HomeMy WebLinkAbout5/16/1984FhO
Wednesday, May 16, 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, May 16, 1984, at 9:00 o'clock A.M. Present
were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice
Chairman; Richard N. Bird; and William C. Wodtke, Jr.
Absent was Margaret C. Bowman due to -illness. Also present
were Michael J. Wright, County Administrator; L. S. "Tommy"
Thomas, Intergovernmental Director; Gary Brandenburg,
Attorney to the Board of County Commissioners; and Virginia
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Commis-
sioner Lyons led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Attorney Brandenburg reported that a Master Agreement
for professional services with Carter Associates, Inc., and
William, Hatfield & Stoner, Inc., has been prepared and is
ready to bc--executed by the Board. It has been executed by
the Engineers. He suggested that the Board add the Master
Agreement to today's agenda and also authorization for staff
to work on the first work addendum under said agreement.
ON MOTION BY Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) added the above emergency item to the
Agenda as requested by the Attorney.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of April
18, 1984. There were none.
MAY 16 1984
B00)( �' PAGE 01
MAY 16 1984
BOOK -5-7 PAGE 02
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously (4-0)
approved the Minutes of the Regular Meeting of
4/18/84 as written.
CLERK TO THE BOARD
A. New Pistol Permit Applications
The Board reviewed the following memo:
TO: The Honorable Members of DATE: May 1, 1984 FILE: !s
the Board of County Commissioners
SUBJECT: PISTOL PERMITS - NEW
FROM: Michael Wright REFERENCES:
County Administrator
The following individuals have applied for new pistol
permits:
David K. Brower
Marvin C. Frossard
Carmine D. Gigliotti
Robert A. Eck
Donald K. Hawkins
All requirements of Ordinance 82-27 have been met and
are in order.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the applications for permit to carry
a concealed weapon for the following:
David K. Brower
Marvin C. Frossard
Carmine D. Gigliotti
Robert A. Eck
Donald K. Hawkins
2
B. Renewal Pistol Permit
The Board reviewed the following memo:
TO: The Honorable Members of DATE: May 1, 1984 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMIT - RENEWAL
FROM: Michael Wright REFERENCES:
County Administrator
The following individual has applied for a pistol permit
renewal:
Michael A. Hosford
All requirements of Ordinance 82-27 have been met and are
in order.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the renewal application for a permit
to carry a concealed weapon for Michael A.
Hosford.
C. Placed on File in the Office of the Clerk
The following documents were received and place on file
in the Office of the Clerk:
1. Annual Financial Report of Fellsmere Water Control
District.
2. Fiscal Year Audit, 1982-83 of Fellsmere Water ,
Control District.
CONSENT AGENDA
Commissioner Wodtke requested that Items C, M and N, be
removed from the Consent Agenda for discussion, and Chairman
Scurlock requested that Items A and K be removed also.
MAY 16.1984
3
BOOK '57 PAGE Q_3
MAY 16 1984 BOOK
B. Budget Amendment - Litter Officers Operations
The Board reviewed staff memo, as follows:
-57 PACE 04
TO: Board of County Commissioners DATE: April 12, 1984 FILE:
SUBJECT: Litter Offi cer''s Operations
FROM: Jeffrey K, Barton, REFERENCES:
Management and Budget Director
The following budget amendment is Landfill's payment to Code Enforcement to handle
the Litter Officer's operations:
Account Title
Transfers Out
Other Professional Services
Transfer In
Regular Salaries
Social Security
Retirement
Ins. -Life &Health
Work. Comp.
Account No. Increase
411-Z17-534-99.21 .10,000
411-217-534-33.19
004000-381-20.00 10,000
004-207534-11.12 7,000
004-207534-12.1.1 490
004-207,534-12.12 765
004207=534-1.2.13 1,082
004-207534-12.14 663
Decrease
10,000
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the above Budget Amendment.
D. Budget Amendment - Unemployment Compensation
The Board reviewed memo of the OMB Director, as
follows:
4
I
TO: Board of County Commissioners DATE: May 3, 1984 FILE:
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Unemployment Compensation
REFERENCES:
The following is the budget amendment needed to pay the unemployment
compensation for the quarter ending March 31, 1984 per the attached
invoice
Account Title Account No. Increase Decrease
Unemployment Comp. 004-204-515-12.15 1,800
Unemployment Comp. 004-244-541-12.15 912
Reserve for Conting. 004-199-513-99.91 2,712
Balance in Reserve 4/30/84
$220,600
STATE OF FLORIDA
SRM UCT29
9/83) DEPARTMENT OF LABOR & EMPLOYMENT SECURITY
DIVISION OF UNEMPLOYMENT COMPENSATION
BUREAU OF TAX
TALLAHASSEE, FLORIDA 32301
$IMBURSEMENT INVOICE
THIS IS A STATEMENT OF CHARGES TO YOUR ACCOUNT BECAUSE OF UNEMPLOYMENT
COMPENSATION PAYMENTS TO YOUR FORMER EMPLOYEES.
INDIAN RIVER COL!NTY BOARD CF
COUNTY CCMMISSICNERS
C/O FINANCE OFFICER
PO ECX 1028
VERO BEACH FL 32960
ACCOUNT NO.
976037 7
DATE
QUARTER ENDING
NAR 31 + 1984
MAY O1 s 1984
THE TOTAL AMOUNT DUE MUST BE PAID
WITHIN 30 DAYS OF THE ABOVE DATE.
LOCATION CODE AS SHOWN ON DETERMINATION NOTICE TO BASE PERIOD EMPLOYER OF VALID CLAIM FILED,
LES FORM UCB-12R '
MAY 16 1984
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the above Budget Amendment.
5
BOOK 5 PAGE 05
CLAIMANT'S NAME
SOC. SEC. NO.
EXPIRATION
DATE
OF CLAIM
NO. WEEKS
OF BENEFITS
PD. IN QTR.
CHARGES TO YOUR
ACCOUNT
PATRICK 8 KING
257-86-0372
12/17/84
12
1 +80C• 00
CHARLES w SULTZMAN
525-96-6338
1 2/24/84
10
9110!0
,l
MAKE CHECK PAYABLE TO:
s
1•'�G
- FLORIDA UNEMPLOYMENT COMPENSATION FUND TOTAL AMOUNT DUE
+71
RETURN ONE COPY WITH YOUR REMITTANCE
MAY 16 1984
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the above Budget Amendment.
5
BOOK 5 PAGE 05
MAY 16
1984
Book
57 fAcE
E. Approval Petitions
for Admission to A.G.Holley
State
Hospital
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
granted retroactive approval of the Petitions
for admission to A.G.Holley State Hospital for
Andrew Bush and James Gomillion.
F. Sec. 8 Existing Housing Rental Assist. Program - Annual
Contributions
The Board reviewed the following memo of the Executive
Director of the Housing Authority:
TO: Board of County ,a DATE: May 1, 1984 FILE:
Commissioners
THRU: Mike Wright
County Administrator
SUBJECT: Section 8 Existing Housing
Rental Assistance Program
Annual Contributions FY 84
Revision 1.
FROM: Edward J. gan REFERENCES:
Executive Director
IRC Housing Authority
The Board of County Commissioners authorized the submission
of Forms 52672 (.Estimate of Required Annual Contribution) and
52673 (Estimate of Total Required Annual Contributions) to HUD
on 7/6/83 as required by our Annual Contributions Contract A-3409..
The requisition and approval of these funds covered our Section 8
Housing Assistance Program for FY 1984.
On November 2, 1983, the Fair Market Rents: were increased
but for the purpose of computing administrative fees were made
.retro -active to March 29, 1983. It is for this reason that we
are requesting the Board to approve a revision to the HUD forms
as stated above. The revision increases the administrative fee
line item to accommodate the increased fees earned due to the
revised fair market rents.
I respectfully request the Board of County Commissioners'
concurrence in the execution of Forms 52672 and 52673 by the
Chairman.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the submission of Forms 52672' and
52673 to HUD and authorized the signature of
the Chairman.
7
MAY 16 1984 Boas :5.7 PAGE 07
BOOK 57 PAGE 08 �..I
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PROJECT NUMBER (3-11)
SECTION 8—HOUSING ASSISTANCE PAYMENTS PROGRAM
®— 1 2 - O 1 & 002
ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS
TYPE OF LEASING METHOD (Check one) (12)
1. 0 New Construction
2. Rehabilitation
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY:
Indian River County Board of County Commissioners
3. ( Existing
1840 25th St., Suite S-319
Vero Beach, Fla. 32960
FY ENDING 19X 84 (13)
(14) 1. =March 31
2. = June 30
3. ® September 30
4. December 31
HUD FIELD OFFICE:
U.S. Dept. of HUD
NUMBER OF DWELLING UNITS (15-18)
325 W. Adams St.,
190
NUMBER OF UNIT MONTHS 119-24)
Jacksonville, Fla. 32202
2206
SUBMISSION (25)
Q Original Revision
HUD REGIONAL OFFICE:
J.S. Department of HUD
Richard B. Russell Federal Bldg.
Revision Number -1_
AC CONTRACT NUMBER
5 Spring St., S.W.
Ntlanta.. 30303
A-3409
(26)
APPROVED
REQUESTED AMOUNT
ESTIMATE OF
LINE
REQUIR ED
ANNUAL
PER PMA
HUD
UMBER
ITEM DESCRIPTION
CONTRIBUTIONS
MODIFICATIONS
(Column 1)
(Column 2)
(Column 3)
(27-281
(29-38)
(39-48)
(49-58)
MAXIMUM ANNUAL CONTRIBUTION
'::• �: '.:
440 316
1•
Maximum Annual Contribution Authorized
02.
$oRata Maximum Annual Contributions Applicable to o Period of Less than 12'%
Months
0
03,
Maximum Annual Contributions for Fiscal Year (Line 01 plus 02)
440,316
Project Account -Balance at End of Current Fiscal Year—Estimated or Actual
04.
536 733
(Balance Previous Fiscal Year $ r )
�'•'� �'�'�' '
;:;'•% '..:%%:'% :�.•
;%��;%'•%'%
A :•...:ti :� •.... .
536r73
r
05. Total Annuol Contributions Available—Estimated or Actual (Lin '03 plus Line 04)
977.049
ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS
(Housing Assistance and Administration)
460 660
460,660
06. Housing Assistance Payments—Form HUD -52672, Part I, Line 10
07. Administrative Fee—Form HUD -52672, Part Line 03
66 754
08. Independent Public Accountant Audit Costs
2 500
2,500
INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS
(Preliminary Costs)
0
0
09. Prel,neiminary Administrative Expense—Prior to ACC—Form HUD -52671, Part IA,
10. Preliminary Administrative Expense—After ACC—Form HUD -52671, Part IB,
Line 280.
0
0
I1. Nonexpendable Equipment—Form HUD -52671, Part II, Line 350
12. Total Annual Contributions Required—Requested Year
13. Deficit at End of Current Year—Estimated or Actual
14. Total Annual Contributions Required
15. Excess Project Account Balance at End of Requested Fiscal Year (Line 05,
�';•'%:: �; �,�%
447 135
Column 2 minus Line 14 Column 2)
f•:titi' . /:
r
16. Provision for Project Account—Requested Fiscal Y ear—Increas e (Decrease) (Line 15�����';:
(89,598)
9' S9 8�
minus Line 04)
•: ;: .,
''�:'::"::;• :•'•
ANNUAL CONTRIBUTIONS
529 914
17.
Total Annual Contributions Approved—Requested Fiscal Year (Line 14. Column 2
lu ncreas an Line 6
•:•;•: �;�: :;y :
r
Source of Total Annual Contributions Approved—Requested Fiscal Year:
l8.
(a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or
•:;;:;:;:
440,31
Line 17, whichever is lesser)
�';;'�:;'
89,598
(b) Project Account (Line 17 minus Line 18(a))
NAME AND TITLE OF PHA APPROVING OFFICIAL
SIGNATURE
DATE
Don C. Scurlock, Jr. Chairman
Board of County Commissioners
May 16, 1994
Indian River County, Florida
NAME AND TITLE OF HUD FIELD OFFICE
SIGNATURE
DATE
APPROVING OFFICIAL
8
'revious Edition is Obsolete HUD -62672 (12.77)
_. MAY �. 1984 � BOOK 57 PACE 09
PROJECT NUMBER (3-11)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
LF1 � — E 1 —= 1 & 002
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
TYPE OF LEASING METHOD 12)
ESTIMATE OF
(Cheek one)
New Construction 1 C::]
REQUIRED ANNUAL CONTRIBUTIONS
Rehabilitation 20
Existing 3F%
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY
FY ENDING (13) 192; 84
Indian
River County Board of County Commissioner
(l ) (Check one)
1840
25th St. , Suite S-319
Mar 31 1 [- Sep 30 3Rj
Vero
Beach, Fla. 32960
Jun 30 2Dec 31 4[]
NUMBER OF DWELLING UNITS 15-18)
190
HUD FIELD OFFICE
HUD REGIONAL OFFICE
U.S. Dept. of HUD
U.S. Dept. of HUD
325 W.
Adams St.,
Richard B. Russell
NUMBER OF UNIT MONTHS 19-24
Jacksonville, Fla.
Fed. Bldg.,
2202
75 Spring St&, S.W.
2206 -
Atlanta, Ga. 30303
AC CONTRACT
NUMBER
SUBMISSION (25)
Original K] Revision
A-3409
Revision No. l
PART I — ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (26)
(27-28)
(29)
(30-33)
(34-36)
(39-43)
(44.48)
(49-54)
(55-64)
LINEDWELLfNG
SIZE OF
NO. OF
MONTHLY
AMOUNT
PAYABLE
MONTHLY
HOUSING
UNIT
MONTHS
ANNUAL
HOUSING
NO.
DWELLING
GROSS
BY FAMILY
ASSISTANCE
UNDER
ASSISTANCE
UNITS
UNITS
RENT
TOWARD
PAYMENTS
LEASE
PAYMENTS
GROSS
(1)
(2)
(3)
(5)
(6)
(7)
01
0
22
190
83
107
264
28,248
02
1
63
238
68
170
756
128,520
03
2
70
347
85
262
806
211,172
04
3
30
313
78
2 15
320
75,200
05
4
5
369
77
292
60
17 520
106
07
08
09
10
TOTAL 190
2,206 460,660
PART 2 - CALCULATION OF ADMINISTRATIVE FEE (26)
(27-28)
(29-34) (35-39
(40-44)
(45-54)
LINE
HUD -APPROVED 2 -BR
ALLOWABLE
ADMINISTRATIVE
NO.
BASIS
UNITMONTHS FAIR MARKET RENT
PERCENT
FEE
(1) (2)
(3)
(4)
01
PER-
CENT
2,206 356
.085
66,754
yy, •��... �'�i ��'
15.0 ` :;., '�?;��'•i' '. '`Ni::�
VL
:•�:V,r ., .";,,y,,�: i•.. w:i;.' ♦
gg «.: .♦,.>;^:vr:<:<:>K♦....•}
:., :\.:
34, 200
03
66,754
'revious Edition is Obsolete HUD -62672 (12.77)
_. MAY �. 1984 � BOOK 57 PACE 09
BOOK. PAGE 10
MAY 16 1994
G. Requisition 4th Quarterly Payment - Sec. 8 Existing
Housing Rental Assist. Program
The Board reviewed the following memo:
TO: Board of County DATE: May 1, 1984 FILE:
Commissioners
THRU: Michael Wright
County Administrator SUBJECT: Requisition for the Fourth
Quarterly Payment FY 1984 of
Annual Contributions Contract -
Section 8 Existing Housing
Rental Assistance Program
FROM: Edward J. , ;egan� REFERENCES:
Executive'Director
IRC Housing Authority
It is recommended that the data herein presented be given
formal consideration by the County Commission.
In order to requisition funds -quarterly from the U.S. De-
partment of Housing and Urban Development to operate our Section
8 Housing Assistance Program, we are required to submit four (4)
executed copies of HUD Form 52663. This is consistent with our
Annual Contributions Contract entered into on December 30, 1978
and as amended August 3, 1982.
I respectfully request the Board of County Commissioners
authorize the Chairman to execute the four copies of HUD Form
52663 for the Fourth Quarterly payment.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the submission of Form 52663 to HUD
and authorized the signature of the Chairman.
10
• U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HUD USE ONLY
REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS
HOUSING ASSISTANCE PAYMENTS PROGRAM Voucher Number
SECTION 23 SECTION B
Data of Requisition 5/l/84 Fiscal Year Ending Date 9/30/84 For Quarter Ending 9/30/84
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (Including Zip Code)
Indian River County Board of County Commissioners
ACC ConA-3409
Numb — —
Project Number FL
1840 25th St. Suite S-319 Vero Beach Fla. 3296
No.ofMonthsinFiscalYear 12
Type of Project'.
DEPOSITARY BANK (Name, Address and Account Number)
First Bankers of Indian River County
Vero Beach, Fla. 32960 Acct. #98-04000-1
UEXISTING 0NEW REHAB.
IL Number of Units Under Leese to Ellgible Families as of Date of Requisition 168
b. Estimated Number of Units to be under Lease at End of Requested Quarter 190
c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 169
DESCRIPTION
ESTIMATE OF
REQUIRED
ANNUAL
CONTRIBUTIONS
TOTAL COST
INCURRED
TO DATE
ESTIMATED -
ADDITIONAL
COST TO END
OF REQUESTED
QUARTER
CUMULATIVE
TOTAL
FUNDS
REQUIRED
(1)
(2)
(3)
(4)
(5)
PRELIMINARY ADMINISTRATIVE EXPENSE
1. Preliminary Administrative Expense—Prior to ACC (Account 4010)
0
n_
0
D
2. Preliminary Administrative Expense—After ACC (Account 4012)
0
3. Total Preliminary Administrative Expense (Lures! & 2)
NONEXPENDABLE EQUIPMENT
4. Replacement of Nonexpendable Equipment (Account 7520)
0
5. Property Betterments and Additions (Account 7540)
0
0
0
0
0
S. Total Nonexpendable Equipment (Lines 4 & S)
HOUSING ASSISTANCE PAYMENTS
7. Housing Assistance Payments (Account 4715)
460,660
224 13
128.440
352,570
ADMINISTRATIVE FEE
B. Total Administrative Fee Apprwmd for Fiscal Year
66,754
8. Monthly Rete of Administrative Fee (Line 8 divided by number of months
In Ascd year)
5,563,
10. Amount Previously Requisitioned for fiscal year
44,478
22,276
11. Estimated Additional Amount Required to end of Requested Quarter
66,754
12. Total Administrative Fee (Lines 10 & 11)
INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only)
13. Total Independent Public Accountant Audit Costs
2,500
900
SECURITY AND UTILITY DEPOSITS (Section 23 only)
14. Total Allowance Approved for Security and Utility Deposits
0
15. Amount Previously Requisitioned for Fiscal Year
0
16. Estimated Additional Amount Required to End of Requested Quarter
0
17. TotalSecurity and Utility Deposits (Lines 15 alt 16)
0
AMOUNT OF THIS REQUISITION
X
18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7. 1Z
13d 17)
420,224
310,535-
0r20.
19. Total Partial Payments Received for Fiscal Year to Date
109,b89
20.Partial Payment Requested (Line 18 minus Line 19)
1ST
INSTALLMENT
2NO
INSTALLMENT
3RD
INSTALLMENT
TOTAL
METHOD OF PAYMENT
21. Requested Installment Payments
36,561,
a6,563
36,563
109 689
1 CERTIFY that housing astlstance payments have toren or will be made only with tupect to units which: (1) are under lame by Families at the time such
housing arsdetaw-a payments are made except an otherwise provided in the Housing Assistance Pa{manto Contracts and (2) the Housing Agency has within
one yea prior to the making of such housing assistance payments, adequately inspected or caussd to be inspected (Including inspection of grounds, facilities.
and areas for the benefit and use of the Families) to samrre that decent, safe and sanitary housing accommodations are being provided; that all applicable pro-
visions of the above numbered Contract haw baso complied with by the Housing Agency; and that this requisition for annual contributions has been ere:n-
b»d by the and to the best of mar knowledge and belief it is true, correct and complete.
O erne o yb)Ic H sing Ag¢
(D te) (Signature and 7ftle of Official A oriz to Certify)
HUD FIELD OFFICE APPROVAL
(3igrrature and Title of Official Authorlaed to Approue)
11
(Date)
M 1984
BOOK 5.7 PAGE .
MAY 16 1984 Book 57 FAU
f
H. Rejection of Bids - Water Main Extension - S. Gifford R.
& 43rd Ave.
The Board reviewed memo of Public Works Director Davis:
TO: The Honorable Members of DATE: May 7, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright
County Administrator
I
SUBJECT: Rejection of Bids - Iian River
County Water Main Ext nsion to
Road and Bridge Department and
Intersection Improvements at
South Gifford Road and 43rd Avenue
G
r
FROM: James W. Davis, P . E. "REFERENCES:
Public Works Directo
DESCRIPTION AND CONDITIONS
The Public Works Division received bids on the subject project
on April 11, 1984. The following is a summary
Engineering Dept. Estimate Dickerson, Inc. Ft. Pierce
Contracting Corp.
Water Main $49,245 $72,363.15 $67,149.15
Intersection Imp. $55,316 $105,836.40 $106,500.00
ALTERNATIVES AND ANALYSIS
The above bids received were substantially above the Engineering
estimate.
RECOMMENDATIONS
Staff recommends that
1) The Water Main Extension to serve the Road and Bridge
Dept., Humane Society, and County Jail site be rebid.
2) The Road and Bridge Department perform the paving and
intersection improvements with County forces. This work
will be performed after substantial right-of-way acquisition
takes place.
3) The Board of County Commissioners not award the bids received
April 11, 1984.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
agreed not to award the bids received April 11,
1984, on the water main extension to serve the
Road & Bridge Dept., Humane Society and County
Jail, but to rebid same; the Road and Bridge
Department to perform the paving and intersection
improvements as recommended by staff.
12
I. One Year Extension of House Relocation -__Cyril Shock
The Board reviewed memo of Code Enforcement Officer
Davis, as follows:
TO: The Honorable Members DATE: April 17, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
l
Robert M. Keatin , P670P
Planning & Development Director
EXTENSION OF 1 YEAR -IME
LIMIT FOR CYRIL SCHO
HOUSE RELOCATION ?809.
130TH STREET ROSELAND,
FLORIDA
FROlV1et�v`' REFERENCES: Req/Samson
Code Enforcement Officer DIS:CDENF
--It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on May 16, 1984.
DESCRIPTION AND CONDITIONS:
On January 14, 1983, the County Zoning.Department approved the
house relocation site plan and bond, submitted by Cyril Schock,
to relocate and bring into compliance with the Standard Build-
ing Code and all applicable zoning regulations a 1400 square
foot residential building at 5570 59th Terrace. AT that time,
the applicant tendered to Indian River County a cash bond of
$3,500. A one year time limit for completion of the project
was a condition of the approval, with forfeiture of the bond
possible if the project was not completed in the required time
frame.
Due to numerous financial and personal setbacks within the last
year, Mr. and Mrs. Schock were unable to complete the house
relocation prior to the expiration of the 1 year time limit,
and they are now requesting a 1 year extension to the required
1 year time limit as referenced in Section 25(n)(2) of the
County's Zoning Code, which reads as follows.
The purpose of the bond or other security is to guarantee
compliance in full within one year with the applicable
requirements of the Southern Standard Building Code and of
these Zoning Ordinances and to restore any public or
private property damaged while the building or structure
is being moved. Failure to fully comply within one year
as above stated, will result in forfeiture of the bond to
the Board of County Commissioners of Indian River County,
Florida. --
ANALYSIS:
On April 4, 1984, the County Planning and Development Division
received a letter from Mr. Cyril Schock requesting a I- year
extension to the required 1 year time limit for completion of
the house relocation. Mr. Schock advised the staff that he had
intended to have the project completed by the required date.
However, due to personnel health and financial setbacks, the
project was delayed.
13
BOOK .I FACE 13
MAY 16 N84 BOOK .57 `,PAGE 14
The residence is presently 25% complete, and the applicants
feel that the job can be completed by January 14, 1985, if a;l
year extension of time is allowed. 1'
RECOMMENDATION:
Staff recommends that the Board of County Commissioners -grant
to the applicants an extension of 1 year to the required 1 year
time period for completion of all work associated with moving
of a structure as. stated in Section 25(n)(2).
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
granted Cyril Shock a one year extension for
completion of his house relocation as above.
J. Extension House Relocation Time Period - Samson/Martin
The Board reviewed memo of Code Enforcement Officer.,
Davis, as follows:
TO: The Honorable Members DATE: April 17, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: EXTENSION OF 1 YEAR TIME
LIMIT FOR DELORIS SAMSON
SUBJECT: HOUSE RELOCATION
8095 130TH STREET
%w ROSELAND, FLORIDA
Robert M. Keati g, CP _-
Planning & Development Director
FROM: Betty Davis REFERENCES: Request/Samson
Code Enforcement DIS:CDENF
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on May 16, 1984.
DESCRIPTION AND CONDITIONS:
On November 22, 1982, the County Zoning Department approved the
house relocation site plan and bond, submitted by Deloris
Samson, to relocate and bring into compliance with the Standard
Building Code and all applicable zoning regulations an 868
square foot residential building at 8095 130th Street. A one
year time limit for completion of the project was a condition
of the approval, with forfeiture of the bond possible if the
project was not completed in the required time frame.
On May 25, 1983, Ms., Samson sold the subject property, Lots 1ns
and 2, Block 21, Towites of Roseland, to Mr. Frank L. Martin
14
and Lola V. Martin. At the time of purchase, the present
owners were not aware that the house relocation had to be
completed by November 22, 1983, the expiration of the 1 year
time limit. In December of 1983, Mr. and Mrs. Martin requested
and were granted a 4 month extension to the required 1 year
time limit. On March 12, 1984, the applicants, requested an
additional 60 day extension to the required 1 year time, limit
referenced in Section 25 (n)(2) of the County's Zoning Code,.
which reads as follows:
The purpose of the bond or other security is to guarantee
compliance in full within one year with the applicable
requirements of the Southern Standard Building Code and of
these Zoning Ordinances and to restore any public—or
private property damaged while the building or structure
is being moved. Failure to fully comply within one year
as above stated, will result in forfeiture of the bond to
the Board of County Commissioners of Indian River County,
Florida.
ANALYSIS:
On November 18, 1983 the County Planning and Development
Department received a 1 year renewal of the $8,000 Samson house
relocation bond. After discussion with Mrs. Martin, the staff
was advised that the applicants had intended to have the
project completed by the revised completion date of March 22,
1984. However, due to illness in the family, the project was
delayed. There has been a continuation certificate issued on
the subject bond which is effective through November 22, 1984.
The residence is presently 75% complete, and the appli ants
feel that the job can be completed by June 4, 1984, if a 6 day
extension is allowed. The staff feels that mitia ting
circumstances exist, particularly the illness of the applicant,
to warrant extension of the time period specified for
completion. _
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
to the applicants an additional extension of 60 days to the
previously granted 4 month extension to the required 1 year
time period for completion of all work associated with moving
of a structure as stated in Section 25(n)(2).
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
granted Frank and Lola Martin an additional
60 day extension to the previously granted
4 month extension for house relocation as
described above.
15
MAY 16 41984 BOOK 5.7 PAGE 15
"1
Boo 57 PAGE 16
L. Declare Citrus Trees on Jail Site Surplus property
The Board reviewed memo of the Purchasing Manager, as
follows:
TO: The Honorable Members of DATE: May 4, 1984 FILE:
the Board of County Commissioners
THRU: Michael ht
County A mi istrator
FROM: Carolyn Goodrich, Mgr.
Purchasing Department
SUBJECT: SURPLUS PROPERTY
REFERENCES:
1. Description and Conditions
Located on the County owned property for the new jail are
approximately 188 citrus trees. There has been outside
interest expressed in purchasing these trees. The majority
of the trees would otherwise be destroyed when construction
of the new jail begins.
2.. Alternatives and Analysis
The citrus trees must be declared surplus property so they
may be sold to the best bidder.
3. Recommendation and Funding
Staff recommends that the citrus trees in the planned con-
struction area on the jail site be declared as surplus, so
they may be sold to the best bidder. Trees not in the -con-
struction will be preserved whenever practical.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
declared the citrus trees on the County Jail
Site property surplus and authorized their
sale to the best bidder.
O. Protection of Demolition Lien - Viola Young
The Board reviewed staff memo, as follows:
16
TO: Board of Co. Commissioners DATE: May 9, 1984 FILE:
THROUGH: Michael Wright
County Administrator
SUBJECT: protection of demolition
lien filed by Indian -
River County July 16,
1981
• FROM: To y. Tho
Intergov rnmental Co dzna oRENCES:
A demolition lien was filed on Lot 3, Block 6, Spruce Park
Subdivision, Gifford on the above date in the amount of
$1,498.64. Tax certificates totaling $539.93 have first claim
against this property. The Tax Assessor advises us that the
property is worth approximately $1,800. Once the tax
certificates are paid, we should be able to sell this property
and recoup some of the lien money.
This is a request to bid on this property, not to exceed $1,000.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized staff to bid on Lot 3, Block 6,
Spruce Park Subdivision, not to exceed $1,000
as recommended in the above memo.
A. Budget Amendment - Legal Counsel
The Board reviewed memo,of OMB Director Barton, as
follows:
17
MAY 16 1984 BOOK 57 PAcE 17
BOOK 57 PAGE 18
TO: Board of County Commissioners DATE: April 1 30, 1984 FILE:
SUBJECT: Legal Counsel
FROM:Jeffrey K. Barton, REFERENCES:
OMB Director
The following budget amendment is to correctly allocate the funds to hire
the services of J. David Richeson, per the approval at the February 1, 1984
meeting:
Account Title Account No, Increase 'Decrease
Other Prof. Services 001-203-513-33.19 7,500
Reserve for Contingency 001-199-513-99.41 7,500
Balance in Reserve as of 4/26/84
$251,781
NOTE:
J. David Richeson is an Attorney and an expert in labor relations.
Chairman Scurlock had a question about properly
allocating costs and wished to know whether this possibly
should come out of the County Attorney's account as opposed
to Personnel.
Administrator Wright felt as long as it is a General
Fund item the source of money will be the same. Part of our
indirect costing in the General Fund items, such as Attorney
and Personnel, are shared from sources throughout the
County.
Attorney Brandenburg explained this was an additional
counsel hired by the County in regard to labor relations
matters, and this was not included in his budget. He felt
if this were to be taken out of his budget, there would have
to be a corresponding increase in his budget to make up for
it.
18
_I
Chairman Scurlock emphasized he just wanted to track
the cost properly and he believed this is a personnel type
of item.
After further discussion where it was noted that labor
relations may well be an ever increasing type of activity,
it was agreed this should come out of Personnel.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) approved the above budget amendment as
recommended by the OMB Director.
C. Budget Amendment - North County Fire District
Commissioner Wodtke felt this amendment properly should
be acted on at a North County Fire District meeting, and it
was agreed to convene as the Fire District later on in the
meeting to address this item.
K. Extension of Preliminary Plat Approval - Hidden Hammock
II Subdivision
The Board reviewed staff :memo, as follows:
19
MAY 16 1984
77
BOOK
57 PAGE 19
MAYs s�. �,
t,
BOOK .57 PAGE 20 °
TO: The Honorable N' —bers DATE: gala,Z, 1984 FILE: -•
Of she .Board of Ccunty
C, rr.1_, Js:.cners
DI :'ISION I'�,D L ` C:'RRr 1Cr •`:S Imo: OF PPS`F1'
;�- -
PLAT APPR�)VAL FCR H DEN
SUBJECT: HA,'N'21.1= II SUBDIVISION
Robert M. Year_a_nq,, AICB'�
Planning & Develo=nent Director - -
FROM: Clare Z: Pourard REFERENCES: Hidden Ha ,cck
Staff Planner DIS : BL-DGC'I'
It is requested that the folicw-ing information be given formal considera-
tion by the -Board of County Cc=, *ssicners at their regular meeting on May
16, 1984.
f
DESCP=_ ION AIM CONDITIONS:
Hidden Hannock II Subdivision is a 6 lot, ±5 acre, subdivision located on
12th Street, west of 43rd Avenue. The subject property is zoned R -IA,
SLc:le Family Residential (4 dwelling units/acre), and has a LD -1, Low
Densi tyResidential (3 dwelling units/acre) , land use designation. The
Project's proposed building density is 1.2 dwelling units/acre.
The Subdivision was granted preliminary plat approval on DecaTber 1,
1982. Thus, preliminary Plat approval Is scheduled to expire on June 1,
1984. The applicant is requesting an eighteen month extension of prelim-
inar�r approval.
AL1 't IVF_ -S AND ANALYSIS:
The County's Subdivision Ordinance 15-3, the ordinance which was in
effect at the time that this subdivision was approved, states:
The following limitations and conditions are placed on the pre-
liminary plat approvals given by tine Board:
(1) The approval of the Board shall have full force and effect for
a period of 18 months from t1ne date of approval. An extension
_ - may be granted by the Board.
The applicant is revuesting an extension of plat approval in order to
allow him more time to finance the project. No on-site work has been
ccrpleted.
The Board has historically granted one, eighteen month, extension of plat
approval to those applicants who have requested it.
PECO_M1^_-11ID?,TI(W. :
Staff reccrarends that the Board of County Commissioners grant one, 1.8
month extension of preliminary plat approval to Hidden Ha.^rlock II
Subdivision.
20
r
t
Chairman Scurlock asked why we are going to 18 months
rather than a year, and Planning Director Keating explained
that is the extension historically given. There has been no
work done so far, and staff felt 18 months was an adequate
time frame considering the past.
The Chairman wished to know if they were talking about
just one extension, and Mr. Keating confirmed they were.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
granted one 18 month extension of preliminary
plat approval to Hidden Hammock II Subdivision.
M. Third Dune Walkover for Tracking Station Park
Commissioner Wodtke inquired about backup material for
this item, and Administrator Wright reported that it had
been furnished under separate cover as they still had been
negotiating on this item as late as Tuesday.
The Board reviewed the following staff memo:
TO: The Honorable Members of DATE: May 14, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: North Tracking Station Dune
Walkover - Revision to Award of
Bid - Contract Approval
FROM: James W. Davis, P.E. REFERENCES:
Public Works Director
DESCRIPTION AND CONDITIONS
On April 11, 1984, the Board of County Commissioners approved
award of bid to John Hamilton and Sons, Inc. in the amount of
$15,671.86 for the construction of the Third Dune Crossover at
the Tracking Station Park. This bid price did not include the
gazebo roof. John Hamilton and Sons' bid included an alternate
additive of $4,455.33 for the roof, thus the bid amount of
$20,127.19 was submitted.
21
MAY 16 1984
BOOK .57 PAGE ��
BOOK: 5Fy PAVE 22
MAY 16 194
James P. Warr, Contractor, bid $17,000 for the work. Staff
assumed that this bid did not include the roof as the bid schedule
was intended. Mr. Warr claims that his bid did include the roof,
after the award to John Hamilton and Sons was granted. When
both contractors were contacted on this issue on May 11, 1984,
Mr. Hamilton graciously agreed to withdraw his bid so that the
County could save $3,127.19 and the bid could be awarded to Jim
Warr.
Mr. Warr has signed the attached contracts for approval.
ALTERNATIVES AND ANALYSIS
• The Florida DNR grant expires June 30,1984 for the Tracking
Station Park. Funds are available for the work.
RECOMMENDATIONS AND FUNDING
Since John Hamilton and Sons, Inc., has agreed to withdraw
his bid, staff recommends:
1) Recind the award of bid to John Hamilton and Sons, Inc..
in the amount of $15,671.86 plus alternate additive of
$4,466.33, thus amounting to $20,127.19. Accept the
withdrawal.of this bid and refund the bid bond and plans
deposit.
2) Award bid to James Warr, Contractor for $17,000, contingent
upon the County receiving a DNR permit, site plan approval,
and building permit.
3) Authorize chairman to sign the contract with James Warr,
Contractor in the amount of $17,000 and instruct Contractor
to complete the work prior to June 30, 1984. Funding
to be from Account 102-210-572-66.39, uncommitted funds
from the $277,500 grant amount to approximately $21,000.
Public Works Director Davis reported in detail how the
misunderstanding came about through one of the contractors
misinterpreting the bid as including a roof, and how after
staff explained the situation, John Hamilton and Sons agreed
to withdraw their bid so that the County could save money
and have a gazebo with a roof.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
accepted the withdrawal of bid by John Hamilton
and Sons, Inc., agreed to reaward the bid to
James Warr, Contractor, and authorized the
Chairman to sign the contract with James Warr,
Contractor, all as set out in the three recom-
mendations of staff in memo dated May 14, 1984.
22
I
N. Mixer (Soil Stabilization Machine) for Road & Bridge
In discussion, it was determined that the Board did not
feel they had sufficient time to review the backup informa-
tion, and Public Works Director Davis believed this could
wait until the next Board meeting.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
agreed to defer discussion on the Bid for the
above machinery until the next Commission meeting.
PROCLAMATION - Older American Month
Chairman Scurlock read aloud the following Proclamation
designating the month of May as OLDER AMERICANS MONTH and
presented it to Mr. Pegg and Mr. Sorrell representing the
AARP.
MAY 16 1984
L-
23
BOOK 5 7. PAGE 23'
MAY 16 1994 BOOK 7 PACE
P R O C L A M A T I O N
WHEREAS, today's older citizens have molded and nurtured the
world in which we live and they will act as a positive force for
change in the future by continuing to build bridges between young
and old and by helping the community to prepare itself for the
future when a still greater percentage of its residents will be
older; and
WHEREAS, OLDER AMERICANS lead lives of independence, dignity
and purpose, and when called upon, cheerfully give of their time,
talents and money. Their experience, wisdom and caring are vital
to our hopes of rehumanizing the world and correcting its
wavering direction; and
WHEREAS, the members of the AMERICAN ASSOCIATION FOR RETIRED
PERSONS - VERO BEACH CHAPTER #1406, and the NORTH INDIAN RIVER
COUNTY CHAPTER #3234 along with the INDIAN RIVER COUNTY COUNCIL
ON AGING are taking part in the affairs of our community and
making significant contributions to the well being of our
citizens; and
WHEREAS, OLDER AMERICANS perform many services as volunteers
for various charitable organizations among them being the
AMBULANCE SQUAD, HOSPITAL AUXILIARY, RED CROSS, MEALS ON WHEELS;
and
WHEREAS, OLDER AMERICANS have held and are holding various
public offices, among them being service on the following public
boards, CITY COUNCIL; COUNTY COMMISSION; PARKS, PLANNING & ZONING
COMMISSION; FINANCE COMMITTEE; TRANSPORTATION PLANNING COMMITTEE;
HOUSING FINANCE AUTHORITY:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in
regular session this 16th day of May, 1984 that the month of MAY
shall be designated as
"OLDER AMERICANS MONTH"
and
BE IT FURTHER PROCLAIMED,That the Board expresses its
appreciation to the County's OLDER AMERICANS and most
particularly to the members of the AMERICAN ASSOCIATION FOR
RETIRED PERSONS - VERO BEACH CHAPTER and the NORTH INDIAN RIVER
COUNTY CHAPTER and to the INDIAN RIVER COUNTY COUNCIL ON AGING.
ATTEST:
BY c ,
Freda Wright, Clrk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY �D om G
Don C. Scurlock, Jr
Chairman
24
al
. 1
k
PROCLAMATION - SENIOR CITIZENS WEEK
Chairman Scurlock next read aloud the following
Proclamation designating the week of May 13 -'19 as SENIOR
CITIZENS WEEK and presented it to Mr. Pegg.
P R O C L A M A T I O N
WHEREAS, the President of the United States has designated
May as OLDER AMERICANS MONTH; and
WHEREAS, all citizens should be enlightened of the needs -of
the elderly, and special considerations given to the awareness_
and fulfillment of those needs; and
WHEREAS, over 16,000 residents of Indian River County are
SENIOR CITIZENS and qualify for special recognition; and
WHEREAS, the Indian River County Council on Aging has served
the entire county for over nine years providing services without
regard to race, income, religion or national heritage; and
WHEREAS, the Council on Aging has been named Coordinator of
transportation for the county, and during 1983 has made over
25,000 trips to supply,transportation to the elderly, and has
also performed over 141000 hours of in-home services to the
SENIOR CITIZENS of the county; and
WHEREAS, Indian River County recognizes the efforts of the
Council on Aging to serve the needs of the SENIOR CITIZENS of our
county;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of
May 13 - 19, 1984 be designated as "SENIOR CITIZENS WEEK', and
urge all citizens of Indian River County to support the
activities of the Council on Aging in its efforts to recruit
volunteers and solicit funds to serve INDIAN RIVER COUNTY'S
SENIOR CITIZENS. BOARD OF CODUTY'COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BYC
25 Don C. Scurlock, J
MAY 16 1964 Chairman
w
BOOK 57 PAGE 25
MAY 16 1984 BOOK 57 PAcE
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners thereupon recessed at
9:25 o'clock A.M. in order that the District Board of Fire
Commissioners of the North Indian River County Fire District
might convene. Those Minutes are being prepared separately.
COUNTY -INITIATED REZONING TO R-1 (EASTMON CLARK)
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a Z-&
a
in the matter ofd
in the
lished in said newspaper in the issues
q
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County. Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to ana subscrib bef a me day of A.D. 19
•
,,qusiness Manager)
(Clerk of Inc Circuit/Court_/
(SEAL) dian River County, Florida)
NOTICE — PUBLIC "ERRING
Notice of hearing initiated by Indian River
County to consider the -adoption of a County or-
dinance rezoning land from:
C-1, "Commercial District*' to R-1, "Sin-
gie-Family District." The subject property
presently owned by Eastmon Clark, at
al. is located on the southeast comer of
4th Street and 43rd Avenue.
The subject property is described as:
The East 305.00 feet of the West 330.00
feet of Tract 12, Section 15, Township 33
South, Range 39 East as shown on the
Plat of Indian River Farms Company
Subdivision as recorded in Plat Book 2,
Page 25 of the Public Records of St. '
Lucie County, Florida, now lying in the
Indian River County, Florida.
Less however, the North 30.00 feet and
less that portion of sold East 305.00 feet
of the West 330.00 feet lying within the
following described property:
The South % of the South 20.1 acres of
the West 30 acres of Tract 12, in Section
15, Township 33 South, Range 39 East,
according to the last general plat of
ilands of the Indian River Forme Com -
c e it Courtofof St�ucie Countyy,o
Flor-
ida. In Plat Book 2, Page 25: said land
now lying and being In Indian River
County, Florida.
A public hearing at which parties In interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1660 25th
Street, Vero Beach, Florida, on Wednesday. I*
16, 1984, at 9:15 A.M.
If any person decides to appeal any decision
made on the above matter, he/she will creed a
i record of the proceedings, and for such pur-
1 poses, he/she may need to ensure that a verba-
tim record of the proceedings Is made, which in.
dudes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
Apr. 26, May 8, 1984.
Chief Planner Richard Shearer reviewed staff memo and
recommendation, as follows:
26
TO: The Honorable Members ®ATE:APril 26, 1984 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keating, IgCP
Planning & Development Director
FR M: R chard Shearer, AICD REFERENCES:
Chief,. Long -Range Planning
COUNTY -INITIATED
REQUEST TO REZONE 6 z
ACRES FROM C-1, COMMER-
CIAL DISTRICT, TO R-1,
SINGLE-FAMILY DISTRICT
Clark/P&Z
CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 16, 1984.
DESCRIPTION & CONDITIONS
Indian River County is initiating a request to rezone
approximately 6 acres located on the south side of Citrus Road
(4th Street) and the east side of 43rd (Clemann) Avenue from
C-1, Commercial District, to R-1, Single -Family District.
A house belonging to Eastmon and Mary Clark burned down on the
subject property. Because of the C-1 zoning of the property,
the Clarks cannot rebuild their house.
On April 5, 1984, the Planning and Zoning Commission voted
3 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the existing land use pattern
will be presented as well as a discussion of the future land
use as established in the land use element of the Comprehensive
Plan.
Existing Land Use Pattern
The subject property currently contains four dwelling units and
vacant land. East of the subject property is vacant land.
North of the subject property, across Citrus Road, is vacant
land. West of this vacant land, across 43rd Avenue, are the
State Forestry facilities. West of the subject property is
vacant land, a single-family residence, and the Temple Beth
Shalom site. South of the subject property is the Moose Lodge.
All of the land around the subject property is zoned R-1 except
for the Moose Lodge which is in a C-1 district.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
of the land north, south, and east of it as LD -2, Low -Density
Residential 2 (up to 6 units/acre). The land west of the
subject property, across 43rd Avenue, is designated as LD -1,
Low -Density Residential 1 (up to 3 units/acre). The R-1 zoning
district is compatible with the LD -2 land use designation and
appears to be the most appropriate zoning district for the
subject property based on the existing land uses and zoning
pattern for this area.
27
MAY 1.6. 1984
BOOK 57 PAGE 27
MAY 16 1984
BOOK "57 PACE `'-28
Transoortation System
No increased traffic is anticipated as a result of this
rezoning.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
The subject property is not served by County water nor
wastewater facilities.
RECOMMENDATION
Based on the above analysis, particularly the existing land use
pattern and the Land Use designation of the subject property,
staff recommends approval.
The Chairman asked if anyone present wished to be
heard.
Mrs. Eastmon Clark expressed her appreciation of the
Board considering this rezoning for approval so she and her
husband will be able to rebuild their home. No one else
wished to be heard.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously (4-0)
closed the public hearing.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
adopted Ordinance 84-25 rezoning the subject
six acres on the southeast corner of 4th Street
and 43rd Avenue to R-1.
28
ORDINANCE NO. 84-25
WHEREAS, the Board of County Commissioners of Indian River_
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant
thereto held a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of the
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Rezoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
The East 305.00 feet of the West -330.00 feet of Tract 12,
Section 15, Township 33 South, Range 39 East as shown on
the Plat of Indian River Farms Company Subdivision as
recorded in Plat Book 2, Page 25 of the Public Records of
St. Lucie County, Florida now lying in Indian River
County, Florida.
Less however, the North 30.00 feet and less that portion
of said East 305.00 feet of the West 330.00 feet lying
within the following described property:
The South 1/2 of the South 20.1 acres of the West 30
acres of Tract 12, in Section 15, Township 33 South,
Range 39 East, according to the last general plat of
lands of the Indian River Farms Company filed in the
office of the*Clerk of the Circuit court of St. Lucie
County, Florida, in Plat Book 2, Page 25; said land
now lying and being in Indian River County, Florida.
Be changed from C-1, "Commercial District" to R-1,
"Single -Family District".
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 16 day of May
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIANN RIVER COUNTY
B Y : , ' J, C .�
DON C. SCURLOCK, JR.
Chairman
29
L_r MAY 16 79$4
BOOK 57 PAGE 29
MAY 16 1984 Booz 57 QAcE 30
COUNTY -INITIATED REDESIGNATION - 533 ACRES BETWEEN RANCH AND
RANGELINE ROADS TO LD -1
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vera Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of_%%!✓ fsCC
i
in the
lished in said newspaper in the issues
Y" M
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befgre me 1�is =) Y day of &/Om� A.D. 19 Aleor
iness Manager)
(SEAL) (Clerk of the Circuit Court, Wan River County, Florida)
NOTICE — PUBLIC HEARING
TO AMEND THE COMPREHENSIVE
LAND USE PLAN
Notice of hearing initiated by Indian River
County to consider adopting a County Ordi-
nance to amend the Comprehensive Play by
redesignating land from:
RR -1, "Rural Residential 1" (up to .4
units/acre) to LD -1, "Low -Density Resi-
dential 1" (up to 3 units/acre). The sub -
Joel property is located west of 74th Ave-
nue, North of 8th Street, east of 82nd
Avenue and south of 16th Street.
The subject property is described as:
Tracts 1 and 2: the North 30 feet bf Tract
3; Tracts 4 and 5: the West 17.60 acres
of Tract 6; Tract 8, less the West 0 acres:
and Tracts 9 through 16, inelushe; all Irl
Section 12, Township 33 South, Range
38 Fast, according to the last general
plat of lands of Indian River Farms Com-
pany, filed in the office of the Clerk of the
CICIt Court of St. Lucie County, Flor-
ida, in Plat Book 2, Page 25. Said land
now lying and being in Indian River
County, Florida. less and except rights-
of-way.
A public hearing at which parties in Interest
,:and citizens shall have an opportunity to be
'heard, will be held by the Board of County Com-
tmissioniam of Indian River County, Florida, in the
'County Commission Chambers of the County
Administration Building, located at 1840 25th
Street. Vero Beach, Florida, on Wednesday, May
16, 1984, at 9:15 A.M.
If any person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba
tim record of the proceedings Is made, which In.
eludes testimony and evidence upon which the
,appeal is based.
Indian Rim County
Board of County Commissioners
By -s-Don C. Scurlock Jr.
Chairman
Apr. 26, May S. 1964.
Chief Planner Shearer reviewed staff recommendation and
displayed slides of the area:
30
TO: The Honorable Members DATE: April 6, 1984 FILE:
of the Board of County
Commissioners
COUNTY -INITIATED
DIVISION HEAD CONCURRENCE:* REQUEST TO REDESIGN'ATE
533 ACRES .FROM RR -1,
SUBJECT: RURAL RESIDENTIAL 1, TO
Robert M. Keati , A CP LD -1, LOW-DENSITY
Planning & Development Director RESIDENTIAL 1
FROM: Richard Shearer, AICP REFERENCES:
Chief, Long -Range Planning
MAY 16
Co. Initiated/533 Ac
CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 16, 1984.
DESCRIPTION & CONDITIONS
Indian River County is initiating a request to amend the Land
Use Element of the Comprehensive Plan by redesignating
approximately 533 acres located in Section 12, Township 33
South, Range 38 East, from RR -1, Rural Residential 1 (up to .4
units/acre), to LD -1, Low -Density Residential 1 (up to 3
units/acre).
On February 23, 1984, the Planning and Zoning Commission voted
5 -to -0 to recommend to the Board of County Commissioners that
106.52 acres of Section 12, Township 33 South, Range 38 East,
be redesignated from RR -1 to LD -1.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the existing land use pattern
willbepresented as well as a discussion of the future lard
use as established in the land use element of the Comprehensive
Plan.
Existing Land Use Pattern
The subject property consists of the Life for Youth Ranch,
citrus groves, pasture land, and a number of single-family
dwellings, most located on five -acre parcels of land. The land
north of the subject prcperty is primarily devoted to citrus
groves although there is a single-family subdivision directly
north of the subject property. The lands east and•south of the
subject property also are in citrus groves. West of the
subject property is developing land which includes old citrus
groves, a mobile home park, and single-family dwellings on
one -acre and larger parcels of land.
Future Land Use Pattern
The Comprehensive Plan designates the subject property: and the
land east of it as RR -1, Rural Residential 1 (up to .4
units/acre). The land north and west of the subject property
is designated as MD -1, Medium -Density Residential 1 (up to 8
units/acre). South of the subject property, the land %is
designated as AG, Agricultural (up to .2 units/acre). Based on
the proximity of the subject property to the lands designated
MD -1, it appears reasonable to allow a maximum density for the
subject property which would be higher than that allowed by the
RR -1 designation. In analyzing this request, the staff
prepared three alternatives.
31
BOOK
5' I FACE 31
I
Alternative #1: RR -1 Land Use Designation
Book 57 facE 34
The first alternative is to retain the present RR -1 land'use
designation for the subject property. This designation would
retain the status of the area as a holding zone between the _
areas planned for urban development in the MD -1 land use
designation to the north and the lands in the AG land use
designation to the south. However, since the Planning and
Zoning Commission has recommended that 106 acres of land in
Section 12 be redesignated to LD -1, parts of the subject
property would be situated between lard designated MD -1 and
land designated LD -1 which would result in an inefficient land
use pattern.
Alternative #2: Redesignate North Half of Section 12 to LD -1
A second alternative is to redesignate the remaining land in
the north half of Section 12 from RR -1 to LD -1. The previous
request to redesignate 106 acres from RR -1 to LD -1 left
approximately 213 acres of the north half of the section in the
RR -1 category. Redesignating these 213 acres to LD -1 would
provide consistency in the north part of the section and still
provide for a gradation in residential densities with MD -1 to
the north, LD -1 for the north part of the section, RR -1 for the
south half of the section, and AG south of the section. One
problem with this alternative is that land in the southwest
part of the section designated RR -1 would still abut MD -1 land.
Alternative #3: Redesignate all of Section 12 to LD -1
Another alternative is to redesignate all of Section 12 to
LD -1. This would provide a consistent land use designation for
the entire section. In addition, all parts of the section
which abut MD -1 property would be designated as LD -1. The LD -1
designation would not mandate a zoning classification allowing
three units per acre for the entire section. Instead, a zoning
pattern allowing densities of up to three units per acre could
be allowed in the parts of the section abutting the MD -1 lands
to the north and west with lower densities allowed adjacent to
the AG land to the south and the RR -1 property to the east.
Transportation System
The subject property has direct access to 16th Street
(Rosewood), 8th Street (Glendale), and 74th Avenue (Rangeline
Road) (all classified as secondary collector s.treets on the -
County's Thoroughfare Plan) and to 12th Street (Rosedale) and
82nd Avenue (Ranch Road) (both classified as primary collector
streets). The development of the subject property at the
maximum level of three (3) single-family dwellings per acre
would generate about 16,000 average annual daily trips (AADT).
The'Thoroughfare Plan has adequate provisions to serve this
trip generation level.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
The subject property is not served by County water nor
wastewater facilities. However, the County has plans to extend
water mains along State Road 60 to I-95 in the next year.
32
These water facilities would be one-half :Wile north of the
subject property, and this area will have access to County
water in the near future.
RECOMMENDATION
Based on the above analysis, particularly the proximity of the
subject property to the MD -1 land and the recommended LD -1
land, and the fact that County water facilities are planned for
this area, staff recommends that the remaining 533 acres of
Section 12, Range 38 East, Township 33 South be redesignated to
LD -1, Low -Density Residential 1.
Mr. Shearer noted that on April 4th, John Luther
requested a redesignation in this area from RR -1 to LD -1,
and this was granted. The redesignation now under discus-
sion would result in the entire section having the same Land
Use designation. The area to the north is MD -2 and to the
west is MD -1. Staff, therefore, feels 3 units per acre in
this area would be appropriate. The Planning & Zoning
Commission voted in favor of the redesignation.
The Chairman asked if anyone wished to be heard.
Robert Jackson, 2321 Buena Vista, and owner of property
in Section 12 informed the Board that Mr. Luther had
obtained consents to the redesignation from almost all the
owners in Section 12. Mr. Jackson continued that he now has
obtained consents from everyone but the Herndons, and he
believed it is a proper designation for this area.
C. Reed Knight, property owner., informed the Board that
he has been informed by a reliable source that Mrs. Herndon
also is very much in favor of the proposed redesignation.
MAY 16 1984
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
closed the public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously (4-0)
adopted Ordinance 84-26 redesignating the
remaining 533 acres of Section 12, Township 33
South, Range 38 East, to LD -1.
33
BOOK 51 PAGE 33
._ .. 1 J
MAY 16 1984
0%DIlIANCE NO. 84 -?6
BOOK 57 PAGE e 34
WHEREAS, the Board of County Commissioners of Indian River_
County, Florida, did publish and send its Notice of Intent to
redesignate the hereinafter described property and pursuant
thereto held,a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Land Use Elemenet of
Indian River County, Florida, and the accompanying Land Use
Map, be amended as follows:
1. That the Land Use Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
Tracts 1 and 2; the North 30 feet of Tract 3; Tracts 4
and 5; the West 17.60 acres of Tract 6; Tract 8, less
the West 5 acres; and Tracts 9 through 16, inclusive;
all in Section 12, Township 33 South, Range 38 East,
according to the last general plat of lands of Indian
River Farms Company, filed in the office of the Clerk
of the Circuit Court of St. Lucie County, Florida, in
Plat Book 2, page 25. Said land now lying -and being in
Indian River County, Florida. Less and except rights-
of-way.
Be changed from RR -1, "Rural Residential 1" to LD -1,
"Low -Density Residential 1".
All with the meaning and intent and as set forth and
described in said Land Use Element.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this16t1flay of May
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: ,k C
Don C. Scurlock, Jr.
Chairman
34
REZONING TO R -2D (NORTH BEACH ASSOCIATES)
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:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of 07L o 0 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 has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscrib�befes day of A.D. 19,
•
1 _ A _ I * (BAiness P�ianager)
(SEAL)
(Clerk of'the Gircui
r County, Florida)
NOTICE — PUBL-1CHEARING
Notice of hearing to consider recommending
the adoption of a County ordinance rezoning
land from:
R-1, "Single -Family Residential District -
to R-213, "Multiple -Family District." The
subject property presently owned by
North Beach Associates Ltd. Is located
.on the west side of S.R. A -1-A north of
Spring Place.
The subject property is described as:
That portion of Government Lot 1; less
the South 35 feet thereof; lying West of
State Road A -1-A; and also, that part of
the North 831.81 feet of Government Lot
4 lying West of State Road A -1-A; all -
lying and being in Section 23, Township
31 South, Range 39 East, Indian River
County, Florida.
A public hearing at which parties in interest,
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com- .
missioners of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Wednesday, May
16, 1984, at 9:30 A -M.
If any person decides to appeal any decision j
made on the above matter, he/she will need a I
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a ve%b
tim record of the proceedings is made, which in-
cludes testimony and evidence upon which the i
appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
Apr. 26, May 8, 1984,
Chief Planner Shearer reviewed staff memo and recommen-
dation, as follows:
35
I4AY 16 1984
BOOK 57 PAGE 35
J
MAY 16 1984 BOOK 5.7 PAGE
TO: The Hcnorable INIembers DATE: April 13, 1954 FILE:
of the Board o
County Commissioners
DIVISION HEAD CONCURZENC
. '�UE3JECT:
Robert M. Keati:_ngl, AICg
Planning & Development Director
FS
FROM: Richard M. Shearer, AICP
Chief, Long -Range Planni,5EFERENCES:
NORTH BEACH ASSOCIATES
REQUEST TO REZONE 26.35
ACRES FROM R-1, SINGLE-
FA`N?ILY DISTRICT, TO
R -2D, 1-1ULTIPLE-FAMILY
DISTRICT
North Beach P&Z
CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 16, 1984.
DESCRIPTION & CONDITIONS
The applicants, North Beach Associates, Ltd., are requesting to
rezone 26.33 acres located on the west side of State Road A -1-A
and one-half mile north of County Road 510 (Wabasso Road) from
R-1, Single -Family District (up to 6.2 units/acre), to R -2D,
Multiple -Family District (up to 6 units/acre).
The applicants propose to develop this property as
multiple -family residences.
On April 12, 1984, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis -of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The subject property -is currently undeveloped. North and east
of the subject property, across S.R. A -1-A, is undeveloped land
zoned R -2D. South of the subject property is undeveloped land
zoned R-1. Further south are citrus groves and Spring Place, -a
single-family subdivision. West of the subject property are
more citrus groves.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
of the land around it as LD -2, Lour -Density Residential 2, (up
to 6 units/acre). The current R-1 zoning and proposed R -2D
zoning are both consistent with the LD -2 land use designation.
Rezoning the subject property to R -2D would be consistent with
the R -2D zoning east of S.R. A -1-A and consistent with the
general land use pattern on this part of the barrier island
with multiple -family developments along A -1-A oriented to the
ocean and single-family delrelopments along the west part of the
island oriented to the river.
36
s � r
Transportation
The subject property has direct access to S.R. A -1-A
(classified as an arterial street on the County's Thoroughfare
Plan) and to Jungle Trail. Utilizing the maximum development
allowed under R -2D zoning, the development of the property
would generate 964 average annual daily trips (AADT). Under
the current R-1 zoning, the maximum development of the property
would generate 1580 AADT.
Environment
The subject property is not designated as environmentally,
sensitive. However:
1) The southwest corner of the subject property contains
approximately 1.86 acres located within Zone A;
2) FIRM Map #120119-0083C depicts a flood elevation of
seven feet (EL7) ;
3) All future residential units located within the flood
prone area must have the lowest floor of the living area
elevated to at least eight feet.
i7f- i 1 i+ i o a
County water and wastewater facilities are not available for
the subject property.
RECOMMENDATION
Based on the above analysis; including the Planning and Zoning
Commission's recommendation.,.'staff recommends approval.
Mr. Shearer presented slides of the subject area and
noted that actually the density will remain very similar,
the main difference being that R -2D allows multiple family
development. He commented that multiple family usually
generates less traffic.
In further discussion it was noted that multiple family
generates less traffic per unit rather than per acre. It
was also noted that multiple family uses less water, and it
also requires site plan approval.
Mr. Shearer wished to point out that the applicants
have applied for a right-of-way abandonment, which will be
coming up at a later meeting.
The Chairman asked if anyone present wished to be
heard. There were none.
37
BOOK 5.7 PAGE 3
MAY 16 1984 BOOK 57. PASE 38
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
closed the public hearing.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bird, to adopt Ordinance 84-27
rezoning 26.35 acres west of SR A -1-A and north
of Wabasso Road to R -2D as requested by North
Beach Associates.
Commissioner Lyons commented that theoretically there
should be less units on this tract than if it stayed single
family, and Planner Shearer noted that actually if they went
through and platted, they would try to get 42 lots per acre
if they had water and sewer; without water and sewer they
would have to plat in 1/2 acre lots. He believed the
overall number of units would be about the same.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
38
,-1
ORDINANCE NO. 84-27
WHEREAS, the Board of County Commissioners of Indian River_
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
That portion of Government Lot 1; less the South 35 feet
thereof; lying West of State Road A -1-A; and also, that
part of the North 831.81 feet of Government Lot 4 lying
West of State Road A -1-A; all lying and being in Section
23, Township 31 south, Range 39 East, Indian River County,
Florida.
Be changed from R-1, "Single -Family Residential District"
to R -2D, "Multiple -Family District".
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 16 day of May
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: G
DON C. SCUR OCK, JR.%
Chairman
39
SAY 16 1984 BOOK 57 PAGE 39
MAY 16 1984
I
RESOLUTION RE SIGNATURES ON COUNTY WARRANTS
BOOK 5 1 PAGE 40
Attorney Brandenburg informed the Board that this is
the standard Resolution authorizing certain officials to
sign County warrants. This is replacing Resolution 84-16
which was done in error and which inadvertently omitted
authorization for signatures of those who could sign above
the $3,000 limitation.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
approved Resolution 84-31 as described above.
40
RESOLUTICN NO. 84 - 31
A RESOL-.;TION OF THE 3OARD OF CCU.vT'_' CC,U'1ISS1ONERS
OF RIVER COUNTY, FLORIDA, DIRECTING CCUNTU'
DEPOSITCRIES TO HCi:OR CERTAIN AUTHCRIZED
S IGNAr.— RES ON COUNTY ;1ARRAN T S A2dD OTHER ORDERS
FOR PAIZMEINT.
WHEREAS, THE BOARD OF COUNTY CO"IMISSIONERS OF IivDIAN
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 CHAIRMA_'V and -PATRICK B. LYONS as VICE
CHAIR2•;AN, 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 CM,U'SISSIONERS pursuant to'"
_1
Florida Statutes §125.17, and
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 dram
in the Commission's name.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
rE
CGU":ISSIONERS 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
2. That each designated depository of the Commission is
herebv requested, authorized and directed to honor checks, warrants
or other orders for payment of money drawn in the Commission's
na�;.e, 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 c:�eck, warrants or other orders for the payment of money,
ecuals or does not exceed the su- of Three Thousand Dollars
($3,000.00).
4
MAY 1619WMr 1 BOOK 57 PACE 41 �
.
• MAY 16 1984
BOOK .57 PAGE 42
3. That if a check, warrant or other order for the payment
of money drawn in the Commission's name exceeds the sum of
Three Thousand Dollars ($3,000.00), said designated depositories
are authorized and directed to honor checks, warrants or other
orders for the payment of money drawn in the Commission's name,
only when such check, warrant or other order for the payment of
money bears the facsimile signature of the Chairman and Clerk of
the Circuit Court and further bears the original signature of
either the Chairman, Vice Chairman or Clerk of the Circuit Court.
Said actual and facsimile signatures appear below;
(1) Freda Wright
Clerk of the Circuit Court
(2) Don C. Scurlock, Jr.
Chairman
(3) Patrick B. Lyons
Vice Chairman
��,�; _D ,rid •,� [� �l�' �%'. /�
L�
Actual
Facsimile
/ 1-�..t /�ii.•rI��C
Actual
Facsimile
All
Actual
lie
acsimile
BE IT FURTHER RESOLVED that the above named signatories are
hereby authorized to execute any and all signature cards and
agreements as requested by the respective banking institutions
designated as official depositories by the Board of County
Commissioners of Indian River County, and
BE IT FURTHER RESOLVED that the use of facsimile signatures
is as authorized by Florida Statutes Chap. 116.34, the "Uniform
Facsimile Signature of .Public Officials Act."
-
2
®.
d
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
�. Commissioner Wodtke and, upon being put to a vote,
the vote was as follows:
Chairman Don. C. Scurlock, Jr. Aye
Vice Chairman Patrick B. Lyons
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Absent
Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 16th day of _May 1984. -=
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY �11)lzll �
Don. S. Scu lock, Jr. -.
Chairman
Attest:J%7���;
Freda Wright, C'erk
APPROVED S TO FORM
AND LE, C�SUFFICI,EN1
B
. zranaenDu�g, county Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared FREDA WRIGHT, DON C. SCURLOCK,
JR., and PATRICK B. LYONS to me known and known to me to be the
persons who executed the foregoing instrument and having been
placed under oath have indicated that theme foregoing are their
actual and facsimile signatures, this /C`f/'Aday of�� 198,x.
4W J %
Notary 61
RO-1ARY 'Pl,"1C,\7,LSTO FLORID
iG;:L):D 7HRU CE -NERAL INii:RANCE UND 1
h+r CovdMISSICN E\PISES JULY a 1996
BOOK `5� PACE 43
3 MAY 16 1984
3
MAY 16 1984
BOOK 57 PAGE 44
SETTLEMENT OF CODE ENFORCEMENT LIEN
The Board reviewed the following memo:
TO: Board of County CannissionersDATE: May 9, 1984 FILE:
Settlement of Code En-
forcement - Lien -
SUBJECT: Case No. 83-12; Dick-
son Trading Corp. &
R.B. Smith
FROM: Christo iter J. Paull REFERENCES:
Assistant County Attorney
The County Attorney's office, with the assistance of the Planning and
Zoning Department has reached a tentative settlement of an on-going
Code Enforcement Board case involving two adjacent property owners,
Dickson Trading Corp., and Mr. K. B. Smith, related to a junk, trash,
and debris violation on property located at the southeast corner of
the intersection of 47th Street and 34th Avenue in Gifford.
The Code Enforcement Board had imposed a fine and lien against both
owners, however, shortly thereafter it was discovered that a serious
title problem involving the affected properties would make
enforcement and collection of the liens extremely difficult, if not
impossible. The problem involves an encroachment by the hone of Mr.
Smith and also by the County road onto and interlying parcel of
property owned by Dickson which had been purchased at a tax sale some
years back. Once this problem was identified, the parties net and
have agreed to resolve both the zoning violation and the title
problems as follows:
1. Dickson (an absentee owner) will convey a 50 foot x 200 foot
parcel to Indian River County in exchange for release and satisfaction
of the Code Enforcement Board fine by the County.
2. Upon acceptance of the Quit Claim Deed from Dickson, the County
_ shall declare the south 25 feet thereof as surplus property and
approve a conveyance of this surplus property to Mr. K. B. Smith, the
owner of the property immediately to the south thereof. The north 25
feet of this parcel will be retained and is needed by the County for
right of way for the existing street (47th Street).
3. Mr. K. B. Smith, who resides at this location, shall maintain both
the existing property and the newly conveyed 25 foot strip in a manner
which meets all of the County's zoning ordinances. By conveyance of
this parcel to Mr. Smith, a serious title effect involving the
location of his hone will be corrected, making any future proceedings
by the County involving liens more enforceable.
4. The County will acknowledge satisfaction of liens against both Mr.
Dickson and Mr. Smith and record appropriate releases.
Requested Action
It is requested that the Board give their approval to the above
settlement tenns and direct the County Attorney's office to prepare
and have recorded the necessary docanents to effect same.
44
J
1
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the settlement terms (Case No.'83-12)
as set out in the above memo and directed the
County Attorney's office to prepare same and
have the necessary documents recorded.
MASTER AGREEMENT WITH CARTER ASSOCIATES AND WILLIAMS,
HATFIELD & STONER, INC. -
Attorney Brandenburg reviewed the competitive
negotiation process followed in selecting a consulting
engineering firm for the wastewater master plan for the
County, in which process Carter Associates in conjunction
with Williams, Hatfield & Stoner came out as the number one
choice. They were approved by the Board at an earlier
meeting, and negotiations were begun. He continued that he
has a proposed master agreement for professional services,
which is an open ended agreement, i.e., the master agreement
spells out the general conditions between the engineer and
the County, and the County then would issue specific work
orders to the engineer laying out in each work order the
maximum amount of money for that work order and the hourly
rates and basis for the work to be done. Attorney
Brandenburg suggested that the Board move ahead with the
Master Agreement for professional services and authorize
staff to work on the first addendum for specific services to
be executed by the Chairman at such time as it is in form
satisfactory to staff. The reason for doing it this way is
that the SR 60 wastewater engineering area is critical, and
we do not want to lose any time.
Utilities Director Pinto and Administrator Wright
confirmed the urgency of having aImaster plan so that the
development on SR 60, whether done by the County or a
private group, will reflect what the master plan calls for,
SAY 16 1984 45 Boa 57 PACE 45
A
Mpy 16 1984 Boa 57 PnE 46
and Chairman Scurlock agreed that in any event, we need an
overall master plan to provide services on a uniform basis,
and time is very much of the essence.
Commissioner Lyons stated that he would like to take a
few minutes and read over the proposed Master Agreement.
Attorney Brandenburg recommended that the Board members
do so. He continued that staff is not comfortable with the
way the first work authorization is worded as we want to be
sure the SR 60 area is included as a priority; that is why
they are not suggesting the Board approve the first work
authorization today, but rather give the Chairman the
authority to sign it when it is revised satisfactorily. The
Attorney did, however, recommend the Board sign the Master
Agreement for engineering services.
Chairman Scurlock asked where the funding comes from
for specific services, and Utilities Director Pinto stated
that the Master Plan will be funded by the Utility
Department and if there are any specific construction
projects, then they would have to get authorization from the
Board and that would be covered by impact fees.
Administrator Wright believed we can fund it totally
from the involved parties.
Attorney Brandenburg commented that the County
currently has consultants for a wastewater master plan and
we are negotiating with water consultants and impact fee
consultants. It obviously doesn't make sense for the County
to have three different engineers doing the same work and
coming up with three disconnected studies. Therefore, it is
apparent we will have to get.all three consultants to work
together and use the same premises; possibly only one should
develop the data base, or all three develop it and put it in
one computer system.
It was agreed to defer action on the Master Agreement
until later in the meeting.
46
TO:
DISCUSS FORECLOSURE CODE ENFORCEMENT BOARD LIEN
Assistant County Attorney Chris Paull reviewed the
following memo:
Members of the Board DATE: May 9, 1984 FILE:
of County Commissioners
Forclosure of County
SUBJECT: Code Enforcement Board
Lien - Request for
Direction
FROM: Chris Ker J. Paull REFERENCES:
Assistant County Attorney
Indian River County has been named a co-defendant in a foreclosure
action by a mortgagee against a certain piece of property known as
Jimmy Collins Junk Yard at 4506 45th Street. The County is named the
co-defendant because it has a lien on this property resulting from a
Code Enforcenent Board action to have the junk yard operated in
accordance with the zoning code requirements. The Board had imposed
fine of $50 per day till such time as the violation was corrected.
The amount of this fine presently totals approximately $15,000.
The Court has scheduled a judicial sale of this property for May 21,
1984 at 11:00 a.m., at which the property will be sold to the highest
and best bidder for cash. Because the mortgage has priority in time
over the County's fine and lien, it is quite likely that the property
will be sold for an ameunt VMch is sufficient only to pay the
mortgagee's claim and there will be no additional funds available to
pay the County's fine. At this point, the County's claim is
extinguished.
If the County wishes to realize any proceeds from this fine, it will
be necessary to appear at the sale and to bid on the property in order
to drive up the sale price to a level sufficient to generate _
additional proceeds over and above the first mortgage. Should the
County bid on the property, it will then nun the risk of having to buy
the property if there are no other bidders willing to out -bid the
County.
The mortgagee has a claim for $28,029.09 and should the sale of this
property generate a price above this amount, the County will apply for
distribution of any surplus. There is a possibility that there will
be others interested in this property who will bid at the sale thereby
generating this surplus. Otherwise, it is requested that the Board
give direction as to whether it wishes the County to appear at the
sale for the purpose of bidding to protect our lien interest Note
that if the County is the high bidder, the County will be required to
buy this property for cash, after which we would then own the property
and could dispose of it on the market at whatever price can be
obtained.
47
:MAY 16 1984 BOOK 57 PACE 47
BOOK 5 FAGS 4$
The property is presently appraised by the Appraiser's Office at
around $50,000, and so there is the potential for the County to
collect proceeds on this fine if others bid the price up, or if the
County purchases the property and then is able to sell it for an
amount exceeding the purchase price.
Alternatives
1. Forego bidding at the judicial sale, thereby possibly having all
of our claim extinguished, after which the County Planning and Zoning
Department would likely initiate a new Code Enforcement Board
Proceeding against the purchaser to correct the zoning violation which
continues to this date.
2. Bid at the judicial sale in order to drive up the price of this
property to a level which would generate a surplus from which some or
all of the County's fine could be collected, with the inherent risk
that the County may be the high bidder and thereby be forced to
purchase this property. If this alternative is chosen, staff would
request some direction as to how high staff should bid.
Mr. Thanas and myself will be available at the meeting to discuss this
item and provide any additional information necessary.
Attorney Paull reviewed the various alternatives,
noting that this item was put on the agenda to advise the
Board that our junior lien would be wiped out at the
foreclosure sale unless someone is there to bid'the property
up over what the first mortgage will require. One option is
to appear at the foreclosure and bid, but if we are high
bidder, we could be stuck and we would have to have the
property cleaned up and sell it. Another option is not to
bid and possibly it will be bid up by others. Finally, if
our fine is wiped out, we can go in and start over with
another Code Enforcement case. He noted that the first
mortgagee wants $28,000, and,the property is appraised at
$52,000. There is some room for profit, but we don't have
any idea who would be bidding.
Discussion ensued regarding the condition of the
property, and Attorney Paull did not believe it is improved
other than a little shed; it is covered with junk cars and
it is fenced in, but some of the junk is outside the fence,
which is a violation. He believed most of the value is in
the land, which consists of about 9 acres located just on
the south side of Gifford. Park.
W-1
M s M
Discussion continued on the fact that working under the
Sunshine Law causes some problems in cases like this, and
Attorney Brandenburg pointed out that if the Commission just
lets the foreclosure proceed and the new owner takes the
property, we can immediately start action for a new lien.
He stressed that the whole idea is to get this matter
resolved rather than make money.
The Board continued to mull over the possibility that
we might want to bid on this property, and Assistant
Attorney Paull pointed out that the Board must consider the
clean up cost.
The possibility of using this land in conjunction with
Gifford Park came up, and Chairman Scurlock suggested that
the Board might want to authorize staff to do an analysis of
what clean up costs would amount to.
Attorney Paull pointed out that the time schedule is
very tight, since the sale is on Monday.
Chairman Scurlock felt we could give staff a not -to -
exceed figure based on the cost to clean up, and Attorney
Paull believed there are bidders interested.
Administrator Wright emphasized that the whole point of
the action is to clean up the property not to acquire it.
He did not feel it is very desirable for the purpose of
adding to Gifford Park; he noted that cleaning it up could
present a considerable problem; and he suggested that the
Board follow the Attorney's recommendation to let someone
else bid the property in and then if they don't clean it up,
start another Code Enforcement action.
MOTION was made by Commissioner Lyons, SECONDED
by Commissioner Wodtke, not to bid on the subject
property.
MAY 16 1984
49
BOOK 57 PAGE 49
MAY 16 19$4
BOOK 57 FACE 50
The Board continued to discuss our lien and various
amounts that could be bid, and Commissioner Wodtke noted
that we would have to bid over $43,000 before it would cost
us more than $28,000.
Attorney Paull brought up the fact if the County did
bid the property in, we would have to come up with the cash
in a very short period of time. He further noted that we
have a default judgment and the appeal time has not run; so,
it is conceivable that after that sale, there could be
further litigation.
It was noted that there is a subdivision to the east of
this property and another salvage yard immediately on the
other side.
Commissioner Bird felt that a junk yard is a
moneymaking machine, and he believed someone very likely
would be interested in it.
THE CHAIRMAN CALLED FOR THE QUESTION on the
Motion not to bid. Commissioner Lyons voted
in favor, with Commissioners Bird, Wodtke and
Chairman Scurlock voting in opposition. The
Motion failed 3 to 1.
Administrator Wright suggested that if the Board
desired, they could authorize staff to bid not to exceed the
assessed value. An amount roughly in the area of $43,000
was discussed.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, Commissioner Lyons voting
in opposition, the Board by a 3 to 1 vote
authorized staff to attend the sale and partici-
pate in the bidding with discretion, not to exceed
the assessed value.
50
DISCUSSION RE WATERLINE ACROSS WABASSO BRIDGE
Chairman Scurlock referred to Attorney Brandenburg's
letter of April 12, 1984, as follows:
BOARD OF COUNTY COMwISSIONERS
1840 25th Street, Vero Beach, Florida 32960
April 12, 1984
Mr. Thomas W. Lockwood
President
Saw Mill Ridge
P. 0. Box 3664
Vero Beach, Florida 32963
Re: The Waterline across the Wabasso Bridge
Dear Tom:
GARY M.BRANDENBURG
County Attorney
(305) 567-8000
CHRISTOPHER J. PAULL
Asst. County Attoraey
(305)567-8000
The Chairman of the Board of County Commissioners has requested this office to
pursue the issue of requiring a franchise for the waterline across the Wabasso
Bridge which supplies raw water to portions of the Barrier Island. I have
enclosed for your review our February 16, 1983 correspondence. Since this
matter has been pending for an extended period of time without being resolved,
I will be placing the matter on a County Commission agenda in the near future
to request authorization to proceed with whatever action is necessary to
resolve the matter.
Thanking you in advance for your cooperation.
SincerzYy
arl V. Brandenburg
aunty Attorney
The Chairman then gave the Board an update of the
situation, noting that for the last year he has been
discussing this line with Lost Tree Corporation and with Mr.
Lockwood, President of Saw Mill Ridge, as well as having
on-going discussions with St. Johns River Water Management
District. His discussions with Mr. Biggs of Lost Tree
Village Corporation, who is the new man in charge in regard
to using that line, have not been particularly successful.
MAY 16 1984
51
BOOK 57 PACE 51
MAY 16 1994 Boa 57 PAGE 52
Lc
Chairman Scurlock noted that St. Johns Water Management is
very much against using potable water for irrigation
purposes, and they wish to phase out any use of the shallow
aquifer in the Wabasso area. There is no agreement with Mr.
Lockwood and Lost Tree at this time, and St. Johns needs
some indication of what we will support re consumptive use.
Chairman Scurlock continued to discuss various alternatives,
i.e., going to the deep aquifer, having the County lease the
line and operate it, etc. He emphasized that the whole
concept is phase out the shallow wells, and a combination of
those approaches could be worthwhile.
Considerable discussion ensued as to whether we legally
can require a franchise for this system, whether the water
is used by Mr. Lockwood or anyone other than Lost Tree
Village Corp., etc.
Attorney Brandenburg explained that the County has a
Special Act of the Legislature authorizing the issuance of
franchises and a subsequent ordinance requiring franchises
of all utilities operating in the county. The County
Utility Department is in the process of going through the
county and trying to upgrade all the little utility systems
and requiring them to obtain franchises where applicable.
If LostATree supplied only themselves and no other members
of the public, in all likelihood it would not fall under our
franchise requirements, but if they have leased it out to
another individual who is now supplying them and has the
capability of supplying others, then it is quite possible a
franchise would be required. The line obviously is
supplying someone. We are requiring a franchise of all
utilities, and staff is looking for the Board's approval to
go ahead and sort this matter out.
Chairman Scurlock noted that there also is the issue of
whether or not the Board will take an aggressive position in
supporting St. John in phasing out shallow wells. The
52
Chairman believed we should support potable water being used
only for a potable purpose and using an alternate source for
irrigation.
Commissioner Bird was not sure that without some sort
of holding system or aeration you could eliminate the
chlorides so you could water the golf course.
Chairman Scurlock did not feel the chlorides run high
enough to present any problem in using the water for
irrigation, and he believed St. John's is recommending going
to deep well and blending which dilutes any chlorides even
further. He noted that it could be a great benefit for all
if some relationship could be worked out where that line
could be fully utilized. This water is a very valuable
resource, and the line has a large capacity. The Chairman
continued that he has talked with representatives of Indian
River Shores, who have indicated that they are very much in
favor of that line being fully utilized, and he has met with
Mr. Biggs and Mr. Spiers of Lost Tree Corp., and it seems
there is an interest, but somehow no decisions are ever
reached.
Attorney Sherman Smith came before the Board
representing Lost Tree Corporation and stated that he
represented them when they acquired this water system and
when they got their permit. There was a great deal of
misunderstanding in the community and many hearings were
held about this. In the course of those hearings, it was
established without controversy by the county's own records
and state and federal, and by a geological survey, that
there is enough potable water in the shallow aquifer
extending from Sebastian to Oslo to provide for a county ten
times the size of Indian River County. Mr. Smith stated
that the reason the permit was awarded for the shallow
aquifer was because the deep aquifer is overstressed in this
53
MAY 16 1984 BOOK 67 PAGE 53
MAY 16 1994 Boa 57 PAGE 54
county by all the citrus irrigation, and it is gradually
turning to salt.
Attorney Smith continued that there are a combination
of things which must be considered. First is whether the
Board wants to oppose John's Island having a golf course and
water. He emphasized that, although he has represented many
other fine developments in the county, John's Island is the
finest and produces the most tax money; it cannot exist
without a golf course. Mr. Smith then pointed out that many
of the usual factors considered re maintaining golf courses
do not hold true for a golf course located next to the
ocean. For one thing, there is 1/3 less rainfall at John's
Island than there is at the Vero Beach Airport. In addi-
tion, that golf course because of its proximity to the ocean
has a drenching salt air that makes .it intolerable to use
water that could be used other places. Attorney Smith
stated that it would be unthinkable for the Board to oppose
water for John's Island, and he also felt it is none of the
Board's business; the management of water is solely for
those in the water management business, and the county is
injecting itself where it has neither the expertise nor the
judgment. Mr. Smith then informed the Board that if it can
be proved that the salt content of the water from the deep
aquifer would be satisfactory for use at John's Island, they
would have no objection to going to the deep aquifer.
Mr. Smith next noted that although their lease with Saw
Mill Ridge does not provide for anything other than for Saw
Mill Ridge to service them, they are perfectly willing for
Saw Mill Ridge to provide the excess capacity to anyone
else, but they do not want to go into the franchise
business. Attorney Smith did not believe there is a
franchise in the county that is making money or is not in
controversy over rates. He continued to stress that John's
54
L�
Island is not concerned about anything except water being
transported to their golf course, and they are anxious for
the County to reach some understanding with Saw Mill Ridge.
Mr. Smith then stated that he, as a public citizen, could
not really understand why the county is interested in
furnishing water to developers on the island, and he would
be disappointed if the County felt they had the obligation
of providing these people with water. He further noted that
he has been told by people at John's Island that no one has
ever come to them asking about working something out
regarding the water line.
Chairman Scurlock commented that Mr. Smith knew, of
course, that the County does not want the golf course not to
be there, and to suggest that this Commission should not
have an interest or concern about water resources is abso-
lutely incorrect. This is very much a County issue, and St.
Johns Water Management recently conducted a study which
negates the 1976 study and does show an adverse impact on
the shallow aquifer. Chairman Scurlock further felt there
is no question that the water from the deep aquifer is
` perfectly usable for irrigation and becomes even more usable
with blending.
Attorney Sherman Smith asked if this has been docu-
mented with respect specifically to the John's Island golf
course and its proximity to the ocean. If it can be shown
that the water is satisfactory for them, there is no
objection.
Chairman Scurlock felt sure that can be documented. He
then challenged Attorney Smith's statement that no developer
ever has approached Lost Tree re any possibility of using
that line, which he stated is absolutely unequivocably
incorrect. Mr. Briggs from Sea Oaks did contact them. Bay
Tree at one point was receiving water as well as Sea Oaks
and, in fact, three illegal taps have been made.
55
MAY 16 1984 BOOK
-7 PAGE 55
r
MAY 16 1984
Booz 57 wacE 56
Commissioner Lyons wished to emphasize that there is no
interest on the part of the Commission in doing anything to
harm John's Island; we are simply looking for a more
efficient way of irrigating, and he takes violent exception
to Mr. Smith's comment that it is none of the county's
business. We are interested in getting together and finding
a way to satisfy John's Island so we don't have a disaster
on the,golf course, and we also want to do our very best to
conserve our water source, which is subject to continuing
study.
Chairman Scurlock felt we should hear from Tom Lockwood
of Saw Mill Ridge at this point.
Mr. Lockwood took the floor and stated that one of the
problems that is surfacing today is that they have two
representatives on this issue. In his opinion, there is a
current valid lease between Lost Tree Corporation and
probably more correctly Westport Utilities and Saw Mill
Ridge, and the operating entity is Saw Mill Ridge. He
believed if it were possible to deal through one entity it
would be considerably easier for all concerned. Mr.
Lockwood stated that he does recognize the county's concern.
He confirmed there are some problems between the owners of.
John's Island and his firm as to direction, but he did
believe they are -minor and can be solved. Mr. Lockwood felt
that if the Board will give -him and Mr. Smith some time to
work together on this, they will be able to come up with a
solution that will satisfy everyone concerned.
Chairman Scurlock felt it would be fine if Mr. Lockwood
and Mr. Smith would work together towards a solution.
Commissioner Bird stated that his interest is water
conservation and finding the most equitable way. He empha-
sized that Mr. Lockwood and Lost Tree do have an asset that
possibly with some cooperative effort, the County may be
able to utilize to provide other options. Mainly, he wished
56
to cooperate with those involved. He did agree that John's
Island does have a unique situation with the salt on their
grass.
Commissioner Wodtke reminisced about discussing this
with Mr. Ecclestone of John's Island back in the 701s, and
was glad that Mr. Ecclestone had been far thinking enough to
put in a large line. He noted that Johns Island's only
concern always was to have enough water for their golf
course. Commissioner Wodtke stated that he would like to
take Mr. Lockwood's and Mr. Smith's suggestions and see what
they can come up with so we can see how we will move in the
future, but he stressed that we must recognize this is a
privately owned line and it is permitted by the St. John's
Water Management District.
Chairman Scurlock noted that Mr. Smith had stated that
no utility makes money, and he wished to point out that
there is a changing concept and in our franchises, we
guarantee a fair rate of return.
Attorney Smith made the point that the County's
franchise requires that the County can buy the facility or
it must be given to them. He had no objection to that
concept when that cost is built in, but he stated that
John's Island is not going to let the County use a franchise
to put it in the position where they can take this over. He
further noted that when he made the statement that no one
had been contacted, he had been out of the picture a long
time and was only recently called back in. He recommended
that the County not waste time talking to anyone about this
situation except him, and he would get to the source.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously (4-0)
authorized the Chairman and staff to continue
to pursue this matter as discussed.
57
MAY 16 1984 BOOK 57 PAGE 57
MAY 19 1994 BOOK 57 :PALE 58
PUBLIC HEARING - SUNSHINE TRAVEL RESORTS WATER & WASTEWATER
FRANCHISE
The hour of 10:15 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Flor
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, MOpG� Z
fina �o y e _
says that he is Business Manager of the Vero Beach Press•Joumal, a daily newspaper published m$ o o � So', .5 _
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being aaAo vnm ° ° �a ° _
a �Or n<'c=m9oo�
In the matter of_�LG:(LGL4r�i-f/ P��'r � <cn
�a3° ' o 3* n
� $
..3
a aa,°Qg3m
. .-.�
In the Court, was pub- � �' • s? o Q= ..
../ o
lashed in said newspaper in the Issues of 664yaz
��3NOa-
c ag
Afflant further says that the said Vero Beach Press -Journal is a newspaper published at °_N� -^3
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuous) 3s gn
y published to said Indian River County, Florida. each dally and has been QQmS�_ -
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun•nN'° -C
ty, Florida, for a period of one year next preceding the first publication of the attached copy of w �0 3 e 3<
advertisement; and affiant further says that he has neither paid nor promised any person, firm : f
or corporation any discount, rebate. commission or refund for the purpose of securing this c �o 13; .
advertisement for publication in the said newspaper, n�<=«'
m�ma�
Sworn to and subscribed b arem thi day of ' A.D. 111 ( c 006
j no'cmm
y (B as Manager)
(Clerk of the Circuit Court, Indian River County, Florida)
(SEAL)
I
Utility Franchise Administrator Joyce -Hamilton reviewed
the following memo and recommendation:
58
TO; THE HONORABLE MEMBERS OF DATE: May 7, 1984 FILE;
THE BOARD OF COUNTY CO:-1XISSIG:iERS
THROUGH: Terrance G. Pinto
Utility Services Director
SUBJECT: SUNSHINE TRAVEL RESORTS, INC,
APPLICATION TO ESTABLISH
WATER & WASTEWATER FRANCHISE
FROM; Joyce S. Hamilton REFEREUCES: 1) Resolution
Franchise Administr or a) Location Map/
Utility Services Legal Description
b) Insurance Certificate
DESCRIPTION AND CONDITIONS:
Sunshine Travel Resorts, Inc., has made an application to establish
a water and wastewater utility franchise for a 300 unit recreational
vehicle park to be located north of 92nd Street, east of I-95, south
of State Road 512 and west of 108th Avenue (Exhibit "la").
There will not be a rate schedule for this franchise due to water
and wastewater service being included in the lot rent. However,
applicant will be required to submit annually its gross operating
costs. The franchise fee and the renewal and replacement percentages
will be based on the gross operating cost of the utility.
t
ALTERNATIVES AND ANALYSES:
This department's compliance engineer has approved the certificate
of system sufficiency submitted by applicant's engineer.
Applicant will be submitting a proof of insurance certificate
shortly which will be in the amount of $1,000,000 per category and
co -name Indian River County as an additional insured (Exhibit "lb").
RECOMMENDATION:
Staff recommends approval of this franchise application and resolution.
Also, staff recommends the Board authorize the Chairman to execute
this franchise agreement.
MAY 16
Attorney Sam Block, representing the applicant, stated
that they concur with the Utility Department's recommenda-
tion and will be glad to answer any questions.
Chairman Scurlock commented that Mr. Block has been a
lead person in trying to get a subregional wastewater system
out the SR 60 corridor to avoid a proliferation of package
systems and he wished to thank Mr. Block for his cooperation
in this effort.
�
Commissioner Wodtke asked if the proposed Sunshine
Travel Resort water and sewer franchise is sized to where it
could be expanded, and Mrs. Hamilton reported that our
59
1984 BOOK 5 PAGE 59
MAY 16 1984
Boax 57 PAGE 60;
engineering specialist specifically recommended they expand
the plant to 30,000 gallons per day and they expanded to
60,000 per day.
Attorney Block commented that they are not interested
in getting into the utility business; they do realize the
county system will come out eventually.
Commissioner Wodtke noted that under our Civil Defense
plan there is provision for a washdown of vehicles at Oslo,
and it was thought there could be such a severe jam that it
might be well to establish an additional washdown point.
Attorney Block felt sure the applicant would be glad to
cooperate.
Chairman Scurlock emphasized that we are trying in
every case to see if more than one developer can cooperate
and work together to eliminate additional papkage plants.
Commissioner Bird asked if the property is already
zoned for this use, and Attorney Block confirmed that it
was.
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 (4-0)
closed the public hearing.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
adopted Resolution 84-32 Sunshine Travel Resorts,
Inc., Water and Wastewater System Franchise.
60
3
I
RESOLUTION NO.
BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida;
SEC'T'ION I
This Resolution shall be known and may be cited as the SUNSHINE
TRAVEL RESOR'T'S, INC., %,TER AND WASTETi = SYSTEM FRANCHISE.
grfvPTr)M TT
T)TM-M=TrATC
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words using the present tense include
the future, words in the plural number include the singular and vice
versa. The word "shall" is always mandatory.
(a) "County" is Indian River County Utility Services Department, a
political subdivision of the State of Florida.
(b) "County Engineer" may be "County Administrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this franchise, to
wit: SUNSHINE TRAVEL RESORTS, INC..
(d) "Board" is the Board of County Commissioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
Florida outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, plant, wells, pipes, tanks, hydrants, pumps, reservoirs,
systems, facility or other property, real or personal, used or useful or
having the present capacity for future use in connection with the
collection, obtaining, treatment, supplying and distribution of water to
the public for human consumption, fire protection, irrigation,
consumption by residential, business or industry, operation of sewage
disposal plants and, without limiting the generality of the foregoing,
A
MAY 16 1984 Boa 57 PAGE 61
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MAY'l 6 1984 Boa 57, PACE �2
shall embrace all necessary appurtenances and equipment and shall
include all property, rights, easements, licenses and franchises
relating to any such system and deemed necessary or convenient for the
operation thereof.
(h) "Wastewater System" shall mean and include any plant, system,
facility or property used or useful or having the present capacity for
the future use in connection with the collection, treatment,
purification or disposal of wastewater effluent and residue for the
public and without limiting the generality of the foregoing definition
shall embrace treatment plants, pumping stations, intercepting sewers,
pressure lines, mains, laterals and all necessary appurtenances and
equipment and shall include all property rights, easements, and
franchises relating to any such system and deemed necessary or
convenient for the operation thereof.
(i.) "Service" means supplying to a user the distribution of water
and/or wastewater and the treatment thereof.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or wastewater system in order to
utilize the Utility°sservices.
SECTION III
GRANTING OF FRANCHISE
1. There is hereby granted by the County to the Utility the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water and/or wastewater system as herein defined
within the described territory as herein provided and for these purposes
to sell and distribute treated water and/or wastewater within the
territory, and, for these purposes to establish the necessary facilities
and equipment and to lay and maintain the necessary lines, pipes, mains
and other appurtenances necessary therefore in, along, under and across
the public alleys, streets, roads, highway and other public places of
the County; provided, however, that the County reserves the right to
permit the use of such public places for and all other lawful purposes
.and subject always to the paramount right of the public in and to such
public places for a period of ninety-nine (99) years.
2. The Utility shall, at all times during the life of this
franchise, be subject to all lawful exercise of the police power and
regulatory authority of the County and to such regulation as the County
shall hereafter by resolution provide, provided however, such
regulations shall not be inconsistent with the terms hereof.
K
3. The Utility shall supply the County with copies of its
Department of Environmental Regulation monthly operating reports and
trouble reports, if any.
4. The right is hereby reserved to the County to adopt, in
addition to the provisions herein contained and existing applicable
resolutions or laws, such additional regulations and increase fees and
charges as it shall find necessary in the exercise of the police power
and lawful authority vested in said County, provided that such
regulations shall be reasonable and not conflict with the rights herein
granted and not in conflict with the laws of the State of Florida. The
County shall have the right, but not the duty, to inspect all
construction or installation work performed.
5. Franchisee understands that the County is now considering the
extension of the County water and/or wastewater system to this franchise
area. Should the County extend the county system, this shall be
considered a temporary water and/or wastewater franchise and upon the
demand of the County, franchisee shall discontinue its water and/or
wastewater operation and immediately connect to the County system and
shall pay to the County all the sums due under the County's standard
schedule of rates and fees.
SECTION IV
The territory in which this franchise shall be applicable is all
that part of Indian River County, Florida, located within the following
described boundary lines, to wit:
See Exhibit "A" attached hereto and incorporated herein.
SECTION V
HOLD HARMLESS CLAUSE
It is expressly understood and agreed by and between the Utility
and the County that the Utility shall save the County and members of the
Board harmless from any loss sustained by the County on account of any
suit, judgment, execution, claim or demand whatsoever resulting from
negligence, or intentional wanton, willful and reckless Acts on the part
of the Utility in the construction, operation or maintenance of the
water and/or wastewater system under the terms of this franchise. The
parties agree that in the construction of this section, the claim of any
person resulting from negligence on the part of the Utility may be
prosecuted directly by such person against the Utility. The County
shall notify the Utility promptly after presentation of any claim or
demand.
«21:Mg a : z A�
SECTION VI
3
MAY 16 1984 BOOK 57 FAGf63
� a J
MAY i G 1994
BOOK 5 l'PAG£ 1
��
1. The Utility shall maintain and operate its water/wastewater
plant and system, and, render efficient service in accordance with the
rules and regulations as are or may be set forth by the Department of
Environmental Regulation and the Board from time to time, which shall
include but not be limited to "Construction Specification for Water
Treatment/Distribution and Sewage Treatment/Collection Facilities"
promulgated by Indian River County Utilities DeparttLe t, July 1980, or
as amended. The County shall require the Utility to comply with the
above standards. Prior to the issuance of a construction permit, the
Utility's project engineers shall certify to the County that the design
standards as set forth in said "Construction Specifications" of Indian
River Utilities Department, July, 1980, or as amended, will be met by
completion of the project as shown on the plans submitted. The Utility
shall cause said certification to be submitted to the County along with
the Florida Department of Environmental Regulation applications and
plans, for County review. Submission to the County for review may occur
simultaneously with submission of said documents to the Florida
Department of Environmental Regulation. Upon approval by the county of
the plant and system, a permit shall be issued to the Utility for the
construction thereof.
2. Prior to the issuance of a construction permit, certification
from the Indian River County Fire Department must be obtained certifying
fire flow requirements have been met.
3. Upon the completion of all construction of the water and
wastewater treatment plants and distribution and collection systems, the
project engineer for the Utility shall certify, under seal, that the
system has been constructed substantially in accordance with the plans
and specifications previously approved and that the systems meet all of
the standards required by the County. The certification shall include
submission to the County of two sets of "as-built"(as defined by the
County) drawings, consisting of one set in reproducible vellums and one
set of regular blueline prints; and that the systems meet all of the
standards required by the County, including pressure and leakage tests,
chlorination and bacteriological tests, infiltration and exfiltration
tests. Upon receipt of certification from the engineer, the County will
issue a letter approving the construction of the water and wastewater
systems. No service is to be provided to customers until such time as
the County issues a letter of acknowledgment. The issuance of said
letter shall not be unreasonable withheld. The Utility shall grant
necessary easements to the County without charge to connect the water
and/or wastewater system to the County Master Water and/or Wastewater
System together with such easements as are necessary to provide access
to the water and/or wastewater system, where and if the County makes
water and/or wastewater service available to the project. The Utility
shall pay a one thousand dollar ($1,000) franchise application fee at
the time of the submission of the franchise application, and agrees to
4
pay all other fees which may be applicable during the operation of the
system.
gT7r TTOM i7TT
CERTIFICATION OF OPERATIONS AND MAINTE iCE
1. All of the facilities of the Utility shall be constructed in
accordance with the plans and specifications approved by the Department
of Environmental Regulation of the State of Florida and Indian River
County Utilities Department. The manner.of treatment and distribution
of water and the manner of collection and disposal of wastewater shall
at all time be and remain not inferior to the quality standards for
public water distribution and public sewage collection and other -rules,
regulations and standards now or hereafter adopted by the Department of
Environmental Regulation of the State of Florida, or other governmental
body having jurisdiction, including Indian River County.
2. The Utility shall supply the County with an annual report of
operations and maintenance certified by the Utility Engineer who must be
registered in the State of Florida.
SECTION VIII
UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES
1. The Utility shall have the authority to promulgate such rules,
regulations, terms and conditions covering the conduct of its business
as shall be reasonable necessary to enable the Utility to exercise its
rights and perform its obligations under this franchise and to issue an
uninterrupted service to each and all of its consumers; provided,
however, that such rules, regulations, terms and conditions shall not be
in conflict with the provisions hereof or with the laws of the State of
Florida and all of the same shall be subject to the approval of the
Board.
2. At all times herein where discretionary power is left with the
Board of County Commissioners, the Utility, before discretionary action
is taken by the Board of County Commissioners, can request said Board
that a group of arbitrators be appointed and such group shall consist
of:
a) County Utilities Director
b) Utility Engineer
c) One person selected by the above two persons
and this Board of Arbitrators shall make recommendations to the Board of
County Commissioners, but such recommendations are not mandatory. Any
arbitration shall be in accordance with the Florida Arbitration Code.
3. Any final decision the arbitrators or Board may have with
respect to this franchise can be appealed to the Circuit Court of Indian
River County by either party.
5
BOOK 57 PAGE 65
MAY 16 1984 J
r
MAY1 6 1984 Boa 7 pAGE k
CT.Y*PTrNM TX
DEDICATED EASEMENTS .
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
and manholes and other fixtures laid or placed by the Utility for the
water and/or wastewater system shall be so located in the dedicated
easements in the County after approval by the County Engineer so as not
to obstruct or interfere with other uses made of such public places
already installed. The Utility shall, whenever practicable, avoid
interfering with the use of any street, alley or other highway where the
paving or surface of the same would be disturbed. In case of any
disturbance of county -owned pavement, sidewalk, driveway or other
surfacing, the Utility shall, at its own cost and expense and in a
manner approved by the County Engineer, replace and restore all such
surface so disturbed in as good condition as before said work was
commenced and shall maintain the restoration in an approved condition
for a period of one (1) year. In the event that any time the County
shall lawfully elect to alter or change the grade or to relocate or
widen or otherwise change any such County -owned right-of-way, the
Utility shall, upon reasonable notice by the County, remove, relay, and
relocate its fixtures at the Utility's expense. The Utility shall not
locate any of its facilities nor do any construction which would create
any obstructions or conditions which are or may become dangerous to the
traveling public. In the event any such public place under or upon
which the Utility shall have located its facilities shall be closed,
abandoned, vacated or discontinued, the Board may terminate such
easement or license of the Utility thereto; provided, however, in the
event of this termination of easement, the party requesting such
termination shall pay to the Utility in advance, its cost of removal and
relocation of the removed facilities in order to continue its service as
theretofore existing, or the County shall retain an easement not less
than fifteen (15) feet in width for the benefit of the Utility and its
facilities.
SECTION X
SERVICE REQUIREMENTS
The Utility shall provide service within the franchise territory on
a non-discriminatory basis as if it were regulated under Florida Statute
Chapter 367 (1980), except to the extent that said provisions are in
conflict with the provisions of the franchise.
SECTION XI
AVAILABILITY OF SERVICE
1. Subject to the provisions of Section XI (b) the Utility shall
furnish, supply, install and make available to any and all persons
within the franchise territory making demand therefor, its public water
and/or wastewater system, and shall provide such demanding person with
C.1
its services and facilities; provided, however, that the Board may, upon
application of the Utility extend time for providing such service to
such demanding person. In the event the Utility fails to provide its
services and facilities as an water and/or wastewater system to any area
within the franchise territory within the time specified by the Board,
then in such an event, the County may, by resolution of the Board,
limit, restrict and confine the territory to that area then being
serviced by the water and/or wastewater system by the Utility or such
greater area as the Board shall determine; and thereafter, the territory
shall be only the area set forth, in the resolution adopted by the
Board.
2. The Utility shall not be required to furnish, supply, install
and make available its public water and/or wastewater system to any
person within the franchise area unless the same may be done at such a
cost to the Utility as shall make the addition proposed financially
feasible. Financially feasible shall mean that a fair and reasonable
rate of return shall be realized by the Utility for all its services
under this franchise; that such rate of return on its rate base under
efficient and economical management. The burden of showing that
prospective service to the area is not financially feasible shall be the
burden of the Utility.
QVf"wPTrWT XTT
TRANSFER OF OWNERSHIP
1. The Utility or its shareholders shall not sell or transfer its
plants or systems or stock to another nor transfer any rights under this
franchise to another without the approval of the Board. No such sale or
transfer after such approval shall be effective until the vendee,
assignee or lessee has filed with the Board an instrument in writing
reciting the fact of such transfer and accepting the terms of this
franchise and agreeing to perform all of the conditions thereof. In any
event, this franchise shall not be transferable and assignable until
notice or request for transfer and assignment shall be given by the
Utility to the Board in writing acconpanied by a request from the
proposed transferee, which application shall contain information
concerning the financial status and other qualifications of the proposed
transferee and such other information as the Board shall require.
2. A public hearing may be held on such request, of which notice
shall be given by publication in a newspaper regularly published in the
County at least one time not more than one month or less than one week
preceding such hearing. Certified proof of publication of such notice
shall be filed with the Board.
3. The Board shall act within ninety (90) days upon such
request. The consent by the Board to any assignment of this franchise
shall not be unreasonably withheld. Any sale or transfer by the Utility
or partners of the Utility taking place contrary to the terms and
7
BOOK .57 PAGE 67
r
MAY 16 1994 BOOK 57 PAGE
conditions of this paragraph shall be considered by the Board to be a
default by the Utility under this franchise agreement and subject this
franchise to termination.
SECTION XIII
ADEQUATE CAPACITY
Utility warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or wastewater
service unless adequate capacity is available at the time any new
connection is made.
CrmTnTl V 11
NO'T'ICE OF ADJUSTMENT OF RATES
Upon the initial connection of any customer to the water/wastewater
system or upon the reconnection of any new customer to the
water/wastewater system, the Utility shall furnish, by mail, a notice
setting forth the rate schedule then in effect and further containing
the following statement:
"The water/wastewater rates set forth herein
have been authorized pursuant to Indian River County
Water/Wastewater Franchise Resolution No. 84-32 as
amended. Said water/wastewater rates are subject to
adjustment pursuant to said Resolution upon proper showing by
the Utility. Said rates are also subject to adjustment in
the event the water/wastewater franchise is terminated
and Indian River County commences to furnish
water/wastewater service to your property."
SECTION XV
RATE SCHEDUIE
1. The rates charged by the Utility for its service hereunder
shall at all times be compensatory and shall be fair and reasonable and
designed to meet all necessary costs of the service, including a fair
rate of return on the Utility's investment under efficient and
economical management. The Utility agrees that the County has the
authority to enter into this Franchise Agreement and the regulation of
said Utility. Utility agrees that it shall be subject to all authority
now or hereafter possessed by the County or any other regulatory body
having competent jurisdiction to fix just, reasonable and compensatory
rates. When this franchise takes effect, the Utility shall have
authority to charge and collect, but not to exceed, the schedule of
rates set at a public hearing for that purpose which shall remain
effective until changed or modified as herein provided. In setting said
rates, the County shall be guided by the standards set forth in Florida
Statute 367.081 relating to the establishment of rates and charges. In
any event, the Utility shall always be responsible for justifying its
1.9
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proposed rates and charges by the submission of accounting and
engineering data to the County Utilities Director. Rates and charges
may be amended, upon proper justification by the Utility. Other
provisions of this ordinance deal with the mechanisms of the setting of
rates and charges.
2. The Utility shall at any time, when requested by a consumer,
make a test of the accuracy of any meter; prior, however, to any test
being made by the Utility, the sum of ten dollars ($10.00) shall be
deposited with the Utility*by the party requesting such test. Such sum
shall be returned if the test shows the meter to be inaccurate in its
delivery. If the meter is inaccurate, the meter will be repaired or
changed, and should the meter reading calibrate too high, a billing
adjustment will be made for no more than the past six months actual
readings. Whenever it is necessary to shut off or interrupt service for
the purpose of making repairs or installations, the Utility shall do so
at such times as will cause the least amount of inconvenience to its
consumers and, unless such repairs are unforeseen and immediately
necessary, it shall give not less than five (5) days' notice thereof to
its consumers for non -emergencies.
3. (a) The approved rates of any utility which receives all or
any portion of its utility service from a governmental agency or from a
water or sewer utility regulated by the Board and which redistributes
that service to its utility customers shall be automatically increased
or decreased without hearing upon verified notice to the Board 30 days
prior to its implementation of the increase or decrease that the rates
charged by the governmental agency or other utility has changed. The
approved rates cf any utility which. is subject to an increase or
decrease in the rates that it is charged for electric power or the
amount of ad valorem taxes assessed against its property shall be
increased and decreased by the utility, without action by the Board,
upon verified notice to the Board 30 days prior to its implementation of
the increase or decrease that the rates charged by the supplier of the
electric power or the taxes imposed by the governmental body have
changed. The new rates authorized shall reflect the amount of the
change of the ad valorem taxes or rates imposed upon the utility by the
governmental agency, other utility or supplier of electric power.
Provisions of the subsection shall not prevent a utility from seeking
changes in rates pursuant to the provisions of subsection.
(b) Before implementing a change in rates under this
subsection, the utility shall file an affirmation under oath as to the
accuracy of the figures and calculations upon which the change in rates
is based, and that the change will not cause the utility to exceed the
range of its last authorized rate of return.
(c) If, within 24 months of an adjustment in the rates as
authorized by this subsection, the Board shall find that a utility did
thereby exceed the range of its last authorized rate of return, it may
7
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MAY 16 1984 BOOK
MAY 1'6 1984 BOOK 5 / •PAGE 70 a
order the utility to refund the difference to the rate payers. This
provision sha-1 not be construed to require a bond or corporate
undertaking not otherwise required.
(d) Notwithstanding anything herein to the contrary, no
utility may adjust its rates under this subsection more than two times
in any 12 month period.
CONNDC'I'ION CHARGE/CAPACITY DEMAND FEE
Connection charges shall be established by public hearing held in
conjunction with public hearing held for setting the rates.
FRANCHISE FEE
l.' The Utility hereby agrees to pay to the County a franchise fee
in the amount of six percent (6%) of the Utility's annual gross receipts
or operating costs (which includes the rate of return) in the event
Utility does not have a rate schedule (or the sum of five hundred
dollars ($500), whichever is greater), derived from monthly service
charges to defray the cost of regulation and for use of County
rights-of-way and public places. The Utility shall pay the 6% franchise
fee quarterly. Said fee shall be shown as a separate additional charge
on utility bills.
2. The Utility shall.supply the County with a copy of the
Utility's annual report and financial statements. All records and all
accounting of Utility shall be in accordance with the Uniform System of
Accounts of the National Association of Regulatory Utilities
Commissioners and general accepted accounting principles. Within ninety
(90) days after close of fiscal year, the Utility shall submit financial
statements prepared by a CPA and in accordance with general accepting
accounting standards and NARUC. Upon demand by the Board the Utility
will submit audited financial statements certified by a CPA. Also, a.
letter from a CPA certifying that the six percent (6%) franchise fee and
the two and one-half percent (22%) renewal and replacement account has
been collected and disbursed in accordance with the terms of this
Agreement.
SECTION XVI
Escrow Charges
1. The Utility agrees to pay a fee in the amount of the currently
imposed contribution in aid of construction for each unit in effect at
the time of the issuance of a certificate of occupancy, as a
contribution in aid of construction charge (for future connection to
County water distribution mains or wastewater collection systems) as
provided for in Ordinance 80-21, Section 3, Part B. Utility further
agrees to pay a sum per ERC for water and wastewater plant capacity
charge, as each unit is completed as the future plant capacity charges
as provided for in Ordinance 80-22, Section 1 or according to the
all
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Ordinances in effect at the time of the issuance of a certificate of
occupancy.
2. The County will deposit all escrow charges paid for any and
all connections in this franchise into an interest bearing account.
Maximum interest paid shall be equal to passbook rates. The fees
referenced in this section are subject to the escalation provisions of
Section XIV contained herein, using the County factor established in
Ordinance 80-21 and 80-22. The fees referenced in this Section shall
always be reasonable.
3. Throughout the term of this franchise, the Utility shall be
entitled to any and all interest which shall be paid annually on or
before September 30th of each year to the Utility. The Utility shall be
entitled to an accounting of said interest bearing account annually upon
request made by it to the County.
4. Should the County at any time provide a water distribution
system and/or wastewater collection system and furnish water and/or
wastewater services to individual customers within the franchise
territory, the sums of money remaining in said account consisting of
plant capacity charges and contributions in aid of construction charges
shall become the absolute property of the County and the Utility shall
have no rights thereto. In such event, the Utility shall be absolved
from the obligation of payment of further connection charges to the
County and this franchise shall terminate.
a) The County shall have the right to purchase the
Utility's water and/or wastewater plant at Utility's original
construction cost, land cost, plus costs associated with capital
additions and expansions to the system less three and one-half percent
(320) depreciation per year. Depreciation on the system shall be
calculated to start at the time the County issues a letter acknowledging
the construction of the water and/or wastewater system as provided in
Section VI. Upon acquisition of the water and/or wastewater plant and
appurtenant real estate, the County would then own the entire water
and/or wastewater system and would terminate this franchise and provide
water and/or wastewater utility service to the franchise territory. All
accumulated escrow fees would vest in the County.
b) In the event of an acquisition by the County, or the
utilization of the County's own plants, the County shall receive the
water distribution and/or wastewater collection system free of cost and
in good repair, wear and tear excepted. The Utility agrees to grant to
the County any easements necessary to connect the water and/or
wastewater system to the County's water/wastewater systems without
charge. The Utility shall pay all escrowed impact fees upon acquisition
or upon connection to County's own plants.
c) If in the event the County determines that it will
not exercise its option under item #4(a) within seven (7) years,
escrowed contributions in aid of construction or impact fees shall
11
BOOK 5 I PAGE
71
MAY 16 1984
BOOK 5 PAGE 72"
become part of the renewal and replacement fund and may be used as
described within Section XVII, RENEWAL & REPLACE DU ACCOUNT. If at any
time thereafter the County takes possession or makes use of the utility
systems, all contributions in aid of construction funds collected will
vest to the County and those funds which have been expended or an equal
amount would be deducted from any purchase price.
SECTION XVII
P12gEVML & REPLACEMENT ACCOUNT
Two and one half percent (2z%) of the operating cost of the Utility
shall be placed in an interest bearing renewal and replacement account
for purposes of renewal and/or replacement of the capital assets of the
water and/or wastewater system of the Utility. Additionally, the
Utility shall initially fund said account with two thousand dollars
($2,000) which will also be reserved for capital maintenance items.
Interest.shall accumulate in said account until the account reaches ten
thousand dollars ($10,000); thereafter interest shall be paid to the
Utility annually. Said funds shall be used as a sinking fund and
applied only for renewal and/or replacement of the water and/or
wastewater system by the Utility as the need arises; the percentage
required to be placed in the renewal and replacement account may be
amended after review by the County as necessary to maintain a sufficient
account balance taking into account the general condition of the system.
The County is granted the right to make necessary repairs using said
funds in the event of default on the part of the Utility in maintaining
the quality standards established herein. In the event that the County
purchases the corporation's utility system pursuant to the provisions of
this franchise as stated above, then any funds in said renewal and
replacement account shall vest in the County.
SECTION XVIII
INSURANCE
1. The Utility shall at all times maintain public liability and
property damage insurance in such amounts as set forth in, to wit:
Exhibit "B" attached hereto and incorporated herein.
2. The Utility shall cause the County to be duly notified by the
insurer in the event of any modifications or deletions of the insurance
as set forth in said Exhibit "B". Said amounts shall be adjusted by the
Utility, as shall be required from time to time by the Board in
accordance with good business practices as determined by safe business
standards as established by the Board for the protection of the County
and the general public and for any liability which may result from any
action of the Utility.
12
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3. Said insurance shall co -name Indian River County as an
additional isured.
4. Certificate of insurance shall be filed with the County
annually.
SECTION XIX
CONSUMER COMPLAINTS
If any written complaint is filed with the Board by any persons
serviced by the Utility under this franchise, the Board shall first
determine whether reasonable cause exists with respect to said
complaint. If the Board finds reasonable cause does exist, the Board
shall so notify the Utility and request the Utility to satisfy or remedy
such complaint. If the Utility fails, within a reasonable time, to
satisfy or remedy such complaint or objection, the Board may review same
according to the provisions hereof. If the Board enters its order +
pursuant to such hearing and the Utility feels it is aggrieved by such
order, the Utility may seek review of the Board's action by petition for
Writ of Certiorari filed in the Circuit Court of the County; otherwise
the Utility shall promptly comply with the order of the Board.
GFf'TTnNT YY
1. Should the Utility desire to establish rates and charges or
should the Utility desire to increase any charges heretofore established
and approved by the Board, then the Utility shall notify the Board in
writing, setting forth the schedule of rates and charges which it
proposes. The Utility shall pay any rate structure review fee as the
County may then have in effect and shall furnish the County with all
information requested by the County that is pertinent to the proposed
new rate schedule.
2. A public hearing shall then be held on such request, of which
notice shall be given by publication in a newspaper regularly published
in said County at least one time not more than one month or less than
one week preceding such hearing. Certified proof of publication of such
notice shall be filed with the Board.
3. Said hearing may thereafter be continued for a reasonable time
as determined by the Board. If the Board enters an order pursuant to
such hearing and the Utility feels aggrieved by such order, then Utility
may seek review of the Board's action by filing a petition for Writ of
Certiorari in the Circuit Court of the County. The Board shall act on
the rate request within ninety (90) days following the public hearing.
SECTION XXI
CONSTRUCTION PERMITS
Prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application
to and obtain any required permits from the.County authorizing said
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MAY 16 1984
BflflK ' 57 PnE 73
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MAY 16 1994
BOOK 57 mu 74
construction in the same manner as permits are authorized in the County
for the use of the public roads as shall now or hereafter be established
by regulations of the County. The County shall have the right when
special circumstances exist to determine the time during which such
construction shall be done.
SECTION XXII
DEFAULT OF FRANCHISE
1. If the Utility fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default.
2. If the Utility fails to remedy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
per day that said deficiency or default exists from the date of said
hearing held by the Board; and the Board may further limit or restrict
this franchise or franchise territory or may terminate and cancel the
same in whole or in part if proper reasons thereby are found by the
Board. If the Board enters an order.pursuant to such hearing and the
Utility feels aggrieved by any such order, the Utility may seek review
of the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the County.
SECTION XXIII
RIGHTS OF LANDOWNERS
Nothing in this franchise shall prevent landaeners from exercising
their vested rights or privileges as set forth and contained in any
license issued to any utility heretofore granted by the Board pursuant
to Section 125.42, Florida Statutes.
SECTION XXIV
It is specifically agreed by and between the parties hereto that
this franchise shall be considered a franchise agreement between the
Utility and the County and as such a contractural instrument recognized
under the Statutes and Laws of the State of Florida. This franchise
agreement is not intended to create rights or actions running in favor
of third parties, except as herein specifically provided.
14
SECTION XXV
NON-PERFORMANCE
Provisions herein to the contrary notwithstanding, the Utility
shall not be liable for the non-performance or delay in performance of
any of its obligations undertaken pursuant to the terms of this
franchise where said failure or delay is due to causes beyond the
Utility's control, including, without limitation, causes such as "Acts
of God", unavoidable casualties, labor disputes, etc.
y5 •mgwal
EXECUTION OF FRANCHISE
If any word, sections, clause or part of this resolution is -held
invalid, such portion shall be deemed a separate and independent part
and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, The Board of County.Comnissioners of Indian
River County, Florida has caused this franchise to be executed in the
name of the County of Indian River by the Chairman of the Board of
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of County
Commissioners adopted on the 16th day of May , 1984.
Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA
in the presence of:
By
T—y— Don C. Scurlock, Jr., Cha'
dn
Board of County Commissioners
� r /
Attest: a
Clerk".
Approved as fiorm
and legal t a c
ACCEPTANCE OF FRANCHISE
B
K Brandenb
SUNSHINE TRAVEL RESORTS, INC., does hereby ac e t t
franchise and for their successors and assignsv.__,
s
doeFier y co
agree to comply with and abide by all of the terms, conditions and
provisions therein set forth and contained.
DATED at Marshfield, Plymouth County, Mass. this A/" day
of ��,�, P , 1984.
1,�`i-��
SUNSHINE TRAVEL RESORTS, INC.
^ r
By `
WILLIAM J. CHAS , PRESIDENT
15
BOOK 57 PAGE '75
MAY 16 1994
I
COMMONWEALTH OF MASSACHUSETTS
PLYMOUTH, SS
BOOK 57- PACE 76
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared WILLIAM J. CHASE, and he acknowledged before me that
he executed the foregoing instnment for the uses and purposes therein
expressed.
WITNESS my hand and official seal in the State and County aforesaid
this day of , 1984.
No-rt�ary/ Public, State of Massachuo;dttsE''
My Commission expires:
�. V
16
i
N
p
a
107th AVENUE
G(33@003
33
35
37
X39
41
43
X29
14
'I's
36
22
2
I 24
28
30
31
33
35
37
X39
41
43
45
32
3
36
3B
40
42
44
46
1001h AVENUE
47
49
51
53
55 57
59 O
48
50
52
54
54 58
60 c'o2
I
V,
INTERSTATE ea
8 1 E
L
" v �>Z^ RF1425
Z: m'° $M_" NAMIC TESTING a ENGINEERINGINC. .1�.«t:
jrz O SOUTH VOLUSIA AVENUE SUNSHINE TRAVEL RESORTS
t BO% 1001
I) NGE CITY, FLORIDA mas
f
Q
7o-
SUNSHINETRAVEL RESORTS"
INTERSTATE ea
8 1 E
L
" v �>Z^ RF1425
Z: m'° $M_" NAMIC TESTING a ENGINEERINGINC. .1�.«t:
jrz O SOUTH VOLUSIA AVENUE SUNSHINE TRAVEL RESORTS
t BO% 1001
I) NGE CITY, FLORIDA mas
f
r 16 1984
QUIT -CLAIM DEED
F7� 84
RAMCO FORM 8
d
�
BOOK PAGE 7O
This Quit-Clah Dred.. Executed this 97 day of February
%L9 WILLIAM
first party, to
SUNSHINE
J. CHASE and ROS ARY F. CHASE, his wife
TRAVEL RESORTS, INC., a Florida corporation
whose postof Tice address is 910 Frangi Pani Dr., Barefoot Bay, Florida
second party:
, A. D. 1984 , by
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context
so admits or requires.)
' ' RUSSA, Thai the said first party, for and in consideration of the sum of S 10.00 ---------
in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re-
lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which
the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being
in the County of Indian River State of Florida , to -wit:
SEE ATTACHED EXHIBIT "A"
AMT. S '
Er:0'� iVR{6biT, Clerk. of cirewt Court
✓ Gry
tn3ian River County - M',
_-
'.
^:Z7
w
C)
C.
f:
C
✓�
c 1
.L
<
00
r- _
10 flaue and to Bold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said
second party forever.
n i USS CrEff, The said first party has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in presence of:
_-•................................. .-=
Wll.LIAM J. CHASE
..------•---...--•• ........................
ROSEMARY F.,,,CHASE, his wife
STATE F FL IDA,
COL: I l' FAL
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
WILLIAM J. CHASE and ROSEMARY F. CHASE, his wife
r�
to me known to be the person described in and who executed the foregoing instrument and they acknowledged
before me that they executed the same. O
WITtiESS my hand and official seal in the County andSt a last 7foresaid.. 4-7 y day of d
February A. D. 19$4,.
Notary-Putt1T S ate o �lorida"at aF'
Large.- My C Mission Expires:
N07A1t7 fug IL L STATE OF Fl. ORID1C
7N•Y COMMISSION.EXFyLrS ju,Nc 16 1986 i
gNDiD THRU-�Rj{`,1AK _ p
- David A. Cairns, -Esq. O
Pi' Illsininicii/ prcpnred 1}•: 2127 10th Avenue
3d
Vero beach, :F*l'3296QATNT "A"
1
PARCEL I: From the NE corner of the SW 1/4 of the SE 1/4 of Section 20,
Township 31 South, Range 38 East, Indian River County, Florida;
run South 0"32'37" West along the East line of the aforesaid SW 1/4
of SE 1/4 a distance of 649.15 feet to the Point of Beginning
_. of the parcel to be herein described. From said Point of Beginning
continue South 0`32'37" West along said line 544.50 feet, thence run
North 89°15'23" West a distance of 863.87 feet to the Easterly right-
of-way line of I-95; thence following said right-of-way line run
North 8°33'06" East a distance of 331.61 feet; thence North 10 46'50"
East a distance of 219.32 feet; thence leaving said right-of-way
line run South 89°15'23" East a distance of 778.69 feet more or less
to the'Point of Beginning. Containing 10.298 Acres more or less.
PARCEL II: From the NE corner of the SW 1/4 of the SE 1/4 of Section 20,
Township 31 South, Range 38 East, Indian River County, Florida;
run South 0°32'37" West along the East line of the aforesaid SW 1/4
of SE 1/4, a distance of 1193.65 feet to the point of beginning
of the parcel to be herein described. From said Point of Beginning
continue South 0°32'37" West, a distance of 138.36 feet to the NE cor-
ner of the NW 1/4 of the NE 1/4 of Section 29, Township 31 South,
Range 38 East; thence run South 0`39'37" West along the East line of
said NW 1/4 of NE 1/4, a distance of 406.14 feet; thence run North 89'
15'23" West 922.25 feet to the East right-of-way line of 1-95;* thence
following said right-of-way line run North 2°59'28" East 170.69 feet;
thence North 8°33'06 " East, 377.41 feet; thence leaving said right-
of-way line, run South 89°15'23" East 863.87 feet more or less to the
.Point of Beginning. Containing 11.24 Acres more or less.
PARCEL III From NE corner of SW 1/4 of the SE 1/4 of Section 20, Township 31 South,
Range 38 East, Indian River County, Florida; Run South 0°32'37" West along
East line of aforesaid SW 1/4 of SE 1/4 a distance of 299.15 feet to the
Point of Beginning of the parcel to be herein described. From said Point
of Beginning continue South 0°32'37" West along said line 350 feet; thence
run North 89°15'23" West a distance of 778.69 feet 'to the Easterly right-of-
way line of I-95; thence following said right-of-way line run North 10°
46'50" East, 355.33 feet; thence leaving said right-of-way line run South
89°15'23" West a distance of 715.55 feet more or less to the Point of Begin-
ning. Containing 6.256 Acres more or less.
PARCEL IV: Commencing at the NE corner of the NW 1/4 of the NE 1/4 of Section 29,
Township 31 South, Range 38 East, run South 0039'37" West along the East
line of said NW 1/4 of the NE 1/4 a distance of 406.14 feet to the Point
of Beginning. From the Point of Beginning continue South 0039'37" West
234.97 feet; thence North 89°75'23" West 932.47 feet to the East right-of-
way of I-95; thence North 2059'28" East 235.15 feet along said right -of -.ay
thence South 8 9 15'23" East 922.91 feet to the Point of Beginning. All
of the above situate in Indian River County, Florida. Containing 5.00
acres, more or less.
L . - ,
MAY 16 1984 BOOK 57 PACE
r _
TAY 16 1994
BOOK 5 7 PAGE 80
,
,e ••
��u t t e•.
e t r • e e t
to r � ,.t•
a e•t � •e t e
NAME AND ADDRESS OF AGENCY
Marshfield Insurance Agency, Inc.
COMPANIES AFFORDING COVERAGES
P.O. Box 734 769 Plain Street
Marshfield , Ma. 02050
LETTER Y A American Insurance Corrany
COMPANY
LETTER
NAME AND ADDRESS OF INSURED
COMPANY
Sunshine Travel Resorts Inc.
LETTER
COMPANY
910 Frangi Pani Drive
Bearfoot Bay, Florida 32958
LETTER
COMPANY
LETTER
This is to certify that policees of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term o► condition
Of any Contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the described herein is to the
terms, exclusions and conditions of such policies.
policies subject all
COMPANYPOLICYLimits
LETTER
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION GATE
of Lia ll
in Thousan s
EACH
AGGREGATE
OCCURRENCE
GENERAL LIABILITY
7 I
K] COMPREHENSIVE
BODILY INJURY
f f
A
FORM
LA 336 87 86
3/3/85
PREMISES—OPERATIONS
{: EXPLOSION AND COLLAPSE
PROPERTY DAMAGE
f f
HAZARD
UNDERGROUND
HAZARD
PRODUCTS/COMPLETED
0 OPERATIONS HAZARD
BODILY INJURY AND
CONTRACTUAL INSURANCE
BROAD FORM PROPERTY
ElCOMBINED
PROPERTY DAMAGE
f l,000, f11QQQt
DAMAGE
Z1
INDEPENDENT CONTRACTORS
PERSONAL INJURY
f
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
PERSON)
al 000
❑ COMPREHENSIVE FORM
(EACH
BODILY INJURY
/ /
$1,000,
A
❑ OWNED
rjrQ Issued
3/3%85
(EACH ACCIDENT)
PROPERTY DAMAGE
HIRED
® NON -OWNED
f
iF
BODILY INJURY AND
PROPERTY DAMAGE
$
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
E] UMBRELLA FORM
PROPERTY DAMAGE
$ $
-
❑ OTHERTHANUMBRELLA
COMBINED
FORM
WORKERS' COMPENSATION
STATUTORY
- and
EMPLOYERS' LIABILITY
f
(EACH ACCIDENT)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSAUICLES
Recreation Vehicle Develognent Corner of Route
512 and Route 95, Indian River County,
Florida
ADDITIONAL INSURED INDIAN
RIVER COUNTY.
Cancellation: Should any of the above descrilyeg policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to UU days
mail written
notice to the below named certificate holder, but failure to '
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDEft:
Board of (Aunty Ca mnisslonerS
May 7, 1984
County of Indian River
DATE ISSUED:
1840 Twenty Fifth Street
Vero Beach; Florida 32960
AUTHO ED 7SENTATIVE
ACORD 25 (1.79)
EXTENSION OF DEED RESTRICTION — DOUGLAS ELEMENTARY SCHOOL
Chairman Scurlock reported that he has received a
letter from the Executive Director of Florida'Community
Health Centers, Inc., as follows:
�C
C.
Clewiston Community
Health Center
902 Second Street
Clewiston. Florida 334+0
(813) 983-7813
3
Indiantown Community
Health Center
650 First Street
Indiantown. Florida 33456
(305) 597-3597
Edna Pearce Lockett
Medical Center
305 N W. Fifth Street
Okeechobee. Florida 33472
(813) 763-7481
Ft. Pierce Community
Health Center
609 N. Seventh Street
Ft. Pierce. Florida 33450
(305) 481-1402
Fellsmere Community
Health Center
22 S. orange street
Fellsmere. Florida 32948
(305) 571-1331
Wabasso Community
Health Center
8455 Sixty-fourth Avenue
Wabasso, Florida 32970
Glades Childbirth
Center
1201 S. Main Street
Belle Glecie. Florida 33430
(305) 996-6415
MAY 16 1984
FLOrI�A COMMUNITY
HEALTH CENTERS, INC.
2749 EXCHANGE COURT, WEST PALM BEACH, FLORIDA 3340;
TELEPHONE: (305) 684-0600
April 25, 1984
Mr. Don C. Scurlock, Chairman
Board of County Commissioners
of Indian River County
1840 25th St.
Vero Beach, FL 32960
Dear Mr. Scurlock:
OFFICERS
Fred Sikes
President
Ida Mizell
Vice President
Elizabeth Weadock
Secretary
George White D.D.S.
Treasurer
Fred E. Diaz, M.P.H.
Executive Director
FCHC, Inc. is requesting a four month extension on the deed
restriction, regarding the Douglas Elementary School. We have
been overwhelmed by many of the necessary requirements we must
now comply with, as well as the variance necessary to proceed
with the remodelling at the School.
We, therefore, would like to get an extension until September
when the migrant season will begin again for the coming year.
At that time, we hope to offer full services from our center
in the Douglas Elementary School.
We feel many of the problems to be dealt with are being addressed
and resolved. However, many parties are involved and the time
involved in resolving these problems have caused tremendous
delays.
We have been maintaining the grounds, and much progress has been
made in cleaning up the area in anticipation of the approvals
necessary for the remodelling. We will continue this maintenance '•
so that the gains that have been made will not be lost.
We cordially thank you for your consideration in granting us an
extension until September when we can provide full services at
the site.
Sincerely,
Fred E. Diaz, B.S.N., M.P. .
Executive Director
-61
BOOK 57 PAGE 81
J
tJJ
01
OFFICERS
Fred Sikes
President
Ida Mizell
Vice President
Elizabeth Weadock
Secretary
George White D.D.S.
Treasurer
Fred E. Diaz, M.P.H.
Executive Director
FCHC, Inc. is requesting a four month extension on the deed
restriction, regarding the Douglas Elementary School. We have
been overwhelmed by many of the necessary requirements we must
now comply with, as well as the variance necessary to proceed
with the remodelling at the School.
We, therefore, would like to get an extension until September
when the migrant season will begin again for the coming year.
At that time, we hope to offer full services from our center
in the Douglas Elementary School.
We feel many of the problems to be dealt with are being addressed
and resolved. However, many parties are involved and the time
involved in resolving these problems have caused tremendous
delays.
We have been maintaining the grounds, and much progress has been
made in cleaning up the area in anticipation of the approvals
necessary for the remodelling. We will continue this maintenance '•
so that the gains that have been made will not be lost.
We cordially thank you for your consideration in granting us an
extension until September when we can provide full services at
the site.
Sincerely,
Fred E. Diaz, B.S.N., M.P. .
Executive Director
-61
BOOK 57 PAGE 81
J
MAY 16 1994
BOOK 57 PACE
Commissioner Lyons just wished to know if 4 months is
enough because we want to get this done rather than have to
go back through it again.
Mr. Diaz came before the Board speaking for Florida
Community Health Centers and stated that they very much hope
to get the work done in four months, but possibly they
should ask for six months to be safe. He did believe they
are almost at the point of resolving their problems. Mr.
Diaz informed the Board that they are going to have to put
in new systems on everything - water - sewage - parking -
and that has caused them some consternation. In order to be
able to go for a permit fairly soon, they have reached an
agreement with the Planning people where they will descale
down to a size appropriate for them to be able to use the
facility in terms of the health services operation. They are
looking at a fairly tight time frame, but are anxious to be
ready for the impact in October and November when the
migrants and ag workers are in the area. If they are
allowed to extend six months, Mr. Diaz believed they would
be in operation before then.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Wodtke, to allow Florida Commu-
nity Health Centers, Inc., a six month extension
on the deed restrictions re Douglas Elementary
School.
Commissioner Wodtke asked if Mr. Diaz is saying they
are not going to be able to make these facilities available
to the community for their recreation purposes, the hall,
etc.
Mr. Diaz explained that if the package came in to do
everything all at once, the expense for all the required
offstreet parking and paving would exceed their budget.
62
Therefore, it has been recommended that they just do part at
this time, and then at the time the other projects are
started, they will be coming back before the Commissioners.
It has been agreed that sufficient soil has been compacted
for offstreet parking on an infrequent use. Staff has been
working with them and their architects; also they are
working with the sanitation people who are helping them to
get it all put together.
Commissioner Wodtke asked if they have to replace the
sewer package plant, and Mr. Diaz confirmed that they cannot
use the sewer package plant and will have to convert over to
an actual septic system and that is in process now.
Commissioner Bird commented that apparently neither
Florida Community Health Centers nor the community can make
use of the facility at this point, and Mr. Diaz agreed, but
noted that they are improving the area and keeping up the
grounds.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Attorney Brandenburg stressed that we must make sure
the insurance remains in effect, and Mr. Diaz assured him
that it is an annual thing and it is covered.
DISPOSITION OF ORCHID ISLAND PARK PARCELS .
Commissioner Bird informed the Board that we have been
working on this for about two years with the Orchid
residents, and it is now recommended that we go ahead and
quit claim two of the smaller parcels to the property
owners, and they, in turn quit claim to us the larger
building site.
Attorney Brandenburg explained there is a very small
triangular parcel by the entrance which will be given to the
63
MAY 16 1984 BOOK 57 PAGE' 83
MAY 16 1994
BOOK 57 PAGE 84-
homeowners;
it is designated as a yacht basin and is a very
low swampy area. The parcel on the lower part of the
subdivision will become the property of the county, and we
will probably dispose of it to the highest bidder for a
homesite. The Attorney reported that he has obtained the
consent of all the residents, and he would like theBoard to
authorize his office to prepare deeds for signature by all
these people and authorize the Chairman to sign quit claim
deeds for two parcels.
Chairman Scurlock inquired about wells in this area
which we had discussed at earlier meetings, and Attorney
Brandenburg noted those were on the other triangular parcel
and this was resolved in the past.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously
(4-0) authorized the legal staff to prepare
quit claim deeds for signature of the home-
owners and for the signature of the Chairman
as recommended by the Attorney.
Jeannette Lier wished to point out that this property
is incorrectly referred to as Orchid Island; the subject
subdivision actually is Orchid Isle Subdivision located on
Pine Island.
INDIAN RIVER COUNTY FAIR CHARTER
Attorney Brandenburg explained that the Board previ-
ously was approached by the Fire Fighters Association in
regard to establishing a County Fair Charter. This is
governed by Chapter 616 of the Florida Statutes, and what it
does is gives the County Fair the approval of the state and
sets it up as a separate corporation. The Attorney
continued that staff has met several times with the Fire
64
Fighters and has come up with a draft of Articles of
Incorporation which has been approved by the Fire Fighters
Association and also formally endorsed and approved by the
state. Unlike most normal corporations this is set up by
filing a lawsuit in County Court and having a Judge formally
incorporate the fair. That would be the next step if the
Charter meets the Board's approval. He urged that the
Commission review the articles very carefully as this'is how
the fair will be governed.
Commissioner Bird reported that right now the County
crew is building fairgrounds at Kiwanis-Hobart Park to be
occupied by the Fire Fighters fair in 1985. It would be his
thought that we set up a Fair Grounds Authority advisory
committee to govern the year round activities at the County
fairground - to promote activities - to try to generate fees
and programs, etc. A part of the yearly activities that the
Fair Grounds Authority would govern would be the Fire
Fighters County Fair. That Authority, on behalf of the
County Commission, would have the responsibility of running
the fairgrounds complex year round, and we can either set
that authority up where it has autonomy and powers of its
own or it can be set up on an advisory basis with the Board
of County Commissioners having all the final decisions.
When the Fire Fighters wish to use that facility for
their annual fair, the Fair Grounds Authority would contract
with the Board of Directors of the Indian River County Fair
Charter to hold that annual event at that facility. The
Board of Directors under the Charter will be a five man
Board, with the Fire Fighters having two appointments, the
Board of County Commissioners two appointments, and a fifth
person to be appointed by mutual consent of both entities.
That Board would govern the activities of the County Fair,
and as long as that board is happy with the Fire Fighters,
they would continue to operate the County Fair.
65
MAY 16 1984 BOOK
57 PAGE 85
MAY 1 G 1984 Boa 57 PAGE 86
Chairman Scurlock stated his basic concern is that this
very likely will develop over the years into a multi-million
dollar operation, and he believed it is important for the
Commission to retain control.
Commissioner Bird noted that every improvement made on
the site will be under the ownership and control of the
County. A certain portion of the proceeds will be used to
make permanent improvements to the facility.
Fire Fighter Bill Tripp pointed out that the Fire
Fighters will want the use of the fairgrounds only two weeks
out of the year and during that period they do want to
maintain their burn fund.
Chairman Scurlock assured him that the Board under-
stands that. We just want it clear on the record that the
Commission wants to maintain overall control as this will be
a significant operation eventually.
Commissioner Bird believed just this year we will see
fencing of about 15 acres and a potable water system on
site. In addition, Daeggler Amusement Co. may be willing to
make some on site improvements.
Mr. Tripp confirmed that their contract with Daeggler
says they will assist in paving of the midway area. He
reported that R. J. Reynolds Tobacco and some other
corporations are interested in putting exhibits at the fair
this next year.
Commissioner Lyons agreed that the Fire Fighters have
been the spark plugs who have gotten us into this project,
but he does believe this corporation is broader than just
the Fire Fighter's interests.
Attorney Brandenburg explained that it is designed so
it can expand in the future. He did not want to exclude any
group that might want to participate.
Commissioner Lyons expressed concern about the makeup
of the governing board of the Indian River County Fair
66
MAY 16 1984
Charter, and Commissioner Bird felt it should be kept in
mind that that board will only function for two weeks for
the County Fair, and it has nothing to do with the Fair
Grounds Authority.
Commissioner Wodtke discussed the possibility of
holding horse shows, rodeos, etc., and believed many
organizations might like to participate and sponsor certain
aspects and possibly make financial commitments to build
facilities.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the Charter of the Indian River County
Fair, Inc., and authorized the Attorney to take
the necessary steps to have the fair incorporated.
SAID CHARTER IS ON FILE IN THE OFFICE OF THE CLERK.
SOUTH COUNTY FIRE
The Board of Comity Commissioners recessed at 11:30
o'clock A.M. in order that the District Board of Fire
Commissioners of the South Indian River County Fire District
might convene. Those Minutes are being prepared separately.
The Board of County Commissioners thereupon reconvened
at 11:34 o'clock A.M. with the same members prjesent, Commis-
sioner Bowman being absent due to illness-.
1ASTER AGREEMENT - WASTEWATER MASTER PLAN
Board members agreed they had now had sufficient time
to review the proposed master agreement discussed earlier in
the meeting.
67
BOOK '57 PAGE 8L7
MAY 16 1994 BOOK " 57 "FAc
ON MOTION by Coirmi.ssic-n er Lyons, SECONDED by
Commissioner Bird, the Board unanir.Dusly (4-0)
approved the Master Agreement for Professional
Services with Carter Associates, Inc., and
Williams, Hatfield & Stoner, Inc., a Joint
Venture,re a Wastewater Master Plan and autho-
rized the signature of the Chairman.
(Said Agreement is as follows).
68
May 2, 1984
AGREEMENT
FOR
PROFESSIONAL SERVICES
ARTICLES OF AGREEMENT made and concluded this, the AAday of May, 1984, by -and
between a Joint Venture •consisting of CARTER ASSOCIATES, INC., a Florida
corporation, 1708 21st Street, Vero Beach, Florida and WILLIAMS, HATFIELD &
STONER, INC., a Florida corporation, 2312 Wilton Drive, Wilton Manors,
Florida, party of the first part, hereinafter called the "Consultant", and
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, acting
through its Board of County Commissioners, party of the second part,
hereinafter called the "County".
WHEREAS, the County.desires to engage a consulting engineering firm to provide
general consulting and engineering services; and
WHEREAS, the County has followed the selection and negotiation process in
accordance with the Florida Consultants' Competitive Negotiation Act of 1973
M
(Chapter 287.055, Florida Statutes) as amended; and
WHEREAS, the County wishes to obtain the professional services of a consultant
to provide general consulting and engineering services as may -be adthorized by
the County from time -to -time.
NOW, THEREFORE, for and in consideration of the premises, the mutual covenants
hereinafter recited, and for other good, valuable and sufficient
considerations, the receipt of which is hereby acknowledged, the parties
hereto agree as follows:
-1-
64a/116P/050284
1994
MAY 16 BOOK 57 PACE 89
_
MAY 16 1984 ac0'
BOOK 51
May 2, 1984
ARTICLE 1. AUTHORIZATION OF WORK:
la. All work to be performed by the Consultant under this Agreement
shall be authorized in writing by the Board of County Commis-
sioners or the County Administrator as required through the
County's representative appointed in accordance with Article 7b
below.
lb. The authorization shall contain a description of the work to be
undertaken, reference to the appropriate section of this Agreement
for the performance of the work and reference to the appropriate
sedtion of this Agreement for payment of the work. Further, the
authorization shall contain a budget amount of the fee to be paid
based upon the applicable method for calculating the fee, and such
budget amount shall not be exceeded unless prior written approval
and an increase in funds available are provided by the County. In
the event the County does not approve a revised budget and
additional funding, and the need for such action is not shown to
be the fault of the Consultant, then the authorization shall be
terminated and the Consultant shall be paid in full for all work
performed to that point.
lc. The form and format of the budget described in Article lb above
shall be in sufficient detail so as to. identify the various
elements of cost and shall be subject to the approval of the
County.
ld. The authorization may contain additional provisions specific to
the authorized work for the purpose of expanding upon certain
aspects of this Agreement pertinent to the work to be undertaken.
Such supplemental instruction or provision shall not be construed
as a modification of this Agreement.
le. Authorizations shall be dated and serially numbered..
ARTICLE 2. CONSULTING SERVICES:
The Consultant agrees to provide continuing consulting, review and
advisory services.
ARTICLE 3. STUDY AND REPORT SERVICES:
The Consultant agrees to conduct engineering investigations and
studies and to prepare engineering reports and cost estimates
pertaining to specific assignments as may be authorized by the
County from time -to -time.
ARTICLE 4. PROJECT DESIGN SERVICES:
4a. The Consultant agrees to prepare detailed construction drawings,
specifications and contract documents suitable for inviting
construction bids. for such projects as may be authorized by the
County.
4b. The work shall include the preparation of an estimate of probable
cost of construction based upon completed construction plans.
- 2 -
64a/116P/050284
May 2, 1984
ARTICLE 5. GENERAL SERVICES DURING CONSTRUCTION:
5a-. The Consultant hereby agrees to furnish general engineering
services during construction of projects for which drawings,
specifications and contract documents have been previously
prepared by.the Consultant. The services shall include advice and
assistance to the County in the receipt and analysis of bids and
the award of construction contracts, advice during construction,
preparation of such sketches as are needed to resolve actual field
conditions, the review of shop drawings and working drawings
submitted by the contractors, visits to the site at intervals
appropriate -to the various stages of construction to observe 'as an
experiencedand qualified design professional the progress and
quality of the executed work of contractors and to determine 3n
general if such work is proceeding in accordance with the contract
documents, review of cost estimates for payments to the
contractors during the progress of and upon completion of the
contracts, and to oversee the final testing and final inspection
of completed works.
5b. The Consultant shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of
such work. The Consultant shall not be responsible for the means,
methods, techniques, sequences or procedures of construction
selected by contractors or the safety precautions and programs
incident to the work of contractors. The Consultant's efforts
will be directed toward providing a greater degree of confidence
for the County that the completed work of contractors will conform
to the contract documents, but the Consultant shall not be
responsible for the failure of contractors to perform the work in
accordance with the contract documents. During.such visits and on
the basis of on-site observations, the Consultant shall keep the
County informed of the progress of the work, shall endeavor to
guard the County against defects and deficiencies iR such work and
-- may disapprove or reject work failing to conform to the contract
documents.
5c. If requested by the County or recommended by the Consultant and
agreed to in writing by the County, a Resident Project
Representative will be furnished and will act as directed by the
Consultant in order to assist the Consultant in observing
performance of the work of contractors.
(1) The duties and responsibilities and the limitations ori the
authority of the Resident Project- Representative and
assistants will be set forth in Exhibit "A" which is to be
identified, attached to, and made a part of this Agreement.
(2) Through the more extensive on-site observations of the work in
progress and field checks of materials and equipment by the
Resident Project Representative (if furnished) and assistants,
the Consultant shall endeavor to provide further protection
for the County against defects and deficiencies in the work of
contractors; but the furnishing of such Resident Project Re-
presentation will not make the Consultant responsible for
construction means, methods, techniques, sequences or proce-
- 3 -
64a/116P/050284
Boa 57 PAGf •9�
MAY 16 1984
_ .I
BOOK 57 `PA6 '1
May 2, 1984
duces or for safety precautions or programs or for contractors'
failure to perform their work in accordance with the contract
documents.
ARTICLE 6. SUPPLEMENTARY AND SPECIAL SERVICES:
The Consultant agrees to furnish the following supplementary and
special services as may be authorized from time to time:
6a. To make, or to have made by others under the direction of the
Consultant, necessary field surveys (including easement plans and
descriptions) not otherwise provided by the County, traffic
surveys, subsurface explorations including the analysis thereof
required for construction plans, laboratory testing and inspection
of samples or materials, and other special studies and
consultations.
6b. To prepare necessary State and Federal grant application forms,
provide additional engineering services, special plans and
descriptions, as required, to assist the County in obtaining
various permits and approvals for construction and operation, and
to prepare for and attend public meetings and hearings-- as
requested.
6c. To furnish extra copies of drawings, specifications, contract
documents, special drawings and reports as requested by the County.
6d. To review and report on materials and equipment submittals
tendered by bidders and contractors when such submittals are
alternatives to those specified or previously approved.
6e. To review and report on claims for extras submitted by contractors.
6f. To prepare and submit proposed contract change orders when
requested by the County.
6g. To prepare a set of reproducible record drawings of the completed
work based upon marked -up prints, drawings and other data
furnished by the Contractor to the Consultant showing those
changes made during the construction process and which the
Consultant considers significant.
-6h. To revise previously approved studies, reports, design documents,
drawings and specifications.
6i: To prepare detailed renderings, exhibits or scale models of
projects.
- 4 -
64a/116P/050284
May 2, 1984
ARTICLE 7. COVENANTS BY THE COUNTY:
The County hereby covenants and agrees:
7a. To promptly, pay the fees to the Consultant in the amounts and at
the times specified herein.
7b. To appoint a•single representative with respect to work to be
performed under this Agreement. This representative shall have
authority to transmit instructions, receive information, interpret
and define the County's policy and decisions pertinent to the work
covered by this Agreement.
ARTICLE 8. PAYMENT FOR SERVICES:
The County agrees to pay the Consultant for all services
authorized .and performed in accordance with the following schedule
subject to the upper limit set out in each authorization as
described in Article 1:
8a. For the consultations, review and advisory services as described
in Article 2, the investigations, studies and reports as described
in Article 3, project design services described in Article 4,
construction described in Article 5, and the supplementary and
special services described. in Article 6, the fee shall be the
following Items (1) through (3) unless the method of payment is as
described in 8b or 8c:
(1) A list of hourly rates (Schedule of Hourly Rates) is set forth
in Exhibit "B" which is identified, attached to, and made a part
of this Agreement. It is recognized that the rates listed in
Exhibit "B" will be adjusted annually to reflect changes in the
cost of living index. A new Exhibit "B" will be submitted and
become effective annually on the anniversary date of this
Agreement.
(2) Out-of-pocket travel and subsistence expenses when authorized
by the County. Out of Indian River County travel when authorized
shall be at the mileage rate currently in effect for' County
personnel. Payment for in -county travel is not authorized except
when authorized in conjunction with Resident Project
Representation for specific construction projects. In such case
the amount of payment shall be at the mileage rate currently in
effect for County personnel.
(3) A list of non -salary costs (Schedule of Reimbursable Expenses)
is set forth in Exhibit "C" which is identified, attached to, and
made a part of this Agreement.
- 5 -
64a/116P/050284
MAY 16 1984
BOOK 57 PAGE
FF, - - - .1. 1
MAY 19 1984
BOOK 57 94
May 2, 1984
8b. For the detailed construction drawings, specifications and
contract documents and all work described in Article 4, a lump sum
fee to be mutually agreeable at the time when the authorization is
considered. In determining the lump sum fee due consideration
shall be given to the schedule of fees for design and general
services during construction as described in the current edition
of American Society of Civil Engineers Manual No. 45 (Article 6,
pages 28, 29,•30, 31, 32 and 33) and any revisions thereto.
8c. Such other method or methods for calculating the fee as may be
mutually agreed by the parties hereto.
8d. All fees shall be due and payable monthly. The amount due shall
be determined as the costs are incurred for services performed
under Article 8a above and in proportion to the work completed to
the total work for services performed under Article 8b and 8c
above, subject to the upper limit set out in the authorization as
described in Article 1.
ARTICLE 9. TERMINATION:
9a. This Agreement may be terminated by either party by thirty (30)
days written notice. If terminated, the Consultant shall be paid
in accordance with Article 8 herein for all work previously
completed as authorized under this Agreement, to the date of
Notice of Termination.
9b. Consultant shall furnish reproducible copies of all reports,
drawings and specifications developed pursuant to this Agreement,
however, all documents including drawings and specifications
furnished by Consultant pursuant to this Agreement are instruments
of his services in respect of the Project. They are not intended
or represented to be suitable for reuse by County or others on
extensions of the project or on any other project. Any reuse
without specific written verification or adaptation by Consultant
will be at County's sole risk and without liability or legal
exposure to Consultant, and County shall indemnify and hold
harmless Consultant from all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle Consultant to
further compensation at rates to be agreed upon by County and
Consultant.
- 6 -
64a/116P/050284
May 2, 1984
EXHIBIT "A"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF
RESIDENT PROJECT REPRESENTATIVE
A. GENERAL
Resident Project Representative is ENGINEER'S agent at the site, will act
as directed by and under the supervision of ENGINEER, and will confer with
ENGINEER regarding Resident Project Representative's actions. Resident
Project Representative's dealing in matters pertaining to the on-site work
shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as
necessary.` Resident Project Representative's dealings with subcontractors
shall only be through or with the full knowledge and approval of
CONTRACTOR. Resident Project Representative shall generally communicate
with OWNER with the knowledge of and under the direction of ENGINEER.
B. DUTIES AND RESPONSIBILITIES
Resident Project Representative will:
1. Schedules: Review the progress schedule, schedule of Shop Drawing
submittals and schedule of values prepared by CONTRACTOR and consult
with ENGINEER concerning acceptability.
2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as
preconstruction 'conferences, progress meetings, job conferences and
other project -related meetings, and prepare and circulate copies of
minutes thereof.
3. Liaison:
a. Serve as ENGINEER's liaison with CONTRACTOR, working principally
through CONTRACTOR's superintendent and assist in understanding
the intent of the Contract Documents; and assist ENGINEER in
serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's
operations affect OWNER's on-site operations.
b. Assist in obtaining from OWNER additional details or information,
when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by CONTRACTOR, and
notify ENGINEER of availability of samples for examination.
c. Advise. ENGINEER and CONTRACTOR of the commencement of any Work
requiring a Shop Drawing if the submittal has not been approved by
ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to assist
ENGINEER in determining if the Work is in general proceeding in
accordance with the Contract Documents.
Exhibit "A"
NSPE - 1983 Edition Page 1 of 4
64a/116P/050284
BOOK 51 PAGE 95
MAY 16 1984
BOOK 57 FACE 96
May 2, 1984
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the
day and year first above written.
COUNTY*
ATTEST: INDIAN RIVER COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Michael Wright, Couffi Administrator Don C. Scurlo , Jr., Cha ike
ATTEST:
ATTEST:
:J
64a/116P/050284
w
ENGINEER
CAR ASSOCIATES, I
Dean F. Luethje, Vice Pre dent
(CORPORATE SEAL)
- 7 -
WILLIAMS, HATFIELD Y&ONER, INC.
Antho . Nalan,
Senior Vice President
(CORPORATE SEAL)
a. Maintain at the job site orderly files for correspondence, reports
of job conferences, Shop Drawings and samples, reproductions of
original Contract Documents including all Work Directive Changes,
Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of .the Contract, ENGINEER's
clarifications and interpretations of the Contract Documents,
progress reports, and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR hours on the job
site, weather conditions, data relative to questions of Work
Directive Changes, Change Orders or changed conditions, list of
job site visitors, daily activities, decisions, observations in
general, and specific observations in more detail as in the case
of observing test procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the
Work and of CONTRACTOR's compliance with the progress schedule and
schedule of Shop Drawing and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the Work.
NSPE - 1983 Edition
64a/116P/050284
MAY 19 1984
Exhibit "A"
Page 2 of 4
BOOK 57 PACE .97
May 2, 1984
b. Report to ENGINEER whenever Resident Project Representative
believes that any Work is unsatisfactory, faulty or defective or
does not conform to the Contract Documents, or has been damaged,
or does not meet the requirements of any inspection, test or
=
approval required to be made; and advise ENGINEER of Work. that
Resident Project Representative believes should be corrected or
rejected or should be uncovered for observation, or requires
special testing, inspection or approval.
c. Verify that 'rests, equipment and systems startups and operating
and maintenance training are conducted in the presence of
-
appropriate personnel, and that CONTRACTOR maintains adequate
records thereof; and observe, record and report to ENGINEER
appropriate details relative to the test -procedures and startups.
d. Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the results
of these inspections and report to ENGINEER.
6. Interpretation. of Contract Documents: Report to ENGINEER when -
clarifications .and interpretations of the Contract Documents are
needed and transmit to CONTRACTOR clarifications and interpretations
as issued by ENGINEER.
_
7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for
modifications in Drawings or Specifications and report with Resident
Project Representative's recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports
of job conferences, Shop Drawings and samples, reproductions of
original Contract Documents including all Work Directive Changes,
Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of .the Contract, ENGINEER's
clarifications and interpretations of the Contract Documents,
progress reports, and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR hours on the job
site, weather conditions, data relative to questions of Work
Directive Changes, Change Orders or changed conditions, list of
job site visitors, daily activities, decisions, observations in
general, and specific observations in more detail as in the case
of observing test procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the
Work and of CONTRACTOR's compliance with the progress schedule and
schedule of Shop Drawing and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the Work.
NSPE - 1983 Edition
64a/116P/050284
MAY 19 1984
Exhibit "A"
Page 2 of 4
BOOK 57 PACE .97
MAY 16 1984 BOOK 57"'
AGED
May 2, 1984
c. Draft proposed Change Orders and Work directive Changes, obtaining
backup material from CONTRACTOR and recommend to ENGINEER Change
Orders, Work Directive Changes, and Field Orders.
fid. Report immediately to ENGINEER and OWNER upon the occurrence of
any accident. i
10. Payment Requests: Review applications for payment with CONTRACTOR
for compliance with the established procedure for their submission
and forward with•recommendations to ENGINEER, noting particularly the
relationship of the payment requested to the schedule of values, Work
completed and materials and equipment delivered at the site but not
incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course
of the Work, verify that certificates, maintenance and operation
manuals and other data required to be assembled and furnished by
CONTRACTOR.are applicable to the items actually installed and in
accordance with the Contract Documents, and have this material
.delivered to ENGINEER for review and forwarding to OWNER prior to
final payment for the Work.
12. Completion:
f
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to CONTRACTOR a list of observed items requiring completion
or correction.
b. Conduct final inspection in the company of ENGINEER, OWNER and
CONTRACTOR and prepare a final list of items to be completed or
corrected.
c. Observe that all items on final list have been completed or
corrected and make recommendations to ENGINEER concerning
acceptance.
C. Limitations of Authority
Except upon written instructions of ENGINEER, Resident Project
Representative:
1. Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in
the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR,
subconstractors or CONTRACTOR's superintendent..
4. Shall not advise on, issue directions relative to or assume control
over any aspect of the means, methods, techniques, sequences or
procedures of construction -unless such advice or directions are
specifically required by the Contract Documents.
Exhibit "A"
NSPE - 1983 Edition Page 3 of 4
64a/116P/050284
May 2, 1984
5. Shall not advise on, issue directions regarding or assume control
over safety precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other
than Contractor.
7. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or
inspections conducted by others except as specifically authorized by
ENGINEER.
NSPE - 1983 Edition
64a/116P/050284
MAY 16 1984
Exhibit "A"
Page 4 of 4
BOOK 57 PACE 99
MAY 16 1984 BOOK 57 PAGE 1®
May 2, 1984
Exhibit "B"
Sheet 1 of 1
64a/116P/050284
EXHIBIT "B"
SCHEDULE OF HOURLY RATES
EFFECTIVE FEBRUARY 16, 1984
A. HOURLY RATES FOR PERSONNEL
• 1.
ENGINEERS
a. Grade I
32.00/Hr.
b. Grade II
35.00/Hr.
c. Grade III
39.00/Hr.
d. Grade IV
46.00/Hr.
e. 'Grade V
53.50/Hr.
f. Grade VI
61.00/Hr.
g. Grade VII
69.50/Hr.
h. Grade VIII
82.50/Hr.
2.
ENGINEERING TECHNICIANS
a. Grade I
26.50/9r.
b. Grade II
32.00/Hr.
c. Grade III
a
35.00/Hr.
d. Grade IV
s
39.00/Hr.
e. Grade V
46.00/Hr.
3.
DRAFTSMEN
a. Grade I
21.00/Hr.
b. Grade II
26.50/Hr.
c. Grade III
32.00/Hr.
d. Grade IV
= .
35.00/Hr.
4.
RESIDENT PROJECTP S
RE RE ENTATIVES
a. Grade I -
26.00/Hr.
b. Grade II
32.00/Hr.
c. Grade III
36.50/Hr.
d. Grade IV
45.00/Hr.
e. Grade V
49.00/Hr.
5.
FIELD SURVEY PARTIES
a. 2 -Man Party
58.00/Hr.
b. 3 -Man Party
s
72.00/Hr.
c. 4 -Man Party
a
90.00/Hr.
d. Assistant Chief Land Surveyor
a
66.50/Hr.
6.
WORD PROCESSING/COMPUTER PROGRAMMING
a. Word Processing Operator - Grade I
21.00/Hr.
b. Word Processing Operator - Grade II
s
26.50/Hr.
c. Computer Programmer - Grade I
a
35.00/Hr.
Exhibit "B"
Sheet 1 of 1
64a/116P/050284
EXHIBIT "C"
SCHEDULE OF REIMBURSABLE EXPENSES
(Non -Salary. Costs)
1. TRAVEL OUTSIDE OF INDIAN RIVER COUNTY
a. Transportation, Lodging & Subsistence
2. REPRODUCTIONS
a. Blue Line Prints (In -House)
b. Mylar Reproducibles (In -House)
c. Vacuum Printer (Any Material)
d. Photostats, Outside Printing,
Maps & Documents.
e. Xerox (Standard)`Copies
f. Xerox (2080 Copier) Prints
(1) Mylar
(2) White Bond Paper
(3) Vellum
*Based on 2 Foot Width Times Length of Stock Used
3. RECORDING AND PERMIT FEES
4. SERVICES OF OUTSIDE CONSULTANTS
(Architectural/Electrical/Mechanical/Structural
Engineering, Engineering Testing Laboratories,
Photogrammetry, Title and Abstracting Services)
5. SPECIAL FIELD SUPPLIES
6. ELECTRONIC SURVEY EQUIPMENT
a. Modular Survey System (Total Station)
b. Sounding Equipment (Fathometer/Boat)
7. COMPUTER AIDED DESIGN/DRAFTING (CARD)
May 2, 1984
= At Cost
$ 0.15/Sq. Ft. -
$ 1.00/Sq. Ft.
$ 1.35/Sq. Ft.
= At Cost
$ 0.10/Sheet
_ $ 3.00/Sq. Ft.*
$ 1.25/Sq. Ft.*
$ 1.75/Sq. Ft.*
= At Cost
= Cost Plus 10%
At Cost
_ $ 30.00/Hr.
$ 100.00/Day
a. Computer Design System (NOVA) _ $ 2.00/Minute*
b. Computer System (IBM) _ $ 0.50/Minute*
c. Computer Drafting System (HASP) _ $ 2.00/Minute*
* Per minute of actual computer use. Charge '
includes in-house software library necessary
for system operation but does not include
operator.
64a/116P/05O284
MAY 16 1984
Exhibit "C"
Sheet 1 of 1
500K 57PAGE aj
it
MAY! 1984 Boa 57 PAGE 102
Attorney Brandenburg noted that he needs authority to
issue the first work authorization under the Master
Agreement after negotiating the scope.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
gave the Attorney authorization as above.
REVERSE OSMOSIS PLANT MODIFICATION
Utility Services Director Pinto reviewed staff memo and
letter from Water Services of America dated April 19, 1984:
TO: The Honorable Members of DATE: May 9, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright
County AdministratorRO PLANT CAPACITY
SUBJECT: MODIFICATION
FROM: Terrance G. Wnt REFERENCES' 1) ISA Letter 3/29/84
Utility Services Director �2) WSA Letter 4/19/ 8
DESCRIPTION AND CONDITIONS:
Because of a special offer from DuPont and Water Services of America,
Inc., who are the original suppliers of filter membranes for the
water plant, it is possible to add membranes to our existing system
at an extreme reduction in price. The Water Services of America
letters dated March 29 and April 19, 1984 explain this offer in
detail (Exhibits 1 & 2),
ALTERNATIVES AND ANALYSES:
By taking advantage of this offer, we can increase the capacity of
the plant by 660,000 gallons per day or to 165,000gpd per rack(4 racks).
Our intention would be to install one rack in 1984 and three racks
in 1985. This would allow us to use the warranty to our best
advantage.
The alternative would be to purchase the membranes at the full
retail price at a future date.
FUNDING:
Funding will be from collected impact fees.
RECOMMENDATION:
Staff recommends the Board authorize the staff to pursue this offer
and proceed with purchasing and installing the membranes as outlined
in this memo and the attached references.
.•
i
WATER; SERVICES OF AMERICA, Inc.
Mr. Terrance Pinto
Utilities Director
South Indian River County RO Plant
Utilities Department
P.O. Box 1750
1840 25 th Street
Vero Beach, Fl. 32960
Dear Mr. Pinto:
Rte: R.O. Plant Modification
Capacity Increase
WSA Proposal No. 5865
April 1991984
As a result of our past discussions on the proposed modification
of the Indian River Reverse Osmosis P1ant,I have prepared the -
following summary of several of the key points which should
be considered during the evaluation of our proposal.
The WSA proposal for plant modification consist of the addition
of - seven (7) ten inch -B-9 DuPont membranes to each of the
four membrane racks currently in service. This addition will
increase the capacity of each membrane rack by 165,000 GPD
for a total plant increase of 660,000 GPD. The existing RO
plant was purchased for a total of p 1,217,091.00. This equates
to about $ 0.61 per gallon per day capacity. The proposed
modification will increase the total plant capacity by 660,000
aDafr only $ 175,000.00 or only 0.26 per gallon per day
capacity.
y.
Since the cost of the original plant included several items
sized for ultimate plant expansion, it may also be helpful to
compare the cost of the proposed modification to the cost
of purchasing a new system sized for 660,000 GPD capacity.
Such a plant would cost approximatly $ 380,000.00. The
porposed modi�icatio will provide the same cacacity increase
for less than half the cost of a seperate system .
Another significant savings results from the fact that the
Proposedc�modification will increase the plant capacity by
about 25,/ without any increase in total power consumption.
The energy required to feed the additional membranes is
currently being wasted accross a feed pressure control valve.
By utilizing this wasted energy, the proposed modification
will reduce the specific electrical consumption cost from
about $ 0.51 / 1000 gallons to about a 0.41 / 1000 gallons.
Additional savings will also be realized since the increase
in RO capacity will also increase the blend water capacity
while not increasing the operating cost.
This proposal reflects special pricing by DuPont for
membranes they wish to provide for close field service monitor-
ing. DuPont wishes to start the collection of data as soon
as possible. Therefore this offer is for acceptance within
thirty (30) days, with delivery and installation of the first
70
RAY 16 1994
_ BOOK 57 PACE103
MAY 16 1994 BOOK 57 PAA04
rack of membranes within sixty days after receipt of your order.
The installation of the remaining three racks of membranes may
be spaced out thru 1985 when this offer expires.
All new membranes will carry the standard DuPont three year
warrantee, commencing when the membranes are placed in service.
The warrantee in effect for membranes currently in service will
not be affected in any way as a result of this proposed
modification.
The significance of this special pricing can best be realized
by comparing the unit cost for the membranes offered in this
proposed modification with our current list price for these
membranes. The current list price for these membranes is
10,750.00 each or a 301,000.00 for twenty eight (28)
membranes. This WSA proposal offers these membranes for only
6,250.00 ea or $ 175,000.00 if purchased in 1984.
There are also several other circumstances which justify
the necessity to act promptly upon this propsed modification.
This proposal is specifically offered to WSA for use at. the
Indian River RO plant. In order to take advantage of this
special pricing it will be necessary to accept this offer
and install the first seven (7) membranes by May 1, 1984.
Since this offer is being made thru the DuPont Licensee who
supplid the Indian River Plant, this offer will in no way
affect the existing warrantee. The necessity to protect the
existing warrantee is one reason that the WSA offer can not
be matched by any other supplier. In order to fully protect
the county with respect to the plant warrantee, it would be
necessary for any other supplier to also accept the full
plant warrantee and to secure a performance bond to support
that wa--rantee. This increased liability for another supplier
can only result in increased cost to the county.
WSA has also investigated the use of alternate membranes for
use in this modification as WSA is also a licensee of both
Dow and Pilmtech membranes. However, our evaluation has
`concluded that; first, no significant savings could be made
without extensive equipment modification, secondly, the use
of an alternate membrane would greatly compromise the options
available for modifying the pretreatment system to reflect
the latest cost saving technological developments.
In summary, this proposed plant modification is an excellent
opportunity for Indian River to expand its R.O. Plant
camacity at the lowest posible capital cost while also
reducing the operating cost of producing water at this
facility.
Should you have any questions concerning this matter please
feel free to contact me at ( 305) 755-1874 .
Yours very truly,
-/Serge Latour
Regional Manager
71
Chairman Scurlock stated that his only question is the
bid procedure, and Attorney Brandenburg explained that the
County is allowed to negotiate directly with a -vender if
that vender is a sole source provider. If the County were
to buy from another vender, we would lose a large portion of
the warranty on the entire system; so, with regard to the
issue of maintaining the warranty, we only have one vender
we can deal with. He believed this meets the requirements
of the bidding procedure.,
Commissioner Lyons commented that apparently this will
lower the electrical requirement to run the plant, and Mr.
Pinto explained that the membranes are pumping against a
pressure of 600 pounds, and by adding the membranes, you get
more flow for the exact same pumping.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Wodtke, to pursue purchasing and
installing the membranes as outlined and as recom-
mended by staff.
Commissioner Wodtke wished to know why we need to
increase capacity now, and Administrator Wright stated that
we don't, but this is a very good price and we will be
needing more capacity in a year. He further noted that we
need to commit now for the company's testing purposes.
Director Pinto pointed out that even though we are not
using all the present capacity at this time, it is all
committed.
Commissioner Wodtke then noted that if the equipment
isn't being used, we still will be using up our warranty.
Director Pinto explained that is why we would only put
in one rack this year, and we will make use of it. He felt
there is something else that should be understood. The
plant because of the quality of our raw water has a blending
72
MIAY 1'6 1984 BOOK 5 / PAGE105
MAY 16 1984 sooK 57 PAcE 106
capability. If you add 660,000 gallons of treated water,
with some modifications which staff will be recommending
later for aeration, etc., you can double that because you
will be able to blend up to 50%. So, you are talking about
1.2 million gallons of water for this cost.
Administrator Wright informed the Board that Cape Coral
lost their membranes totally recently, and we are working
with them to make sure what happened to them will not happen
to us. That was a multi-million dollar loss.
Attorney Brandenburg asked if the membranes are insured
in the event they should become fouled. Mr. Pinto did not
think so, and the Attorney felt we should look into this.
Commissioner Wodtke noted that the letter says we would
have to install the first seven by May of 1984, and Mr.
Pinto reported that staff has spoken to them and we can do
one rack this year and the other three in the following
year. Commissioner Wodtke commented that the letter refers
to seven, and Mr. Pinto explained that refers to racks and
permeators.
Commissioner Wodtke inquired how we pay for this, and
Mr. Pinto stated out of impact fees. We pay for one now and
the others when they are installed.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously. (4-0)
DISCUSSION RE FORENSIC LAB AT COMMUNITY COLLEGE
Chairman Scurlock referred to letter written to State
Attorney Stone by Dr. Herman Heise, as follows:
73
V•
+,,iJr��I P. d1 -in her Commun*tg College
,ti o n C-1)3209 Virginia Avenue
a N"m Lo Q' Fort Pierce Florida 33454
U� p G ry DlS T -'%Ir:jTiUN LIST
—s/ -
�r,';FFICE OFRESIDENT •vv.+.•.i.;,:ivviia(J
��c_`'�'`•, 1984 \,/, Adm1::11str: tor ✓
U"sy - ✓
;crn ,
�� Pe.s�nnel
Public Works
Mr. Robert Stone Commun'.ty Uev.
State's Attorney Utilities
217 South 2nd Street Finance
Fort Pierce, FL 33450 Other %41
Dear Bob:
Since there has been absolutely no communication with me for months regarding
the establishment of a four -county forensic lab on the campus of Indian River
Community College, I feel it necessary to notify you and the Chairmen of each
of the County Commissions that at the last meeting of the Board of Trustees
of Indian River Community College the attached motion was passed with out
opposition.
As ,,ou can see by the motion, we are prepared to wait a reasonable length of
time for the County Commissions, your office and Dr. Walker's office to come
to an agreement along the lines indicated in the motion. This concept is almost
identical with that under which the Crime Laboratory on the Indian River
Community College campus has operated for approximately 12 years.
As stated in the motion, we will continue to wait a resonable lenhth of time
to accommodate you and your very worthwhile endeavor. However, if we are
informed no progress is possible, or continue not to be informed, we shall turn
the present shell into a Vocational Rehabilitation work center.
You may count on our support and help inassisting you and the other parties
to come to an agreement.
Cordially yours,
Herman A. Heise
Lurch 27, 1964
A statement from Dr. Herman A. Heise, president of Indian River
-CommunitN College, regarding Dr. Leonard•Walker's recent comments
about the Forensic Lab now under construction at IRCC:
"It is my understanding that Dr. Walker expressed an unwillincness
to use a Forensic Lab to be located at Indian River Community College
at this morning's St. Lucie County Commission meeting. I regret that
Dr. Walker feels this way, yet we remain willing to work cooperatively
with Dr. Walker as long as he is in compliance with all statutes and
the Code of Ethics of the State of Florida.
74
MAY 16 1984
BOOK 57 PAGE 1O 1
MAY 16 1984 BOOK 67 PAGE
The College derives little benefit thriugh Dr. Walker's use of the
College facilities. The benefits for the College include limited.
part-time teachir., at no salary and assumption of the figurehead
title of director of the MIedical Laboratory Technology Program. In
all, this would mean 'Less that $3,000.00 per year in services..
The service provided to the four -county community, however, would be
great. Built under specifications provided by Dr. Walker and
admittedly somewhat small at this point but accepted initially by
'Dr. Walker, the planned Forensic Lab is still larger than the facility
presently available to the four counties.
The problem now is one that has to be resolved by the four county
co:=issions, State Attornev Stone, and Dr. Walker. The College has
no vital interest in the Forensic Lab, and only acceded to the
responsibility of coordinating this concept at the request of
State Attorney Stone.
Based upon the success of the Crime Lab.on our campus, we felt that
the Forensic Lab would be another good move for our community. It
was our intent to operate the Forensic Lab in the same manner as
the Crime Lab.
We continue to stand prepared to recommend to the Board of Trustees,
for a reasonably limited period:of time, to provide the facility for
the Forensic Lab as long as there seems to be an ability on the part
of the county commissions, State Attorney Stone, and Dr. Walker to
come to an agreement.
It not, the College.will proceed to finish the building and use it
for College purposes. At present, the building is only a shell and
can easily be converted to College use."
Chairman Scurlock noted that one of the questions we
had in setting this up was to be sure the forensic lab was
separate and independent so that Dr. Walker would have
freedom with -his medical reports. He did not know if that
75
`,
is part of the problem and noted that we have not had any
contact from either Dr. Walker or the State's Attorney.
Commissioner Bird believed that since we have not heard
anything about this in several months and Attorney Stone was
the originator of the project, that we should look to him to
tell us what to do.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) authorized the Chairman to contact both
Dr. Walker and State's Attorney Stone referring
to Dr. Heise's correspondence and inquiring as
to the status of the situation.
CONSIDER APPOINTMENT TO MENTAL HEALTH DISTRICT IX BOARD
Commissioner Lyons noted that we do not have a
representative on the Mental Health District IX Board at
this time, and Dr. Kaplan, who is a Ph.D. of Sociology and
has shown considerable interest in these matters. He does
understand the needs of the mental health situation, and he
is.willing to serve.
Motion was made by Commissioner Lyons to appoint Dr.
Kaplan as the Commission's representative to Mental Health
District IX Board.
Commissioner Bird agreed that Dr. Kaplan might be the
most qualified person we could ever find, but in light of
all that has happened and the fact that this is such a
volatile situation, he wondered if it wouldn't be like
putting gasoline on the fire to appoint Dr. Kaplan as he
felt the doctor has some preconceived ideas on this matter.
Commissioner Bird stated that he would like to be able to
come up with an appointee who could provide a fresh new look
at the problems and who would be independent of all
personality clashes.
W
Boa 57 PAGE 109
MAY 16 1994 BOOK 57 PAGE 110
Commissioner Lyons' Motion died for lack of a second.
Administrator Wright emphasized that we do need to
appoint someone, and he felt staff could come back with a
recommendation, possibly a staff member, who could vote the
Board's wishes.
Commissioner Wodtke personally felt that a Commissioner
needs to sit on the District Board.
After further discussion, it was decided to defer this
appointment until the next Board meeting.
TRANSPORTATION PLANNING COMMITTEE
Commissioner Lyons deferred his report on the
Transportation Planning Committee until the next meeting.
CONTROVERSY OVER NAME CHANGE OF ORCHID ISLAND
Commissioner Lyons reported that a great deal of
interest has been shown and correspondence received in
regard to retaining the name of Orchid Island for the entire
barrier island from Sebastian Inlet to Fort Pierce Inlet.
If historically the correct name for this island is indeed
Orchid Island, then Commissioner Lyons felt we should see
that it is so noted and take whatever steps are necessary to
get it into the maps and geography so that is isn't renamed
"willy-nilly" from time to time.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bird for purpose of discussion,
to ask the Scenic Roads and Trails Committee, to
work with the historians of this County and come
back with a recommendation of what the island
should or should not be named and then take steps
to make it an official name.
Commissioner Bird wondered if we really need to go to
that step.
He noted that he does not like the name of
77
Hutchinson Island, but did not know what other name is more
justified historically.
Commissioner Lyons believed that we need to hear from
all sides. He personally felt it will end up being called
Orchid Island.
Chairman Scurlock asked if there has been any opposi-
tion to that, and Commissioner Lyons noted that a letter of
objection has been received from Mr. Michaels, President of
Deerfield Groves Company,, as he feels the name Orchid Island
infringes on the Deerfield Groves Company trademark. Said
letter is as follows:
DISTR[BUTION LIST , 29
Comrniss;j..;iers �h
D FTEI.D ROPES Co
Administrator �� G
Attorney ]��OWER AND SHIPPE oki
Personnel
WABABSO. FLORMA
Public Works — 32970 `'cr
Community Uev.�
Utilities
Finance May 8, 1984
OtherK
Yx . Don C. Scurlock, Jr.
Chairman, , Board of County Commissioners
1840 - 25th Street
Vero Beach, Fl. 32960
RE: Proposed Name Change of North Hutchinson Island
Dear Sir:
There presently is a move afoot to try to get the name of
North Hutchinson Island changed to Orchid Island. There are great
economic implications involved in such a change that must be pointed
out to you.
As you may know, Deerfield Groves Company has developed over
the past 72 years the outstanding brand of island grapefruit known
throughout the world as Orchid grapefruit. Because we have carefully
IL developed and marketed orchid grapefruit, it has achieved a world -
W
MAY 16 11994
BOOK 5 FACE 1� 1
I,
MAY 16 1984 . � .
BOOK 51 PAGE 112 '
wide reputation as the finest grapefruit money can buy. The great
reputation of Orchid grapefruit has tempted many other in the citrus
business to try to infringe on our reputation as well as our registered
trade mark "Orchid."
It is our feeling that this attempt to change the nye of North
Hutchinson Island is just another of many events that are destined
to infringe upon Deerfield's well earned reputation. For, if this
proposed name change was to become a reality, then it would be very
difficult for Deerfield Groves coapany to guard against our reputation
and brand infringements.
The economic implications would be severe to the 250 families
of the employees of Deerfield Groves ComYnany, if this proposed nmie
c1narge was made, as we feel, with the express intention of infringing
on the reputation of Orchid grapefruit.
'We sincerely solicit your help in this matter.
Sin ely s,.
MI�iAF.I. V. Na
President
NIVNI/paj Deerfield Groves Company
CITRUS GROVES ON ORCHID AND MERRITT ISLANDS
ON THE INDIAN RIVER
Commissioner Wodtke did not -believe that is the intent
as claimed in the letter. He wished to know if we are
considering just the North Beach area or the entire length
of the Barrier Island.
Commissioners Lyons felt that question demonstrates
exactly why this matter needs more discussion.
Commissioner Wodtke suggested that it be referred to
the Scenic Road-& Trails Committee and the Historical
Society as well.
Mrs. Lockwood, representing the Historical Society,
informed the Board that the Society at their last meeting
moved that the whole island from the Sebastian Inlet south
to the Fort Pierce Inlet be called Orchid Island. She
reported that they have a map of over 100 years standing
(dated 1837), showing it is an island.
Commissioner Lyons stated that he would modify his
Motion to ask that the Scenic Road and Trails Committee call
79
upon the Historical Society and any other historical group
to join them in their deliberations and recommendations.
Commissioner Bird agreed.
THE CHAIRMAN CALLED FOR THE QUESTION on the
Motion as amended above. It was voted on and
carried unanimously. (4-0)
Joe Michael, resident of the Town of Orchid, presented
the following letter written to Summerplace Improvement
Association, Inc., in response to their letter to Governor
Graham, recommending the procedure to be followed:
STATE OF FLORIDA
D E PA RT M EN"'T OF
CO IT AFFAIR" S
DIVISION OF LOCAL RESOURCE MANAGEMENT
-(HE sr4.1
BOB GRAHAM ��'� , i�✓w a
Governor u p.
#4
•/MOOD AQ iP�G
May 9, 1984
Mr. Thomas G. Kennedy, Director
Summerplace Improvement
Association, Incorporated
1840 Barefoot Place, East
Vero Beach, Florida 32963
Dear Mr. Kennedy:
JOHN M. DeGROVE
Secretary
This letter responds to your April 28, 1984 correspondence to
Governor Bob Graham regarding the Hutchinson Island study area. As the
lead state agency supporting the Hutchinson Island Resource Planning and
Management Committee, Governor Graham felt that this agency could best
respond to your concern.
MAY 16 1984 B®oK 57 FAGF 113
_I
MAY 16 1984
Boa' 57' PAGE 114
This Department has utilized Hutchinson Island as the general
identification for the barrier island system comprised by North and
Hutchinson Islands. This island system extends through three county
jurisdictions; Indian River, St. Lucie and Martin Counties. We do
recognize, however, that certain areas on the barrier islands prefer
to utilize specific names to identify their community or neighborhood,
such as yourselves.
The Summerplace Improvement Association, Incorporated may wish to
contact Indian River County and inquire about their procedure for
officially assigning the name "Orchid Island" to your area. This may
prevent any misunderstandings in the future.
Thank you for bringing this matter to our attention.
Sincerely,
f r
i s '
George Griffith
Bureau Chief
, GG/adi
BUREAU OF LAND AND WATER MANAGEMENT
2571 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32301 (904) 488-4925
REPORT - GOLF COURSE FEASIBILITY STUDY COMMITTEE
Commissioner Bird informed the Board that the Committee
feels fairly comfortable with their figures re the estimated
cost of building and equipping a regulation size golf course
And the necessary support buildings. When it comes to
projecting revenues, however, he did not believe the
committee has the expertise to come up with that equation.
They have done a certain amount of projecting and research,'
but he believed this would require an independent physical
study by an outside study firm. Such a study will, of
course, cost some money, and the committee has taken it upon
itself to try to raise the necessary funds which it is
estimated may be between five and six thousand dollars.
This is being done totally independent of the County, and as
soon as this money is in hand, the committee will come back
and recommend that we go ahead and receive bids for a
feasibility study and they will submit the funds.
Commissioner Bird believed that they would like to approach
the National Golf Foundation to do this study.
PROCLAMATION - JOSEPH CONDRON
Proclamation honoring Joseph W. Condron on his
retirement from the Veteran's Administration is hereby made
a part of the Minutes.
MAY 16 1994 BOOK 57 FdGE 1,1.5
I
MAY 16 1994 BOOK 5" 'WE116
P R O C LA M A T I O N
HONORING JOSEPH.W. CONDRON
SECTION CHIEF, VETERANS ADMINISTRATION -
WHEREAS, on May 31, 1984, Mr. Joseph W. Condron will be
retiring from his post as Section Chief for the Florida Regional
Office of the Veteran's Administration of the United States of
America; and
WHEREAS, Mr. Condron began in the Regional Office in St.
Petersburg, Florida as a Claims Adjudicator in the 19501s, and
will leave behind a record of achievement and undaunted service
• spanning some thirty one years; and
WHEREAS, today, Joseph Condron is widely regarded for
his outstanding knowledge and expertise in Veteran's
Administration laws, rules, and procedure - an expertise which he
_ has never hesitated to share with service officers and others
across all sixty-seven counties of the State of Florida; and
WHEREAS, Joseph Condron is truly well liked and
- respected by all those with whom he has come in contact, and will
be sorely missed in his professional capacity; and
WHEREAS, it is altogether fitting and proper that the
Board of County Commissioners, on behalf of the local VA Service
Office, and on behalf of all Veterans, their families and loved
ones, convey the gratitude and appreciation to Mr. Condron he so
richly deserves.
NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Mr. Joseph W.
Condron be and is hereby duly honored and extended appreciation
and warm regards for an important and vital service well
performed; and the Board further extends its best wishes to Mr.
Condron in his retirement and in all future endeavors.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By �J G
Don C. Scurlock, Jr.
Chairman
Attest:
BY
Freda Wright, Cleri3
83 i71,.2 a'�
r
The several bills and accounts against the County
having been audited were examined and found to be correct
were approved and warrants issued in settlement of same as
follows: Treasury Fund Nos. 10001 - 10159 inclusive. Such
bills and accounts being on file in the Office of the Clerk
of the Circuit Court, the warrants so issued from the
respective bonds being listed in the Supplemental Minute
Book as provided by the rules of the Legislative Auditor,
reference to such record,and list so recorded being made -a
part of these Minutes.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 12:05 o'clock
P.M.
Attest:
Clerk
ME
C
Chairman
BOOK 57 PAGE 117
� MAY 16 1984 J