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HomeMy WebLinkAbout3/26/1986Wednesday, March 26, 1986 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, March 26, 1986, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Margaret C. Bowman; and William C. Wodtke, Jr. Absent were Richard N. Bird, who was out of the county, and Patrick B. Lyons, Vice Chairman, who was ill. Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; OMB Director Joseph Baird; L. S. "Tommy" Thomas, Intergovernmental Relations Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order and Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested the addition of the following items to today's Agenda. 1) Proclamation - National Exchange Club Day. 2) Proclamation - Michael L. Wodtke for community service. 3) As Item K on the Consent Agenda, approval of out-of-state travel to attend the National Hurricane Conference in Houston, Texas. 4) As Item L on the Consent Agenda, confirmation of appointment of John Acor to the Regional Planning Council. 5) Request from the Sheriff's Office to equip Emergency Response Team. 6) Appointment of Commissioner to Data Processing Committee. Commissioner Wodtke requested the addition of the City of Vero Beach's recommendations for City representation on five various county committees. a , BOOK � F`' CL 98() 1986 BOOK 63 FACE 981 Administrator Wright requested the addition of right-of-way acquisition agreements for southerly extension of Indian River Boulevard. Attorney Vitunac requested the following additions: 1) Acceptance of an electricity easement to Florida Power 8 Light for the new wastewater treatment plant. 2) Amended construction contract for Sandridge Golf Club. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, Commissioners Lyons and Bird being absent, unanimously (3-0) added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of February 26, 1986. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved the Minutes of the Regular Meeting of February 26, 1986, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of March 5, 1986. Commissioner Bowman wished to clarify the Tri -County Committee Report on Page 40 by having it read: "The Committee will meet monthly on the last Thursday of the month in St. Lucie County, and there will be quarterly meetings of the general membership of the Tri -County Council of Local Governments." Chairman Scurlock noted that the minutes of the Wedgewood Park Development rezoning request refer to a 20 -acre tract in several places, and that should be corrected to 1110 -acres" to be consistent throughout pages 10-27. .11 E ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved the Minutes of the Regular Meeting of March 5, 1986, as corrected. PROCLAMATION - MICHAEL L. WODTKE Chairman Scurlock read the following proclamation aloud and presented it to Michael L. Wodtke. P R O C L A M•A T I O N 0 WHEREAS, on March 11,• 1966 MICHAEL L. WODTKE was elected to the City Council of Vero Beach, Florida; and WHEREAS, MICHAEL L. WODTKE has served on the Indian River County Board of Zoning Adjustment since February 15, 1973 and shown leadership qualities by serving as Chairman of that Board several times; and WHEREAS, MICHAEL L. WODTKE has expressed dedication and care for his community in many areas by volunteering his time, energy and expertise to the Indian River County Volunteer Ambulance Squad, Little League, Volunteer Firemen, and Emergency Management Department; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board on behalf of itself expresses gratitude to MICHAEL L. WODTKE for his record of community service and wishes him a long and successful future. Dated this 26th day of March, 1980. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 2nolc 2C4-� • �• Don C. Scurlock, Jr. Chairman ATTEST; I•'rc da Wright, Clerk 3 R 2 6 11986 BOOK 6 3 F -,AGE 982 MAR 2 6 198i, PROCLAMATION - "NATIONAL EXCHANGE CLUB DAY" BOOK 63 RUM Chairman Scurlock read the following proclamation aloud and presented it to John Holmes, President of the Vero Beach Exchange Club. P R O C L A M A T I O N A PROCLAMATION OF INDIAN RIVER COUNTY, FLORIDR, PROCLAIMING MARCH 27, 1986, AS "NATIONAL EXCHANGE CLUB DAY" WHEREAS, seventy-five years ago, on March 27, 1911, a group of farsighted business and professional men formed the first Exchange Club for the positive purpose of exchanging ideas and information and of serving their community through a unified effort; and WHEREAS, since that time EXCHANGE has grown to be the oldest and largest exclusively American service club organization with nearly 1,200 clubs and 43,000 members .serving the nation through a multitude of proven and productive community service programs; and WHEREAS, the Exchange Clubs of Vero Beach, Indian River, Sebastian, and Vero Beach West, through their ongoing participation in many national and local projects, have provided a -variety of valuable services to this community; NOW, THEREFORE,- BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board commends those dedicated citizens who, united under the banner. of EXCHANGE for the past seventy-five years, have been making American communities better places in which to live; AND FURTHER, in appreciationE of all the exceptional accomplishments of the above-mentioned Exchange Clubs and • Exchange _ Clubs across America, the Board hereby proclaims that Thursday. March 27, 1986, be observed as �_• ."NATIONAL EXCHANGE CLUB DAY" to commemorate that day as the 75th anniversary of the birih of EXCHANGE - A GREAT AMERICAN TRADITION. DATED this 26th day of March, 1986. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA .�.By y'� `!G 7. mon C. Scurlock r. ri�`•'1;�5:.'. Chairman 4 SHERIFF'S REQUEST TO EQUIP NEWLY FORMED EMERGENCY RESPONSE TEAM The Board reviewed the following letter dated 3/24/86: *'[J tr t, f f P. O. BOX 608 PHONE 869.6700 March 24, 1986 R.T."TIM" DOBECK • INDIAN R-rvER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO DFACII. FLORIDA 32961 Honorable Doug Scurlock, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Doug: Please find enclosed the price list of equipment needed to immediate- ly complete outfitting our Emergency Response Team. Our concept is to have two (2), five (5) men teams, so that we may have a full com- pliment of five (5) personnel, at all times, taking into considera- tion days off, sick time and vacation. Although, the bottom line seems initially high, the bulk of this equipment will be a one (1) time purchase. Since its inception, the Emergency Reasponse Team has been responsi- ble for the safe apprehension of four (4) barracaded, armed suspects. We also have utilized this response team on an average of five (5) times per month since its inception; in searches involving elderly people, young children, lost boaters on Blue Cypress, the river and the ocean. And more recently, have utilized this team for the special arrest purposes for multi -jurisdiction offenders and drug smuggling surveilance and arrests. Its sole purpose is to prevent the loss of life and to insure the security for the public at large. Each item listed is a necessary item. We have gone over each indi- vidual piece and have asked for only those things necessary to suc- cessfully complete the program. I urge each of the commissioners to accept this proposal and hope that a unanimous vote can be reached. Sincerely, R. T. "Tim" Dobeck, Sheriff Indian River County TOTAL RECAP FOR E.R.T. Rescue Equipment E.R.T. Team Equipment Individual E.R.T. Equipment Training GRAND TOTAL $ 8,129.78 18,030.00 18,520.80 12,964.00 $ 57.644.58 MAR 2 6 1986 BOOK 63 Pa1GE 984 L_ RESCUE EQUIPMENT 1. Power Saw 1 - (a) Partner R-1200 complete w/carbide blade 14" 1 - (b) Gas chain saw w/case 16" 2. Extension Ladder 24' 1 - (a) Duo -safety YGE-24 Fiberglass 3. Axe 2 - (a) Pickhead fiberglass handle 57.00 ea. 4. Sledge Hammer 2 - (a) 10 lb. fiberglass handle 39.00 ea. S. Winch 1 - (a) 3Z842 6000# 12 volt D.C. 6. Bolt Cutters 1 - (a) H.R. Porter 42" 7. Generator 1 - (a) U.S. 3800 Watt 8. Prybar 1 - (a) 5' 1" 9. Shovel 4 - (a) Union LHRP 5.99 10. Ratchett Lever Jack 1 - (a) Simplex #2029 20 Ton 11. Control Units 2 - (a) S-950 Control Units 1,500.00 ea i 12. Hand Tools 1 - (a) Proto #9975 Tool box 1 - (b) Proto #353 Hacksaw 1 - (c) Proto #9600A Screwdriver Set 1 - (d) Proto #9800A Screwdriver Set 1 - (e) Proto #263G Combination Pliers 1 - (f) Proto #1312P Hammer 1 - (g) Proto #1200F 15 pc. combination wrench set 1 - (h) Proto #5400 -OC 26 pc. socket set TOTAL BOOK 63 FnUE 985 S 990.00 249.00 595.00 114.00 78.00 787.04 87.89 1,300.00 29.00 23.96 446.34 3,000.00 25.37 10.46 26.66 28.92 7.45 10.35 162.19 158.15 $8,129.78 E.R.T. TEAM EQUIPMENT 1. 2 - Suppressed $900.00 ea 2. 2 - Remington 700 (308) Rifle, (3x9) scope, rings & mounted, $635.00 Sling & Swivels, 30.00 Bypod, 39.00 Scope covers, 7.50 711.50 Package ea $695.00 3. 2 - cases for above (metal & lockable) $45.00 ea. 4. 2 - room entry vests with ceramics, $1,050.00 ea. S. 2 - night vision scope, $4,700.00 ea. 6. 10 - pagers and charger $325.00 ea. 6 $ 1,800.00 1,390.00 90.00 2,100.00 9,400.00 3,250.00 $18.030.00 INDIVIDUAL E.R.T. EQUIPMENT 1. 10 - S & W 3000 (ERT equipped) $298.38 ea. $ 2,983.80 2. 10 - Beretta auto pistols, model 92F, $328.50 ea. 3,285.00 3. 10 - Elevated urban holster rig complete, $58.00 ea. 580.00 4. 10 - Leather duty type holster, $23.00 ea. 230.00 5. 20 - Rip -stop cammo suit (pants & shirt), $50.00 ea. 1,000.00 6. 10 - Responder Boots, $55.00 ea. 550.00 7. 20 - Cammo, Black, $50.00 ea. 1,000.00 8. 10 - Web -Belt, $12.00 ea. 120.00 9. 10 - Harness, $16.00 ea. 160.00 10. 10 - Canteen, $1.50 ea. 15.00 11. 10 - Canteen holder, $5.75 ea. 57.50 12. 10 - M-16 ammo pouch (used to hold Walkie) $8.95 ea. 89.50 13. 10 - Individual team vests $400 to $600 ea. depending on model chosen 6,000.00 14. 10 - Knives $60.00 ea. 600.00 15. 10 - Gas Masks $135.00 ea. 1,350.00 16. 10 - Vests $50.00 ea. 500.00 Total for 10 = $ 18.520.80 Per Man = $ 1,852.08 Chairman Scurlock noted that he took the liberty of having Purchasing Manager Carolyn Goodrich take a look at the numbers submitted by Sheriff Dobeck, and Manager Goodrich feels that while most of these prices are in line with what the Purchasing Department could get them for, some are higher. He suggested the Sheriff's Dept. get together with Purchasing to take advantage of their lower prices on some of these items. Roy Raymond, Sheriff's Administrative Assistant, felt it is extremely important to put the ERT in full effect, especially 7 MAR 2 1986 BOOK 6 3 PkC Q.S1 TRAINING 1. 5 - new 9MM silver tip, $250.00 per thousand $-1,250 2. 25 - 9MM practice ammo (44172) $165.00 per thousand 4,125 3. 5 - 308 (Q) 147 grain practice ammo $295.00 per thousand 1,475 4. 5 - 12 ga. 00 buck shot $250.00 per thousand 1,250 5. 2 - Spotting Scopes $246.00 ea. 492 6. 24 - #7 1/2 shot 12 ga. shotgun shells $156.00 per thousand 1,872 7. Chemical and Miscellaneous Ordance 2,500 TOTAL $12.964 Chairman Scurlock noted that he took the liberty of having Purchasing Manager Carolyn Goodrich take a look at the numbers submitted by Sheriff Dobeck, and Manager Goodrich feels that while most of these prices are in line with what the Purchasing Department could get them for, some are higher. He suggested the Sheriff's Dept. get together with Purchasing to take advantage of their lower prices on some of these items. Roy Raymond, Sheriff's Administrative Assistant, felt it is extremely important to put the ERT in full effect, especially 7 MAR 2 1986 BOOK 6 3 PkC Q.S1 BOOK during the terrorist threat from the Libya situation. 63 PAGUE9.87 -7 The equipment will be paid for out of the confiscated fund which is approaching $200,000, Chairman Scurlock pointed out that we might have some need to furnish the new jail facility out of the confiscated funds, but Mr. Raymond felt that it is questionable whether we will be able to use confiscated funds for that purpose. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) authorized the expenditure of up to $57,644.58 to equip the Emergency Response Team, with the funding to come out of the confiscated fund account, as shown in the following budget transfer. TO: Honorable Board of County DATE: March 26, 1986 FILE: Commissioners SUBJECT: Budget Amendment From Sheriff's Confiscated Trust Fund FROM: Jose h A. Baird REFERENCES: OMB Director Account Number 112-600-586-099.04 112-000-351-020.00 112-600-581-099.91 i EXPLANATION: Account 'Name Budget Transfer -Sheriff -Increase Decrease $57,645 Revenue - Confiscated Property 42,000 Reserve for Contingency $15,645 Money is needed in the amount of $57,644.58 to create an Emergency Response Team. Funds are to come from Sheriff's confiscated property fund. JAB/ew 8 CONSENT AGENDA Commissioner Wodtke requested that Item C be removed from the Consent Agenda for discussion, and Commissioner Bowman requested that Item H be removed also. A. Pistol Permits - Renewals The Board reviewed the following memo dated 3/17/86: rQ: The Honorable Members of DATE: March 17, 1986 FILE: the Board of County Commissioners SUBJECT: Pistol Permit - Renewals FROM: Michael Wright REFERENCES: County Administrator The following individuals have applied thru the Clerk's Office for renewal of pistol permits: William E. Bartsch Ira L. Dean Wellford E. Hardee All requirements of the ordinance have been met and are in order. 9 MAR 2 6 1986 BOOK 63 F.°-C9S's BOOK 63 PACE 989 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved renewal permits to carry a concealed weapon for the following: William E. Bartsch Ira L. Dean Wellford E. Hardee B. Pistol Permit - New The Board reviewed the following memo dated 3/17/86: TO: The Honorable Members of DATE: March 17, 1986 FILE: the Board of County Commissioners SUBJECT: Pistol Permits - New FROM: Michael Wright REFERENCES: County Administrator The following individual has applied thru the Clerk's Office for pistol permits: Pamela A. Starckx All requirements of the ordinance have been met and are in order. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved the issuance of a permit to carry a concealed weapon to Pamela A. Starckx. C. Report The Board reviewed the following report dated 3/12/86 which is on file in the Office of the Clerk to the Board: 10 M A FREDA WRIGHT R CLERK, CIRCUIT COURT AND RECORDER IN] 1,k]ANT; RIVE Iz Qc P. O. BOX 1028 VERO BEACH - FLORIDA 32960 MARCH 12, 1986 TOs BOARD OF COUNTY COMMISSIONERS FM: TRAFFIC VIOLATION BUREAU — SPECIAL TRUST FUND MONTH OF FEBRUARY 1986 FINES $27,360.08 COURT COSTS 7,839.50 LOCAL LAW 2,410.50 D.L.6 2,480.00 960.20 STATUTE 162.00 BOND ESTREATURE 1,789.01 COPYWORK/MISC. FEES 2,249.50 REFUND 960.20 ( 1.00) REFUND BOND ESTREATURE (250.00) REFUND LOCAL LAW ( 4.00) REFUND FINES ( 30.00) REFUND COURT COSTS (303.00) TOTAL $43.702.59 FOR YOUR INFORMATION AND COMPARISON, WE SUBMITTED.THE SUM OF $51,800.88 IN FEBRUARY 1985. Commissioner Wodtke requested that the Clerk's Office provide a total of the fees collected for the fiscal year to date compared to the amount collected during the same months of the last fiscal year. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) accepted the above report. 11 MAR 2 6 1996 BOOK 63 rA E 990 i ISA 2 C? 1936 D. Report _I BOOK Received and placed on file in the Office of the Clerk: Traffic Violation Month to Date Report - February, 1986 Filed by last name E. Execution of Ingress/Egress_ Easement_ for Sun Bank in Sebastian ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved the following ingress/egress easement agreement between Stanley Zaleski and Evelyn Kerr, Sun Bank/Indian River, and Indian River County, and authorized the Chairman's signature. EASEMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK THE BOARD F. Approval of Out -of -County Travel ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved out -of -county travel for Commissioners and appropriate staff to attend the Policy Studies Clinic in Tallahassee, April 10-11, 1986. G.�DER, _Army Corps/DNR Permit Application - City of Vero Beach The Board reviewed the following memo dated 3/17/86: TO: The Honorable Members DATE: March 17, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND UBJECT: D.N.R. PERMIT APPLICATION Obert M. Ke ti g,P Planning & Development Director THROUGH: Art Challacombe Chief, Environmental Planning TM#86-325 FROM: Roland M. DeBlois REFERENCES: City Vero Staff Planner (gyp DIS:MISC1 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on March 26, 1986. 72 DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION NO. 31-117196-4 APPLICANT: City of Vero Beach P.O. Box 1389 Vero Beach, FL 32961 WATERWAY & LOCATION: The project is located in the Atlantic Ocean adjacent to Humiston Beach Park on Ocean Drive in Section 32, Township 32, Range 40 East, Indian River County, Florida. WORK & PURPOSE: The applicant, City of Vero Beach, proposes to restore an existing stormwater outfall that was destroyed by beach erosion; the outfall is to extend approximately 105 feet waterward. No dredging or filling is to occur. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: - The Conservation & Coastal Zoning Management Element of the Indian River Comprehensive Plan - Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region - The Hutchinson Island Planning & Management Plan - The Indian River County Code of Laws and Ordinances The City of Vero Beach is proposing to restore an existing stormwater outfall located within the City's jurisdiction. Section 17-4.04(10)(j) of the Florida Administrative Code indicates that the "repair or replacement of existing pipes to original configurations for the purpose of discharge of storm - water runoff" is exempted from D.E.R. permitting requirements. In that any impacts associated with the project are site- specific and not within the County's jurisdiction, restoration of the stormwater outfall has no impact of County significance. RECOMMENDATION: It is recommended that the Board of County Commissioners authorize staff to forward the following comment regarding this project to the Florida Department of Environmental Regulation: Indian River County has no objection to the project, in that any associated impacts are within the City of Vero Beach and not within County jurisdiction. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved staff recommendation to forward a comment of no objection to the proposed project. 13 MARR 2 6 1986 BOOK. i.3 P,q 992 BOOK 6 3 F, 931 H. DER/Army Corps/DNR_ Permit_ Application - Mangrove Alteration - Figgie_ Properties,_ Inc_ The Board reviewed the following memo dated 3/12/86: TO. Honorable Members DATE: March 12, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R. PERMIT APPLICATION MANGROVE ALTERATION SUBJECT: Robert M. 1(daUJhg,CACP Planning & Development Director THROUGH: Art Challacombe FROM: Chief, EnvironmentalRRENCES: Roland M. DeBlois TM #86-319 Staff Planner DIS:ROLAND It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 26, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION NO. 31-117096-4 APPLICANT: Figgie Properties, Inc. 1000 Virginia Center Parkway Richmond, VA 23295 WATERWAY & LOCATION: The project is located on the shoreline fringe of the Indian River, adjacent to State Road AIA in Section 16, Township 33 South, Range 40 East, Indian River County, Florida. The upland property associated with the project is Seagrove West Subdivision, located on State Road AIA, Vero Beach, Florida. WORK & PURPOSE: The applicant proposes to alter approximately 50% of existing mangroves on the shoreline fringe of the subject property for purposes of maintaining a river view for Seagrove West Subdivision. The alteration is to consist of trimming and hedging of approximately 500 mangroves. The applicant proposes to conduct the trimming process in accordance with the Indian River County Tree Protection Ordinance mangrove alteration criteria. 14 4 ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: The Conservation & Coastal Zoning Management Element of the Indian River Comprehensive Plan - Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region The Hutchinson Island Planning & Management Plan The Indian River County Code of Laws and Ordinances On February 25, 1986, Staff issued an Indian River County mangrove alteration permit (MA #86-002) for the proposed project, in accordance with Section 231, Tree Protection, of the Indian* River County Code of Laws and Ordinances. Section 23}-9 of the Code specifically lists criteria to be met in achieving compliance with County regulations; the applicant has assured Staff that proposed alterations will satisfy those criteria. In that respect, Staff has no objection to the issuance of a Department of Environmental Regulation Mangrove Alteration permit to the applicant for the proposed project. RECOMMENDATION: it is recommended that the Board of County Commissioners authorize staff to forward the following comment regarding this project to the Florida Department of Environmental Regulation: Indian River County has no objection to the issuance of a D.E.R. Mangrove Alteration permit for the proposed project, in that the project as proposed satisfies County Code regulations. Commissioner Bowman noted that this very large area contains over 500 mangrove trees and wondered who is going to monitor this work. She questioned whether taking off the bottom limbs is allowed under "hedging". Art Challacombe, Chief of Environmental Planning, advised that staff will go out and spot check the results of this annual trimming to see if they are in compliance. Most of the work involved is trimming dead limbs and bottom branches after the winter freeze period. The red mangroves got hit very badly by the freeze. He noted that staff will be workshopping the entire Tree Protection Ordinance on April 17, 1986. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved staff recommendation to forward a comment of no objection to the proposed project. 15 BOOK U P�1GF 994 6 -MAR 2 6 1986 MAR 2 6 1986 BOOK 63 Fr'uC9��'3 I. Prisoner Transport Contract The Board reviewed the following memo dated 3/17/$6: TO: The Board of County DATE: March 17, 1986 FILE: Commissioners SUBJECT: PRISONER TRANSPORT CONTRACT FROM:J ilson REFERENCES: Ass' nt County Attorney As you know, the Department of Detention and the Sheriff's office have historically contracted with private agencies to transport County prisoners to other institutions within the state and otherwise. Prior to entering business arrangements with such companies, it is necessary that a contract be executed in order to establish the rights and liabilities of each party. R & R Security, Inc. is a local company which recently began providing a prisoner transport service. The Detention Center staff would like to enter into a contract with R & R in order to have a second transport company available to facilitate the transfer of prisoners. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved the following contract with R & R Security, Inc. for prisoner transport service. CONTRACT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN FULLY EXECUTED AND RECEIVED J. Annual HUD Contributions Contract for Housing_ Certificate Program - Section 8 - No. A-3409 as Extended The Board reviewed the following memo dated 3/19/86: 16 TO: Board of County Commissioners DATE: March 19, 1986 FILE: SUBJECT: Request for Approval and Signature on Section 8 Annual Contributions Contract No. A-3409 as extended 3l v FROM: L. l. Thomas REFERENCES: l , ,1 Assistant Executive Director l Frr I. R. C. Housing Authority The Department of Housing and Urban Development has submitted an extension of our Annual Contributions Contract, A-3409,through September 30, 1987. The documents are attached for your review and approval. H.U.D. is unable to extend the ACC for the full two-year period until they receive funding from their Central Office sufficient to do so. The current extension provides us the authority to issue certificates through September 30, 1986. They expect to soon receive amendment money at which time they will fur- ther extend our ACC based on the amount of money made available to the Jackson- ville office. The documentation required by H.U.D. for their final approval and execution of the contracts is submitted for consideration and approval of the Board of County Commissioners. (1) Five (5) Copies of ACC Part I Number A-3409 of the Annual Contributions Contract for Housing Certificate Program. . I recommend that the County Commission authorize the Chairman of the Board of County Commissioners to execute these contracts for transmittal to the Jack- sonville office of H.U.D. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved the Annual HUD Contributions Contract A-3409, extended through September 30, 1987, and authorized the Chairman's signature. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 17 MAR 2 6 196 BOOK 63 FADE 9,96 BOOK 63 .Fa.U' .997 K. Approval of Out -of -State Travel __ Hurricane _Conference ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved out-of-state travel for Commissioners and appropriate staff to attend the National Hurricane Conference in Houston, Texas, April 16-18, 1986. L. Appointment_of John Acor to Regional Planning Council The Board reviewed the following memo dated 3/19/86: \, RECE j V&D o..i« o. TM 00aau cc0 CITY Ctanx t%_£ Z� City o, f ' Vero Beach �1 1053 -20th PLACE - P. 0. BOX 1389 -; VERO BEACH, FLORIDA - 32961-1389 ' Te&phone: 567-5151 ;w _ March 19, 1986 Mr...Dan Cary, Executive Director Regional Planning Council P.O. Box 396 Stuart, Florida Dear Mr. Cary: The Vero Beach City Council at their meeting on .March 18, 1986, appointed Vice -Mayor John Acor to replace Mayor William Cochrane as an alternate member to the Regional Planning Council. sincerely, Phyl�is A. Neer ge City Clerk ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved the appointment of John Acor to replace William Cochrane as an alternate member to the Regional Planning Council. 18 APPOINTMENT TO DISTRICT IX HEALTH COUNCIL The Board reviewed the following memo dated 1/27/86: S' IX HEALTH COUNCIL, INC. ST IC 4455 WESTROADS DRIVE West Palm Beach, FI. 33407 Tel. (30S) 845-6070 a•.a BOARD OF DIRECTORS Chairman Robert L. Broadway Vice Chairman Harold Kirsh, D.O. Secretary/Treasurer John W. Abney John Gibe Luis R. Guerrero, M.D. Dan Lucas, M.D. Jack McGregor Kenneth M. Michels, Ph.D. Gary S. Nordmark J.B. Norton, Jr. Joseph G. Snyder Fred Wiggin STAFF Executive Director Edward O. Holloway, M.S.P.H Health Planners Barbara H. Jacobowitz, M.S. Robin J. Brocato, M.H.S. Administrative Assistant Charlotte Friend, B.S. Secretary Bernice Wertzberger January 27, 1986 Chairman Don C. Scurlock, Jr. Indian River County Board of Commissioners 1840 Twenty -Fifth Street Vero Beach, Florida 32960 Dear Chairman Scurlock: WSTRI.I3UTION LIST Commissicilers A;rr:..ictrator tt ^y C1.:fa::. Firia:i::e Other In 1984, the Indian River County Board of Commissioners made the appointments shown below to serve on this Board for a period of two years. Those appointments will expire on June 30, 1986. In considering appointments for the next two year term, you should be aware that the Florida Administrative Code (Copy attached) pro- vides for a rotation of categories at this time. This rotation is por- trayed for your convenience as follows: .DISTRICT IX HEALTH COUNCIL, INC. ROTATION OF MEMBERSHIP CATEGORIES Per Chapter 10-5, Florida Administrative Code New Number of Appoint - Current Number of Appoint- ments by Member Cate - County ments By Member Category qory Effective 7/1/86 Indian River 1 1 Consumer 1 Provider Serving Indian River, Martin, Okeechobee, Palm Beach,& St. Lucie Counties 19 MAR 2 6 1986 BOOK 63 F,�uC- 999 BOOK 63 PnE 999 Chairman Scurlock 1/27/86 Page' 2 Your Current Appointment is: To Be Appointed: Consumer Consumer Mr. J. B. Norton, Jr. None Provider Provider None One District IX Health Council, Inc. respectfully requests that you take action on this appointment so that the new Board will serve from July 1, 1986 to June 30, 1988. Sincerely, DISTRICT IX HEALTH COUNCIL, INC. Edward O. Holloway, MSPH Executive Director Michael O'Grady, Administrator at Indian River Memorial Hospital, introduced Stephen L. Holmes, Vice President of Operations at Indian River Memorial Hospital, who gave a brief summary of his extensive education and background in health care. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) appointed Stephen L. Holmes to the District IX Health Council. 99 6 PUBLIC HEARING - Water_ Franchise - Humana Hospital The hour of 9:15 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: c`• 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 ea says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper publish at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, beii a in the matter In the lished In said newspaper in the issues of/J_%z-- Court, was pu Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun. ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. Sworn to and subscrAd bevfore m�isn_/6E day of �� A.D. 19 (SEAL) (Clerk of The Indian lilve► Coon Bdarti o NOTICE OF MBUC HEAR -- -- . County County ars to a ted at 84 how 8 public hem do AAarch 2g, 1988 at 9:15 tin is the r franchise Chambers located a u 1840 2Sth Street, Vero Beach, Florida, to consider granting a water bant:hise to Humana, Inc. dba Humana Franchise, for the hospital and medical plus's located on the �f SeStrom ,Water System a1 (see map below), cQr!ler of Bay 5beet and weal W U m m C31 t?� •U Ov %D tA, R• p• ter: .%, - 11[[ SM. 21 OF FLEWING GRANT All interested persons are Invited .to this meeting. If any person ddckjes to appeal made by the Board of County Commissioners with any decision tng, she that a verbatim record of the proceedings is respect to any matters considered t talus meet. ensure the will need a record of the proceedings, and that for such purpose It she may need to made, which record hWudea the testimony end evidence upon the appeal is to be heard. Don C. Scurlock, Jr., Chairman Indian River County Board of County Commissioners Mar. 18, 1988 21 MAR 2 6 1986 Bou 63 FajC- 1000 ,-,MAR 2 6 1966 BOOK 6.3 �,,GdOOI The Board reviewed the following memo dated 3/19/86: TO: BOARD OF COUNTY COWSERVES RS DATE: MARCH 19, 1986 THRU: TERRANCE G. PINTO DIRECTOR, UTILITY FROM: JEFFREY K. BARTON ASSISTANT DIRECTOR, UTILITY SERVICES SUBJECT: PROPOSED FRANCHISE HUMANA BACKGROUND Humana Hospital had applied for a water franchise to serve its AMDECO Project at the Sebastian Hospital Site. A copy of the proposed franchise is attached along with a map of the proposed service area. RECOMMENDATION Utility Staff recommends approval of the requested franchise of Humana Hospital based on the outcome of the public hearing and the outcome of he study of the Roseland Area to be submitted by Masteller and Moler withi�r 90 days. Utilities Director Terry Pinto explained that Humana Hospital already has a water franchise to service the hospital itself and this water franchise would permit the hospital to service some outlying medical offices on the premises. Last week the Board passed Resolution 86-11, giving them a 90 -day delay on the requirements of a utility franchise pending the results of a study being conducted by Masteller & Moler. He recommended that we go through the public hearing process today and get the Board's decision in 90 days pending the outcome of the study. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) closed the Public Hearing. 22 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) continued this item to 90 days from today until the results are in from the study of the Roseland/Sebastian area being done by Masteller and Moler. REQUEST FROM CITRUS_ ELEMENTARY_ PTA FOR 3 -COLOR TRAFFIC LIGHT AT 4th STREET AND 27th AVENUE The Board reviewed the following letter dated 3/11/86; March 11, 1986 Don Scurlock Transportation Planning Committee County Administration Building 1840 25th Street Vero Beach, Fl. 32960 Dear Mr. Scurlock; =W The parents of Citrus Elementary School students and concerned citizens of the surrounding community are requesting that a three (3) - color traffic light be installed at the intersection of 4th Street and 27th Avenue. The growing number of accidents at this intersection, combined with the general difficulty in crossing 27th Avenue, due to its high traffic flow, compels us to request this traffic light. Enclosed is a signed petition requesting that a three (3) - color traffic light be installed at the intersection of 4th Street and 27th Avenue. Citrus Elementary PTA would like our traffic signal request and petition 'placed on the agenda at a County Commissioners meeting in the near future. If you need any further information, please feel free to contact me. I look forward to hearing from you concerning this matter. Sincerely, &be Conklin, Citrus Elementary PTA President 3355 King's Highway Vero Beach, F1. 32960 (Home phone - 569-2451) (Work phone - 567-6636 PETITION WITH APPROXT14ATELY 300 SIGNATURES ON FILE IN COMMISSION OFFICE 23 BOOK PACE�Q � MAR 2 6 1986 I 11O� MAR 2 � �� 6 BOOK �� P.1CF1� After Chairman Scurlock announced that the Citrus Elementary School PTA has requested that this item be postponed until a later meeting. Public Works Director Jim Davis explained that the request from the PTA came at the same time staff had .. scheduled their recommendations for the Board's action today, and staff is recommending approval of the traffic light at Citrus Elementary. Chairman Scurlock felt in that case that the Board could review the matter today and send the PTA a letter advising them of what action was taken. Director Davis reviewed the following memo dated 3/19/86: TO: The Honorable Members of ' DATE: March 19, 1986 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Transportation Planning Committee Recommendations _ of March 11, 1986 FROM: REFERENCES: James W. Davis, P.E., Public Works Director DESCRIPTION RM CONDITIONS 'During the March 11, 1986 meeting of the Transportation Planning Committee, the Committee unanimously recommended the following: 1) Signalize the intersection of 4th. Street and 27th Ave. (CR607), construct a left turn lane at the 4th Street approaches to the inter- section at 27th Avenue, and improve pedestrian access at this inter- section due to the existence of Citrus Elementary School on the Southwest corner of the intersection. 2) Expedite the installation of four school beacons at the following elementary school Osceola Elementary Vero Beach Elementary Thompson Elementary Fellsmere Elementary The installation of these beacons is currently scheduled for late FY 86/87. During the Feb. 10, 1986 TRC meeting, signalization and 8th Street widening was approved at 8th Street and 27th Avenue. P39 M W M ALTERNATIVES AND ANALYSIS All of the above projects are currently warranted. School beacons are to be installed this fiscal year at Dodgertown Elementary, Sebastian Elemen- tary, and Rosewood Elementary. The costs of the new projects above are as follows 4th Street at 27th Avenue Signalization $ 20,000 Road widening $ 25,000 R/W acquisition* $150,000 Pedestrian Improvement $ 5,000 $200,000 *Two single family homes are very close to the existing edge of pavement. 4 additional school beacons 4 @ $5,000 $20,000 8th Street at 27th Avenue Signalization(funded FY85/86 $ 12,500 Road widening $ 25,000 R/W acquisition $ 10,000 Pedestrian Improvements $ 5,000 $ 52,500 As noted, the most costly item is right-of-way acquisition along 4th Street west of 27th Ave. Existing single family dwellings and a large canal create a construction in the available right-of-way corridor. The county currently has a 30' right-of-way along 4th Street in this area. Right of way acquisition is also necessary along 8th Street however, no structures are involved. RECOMMATIONS AND FUNDING It is recommended that Local Option Gas Tax funds be utilized to fund the $272,500 for the three projects as soon as possible. If the engineering can be accomplished so that structures can be avoided, the cost will be significantly less. Approximately $600,000 per year is collected from the existing 2� Local Option Gas Tax. Staff also recommends that an outside consultant be retained to engineer these projects. Professional fees should not exceed 100 of construction costs or approx. $12,000. Director Davis noted that in analyzing the costs for improvements to this intersection, it was discovered that the right-of-way costs would be the most expensive. Two homes on the northwest corner and the canal on the south corner constrict our ability to widen the road and provide pedestrian facilities. Staff hopes to be able to miss the two homes and perhaps take just a garage. They would like to go ahead with the engineering, see what their ability is, and then come back with a firm cost estimate. They also intend to look into the feasibility of culverting versus acquisition of right-of-way. 25 MAR 2 6 19861.)BOOK 63 P,400 qq LIAR 2 6 198 rr�BoaF�1GEd� Director Davis reported that the TPC also addressed the installation of beacon lights at four elementary schools. Last year staff implemented 3•beacons and this year they are recommending four additional beacons. The third item in the memo addresses the widening and signalization of the 8th St. and 27th Avenue intersection, including some minor pedestrian improvements. Although these three projects are recommended to be implemented at this time, some of the funds are not budgeted. The option is to use local gas taxes, which also are not allocated at this time. Some of those funds might be necessary to finish the Indian River Boulevard/12th Street project, but we won't know that until the bids are received. Staff feels fairly confident we can do this work in addition to the other projects we have under our current funding capability. Chairman Scurlock reported that criticism is being received about the delay in finishing several approved projects, and Director Davis pointed out how busy staff is. Right now they need authorization to go ahead and advertise for engineering services on these projects and look into the possibility of contracting for engineering services on the other 94 projects and bring that information back to the Board. He noted that a lot of their work has been on large jobs such as the Jail and the Lindsey Road culvert. Commissioner Wodtke felt that if we are to the point where we need to spend $12,000 for engineering services for just two intersections, than it might be wise to hire another person in Engineering. However, he believed we should proceed first with the installation of the traffic lights and then go ahead and do the engineering on the right-of-way, etc. Director Davis believed by contracting for engineering services, we could get the signals up and the road widened faster than doing it inhouse. The signals at 4th and 8th Streets are approximately $20,000 each and staff feels that we would not be 26 - M putting ourselves out of funding the 12th Street/Indian River Boulevard project, even though this $250,000 would be using a significant amount of money generated by the optional 2� gas tax. He noted that $300,000 is generated for every 14 of gas tax. Director Davis explained the Equipment Grant Program, but advised that the DOT won't have funding for this during the next 5 years. Chairman Scurlock felt the bottom line is that the necessary improvements to State roads are not going to get done unless the County finds another way to fund the expense. Commissioner Wodtke suggested that we track the previous commitments made in the DOT's 5 -Year Program for Indian River County projects so that in 5 years we will be able to get the money. Commissioner Bowman asked when we would begin receiving monies through the 64 optional local gas tax, and Director Davis understood that the first draw would be in December. Administrator Wright noted that although the County did not obligate any money from the existing 24 tax, the funds must be spent on new projects. We just have been building up the account and have not spent a nicke-I of those funds as yet. Chairman Scurlock understood then that from a cash flow view point, it is not going to hinder us if we go ahead and take action today on these recommendations and that staff's recommendation is to approve the projects as outlined and withhold final approval of funding until after the workshops and public hearing are held on the matter of increasing the local optional gas tax to 44 or 64. 27 Boa 63 PnEIM06 PF��E.��J� MAS 2 6 1986 lu' BOOK �e� MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Wodtke, that the Board approve staff recommendations and authorize staff to proceed with the installation of a 3 -color traffic light at 4th Street and 27th Avenue; the beacons for the four elementary schools; the widening and signalization at 8th Street and 27th Avenue; and the engineering for each of these three projects, with the understanding that the funding will be withheld until after a public hearing is held on increasing the local optional gas tax. Under discussion, Commissioner Wodtke asked if the Motion authorizes doing the signalization immediately, but Director Davis stated that they have to engineer the intersection first so that they know exactly where to put the poles. He believed, however, that they could have the lights up by the time school starts in the fall. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (3-0). Commissioner Wodtke felt that it should not take too much engineering to determine where the poles should go and suggested using an arm -type aluminum traffic light structure similar to the ones currently being used in Palm Beach County. SHELVING FOR INDIAN RIVER COUNTY LAW LIBRARY The Board reviewed the following memo dated 3/19/86: 28 TO: The Honorable Members DATE: March 19, 1986 FILE: of the Board of County Commissioners THRU: Michael Wright County Administrator SUBJECT: Shelving for Indian River THRU: H.T. "Son Dean County Law Library Director, Gene Services '110 � Lynn Williams J FROM: superintendent REFERENCES: Buildings & Grounds Staff has been advised by Judge Vocelle of a current need for additional shelving for the Indian River County Law Library. The Law Library is presently housed in the Courthouse Annex. It occupies 1680 square feet of space consisting of one large room for storage and display of law books and a second room for reading, research, and additional book display. There are approximately 11,000 volumes of books on hand with another 65 (average) received monthly. The books are stored on a variety of book shelves, some metal, some wood. Space for future library expansion is non-existent within the Courthouse Annex. Staff has previously investigated the posibility of installing a mobile shelving system for condensation of the existing books. These systems are used where floor space is at a premium, and are presently used by the Property Appraiser's office, Health Department, and the Clerk of the Court. The Law Library certainly meets the criteria as an example of an area in need of a mobile storage system. Initial investigations have shown that each system is designed for the particular use and existing conditions of each installation, therefore a simple cost'per unit cannot be assigned. Expansion capability must also be considered during the design of the system. Staff estimates that there is 2,050 lineal feet of shelving in the Law Library at this time. If the present growth rate continues, we project an annual increase of approximately 160 lineal feet of shelving, or an average of 8 standard 3 foot bookcases per year. One firm who prepared a plan approximately one year ago proposed installation of 2,457 lineal feet of shelving which would allow for roughly two (2) years growth from our present size. Staff estimates based on the expenditures of the Property Appraiser's office and the Health Department, and conversations with vendors providing these systems, that a system for the law library to house approximately one-half of the existing volumes will cost in the neighborhood of $16,000 to $20,000. We attempted to contact vendors for proposals but all vendors stated they would have to inspect the area, intended use, and existing conditions before they would quote even a ball -park figure. However, based on previous estimates we are anticipating an expenditure in the neighborhood of $40,000 for the total of 2500 lineal feet of shelving with very little expansion capability at hand. Staff requests the Board's recommendation on meeting the current and future anticipated needs for shelving for the Law Library. There was-. no money budgeted for this project in Fiscal Year 1985-86. 29 MAR 2 6 1986 BOOK 63, a; 'US LIAR 2 6 1966 Boos 63 P�'u 4M 9 Sonny Dean, Director of General Services, explained that Commissioner Lyons, who is out ill today, asked to have this on placed on the agenda today in order to request additional shelving which is greatly needed for the Law Library. Money is available in the Court Facility Fund, which has a current balance of $76,623.76. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) approved this item with funds to come out of the Court Facility Fund. TO: Honorable Board of County Commissioners FROM: Joseph A. Baird OMB Director Account Number 106-901-516-066.41 106-901-581-099.91 Explanation: DATE: March 26, 1986 FILE: SUBJECT: Budget Transfer for Shelving at Law Library REFERENCES: Account Name Increase Office Furniture & Equipment $20,000 Reserve for Contingency New shelving in Law Library not to exceed $20,000. Contingency Balance Shelving BALANCE 30 $62,240 (200,000) $42,240 -Decrease $20,000 CONSIDERATION TO INCREASE LOCAL OPTION GAS TAX TO 6t The Board reviewed the following memo dated 3/17/86: TO: The Honorable Members of DATE. March 17, 1986 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Consideration to Increase Local Option Gas Tax to 6� _ FROM: James W. Davis, P. E. , REFERENCES: J.W. Davis to Public Works Director Transportation Planning DESCRIPTION AND CONDITIONS During the. March 11, 1986 Transportation Planning Committee meeting, the Committee unanimously recammnded to the Board of County Canmissioners that the Local Option Gas Tax in Indian River County be raised to 6G beginning Sept. 1, 1986. This action was taken to provide additional revenue using the "user fee" philosophy to fund a portion of the present $61 million shortfall for the 20 year Capital Improvement Program. ALTERNATIVES AND ANALYSIS Staff has prepared estimated revenue projections for the County's current revenue sources (see attached backup information). Some alternatives to fund the $61 million shortfall are as follows: 1) User Fee - Increase Local Option Gas Tax (LOGT) to 0 to provide an estimated $24 million of the $61 million shortfall. A portion of the remaining $37 million shortfall may be acquired through greater Florida DOT participation on a cost sharing basis. Recent state legislation qualifies those County's that have adopted a full 0 LOGT to share in DOT project funds. 2) Raise additional revenue from ad valorum taxes or other types of property assessments. RECON,4EMATIONS Staff concurs with the Transportation Planning Comnittee's action and requests permission to conduct a public hearing on this issue in April, 1986. Administrator Wright asked if we could schedule the public hearing for the earliest possible Wednesday because we are heading into our budget work in early May. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bowman, that the Board authorize staff to advertise a public hearing at the earliest possible date to consider increasing the local option gas tax to 64. 31 BOOK 3 FAGF1O�0 MAR 2 6 1986 r r In BOOK 0J+ -plq"A ,.l Under discussion, Commissioner Wodtke asked that before the public hearing is held the Board be furnished with complete information as to how we are utilizing the existing 2t gas tax. He also wanted to be sure that we have a full explanation of all other taxes, impact fees, or other options. Chairman Scurlock pointed out that we cannot fund any backlog of improvements from impact fees as the funds must be spent on new improvements in each district. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. BID #276 AND 279 - MOTOR GRADER - EVALUATION OF FIAT ALLIS ROAD GRADER Public Works Director Jim Davis reviewed the following staff recommendation dated 3/25/86: TO: The Honorable Members of the DATE: March 25, 1986 FILE: Board of County Commissioners -.-THROUGH: Michael Wright, County Administrator SUBJECT: Evaluation of Fiat Allis Road Grader - Bid # 276 and 279 Motor Grader 00/ FROM: James W. Davis, P.E. l' REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS During the past week, the County Road and Bridge Department has had possession of a Fiat Allis FG 75 Road Grader for demonstration purposes. As a result of County operators using the machine for finish grading and new road construction, the following analysis is presented: 1) Operator visibility is limited as a result of the design of,,thq,circle turnstile and other components. The operators have a difficult time seeing grade stakes. 2) When excavating Swale ditches in sandy soils the grader did not maintain sufficient traction resulting in rear wheels spinning. 3) The throttle pedals were located in a different position than all other graders in the fleet. This would result in operators having to adjust their habitual operations. 4) The Fiat Allis does not meet bid specifications on brake type, forward speeds, and other minor items. 32 r � � The machine exhibited good power, excellent handling, and good control panel. The operators were of the opinion that it would be a good grader for use on a route system, but would not prefer it for finish work in road construction due to visibility. ANALYSIS AND ALTERNATIM After evaluation of the Fiat Allis Grader, staff presents the following preference: Purchase 1 Fiat Allis Grader for $66,570 less $4000 " trade-in for the 1965 Cat (Equip. #27), resulting in an expenditure of $62,570. At the present time, the Road and Bridge Department budget contains $154,617 allocat- ed for Heavy Equipment (after the recently purchased Excavator is subtracted). Funds remain available in the amount of $92,047 to purchase a 1985 Caterpillar Grader ($40,965 after considering trade-in value of 1981 Cat) under total cost bid. The Fiat Allis would be used on a maintenance route. The Caterpillar would be used by the road building crew. Recent appraisal books indicates that the County should request Kelly Tractor to honor the repurchase bond. PrrMMMDATIONS AND FUNDING Staff recommends that the County purchase the following Vendor: Dewind Machinery 1 Fiat Allis FG75 Purchase Price $66,570 less trade-in (1965 caterpillar) 4,000 $62,570 Vendor: Kelly Tractor 1 Caterpillar 120G Purchase Price $108,985 less repurchase/trade-in (1981 Caterpillar) 69,725 $ 39,260 Total Cost Repurchase Bond 1,705 $ 40,965 Total Expenditure = $103,535 Total Budgeted funds available = $154,617 Surplus = $ 51,082 If the above recommendation is accepted, the Board should recognize that the brakes, transmission, and other minor components on the Fiat Allis FG 75 do not meet bid specifications and that these items be accepted. Chairman Scurlock had a problem with trading in the 1981 Caterpillar and suggested trading in an older piece of equipment instead. Administrator Wright noted that we have a 174 Champion worth about $8,000 and a '65 grader that they anticipate will need a new engine shortly. He felt staff was very hesitant about buying two Fiats and their recommendation is to buy one Fiat, trade in the 181 CAT and purchase the 1985 CAT as outlined in the above memo. 33 MAR 2 6 1986 BOOK 03 Pa,E2 MAR �9�� Booz P, -EJ' 01.3 Commissioner Bowman asked if we have the legal ability to waive the specifications on the Fiat grader, and Attorney Vitunac confirmed that we can do that under our purchasing rules. Director Davis stated that we have a surplus of $48,000 on the other equipment in the account and are in very good shape for unencumbered funds for heavy equipment for Road & Bridge. Administrator Wright pointed out that by selling the 181 CAT we are saving maintenance costs and getting $15,000 more than it is worth. In addition, we have $100,000 which we are going to carry over for next year unless the Board decides to spend it on something else. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Wodtke, that the Board approve staff recommendation to purchase (1) Fiat Allis Grader and (1) Caterpillar tractor. Under discussion, Commissioner Wodtke suggested buying one Fiat and keeping the 181 CAT, but Administrator Wright felt that we then would be subject to heavy maintenance costs after 5 years and we would lose the opportunity of trading it in for almost $70,000. He felt in the long run we are better off to look towards what it is going to cost us next year and try to upgrade our fleet. If -the Board lets us do this, next year we are planning to replace the 1974 grader and that will make our oldest motor grader a 1978, which will put us in pretty good shape. Chairman Scurlock felt that if we went with a total cost bid, they would be having an operator sit'on a brand new piece of equipment every 5 years. Director Davis believed that in this particular case the reason Fiat -Allis has bid so much lower is to get their equipment exposed. 34 � r i THE CHAIRMAN CALLED FOR THE QUESTION. The Motion failed to pass by a vote of 1-2, Commissioners Wodtke and Scurlock dissenting. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) authorized the purchase of (1) Fiat at this time. Administrator Wright asked for instructions on what to do with the 181 CAT, and Chairman Scurlock explained that the County will keep the 181 CAT. However, Director Davis pointed out that there is a leak in the head of the 181 CAT, which is one of the reasons they would like to trade it in. Chairman Scurlock stressed that it is very common for a motor grader to last 15-17 years if it is run by a reasonable operator, and Commissioner Bowman suggested tearing down the 181 CAT to see what repairs are needed. Administrator Wright pointed out that if we do not exercise the option to sell the 181 CAT today, the opportunity will be gone. Chairman Scurlock noted that we don't have enough operators to run all our present 8 graders at once, but Director Davis explained that only happens once in awhile, just like any equipment in any operation. Chairman Scurlock was not convinced that the total cost program was the best way to go economically on a motor grader which is a piece of equipment that traditionally has a 7 -year life. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board by a vote of 2-1, Chairman Scurlock dissenting, authorized the additional purchase of (1) 1985 Caterpillar grader from Kelly Tractor, as recommended by staff. 35 MAR 2 6 1986 BOOK 63 P}1GE10 4 NAR 2 6 1986 BOOK 63 F° 01 UTILITY EASEMENT TO FLORIDA POWER & LIGHT FOR COUNTY TREATMENT PLANT Administrator Wright explained that FP&L needs this easement to set the meter at the sewer plant. If we ever move the line, the easement goes away. ON MOTION by Commissioner Wodtke, SECONDED by `Commissioner Bowman, the Board unanimously (3-0) granted the following easement to Florida Power & Light. 0 i 36 RNMENT Form 3723 (Stocked) Rev. 7/88 DWA 1394409 (1) The undersigned, in consideration of the payment of $1.00 and other good and valuable considera- tion, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construc- tion, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, ,improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement feet in width (the approximate location of which is shown in the sketch on Page 2 of this instrument) located within the following described property: An easement 10.00 feet wide lying 5.00 feet each side of the following described centerline: COM4WCING at the Southeast corner of the Northeast # of Section 14, Tomship 33 South, Range 38 East, Indian River County, Florida; thence North 90000'00" West, (an assumed bearing), along the South line of the Northeast # of said Section 14, a distance of 2655.11 feet; thence South 19042154" West, a distance of 53.11 feet to the South -right -of -my of the Indian River County Drainage District Lateral "D" Canal and the POINT OF BEGINNING; thence North 19042154" East, a distance of .42 feet; thence North 00038100" East, a distance of 1186.64 feet to Point "A"; thence continue North 00038100" East, a distance of 26.00 feet to the end of this line; returning to Point "A"; thence North 89053120" East, a distance of 381.00 feet to the end of this line; returning to Point "A"; thence South 89053120" West, a distance of 22.00 feet to the West line of the Northeast } of said Section 14 and the end of this easement. (See Exhbits "A" & "B" attached hereto and made a part hereof.) Together with the right to permit any other person, firm or corporation to attach wires to any faci- lities hereunder and lay cable and conduit within the easement and to operate the same for commu- nication purposes with the right of ingress and egress to said premises at all times, to clear the land and keep it cleared of all trees, undergrowth or other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communi- cations or power transmission or distribution, and further grants, to the fullest extent the under- signed has the power to grant, if at all, the rights hereinabove granted on the land heretofore des- cribed, over, along, under and across the roads, streets or highways adjoining or through said pro- perty. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 2'6th March 1986 BOARD OF COUNTY COMMISSIONERS Approved for Utility matters: INDIAN RIVER COUNTY, FLORIDA By: G. Don C, Scurlock, Jr., Chai an ') Approved as to form Attest: " , '� and legal sufficiency Freda Wright, Clerk By - _�rOviAU1111c Is (Corp. Seal) Charle STATE OF FLORIDA AND COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ��day of March , 19J.6, by DON �� Sin nrx _ _.-rp and FREDA WRIGHT respectively the Chairman PrNvJ:6nd Clerk MWS, of INDIAN RIVER COUNTY, BOARD OF COU TY political subdivision, of the St t� of F1 rida, C y 1I S S I ONE RS , a / __� 0WAt on behalf of said corporation. My CommisioJn Expire.: A 2 6 q9 � N'.0"'A " 9GENEUC STATE OF FLE U DA ''i 8 mtB�'" RALSRANCE INUNQ � Ail )N EXPIRES JULY R tom .� ��State . BOOK 6 3 F'�G4018 N 00.38'00"� J�.o• S 9'S3'to'W N B9•S3'�O°6 391.00' I2200' . a F go Ogo0 z U3 vi T01 F til 1L I' 0� W Z � JO FNN- v - u 3 14 0 8 N P- a2' BOOK 63 Pv,101 7 NORTH NOT TO SCALE - f H 'e.o. w. c ~E o` SNO/4N iP/ VAR C WA/'/Y - OLAiN.�6i O�STL'/ eT LATFd �l t •L7 � CAN.6L P.o.c. 'oo'oo`w isssii' M L /N! *,C TNi N OF SIV. / t SE Goeaa4 of TNS Ni y OF S�me.v r+, Towv3.1.A .]3 , AA~ as ?NO/AN Amzw Lomwrf ; ^A000i SKETCH OF' DESCRIPTION PREPARED FOR FLORIDA- POWER k LIGHT CO. SECTION 1¢ , T 333 S, R 36 E INDIAN RIVER COUNTY, FLORIDA EXHIBIT "A" RWO# 6254-/-040 D W A# 391'-04 ? EXHIBIT "B" Grantee agrees to relocate or remove, at Grantoe's expense, its facilities upon written request by Grantor. If facilities are to be relocated, a new location must be mutually agreeable to both Grantor and Grantee. Grantee further agrees, in such event and after written notice from Grantor, to release all rights herein granted. s W E A T H E R ING TON L A N 0 9 U A V E Y O A S 2101 OlAM06 AY[NYl 1704 L 1Lll 61111441 PLAZA II ItPI[6C4 /1A.11460 Poll 1L LUClt /1A714S2 11011441.6064 1106) 111.1116 WO es- /t47 FB24,8 PG 42- DWG 38 M RESOLUTION AUTHORIZING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT APPLICATIONS TO STATE DEPT. OF COMMUNITY AFFAIRS The Board reviewed the following memo dated 3/17/86: TO: The Honorable Members DATE: March 17 , 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: Fd.U.6 An SUBJECT: Robert M. K at ng, 1CP RESOLUTION AUTHORIZING Planning & Development Director TRANSMITTAL OF COMPRE- HENSIVE PLAN AMENDMENT APPLICATIONS TO STATE DEPARTMENT OF COM- FROM:RS REFERENCES: MUNITY AFFAIRS Richard Shearer Chief, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at 'their regular meeting of March 26, 1986. DESCRIPTION & CONDITIONS The 1985 planning legislation contains a provision mandating a 90 day review period by the State Department of Community Affairs after a Local Planning Agency has held public hearings on pro- posed amendments to a local government's Comprehensive Plan and before the local government adopts the amendments. The -Depart- ment of Community Affairs requires that the local legislative body authorize the transmittal of any proposed amendment to a Comprehensive Plan prior_ to beginning the ninety day review period. On March 13, 1986, the County's Planning and Zoning Commission, sitting as the Local Planning Agency, held public hearings to consider making recommendations on nineteen proposed amendments to the County's Comprehensive Plan. ALTERNATIVES & ANALYSIS The Planning Department feels that the best way to document the fact that the Board has authorized the transmittal of the pro- posed amendments to the Comprehensive Plan to the State for review is through the passage of a resolution authorizing the transmittal. However, this resolution does not necessarily mean that the Board intends to adopt all of these proposed amendments. RECOMMENDATION Based on the above analysis, staff recommends approval. 39 MAR 2 6 1986 BOOK FACE&8 i FX019 l��'Oli .� `%F ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) adopted Resolution 86-12, authorizing transmittal of Comprehensive Plan amendment applications to the Florida Dept, of Community Affairs. 40 RESOLUTION NO. 86- 12 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT APPLI- CATIONS, STAFF RECOMMENDATIONS, AND THE RECOMMEND- ATIONS OF THE LOCAL PLANNING AGENCY TO THE DEPART- MENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA FOR A MANDATORY NINETY DAY REVIEW PERIOD. WHEREAS, Chapter 163 of the Florida Statutes, requires that local governments prepare and adopt Compre- hensive Plans, and WHEREAS, The Board of County Commissioners has adopted a Comprehensive Plan pursuant to Florida Statutes, and WHEREAS, Florida Statutes provide for the amendment of Comprehensive Plans twice per calendar year, and WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency, has held public hear- ings and made recommendations concerning these amendments, and WHEREAS, Florida Statutes require that the Board of County Commissioners pass a resolution authorizing the transmittal of Comprehensive Plan Amendments to the Depart- ment of Community Affairs of the State of Florida for a mandatory ninety day review period, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the enclosed Comprehensive Plan Amendment applications, staff recommendations, and the recommendations of the local plan- ning agency are hereby authorized for transmittal to the Department of Community Affairs for a mandatory ninety day review period. The foregoing resolution was offered by Commis- sioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: MAR 2 6 1996 BOOK 63 Fmu'4020 L_ r MAR 2 6 196 BOOK 63.fPgUE.iU RESOLUTION NO. 86-12 Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons sen Commissioner Richard N. Bird sent Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 86- 12 , adopted and duly passed this 26th day of March , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By a ca G 2"� DON C. SCURLOCK, JR. Chairman ' --._c - j Attest:% FREDA WRIGHT Clerk APPOINTMENT TO INDIGENT HEALTH CARE PLANNING TASK FORCE The Board reviewed the following memo dated 3/12/86: STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES INDIAN RIVER COUNTY PUBLIC HEALTH UNIT 2825 14TH AVENUE ENVIRONMENTAL HEALTH VERO BEACH, FL 32960 1840 25TH STREET -SUITE N-1 18 TELEPHONE (305) 867.1101VERO SFAcH. FL 32960 SUN -COM 451-5302 F 1 1213, �� TELEPHONE (305) 567.8000 EXT. -229 `(1 1 SUN -COM 424-1229 a zo "f March 12, 1986 Ln;, b' co0 , FROM: J.B. Tucker, M.D. .04 Director, IRCPHU SUBJECT: Indigent Health Care Planning TO: Mike Wright, Indian River County Administrator EXtensive interest is developing in planning of Indigent Health Care programs for Indian River County. As you ]mow, FS 154.302 assigns to the County the financial obligation for all those costs not reimbursed by other governnental agencies. Indian River County is unique in structure, for in addition to the Board of County Commissioners, the Indian River Memorial Hospital taxing authority legislation places the MM Board of Trustees in a position of responsibility in this area. 42 Current limited planning by several involved agencies (IRCPHU, nm, District 1X Health Counci., HRS, and others ) has developed to a stage indicating the time is rapidly apporaching when full participation by a respresentative of the BCC is highly desirable in order to best serve the Board's interest. Therefore, I solicit your recommendation as to the best way to proceed in selecting a participant for both short range and long range planning. I recommend the selection have the full confidence of the BCC, and, most important, have time to attend several meetings. Experience in health, financial and legal affairs seems highly. desirable. Please contact me with your advice at your earliest opportunity. Commissioner Wodtke indicated he would accept the appointment to this task force, but noted that the memo said to be prepared to travel and spend some time. He hoped it would not conflict with his duties as County Commissioner. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wodtke, the Board unanimously (3-0) approved the appointment of Commissioner Wodtke to the Indigent Health Care Task Force. RIGHT-OF-WAY ACQUISITION - SOUTHERLY EXTENSION OF INDIAN RIVER Rnt II FV4Rn The Board reviewed the following letter dated March 31,1986: BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (305) 567-8000 March 21, 1986 Suncom Telephone: 424-1011 0 Mr. Steve Henderson, Attorney at Law 817 Beachland Blvd. Vero Beach, F1. 32963 Subject: Indian River Boulevard - South Extension - Right -of -Way Patrician Enterprises Dear Steve, To clarify the options discussed during yesterday's meeting in the County Attorney's office applicable to deeding the 150' wide by 3301± long right-of-way parcel which is a portion of the South one-half of the North one-half of Government Lot 7, Indian River County, Florida, owned by Patrician Enterprises, the following is presented 43 E3ooK F,uc1499 BOOK 63 D'a OPTION #1 Right of Way Donation - Development density to be determined based on Gross Acreage of Parent Tract prior to right of way transfer. If this option is chosen, the owner would be allowed to construct the same number of units on the remaining parent tract that was allowed prior to donation. For example, if the applicable zoning were 10 units/per acre, approximately 100 units could be constructed on the remaining 9 acres if 1 acre were donated. All 'other current development conditions required by the County's code of ordinance would apply. a OPTION #2 Impact Fee Credit - As compensation for'donated right-of-way, the County could issue a credit to apply to the Parent Tract towards Transportation Impact Fees in the amount equal to the appraised value of the right-of-way. parcels. The impact fee per unit depends on the type of unit constructed. OPTION #3 Combination of Impact Fee Credit and Retainage of Development Density A combination of the.above options I and 2 could apply. This may result in partial development density transfer to the parent tract or impact fee credit for that portion of the right-of-way applicable. As per your recent conversation Don Finney, the County Right -of -Way agent, the value of the approximately 1 acre of proposed right-of-way has been determined to be $38,000. In addition, access to the property would be consolidated with neighboring property and a culvert would be installed to provide access to the property at the time of construction. Please contact me if you have any questions in this regard. Thank you for your cooperation in assisting the Public Works division to proceed with this needed project. Sincerely, Jame W. Davis, P.E., Public Works Director Public Works Director Jim Davis, referring to a map of the entire Boulevard alignment, pointed out the remaining properties south of the Tanen property yet to donate right-of-way for the Boulevard. The Patrician Enterprises property involves about 1 acre of right-of-way that is part of a 10 -acre tract, and in return for the donation of this right-of-way, they are requesting the County to consider a combination of impact fee credits and 44 � r � development density transfers. Our ordinance states that if a developer donates right-of-way to the County, then his development density can be based upon the gross acreage of his parcel prior to the right-of-way donation. In this case, Mr. Baker, who is representing Patrician Enterprises, has stated that they want to exercise a combination of impact fee credit and development density transfers. Staff has reviewed our ordinances and the County Attorney's office has indicated those options are available. Chairman Scurlock felt that by using this approach, they actually would end up with a little less density, rather than if they were required to stack the additional units. This way it is split, but it can happen only if there is a donation. He met with Mr. Baker of Patrician Enterprises and they have agreed to this. The only thing we must make clear is that they cannot get a density transfer and an impact fee credit at the same time. It is one or the other. You can split it, but you cannot get double. Director Davis asked for the Board's concurrence with the options as set forth in the letter to Attorney Steve Henderson. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Lyons and Bird being absent) approved the stipulations and the options to the right-of-way being donated by Patrician Enterprises based upon the letter to Attorney Steve Henderson dated March 21, 1986. Director Davis next reviewed the Schacht parcels, and explained that Mr. Schacht is a resident of Puerto Rico who has indicated he would be willing to donate the right-of-way for Indian River Boulevard and 8th Street as long as the County provides a resolution similar to the one on the Tanen property. 45 MAR 2 6 1986 Boa 6 U 4 09,4: MAR 2 6 1986 BOOK 63 F,tG ;10-25 Mr. Schacht's attorney has prepared that resolution, which is basically the same as the Tanen document. It is the same format and involves the same conditions concerning the right-of-way with the exception of the locations on the right-of-way. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bowman, that the Board adopt Resolution 86-13, accepting under certain conditions the donation of -right-of-way for the southerly extension of Indian River Boulevard from R. A. Schacht and Peggy Schacht. Commissioner Wodtke asked if there was anything in the Resolution that requires the Schachts to apply for a rezoning consistent with the Comprehensive Land Use Plan, and Chairman Scurlock explained that the proposed Resolution states that Mr. Schacht and his wife have indicated their intention to apply for a zoning consistent with the Comp Plan. Attorney Vitunac advised that they are not really required to do that, but are merely putting the County on notice that they are trying to get a higher density. We are merely acknowledging their intention, and not promising anything. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (3-0). 46 RESOLUTION NUMBER 86-13 WHEREAS, the Board of County Commissioners of Indian River County has ,determined that the construction of a southerly extension to Indian River Boulevard including improvements to connecting roadways such as Twelfth Street and Sixth Avenue is necessary to relieve traffic congestion along the U.S. 1 corridor; and WHEREAS, the Indian River County Public Works Division, in conjunction with private consultants, has prepared plans for the construction and the paving and drainage improvements necessary to complete the southerly extension of Indian River Boulevard and easterly extension of Twelfth Street; and WHEREAS, Peggy Jane Schacht, individually and as Trustee and R. A. Schacht and Peggy Schacht, his wife, are the owners of approximately 18 acres of property (said land being legally described in Exhibit "A" attached hereto) through which a portion of the proposed southerly extension of Indian River Boulevard; and WHEREAS, the property owned by Peggy Jane Schacht, individually and as Trustee and R. A. Schacht and Peggy Schacht, his wife, pursuant to the Comprehensive Land Use Plan of Indian River County has a land use designation of MD -2, medium density residential (up to ten units/acre); and WHEREAS, Peggy Jane Schacht, individually and as Trustee and R. A. Schacht and Peggy Schacht, his wife, have indicated their intention to apply for zoning consistent with the.. Comprehensive Lund Use Plan as to some 18 acres -of the aforesaid property; and WHEREAS, the Board of County Commissioners of Indian River County recognizes that the County would have to purchase from Peggy Jane Schacht, individually and as -Trustee and R. A. Schacht •nd r,2ggy Schacht, his wife, the property needed for the right- of-way or institute proceedings to acquire the property needed by the County for the Indian River Boulevard, which would require payment by the County of the fair market value of the property; and 1 MAR 6 16 BOOK F',a' MAR 2 6 1986 BOOK 6.3 FAGEld? NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida that: 1. Indian River County hereby accepts the donation and dedication of land for the southerly extension. of Indian River Boulevard, said land being more fully described in Exhibit "B" attached hereto. 2. Indian River County confirms and stipulates that the land described herein as Exhibit "B" which is to be contributed to the county is subject to Indian River County Code of Laws and Ordinances, Appendix A, Zoning Section 23.3(d)(1)(c) and the provisions of said law as of the date hereof shall apply to the property described in Exhibit "B" and.Exhibit "A". 3. Indian River County agrees not to assess any of the initial costs of paving, drainage and pedestrian and related improvements to Indian River Boulevard, Twelfth.Street and Sixth Avenue. against Peggy Jane Schacht, individually and as Trustee and R. A. Schacht and Peggy Schacht, his wife, or to their successors or assigns. 4. That the deeds from Peggy Jane Schacht and R. A. Schacht and Peggy Schacht, his wife, shall provide that if the construction of paving and drainage improvements to the southerly extension of Indian River Boulevard are not begun within five years from the date hereinafter set forth, then ownership of the property described herein shall revert to Peggy Jane Schacht, individually and as Trustee and R. A. Schacht and Peggy Schacht, his wife, or,their successors or assigns. 5. Indian River County will oversize the proposed Indian River Boulevard sewer line to the Vero Beach Waste Water Treatment Plant to accommodate the property described in, Exhibit "A" as zoned and in accordance with Zoning Section 23.3(d)(1)(c). The county will also request the City of Vero Beach to increase the waste water allocation to serve the properties described in Exhibit "A". Although sewer impact fees would still be required, line extension fees would not be necessary. y 6. Indian River County agrees that in the construction of the road, a positive drainage outfall will be provided for drainage overflow purposes to serve the property described in Exhibit "A" as well as all other property along the proposed Indian River Boulevard. The roadway has been designed to meet the State of Florida DER Water Quality Criteria established by Florida Administrative Code, Chapter 17-3. The resulting drainage swale system will be available to channel the overflow generated from abutting property exceeding the 10 year, 24 hour storm event. The design for road drainage should not restrict or impede the existing drainage but will allow for the overflow from adjacent properties and should improve the drainage. 7. Primary or secondary access to the property described in Exhibit "A" from the Indian River Boulevard extension will be provided. Primary access to the property described in Exhibit "A" will also be permitted along Sixth Avenue. The foregoing resolution was offered by Commissioner Wodtke who moves its adoption. The Motion was seconded by Commissioner Bowman and upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Absent Commissioner Richard N. Bird Absent Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the Resolution duly passed and adopted this 26 day of March. , 1986. r ATTEST: Freda Wright, CY Clerk to tL� Approved as to form and legal sufficiency B 0., LP .42 -.- Charles P. Vitunac County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: G 49 iviAk 2 6 1986 BOOK 6 3 Fc1 2's . , MA R, Mw I - BOOK 63 Fa:c4029 Director Davis reported that staff has been negotiating with the Fultz, White and Beal families and has secured fair market value appraisals for those properties. These property owners have indicated that they would like to have access onto Indian River Boulevard as well as fair market value. Basically, staff feels that if the County purchases the right-of-way at fair market value, that access to those properties should not be a consideration in the negotiations. What staff is asking today is for some direction on whether we should pay fair market value and grant access to the Boulevard also. The Boulevard is intended to be a limited access roadway and we have not been granting access during right-of-way acquisition negotiations and up to now we have not paid fair market value for any right-of-way either. Administrator Wright understood that staff is saying that we don't want to guarantee access if we pay fair market value. We recommend access be considered as part of the site plan regulations in effect at the time of development. We don't want to deny them access, but we don't want to guarantee it either. Director Davis stressed that staff does not recommend approving an access situation now that would enchance the value of the land. Commissioner Bowman suggested a frontage road at 8th or 4th Streets, and Director Davis felt that if access occurs along this portion of the Boulevard, it should be managed in such a way that access points are consolidated into either a frontage road or common access for two properties. However, it would be premature for us to comment on access at this time as we don't know how these properties are going to develop. He noted that the Fultz property has an easement to 6th Avenue. W. E. Roddenberry, attorney representing Mrs. Fultz, stressed that the problem is that this entire 150 ft. wide right-of-way is coming off the Fultz' property which has been in their family for 17 years. Normally, the right-of-way is taken from two sides of the road, but in this particular instance, 50 Vista Gardens has built right down to the property line and all the burden is falling on the Fultz side of the road. Sixth Avenue, to which all of these properties have access, has drainage problems. In Mrs. Fultz's case, she has a 10 -ft. easement that runs through the Tropic Square Shopping Center and where the asphalt drops off, it turns into a dirt road that goes downhill to her house. During a heavy rainfall, there is a torrent of water flowing down her driveway, and she is looking forward to getting access onto Indian River Boulevard. During negotiations with staff, Attorney Roddenberry understood that access for Mrs. Fultz's property would not be a problem, but now we are talking about a joint driveway along the Boulevard. Administrator Wright stated that staff has no problem with Mrs. Fultz applying for some type of access once the road is built, but what we are saying today is that if we pay full price, we don't want to guarantee access which would amount to paying in excess of the value of the property. The access issue should be handled on a needs basis. Attorney Roddenberry did not see how guaranteeing them access is paying more than fair market value, but Chairman Scurlock stressed that it -would not be a problem if Mrs. Fultz or her heirs continued to live there forever. However, if there was a guaranteed access to the Boulevard, he would assume that property could be marketed more easily than if it did not have access. Chairman Scurlock suggested guaranteeing access for single- family residences only and approve one driveway for the White & Fultz properties, which would be a right turn in and a right turn off of the Boulevard. Mrs. Fultz did not believe it was her fault that Vista Properties built so near the line, and all she is asking for is an access into her house from the Boulevard. Chairman Scurlock advised Mrs. Fultz that was what the County was going to do. 51 MAR 2 6 1986 BOOK. 63 Fmu, 230 PR 22 6 1986 BOOK 63 F',PEA311 Commissioner Wodtke understood that we are going to give access to the three properties for existing single-family dwellings only. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bowman, that the Board approve a single access for each of the Fultz, White and Beal properties for single-family residential use only. Commissioner Bowman objected to having 3 driveways accessing Indian River Boulevard, and wondered if we could have just one driveway with a connector to each of the 3 properties. Administrator Wright stressed that they already have access onto 6th Avenue. Attorney Robert Jackson advised that when he represented the Smeltzer family in their donation of right-of-way for the Boulevard, he never heard the terms "impact credit" or "density transfer." He stressed how precious our right of owning private property is in America and wished to have Mrs. Smeltzer's property included in those properties receiving access. Chairman Scurlock ascertained from staff that Attorney Jackson or his client had never been offered an "impact credit" or "density transfer" during any discussions or negotiations for right-of-way on Indian River Boulevard. He had assumed that if we are to acquire -right-of-way for the Boulevard at the lowest possible cost to the taxpayers, that every inducement, such as density transfers and impact fee credits, would be used, and could not understand why these people were not advised of these options. However, the question now is whether the attorneys of the families involved want to consider impact credits or density transfers for their clients at this time. Attorney Roddenberry stated that the Fultz's do not want to consider these options, they just want access to the Boulevard. 52 � - r Director Davis felt that the best way to do this would be to provide a common access for the Beal and Smeltzer properties under their existing land use and another for the Fultz and White properties. There would be two driveway connections on to the Boulevard, right turn in and right turn off. Administrator Wright noted that all we are trying to protect is the integrity of the road if the property develops at a much higher density, and Chairman Scurlock believed Commissioner Wodtke's Motion would accomplish that objective because it only applies to single-family houses. If they ever start to develop it as commercial, they will have to come in with a site plan. COMMISSIONER WODTKE agreed to add the Smeltzer property to his previous Motion. The Motion was voted on and carried by a vote of 2-1, Commissioner Bowman dissenting. Commissioner Wodtke believed the Commission would prefer the four families to work out a common access rather than having four separate driveways onto the Boulevard. Attorney Roddenberry -asked if the construction of the joint accesses could be included in the Indian River Boulevard project, and Director Davis advised that placing the culvert and making a curb cut could be done when the road is built, but the driveway would be at their cost. Director Davis reported on the status of the remainder of the parcels. Staff is still negotiating on the Postweiver parcel and we are waiting for the mortgage release on the Cronin property. Negotiations for the two small parcels at the 4th Street connection, the Zippy Mart parcel and the Vista Properties' parcel, will complete the acquisition of the Indian River Boulevard right-of-way. What staff would like to do is go out for bid on the Boulevard and the 12th Street widening along 53. q MAR 2 6 1986 BOOK f'aci�a�� MAR 2 6 1966 BOOK 63 with the 8th Street connection, and phase the construction so that the Boulevard and the 8th Street connection is built first. Once that is open, we could do the heavy construction in the 12th Street corridor and divert traffic to 8th and 16th Streets. . - Administrator Wright advised that the Board has already given authorization to go to bid, but Director Davis stated that this was just for the Board's information. SANDRIDGE GOLF CLUB - CONSTRUCTION CONTRACT Attorney Vitunac explained that the Board actually approved this contract several weeks ago, but there are several changes and staff feels that the Chairman should sign the contract as it now stands. Administrator Wright reviewed the following changes to the standard AIA contract with Guettler 8 Sons, Inc. for the construction of the new County golf course at Kiwanis-Hobart Park: Schedule of Values Under Item (C) with respect to earthwork, it notes that lakes will be dug as per plan, subject to a minimum 6 to 1 slope, top of bank to lake bottom with a lake bottom elevation of 11. Administrator Wright felt that we need a clear understanding with the Architect as to how much earth is going to be removed under the lump sum contract. He did not feel there would be a problem, but we have to clarify the matter before the Chairman actually signs the contract. Amendment to Proposal, dated 3-7-86 II. IRRIGATION Add: "to include the installation of the irrigation system." V. OPTIONAL TERMS B. Administrator Wright felt we need to specify the retainage amount at being 15% per category. 54 C. The "County" should be changed to read: The "Contractor" will use a qualified "shaping foreman" that is acceptable to the Architect. Administrator Wright advised that the recommendation is for the Chairman to sign the contract subject to the definition of the amount of dirt to be removed and the depth of the lakes. Chairman Scurlock wondered how they could have an amount included for irrigation if they have not decided yet on which type of system to use, and Administrator Wright explained that the figure included is for installation of an irrigation system. At a prior meeting the Board authorized them to pull out the irrigation materials as a separate item and purchase them, but the Board still needs to make a decision as to what system to go with, either the Toro or the Rain Bird. Chairman Scurlock felt that one of the problems with us buying the materials is who is going to guarantee what. Generally, when you have one package, the firm guarantees both the materials and the labor. Administrator Wright stated he would discuss that with the Architect and the Contract.or. Chairman Scurlock also noted there is no glue or teflon tape included in the list for irrigation materials, and Administrator Wright stated that they have not finalized the materials list as yet and that is not part of this contract. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) authorized the Chairman's signature to the contract with Guettler & Sons subject to the finalization with the Architect of the settlement of the warranty issue on materials vs. labor and the amount of dirt to be removed and the depth of the lakes. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD --55 MBAR 6 1966 Bo�K 6 pm, 4^34 MAR 2 6 1996 BOOL{ 6 r4U�135 APPOINTMENT OF COMMISSIONER TO DATA PROCESSING COMMITTEE The Board reviewed the following memo dated 3/20/86: TO: County Commission DATE: March 20, 1986 FILE: SUBJECT: Data Processing Committee FROM: Alice E. White REFERENCES: Administrative Aide I The County Commission has never made an appointment to the new Data Processing Committee. One Commissioner should be appointed to serve. I ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (3-0) appointed Commissioner Lyons to the Data Processing Committee. COMMITTEE APPOINTMENTS The Board reviewed the following letter dated 3/24/86: Cio of Vero Beach 1053 -20th PLACE - P. 0. BOX 1389 IJIAP 1986 -vj VERO BEACH, FLORIDA - 32961-1389 '5a! RE:=V M Telephone: 567-5151 OFFICE OF TX f2 ry®n ny CITY CLERK �7'CORMIf()t4 March 24, 1986 Mrs. Liz Forlani Administrative Aide County Administration Building 1840 25th Street Vero Beach, Florida 32960 Dear Mrs. Forlani: This is to advise you of the following appointments made by the City Council at their meeting of March 18, 1986: 56 Beach Restoration & Preservation Committee - Ken Macht Indian River County Parks & Recreation Committee - Mike Wodtke South Indian River County Fire District Advisory Committee - William Cochrane and John Acor County Transportation Planning Committee William Cochrane Economic Development Committee - Ken Macht If you need any further information, please do not hesitate to let me know. Sincerely, Irene B. Young Deputy City Clerk ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously approved the City of Vero Beach recommendations for appointments to the five County committees named above. DOCUMENTS TO BE MADE PART OF THE RECORD A. Lease Agreement between IRC and Economic Opportunities Council of Indian River County, Inc. for rental of Douglas School - approved at the meeting -of January 8, 1986 57 BOOK 63 PA E 36 BOOB 63 f -,J&37 THIS LEASE, executed this 8th day of January , 1986, by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereinafter referred to as the "LESSOR", and the ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY, INC., a corporation existing under the laws of the State of Florida, hereinafter referred to as the "LESSEE": W I T N E S S E T H: WHEREAS, Lessor is the owner of certain land in Indian River County known as the Douglas School which Lessor is not now using and which Lessor does not contemplate using in the foreseeable future; and WHEREAS, it is desirable in order to provide for the health, welfare and general good of the citizens of Indian River County that land be provided for Lessee for its use in maintaining offices and a child development center; and WHEREAS, THE Lessee has indicated its willingness to improve the property hereinafter described and to maintain thereon offices and a child development center; NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations and of the covenants and agreements herein contained, the Lessor does hereby let, demise, and lease unto said Lessee the following described property situated in Indian River County, Florida, to wit: -1- r M M M LEGAL DESCRIPTION Beginning 210 feet, South of the Northeast corner of Northwest 1/4 of the Northwest 1/4 of Section 32, Township 31 South, Range 39 East, and running South 420 feet; thence West 210 feet; thence North 420 feet; thence East 210 feet to point of beginning, said tract containing two acres more or less, together with the parcel described as: From the Northeast corner of the Northwest quarter of the Northwest quarter, Section 32, Township 31 South, Range 39 East, run South 210 feet to a point; thence run West 210 feet to the point of beginning; thence run West 231 feet; thence run South 780 feet, then run East 441 feet; thence run North 360 feet; thence run West 210 feet; thence run North 420 feet to the point of beginning. TO HAVE AND TO HOLD the same for a term of Twenty ( 20 ) years from the date hereof. 1. It is understood and agreed by and between the parties hereto that the above described premises shall be used exclusively for offices and a child development center for the use and benefit of the public who desire to use same through Lessee and that Lessee will make all the necessary improvements on said property in order to convert the same into offices and a child development center and will, at its own expense, maintain the same as such during the term of this Lease. 2. The Lessee agrees not to use or permit the use of said premises, or any part thereof, for any unlawful purpose or offensive use, and further agrees that the same shall be used solely for the purpose of maintaining and operating the same as offices and a child development center or other community services. Lessee agrees that the leased premises will be held open as a community building which may be used by the community under reasonable terms and conditions. 3. This Lease shall not be assigned and no part of the leased premises shall be sublet nor used for any purpose other than that expressed in this Lease without the express consent of Lessor. Any public body or other entity which sublets any portion of the leased premises shall carry insurance as described in paragraph 7. MAR' 26 1986 -2- BOOK 63 FtjdM8 , n,�1f o MAR 6 1986goor Fr 0� 4. In the event of the failure on the part of the Lessee to comply with any of the terms or conditions of this Lease on its part made and provided to be performed, the Lessor may, upon written notice to the Lessee, declare this Lease in default and, after ninety (90) days of uncorrected default, Lessor may terminate this Lease. 5. Any and all improvements made by the Lessee shall become the property of the Lessor at the time of the expiration of this Lease and further Lessee shall make no claim on any of said improvements. 6.._ Lessor shall reserve to itself the right to let, lease or allow use of any other portion of the Douglas School site not leased to Lessee for any public purpose, provided such does not unduly interfere with the operation of Lessee's operation of offices and a child development center. 7. Lessee, at Lessee's expense, shall provide and carry, in addition to fire insurance, liability insurance coverage in an amount of not less than TWO HUNDRED THOUSAND DOLLARS ($200,000.00) per individual injury, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence. The Lessor shall be named a co-insured and copies of said policy mailed to Lessor annually. 8. Lessee agrees to indemnify and hold Lessor harmless for every and all claims that may arise from Lessee's use of the demised premises, including court costs and attorney's fees. 9. Lessor agrees, at its own expense, to remove or have removed an old wooden frame structure on the east side of the property within 180 days of the date of this Lease. IN WITNESS WHEREOF, this Lease has been executed in the name of and on behalf of the Lessor by its Chairman attested by its Clerk, who have been duly authorized by the Board of County Commissioners of Indian River County so to do, and on the part of the Lessee by its President and Secretary who have been duly authorized by its Board of Directors so to do, on the day and year first above written. -3- M Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 17 � By: 4= DON C. SCURLOCK, JR., Chairman ssor Approved as to firm and legal suf� e ncy Bruce 8,-k^tt Asst. Cc,'v `' 'ev e �As to Lessee STATE OF FLORIDA COUNTY OF INDIAN RIVER Attest: Freda Wright, "LESSOR" ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY, INC. Y:- - President Attest Zle Secretary "LESSEE" 0/7P G� Personally before me, the undersigned officer, author' ed under the laws of said State and County to administer oaths and ake acknowledgments, appeared DON C. SCURLOCK, JR. and FREDA IGHT, known to me to be the Chairman and Clerk, respectively, of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, who acknowledged before me that they executed the within and foregoing Lease under the authority duly vested in them by the said Board. WITNESS my hand and eal at Vero Beach, eah, said County and State, this day of , 19 NOTARY PBLIC My Commission expires: NOTARY PUBLIC STATE OF,fLORIDA STATE OF FLORIDA Amy commisSION EXPIRES JULI, 8 1986 COUNTY OF Personally before me, the undersigned officer, authorized under the laws of the State and County last aforesaid to administer oaths and take acknowledgments, appeared Alphonso Davis and AWIL P l.Od£, known to me to be the President and Secretary respectively of the ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY INC., who acknowledged before me that they executed the foregoing Lease under the authority duly vested in them by the said corporation. 9 WITNESS my hand and official sMi; ,�'�i�ti,�. in the County and State aforesaid, this ay of , 1986. Notary Publicy My Commission Expires: `. 101aryl Public, State of Florida at Large W Zommission Expires Aug. 29. 19W _4 MAS 2 6 196 BOOK 63 P,�1,4640 c� MAR. 2.6 ` 9 BOOK � There being no further business, the Board on motion duly made, seconded and carried, adjourned at 11:40 o'clock A.M. ATTEST: _-- - _-- Clerk Chairman 62 � r i