise if you would like to appoint Mr. Baker to the Mobile Home Advisory Committee, or if you would like to readvertise for applicants. Administrator Wright explained that this vacancy is due to the resignation by Jayne Malchow of Lakewood Village. Mr. Baker is a resident in Fairlahe Harbor. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously appointed Richard W. Baker 0 to the Mobile Home Advisory Board. FINANCE ADVISORY COMMITTEE REPORT Chairman Scurlock reported that the Committee had met Friday and considered various refunding alternatives, one of which was a verbal opinion from our bond counsel that we could draw on the reserves for approximately $180,000 in new money. Another alternative discussed was the refunding of both the junior and senior liens which would present cash in -hand of about $221,000 and future savings of another $200,000 plus, or about $465,000. The Committee's recommen- dation is to draw the $180,000 from escrow and to take no further action at this time. They will watch the market and come back to the Board with a recommendation at a later date. Administrator Wright asked if the Committee agreed to proceed with validation, and Chairman Scurlock reported that there was a difference of opinion on that particular issue; the most conservative approach is to validate. Administrator Wright explained that this was the money that was to be used for the 4th courtroom. The $180,000 in the escrow account is part of the $220,000 cash that we think we can receive by refinancing. He hoped the Board concurred with the recommendation to pull those.monies out of escrow at this time. Actually, the County has an over -funded reserve, and the County's bond counsel has advised that we could pull the monies out and invest them in accounts that can be used to build the 4th courtroom and pay off the debt on the Administration Building. Commissioner Wodtke asked about the status of the 4th courtroom, and Administrator Wright reported that it will be ready to go out for bids in the next few weeks, and that we are still looking at a budget of $300,000. Chairman Scurlock explained that the reason the Finance Advisory Committee chose the option of drawing out the escrow monies instead of going ahead with the refunding is that the difference in the actual cash in hand is minimal, and this still leaves us the option to refund both the junior and senior issues at a future time. 97. MAR 7 1984 Boat 56 Dmc[ 375 MAR 7 1984 61CA 56 PAcc37' ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized staff to do the necessary work to remove the over -funded escrow account on the junior and senior liens on the financing of the Administration Building. EMERGENCY MEDICAL SERVICES COMMITTEE REPORT Commissioner Lyons explained that this Committee had been formulated at the request of the Commission to answer questions on the matter of emergency services. While the Committee has served well in establishing better communiciation between the various emergency services, he felt that the Committee, as originally constituted, might have outlived its purpose. He is considering coming back to the Board with a proposal to cancel the original committee and appoint another committee, known just as the EMS Coordinating Committee and have that committee meet once quarterly, or more often if necessary, mainly to make sure that we maintain coordination between the various services and the hospital. Commissioner Lyons believed that he probably will recommend that the committee have one voting member from each service: Roseland Fire Dept. Sebastian Fire Dept., Sebastian Police Dept., the South County Fire Dept., Indian River Memorial Hospital, etc. He suggested that he chair the committee and have the authority to accept the credentials of the members so that if any changes in the membership occur, it would not have to be brought back to the Board for approval. M. AUTHORIZATION TO ATTEND CONFERENCE - FLORIDA GROWTH ISSUES OF THE 1980s ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board e unanimously authorized out -of -County travel for any Commissioners wishing to attend the conference on Florida Growth Issues of the 1980s on March 23, 1984 in Winter Park, Florida. APPLICATION FOR EROSION CONTROL ASSISTANCE PROGRAM GRANT FUNDS THROUGH DNR - GOLDEN SANDS PROPERTY Commissioner Bird reported that General Services Director Thomas has learned of the possibility of some additional grant money from the DNR that could be used to make some initial improvements to the Golden Sands property, so that it might be opened up to the public on a limited basis. Director Thomas explained that the County actually has about $30,000 left from the original grant, but the DNR requires that we refile the application because Golden Sands was not included in the original application. He reported that we were able to accomplish the first two jobs in the original application, the dune improvement and crossovers at Ambersand and Round Island Parks, and he felt we can probably put in two more crossovers at Golden Sands with the additional grant money. Director Thomas reported that staff is also working on the same program for next year for additional beach properties. Staff and the Parks &*Recreation Committee are also working with the State to come up with some innovative methods of raising enough funds to at least open a portion of Golden Sands to the public. 99 sQp 56 FAcF 377 LIAR 71984 56 MAR 7 1964 BOOK. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously authorized the inclusion of the Golden Sands Property in the Application for Erosion Control Assistance Program Grant Funds through the DNR. Commissioner Lyons reported that he has reviewed some statistics in regard to recreation impact fees that are collected throughout the country and noted that the average impact fee was $400 for a single family home. He felt that we need to develop a plan that will tie our requirements for capital expenditures to our increasing population. He heartily recommended that the Parks and Recreation Committee and staff get together and establish a long-range capital expenditures plan for all the County beachfront property that would tie in with population and consider the possibility of recreation impact fees. Commissioner Bird felt that issue might be an offspring of the committee he has recommended be established to look at the feasibility of a county -wide recreation program. Commissioner Lyons advised that impact fees can be used only for capital improvements, and not for maintenance and operation. DOCUMENTS TO BE MADE PART OF THE RECORD Interlocal Agreement between Indian River County, Florida, and Vero Beach, Florida, (for Annexation of South Beach) and Consent Form dated 3/22/84; having been duly ex- ecuted and received, is hereby made a part of the Minutes as approved at meeting of 2/29/$4; ALSO: Contract, Cash Deposit and Escrow Agreement, between Corporate Investment Company; Harbor Federal S/L Association; and Indian River County (Final Plat Approval of SEAGROVE WEST S/D) - having been duly executed and received is hereby made a part of the Minutes as approved at the meeting of 2/22/84. 10 BETWEEN INDIAN RIVER COUNTY TI WHEREAS, the City of Vero Beach is undergoing a pro- gram of obtaining the necessary consent from property owners to hold a referendum election on the question of annexing ascertain area of unincorporated Indian River County consisting of that part of the Barrier Island lying south of the current City limits to the St. Lucie County line, hereinafter referred to as "South Beach," and WHEREAS, Indian River County owns a parcel of property known as "Round Island Park" to which the County just added an. additional oceanfront parcel bought with funds produced by the Five Million Dollar General Obligation Beach Bonds, and WHEREAS, the County does not anticipate intensive development of the park for several years and desires to protect its ability to develop the park unhampered by possible future restrictions imposed by the City of Vero Beach, and WHEREAS, the City has requested the County to consent to the holding of an election to annex the park property, and WHEREAS, Indian River County is fearful that the annexation of the property into the City limits of Vero Beach and subsequent development of surrounding properties and the possible imposition of City Zoning regulations on the property might restrict the County's ability to effectively utilize this valuable asset for the benefit of all the residents of Indian River County. NOW, THEREFORE, the City of Vero Beach, a municipality organized and existing under the laws of the State of Florida, and Indian River County, a political subdivision of the State of Florida, agree as follows. 1. The Board of County Commissioners of Indian River County will authorize its Chairman to execute the consent form calling for a referendum on the question of the annexation of South Beach. MAR 7 1984 -1 eeo�c FAcF:0-I J LIAR 7 1994 s1OIX 56 PACEISO 2. The City of Vero Beach states as follows: a) The City recognizes that it shall have the continu- ing duty as a legislative body to adopt reasonable ordinances for the regulation of land within the City limits of Vero Beach; however, it is the intent and the representation of the City of Vero Beach to the County that County shall be allowed to develop Round Island Park in accordance with the needs of the residents of Indian River County as determined from time to time by the Board of County Commissioners of Indian River County. b) City agrees to inform all surrounding property owners near the park of this agreement and the County's intent to protect and preserve the park for future use by the residents of Indian River'County and that the County may develop the park in a manner consistent with the County's Park Master Plan which may include some intensive recreational uses, as such Master Plan is adopted and amended from time to time by the Board of County Commissioners. c) City acknowledges that Indian River County has already commenced the development of Round Island Park prior to the annexation and that the park is considered by the City to be a proper permanent use of the land in question and that the City shall plan its public improvements and capital improvement budget to enhance the use of this facility as a County park located within the City limits and shall never take any action to frus- trate the County's attempts at protecting and preserving this property for future park use or for the use of such property as a County park in the future. d) The City has reviewed the County's Master Plan for the park and has noted the specific uses on the plan and agrees that such plan and uses are compatible with the plans and uses the City anticipates for the South Beach development and shall strive to aid the County in the protection of the County's right to develop this park. Furthermore, the City shall employ its best planning efforts to minimize any conflicts between the use of Round Island Park as a recreational facility by the County and surrounding land uses. 3. This interlocal agreement is specifically entered into to induce Indian River County to consent to the holding of a referendum to annex the South Beach property. In the event Indian River County is prohibited from developing the park by virtue of restrictions imposed by the City of Vero Beach or in the -event the City of Vero Beach imposes restrictions that would prohibit the County in using the park for the uses set forth on the County's Master Plan or to the extent of the uses set forth on the County Master Plan, then County shall ask the State legislature to de -annex the property from the City of Vero Beach. In the event the County requests such de -annexation from the City of Vero Beach, the City shall support such de -annexation by the adoption of a City resolution requesting the legislature to de -annex the property having as an exhibit to the resolution this agreement. The City hereby waives any objections to such de -annexation on the ground that such de -annexation shall form an enclave. 4. In the event Indian River County shall ever have to resort to the judicial system to enforce its rights to develop Round Island Park pursuant to a Master Plan adopted by the Board. of County Commissioners, then this agreement shall be admissible in evidence as an indication of the City's representations and intent when inducing Indian River County to annex its park into the City and further as direct evidence that when balancing the interest of the two governmental agencies it is both governmental agencies' intent that Indian River County shall be allowed to develop Round Island Park in a manner consistent with the County's Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth next to their signatures. Date: February 29, 1984 1i• , „• A•. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: G .C,4 DON C. SCURLOCK, JR Chairman Attest: FREDA WRIGHT Clerk, Circuit C Irt -3- Boat 56 PACF 351 MAR Date: "I .1 « APPROVED ASJPO � 2:k. AND LEGAL OF C �ZX": By • ua'caavu.uav Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CHARLES P. VITUNAC, City Attorney Bea 5- PAcE 389 CI OF VE BEACH a,,,.By: Davi. Gregg Mayor Attest: 4 PHYL S NEUBE GER City Clerk March 22,1984 All County -owned property south of the City limits located on the barrier island extending to St: Lucie County. CONSENT FORM The undersigned owner(s) of land in the South Beach unincorporated area of Indian River County hereby consent to the holding of a referendum on a proposed annex- ation of this area into the City of Vero Beach. I understand that signing does not obligate me (us) in any manner to vote for or against this annexation. Z Signature ate ignature Date r- Harbor t...a .JI l►r� MAIN OFFICE: 100 SOUTH 249 Federal FORT PIERCE, FLORIDA 33454 SECOND STREET TELEPHONE: ( 005) 601 2414 CASH DEPOSIT AND ESCROW AGREEMENT DEVELOPER - CORPORATE INVESTMENT COMPANY BANK - HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION COUNTY - INDIAN RIVER THIS AGREEMENT is entered into this o? / day of f., , 1984, by and between CORPORATE INVESTMENT COMPANY, a Florida corporation, author- ized to do business in the State of Florida (Developer), HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION authorized to do business in the State of Florida (Bank), and INDIAN RIVER COUNTY, a political subdivision in the State of Florida (County): WITNESSETH: WHEREAS, Developer is effecting a subdivision of certain property with- in Indian River County and is required to provide surety supporting a contract with the County for the construction of certain required improvements related thereto; NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows; 1. The Developer has deposited in Bank the Sum of FIVE HUNDRED THREE THOUSAND ONE HUNDRED NINETY-ONE DOLLARS AND 24/100 --Y-------- ($503,191.24--), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by Bank., subject to the terms, conditions and covenants of this escrow agree- ment as assurance that Developer shall perform in all respects the obligations HARBOR FEDERAL SAVINGS & LOAN ASSOCIATION, FORT PIERCE, FLORIDA 105 sooK 56 Pw 83 LIAR 71984 MAR 71984 BQa 56 PRCf 384.. set forth in the aforementioned Contract for Required Improvements, which agree- ment is attached hereto and incorporated herein by reference (Contract). 2. Upon completion of any distinct or separable phase or improvements, or independent portion thereof, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developer's engineer describing the work completed, the actual cost thereof, the estimated cost of all remaining work which is secured by the escrow account, and that the work for which disbursement is requested has been completed in accordance with the most recent set of plans and specifi- cations approved and on file with the County. 3. The amount of any given disbursement shall not exceed eighty (80%) percent of the total cost of improvements certified as being completed under the preceding paragraph; i.e., twenty (20%) percent of the cost of each phase, improve- ment, or portion thereof, shall be retained in the escrow account until the final reduction, which shall occur only after issuance of --a Certificate of Completion in accordance with the County's Subdivision and Platting Ordinance. 4. Nothwithstanding the above disbursement limits, at no time shall the escrow account balance be reduced below an amount equal to one hundred fifteen (115%) percent of the most recent approved cost estimate of the remaining required improvements. 5. Within seven (7) working days after receipt of a disbursement request, the Public Works Director shall cause an inspection of the work for which payment is sought. If the Public Works Director is satisfied in all respects -2- 11FI with the work, the accompanying cost estimates and certifications, the Public Works Director shall place a recommendation on the next available County Commission agenda for approval of the disbursement. Approval of any disburse- ment shall be by resolution of the Board of County Commissioners, a certified copy of which shall then be delivered to the Bank. Upon receipt of the certified copy of said resolution, Bank shall make the disbursement described therein directly to Developer or to any third party or parties upon which Bank and Developer may otherwise agree. 6. Upon default by developer under the Contract, the County may elect to pursue any of the remedies made available therein. A11'funds remaining in the escrow account at the time default is declared by the County shall be avail- able for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Bank of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are necessary to complete the required improvements. All funds disbursed to County in excess of the final amount determinednecessary by the County to complete the required improvements shall be returned to Developer, its legal representatives, successors or assigns. 7. During the term of this escrow arrangement, any interest earned on the funds in the account may be redeposited in the account or paid elsewhere, at the option of the Developer. Interest which is redeposited in the account shall be considered as available to cover any deficiency resulting for which Developer may be liable, in the event of default and recourse by the County under the Contract. -3- 107 Mug �� MAR '7 194 MAR 7 1984 Ban 56 pw-386: I 8. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, sub- contractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. Neither the County nor the Bank shall be liable to any of the afore- mentioned parties for claims against the Developer or contractor relating to the required subdivision improvements. 9. This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the county. Any amendment, deletion, modifi- cation, extension, or revision hereof or hereto shall be :in wfiting, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by the Board of County Commissioners, as first stated above. Date: a/2 / �� CORPORAT INVESTMEN COMPANY By: A) Attest: -4- 108 (place c.orpor4e seal) W� • HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION Date: �6ru a.� ZoTitie (place corporate seal) BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 11 Date: February 22, 1984 By:_rman _ Don C. Scurlock,)Jr. Attest: - Freda Wright, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY oun y Attorney -5- (place County seal) 109 7BQ�J - 56 1984 MAR 7 1994 aoac 56 pnt.M CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. SD 80-16-229 THIS CONTRACT, made and entered into this 7th day of February, 1984, by and between CORPORATE INVESTMENT COMPANY, INC. under the laws of the State of Florida, hereinafter referred to as "Developer" and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County." W I T N E S S E T H WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as SEAGROVE WEST SUBDIVISION; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the partiesee as follows; within C 1. Developer agrees to construct/one year after platting, in, a good and workmanlike manner, those improvements described as follows; roads, storm drainage, and sewer collection or otherwise required by the Code of Laws and Ordinances of Indian River County in connection with the approval of said plat. A.copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an executed cash deposit and escrow agreement, in a form to be approved by the County, between Developer and HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION, a banking institution authorized to transact such business in this state, as the escrow agent, in the amount of $503,191.24, which amount is not less than one hundred and fifteen (115%) percent of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the escrow deposit shall remain available to the County and shall not be reduced during the course of construction, except in accordance with the procedures set forth in the escrow agreement. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Up to the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. S. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at such time as the improvements are satisfactorily completed. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Developer, as principal, and the guarantee or surety up to the escrow amount, shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. _ 7. The parties agree that the County at its option shall have the right to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required. improvements in the event Developer shall fail or refuse to do so in accordance with the terms of the contract. Developer expressly agrees that the County may demand and draw upon said surety for the final total cost thereof, to the limits of the surety. Developer shall remain wholly liable for any resulting deficiency, should the surety be exhausted prior to completion of the required improvements. 8. Any guarantee or surety provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. 111 MAR 7 1984 Book 56 PAC. E369 r 1984 Bcox ` PACE a I 1• - f IN WITNESS WHEREOF, the parties hereto have set their hands/ and seals on the day and year first above written. `, Attest: _,Q 'et APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Cour4ty Attorney i CORPORATE INVESTMENT COMPANY Develo er By:084!1„4 -(Title) (Affix Corporate Seal)' INDIAN RIVER COUNTY, FLORIDA-` By: e4 DON C. SCURL CK, JR., C 'rman Board of County Commissioners Attest: ✓•��-e'cI-P)h A Freda Wrig t, Cle• c There being no further business on Motion made, seconded and carried, the Board adjourned at 3:30 o'clock P.M. ATTEST: Clerk 112 oe Chairman