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HomeMy WebLinkAbout8/26/1986Tuesday, August 26, 1986 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission - Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, August 26, 1986, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Margaret C. Bowman; and William C. Wodtke, Jr. Absent was Richard N. Bird, who was on vacation: Also present were L. --S. "Tommy" Thomas, Acting County Administrator; Charles P. Vitunac, Attorney to the -Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Thomas requested the following additions to today's Agenda: 1-. Two change orders on Sandridge Golf Club. 2. A request from Ralmar Associates, Inc, for postponement of a public hearing scheduled for September 2, 1986, to appeal a P & Z denial on rezoning 26.2 acres from A-1 to RS -6. Chairman Scurlock requested that Item 7 - Request from Sheriff for Six Additional Officers - be moved to today's Consent Agenda as Item 5N since Sheriff Dobeck has agreed to fund this item with monies from the confiscated fund. rt BOOP:. �� Fj:��;r �(�� AUG 2 6 1986 AUGFF"_ 2 6 W6 BGGK 6 5 `..",C.r.9 Commissioner Wodtke requested a discussion regarding conditions on 43rd Avenue and U. S. #1 be added to today's Agenda, and also a discussion re the Beach Preservation and Restoration Committee . ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0, Commissioner Bird being absent) added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any changes or additions to the Minutes of the Regular Meeting of August 6, 1986. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of 8/6/86, as written. The Chairman asked if there were any changes or additions to the Minutes -of the Special Meeting of August 7, 1986. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved the Minutes of the Special Meeting of 8/7/86, as written. CONSENT AGENDA Commissioner Wodtke requested that Items F, I and M be removed from the Consent Agenda for discussion. 2 A. Deputy Sheriff Appointments ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved Sheriff Tim Dobeck's appointments to Deputy Sheriff of Louis A. Perez and Jesse H. Brock. B. Approval of Standard Specifications for County Vehicles The. Board reviewed the following memo dated 7/31/86: TO. Board of County Commissioners DATE: July 31, 1986 FILE: THRU: Joseph A. Baird Director, Budget office SUBJECT: Standard Specifications z FROM:6!L�-' REFERENCES: Carolyn/Goodrich, Manager Purchasing Department ---� In an attempt to standardize specifications for vehicles county -wide the attached specifications have been drafted for your review, comment and approval. Upon adoption of standard specifications, when a department has an approved Vehicle in their budget, the standard specifications for that particular vehicle would be used for bidding and purchase. If the department requests a vehicle that does not comply with the standard specs, it will have to be approved by the Board before bidding. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved standard specifications dated 7/31/86 to be used in the bidding and purchasing process for County vehicles. C. 1986-87 Radiological Emergency Preparedness Agreement The Board reviewed the following memo dated 8/12/86: 3 AUG 2 6 1910b BOOK 0 F9 � . v� AU G 2 6 EEO,, "b" BOOK FAU T03�oard Of County CommissionersDATE: August 12, 1986 FILE: THRU: Tommy Thomas Acting County Administrator H.T. "Sonny" Dea Director, General ervices SUBJECT: 1986-87 Radiological Emergency Preparedness Agreement �AA_ 4-1- FROM:Doug Wright REFERENCES: Florida Power & Light Contract Director, Emergency Management Negotiations - June 6, 1986,' Tallahassee BACKGROUND: Pursuant to negotiations in -Tallahassee on. June 6, 1986, the attached 1986-87 Radiological Emergency Preparedness Agreement is submitted for your review and approval. The $31,949 sum negotiated represents an increase of $8,415 from the sum of $23,534 approved last year. Indian River County is authorized in Section 252.37, Florida Statutes to enter into and participate in cooperative relation- ships. The funds will be utilized for purposes as reflected in Exhibit -"A" -and "B" of. -the contract. The Scope of Work (Exhibit "B") details the planned expenditures. RECOMMENDATION: Due to the proximity of a nuclear power facility in the area, staff -recommends execution of the Radiological Emergency Preparedness Agreement. The funds will assist Indian River --=County in efforts to prepare and plan -for any contingency related to possible emergencies associated with the St. Lucie Nuclear Power Plant. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the 1986-87 Radiological Emergency Preparedness Agreement and authorized the Chairman's signature. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DN Approval of Amended HUD Master Section 8 Annual Contributions Contract for Rental Assistance The Board reviewed the following memo dated 8/18/86: M TO: Board of County Commissioners DATE: August 18, 1986 FILE: THRU: L.S. "Tommy" Thomas SUBJECT: Request for Approval of Master Acting County Administrator Section 8 Annual Contributions Contract No. A -3409V as amended FROM: Guy L. Decker, Jr. REFERENCES:. Executive Director IRC Housing Authority The Depart­.ousing and Urban Development -has submitted an amended ACC 3409: •:.s�'ch adds Project FL29-V132-002. This amendment -_ adds $68,420.00 in rental assistance annually for our rental rehabili- tation program. Once the contract is executed, we will have the capa- bility of handling rental assistance for approximately 253 families in any given month with funding totaling $724,254 annually. I recommend that the County Commission authorize the Chairman of the Board to execute these contracts for transmittal to the Jacksonville office - of HUD. HUD requires original signatures on the attached original plus --- four counterparts of the Contract and no change in its format is permitted. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved amended Contract A -3409V, which adds Project FL29-V132-002 with $68,420 in rental assistance, and authorized the Chairman's signature. _ CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD E. Right -of -Way Acquisition - 12th Street/Indian River Boulevard Project #8409- Parcel #167 The Board reviewed the following memo dated 8/14/86: 5 L_ AUG 2 6 1986 BOOK 65 FA -UE 495 ro,-- 'AUG 2 6 1986 BOOK 65 r, UE 496 TO: THE HONORABLE MEMBERS OF DATE: August 14, 1986 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: L.S. Tommy Thomas, Acting County Administrator SUBJECT: James W. Davis, P.E. Public Works Director Right of Way Acquisition 12th Street, Parcel #167 Indian River Boulevard Project #8409 FROM: Donald G. Finne� Right of Way Agent REFERENCES: DESCRIPTION & CONDITIONS This parcel owned by Mr. & Mrs. Richard Zorc was recently sold to Mr. & Mrs. Thomas Rhodes and Mr. & Mrs. Richard Bireley. The new owners are willing to sell the 11.5'x62' (713 sq. ft.) right of way to the county at Mr. Armfields's appraised value of $2,210. RECOMMENDATIONS It is requested that the Board approve the purchase of the right of .way at the $2,210.00 appraised value. FUNDING Indian River Boulevard #304-214-541.066.12 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0), approved the purchase of the above right-of-way at the appraised value of $2,210, as'recommended by staff. F. _Right -of -Way Acquisition - 12th Street/Indian River Boulevard Project - Parcels #162 and #163 The Board reviewed the following memo dated 8/19/86: 6 TO: THE HONORABLE MEMBERS OF DATE: August 19, 1986FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: L.S. Tommy Thomas, Acting County Administrator SUBJECT: James W. Davis, P.E. Public Works Director Richard Zorc parcels #162 & 163 12th Street, Right of Way Acquisition FROM:R°gnt o%. Wayay 11" nt REFERENCES: DESCRIPTION &.CONDITIONS Attorney Michael O'Haire represents Mr. & Mrs. Richard Zorc on two right of way parcels. The staff has been in lengthy negotiations with Mr. O'Haire to arrive at an agreed settlement. The Zorc's are willing to settle for Mr. Armfield's appraised.:value- of the parcels and construction of 8 paved parking spaces on another part of the parent property as compensation for the parking spaces which currently encroach upon the right of way. Parcel #162 Appraised value $10,072.00 Parcel #163 Appraised value 656.00 $10,728.00 RECOMMENDATIONS Staff request authorization to purchase the right of way at the appraised values and authorize the county constructi9n of 8 paved parking spaces. Should the property owner rescind his willingness to the above settlement, then staff is requesting condemnation authorization. FUNDING Indian River Boulevard South #304-214-541.066.12 Commissioner Wodtke understood that we are buying right-of-way at the raw land value of $10,728 in addition to building 8 parking spaces for the owner, and Public Works Director Jim Davis explained that we are trying to work with the property owner so that he retains the same parking area and we get the right-of-way at a fair price. Don Finney, County Right -of -Way Agent, advised that the property owners' attorney has indicated that they are willing to 7 AUG( 6 19 Boaf 5 u 3E 497 FF,_AUG 2 6 996 BOOK 65 o -F 498 settle for the 8 parking spaces plus the appraised value of the land. He believed that if the County does not accept these settlement terms, we would be forced to go to condemnation. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) authorized the purchase of the right-of-way at the appraised values and the construction of 8 paved parking spaces at a maximum cost of $4000; with the understanding that should the property owners rescind their willingness to the above settlement, that staff is authorized to go to condemnation proceedings. G. Change Order #1 - Heron Cay Lift Station Improvements The Board reviewed the following memo dated 8/19/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: AUGUST 19, 1986•- THRU: L.S. THOMAS, ACTING ADMINISTRATOR VIA:- TERRANCE G. PINTO, DIRECTOR OF UTILITY SERVICES CFROM: JEFFREY A. BOONE, ENGINEERING OPERATIONS MANAGER �,/ SUBJECT: HERON CAY LIFT STATION IMPROVEMENTS PROJECT #US 86-15-CS/CHANGE ORDER NO. 1 BACKGROUND: The Board of County Commissioners previously authorized improvements to the Heron Cay Lift Station so that wastewater could be deliverd to the County's West Regional Wastewater Treatment Plant and the Heron Cay Treatment Plant could then be taken out of service. During modifications to the subject lift station it was decided to construct an influent drop inside the lift station. This construction was not included in the original contract and therefore a change order has been submitted by the contractor. ANALYSIS• The change order amounting to $400.00 increases the total project cost from $29,213.84 to $29,613.-84. No time extension is required for the change order. RECOMMENDATION• The Utilities Division recommends that the Board of County Commissioners approve change order No. 1 to the Heron Cay Lift Station Improvements project and authorize payment of the $400.00 addition to the original contract amount. 8 L_J ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved Change Order #1 to the Heron Cay Lift Station Improvements project and authorize payment. Page 1 of 1 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE $29,213.84 DATE: August 4, 1986 REVISED CONTRACT PRICE: - $29,613.84 JOB NAME: Indian River County Project #US86-15-CS Heron Cay Lift Station Improvements OWNER:_- Indian River County Utilities Department ORIG REVISED UNIT - ORIG TOTAL UNIT PRICE ITEM DESCRIPTION PRICE UNITS PRICE CHANCE ANGE TOTAL PRICE 1 Mobilization LS 1.0 800.00 None None 800.00 2 Improvements to LS 1.0 28,413.84 None None 289413.84 Heron Cay Lift Station 3 Influent Drop LS None None (+) 1.0 (+)400.00 400.00 Inside Wet Well TOTAL ......... ....... ....... ........ ........... (+)400.00 $29.613.84 CH The amount of the Contract will be increased by the sum of: four hundred and xx/300's dollars ($400.00) The Contract total, including this Change Order, will be: twenty-nine thousand six hundred thirteen and 84/100's dollars ($29,613.84) The amount of calendar days required to complete this project will remain unchanged. This document will become supplement to the Contract and all provisions Amy hereto. E� _o c 0.W U n N w N v > m o a .. ;. Owner : " L- AUG 2 6 1986 -- Date: ed M e Te M'ers Contractin Co. Inc. Date: �' 8r - Ste If/en E. Moler P. M teller & Moler Assoc. Inc. ^ Date: Terra C. Pi I div River Count Utilities De t. Date Don C. Scurlock, J Chairman, Board of County Commissioners 9 BOQK 65' P,1uE 499 AUG2 6 11'x'=,,,� Bou 05 Fa,r 500 H. Release of Easement - Oslo Park Subdivision, Unit 2, Block N, Lots 21, 22_ 23, and 24 - Charles & Judy Heath The Board reviewed the following memo dated 7/29/86: TO: _ The Honorable Members DATE: July 29, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT REQUEST BY CHARLES & SUBJECT: JUDY HEATH - SUBJECT PRO- PERTY: LOTS 21, 22; 23, & Robert M. Keating, Aa1CP 24, OSLO PARK SUBDIVISION•'. Planning & Developme t Director UNIT 2 BLOCK N FROM: BetttyD avis REFERENCES: Code Enforcement Officer It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of -August 26, 1986. DESCRIPTION AND CONDITIONS: The County has been petitioned by Charles W. Heath, and Judy A. Heath, his wife, owners of the subject property, for the release of the side lot utility easements of Lots 21, 22, 23, and 24, Block N, Oslo Park Subdivision Unit 2, being the southerly five (5) feet of Lot 21, the northerly five (5) feet of Lots 22, and 23, and the southerly five (5) feet of Lots 23, and 24, Section 26, Township 33, Range 39, as Recorded in Plat Book 4, Page 13, of the Public Records of Indian River County, Florida. It is the Heath's intention to consolidate the lots into a single parcel for a unity of title. The current _zoning classification is RS -6, Single -Family Residential District. The Land Use Designation is LD -2, Low Density Residential, up to six (6) units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell, Florida Power & Light, Florida Cablevision Corporation, and Indian River County Utility and Right-of-way Departments. Based upon their review, there were no objections to the release of the easements. The zoning staff analysis, which included a site visit, showed that drainage would be adequately handled on-site. RECOMMENDATION: Staff recommends to the Board, through adoption of a resolu- tion, the release of the common five (5) foot side lot ease- ments of Lots 21, 22, 23, and 24, Block N, Oslo Park Subdivision Unit 2, being the southerly five (5) feet of Lots 21, 23, and 24, and the northerly five (5) feet of Lots 23 & 24, Block N, Oslo Park Subdivision Unit' 2, As Recorded in Platbook 4, Page 13, of the Public Records of Indian River County, Florida. 10 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) adopted Resolution 86-53, granting a release of the common 5 ft. side lot easements of Lots 21, 22, 23, and 24, Block N, Oslo Park Subdivision, Unit 2, as requested by Charles 8 Judy Heath. 11 BOOK 65 f'AG1501 BOOK 6 5 '�,'u 502 . • RESOLUTION NO. 86-53 WHEREAS, The Board of County Commissioners of Indian River County, Florida, have been requested to release the side lot utility easements of Lots 21, 22, 23, and 24, Block N, Oslo Park Subdivision Unit 2, being the southerly five (5) feet of Lot 21, the northerly five (5) feet of Lots 22, and 23, and the southerly five (5) feet of Lots 23,'and 24, Section 26, Township 33, Range 39, according to the Plat thereof as recorded in Plat Book 4, Page 13 of the Public Records of Indian River County, Florida; and WHEREAS, said lot line easements were dedicated on the Plat of Oslo Park Subdivision, Unit #2 for public utility purposes; and WHEREAS, the request for such release of easements have been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in Oslo Park Subdivision, Unit #2 shall be released, abandoned and vacated as follows: - - The common five (5) foot side lot easements of Lots 21, _- 22, 23, and 24, Block N, Oslo Park Subdivision Unit 2, being the southerly five (5) feet of Lots 21, 23, and 24, and the northerly five (5) feet of Lots 22 & 23, Block N, Oslo Park Subdivision Unit 2, As Recorded in Platbook 4, Page 13, of the Public Records of Indian River County, Florida. BE IT FURTHER RESOLVED that the Chairman and the Clerk of'the Board of County Commissioners be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 26th day of August , 1986. ATTEST: Freda Wright, C erk s INDIAN RIVER COUNTY, FLORIDA BY:Z, ZZ i L Don . Scurlock, J Chairman Approved as to form and legal sufficienc�y`�, t� By Bruce E'arkctt -- Asst. County Atto ney r - RE/HE"986 July '. DAVIS/JEFFERSON DISK: REMS RELEASE OF EASEMENT This Release of Easement, executed this 26thday of August , 1986, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party; and, Charles W. Heath and Judy A. Heath, whose mailing address is 1225 - 16th Avenue, S.W., Vero Beach, Florida 32962, second party: WITNESSETH That the said party of the first part for and in consideration of the sum of One Dollar ($1.00) and other good .and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon and quit claim unto---------- the nto--- _ the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easements, lying on land situated in the County of Indian River, State of Florida, to -wit: the common five (5) foot side lot easements of Lots 21, 22, 23, and 24, Block N, Oslo Park Subdivision_ Unit 2, being the southerly five (5) feet of Lots 21, 23, and 24,-. and the northerly five (5) feet of Lots 22 & 23, Block N, Oslo Park Subdivision Unit 2, As Recorded in-Platbook4, Page 13, of the Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right, title, interest, equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law and the day and year first above written. INDIAN RIVER COUNTY FLORIDA Signed, sealed and delivered BY: Don C. Scurlock, Jr. in the presence of: Chairman ATTEST: Freda Wright, C rk Approved as to form and legal sufficiency BY�4!i �G 2 6 �9�� Bruce Barkett 600K Asst. County Attorney a D5 Fr,,GE 503 FF- -1 AUG 2 6 1986 aoox 6 5 F504 I. Budget Amendment to Pay Data Processing Consultant The Board reviewed the following memo dated 8/20/86: TO: Honorable Board of Count DATE: FILE: Y August 20, 1986 Commissioners SUBJECT: Budget Amendment to Pay Data Processing Consultant FROM: Josep Baird REFERENCES: OMB Director In the Board of County Commissioners meeting of July 10, 198E commissioners approved the hiring of -Florida Center for Public Management (Thomas C. Foss) as a data processing consultant. In the terms of the agreement professional ser- vices were not to exceed $5,100 with additional expense for travel. The County has received a bill in the amount of $6,665.63 from Florida Cen- ter for Public Management. -A budget amendment is necessary so that the bill can be paid.-- I -recommend the following transfer: Account Ndmber 001-101-511-033.19 001-199-581-099.91 Contingency Balance As of 8/20/86 $81,219 Account Name Other Prof. Services Reserve for Contingency Increase -Decrease $6,666 $6,666 Commissioner Wodtke asked if the difference was for trans- _portation, and OMB Director Joe Baird noted that there is a detailed breakdown of the travel expenses on page 63 of today's backup material. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Baird. J. Budget Amendment --Unemployment Compensation The Board reviewed the following memo dated 8/19/86: 14 TO Honorable Board of County SATE: August 19, 1986 FELE: � Commissioners - SUBJECT: Unemployment Compensation FROM: Joseph Baird REFERENCES: OMB Director Account Number 001420-519-012.15 001-300-513-012.15 001-906-523-012.15 001-199-581-099.91 441-233-524-012.15 441-233-581-099.92 471-219-536-012.15 471-219-536-099.92 Account Name Increase Decrease Unemployment Compensation $ 486.00 Unemployment Compensation 602.00 _ Unemployment Compensation 813.00 .- Reserve for Contingency $1,901.00 Unemployment Compensation 56.00 Cash Forward -Sept. 30 56.00 Unemployment Compensation 1,186.00 Cash Forward -Sept. 30 1,186.0a EXPLANATION: Budget amendment is to allocate funds to pay for unemployment compensation as per the attached invoices. Contingency Balance As of 8/19/86 $81,219 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Baird. K, Budget Amendment to Reclassify Capital Expenditures The Board reviewed the following memo dated 8/20/86: 15 AUG 2 6 19800 Boor � �a'nC 505 Fr__ -1 AUG 2 6 1966 Bool< 6 506 TO: Honorable Board of County DATE: August 20, 1986 FILE: Commissioners 41_r� 0 FROM: Joseph A. Baird OMB Director SUBJECT: Budget Amendment to Reclassify Capital Expenditures REFERENCES: Account Number Account Name Increase Decrease (1). 001-208-525-034.01 Vehicle Allowance $ 800 (2) .001-208-525-044.71 Comm. Equip. Maint. 1,100 (3) 001-208-525-066.41 Office Furn. &'Equip. 640 �4) 00-1-208-525-066.45 Communications Equip. 1,487 5) 001-208-525-066.42 Automotive $4,027 EXPLANATION: (1) In the budget we were to purchase a new automobile for the Emergency Management department. It was found to be cheaper to give the director a $200 car allowance. This was approved by the County Administrator. (2) Some communications equipment has been struck by lightening and we. are in need of additional money in the communications maintenance account, (3) _Purchase of desk and credenza as authorized by County Administrator. - (4) ` At the direction of the Board of County. Commissioners the Emergency Management department purchased a radio for Fellsmere Volunteer Ambulance.Squad at a cost of $487: In addition, Emergency Management needs $1,000 for radiological instruments. r (5) There was $10,000 in the budget at the beginning of the 85/86 fiscal year to purchase an automobile which will not be purchased, therefore, we are trans- - ferring funds in the -amount of $4;027 from this account for other needed pur- poses which are outlined above. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Baird. L. Budget Amendment — Salary Consultant The Board reviewed the following memo dated 8/20/86: 16 TO: Honorable Board of County DATE: August 20, 1986 FILE: Commissioners SUBJECT:. Bud et Amendment in the Amount Of ?3,500 to Pay Salary Consultant FROM: Joseph A. Baird REFERENCES: OMB Director The Board of County Commissioners in the meeting of February 5, 1986, approved hiring Matt Ellis as a. -salary consultant. The terms of the agree - ment set forth for the payment of $3,500 plus printing, postage, phone and - `__ travel expenses. In the meeting of February 5, 1986, the Board of County Commissioners did not give direction on'where funds were to be obtained to pay the consultant. Staff has paid the consultant from the Personnel Dept. account 001-203-513-033.19 (other professional services), and at the present time, this account is over -budget. I recommend the Honorable Board of County Commissioners transfer funds in the amount of $3,500 from Reserve for Contingency account 001-199-581-099.91 to Personnel Dept. account 001-203-513-033.19. Contingency Balance As of 8/20/86 $81,219 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Baird. M. Budget Amendment - Supervisor of Elections to BCC for Traffic EngineeringSection The Board reviewed the following memo dated 8/19/86: 17 AUG 2 6 1986 BOOK 6j AUG 2 6 1936 M BOOK 65 F'nuE 508 • `fin\��`� �` TO: Joe Baird DATE: August 19, 1986 FILE: Budget Director SUBJECT: Transfer of funds FROM: Ann Robinson l� REFERENCES: Letter Attached Thank you for calculating the correct amounts to transfer from the Elections budget back to the BCC for reallocation to the Traffic Engineering budget. Bernie Stecher plans to complete his ten years employment for Florida State Retirement on December 31, 1986 (see attachment); he reported for work to Traffic Engineering on August 18. `i�u �; :3 a nLJLi:)GL i.� < • 56 /. // X a J 7' p G0a2,2.Abnct lzo Cc.>»�. a So. Q o X.0 06-5 SS 7-0719 -_ ;-- ovo 00 / - 700 -S/ -9 - o/a. 00i-170.0-6-/9�- 0/,7./0 00 / - Toa -S/ 9 - /3 e -o i - 700 - 519 - O/�, /V Tr /// S- SW/ a-115 - 0i67. // o /a. / a /i/ - a w5 -5-/1 12DQ U�i. �ca,&U-t rvvc 7-07'.-91- 4-)6'C,C6'9S F / $$5.0 D /a So. 0,0 9a.o0 /5-700 S -Y9.00 2D¢� c ic�P �Slc:ru,u� iT�LI✓1+ tCiL� �6e�1Gtl1L( Ll.a,;ii 18 =rvicec'RSr oZ 3rl2 100 9,4. 00 /5 7. 00 34S. 00 ,9. 0 0 -M Sheriff Tim Dobeck explained that he has agreed to pay for the six additional officers through the confiscated funds account and is here today to request the Board's approval. Chairman Scurlock reported that he and the Sheriff discussed this matter at great length several times this week and the plan is to use approximately $150,000 in confiscated funds to establish a 6. -man selective enforcement unit to combat the ever-increasing drug problem in this county, especially the use of "crack". ON MOTION by Commissioner Lyons, SECONDED by -_ Commissioner Wodtke, the Board unanimously (4-0) approved Sheriff Dobeck's request for the expenditure of whatever monies can be made available from the confiscated fund"to attack the drug problem and establish a resource team with the understanding that a budget transfer will be brought back to the Board at a later time. The following resolution was passed August 25, 1986 by the Town of Indian River Shores: 21 BOOK PAGt 511 AUG 2 6 '10, b AUG 26 `1 RESOLUTION 385 BOOK 65 FnUF. 51 2 WHEREAS, it is accepted knowledge that a cocaine (crack) pro- blem exists in our county, WHEREAS, the cocaine (crack) problem is growing in epidemic proportions, WHEREAS, the problem is widespread and adversely affects all areas of the county, WHEREAS, such a widespread and serious problem is best approa- ched from a broad front, WHEREAS, the Town Council of Indian River Shores is concerned for its citizens as well as all other residents of the county, BE IT THEREFORE RESOLVED, THAT THE TOWN COUNCIL OF INDIAN RIVER SHORES URGES THE COUNTY COMMISSION TO FAVORABLY CONSIDER SUPPORTING PROGRAMS TO: (1) Place law enforcement school resource officers in the Indian River County School system, (2) Urge our state legislators to enact new laws that elevate the seriousness of "crack" related offenses, (3) Provide for greater jail capacity in the county system to accomodate the increased demand resulting from the above, (4) Expand county recreation opportunities for the juvenile population centers as alternative activities for the county's youth. FURTHER, BE IT RESOLVED, THAT inthe interest of immediate short term solutions to the "crack" problem, if the County Commission determines additional funds are required, Indian River Shores Town Council would support such an expenditure, STATE OF FLORIDA COUNTY OF INDIAN RIVER �,;k�,_T(bereby certify that the foregoing is a true and correct copy adopted by Indian River Shores at a meeting held on Aly of August 1986, and recorded in its minutes, Nirgibelay L. ;Gil ert, Town Clercs om ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved the above budget amendment, as recommended by the Supervisor of Elections, Ann Robinson. N. Request from Sheriff for Six Additional Officers The Board reviewed the following letter dated 8/8/86: R.T."TIM� DOBECK • ���nr.1w I�I�7FI� c � L . 71 z _ P. o. BOX boa MEMBER FLORIDA SHERIFFS ASSOCIATION s6 August $ P}IQr69-6700 , MEMBER OF NATIONAL SHERIFFS ASSOCIATION g 1`y�25 VEW) ISUACI1, FWHII)A J_961 11243 - cn AUG d- w .Honorable Doug Scurlock, Chairman M RECEIVE® Board of County Commissioners soARocoullrr ,Q Indian River County CoMMISSIGHERS ,L 1840 25th Street Vero Beach, FL 32960 O�6�821r?9Z52��4ti Dear Doug: I am requesting to be placed on the County Commissioner's Agenda Tues- day, August 26, 1986, for the-pur-pose of requesting the County Commis- sioners to appropriate funds to allow the implementation of a six (6) man uniform patrol Selective Enforcement Unit. "Crack" cocaine, and related crimes, can only be stopped or moved by these selective enforcement teams. The eradication of "crack" cocaine is of such urgency and magnitude that it will challenge all of our efforts and require us to work together, as never before, tak- ing swift, effective action before the situation worsens. - Enclosed you will find additional information regarding "crack" cocaine and related problems sent to us by Commissioner Robert Dempsey of Florida Department of Law Enforcement. The Sheriff's Department does not currently have the resources to handle this ever increasing problem of "crack" cocaine in Indian River County. Currently, there are four (4) locations in Indian River County that "crack" cocaine is sold openly and because of the. lack of manpower, forbids us from spending the necessary time that it takes to stop this type of activity. 19 AUG 2 6 1985 BOOK 6b PAGE ' BOOK F"�,E 510 AUG 2 61&�-D The Selective Enforcement Unit would be utilized in saturating these four (4) areas with manpower for prevention of related crimes; i.e., burglaries, robberies, murders, that studies say drug addiction is the major contribution in these types of crimes. I would solicit the commissioners' full support in this endeavor. Sincerely, vY� R. T. "Tim" Dobeck, Sheriff Indian River County SIX 6) UNIFORM PATROLMEN SELEC IVE ENFORCEMENT UNIT Salary and Benefits -$19,460 each $ 116,760 (3) Full Size Patrol Vehicles (equipped) 41,697 Uniforms and Equipment $1,500 each 9,000 Schooli-ng $1,000 each_ 6,000 Vehicle Expense (3) $4,795 each 14,385 Radio Contracts (6) $90 each 540 Vehicle Insurance (3) $550 each 1,650 --.Walkie/Talkies (6) $1,672 each 10,032 Specialized Training $500 each 3,000 Overtime - Total amount is based on 245 hours overtime 14,580 with 205 hours of duty work and 40 hours training $2,430 each TOTAL $217,644 Second Year Budget Impact $ 153,915 20 REPORT'*ON SPACE SHUTTLE TRIP BY U. S. CONGRESSMAN BILL NELSON Congressman Nelson presented Chairman Scurlock with the following Certificate of Authenticity documenting that the County seal was flown into space in an air tight package: February S. 1986 _ CERTIFICATE OF AOTHENTIUTY STS 61-C 24th flight of the Space Shuttle TH 1 S i ND -1 AN R 1 VER COt> M STEAL WAS FLOWTHE W 1 TED STATES SPACE W"U o CO LLM i A, JWA AR'Y 11 — �.%G ORBITS,95 TRAVELING a, 149 MILAM ES BUM t�?1?Cr.l EDOJiWP LETED , AIR FORCE BASE, CALIFORNIA. Ne1°fOn Payload4mbakst V Congressman Nelson congratulated the Board on their action this morning in approving funds to combat the drug problem, and reported that Congress expects to pass a comprehensive drug 23 AUG 2 6 1936 BOOK 65 pv") 5111 AUS i 6 1936 BOCK Ft' U c� l enforcement bill in the near future. He believed that it would fly through the House because of the great need to educate people on the drug problem. Although Washington can help in efforts to combat the drug problem, he believed that it ultimately must be solved in the home and will require the active participation of both parents and children who need to be educated In the effects of drugs. He emphasized that he has two small children and is making every effort to make them aware of the real world and of the people who would take advantage of them. Congressman Nelson stressed that drug education must start in the home. DER/ARMY CORPS/DNR PERMIT APPLICATION - PELICAN POINTE The Board reviewed the following memo dated 8/14/86: TO: The Honorable Members DATE: August 14, 1986 FILE: of the Board of County - Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND D.N.R. PERMIT APPLICA- SUBJECT: TIONS Robert M. Kea i g, CP Planning & Developirrent Director _ THROUGH: Art Challacombe Chief, Environmental Planning Section FROM: Roland M. DeBlois REFERENCES: Pelican Pointe Staff Planner ROLAND/TM#86-598 If is requested -that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on August 26, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO. 31-123092-4 APPLICATION DESCRIPTION: Applicant: Pelican Pointe, Inc. 9600 US #1 Sebastian, FL 32958 Waterway & Location: The project is located on the west bank of the Indian River, approximately 1.5 miles north of Wabasso, adjacent to the Pelican Pointe residential development, Sections 21 and 22, Township 31 South, Range 39 East, Indian River County, Florida. The project is located in the unincorporated portion of the County. 24 M r Work & Purpose: The applicant proposes to construct an L-shaped. private, multi -dwelling 10 -slip residential dock, having a 300' x 10' pier and a 50' x 10' terminal platform, with a 16' diameter gazebo at the terminus (total square footage: approximately 3500'). Batter boards and piles extending for a distance of 75' are proposed to be located on the north side of the existing marina inlet. 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 & Policies 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 The multi -slip dock facility at Pelican Pointe is proposed to be located in the Malabar -Vero Beach State Aquatic preserve and, _ therefore, is subject to requirements set forth in Chapter 16Q-20_ of the Florida Administrative Code. A staff review of Chapter 16Q-20 indicates that the project as proposed does not conform to criteria set forth in the rule. The criteria includes: Main access docks and connecting or cross walks_shall not exceed six (6) feet in width (16Q-20.04 (5)(C)(4), F.A.C.) Terminal platforms shall not exceed eight (8) feet in width (16Q-20.04 (5) (C) (5) , F.A.C. ) In any areas with known manatee concentration, manatee warning/notice and/or speed limit signs shall be erected at the marina and/or ingress and egress channels, according to Florida Marine Patrol specification (16Q-20.04 (5)' (D) (10) , F.A.C. ) In addition to Chapter 16Q-20 requirements, it is required that the Pelican Pointe dock facility undergo site plan review prior to County approval, in accordance with the Indian River County Code of Laws and Ordinances. Initial review indicates that a marina basin previous dredged at the Pelican Pointe site could accommodate a dock facility comparable in size (ie - number of slips) to what is proposed; a facility within the basin is a preferred location in the interest of minimizing impact within the Aquatic Preserve. Staff has not yet determined the extent to which the submerged bottomlands of the proposed Pelican Pointe dock project area will .be impacted; the effect of the development on ecologically valuable seagrass beds should be considered. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to transmit a letter to the D.E.R. with the following comments: 25 BOOK 6 F�.,r 515 Au 2 6 19 8, 6 AUG 2 6 1996 BOOK 65 Fe,cr� 1) No dock construction shall be permitted by Indian River County for the proposed dock facility until the requirements of all local ordinances pertaining to the project have been addressed. 2) Review of the proposed dockage facility indicates that the project does not satisfy criteria set forth in Chapter 16Q-20, Florida Administrative Code, relating to the Indian River Aquatic Preserve. 3) Construction of a dockage facility within the previously dredged marina basin is a preferred location to what is proposed, in the interest of minimizing impact to the Indian River Aquatic Preserve. 4) The Department of Environmental Regulation and other appropriate agencies should consider the potential cumulative impacts of dockage projects upon the Florida Manatee. 5) 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. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board authorize staff to forward to the DER the comments as set out in the above memo. Under discussion, Charles Sauget, Vice President of Pelican Pointe, Inc. stressed that they.were given very short notice of - t -his meeting, and circulated an aerial photograph of the area in question. He explained that they are requesting 10 additional slips, mainly for sailboats which require deeper water. He noted that they don't have a full-scale service marina at Pelican Pointe, and are not an interval ownership development. Commissioner Lyons noticed that the photograph shows that the L -shape pier ends up in a weed bed, and pointed out that the Commission has an allergy to dredging and would like to avoid it at all costs. He pointed out that most of the comments recommended by staff are based on State law, and Chairman Scurlock felt that the only time the Commission would step in and change the recommendation to the DER is if any of the comments developed by staff were not valid. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). 26 DISCUSSION RE CONDITIONS OF BLUE CYPRESS LAKE ROAD The Board reviewed the following letter dated 8/18/86: ,-at-y78, 1946 ,34 e Q�yaea.a. Lake ;),w OLrnaah A&wc. 2722 73, d Lane Ve-w leach, FX -a., 32960 Caunt� COMMZ ,i onZIW Aifn: Dan Sha&iack The u ua : F4e-ab Lake Paop&rt* 0waa4a A6wc, on 4ejm Q q- a& .the Sport F.i.ah mals and Car'zp.e,La, Omna,F4 aequ&-&t .to 40- pXaze-d an .the agzreda at .th-e eatiEi e6t canyianze, X.a dia=44 sand Lt i ona at the LVAm Cy�,ao Lanz toad. Candi tiara to re di o="ed: 1. Raad Cont. ana and baai ru" - 2. U"d Cantina - 3. Ttiaeh - Nea ae no# * Si der er�c ri pie,tza te, T4aa a e 4atu., a rw.ie: at .tree azavz add4za4. Thank yca, 12ZLP-(: rf�t,�.od La'"e i%„o -Dwnez a A6.6ac. Sidney Applegate presented the property owners association's request for the paving of this road with either black top or good quality shell. He. reported that over this past rainy weekend, cars coming into the fishing camp became mired down in the fill and had to be towed out. Chairman Scurlock noted that he had suggested to Commissioner Bird the possibility of looking into charging a boat launching fee to help defray the cost of paving the road, but pointed out that Commissioner Bird is on vacation this week. Public Works Director Jim Davis explained that the County grades approximately 5 miles of the road and has been grading it often this summer in an effort to get it built up somewhat. He felt that the St. Johns River Water Management District's water holding project has affected the road to some degree, and that 27 AUG 2 6 1986 soon 65 AUG- 2 6 1986 BOOK 65 F14GF. the quality of the shell that we are getting out of our mining operation is not the greatest at this point in time. In addition, the material has to be hauled quite a distance. Chairman Scurlock felt that Blue Cypress Lake was a great asset to the entire county and did not feel that the residents should be expected to pay for all the paving costs, especially when you consider the impact of weekend traffic. He believed there should be some ability to use the lake as a revenue source, and pointed out that a launching fee is a pretty common practice across the country. He also noted that the outhouse is an absolute disgrace, but it takes money to replace or improve it. Commissioner Wodtke felt we might want to document the water levels of the Water District's project, because it might end up in litigation one day. He also asked if good quality shell might be available from a private land owner out that way in order to save the County 'the distance of hauling it in. Aclministrator Thomas recalled the time when we graded the Fel Ismere Grade Road off of 441, the County had an arrangement - with a local land owner there to use their high-grade quality shell, and suggested that we contact them to see if that would be possible in this case. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, that the Board authorize the Public Works Director and the County Administrator to look into the possibility of getting shell from a private landowner in that area and come back with some cost estimates and ideas of how to pay for it. Commissioner Lyons suggested that we also check with the Water District to see if this road is going to remain, and Administrator Thomas explained that he and Commissioner Bird serve on the Recreation Advisory Council for the Water District and didn't believe that the District's project will have ,that 28 i much effect on the road, but would be glad to check out the proposed elevations. Commissioner Wodtke also suggested that we forward our concerns to the Water District about flooding on SR -60 after heavy rains, and Administrator Thomas felt sure the Water District will cooperate with us in any way they can. Commissioner Wodtke wished this matter to be brought back to the Board sometime in September. THE CHAIRMAN CALLED FOR THE QUESTION. The -Motion was voted on and carried unanimously (4-0). Commissioner Bowman suggested putting a road counter out there to see just how much traffic there is and that consid- eration be given to making it a toll road after we pave it. Director Davis reported that Joe Middleton has offered --to blade off the very worst parts of the road if the County will authorize it and provide him with a tractor with a blade on the back, and Chairman Scurlock believed that the Motion included that type of authorization. FAIRLANE HARBOR MOBILE HOME PARK - NOISE/SECURITY BARRIER FROM SOUTHERLY EXTENSION OF INDIAN RIVER BOULEVARD The Board reviewed the following memo dated 8/18/86: 29 L:_AUG 2 6 1986 BOOK 65 P,1;E ��'J Fr'AUG 2 6 U6 BOOK 6' }"1F. 5` TO: THE HONORABLE MEMBERS OF DATE: August 18, 1986 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: L.S. Tommy Thomas, . Acting County Administrator Fairlane Harbor Mobile Home SUBJECT: Park, Noise/Security Barrier Indian River Boulevard Project #8409 A FROM: Publicmes WWoDks1Directo REFERENCES: DESCRIPTION & CONDITIONS The County Staff has discussed the construction of a fence along the south extension of -Indian River Boulevard at Fairlane Harbor with the property -owner and President of the Homeowners Association. In response to the Board of County Commissioners meeting of April 10, 1985, staff has offered that a 6' wood fence be constructed along the 1200' length of Fairlane Harbor at a cost to the county of $6,000. Location of the fence- has been agreed to by the property owners and Homeowners Association. Also the existing boat ramp in the right of way used by Fairlane Harbor residents will remain. The attached letter from Mr. Roger LaJoie request that a 6' masonry wall be constructed which would cost $42.00 per lineal foot or $50,400. For this straight section of the Boulevard, St=aff is of the opinion that a wood fence is ad -equate and that maintenance should be by the property owners. Staff requests direction in this issue. The property owner has donated right of way on 12th Street valued at approximately $5,500.00. Public -Works Director Jim Davis advised that the owner of -the mobile home park was not able to have his attorney at today's meeting and is requesting that this matter be tabled until next week. Chairman Scurlock asked if there was anyone else here to speak on this matter. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) tabled this item. 30 DISCUSSION RE CONDITION OF 43RD AVENUE AND U.S. #1 Commissioner Wodtke reported that the grass has grown to over 5 feet tall along the northern stretch of U.S. #1, and it is in a deplorable state. He realized that the State has cut its budget for mowing, but believed this area to be extremely hazardous, not only because of poor visibility, but because there isn't any room to pull over and change a tire. Chairman Scurlock noted that some residents up there are cutting the grass along the sides of U.S. #1, and wonderedif that was safe for them to do so. Public Works Director Jim Davis pointed out that the State - - has said that they have money to mow only once a year. Commissioner Wodtke felt that 27th Avenue as it approaches town is looking very bad since the State has taken it over, and Commissioner Lyons felt that whenever we try to help the State, .-- the less they seem to do for us. - - ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4 -0) - authorized staff to contact the DOT and lodge a very strong complaint from this Commission about the condition of the roads for which the State is responsible and list them. Commissioner Wodtke was concerned also about the speed Limits along 43rd Avenue south of SR -60, and noted the recent serious accidents that have occurred on that stretch. He wished to ask the Transportation Planning Committee to look at that stretch and get a list of the latest accidents that have occurred, because the residents are asking for lower speed Iimits. Commissioner Lyons pointed out that a light is planned for 16th Street and 43rd Avenue, and Director Davis felt there is a 31 AUG 2 6 1986 BOOK 65 FAGr 5?1 AUG 2 6 IW6 BooK 65 u1 -j 5? problem at 4th Street and 43rd Avenue as well, and staff has been checking the visibility at that corner. Commissioner Wodtke suggested that we ask the Sheriff to patrol that area more closely, especially 8th Street which is prone to faster speeds. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board request the Transportation Planning Committee to take another look at the main intersections on 43rd Avenue and the speed limit on 43rd Avenue between SR -60 to 4th Street. Under discussion, Director Davis emphasized that we need to expand Kings Highway by moving it west, and replacing the narrow bridges at the intersections. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. ASSISTANT PUBLIC DEFENDERS' CONTRACTS The Board reviewed the following memo dated 8/20/86: TO: The Board of County Commissioners DATE: August 20, 1986 SUBJECT: As ant Public Defenders' Contracts - J so edman and Dewey T. O'Kelley FROM: am . Wilson CAs tant County Attorney Elton Schwarz, Public .Defender for the Nineteenth Judicial Circuit, has submitted a revised contract for Assistant Public Defender Jason Hedman and a new contract for a second Assistant Public Defender, Dewey T. O'Kelley, who will also be assigned to handle misdemeanors. The proposed contracts have several provisions which are inconsistent with Mr. Hedman's original contract as follows: 32 r C -I 1. The contracts provide that the County will provide insurance coverage under the same policy or plan as provided to county employees. Previously, the Board ordered that such insurance will not be provided by Indian River County and that the Public Defenders will have to seek such coverage on their own as independent contractors. 2. The proposed contracts provide that each attorney shall receive a raise effective January 1, 1987. The prior contract approved by the Board provided for no such increase in compensation over the term of the contract. 3. The proposed contracts provide that the attorneys providing the services shall not be permitted to engage in outside practice of law during the term of the agreement. The prior contract provided that the attorney shall work full time providing the services as Assistant Public Defender but did not preclude outside employment. It is my opinion that the contract previously executed between Mr. Hedman, Elton Schwarz and the -County is valid - and will continue in effect unless the Board instructs - otherwise. However, the Board must decide whether to adopt the attached contract regarding Mr. O'Kelley or to offer Mr. O'Kelley and Mr. Schwarz an opportunity to sign a contract containing terms similar to those agreed to by Mr. Hedman. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) authorized the Chairman's signature on the County's contract and authorized staff to forward same to the Public Defender for his signature. Attorney Vitunac reported that there is a lawsuit i- the 4th District Court of Appeals, which might resolve this whole issue. Briefs have been filed against the Public Defender for dereliction of duty, more or less, and there should be a ruling any time now. Commissioner Lyons understood that we are merely trying to find a way to get the State to fund the Public Defender's Office. Attorney Vitunac advised that State law requires the County to pay for capital cases, but there is some conflict with another law which says that if the Public Defender cannot represent someone with good conscience, the County pays for it out of the Fine and Forfeiture Fund. However, if that fund is depleted, the County pays for it out of the General Contingencies Fund, and that is the issue we are fighting. 33 AUG 2 6 In8 c� BOCK P!GE ��eJ .y r AUG 2 6 1986 BOOK 6 5 F�cEL. Commissioner Bowman asked on what grounds can we take the Public Defender to court, and Attorney Vitunac said on the grounds that he is misusing the funds that he does have by giving salary increases to the existing attorneys rather than hiring additional attorneys. CONTRACT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED SCHEDULING OF PUBLIC HEARING FOR BREEZY VILLAGE FRANCHISE The Board reviewed the following memo dated 8/19/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: AUGUST 19, 1986 THRU: L -.S. THOMAS, ACTING ADMINISTRATOR VIA: TERRANCE G. PINTO, DIRECTOR OF UTILITY SERVICESI FROM: JEFFREY K. BARTON, ASSISTANT DIRECTOR, UTILITY SERVICES SUBJECT: SET PUBLIC HEARING FOR BREEZY VILLAGE FRANCHISE BACKGROUND _In January, -1985 the Commission awarded a rate increase to Breezy Village Water and Sewer Franchise but not a rate of return on "investments. The Commission said it would review the rate of return after one year and upon the utility showing good management practices and filing all annual reports required. The annual reports have been filed and the utility is. requesting a hearing before the Commission for their rate of return. -RECOMMENDATION The -Utility staff request that the Commission set a public hearing date to consider the rate of return request of Breezy Village franchise. Staff further requests that the hearing be scheduled during the daytime in consideration of the residents at Breezy Village. Chairman Scurlock emphasized that we are looking to phase out this particular package plant with our north county wastewater system, and will be presenting our final figures at a meeting in Sebastian on September 25th. He believed the project looks like a "go" and that they will be coming back to the Commission asking for authorization to proceed, after which time it would take approximately 18 months to get the system on line. 34 i Commissioner Lyons asked if Chairman Scurlock was suggesting that we wait until after September 25th to hold the public hearing on Breezy Village. Chairman Scurlock did not want to suggest anything, because he felt that we should be as difficult to find as the owner is. Attorney Vitunac advised that we must schedule a public hearing within a certain amount of time, and Utilities Director Terry Pinto advised that they would like to have it within the next 60 days. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) authorized staff to schedule a public hearing in approximately 60 days, preferably after November 17th. IXORA PARK SUBDIVISION WATER DISTRIBUTION SYSTEM IMPROVEMENTS/ WATER MAIN EXTENSION TO SERVE CITRUS ELEMENTARY SCHOOL The Board reviewed the following memo dated 8/19/86 TO: BOARD OF COUNTY COMMISSIONERS DATE: AUGUST 19, 1986 THRU: L.S. THOMAS, ACTING ADMINISTRATOR - VIA: TERRANCE G. PINTO, DIRECTOR OF UTILITIES 1 FROM: JEFFREY A. BOONE, ENGINEERING OPERATIONS MANAGERalA( SUBJECT: IXORA PARK SUBDIVISION WATER DISTRIBUTION SYSTEM IMPROVEMENTS/WATER MAIN EXTENSION TO SERVE CITRUS ELEMENTARY SCHOOL BACKGROUND• The Ixora Park Subdivision is currently served by an undersized and deteriorated galvanized and transite water distribution system. Replacement of the existing water distribution system is necessary to provide quality domestic service and adequate fire flow. Improvements to the subdivision have previously been budgeted by the Utilities Division and will be constructed in three phases. Phase One will consist of extending an 8 inch PVC water main from 20th Avenue to 27th Avenue. Subsequent phases will complete the distribution loop throughout the subdivision. W BOOK 65 —a� BOOK 65 FA GE�6 In conjunction with the improvements to the Ixora Park Subdivision, an 8 inch PVC water main will be extended north from 2nd Street SW to 4th Street to provide water service to Citrus Elementary School. ANALYSIS: A proposal as submitted by Masteller and Moler Associates, Inc. consistent with their "Agreement for Professional Services" dated July 2, 1986 is enclosed for your review. The proposal includes cost estimates as well as engineering design fees for both the Ixora Park Subdivision improvements and the extension along 27th Avenue to serve Citrus School. Respective cost estimates for each project are outlined below: ENGINEERING CONSTRUCTION TOTAL . Ixora Park Subdivision Phase I $7,200.00 $90,200.00 $97,400.00 27th Avenue/Citrus School $5,410.00 $66,250.00 $71,660.00 $12,610.00 $156,450.00 $169,060.00 Funding for.the Ixora Park Subdivision improvements will come from the Utilities Division Impact Fee Fund. Funding for the 27th Avenue extension to Citrus School shall come from a contribution in aid of construction from the County School Board and shall be supplemented by the Utilities Division Impact Fee Fund. RECOMMENDATION• The Utilities Division recommends that the Board of County Commissi-oners approve _the subject projects and authorize payment to Masteller and Moler-Associates, Inc. to prepare engineering plans, specifications and contract documents. Furthermore, the Utilities Division recommends that the Board of County Commissioners authorize the Utilities Division to initiate negotiations with the School Board ..for water distribution expansion to serve Citrus Elementary.School. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-) approved the projects as set out in the above memo and authorized payment to Masteller and Moler Associates, Inc. to prepare engineering plans, specifications and contracts; and authorized staff to initiate negotiations with the School Board for water distribution expansion to serve Citrus Elementary School. 36 INDIAN RIVER COUNTY Dater August 12. 1986 Work Authorization No. 9 for Consulting Services. Project No. 9 (County) 86040 (Masteller & Moler Associates, Inc.) (Water) I. PROJECT DESCRIPTION Title: Part #1 - Engineering and design of approximately 3150' of 8"0 PVC water main through backyard easements & sts. of Ixora Park from 20th Ave. -- 27th Ave. w/valves & hydrants. Budget estimate for project cost, including 10% contingency and engineering fee,is $90,200.00. Part #2 Engineering and design of approximately 3150' of 8"0 PVC water main along 27th Ave. from 2nd St. SW, north to 4th St. w/valves and hydrants. Budget estimate for project cost, including 10% contingency and engineering fee, is $66,250.00. Total estimated project cost (Parts 1 & 2) is $156,450.00. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional .Services" dated July 2, 1986 and specific Article numbers and paragraph numbers which are listed hereinafter to describe the scope of ser- vices included on this project: A. Project Design Services per Article 4, paragraph 4a. and 4b. B. General Services During Construction per Article 5, paragraph = 5a. and 5b. - C. Supplementary and Special Services per Article 6, paragraph 6c., 6d., 6e., 6f., and 6g. In addition, our services shall include field surveys necessary for design and preparation of construction plans and assistance to the County in obtaining various permits and approvals for construction (permit fees to be paid by the County). D. Payment for Services per Article 8, paragraph 8b., the lump sum fee for A, B and C above is as follows: Part #1 = $7,200.00, Part #2 = $5,410.00/TOTAL FEE: $12,610.00. Payment shall be per para- graph 8d. APPROVED BY.: SUBMITTED BY--- INDIAN Y: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By C Don C.,Scurlock, Jr. Chairman Date °Z 99 kv APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Charles Vitunac County Attorney AUG 2 6 1986 L_ MASTELLER & MOLER ASSOCIATES, INC. By Sr/ - aztEuck, Ear H. Masteller, P.E. President Date BOOK UFAGS 5'�7 AUG 2 6 1986 BOOK 65 Fj-F 5` ?S SANDRIDGE GOLF CLUB - CONSTRUCTION CHANGE ORDERS #7 and #8 Administrator Thomas advised that he was displeased with the original change order because it was too high and renegotiated it. OMB Director Baird, Utilities Director Pinto and he agree that the prices are now in line. The total changes amount to $37,852.60. He noted that Change Order #8 shows a reduction of $19,600, and it appears that we will come in well under the $300,000 allocated for irrigation. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved Change Orders #7 and #8, as recommended by Administrator Thomas. 38 r INDIAN RIVER COUNTY SANDRIDGE GOLF CLUB M COWRACT CNA,ICE ORDSR CHANCE ORDRR NO. � project, Sandridge Golf Clu}o_ Dates 8/25/86 Contractors Quet-tl er & Son - Conditional The changes described herein shall be governed by the terms and conditions -,-- 09 the Contract, and shalt not in any vas altar the terms Of the Contract, but #hall hereafter be a part of the Contract. _ Not Change 1-+'17.857 60 Addition • p $ 37►852•=_ Deduction(-) Contract Amount Prior to Change Order Revised Contract Amount Reason for Cheng*. Acceptable T0s4bZ= , 2,j/j.eZ Dates_ A? - 8� -contrMtor'iss ReDraaent.ti.. Recommended by golf co chi�te Approved b '�/ oat.,_ —_S ff wne 39 BOOK 65 r E 5�i9 ONES r�nF iii 1 • a RI .' : 1 11• v 1 11 .e -t.• • •1 � •1 I10 ti r. • • ■ri � oa •� 11 11 © 11 11 15 ' .sir •-. r • •i � •t1=�R� • 3ti�ii■s)j=.WG3 1 11 Not Change 1-+'17.857 60 Addition • p $ 37►852•=_ Deduction(-) Contract Amount Prior to Change Order Revised Contract Amount Reason for Cheng*. Acceptable T0s4bZ= , 2,j/j.eZ Dates_ A? - 8� -contrMtor'iss ReDraaent.ti.. Recommended by golf co chi�te Approved b '�/ oat.,_ —_S ff wne 39 BOOK 65 r E 5�i9 AUG 29 BOOK 65' FA. E5P30 INDIAN RIVER COUNTY SANDRIDGE GOLF CLUB CONTRACT CBAMCg ORDRR CRAINCg ORDRR 110. projects Saxh-idg-' GDlf Club NO. Dates 8/25/86 Contractors (ipi-Ihg- T„ chic Conditions$ The changes described herein shell be governed by the terns and conditions of the Contracto and shell not in any ray sitar the terns of the Contract, but shall hereafter be a part of the Contract. _ Not Change �_ $ - 19.600.00 Addition • Deduction(-) ! $ 19.600.00 _ Contract Amount prior to Change Order Revised Contract Amount Reason for Change. Acceptable TotJ22M2ZVga &1_Ak., Dates_ /J " rZ't�_n b ContrstAOs Reoresentat►ve Recommended by Daces golf (our ar ' te(it Approved by Date= owner A -lop �_ 40 ® /• r. ;.a r r. ens . o.s © 1 11 :1 • •11 Not Change �_ $ - 19.600.00 Addition • Deduction(-) ! $ 19.600.00 _ Contract Amount prior to Change Order Revised Contract Amount Reason for Change. Acceptable TotJ22M2ZVga &1_Ak., Dates_ /J " rZ't�_n b ContrstAOs Reoresentat►ve Recommended by Daces golf (our ar ' te(it Approved by Date= owner A -lop �_ 40 Chairman Scurlock reported that it seems that Commissioner Bird, who is on vacation this week, is ready to offer a contract town individual for the position of Golf Professional and that the salary would be set at a guaranteed $30,000 plus 10% of the gross revenues and 100% of revenues received from lessons, which probably would result in his making an amount greater than the new County Administrator. Chairman Scurlock did not believe that the Board had authorized the actual hiring of a golf professional, and was concerned that the offer has been extended to the gentleman already, without the other members of the Commission or the County Administrator having seen any resumes or -_ held any interviews. Commissioner Wodtke understood that the Board only authorized Commissioner Bird to look for a qualified person to fill this position and bring back a recommendation. Attorney Vitunac suggested ,that•this item be placed on' -next week's agenda, and the Commissioners indicated their agreement. RALMAR ASSOCIATES, INC. REQUEST TO POSTPONE REZONING APPEAL PUBLIC HEARING The Board reviewed the following memo dated 8/22/86: TO: The Honorable Members DATE: August 22, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: RALMAR ASSOCIATES, INC., Obert M. Yea ing U AICP REQUEST TO POSTPONE RE - Planning & Development Director ZONING APPEAL PUBLIC HEARING FROWichard Shearer, REFERENCES: Chief, Long -Range Planning Ralmar Appeal Memo It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 26, 1986. 41 BOOK 65 r,A c 531 BOOK 65 f}'.�� ��� AUG 2 6 uC.5p�� DESCRIPTION & CONDITIONS Ralmar Associates, Inc., have submitted a written request to the Board to postpone the public hearing on their appeal of the Planning and Zoning Commission's denial of their request to rezone 26.2 acres located on the north side of 16th Street and the east side of Kings Highway from A-1, Agricultural District; to RS -6, Single -Family Residential District. The applicant is requesting a postponement of sixty -to -ninety days. ALTERNATIVES & ANALYSIS This rezoning has already been advertised for the September 2nd public hearing, and surrounding property owner notices have already been mailed. Based on these actions, the staff feels. that the interested parties have been notified and some are planning to attend the scheduled public hearing. If the public hearing is postponed, staff feels that it should be readvertised and that new surrounding property owner notices should be mailed. The applicants have stated that they would be willing to cover the costs involved in readvertising. RECOMMENDATION The Planning Department will be ready to make a recommendation on this rezoning appeal on September 2nd. However, the staff would not oppose a postponement of the public hearing. Commissioner Wodtke asked why Ralmar is requesting a post- ponement, and Richard Shearer, Chief of Long -Range Planning, advised that Ralmar wished to have more time to prepare their case and meet with the residents in the area to ease their ---concerns re the higher densities and traffic impact. Commissioner Wodtke suggested that the Board authorize staff to postpone the public hearing scheduled for September 2, 1986, for a period of 60-90 days with the understanding that Ralmar, at their cost, 'must readvertise and send out notices to all the property owners in the area that the September 2nd hearing has been postponed to a specific date. Commissioner Lyons pointed out how difficult it would be to notify everyone because of the upcoming holiday weekend. Chairman Scurlock felt we should go ahead and meet next Tuesday, and if enough people want to take it up that day, then that is the way we will go. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously (4-0) agreed to take no action today on this matter. 42 n BEACH PRESERVATION AND RESTORATION COMMITTEE REPORT Commissioner Wodtke reported on the possibility of legislation being passed that would allow resort tax monies to be used'for beach maintenance and development, as well as renourishment. He wished to have the Board authorize the County Attorney to assist the Beach Committee in checking out the legal ramifications. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, that the Board authorize the County Attorney to assist the Beach Committee in determining the legal ramifications and requirements for resort tax monies to be used for beach maintenance and development, and the consideration of placing this issue on the ballot in the general election in November, 1986. Commissioner Lyons asked if there was time to get this on the November ballot, and Beach Committee member Terry Goff stated that we have until September 22nd to do that. Attorney Vitunac advised that a 9 -member committee must be established along with a report of what the money will be spent on and an ordinance passed subject to the referendum. Although, it would be a tight timeframe, he stated.he would be happy to work with the Beach Committee on this. Commissioner Lyons believed it was a good idea and wondered how many people ask if there is a resort tax or room tax before checking into a hotel or motel. AU G 2 b THE CHAIRMAN CALLED FOR THE QUESTION, The Motion was voted on and carried unanimously (4-0). 43 BOOK 65 Fv- 53' r;- - AUG 2 ;1! 9• B o o K 534 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:25 o'clock A.M. ATTEST: Clerk Chairman 44