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HomeMy WebLinkAbout6/13/1984Wednesday, June 13, 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, June 13, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; William C. Wodtke, Jr., and Richard N. Bird. Commissioner Margaret C. Bowman was absent due to illness. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; L. S. "Tommy" Thomas, Intergovernmental Director; Jeffrey K. Barton, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order and County Administrator Michael Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Bird requested the addition to today's Agenda of a request for approval for the County to use the services of 20 young people for summer jobs to assist the County in its recreational endeavors. Commissioner Wodtke requested the addition to today's Agenda of a discussion and report on the Beach Preservation and Restoration Committee. Commissioner Wodtke requested the addition to today's Agenda of a discussion on revising the contents of the Agenda for the Board of County Commission meetings. BOOK 6 FAH 392 JUN 13 1984 JUN 131984 BOOK 5 7 fAGUE 3 93 ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously (4-0, Commissioner Bowman being absent) added the above items to today's Agenda. APPROVAL OF MINUTES Chairman Scurlock asked if there were any additions or corrections to the Minutes of the Regular Meeting of May 23, 1984. Commissioner Lyons requested a change in the last sentence in the second paragraph on Page 12; that the word pulling be changed to "using shell that has been washed off unimproved roads out of the swales, as opposed to mining shell." Commissioner Lyons questioned the wording on Page 62 whether Mr. Rappaport spoke specifically about the dangers of aerosols in regard to this particular sewage treatment plant (Hutchinson Utilities, Inc.) Commissioner Lyons also noted a typographical error on Page 92 in Item 3 of the Master Plan for Area -Wide Wastewater Program prepared by Carter Associates, Inc. He believed the phrase in the second sentence should read, "to mosquito impoundment ditches," instead of "to mosquito improvement ditches,". CONSENT AGENDA Chairman Scurlock requested that Item A be removed from the Consent Agenda at this time, and Commissioner Wodtke requested that Item G be removed also. 2 B. Request to close portion of CR -512, Sebastian for Jul _4 Parade The Board reviewed the following letter dated 5/31/84: P.0 589-5233 John L. Emrick, POLICE CHIEF DAVID PUSCHER, CHIEF INVESTIGATOR May 31, 1984 POLICE -DEPARTMENT CITY-OF,��EBASTIAN Box 107 SEBASTIAN. FLORIDA 32958 ,..EMERGENCY^ 911 a 589-5251 a+ Indian River County Commission 1840 25th St. Vero Beach, F1. 32960 Dear Commissioners: The Fourth of July is rapidly approaching and again our yearly celebration involving the Fourth of July with its attendant festivities require you assistance in closing a portion of County Road 512. The area needing to be closed will include the East side of the intersection of SR 5 (US#1) Eastwardly along CR 512 to the intersection of CR 512 and Indian River Drive. This being a distance of one (1) block. This closing will facilitate a dispersal area for our parade. This will allow a free pedestrian zone between the parking area and the Riverview Park. We are asking permission to close the aforementioned section of CR 512 from 8:00 on the morning of the 3rd and will be back in full service in the early morning hours of the 5th. This closing will in no way require any expenditures on the part of Indian River County. Thanking you for your past cooperation and assistance. Respect ully, John L. Emrick Chief of Police ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the request by the Sebastian Police Department to close a portion of CR -512 for the 4th of July Parade, from 8:00 A.M., July 3, 1984 to early morning, July 5, 1984. 3 JUN 13 1984 BOOK 5 7 N' "JE 394 _I JUN 13 1984 Boa 57 P -JE 39 : C. Budget Amendment - Custodial Services, Health Dept. The Board reviewed the following memo dated 6/4/84: TO: Board of County Commissioners FROM: Jeffrey K. Barton, OMB Director DATE: June 4,1984 FILE: SUBJECT: Custodial Services- Health Department REFERENCES: The following budget amendment is to correctly allocate the revenues and expenses of custodial services for the Health Department Account Title Account No. Increase Decrease Reimbursements 001-000-369-40.00 4,798 Regular Salaries 001-220-519-11.12 3,827 Social Security 001-220-519-12.11 269 Retirement 001-220-519-12.12 419 Workman's Comp. 001-220-519-12,14 283 ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Jeffrey Barton. D. Final Payment & Approval of Change Order No. 8102 -IV -2, Tracking Station Park, Irrigation System The Board reviewed the following memo dated 6/5/84: 4 TO: The Honorable Members of DATE: June 5, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator FROM: James W. Davis, P.E. Public Works Directo DESCRIPTION AND CONDITIONS SUBJECT: Request for Final Payment and Approval of Change Order No. 8102 IV -2 Tracking Station Park - Irrigation System - Sunnyland Irrigation REFERENCES: On June 9, 1983, the County entered into a contract with Sunnyland Irrigation for construction of an irrigation system at the Tracking Station Park at a cost of $4,981. An additive change order in the amount of $464 was approved January 22, 1984 increasing the contract amount to $5445. The Notice -to -Proceed was issued for work to begin June 22, 1983. The County, however, requested the Contractor to suspend work until Feb. 1, 1984, so that the Paving and Building Contractors could complete their work at the site prior to irrigation lines being laid. The irrigation contractor completed the work on Feb. 15, 1984. The attached change order #8102 -IV -2 was executed by the contractor to extend the original 60 day time of completion by 179 calendar days to Feb. 15, 1984. ANALYSIS AND ALTERNATIVES The Public Works Division inspected the work on Feb. 15, 1984, and the system was constructed in accordance with the plans and specifications. The contractor has submitted the following: 1) As -built plans 2) Final Payment Affidavit 3) Final Pay Request in the 4) Executed time extension RECOMMENDATIONS AND FUNDING amount of $544.50. change order 8102 -IV -2. Since the work is complete as inspected on Feb. 15, 1984, by the Public Works Divsion, the following is recommended: 1) Authorize the chairman to execute change order 8102 -IV - 2 extending the completion date by 179 calendar days. Waive liquidated damages. 2) Accept project as complete on Feb. 15, 1984. The one year warranty period will commence on that day. 3) Approve final payment in the amount of $544.50. 4) Accept contractor's final affidavit. Funding to be from Account No. 102-210-572-66.39 - Tracking Station park construction account. There are adequate funds in the project budget of approximately $33,000 unencumbered. 5 JUIN 13 1984 BOOK 57 F'acE396 JUN 131984 Boob 57 PAA9. L G Ct• 1 CHANGE NGE (AStllIM11 111 ti):•1� . tl�''�- ORDER OWN(R AIA UO(-UMEN1' C701 CONTRACTOR ❑ HELD_,r OD Q� PROJECT: 8102- Indian River County (name, address) Tracking Station TO (Contractor) : E.W.H., Inc. D/B/A Sunnyland irrigation 1304 Rupp Lane CHAhiK,L. ()KM -K N.U>vt(3ER: jE G INITIATION DATE: April 12, 1984 ARCHITECT'S PROIECT'NO: CONTRACT FOR: Irrigation System L Lake Worth, Fl. 33460 CONTRACT DATE: June 9, 1983 You are directed to make the tollowing changes in this Contract: Extend time of completion by 179 calendar days due to delay caused by other contractors completing paving and drainage. r Approved as form -3 I and legal lei .c By G y .Brandenbu R o + Attorney "" Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith. including any adjustment in the Contract Sum or Contract Time d e'u The original (Contract Sum) (Guaranteed Maximum f,'st) VMki . • • • • • • • • • • • $ 4981 Net change by,pre.viously authorized Change Order# t •'• • • • • • • • • • • • • • • • $ 464 The (Contract Sum) (Guaranteed Maximum Cost) polo) to tltis.t_hange Order w.►s ... , ...... $ 54-45 will jncressed) (decreased) (uQr-hanged) (Contract Sum) (guaranteed Maximum Cost) �.,( The —0— . by this Change Order ............. :. . ri, . .. _...................' ... $ 5 .. . 544 The new (Contract Sum) (Guaranteed Maximum Cott) irTclt;�Qit7g this Change Order will bt $ The Contract Time will be lincrea3ed) (f it by ( 17 9) Days. .The Date of Substantial Completion as of the date ofaMiff,.ihange Order therefore is Feb. 15, 1984 i .-� r • .. = r t< Authorized: . �J / /YI /✓ 'Q't/ /J` .S'i.� `�i_nJwt�1-t4 too IG3 f1Ti ter.! Ivn�'d�f ig r n n R i -ir P r C p i l n t v AtEHtiEeT C)� O25tY�Pr�LA S reef Address IWdresa i 2 Address —.. r,y,Vero Beach, Fla. 32960 -Waggrgby kY _ by / C DALE % —S _ uATE DAH 6/13/84 AIA DOCUMENT C-01• t t1+1tiGE t,IltiEk ANKII: tb.b ttllltt h, • AIr4 ri + ME AMEKICAN IN!11tUIE u:'AKLMtILL Ib, 174$ NEW tulM_Mt.,J! NA. sYASMih►.furti: U+ _u+i+�. G7U1 — 1978 6 _ M M COUN'!.'Y OF r>lq personally before the undersigned officer, aufi of said state to administer oaths, comes `z' e -H A e -m who on oath says; r� o- CO Ze�`byy� That he is the Contractor with who Indian River County, Florida, a political subdivision of said state, did on the day of ✓ Ns� , 12S , enter into a contract for the performance of certain work, more particularly described as follows: J f�fiG�J >`JG �--.TAT7 oral Affiant further says that said construction has been completed and the contract therefore fully performed and final payment is now due and that all lienors contracting directly with or directly employed by such contractor have been paid in full EXCEPT: DESCRIPTION t'Jotii �- AMOUNT who have not been paid and who are due the amount set forth.. WITNESS: (Corporate Seal) -a. jpI _ tractor) ryab� fh; end s<�`Orn, tr, before m� I "'.'day of �" 1� Attest: ' - 5, is S to of Flo a large n4y i S3. expires: expires: „ ' s (Notary Seal) t on above and hereby I h2rc- ith acknowledge receipt of final paymen certify that I have no claims against the own f said pr (co tra r) 7 L- JUN 131984 FP -1 Boa 57 PACE 398 r - JUN 131984 r BOOK 57 FACE 39 ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved final payment of $544.50 to Sunnyland Irrigation for construction of an irrigation system at the Tracking Station Park, and approved Change Order No. 8102 -IV -2, extending the completion date by 179 calendar days, as recommended by Public Works Director Jim Davis. ' PROJECT NO. Imim RIVER CO[]rm (DPW) DPW - ENGINEERING DIVISION PROJECT NO. PERIODIC ESTIMATE FOR PARTIAL PAYMENT (OTHER) CONTRACT DIVISION AE AND LOCATION OF PROJECT . ! " t, ! A " /�, v E. C. 1 l0-/ r_ e.1 1-Ja S-figTi rn! g 1 0 AE AND ADDRESS OF CONTRACTOR � U ^I nl y L -l-1 nl a �G2) G A % I cnl /3 v.4 2v PP L,AnJE L -P► kms.V�/o t'L-T7a F=L- =1_--.RIODIC 31001CESTIMATE NO. FOR PERIOD 19 - To 19— 9 -COST COSTOF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries must be limited to work and costs under the original contract only. (Work and cost data under change orders Is to be shown In Part 2 of this form.) Columns (1) througn (5). Enter data shown In the proposal of original executed Contract. Engineering Division shall approve completion of this form at this step prlo: to Contra=tor completing columns 6 through 9 and Part 2 through Part 5. Columns (6) and (7). Show all work completed to date under original contract. Column (8). Enter the difference between entries In columns (5) and (7). Column (9). Show percent ratio of column (7) to column (5). CONTRACT COMPLETED TO DATE COST OF .M DESCRIPTION OF ITEM COST PER TOTAL COST UNCOMPLETED COMP QUANT. UNIT UNIT QUANT, TOTALCOST WORK (2) (3) (4) (5) (6) (7) le) (9) 0 TOTALS 4 Gam= — I I -464 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (a) Original contract amount;Col- 5 - front of this form; (b) Plus; Additlons scheduled in column 4 above _ (c) Less; O*ductlons scheduled in column 6 above (a) Adjusted contract amount to date 4. ANALYSIS OF WORK PERFORMED (a) Cost of originat contract work performed to date (Col. 7 - Hunt of this form) (b) Estrr work performed to date (Col- 5 above/ (c) Total cost or work performed to oat* (d) Less; Amount retained In accordance with contract terms (SAow, both percent and dollar amount) i C % (a) Net amount earned on Contract work to date (f) Add: Materials stored at close of this period (Attach detailed whedule Bi paid invoice) (g) Subtotal of (e) and (f) (h) Lass: Amount of previous payments (1) BALANCE DUE THIS PAYMENT 5. CERTIFICATION OF CONTRACTOR ti9s 1. - Li(�l — .S44-,14— — 44 -l "44 -,14 - 4i -ie/ — LILaj — Sz►4. Sc yGao-r, fel ».s= According to the best of my knowledge and belief. 1 certify that all Items and amount snown on the face of this Periodic Estimate for Partial Payment are correct: that all work has boon performed and/or material supplied In full accordance with the requirements of the referenced Contract, and or duty authorized deviation; substitutioro, al-.•e•stions; and;o► od.jibiet-16 teat the foreroing is a true and correct statement of the Contract aeCeunt up to and t Including the last day of the period covered by this PL/fpr Jr. Estimaie; that no part of the "Sal -ince Due This Raymer. ' !.as Moen received, a -d that till, undersigned and sus subeontrae-p-4 i.ave compl:ad wiG. -,:I :re labos provisions of sf ieontr. r`f tilY L.4 n . n �GQ)r=ATIt�,.J By!Contractor; nator? o/ A�Aorrnd Representative) (J i 19 Title vim.= 6. CERTIFICATION OF DIRECTOR OF PUBLIC WORKS r 1 certify that I have Checked and verified the above and foregoing Periodic Estimate for Pat)Ial Payment: that to the best of my knowledge and belief it Is a true and correct statement of work performed and/or material supplied by the contractor: that au work and/or material included in line Periodic Estimate has Dean Inspected by me and/or by my duty authorlied representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract: and that partial payment claimed and requested by the contractor is Correctly Computed on the basis or work performed and/or material subtitled to data. , Signed Date Signed (Director of Public Works) Oat* 9 JUN 13 1984 Boa 57 FADE 400 2. SCMEDIJLE OF CONTRACT CHANGE ORDERS ADDITION; rO 0 GINAL List evory approved change order Issued to date of this request dude It MO work CONTRACT PRICE OEDUCTIOtaS • has been dorso under ow;, Or more such orders FROM CONTRACT PRICE CONTRACT CHANGE ORDERpESCA1PTION TOTAL COST OF ITEMS ADDED BY CHANGE ORDER COST OF CHANGE ORDER ITEMS COMPLETED TO DATE AS SHOWN ON CHANCE ORDERS NO. UATE (1) (2) (3) (a) (5) (6)i e-1 L-4 - L-! ('4 - TOTALS 4 Gam= — I I -464 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (a) Original contract amount;Col- 5 - front of this form; (b) Plus; Additlons scheduled in column 4 above _ (c) Less; O*ductlons scheduled in column 6 above (a) Adjusted contract amount to date 4. ANALYSIS OF WORK PERFORMED (a) Cost of originat contract work performed to date (Col. 7 - Hunt of this form) (b) Estrr work performed to date (Col- 5 above/ (c) Total cost or work performed to oat* (d) Less; Amount retained In accordance with contract terms (SAow, both percent and dollar amount) i C % (a) Net amount earned on Contract work to date (f) Add: Materials stored at close of this period (Attach detailed whedule Bi paid invoice) (g) Subtotal of (e) and (f) (h) Lass: Amount of previous payments (1) BALANCE DUE THIS PAYMENT 5. CERTIFICATION OF CONTRACTOR ti9s 1. - Li(�l — .S44-,14— — 44 -l "44 -,14 - 4i -ie/ — LILaj — Sz►4. Sc yGao-r, fel ».s= According to the best of my knowledge and belief. 1 certify that all Items and amount snown on the face of this Periodic Estimate for Partial Payment are correct: that all work has boon performed and/or material supplied In full accordance with the requirements of the referenced Contract, and or duty authorized deviation; substitutioro, al-.•e•stions; and;o► od.jibiet-16 teat the foreroing is a true and correct statement of the Contract aeCeunt up to and t Including the last day of the period covered by this PL/fpr Jr. Estimaie; that no part of the "Sal -ince Due This Raymer. ' !.as Moen received, a -d that till, undersigned and sus subeontrae-p-4 i.ave compl:ad wiG. -,:I :re labos provisions of sf ieontr. r`f tilY L.4 n . n �GQ)r=ATIt�,.J By!Contractor; nator? o/ A�Aorrnd Representative) (J i 19 Title vim.= 6. CERTIFICATION OF DIRECTOR OF PUBLIC WORKS r 1 certify that I have Checked and verified the above and foregoing Periodic Estimate for Pat)Ial Payment: that to the best of my knowledge and belief it Is a true and correct statement of work performed and/or material supplied by the contractor: that au work and/or material included in line Periodic Estimate has Dean Inspected by me and/or by my duty authorlied representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract: and that partial payment claimed and requested by the contractor is Correctly Computed on the basis or work performed and/or material subtitled to data. , Signed Date Signed (Director of Public Works) Oat* 9 JUN 13 1984 Boa 57 FADE 400 JUN 131984 600K 57 PD.UE 401 E. Final Payment and Approval of Change Order No. 8.102-5 Tracking Station Park - Landscaping The Board reviewed the following memo dated 6/5/84: TO: The Honorable Members of DATE: June 5, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Request for Final Payment and Approval of Change Order No -8102 - Tracking Station Park - Landscapi Glenn and Mike's Landscaping, Inc FROM: James W. Davis, P.E. REFERENCES: Public Works Directo DESCRIPTION AND CONDITIONS On December 13, 1983, the County entered into a contract with Glenn and Mike's Landscaping, Inc. for landscaping of the Tracking Station Park, in the amount of $31,092.25. The Notice - to -Proceed was issued for work to begin on December 14, 1983 and be complete on or before Feb. 11, 1984. At this time the work is complete and the Contractor is requesting final payment. A change order to reconcile unit quantities is required. ANALYSIS AND ALTERNATIVES The Public Works Division inspected the work on May 28, 1984 and, after vegetation was replaced due to drought conditions and the December, 1983 freeze, the work was accepted. A change order was prepared resulting in a net decrease of $449.85, thereby making the final cost $30,642.40 for the project. The contractor has submitted the following as required: 1) As -built plans 2) Release of Lien by Subcontractor 3) Final Payment Request in the amount of $8,795.58 4) Contractor Final Affidavit. 5) Contract reconciliation change order executed by Contractor Due to the December, 1983 freeze, the contractor was delayed. The work was complete on May 28, 1984, a 107 day time extension is justified and provided for in the change order. 10 RECOMMENDATIONS AND FUNDING Since the work is complete as inspected on May 28, 1984, by the Director of Intergovernmental Relations, Tommy Thomas, and Public Works Director, Jim Davis, the following is recommended. 1) approve authorization for the Chairman of the Board of County Commissioners to execute reconciliation change order 8102-5 decreasing the contract price by $449.85 and extending the contract time of completion by 107 calendar days. Waive liquidated damages due to time extension. 2) accept project as complete on May 28, 1984. All warranty periods will commence on that date. 3) Approve final payment in the amount of $8,795.58 4) Accept contractor's affidavit and subcontractor's affidavit. Funding to be from Account.#102-210-372-66.39 Tracking Station Park construction account. There are adequate funds in the Project budget of approximately $35,000 unencumbered. OU MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved final payment of $8,795.58 to Glenn and Mike's Landscaping, Inc. for landscaping of the Tracking Station Park, and approved Change Order 8102-5 decreasing the contract price by $449.85 and extending the contract time of completion by 107 calendar days, as recommended by Public Works Director Jim Davis. 11 JUN 13 1984 900!( 57 fv), 02 JUN 13 1994 CHANGE ORDER AIA DOCUMEN 1 (;701 1?1s1111)uUun to OWNLR !J ARCHITECT ❑ CON I RACTOR ❑ flrLD ❑ C)1IIth ❑ 80GK 57 PnE 403 PROJECT: Indian River Co. Tracking StationC)IANC& ORDER NU,1011ER: 8102- 5 (name, addressi Park INHIATION DATE: May 28, 1984 TO (Contractot): Engineers PROJECT NO: 8102 Glenn & Mike's Landscaping CONTRACT FOR: Landscaping 7750 N. U.S. 1 Vero Beach, F1. 32960 I I CONTRACT DATE: Dec. 13, 1984 You are directed to make the following changes in this Contract: Item 19 Increase Mulch quantity by 20 tons at $20.00 pez ton $400.00 Item 20 Decrease sod quantity by 6239 S.F. -$811.07 Item 24 Decrease Miscellaneous items by $38.78 for water supplied by County -$_38.78 krf rr.; to farm a�Li (L;Ff/fficwcy 'Branden Attorney' Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ 31, 092.25 Net change by previously authorized Change Orders ...............:................... $ —0— The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... S 31, 092.25 The (Contract Sum) (Guaranteed Maximum Cost) will be (iit=asx*)tdecreased) (wxfliac%9Zk by this Change Order......................................................... S 449.85 The new (Contract Sum)including this Change Order will be ... S 30, 642.40 The Contract Time will be (increased) by 107 calendar days ( 107) Days. The Date of Substantial Completion as of the date of this Change Order therefore is May 28, 1984 Authorized: James W. Davis, P.E. Glenn & Mike's Landscaping Indian River County 1840 25th Street �' 6`6 Wd3 th U.S. 1 ...IIaO 25th Street Address'V�`M Beac , 1. 32960 A`'Vero Beach, Fl. 32960 Vero Beach, F1. 32960 (2t kiy- D.aTE �� --- U.a't_ „/ '4M_: Com- F --- — UATF AIA DOCUMENT G701 t liaNt,E I ,KUI K !, 1'+. n I Di I H )r. n„• , , IME AMEKICAN INSIIIUIE UI AKLNIIELIS, 1:J, Nt W \1/KK Jk\t N N x+701 — 1978 12 SEMINOLE FORM 4.03 RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, for and in consideration of the payment of the sum of ......... .. and q �I f �JU. 100 Dollars paid by the .� �e��. � (�' . \'-UMW.,kP%receipt of which is hereby acknowledged, hereby releases and quit claims to the said itssuccessors and assigns, and........................................................................ the owner, all liens, lien rights, claims or demands of any kind whatsoever, which the undersigned now has or might have against the building on premises legally described as .......................................... ................. `tJ..\....C.�l�.�..�{........................ on accountof labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. IN WITNESS WHEREOF, I have hereunto set my hand seal this .....%?r ............. day of .......:ru ............ , 19 9.y..... WITNE S: S ATE OF FLORIDA COUNTY OF I ss. ��� .�... (SEAL) Be . . I hereby acknowledge that the statements contained in the foregoing Releasee of Lienaretrue and correct. ........... %�.:�!...".............. Sworn to and subscribed before me this ...... ItO r.... day of ..... ! .. , , , , , , , 19&. . . . My commission expires: Notary Rubric, St_:te Of Florida At Large My Commri=:.ion t,;;Nires .Ian. 18, 1988 .................. B-jw Zi SUEGO flwranc� GompenyabAmenca • • • . • • • • • • • • • • • . • • . • . .. ....... .......... . NotaryPublirState ofEloii a 13 JUN 13 1994 BOOK 57 t't°�r,,F_404 I JUN x.31994 AFFIDAVIT STATE OF Florida COUNTY OF Indian River BOOK 57 Fm -F- 405- Before me personally appeared the undersigned who, by me being first duly sworn, deposes and says: The undersigned is a sub -contractor under the prime contractorunder a contract entered into by and between Indian River County. Glenn & Mikes Landscape, Inc. ' for the performance of the following described work: Landscape at Indian River County Tracking Station -- Recreation Area. The undersigned further deposes and says that said labor, materials, and/or services were of a total value of $ 30,642.40 __, of which there remains..Oie owing and unpaid the sum of $ 8,795.58 U.1& -±signed.,' ti (Coi-pate Seal) U WrATES r�rrf1111I11t1` S: Sworn to and subscribed before me this / day of -'S"C4049- , 19v/ to the (Notary Seal) Lz� a- r XZ4:�' N Notap Public State of Florida at large My Commission Expires: Notary Public, StM3 Of Florida At Large My Commission Expires Jan. 18, 1988 Banded cy &tmo insurance company of Amem AF -1 13a rllf, F. Authorization for Chairman to sign Florida Boating . Improvement program amendment to agreement, Round Island Boat Ramp ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved an Amendment to Agreement on Florida Boating Improvement Program, Round Island Boat Ramp, and authorized the Chairman to sign. SAID AMENDMENT WAS FURTHER MODIFIED AND PLACED ON THE JULY 3, 1984 AGENDA FOR APPROVAL A. IRC Bid #202 - Mobile Maintenance Lift The Board reviewed the following memo dated 5/30/84: TO: BOA..RZ OF COUNTY COMMISSIONERS DATE: May 30, 1984 FILE: THP.U: Michael Wright - _ County Administrator SUBJECT: IRC Bid #202 -Mobile Maintenance Lift FROM: REFERENCES: Carolyzi;Goodrich, Manager Purchasing Department DESCP.IPTION AND CONDITIONS Bids were received at 11:00 A.M., Tuesday, May 29, 1984 for IRC #202 - (4) Mobile Maintenance Lifts for the Fleet Management Department. These lifts were approved at the budget hearings for FY 83-84. 6 Bid Proposals were sent out. Of the 5 bids received, 2 were "No Bids". ALTERNATIVES AND ANALYSIS All three bids met specifications. The low bid was received from Benwil Truck 8 Bus Service Equipment, Inc., Torrance, California, in the amount of $3,718.00 each. Total for 4 - $145872.00. Freight is included. RECOMMENDATION AND FUNDING It is recommended that IRC #202 be awarded to the low bidder, Benwil Truck Bus Service, in the amount of $14,872.00. There.is $18,000.00 budgeted in Acelaunt #501-242-591-06.49. 14 JUN 13 1984 Boa 57 FADE 406 J I JUN 131984 Boer 57 F CE 407 Chairman Scurlock questioned the need for purchasing these lifts, and Administrator Wright assured him the need was there and recalled how surprised he was when he first came to the County to find that Fleet Management did not have a lift set. He pointed out that there are four jacks in a lift set. Chairman Scurlock asked if there was any anticipation that a consultant might say sometime in the future that these lifts were not necessary and Administrator Wright felt that wouldn't be the case. Commissioner Lyons questioned the safety of this lift and Jack McCorkle of Fleet Management explained that after a vehicle is lifted, the jacks are placed under it. He assured Commissioner Lyons that it is a much safer way than what they are presently doing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) awarded Bid #202 for four mobile maintenance lifts to the low bidder, Benwil Truck & Bus Service, in the amount of $3,718 each, as recommended by Purchasing Manager Carolyn Goodrich. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULA:IOlN BID NO. DATE OF OPENING IRC BID X202 May 29, 1984 BID TITLE,°'�3ro MOBILE MAINTENANCE LIFT (4 Ea) t s~ tU A. r" �yti -1 o oro � v rop w uro ro c~ ro W or v; a a°p w y�o I ro~fro � vro 4V '� •~ fi ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT (RICE UNIT PRICE UNIT PRIC 1. Mobile Maintenance Lift 4 Each NII 18571 20 NB 15900100 14672 00 2. Days required for delivery after receipt of Purchase Order 30 1 9 15 G. Approval of Modification to License Agreement for 16th_ Street Railroad Crossing Commissioner Wodtke requested that the Public Works Director bring the final costs back to the Board after the overall project is completed, as he questioned a $10,000 figure shown in the estimated costs. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the Modification of License Agreement for 16th Street Grade Crossing in Indian River County, Florida. SAID LICENSE AGREEMENT WILL BE MADE PART OF THE MINUTES WHEN EXECUTED AND RECEIVED PUBLIC HEARING - DORAN REQUEST TO INCLUDE 50.58 ACRES IN I-95/SR-60 COMMERCIAL/INDUSTRIAL NODE 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: 16 JUN 13 1984 IJ BOOK 57 FADE 408 JUN 13 1994 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 /I in the lished in said newspaper in the issues ofd 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 (SEAL) me s � day of V � A.D. 19 n 1tusiness Manager) (Clerk of the Circuit'CourtUKdian River County, Florida) 1 BODK 57 F,°0,409 NOTICE OF PUBLIC HEARING CONCERNING INTERPRETATION OF COMPREHENSIVE PIAN Notice of Hearing to consider the following in- istrial node designation request for the subject 'operty which is presently owned by DONALD ,d LOUISE DORAN and which they request to s included in the 1-95 and State Road 60 ammercial/industrial node as designated on ie future land use map in the Land Use Element f the Comprehensive Pian of Indian River Coun- Florida. The subject properly Is described as: A PARCEL OF LAND BEING A PART OF TRACTS 9 AND 16, SECTION 4, TOWN SHIP 33 SOUTH, RANGE 38 EAST, AC- CORDING TO THE PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, ON THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: (NOW IN- DIAN RIVER COUNTY) BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: TRACT 9 OF SAID SECTION 4, TOWN- SHIP 33 SOUTH, RANGE 38 EAST, LESS AND EXCEPT THE EAST 515.0 FEET THEREOF;' TOGETHER WITH TRACT 16 OF SAID SECTION4, TOWNSHIP. 33 SOUTH, RANGE 38 EAST; LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 16, SECTION, 4, TOWNSHIP' 33 SOUTH, RANGE 38 EAST; BEAR S 00° 27' 28" WEST' ALONG THE EAST LINE OF SAID TRACT 16, A DISTANCE OF 90.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00" 27' 28" WEST ALONG SAID EAST LINE OF TRACT 16 A DISTANCE OF 810.0 FEET;, THENCE BEAR NORTH 89" 30' 05" WEST ALONG A LINE PARALLEL' TO THE NORTH LINE OF SAID TRACT 16i A'_ DISTANCE OF 640.0 FEET; THENCE BEAR NORTH 00°. 27,281, EAST ALONG A LINE PARALLEL TO THE EAST LINE, OF SAID TRACT 16 A DISTANCE OF 810.0 FEET; THENCE BEAR SOUTH 89° 30' 05" EAST ALONG A LINE 80.0 FEET' SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID TRACT 16, A DIS- . TANCE OF 640.00 FEET TO THE POINT. OF BEGINNING; CONTAINING 50.58 ACRES MORE OR, LESS: SUBJECT TO ALL' EASEMENTS, RESERVATIONS, RESTRICTIONS, AND. 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 Planning and Zoning Commission of Indian River County Florida, in he County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Wednesday. June 13,1984, at 9:15 A.M. It 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- cludes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: -s -Don C. Scurlock Jr. - May 23, June 5, .1984 _ The Board reviewed the following memo dated 5/14/84: TO: DATE: FILE: The Honorable Members May 14, 1984 of the Board of County Commissioners DORAN REQUEST TO INCLUDE 50.58 ACRES IN THE 300 ACRE I-95/S.R. DIVISION HEAD CONCURRENCESUBJECT: 60 COMMERCIAL/INDUS- TRIAL NODE 7 Robert M. Keati g, ryTCP Planning & Development Director FROM: REFERENCES:' Richard Shearer, AICP Doran Inclusion in Chief, Long -Range Planning Node/RICH It is requested that the data herein `consideration by the Board of County regular meeting of June 13, 1984. 17 presented be given formal Commissioners at their DESCRIPTION & CONDITIONS The applicants, Donald and Louise Doran, are requesting to - - include 50.58 acres located on the south side of State Road 60 and the west side of 98th Avenue in the 300 acre I-95 and S.R. 60 commercial/industrial node. The subject property is zoned LM -1, Light Manufacturing District, and C-1, Commercial District. The Dorans originally owned 80 acres at this location. A few years ago, the applicants sold part of this property to Rampmaster and sold another parcel to the M.A. Ford Company. The owners.are proposing to develop this property as an industrial park. On May 10, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of: this request. V 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 of the subject property, across State Road 60, are citrus groves, vacant land, and the Florida Juice Company. East of the subject property is Rampmaster and the M.A. Ford Company, and across 98th Avenue is the Hibiscus Airport. South of the subject property is a 40 acre citrus grove which was recently included in the I-95/S.R. 60 node and rezoned to M-1, Restricted Industrial District. West of the subject property is vacant land and Kennilworth Estates, a single-family subdivision containing 7 houses and two mobile homes. Future Land Use Pattern The Comprehensive Plan designates the subject property as AG, Agricultural (up to .Z units/acre). The land north and west of the subject property is also designated as Agricultural. The land south and east of- the--sutrject property is included in the I-95 and State Road 60 commercial/industrial node. A map of the I-95 and S.R. 60 commercial/industrial node has been prepared to show the proposed outer limit boundaries of the node (including 00600 acres) and the flexible boundaries of the node (including 300 acres). This map is included as Attachment #3 and is -the same map presented at the recent node workshop where the I-95 and S.R. 60 node was used as an example of how the outer limit boundaries and flexible boundaries would work. The flexible boundaries on this map include the subject property within the 300 acre node. Because of the subject property's proximity to both the 40 acre parcel to the south which was recently included in the node and to the existing industrial uses to the east, at least part of the subject property must be included in the node. There is enough unallocated acreage left in the node to include all of the subject property within the flexible boundary of the node. JUN 13 1984 BOOK 57 FACE 410 .1 BOOK 7 FA�F 4 JUN 13 1984 Transportation System The subject property has direct access to State Road 60 (classified as an arterial street on the Thoroughfare Plan) and to 98th Avenue (presently classified as a local street but proposed to be a secondary collector). Developing the subject property as an industrial park would attract up to 3,595 average annual daily trips. Environment The subject property is not designated as environmentally sensitive nor is*it in a flood -prone area. rT+i l i +-i -- County water and wastewater facilities are not available for the subject property. RECOMMENDATION Based on the above analysis, particularly the proximity of the subject property to the existing and committed industrial land and the fact that there is unallocated acreage in the node, staff recommends that the subject property be included in the I-95 and State Road 60 commercial/industrial node. Richard Shearer, Chief, Long -Range Planning, showed two slides of the site and presented staff's recommendation that the subject property be included in the 300 acre I-95/SR-60 commercial/industrial node. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) closed the Public Hearing. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the request by Donald & Louise Doran to include their 50.58 acres in the 300 acre I-95/SR-60 commercial/ industrial node. 19 I OSLO CEMETERY The Board reviewed the following memo dated 6/6/84: TO: The Honorable Members of DATE: June 6, 1984 FILE: the Board of County Commissioners SUBJECT: OSLO CEMETERY FROM: Michael Wright REFERENCES: County Administrator In 1957, the State of Florida transferred to Indian River County the ownership of a 1.2 acre parcel of land known as the Oslo Cemetery. The tract is located at the intersection of Old Dixie Highway and 3rd Street S.W. It has been used as a cemetery for at least sixty (60) years and contains approximately forty (40) to fifty (50) graves. Until recently, the cemetery was largely ignored and overgrown with vegetation. Last year, the Parks Department began mowing the cemetery on a periodic basis. To our knowledge, there is no recorded cemetery I.1at and the County has never transferred or sold a burial space. However, there -has been at least one burial in the past few years. Rather than continue maintenance of the cemetery or open it up for burials, it is the staff recommendation that the cemetery be conveyed to a church with the stipulation that the property continue to be maintained as a cemetery. There is capacity for several hundred more grave sites. RECOMMENDATION: Authorize the staff to dispose of the Oslo Cemetery either by sale or donation to a local church with the understanding the property continue to be main- tained as a cemetery. *The alternative is simply do nothing and continue to periodically mow the cemetery. Chairman Scurlock asked if the possibility exists that County would get the cemetery back if a church does take it over and then doesn't maintain it properly, and Administrator Wright felt the best way to handle it would be to transfer or sell the cemetery with a perpetual care agreement which would ensure proper maintenance as a cemetery. Whoever takes it over would have to maintain and continue its use as a cemetery, and will have to conform to all State laws pertaining to cemeteries. 20 He advised that JUN 13 1984 BOOK 57 FAcE412 L_ I JUN 13 1984 BocK 57 PA,,P 413 some type of reverter clause needs to be included in the transfer or sale document in the event the church ever ceases to be a viable entity. Commissioner Lyons suggested that we decide on some set back from the streets for any new burials in case the road needs to be widened at some time in the future. Commissioner Wodtke believed that some local people might have records of relatives buried in the cemetery, which dates back to the early 1000s. Administrator Wright reported that he has talked with Mrs. Meltzer, whose family apparently donated the land, and who has a sister buried in the cemetery in 1905, and she has no knowledge of any specific records other than memories. He also talked with a lady whose husband was buried there in the last few years, and when they dug down, they hit an existing grave. There is an area that is not usable, but there is an area that can definitely be used for approxi- mately 400 future burials. Commissioner Wodtke was concerned that some graves might be disturbed without having proper records available. Administrator Wright noted that the cemetery is located next to a particular church and they have expressed an interest, but they might not be the only ones interested. Commissioner Lyons thought it might be helpful if an article appeared in the newspapers asking if anyone has records or information of relatives or friends buried there. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) authorized staff to proceed with the investigation of the disposal of Oslo Cemetery, with the understanding that when the proposal is made, it will be brought back to the Board. 21 -I IXORA/TREASURE COAST SEWER PROJECT AWARD OF CONTRACT The Board reviewed the following memo dated 6/12/84: TO: THE HONORABLE MEMBERS OF DATE: June 12, 1984 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Wright County Administrator AWARD OF SUBJECT: WASTEWATERCONTRACT SYSTEM IMPROVEMENTS TREASURE COAST & IXORA UTILITIES Akr�. Pinto FROM. Utility Services Director EFERENCES: DESCRIPTION AND CONDITIONS: A) CONSULTANT REPORT Sverdrup and Parcel have completed a review and evaluation of the bids received May 30, 1984, for the wastewater system improvements for Treasure Coast and Ixora Utilities. Their evaluation and recommendation is attached as Exhibit A. RECOMMENDATION: Staff recommends the Board accept the recommendation of Sverdrup and Parcel which is: 1) Award contract for wastewater system improvements to Collee Mechanical, Inc., in the amount of $349,598.50. 2) Authorize the Chairman to sign the Notice of Award. Administrator Wright explained that the bids were just opened Monday and could not be included with the Commissioners' agenda packets. Utilities Director Terry Pinto was happy to announce that the bids came in lower than the estimated costs. He recalled that the updated estimate by the engineer was in excess of $400,000 and the bid came in at $349,598.50. Administrator Wright stated that what is technically needed is for the Board to authorize the Chairman to sign the contracts contingent upon prior approval by the Farmers Home Administration. Basically, it is just a technicality; Farmers Home wants to approve the contracts before the 22 JUN 13 1984 BOOK 57 FACE 414 JUN 131984 awards are made. BOOK 5 7 FAGF_ 415 He explained that there is a time factor involved which necessitates this procedure. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board award the contract to Collee Mechanical, Inc. for wastewater system improvements for Treasure Coast and Ixora Utilities in the amount of $349,598.50, contingent upon prior approval of Farmers Home Administration; and authorized the Chairman's signature. Director Pinto noted that that Collee Mechanical has good references and he found it an interesting company in that they do only one job at a time. Discussion followed re the nine bids received for the wastewater system. The three low bids were $349,598.50 $368,665 and $389,845 as shown on Pages 5a, 5b, and 5c in Bid Tabulation. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). CONSULTANT'S REPORT AND BID TABULATION ARE ON FILE IN THE OFFICE OF THE CLERK SR -60 WATER LINE - AWARDING OF CONTRACTS Director Pinto explained that the waterline bids are broken down into three projects: the construction of a 750,000 gallon water storage tank on the corner of SR -60 and 58th Avenue; the construction of the waterline from Oslo and 20th Avenue to the intersection of SR -60 and 58th Avenue; and extension of that waterline from 58th 8 Avenue out SR -60 to approximately 94th Avenue. 23 El Director Pinto advised that three separate motions are needed. Project #1 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board award Contract #1 for Project U84-1 to Caldwall Tanks, Inc. of Louisville, Kentucky, for the construction of a water storage tank in the amount of $747,700; and authorize the Chairman's signature contingent upon prior approval by Farmers Home Administration. Attorney Brandenburg pointed out that while $1 -million will be obtained from Farmers Home, the remaining amount will be obtained through the assessment, and the assessment is not in place as yet and won't be for at least a couple of months. He recommended that these contracts be written with contingencies in place in the event that something happens with the assessment. In order words, if the assessment blew up and someone filed a law suit contesting it, or if the court did not validate it, the County would not have the $2 -million from the assessment to pay for part of the cost. If there aren't any other funds available, there has to be some language included to allow the County to get out of the contract if something happens to the extent that the County does not have the money to pay for the project. Director Pinto stated that if they are not going to pay for it, it is not going to get done. Administrator Wright thought that possibility was very remote, but agreed it does exist and some language should be included in the contract. He reported that he has discussed this matter with the counsel for the company that is doing the assessments, and he recognizes that the possibility does exist. JUN 13 1984 He believed this is a waterline that the County is 24 BOOK G F 1r, 416 I `I JUN 13 1984 BOOK 57 P,, 1-0411 going to need, whether it is done now or sometime in the future. The Commissioners agreed that the Motion would include the wording that the contract would be awarded contingent upon the assessment roll. Administrator Wright explained that the $1 -million will be paid back to Farmers Home as part of a long-term debt that the County will have on the utilities system, through revenues generated by the waterlines. Attorney Brandenburg explained that it would be part of the $2.7 million issue that the County has not yet closed on with Farmers Home but upon which the County has outstanding notes. That issue has already been validated. It was understood then that the assessment will pay the major portion of the waterline project and the remainder will come out of the revenues generated from the system. THE CHAIRMAN CALLED FOR THE MOTION, with the addition that the contract is contingent upon the assessment roll. The Motion was voted on and carried unanimously (4-0). BID OPENING TABULATION U INDIAN R= COUNTY BOARD CP COUNTY COMKrSSIONERS PROJECT nh-1ICONTRACT #1 150,000 GALLON ELEVATED WATER STORAGE TANK INDIAN RIVER COUNTY, FLORIDA , JUNE 11, 1984 (2:00 P.M.) 25 ADDENDUM 0 aC) 4 o m -41 0 0 ..i u O v -, CC1 t - M d-). C� &a 4 a C7V m >> to c O aJ >. C o W L E W h ADDRESS OF BIDDER -- no cc am+CJ a nv cc on N -H O m d �m m0) o Cm Nr+RAtE N N c."u u o on0 mca TOTAL AMOUNT RT -ti - 9914 0< u°O moy a /Brown Steel Contractors, Inc Newnan, Georgia Caldwell Tanks, Inc. ,Louisville, Kentucky $ydrostorag+e, Inc. Franklin, Tennessee -CON Services, Inc. Georgia -7 7P, j CSO Ifforc=oss, 25 Project #2- Construction of waterline from Oslo to 58th Ave. 3 ! — e^ Administrator Wright explained that bids were received from nine reputable Florida firms. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board award Contract #2 of Project U84-1 to Boyce Company, St. Petersburg, Flordia, for the water distribution system in the amount of $1,043,250, contingent upon prior approval by the Farmers Home Administration; and contingent upon monies from the assessment roll. Under discussion, Commissioner Bird asked if the company from Georgia that was doing some work for the City on 16th St. contacted the Utilities Dept. on this project, and Director Pinto confirmed that they did but they did not bid. All bids received were from Florida firms. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0) ff^; JUN 13 1984 BOOK � 7 PA, -,E4" ' Fr' - JUN 131984 NAME & ADDRESS OF BIDDER 8001( 57 FACE419' BID OPENING TABULATION INDIAN RIVER'COM= BOARD OF COUNTY COMMISSIONERS PROJECT U84-1/CONTRACT #2 POTABLE WATER DISTRIBUTION SYSTEM EXPANSION INDIAN R= COUNTY, FLORIDA JUNE 11, 1981: (2:00 P.M,) ADDENDUM BBR General Contractors, Inc West Palm Beach, Florida Bartle Excavating & Pipeline Company, Inc. Lake Park, Florida Boyce Company 3 St. Petersburg, Florida Casselberry, Florida F.W. Construction, Inc. Winter Park, Florida Ft. Pierce Contracting Corp. o Ft. Pierce, Florida Heavy Construction ?West Palm Beach, Florida Lanzo Construction Co. -3 Pompano Beach,. Florida RIC -MAN International, Inc. a Pompano.Beach, Florida Scarborough Construction 41 Palm Harbor, Florida I I I I I I I I I a OPENING TABULATION INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT U81, 1/CONTRACT L POTABLE WATER DISTRIBUTION SYSM EXPANSION INDIAN RIVER COUNTY, FLORID JUNE 11, 1984 (2:00 P.M.) o< C] U V) Z m a V2 -el /29- 72? `b •l, al.�, L.So u- •/, /ss, /a. -E J�3/y,sso ` -75-1 act o c INO 2 o O 4_ ami q " +t > •? a7 C O O -N T C .++ -0 y O a7 L E w CCL O "a •N �..� C yu C a E conci 7 •� C .N i. C) 0 u `o �. TOTAL A?'7U'IT BI: om cc nay c .+a a m Cl CC O �+a O Co (D a) x a p TOTAL AMOUNT BID 0 - a) d ti a C) a7 .t0 Q .H U 4- a N w C 7 U O O U N at i Q:C a L.Q: cl:O C4.. •.a O N +) C 4- BBR General Contractors, Inc West Palm Beach, Florida Bartle Excavating & Pipeline Company, Inc. Lake Park, Florida Boyce Company 3 St. Petersburg, Florida Casselberry, Florida F.W. Construction, Inc. Winter Park, Florida Ft. Pierce Contracting Corp. o Ft. Pierce, Florida Heavy Construction ?West Palm Beach, Florida Lanzo Construction Co. -3 Pompano Beach,. Florida RIC -MAN International, Inc. a Pompano.Beach, Florida Scarborough Construction 41 Palm Harbor, Florida I I I I I I I I I a OPENING TABULATION INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT U81, 1/CONTRACT L POTABLE WATER DISTRIBUTION SYSM EXPANSION INDIAN RIVER COUNTY, FLORID JUNE 11, 1984 (2:00 P.M.) o< C] U V) Z m a V2 -el /29- 72? `b •l, al.�, L.So u- •/, /ss, /a. -E J�3/y,sso ` 27 11m I ADDENDUM act c 4_ r. c m o O O " +t > •? a7 C O O -N T C .++ -0 y O a7 L E w CCL 7 a) a C C F..m a > ala NAGE & ADDRESS OF BIDDER yu rnm �U conci o- 0w u `o H TOTAL A?'7U'IT BI: m y . a7 d C:C .+a a m Cl CC •.+O VIM U 46.. M CO �7 0 - 4 Q Z Q C7 U N ►. y Sefcik Construction Cod Edco Construction Co., Inc Belleair, Florida T. A. Forsberg Inc, of 7 Florida Port Charlotte, Florida Tri -Sure Corporation ?Auburndale, Florida icon Construction Co. Lantana, Florida 045,.32 27 11m I Project #3 - Construction of waterline from 58th Ave. & . - SR -60 west to approx. 94th Ave. Administrator Wright explained that the waterline project was split into two phases for expediency and that Boyce was the low bidder on each. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board award Contract #3 of Project U84-1 to Boyce Company of St. Petersburg, Florida, for the waterline distribution system in the amount of $693,405; contingent upon prior approval by Farmers Home Administration; and contingent upon monies from the assessment roll. Under discussion, it was noted that the tentative timetable for this line being installed is February, 1985. Director Pinto noted there was a 6 -month construction schedule included in the bid package. However, the construction of the tank will take one year. Commissioner Bird asked about future capacity for areas north and south of the corridor, and Director Pinto advised that future plans call for bringing an additional line down King's Highway (58th Avenue), joining up with this line and running up the opposite side of SR -60. The initial line coming in will service both sides of SR -60. Commissioner Bird questioned how large an area the County is contemplating providing service for and Director Pinto felt that the additional line would be needed in 7-8 years. The initial line is oversized and will run from Oslo Road to 43rd Avenue to 8th Street, to 58th Avenue, to SR -60, and west to approximately 94th Avenue. Director Pinto explained that we have around $1.9 million in contributions to the line, which represents some 28 JUN 13 41984 BOOK 57 FA, iE 4%0 JUN 13 1984 BooK 57 EA,E 421 600,000 gallons. The only limit on that line now is capacity at the plant, not on the line. After the storage tank is built, we can probably produce 500,00 gallons a day on that line. It is just not practical to have that entire corridor dependent on that one line, especially with the growth of development in that area south of SR -60. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). BID OPMTMG TABUI0.TION INDIAN RIPER COIIN'I7 BOARD OF COUNTY conaSSIONERS PROJECT USh-1/CONMOT #3 i POTABLE WATER DISTRI=ON SYSTEM EXPANSION INDIAN RIVER COMM, FLORIDA jM 11, 1984 (2:00 P.M.)_ A 29 A ADDENDUM 4 - d 0 I No Z G V 1 ca Mm o c c c^ cep yr c_ > > ., a c m +> >. d d o m y '' w TOTAL. AMOUNT DID NAME &ADORESS ., OF BIDDER .+moo o,m .Ju cm o..4 m c. 0 0 14 ' CC C CC LaO6 Q UN N►+ {a z 3 A.O.B. Underground West Palm Beach, Florida MR General Contractors, Inc 768 8yp o� .i West Palm Beach, Florida Barile Excavating & Pipeline Company, Inc. oO 78 370 Lake Park, Florida ,Brown Brothers T710 i '3 ;Casselberry, Florida ,C.F.W. Construction, Inc. ,Winter Park, Florida Ft. Pierce -Contracting Corp. �Ft, Pierce, Florida .,Heavy Construction West Palm Beach, Florida Lanzo Construction Co. G :'Pompano Beach, Florida Owl &Associates, Inc. Vs 22.5 ;Vero Beach, Florida A 29 A BID OPENING TABULATION INDIAN RIM COUNTY BOARD OF COUN'T'Y CSSIO`M.S ` PROJECT U84-1/CONTRACT #4 50,000 GALLON ELEVATED WATER STORAGE TAP]g INDIAN RIVER COUN2'Y. FLORIDA JUNE 11, 1984 (2:00 P.M.) i Director Pinto reported that the total project was estimated at $2,700,000 and the bid came in at $2,485,000. Chairman Scurlock asked where the extra dirt goes on a project such as this because dirt is getting expensive these days. Director Pinto explained that the contract states that will be at the discretion of the County. Director Pinto thanked the Board for considering this matter on today's Agenda as they have really been burning the midnight oil on this waterline and only received the bids on Monday. The consultant, Maskeller and Associates did a good job and, hopefully, they will save the County some money. ABSTRACT OF BIDS IS ON FILE IN THE OFFICE OF THE CLERK 30 JUN 13 1984 Boa 57 Pa,tE 422 ADDENDUM -r. ' O •H L�j C +' 0 I No CQ c. 7 WO C c..4 C;M . i o o O c y £ w NAME & ADDRESS OF BIDDER �u ucci �u � i o _0 m N co. u o O TOTAL AMOUNT BID CrQ: Q C m C5 •.ro L a v O o c N o w -- 6 C, O U •-Ci 4- +' d a - RIC -MAN International, Inc. 7.59, w160 i Pompano Beach, Florida Scarborough Construction 14alm Harbor, Florida Sefcik Construction Cod 3 Edco Construction Co., Inc Belleair, Florida T. A. Forsberg Inc, of Florida Port Charlotte, Florida 72% S$0 ,.Tri -Sure Corporation 7 e 4 2 S0 • 7 Auburndale, Florida /Vicon Construction Co. 7 5 �d e' /vLantana, Florida Director Pinto reported that the total project was estimated at $2,700,000 and the bid came in at $2,485,000. Chairman Scurlock asked where the extra dirt goes on a project such as this because dirt is getting expensive these days. Director Pinto explained that the contract states that will be at the discretion of the County. Director Pinto thanked the Board for considering this matter on today's Agenda as they have really been burning the midnight oil on this waterline and only received the bids on Monday. The consultant, Maskeller and Associates did a good job and, hopefully, they will save the County some money. ABSTRACT OF BIDS IS ON FILE IN THE OFFICE OF THE CLERK 30 JUN 13 1984 Boa 57 Pa,tE 422 JUN 13 1984 BOOK 57 PA,E 423 PUBLIC HEARING — $2.5 MILLION INDUSTRIAL REVENUE BONDS — HETRA COMPUTER AND COMMUNICATIONS INDUSTRIES, INC. 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 X11_ ' �Q Published Daily �? Vero Beach, Indian River County, Florida � %Jr. a if COUNTY OF INDIAN RIVER: STATE OF FLORIDA � Before the undersigned authority personally appeared J. J. Schumansays that he is Business Manager of the Vero Beach Press -Journal, a daily ne at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the lished in said newspaper in the issues of " Z el 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 subscri d be ...e me1isL7l_ o_ iday of r A.D. 19 Manager) (SEAL) (Clerk of the Circuit Cou tVndian River County, Florida) PUBLIC NOTICE LL MEMBERS OF THE PUBLIC are advised t the Board of County Commissioners of In- n River County, Florida, will consider the ption of a resolution with the following title at fr regularly scheduled meeting of June 13, 384; starting at 9:30, a. -m. In the Commission ham the of the Administration Building, 1840 5th Street, Vero Beach, Florida, 32960. A RESOLUTION PROVIDING FOR THE THE ACQUISITION; AND EQUIPMENT OF 'ELY 40,000 SQUARE ,L FACILITY FOR THE 91NG AND MANUFAC- FOR THE ISSUANC ING $2,500,000 INC MENT REVENUE 8 (HETRA PROJECT) "COUNTY, FLORID] OF WHICH WILL HETRA'COMPUTEF TIONS INDUSTRIE: OF SUCH PROJECT THEREOF; PR OV RIGHTS OF THE'h .BONDS AND FO THEREOF; APPOIP AND PAYING AGED ERS OF THE BOP THE SALE OF THE I TION AND DELIVEF DENTURE AND A I MORTGAGE AND, MEn.* MAKING_ THE BONDS; AND PRC FECTIVEDATE : `:'•:;: This advertise me4. is oul 1, . AND IS LO-. )AD 12 INDIAN V,THE HOLD- WTHORIZING. ,.. AND EX£CU- A TRUST-' lk , AGREEMEME, -4--pito or . -use lax tqui y.. and Fiscal Re- sponsibility Act of 1962 (IRS F�egutailtxiFST 103- 2 1f)(2).,•I , If anyverson decides to appeIt an1y. eclston made on the above matter, heishe, will need a record of the proceedings` and' for,"suctr:ipur- Poses, he/she may need to ensure that $, verba- tim record of the; proceedings is'made, which recordIncludes the testimony in:,evjdence on which the appeal is based" ; !: Indian River county.`'' Board of County Com" mi lssloners Don C. Scurlock Jr. i Chairman May 26:.7984 Ey Attorney Brandenburg explained that after the County entered into an inducement resolution with HETRA in February of this year, the company purchased land and is now conducting the engineering necessary for construction of their facility. The adoption of the proposed resolution 31 will authorize us to go ahead and validate the bonds, and _ eventually sell them. Attorney Brandenburg reported that Mr. Byer, Vice President of HETRA, indicated over the phone that he feels the project is coming along too slowly. HETRA has encountered and overcome a couple of problems. Drainage difficulties on the property were solved after HETRA obtained easements to clean out canals. They have also taken away a job from an engineer who was dragging his feet on the project and replaced him with a company from Cocoa. Mr. Byer was very glad to hear that this resolution is on the agenda today and he is requesting the Commission to approve it. Attorney Brandenburg explained that two changes were made after the draft of the resolution was prepared and included in today's backup material. The County Planning Dept. has assigned a street address to the location and that has been inserted. Secondly, a clause has been added which indicates that this project would have priority, as far as State allocations of industrial revenue bonds are concerned, assuming that the Federal government passes a state-wide cap on industrial development revenue bonds. If this legislation is passed, the State would divide up those industrial development revenue bonds to each of the counties. Because legislation is in progress, the only thing we can do now is to insert a clause into the resolution stating that if that occurs, then this project will have #1 priority for this County's allocation of industrial development revenue bonds. The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board 32 BOOK 57 FADE 424 JUN 13 1984 BOOK 57 F,9'-JA$9 unanimously (4-0) closed the Public Hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Resolution 84-4'0(a) providing for financing of construction and acquisition of equipment for an industrial facility for HETRA Computer and Communications Industries, Inc. by providing for the issuance of $2.5 million industrial development revenue bonds; and authorized the Chairman's signature. 33 RESOLUTION NO. S4_40 (a) A RESOLUTION PROVIDING FOR THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF AN APPROXIMATELY 40,000 SQUARE FOOT INDUSTRIAL FACILITY FOR THE DESIGN, ENGINEER- ING AND MANUFACTURE OF COMPUTER SYSTEMS, SUB- SYSTEMS AND PERIPHERALS, AND OTHER ELECTRONIC SYSTEMS, LOCATED AT 10300 COUNTY ROAD 12 (FELLSMERE) IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $2,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1984 (HETRA PROJECT), OF INDIAN RIVER COUNTY, FLORIDA, THE PROCEEDS OF WHICH WILL BE LOANED TO HETRA COMPUTER AND COMMUNICATIONS INDUSTRIES, INC., THE OWNER OF SUCH PROJECT, TO PAY THE COST THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS AND FOR THE PAYMENT THEREOF; APPOINTING A TRUSTEE AND PAYING AGENT FOR THE HOLDERS OF THE BONDS; AUTH- ORIZING THE SALE OF THE BONDS AND EXECU- TION AND DELIVERY OF A TRUST INDENTURE AND A LOAN AGREEMENT, MORTGAGE AND SECURITY AGREEMENT; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted pursuant to Chapter 159, Part II, Florida Statutes, and other applicable provisions of law (collectively, the "Act"). SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms used in this resolution shall have the meanings specified in the Trust Indenture (the "Indenture") and Loan Agreement, Mortgage and Security Agreement (the "Loan Agreement") attached hereto as Exhibits A and B, respectively. SECTION 3. FINDINGS. mined and declared as follows: It is hereby ascertained, deter- -1- 34 JUN 13 '51184 BooK 57 FA,E 426 JUN 13 1984 BOOK 57ACE 42,7. 7 A. Indian River County, Florida (the "Issuer"), is authorized by the tact to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing of certain projects, including machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Issuer may be able to promote the economic develop- ment of the State of Florida (the "State"), increase oppor- tunities for gainful employment and otherwise aid in improving the prosperity and welfare of the State and its inhabitants; and to provide such financing through the issuance of industrial development revenue bonds. B. The acquisition, construction and equipment of an approximatley 40,000 square foot industrial facility for the design, engineering and manufacture of computer systems, sub- systems and peripherals, and other electronic systems, including any necessary utilities, by HETRA Computer and Communications Industries, Inc., a Delaware corporation (the "Borrower"), the owner thereof, to be located at the street address of 10300 County Road 12 (Fellsmere), entirely within the unincorporated area of the Issuer (the "Project"), is appropriate to the needs and circumstances of the community of the Issuer, and the loca- tion of the Project within the jurisdictional territorial limits of the Issuer will make a significant contribution to the econo- mic growth of such community, will provide gainful employment and will serve a public purpose by advancing the economic prosperity and the general welfare of the State and its people. C. Giving due regard to the ratio of the Borrower's current assets to its current liabilities, the net worth and ear- nings trends of the Borrower, coverage of all its fixed charges, the nature of the business involved, its inherent stability and all other factors determinative of the Borrower's capabilities, financial and otherwise, of fulfilling its obligations con- sistently with the purposes of the Act, the Borrower is finan- cially responsible and fully capable and willing to fulfill its obligations under the Loan Agreement, including the obligation to make payments thereunder in the amounts and at the times required pursuant to the terms of the Loan Agreement and the obligation to operate, repair and maintain the Project, at its own expense; and the Borrower is desirous of fully performing all other obliga- tions and responsibilities imposed upon it pursuant to the provi- sions of the Loan Agreement. D. The Issuer is able to cope satisfactorily with the impact of the Project, and all the necessary public facilities, -2- 35 M utilities and services that will be necessary for the construction, operation, repair and maintenance of the Project and on account of any increase in population or other circumstan- ces resulting by reason of the location of the Project within the jurisdictional territorial limits of the Issuer, will be provided by the Borrower when needed. . E. Adequate provision is made under the provisions of the Loan Agreement for the operation, repair and maintenance of the Project at the expense of the Borrower, and for the payment of the principal of, premium, if any, and interest on the Bonds. F. The principal of, premium, if any, and interest on the Bonds and all payments required under the Loan Agreement and the Indenture shall be payable from the proceeds derived by the Issuer under the Loan Agreement, including the loan payments required to be made by the Borrower in connection with its use and operation of the Project, and the Issuer shall never be required to (1) levy ad valorem taxes on any property within its jurisdictional territorial limits to pay the principal of, premium, if any, and interest on the Bonds or to make any other payments provided under the Loan Agreement and the Indenture, or (2) pay the same from any funds of the Issuer other than those derived by the Issuer under the Loan Agreement; and such Bonds shall not constitute a lien upon any other property owned by or situated within the jurisdictional territorial limits of the Issuer. G. The payments to be made by the Borrower to the Trustee under the Loan Agreement will be sufficient to pay all principal of, premium, if any, and interest on the Bonds, as the same shall become due, and to make all other payments required by the Loan Agreement and the Indenture. H. The costs to be paid from the proceeds of the Bonds will be costs of the Project, within the meaning of the Act. I. The interest on the Bonds will be exempt from federal income taxation under existing laws of the United States. J. Industrial development revenue bonds are tradi- tionally sold on a negotiated basis and, consequently, a com- petitive sale of the Bonds would in all probability not produce better terms than a negotiated sale, particularly in view of the timing of such an offering and the current instability of the bond market. K. The Bonds are payable from the proceeds of the Loan Agreement and, therefore, the Issuer does not have a direct -3- JUN 13 41994 W - BOOK 57 FACE 428 JUN 13 1994 interest in the terms of unwillingness to undertake public sale of the Bonds. BOOK 57 FACE 429 sale. The Borrower has expressed its the risks and expenses attendant to a L. The complex nature of the security for payment of the Bonds requires a lengthy review of the credit of the Borrower which would be financially impractical for bidders to undertake in a competitive sale context. M. The Issuer expects to sell the Bonds at negotiated sale shortly after their validation. N. Notice of the proposed adoption of this resolution was published at least once not later than 14 days prior to the date of adoption of this resolution, in a newspaper of general circulation in the area of the Issuer. SECTION 4. FINANCING OF PROJECT AUTHORIZED. The financing of the cost of the Project in the manner provided in the Loan Agreement is hereby authorized. SECTION 5. AUTHORIZATION OF BONDS. Obligations of the Issuer to be known as "Industrial Development Revenue Bonds, Series 1984 (HETRA Project)," are hereby authorized to be issued in an aggregate principal amount not exceeding $2,500,000, in the form and manner described in the Indenture. The Bonds will be dated such date and mature in such years and amounts, will con- tain such redemption provisions and will bear interest at such rate or rates (not exceeding the maximum interest rate permitted by the Act), all as provided in the Indenture. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF LOAN AGREEMENT. The Loan Agreement, in substantially the form attached hereto as Exhibit B, with such changes, insertions and corrections as may be approved by the Chairman of the Board of County Commissioners of the Issuer (the "Chairman"), such appro- val to be presumed by his execution thereof, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Chairman and Clerk of the Board of County Commissioners of the Issuer (the "Clerk") to execute and attest under the official seal of the Issuer, the Loan Agreement, and to deliver to the Borrower the Loan Agreement, all of the provisions of which, when executed and delivered by the Issuer as authorized herein and by the Borrower duly authorized, shall be deemed to be a part of this resolution as fully and to the same extent as if incor- porated verbatim herein. SECTION 7. TRUSTEE AND PAYING AGENT. The Issuer hereby appoints Barnett Banks Trust Company, N.A., Jacksonville, Florida, as Trustee and Paying Agent with respect to the Bonds. -4- 37 ® M M SECTION 8. AUTHORIZATION OF EXECUTION AND DELIVERY OF INDENTURE. As security for the payment of the principal of, premium, if any, and interest on the Bonds, pro rata and without preference of any one of the Bonds over any other thereof, the Indenture, in substantially the form attached hereto as Exhibit A, with such changes, insertions and corrections as may be approved by the Chairman, such approval to be presumed by his execution thereof, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Chairman and Clerk to execute and attest under the official seal of the Issuer, the Indenture, and to deliver to the Trustee the Indenture, all of the provisions of which, when executed and delivered by the Issuer as authorized herein and by the Trustee duly authorized, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein. The Issuer does hereby provide in the Indenture the terms, conditions, covenants, rights, obligations, duties and agreements to and for the benefit of the holders of the Bonds, the Issuer, the Borrower and the Trustee. SECTION 9. SALE OF BONDS. The Bonds may be sold at negotiated sale, all at one time or in installments from time to time, for such price or prices and upon such other terms and conditions, consistent with the Act, as the Issuer may determine in its discretion. SECTION 10. NO PERSONAL LIABILITY. No covenant, stipu- lation, obligation or agreement herein contained or contained in the Loan Agreement or the Indenture shall be deemed to be a covenant, stipulation, obligation or agreement of any member, agent or employee of the Issuer or its governing body in his individual capacity, and neither the members of the Board of County Commissioners of the Issuer nor any officer of the Issuer executing the same shall be liable personally thereon or on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds. SECTION 11. NO THIRD PARTY BENEFICIARIES. Except as herein or in the Loan Agreement or the Indenture otherwise expressly provided, nothing in this resolution or in the Loan Agreement or the Indenture, expressed or implied, is intended or shall be construed to confer upon any person or firm or cor- poration other than the Issuer, the Borrower, the holders of the Bonds and the Trustee any right, remedy or claim, legal or equitable, under and by reason of this resolution, the Loan Agreement or the Indenture; this resolution, the Loan Agreement and the Indenture intended to be and being for the sole and exclusive benefit of the Issuer, the Borrower, the holders from time to time of the Bonds and the Trustee. -5- JUN 13 °0984 BOOK 57 fAIGF 4:30 JUN 13 1984 BOOK 57 FACE 431 SECTION 12. PREREQUISITES PERFORMED. All acts, con- ditions and things relating to the passage of this resolution, and to the execution of the Loan Agreement or the Indenture, required by the Constitution or laws of the State to happen, exist and be performed by the Issuer precedent to and in the passage hereof, and precedent. to the execution and delivery of the Loan Agreement or the Indenture, have happened, exist and have been performed as so required. SECTION 13. ELECTION UNDER SECTION 103(b)(6)(D). The Issuer does hereby elect to have the provisions of Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended (collectively, the "Code"), apply to the Bonds, and the Chairman is hereby authorized and directed to evidence such election by executing and filing on behalf of the Issuer, a statement in the form required by Section 1.103-10(b)(2)(vi) of the regulations under the Code. SECTION 14. PRIORITY IN ALLOCATION. The Board of County Commissioners of the Issuer will establish a first priority for and allocate, out of any volume allotment it receives or may receive from state or federal sources with respect to industrial development revenue bonds issued by it or on behalf of it during the calendar year 1984, not exceeding $2,500,000 aggregate principal amount for the Bonds. SECTION 15. GENERAL AUTHORITY. The members of the Board of County Commissioners of the Issuer and the officers, attorneys, engineers or other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this resolution, the Loan Agreement or the Indenture, or desirable or consistent with the requirements hereof or such documents, for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the Loan Agreement or the Indenture and this resolution. SECTION 16. VALIDATION AUTHORIZED. The attorney for the Issuer is hereby authorized and directed to prepare and file proceedings in the Circuit Court for Indian River County, Florida, to validate the Bonds in the manner provided by law. SECTION 17. ARBITRAGE. The Issuer covenants that it will not direct the Trustee to make any investments or acquiesce in the making of any investments by the Trustee pursuant to or under the Loan Agreement or the Indenture which could cause the Bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the Code and the applicable regulations issued thereunder. 39 SECTION 18. RESOLUTION CONSTITUTES A CONTRACT. The Issuer covenants and agrees that this resolution shall constitute a contract between the Issuer and the holders from time to time of any of the Bonds then outstanding, and that all covenants and agreements set forth herein and in the Loan Agreement and the Indenture to be performed by the Issuer shall be for the equal and ratable benefit and security of all holders of the Bonds without privilege, priority or distinction as to lien or other- wise of any of the Bonds over any other of the Bonds. SECTION 19. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein con- tained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds issued hereunder. SECTION 20. REPEALING CLAUSE. All resolutions or parts thereof of the Issuer in conflict with the provisions herein con- tained are, to the extent of such conflict, hereby superseded and repealed. SECTION 21. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 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 Ave Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Absent Commissioner William C. Wodtke, Jr. Aye -7- JUN 13 1984 40 BOOK 5 7 FacE 4P32 JUN 13 1994 wK 57 Fa E 433 The Chairman thereupon declared the resolution duly passed and adopted this 13th day of June, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ✓�. DON-. _ C. SCURL CK, JR. Chairman Attest: ,,.e_e ; FREDA - `r]RIG-HT, Clem APPROVED A TO FOkMI AND LEGAL SrI IENCY1 744: BRANDENURG ty Attorney PUBLIC HEARING - ORDINANCE AMENDING ORDINANCE 82-26, CODE OF LAWS AND ORDINANCES - STANDARD BUILDING CODE REVISION The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 41 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 - PUBLIC NOTICE The Board of County Commissioners of Indian RNer; County, Florida. will conduct a Public Hearing o6. -June 13, 1984, at .9A5 a.m. 1n the Commission Chambers at the County Adminis- tration ,Building, 1840 25th Street, Vero Beach, Florida, to consider the adoption of the Ordi- nance entitled s ' ORDINANCE "OF ' t,. BOARD OF CO)JNTY .COMMISSIONERS OF INDIAN RIVER' COUNTY, FLORIDA, AMENDING . SECTION' 431_°OF E'INDIAN RIVER COUNTY CODE :OF LAWS AND ORDI- NANCES, ORDINANCE ,NUMBER 82-26, PRQVIDING FOR THE ADOPTION OF HE STANDARD BUILDING CODE, 1982 EDL`LIQA1. AS.,MODIFIED BY THE 1,983 AND 1984 ` REVISIONS' : THERETO. ''PROMULGATED BY'THE_:SOUTHERN, lished in said newspaper in the issues of� If :-- �T mad recc pos tim 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- May 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's any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed b fore m th' day of A.D. 19 rI kipusiness Manager)i (SEAL) (Clerk of ian River County, Florida) AL, INC:. pbrSon decides tb appeal any decision the:above matter, he/she will need a i4the, proceedings and. for such Pur- i/she may need to ensure that a verbs - rd of the proceedings_ is made, which ncludes -the testimony in evidence on 9 appeal iq based tdiari'RlverCounty card bf County Commi§sioners ion C. Scurlock, Jr;. 'hairman' 1984. --- Attorney Brandenburg explained that these modifications to the Standard Building Code are updated annually and presented by Building Director Ester Rymer who will be back with the 1985 revision when it is finished; this is just for the interim. Director Rymer advised that these 1983 and 1984 revisions by Southern Building Code Congress International, Inc. will allow for smaller windows in homes. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. 42 JUN 13 1984 BOOK 57 FACE 40 4 JUN 13 1984 Goof 57 FAc�: 4p35 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board, unanimously (4-0) closed the Public Hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board adopted Ordinance 84-35, amending Section 4-31 of the County Code of Laws and Ordinances, No. 82-26, as modified by'the 1983 and 1984 revisions to the Standard Building Code. 43 ORDINANCE 84-35 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 4-31 OF THE INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES, ORDINANCE NUMBER 82-26, PROVIDING FOR THE ADOPTION OF THE STANDARD BUILDING CODE, 1982 EDITION AS MODIFIED BY THE 1983 AND 1984 REVISIONS THERETO PROMULGATED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida that; SECTION I Adoption of Standard Building Code, 1982 Edition as revised by the Southern Building Code Congress International, Inc. 1983, 1984 revisions. Ordinance Number 82-26, Section I of Indian River County, Florida, constituting Section 4-31 of the Code of Laws and Ordinances of Indian River County, is hereby amended to read as follows: The Standard Building Code, 1982 Edition, as amended by the 1983 and 1984 revisions, as published by the Southern Building Code Congress International, Inc. is hereby adopted by reference as the Indian River County, Florida, Building Code with the modifications as hereinafter set forth. SECTION II INCLUSION AND CODE This Ordinance may be renumbered and relettered for the purpose of including it within the Code of Laws and Ordinances of Indian River County, Florida. SECTION II EFFECTIVE DATE This Ordinance shall become effective upon notification to Indian River County that the Secretary of the State of the State of Florida has received and filed the copy of this Ordinance and their official records of the State of Florida. Approved and adopted by the Board of County Commisioners of Indian River County, Florida on this 1�th day of June, 1984. JUN 13 1984 —1— aoox 57 F.vcF436 F'"' - JUN -1 3 1984 BOOK 57' F`:iu 437 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G F F DON C. SCURL CK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 2nd day of July , 1984. Effective date: Acknowledgment from the Department of State received on this 9th day of July , 1984, at 1:30 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By�y C unty At RESOLUTION DESIGNATING GOLF CART ROUTES IN COUNTRY CLUB - _ POINTE SUBDIVISION The Board reviewed the following letter dated 5/17/84: DAVID V. ROBISON, ARCHITECT, P.A. MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS POST OFFICE DRAWER 610 NCARB CERTIFICATE NO. 9277 FLORIDA CERTIFICATE NO. 1770 V E R O BEACH, FLORIDA 32960 NORTH CAROLINA CERTIFICATE NO. 1943 ( 3 0 5) 5 6 7- 5 2 2 4 Dear Mr. Davis: Enclosed is a copy of a memorandum from Michael Orr dated March 20, 1984. Also enclosed is a copy of a map which is being sent also to the City of Vero Beach. My interpretation of the memorandum is that roads surrounding Vero Beach Country Club that are within the County have been designated for use by golf carts in accordance with Florida Statutes Section 316.212. In the event that my interpretation of this memorandum is incorrect please accept this letter as a formal request to have portions of 30th Street as indicated on the drawing so designated so that the Vero Beach Country Club can be in compliance. We appreciate your help in this matter. Very truly yours, 4, t4- s David V. Robison, Chairman Golf Cart Committee, VBCC ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 84-41, designating certain streets in the Country Club Pointe Subdivision as golf cart routes. 45 JUN 13 1984 BOOK 57 FACE 438 CO May 17, 1984 \ fa • J C -N r ig?s .jam 7'• y Mr. James W. Davis Public Works Director Indian River County Florida County Administration Building Vero Beach, Florida 32960 Dear Mr. Davis: Enclosed is a copy of a memorandum from Michael Orr dated March 20, 1984. Also enclosed is a copy of a map which is being sent also to the City of Vero Beach. My interpretation of the memorandum is that roads surrounding Vero Beach Country Club that are within the County have been designated for use by golf carts in accordance with Florida Statutes Section 316.212. In the event that my interpretation of this memorandum is incorrect please accept this letter as a formal request to have portions of 30th Street as indicated on the drawing so designated so that the Vero Beach Country Club can be in compliance. We appreciate your help in this matter. Very truly yours, 4, t4- s David V. Robison, Chairman Golf Cart Committee, VBCC ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 84-41, designating certain streets in the Country Club Pointe Subdivision as golf cart routes. 45 JUN 13 1984 BOOK 57 FACE 438 JUN 131984 Boa 57 FACE 4.39 RESOLUTION NO. 84 - 41 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DESIGNATING CERTAIN STREETS IN THE COUNTRY CLUB POINTE SUBDIVISION AS GOLF CART ROUTES. WHEREAS, Florida Statutes, Section 316.212, permits local governments to designate and regulate roadways under their jurisdiction for use by golf carts; and WHEREAS, Indian River County maintains dedicated public roadways in the Country Club Pointe Subdivision; and WHEREAS, the Golf Cart Committee of the Vero Beach Country Club has petitioned Indian River County to designate roads surrounding the Vero Beach Country Club for use by golf carts. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that 1. Uniform standards for the determination of golf cart route designation be adopted as follows: golf cart routes shall be functionally classified as local roads with a posted speed limit not to exceed thirty (30) miles per hour and an average daily traffic volume less than one thousand (1000) vehicles per day. 2. County -maintained roadways listed below, having satisifed the aforementioned uniform standards, be designated as golf cart routes in conformance with the provisions in Florida Statutes, Section 316.212: a. 30th Street from Country Club Drive to Calcutta Drive; b. Golfview Drive from 30th Street to Par Drive; c. Calcutta Drive; d. Nassau Drive; and e. Par Drive. The foregoing resolution was offered by Commissioner��� who moved its adoption. The motion,ewas seconded.by Commissioner follows: 1—yo-As and, upon being put to a vote, the vote was as Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Absent Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 13th day of .Tun P , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY:a G Don C. Scurlocc, Jr., Cha' m ATTEST: Freda Wright, Clerk APPROVED 6R SUFFICIENCY BY- L - Y• /I _ 900K 57 F�,,E �40 JUN 13 1984 JUN 13 1984 BOOK 57 PACE 441, APPROVAL OF TEMPORARY WASTEWATER CAPACITY TRANSFER AGREEMENT BETWEEN CITY OF VERO BEACH AND INDIAN RIVER COUNTY Attorney Brandenburg explained that this is an agreement for a temporary transfer only; the City Council had a caveat in their Motion that the 100,000 gallon transfer to the hospital node was going to be only on a temporary basis and that eventually the County will build a system in that area and take over this capacity. A clause was also inserted by the City to protect themselves in the event someone from the south mainland area were to sue them and receive an allocation for capacity over the 500,000 gallon limit for that area. This would allow the City to cease the temporary capacity to the hospital node, but only after a 24 -month period. The County Attorney thought that was fair and Administrator Wright felt that 24 months would give Clark Development, Inc. adequate time to put in a package plant for which they have reserved money in the event it was needed. Chairman Scurlock did not want to limit any of the County's options in terms of the -County pursuing this capacity from that plant. Administrator Wright noted that approximately 12,000 gallons are committed from the 100,000 gallon capacity and thought that the remainder will suffice for the hospital node for a short period of time, probably a couple of years. Chairman Scurlock noted that the Ralmar group is considering the construction of a facility which would require 50,000 gallons, which would bring it to 62,000. He felt that the bottom line is that the Commission is going to have to move forward through a consultant's report to establish a wastewater system in that area. Administrator Wright explained that the procedure being used at present is that developers must come in with a site 46 plan before any allocation is given. Allocations are not given on speculation. Commissioner Wodtke asked if a court order were issued that stated it is the City's responsibility to service the south beach area, would this agreement be saying that they will be able to transfer the 6th Ave. 600,000 gallons to south beach. Attorney Brandenburg assured Commissioner Wodtke that the 600,000 gallon capacity is only for the south mainland. In the event that the County was to sue the City and the court said that the City would have to service all the south mainland area with unlimited capacity which may exceed the 600,000, the City would give us notice that they are no longer going to service the hospital node on a temporary basis. This paragraph only relates to the south mainland. Chairman Scurlock wanted the Commission to be aware that he did contact the City of Vero Beach after the City Council meeting at which the south beach issue was discussed. He reported that Mayor Gregg will be out of town until late June and, therefore, there is no one with which to negotiate. He stressed that he is following up with a formal letter indicating that he has made the effort. Commissioner Wodtke was concerned that the wording in Section 2 could be interpreted to mean that we could lose 100,000 gallons from the south mainland 600,000 gallons and suggested the deletion of the clause "or be relinquished to the City". The Commissioners agreed that this phrase should be stricken from the agreement. Attorney Brandenburg explained that this agreement was reviewed by City Attorney Charles Vitunac and Tom Nason, and he had received a call this morning indicating the agreement was satisfactory to them with one change in Section 4. The County Attorney noted that this agreement has not come before the City Council as yet. 47 JUN 13 1984 BOOK 57 F,�GT,44? � I JUN 1.1 ?984 BOOK 57 Ft:GE 443 Commissioner Lyons asked how this agreement affects the promises we have made on 6th Avenue, and Administrator Wright stated that we should be able to provide service to that area and the hospital, but it will be a touch and go situation at times because of the rapid expansion. Commissioner Lyons thought that we had committed all of that capacity and Administrator Wright pointed out that some people who have purchased it will not be using it for two years or so. Administrator Wright explained that everybody who takes a temporary capacity in the hospital node has to reserve money for an alternative -- a package plant. Chairman Scurlock believed it would be a good idea not to reallocate any returned taps on the 6th Avenue capacity and he suggested that they be held up until we reach that 600,000 gallons. Administrator Wright agreed that any returned taps will be reserved, and noted there is a waiting list of people wanting capacity. He advised that they would come back to the Board on that matter. Commissioner Lyons asked where the sewer line connection will be made and Attorney Brandenburg advised that is up to the City. In the past when the County has entered into these hookup agreements, they have entered into a tripartite agreement with the people, the City and the County, and he recommended not to enter into three -party agreements in the future. If the City allocates 100,000 gallons, which is to be used up in the hospital area, people would have to come to the County and ask for capacity. The County would then write a letter approving the request under certain conditions. After meeting those conditions, they would deal with the City. Commissioner Lyons was worried that the wording in . Section 3 could be interpreted in such a way as to allow the City to decide that the point of connection would be at the 48 M �I sewer plant and the County would then have to build a line_ all the way to the plant. Attorney Brandenburg did not feel that the City would agree in advance about the tap -ins for the entire 100,000 gallons. He still felt that matter should be negotiated between the City and those people hooking in, just as if they were in the City's service area. Chairman Scurlock thought that it was extremely interesting in their negotiations with the City that the developer ended up paying $11,000 of which $6,000 was an impact fee for just temporary service, and Attorney Brandenburg pointed out that the developer will not get that money back. Commissioner Lyons was still concerned that the agreement was wide open as far as what the City could decide. Chairman Scurlock, however, agreed with the County Attorney that if the terms are acceptable to the developer, so be it. Attorney Brandenburg explained that the County has done everything it can to make available 100,000 gallons to the hospital node, and it is now up to the developer to deal with the City re the hookups, tie-ins, line charges, impact fees, etc. He further explained that when the County builds a treatment plant in that area and takes over the 100,000 gallon capacity, developers will have to pay an impact fee. The City maintains that they are not charging an impact fee, but are charging a connection fee. He felt that the County should not be involved in negotiating fees for private developers. Commissioner Bird thought that he would be more comfortable if there was some language in Section 3 that would stipulate that the connection be made at the nearest feasible point. Attorney Brandenburg explained the reason why they had inserted the phrase "which shall be coordinated with the County" is that the temporary hookups should be JUN 13 1% 14 a 49 nor 7 Pqc� 444 I JUN 13 1984 BOOK 57 FACE 445 designed so that the system can be turned around and run the opposite way once the County system is built. Attorney Brandenburg noted that Section 4 will be changed to read: "The CITY shall have title to all lines, pumps, and other necessary equipment installed for the purpose of providing temporary service under this agreement, and shall operate and maintain. At the time COUNTY provides service to the area, CITY shall transfer by appropriate instrument all said improvements at no charge. All disconnections/restoration costs to effect the transfer from the CITY system shall be at other than CITY expense." Attorney Brandenburg stated that up to this point the people that have been wanting to develop in that area have been bounced back and forth from the City and the County. After the County enters into this agreement, they will have to deal with the City, and Chairman Scurlock believed that if there is a "no", it will be very clear where the "no" is coming from, because in the past the County has been accused of wearing the black hat. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the Temporary Wastewater Capacity Transfer Agreement with the City of Vero Beach, with the changes as noted by the County Attorney; and authorized the Chairman's signature. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board adopt a policy not to enter into future tripartite agreements with the City of Vero Beach in connection with sewer and water, but to follow the W n L procedure outlined by the County Attorney; with the understanding that where we have existing agreements with the City of Vero Beach, we will give reasonable assistance and refer the applicant to the City for service. Under discussion, Attorney Brandenburg explained that this was merely a request to approve a procedure of how to allocate the 100,000 gallon capacity. Individuals would come to the County Utilities Department, make the necessary arrangements to get off the system if necessary, post bonds, and pay escrow or impact fees, etc. After receiving a letter signed by the Utilities Director determining the amount of allocation, they would take the letter to the City and deal with the City from that point on. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). SAID AGREEMENT WILL BE MADE PART OF THE RECORD WHEN EXECUTED AND RECEIVED FORMATION OF ECONOMIC DEVELOPMENT COMMITTEE Chairman Scurlock explained that after giving considerable thought to this matter he finally put this on the Agenda today. He reported that he has had an opportunity to talk with some very significant people in the community who feel that the formation of an economic development committee is needed to broaden the County's economic base and identify the net effects of a variety of activities which we are going to be facing in the future. The Chairman stated he is more and more convinced that this Commission should establish such a committee whereby 51 JUN 13 1984 BOOK 57 FnirE 446 I JUN 13 1984 Booz 57 FacE 44 developers would have a central government source to approach to see if the County is interested in certain industries. He believed such a committee would just compliment, not compete with the Chamber of Commerce. Commissioner Bird suggested that members of the Chamber of Commerce be appointed to this committee to aid in coordination. Chairman Scurlock read a letter received from John Trumbull, former Chairman of the Chamber of Commerce Industrial Relations Committee, which addressed the breakdown of communications between the Chamber of Commerce Industrial Relations Committee and County and State officials. Mr. Trumbull believed that an economic development committee is very much needed and that better communications should be one of the first tasks addressed by the committee. Chairman Scurlock proposed that the Commission authorize him to invite a broad cross section of people in and discuss the issue and let that committee itself propose some goals and makeup of the committee and then come back with a recommendation to the Board. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board endorse the concept of forming an Economic Development Committee and authorize Chairman Scurlock to proceed as suggested and come back to the Commission with a firm proposal. Commissioner Wodtke agreed that the County has needed such a committee for a long time and he thought it would serve as a very good communication tool between the County . and industry and that such a committee could properly analyze the impact and benefits of light industry. 52 Administrator Wright thought that we need to make a• - distinction between this group and the Overall Economic Development Planning Committee, and Planning Director Robert Keating explained that the formation of the OEDP Committee resulted out of the County applying for EDP grants.. In order to be eligible for those grants, the County was required to have an Overall Economic Development Plan prepared by a committee composed of members representing a cross section of the community. He explained that the OEDP committee will be more of a long-range planning committee that will develop some specific strategy, but it would not be a day to day committee. Administrator Wright thought that one committee would compliment the other. Intergovernmental Director Tommy Thomas pointed out in regard to the ODEP Committee, that there is frequently a borderline on what is quasi public and quasi private, as far as industrial development is concerned. He noted there are certain economic functions that might best be developed by government -- not many, but there are some, particularly if it is County -owned property. Basically, the goal of both committees is to create employment. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). DEMOLITION LIEN - MINNIS PROPERTY Attorney Brandenburg explained that William Copeland Minnis, Jr. originally approached Commissioner Lyons with respect to removing a lien that was imposed on his property by virtue of an unsafe building. Mr. Minnis is requesting that the County waive interest that has accrued at 6% annum since the lien was imposed in 1981. He is also suggesting that he be allowed to pay the lien off in installments. 53 3 JUN 1 BOOK 57 FACE 448 � X984 JUN 13 1984 BOOK 57 pn, 4 4 9 G Mr. Minnis addressed the Board and stated he owns three houses on the corner of CR -510 and 63rd Avenue. He explained his reasons for feeling that it is not justifiable for him to pay the lien. He recalled that his sister, Sarah Minnis Forbes, co-owner of the subject property, called the Sheriff's Department one day in June, 1980 and reported that marijuana was being grown on the western portion of the property. A Deputy Sheriff came immediately and asked her to point out where the marijuana was being grown. While this was going on, a man was watching from a trailer parked on that portion of the property. He and, apparently, some other men had time to harvest all the marijuana plants that were growing and even saved the plants that had been cut and were hung in trees to dry. Mr. Minnis believed that his house was set on fire in retaliation for his sister reporting the marijuana stand. The Sheriff's Dept. listed the fire as arson. They said that they would clean the whole lot up for $800 and he received a bill for $3,000 at 6% interest. He felt that was wrong and when he tried to see Commissioner Lyons at the other building over on 14th Avenue, they refused to let him see him. They said that nothing could be done because the lien had been filed and he had to pay the money with interest. Commissioner Lyons did not understand why Mr. Minnis was not able to see him, as he is always available to anyone who wishes to see him. He understood, however, that one house was burned down and another damaged. The County said that he had to clear it off and when Minnis did not do it, the County did it and billed him for the demolition costs. He pointed out that the work was authorized by Mrs. Sarah Minnis. Chairman Scurlock asked who told him that it was going to cost $800 and Mr. Minnis seemed very reluctant to identify that individual, but stated that Bob Neeley, who 54 worked for the County, estimated it would cost $800 to _ bulldoze the building because it was arson. He thought that even $800 was too much. He felt he could have done the job himself, because as a stucco contractor, he had the equipment necessary to haul the remaining debris to the landfill after setting fire to the house. Commissioner Lyons personally felt he was not in a position to say the cost should have been less. In view of this dispute, he could only suggest that the County waive the interest and make arrangements to pay off the lien rather quickly. Administrator Wright explained that the only persons who could quote an approximate demolition cost would be Albert VanAuken or one of the supervisors. He emphasized that Mr. Neeley did not have the authority to give a price on the demolition. Mr. Minnis explained that the demolition was done two or three days after the fire. They came to the house and said it was arson and they wanted to go ahead and push it down. Commissioner Lyons could not understand the County doing something like this so quickly as there is a lengthy procedure for demolition of an unsafe structure. Attorney Brandenburg confirmed that Mrs. Sarah Minnis gave consent for the demolition by the County, and he suggested that Mr. Minnis should have consulted with her about the charges. Commissioner Wodtke suggested that we look into this further as he was concerned that somebody from the County had told him the demolition cost would be $800 and then the bill came in at $3,000. Administrator Wright pointed out that we would be going back four years and recommended that the County not get 55 JUN 13 1984 BOOK 5 7 PAGE 450 V JUN 13 1994 E300K. 57 r," -UF 451 involved in negotiating liens and that this lien remain in effect. Building Director Ester Rymer noted that the affidavit shows that Mrs. Minnis authorized the County to remove the structure because she could not do it. Director Rymer also emphasized that the Building Dept. does not quote costs. Mr. Minnis pointed out that he never got a notice about attending the Board of Commissioners' meeting at which the lien was authorized and stated his address in Wabasso, P.O. Box 381, has always been the same. He just received the second notice. It was suggested that perhaps his sister had received the first notice. Mr. Minnis asked what type of problem would this create if he were to go to the bank for a $100,000 loan and Attorney Brandenburg advised him that it would show that he had a lien against his property, but advised him that he could take money from the amount of his loan to pay off the lien. He also advised Mr. Minnis that the County would help him in negotiations for a bank loan. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board retain the lien on the Minnis property with the rate of interest as accumulated to date; with the understanding that no more interest will accumulate during the next 24 months. If the lien and interest is not paid in full at the end of 24 months, interest that would have accrued will be applied. Under discussion, Chairman Scurlock thought the County has some moral obligation because someone from the County had quoted such a low cost for demolition. 56 � e� r Commissioner Lyons assured Mr. Minnis that the install- ment payments would be figured and a proper bill would be sent to his correct address: P.O. Box 381, Wabasso, Florida. 57 JUN 13 1984 BOOK U7 PP -'E452 _I JUN 13 1984 zg'?! 54 BOOK 57 FACE 453 L I E N THIS LIEN, filed the 9th day of July 1981, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of Chapter 65-1712, House Bill No. 638, Laws of Florida, for the cost incurred by the Board of County Commissioners of Indian River County, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 1, Block 3, in Colored School Subdivision, a subdivision of the northeast 1/4 of northeast 1/4 of section 32, township 3 south, range 39 east. According to the plat thereof filed and of record in the office of the Clerk of the -Circuit Court of Indian River County, Florida; as recorded in O.R. Book 96, page 163, public records of Indian Riyer County, Florida. The names of the record owners of the above described property: WILLIAM COPELAND MINNIS, JR. and SARAH YVONNE MINNIS THIS LIEN is filed to secure the payment of TWO THOUSAND TWO HUNDRED FORTY-FIVE AND 42/100 DOLLARS ($2,245.42), against the owners by the undersigned, for the costs of demolitiAn and removal' against the real property. THIS LIEN shall, from the date of filing, accrue interest at the rate of six percent (6%) per annum, until the total amount, including interest, has b4Ren paid. Patrick B. Ly6ns, Chairman Board of County ommissioners of Indian River County, Florida �•1 e,e ?Wright, Clerk q. f, fire Circuit Court • • .. •• .,,i„BEF0'%% me personally appeared PATRICK B. LYONS, as Chairman, Board of County Commissioners of Indian River County, Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me well known and known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me they executed same. WITNESS my hand ar}d fficial seal this li day of Notary P�lic- :Sta•t"V" of 3 a 8 I FIJ 6- �� at Large. M Qbimigdlb C • iepires : N0TARY otf8ll� si' Tv •, l r•: i i: r ,.. i �, ii AM N t ... Ro.VOFD HRUc nOP Ay comt.;tSR t INC j, • ; , . ,,06wl i Tos o00b2bPACE 0 TREASURE COAST JOB TRAINING Commissioner Bird explained a new summer youth employment program being offered through the Treasure Coast Job Training Center. Grant money of approximately $800,000 will be available to private and public sector employers in the three -county area to be spent between April 1,-1984 and September 30, 1984 to provide employment for young people during the summer months. The private sector got first shot at it, but there is some money left over and the County applied in order to hire some young people who would primarily assist in summer recreation programs. The School Board has also requested that some of these young people assist them in their summer programs. Approximately 20 high school seniors would be hired with no obligation on the County's part except for whatever work materials they need, adequate supervision, and Workers Compensation coverage. Personnel Manager Lois Hoder, who handled this matter during the absence of Intergovernmental Director Tommy Thomas, understood that the contract calls for the "operator" to provide Workers Compensation coverage, and she pointed out that the Treasure Coast Job Training Center has signed the contract as the "Operator." MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board authorize the County to enter into an agreement with the Treasure Coast Job Training Program to employ 20 young people under the summer youth training program for work in various summer recreation programs. In discussion, Director Thomas assured Commissioner Lyons that these young people would be adequately supervised. 59 JUN 13 1984 90GK 57 P'GE 454 I JUN 13 1984 sooK t. 5 7 P,, 45- 5 THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). COPY OF SAID CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK BEACH PRESERVATION AND RESTORATION Commissioner Wodtke wished to get additional direction from the Board re the future role of the Beach Preservation and Restoration Committee. He noted that the Committee was initially requested to look into the proposal by the Corps of Engineers for pumping out sand and then come back with a recommendation for funding. The Committee has considered those figures and made their report. Commissioner Wodtke reported that the Committee has indicated a desire to continue being involved with the beach issue, but he did not want the Committee to do any further work without additional direction from the Board. Commissioner Wodtke thought the Committee could be of further help by doing studies on how to protect our beaches, dunes, and crossovers. They might also study construction setbacks, vegetation ordinances and beach trimming. Commissioner Wodtke noted that they have received a request from a consulting firm to make a presentation with slides showing some dune and vegetation work they have have in other areas. The Committee would also like to be involved in some more public hearings once the Army Corps of Engineers comes back with their new engineering and economic data. Chairman Scurlock believed that the Committee would be very helpful in addressing four or five recommendations by the Taxpayers' Association, and Commissioner Bird felt the _ Committee could help explore every possible avenue to protect the money that will be spent on restoration and preservation ti of our beaches. 60 Commissioner Wodtke thought that since Indian River. _ Shores has expressed such an interest, perhaps the voting membership should be expanded to include their representative. He also thought that property owner groups and other civic groups should be invited to attend, but not as voting members. Commissioner Lyons wanted to have a representative from the environmental groups sit on the Committee as a voting member. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board expand the Beach Preservation and Restoration Committee to include as a voting member an environmentalist and look to the Audubon Society for its recommendation of a member. Under discussion, Commissioner Wodtke felt a member of the Harbor Foundation would also be a good choice for the environmental representative. Nancy Offutt, representative of the Vero Beach -Indian River County Realtors Association, suggested that a member be appointed to represent the realtors association as they are very concerned with preservation. Commissioner Lyons thought that the economic interest was already represented on the Committee. Commissioner Wodtke pointed out that if we started appointing members from every spectrum, we would have requests that would make the committee voluminous. Mrs. Offutt objected to the appointment of a voting member from the Audubon Society as she felt they are really a special interest group and not everybody belongs to the Audubon Society. 61 JUN 13 1984 BOOR 57 F,9,E456 JUN 13 1984 BOOK 57 Pn- 57 Commissioner Wodtke noted that Ken Damerow has indicated he is going to resign from the Committee, and he offered to look for someone from Harbor Branch to represent the environmentalists. Commissioner Lyons withdrew his Motion and Commissioner Wodtke withdrew his Second. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the addition of a voting member to represent the Town of Indian River Shores; and also agreed to fill the voting membership currently held by Ken Damerow with a member of an environmental group. DISCUSSION OF AGENDA PROCEDURES Commissioner Wodtke asked that in the future, the Agenda be changed to include County Commissioners Reports so that the Commissioners would not have to add items when action is needed. Because the Commissioners serve on so many committees, these "reports" should be a regular item on the Agenda and a Commissioner would have the option of reporting on the latest committee meeting. Chairman Scurlock felt he has a real problem with backup material being added at the last minute. The Commissioners agreed that "Committee Reports" would be added as a regular item on the Agenda. DOCUMENTS TO BE MADE PART OF THE MINUTES A. Resolution 84-23, having been duly executed and received, is hereby made a part of the Minutes as approved at the meeting of March 21, 1984. 62 RESOLUTION "4-23 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF THAT PORTION OF 5TH STREET LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF 38TH AVENUE WHICH IS LOCATED IN CLEMANN ESTATES SUBDIVISION, UNIT 1, AND RESERVING UNTO THE COUNTY TWO (2) EASEMENTS FOR UTILITY PURPOSES. WHEREAS, on December 5, 1983, the County received a duly executed and documented petition from Ronald and Tammy Meeks of 505 38th Avenue, Vero Beach, Florida; requesting the County to close, vacate, abandon, and disclaim any right, title, and interest of the County and the public in and to all that portion of 5th Street lying west of the west right-of-way line of 38th Avenue as recorded in Plat Book 3, Page 63. WHEREAS, in accordance with Florida Statutes S 336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, suppor- ting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property; with the sole exception that said right-of-way is deemed necessary for utility purposes as reserved below. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way known as 5th Street (Avocado Street), which lies west of the west right-of-way line of 38th Avenue as recorded in Plat. Book 3, Page 63', of the Public Records of Indian River County, Florida, is hereby forever closed, abandoned, vacated, surrendered, discontinued, remised and released with the exception that the following described utility easements are hereby reserved in perpetuity unto the County and the public and shall not be deemed to have been closed or abandoned in any way by this resolution: An easement for utility purposes being 10.00 feet in width, described as follows: The West 10.00 feet of Avocado Street (also known as 5th Street) as shown on the Plat of Clemann Estates Unit 1 as recorded in Plat Book 3, Page 63, of the Public Records of Indian River County, Florida. AND ALSO An easement for utility purposes being 10.00 feet in width, described as follows: That strip of land being 10.00 feet in width whose North line is the South line of Lot 1 Block "A", whose East line is the Westerly right- of -way line of 38th Avenue, and whose West line is the East line of the West 10 acres of Tract 6, Section 15, Township 33 South, Range 39 East, Indian River County, Florida all as shown on the Plat of Clemann Estates Unit 1, as recorded in Plat Book 3, Page 63 of the Public Records of Indian River County, Florida. JUN 13 1984 63 aooK� FacE458 -JUNv1.11.984 e� BOOK 57 F,,,r�L 45 . I 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes §336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Maggy Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day of March , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA t , BY: Attest:' ��%>2,�-__.// i FREDA WRIGHT, Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER DON C. SCUICLOCK, JR. Chairman I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons de- scribed in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal ' n the County and State last aforesaid this f day of A.D. 1984. NotarydPublic APPROVED Ap' /"TO F N LEGAL FjOTARY PUBLIC STATE 00 FLORIDA SUFFICIEI`�QY BONDED THRU GENERAL INSURANCE UND MY COMMISSION EXPIRES DULY -a 1986 BY: "17 �1 RY. BRANDEN URG, o n y Attornev� 64 B. Proclamation - "Ace" Cappelen P R O C L A M A T I O N WHEREAS, "Ace" Cappelen has devoted his time and never ending energy for the last nineteen years in the preparation and promotion of the "Ambulance Tournament"; and WHEREAS, through his diligent efforts, thousands of dollars have been raised to aid the Indian River Volunteer Ambulance Squad and consequently, the hundreds of individuals who have received the professional services of this fine organization; and WHEREAS, the yearly tournament is always organized and conducted in a professional, orderly manner, bringing enjoyment and a sense of community well-being to those who have had the fortune of participating over the years in the event; and WHEREAS, "Ace" has been a civic and community leader in Indian River County with participation in the Indian River County Little League: the Indian Chief's Organization: and countless other projects. His devotion to this community is exemplified in the manner in which he has raised a family of five children in our community; NOW THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, desires to formally express its appreciation for the many years of hard work and diligence graciously given by this devoted community leader; RUSSELL G. "ACE" CAPPELEN a, ATTEST: By Freda Wright, Clerk PA V- NaA��I� Q- ' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA J U`N 13 1984 65 BOOK 57 v, GA0 JUN 13 1984 Boa 5 7 pm c 461 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. 10160 - 10682 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 11:35 o'clock A. M. ATTEST: 14 M G r Clerk Chairman