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HomeMy WebLinkAbout8/6/198610 1 Wednesday, August 6, 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, August 6, 1986, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were L. S. "Tommy" Thomas, Acting County Administrator; Bruce Barkett, Assistant County Attorney; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Russ Burns, Westminster Presbyterian Church gave the invocation, and Acting Administrator Thomas led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Bird requested that an item be added in regard to the bid for the golf course maintenance building right after the Consent Agenda. Acting Administrator Thomas requested that a change order for Sandridge Golf Club involving the arrangement for handling of effluent be added and discussed at the same time as Commissioner Bird's addition. Chairman Scurlock wished to add an emergency bid for a vehicle for the South County Fire District under the Fire District's items. Commissioner Lyons later in the meeting requested the addi- tion of an item re central dispatch out of the Sheriff's Department. A UG 6 1986 BOOK 65 FA U� 272 AUG 6 1966 BOOK 65 ma', 273 ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wodtke, the Board unanimously added the items described above to today's agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or addi- tions to the Minutes of the Regular Meeting of July 2, 1986, or to the Minutes of the Special Meeting of July 15, 1986. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Com- missioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of July 2, 1986, and the Minutes of the Special Meeting of July 15, 1986, as written. CONSENT AGENDA Commissioner Bird asked that Items I, J and M, be removed from the Consent Agenda for discussion. A. DER/Army Corps/DNR Permit Applications (Falk - Taronto) The Board reviewed memo of Staff Planner DeBlois: 2 1 TO: The Honorable Members DATE: July 28, 1986 FILE: of the:Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND D.N.R. PERMIT APPLICA- SUBJECT: TIONS Ro ert Keatir0, A,117P Planning & Developmerft Director THROUGH: Art Challacombe Chief, Environmental Planning Section FROM: Roland M. DeBlois REFERENCES: Falk DER ` Staff Planner R111p DIS:ROLAND/TM#86-577 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on August 6, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO.S 31-122747-4 AND 31-122749-4 APPLICATION DESCRIPTIONS: 1) Application No. 31-122749-4 Applicant: Robert Falk c/o Norlight 2922 Cardinal Drive Vero Beach, FL 32963 Waterway & Location: The project is located in the Indian River adjacent to Lot 42, Moorings Subdivision, Unit 5 ("The Anchor"), Section 21, Township 33 South, Range 40 East, Indian River County, Florida. The upland property associated with the project is 142 Anchor Drive, consist- ing of Lots 41 and 42, located in the unincorporated portion of the County. Work & Purpose: The applicant proposes to construct a single family 3 -slip private dock, described as being a 6' x 12' , 4' x 31' , 6' x 33' T -dock with 3' x 36' and 4' x 33''marginal docks (total area: 654 square feet), The proposed dock is to extend 22 feet waterward, to where water depth equals minus seven (-7) feet. No dredging or filling is to occur. 2) Application No. 31-122747-4 Applicant: Dominick Taronto 207-22 Northern Blvd. Bayside, Queens, NY 11361 Waterway & Location: The project is located in the Indian River in Bethel Creek, adjacent to Lot 11, Block 10, Unit 3, Bethel By The Sea Subdivision, Section 29, Township 32 South, Range 40 East, Indian River County, Florida. The upland property associated with the project is 665 Live Oak Road, located in the City of Vero Beach. Work & Purpose: The applicant proposes to construct an L-shaped single boat private residential dock, having a 4' x 30 main access dock with a 6' x 33' terminal platform (total area: 318 square feet). The proposed dock is to extend 26 feet waterward, to where water depth equals minus six (-6) feet. No dredging or filling is to occur. 3 BOOK 65 uu.274 A U G 6 IS66 Boos 65 FACE 275 1 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 Zone Management Element of the Indian River Comprehensive Plan - Coastal Zone Management, Interim Goals, Objectives & Poli- cies for the Treasure Coast Region - The Hutchinson Island Resource Planning & Management Plan - The Code of Laws & Ordinances of Indian River County - Chapter 16Q-20, Florida Administrative Code Chapter 16Q-20 of the Florida Administrative Code sets forth specific construction standards for private residential singi.= docks to be located in the Indian River Aquatic Preserve, among which are the following criteria: Any main access dock shall be limited to a maximum width of four (4) feet (16Q-20.04 (5) (b) (1) , F.A.C.) The dock will extend out from the shoreline no further than to a maximum depth of minus four (-4) feet (mean low water) (16Q -20.04(5)(b)(3), F.A.C.) Terminal platform size shall be no more than 160 square feet (16Q-20.04 (5) (b) (6) , F.A.C.) Both of the proposed docks exceed the maximum depth and termi- nal platform size standards of Chapter 16Q-20, Florida Admini- strative Code. The dock proposed by Applicant Falk also exceeds the maximum width requirement for the main access dock. In addition, Section 16Q-20.03(23), Florida Administrative Code, defines a private residential single dock as having a maximum of two (2) boat slips, in contrast to Applicant Falk's proposal to construct a three (3) slip dock. The Indian River County Code of Laws and Ordinances specifies that residential dock structures are accessory uses to a principal residential use. In order to construct the proposed dock at 142 Anchor Drive, Applicant Falk must first establish a principal structure on* the adjacent lot(s). The dock proposed at 665 Live Oak Road is in the City of Vero Beach and therefore not subject to Indian River County Code requirements. RECOMMENDATION: Staff recommends that the Board of County Commissioners autho- rize staff to transmit a letter to the D.E.R. with the follow- ing comments: 1) No dock construction shall be permitted by Indian River County until the requirements of all local ordinances related to dock facilities and mangrove protection have been addressed. 2) Review of the proposed dockage facilities indicates that the projects do not satisfy criteria set forth in Chapter 16Q-20, Florida Administrative Code, relating to the Indian River Aquatic'Preserve. T i 3) The Department of Environmental Regulation and other appropriate agencies should consider the potential cumula- tive impacts of the dockage project upon the Florida Manatee. 4) The Department of Environmental Regulation and other appropriate agencies should evaluate the potential impact of the project on ecologically significant submerged bottomlands such as seagrass beds in the Indian River. ON MOTION by Commissioner Bird, SECONDED by Com- missioner.Bowman, the Board unanimously authorized staff to transmit comments to the D.E.R. as set out in the above memo. B. Deed of Easement to Southern Bell Tel, & Tel. Co. The Board reviewed memo from County Attorney Vitunac: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: July 9, 1986 RE: CONSENT AGENDA - BCC MEETING 8/6/86 On May 27, 1986, the Board of County Commissioners approved giving an Option to Southern Bell for Southern Bell to obtain an Easement on certain County property. (See Exhibit A-1 attached hereto.) Pursuant to the Option, Southern Bell has given the County its Notice of Intention to Exercise the Option which requires that the County execute the Deed of Easement attached as Exhibit 2. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved Deed of Easement to Southern Bell Telephone and Telegraph Co. and authorized the signature of the Chairman. 5 ,AUG 6 1986 BOCK 6 5 FnH 216 rAUG 6 1986 DEED OF EASEMENT BOCK 65 rAHL 277 7 The undersigned owner(s) of the premises herein described ("Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are acknowledged,, hereby grant, sell and convey to Southern Bell Telephone and Telegraph Company, a Georgia corporation, authorized to do business in Florida, whose post office address is 20A53 Southern Bell Center, Atlanta, Georgia 30375, its successors, assigns and affiliated and associated companies ("Grantee"), an exclusive easement for the construction, operation and maintenance of: 1. Telecommunications electrical equipment structures commonly described as. 80 TYPE CABINET or substantially -similar equipment structures; 3. Buried cables and wires, cable terminals, markers, splicing boxes and pedestals; 4. Conduit, manholes, underground cables and wires; 5. Driveways or other vehicular access; and 6. Other amplifiers, boxes, appurtenances or devices; as well as appurtenant facilities reasonably required for the support, use, operation and maintenance of such equipment structures to be installed from time to time with the right to reconstruct, improve, add to, enlarge and remove the same on, in or over the premises described in the attached Exhibit "A" ("Premises"): Grantee may allow any other person to construct wires or lay cable or conduit within the Premises for water, communications or electric power transmission or distribution. Grantee shall have the right of ingress, egress and regress to and upon said Premises at all times for the purposes of installing, constructing, operating, inspecting, maintaining and repairing its facilities. The Grantee shall have the right to clear and keep the Premises clear of all trees, undergrowth or other obstructions and to trim, 'cut and keep trimmed and cut all dead; weak, leaning or dangerous trees or limbs outside the Premises which might interfere with the lines or systems of communication or electric power serving the Grantee. The grant of this Easement shall in no way restrict the right and interest of the Grantor in the use, maintenance and quiet enjoyment of the Premises to the extent that such ,use does not interfere with the rights granted herein. Any ad valorem taxes accruing from Grantee's improvements shall be chargeable to and.paid by Grantee when due if separately assessed by the taxing authority as the personal or real property of Grantee. The Grantee shall be liable for personal injuries and damage to real or personal property that may result from its use of the Premises, and shall indemnify the Grantor in the event Grantor is required to pay any claim arising from said use by Grantee. This' Easement shall run with the land in perpetuity and shall be binding on and shall inure to the benefits of the parties hereto, their successors or assigns. Grantor covenants that it is the fee simple owner of the Premises, has full right, title and capacity to grant this Easement, that the property is free and clear of.any encumbrances or liens of whatsoever character, except that certain mortgage, identified and made subordinate to this Easement by Exhibit "B" attached. hereto, and- that it will defend the same against the claims of all parties. 6 IN WITNESS WHEREOF, the undersigned Grantor has executed this Deed of Easement, this (e day of _ , 19&. Signed, Sealed and Delivered the presence of: GRANTOR: '4e r, Don C. Scurlock Jr. (SEAL) WIT 17 J� G 6�2�1 M . : f w 'r kil t a Z- - re.4Cr B - _z- - /ND/.4N /1/VER rMMS CO. SUB . TITLE:. Chairman (/ (SEAL) Board of County Commissionersl Indian River County, FLORIDA MMIBIT `"An I 25' i O O 324.43' — J �0' Q '/Ozer 90) 41 I 14 SECT/OR'' i_ /NE SKLMIi 01- SURVEY A utility easement contained in lot 01 0060'00002.0, Indian River farms CO SUET PBS 2 25 W 10 A of I: 20.54 of TR 6, and further described a.,; foll(.)ws: BL,giru-iin *-i.n the sotith c,ri�t corner of the property descrilx�d tltx:)vc proceed clue Wast a distance of 10 feet, Lhence due South n di.stmice of 10 fccr to the Point of Be�,Jiininp,. Mid property .being la.•.ited in Indian River County, Florida :ind loiic,itcd in Section 21, Township 33S and RIrWC Nl_7I'1� S 1. lk•sc•ript ion tts pn iv i de(J by Southern Bc 11. f r : • MORGAN & EKLUND V940 U^CM ►L 22960 60CA RATON I6 22222 PROFESSIONAL SURVEY CONSULTANTS mos69:2t• 3os26sso9s §OiNVOARY 6 MORTGAGE • ROUTE •COW I WJCTM • TO/OGRAftM 9 CONTROL • NYOROGRAPH C WJWKYs 7 AUG6 1986 BOOK 65 ut'; 2.78 /" = 20' AUG 8 1936 Bou 65 I ra. E 2i i C. Final Plat Approval - The Plaza at Vero (Luria's) The Board reviewed memo of Staff Planner Boling: TO: The Honorable Members of DATE: July 28, 1986 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: FINAL PLAT APPROVAL FOR Roielr t M. Keat%tng, CP SUBJECT: THE PLAZA AT VERO Planning & DeVelop6ent Director THROUGH: Michael K. Miller AAKµ Chief, Current Development '-t FROM: Stan Boling /J•/S• REFERENCES: plaza at Vero Staff Planner STAN2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 6, 1986. DESCRIPTION AND CONDITIONS: The Plaza at Vero is a plat of the existing Luria's Plaza Shopping Center parcel located on U.S. Highway #1, immediately south of Indian River Plaza. This single parcel, approximately 16 acres in size, is being platted to satisfy a condition of a site plan approved for a remaining building in Luria's Plaza. The plat is also being used to dedicate limited access easements, ingress/ egress easements, and utility easements. The subject property is zoned CG (General Commercial) and IG (General Industrial), and has a MXD (Mixed Used District) land use classification. ALTERNATIVES AND ANALYSIS The existing shopping plaza has access onto U.S. Highway #1 and 10th Avenue. Along the U.S. Highway #1 frontage, the plat provides for limited access easements that will give the County control over access to the highway. A traffic light, at the U.S. 1/Indian River Plaza entrance intersection, is to be completed in conjunction with the approval of this plat. Also provided are public access easements and an agreement between Luria's Plaza and Indian River Plaza that is to allow for open access between the two centers. The plat also designates utility easements that are needed for proper access and maintenance. All of the appropriate County departments have reviewed the plat, and have indicated that it is acceptable for final plat approval. RECOMMENDATION Staff recommends that the Board of County Commissioners grant final plat approval for the Plaza at Vero. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously granted final plat approval for The Plaza at Vero. 8 r14 D__Landscaping 6 Irrigation -_I_R.Blvd. South Extension_ Median The Board reviewed memo of the Public Works Director: The Honorable Members of the July 23, 1986 TO: Board of County Commissioners DATE: FILE: THROUGH: Tcan(y Thomas, Acting County Administrator SUBJECT: Landscaping and Irrigation of Indian River Boulevard South Extension Grass Median Strip FROM:James W. Davis, P.E. C REFERENCES• Bill DeBraal, Urban Public Works Director orester, to Jim Davis dated July 15, 1986 DESCRIPTION AND CONDITIONS The Urban Forester has suggested that the Indian River Boulevard South Extension project include irrigation and landscaping in the proposed grass - median. Landscaping does exist north of the existing south terminus and along 17th Street. The initial cost involves providing PVC sleaves beneath the road to serve the median irrigation. - RECCR41MATION AND FUNDING Staff recommends that PVC sleaves be installed beneath the southbound lanes of the Boulevard at a cost of approximately $300 and that the Urban Forester be authorized to design the landscaping. Funding to be from Fund 304. 6 ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously authorized the installation of PVC sleeves beneath the south- bound lanes of Indian River Boulevard south extension at a cost of approximately $300 and authorized the Urban Forester to design the landscaping; funding to be from Fund 304. E. Final Payment, Engineering Services - South Extension I.R.Blvd &T� t Fi_S't . improvements The Board reviewed memo of the Public Works Director: 9 BOOK 65 u'c 280 AUG 6 1981 Fr,-- I AUG 6 1986 soox 65 Pn 281 TO: The Honorable Members of the DATE: July 23, 1986 FILE: Board of County Commissioners THROUGH: Tommy Thomas, Acting County Administrator SUBJECT: FINAL PAYMENT - Engineering Services for Southerly Extension of Indian River Boulevard and 12th Street Improvements FROWfes W. Davis,r4 REFERENCES: Don Hicks, Kimtey-Horn Public Works Di recto soc. to Indian River Co. dated July 11, 1986 DESCRIPTION AND CONDITIONS The Engineering Design of the subject project is complete and the Consultant, Kimley-Horn & Associates, is requesting final payment in accordance with their contract dated April, 1984. The following additional work was authorized as follows: 1) U.S. Coast Guard Bridge Permit - Environmental Assessment - Authorized $4,500 by Board of County Commissioners on May, 1985 - Final invoice cost is $5,053.78. 2) Roadway Improvments to serve Vista Gardens/Vista Properties - Work authorized by Board of County Commissioners in December, 1985 - Engineering Cost $3,000. The following additional engineering was necessary Vero Mall Entrance Modifications so that right-of-way would be donated $1,000 The final engineering cost is summarized as follows: Original Contract amount $204,000.00 Additional Bridge Permit work 51053.78 Vero Mall modifications 1,000.00 Vista Properties roadway 3,000.00 $213,053.78 RECOMMENDATION AND FUNDING Staff recommends the above compensation be approved and final billing in the amount of $31,072.29 be approved. Funding to be:from Fund 304 - Gas Tax Revenue. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved the compensation listed above and the final billing in the amount of $31,072.29; funding to be from Fund 304 - Gas Tax Revenue. 10 . of F. Engineering Services - Bridge over Main Relief Canal Serving Qe r o-9 e a cfi-Co U n t y-CTu6-Area The Board reviewed memo of the Public Works Director: TO: The Honorable Members of the DATE: July 23, 1986 FILE: Board of County Commissioners THROUGH: Tommy Thomas, Acting County Administrator SUBJECT: Request for Engineering Services - Bridge over Main Relief Canal Serving Vero Beach Country Club Area FROM:James w. Davis, P. E. REFERENCES: Donald H. Hicks, Kimley- Public Works Directo Horn and Assoc., to Jim Davis dated July 2, 1986 DESCRIPTION AND CONDITION The Engineering Department has prepared engineering drawings for the subject project following a similar design that was used by Kimley-Horn and Associates for the South Indian River Boulevard Bridge. Precast" prestressed bridge components are being used:. Whereas the Engineering Department is confident that the plans are complete, the staff recommends that a structural bridge engineer review the drawings for structural adequacy, proper detail, and su<miary of quantities. Kimley-Horn and Associates was asked to submit a proposal for this work, a copy of which is attached. ALTERNATIVES AMID ANALYSIS Kimley-Horn's proposal to perform this work for $3,200 is reasonable and acceptable to the staff. RECOMMENDATIONS AND FUNDING It is reccm ended that the proposal frcn Kimley-Horn and Assoc. be approved and that funding in the amount of $3,200 be allocated from the FY85-86 Public Works Division and Engineering Department budgets. Line transfers from capital to operating expenses may be required. 11 AUG 6 1986 BoaK 5 uU' X82 Fr,_ AUG BOOK 65 r,,�GE 283 3lTdASSOCaates, IS= 4431 Embarcadero Drive, West Palm West Palm Beach, Tampa, Orland94 • Raleigh, Durham, Charlotte, t)69�' 0 July 2, 1986 to; Mr. Jim Davis, P.E. Public Works Director Indian River County 1840 25th Street Vero Beach, FL 32960 Re: Review of Bridge Plans for Main Relief Canal on County Club Drive Dear Jim: We, Dallas.%Atin. P6 J 1,986 (305) 845-0665 �m city, C„1 In accordance with in Michelle Terry's letter and a review of the prints that were enclosed, and our telephone discussion of July 2, 1986, we are pleased to submit our proposal to review the subject bridge plans. Specifically, we will provide the following Scope of Services. 1. We will make a structural check of the prestressed slab units. 2. We will review the -.remaining bridge components to determine they are in conformance with good design practice and are sufficiently detailed for proper construction assembly. 3. As requested in Ms. Terry's letter, we will furnish a new bar listing for the subject bridge. 4 As you requested, we will provide a summary of estimated bridge quantities (which can be used as a bid tabulation). 5. We will make comments on the set of prints we received, with final plans preparation to be conducted by your staff. We will provide the above services for a lump sum fee of $3,200.00, and will submit our billing upon completion of the work. We will complete our work on or before July 25, 1986, and will begin work upon receipt of this letter being executed. If you concur in the foregoing and wish to direct us to proceed with the aforementioned work, please execute the enclosed copy of this letter i agreement in the space proved and return the same to the undersigned. i Fees and times stated in this agreement are valid for sixty (60) days after the date of agreement by the engineer. i We appreciate the opportunity to submit our proposal for this i important assignment, and look forward to its approval and an early ' execution of this agreement so we can proceed with the work. DHH: acd Very truly yours, KIMLEY—HORN AND ASSOCIATES, INC. Donald H. Hicks, P.E. Senior Associate _ 12 r L-7 ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved the proposal of Kimley-Horn; the funding of the $3,200 to be allocated from the FY85-86 Public Works and Engineering Division budgets. G. Changes to GDU's Sewer Tariffs The Board reviewed memo from Assistant Utilities Director Barton: TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 29, 1986 THRU: TERRANCE G. PINTO FROM: JEFFREY K. BARTON� SUBJECT: CHANGES TO GDU'S - SEWER TARIFFS Background and Conditions General Development Utilities has submitted two sheet changes to their Sewer Tariff. The changes are as follows: ' 1) Revised Sheet 3.0 - Territory served update to reflect Resolution 83-109. 2) Revised Sheet 18.0 - Redesigned application for New Residential Service. Recommendation Indian River County Utilities Staff recommends that the Board of County Commissioners approve the administrative changes to the GDU's Sewer Tarrif. 13 BOOK 5 FA;E 284 ,Rm 65 Fina 285 General Development Utilities, Inc. Second Revised Sheet 3.0 Vero Shores/Vero Beach Highlands Division Cancels First Revised Sheet 3.0 Sewer Service TERRITORY SERVED All that territory known as Vero Shores and Vero Beach Highlands, Indian River County, Florida. being described more fully in the following: All of the East } of Section 35, and all of Section 36 of Township 33 South, Range 39 East; and the Southeast I of the Southeast } of Section 30, that portion of the Southwest } of the Southwest I of Section 29 bounded on the East by the Indian River West Shoreline, all of Section 31. and that portion of the West } of Section 32 bounded on the East ?-, the Indian River West Shoreline in Township 33 South, Range 40 East. General Development Utilities, Inc. Second Revised Sheet 18.0 Vero Shores/Fero Beach Highlands Division Cancels First Revised Sheet 18.0 Sewer Service iy APPLICATION FOR NEW RESIDENTIAL SERVICE General Development Utildies, Inc. f Name Mailing Address _ Service Location _ Property Titleholder NEW RESIDENTIAL SERVICE if DIFFEREr•T rmm AaOV11 I • • '• •: Est. Date (•a�i.ii'` ~I. }� Type of Service: Water ❑ Sewer ❑ Service Required t :: °a,•`.. 1 Division • • "�tSi :h° ::ti ( Rte Seq ..ii. ' PtatfSeciion/Unil LOt/SlockfTtact 1 t AGREEMENT . • .`..:::t.�.:.� f !: } UTILITY will provide service upon payment of Ih in accordance with UTILITY'S Service Avallabilit arges• S. - • '' +.`` �:., ;j" Y and Main Extension Policy approved byy the Florida Public Service Commission or other local regulatory authority, The Policy pro - :1. vides for a water and/or sewer plant allocation of gallons per day per residential connection• as defined in Ice Policy. UTILITY will not be obligated to provide caped.' i ry or service in excess of that allocation and may r exceeds such allocated capacity. equire consumers to curtail use which, -,i , ••r,x i Ysr .r......:j�: t� ..t i .(rifler '1: ' M:�.• �i � : • 6 fir- iii•• � l•�: r' }rI r .-t! r.a., t ii �',i;t11( i�• 4y•t't: tw'• Crrisiwr a'e^r■+.. :1,:� ir+ • .• ori • r ,, i'' .:f i t^•j •:it::�, :.rJ�yS'•I'in F•r•�•ri( PAYMENT S DATE RECEIVED I3Y APPROVED BY DISFnIOW1Or[ while - Fa, r•iio.. Canawrw i 14 weler Plant Capacity Charge 30J ACCOUNT CG:ti\_CTIOM C* -W -GES Single Forney 1." meter god x i__ 1" meter god x $te_ 1'A" malar god a f Mobile Hama god a 3 S Water Main Line Extension Charge. fL (footage fronting an main) x S��, S Flea Hydrant Chems Per Lot x = _ Water Meier Connection Charge Its" Carrying Cost Recovery Charge (CCRC/AFPq Less Utility Commitments:• — Utility ($ Escrow IS 1 O(s TOTAL WATER CHARGE S Sewer Plant Caoactiy Char: Single Family (tis malars) e_ god x S Mobile Home god x s S Sewer Main Line Exiensron Charon: 4. 0001899 homing on roam) ■ S S INotir aletudea sewer laUral cost at—��— Cer�r mng Cost Recovery Charge (CCRC1AFPp s Less Utility Commrlment: — UbMy Escrow (So) Other (S ) (S TOTAL SEWER CHARGE S TOTAL WATER 6 SEWER CHARGE S • UTILITY COMMITMENTS Q Utility Escrow O Water otter ❑ Waler A Sewer POS sower prograrn ❑ Othar ❑ $ewolterrq program V C-- raa.•.r ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved the administrative changes to GDU's Sewer Tariff as described above. H. Bid # 296 - Concrete Strain Poles The Board reviewed memo from Purchasing Manager Goodrich: TO: Board of County Commissioners DATE: July 30, 1986 FILE: THRU: L. S. "Tommy" Thomas SUBJECT: IRC BID #296 -Concrete Strain Poles Acting County Administrator FROM:C�,,z" > ��� REFERENCES: Carolyn Goodrich, Manager Purchasing Department 1. Description and Conditions Bids were received, Tuesday, July 22, 1986, at 11:00 A.M. for IRC #296 -Concrete Strain Poles for the Traffic Engineering Department. 4 Bids were sent out, 4 Bids were received. 2. Alternatives and Analysis The low bid was received from All South Utility Construction Co., Ft. Pierce, Fl. in the amount of $1777.00 ea. or $3554.00 to furnish and install 2 Concrete Strain Poles. The poles bid meet State of Fl. specifications. 3. Recommendation and Funding It is recommended that IRC #296 be awarded to the low bidder, All South Utility Construction Co., in the amount of $3554.00. Funding as follows: Escrow from Barnett Bank $825.00 Budgeted 111-245-541-066.44 3175.00 $ 000.00 ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously awarded Bid #296 for furnishing and installing 2 Concrete Strain Poles to the low bidder, All South Utility Construction Co. in the amount of $3554.00 per the following Bid Tabulation: 15 AUG 6, 196 BOOK: U1,E 286 AUG 61986 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION BID NO.DATE OF OPENING �ues. IRC BID #296 July 22, 198 BID TITLE CONCRETE STRAIN POLES BOOK 65 PA,E?87 ITEM DESCRIPTION I UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PF NO. 1. CQl1Cl��e__$_tra_L 641-14-38 2 Each 2610 00 2015_ 00 2041 00 1777 100 Ea. Ea. Ea. Ea. I 4030 l o0 4082 1001 3554 100 I. AT&T Weather Service Contract The Board reviewed memos of Assistant County Attorney Wilson and from the Director of Emergency Management: TO: The Board of County Commissioners DATE: July 30, 1986 (amended August 5, 1986) SUBJECT:Weather Service Contract FROM: Wilson 9s,sstant County Attorney The above -referenced contract has been previously considered by the Board and rejected due to the fact that AT&T had not signed the agreement. I contacted James Metcalf of AT&T to ascertain why the contract was not signed prior to delivery and Mr. Metcalf informed me that AT&T has a policy of not signing these contracts until all other parties sign. This matter has been placed on the agenda for your reconsideration to determine whether the .Board will accept and sign the contract under the terms stated by AT&T, or reject this contract in its entirety. Doug Wright, Director of Emergency Management, will be present at the Board meeting to explain the purpose and need for this equipment. The County could suffer no adverse legal consequences by authorizing the Chairman to sign the above -referenced contract prior to execution by AT&T's officers. Therefore, it is my recommendation that the Board of County Commissioners authorize the Chairman to execute this contract and return the contract to AT&T for their approval, provided, of course, that the Board approves the purchase of the equipment specified. 16 O � O 4 c � ,ate •+�, 0 ITEM DESCRIPTION I UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PF NO. 1. CQl1Cl��e__$_tra_L 641-14-38 2 Each 2610 00 2015_ 00 2041 00 1777 100 Ea. Ea. Ea. Ea. I 4030 l o0 4082 1001 3554 100 I. AT&T Weather Service Contract The Board reviewed memos of Assistant County Attorney Wilson and from the Director of Emergency Management: TO: The Board of County Commissioners DATE: July 30, 1986 (amended August 5, 1986) SUBJECT:Weather Service Contract FROM: Wilson 9s,sstant County Attorney The above -referenced contract has been previously considered by the Board and rejected due to the fact that AT&T had not signed the agreement. I contacted James Metcalf of AT&T to ascertain why the contract was not signed prior to delivery and Mr. Metcalf informed me that AT&T has a policy of not signing these contracts until all other parties sign. This matter has been placed on the agenda for your reconsideration to determine whether the .Board will accept and sign the contract under the terms stated by AT&T, or reject this contract in its entirety. Doug Wright, Director of Emergency Management, will be present at the Board meeting to explain the purpose and need for this equipment. The County could suffer no adverse legal consequences by authorizing the Chairman to sign the above -referenced contract prior to execution by AT&T's officers. Therefore, it is my recommendation that the Board of County Commissioners authorize the Chairman to execute this contract and return the contract to AT&T for their approval, provided, of course, that the Board approves the purchase of the equipment specified. 16 TO: Board Of County Commiss ionerDATE: July 21, 1986 FILE: Thrus H.T. "Sonny" De General Servic s irector SUBJECT: National Weather Service Equipment Upgrade and AT&T Equipment Contract FROM: Doug Wright REFERENCES: AT&T Equipment Director, Emergency Management Contract/Agreement The National Weather Service is upgrading its' wire service from 300 bits per second to 1200 bits per second effective Sept. 1, 1986. As a result, the RCA equipment currently being utilized will be replaced. The equipment being recommended for this upgrade by the National Weather Service is the AT&T Data Set 202T and 475 Printer with associated assembly items. Contact with James Metcalf of AT&T produced the attached Contract for the above referenced equipmc:, Jim Wilson of our legal staff has reviewed the Contract and has talked with AT&T in this regard. The Contract reflects'a cash price of $2,399.00 which includes _ installation and shipping. The time price is $2,881.08 which includes installation, shipping, and interest of $428.08. Pay- ments of $80.03 would be required for the term of 36 months if this method of payment is selected. Beginning the second year of the Contract and continuing for the third year, an additional $19.25 per month would be required for maintenance. After the third year, the equipment would be owned by the County with the only cost being the post warranty maintenance payment of $19.25 per month. Since the equipment upgrade is occurring in the middle of the hurricane season, placement on the next Commission agenda for approval and signature would be appreciated so arrangements for installation can be completed without interruption in this essential service. Commissioner Bird inquired just who uses this service, and it was explained that Emergency Management uses it in conjunction with hurricane warnings, and the Health Department makes use of it also. MOTION WAS MADE by Commissioner Lyons, SECONDED by COMMISSIONER Bowman, to approve the contract with AT&T upgrading their National Weather Service equipment and authorize the signature of the Chairman. 17 AUG 61`986 Lf. BOOK 65 FAGS 288 BOOK 6O FA,E 2189 Commissioner Wodtke asked where the money for the purchase of the upgraded equipment comes from, and he was advised that the money is in the budget. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. bw Exhibit A To Installmentccl --� AT&T Sale Contract/Equipment Lease Agreement Additional Provisions Applicable To State And Local Government Entities . Gustomer Legal Name ("Customer") BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA State (or District of Columbia) of which Customer is an Agency or Political Subdivision FLORIDA Installment Sale Contract/Equipment Lease Agreement Number A291598 Credit Approval Number 6671424-001 1. TERMS AND CONDITIONS. This Exhibit A is an integral part of the Installment Sale Contract/Equipment Lease Agreement (th( "Agreement") described above, and all references herein to the Agreement shall include this Exhibit. All capitalized terms used in tt Exhibit that are not defined herein shall have the meaning(s) set forth in the Agreement. The undersigned agree to the foregoing an to all of the additional terms and conditions set forth in Paragraphs A, B, C and D on the reverse hereof, and in witness whereof execute this Exhibit below Vero Beach, 2. CERTIFICATION. I, Freda Wright, a resident of Indian River County, in the State of Florida (Certifierer)) -,DO HEREBY CERTIFY that I am the Clerk of Indian River County Indian River County (Certifier's Title) (Customer) apolitical subdivision or agency ofdi�', duly organized and existing under the laws of such Indian Diver Cm yand that I have custody of the records of Customer, and that, as of the date set forth below, Don C. Scurlock, Jr is the Chairman of Customer and is duly authorized to (Name of Authorized Signatory Below) (Title) execute and deliver the Agreement (including this Exhibit A) and the documents, if any, identified in Section B. of the Agreement, and any Master Agreement referred to in such documents, in the name and on behalf of Customer. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of Customer 6th day of August 1916 Cerulier's V N Signature n� r t =�u tk. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AT&T INFORMATION SYSTEMS INC (Customer) By: X C _ (Authorized Signature) DON C. SCURLOCK, JR. (Type/ Print Name) CHAIRMAN On.AUGUST 6, 1986 (Title) (Date) 18 By: AT&T CREDIT CORPORATION By: Y (AT&T Credit Corporation Authorized Representative) (TypeiPrint Name) On: (Title) (Acceptance Date) 1 � — AT&T t P f C C C C SELLER'LESSOR: AT&T INFORMATION SYSTEMS INC. (-AT&T-) Branch Address Street and Number Administrative Contacti Telephone Number Installment Sale Contract/ Equipment Lease Agreement COnl,acl NO. a , ' 4b4 Credit Approval Number CUSILTO Number (0(0'11 y2.4 -(Jul Credit Approval Date Customer Signature Required by Conditional Approval Items EXH�E3�T R���RE� 3G5- L{`i_X) Cv2SS A CUSTOMER INFORMATION: Form (H Business Entity (Check Only One Box): 1 Corporabon i , Parbrership t t Proprietorship t I Non Protifthanty Dp Stale Local Government i ; 0ihw (Speafyl Customer Legal Name ("Customer"" Date Business Started IM0.1Vr.) SaISSNse Tax Exempt Number. =KU AN RWS'?" Caail��c' C,�V ERN N E r�� C)S - R-, 91-19—,—, Invoiang Address Street and Number City County State RlvE ' FL_ Location of Equipment Street and Number IU Different From Above) City County State zip 14 140 25iN ��T 1P�tN. REa-N R0%Am P'w-_ FL_ I Pr2c)i.r, B. EQUIPMENT: (Check Only One Box): '( New Equipment :. Sale In Place,Used Equipment (Any documents identitutd below are attached hereto.) Ee anent Agreement No. Equipment Agreement Computer Systems Amendment No. Master Agreement Supplement(s) No.(s) Master Agreement Computer Systems Amendment No. 3.0 Lease 4.0 Lease -Check One Box: (1) O FMV Option or (b) O Other Option (Speedy. A ,r,u: i i • • a $ or %). Any ITC disclaimed by AT&T. Proceed to Section E if Box 3 or 4 checked F. IMPORTANT MATTERS AND NOTICES TO THE CUSTOMER: 1. DO NOT SIGN THIS CONTRACT/AGREEMENT (-AGREEMENT-) BEFORE YOU READ IT OR IF IT HAS BLANK SPACES. 2. WITH RESPECT TO THE ITEMS OF EQUIPMENT (COLLECTIVELY "EQUIPMENT") DESCRIBED IN THE DOCU- MENTS IDENTIFIED IN SECTION B. (WHICH EQUIPMENT DESCRIPTION IS INCORPORATED HEREIN BY REF- ERENCE), CUSTOMER AGREES TO PURCHASE SUCH EQUIPMENT FROM AT&T ANP AT&T AGREES TO SELL SUCH EQUIPMENT TO CUSTOMER (IF C.I. OR C.2. WAS CHECKED) OR CUSTOMER AGREES TO LEASE SUCH EQUIPMENT FROM AT&T AND AT&T AGREES TO LEASE SUCH EQUIPMENT TO CUSTOMER (IF C.3. OR C.4. WAS CHECKED), UPON THE TERMS AND CONDITIONS SET FORTH HEREIN. C 3. THIS AGREEMENT (INCLUDING THE DESCRIPTION OF EQUIPMENT REFERRED TO IN F.2. AND, TO THE EX - TET EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ANY DOCUMENTS IDENTIFIED IN SECTION B. AND ANY MASTER AGREEMENT REFERRED TO IN SUCH DOCUMENTS) CONTAINS THE ENTIRE AGREE- MENT BETWEEN THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPER- SEDES ALL PRIOR WRITTEN OR ORAL AGREEMENTS AND REPRESENTATIONS. ANY PORTIONS OF SUCH IJ DOCUMENTS AND ANY SUCH MASTER AGREEMENT NOT EXPRESSLY INCORPORATED HEREIN BY REFER- ENCE SHALL BE OF NO FORCE OR EFFECT AND SHALL NOT BE PART OF THIS AGREEMENT, PROVIDED C. THAT THIS AGREEMENT SHALL NOT LIMIT THE EFFECTIVENESS OF ANY SUCH MASTER AGREEMENT AS . l TO DOCUMENTS NOT IDENTIFIED IN SECTION B. THAT INCORPORATE SUCH MASTER AGREEMENT BY I REFERENCE. 4. WITHOUT LIMITING ANY OTHER REMEDIES AVAILABLE AT LAW OR UNDER THIS AGREEMENT, AN AMOUNT UP TO $75 OF ANY CASH DOWN PAYMENT OR ADVANCE RENTAL(S) PLUS ANY DOCUMENTATION/OFFICIAL FEE ARE NONREFUNDABLE UPON CANCELLATION OF THIS AGREEMENT. S. CUSTOMER IS ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. CUSTOMER'S SIG- NATURE BELOW ACKNOWLEDGES RECEIPT OF A TRUE COPY HEREOF. CUSTOMER REPRESENTS AND ' WARRANTS THAT THE INFORMATION SET FORTH UNDER SECTION A. IS TRUE AND CORRECT. 6. THIS AGREEMENT IS NOT BINDING' ON AT&T UNLESS ACCEPTED IN WRITING BY AT&T IN NEW JERSEY. 7. IF EQUIPMENT IS PURCHASED, UNDER LAW, CUSTOMER HAS THE FOLLOWING RIGHTS, AMONG OTHERS: EA) TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND OBTAIN A PARTIAL REFUND OF ANY UN- ARNED FINANCE CHARGE; (B) TO REDEEM EQUIPMENT IF REPOSSESSED FOR A DEFAULT; OR (C) TO. REQUIRE, UNDER CERTAIN CONDITIONS, A RESALE OF EQUIPMENT IF REPOSSESSED. S. THE INDIVIDUAL EXECUTING THIS AGREEMENT FOR CUSTOMER REPRESENTS AND WARRANTS THAT 1 . (S)HE IS DULY AUTHORIZED TO EXECUTE AND DELIVER THIS AGREEMENT ON BEHALF OF CUSTOMER IN THE S)HE SIGNS. CUSTOMER ALSO REPRESENTS AND WARRANTS THAT EQUIPMENT HALL BE USED SOLETY SET FORTH WHERELY )FOR BUSINESS PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. 9. SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE HEREOF ARE PART OF THIS lit AGREEMENT. 10. CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN PARTS I AND III OF THE REVERSE HEREOF (IF C.1. OR C.2. WAS CHECKED) OR IN PARTS 11 AND 111 OF THE REVERSE HEREOF (IF C.3. OR C.4. WAS CHECKED), AND IN WITNESS WHEREOF HEREBY EXECUTES THIS AGREEMENT. 0. CONTINUING GUARANTY (SEPARATE DOCUMENT, IF APPLICABLE) IS INCORPORATED HEREIN BY THIS REFERENCE. �► 1 `,r�tgy` �1V -� �c;N� ��W e?� %1YYlPeBy: AT&T CREDIT CORPORATION � AT&T INFORMATION SYSTEMS INC. (Cusum By. (Authwz-e Sgnature) IAT&T Cr I Corporatio0 Authorized Represemativel Don C Scurlocl� Jr. (T ) August 6, 1986 4TYPOF -Name) �Et rf�tA,D GALDSui'FICTENCYr (Title) (Acceptance Date) t t•(' Rv: .i'iirsoa P- 1411 Son AUG 6 190"6 BOOK" E, LEASE TERMS: '.i•n•'; :"; 2.(21( 1. CashPrfeectEguloment S !1 r„» , • ,. .Oo (`�� ,(� 2. InstatiattoryOne•TlmeChames S Q 3. SftphtO S N _.:; _ -...._ ---------. --d. _ 4. MiSC.(Specify) E %lQ ..._.... C10 5. Sales Tax i --..-_•?:_ .�i_-e. •._. _ _ 2 q0. _` _ 1 I I�.J B. Total Equipment Cost o+2+3+4+5) S A( -_. ,; •.,:.^P .nw.n *'_m.,,...,i_ 7. Monthly RentPaymenr fRA a-c,.-�nrp _� .(� S. Advan eRentale $ Num:,•�r c: 1k.^-n,�l'. ,. •,:;.nts /q�co��.� _ _ 9. Numherof Months drys 10. DocumentatforvOtlieialFea S '.d3 �r881 11. This amount DUE NOW (8+101 S :.•r.• a•., . r - fC JL • O i Make Nteck payable to AT&T -CREDIT _1_., 'Pa teub toff ustmenttoreflect Icable SakwUswExeise Tax which vuniaMt.= be m�clud� on the mrnrthryr invo: 25.m 16. Tn,sarru1r0L•EN0Wl'-5' Makeeheck payable to AT&T -CREDIT F. IMPORTANT MATTERS AND NOTICES TO THE CUSTOMER: 1. DO NOT SIGN THIS CONTRACT/AGREEMENT (-AGREEMENT-) BEFORE YOU READ IT OR IF IT HAS BLANK SPACES. 2. WITH RESPECT TO THE ITEMS OF EQUIPMENT (COLLECTIVELY "EQUIPMENT") DESCRIBED IN THE DOCU- MENTS IDENTIFIED IN SECTION B. (WHICH EQUIPMENT DESCRIPTION IS INCORPORATED HEREIN BY REF- ERENCE), CUSTOMER AGREES TO PURCHASE SUCH EQUIPMENT FROM AT&T ANP AT&T AGREES TO SELL SUCH EQUIPMENT TO CUSTOMER (IF C.I. OR C.2. WAS CHECKED) OR CUSTOMER AGREES TO LEASE SUCH EQUIPMENT FROM AT&T AND AT&T AGREES TO LEASE SUCH EQUIPMENT TO CUSTOMER (IF C.3. OR C.4. WAS CHECKED), UPON THE TERMS AND CONDITIONS SET FORTH HEREIN. C 3. THIS AGREEMENT (INCLUDING THE DESCRIPTION OF EQUIPMENT REFERRED TO IN F.2. AND, TO THE EX - TET EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ANY DOCUMENTS IDENTIFIED IN SECTION B. AND ANY MASTER AGREEMENT REFERRED TO IN SUCH DOCUMENTS) CONTAINS THE ENTIRE AGREE- MENT BETWEEN THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPER- SEDES ALL PRIOR WRITTEN OR ORAL AGREEMENTS AND REPRESENTATIONS. ANY PORTIONS OF SUCH IJ DOCUMENTS AND ANY SUCH MASTER AGREEMENT NOT EXPRESSLY INCORPORATED HEREIN BY REFER- ENCE SHALL BE OF NO FORCE OR EFFECT AND SHALL NOT BE PART OF THIS AGREEMENT, PROVIDED C. THAT THIS AGREEMENT SHALL NOT LIMIT THE EFFECTIVENESS OF ANY SUCH MASTER AGREEMENT AS . l TO DOCUMENTS NOT IDENTIFIED IN SECTION B. THAT INCORPORATE SUCH MASTER AGREEMENT BY I REFERENCE. 4. WITHOUT LIMITING ANY OTHER REMEDIES AVAILABLE AT LAW OR UNDER THIS AGREEMENT, AN AMOUNT UP TO $75 OF ANY CASH DOWN PAYMENT OR ADVANCE RENTAL(S) PLUS ANY DOCUMENTATION/OFFICIAL FEE ARE NONREFUNDABLE UPON CANCELLATION OF THIS AGREEMENT. S. CUSTOMER IS ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. CUSTOMER'S SIG- NATURE BELOW ACKNOWLEDGES RECEIPT OF A TRUE COPY HEREOF. CUSTOMER REPRESENTS AND ' WARRANTS THAT THE INFORMATION SET FORTH UNDER SECTION A. IS TRUE AND CORRECT. 6. THIS AGREEMENT IS NOT BINDING' ON AT&T UNLESS ACCEPTED IN WRITING BY AT&T IN NEW JERSEY. 7. IF EQUIPMENT IS PURCHASED, UNDER LAW, CUSTOMER HAS THE FOLLOWING RIGHTS, AMONG OTHERS: EA) TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND OBTAIN A PARTIAL REFUND OF ANY UN- ARNED FINANCE CHARGE; (B) TO REDEEM EQUIPMENT IF REPOSSESSED FOR A DEFAULT; OR (C) TO. REQUIRE, UNDER CERTAIN CONDITIONS, A RESALE OF EQUIPMENT IF REPOSSESSED. S. THE INDIVIDUAL EXECUTING THIS AGREEMENT FOR CUSTOMER REPRESENTS AND WARRANTS THAT 1 . (S)HE IS DULY AUTHORIZED TO EXECUTE AND DELIVER THIS AGREEMENT ON BEHALF OF CUSTOMER IN THE S)HE SIGNS. CUSTOMER ALSO REPRESENTS AND WARRANTS THAT EQUIPMENT HALL BE USED SOLETY SET FORTH WHERELY )FOR BUSINESS PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. 9. SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE HEREOF ARE PART OF THIS lit AGREEMENT. 10. CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN PARTS I AND III OF THE REVERSE HEREOF (IF C.1. OR C.2. WAS CHECKED) OR IN PARTS 11 AND 111 OF THE REVERSE HEREOF (IF C.3. OR C.4. WAS CHECKED), AND IN WITNESS WHEREOF HEREBY EXECUTES THIS AGREEMENT. 0. CONTINUING GUARANTY (SEPARATE DOCUMENT, IF APPLICABLE) IS INCORPORATED HEREIN BY THIS REFERENCE. �► 1 `,r�tgy` �1V -� �c;N� ��W e?� %1YYlPeBy: AT&T CREDIT CORPORATION � AT&T INFORMATION SYSTEMS INC. (Cusum By. (Authwz-e Sgnature) IAT&T Cr I Corporatio0 Authorized Represemativel Don C Scurlocl� Jr. (T ) August 6, 1986 4TYPOF -Name) �Et rf�tA,D GALDSui'FICTENCYr (Title) (Acceptance Date) t t•(' Rv: .i'iirsoa P- 1411 Son AUG 6 190"6 BOOK" AUG 6196 AT&T Wormation Systems BOOK 65 o;E.291 Equipment Agreement Transactwn type prr Check atp„oate transaurons and fait" weir coding Egwpmenl Purchase = AT&T -IS Frnancnrq :: Term Plan J Maintenance Agreement he _Contract GB _ f 6135? Contract Terms r Q\V\N e1-%Gv1 DOSS Supplement Nast. Install. cuss er Name 1CX\c-An wrt� w 4a I\t�i i�;P-� AT&T•ISUllice Code �Q i> Fi No Floor Nn A itr�s Roern Wo F Nu. 1545-W W A j L� C� T -- - �y�w,lG' 1 c"> f�� \^!\E�� P� ("'ca t! • Teiea +� �`I�i�, u�nwn amen rmormeiron 7 Product I D. EIPEC OtY - Taal Total Total Total I Monthly M - Purchase Install. Monthly Maint. 55 -U; 1 IS 1545-W W A j L� C� T 1125-m 3'T 1 T ' 1 �. rW J� .�•rlJ W — --' a'P>25 S 23.E A cvv-i`n I OWN - q'SF= AT T , 'r I -IS AT&T-IS•� T t \1V`C ' am Sam 9 m ONLY ONLY i 9. i O N L it. ' i I Remarks Tow This Page I 'to N .25 SaL1otN From Attached( 1 Additional Pagits) Ali, ick NM ntaa sae To'rL{ abnw ars exclusive a suss taxes l 1. U s I �G+.00 f f 19 .25 TOTAL AA TOTAL B TOTAL C TOTAL D Complete This Section for Fuvncsd Purchase cumonm acknowledges receipt of the FaMwAng Tom8 Conditions to Total f ;M f this Agreement Issue Date I I _ Initials Shipping f (Total Transportation Costs) f 1c) • OJ f f 1. Total Erltutpmnnt Price (Total Column A) s Filing or Other Fees S s f S 2. Tow Installation Pride (Iola) Column 8)S 3. Total Cash Pride (ule 1 ♦ Line 2) S Credits0own Payments (CDP( fl 1 SI 1 fl 1 t l) 4 Total Tax f trend Taal 2521 `. s 1 CL's• W S S. Total Shipping f Complete Teta Section kr WkMg 6. Outer(Specify) i .iAT6T•IS Customer - to Piece Other 7. Tow Down Pay entsfOredits (CDP Biocs) f & Cash Price Balance (Line 3 ♦ a ♦ S ♦ 6- T) S Complete, This Seixbit For Equip ern titWllatlon - 9. Merdifly, Payments 10.S IMo. *T&T.a C Customer r• In Place C Other 11. Time Price Balance (Line 9 ■ Line Tis:. s 12. Customer Rate - % I& Time Price Differential lune 11 - Line S) s complete This set:llon tar Maimatmce U. Time Sale Pries lurro 11. una >) f Effective Date ufs Q 125 i �9 `� Term Paan �'BAM•6 PM Mon Fn 24 His 7 Days .1. OMt I Mail -la Complete This Section la Tam Plan Effective Date O7r K CFJ 10 1 1 %�� Poet Warraitry Maintenance L%1iM•6 PM Mon•Fri :: 24 Nra 7 Days 0 Depot) Mail -In - 12 Month _7 24 Month :" 48 Month :" 72 Month •Other " Monthly (3 Month Minimum) wai- a even. runt ncwrs 11411,1116,A11t* WSrumtH HAS HLAD AND AGREES WITH THE TERMS AND CONDITIONS ON THE REVERSE HEREOF. THESE TERMS AND CONDITIONS APPLY TO THE ABOVE SPECIFIED PRODUCTS AND SERVICES AS WELL AS ALL SUBSEQUENT ORDERS FOR ADDITIONS. MODIFICATIONS OR CHANGES TO THE PRODUCTS OR SERVICES OR THE COMMUNICATION SYSTEM CONTAINING THE PRODUCTS. CUSTOMER ALSO GIVES PERMISSION TO OBTAIN CREDIT INFORMATION FROM ANY EXTERNAL CREDIT INFORMATION SOURCE. Equipment l oocaltoorn (Address) AT&T INFORMATION SYSTEMS WC. City State - - Zip Accepted by: v>r\.�v� ��>c•� c, " (Auttionled Stgnafum) fit. •' V's v- 'i tr J (CustomepZ� G (Typed Name) 8y ^- (Authorized Signature) (Trite) at: ITYped Name) (Address) Don C. Scurlock, Jr.. Chairman I Trial ICdy. State. Zip) on.Augus on i0ate) � fOatM APPR AS F ND LEGAL SUFFICIENCY: es 2U Wilson. Assistant , Atty r M M M . J. Materials Testing for I.RR.BLvd.rSouth Extension The Board reviewed memo of Public Works Director Davis: TO: The Honorable Members of the July 24, 1986 FELE: Board of County Commissioners DATE: THROUGH: Tommy Thanas, Acting County Administrator SUBJECT: Materials Testing for South Extension of Indian River Boulevard FROM:James W. Davis, P.E. ,a 1 REFERENCES:. , David Alker, Fraser Public Works Director engineering and Testing, Inc. to Jim Davis dated July 3, 1986 DESCRIPTION AND CONDITIONS Fraser Engineering has submitted a proposal to perform material testing for the construction of the South Extension of Indian River Boulevard. The testing services are professional in nature, and depending on the type of test, the costs range from $12.50 to $15 per test. Through the 15 month construction period, the total testing services are estimated at $15,000. ALTERNATIVES AND ANALYSIS Since these services are Professional Engineering related,, the Purchasing Dept. does not recommend bidding this work. Fraser Engineering performed the testing for 16th Street widening, and is the oldest, largest testing firm in the area. Their on -job response is excellent. RECONIl'=ATIONS AND FUNDING It is recatmended that Fraser Engineering and Testing, Inc. be selected to perform testing services for the South Extension of Indian River Boulevard including connecting roadways, using the attached fee schedule. Funding from Fund 304 - Indian River Boulevard South Extension Construction Fund. 21 BOOK 1)5 FGF.292 po SOIL TESTING BOOK 6 5 pp F 2.3 RASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33rd STREET FORT PIERCE, FLORIDA 33450 FEE SCHEDULE FORT PIERCE (305) 461-7508 VERO BEACH. (305) 567-6167 STUART (305) 283-7.711 Standard or Modified Proctor (sandy soils) ...............$ 50.00 e'a. Standard or Modified Proctor (limerock/shell)............ 65.00 ea. Field Density Test (nuclear method) ...................... 12.50 ea. Limercck Bearing_ Ratio (L.B.R.)........... Florida Bearing Value (F.B.V.). ............••• 150.00 ea. Sieve Analysis.. ••'� " " " " " " " "•••••• 15.00 ea. Siege Analysis " '•'•••••••••••• 35.00 ea. Y (material sieve)....... 20.00 ea. Atterherg Lizjits.......................................... 50.00 ea. CC CRETE TESTING Concrete Cylinders: SlumD Test, Casting, Transporting, Curing and Testing ($8.00 ea. min. of 4 per set) ................... 32.00/set .. --� Ccrent.............................................. 15.00 ea L- _ = of Ccricr2 ce .................................. . dscr -=----he (:7.i. --;MUM 0';L: =) ..... • • ...................... 15.OG ea. • • . . • • • • • • • • • J �J • U .G., Q a v :. .e r Tezz� ( m'4 - 4mur', 0 J. ) .. • . . (:::_:;itu^: or 3) •.. ....... 35.::0 ea. i. cpressioz Testing of`•FieldCores....................... 15.00 ea. ASPH LT TESTING Stability Tests (Hubbard Field or `arshall).............. 50.00 ea. Bitumen Content (extraction)........... ..... 50.00 ea. Sieve Analysis of Extracted Aggregate.....•35.00 ea. Asphalt Thickness Determination using 2" or 4" Core Drill (minimum of 3). 25.00 ea. Hua:.cities cf 10 or more .............................. 15.00 ea. ENGINEERIP_VG SERVICES For Services of a Registered Engineer (minimum of ' 2 hours will be charged for any one job) .............. 50.00/hr. Technician Inspection Services: Regular Time.. .. 25.00/hr. Overtime.. . 30.00/hr. Reinforcing SteelIn ...................... Reaular Time (2 hour minimum) .....•.. 25.00/hr. Overtime .........................................•.... 30.00/hr. - K .5.':1UDARDDRILLING FEE SCHEDULE STANDARD PENETRATION TESTING 0 - 50' 50 - 75�:................................................$ 6.00/ft. 75 - 100' ............................................... 7.50/ft. 100 - 150 ........................................... 9.50/f t. 0 - 25' (continuous sampling) ............................ 11.50/ft. 25 - 50' (continuous sapling) ...• „ " " " •••• 12.00/ft. m Mobilization and Demobilization " " •• 18.00/ft. (25 mi. radius) ....................................... 100.00 l.s. 22 y CONE PENETROMETER.TESTING 0 - 1501 ................................................. 4.00/ft. Mobilization and Demobilization (25 mi. radius) ....................................... 100.00 i.s. ROC{ CORING NW Core Barrel - 2" Core: 0 - 50'....... ............................ 10.00 to 12.00/ft. 30 - ,5' ............................ ........ 12.00 to 15.0�%"=t . - '3 - 01....... ......... ............ �.00r'01.: ___ 1 ...... ................ ........ _1.00 -o 2 . ............. *:"**,*"* "**................ Demobi1j Zati: n (To be negotiated, will be dependent upon scope of work and ee_uiTDment to be used.) PQ Wireline - 3 5/16" Core: 0 - 100' .............................................. 14.00/ft. Mobilization and Demobilization (To be negotiated, will be dependent upon scope of work and equipment to be used.) Core Boxes: LargeWood ............................................ 40.00 ea. Cardboard............................................. 10.00 ea. ..BORINGS OVER WATER The unit prices for the required drilling and sampling will be based on the following: total footage, depth of water, protected or un- protected water, distance between borings, currents, and need for I suczort. FRASC'R ENGINEERING AND TFSTING. INC e Commissioner Bird asked if we have an overall approved budget for this project. Public Works Director Davis advised that testing was in- cluded in the four million dollar budget submitted to the Board about two years ago. The budget, however, did not include right-of-way acquisition as staff had no idea of the cost. Commissioner Wodtke wished to know if Fraser is pretty well in line with their fee schedule, and Director Davis confirmed that they are very well in line, and, in fact, under what most outside companies would charge coming into this area. He advised that most of the testing that will be done is the density - testing, which is $12.50 per test, and they will be using the Florida Bearing Value test at $15.00 rather than the Limerock Bearing Ratio test at $150. AUG 6 1986 23 BOOK 6 5 dart 2.94 AUG 6 1986 BOOK 65 PA;E295 ON MOTION by Commissioner Lyons, SECONDED by Com- missioner Bowman, the Board unanimously authorized the use of Fraser Engineering and Testing, Inc., to perform testing services for the southern extension of Indian River Boulevard per the above fee schedule. K. Golf Course Change Order #3 - (Guettler & Son) The Board reviewed memo of OMB Director Baird: TO: Honorable Board of County DATE: July 29, 1986 FILE: Commissioners THROUGH: Tommy Thomas SUBJECT: Golf Course Change Order #3 Acting County Administrator with Guettler & Son Contract FROM: OMB e irectorird REFERENCES: Change order #3 is an increase in the amount of $1,123.84 for sixteen quick coupler valves to enable a waterhose to be attached to the irrigation system. This was an oversight by the architect. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved Change Order #3 Sandridge Golf Club (Guettler & Sons, Inc.) 24 INDIAN RIVER COUNTY SANDRIDGE GOLF CLUB COMPACT CMA rZ OUWR M . �$ CNAACfi OaMR, NO. � ►rojecc Sandridge Golf Club No. D■te& 7/3/86 Ce�craccor& Guettler & Sons, Inc. Conditions& The changes described heroin Mall be 10VOrned by the teras cad conditions of tAft Cootract, and •hall not in any way alter the term of the Contract. but shall hereafter be a part of the Contract. ITL" ro iTL" 023CRIPTI0M UNIT UNIT COST QUM TITT AMOUNT 1 Quick Coupler. Va ve 28.7416 459.8; 2 Swinq Joint ea. 7.00 16 112.00 3 Service Tee ea. 9.50 16 152.00 4 Tap -in ea. 25.00 16 400.00 Net Change 1_1 , 123. 84 1 123.84 Addition # ! ' Deduction(-) S Contract Amount Prior to Change Order $ Ravtaed Covtract Amount S Reason for Change. Acceptable To+ Dotal Contractor's Repreasncative Recommended byP,--,eernr � � Dace: 7i7/R6 golf coursea hi Approved by Dec.: 7- /-,�ti owrier - L. Golf Course Change Order #4 - (Carroll Childers Co.) The Board reviewed memo of OMB Director Baird: 25 y� All L�j BOOK 65{, 296 rr,-- AUG 6 1986 BOOK 65 Pnu,�97 TO: Honorable Board of County DATE: July 29, 1986 FILE: Commissioners THROUGH: Tommy Thomas SUBJECT: Goif-Course Change Order #4 Acting County Administrator in the Amount of $1,303.00 FROM: JosfhA. Baird REFERENCES: OMB Director The change order recommended by the architect if for additional equip- ment on the submersible pump to facilitate water transfer between lakes. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved Change Order #4 Sandridge Golf Club re the sub- mersible pump (Carroll Childers Co.) Carroll Childers Company P. O. Box 12951, 6905 Bellfort HOUSTON, TEXAS 77217 (713) 649-5780 TO Indian River County Golf Course Board of County Commissioners 1840 - 25th Street Vero Beach, Florida 32960 Attn: Mr. Tommy Thomas �'. ��WT M111 =**;j=--jij0 R (dumber (305) 589-9223 - .1- a..8- ?. - . DATE ....._-_ \ _ 30 June 1986 - I Vero` -Beach, Florida JOB NUMBER -- - JOB VHONE I� _S_/N 431 _ - - EXISTING CON7RAC7 NO DATE OP EXISTINONR G CTACT II I� SCC -235-86 27.May 1986 No hereby agree to make the change (s) specified below: — — -- -- - - - 1. Add remote lake level controls to the irrigation pump station. 2. Add D.C. Telemetering system (from 230 Volt/Single Phase) at submersible pump control panel with Hand -Off -Auto. 3. Provide pump/motor stand-offs for submersible pump to allow installation within 8" diameter suction pipe to be installed at 45° into transfer lake. i 4. Remove existing surface plate and discharge flange from submersible pump I and replace with discharge adaptable to customer supplied discharge pipe. I I; 26 5. Provide 751 pigtail for submersible pump power hook-up to control panel. it I� �- p4Z442, Ce c- p - I NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change (s) specified y — $ ,.,� .. Iabove at this price 1, x.03 �oo i l I I 30 June 1986 PREVIOUS CONTRACT AMOU DNT $ 111401ilkES14NATUNE ICONIf7Acnn�� ; 1 - 56.215100 Gary D. Barbour '{/fes--- I REVISED CONTRACT TOTAL $ - -.57,.5.18:9Q--• bir. S. & M t = _-_�_--- --=- -- -_---- --_ --_-- \� ACCEPTED — The a ricd and specifications of QG this Change Order satisfac ry and are hereby ac- Date of accep g ?'777 CJv- -- _-_- — cepted. All work to performed under same terms and �'�_(O conditions as speci ied in original contract unless other- Signaturewise stipulated. -- ER► I M. Budget Amendment for Additional Personnel at Jail The Board reviewed memo of OMB Director Baird: TO: Honorable Board of County DATE: July 30, 1986 FILE: Commissioners a. R FROM: Josh A. Baird OMB Director SUBJECT: Budget Amendment for Additional Personnel at Jail REFERENCES: The Honorable Board of County Commissioners authorized additional staffing for the County Jail early in the year. The Sheriff is requesting $185,500 to fund the new personnel. The $185,500 would have to be transferred from the General Fund Contingency. , Account Number 001-600-586-099.14 001-199-513-099.91 Balance in Contingency as -of 07/24/86 - $236,886 Account Name Sheriff -Detention Center Reserve for Contingency -'increase Decrease $185,500 $185,500 27 AUG 6 98 EOOK 65 FA�FIj AUG 6 1986 tr t, ff P. O. BOX 608 July lOPH 1 9 569-6700 66 6700 Joe Baird, Budget Director Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Joe: BOOK 65 F"'J299 R.T."TW DOBECK - i.vmtN, jmwn coi"vn• MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION \'i:ltci hI`.AC1I. PLt)I'd DA :i_C)Ci1 RE ADDITIONAL SALARY BUDGET, CURRENT YEAR This letter is a request for supplemental funding from the Board of County Commissioners General Fund Contingency to -cover the anticipated deficit in this area. The anticipated deficit of $185,500 is detailed as follows: Eleven (11) Detention Officers - Positions $ 153,539 from Phase II of the new jail which were re- leased in January and February of this year to operate the trailers being utilized at the current jail facility for which there no salary budget was provided. Overtime - Due to the need to provide adequate 17,507 shift coverage due to vacant positions because of lapse and leave time (vacation and sick). Scheduled Raises - Regular permanent status pay 1,776 raises for eight (8) employees are currently due or will become effective during the balance of the fiscal year. New Positions Lieutenant, Phase II - 2 Months 5,360 This position is needed at this time to begin preparing the Operational Manuals Fiscal Assistant - 2 Months 3,254 This position is needed to provide the fiscal support for the Corrections Division. This responsibility was transferred to this Department on July 1, 1986 without the support position. Registered Nurse - 2 Months 4,064 This position is needed immediately out of the -Phase II staffing to augment and coordinate the Medical Services. TOTAL $185,500 If you have any questions or any further information is required, please contact my Business Manager, Richard Dees, at 569-0082, ext. 212. Sincerely, R. T. "Tim" Dobeck, Sheriff Indian River County 28 Commissioner Bird realized that these people were approved early in the year and inadvertently we didn't budget for that. What confused him, however, is that the Sheriff just recently took over the Jail and this deficit has been building up within the County's budget and not the Sheriff's; he, therefore, did not understand why we are transferring funds to the Sheriff when it seems most of the deficit is in the County's budget. He noted that this is going to wipe out our Contingency Fund and hoped there may be some other way to handle it. Discussion ensued as to some alternatives and the possibil- ity of doing some Fine transfers. Richard Dees, Business Manager for Sheriff Dobeck, advised the Board that in doing his analysis, he discovered that it was these eleven additional detention officer positions being re- leased without salary monies that has caused the deficit in their salary account. These people were paid out of the funds budgeted for the entire year for the 40 odd positions, and they are now out of salaries as of this last pay period . Commissioner Bird asked if those people haven't been getting County paychecks out of County funds, and Chairman Scurlock o-� explained that we transferred the budget for the Jail over to the Sheriff and that budget has been depleted. His only question about the recommended budget amendment would be in regard to the possibility of some line item transfers. Acting Administrator Thomas noted that we have spent the money and now have to pay for it; so, even if we make line item transfers, he believed the net result is not going to change cash carry forward no matter where it is transferred from. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Lyons, the Board unanimously approved the budget amendment recommended above subject to Acting Administrator Thomas and OMB Director Baird taking another look at it. 29 AUG b BOOK 65 FS GE 300 FFF'_ AUS 6 1086 N. Budget—Amendment - Supervisor of Elections BOOK 65 u,roj The Board reviewed memo of OMB Director Baird: TO: Honorable Board of County DATE: July 29, 1986 FILE: Commissioners THROUGH: Ann Robinson IN k Supervisor of Elections Q�D FROM: Jose A. Baird OMB Director SUBJECT: Budget Amendment REFERENCES: The Supervisor of Elections needs to purchase a $969.00 uninterrupted power supply for her computer hardware as approved unanimously by the data processing committee. Mrs. Robinson needs to purchase this immediately for the September 2, 1986 election. It will be necessary to transfer $969.00 from general fund contingency, 001-199-581-099.91 to 001-700-519-066.41, office furniture & equipment. Contingency Balance as of 07/24/86 $82,188.00 -969.00 $81,219.00 ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved the budget amendment requested by the Supervisor of Elections as above. 0. Sandridge Golf Course - Mowing Equipment The Board reviewdd Memo of General Servicers Director Dean: 30 TO: The Honorable Members of DATE: July 29, 1986 FILE: the Board of County Commissioners THRU: L. S. "Tommy" Thomas Sandridge Golf Course - Acting County Adminis- SUBJECT: Mowing Equipment trator FROM• H. T. "Sonny" Dea RFsERENCES: • Director of Gener 1 Ser�i Mr. John Hayden, Green Superintendent at Sandridge Golf Course advises us that John's Island will sell us used lawn mowing equipment which would cost about $130,000 to $150,000 new for $22,000. Mr. Hayden says the equipment is in excellent condition and Commissioner Bird has checked out the equipment and feels that it would suit our needs for quite a few years. This purchase would give us two large fairway mowers which in turn means%that we would have a back-up mower that we did not intend to purchase at this time. We did not intend to buy this much equipment but what we would have bought new would have cost approximately $60,000. It is the recommendation of staff that we negotiate with John's Island to immediately purchase this equipment. Attached is a detailed description of the equipment which we would obtain. EQUIPMENT LIST 4 Reel Mowers: 1 - Jacobson 7 Gang Hydraulic Fairway Unit by Debray and Company Serial Number 70401-1807 1 - Jacobson 7 Gang Hydraulic Fairway Unit by Debray and Company Serial Number S 704011-2202 1 - Jacobson Greens King IV Triplex Mowing Unit Serial Number 5667 1 - Jacobson Greens King IV Triplex Mowing Unit Serial Number 5677 Purchase price includes 1 extra reel for hydraulic units plus parts in inventory for all units. - ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously approved the purchase of the used lawn mowing equipment from John's Island for $22,000 as described -above. 31 U 9 � BOOK 65 P�-GE 302 AUG 6 266 BOOK 65 P,a r.303 P. Extension_ of Site Plan Approval - (P. Ennessy) The Board reviewed staff memo, as follows: TO: The Honorable Members of DATE: July 23, 1986 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: FOREXTENSION PIERCE EOFYSITEREQUEST Ro ert M. Keatin , AICP/ � Planning & Development/Director I APPROVAL FROM: Michael K. Miller � M REFERENCES: Ennessy Chief, Current Development MIKEII It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 6, 1986. i - DESCRIPTION & CONDITIONS: _ On August 8, 1985, the Planning & Zoning Commission approved a major site plan application submitted by Carter Associates to approve the paving of an existing auto storage lot at the rear of the existing Ennessy Buick -Cadillac car dealership located at 1401 U.S. #1. The applicant has stated that bids received for the proposed construction were substantially higher than anticipated, and it has not been economically feasible to initiate the work prior to site plan expiration. Therefore, pursuant to Section 21.1G, Appendix A of the Zoning Code, the applicant is requesting a 1 year extension of his site plan approval. No ordinances have been adopted since the August 8, 1985 approval which would alter the approved site plan. RECOMMENDATION Staff recommends approval of Pierce Ennessy's request for a l year extension of site plan approval. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously granted a one year extension of site plan Approval as re- quested by Pierce Ennessy of Ennessy Buick -Cadillac. DISCUSSION OF GOLF COURSE MAINTENANCE BUILDING Commissioner Bird noted that we gave Architect Charles Block a target budget of $100,000 for the golf course maintenance building; however, the bids which came in were considerably over 32 FA budget, and the County Attorney suggested that Mr. Block see what could be changed in the scope of the project and negotiate with the low bidders to see what could be done to get back within budget. Architect Block reported that the low bid was $141,000 and he believed most of the problem is in the site area and coordi- nating this particular site which is in the middle of the golf course. He explained that he went to the two lowest bidders and made some suggestions to them. They have come back to him with some new figures, and so far they have taken approximately $27,000 out and are working on getting back in budget. He, therefore,.is here to ask the Commission to reject the 9 bids and authorize him to continue to negotiate and then come back when he feels he has something more in line. Unfortunately there is a time factor because this building will be needed right up front for mower storage, etc., and it will -take 60 days to build. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wodtke, the Board unanimously rejected the 9 bids received on the golf course maintenance building and authorized Architect Block to negotiate with the bidders to try to get the golf course main- tenance building within budget and then come back to the Board.. Chairman Scurlock asked Public Works Director Davis if he is working up a bill for his department's work on the golf course on 7 a monthly basis or just how he is handling this as he did not want it to come as a shock when he suddenly did get all the figures together. He also was concerned that he work up the charge outs for labor, etc., at the Jail. Director Davis advised that he is working on all this, but he is not comfortable with the way we are charging for the equipment because using the equipment rental rates takes it out 33 AUGQ �� BOOK 65 F,,fn,304 of perspective. Boa5lu,E.105 He noted that he had the same problem with petition paving, but resolved it by simply assessing the people $1.00 a foot for equipment, and he would like the Board's okay to handle the equipment charges for this work in a similar manner. Chairman Scurlock stated that if that is what Director Davis felt was equitable, he had no problem with it, and it was indicated that the Board just wished this to be charged out at some reasonable rate. Chairman Scurlock further pointed out that Public Works Director Davis has had to pull crews off some of his normal projects to do these other things, and we must keep track because possibly in some cases it would be cheaper to go out and contract. GOLF COURSE CHANGE ORDER - ALUMINUM PIPE (GUETTLER) Acting Administrator Thomas read the following letter received from Golf Course Architect Ron Gar[: August 5, 1986 Mr. Tommy Thomas INDIAN RIVER COUNTY 1840 25th Street Vero Beach, FL 32960 RE: Sandridge Golf Course Dear Tommy: A change order for the purchase of 840' of 18" aluminum pipe has been issued and I would like to explain where this pipe is being used: 565'. of pipe was added in a total of 8 locations connecting to the 2 drainage canals to satisfy Indian River Farms Water Control District (Marvin Carter, representative). 400' of pipe is to be used to connect 2 lakes for irrigation purposes. (2 lakes to be future effluent holding ponds.) 34 170' of pipe was used to extend drainage into the maintenance area to provide better drainage. 295' of pipe was saved on hole #8- 840' Total. Tommy, I hope this is an adequate breakdown of where this additional pipe is to be used. Should you have any questions or comments, please calla Sincerely, LINKS DESIGN, INC. G. BRUCE C. SHELDON ASSOCIATE 704 S. Missouri Ave. L- AUG LINKS DESIGN INC. Lakeland, Florida 33801 (813) 688-8383 Acting Administrator Thomas explained that the larger pipe is needed in the event the ponds are used for holding effluent in the future. Chairman Scurlock suggested that Utilities Director Pinto be consulted before the pipe is put in to be sure they are going to take the effluent to those holding ponds. Mr. Thomas recommended these lakes be connected for holding purposes in any event because if we had to go in and do this after the golf course is completed, it then would involve much more labor, inconvenience and money. He further pointed out that some money was saved on hole #8 and this is all well within the funds which were allocated for irrigation purposes. Commissioner Lyons concurred that we don't want to chance having to tear up the golf course after it is completed, and he felt this is a cheap bit of insurance. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Lyons, the Board unanimously approved Change Order No. 4 (Guettler & Sons) for aluminum pipe in the amount of $6098.40. 35 Bom 65 nGr 0 U A u G 6 IJ26 Boos 6 F�q,� INDIAN RIVER COUNTY SANDRIDGE GOLF CLUB CONTRACT CUNCa ammit CNANCt 0=1 W. 4 project, Sandridge J1o. Datat 7/31/86 Contractors C'uettler & Sons Conditional The changes described heroin shall be joverned by the taraa and conditions o[ the Cowtcsct, and shell not in any war alter Cho ton a of the Contract, but ahail hereafter be a part of the Contract. Not Change 6098.40 Addition • $ 60984-40 Deduction(-) Contract Amount prior to Change Order -`� Nevi d Conte c nt 0 Reason for Change. Acceptable Tat Date$ Contractor's Representative Recommended byp� C,,_��Pstov 1 XB6 golf c =sar 'tect Approved b Datet �- �" gg owner 36 M M r 12TH ST*. R/W ACQUISITION - SOUTHGATE_MOBILE HOME PARK Public Works Director Davis reviewed the following memo: TO: The Honorable Members of the July 24, 1986 Board of County CcmmissionersDATE: FILE: THROUGH: SUBJECT: 12th Street Right -of --Way Tcmary Thomas, Acquisition - Southgate Mobile Acting County Admmistrator Home Park East of US 1, Parcel #142 M' FROM:Jamas w. Davis, P.E., REFERENCES: George G. Collins, Jr., Y1 Public Works Director o Donald G. Finney dated July 16, 1986 0. 4;04ukl• p io • The property owners for the subject parcel, represented by Attorney Joe Collins, have agreed to sell an 8.5' wide by 3751± parcel along 12th Street to the County for the appraised value of $90,644 (County appraisal by Arnfield-Wagner). To mitigate the adverse impact of the taking of this. parcel, the following items are necessary 1) Relocate all private electrical lines, services, and appurte- nances onto the remaining parcel. The County would contract with the owners electrician, Vero Electric (231-7192) to perform this work at a cost not to exceed $3000. 2) Modify the existing entrance island/fountain area to provide for the relocation of the driveway serving the lot west of the existing entrance. This is primarily masonry work. Estimated cost is $2,000. The water line serving this fountain will be relocated if necessary. 3) Construct a 6' high masonry block wall along the south property line approximately 330' long, with a 16" x 24" pilaster every 20 lineal feet, including 2 coats of stucco. Entrance lighting to replace the existing lighting will be provided. Cost for this work is approximately $45 per L.F. or $14,850. 4) Provide 2 yard drains to intercept existing drainage within the park. Cost is estimated at $1,000. 5) Lot 103 - Remove carport, utility shed, and concrete slab and relocate or replace as required. Lot 122 - Modify carport and necessary concrete work. Relocate or replace aluminum storage shed on lots 101 and 102. Cost for all the above is $3,182.88. 6) Relocate trees and shrubs if possible. Cost $500. 7) Pay attorney's fees of $2,000. ALTERNA=S AND ANALYSIS The above compensation and mitigation complies with the appraisal for the property as prepared by Armfield Wagner Appraisers. It is recommended that the County purchase the approximate 3,131 S.F. Parcel for $9,644 and agree to the mitigation cost of approximately $24,532.88 and attorney's fees of $2,000. Funding to be from Fund 304 - Indian River Boulevard South -Construction Account. 37 AUG 6 1986 BOOK 65 ulj 308 BOOK 65 Fn{GE 909 Director Davis informed the Board that he had anticipated the cost of relocating the electric lines would be $3,000 predicated on the City of Vero Beach setting a new power pole, but the City has indicated they prefer that we go underground which would inflate the price to $4,300. He is still negotiating with the City and trying to get them to put a pole in. Commissioner Bird was concerned about the cost of the miti- gation action desired. He agreed with the reasonableness of relocating utilities and the carport, utility shed, etc., but questioned whether we have an obligation to build a masonry wall 6' high. Director Davis explained that when the work is completed, the existing mobile homes will be 13' from the edge of the actual pavement itself; also, we must be careful to work within the state guidelines which relate to relocation of mobile homes. Commissioner Bird agreed that he could understand why the wall is needed if it is going to be that close to the pavement; he had just not wanted to set a precedent. ON MOTION by Commissioner Lyons, SECONDED by Com- missioner Wodtke, the Board unanimously authorized the purchase of the above described parcel for $9,644 and agreed to the mitigation costs of approximately $24,532.88 and attorney's fees of $2,000. REZONING - E. OF 6TH AVE. N. OF 10TH ST. TO RM 10 (POSTWEILER) The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached,.to-wit: 38 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the Court, was pub- lished in said newspaper in the issues of b 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. A , Sworn to and subscribe bef me t day of A.D. 19 J1ZII • n , _ j% j,,,Sj3usiness Manager) (SEAL) (ClerR of the Circuif Couri,,ifidian River County, Florida) NOTICE - PUBLIC H4ARINm Notice of hearing to consider the adoption of` a County ordinance (toning land from. RS -T, Single-Familyy Residential Dlstrlct to RM -10, Mul- tiple -Family Qidentlal District. The property is 1 presently owned by Johh�G. Postweiler and is presently located north of 10th . Street, seat of eth Avenue and west of the Indian River. The subject property is described as The south 10 acres of Government Lot 5 and the south 10 acres of Government Lot 8, Section 7, Township 33 south, Range 40 east; Indian River County, Florida. A public hearing at which parties in interest and rtunity to be heardiwill llnbe held by the Boars shall have an d t of County Com- missioners of Indian River County, Florida, in the County Commission -Chambers of the County . Administration Building, located. at 1840 25th Street, Vero Beach, Florida an Wednesday. Aug" ust 8,1988, at 9:10 A.M. The Board of County Commissioners may grant intense dwn than the district requested provided.zoning is within the same general use category. Anyone who mey wish to appeal anyy"derision which may be made at this meeting w 1 need to ensure that a verbatim record of the proceedings is made, which Includes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners B :-s-Don C. Scurlock, Jr Chairman _ July 17,29 1986 V Chief Planner Shearer made the staff presentation, noting that this is the fifth rezoning in this area of the Indian River Boulevard corridor in the last 18 months: 39 AUG 6 ' BOOK 65 rAGE 310 AUG 6 1986 BOOK 65 FnE 311 TO: The Honorable Members of DATE: July 1, 1986 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: j POSTWEILER REQUEST TO SUBJECT: REZONE 20 ACRES FROM RS -1, Robert M. KeatingT AICP SINGLE-FAMILY RESIDENTIAL Planning & Devel6pment Director DISTRICT, TO RM -10 MULTIPLE - FAMILY RESIDENTIAL DISTRICT FROM.. �S M. Richard Shearer, AICP REFERENCES: Postweiler Chief, Long -Range Planning RICH3 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 6, 1986. DESCRIPTION & CONDITIONS Steve Henderson, an agent for John Postweiler, the owner, is requesting to rezone 20 acres located one-quarter mile east of 6th Avenue and the north side of 10th Street, extended, from RS -1, Single Family Residential District (up to 1 unit/acre), to RM -10, Multiple -Family Residential District (up to 10 units/acre). The applicant intends to develop this property for multiple -family residences. On June 26, 1986, the Planning and Zoning Commission voted 3 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is undeveloped and zoned RS -1. North of the subject property is undeveloped land zoned RS -1 and RM -8, Multi- ple -Family Residential District (up to 8 units/acre). East of the subject property is the Indian River. South of the subject property is undeveloped land which was recently rezoned from RS -1 to RM -10 West of the subject property is Waverly Place, a condominium development zoned RM -10. Future Land Use Pattern The Comprehensive Plan designates approximately 10.5 acres of the subject property as MD -2, Medium Density Residential 2 (up to 10 units/acre), and designates approximately 9.5 acres of the subject property as Environmentally Sensitive (up to 1 unit/acre). Based on the land use designations of the subject property, the Comprehensive Plan would allow up to 114 dwelling units on the subject property. The proposed rezoning is in conformance with the Comprehensive Plan and is consistent with the RM -10 zoning west and south of the subject property. Transportation System The subject property is in the Indian River Boulevard Corridor, but does not currently have direct access to a County road. The maximum development of the subject property could generate up to 798 average annual daily trips. 40 r Environment The Comprehensive Plan designates 9.5 acres of the subject property as environmentally sensitive. The applicant intends to leave this property undeveloped and transfer the density of one unit/acre (9 units) to the upland area of the subject property. All of the subject property is in an A-10 flood hazard zone which includes areas within the 100 year flood plain. Flood elevations. range from elevation 6 at the west end of the upland property to elevation S at the east end of the environmentally sensitive land. Utilities k Water facilities are generally available in this area. The developer will have to extend a water main to the property to be served. County wastewater facilities are not currently available. RECOMMENDATION Based on. the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. Discussion ensued in regard to the transfer of density credits from the environmentally sensitive area (91 acres) and from the Indian River Boulevard road right-of-way which will take 150' from the west side of the subject property. Chairman Scurlock wished to know what the net actually will develop out to at the proposed density, and Planner Shearer advised that they will be able to transfer 9 units from the 91 acres and the right-of-way will amount to about an acre or so; so, the part of 6t the property that is developed would be at around 11 upa. Chairman Scurlock informed the Board that we are on a grant list for sewers for Rockridge; so, he was very concerned that any projects that close to the river not be on septic tanks but be serviced by some wastewater system that keeps it out of the river. Chief Planner Shearer felt by the time this project is ready to be developed, we will have some type of sewer capability in this area. Commissioner Lyons stated that he would not want to see this area developed except with some public system, and Commissioner Bird concurred. Some discussion followed in regard to sewer lines in the Boulevard extension, and Chairman Scurlock brought up the AUG 6 INS" 41 BOOK 65 P!,,E m112 AUG 6 1986 BOOK 65 uu .913 possibility of doing away with all allocation agreements and trying to get additional capacity from the City to service more out of their plant along that corridor. He noted that Director Pinto will be looking at putting in lines when we put in the Boulevard extension. Commissioner Bowman felt we ought to be able to run the effluent into the impoundments'at Vista Royale, but the Chairman noted that they are at capacity, and another problem is that the DER has not made up their mind about the use of mosquito impoundments. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Lyons, SECONDED by Com- missioner Bowman, the Board unanimously closed the public hearing. Commissioner Lyons had a question regarding how the environ- mentally sensitive area was zoned previously, and Chief Planner Shearer stated it was RM -10. He explained that when such property is rezoned, a line is drawn on the zoning atlas delinea- ting the environmentally sensitive land to the east which is limited to 1 unit per acre. Question arose about the right-of-way for the Boulevard, and Director Davis reported that the property owner has indicated they would donate the right-of-way, but first they want to get their rezoning taken care of. fi Commissioner Bowman wished to know how far back the environ- mentally sensitive land extends from the river, and she was advised that it would be about halfway back on this property. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously adopted Ordinance 86-55 rezoning the 20 acres to RM -10. 42 ORDINANCE NO. 86- 55 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: °` The south 10 acres of Government Lot 5; and the south 10 acres of Government Lot 6, Section 7, Township 33 south, Range 40 east, Indian River County, Florida. Be changed from RS -1, Single -Family Residential District, to RM -10, Multiple -Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this6th day of Augustpi986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By -- , G Don Sc rock, J Chairman 43 BOOK �� AUG 6 ��FF�UE3119816 .AUG 6 1086 ff ORDINANCE AMENDING SEC. 24 - OFF STREET PARKING BOOK D5O F,,,cF 315 The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being @.l111111111111EAFFr•_��� MMWo in the matter of 4"OW -- a in the Court, was pub- lished in said newspaper in the issues of b 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 matterat 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. (f/ Sworn to and subscribed befoW me this .� day of A.D. 19 (SEAL) (Clerk of the Circuit Court, Manager) River County, Florida) NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County. Florida, shall hold a public hearing at which Par, ttunity to be hea d, icitizens Z the Co ratty ll Common Chambers of the County Administration Build - Ing, located at 1840 25th Street. Vero Beach, j Florida. on Wednesday, August 6. 1986- at 9:15 (j a.m. to consider the adoPUon of an Ordinance entMed: Ithat RDINANCE' ` OF INDIAN RIVER COUNTy24:x. O -STREET PARKING . FLORIDA AMENDING AEND . ING REGULATIONS, OF: APPEN- A OF -THE CODE. OF LAWS AND INANCES, KNOWN AS THE ZON• CODE, PROVIDING FOR LIMITED UCTION OF REQUIRED PARKING ES FOR THE PROTECTION OF. ES; PROVIDING FOR REPEAL- FLICTING ORDINANCE CODIFICA- ; SEVERABILITY: AND EFFECTIVE E...py of the PrVosed Ordinance is avallable iam*% Department ot8ce on the second f the County Administration Bulldi tl.- ion ne who mayWishto appeal any ensure iswhich verbatim record of thbe made at this e prol need to ceedings is made, which includes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners. By s- Don C Scurlock, Chairman July 17.29,1956 Art Challacombe, Chief of Environmental Planning, made the staff presentation, explaining that the purpose of this change is to give the applicant -additional flexibility to protect large specimen trees that normally would be eliminated in the site plan approval process by having to work in parking spaces, 44 TO: The Honorable Members DATE: July 1, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keat ng, CP Planning & Develop ent Director AMENDMENT TO THE COUNTY PARKING ORDINANCE CA a FROM: Art Challacombe REFERENCES: Parking Ord. Chief, Environmental Planning DIS:ARTCHA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on August 6, 1986. DESCRIPTION & CONDITIONS: On February 20, 1986, staff held a joint workshop meeting with the Board of County Commissioners and the Planning and Zoning Commission regarding methods for protecting additional trees through the site plan review process. After discussion of the issue, the members of both Commissions directed staff to amend the County off-street parking and loading ordinance in a manner which would save some desirable trees. On June 26, 1986 the Planning and Zoning Commission, in a 3-0 vote, voted to recommend approval of the proposed ordinance amendment to the Board of County Commissioners subject to staff revision or deletion of one of the ordinance's performance standards. That performance standard has been deleted in the current ordinance proposal. ALTERNATIVES & ANALYSIS: The proposed ordinance amendment allows for. a reduction of required parking spaces at one space for each protected tree up to a maximum of ten percent of the total number of required spaces. To receive this reduction, the applicant must meet the following performance standards: 1) The off-street parking area shall contain a minimum of ten (10) parking spaces; 2) The applicant shall agree to replace each protected tree with a parking space in the event of the death or removal of such trees used for parking space reduction. The proposed ordinance amendment provides for Planning & Zoning Commission review and -authorization of all parking space reductions based upon protection of trees. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners adopt the proposed ordinance. 45 AUG 6 1966 L_ BOOK 65 FnUE 316 i AUG 6 1966BOOK 65 The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wodtke, the Board unanimously closed the public hearing. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wodtke, the Board unanimously adopted Ordinance 86-56 amending Sec. 24 of the Zoning Code as described above. ORDINANCE NO. 86- 56 ANu ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 24: OFF-STREET PARKING AND LOADING REGULATIONS, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, PROVIDING FOR LIMITED REDUCTION OF REQUIRED PARKING SPACES FOR THE PROTECTION OF •TREES: PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that; SECTION 1 A new paragraph, Section 24(b)(8) Appendix A of the Code of Laws and Ordinances, Indian River County is hereby created and shall read as follows: (8 ) The number of r where a pr• the Count, within the spaces sha to a maximi of requix following : to ired parki :ree on a c tree protection arking area. be one space of ten percen parkinq sr ts: 3 spaces may ven site, as ordinance, The allowable r be reduced defined by .s located duction of for each protected tree up (10%) of the total number aces after meeting the 1) the off-street parking area shall contain a minimum of ten (10) parking spaces; 2) the applicant shall agree to replace each protected tree with a parking space in the event of the death or removal of such trees used for parking space reduction. The Planning & Zoning Commission shall review and authorize all parking space reductions based upon protection of trees. 46 SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the, unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 CODIFICATION The provisions of this ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such purpose. SEVERABILITY 0 If any section, subsection, sentence, part thereof, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. EFFECTIVE DATE - The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. 47 Boob 65 Pltu 318 AUG 6 1986 BOOK 65 F,�GE319 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6th day of August , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: c_ - Don Don C. Scurlock, Jr. Chairman AMENDMENT TO TREE PROTECTION ORDINANCE The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: a VERO BEACH PRESS -JOURNAL Published Daily NOTICE OF PUBLIC NEARING Vero Beach, Indian River County, Florida TO CONSIDER THE ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Board ar County CommissiOnars of Indian. River County, COUNTY OF INDIAN RIVER: STATE OF FLORIDA Florida, shall hold a public hearing at which par- ties in Interest and citizens shall have an oppor- Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a dail a ublished news I tunny to be heard, in the County Commission Build - Com" of the County Administration Build Vero Beach,, Y P Per P I IN. located at 1840 25th Street, at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Florida, on Wednesday, August 6,1986, at 9:15 a.m. to consider the adoption of an Ordinance a l entitled: AN ORDINANCE' OF INDIAN " RIVER COUNTY, FLORIDA, AMENDING CHAP= TER 23% OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE TREETECTION' - in the matter of Cy INC OR A REV SEID DEFINITION OF. LAND CLEARING AND ESTABLISHING A DEFINITION FOR WOODY PLANT -, VEGETATION; AMENDING - SECTION VEGETATION; 23V,7(A) TO ALLOW FOR THE EXEMP- TION OF LAND CLEARING UNPRO-;. _ in the Court wasub- TECTED VEGETATION FOR THE PUR- POSE OF VEHICULAR ACCESS FOR, - SOIL TESTING: AMENDING PERMIT RE-, . _- NEWAL CRITERIA: AMENDING DETER- lished in said newspaper in the issues of i MINA-noN OF PROTECTED AREA:, CREATING SECTION 23Y2-1 TO ... ALLOW FOR THE ISSUANCE` OF AFTER -THE -FACT PERMITS UNDER- ' CERTAIN CIRCUMSTANCES: AMEND.` :' ING SECTION 23'/e-20, '-EFFECTIVE AND R R Affiant further says that the said Vero Beach Press Journal is a newspaper published at I OAE; FTCONFLICTI GWPROVISIDING ONS. CODIL Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore FICATION,SEVERABILITY. AND EFFEC- _ been continuous) y published in said Indian River County, Florida, each daily and has been TiVE DATE.— _ entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- I A copy of the proposed ordinance is available ty, Florida, for a period of one year next preceding the first publication of the attached copy of i at the Planning Department office on the second advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporatiog any discount, rebate, floor of the County Administration Building: I. Anyone who may wish to appeal any decision need to commission or refund for the purpose of securing this advertisement for publication in the said newspaper. which may be made at this -meeting w311 , ensure that a verbatim record of the proceedings is made, which includes testimony, and evidence Sworn to and subscribed befor met day of A.D. 19 upon which the appeal Is based., Indlan River County Board of County Commissioners By -s- Don C. Scurlock, Chairman 4uty:17; 29,19 t )Musiness Manager) kjL (Clerk of the Circuit CCourt,#qhian River County, Florida) (SEAL) Planner DeBlois reviewed the staff's recorrrnendation of adoption of the proposed ordinance: 48 TO: The Honorable Members DATE: July 7, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: AMENDMENT TO THE COUNTY TREE PROTECTION ORDINANCE or SUBJECT: Robert M. Keati , A Planning & Devel pmeirb Director THROUGH: Art Challacombe FROM:Chief, Environmental P1anrgt�ERENCES: Roland M. DeBlois t-{ F' Tree Prot. Staff Planner RMt> DIS:ROLAND It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on August 6, 1986. DESCRIPTION AND CONDITIONS: Subsequent to a directive from the Board of County Commission- ers, staff conducted a workshop on April 17, 1986 to inform developers and land clearers in Indian River County of Tree Protection Ordinance requirements, and to address any questions or concerns regarding the ordinance. The following issues and concerns were brought to Staff's attention as a result of input from the Board of County Commis- sioners and those who attended the workshop: - The Tree Protection Ordinance definition of "land clearing" could be more precisely defined to minimize confusion as to what constitutes land clearing and therefore requires a permit; - New applications and associated fees should not be required for permit renewals, provided renewal occurs prior to expiration of the initial permit, unless site conditions have changed substantially; - Land clearing for the purpose of vehicular access to perform soil tests should,be exempt from permitting; - After -the -fact Tree Protection Ordinance permits should be obtainable for a cost of three (3) times the amount of the normal permit fees, provided the activities were performed in accordance with permit issuance criteria; - The Tree Protection Ordinance should be amended to allow for more flexibility in its requirement of a five (5) foot radius protected area, to encourage efforts to save trees in circumstances where a five (5) foot radius is not achieva- ble; and Wording in Section 20 of the original ordinance (no. 83-41), pertaining to exempted site plan and subdivision projects approved prior to the effective date, is unnecessary and confusing and therefore should be deleted. Staff is proposing to amend the Tree Protection Ordinance to address the referenced concerns. On June 26, 1986, the Planning and Zoning Commission voted to recommend approval of the proposed ordinance amendment to the Board of County Commissioners. 49 AUG 6 1996 BOOK 65 pn,,L ,1�0 0 J86 BOOK 65 PACE 321 ALTERNATIVES AND ANALYSIS: The proposed ordinance amendments serve the purpose of: (1) clarifying certain sections of the ordinance to minimize need for interpretation; and (2) cutting down on administrative requirements, while maintaining the integrity and intent of the - Tree Protection Ordinance. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the proposed ordinance amendment for adoption. Commissioner Bird noted that we haven't had any violations lately and wondered if we are beginning to accomplish something with our tree protection ordinance. Environmental Planner Challacombe believed that we are, especially since word has gotten out about the fine set for the Amdeco violation. Commissioner Lyons inquired what limitations we have on the clearing of paths as a path is not necessarily straight. Planner DeBlois advised that the ordinance specifies that it would have to be unprotected vegetation that would be removed, and there is also a limitation of 4' width for a path and 10' for vehicle accesses. The Chairman asked if anyone present.wished to be heard, and there were none. ON MOTION by Commissioner Wodtke, SECONDED by Com- missioner Lyons, the Board unanimously closed the public hearing. MOTION was made by Commissioner Lyons, SECONDED by Commissioner Bird, to adopt Ordinance 86-57 amend - the Tree Protection Ordinance as proposed by staff. Commissioner Bowman had a question about the wording "activities governed by tree removal" and believed it should state that is governed by permits for tree removal. 50 M Commissioner Bird noted that this phrase goes on to state permits, but Commissioner Bowman believed this is stated in the wrong order and that permits should come first. Commissioner Bowman next discussed the wording on Page 3 of the proposed ordinance where it states "Such body may also require such restorative measures." She felt it should say somewhere "No mitigation shall be allowed with respect to violations of well established mangroves, sand pines, historic and/or specimen trees." Commissioner Bowman emphasized that mitigate means lessen the damage, and there is no way you can mitigate for the removal of such trees; they cannot be replaced. Commissioner Bird felt mitigate can also mean restitution, but Commissioner Lyons felt we don't want to be in the business of selling historic trees. Director Keating felt in this case we are looking at someone already violating the ordinance and whether or not we want to make them do some kind of replacement in addition to the fine. Commissioner Bowman stated that rather than mitigation, we should call for replacement. Commissioner Bowman further noted that she saw no reference 6, to the drip line, and Director Keating felt when it is required that a 5' or drip line area be protected, we end up losing more protected trees because if they can't meet that requirement, they take the tree out. That is why staff is trying to provide more flexibility by reducing the area around the tree that would have to be protected. Commissioner Bowman believed we need another ordinance. She was extremely concerned by what they have done to the vegetation on the east side of A -1-A in Brevard County and feared the same thing is happening at the north end of our county because people are completely careless about the native vegetation. They dig it out and and plant lawns, and we have a water problem on the barrier island in that area. She stated that she would like to have an ordinance drafted that would not allow anyone to take out 51 BOOK 65 PAGE o�?� FF"-.�UG 6196 BOOK 65 FAUE.?;3 one bit of native vegetation up there except where the foundati-on slab is going to be and possibly a bit of leeway around the edges. Director Keating understood her concern. He did not believe" our ordinance has protected trees and understory to the extent we had hoped, but he felt we are treading a thin line between allow- ing people adequate use of their property and protecting the vegetation. Commissioner Bowman enumerated a list of trees that we do not even have on our protected list, including sea grape and eugenia, and felt we should do something about them. - Commissioner Lyons felt we possibly should have a special ordinance for that area, and Commissioner Bowman agreed that was absolutely necessary. Chairman Scurlock felt that this would indepth drafting, and we cannot do that today. He suggested we deal with the ordinance proposed today and then have a Motion re an additional ordinance. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to adopt Ordinance 86-57. It was voted on and carried unanimously. ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Lyons, the Board unanimously authorized staff to draft a special ordinance to protect native vege- tation in the area between A -1-A and the ocean where we are short of water. 52 r■� r INDIAN RIVER COUNTY ORDINANCE NO. 86- 57 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 23J OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE TREE PROTECTION ORDINANCE; AMENDING THE DEFINITION OF LAND CLEARING; AMENDING PARAGRAPH 23J -7(A) TO ALLOW FOR THE EXEMPTION OF LAND CLEARING UNPROTECTED VEGETATION FOR THE PURPOSE OF VEHICULAR ACCESS FOR SOIL TESTING; AMENDING PERMIT RENEWAL CRITERIA; AMENDING DETERMINATION OF PROTECTED AREA; CREATING PARAGRAPH 23J -16(B) TO ALLOW FOR THE ISSUANCE OF AFTER -THE - FACT PERMITS UNDER CERTAIN CIRCUMSTANCES; DELETING SECTION 23J-20, EFFECTIVE DATE; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 Paragraph 231-5(g) is hereby amended as follows: Section 23}-5. Definitions. * t g) Land clearing: The remeye-l--or grubbing, by any means, of any type of vegetation from land not including, however, activities governed by tree removal or mangrove alteration permits. SECTION 2 Paragraph 23J -7(a) is hereby amended as follows: Section 23J-7. Exemptions. Notwithstanding anything to the contrary in this ordinance, the following activities shall be lawful without application for or issuance of a tree removal or land clearing permit. None of these exemptions shall apply to any mangrove, dune vegetation, specimen or historic tree, unless otherwise stated below. The burden of proving entitlement to any particular exemption shall lie with the person claiming use of the exemption, in the event the exempted activity ever becomes subject to an enforcement proceeding. (a) The l4:ffli- ted- -prtxri g--arid- -t-L-iirtminng removal, trim- ming, pruning or alteration of any unprotected tree or other vegetation as necessary for: CODING: Words in strhek-threugh type are deletions from existing law; words underlined are additions. 53 BOOK un 5 Fra„iE 3 i,?4 r .AUG BOOK 65 rni.92 (1) The clearing of a path not to exceed four (4) feet in width to provide physical access or view necessary to conduct a survey or site examination for the preparation of subdivision plats, site plans, or tree surveys; or (2) The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation and/or soil bore tests on a property, provided such clearing or removal is conducted under the direction of a Florida registered surveyor or engineer. SECTION 3 Paragraph 23J -11(d) is hereby amended as follows: (d) Any permit issued hereunder shall remain valid for a term of dix (6) months and may be renewable for a second six (6) month period upon request to the Environmental Planner, provided said request occurs prior to the expiration date of the initial permit. The Environmental Planner may require - reapplication and full review in those renewal cases where site conditions have changed substantially from the date of issuance of the initial permit as a result of natural growth of trees and vegetation, or high winds, hurricane, tornado, flooding, fire, or other act of God. If a permit required by this ordinance has been issued concurrently with site plan or subdivision approval, then such permit shall run concurrently with the site plan or subdivision approval and shall be renewed together therewith. SECTION 4 Section 231-12 is hereby amended as,follows: The Environmental Planner shall review each application, and may inspect each site, for the purpose of making a determination as to the appropriate protected area to be designated for those protected trees on a given site. The protected area shall be established based upon consideration of the species, age, size, condition of the tree, or soil condition, topography, means of protective barrier proposed, or other relevant criteria, and shall be established for the purpose of 54 M . 10 protecting the roots and trunk of a protected tree both during and after construction. In no event shall the protected area be less than an area measured five (5) feet radially from the center of the tree at its base unless expressly determined by the Environmental Planner that a smaller specified protected area may SECTION 5 Section 231-16 is hereby amended as follows: (a) A violation of any provision of this ordinance shall be punishable upon conviction by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00), or by imprisonment in the County jail up to sixty (60) days, or both such fine and imprisonment. The destruction or alteration of each tree or plant under this ordinance shall be considered a separate offense. The destruction of an historic or specimen tree, mangrove, or any -dune Vegetation, contrary to this ordinance shall receive the maximum penalty provided by law. Any violation of this ordinance is also subject to prosecution before the Indian River County Code Enforcement Board in accordance with applicable law and subject to penalties allowable under the Code Enforcement Board Ordinance. In addition to either of the foregoing remedies, the County or any aggrieved party having a substantial interest in the protections provided by this ordinance may apply directly to a court of competent jurisdiction for mandatory or prohibitive injunctive relief. In any enforcement proceeding, the adjudicating body may consider mitigating measures voluntarily undertaken by the alleged violator such as replacement or relocation of trees or vegetation, or other landscaping improvements, in fashioning its remedy. Such body may also require such restorative measures. (b) Permits required by this ordinance may be obtained after -the -fact for land clearing, tree removal, and manqrove alteration activities, upon determination by the Environmental Planner that such activities were performed in accordance with permit issuance criteria specified in Sections 23}-8 and 231-9 The fee for an after -the -fact permit shall be three (3) times the 55 AUG 6 R0 �U ` 9,6 BOOK Dz) FnAV amount of the normal administrative fee as provided for in Section 23J-11 (a) (6) . nL+nmT�*� r Section 23}-20 is hereby deleted. Seetien-23}-297-Bifeetive-Bate Th4:9--shall --becom�--ef'feetlye--as--1aw--vfk--the -18th- -the -4ante-rtrf--reee-1pt--o-€-aekaewledge - men t---rofft--•byre a-f-erd- inaaee . Any- gr-o-j-eet-4has--treee-ived--f -p-lrw --,&r a"bdjyjsjea-r-1--p-r6io-r--te-t4re--a€€eciti-,f e,-date -frf--t*i9--erdi- mane e-sha4 a- rs-i--eftemp -€mom-rt-& ,--with-the exeegt4:en--.&€-i&arrgr-ove--alae-ret3em--si---retmyup�lr- t is mitis--whieh -a4:-1 epi--ae#_y-v-i-t -meg-i�rrri�rg--os -the e�teet�*ae-date-he�ee�- REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida - which conflict with the provisions of this ordinance, are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 8 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate work, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 9 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconsti- tutional, inoperative or void, such holdings shall not affect the 56 ORDINANCE NO. 86- g 7 remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part.' SECTION 10 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6thday of August , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By C DON C. SCURLO K, JR. Chairman ORDINANCE AUTHORIZING ALCOHOLIC BEVERAGES AT COUNTY GOLF COURSE The hour of 9:45 o'clock A.M. having passed, the Deputy 81 Clerk read the following Notice with Proof of Publication attached, to -wit: 57 AU6 BOOK 65 I lu ,398 1 10 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter ofWzll,, 40zkw:d= 49, in the lished in said newspaper in the issues of Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian Riven 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 subscribAd be re me 's day of A.D. 19 • j (�ugln;Wager) (SEAL) (Clerk of the Circuit Court, Indian River County, Florida) BOOK 65 PA'UF ?9 PUBLIC NOTICE e Board of County Commissioners of Indian River County, Florida, will conduct a Public Hearing on. Wednesday, August 8, 1998 at 9:45 a.m. in the Commission Chambers at 1840 25th Street, Vero Beach, FL 32980, to consider the adoption of an ordinance entitled: .- AN ORDINANCE OF INDIAN RIVER COUNTY AUTHORIZING SALE AND, s CONSUMPTION OF ALCOHOLIC, BEVERAGES AT THE INDIAN, RIVER COUNTY SANDRIDGE GOLF CLUB; PROVIDING FOR INCORPORATION IN ' CODE, SEVERABILITY, AND EFFEC- TIVE DATE. If any person decides to appeal any decision made on the above matter, he/she will need a record of the proceedings, and for such pur- poses, he/she may need to ensure that q verba- tim record of the proceedings is made, which record Includes the testimony In evidence on which the appeal is based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DON C. SCURLOCK, JR., CHAIRMAN July 14,1998 13� Commissioner Bird noted that staff has been researching what we can and can't'do in the golf course area, but he felt this is needed. The Chairman asked if anyone present wished to be heard. Burdette Doctor, Pastor of the Winter Beach Baptist Church, came before the Board to express his opposition,, to the sale and consumption of alcoholic beverages at this site. He felt statistics make it clear that alcohol and the use of it is probably the number one menace in our society, and due to this being a County owned building, he felt we should stay with the guidelines we have for regulating our beaches, etc. It was determined that no one else wished to be heard. 58 e �] ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wodtke, the Board unanimously closed the public hearing. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wodtke, the Board unanimously adopted Ordinance 86-58 authorizing the sale and consump- tion of alcoholic beverages at Sandridge Golf Club. ORDINANCE NO. 86- 58 AN ORDINANCE OF INDIAN RIVER COUNTY AUTHORIZING SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE INDIAN RIVER COUNTY SANDRIDGE GOLF CLUB; PROVIDING FOR INCORPORATION IN CODE, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Indian River County as follows: Q ter -:-1 nKi SANDRIDGE GOLF CLUB m Notwithstanding the provisions of Section 174-4.(b)(28), the sale and consumption of alcoholic beverages shall be permitted at the Indian River County Sandridge Golf Club. The sale of such alcoholic beverages shall be permitted only by the vendor authorized by Indian River County to sell alcoholic beverages at the Sandridge Golf Club. No person other than the authorized vendor shall bring alcoholic beverages into the Sandridge Golf Club. SECTION 2. INCORPORATION IN CODE This ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. 59 AUG�� 6 Boa FA �� 330 AUG 6 197 BOOK 65 SECTION 3. SEVERABILITY If any. Section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6th day of _ August 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY _1i� ORtL C i Chairman DISCUSSION DOUGLAS SCHOOL Ervin Cartwright, Vice President of the West Wabasso Civic Club, came before the Board in regard to their request for permission to remodel the Douglas School Cafeteria for public assembly. He noted that this is not the first time this has been before the Board, and since the E.O.C. doesn't have enough funds to start doing anything, the Civic Club would like to be able to do something rather than have the cafeteria deteriorate any more. He noted that this facility could be used by the entire North County and also help out the firemen and give them a place for their meetings. 60 Commissioner Bird believed the agreement we had was that the E.O.C. was going to come up with some money and do some part of the school, but apparently the Civic Club wants to proceed with their part on their own. He asked if they have the money to make the renovations and for supervision and maintenance. Mr. Cartwright stated that they have some money, but it is budgettime when.the Board distributes money and he felt if they can give money to high officials who leave, they can contribute something to this building. Commissioner Bird believed we have a lease arrangement for the Roseland Community Building, and Acting Administrator Thomas confirmed that we do and with Rockridge also. Commissioner Bowman felt Roseland just about broke even on their lease arrangement. Chairman Scurlock believed we should follow that same approach. He suggested that we authorize the County Attorney to structure a lease agreement with the West Wabasso Civic Club on the same lines as the Roseland lease, and obviously the things needed must be done before the building can be occupied. Mr. Cartwright stated that he would like to have information 41 as to how they operate the Roseland facility. Commissioner Lyons referred to the following estimate prepared by Lynn Williams, Buildings Superintendent, in July of 1985, and wondered if those improvements are ones that would be approved by the Planning & Development Department. s 1sooK 65 Fay 339 L— AUG 6 19086 AUG 6 1986 Boa 65 FKU IPS TO: Mike Wright DATE: July 2, 1985 FILE: County Administrator Thru: Sonny De Douglas School General Sery Director SUBJECT: Cafeteria Rehabilitation AFROnny Williams superintendent REFERENCES: Buildings & Grounds Staff was requested to investigate requirements for conversion of the Douglas School Cafeteria for use as a public assembly building. the investigation included discussion with the County's Planning Staff, Building Department Officials and Indian River County Environmental Health Staff. The following is an outline of needed changes, repairs and additions to the site and building as -required for its intended use: I. Site Work TheeCafeteria was considered as a separate building and, therefore, a separate site for the purpose of this investigation. a. Parking - a total of 18 spaces inclusive of 1 handicapped space, would be required, this is based on 1 space per 200 square feet of building served (Total of approximately 3,500 square feet). Considering the building use as infrequent (not daily), spaces would not require pavement. Sod over stabalized base would be acceptable. b. Landscaping - minimal landscaping would be required in the parking area. Installation of five (5) trees and shrubbery for hedges along the road right-of-way are the expected additions. A sidewalk from the parking area to the present entrance, approximately 75 feet by 4 feet wide will be required. C. Signage -. Proper entrance and exit signs for the parking area and handicap spaces will be required. d. Fencing - An entrance gate would be required in the existing fencing to allow direct entrance from the parking area. e. Site Plan Approval - limits of development should be set for the area of the cafeteria defining the area to be considered for minor site plan approval. II. Building Alterations a. Water - A water source for the bathrooms must be provided. An existing well is on site. However, for.the purposes of serving the Cafeteria alone, it will be more economical to install a new well, pump and tank. The existing well would -fall within 75 feet of a proposed septic tank drainfield. b. Sewage - The building is presently served by a grease trap/septic tank. The effluent is discharged into a lift station and transferred to a package sewer treatment plant on the north end of the property. Considering the proposed use of the building and the cost of repairing, operating and 62 .4 maintaining the treatment plant, staff feels it is more economically feasib].e -o provide an elevated dr-ainf ield for the existing supLic sy�:.Lwrl. C. Additional Restroom - one additional rest room, handicap equipped, will be requ.iro w_.thin the cafeteria building. The existing restroom :�:Z�r_;1 " be modified if possible to meet handicap requirements. d. Repairs to existing Plumbing - the kitchen area of the - building will require minor repairs to the existing plumbing before water could be pr,:,v__dedl for the rest rooms. e. Electrical - .Existing lighting and electrical outlets are adequate for the intendec: U -se. A new main breaker and separate meter will be required to provide electrical service to the hu i Id ing. 'Where pro twn existing ulectr_ ical panels, however, serves prim, rily the. former kitchen area and would not be required for the main meeting room. Additional electricity would be required in the rest rooms and to provide for the water pump operation. Entire electrical system must be upgraded to reflect National Electrical Code requirements. f. Heat - No heat is available presently, and is riot required by code. The items above reflect requirements for use of the building on an infrequent or intermittent basis and only as a public assembly building. These requirements would not cover use on a daily basis or for purposes other than meetings (i.c.-food preparation). More stringent guidelines exist for additional uses. Listed below are the projected costs for each of the items outlined - above: I. Site Work a) Parking - $1800 b) Landscaping - $1500 c) Signage - $ 100 d) Fencing - $ 250 e) Site Plan - $ 125 TOTAL $3775 II. Building Alterations a) Water Source - $1450 b) Sewage - $3000 c) Restroom - $1500 d) Repairs - $ 250 (Plumbing) e) Electrical - $1500 f) Heat - N/A '. TOTAL $7600 I feel I should stress the possibility of unforseen conditions additional requirements that may become necessary upon or site plan ,approval or Building Department.inspections. I have not included costs for surveying or layout of the area as it was unclear if this was necessary. My projections are based on the best information avai.Jab.le and do not. include c.;ozincti-c r( pairs o.r' m,ri.nt0r),in such as windows, doors, u, repili r.s or paint. 63 L_'AUG 6 1986 BOOK Fr -AUG, 6 190 BOOK 65 Pr!,E , Commissioner Bird believed the lease would have to read that the building would be operated and maintained in accordance with local regulations. Chairman Scurlock agreed, but expressed his opinion that it would cost between $15-20,000 to meet the minimum requirements. Commissioner Lyons felt some of the things listed can be done with community effort. Commissioner Bird suggested we specify some reasonable time period for them to bring the building into a usable condition, and after discussion, it was generally agreed to set it at a year. Commissioner Wodtke believed Mr. Cartwright is talking about using this cafeteria just for public assembly and pointed out that if they want to use the kitchen facilities, it will require more extensive repairs, including the sewage system. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously authorized staff to work with Mr. Cartwright and the County Attorney to draw up a proposed Lease and bring it back to the Commission for final action. CHANGE OF OWNERSHIP - RIVER BEND FRANCHISE TO CORALSTONE CLUB The hour of 10:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 64 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J, J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach -Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a U c r n in the matter of In the Court, was pub. lished in said newspaper in the issues of 44!2��1 ' / 7 1 fO Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. i Sworn to and subscribed efore a thi day of 1'2,,1v A.D.`' � 't C e I I ' / L,�— �� 1n. •� ss (Business Manager) (SEAL) (Clerk of the Circuit Court, Indian River County, Florida) ,or= OF Filme The Indian RIW County Boar 91 County Cm shite ant oaf tx.".: Mang On August i 1888 at 10:15 Ash, In the Commgalon Chambers Ideated at 1.%-.-s %t awl Wnsider grantin a wastewater syete n franchise to Consolidated Vi dbe Coralstone Club lltilhy Company, wastewater system Franchise. epeny located non of Indian River Shores on AIA and south of SR510 running from Atlanrpi0aan to gw Indian Rini (ase map below). - q:thim . `- may° - 3.� tmrsma ale LTatn aWor z- by t0 i a f t4g0a5i p%avusme ale UralR @PA°n � ��� sin uxv.mam vm°tgamen�snmi "\ no xi)0=0vaa1mr All Interested persons m invited to Ihls . It eery Person deer ,..to appeal cry daemio made by Ne Board of County Commiasionare cal rasped to airy manoarleldered at"mee ed ing, he/she will nea record of the proceedings, and that for such p Mrshe may need t ensure that a verbatim record Includes the testimony and evidence upo appeal is to be heard. Con C. Scurlock, Jr., Chairman Indian River County .. Board of County Commissioners July 25, 26. 28.1886 ? .- I l: ti. . M The Board reviewed staff memo, as follows: TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 21, 1986 THRU: L.S THOMAS, ACTING ADMINISTRATOR VIA: ERRANCE G. PINTO, DIRECTOR OF UTILITY SERVICESI'�V FROM: LISA M. ABERNETHY, FRANCHISE ADMINISTRATOR-YA, SUBJECT: CHANGE OF OWNERSHIP, RIVER BEND FRANCHISE TO CORALSTONE CLUB FRANCHISE BACKGROUND: River Bend Franchise resolution 82-60 was accepted on July 8, 1982. Since that time franchise fees and franchise compliance has not been fulfilled. Consolidated Vista Development Corporation has requested a change in ownership and a name change of franchise. They have also agreed to comply with all requirements outlined within the new franchise resolution which has been accepted and is attached hereto. 65 i Bm. 6 5 f; F 3,136 4 FF"_ I AUG 61986 BOOP( 5Irvu -F 337 RECOMMENDATION: The Utility staff recommends that the Board of County Commissioners accept and approve the change in ownership and name change of the Florida Land Company, River Bend Utilities to the Consolidated Vista Development Corporation, Coralstone Club Utility Company, by means --of public hearing. The new utility franchise will have thirty (30) days in which to bring the franchise up to date. Chairman Scurlock advised that Florida Land sold their property, and the Coralstone Club purchased it and is looking to transfer the franchise. We want the franchise brought up to current standards. Assistant Utilities Director Barton reported that the old franchise was never activated, and in the course of the name change, the franchise was brought up to current standards. ON MOTION by Commissioner Lyons, SECONDED by Com- missioner Bowman, the Board unanimously accepted the staff recommendation to approve the change in ownership and name change of the Florida Land Company, River Bend ,Utilities, to the Consolidated Vista Development Corporation, Coralstone Club Utility Company and adopted Resolution 86-49, Coralstone Club Utility Company Waste- water System Franchise. 66 RESOLUTION NO. 86-49 FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND CONSOLIDATED VISTA DEVELOPMENT CORPORATION This Franchise Agreement dated this 6th day of August , 1986, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 - 25th Street, Vero Beach, Florida 32960, (305) 567-8000, (hereinafter referred to as "County") and Consolidated Vista Development Corporation (hereinafter referred to as "Utility") WITNESSETH: That for and in consideration of the premises and other good and valuable consideration, it is hereby RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: SECTION I This Resolution shall be known and may bg cited as the CORALSTONE CLUB UTILITY COMPANY WASTEWATER SYSTEM FRANCHISE. SECTION II DEFINITIONS For the purpose of this Resolution, the Following terms, phrases, words, and their derivations shall have the meaning given herein. (a) "County Engineer" may be "County Administrator or County Utilities Director". (b) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. RESOLUTION 86-49 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 67 �AUG 61986 BOOK. F�;ro AUG 6 1986 BOOK 65 A rr PRESENTATION RE SPOIL ISLAND RESTORATION OF COASTAL HAMMOCKS Brian Barnett of the Florida Fresh Water Game and Fish Commission brought the Board the following proposal: ESTABLISHMENT OF NATIVE HAMMOCK VEGETATION ON SPOIL SITES DOMINATED BY AUSTRALIAN PINE Proposal The Office of Environmental Services of the Florida Game and Fresh Water Fish Commission (GFC) proposes to plant native trees and shrubs characteristic of subtropical coastal hammocks on several county -owned sites containing dredge spoil and currently vegetated with Australian pines. The GFC would provide transportation to the suppliers, and all labor associated with planting and monitoring. Indian River County would purchase the seedlings using funds generated by tree ordinance violation fines. Background and Purpose The coastal hammocks of Indian River County provide excellent wildlife habitat, however, they are also highly desirable as "people habitat" and are being lost to residential development. Conversely, the near monoculturel growth of Australian pine found on many dredge spoil sites provides relatively poor wildlife habitat. A GFC study plot to determine the feasibility of planting hammock vegetation on spoil sites dominated by Australian pines has been highly successful. Since many of these spoil sites are on public lands and can be protected from development, a unique opportunity exists for upland habitat enhancement. A principal factor in the lack of ecological succession on spoil sites dominated by Australian pine is the lack of an adjacent seed source. Where hammock and spoil are juxtaposed, hammock vegetation readily invades the Australian pine community. By planting areas of hammock vegetation within a spoil site, a proximal seed source is established, greatly accelerating the long-term succession from Australian pines to a coastal hammock community. Planting Sites Three sites on county property have been selected. Seedlings would be planted from 2 -inch square lines at a density of approximately 1,700 trees per acre (5 -foot centers). The sites are as follows: Round Island - 2 sites, 1 acre and 1/3 acre - 2,260 trees Little Round Island (east of R.I.) - 1 acre - 1,700 trees Wabasso Island - 2 sites, total nearly 3/4 acre - 1,240 trees Planting on the Wabasso Island sites would be coordinated with the site plan for the Pelican Island Audubon Society's nature center. Species Thirty-five species of trees and shrubs would be planted, with a total of 5,200 seedlings on the three sites. The species are as follows: sweet acacia coral bean blolly torchwood inkwood cat's claw marlberry white stopper wild coffee gumbo limbo Spanish stopper live oak tough buckthorn firebush white indigoberry American beautyberry black ironwood cabbage palm Jamaica caper mastic soapberry limber caper twinberry saw palmetto sugarberry myrsine paradise tree fiddlewood lancewood necklace pod pigeon plum red bay yellow elder _ sea grape Jamaica dogwood 68 r Suppliers Three suppliers would be utilized to obtain the full complement of hammock species. They are: Plants for Tomorrow 8862 D Lawrence Road 2,650 seedlings Boynton Beach, F1. 33436 $1,168.50 Florida Keys Native Nursery, Inc. 102 Mohawk Street 1,650 seedlings Tavernier, F1. 33070 $577.50 Green Images , 8100 Curry Ford Road 900 seedlings Orlando, Fl. 32822 $405.00 The total cost for 5,200 seedlings is $2,151.00. The suppliers curre tly have in stoR ufficient numbers of seedlings for our project, but tiere is the puss bitty that some species numbers will have tobe adjusted, based on availability, at the time a purchase order is issued. This may vary the price somewhat, but probably less than 10% either way. Follow-up The GFC would give the County Commission a progress report approximately one year after the seedlings are planted. This will be the first phase of a long-range goal to plant coastal hammock species on many publically owned spoil sites, including some of the islands along the Intracoastal Waterway. Mr. Barnett informed the Board that their earlier projects on the spoil islands were quite successful and some of the trees are now over 10' tall. He emphasized that the Game and Fish Commission is interested in this project because it will significantly enhance upland habitat. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to approve the proposal of the Florida Game and Fresh Water Fish Commission to plant seedlings on three county sites and authorize the expenditure of $2,151 for said seedlings, the monies to be taken from the Tree Violation Fine Account per the following budget amendment: 69 L� AUG 6 1906 BOOK 65 TO: Honorable Board of County Commissioners FROM: Joseph A. Baird OMB Director Boa 65F�+ c DATE: July 30, 1986 FILE: SUBJECT: Budget Amendment REFERENCES: Budget amendment in the amount of $2,151 to purchase seedlings for re- storation of coastal hammocks (spoil sites). Account Number -Account-Name Revenue 117-000-354-001.00 Expense 117-210-572-035.34 Tree Ordinance Fines Landscaping Materials Increase Decrease $2,151 $2,151 Commissioner Wodtke commented that last year's freeze devastated the pines on Memorial Island, and he wondered if anything could be done about that. Mr. Barnett advised that they have been approached by the City in that regard. The City is looking for something larger than seedlings and they have just recommended more frost resistant varieties. He noted that the sites they have listed in their proposal are more protected and have not frozen. Commissioner Bird inquired if the Game & Fish Commission ever got into completely removing the pines and doing a project, and Mr. Barnett explained that if you do that,,you instantly get a pepper tree forest. Their project creates an understory, and then the natural production of the pines ceases. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 70 CHANGE ORDER #4 - SR 60 SEWER (FINAL.PAYMENT COASTLINE UTILITIES) The Board reviewed memo of the Assistant Utilities Director: TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 29, 1986 THRU: TERRANCE G. PINTO FROM: JEFFREY K. BARTON SUBJECT: CHANGE ORDER #4 (FINAL QUANTITIES) AND FINAL PAYMENT - COASTLINE UTILITIES, INC. Background and Conditions Indian River County through its Utilities Division entered into a contract with Coastline Utilities, Inc. for the construction of. the Route 60 - Sewer Collection System. This contract has had three change orders as the work proceeded. Change Order #4 is for final quantities and an increase of $644.17 to the contract, bringing the total contract to $1,275,070.88. Recommendations County Utilities Staff recommends the of County Commissioners: following actions to the Board 1) Approve Change Order #4 for the amount of $644.17 only but not any extension in time. 2) Approve final payment to the Contractor in the amount of $186,913.26. ($196,115.96 less engineering fees questioned in the amount of $9,202.70 as outlined in attachments). 3) Approve the holding of $9,202.70 until the engineering question and the extension of the time under change Order #4 are resolved. ON MOTION by Commissioner Wodtke, SECONDED by Com- missioner Bird, the Board unanimously approved Change Order #4 for the amount of $644.17 only, but not the extension of time; approved final payment of $189,913.26; and approved the holding of $9,202.70 until the engineering question and the extension of time are resolved. 71 a BOOK P{.�'r: =�# AUG 6 1956 J rp"- AUG 6 ISSN CHANGE IN CONTRACT TIME: Original Contract Price I $ 1,330,377.00 180 8001( �y Previous Change Orders No. 1 to No. 3 Net change from previous Change Orders $ 173,100.00 Added 7 •; days CHANGE ORDER Contract Time Prior to this Change Order $ 1,275,715.05 187 4 - Final • Net Increase (dacwm* of this Change Order No. bo PROJECT State Road 60 DATE OF ISSUANCE: June 2, 1986 Contract Price with all approved Change Orders Wastewater Improvements $1,275,070.88 C OWNER: Indian River County 1840 - 25th Street (Name, Vero Beach, FL 32960 Address) U84-2 CONTRACTOR: OWNER's Project No. Coastline Utilities, Inc. 7436 S. Highway One, Ste. 51% ENGINEER: Carter Assoc/WHS Port St. Lucie, Florida A Joint Venture CONTRACT FOR: 1708 - 21st Street Vero Beach, Florida 2130-02 ENGINEER's Project No. You are directed to make the following changes in the Contract Documents. Description: Adjustments to Unit and Lump Sum Quantities a Purpose of Change Order: Adjust Final Contract Quantities Attachments: (List documents supporting change) Exhibit "A" and attached correspondence CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 1,330,377.00 180 days or d to Previous Change Orders No. 1 to No. 3 Net change from previous Change Orders $ 173,100.00 Added 7 227,761.95 Deducted days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 1,275,715.05 187 days ardata Neta f (decrease) of this Change Order Net Increase (dacwm* of this Change Order bo $ 644.17 ,�S days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $1,275,070.88 C days or data RECOMMENDED: APPROVED: .APPROVED: Steve Shoberger Frank Monte kM by ... _ eon by o by,Cc-� Conuwwr VC- MOM i946 &B (•1983 Editi'oQ August 6, 1986 Prepared by shs FAMMW loW Coax"" ZoafUWC&............. .....c -- "WaMd py flta AWWWW G==W Comacwrs of America. 72 PURCHASE OPTION - BENT PINE UTILITY COMPANY The Chairman reviewed memo of Utilities Director Pinto: TO: Board of County Commissioners DATE: Jul" 28, 1986 THRU: L.S. Thomas, Acting Administrator FROM: Terrance G. Pinto, Director of Utility Services SUBJECT: PURCHASE OF BENT PINE UTILITY COMPANY 4 BACKGROUND The Bent Pint Utility Company Water and Wastewater System Franchise has acknowledged the seventh year of the franchise agreement. Resolution 79-111, Section XIV, Escrow Charges states that 11.., the County after notice from Corporation shall have the right to purchase the Corporations water and sewer plants... 11 On June 30, 1986 the Corporation presented the Utility department with the purchase option notice. RECOMMENDATION Utility staff has reviewed the existing franchise agreement and feel at this time that it is not in the best interest of the County to purchase the water and wastewater system. Utility staff asks the Board of County Commissioners to approve the attached letter notifying the Corporation of the same and for the Corporation to enter into a new franchise agreement as stated in Resolution 79-111. July 28, 1986 0 Bent Pine Utility Company Mr. James L. Harris 255 S. Orange Avenue Suite 900 Orlando, FL 32801 RE: PURCHASE OPTION OF THE BENT PINE UTILITY COMPANY Dear Mr. Harris: This is to acknowledge the receipt of your letter dated June 30, 1986, regarding the purchase of the Bent Pine Water and Wastewater System. At this time we feel that it would not be in the best interest of the County to purchase the system. We will ask that you file a new franchise agreement with the County as stated in Resolution 79-111. Please do not hesitate to contact me at telephone 567-8000, extension if you have any questions or comments. Sincerely, TERRANE C. PIKT01 Director of Utility Services 73 AUG 6 1905 BooK 65 F,�. c,344 AUG G 1986 Bov 65 FA -UE 345 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to approve the proposed letter notifying Bent Pine Utility Company that the County does not intend to pursue its purchase option and asking that they enter into a new franchise agreement. Commissioner Wodtke asked about impact fees, and Assistant Utilities Director Barton advised that Bent Pine collects them from the people developing the lots. However, those fees do not come to the county, and that is why the franchise is being brought up to date. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. OCCUPATIONAL LICENSE ORDINANCE The hour of 10:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 74 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being in the matter of in the Court, was pub- lished in said newspaper in the issues of I 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. A Sworn to and (SEAL) A.D. 19 (Clerk of the Circuit Court, Indian County, Florida) PUBLIC NOTICE The Board of County Commissioners of Indian River County,' Floridai will COaduct a: Public ` Hearing on Wednesday, August 6. 1966 at 1OAS a.m. in the Commission Chambers at 1840 25th Street, Vero Beach, 'FL 32960, to Consider the adoption of an ordinance entitled: ORDINANCE OF .INDIAN RIVER COUN- TY, FLORIDA, REPEALING SECTION 51-1, CODE _ OF LAWS AND ORDI- NANCES OF INDIAN RIVER COUNTY; CREATING A NEW OCCUPATIONAL LI- -CENSE ORDINANCE; REVISING OCCU- PATIONAL -LICENSE TAXES IN AC- ' CORDANCE WITH SECTION205.033 FLORIDA STATUTES; PROVIDING FOR DEFINITIONS, INCORPORATION IN CODE; SEVERABILITY AND EFFECTIVE . DATE if any person decides to appeal any decision made on the above matter, he/she will need a record of -the proceedings, and for such pur-- poses; he/she may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony in evidence on which the appeal is based. 'INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ". DON C. SCURLOCK, JR., CHAIRMAN July 19, 1986 Assistant County Attorney Bruce Barkett made the following presentation: TO: The Board of County Commissioners DATE: July 30, 1986 SUBJECT: Occupational License Ordinance FROM: Bruce BarkettM Assistant County Attorney A revised Occupational- License Ordinance is attached for your consideration. The new ordinance has been reviewed and approved by the Occupational License Committee, which was chaired by Tax Collector Gene Morris. The major modifications to the old ordinance are as follows: 1. Pursuant to Section the occupational License flat rate is raised by $100 or less; by 50% fo $101 and $300; and by 25 or more. 205.033, Florida Statutes (1985), tax for those licenses issued at a 100% for those licenses which were r those licenses which were between for those licenses which were $301 75 �U �9�", BOOK 65 P,�Gr.346 BOOR 65 Fr9 l,1`"4 2. Pursuant to the same statute, most licenses levied at graduated or per-unit rates are increased by 25%. (For example, restaurants, which pay at a graduated rate depending upon number of seats.) 3. Contractors; public service businesses; and persons in the business of manufacturing, processing, quarrying and mining wi 1 I pay a flat tax under the new ordinance instead of a graduated tax based upon the number of employees. The older ordinance was difficult to administer and enforce, and resulted in payment of the minimum tax by 90% of the licensees. 4. Telephone companies will pay a per-unit tax based on the number of customer hookups. Before the breakup of AT&T, phone companies paid based upon the number of telephones owned. After the breakup, most people owned their own phones, resulting in a license tax reduction for phone companies. The proposed ordinance attempts to restore the license system to that which existed before the breakup. 5. A license tax exemption for persons selling fish caught within the county has been omitted. There was no way to tell where the fish were caught, and no reason was offered to preserve the exemption. This ordinance has been placed on the agenda a%this time in order to insure a September 1, 1986 effective date. Discussion arose about the financial impact, and Commissioner Wodtke stated that basically the occupational license fee is $50 to $60, and as the Attorney said, in some cases it doubles while in other cases, it only goes up by 500 or 25%. He imagined it would bring in at least $25-30,000 additional. Commissioner Wodtke informed the Board that all occupational licenses are due and payable October 1st; however, they collect most of the money in September so we should get some additional revenue this year which will be cash carry forward. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Lyons, SECONDED by Com- missioner Bowman, the Board unanimously closed the public hearing. ON MOTION by Commissioner Wodtke, SECONDED by Com- missioner Bird, the Board unanimously adopted Ordi- nance 86-59 creating a new occupational license ordinance. ORDINANCE NO. 86- S9 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 15-1, CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; CREATING A NEW OCCUPATIONAL LICENSE ORDINANCE; REVISING OCCUPATIONAL LICENSE TAXES IN ACCORDANCE WITH SECTION 205.033, FLORIDA STATUTES; PROVIDING FOR ,DEFINITIONS, INCORPORATION IN CODE, SEVERABILITY AND EFFECTIVE DATE. ORDINANCE 86-59 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 77 AUG 6 ISSS eooK H TABLE OF CONTENTS Page Section 1 Repeal of Existing Ordinance 1 Section 2 Purpose and Scope 1 Section 3 Occupational License Required 2 Section 4 Definitions 2 Section 5 Disposition of Taxes Collected; Municipal License Taxes; Amounts 4 Section 6 Term of License Transfer 4 Section 7 Issuance of License; Compliance with State Laws 5 Section 8 Making False Statement in Applica- tion for License 5 Section 9 Issuance of License; Display, Porms, etc. 5 Section 10 Report of County Tax Collector 6 Section 11 Tax Payable; Delinquent License Tax; Penalty; Collection Cost 6 Section 12 Method of Collection of Delinquent License Taxes, Generally; Liens 7 Section 13 Charitable, etc. Organizations; Occasional Sales, Fund Raising; Exemption 7 Section 14 Other License Taxes to be in Addition to the Occupational License Tax 7 ORDINANCE 86-59 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 77 AUG 6 ISSS eooK H Commissioner Wodtke left the meeting at 10:50 A.M. to attend the funeral of the late County Health Director, Dr. Joseph Tucker. RESIGNATION FROM PLANNING & ZONING COM. - (R. PARENT) Commissioner Bird advised that he had received a letter from Richard Parent stating that it would be impossible for him to continue on the Planning & Zoning Board due to out-of-town work commitments. He suggested that a Resolution be prepared thanking Mr. Parents for his service on the Board as he believed he served during a very difficult time. I ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, Commissioner Wodtke having left the meeting, the Board unanimously (4-0) accepted the resignation of Richard Parent from the Planning & Zoning Commission and directed that a Resolution be prepared thanking him for his efforts. APPOINTMENT TO PLANNING S ZONING COMMISSION Commissioner Bird recommended the appointment of Daniel Downey, Jr., to fill the vacancy on the Planning & Zoning Commission created by the resignation of Richard Parent. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Lyons, the Board unanimously (4-0) appointed Daniel G. Downey, Jr., to the Planning & Zoning Commission to fill the vacancy left by resignation of Richard Parent. 78 STATEMENT TO MEDICAL EXAMINER'S COMMISSION The Chairman reviewed the following memo from County Attorney Vitunac, and expressed his feeling that we should take the steps outlined to see if we can get relief: TO: Board of County Commissioners DATE: July 24, 1986 SUBJECT: Medical Examiner's Commission FROM: Char es P. Vitunac, County Attorney On Wednesday afternoon, July 23, 1 contacted Dale' Heideman from the Florida Medical Examiner's Commission in Tallahassee. Chairman Scurlock came into my office during the phone call and participated in the discussion. We inquired of Mr. Heideman what the- possibilities were of our county separating from the other counties of the 19th Judicial Circuit and creating its own medical examiner's commission. Mr. Heideman told us quite candidly that the chances were not that good to effect such a separation. He indicated that the present medical examiner's term expires in July of 1987, and that, although he was aware of rumors of dissatisfaction with the present medical examiner, the Florida Medical Examiner's Commission had no written complaints or any active investigation concerning Dr. Walker. He advised that if our district had specific instances which we wished to use as our reasons for getting a new medical examiner that we put these instances and evidence in writing and mail it to the Medical Examiner's Commission. I If the Board is so inclined, I would contact the other counties in the medical examiner's district and the State Attorney and Public Defender for the District to inquire whether they wish to file any complaints with the Commission. Failure to do so could lead the Commission to recommend the reappointment of Dr. Walker for another three-year term. respectfully request direction from the Board. Commissioner Bird believed the Medical Examiner has not fulfilled his promises and that we can document our case. Board members were hopeful that we can get the support of the State's Attorney, the Sheriff, as well as the other County Commissions, and Commissioner Bowman stated that she will bring this before the Tri County Council. 79 AN' am 65 L_ U � `0 BOOK .65 F "iC ON MOTION by Commissioner Lyons, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) authorized the County Attorney to proceed as set out in the above memo. SOUTH COUNTY FIRE The Board of County Commissioners recessed at 10:58 o'clock A.M. in order to reconvene acting as the District Board of Fire Cormnissioners of the South Indian River County Fire District. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 11:02 A.M. with the same members present, Commissioner Wodtke having left the meeting.' WTVX MICROWAVE ANTENNA LICENSE AGREEMENT The Board reviewed memo of Assistant County Attorney Wilson: TO: The Board of County Commissioners DATE: July 30, 1986 SUBJECT: Microwave Antenna License Agreement FROM: s P. Wilson s tant County Attorney Attached hereto is a copy of the above -referenced Agreement and a letter I received from Bob Morford, News Director for .WTVX, requesting an amendment be made to that contract. Mr. Morford intends to appear at the August 6, 1986 meeting of the Board of County Commissioners to explain his request in person. 80 P.O. BOX 3434 3601 N. 25th ST. FT. PIERCE, FLORIDA 33454 �. FT. PIERCE 305.464.3434 • STUART 305.287.0334 W. PALM 305.686.3434 • VERO BCH. 305.231.3434 July 23, 1986 Mr. James P. Wilson Assistant Countk Attorney Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Sir: Jul 198s ;n.:. .�?�' Enclosed is a copy of the license agreement regarding the microwave antenna this company has installed at the Indian River County Administration Building. WTVX would like to seek an amendment to the agreement. The purpose of the amendment would be to bring coverage of the upcoming series of elections -to Indian River County residents. Currently., the microwave antenna can be used only for bringing information of disasters affecting Indian River County residents to those residents. I would like to meet with you, or someone you might appoint, about appropriate language for such an amendment. After that I would like to take the proposed idea and language before the county commission for their consideration. Please let me know if this would be an appropriate way to proceed. I look forward to your reply. Regards, Robert A. Morford News Director It was noted that no one from WNX was present. Commissioner Bird wished to know if there is any problem with granting them this temporary use for the coming election as he felt this serves a public purpose. Chairman Scurlock's only concern related to whether there is enough actual space available on the antenna if we wanted to add 81 AUG 6 W6 BooK 65 F-�GF AUG b 16 Bou 65 PAGE'353 other stations, but Commissioner Bird doubted we would get many other requests since they are the only local station. General Services Director Dean advised that there is enough room on the antenna so that he did not anticipate any problem at this time. He did, however, have a concern about adding more guy wires which could possibly cause a leak in the roof and would want some assurances about that. Discussion continued regarding allowing the use of the antenna for other public purposes than just emergencies. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Lyons, the Board unanimously (4-0) agreed to an amendment to allow WTVX the temporary expanded use of the microwave antenna for coverage of the upcoming September elections and then consider re- negotiation of their agreement. NEGOTIATE RE CENTRAL DISPATCH Commissioner Lyons asked the Commission for permission to negotiate with the Sheriff, the Fire Departments, etc., and.do whatever else is necessary to set up an arrangement for central dispatch out of the Sheriff's Department. Commissioner Bird inquired if this would be out of the 911 system, and that was confirmed. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized staff to negotiate with the Sheriff and Fire Departments, and do whatever else is necessary to set up the system for central dispatch out of the Sheriff's Department. 82 i Ift There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:10 o'clock A.M. ATTEST: Clerk AUG 6 ISS 83 Chairman N BOOK 6 P°Gr 954 J