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11/27/1985
Wednesday, November 27, 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, November 27, 1985, at 10:30 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; and Barbara Bonnah, Deputy Clerk. Chairman Lyons called the meeting to order and Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Scurlock requested the addition to today's ;s Agenda of scheduling of two public hearings on the zoning conversion ordinance for non-residential districts. Administrator Wright requested the addition to today's Agenda of the matter of purchasing a copier for the Circuit Judges' office. Attorney Vitunac requested two additions: 1) a proposal for redistricting the voting districts of the Board of County O� 7�� BOOK r Phut 2. ry NOV 2 7 1985 BOOK 62 ` -PAGE Commissioners, and 2) a proposal from Breezy Village Mobile Home Park to create a mobile home recreation district. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, Commissioner Bird being temporarily delayed, the Board unanimously (4-0) added the above items to today's Agenda. W APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of October 23, 1985. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, Commissioner Bird being temporarily delayed, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of 10/23/85. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of October 31, 1985. There were none. _ ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, Commissioner Bird being temporarily delayed, the Board unanimously (4-0) approved the Minutes of the Special Meeting of 10/31/85: Commissioner Bird entered the meeting at 10:37 o'clock A.M. CONSENT AGENDA Commissioner Wodtke requested that Item l - Sale of County -Property - be removed frorri-the Consent Agenda for discussion. 2 A� Approval of Renewal_ Applications_ for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 11/14/85: TO: The Honorable Mwnbers of the DATE: November 14, 1985 FILE: Board of County Commissioners SUBJECT: PISTOL PERMIT - RENEWALS FROM: Michael Wright REFERENCES: County Administrator The following individuals have applied through the Clerk's Office for renewal of pistol permits: Martin F. Fitzgerald Louis James Eden All requirements of the ordinance have been met. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously renewed, permits to to carry a concealed firearm for: Martin F. FitzGerald Louis James Eden B. Budget Amendment, Parks Dept_ The Board reviewed the following memo dated 11/20/85: h..!NOV 2 71985: 3 aoUK -62 FADE82 NOV 27 1995 4 BOOK 62 PAGE 8 1 4 TO: Hon. Board of County Comm iss i oneDATE: November 20, 1985 FILE: SUBJECT: Budget Amendment 1985/86 Fiscal year FROM:Jos ph A. Baird, REFERENCES: OMB Director Account Title I -Account Number "Increase -Decrease Other Imprv-Except Bldg. 004-108572-66.39 $29,588 Other Operating Supplies 004-108572-35.29 590 Electric Services 004,108-572-34.31 1,000 Other Impry-Except Bldg. 102-210-57246.39 4,000 Reserve for Contingency 004-199-581-99.91 $31,178 Reserve for Contingency 102-199-58499.91 4,000 The Parks Department had budgeted capital projects in the 1984/85 fiscal year, however, the postponement of the projects has required that we forward the funds to the 1985/86 budget year. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the above budget amendment, as recommended by OMB Director Joe Baird. C. Budget Amendment, Sheriff's Dept_ The Board reviewed the following letter dated 11/4/85: 4 P. O*BOX 608 PHONE 569-6700 November 4, 1985 Honorable Pat Lyons, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Pat: R.T."TW DOBECK • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO BEACH, FLORIDA 32961 On August 29, 1985, this Department submitted a budget amendment to the Board, copy attached, for approval. This amendment was approved September 18, 1985. It's purpose was to reimburse us for special duty overtime previously turned into the Clerks Office. A check was issued to this Department in early October. At that time we assumed, in error, all September invoices had been paid and the check was returned to the Clerk's Office. Subsequent to that time, some unanticipated September invoices had come in to be paid. We are.requesting that money be returned to us to help cover these September invoices. Also, in July the Department provided 190.0 hours of security at a private residence. The individual was reminded several times but did not pay for this service until October 24, 1985. As part of this amendment we are requesting this money be included in our cur- rent year budget. Sincere y, :.R. "Tim" Dobeck, Sheriff Indian River County - NOV 2 71985 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the following budget amendment, as recommended by Sheriff Dobeck. 5 Boa '62 FACE.825 caCA- 0 om LL2aS � Fxr�m wy. a= m �Q V nc ¢oz@ oFr<a ILOu- aQ� m r T— C- 01--p Bowen Supply Co., Ltd., Plant City, Fla. I P BUDGET ACCOUNT AMENDMENT DATE REQUESTED Indian River' COUNTY Form 82.7.4 Sheriff's Department No.: 1 FY: 198586 November 4, 1985 TO: Indian River COUNTY I hereby request approval for the amendment of the eriff's Department budgJ e as set forth below: Board of County Commissioners to G T Sheriff R. T. "Tim" Dobeck Shell- herOriginal OriginalBudget or Last Amended Budget Including Amendments Budget Accounts FY 1985/86 Amendments Requested Requested .10 Personal Services $ 3,197,027 s - $ 3,197,027 .30 Operating Expenses 915,691 4,500 920,191 .60 Capital Outlay 64-41 Auto Equipment 393,000 - 393,000 64-43 Radio Equipment. 46,308 - 46,308 64-44 Other Equipment 61,070 i 7,564 68,634 Contingency 10,000 ' 10,000 TOTAL BUDGET $ 4,623,096 $ 12.064 $ 4,635,160 This I to c owledge re i y the Board of County Commissioners This is to certify that this budget account amendment has been' Date: // 8� r, Ap ed / Disapproved ` Date: oA �Jr gnat a Signature Title: Chairman BoaruCounty Commi ssi oners Title: Director Office of Management & Budget Indian River County Bowen Supply Co., Ltd., Plant City, Fla. I P D. West County Regional Wastewater Treatment Plant,_ Utilities Project U85 -S2, Change Order 1 The Board reviewed the following memo dated 11/20/85: TO: THE HONORABLE BOARD OF DATE: NOVEMBER 20, 1985 COUNTY COMMISSIONERS THRU: TERRANCE G. PINTO SUBJECT: WEST COUNTY REGIONAL WASTEWATER TREATMENT PLANT - MAROLF SHOP DRAWING APPROVAL - CHANGE ORDER NO. 1 - COUNTY UTILITIES PROJECT FROM: RONALD R. BROOKS/�� NO. U85 S2 DESCRIPTION AND CONDITIONS Marolf's final shop drawings of the West County Regional Waste- water Treatment Plant were reviewed by Staff for approval for construction. The drawings were acceptable with the exception of several changes that are needed to improve the operation and safety of the facility. The attached change order (No. 1) will provide the needed changes in the facility at an increased cost of $15,972.00 above the original cost of $1,374,600.00. The total cost of the facility with the approval of this change order will -be $1,390,572.00. This change order will not change the contract construction time. RECOMMENDATION Staff recommends that the Honorable Board of County Commissioners approve the attached Change Order No. 1, Project U85 -S2 in the amount of $15,972.00. �A, IOV 2 7 1985 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved Change Order No. 1, Project U85 -S2 in the amount of $15,972, as recommended by Utilities Director Pinto. 6 BOOK 6.2 PAGE 827 CHANGE ORDER BOOK 62 FACE 828 (Instructions on reverse side) No. 1 PROJECT: West Regional Sewage DATE OF ISSUANCE: Nov. Treatment Plant OWNER: Indian River County (Name, 1840 25th Street Address) Vero Beach, Fl. 329 CONTRACTOR: OWNER's Project No. 1185-S2 Metro Equipment and Construction Associates, Inc. ENGINEER: Williams, Hartfield, Stoner/ Carter & Assoc. - Joint Venture CONTRACT FOR: ENGINEER's Project No. 2130-05 You are directed to make the following changes in the Contract Documents. Description: Changes in pumping layout, pipe material, provision of additional walkways and grating, and minor changes in appurtenances. Purpose of Change Order. To provide additional sludge pumping capacity, enhanced plant access. Attachments: (List documents supporting change) Attachment 1 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 1.374,600.00 120 days or date Previous Change Orders No. — to No. — Net change from previous Change Orders days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 1, 374, 600.00 120 days or date Net Increase of this Change Order Net Increase (decrease) of this Change Order $ 15,972.00 —0— days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 1,390,572.00 120 days or date RECOMMENDED: PR VE : by by I 1 Owner WHS/Car er Indian River/ EJCDC No. 1910-8-13 (1983 Edition) Prepared by the Ensinxers' Joint Contract Documents Committee and endorsed by The 7 ty General Contractors of America. TABULATION OF CHANGE ORDER NO. 1 ITEMS Spec. Ref. Description Cost Change ~ Add Deduct DS -8 Revise bypass piping and sludge/plant drain piping None Provide two (2) 18 inch square aluminum slide gates $ 2,09.0.00 $ 3,567.00 - DS -1 Change lift station from 4' dia. DS -7 8' deep to 8' dia. 12' deep; re - DS -9D locate pumps with appurtenance changes, and change impeller on 2 hp. pump. $ 3,780.00 - DS -9D Provide additional discharge piping and liftout tail system $ 945.00 DS -1C Provide additional walkways, grating, and appurtenances to interconnect unit processes $ 9,770.00 - NET INCREASE CHANGE ORDER NO. 1 $15,972.00 E. IRC Bid #261 - Electronic Distance Measuring Device The_Board reviewed the following memo dated 11/19/85: Nov 2 7 1985 8 BOOK 62 FAUE 829 NOV 2 71995 8n. '-.62 PAGE JO 2. Alternatives and Analysis One Bidder,_Dudley Reilly & Associates, Inc.*, did not bid on.the'electronic distance measuring device, only on the accessories. The bid submitted by Surveyors Supply Co.7, Apex* N.C. was for a Topcon DM -53. electronic distance measuring device which is not compatible with the Lietz D.T. 20E Electronic Theodolite owned by the County...(See attached memo from D. Jones) The other bid, submitted by Florida.Level and Transit is for a Leitz-Red 2L electronic distance measuring device. The total bid, including accessories, is $6,245,25. 3. Recommendation and Funding It is recommended that IRC #261 be awarded to Florida Level and Transit in the amount of $6,245.25. There is $6,315.00 in Account #x004-244-541-66.49 for the purchase of an electronic distance measuring -device. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously awarded IRC Bid #261 in the amount of $6,245.25 to the low bidder, Florida Level and Transit, for (1) electronic distance measuring device. 9 BOAFID OF COUNTY COMMISSIONERS 1840 25th Street ZZ,o 0 Vero Beach, .Florida 32960/ek �=4 Q AA qa qj BIO TABULATION �� ,k�� �• � BID NO. `. DATE; OF OPI=NING IRC BID #261.: 11-5-85 0 � F �- N- � a a� L BID TITLEpa1 Electronic Distance Measuring Dev3 +° ITEM , ;':. ' `• : DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT P 1.. Electronic Distance Measuring Device - 1 Each 5305 00 NB NB 3880 00 NB 2. Tri le.Prism Assembly Furnish & Deliver I Each345 00 320.00 354 00 3. . Tri brnh Adaptor Furnish & Deliver. 1 Each. 63 00 30 00 36 00 4., Tribrach W 3 Power Opticallummet 1 Each 245100 275 00 240 00 ri od compatible with. above 1 Each 165 00 156 00 "Necessary"cables 121 50 165 00 N6 Furnish & Deliver .: TOTAL 6245 25 4835 00 Days rpiiuired for deliver after receipt of P.O.. Days. 5 10 2 F. Execution of Agreement between IRC_and John Lyon d/b/a Royal Garden Village Shopping Center ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the Agreement Between Indian River County and John Lyon d/b/a/ Royal Garden Village Shopping Center, and authorized the Chairman's signature. N OV 2 7 1985 AN AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA and JOHN LYON d/b/a ROYAL GARDEN VILLAGE SHOPPING CENTER THIS AGREEMENT made this 27th day of November , 1985, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, hereinafter referred to as "County," and JOHN LYON d/b/a ROYAL GARDEN VILLAGE SHOPPING CENTER, Vero Beach, FL 33409, hereinafter referred to as "Developer, " WITNESSETH: WHEREAS, Developer has constructed a shopping center within the service territory of the County Utility System; and WHEREAS, the Developer wishes to connect to the County wastewater system and has paid the requisite impact fees to the County's Division of Utility Services; and WHEREAS, to protect the ability of the County -owned wastewater treatment plant at Vista Royale to handle the expected effluent from the Developer's project, it is necessary that certain improvements and repairs be made to the sewer main running from the shopping center to the sewage treatment plant; and WHEREAS, as a condition of the Developer's right to connect to the County system, the Developer has agreed to pay $4,500 to the County, which is the estimated cost to the County for cleaning, televising and visually inspecting joints and pipes, and for repairing all leaks found, NOW, THEREFORE, for and in consideration of these premises and other good and valuable consideration, the County and the Developer agree as follows: 1. Developer's Requirements The Developer shall pay to the County the sum of $4,500 within ten days of the date of execution of this Agreement. This sum shall be in addition to the impact fees already paid by the Developer for the right to connect to the County wastewater treatment system. -1- 2. County's Requirements In consideration of the receipt of the sum of money mentioned in paragraph 1 of this Agreement, the County agrees to clean, televise and visually inspect, and repair leaks found in the force main running between the Developer's project and the County's wastewater treatment plant; and further, by this Agreement, County grants to Developer the right to connect to the aforementioned wastewater treatment system. 3. Good Faith Estimate Both Developer and County agree that the sum of $4,500 was arrived at by good faith estimate of the cost required for the services under this Contract, and that if the cost is more or less . than the estimate neither party shall make a claim upon the other for an excess or deficiency. 4. Payments Due All fees owed to the County shall be paid before any Certificates of Occupancy are issued for the project. Dated: 1, _ to %5'*' Dated: 11/27/85 Approved as to form and legal sufficiency: Charles P. Vitunae County Attorney ROYAL GARDEN VILLAGE SHOPPING CENTER By n INDI&V RIV-" COUNTY, FLORIDA MILK- B. Ly�ls airman r Approved as to technical ZContet: T rrance Pinto, Director Div. of Utility Services -2- NOV 2? 195. BOOK62 PAGE �p� BOOR G. _Release of (5) Assessment Liens, SR -60 Water & Sewer Project ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously released the following assessment liens on SR -60 Water & Sewer Projects: (1) ERU Water - Ruth M. Krebs - Pine Creek Condo. II (1) ERU Sewer_- Ruth M. Krebs - Pine Creek Condo. II (1) ERU Water - Clayton J. and Winifred E. Oberholtzer - Pine Creek Condo. II (1) ERU Sewer - Clayton J. and Winifred'E. Oberholtzer - Pine Creek Condo. II. (1) ERU Water - Leonard J. and Constance C. Hatala, - Tamara Gardens Condo. I SAID RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Drainage Easement Granted to J. R. Ashton Subdivision The Board reviewed the following memo dated 11/18/85: TO: The Honorable Members of DATE: November 18, 1985 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Drainage Easement Granted by Indian River County to J.R. Ashton Subdivision FROM: James W. Davis, P. REFERENCES: Public Works Directo DESCRIPTION AMID CONDITIONS To properly drain the J.R. Ashton Subdivision, which is being constructed southeast of the County landfill site west of Old Dixie Highway (south of the South Relief Canal), a 30' drainage easement is necessary along the south 30' of the Oslo -Dump site. To put this easement on the Public Records, staff reccmnmds recording the attached easement. RECOMMENDATIONS AND FUNDING Staff recommends authorizing the Chairman to execute the attached easement for 'recording. There is no funding to consider since the County owns the land. 12 of ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously granted a 30" drainage easement to J. R. Ashton Subdivision, and authorized the Chairman's signature for purposes of recording the document. E A S E M E N T THIS GRANT OF EASEMENT, made and executed this 27th day NOVEMBER , A.D. 1985, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1840 25th Street, Vero Beach, Florida 32960, hereinafter called the Grantor, in favor of the following described parcel of land: ALL THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 24,TOWNSHIP 33 SOUTH, RANGE 39 EAST, LYING WEST OF 6TH AVENUE AND OLD DIXIE HIGHWAY, EXCEPT ALL OF THE SUBDIVISION OF WHISPERING PALMS, UNIT #1, AS RECORDED IN - PLAT BOOR -4, PAGE 58, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LESS .AND EXCEPT RIGHT OF WAY FOR PUBLIC ROADS, hereinafter called the Grantee. W I T N E S S E T H That Grantor for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration, receipt of which. is hereby acknowledged by these presents, does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, its heirs, legal representatives and assigns, a perpetual easement of thirty (30) feet in width for drainage easement, over, across and beneath the following described land, situate in Indian River County, Florida, to wit: NOV 2 71985 L: The South 30.00- feet of the Northeast quarter of the Northwest quarter of Section 24, Township 33 South, Range 39 East, Indian River County, Florida, lying East of .the Easterly right of way line of the Lateral "J" Canal. 13 �. BOOK 62 FAGE r NOV 27 19$5 .. . 1, ; -- 7�_ BOOK 62 PAGE 8.1 AND Grantor hereby covenants with said Grantee that it is lawfully seized of said servient land in fee simple, that it has good right and lawful authority to convey the easement established hereby, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, the day and year first above written. Signed, sealed and delivered INDI IVER COUNTY, FLORIDA - in the,. presence of: BO D 0 COUNTY COMMISSIONERS .�) By : FREDA-WRIGHT, erk ATRICK B. NS Chairman Approved as to form and legal suffici ncy. %M'u- `��A(SEAL) Bruce Barkett Assistant County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, the* undersigned authority, this day appeared PATRICK B. LYONS and FREDA WRIGHT, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal this a day 1985. tart' ublic My Commission Expires: NOTARY PUBLIC STATE OF )IOR169 MYf COMMISSION EXPIRES JULY 8 1986 14 IN Sale of County Property The Board reviewed the following memo dated 11/19/85: Board ot County TO: Commissioners DATE: November 19, 1985 -FILE: ' SUBJECT: Sale of County Property FROM: L. S . "Tommy" Thomas,FfRENCES: Intergovernmental Rela Director The property we received bids on today is located north of 42nd Street, west of the Florida East Coast Railway and at the southern end of 24th Avenue. A location map is attached. This property is approximately .62 acres and is assessed at $7,900. This is the second time we advertised for bids on this property and today we did receive one bid in the amount of $2,303. This property does not have proper access and it is my recommendation to sell it to the one bidder for $2,303 with the money going to the Parks and Recreation Development Fund. = 40 ° 4 2 nd PL. 3 = '39 = P 1•�, u %38 s 2 7 W6, 37 WD WN" - W r.;. > ( `� 1� �• 5 = 111.76 3 6 `f •36% 0 11 _ - 4 5tiJNOA .+► 6L ,r3 =35r(30Y • 320' 7U' 1 C7 • 111.2' C _ 9 ' - �, a m �. ® T 34 N a I N o3.t 4 110 e ' a5i. o I �% C y ./SAL � = 33 A747 / r 5,�- Too I oo �3y�— _ ,�{' .Q 8 110.64 0 ,- I .�1. 130•; 15�r - ?J1 1 3Q50� Ar- I 1 i� -� ro mL a+' �"� yc • a 32 I as I ac o"I ee �. f' — 11036' o I I >r.o o °o �� � 3oeo1 9 so so• ao' 1y5 S' qj! -Ew �. 0,3) z * 17d 10" 42nd ST. tos ' ' • I � ,'�-CGty`-r.-a � +-ti,C•J �n.C... � ! 1't0 x 1 I '� . t. U)3. 3,�7o 0 L) 96 d,to M 12 t A 3 _ �j33��60 _®�•13 14 _ 15 'NOV 2 7 1985. BOOK 62, PAGE 837 ® 2 7 BOOK 62 FA;�E s: Don Hylton, Admin.` Assistant to Clerk of the Courts, explained that they have exhausted all inlets for computer hookup from the Administration Building to the Courthouse Annex. At the present time there'are 5 cables running between the two buildings. After considering other transmission methods, they are recommending that we purchase computer cabling from Cord Cable Company of Rochester, Minnesota, in the amount of $4231.69, and contract with David N. Myers, D.N.M. Cable Contractors, Inc., in the amount of $2,000 for installation of the cable. Chairman Lyons felt certain that we will need another courtroom in the future and asked if this cable would have enough spare capacity to handle the additional load. Mr. Hylton advised that capacity would be sufficient for 2-3 years, depending on how the courthouse is expanded. This money was not included in their capital budget and would have to come out of contingencies. Commissioner Wodtke, Chairman of the Data Processing Committee, advised that the Committee expects to receive the consultant's report within 2 or 3 weeks, and asked if Mr. Hylton has.had the opportunity to work with the consultant on whether these dollars should be incorporated into whatever our final data processing needs and plan might be. Mr. Hylton explained he has talked with the consultant on only one occasion, but the only way these cables would not be of value would be if the entire program was scrapped. He did not anticipate that would happen as it would involve a tremendous amount of money. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the following budget transfer for the purchase of computer cabling :from the Administration Building to the Courthouse and the Courthouse Annex. 17 O V2 1985 - BOOK 62 FAcE x:39 N O V 2 7 1985 Boa -2 PAGE $ Commissioner Wodtke again requested that in the -future all proposed budget amendments show the balance left in contingencies. TO: Board of County Commissioners DATE: November 27, 1985 FILE: FROM: Joseph A. Baird OMB Director SUBJECT: Budget Amendment REFERENCES: Funds for Clerk to run cable in building - $6,300.00 The $6,300.00 to have cable installed at the Courthouse should be transferred from: Federal Revenue Contingencies, 102-199-581-99.9.1 to Other Building Improvements, 102-220-519-66.39 Balance in Reserve for Contingency $139,584 - as of 12/12/85 BEACH AERIAL SURVEY PROPOSAL The Board reviewed the following memo dated 11/19/85: TO: Board of County DATE. FILE: Commissioners November 19, 1985 THRU: Michael. Wright Administrator SUBJECT: Proposalach rial survey FROM: „� REFERENCES: .S. Tomm Thomas ntergovernmental Relations ni Enclosed is project MEMO #6 and project MEMO #8 from Cubit Engineering Limited dated November 6th and November 14th, 1985. The Beach Restoration and Preservation Committee has recommended that the amount of $28,766 in MEMO #8 dated November 14th, 1985 be considered for approval. The amount of $18,521 shown in MEMO #6 of November 6th, 1985 is incorrect. 18 Intergovernmental Relations Director Tommy Thomas explained that after the original letter was sent in, we received the following memo from Dave Jones, County surveyor, and as he understood it, $8500 could be eliminated for the horizontal and vertical control survey. TO: JIM DAVIS P E. C PUBIC WORKS DIRECTOR FROM: DAVID JON PT S,1\P.L.S. COUNTY SURVEYOR SATE: NOVEMBER 18 , 19 F� -�16, cell �O SUBJECT: c� � L 9 UBIT ENGINEERING LTD. BUDGET ADJUSTMENTS REFERENCES: ATTACHED LETTER lj D.N.R. has permanent monuments along State Road A -1-A with both Horizontal and Vertical Control established, each of these monuments has two reference monuments and are tied into the State Plane Coordinate System; therefore, I don't see the need for additional mon- umentation. 2) The ground control can be accomplished by staff. Commissioner Wodtke, Chairman of the Beach Restoration and Preservation Committee, reported that when the Committee looked at the final work requirements after the contract with Cubit Engineering had been negotiated, one of the questions raised was j the scale of the aerials, and the Committee asked Cubit to come up with a price on a 111:100' scale, which would give us twice as many maps. In order to get a full view of the Sebastian Inlet and the cause and effect of shifting winds, it was felt it was necessary to go a little bit further north into Brevard County. When Cubit Engineering met with the Beach Committee, they presented the following beach survey options: 19 NOV 2.7 1985ox UE TABLE 1 BOOB PAGE842 Aerial Survey Specifications and Estimated Costs Mapping Scale 1:100 Coverage of Survey a) State Road AlA to Atlantic Ocean from one half mile north of Brevard - Indian River County Line b) All Round Island County Park land west of State Road AlA Elevation Contour Interval 1 foot Horizontal Control Florida State Plane Coordinate system 2nd order survey accuracy Vertical Control National Geodetic vertical datum 3rd order survey accuracy Map Quality Type Final drafted sheet Aerial Photography Cost $ 1,385 Horizontal and Vertical Control 8,500 Survey Cost Compilation of Topographic maps (East of SR AlA) 23 line miles @ $1,225.00/mile = 28,175 Compilation of topographic maps (Round Island County Park west of SR AIA) 83 acres @ $8.50/acre = 706 TOTAL ESTIMATED SURVEY COST $ 38,766 Reallocation of funds in existing budget (10,000) Additional Budget Authorization Required $ 28,766 aaaaaaaa.a= Committee Wodtke asked if the 1:100 scale was worth the extra $14,000 and if the maps would be utilized by the County for other uses than just beach restoration. Public Works Director James Davis felt there would be a benefit in going with the 1:100 scale. When the City and County participated in the joint drainage study in 1980-1981, all of that photogrammetry was flown at 1:100 scale, and those aerials would complement these aerial contour maps, giving us a complete 20 section of aerials for -the county's entire coastline. In addition, when we get into the new Save our Coast properties, this would reduce our survey time on all those parcels. Dave Jones and his survey crew feel they can tackle the horizontal and vertical control survey, which would save $8500 and reduce the total cost to $20,266. Chairman Lyons felt this was a golden opportunity because these contour maps are invaluable in site plan review , etc., but suggested we do the west side of AIA also, which would give us maps of the entire barrier island. Administrator Wright added that just the cost of doing the topography at Round Island was $700. Director Davis felt that since we already have maps for the incorporated part of the barrier island, he did not feel that doing the river side of Castaway Cove and the Moorings would be of any benefit at this stage of the game. However, we could consider doing that area north of Indian River Shores. Chairman Lyons suggested that the extra cost could come out of the Road & Bridge accounts. Commissioner Wodtke didn't know if we could include that in the beach erosion contract with Cubit Engineering. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized going ahead with the additional work as outlined in the above memo authorized staff to take the horizontal and vertical control survey out of the contract and do the survey in-house; and requested staff to bring a proposal back to the Board for expanding the scope of services, either through the existing contract or separate and apart, with the cost to come out of Federal Revenue Sharing which funded the original project. 21 BOOK 62 Fai;E 8131 Dov 2 1995 BOOK PURCHASE OF COPY MACHINE FOR CIRCUIT JUDGES' OFFICE 62.acEr The Board reviewed the following letter dated 11/22/85: 1 *ate of Alvr� -- - _ F>rxtefmdh Jubi" 49ix t November 22, 1985 Mr. Michael Wright County Administrator 1840 - 25th Street Vero Beach, Florida 32960 Dear Mr. Wright: It is our understanding that the copy machine for the circuit judges was not approved f o -r the 1985-86 budget. For the last two years we have requested a new copier, indicating in our letter to Jeffrey Barton, copies of which are attached, that this machine was desparately needed. The machine we have now is seven years old and we are now making - six times the copies per month that we were making when the machine was purchased. Service calls are more frequent which reduces the efficiency of our office. In the past two years the drum in our machine (which is not covered by the service policy, at a cost of approximately $350.00) has been replaced three times and we now must replace it again. At this writing we have been without a copier for the past three days. We have been using the clerk's machine which, of course takes our assistants away from their desks and work. Our machine is also used by the clerks, bailiffs, etc., when court is in session for obvious reasons. We cannot work under these conditions and feel we must have a new copier so the office and the courts may run smoothly and efficiently. Attached is a letter from the serviceman who has been servicing our machines for many years and it is his recommendation that we purchase a new machine. He is not a salesman. . We would like the County Commissioners to purchase a new copier for the circuit judges, specifically the Savin Model 7040, with automatic feed as soon as possible. If the funds cannot be found within our budget we would like you to purchase this machine from the Court Facilities Fund. We do not want the used machine as suggested by Mr. Joe Baird as we feel we will have the same problems and inefficiency created by our present machine. Yours truly, ",o�t "x,_� - Charles 9. Smith, Circuit Judge 22 �. L.B. Vocelle, Circuit Judge Circuit Judge L. B. Vocelle explained the dire need for a new copy machine and noted that funds are available in the Court Facilities Fund. He recommended the purchase of a Savin Model 7040 at a total price of $3,895, to be purchased through the State contract with the funds to come out of the State Facilities Fund. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the following budget amendment for the purchase of a Model 707 Savin Copier in the amount of $3,895, to be purchased through the State contract with the monies to come out of the State Facilities Fund. TO: Board of County Commissioners DATE: November 27, 1985 FILE: FROM: Joseph A. Baird OMB Director Funds for Copier for Judge Smith SUBJECT: Budget Amendment REFERENCES: The $3,895.00 to purchase the copier should be transferred from General Fund Contingencies, 001,199-58.1-99.91 to Office Furniture and Equipment, 001401-516-66.41 Balance in Reserve for Contingency $330,015 - as of 12/12/85 JAB/ew 23 OV 2 7 1985 'BOOK RESIDENTIAL SUBSTANCE ABUSE PROGRAM BbOK 62- F,1U-E 8 16 The Board reviewed the following,memo dated 11/20/85: TO: DATE: FILE: BOARD OF COUNTY COMMISSIONERS November 20, 1985 SUBJECT: RESIDENTIAL SUBSTANCE ABUSE PROGRAM R FROMBruce Barkett * 40 -_ REFERENCES: Asst. County Attorney Attached please find the Resolution concerning conveyance of the old jail site for use as a residential substance abuse treatment program and a corresponding Quit -Claim Deed. Please note the Reversionary Clause and the Reservation of Use Clause on the Quit -Claim Deed, which are included to best protect the County's interests. Attorney Vitunac preferred not to deliver the quit -claim deed until we are out of the old jail, but noted we have been told that they need an indication now that we are giving them the old jail site so that their funding proposals can be made to the State. Commissioner Wodtke was concerned about deeding this property over to the Mental Health Center before their funding is in place. Assistant County Attorney Bruce Barkett reviewed the following reverter provisions in the quit -claim deed: 1) If the property is ever sold or used for any purpose other than public purposes. 2) In the event that the Mental Health Center is not funded for any given year. Attorney Barkett pointed out that the County owns an entire quarter section and has leased and conveyed portions of it. This -deed just conveys the old jail site less the ambulance station, 24 and the County will be able to use any portion that is not being used, as long as it does not interfere with the operation of the residential treatment facility. Administrator Wright believed we are deeding them approxi- mately 5 acres, but Director Davis thought it was less than 5 acres. Commissioner Scurlock felt it is the intent of the Commission to deed the building and sufficient land around the building for parking, etc., and then if there is a need in the future to expand the facility, the Board would address it at that time. Chairman Lyons wished to see a map of the property and Attorney Vitunac suggested that a map be sent to all the Commissioners and staff, and if there are any problems, revisit the issue; otherwise we will keep the deed in escrow until we vacate the jail. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board authorize the execution of the quit -claim which is to be held in escrow and not to be delivered or recorded as yet; a map of the'site to be prepared, and if it includes more land than the Board wishes to give away, it will be brought back to the Board. Under discussion, Commissioner Wodtke felt that while he did not want to set Indian River County as a priority, he wanted to be sure that residents in our county wifl receive treatment since we are providing the facilities. Attorney Barkett advised that Commissioner Bowman had suggested a change in the reversion of use clause so that we are only required.to maintain the facilities we are using. Where it states: "As well as any structures or facilities thereon", delete "thereon" and replace it with "used by it." 25 NOV 2 7 1985 _ BOOK 62 FAGE S47 NOV 2 7 1985 BOOK 62 FnUE �L THE CHAIRMAN CALLED FOR THE QUESTION. The Motion, with the inclusion of the amendment to the quit -claim deed was voted on and carried unanimously. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board adopted Resolution 85-132 conveying certain property known as the "old jail site" to Indian River Community Health Center,. Inc. for use as a residential substance abuse treatment program center. 26 r d RESOLUTION NO. 85-132 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO CONVEY CERTAIN PROPERTY KNOWN AS THE "OLD JAIL SITE" TO INDIAN RIVER COMMUNITY HEALTH CENTER, INC. FOR USE AS A_. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM CENTER WHEREAS, Indian River County, Florida is the owner of certain land in the County known as "The Old Jail Site"; and WHEREAS, substance abuse is a serious problem, and can seriously impair health and lead to chronic and habitual illness and disease; and WHEREAS, individuals with severe substance abuse problems and in need of residential treatment currently must leave their communities in order to have access to such services; and WHEREAS, the current absence of a residential substance abuse treatment facility within Indian River County is a serious deterrent to appropriate treatment for persons in need of a residential substance abuse treatment program; and WHEREAS, it is desirable in order to provide for the health, welfare and general good of the citizens of Indian River County that a residential substance abuse treatment program be made available within Indian River County; and WHEREAS, it is the desire of the local officials, judges, State Attorney and Public Defender that such a program be established; and WHEREAS, Indian River Community Mental Health Center, Inc., is qualified to establish and operate a residential substance abuse program and has submitted a proposal to operate such a program in accordance with appropriate Florida Statutes and Rules, including Chapters 396 and 397, Florida Statutes and Rule Chapters 10E-3, 10E-7 and 10E-14, Florida Administrative Code; NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. Will convey by Quit -Claim Deed the property known as "The Old Jail Site", to be more particularly described in the conveying instrument, to the Indian River Community Mental Health Center, Inc., to establish and operate a residential substance abuse treatment program; -1- NO OV 2.7-198t5l .. ... 2 F,,1GE 84 F7 .^I � I I - . -7 NOV 27 _ 1985 DOK FAGE B� RESOLUTION NO. 85-132 e 2. Requests the Secretary of the Florida Department of Health and Rehabilitative Services to -.include in his legislative budget request appropriate funding for the establishment and operation of said residential substance abuse treatment program by' - Indian River Community Mental Health Center, Inc.; and 3. Requests the Governor to include in his recommended budget for the state appropriate funding for said program. BE IT FURTHER RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA hereby authorizes that this resolution be forwarded to the Governor of Florida, the Secretary of the Florida Department of Health and Rehabilitative Services, and to the Indian River County legislative delegation. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Bowman 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 thereupon declared the resolution duly passed and adopted this 27th day of November , 1985. BOARD TY COMMISSIONERS OF T,96IAN RIVER COUNTY, FLORIDA Attest:,-; Z FREDA WRIGHT Clerk APPROVED AS TO FORM AND LEGAL FIC Y By BRUCE BARKETT Assistant County Attorney -2- P. rman QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this day of , A.D., 1986, by INDIAN RIVER COUNTY, a political ubdivision of the State of Florida, whose post _office ddress is 1840 25th Street, Vero Beach, Florida 32960, first arty, to INDIAN RIVER COMMUNITY HEALTH CENTER, INC., a on -profit corporation existing under... the laws of the State f Florida, whose mailing address is 800 Avenue H, Fort ierce, Florida 33450, second party: WITNESSETH: That said first pa?ty, for and in consideration of he sum of TEN DOLLARS ($10.00) DOLLARS in hand paid by the econd party, the receipt of which is hereby acknowledged, oes hereby remise, release, and quit claim subject to the eversionary Clause and Reservation set forth below unto said econd party forever, all the right; title, interest, claim, nd demand which the said first party has in and to the ollowing described lot, piece or parcel of land, situate, ying and being in the County of Indian River, State of lorida, to wit: LEGAL DESCRIPTION A parcel of land lying in the southeast quarter (1/4) ofSection 2, Township 33 South, Range 39 East, Indian River County, Florida, described as follows: Begin at a point on the west right-of-way line of 17th Avenue 788.50 feet north of the south line of said Section 2, said 788.50 feet being measured along said West right-of-way line of 17th Avenue; thence N 89022100" W (for the purpose of this description the West right-of-way line of 17th Avenue is assumed to bear S 0056145" W), a distance of 310.00 feet, thence N 056'45"E, a distance of 343.64 feet; thence, S 89°22'00" E a distance of 165.00 feet; thence N 056145" E, a distance of 27.50 feet; thence S 89°22'00" E a distance of 145 feet, to the aforementioned west right-of-way line of 17th Avenue; thence S 0°56145" W, a distance of 371.14 feet to the point of beginning. REVERSIONARY CLAUSE: This property shall auto- tically revert to the ownership of the first party if: 1. The property is ever sold or used for other than public purposes; or 2. The party of the second part (a) ceases to exist as a non-profit corporation, or (b) is not funded for any given year, or (c) fails to complete necessary renovations and to begin operation of a residential substance abuse treatment program in accordance with applicable Florida Statutes and Regulations within one year of the date of this deed, or (d) fails to operate as a functioning residential substance abuse program for a continuous period exceeding ninety (90) days, exclusive of service interruptions caused by fire, windstorm or other casualty, or 0 ti 07 T At 9005 . y FADE �� book 62 PAGE 852 1985- (e) fails to make its .documents, papers, letters, books, tapes, photographs, films, sound recordings, or other material, regardless of physical form or characteristics, -available for inspection and examination, pursuant to Chapter 119, Florida Statutes. ESERVATION OF USE: The party of the first part hereby eserves the following rights and interests: 1. To use for public purposes any portions of the demised premises not in use by the party of the second part, subject to the following: 4 (a) The use by party of the first part shall no unreasonably interfere with the then existing uses of other portions of the property by the party of the second part. (b) Party of the first part shall give party of the second part reasonable advance notice of its intention to use any portion of the property. (c) Party of the f irst part shall at its own expense maintain any portions of the property used by it, as well as any structures or facilities used by it. TO HAVE AND TO HOLD _the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or in equity, to the only proper use and benefit of the second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents to be signed and sealed the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY v) t rte►► Bruce Barkett Assistant County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER.COUNTY,.FLORIDA DON C. SCURLOCK, JR. Chairman (SEAL) Attest Freda Wright, Clerk I HEREBY CERTIFY that on this day, before me, an office duly authorized in the State and County aforesaid to take acknowledgements, personally appeared DON C. SCURLOCKp JR. and FREDA WRIGHT, Chairman and Clerk, respectively, to me known to be the persons described in and who executed the -foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this day of.. . , 1986. -2- M NOTARY PUBLIC My Commission Expires: M CHANGE IN VOTING DISTRICTS - BOARD OF COUNTY COMMISSIONERS The Board reviewed the following memo dated 9/10/85: TO: Ann Robinson DATE: September 10, 1985 FILE: Supervisor of Elections SUBJECT: 1985 POPULATION ESTIMATES BY ELECTION PRECINCT FROM: R chard M. Shearer, AICeREFERENCES: 1985 Popul. /Estimate Chief, Long -Range PlInning RICH2 As per you request of August 23, 1985, regarding the current population by precinct, the following are estimates of population by precinct as of April 1, 1985: Population Precinct Estimate 10' 1,883 11 2,027 -12 5,495 13 4,413 —14. 5,351 20 2,347 21 1,914 22 457 23 2,847 24 2,775 30 2,416 31 3,310 32 675 33 3,099 34 1,786 35 225 36 1,763 40 749 41 2,006 42 3,644 43 5,323 44 3,103 45 2,050 50 2,288 i. 51 2,711 52 2,456 53 3,307 54 3,093 55 2,021 County Total 75',,534 29 NOV,2 7.1985 BOOK �. FAGE 853 OV 2.7 1985 BOOK 62 FAcF 854 These estimates are based' on assigning population to the precincts from 70 Traffic Analysis Zones (TAZs). The TAZs contain population and housing estimates and projections for 1985 through 2005. These population figures are being used by all of the County's consultants who are developing long-range plans for the County's transportation system, water supply, and wastewater facilities. The following precincts are expected to see rapid growth in the near future: 12, 14, 32, and' 36. Precincts which are expected to experience moderate growth include 10, 13, 24, 33, 42, 43, 52, 54 and 55. Attorney Vitunac explained that Chapter 124 of the Florida Statutes states that from time to time, the Board of County Commissioners shall fix the boundaries of the five districts so as to keep them as nearly equal in proportion to population as possible, and shall enter into its minutes an accurate description of the boundaries of such districts, as changed, and publish a certified copy in a local newspaper once each week for 4 consecutive weeks. He advised that the Planning Department has prepared population estimates to be used for redistricting voting precincts in Indian River County. Referring to the following map of the proposed redistricting, he showed that by deleting precinct #14 from District 1 and adding it to District #2 as precinct #25, it would make the five districts almost equal in population. He explained that today is the last possible deadline for approval of the redistricting; otherwise, any change would have to wait until 1987. 30 M INDIAN RIVER COUNT) L16"G GRA FLORIDA 4b MEMO p ;or f 2 Oh a, 10 2.. \TOWN W4 -r_., 'NDIAN sla S?tb- ST �1: _'ZL_ 63rd 3 T --to-- - 9r 1 I 6T r �, i 7 ••� 4.9 1.9 10 pf 26 ly 13 lit 1;r, 7;. \t F•s--•�+• ° i'_.! � 6 - - --•----"' `��2'• .. P�;•1 I NOE 39 31 Nov 2 71985 BOOK 62 PAGE 855 N 0 V 2 7 198 BOOK 62 Ann Robinson, Supervisor of Elections, explained that the proposed redistricting is based on population and would put the districts within plus or minus 12%. Commissioner Wodtke asked if this would affect the School Board districts, and Supervisor Robinson explained that the School Board districts do not follow the same boundaries as the Board of County Commissioner districts. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, that the Board approve the proposed change in boundaries of Districts 1 and 2, to -wit: Precinct 14 to be deleted from District 1 and added to District 2 as renumbered Precinct 25; the accurate boundary description to be placed in the Minutes of today's meeting and the map of the area, as changed, be published in the newspaper 4 times. Chairman Lyons suggested that Attorney Vitunac check to see if existing Districts 1 and 2 should be shown, and Attorney Vitunac believed that the revised map showing the changes would be sufficient to comply with the requirement of a boundary description. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. MAP SHOWING THE REVISED DISTRICTS IS ON FILE IN THE OFFICE OF THE CLERK AND THE OFFICE OF THE SUPERVISOR OF ELECTIONS 32 SCHEDULING OF PUBLIC HEARINGS FOR ZONING CONVERSIONS ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously scheduled two public hearings on a zoning conversion ordinance for non-residential districts: January 14, 1985 at 7:15 P.M. and January 28, 1985, at 7:15 P.M. BREEZY VILLAGE REQUEST TO CREATE RECREATION DISTRICT The Board reviewed the following letter dated 11/18/85: BREEZY VILLAGE HOME OWNERS ASSN. INC. P.O. BOX 365 SEBASTIAN, FLORIDA 32958 November 18, 1985 The Honorable Members of The Board Of County Commissioners Indian River County, Florida 1840 25th Street Vero Beach Florida 32960 Dear Members: The electors of Breezy Village Mobile Home Park, through the Breezy Village Home Owners Association, Inc., request to be placed on the agenda of the 27th of November, 1985 (preferred) or the 4th of December, 1985 meeting of the County Commissioners. The electors of Breezy Village have, through a signed petition by a large majority, as provided by F.S. chapter 418 Recreation, and more specific 418.30, made known their desire to create a mobile home park recreation district within the boundaries of said mobile home park. It is,im erative that a resolution creating the recreation district be approved and recorded in the County Clerk's Office no later than December 31, 1985 in order to set in place the required provisions under chapter 418.302 in 1986 and be in operation in the year 1987. The representatives of Breezy Village have been in contact with Mr. Charles P. Vitunac, County Attorney. Mr. Vitunac is aware of our intent, the requirements and timetable. Very truly yours, Bruce E. Bonnell, President Breezy Village Home Owners Assocn.,Inc. 33 N O V 2 7,1985 -BOOK 62 RAW. Nov 2 7 1985 soa . 62, Pnq' � Attorney Vitunac explained that the residents of Breezy Village wish to create a mobile home park recreation district pursuant- to Chapter 418 of Florida law, which allows mobile home parks to form this district for the purposes of buying out the common areas and recreation areas by a special assessment equally placed against each mobile home lot. The residents of Breezy Village have asked for this opportunity to ask the Board's permission to have the Legal Department draw up an -ordinance for presentation to the Board on December 18, 1985. No referendum is required since they have a petition signed by a majority of the registered voters in the district. All that would be required is the adoption of an ordinance by the County and then in March, 1986, an election would be held for the Board of Trustees of the district. The trustees would establish a budget just like any other special district and the Tax Collector would collect the assessments. There is no County involvement other than creating the district. Commissioner Scurlock wanted the County to extend notice to each resident in the park just to make sure that all the residents are aware that the ordinance is to be considered on December 18th and have the opportunity to offer public input, rather than just the typical notice on the back page of the newspaper which may or may not be read. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, that the Board authorize the County Attorney to draw up an ordinance and notify all the residents and owners of Breezy Village of the Public Hearing scheduled for December 18, 1985 for the purpose of adopting an ordinance creating a recreational district in the mobile home park. Under discussion, Eric Pollard, representing Breezy Village Home Owners Association, Inc., advised that the residents do own 34 the land, but they do not own the common property which includes the recreation hall and the swimming pool. He believed the notification letters should go to the electors, because under Chapter 14 only the electors are eligible to sign a petition to vote in the election of the trustees on any of the provisions for acquisition of property. Commissioner Bird asked the difference between electors and residents, and Mr. Pollard explained that some residents live six months of the year in other states and are not registered to vote in this county. They have a petition signed by an overwhelming majority of the electors. Of the 115 owners in the park, 78 are electors. Commissioner Wodtke wanted it made'clear that this special taxing district will be under the total control of the electors themselves and that the Board of County Commissioners is not the entity to set the millage or determine how the money is to be spent. Commissioner Scurlock asked what impact, if any, this would place on the park's utilities operation, and -Mr. Pollard believed there would be no impact because the owner's utility department is a separate, profit-making operation. He explained that one of the reasons the electors want to go to a special taxing district is to get away from the developer having anything to do within the boundaries of Phase I and the only way to do that is to buy the property. Commissioner Wodtke asked if the monies collected for this district would be considered ad valorem taxes, and Attorney. Vitunac advised that this is a special"a'ssessment tax, not an ad F valorem tax, and would not be deductible. He pointed out that presently the residents are paying a similar monthly fee which goes to the developer and is not deductible either. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 35 BOOK 62 NOV 2 7 1995 PRESENTATION BY GOLF COURSE ARCHITECT BOOK82. frti-UE 8,50 Commissioner Bird called out the -members present from the Golf Course Feasibility Study Committee: Bud Morrison, Dick Schuler, Jerry Ashcraft, Ruth Mead, Ron Fanaro and Vic Lunka. Commissioner Bird asked that a minute of silence be observed in the memory of Remsen Walker, a very prominent member of this committee, who passed away on November 10, 1985. Commissioner Bird explained that one of the primary reasons the Committee recommended Ron Garl to design the golf course is his professional ability to work with nature and the natural amenities of a piece of property and create a beautiful and 36 L t.,.:.. IN MEMORY OF q REMSEN WESLEY WALKER* DATE OF BIRTH 'tl AUGUST 18, 1916 KINGSTON, NEW YORK DATE OF DEATH NOVEMBER 10, 1985 = VERO BEACH FLORIDA `lfw Lore u my shepherd: Vis. Y 1 J shall not want. .� TIME AND PLACE OF SERVICE He maketh me to he down in green. MEMORIAL SERVICE pastures: he leadeth me beside the stili 10:00 A.M., THURSDAY waters. NOVEMBER 14, 1985 ?{e restoreth my send. he leadah FIRST PRESBYTERIAN CHURCH me in the paths of righteousness for his VERO BEACH, FLORIDA names sake. `lea, though J walk through the OFFICIATING vaffey of the shadmv of death, J wiff fear no DR. FRED W. MCCL ELLAN evil: for thou art with me; thy rod and thy PASTOR staff they comfort me. 'Thou preparest a table before me in DISPOSITION the presence of mine enemies: thou anointest CREMATION my head with oil: my cup runneth mer. surety goodness and merry sW follow me aff the dm's of my fife: and J will dwelt in the house of the Lord for ever. Tsafm 23 Commissioner Bird explained that one of the primary reasons the Committee recommended Ron Garl to design the golf course is his professional ability to work with nature and the natural amenities of a piece of property and create a beautiful and 36 challenging golf course for players of many different abilities. He reported that the members of the Committee received the architect's presentation earlier this morning and unanimously applauded and endorsed the preliminary design for Sandridge Golf Course at Kiwanis-Hobart Park. He introduced Ron Garl and his associate, Bruce Shelton. Mr. Gar[ thanked the members of the Golf Course Feasibility Study Committee for their cooperation, time and input. Referring to the preliminary plan, he pointed out that the site is 270 acres in size and has 4 existing lakes. The design calls for 3 nine hole courses, or a 27 -hole complex, which plays out of one clubhouse location. The entrance to the clubhouse will be off of Kings Highway. Mr. Garl emphasized that in designing the course, they were very sensitive to the environmental aspects. The two major canals on the site will be left natural and crossed in three places. The existing lakes in the sand dunes will be left 85% intact. Out in the sand dunes, there is actually very little vegetation, and the pine woods in the lower part of the course will blend into the design of the course. Mr. Garl reported that they are well on their way for permitting with the St. Johns River Water Management District. Commissioner Scurlock noted that the golf course will be watered with effluent from the County Utilities Dept, and Mr. Garl explained that they did not anticipate any new wells being dug and water will be taken from the lakes on a temporary basis until the sewer system is in operation. Commissioner Bowman pointed out that when the Hobart family. landmined that area they took all the good stuff out and that is the reason nothing will grow on top of the sand ridge except red grass. She cautioned that if the whole area is fed with effluent it would run down into the lakes and eventually go into the shallow aquifer. Mr. Garl believed the effluent would never reach the lakes because that type of sand percolates to such a high degree. 37 OV" 2 7 1985 BOOK 6ti PAGE C�� NOV 2 7 1995 aoatc .F2 . fK)E_ 8'j Commissioner Bird commended Ron Garl on his design of a fine course that could be maintained and managed at an affordable, economic- level. He explained that they have set up a tentative budget as to what amount of money would be needed for construction of the course, the various buildings, amenities and equipment, along with a certain amount in reserve for the 3-4 months after the course is planted, ready to play and taking in revenues. What they would like'to do, rather than borrow the money on an interim basis, is to initiate a fund-raising effort to purchase a major portion of operating supplies and equipment that will be needed. He asked the Board's permission to set up a special account to receive these tax deductible donations and noted that there already has been a pledge of $10,000 to get this fund going. The goal is to raise $200,000 between now and the time the course is ready to play. Commissioner Bird explained that he wanted to announce the fund raiser now so that any contributions can be taken off for this tax year. Bud Morrison, who will be assisting him in this endeavor, has expressed his optimism that considerable contributions will be received. Attorney Vitunac believed the donations would be tax deductible, but advised contributors to check with their tax consultant. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously approved the establishment of a special account to receive donations towards the purchase of supplies and equipment for Sandridge Golf Club. DISCUSSION ON FINANCING OF SANDRIDGE GOLF CLUB Commissioner Scurlock pointed out that the Golf Course Committee has been working very closely with the Finance Committee and staff to find the best options for financing the course, and Art Diamond of M. G. Lewis, financial consultants, is 38 I_ I here today with their recommendation. He explained that there has been some modification from the original proposal that was approved jointly by both committees. He, Mr. Diamond and Commissioner Bird went back and considered some other available options to fund this golf course adequately, keeping in mind that the goal of this Commission is to have the golf course self supporting. Basically, they went back and restructured it using a 5 -year bond anticipation note (BAN) with a 25 -year permanent financing put in place. He explained in depth the following cash flow chart that he and OMB Director Joe Baird had taken two weeks to prepare. He noted that this chart comes very close to the figures Mr. Diamond has run. Since he had some concern over the 60,000 rounds of play projected, this cash flow analysis is sort of a worse -case scenario, but it does identify this to be an acceptable activity which will not have to be subsidized. He noted that the chart shows that $300,000 will be paid directly to this activity from the Utilities Dept for an effluent disposal capability and makes the assumption that Commissioner Bird will raise the best part of the $200,000 for equipment and supplies. GOLF COURSE CONSTRUCTION COSTS November 22, 1985 Architect Site Work Construction of Golf Course (Irrigation - $250,000) Clubhouse Maintenance Building Golf Cart Equipment Building Equipment Growing Costs (Seed Money) Contingency TOTAL COST Less Utility Contribution Net Amount Borrowed 39 $ 110,000' 85,000 1,300,000 250,000 100,000 75,000 200,000 175,000 55,000 2,350,000 250,000 2,100,000 NOV2 71985 BOCK 62 FAU-L 83"01 BDOK 62 PAGE Go tuo r— iNA`. NUM$CR5 _ 3�Ycp*--._. h rp .S7K YC'I GTh rF-A ---- - CQ/vsr��.ctl $Axo_oti $q•ss: a oM ho13tis�u rs - , _-jggtc6Gb,Opo �ca.I__ 4:L�c 70.l�ct vlf' IQVI.131 i ;3�� 1 :33 69? I poi; k33�64?. !7 l`t,' �� _ iIUIJG� ANCAoo i p0 i 1- l5i iaS coi CP _ 1/0A,I66:D7 oavco �I`' np /opoo1:5 3ao/ t��6" 096oo !aI7 �a 1 c coti�,c .1�15,�►• !!tG�t!�0115 015�,.$3a� ,ai6315301 d7i,� g4 9 'Clu lag 0 --- C Ae Es P� •.a -, ��' do 6$Q /ala?O. o j��f»►til.�_ti'iILE.C�IF. � � __ 109 I�'r goo � �oo ,-ioo Do, O NEIZ_ Ex sE _./6500'°/$t/(cic�� _I4 18.33 So - Al NSV�9f• 1 Q0� _ Zp _ I !/mow Oro o 71 poc) Qo �; 33�© oI ;rw: i04 i; PROFIT ,p"�Y�s(g�) '�%o' r I�, i 1 ; ► ,- '. - 'na _. y a � i � i $Ql4lo is IGS o*b-: an�� 4-4:11 ccal* j•- -1-Q.: ..� O 4 L —1Li .; 40 Commissioner Scurlock did not anticipate these numbers to change much over 7 years, except for the rounds of.play and the fee charges; however, this structure gives us the ability to raise the cost of green fees, etc. He felt we will have to monitor the play fee closely to make sure that we are not driving away players. Mr. Diamond explained the following assumptions that he used independent of Commissioner Scurlock's figures to come up with a financing structure that is realistic in view of today's market environment: 1) $2.1 million would have to be borrowed for construction. 2) Net revenues after six years of borrowing the money would approximate $333,288. 3) The method of borrowing would be a private placement at an anticipated fixed rate of 7 3/4% for a 5 -year BAN with financing after 5 years at 110 on a 25 -year bond issue. Mr. Diamond also assumed that the County will borrow sufficient money over 30 years to pay interest, because this is a start-up operation. Mr. Diamond recommended private placement because of the following advantages 1) If we run into difficulties along the line, we would be able to sit down and negotiate with one entity. 2) We would have the ability to amend the underlying document/ resolution. 3) There is no need, unless the institution requires it, for the County to rate the notes in any way since the County is considered a sophisticated investor. 4) Issuing costs are somewhat less. 5) Some structure can be cut during initial negotiation with the lending institution. Commissioner Bird understood that the BANS will give us the option of interim financing for the project and we can at some 41 NOV 7 1985 BOOK ID2 fAc-L 8 r NOV 2 11985 BOOK 62 FAGE 8 point, when the percentage rates seem favorable, go to a 25 -year permanent bond issue. Commissioner Wodtke asked if they would be tax exempt issues providing that will still be allowed in the future, and Mr. Diamond confirmed they would be tax exempt. Considerable discussion ensued regarding the number of rounds of play anticipated in these figures, and Commissioner Scurlock reported that he checked with the Sebastian course and they have had 51,000 rounds played this past year. He wanted to make sure that it is understood that we are not doing anything detrimental to the Sebastian course, which is also a public course and part of the county. Commissioner Bird pointed out that golfers don't mind driving 50, 75 or 100 miles to play a good course, and he felt that is exactly what we are going to have here. �- - Commissioner Ly -ons j us_t wanted to be sure that we have ample revenue and asked what assumptions were used in the cost of a round of golf because the last time he played golf was 1935. OMB Director Joe Baird believed we are trying to give some latitude in setting the rates, but Chairman Lyons felt we should charge a sufficient rate so that we will be assured of having enough monies so that we don't have an negative impact. He suggested finding out just how much is too much for the market here and then charge a little bit less than that. Commissioner Wodtke felt we should look at the entire picture and consider what funds will be generated by the total facility. Director Baird stressed that these are just feasibility figures, but after the actual cost of construction is known, we could consider raising the fees. Commissioner Scurlock agreed that today is not the time to raise the fee structure and that it would be better to wait until certain variables are known such as construction costs and interest rates. 42 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board accept the recommendation from M.G. Lewis of a 5 -year BAN on $2.1 million and authorize staff to proceed with the private placement, retaining the flexibility to go to a public bond issue. Mr. Diamond emphasized that it has to be done during December, and Commissioner Scurlock felt we certainly need to have the money in the coffers by February 1, 1986. Commissioner Scurlock understood that this was all predicated on the fact that there is no deed restriction or any requirements to prohibit the County from using the property for a public golf course or reserving effluent disposal capability. Commissioner Bird advised that he had former County Attorney Gary Brandenburg check into that, and apparently, there are no restrictions. ' Chairman Lyons stated that he would go along with the BAN, even though he still felt we should face it up front and have sufficient monies to start with. Vic Lunka was fully confident that this was one of the nicest things this County could do for its residents. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Commissioner Bird believed that. we need to get started on the design of some of the buildings connected with the golf course, such as the clubhouse, the electric cart storage building, and the maintenance building. He reported that Charles Block, AIA, has made an offer to donate his architectural services for the preliminary design of the clubhouse and other buildings and take the plans up to the point of construction drawings where we would go to competitive bidding. Commissioner 43 BOOK 62 PAGE'851 L..._�V 2 7-119,85 _ Nov 2 1995 p BOOK 62 Bird felt it would be very helpful if -we could work with a local architect to check out other clubhouses in the area and that we need to do this on a preliminary basis until we know the final constructions costs, which should be in 60 days or so. Commissioner Scurlock believed that might be a bit premature since we have not decided yet what kind of services or operation we will have out there. We may choose to have an outside firm operate the facility for us and they may have their own ideas as to design and layout and come in with a proposal to construct the facility and enter into a long term lease with some percentage of gross coming back to the County. Commissioner Bird just felt that time is getting away from us and that we should be moving ahead, even though it might be a waste of Mr. Block.'s time. Chairman Lyons suggested that we advertise for proposals on both a County -operated clubhouse and an outside managed clubhouse and then sit down and analyze the difference. Administrator Wright advised that staff will bring a recommendation to the Board sometime in January, after more of the variables are known. Chairman Lyons felt there was a lot going on that should come back to the Commission, and Administrator Wright assured him it will be brought back to the Board. Chairman Lyons and Commissioner Bowman agreed with Commissioner Scurlock about not having Mr. Block go ahead with the preliminary plans before knowing all the variables and without any other architects having the opportunity to participate, but Commissioner Bird and Commissioner Wodtke were in favor of it. Chairman Lyons suggested that we not hire an architect today, but prepare a list of what has to be done and when, and then attack the items on an orderly basis, and the Commissioners indicated their unanimous agreement to that approach. 44 THANKSGIVING DAY GOOD WISHES Commissioner Wodtke wished to have the Minutes express the Board's appreciation for the dedication of all Indian River County employees. DOCUMENTS TO BE MADE PART QF THE RECORD Agreement with Cecil P. Beach, Library Consultant, approved October 16, 1985, is hereby made a part of the Minutes, as follows: 45 �9 2 7 NOV 27 1985 BoaK FKjE 870 - AGREEMENT THIS AGREEMENT, made and entered into this 16th day of October , 1985, by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, (hereinafter referred to as "the Client") and CECIL P. BEACH, Library Consultant of Fort Lauderdale, Florida (hereinafter referred to as "the Consultant"): WHEREAS, pursuant to the terms and conditions of this Agreement, the Client desires to engage the Consultant, and the Consultant desires to be engaged by the Client, to render technical and professional services described hereinafter; NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, it is agreed by and between the Client and the Consultant as follows: 1. Services to be Rendered: The Consultant hereby agrees to render and perform the following technical and professional services: a) Review data and material provided by the Indian River County Planning Department, local public libraries, and the Public Library Advisory Board. b) Visit existing public library facilities and school library facilities in Indian River County. c) Meet and consult with appropriate persons and committees, including a representative of the Division of Library Services; Department of State; Board of County Commissioners of Indian River County; and representatives of existing libraries in the County. d) Prepare a written needs assessment of library facilities and resources required to meet the objective. e) Make recommendations for organizing the library system. f) Recommend site locations and types of facilities to meet the objectives. -1- a g) Suggest a budget for operations for the next five (5) years. i h) Suggest a budget for _capital expenditures for the next five (5) years. i) Present final recommendations to the Public Library Advisory Board on or before January 8, 1986, and to the Client on or before February 28, 1986. 2. Consideration to be Paid: The Client hereby agrees to pay the Consultant a fee of $6,000 to be provided to the County by the State Library of Florida as payment to conduct a planning grant study for Indian River County. Said fee shall constitute full consideration under this agreement. 3. Payments: One check in the amount of $6,000.00. 4. Modification of Services to be' Rendered: The parties hereby agree that the Client may request that the Consultant change, add to, or delete the services that the Consultant is required to perform hereunder, provided that any such change, addition to, or deletion of said services shall be evidenced in writing, which writing shall be first approved and signed by a duly authorized representative of the Client and of the Consultant and shall set forth any additional modifications to this Agreement. 5. Public Access to Documents: The Consultant will allow public access to all documents, papers, or other materials, subject to the provisions of Chapter 119, Florida Statutes. IN,WITNESS WHEREOF, the Client has caused these presents to be executed in its name by its Chairman, and the Consultant has hereunto set his hand and sea]. TM DUPLICATE, the day and year fir Bove written. w r CE IL P. BE CH, Consultant OF .0 'TY COMMISSIONERS OF AN RI R COUNTY/ FLORIDA -2- NOV 2 1985 _ Approved as to form and legal sufficienc By _ Bruce Barkett Asst. County. Attorney BOOK PAGE 8 7 BOOK 62 FuE 87 There being no further business, on Motion duly made and seconded, the Board adjourned at 1:00 o'clock P.M. ATTEST: Cle k 48