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HomeMy WebLinkAbout9/11/19850 Wednesday, September 11, 1985 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, September 11, 1985, at 9:00 o'clock A.M. Present were Patrick B. Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Intergovernmental Relations Director; Charles P. Vitunac, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA The Administrator wished to add an item considering awarding of the bid for the Gifford Park picnic shelter. This is neces- sary in order to meet the completion date, and he asked that it be added to the Consent Agenda. Commissioner Scurlock wished to add under the Chairman's items an appointment to the Public Library Advisory Board to replace Michael Rose. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously added the above items to today's agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of August 21, 1985. There were none. SEP 111985 8001( ;� Fr1JE 0� J SEP 111995 BOOK ., MUE s 2 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting oft August 21, 1985, as written. CONSENT AGENDA Administrator Wright requested that Item C be removed from the Consent Agenda for discussion, and Commissioner Wodtke requested the removal of Item I. A. Approval of Renewal Pistol Permits The Board reviewed memo of the Administrator, as follows: TO: The Honorable Members of DATE: August 27, 1985 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMITS - RENEWALS FROM: Michael Wright REFERENCES: County Administrator The following have applied thru the Clerk's Office for renewal of their pistol permits: James C. Knapp Michael P. Riggio Robert A. Weems, Sr. Velma Webb Gore All requirements of the ordinance have been met. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved renewal applications for a Permit to carry a concealed firearm for the following: James C. Knapp Michael P. Riggio Robert A. Weems, Sr. Velma Webb Gore B. Approval of New Pistol Permit Applications The Board reviewed memo of the Administrator, as follows: TO: The Honorable Members of DATE: August 27, 1985 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMITS - NEW FROM: Michael Wright REFERENCES: County Administrator The following have applied thru the Clerk's Office for new pistol permits: John Eugene Mariani Elton i. Schwarz All requirements of the ordinance have been met. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved applications for a Permit to carry a concealed firearm for John Eugene Marian! and Elton H. Schwarz. C. Release of Funds Held for Improvements - Seagrove West Subdv. The Board reviewed memo of Staff Planner Stan Boling: 3 SEP 111985 W 2 FADE 03 SEP 111985 BOOK 62 PAPUE U4 TO: Board of County DATE: August 30, 1985 FILE: Commissioners - THROUGH: Michael Wright, County Administrator SUBJECT: RELEASE OF FUNDS HELD FOR IMPROVEMENTS IN DIVISION HEAD CONCURRENCE: SEAGROVE WEST ( ,`J� SUBDIVISION avis, Public Works Director FROM: Stan Boling n REFERENCES: Staff Planner f It is requested that the data herein presented be given formal consideration by the Board of County Commissioners -at their regular meeting of September 11, 1985. DESCRIPTION AND CONDITIONS: The owner/developer of Seagrove West subdivision, Harbor Federal Savings and Loan Association, is requesting release of $503,191.24 held in trust for the County by the Chairman of the Indian River County Commission and Director of the Office of Management and Budget (both as trustees) in a Harbor Federal Savings and Loan trust account. The funds are being held to secure the contract (#SD -80-16-229) and Assumption Agreement to construct required improvements in Seagrove West subdivision. ALTERNATIVES AND ANALYSIS: The project engineer has certified that all construction of improvements has been performed in accordance with the approved construction drawings; he has also submitted release of lien statements from project contractors. The City of Vero Beach has certified that all water and sewer utilities have been approved, and the County Public Works Director has issued a certificate of completion, certifying that all required improvements have been constructed and are approved. Therefore, the terms of the construction contract and Assumption Agreement, and the terms of the Cash Deposit and Trust Agreement have been satisfied. RECOMMENDATION: --^:.Staff. recommends that the Board of County Commissioners, in accordance with the trust agreement, authorize the trustees. to disburse the $503,191.24 held in the trust account to the "-'bwnerrdeveloper or his designee by adopting the attached:-.:= resolution. Funding to be from the Seagrove West subdivision' ---trust account. The OMB Director pointed out that the release of these funds needs to be authorized by the adoption of a Resolution. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously 4 1 � � w adopted Resolution 85-87 authorizing the trustees to disburse the $503,191.24 held in the trust account to the owner/developer of Seagrove West Subdivision or his designee. RESOLUTION 85- 87 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE DISBURSEMENT OF FUNDS HELD UNDER THE TERMS OF A TRUST AGREEMENT BETWEEN HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION, INDIAN RIVER COUNTY, AND HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION. WHEREAS, Indian River County (County), with the Chairman of the Indian River County Commission and the Director of the Office of Management and Budget (Trustees), Harbor Federal Savings and Loan Association (Developer), and Harbor Federal Savings and Loan Association (Bank), have entered into a cash deposit and trust agreement; and WHEREAS, under the terms of said agreement, Developer has made a written request for disbursement of funds held by the Bank to guarantee construction of required improvements, and has submitted an engineer's certification of the completed work, release of lien statements from project contractors, and certification from the City of Vero Beach that required utilities have been constructed and approved; and WHEREAS, under the terms of said agreement, the Public Works Director has caused an inspection of the improvements and has issued a certificate of completion, and recommends a disbursement of all funds held by the Bank in the trust account. Now, therefore, be it resolved by the Board of County Commissioners of Indian River County, Florida that: Trustees shall make a disbursement of funds in the amount of $503,191.24 from the trust account held by Bank to Developer or to any third party or parties upon which Developer may otherwise agree. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Wodtke , and upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereugltnh declared hetemvolution duly passed and adopted this day of p ,1985. Attest: SEP 111985 BOARD OF IX FREDA WRIGHT,er�„� n STATE OF FLORIDA �" �I J COUNTY OF INDIAN RIVER 5 COMMISSIONERS COUNTY, FLORIDA BOOK b? PAUE 00 rEP 1 �98� � S 1 BOOK PAGE D. Release Portion_ of Funds Held for Improvements_- Old Sugar Mill Estates Unit III The Board reviewed memo of Staff Planner Stan Boling: TO: Board of County DATE: August 30, 1985 FILE: Commissioners _ THROUGH: Michael Wright, County Administrator SUBJECT: RELEASE OF A PORTION OF ESCROWED FUNDS HELD DIVISION HEAD ONCURRENCE: FOR IMPROVEMENTS IN ! OLD SUGAR MILL c. ESTATES UNIT THREE Jim Da.- s, Public Works Director SUBDIVISION FROM:stan Boling REFERENCES: Staff Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 11, 1985. DESCRIPTION AND CONDITIONS: Beindorf and Associates, Inc., the authorized Old Sugar Mill Estates Unit Three subdivision developer, is requesting release of a portion of the funds held to guarantee the construction of required subdivision improvements. A total of $115,000.00 is being held by First Bankers of Indian River County as part of a three -party cash deposit and escrow agreement between the developer, the County and the bank. ALTERNATIVES AND ANALYSIS: The project engineer has certified that all work has been completed in accordance with the construction contract and escrow agreement. The Public Works Director has inspected the improvements and stated that all required work is complete. At this time, the developer is requesting that $90,000.00 be released. The remaining $25,000.00 is to be retained until the developer posts a 1 year maintenance bond to cover the road and drainage improvements which are to be accepted by the County. Upon receipt of a maintenance bond, the Public Works Director will issue a certificate of completion, officially accepting the improvements for the County, and the developer will request release of the remaining $25,000.00 The release of $90,000.00 at this time is in accordance with the construction contract and escrow agreement. -RECOMMENDATION: Staff recommends that *the Board of County Commissioners authorize the release of $90,000.00 from the Old Sugar Mill:-* Estates Unit Three escrow account by adopting the attached resolution. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously � � r SEP 111955 adopted Resolution 85-88 authorizing the re- lease of $90,000 from the Old Sugar Mill Estates Unit Three escrow account. RESOLUTION 85-88 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE RELEASE OF A PORTION OF THE FUNDS HELD UNDER THE TERMS OF AN ESCROW AGREEMENT BETWEEN BEINDORF AND ASSOCIATES, INC., THE FIRST BANKERS OF INDIAN RIVER COUNTY, AND INDIAN RIVER COUNTY TO GUARANTEE THE CONSTRUCTION OF REQUIRED IMPROVEMENTS IN OLD SUGAR MILL ESTATES UNIT THREE SUBDIVISION. WHEREAS, Indian River County (County), Beindorf and Associates, Inc. (developer), and THE FIRST BANKERS of Indian River County (Bank) have entered into a cash deposit and escrow agreement; and WHEREAS, under the terms of said agreement, the Developer has made a written request for disbursement of funds held to guarantee required improvements, and has submitted an engineer's certification that all required improvements have been constructed and are complete; and WHEREAS, under the terms of said agreement, the Public Works Director has caused an inspection of the required improvements and is satisfied that all required improvements have been completed, and recommends a disbursement of a certain portion of the funds held in escrow by the Bank. Now, therefore, be it resolved by the Board of County Commissioners of Indian River County, Florida that: Funds from the escrow account in the amount of $90,000.00 be disbursed by Bank to Developer or to any third party or parties upon which Bank and Developer may agree. Funds in the amount of $25,000.00 shall remain in the escrow account under the terms of the existing agreement and until a maintenance bond is submitted pursuant to section 8(b) of the subdivision and platting ordinance. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Wndtk, , and upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thert�pon declared the resolution duly passed and adopted this ?M day of September ,1985. BOARD COUNTY COMMISSIONERS OF I RIVER COUNTY, FLORIDA .ATRICK B. LYON r I v / CHAIRMAN Attest: FREDA WRIGHT, C/Le�p� Q L�IJ STATE OF FLORIDA C-1 - e COUNTY OF INDIAN RIVER % ..77 PAGE BOOK 7 -I SEP 111985 9009( 62 PACE 0 E. Change Order #1 -SR 60 Wastewater (Coastline Utilities) The Board reviewed memo of Assistant Utilities Director Baird: TO: THE HONORABLE BOARD OF DATE: COUNTY COMMISSIONERS THRU: TERRANCE G. PINT SUBJECT: DIRECTOR, UTILITES FROM: JOSEPH A. BAIRD ASSISTANT DIRECTOR, UTILITIES DESCRIPTION AND CONDITION^ AUGUST 2^, ' 9,5 CHANGE ORDER #1 ON ROUTE 60 WASTEWATER IMPROVEMENTS The Contractor on the Route 60 Wastewater Improvements, Coastline Utilities, has submitted the first change order on the Project. Change order #1 is for the deletion of gravity sanitary sewer, the installation of an additional Route 60 casing crossing and installation of magnetic marking tape. The net effect will be a reduction of $14,146.70 on the overall contract price. Williams, Hatfield & Stoner, Inc., consulting engineers for the Route 60 sewer project has reviewed the change order and concur with the request. ALTERNATIVES 1. Approve Change Order #1 for the Route 60 Wastewater Improvement Contract. 2. Disapprove Change Order #1 for the Route 60 Wastewater Improvement Contract. RECOMMENDATIONS Staff recommends the Honorable Board of County Commissioners approve Coastline Utilities request for Change Order #1 on this contract with Indian River County. . ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Change Order #1, Route 60 Wastewater Improvements - Coastline Utilities. 8 No. ...1..... CHANGE ORDER Dated .. Ampot. 9.. 1985 2130-2 OWNEWs Project No..... U84-2............... ENGINEER's Project No. ....................... project , , State Road 60 , Wastewi tex,;1npxvveMpUtS.. . ILI CONTRACTOR .....CaaatUrte Jrm.lNage.L Qpjistruptip1i. Cprp.................... Contract For . Andian .Rivez-Cciun.t y........... Contract Date .... July.. 2P.. 1965 ............ TO: .,, Mr..Frank Monte,. President, Coastline Utilities,.Inc. ................•....._ . ... . . . . .... .. .................. .... CONTRACTOR 'You are directed to make the changes noted below in the subject Contract: Indian fiver County t• t:ic•::,. -. "': "°— ... .. ....... OWNER ................ . �S• .�J'.i .. Ali ...iii .. .- � p Septembe 8.5 at .... .. ......:... . 19. ... . Nature of the Changes Delete manholes 13 and 14 plus gravity mainline between manholes 12 to 13 and 13 to 14 as per Exhibit No. 1 Install casing crossing and stub -out at station 152+90 sheets 1 and 2 of Exhibit No. 2. Install 38,990 ft. of 2" magnetic marking tape over P.V.C. force main Enclosures: Exhibit Nos. 1 and 2. These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order Net (1nareo4 (Decrease) Resulting from this Change Order Current Contract Price Including This Change Order NSPE-ACEC 19108-11(1978 Edition) O 1978. National Society of Profusiond Engirteen 9 $ ,1J330r377:00....._..:. S ....14,146:70.......... $............ SEP 111985 BOOK PA)E (09 SEP 11 .1995 BOOK L2 PACE -10 Contract Time Prior to This Change Order ......................180........ ... ... ........ . (Days or Date) Net (Increase) (Decrease) Resulting from This Change Order ....................... .................. . (Days) Current Contract Time Including This Change Order ...............180......... ............ . (Dayyss or Date) ) The Above Changes Are Approved: ....Williams, liatfiel( & ,S.t.wr.,, J c.... . _ ��������ENG PEER By... ............ Date .. WA��- .4? S ...(....... . 19.5J. The Above Changes Are Accepted: .CQaRtUne. UL:iJ-t.tJ-es./Nagel. Construction. CONTRACTOR By..................................... Date............................ .19..... INDIAN RIVER COUNTY ! S.R. 60 WASTEWATER IMPROVEMENTS CHANGE ORDER NO. 1 A. Deletions of existing quantities in current contract. Bid Deleted Unit Item Item Units Cost 1) Delete M.H. No. 13 7A 1 $925 7B 6 $110 7C 7.06 $110 $925 $110 $110 2) Delete M.H. No. 14 3) Delete M.H. run between Manholes 12 to 13 4) Delete M.H. run between Manholes 13 to 14 7A 7B 7C 6D 6A 6B 6C 1 6 2.26 50 $56 35 $84 15 $86 225 $54 TOTAL DELETIONS B. Addition of casing crossing and stub—out at station no. 152+90. TOTAL ADDITION a C. Addition of 2" magnetic marking tape over P.V.C. force main. 38,990 ft. x $0.15/ft. TOTAL ADDITION = TOTAL CONTRACT CHANGE = 10 Deleted Cos t $ 925.00 $ 660.00 $ 776.60 $ 925.00 $ 660.00 $ 248.60 $ 2,800.00 $ 2,940.00 $ 1,290.00 $13,770.00 $24,995.20 $ 5,000.00 $ 5,848.50 H $14,146.70 _I F. Change Order #2 - SR 60 Wastewater (Coastline Utilities) The Board reviewed the following memo: TO: THE HONORABLE BOARD OF DATE: SEPTEMBER 4, ?.995 COUNTY COMMISSIONERS THRU: TERRANCE G. PINTO, D SUBJECT: CHANGE ORDER #2 ON UTILITY SERVICES ROUTE 60 WASTEWATER IMPROVEMENTS FROM: JOSEPH A. BAIRD, ASSISTANT DIRECTOR, UTILITY SERVICES DESCRIPTION AND CONDITION - The Contractor on the Route 60 Wastewater Improvements, Coastline Utilities, has submitted Change Order #2 on the project. Change Order #2 is for the addition and deletion of force main segments, the deletion of a canal culvert crossing and the raising of gravity sewers. The net effect will be a reduction of $42,816.25 on the overall contract price. Williams, Hatfield & Stoner, Inc., consulting engineers for the Route 60 sewer project has reviewed the change order and they concur with the request. ALTERNATIVES 1. Approve Change Order #2 for the Route 60 Wastewater Improvements Contract. 2. Disapprove Change Order #2 for the Route 60 Wastewater Improvements Contract. RECOMMENDATIONS Staff recommends the Honorable Board of County Commissioners approve Coastline Utilities request for Change Order #2 on this contract with Indian River County. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Change Order #2, Route 60 Wastewater Improvements — Coastline Utilities. 11 SEP 111985 BOOK phij SEP 111985 BOOK '69 F,�GF s No. ......... CHANGE ORDER Dated ..8-27-85 , , , , , OWNER's Project No. ...1144-2 ............... ENGINEER'S Project No. ....2130-2 ............. Project.. State .RQad.60 Wastewater Improvements,, CONTRACTOR ..Qgastzline,Utilities Inc./Nagel Construction, Inc. Contract For ..Jr)4J4q .RJYq'; .94urItY .......... Contract Dau July .28, 1985 ,,, , , , , , , , , , , , , To: .Mr.Frank Monte, President, Coastline Utilities: Inc: .... CONTRACTOR You are directed to make the changes noted below in the subject Contract: Indian River County ! ' `WW. ... .......OWNER..... ..... Approved as to forrn and Ie�al sufficiency Y........... By 85 Ctt.rle> P. \'iiUrtac Dated September, ......... 19........ County Atto:aev Nature of the Changes — Additions and deletions to force main segments — Delete canal culvert crossing — Raise gravity sewers Enclosures: Exhibit 1 These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order S . 1...316.,3.7.7..1313.......... Net QWW (Decrease) Resulting from this Change Order S .... 42:..816.•,25......... . Current Contract Price Including This Change Order $ , .%,.2;73 ,,414.05, , , , , , , , , , Contract Time Prior to This Change Order ................ . 180_ . , ........ • . .......... . (Days or Date) NetY*KHW1URKVjgW Resulting from This Change Order ........ ............... ............. . (Days) Current Contract Time including This Change Order ......... , 1.8.0 ................................... (Days or Date) The Above Changes Are Approved•Williams, Hatfield & Stoner, Inc. ENGINE By ... ... 0....y.. ... . Date .... d .-...... �......... , 19. 8s. . The Above Changes Are Accepted: Coastline_Uti W!Bs/Nagal Construction CONTRACTOR ay •! ..��"''li lir/ rn'............. . Date ........ .......19.85. . 12 77 EXHIBIT 1 INDIAN RIVER COUNTY - S.R. 60 WASTEWATER IMPROVEMENTS CHANGE ORDER NO. 2 CHANGE ORDER WORK I. Raise 10" gravity main along Poinciana Ave. 3.7 feet. a. Delete 410 ft. @ 12-16 ft. cut. Item 6(C) A $54.00/ft. b. Delete 946 ft. @ 16-20 ft. cut. Item 6(D) @ $56.00/ft. c. Add 1,356 ft. @ 12-16 ft. cut. Item 6(C) @ $54.00/ft. II. Raise 10" gravity mains along Tract 9, 30 ft. utility easement by 4.0 ft. a. Delete 624 ft. @ 16-20 ft. cut. Item 6(D) @ $56.00/ft. b. Add 624 ft. @ $ 12-16 ft. cut. Item 6(C) @ $54.00/ft.-' III. Raise manholes 11 and 12 by 4.0 ft. a. Delete 8 ft. @ over 12 ft. cut. Item 7(C) @ $110.00/ft. IV. Raise manhole 6, 7, 8 & 9 by 3.7 ft. a. Delete 14.8 ft. @ over 12 ft. cut. Item 7(C) @ $110.00/ft. V. Raise manhole no. 10 by 4 ft. VI. Raise Pump station 11 by 4 ft. VII. Delete 3,975 ft. of 8" force main from station 0+00 to 39+25 at stub -out. Item 2(B) @ $14.45/ft. VIII. Add 2,555 ft. of 12" force main on treatment plant site. Item 2(D) @ $17.10/ft. IX. Delete canal crossing at 8th Street as shown on plans sheet 14. Item 5(H) @ $21,420.00 R. Add 16" s 12" polylined reducer XI. Delete one, 6 -inch plug valve. Item 4(A) @ $560.00 XII. Delete one, 8 -inch plug valve. Item 4(B) @ $850.00 XIII. Add one 12 -inch plug valve. Item 4(D) @ $1,810.00 XIV. Delete one Air Release Valve XV. (lunge DIP restrained joint specification from TR -flea to mechanical joint w/retainer gland. However, all conflict'crossings with less than seven feet of cover shall be deflected under conflict using DIP. Plan detail for these shallow conflict crossings shall not be applicable. SUBTOTALS TOTAL CONTRACT DEDUCT e L_SEP 111985 13 DELETE $22,140.00 $52,976.00 $34,944.00 $880.00 $1,628.00 ADD $73,224.00 $33,696.00 No change - Included in P.S. 11 - Lump Sum. $ 500.00 $57,438.75 $21,420.00 $ 560.00 $ 850.00 $ 2,500.00 No change $195,836.75 $ 42,816.25 $43,690.50 $ 600.00 $ 1,810.00 $153,020.50 6� A j, C1 BOOK ,, •FAGE Fr - SEP 111985 Boar ? F ~ a 11 G. Change Order #4 - SR 60 Water - (Caldwell Tanks) The Board reviewed memo of the Assistant Utilities Director: TO: THE HONORABLE BOARD OF DATE: AUGUST 30, 17%, COUNTY COMMISSIONERS THRU: TERRANCE G. PINTO SUBJECT: CHANGE ORDER #4 FOR DIRECTOR, UTILITI l i CONTRACT ON ROUTE 60 WATER PROJECT FROM: JOSEPH A.'BAIRD ASSISTANT DIRECTOR, UTILITIES DESCRIPTION AND CONDITIONS Change Order #4 for Contract 1 (Caldwell Tanks, Inc.) on the Route 60 water line is to finalize the project. The change order brought the final contract amount into conformance with the project's measured as -built quantities. The overall effect is an increase of $940.00 on the total contract price. ALTERNATIVES 1. Approve Change Order #4 for Contract #1 (Caldwell Tanks, Inc.) on Route 60 water line project will be a $940.00 increase on the total contract price. 2. Disapprove Change Order #4 for Contract #1 (Caldwell Tanks, Inc.) on Route 60 water line project. RECOMMENDATION Staff recommends that the Honorable Board of County Commissioners approve Change Order #4 for Contract #1 (Caldwell Tanks, Inc.) ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Change Order #4, Route 60 Water Project, (Caldwell Tanks). 14 uNt rLD STAT : DFPAfi i'MF"` , dr AGRICULTURE. rvrr+v► trrr•rrvvto v'ae NO. 057-1•0042 t or:n i :;MA 4.4-7 � (,I,%R.%IFRS 110M ADMINISTRATION H0EA "o.iF al (hey r i f �u1 14 (Contract fl) CONTRACT CIGINGE 016DEK DATE AUGUST 15. 1985 STATE FLORIDA cati A,Z Few COUNTY Indian River County Water Project U84--1/Contract 1 INDIAN RIVER Owats►• ..... Indian River Country_ r� .. Caldwell Tanks, Ina �__ ..:.::.. ................_......._.._... _......__....___.._..__-_. _..�..__U 3 1985 (t: ono»:tor) Yu;..err here :.t Mqut-,ted to comply -Aith the following changes from ti,e contract plans and specifications: f)esrciption of Changes DECREASE INCREASE i>,.n.e:.•w ental Plans curd SQecifications Attached) in Contract Price in Contract Price 1.Additional 231 of waterf main 231 @ $80/LF S over bid amomt 2. Delete paving at entrance of access road 900,00 $ 1,840.00 TOTALS S1 840.00 ._.900.00.........___._ ........._! _ NFT CiIAN(;F IN CONTRACT PRICE S .._.. .... ... ... ... .... _..._.. 940.110 To bring contract amount in confo=ante with As built quantities. 1 nv a :..:....t .,t the Contract will be ( (increased) By The Sum Of: Nuie hundred forty dollars ` DolIars. (s 940.00 l': a i.».tcatt Total Including this and previous Change Orders will Be:.a,�tMn lumdrd thityfitm_i-h mi-sa d one hundred �.. • ppprovcd as to form I ::. C.,:.it...t LJ Provided fat Completion Will Be -, ,_ --_ M__ 4 (Un nged)zlll aL,,ca1 sufficiency Day :ties .: •na. V.111 r sI ent to the contract and all provisions will a y herei�y j1w .•'� Ginariz�� itunac (OerrrerJ ; .{i�wle)!"rJ''•:j`''?:i ts•. t (Uwn�r'a A rehrraet/ fEnarn eer) • (Dote) J Rl15IRS - G.Alton Duncan..Vice Pres—C?pns. &Engrg_ tcon+..ero.r (Dote) ;i : t....f is% i 1+.tiA (Same and Title) ,.• •,,. • e:•,,,, w.q t:e usbd as tw and of any Number copies required: 4 No further montes or otnar benefits may be paid out under this �, i•., t' a asr.y� es cJ�sstra.::ean contract, program unless this report Is completed and flied as r"ulr••d by Time to complete: 30 min. existing law and regulations (r C.F.R. Part 1924). i. a �;K, t,otti»tCe)+t5:o !'o.ttrrl►r is 1'mIIA 424-7 (Rev. 6-11-80) ' �p 15BOOK FADE 1 SEP 111985 S E P 111985 H. Bid #247 Refuse Container Truck BOOK ,FSG€ 1 The Board reviewed memo of Purchasing Manager Goodrich: TO: Board of County Commissioners DATE: Aug. 29, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #247 -One (1) New County Administrator 1985 or 1986 Refuse Container Truck FROM: a EFERENCES: Carolyn Go rich, Manager Purchasing Department 1. Description and Conditions Bids were received August 23, 1985 at 11:00 A.M. for IRC #247 -One (1) New 1985 or 1986 Refuse Container Truck for the Refuse Department. 20 Bid Proposals were sent out. Of the 18 Bid Proposals returned, 2 were "No Bids". 2. Alternatives and Analysis The low bid was submitted by Transtat Equipment, Orlando, F1., in the amount of $64,094.00. The vehicle is a Ford LT9000 (same as the 2 cab - chassis purchased in FY84-85 for the Refuse Department) with a Galbreath 1.15-011-194 hoist. The bid meets all specifications. 3. Recommendation and Funding It is recommended that IRC #247 be awarded to the low bidder, Transtat Equipment Orlando, F1. _ There is $70,000.00 budgeted for FY85-86 in Account #001-209-534-66.42. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded Bid #247 for one new Ford LT9000 Refuse Container Truck to the low bidder Transtat Equipment, Orlando, Fla., in the amount of $64,094.00 per the following bid tabulation: 16 w'� BOARD OF COUNTY COMMISSIONERS 1840 25th Street y • I� Vero Beach, Florida 32960 BID TABULATION Qy"{br -I BID NO. DATE OF OPEN NG `'� �j o? `' ¢, c�Q' �a �• ^ Clk- IRC BID #247 Aug. 23, 198 o c �.� oma. a ° � � 4 AZ CIO BID TITHE One �1 i New 19895 or 1986 s�' Q� �° .� F •� o Refuse Con a ner Truc 3' ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. One (1).'New 1985 or 1986 Refuse Container Truck 1 Each NB I NB 167229 00 15399 00 68839 81 54200 00 69320 00 70332 00 hoist cab- onl chassis 2. Das required for delivery after receipt . of Purchase Order onl Days 120 30-45 120 • 105 �- Ford 690SI I 690S Galbre th E -Z L ft Tri -Pik G& H LO U5 -OR- U5-011- G50-0 - 00 HC -5#1500 M 174 174 17.4 CL W 0 0 m LV Cn BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach. Florida 32960 BID TABULATION -o v ¢, t°'4. a F v '° ate'`' � , • �o ``' �v° •�' ,� o ,� o ,c 3" v 4 � x, c +�+ `Q o �� �° `�°'° ° s ~�'`' Q' �' `'m`tr v � � � A� m" co cy r° �� fF zQ z ~ o r o BID NO.D�4TE IRC BID #247 OF OP N NG Aug. 23, 18� BID TITLE One J1I New 1985 or 1986 _efuse -Con a ner Truc ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. One 1 New 1985 or 1986 Refuse Container Truck 1 Each 68261 00 66397 00 70388 00 69839 00 69694 00 64467 06 64403 00 64094 00 2. Das required for delivery after recei t•of Purchase Order Days 120 90 130-15 120-150 120 90-1 0 150-180 9071 0 Peterb It White lPeterbilt Ford Mack Ford lFord I Ford WCS64 359 LT9000 RD LT900 LT900 LT900 Hesco E -Z -L ft . E -Z E -Z E -Z E -Z Qalbmatf Galbrpatfi Tom TTG50-0 - Pack Pack Pack Pack U5 -0R U5-oFL 174 RTF -8 RTF -8 RTF-8RTF- 0 194 194 1 1 00 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION C F �-• BID NO. IRC BID #247 DATEOF OPEN�1 G Aug. 23, 1985 BID TITLE One �1 New 19855 or 1986 Refuse Con a ner Truc ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE 1. One 1 New 1985 or 1986 Refuse Container Truck 1 Each 65312 00 68840 00 2. Days required for delivery after receipt of Purchase Order Days 150-180 120 Ford Mack E -Z Galbr ath Pack Q5-011- 5-ORRTF RTF8 194 I. Budget Amendment Request - Sheriff The Board reviewed letter from Sheriff Dobeck, as follows: 19 SEP 111985'BOOK '� � PAGE �� SEP 111985 heriff P. O*BOX 608 PHONE 569-6700 August 29, 1985 ti��,v SEP •�6'� o y�5 cs� ftZCZ1 D cn RD C .,V" Ho' ..-b -le -Pat Lyons, Chairman Board- of County Commissioners Indian River County 2815 25th Street Vero Beach, FL 32960 Dear Pat: BOOK R.T."TIM" DOBECK - INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO BEACH, FLORIDA 32961 As in the past, we are returning money to the Board that has been collected for special duty overtime. This.money has been earned for time worked by uniform personnel for outside organizations, school functions and special traffic details. We have paid $10.00 for each hour worked out of our budgeted funds. This year we are requesting the Board to return to us the $8,860.55, the amount remitted from October 1, 1984 through July 9, 1985. We are making this request due to unexpected expenditures, i.e., termi- nations and insurance costs. Sincerely, s. R. T. "Tim" Dobeck, Sheriff Indian River County The OMB Director reported that this would increase Account 001-000-341.52.00 (Fees Collected by Sheriff) and also increase Account 001-600-586-99.04 (Budget Trans. - Sheriff). Commissioner Wodtke asked if that outside money goes in and out in salaries with all fringe benefits added. OMB Director Barton stated that is what the outsiders are paying the Sheriff to have his deputies at these functions, and then he pays the deputies. 20 i -1 Commissioner Scurlock wondered if by offering that service to private events, we are getting involved with overtime as he felt we need to be cautious about this. Commissioner Wodtke believed if the deputies do this on their time off and provide security and are paid for it, that is fine, but if that money comes in and we have to pay retirement, fringes, etc., possibly they are only getting $6.00 or so out of the $10.00. With the Garcia decision on overtime, it could end up being time and a half. He felt the Administrator should check into this. Discussion continued as to whether this would represent overtime pay. a ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, it was unanimously agreed to table the above item until the Administrator can check into it and bring back further information. J. Release of Assessment Lien SR-60—Water (Tamara Gardens) ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Release of Assessment Lien for one ERU SR 60 Water to Tamara Gardens Condominium, Unit 2B Phase I, and authorized the signature of the Chairman. 21 SEP 11 1995 BOOK L, PAGE � SEP 111985 BOOK- PAGE State Road 60 Water Project RELEASE OF ASSESSMENT LIEN For and in consideration of the sum of $970.45 RECEIVED from LEONARD J. HATALA and CONSTANCE C. HATALA, his wife, in hand this day paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA, (the "County") hereby releases the property hereinafter described from a certain special assessment lien recorded by the County in its Official Records, Book 0691, Page 0077, for a special assessment in the amount of $970.45, plus accrued interest at the rate of ten percent (10%) per annum, levied in accordance with the provisions of Ordinance No. 83-46 of the County, as amended, and Resolution No. 84-47 of the Board of County Commissioners of the County; and hereby declares such special assessment lien fully satisfied. The property, located in Indian River County, is more fully described as follows: Condominium Unit 2-B of TAMARA GARDENS CONDOMINIUM, Phase I, according to the Declaration of Condominium, recorded in O. R. Book 667, Page 1183, of Indian River County records, as amended. Executed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and counte,rsig,ned by the Clerk of such Board, all as of this 11th day 1'II ,//!",, September;,, 1985. Attested and countersigned: BOARD O OUNTY COMMISSIONERS INDIAI ER COUNTY, FLORIDA Freda 'W,right,,,�Cl k B .......E �t Phairman ick B. Lyo s, Approved as to form and legal sufficiency: l CHARLES P. VITUNAC, County Attorney 22 K. Release of Assessment Lien SR 60 Water (Vista Plantation) ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved Release of Assessment Lien for 24 ERUs SR 60 Water, for Building 12, Vista Plan- tation, and authorized the signature of the Chairman. State Road 60 Water Project '; RELEASE OF ASSESSMENT LIEN For and in consideration of the sum of $11,645.40, plus interest and costs, RECEIVED from VISTA PROPERTIES OF VERO BEACIi, INC., in hand this day paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA, (the "County") hereby releases the property hereinafter described from a certain special assessment lien recorded by the County in its Official Records, Book 0691, Page 0077, for a special assessment in the amount of $970.45 per equivalent residential unit reserved, plus accrued interest at the rate of ten percent (10%) per annum, levied in accordance with the provisions of Ordinance No. 83-46 of the County, as amended, and Resolution No. 84-47 of the Board of County Commissioners of the County; and hereby declares such special assessment lien fully satisfied. The property, located in Indian River County, is more fully described as follows: Building No. 12 of VISTA PLANTATION, according to the Declaration of Condominium, recorded in 0. R. Book 699, Page 1817, Public Records of Indian River County, Florida. Executed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersigned by- the Clerk of such Board, all as of this 11th day September....,. 1985. Attested 'and :countersigned: BOARD BOXY OUNTY COMMISSIONERS ` ,(] ; INDI FLORIDA Freda Wright,.•' CI rk B PA trick B. Lyo s, 23 hairman BOOK PAGE kF. Fr— SEP 111985 L. Award Bid - Gifford Park Picnic Shelter The Board reviewed memo of Civil Engineer Boone, as follows: TO: DATE: FILE: The Honorable Members of the September 9, 1985 Board of County Commissioners THROUGH: SUBJECT: Michael Wright, GIFFORD PARK PICNIC SHELTER County Administrator ATnIARD OF BID - PROTECT N0. 8535 James W. Davis, P. ., Public Works Director FROM' ffrey A. Boone, /� REFERENCES: Civil Engineer DESCRIPTION AND CONDITIONS The Public Works Division has prepared the Contract Documents and Specifi- cations for the material supply for the 16' x 28' Gifford Park Picnic Shelter. Advertisement for Bids were published on Tuesday, August 27, and Wednesday August 28, 1985 in the Vero Beach Press -Journal. Bids were received until. 2:00 Fan, Friday, September 6, 1985 when they were opened publicly with Carolyn Goodrich, Jim _Davis, Tcamny Thomas and myself present. Low Bidder for the Base Bid, to supply all materials and engineering plans for the structure, was the Hunter-Knepshield Company of 8101 Warwick Avenue, Louisville, Ky 40222 in the amount of $4948. ANALYSIS The Public Works Division has reviewed all bids and will administer the awarded contract. Since the Contract, to supply the materials and engineered plans within twenty (20) days, must be complete on or before October 1, 1985 to meet the time constraints established by the. Parks Department, we recommend that the bid be awarded to the Hunter Knepshield Ccmpany in the amount of $4948. The Public Works Division will inmiediately issue a notice to proceed upon award of the bid. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded the Bid for the Gifford Park lPicnic Shelter to the low bidder Hunter-Knepshield Company in the amount of $4,948 as recommended by staff and per the following bid tabulation: (SAID .CONTRACT IS ON FILE IN THE CLERK'S OFFICE) 24 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION �• � > J BID NO. DATE OF OPENING Sept,6 985 BID TITLE Gifford Park Picnic Shelter ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRI 1. Furnish deliver 8 unload within 20 days one (1) 16 x 28 picnic s sbelter.33 �o?� O a -0 Y7o a a o 41VVJPo r, 9- Film i sh within drawings, etc. 'D 0 _D .90 0 0 0 0 Bid 'Bond ./ ✓ TOTAL IV ?J_ 00 S3 v 76o d -o 604 b0 ALTERNATE Furnish deliver 6 unload within 60 days one 1 16 x 28 picnic Gam Do D50;z a. `✓90� Dv S«� o a Furnish within 60 days nn=letp drawings,. etc. 3S� 4 200 00 — O Soo 0o Bid Bond TOTAL Da a7,S O D D0 0-0 I T - I ­ I - PUBLIC HEARING - REZONING SORENSEN/BRADSHAVV/BECKER TO C -1A The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 25 SEP 111985 BOOK t PAGE J SEP 111985 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 in the matter in the Court, was pub- -01n Zoo lished in said newspaper in the issues of N&L��� 1995 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. I Sworn to and subscribefor M thin day omega!` ��l.D. 19 O 5 (SEAL) Manager) N./ i�'4L_1 " - (Clerk of the Circuit Court, Indian River County, Florida) BOOK PAGE NOTICE — PUBLIC HEARING Notice of hearing to consider the adoption of County ordinance rezoning land from: RM -6. lultiple-Family Residential District to CAA. Re Iricted Commercial District. The subject prop - rty is presently owned by Charles J. Bradshaw, I. William Becker, and J. Dale Sorensen and is )cated south of State Road 60 and west of 74th ,venue (Range Line Road). The subject property is described as: A parcel in the East 25.61 acres of Tract 9, Section 1,'Township 33 South, Rango 38 East, according to the last general plat of the Indian River Farms Company 'as recorded in Plat Book 2, Page 25, Public Records of St Lucie County, Flor- ida, now Indian River County, Florida; more particularly described as follows: Beginning at the intersection of the, South right-of-way for State Road No. 60 'including the adjacent drainage ease- ment) and the West right-of-way of 74th Avenue run South along said West right- of-way 361.5 feet; thence run West, par- allel with the right-of-way of State Road No. 60 361.5 feet; thence run North par- allel with aforesaid 74th Avenue right-of- way; thence run East along said right of way, 361.5 feet to the Point of Beginning. All the above situate in Indian River County, . Florida and containing 3.00 acres, more or less. A'publiC hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, in the County Commision Chambers of the County Ad- ministration Building, located at 1840 25th Street, Vero Beach, Florida on Wednesday, Sep- tember 11, 1985, at 9:10 a.m. If any person decides to appeal any decision made on the above matter, he/she will need a record of the proceedings, and for such pur- poses, he/she may need to ensure that a verba- tim record of the proceedings is made, which in- cludes the testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: -s -Patrick B. Lyons, Chairman Aug. 22; Sept. 3, 1985. Chief Planner Richard Shearer made the following staff presentation: 26 1 TO: The Honorable Members DATE: August 27, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SORENSEN/BRADSHAW/BECKER SUBJECT: FROM ERMST REZONE 3 ACRES -6O MULTIPLE -FAMILY sem Robert M. Keat' g, ICP RESIDENTIAL DISTRICT, TO Planning & Development Director C-lA, RESTRICTED COMMERCIAL DISTRICT FROMiihard Shearer, AICD REFERENCES: ZC-141 BCC Memo/Caldwell Chief,Long-Range Planning RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 11, 1985. DESCRIPTION & CONDITIONS William Caldwell, an agent ,for J. Dale Sorenson, Charles J. Bradshaw, and R. William Becker, the owners, is requesting to rezone 3 acres located south of State Road 60 and west of 74th Avenue (Range Line Road) from RM -6, Multiple -Family Residential District (up to 6 units/acre) to C -1A; Restricted Commercial District. The applicants are requesting that this property be designated as a neighborhood commercial node. On June 5, 1985, the Board of County Commissioners adopted an amendment to the Comprehensive Plan which established criteria for the establishment of neighborhood commercial nodes. On June 12, 1985, the Board rezoned three acres located at the northwest corner...of :State Road 60 and 74th Avenue (immediately north of the subject -property) from RM -8, Multiple -Family Residential Dis- trict, to C -1A, Restricted Commercial District. Before approving the rezoning, the Board determined that they would review all neighborhood node applications received prior to June 5, 1985, under the neighborhood node criteria contained in the Comprehen- sive Plan prior to the amendment adopted on June 5, 1985. That criteria provides for the establishment of neighborhood commer- cial nodes of 2 -to -8.. acres in size to supplement the general commercial nodes. However, these nodes were not to contribute to strip commercial development which would be contrary to the provisions of the Comprehensive Plan. Since the Sorenson/Bradshaw/Becker request was submitted on May 28, 1985, it was reviewed under the provisions of the neighbor- hood node criteria originally included within the comprehensive plan. On June 27, 1985, the Planning and Zoning Commission voted 5 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property and the land south and west of it is cur- rently being.used as pasture land. The land north of the subject 27 SEP 111985 BOOK PAGE" I r h l) BOOS property, across State Road 60, is zoned RM -8 and is being developed for a Total Care Center with a 3 -acre neighborhood commercial node zoned C-lA. Northeast of the subject property is Village Green East zoned RMH-8, Mobile Home Residential District, and C-1, Commercial District. East of the subject property, across 74th Avenue, is a citrus grove zoned A, Agricultural District. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it (except for the land to the east) as MD -1, Medium -Density Residential 1 (up to 8 units/acre. The land east of the subject property is designated as LD -2, Low -Density Residential 2 (up to 6 units/acre). The Board of County Commissioners has indicated that they will review this request based on the neighborhood node criteria in effect when the application was received by the County. However, the Board established a neighborhood commercial node on the northwest corner of State Road 60 and 74th Avenue on June 12, 1985, and the County's previous policy had been "first come, first served". Moreover, because this proposed neighborhood commercial node is less than three-quarters of a mile from the east boundary of the State Road 60 and I-95 commercial/industrial node, located at 80th Avenue, and is only 200 feet from the neighborhood commercial node on the north side of State Road 60, establishing another neighborhood commercial node at this inter- section would encourage further strip commercial development along State Road 60. If the demand for commercial land at this intersection exceeds the amount available in the three acre neighborhood node, then the better alternative would be for the applicant to petition the County to amend the Comprehensive Plan to establish a general commercial node at this intersection. Transportation System The subject property has direct access to State Road 60 (clas--- sified as an arterial street on the Thoroughfare Plan) and to 74th Avenue (classified as a secondary collector street). The maximum development of the subject property under the requested C-lA zoning could attract up to 5,694 average annual daily trips. Environment The subject property is not designated as environmentally'sensi- tive nor is it in a flood -prone area. Utilities, A County watermain is in place along State Road 60. The County has plans to provide wastewater service to this area in the near future. RECOMMENDATION The Planning and Zoning Commission recommended approval of this rezoning request because they reviewed it under the Comprehensive Plan provisions for neighborhood nodes in effect when the appli- cation was submitted. Those provisions allowed neighborhood nodes up to eight acres in size. While the Planning and Zoning Commission felt that the subject property could be included with the property to the north as a neighborhood node, staff feels that granting this request would encourage further strip commer- cial development along State Road 60. For this reason, staff recommends -that this request be denied. 28 r M Commissioner Scurlock wondered what effect the proposed rezoning would have on 74th Avenue, which currently is a substantial traffic problem. It is a primary access to roads to the south and west, and it is frequented by large citrus trucks. Chairman Lyons further pointed out that Walker Avenue, which has access to Village Green, connects with 74th Avenue, and we are going to have Indian River Estates with 350 units right next to it. He agreed that we are lining up for some kind of a traffic problem, and felt possibly the entrance to the Estates should be changed. Planning Director Keating believed that Indian River Estates access will be off 74th Avenue, but noted that they are dedicating a substantial amount of right-of-way; they will move it so it lines up north and south and will pave it north of SR 60. Commissioner Scurlock believed we will have to consider this request the same as we did across the street even though the rules have changed in the meantime, but even so, he felt we must consider all these factors. He asked if this is the last request for a neighborhood node under the old rules and was assured that it was. Commissioner Wodtke expressed concern about the truck traffic on Ranch Road. The Chairman asked if we are going to assign this traffic problem to the Transportation Planning Committee or staff, and Commissioner Scurlock believed staff will make an analysis to the TPC and then it will come back to the Commission. The Chairman asked if anyone present wished to be heard. Attorney William Caldwell came before the Board representing the applicant and noted that on June 5th, the Commission adopted the new neighborhood node standards, at which time two petitions were already in. In those discussions, he believed it was con- cluded that the 2-8 acre node was something that could take place on the four corners of an intersection and that the word 29 BOOK ��FALE �7 SEP ,, , LZ1 � 195 SES 1 195 BOOK i PAGE P�! "contiguous" in the new provisions wouldn't apply to the old standards. The week following the adoption of the new standards, the Board approved a node based on the old standards for ACTS. and ACTS reduced their request to three acres. Based on this, the Planning & Zoning Commission unanimously recommended approval of his clients request for rezoning three acres to C -1A. Attor- ney Caldwell contended that based on the old standards, they are part of a neighborhood node, and if granted it would be six acres. He believed in previous discussions it has been noted that SR 60 is not the typical neighborhood node situation, which generally occurs on secondary roads as opposed to main arterials. He then asked if the C -1A zoning category is still on the books, and Planner Shearer stated that it is, but it will be changed. Question arose as to what new category is most comparable to C -1A, and Director Keating believed it probably would be CN, which was particularly established for neighborhood nodes. After further discussion re categories, Attorney Caldwell stated that he would like to stay with C -1A at this time. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously closed the public hearing. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, to adopt Ordinance 85-76 rezoning the said 3 acres from RM -6 to C -1A as requested. Commissioner Wodtke noted that he voted against the Motion for the ACTS node, but it was approved based on the old criteria. To be consistent he would like to vote against this Motion also, but in fairness, he felt this should be allowed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 30 ORDINANCE NO. 85- 76 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian County, Florida, to -wit: A parcel in the East 25.61 acres of Tract 9, Section 1, Township 33 South, Range 38 East, according to the last general plat of the Indian River Farms Company as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, now Indian River County, Florida, more particularly described as follows: Beginning at the intersection of the South right-of- way for State Road No. 60 (including the adjacent drainage easement) and the West right-of-way of 74th Avenue run South along said West right-of-way 361.5 feet; thence run West, parallel with the right-of-way of State Road No. 60 361.5 feet; thence run North parallel with aforesaid 74th Avenue right-of-way, 361.5 feet to State Road No. 60 right-of-way; thence run East along said right of way, 361.5 feet to the Point of Beginning. All the above situate in Indian River County, Florida and containing 3.00 acres, more or less. Be changed from RM -6, Multiple -Family Residential District, to C-lA, Restricted Commercial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this lltYday of September 1985. BOARD OF -COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BV: TRICK B. Chairman 31 BOOS SEP 111985 APPOINTMENT TO PUBLIC LIBRARY ADVISORY BOARD BOOK 2.2 PAGE The Board reviewed the following memo from Chairman Lyons: MEMORANDUM TO: Board of County Commissioners FROM: Patrick B. Lyons, Chairman Public Library Advisory Board DATE: September 11, 1985 SUBJECT: Board Nomination I would like to take this opportunity to nominate Mrs. Peg Rondeau as a member of the Public Library Advisory Board. She would be taking Mr. Michael Rose's place who is unable to ful- fill his membership obligations due to previous commitments. Mrs. Rondeau earned her Library of Science degree from Drexel University (Philadelphia) and received her undergraduate degree from the University of Pennsylvania. Her qualifications include the directorship of the New Canaan, Connecticut library for 11 years. In that capacity, she was responsible for the planning and implementation of a two million dollar building program for that institution. In 1982, Mrs. Rondeau moved to Florida and settled in Sebastian. At that time, she took on the responsibility of designing and organizing the newly formed Sebastian River Library. She has remained closely associated with that library since that time, on a volunteer basis. I feel Mrs. Rondeau is eminently qualified to take on the responsibilities of being a member of the Public Library Advisory Board and that she would be an asset to this Board. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously appointed Mrs. Peg Rondeau to the Public Library Advisory Board to fill the vacancy left by the resignation of Michael Rose. STATUS OF SEA OAKS HOTEL SITE PLAN APPLICATION Planning Director Keating reviewed the following memo in detail: 32 � f s TO: The Honorable Members DATE: August 30, 1985 FELE: of the Board of County Commissioners SUBJECT: SEA OAKS HOTEL SITE PLAN APPLICATION FILE #IRC -8I -SP -14 FROM: Robert M. Keating, AICA"REFERENCES: Director Planning & Development Division It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 11, 1985. DESCRIPTION & CONDITIONS In January of 1985, the staff presented the Board of County Commissioners with information regarding the status of three developments on the north barrier island. Because of a failure to commence construction, two of those developments had their site plan approval terminated by the Board. The third project, the Sea Oaks Hotel, was found to have com- menced and maintained construction. Therefore, the Board, after tabling this matter at the January meeting, determined that the Sea Oaks Hotel site plan was valid when it recon- sidered this matter at its February 10, 1985 meeting. One condition imposed upon Gordon Nutt, developer of the subject property, by the Board at their February meeting was that he revise his approved site plan to conform to ordi- nances which had been adopted subsequent to approval of the original site plan. Among these new ordinances were revised parking standards, stormwater management regulations, -- off-site improvement requirements, and others. At their February meeting, the Board directed the developer to work with the staff and by April 20, 1985 submit a revised site plan meeting these requirements. The Board also directed the staff to inform the Board when the developer had complied with these requirements and to provide the Board with a status report regarding.progress on the hotel on August 21, 1985.. On May 8, 1985, the staff reported to the Board that the developer had submitted a:'revised site plan which was suffi- cient for the staff to review to determine if the developer had met the County Commission's February 20, 1985 mandate to comply with recently enacted requirements. At that meeting, the Board directed the staff to determine what provisions had been made and what formal agreements had been approved to service the site with utilities. ALTERNATIVES & ANALYSIS Since submittal of the revised site plan on April 19, 1985, the staff has continued to work with the developer regarding this project. On May 10, 1985, the staff sent a letter to the developer's attorney requesting a copy of the agreements for reserving water taps and wastewater capacity for the proposed hotel. That information was received by the staff 33 SEP 111985 BOOK C FAGS r SEP 111985 I B00K PAGE 4 on July 11, 1985. Subsequently, the staff completed its review of the revised site plan and transmitted comments to the developer and his engineer. Three issues must be addressed to adequately assess the status of the project. These are: (1) the availability of utilities to service the project; (2) the status of the revised site plan; and (3) the level of construction activity maintained on site in the last six months. Each of these will be considered separately. Utilities On July 11, 1985, the staff received copies of agreements between Gordon Nutt and Sea Oaks Devel- opment Company relating to the provision of utility services to the Sea Oaks Hotel project. In that correspondence, Mr. Nutt's attorney indicated that developer agreements with North Beach Water Company and Sea Oaks Development Company are currently being finalized. The utility agreement submitted by the developer references a developer agreement to be executed between the developer and North Beach Water Compa- ny. The existing agreement, however, does commit the Sea Oaks Development Company to provide the developer with both water and wastewater service exceeding the needs of the proposed hotel. The agreement also requires the Sea Oaks Development Company to extend water distribution and wastewater collection systems to the hotel site, and it specifies both costs and timeframes. Based upon these agreements, then, it appears that adequate provisions for utilities have been made for the project. Site Plan Staff comments on the revised site plan were not transmitted to the applicant until recently. Most of the comments were only minor in nature, since the developer had agreed to most of the major site changes prior to submittal of the revised plan. The remaining substantive item involves dedication of right-of-way. Once this issue is adequately addressed, the revised site plan can be approved. °. Hotel Construction 'Since the February 20, 1985 meeting of the Board of County Commissioners, the staff has monitored construction activity at the project site. During this time, construction has been maintained on the villa building which was under construction then. According to Building Department records, three inspections have been -made of the subject project in 1985. Two inspections involved the perimeter beam and were conducted in March and April; the other was a framing inspection conducted on July 12, 1985. In addition, an electrical permit was issued for the project in August of 1985. Based upon the staff inspection, it appears that progress is being made on the one structure under 34 construction. According to the construction schedule submitted by the developer on April 18, 1985, however, schematic plans for the hotel should be completed by this time. The schedule also calls for construction documents, bidding and award of contract, permitting, and commencement of con- struction for the villas to have been accomplished by now. According to the schedule, the hotel should be completed by September 1, 1987, and the villas should be completed by September 1, 1986. RECOMMENDATION It is recommended that the Board of County Commissioners accept this status report and find that a good faith effort has been made to maintain construction on the subject proj- ect. The staff further recommends that the Board order the developer to comply with the following requirements. ° that the developer submit to the staff executed developer's agreements relating to utility services to the site by November 11, 1985; ° that the developer comply with all requirements and obtain approval of the revised site plan by October 10, 1985 and - 0 that the developer comply with his proposed construction schedule. It is also recommended that the Board direct the staff to continue monitoring progress on this project and provide the Board with a status report on the project on January 11, 1986. Director Keating summarized that this site plan, which is located on the southwest quadrant of SR A -1-A and CR 510 on the Barrier Island, was considered for termination, but it was determined that it had commenced and that it was a valid site plan. He then showed slides of construction taking place on one of the villas which has progressed steadily and stated that staff does feel the developer has maintained construction, but are concerned that he continue to maintain his construction schedule and would like to keep on monitoring it. Commissioner Scurlock stated that this has been a really difficult task and he has not been a particular believer in Mr. Nutt and his good faith effort. Mr. Nutt now has demonstrated that he has spent substantial monies and he does have reserva- 35 SEP 111985 BOOK : PAGE �'� SEP 11 1985 BOOK �'� F��UL 1-1 d ru tions for utility taps; Commissioner Scurlock, however, still had some concern about the actual reservation of water and wastewater for the project, which comes through execution of an option. Commissioner Scurlock explained in detail how Sea Oaks purchased part of Mr. Nutt's hotel property, and as a part of the purchase agreement guaranteed Mr. Nutt a total of 710 ERCs, which was broken out into some specifics re the number of hotel rooms, etc., but there was some flexibility as to the changes that could take place on that. Then Sea Oaks entered into a developer's agreement with North Beach Water Company and reserved 897 taps, which means that Sea Oaks presently has only 187 ERCs for its total project as 710 are for Mr. Nutt's property. He noted that to complicate this even further, it seems they are equating an ERC to a 5/8' meter as opposed to a gallonage - they are saying 500 gpd per ERC, and under our county ordinance a hotel isn't 1 ERC, it is .20; so, you have to have five hotel rooms to reach 1 ERC. When you start trying to track this and see who has what reserved, it becomes a very difficult task. Also, when you look at their tariff for North Beach Water, it doesn't make much sense. Commissioner Scurlock noted that this, however, is not related to the good faith effort; it just causes him concern as to whether Sea Oaks has reserved enough capacity to do its own project. He continued that he has been working with Utilities Director Pinto and wants to meet with North Beach Water Company as he is not sure they know what they are doing. Utilities Director Pinto stated his only comment is that the tariff we are looking at has not been approved by the Commission yet; so, we have the ability to get into this. Chairman Lyons asked if Commissioner Scurlock is saying that the developer could come back in a few years and say he can't meet his development commitment because he doesn't have water. Commissioner Scurlock clarified that what he is saying is that legally Mr. Nutt has reserved sufficient taps to build his project, but since there is no formal relationship between Sea 36 Oaks and North Beach Water other than the existing developer's agreement that only equals 897 taps, of which 710 are reserved for Mr. Nutt, if Sea Oaks should suddenly get a large expansion of their project and start borrowing from those taps committed to Mr. Nutt, then when he wants to build there could be a problem. In other words, Gordon Nutt with his Sea Oaks Hotel has never reserved any taps directly from North Beach Water; he has done it through an option which came about when he sold property to the other Sea Oaks group. In discussion, it was noted that we have so-called Sea Oaks A and Sea Oaks B, and Administrator Wright suggested we call the Sea Oaks community Zaremba to keep them separate. He believed there are less than 100 units built or under construction for Zaremba for the coming year; so, he felt we have time to work this out. Director Keating suggested that the Board let him contact Zaremba and work this out. He reported that in 1981 site plans for both these projects - the Sea Oaks hotel and the Sea Oaks residential development - were approved under two separate ownerships, Gordon Nutt owning the hotel and Zaremba owning the residential community. Staff saw there were 700 or so taps reserved and that was sufficient for the Zaremba community; staff also looked and saw that Gordon Nutt through this option agreement had been committed a certain number of taps. These taps, however, were committed from Zaremba, who, to have these on hand, would had to have reserved double the number that they did. It was generally agreed we need to get all these facts together, and the Administrator stated that if the Board will so direct, staff will check into this. Attorney Stewart could only inform the Board that they are working on a developer's agreement with North Beach Water Company for both water and wastewater. Commissioner Scurlock commented that he could only say that 37 SEP 111985 BOOK f FADE e, -I 'SEP 11.1985 BOOK Mr. Nutt has been very cooperative; he believed that Mr. Nutt has the same concerns that he does and that he has acted in good faith. He emphasized that the key is to have the water there when we need it, and stated he would be happy to work with Director Pinto and staff on this matter which is very complicated. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously approved the staff recommendations as set out in memo of Director Keating dated August 30, 1985, and authorized Commissioner Scurlock and staff to pursue the questions raised re utility items and bring a report back to the Board as soon as possible. JOINT MEETING - D.O.T./REP. PATCHETT/COUNTY COMMISSION Commissioner Wodtke noted that this meeting came about because of concern that has arisen re lack of adequate mainte- nance of the state roads in our district. We have received many complaints from the public about the maintenance of drainage ditches along the road, the sidewalks, etc., particularly along 27th Avenue, that now is a state road, and we can see evidence of the lack of maintenance ourselves. This meeting was set up to see i,f we could get someone from the D.O.T. to explain their maintenance program and inform us whether there is any alternate way we can approach this problem if the state is not able to do what is necessary, i.e., can we have some contractual arrangement so the work can be done that should be done and what funds can be made available. He requested that someone from the state tell us about their maintenance schedule and explain what the problem has been with maintaining the roads as they have been maintained in the past. 38 William Fowler informed the Board that he used to be known as the District Engineer for the D.O.T. and is now known as Deputy Assistant Secretary, of which there are nine altogether - three in Tallahassee and one in each of the districts. He introduced Jim Chandler, District Director of Operations; Ron Register, District Maintenance Engineer; and Jim Byron, who is responsible for maintenance in this four county area, operating out of Fort Pierce. Mr. Fowler noted that the budget for this four -county area of the District is generally used in maintenance activities of two types - routine and periodic, and he felt what the Commission is talking about is the routine maintenance. Mr. Fowler stated that three things control how often and how well they carry out the maintenance. (1) The amount of money allocated internally to the Department each year. Those funds are approved for the whole state and then divided up proportionately by the mileage on the system. (2) If there is not enough money to take care of all the need and maintenance up to a given standard, that deficit ideally is prorated and equally shared around the state. (3) Sometimes there are emergency situations that cannot be anticipated, and the Department does not have an emergency fund any more; this would come right out of the operating budget. Mr. Fowler then asked Ron Register to speak to the specifics of the maintenance schedule as it relates to this county. Chairman Lyons reported that we have a letter of complaint from Mrs. Elizabeth Mason, re 27th Avenue, which he would turn over to Mr. Register. The letter is as follows: 39 SEP 111985 BOOK ( FAGE e2, SEP 11 1985 BOOK (� Elizabeth H. Mason t� P. O. Box 986 BOARD Cppp� -„7 Vero Beach, Florida 32961-0986 COM. M1913SlOPrE('s w:� Atiagus'."2Qc„ 1985, Wi `tke, Jr., j County Commissioners -, •`,�:�..., `y Ci�i Indian River County Board of County Fi� , M ica Commissioners 1840 - 25th Street C Vero Beach, Florida 32960 Re: State Maintained Roads in Indian River County Dear Bill: I was pleased to read in the Press Journal that you were angry with the DOT for their neglect of State roads in Indian River County. I..live on 27th Avenue, south of Road 60. The lack of maintenance on 27th avenue is constantly visable. The State rarely mows or cleans the right-of-way, and the sidewalks and bike path are always overgrown. When the weeds become so tall I can barely see to get out of my driveway, I begin calling the local DOT office to ask when they plan to mow. They say their equipment is broken"just now" - or they are on a bigger job on some other road and can't get to it now - or some other excuse. It seems to me their Policy is to wait until adjacent property owners become so concerned that they mow it themselves, thus doing the DOT's work for them. Our driveways constantly wash into the drainage ditch with no attempt made to "secure" or bulkhead the driveways. I hope you have some luck in your attempt to obtain some cooperation and constructive improvement in the maintenance policy of the DOT throughout our County. With school starting soon, I do wish at least the side- walks and bike path could be "cleared" for use of our little people. I had understood a few years ago when the telephone company installed cables along 27th Avenue and broke sidewalks and crushed culverts with their heavy equipment, that all this was to have been repaired. The broken sidewalks remain, and my culvert and manytothers along 27th Avenue are so mangled that they certainly impede the flow of water. I just thought I would add a little fuel to your fire - if complaints such as mine might help your cause.' Sincerely, a� . a� �aa_tet/ (Mrs.) Elizabeth H. Mason Mr. Register explained that their budget is set up for the whole district as to what they are capable of doing with their forces either by means of contract maintenance or internal forces and equipment. Due to the fact that they are short on manpower, 40 they have been going to contract maintenance quite heavily and they have numerous contracts at the present time. The Fort Pierce area of the District consists of four counties - Okeechobee, St. Lucie, Martin and Indian River Counties. Last year they had programmed in not quite a million dollars for Indian River County, and this year they have programmed 1.2 million, but this is all based on the amount of budget money they actually receive. Mr. Register reported that last year they expended about $623,000 in the county, which is all they could put in at that time because they did not get all the funds they requested and they go where the need is the greatest. Commissioner Wodtke asked if they ever contract with county forces or just with private contractors. Mr. Register believed that the 6th District at one time contracted the street lights with the county, but in this District most of their contracts are with private contractors. Mr. Fowler stated that there is a fairly strong feeling within the Department to move in that direction from a policy standpoint and contract with local government in those areas where it is felt desirable by local government - primarily litter pickup and mowing, which seem to be the most troublesome things. He noted that cities and counties generally desire higher standards than the D.O.T. is able to supply, and he believed that is a way to go in the future. Administrator Wright inquired if such an arrangement could be considered this fiscal year, and Mr. Fowler believed it might be possible to work something out even this year. Commissioner Wodtke commented that they had indicated there was a shortage of manpower and he wished to know the average salary for a mowing operator on a state level. Mr. Fowler believed it was about $4.00 an hour and stated that their salaries at all levels are generally non-competitive with local counties. 41 • BOOK C-,' F��� �� SEP 11 . 1985 BOOK PAGE 42 Commissioner Wodtke asked how much of the 1.2 million pro- grammed for Indian River County would be for routine maintenance, and Mr. Register felt probably half. Commissioner Scurlock believed we need to focus in on three things. First, we want to be sure that a fair share of the money appropriated to this district comes to us. Second, we need to establish priorities by working with the D.O.T. re surfacing, litter pickup, mowing, etc. Third, would be to have some sort of participation by local government whereby we can receive some dollars if we have county people do this work. He noted that we have had this past year situations on the Route 60 corridor where you literally could not see a passenger vehicle from one side to the other. This is not a safe situation, and the corridors into our community project the image of our community. Chairman Lyons stressed his belief that we have to make sure the basic level provided by the state is sufficient as we do not want a situation where the state does nothing and we do it all; Commissioner Scurlock believed the message Tallahassee is sending us is that they yielded to the desire for local control and now they will let the counties do more. He noted they did give us the gas tax option to provide funds. Commissioner Wodtke believed in years past the D.O.T. mowed on a basic schedule of every three to four weeks, but now it is much less often. He asked what the routine schedule is now. Mr. Fowler assured the Board that he did understand their concerns, especially about gateways into cities, etc. He stated they will work with local government and believed they need to have these kinds of discussion with every county and city and come to some understanding re the roads about which there is a particular concern, particularly from the aesthetic standpoint. On the issue of adequate funding for maintenance, he noted that several years ago a Senator from Miami got on a real crusade about going after D.O.T. maintenance; he got people in the Legislature to listen; and now there has been a tendency to take 42 l ;1 some money away from the D.O.T. to force them to be efficient. As a result, Mr. Fowler stated, the D.O.T. is not funded anywhere near to their standard of maintenance, and, in fact, is at about 60% of the resources they need to do what they have defined as an adequate program. Therefore, because of the liability situation, the D.O.T. chose to spend money on safety measures rather than aesthetics. Commissioner Wodtke asked if they would basically say that the D.O.T. only has enough money to maintain the roads at 600 of their minimum maintenance requirements. Mr. Fowler confirmed that statement and emphasized that this is even more true of routine maintenance than periodic maintenance because the routine maintenance is what gets neglected when there is a shortfall of funds. Commissioner Bird inquired about interstates, and Mr. Fowler explained that they have a contract with the federal government to do these interstates, and they do a lot of contract maintenance on the Turnpike. Commissioner Bird asked if they spend any state money on federal roads, and Mr. Fowler stated that the federal government does not pay for maintenance; it is all state money. They will help with some repairs, but not if it is called maintenance. Jim Byron, local D.O.T. representative, noted there are some critical issues involved in keeping maintenance up to the standards the County requires. The D.O.T. has two mowing machines in the county, and they are in continual operation except for breakdowns. This allows the D.O.T to mow the primary system about two times.a year. Commissioner Wodtke asked if this means they only mow U.S.1 twice a year, and Mr. Byron agreed that was correct unless the county gave up some of the other part of the local system. Commissioner Bird wished to know how often the D.O.T. would mow to maintain their standards if the funds were available, and Mr. Byron felt it would be at least four times yearly. 43 SEP 111985 >3 or; PAG E SEP 111985 BOX Fr1Ut Commissioner Bird asked Public Works Director Davis about our county standards, and Director Davis noted that on a county level, we have more equipment and more miles. We try to shoot for a 6-7 week interval, but we do have equipment problems also. He informed the Board that we have been looking into establishing a maintenance management system in the future working with the National Association of County Engineers. Representative Dale Patchett believed this discussion is about as informative to him as the County from the maintenance standpoint. From the Legislative standpoint, however, maintenance dollars are the last on the list. With shortfalls in overall funding and the demand for new bridges, new roads, repaving, etc., the emphasis shifted to the safety standpoint because the more traffic, the more accidents, and courts were finding the D.O.T. liable. The Legislature, therefore, put more pressure into correcting intersections, improving guard rails to lessen impacts, and those type of things. They wanted to shift monies where the counties wanted them and did change the gas tax and then the price of gas fell. They tried to rewrite that and need a major change of D.O.T. structure and funding. They also did put out the optional gas tax to try and help the counties.: Representative Patchett stated that the Legislature is trying to come up with another solution for more funds, but the federal government has cut the state back. Florida has some roads that other states don't require and has a different budget process for the D.O.T. in that we allocate a lump sum of money to the D.O.T., which they internally separate into the various districts, and he believed when they are done with this, the maintenance money is what is left over; it is the last thing on the state's budget. Representative Patchett further noted that for a long time it was impossible for local government to contract with the D.O.T., but now it is possible; so, he felt we are making progress slowly. Discussion ensued on the percentage of the D.O.T. budget 44 1 D that would be allocated to maintenance, and Mr. Fowler estimated about 150 of the total budget. Representative Patchett pointed out that when major projects such as the Barber Bridge, etc., are accelerated, something else is eliminated, and they do steal items out of the maintenance budget for things such road design, etc., when priorities are changed. He stated that he has never been happy with our D.O.T. budgeting process where we give them lump sums to divide out as we really cannot tell if each county is getting its fair share. Commissioner Wodtke commented that for the past 11 years that he has been on the Commission, we have always gotten along well with the D.O.T., and he only wanted this meeting to be constructive. Mr. Fowler stated that he could not deny that they have had to neglect the aesthetics. Discussion ensued regarding the $660,000 spent in the county last year, and Mr. Fowler believed that was mainly all for routine maintenance, i.e., mowing, litter pickup, guard rail and sidewalk repair. Commissioner Wodtke noted that in the road reclassification done by the state, we took back Old Dixie and the D.O.T. took back 27th Avenue, and this has become one of our major source of complaints. It is a residential neighborhood, and the county did maintain it at a higher standard. Mr. Byron stated that they are not doing well in their drainage cleanup, and one of the reasons is the philosophy in the Department to relate priorities to the condition of the roadway. If it is satisfactory drainagewise, then.you set your priority to what may impinge on the safety of the roadway. They do not look at aesthetics, but just see if it is functioning with respect to the roadway. He agreed this is not an acceptable approach, but it is all the D.O.T. can afford. He further noted that one of the tractors used in the county has been down for six months. 45 SEP 111985 6 62 ma.. 48 E P 11 1985 8QOA 62 FAG(, 4G Amazement was expressed that a piece of equipment could be down for this length of time, and Mr. Fowler explained that, except in emergencies, they are not allowed to contract with local businessmen for repairs. They have two contract centers around the state where they send their heavy equipment for repairs, and while this is being done, they are out of business. Mr. Byron confirmed that they have two draglines for the four -county area and have to ship that piece of equipment to Jacksonville -to have it serviced and overhauled. Representative Patchett explained that the D.O.T. and General Services Department are both executive rule-making agencies. The D.O.T. used to service its own equipment, but now General Services handles it, and the Legislature is not happy with it. There are heavy equipment places in South Florida as well as in Jacksonville, and the present set up doesn't make sense. It is frustrating because you cannot get a response or answer on this from General Services. Considerable discussion ensued on the inefficiency of this arrangement, and Representative Patchett reported that a committee has been appointed to look into this type of thing to see if the delivery of such infrastructure services can be streamlined. He noted that sometimes the crews that you see leaning on shovels are a result of the equipment breakdown. Chairman Lyons commented that he did not vote for the 24 gas tax in order to spend that money cutting weeds, and he did not believe that was what the Legislature had in mind either. Representative Patchett felt the Legislature did have road improvements in mind, but also believed this would free up monies in the overall budgets. Commissioner Scurlock stated his feeling was the opposite of the Chairman; he felt these monies might help Public Works add some people and our impact fees would help with road improve- ments. He did believe that in our County we have maintained a higher standard that what is available with the D.O.T, and he, 46 therefore, felt we should implement some coordinated effort with the D.O.T. to raise these standards where we are having complaints. Commissioner Bird felt we have to depend on our state repre- sentatives to try and get the D.O.T. funded adequately. He did agree priority has to be on keeping roads safe rather than aesthetics and then the money left over should go to maintenance. If the funding is short of meeting our standards, then we have to see how we can work this out cooperatively. Commissioner Scurlock stated that his personal approach to this would be to have the Public Works Director give us more specifics and then set aside a portion of those monies for that activity the next year. Administrator Wright stated that the bottom line of the whole thing is priorities. If the desire is to spend money on mowing grass, we have to take the money for that from something else. Commissioner Scurlock asked how much the 24 gas tax brings in yearly, and Director Davis stated about $112,000 per quarter or $448,000 yearly. Chairman Lyons suggested Director Davis get together with the D.O.T. and come up with a joint program and come back and tell the Board how he feel this would be allocated. Commissioner Wodtke felt the key thing he has learned today is that in order for the state to meet the minimum standards, they need to mow about every 6-8 weeks, and they say they have enough funds to do this only every 26 weeks. He believed we should try to get this district additional money so they can meet their minimum standards and that we should work cooperatively and assist - if some of their machinery is down, possibly we can get together on that. He also would like to have joint meetings at least in the four -county area of the district. Mr. Fowler confirmed that he certainly would like to participate in some workshops, and he believed we need to start 47 3? SEP 11 1985 L_ a SEP 111985 BOOK L_2! PAGE 4-2 at a county level and a local maintenance engineer level. He noted they are in the process of some reorganization of personnel structure, and when this is done can schedule a workshop meeting, hopefully within 60 days or less. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the Public Works Director to work with the D.O.T. to come up with a proper mix on this maintenance schedule for at least our major access points into the community and then bring that back to the Commission so we can see where the money is going to come from and how we accomplish this. Representative Patchett emphasized that he needs to know what the monies involved are as their budgetary process starts in January. Director Davis believed many Commissioners have received calls on the Rockridge outfall. He noted there has been some money appropriated in the D.O.T. 5 year plan for some work on that outfall, but looking at the dollars appropriated, he was not sure what could be accomplished with that money. We have done a lot of work on their local state system, and he would like to maximize use of the money appropriated in the D.O.T. plan to work with that outfall, which he believed is the number one mainte- nance complaint we have in the D.O.T. system. He stated that he would like to solve that problem as a capital improvement, not as continual maintenance. Terry Goff, Mayor of the City of Vero Beach, spoke of his feeling that revival of the twin pairs project would solve some City traffic problems. He was glad to see representatives of the 48 1 1 D.O.T. here today and expressed the hope that they can work with the City as well as the County. Chairman Lyons thanked those from the D.O.T. and Representative Patchett for their time and their cooperation. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:08 o'clock A.M. ATTEST: Clerk Chairman 49 BOOK Q PAGUE 49 SEP 1.1 1985 I