Loading...
HomeMy WebLinkAbout3/29/1988Tuesday, March 29, 1988 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, March 29, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested that acceptance of a Grant from the DCA for Pavement Marking Equipment be added to the Consent Agenda as Item 6.A (11) The Chairman also asked that a letter accepting the resignation of the Assistant County Administrator be added to the Agenda as Item 9.A (6). Chairman Scurlock further requested that the addition of a proposed agreement for financial advisory services with Fishkind & Associates be added as Item 9.A (7). Administrator Balczun asked that Item 8.A (1) Discussion regarding St. Edward's Site Plan be removed from today's Agenda. He advised that since the engineer's letter was received, this matter has been resolved at staff level. Commissioner Eggert asked that Item 10.A (1) North County Library Land Purchase Contract be removed from today's Agenda. MAR 2 0 1988 BOOK 71 r;' „t 58 Commissioner Eggert also requested that the Board agree to reconsider the main library site and its building program, and if they did agree, requested that item be added to today's agenda. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously agreed to reconsider the main Library site and added to and removed items from today's Agenda as requested above. APPROVAL OF MINUTES Chairman Scurlock asked that approval of the Minutes of the Regular Meeting of February 23, 1988, be held over until next week's agenda as several Board members have not had the opportunity to read them. The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of March 1, 1988. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of March 1, 1988, as written. CONSENT AGENDA (1) Appointment of City Representatives to County Committees ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the appointment of the following City of Vero Beach rep- resentatives to County Committees as requested by Mayor Kenneth Macht: 2 BOOK 71 1 PAGE 359. MAR 2 9198 J Councilman Hoyt Howard to the Courthouse Advisory Committee Councilman Vernon Krause to the Tourist Tax Development Com. Vice -Mayor Warren Winchester to the County Economic Develop- ment Committee as replacement for Mayor Macht (2) Fairgrounds Master Plan - Travel Expenses The Board reviewed memo from the Public Works Director: TO: Charles P. Balczun, County Administrator FROM: James W. Davis, P.E. Public Works Directorpu„, SUBJECT: Fairgrounds Master Plan - Travel Expenses REF. LETTER: Steve Krone, MSE, to Jim Davis dated Mar. 1, 1988 DATE: March 17, 1988 DESCRIPTION AND CONDITIONS In Jan. 1988, the Board approved Commissioner Bird, Jim -Davis, and the County Fairgrounds Architect (MSE) to visit the Pensacola Interstate Fair so that the County Fairground Master Plan design could benefit from a tour of a completed fairground. The County's Architect has submitted an invoice requesting reim- bursement for his travel expenses. RECOMMENDATION AND FUNDING It is recommended that payment for travel expenses in the amount of $366.58 to Mayes, Sudderth, and Etheredge, Inc. be approved. Funding to be from • Fund 113-210-572-033.13. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved payment of travel expenses in the amount of $366.58 to Mayes, Sudderth, and Etheredge, Inc., as recommended by staff. (3) Budget Amendment #032 - Funds for Sheriff to Hire 13 Addi- tional Officer for New Jail Facility The Board reviewed memo from OMB Director Baird: MAR 2 9 1988 3 BOOK 71 b'AGE 360 TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director DATE: March 21, 1988 SUBJECT: FUNDS REQUESTED BY SHERIFF FOR HIRING OF THIRTEEN ADDITIONAL OFFICERS AT THE NEW JAIL - REDUCED FROM $185,943 TO $104,000 BUDGET AMENDMENT 032 DESCRIPTION AND CONDITIONS On March 1,1988 the Board of County Commissioners authorized the Sheriff's Department to hire thirteen (13) additional officers for the new jail facility. At that time, the Department had also requested another $185,943 to fund the hiring of these thirteen (13) officiers. The Board requested that the Budget staff meet with the Sheriff's Department to see if the amount requested could not be reduced somewhat. ALTERNATIVE ANALYSIS County staff met with Richard Dees of the Sheriff's Department to study the funding problem. After evaluating both the budget and the turnover percentages we feel that the Sheriff's original request of $185,943 can now be reduced to $104,000. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Sheriff's request for additional funding of $104,000, and, at the same time, pass Budget Amendment # 032 (see attached). $k1erfff P.O. BOX 608 PHONE 569-6700 March 9, 1988 'MEMORANDUM R.T. "TIM" DOBECK • INDIANRIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATI ',' 559 lU VERO BEACH, FLORIDA 32961-0608 e k N _..I+ OW of &Budd �ai9�d�ent e9ZSZbZC1. TO Joe Baird, Budget Director, Indian River County FROM Richard Dees RE : COST FOR 13 ADDITIONAL CORRECTIONAL POSITIONS The following information is the result of our meeting this date regarding the possibility of phasing in the thirteen (13) additional positions and the possibility of utilizing current year funding to make up a portion of the additional needs. We are planning to phase in the Correctional Officers over a two (2) month period, but feel we will be able to fill the other four (4) positions this month. 4 MAR 2 S 1988 BOOK 71 PAGE 361 Correctional Officer (3 yr.), 9 each Salary 6 1/2 months $ 10,999 Social Security, 7.51% 826 Insurance, Medical, $221 mo. 1,326 Insurance, Life 43 Retirement, 15.11% 1,662 Total Per Position $ 14,856 Total For 5 Positions $ 74,280 Salary 5 1/2 months $ 9,307 Social Security, 7.51% 699 Insurance, Medical, $221 mo. 1,105 Insurance, Life 34 Retirement, 15.11% 1,406 Total Per Position Total For 4 Positions $ 12,551 $ 50,204 TOTAL 9 CORRECTIONAL OFFICERS $ 124,484 Nurse, 3 each Salary, 6 1/2 months $ 9,655 Social Security, 7.51% X725 Insurance, Medical, $221 mo. 1,326 Insurance, Life 31 Retirement, 13.14% 1,269 Total Per Position $ 13,006 Total for 3 Positions $ 39,018 Clerk Specialist, 1 each Salary, 6 1/2 months $ 7,432 Social Security, 7.51% 558 Insurance, Medical, $221 mo. 1,547 Insurance, Life 31 Retirement, 13.14% 977 Total Per Position $ 10,545 Recap: 9 ea. Correctional Officer $ 124,484 3 ea. Nurses 39,018 1 ea. Clerk Specialist 10,545 TOTAL COST $ 174,047 AMOUNT TO BE TAKEN FRON CURRENT YEAR FUNDING 70,047 ADDITIONAL FUNDING REQUIRED $ 104,000 If you have any questions or need further information, please feel free to contact me. BUSINESS MANAGER ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously accepted the Sheriff's request for additional funding of $104,000 and approved Budget Amendment #032 appropriating the funds for the hiring of the 13 additional officers. MAR 2 9 1988 5 BOOK 71 FAGE 362 . TO: , Members of the Board of County Commissioners FROM:` Joseph A. Baird OMB Director(!?\ SUBJECT: BUDGET AMENDMEN' NUMBER: 032 DATE: March 21, 1988 Entry Number Fund/Department/Account Name Account Number Increase Decrease EXPENSE 1. GF/Reserve for Contingency 001-199-581-099.91 0 104,000 GF/Sheriff-Detention Center 001-600-586-099.14 104,000 0 (4) Release of County Utility Liens The Board reviewed memo of County Attorney Vitunac: TO: Board of County Commissioners FROM: Charles P. Vitunac County Attorney DATE: March 16, 1988 RE: CONSENT AGENDA - FOR BCC MEETING 3/29/88 RELEASE OF COUNTY UTILITY LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: RELEASE of 1 water ERU paid by KINGSWOOD WEST, INC. for Lot No. 44, Phases 2 and 3. (Map #C-4) The back-up information for the above i County Attorney's office. (-1 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved Release of County Utility Liens for 1 water ERU paid by Kingswood West, Inc., for Lot No. 44, Phases 2 and 3 (Map #C-4). NEAR 6 814355 .71 Y r GE 363 State Road 60 WATER Project Map #C-4 (52 ERUs Reserved) Release of One ERU (Ahlf) 3/88(Agree2)LEGAL(Vk)JB PARTIAL TERRELEASE RESERVATIONEQUIVALENT ASSESSMENTRESIDENTIAL UNIT LIEN WATER FOR AND IN CONSIDERATION of the sum of $864.49 from KINGSWOOD WEST, INC., the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY hereby releases the property hereinafter described from that certain Certificate of Water Reservation recorded in 0. R. Book 700, Page 1887, public records of Indian River County, Florida, and from that certain Special Assessment Roll included in Resolution No. 84-47 recorded in 0. R. Book 691, Page 74, public records of Indian River County, Florida, which is more particularly described as: Lot 44 of KINGSWOOD ESTATES SUBDIVISION, PHASES 2 & 3, according to the plat thereof recorded in Plat Book 12, Page 39, of the Public Records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersigned by the Clerk of such Board this 29th day of March'1988.', Approved asp to form and leg s){fficiency: harles P. itunac�� County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Approved for Utility matters: J.ffr y K. Barton Division of Utility Services Child Abuse Prevention Month (April 1988) (5) Proclamation - ---------- --w -� 7 MAR 2 9 1988 BOOK 71 pm -_,E364 364 PROCLAMATION CHILD ABUSE PREVENTION MONTH WHEREAS, child abuse is one of the most pressing family, health and social problems in our state today; and WHEREAS, last year there were over 100,000 new reports of child abuse and neglect; and WHEREAS,The Governor's Constituency for Children is a statewide organization with a strong volunteer support base, providing numerous programs to treat and prevent the abuse and neglect of our children; and WHEREAS, Prevention of Abused and Traumatized Children is a county organization with strong support providing programs on prevention of abuse and neglect of Indian River County children; and WHEREAS, Indian River County organizations involved in prevention of the abuse, will join with similar organizations across the country in observing April, 1988, aslNational Child Abuse Prevention Month; NOW, 'THEREFORE, BE IT PROCLAIMED by the Board of County Commissioners of Indian River County that the month of APRIL, 1988 be designated as "CHILD ABUSE PREVENTION MONTH IN INDIAN RIVER COUNTY" and urge all our citizens to join in the efforts to protect our children. Approved: March 29, 1988 MAR 2 9 1988 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: 8 BOOK .71 PAGE 365 (6) Transfer of Funds for Cities Elections to Elections Account The Board reviewed memo from Ann Robinson, Supervisor of Elections: March 23, 1988 TO: HON. DON C. SCURLOCK, CHAIRMAN, BCC FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS /W.) RE: ITEM FOR BCC CONSENT AGENDA OF MARCH 29, 1988 The municipalities that contracted with me to administer their city elections have sent checks to cover the costs of those elections. The checks have been deposited to BCC general revenue fund. These funds are unanticipated revenue for this fiscal year. Please put an equal amount into the elections budget as follows: Revenue: City of Fellsmere $ 161 City of Sebastian 1,161 City of Sebastian 2,500 City of Vero Beach 2,494 Total received $6,316 election election election election on March on March on March on March 8, 1988 8, 1988 22, 1988 8, 1988 Transfer $6,316 into elections account 001-700-519-011.13. ' Thank you. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the transfer of $6,316 to Elections Account 001-700-519-011.13. (7) Appointment to Environmental Control Hearing Board The Board reviewed recommendation of Environmental Health Director Galanis that Steve Snoberger, an environmental engineer with Carter & Associates, be appointed to the Environmental Control Hearing Board to replace Richard Votapka who recently resigned due to his candidacy for Mayor of Sebastian. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously appointed Steve Snoberger to the Environmental Control Hearing Board as recommended by Environmental Health Director Galanis. MAR 2 9 1988 9 BOOK 71 FACE 366 (8) Release of Paving and Drainage Liens The Board reviewed memo from the County Attorney: TO: Board of County Commissioners FROM: DATE: March 23, 1988 RE: Charles P. Vitunac County Attorney CONSENT AGENDA - FOR BCC MEETING 3/29/88 RELEASE OF PAVING AND DRAINAGE LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: RELEASE of Project No. 8118 located at 14th Avenue from 7th Street North of 8th Street. RELEASE of Project No. 8126 located at 13th Place East of 27th Avenue. RELEASE of Project No. 8128 located at 48th Avenue - Glendale Lakes. RELEASE -of Project No. 8201 located at 44th Avenue between 22nd and'26th Avenues. RELEASE of Project No. 8202 located at 36th Avenue between 12th and 14th Streets. RELEASE of Project No. 8203 located at 16th Avenue between 2nd and 4th Streets. RELEASE of Project No. 8209 located at 14th Avenue between 2nd and 4th Streets. RELEASE of Project No. 8228 located at 15th Avenue between 2nd and 4th Streets. RELEASE of Project No. 8222 located at 18th Avenue between 2nd and 4th Streets. RELEASE of Project No. 8223 located at 16th Avenue between 1st Street SW and 2nd Street. RELEASE of Project No. 8232 located at 23rd Avenue between 1st and 4th Streets. RELEASE of Project No. 8301 located at 10th Court between 2nd Street and 4th Street. RELEASE of Project No. 8307 located at 38th Avenue between 4th and 6th Streets. RELEASE of Project No. 8309 located at 14th Avenue between 12th and 14th Streets. RELEASE of Project No. 8310 located at 1st Place between 15th and 20th Avenues. The back-up information for the above is on file in the County Attorney's office. 10 MAR 2 9 1988 L � KU 71 PA G E 367 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously authorized the Chairman to execute the standard release forms listed in the County Attorney's memo dated March 23, 1988. COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. ) Bid #391R - Landscaping of Indian River Blvd. (Re -Bid) The Board reviewed memo of Purchasing Manager Ambler: TO: Charles Balczun DATE: March 22, 1988 FILE: County Administrator THRU: P. J. Mattes Asst County Administrator SUBJECT: Award of IRC Bid #391R - Landscaping of Indian River Blvd (Re -Bid) FRO REFERENCES: - 3/ p-17?7 s Amble , C.P.M. Purchasing Manager 1. DESCRIPTION AND CONDITIONS Bids were received Wednesday, March 16, 1988, at 2:00 P.M. for IRC Bid #391R. 19 Invitations to Bid were sent out. 5 Bids were received. 2. ALTERNATIVES AND ANALYSIS The low bid meeting specifications was submitted by Lounds Nursery Inc., at $23,905.46. Their bid has been reviewed by both Engineering and Purchasing and appears to be complete and in order. 3. RECOMMENDATION AND FUNDING Staff recommends that IRC BID #391R be awarded and that the purchase be accomplished from Lounds Nursery Inc. Budgetary approval has been confirmed for expenditure from Engineering Department. Account Number #304 -214 -541 - Engineering estimate was $47,000.00. Staff requests authorization to proceed. MAR '9 8 11 BOOK 71 F'A U 368 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously awarded Bid #391R for Landscaping of Indian River Boulevard to the low bidder Lounds Nursery in the amount of $23,905.46, as recommended by staff. (10) Bid #409 - Term Contract for Utility Chemicals The Board reviewed memo of Purchasing Manager Ambler: TO: CHARLES BALCZUN COUNTY ADMINISTRATOR DATE: MARCH 23, 1988 FILE: THRU: P. J. MATTES ASST COUNTY ADMINISTRATORSUBJECT: TERM CONTRACT FOR UTILITY CHEMICALS IRC BID #409 LOTS 1, 2, 3, 6 & 7 FROM G AMBLER te ,7 REFERENCES: . PURCHASING MANAGER 1. DESCRIPTION AND CONDITIONS: BIDS WERE RECEIVED WEDNESDAY, MARCH 16TH, 1988, AT 2:00 P.M. FOR IRC BID #409. 13 INVITATIONS TO BID WERE SENT OUT. 11 BIDS WERE RECEIVED. 2. ALTERNATIVES AND ANALYSIS: THIS BID CONTAINS 7 LOTS. LOTS 1, 2, 3, 6 & 7 SHOULD BE AWARDED NOW. LOTS 4 & 5 LATER AFTER FURTHER REVIEW. LOTS 1 AND 2 WERE TO BE AWARDED TOGETHER. THE LOW BIDDERS MEETING SPECIFICATIONS ARE AS FOLLOWS: LOT 1 & 2, LIQUID CHLORINE, ALLIED CHEMICAL AT $446.00 UNIT. LOT 3, DRY CHLORINE,GORMAN CO AT $92.50 PER UNIT. LOT 6, SODIUM HEXAMETAPHOSPHATE, CALGON CORP. AT $28.25 PER UNIT. LOT 7, CITRIC ACID, VAN WATERS & ROGERS AT $44.00 PER UNIT. 12 WAR 2 0 1988 BOOK 71 F.,CE 369 3. RECOMENDATION AND FUNDING: STAFF RECOMMENDS THAT IRC BID #409, BE AWARDED AND THAT THE PURCHASE BE ACCOMPLISHED FROM THE VENDORS LISTED. BUDGETARY APPROVAL WILL BE CONFIRMED FOR EXPENDITURE FROM UTILITIES SERVICES ON AN AS NEEDED BASIS BEFORE ORDERS ARE PLACED. STAFF REQUEST AUTHORIZATION TO PROCEED. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously awarded Bid #409 as follows: Lots 1 & 2 - Allied Chemical for liquid chlorine @ $446/unit. Lot 3 - Gorman Co. for dry chlorine @ $92.50/unit Lot 6 - Calgon Corp. for sodium Hexametaphosphate @ $28.25/unit. Lot 7 - Van Waters & Rogers for citric acid @ $44/unit. All per the following Bid Tabulation: BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach. Flohoa 32960 BID TABULATION V is \ V J� �Q N� qj pto 0 �I.e., r, t, (/ �� U�' �`rD1 � 0 \k� /,y} A) ri '11/4 C 1V U�i� do I D � J, j' Lk J`� �I VCV `rVf BID NO. DATE OF OPENING 810TTLS ITEM. 4/ 9 NO f2,,f7$A'. DESCRIPTION fa r UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT Lilt' f' 1 Cli/oQ we So O° go 00 4S0 0o 400 3q(o 00 397 00 ax. oo N .ZL-' Z CA/,/;v_p_ Nil Pa So Coo 90 loo 00 6) oo 69 oo 44 0o Sn - N 13 70 L / Y -Z T>R/Q4f 0.;,,c Ia • 63a la -S :• oo 74O lag Po oo Sto 10 to 00 00 4&t I 0 Co et, ix? a y on 00 la + 00 SSv : S N g N a /a t 3 . _S_ /A. RiG 1 ;, I711 /_ , le d/Q Z . . &25 00 TM PU D 5 • ■ -77 00 . . , : S 00 , . oo /V ■ /J� LOT (o SLdiun DEX .0 • y2 • al •- 3q 00 36- ZS g Co A 73 i$ /n71* 7 (3fvc /1c.10 N73 _( ou 16,, .- £7 e /DD w 88 n0 /fit- co /V. t/ NP = 44 -a;ri 0 v UNIT PRICE UNIT PRICE 1112111111211111111 RIEIMPERNIN FINEIMAIIM 111111111111111111 (11) Acceptance of Subgrant Award - Pavement Marking Equipment MAR 2 2 1988 ON MOTION by Commissioner Eggert, SECONDED -by Commis- sioner Bird, the Board unanimously authorized the Chairman to sign the Certification of Acceptance of Subgrant Award from the Bureau of Public Safety Management for Pavement Marking Equipment. BOOK 71 DU 370 BUREAU OF PUBLIC SAFETY MANAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32301 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 88-11-613-02-08 in the amount of $ 11,250.00 , for a project entitled Pavement Marking Equipment tor the period of 03/18/88 through 09/30/88 , in accordance with the statement of work contained in the subgrant application, and sub- ject to the Bureau of Public Safety Management's conditions of agreement and special conditions governing this subgrant. (Signature of Authorize Official) • Don C. Scurlock, Jr., Chairman Board of County Commissioners Indian River County, Florida (Typed Name and Title of Official) DCA=HS Fortn 1 (June, 1985) 3/29/88 (Date of Acceptance) MARBELLA, INC.- PRD SPECIAL EXCEPTION & CONCEPTUAL PLAN APPROVAL The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: MAR 2 9 1988 14 BOOK .71 DGE 371 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 /l4Ll u1 in the matter of ��1�•�' el eag2444} in the Court, was pub- lished in said newspaper in the issues of vtairdei et, /9N • Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before jjte this (SEAL) • day oft ✓ A D. 19 9f n (Clerk of the Circuit C Jsiness Manager) urt, IrtdJn River County, Florida) NOTICE OF PUBLIC HEARING Notice of hearing to consider a granting of special exception approval for a Planned Resi- dential Development. The subject property is presently owned by Marbella Club Resorts. Inc. The subject property is described as: ALL THAT PARCEL OF LAND ON WABASSO IS- LAND BEING A PART OF GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING NORTHERLY AND ADJACENT TO STATE ROAD NO. 510, IN INDIAN•RIVER COUN- TY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 27, THENCE DUE WEST 823.34 FEET; THENCE S52°15'00"W 1950.39 FEET TO THE POINT OF BEGINNING; THENCE CON- TINUE S52°15'00"W 1089.51 FEET; THENCE N07°53'51"W 216.53 FEET THENCE N04°08'54"W 375.52 FEET .: THENCE N33°37'27"W 157.50 FEET THENCE N13°35'31"E 107.44 FEET THENCE N48°45'11"W 254.17 FEET ..THENCE N22°28'51"W 251.16 FEET ' THENCE N05°16'51"W 204.00 FEET • THENCE S89°20'29"W 23.38 -FEET; .. THENCE N52°00'41"W 83.19 FEET- THENCE N22°59'53"W 95.41 • FEET .• THENCE N38°03'06"E 126.94 FEET • THENCE N52°10'30"E 304.55 ' FEET THENCE N60°13'52"E 88.39 FEET; THENCE S72°07'01"E 60.21 FEET; THENCE S77°00'28"E 59.25 FEET; THENCE S50°30'08"E 190.00 FEET; THENCE S49°14'35"E 186.33 FEET; THENCE S01 °05'26"E 55.24 FEET; THENCE S85°58'18"E 89.72 FEET; THENCE S24°00'55"E 59.80 FEET; THENCE S52°29'16"E 63.75 FEET; THENCE S21°57'20"E 157.80 FEET; THENCE S49°05'50"E 156.81 FEET; THENCE S87°57'49"E 9514 FEET; THENCE S29°58'00"E 137.48 FEET; THENCE S61°20'51"E 88.68 FEET; THENCE N71°23'28"E 137.30 FEET; THENCE S30°001110"E 15.00 FEET; THENCE S58°41'13"W. 193.78 FEET; THENCE S11 °00'20"E 95.19 FEET; THENCE S13°14'52"E 58.02 FEET; THENCE S13°51'06"E 140.47 FEET, TO THE POINT OF BEGINNING. . LESS. HOWEVER, THAT PART OF THE RIGHT- OF-WAY OF STATE ROAD NO. 510 LYING WITHIN THE AFOREDESCRIBED PARCEL. i A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County. Florida, in the County Commission Chambers •of. the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Tuesday. March 29, 1988 at 9:05 a.m. • Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceed- ings is made which includes the testimony and evidence upon which the appeal will be based. Indian River County Board of County Commissioners By -s -Don C. Scurlock, Jr. Chairman ti. March 9. 1988 .•, . n s - Chief Planner Stan Boling made the staff presentation, advising that the plan does the edge of the island: MAR 2 9 1988 show a conservation easement around 15 BOOK 71 FAME 3 12 TO: Charles Balczun DATE:March 14, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: Robert M. Kea ing ihICP SUBJECT: MARBELLA, INC.'S REQUEST Community Dev-lo•lagnt Director FOR CONCEPTUAL SPECIAL EXCEPTION PRD PLAN THROUGH: Stan Boling Ala'>'II22 APPROVAL Chief, Current Development FROM:John W. McCoy/) ��' REFERENCES: marbella JOHN Staff Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 29, 1988. DESCRIPTION AND CONDITIONS: Lloyd and Associates, -Inc. has submitted a request to receive special exception conceptual PRD plan approval on behalf of Marbella, Inc. The application will cover the old Marsh Island project. The PRD application will overlay some of -the existing facilities constructed under the Marsh Island approval. The development proposal is to cluster several multiple family buildings around the marina and other recreational facilities and plat the remainder of the project as single-family lots. The Planning and Zoning Commission recommended 6-0 to approve the conceptual plan at their February 25, 1988 meeting, with the conditions stated at the end of this report. ANALYSIS: 1. Area of Property: 28.43 acres 2. Zoning Classification: 4 units/acre). 3. Land Use Designation: units/acre). RM -4, Residential Multi -Family (up to LD -2, Low -Density Residential (up to 6 4. Proposed Units/Building Density: Multiple -Family: 56 units Single -Family: 34 units Total: 90 units for 28.43 5. Surrounding Land Uses/Zoning: 6. Open Space Required: 50% Provided: 53% North: South: East: West: acres = 3.17 units/acre Indian River C.R. 510/Residential Indian River Indian River 7. Recreation Space Required: 47,045 sq. ft. Provided: 91,300 sq. ft. 8. Utilities: The project is currently serviced by a franchised water and wastewater system. However, the franchise for that .system was approved for the previous project developer. 16 6V1AR 2 9 1988 BOOK . 71 FAGE 373 Since the subject property has recently been acquired by a new developer, the new owner must transfer the utilities franchise pursuant to County regulations. To effect the transfer,.a public hearing and action by the Board of County Commissioners is necessary. As of this time, the applicant has not transferred the franchise nor paid the required franchise fees. The Utilities Department has requested that the franchise transfer be completed prior to any site plan approval to ensure that the proposed project will be adequately served by a legal utilities franchise. 9. Stormwater Management Plan: The Public Works Department has reviewed and approved a conceptual drainage plan. 10. Traffic Circulation: The site will use the existing Marsh Island drive to access C.R. 510. 11. Dedication and Improvements: The project must satisfy the public access to waterbodies requirements through both the subdivision ordinance section [10r] and site plan ordinance [23.3i]. These provisions will be more specifically addressed at the time of preliminary PRD review. 12. Waivers: Through the PRD process, the applicant is requesting the following waivers: 1. a waiver from standard road right-of-way requirements; 2. a waiver from the 20' building separation distance, and 3. pursuant to existing County policy, the recreational vehicle space requirement normally applied to multi- family projects may be waived if recreational vehicles are prohibited from using or parking on the site. The applicant is proposing such an arrangement. Staff supports these requests, based on the submitted concept design and allowances specified in th PRD ordinances. RECOMMENDATION: Staff recommends that the PRD special exception and conceptual plan approval be granted by the Board of County.Commissioners with the following conditions: 1. Prior to any site plan or preliminary plat approval, the applicant complete the necessary procedures to transfer- ownership of the utilities franchise with the County Utilities Department; and 2. The applicant make provision to satisfy the access to public waterbodies requirements at the time of preliminary PRD approval. 3. That a statement be recorded on the final plat prohibiting the use or storage of recreational vehicles on the site. LIAR 2 9 1988 17 BOOK 71 PAGE 374 Chairman Scurlock wished to be sure that the approval includes their conveying the utilities to the county, and this was confirmed by Chief Planner Boling. The Chairman asked if anyone wished to be heard. There none, and he thereupon declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously granted the PRD Special Exception and Conceptual Plan Approval based on the conditions recommended by staff. were PUBLIC HEARING - AMENDING ORDINANCE RE MOBILE HOME AND OUTDOOR STORAGE USES, ETC. The hour of 9:05 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 a /E. Ohal 9(47U) in the matter of sea in the _ Court. was pub- lished in said newspaper in the issues of 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 off ice 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 subscribed before • e thisZ day of //;,,ez.--%f! A D 194 (SEAL) i! tAR 2 1988 / 7) 4 A / ., t{ -'��-� _ ;� fes - (Clerk of the Circuit Court, Indian. River County, Florida) siness Manager) 18 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 - •ties in interest and citizens shall have an oppor- tunity to be heard, in the County Commission Chambers of the County Administration Build- ing, located at 1840 25th Street. Vero Beach. Florida, on Tuesday, 'March 29, 1988, at 9:05 a.m. to consider the adoption of an Ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 20 (CG. GENERAL COMMER- CIAL DISTRICT) OF APPENDIX A OF THE CODES OF LAWS AND ORDI- NANCES OF INDIAN RIVER COUNTY, ZONING: CORRECTING REFERENCE ERRORS; ESTABLISHING REGULA- TIONS TO ALLOW AS AN ADMINISTRA- TIVE PERMIT USE THE DISPLAY OF A MODEL MOBILE HOME IN CONJUNC- TION WITH A REAL ESTATE SALES OPERATION; AND AMENDING SEC- TION 20.1 (CH. HEAVY COMMERCIAL DISTRICT) OF APPENDIX A OF THE CODES OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, ZONING: ESTABLISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PER- MIT USE OUTDOOR STORAGE; ESTAB- LISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PERMIT OSE MO-. BILE HOME TRAILER SALES; EXPAND- ING ALLOWABLE ACCESSORY USES AND STRUCTURES TO INCLUDE EN- CLOSED' OUTDOOR STORAGE; AND ESTABLISHING A ZERO REAR YARD SETBACK WHEN ABUTTING RAILROAD RIGHT -0F -WAY. • A copy of the proposed ordinance will be available at the Planning Department office on the second floor of the County Administration Budding, beginning February 15. 1988. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -DON C. SCURLOCK. JR. Chairman March 9, 1988 BOOK 71 PAGE 375 Chief Planner Boling made the staff presentation: TO:Charles Balczun County Commissioners DIVISION HEAD CONCURRENCE: Ro•ert 1. Kea'ing, CP Community Dev - lop nt Director DATE: March 14, 1988 FROM • • Stan Boling Chief, Current Development BJECT: FILE: AMENDMENTS TO SECTIONS 20, 20.1, and 25.1 OF THE ZONING CODE REGARDING MOBILE HOME AND OUTDOOR STORAGE USES, REFERENCE ERRORS, AND SETBACKS FROM RAILROADS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 29, 1988. DESCRIPTION AND CONDITIONS: Recently, the Planning and Zoning Commission granted approval for use of a model mobile home display in conjunction with an "off- site" real estate information office for the Heron Cay mobile home park project. During consideration of the Heron Cay proposal, the Planning and Zoning Commission. directed staff to investigate ordinance changes to regulate model mobile home displays and mobile home trailer sales. The Board of County Commissioners has now authorized staff to proceed with ordinance amendment proposals to address the mobile home use issues as well as other necessary minor changes to the CG and CH district regulations. The proposed ordinance amendments address -these issues. At its regular meeting of February 25, 1988, the Planning and Zoning Commission voted 6 to 0 to recommend that the Board of County Commissioners adopt the ordinance amendments as now proposed (see attachment #1). ANALYSIS: (A) Section 1: corrects a reference error contained in the current code edition for the CG District regulations. (B) Section 2: establishes model mobile home displays as an administrative permit use in the CG district. (C) Section 3: establishes administrative permit criteria for allowing model mobile home displays in the CG district. The criteria are intended to ensure that displays are only in conjunction with mobile home park real estate sales and information offices, that only one model may be displayed, that displays are separated by a 1,000' distance, and that appropriate parking and landscaping are provided. (D) Section 4: establishes mobile home trailer sales and outdoor storage as administrative permit uses .in.the CH district. (E) Section 5: establishes administrative permit criteria for unenclosed outdoor storage in the CH district. Criteria are intended to ensure that .the outdoor storage areas are accessory to the site's principal use, that only items displayed for sale or used in the operation of the business are stored outside, and that appropriate parking is provided and setbacks are applied. (F) Section 6: establishes administrative permit criteria .for mobile home trailer sales in the CH district. Criteria are •intended to ensure that adequate parking and display areas are provided. REAR 2 9 1988 19. BOOK 71 FAGS 376 (G) Section 7: establishes "enclosed" outdoor storage as a permitted accessory use in the CH district. Such storage areas must be enclosed by a wall or opaque fence having a minimum 6' height. (H) Section 8: allows in the CH district a 0' rear yard set back when the rear property line abuts a railroad track. This rear yard setback "waiver" is currently provided for in the'IL and IG districts. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed ordinance amendments. The Chairman asked if anyone wished to be heard. There were none, and he thereupon declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Ordinance 88-16 amending the Zoning Code re Mobile Home and outdoor storage uses, etc. ORDINANCE NO. 88 - 16 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 20 [CG, GENERAL COMMERCIAL DISTRICT] OF APPENDIX A OF THE CODES OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, ZONING: CORRECTING REFERENCE ERRORS; ESTABLISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PERMIT USE THE DISPLAY OF A MODEL MOBILE HOME IN CONJUNCTION WITH A REAL ESTATE SALES OPERATION; AND AMENDING SECTION 20.1 [CH, HEAVY COMMERCIAL DISTRICT] OF APPENDIX A OF THE CODES OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, ZONING: ESTABLISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PERMIT USE OUTDOOR STORAGE; ESTABLISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PERMIT USE MOBILE HOME TRAILER SALES; EXPANDING ALLOWABLE ACCESSORY USES AND STRUCTURES TO INCLUDE ENCLOSED OUTDOOR STORAGE; AND ESTABLISHING A ZERO REAR YARD SETBACK WHEN ABUTTING RAILROAD RIGHT-OF-WAY. NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County that: Section 1 Section 20(a) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby amended to read as follows: "(a) Purpose and intent. The CG, General Commercial district is intended to provide areas for the development of general retail sales and selected service activities along major thoroughfares in the county consistent with the comprehensive ORDINANCE 88-16 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 20 MAR 2 0 1988 BOOK 71 FA rE 377 • REQUEST FOR VARIANCE -• FIRST BAPTIST CHURCH OF MT. PLEASANT The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice 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 a IG�-Li,CG� 11 with Proof of Publication in the matter of A 21,E 9'3 —,75/ in the Court, was pub- lished in said newspaper in the issues of //LZ7/f/� 11� /9don/ 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 pubiishectin 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 subscribed t}gfore e this _ day of //44icG1A D 19 •f' (SEAL) ess Manager) (Clerk of the Circuit Court, Indidn River County, Florida) • NOTICE OF PUBLIC HEARING • Notice of Public Hearing to consider a waiver from the requirements of Ordinance 83-24 (Sub- division and Platting) that would prohibit issu- ance of a building permit for a single-family resi- dence on the subject property described as: ALL THE PIECE, PARCEL, OR TRACT OF LAND SITUATE. LYING AND BEING 'IN INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS BEING THE SOUTH 'h OF THE SOUTH- . WEST 'A OF THE NORTHWEST 'A OF TRACT 9 IN SECTION 26, TOWNSHIP 33 • SOUTH. RANGE 39 EAST, ACCORDING TO THE PLAT OF LANDS IN INDIAN ::.'RIVER FARM$ COMPANY AS RE- CORDED IN PLAT BOOK 2 AT PAGE 25 • ' OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SUBJECT 'TO THE WEST 30 FEET FOR••ROAD • EASEMENT, ALSO DESCRIBED AS THE • SOUTH 'h OF PARCEL 2, TRACT 9, • VERO BEACH SUBURBAN ACRES. • The Board of County Commissioners will con- duct a public hearing regarding the request to waive subdivision ordinance requirements to en- able construction of a residence on the subject property. The public hearing. at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County . Commissioners of Indian River County, Florida in the Commission Chambers of the County Admin- istration Building located at 1840 25th Street. Vero Beach, Florida on Tuesday, March 29,1988 at 9:05 a.m. • Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evi- dence upon which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS •....BY:-s-DonScurlock. Jr. - •:., r »:. Chairman March 11,1988 ,...'gym gri:.aw'.. • Chief Planner Boling made the following staff presentation recommending denial: 21 MAR 2 1988 BOOK 71 FAH378 TO:Charles Balczun DATE: March 21, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: REQUEST BY FIRST BAPTIST overt M. Keati A ' P SUBJECT: CHURCH OF MT. PLEASANT FOR Community Developme f Director A VARIANCE FROM APPLICABLE SECTIONS OF ORDINANCE 83-24 (SUBDIVISION AND PLATTING) FROM: Stan Boling 4)' REFERENCES: first baptist Chief, Current Development STAN2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 29, 1988. DESCRIPTION AND CONDITIONS: The subject 1.25 acre parcel, located immediately east of Boxwood Estates subdivision at 14th Street S.W., is zoned RS -6 (Residen- tial Single -Family up to 6 units/acre), and is legally described as follows: ALL THAT PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, MORE PARTICU- LARLY DESCRIBED AS BEING THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF TRACT 9 IN SECTION 26, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT OF LANDS IN INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2 AT PAGE 25 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SUBJECT TO THE WEST 30 FEET FOR ROAD EASEMENT, ALSO DESCRIBED AS THE SOUTH 1/2 OF PARCEL 2, TRACT 9, VERO BEACH SUBURBAN ACRES. The parcel is a portion of a "metes and bounds" subdivision known as "Vero Beach Suburban Acres", which is located south of 13th Street S.W., east of 16th Court S.W. In the late '60's and early '70's, the Vero Beach Suburban Acres "developer" executed dozens of contracts for deed. The contracts specified a schedule of payments. Upon completion of the payments, a deed was to be created and recorded, transferring title to the purchaser and establishing a new lot, separate from the "parent" parcel. In effect, the entire Vero Beach Suburban Acres area (total of approximately 160 acres) is being subdivided into 1 and lir acre parcels. Although each tract is "accessed" via a grid system of ingress and egress easements that exist "on paper", no roadways, drainage facilities, or utilities actually exist to serve indi- vidual parcels. At no time has the County approved the lot layout or any aspect of the subdividing that has occurred over the past three years. The County was unaware of the subdividing until a few years ago, when the Tax Appraiser's Parcel Maps began depict- ing parcels "popping up" in the middle of large tracts, far removed from surrounding roads and drainage facilities. Staff has attempted to work with the present owner of.the parent parcels without result. Unbuildable parcels continue to be separated from the parent tract and transferred to individuals. The resulting subdivision is illegal, based upon the following staff findings: 1. lots are created upon the recordation of a deed specifying a particular parcel that is separate from the "parent parcel"; BAR 2 9 1988 22 BOOK FGE 379 2. all County zoning and subdivision regulations in effect at the time of the creation of the lot (July 8, 1985 for the subject property) apply; 3. the lot was part of an illegal subdivision, wherein three or more lots had been created from the "parent parcel" since the adoption of the new subdivision ordinance (Ord. 83-24) and thus constituted a portion of a subdivision; 4. the subdivision had been created without the necessary compliance with the subdivision and platting ordinance; 5. no building permit can be issued for development of a lot in an illegal subdivision; and 6. the requirements of Ordinance 83-24 apply. The First Baptist Church of Mt. Pleasant, through its agent Michael O'Haire, appealed staff's above described determinations to the Board of Adjustment. At its regular meeting of January 11, 1988, the Board of Adjustment voted 3 to 2 to uphold staff's determinations. Thus, the Board of Adjustment has determined that the provisions of Ordinance 83-24 (the County's current sub- division and platting ordinance) apply to the subject site. The Board's decision is final; the applicant never attempted to appeal the determination to the circuit court during the 30 day filing period allowed by ordinance. The applicant, through its agent Michael O'Haire, is now request- ing a waiver "from the requirements of -Section 6(a)(3) of Ord. 83-24 and any other requirements of the ordinance that would prohibit issuance of a building permit for a single-family resi- dence." ANALYSIS: The applicant is requesting a variance from the compliance and enforcement portions of Ordinance 83-24; specifically sections 6 (a) (1) , 6 (a) (3) , and 7(b). These sections state the following: 6 (a) (1) : that it is illegal to create a subdivision without first complying with the platting and subdivision require- ments of Ordinance 83-24; 6(a)(3): that it is illegal to create a parcel that does not have the minimum required frontage on a dedicated road right-of-way; and 7(b): that no building permit can be issued for construction on a parcel that is part of an illegal subdivision. In essence, by requesting a waiver from these sections, the applicant is requesting that the application of Ord. 83-24 re- quirements be rendered ineffective in regards to the subject property. Section 11(b) of the subdivision ordinance states that the Board shall not approve a waiver (variance) from the subdivision ordi- nance requirements unless it finds all four of the following: 1. "The particular physical conditions, shape, or topography of the specific property involved would cause an undue hardship to the applicant if the strict letter of the ordinance is carried out;" .2. "The granting of the waiver will not cause injury to adjacent property or any natural resource;" 3. "The conditions, upon which a request for waiver are based, are unique to the property for which the waiver is sought and •are not generally applicable to other property in the. 23 MAR 2 9 1988 BOOK 71 FAE 380 adjacent areas and do not result from actions of the appli- cant; and," 4. "The waiver is consistent with the intent and purpose of the Indian River County Zoning Ordinance, the Indian River County Comprehensive Land Use Plan, and this ordinance."' It is staff's analysis that none of these criteria are satisfied by the request. 1. The physical condition, shape, or topography of the subject property causes no hardship on the owner's ability to pro- perly develop the property under the Ord. 83-24 regulations. The property is similar to the adjacent 10 acre tract which was properly subdivided a few years ago and is now known as "Boxwood Estates". The owner could plat one to three lots on the subject piece of property (this would involve extending 14th Street S.W. and County water lines), or plat the subject parcel along with other adjacent properties. 2. Granting the waiver could preclude proper future subdivision of the adjacent area. Waiving the subdivision' requirements could result in: problems in extending 14th Street S.W. to established traffic circulation system; problems in extending County water lines; obstructing the continuation of a drainage the established road right-of-way system; future inequity problems regarding paving roadways or roadway extentions; and continue the outfall via of adjacent problems with future alignment of a north/south road parallel to 16th Court S.W. (could preclude continuation of the established roadway pattern). All of these problems could cause injury to adjacent prop- erties due to obstruction of the proper extension of infrastructure. 3. The condition(s) of the property are not unique. Dozens of other properties within the Vero Beach Suburban Acres illegal subdivision share similar or exact circumstances. Further- more, illegal subdivision splits occur from time to time throughout the County. The conditions of the subject proper- ty are similar to many other properties, and similar to any number of illegal splits. 4. The request is inconsistent with Ord. 83-24 and the Compre- hensive Plan. First, the request is to make Ord. 83-24 ineffective and useless in regards to fulfilling its primary objective, which is to "...require the harmonious and orderly development of land...(section 4)". The request is broad, taking issue with the entire ordinance and the County's authority to require proper subdivision and platting. Second, the request is inconsistent with the Land Use element of the Comprehensive Plan, specifically Policy D.1. which states: "Proposals for residential developments shall comple- ment existing residential patterns and provide adequate neighborhood facilities [p. 17]". The analysis under point (2) above demonstrates that the County can only ensure development that complements existing patterns (road, drainage layout) and provide adequate facilities (infrastructure and drainage) by applying the Ordinance 83-24 regulations. MAR 2 9 M8 24 BOOK 71 PAGE 381 In summary, the applicant has alternatives to properly plat the subject property by itself or in conjunction with adjacent prop- erties. The Board has never granted such a broad request to waive all applicable aspects of Ordinance 83-24. Waivers that have been granted by the Board have involved more minor issues, such as the location and provision of sidewalks and the ability to directly access a Thoroughfare Plan road. Granting the request would render Ord. 83-25 ineffective, because all current and future illegal subdivisions would be similarly situated. Granting the request would set an untenable precedent: that the subdivision regulations apply to all properly developed residential projects but not to illegal subdivisions. RECOMMENDATION Staff recommends that the Board of County Commissioners deny the request by Mt. Pleasant Baptist Church to waive all applicable requirements of Ordinance 83-24. -• BOXWOOD VER I ESTATES© PRI 11-84 2 0 • • 14 10' EiEittE =OEM fli =NZ 41 M® ZUNIES MET • 112:41).' 100 . 24 a' 23. t`L 22. 21.E C%�s1Qo. • 6 9,� •w • 7 . 8 9 1. •e 10 010e. $d 0d -7 32 I 13 MAR 2 9 1988 1- A Fr I0• • mer in 12008.45` 0 133.45.3. 041'_ w 6 i- 1 4(TO (Ftisal 8 6 • . 5 . m • • 9 .CD10 • O 011 • ,T .IP '4 N' 61G v 133.40" BEACH SUBURBAN ACRES UNRECORDED m �m 4 colt' 1- O m 0'2 "oo !�1 I2 o m N./ 7/3 i /CO j24•r = 0108.48., 108. ST. S.UC ro /4TH sT. SW c a 1184.1' o 108.45 • ' 108.46: �I 0 b % n 7.'")d .02 • :1,13 0 10133A61' 3A61 0 0l, to -b 41 320= AC SIR cSgo1 +°1 00: o A.2.? AC A GI, 3.46•_ 1 wI O7 r= 3t•. • 091. - 0 'O2 c. .32 � Eo' D%A4.� , r / .0 00 er I'"12 133 N f io j.r Od 03. 04.1'N108.45•, `10 462 /STH sr sw.--7: 1.27 1• • J L_ 4710 TR.9 1.03 AC 01 _ ?0,90 83----4__---P°o- m 2.50 AC /65S {.---.- ---1 • Il.as AC 0 Igo aL _ __J I . o ^iI US I N[: I w .V41.I o 1 I a.2A 1 625 -- -_ LL. AL 1__-r_--- --1- •_ - 25 BOOK. p 1. rAl.iE 382 • t, Commissioner Bird wished to know what needs to happen in the future to clear up this problem so that this lot and others in here can become buildable. Chief Planner Boling advised that most of the people who own, orare buying, these properties are from out of state and have never seen the property, and the first entity that started these contracts is not the company that owns them currently. As well as working with the applicant, staff also has tried to work with the current owner of all these contracts and have them contact the mortgagors and alert them as to the situation. He pointed out that the property under discussion is located next to Boxwood Estates and this area is ripest for development; they just need to extend 14th St. S.W. into their property and plat it. Planner Boling felt it probably will be necessary to assemble these properties to make it feasible to develop them. The Chairman asked if anyone present wished to be heard. Attorney Michael O'Haire came before the Board representing the First Baptist Church of Mt. Pleasant. He informed the Board that this situation is a result of a real estate scam that took place in the late '60s. This is an unapproved subdivision,; the developer has disappeared; and the current owner is the party who lent the developer money and then took over the property when he ran out. Mt. Pleasant Church is simply one of the many who innocently purchased this property. Attorney O'Haire explained that in the case of the church, the agreement for deed was signed in 1972 when there was a different ordinance altogether in place, and many other deeds go back to .the late 60's. Staff's position is that this land was not subdivided when the people agreed to pay their money and the agreement for deed was signed, but that it was subdivided only when the deed came out after they had paid all their money for land, which is what is happening now. The problem now is that when these deeds come out, they are immediately put on the tax roll, and the purchasers get the privilege of paying the county 26. MAR 2 '0 1988 KOK 71 FACE 383 taxes on property they can't use. Attorney O'Haire further noted that on the sketch of the property being discussed, there is a lot marked "New House," and the owner who bought that lot either recorded their agreement for deed at the time they entered into it or they paid cash instead of financing their purchase; so, they got a building permit simply because of the way they structured their•purchase and the church is being penalized for something it didn't do. Attorney O'Haire contended that the property of the church is unique in that it is fortunate to have probably the only lot that does indeed abut on a county owned and dedicated street - 14th St. S.W. It, therefore, does have access and there are utilities available, and he felt to require a 1i acre parcel to go through all that is involved in the subdivision process is pretty onerous. Mr. O'Haire agreed that it is nice to talk about assemblage of all these parcels, but the owners of these lots are scattered all over the United State and that is not going to happen voluntarily. Chairman Scurlock believed there is no R/W through the church property for the continuation of 14th St. S.W. Attorney O'Haire confirmed this but believed the church would be happy to dedicate the R/W. Chairman Scurlock felt the concern is that if this R/W is extended just through the church property, then the property abutting that will come in and argue that they .have access and on down the line. Attorney O'Haire agreed this would lead to "leap frogging," but continued to emphasize that the church property is unique in that it is the only one abutting a dedicated R/W. Discussion ensued as to a way to solve the problem of having this area subdivided properly, and the Chairman suggested that perhaps the church should retain Mr. O'Haire to consolidate these properties and get this done properly. MAR 29 1988 27 Ekoor 71. FADE 384 Attorney O'Haire,contended that it would be too difficult to track down everyone involved, but it was noted there are tax records and the mortgagor obviously must have a list of those who are paying for their properties. Chairman Scurlock did not see the County getting into a situation where we say we are now going to legitimize such situations for every fly-by-night developer who created them. He asked if the church is planning to build on this property. Attorney O'Haire advised that they had contracted to sell the property to an individual who went in for a building permit and was told he couldn't get one, and that contract is still outstanding. Discussion continued at length as to any possible alterna- tives, the number of ways this property is in violation of the ordinance, what the Board's latitude is in granting such a waiver, etc., and Chief Planner Boling stressed that what the Board is being asked to waive are the basic provisions of the ordinance itself. The Chairman commented that from what we have heard it seems there are hundreds of owners involved, but looking at the plat we have, it looks like only ten or twelve. Chief Planner Boling explained that the diagram shown actually is just a portion of Vero Beach Suburban Acres. There are probably 80 parcels altogether if the bank has the contracts for all of it, and the bank is the majority land holder. The Chairman felt as such the bank would have a significant interest in moving this forward. Planner Boling agreed, but advised .that staff tried working with them and were unable to get. the addresses of all the people they had contracted with. Commissioner Bowman believed with. the problems of the road system, drainage, plus everything just discussed, it would seem we are just opening a can of worms and she did not see how we can allow this to go any farther than it already has. 28 MAR 2 1988 BOCK 71 PACE 385 County Attorney Vitunac informed the Board that he really did not believe there is a legal right for the Board to grant this waiver. He explained that he had wanted to hear Attorney O'Haire's presentation first to see if he could present some facts that might warrant the variance, but this situation just involves a normal situation where a property owner bought some land and wants to sell it and make some money and he has not lived up to our Code. There isnothing unusual about that, and the County Attorney felt if the county varied this law, we would be in trouble trying to enforce the rest of our Zoning Code. The Chairman determined that no one further wished to be heard and thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commis - Bowman, the Board unanimously denied the request made by Mt. Pleasant Baptist Church for a waiver of all - applicable requirements of Ordinance 83-24. RELEASE RETAINAGE - GOLDEN SANDS PARK ARCHITECTURAL SERVICES The Administrator reviewed the following memo, explaining that the total bill is $3,390.40. Director Davis needs the Board's approval to release the retainage; he is authorized to pay the balance under the contract: MAR 2 9 1988 29 BOOK 71 FA;E 386 TO: Charles Balczun, County Administrator FROM: James W. Davis, P.E. Public Works Director:A i V SUBJECT: Request for Release of 10% Retainage - Golden Sands Park Architectural Services REF. LETTER: Steven E. Krone, MSE, to James Davis dated Mar 17, 1988 DATE: March 21, 1988 DESCRIPTION AND CONDITIONS The design of Golden Sands Park is complete. The project is ready for bid. The Florida DNR has approved the design. Con- struction must be complete by Oct. 1988. At this time, the Architect is requesting release of the $2,338 retainage that staff has withheld from the Consultants $23,380 design fee. RECOMMENDATION AND FUNDING Staff recommends release of the $2,338. Retainage to Mayes, Sudderth, and Etheredge, Inc. Funding to be from the Golden Sands Parks Construction Fund 113-210. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously authorized release of the $2,338 retainage as recommended by staff. AWARD CONTRACT #3 - SOUTH COUNTY R.O. PLANT - (DEGASIFIER) Administrator Balczun reviewed the following: TO: CHARLES P. BALCZUN 6 COUNTY ADMINISTRATOR.. THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY_SERVICES FROM: WILLIAM F. MCCAIN PROJECTS ENGINEER\\ DEPARTMENT OF UTI TY SERVICES DATE: MARCH 17, 1988 SUBJECT: AWARD OF CONTRACT #3 SOUTH COUNTY REVERSE OSMOSIS PLANT IMPROVEMENTS "DEGASIFIER" INDIAN RIVER COUNTY PROJECT #UW8803WC BACKGROUND Five bids were received for the aforementioned contract. The bidders are: 30 EilAR 2 9 1988 BOOK 71 F'.CE 387 a. H -O -H Systems, Inc., Houston, Texas b. Water Restoration, Inc., Boca Raton, Florida . c. Reinforced Plastic Structures, Inc., Salt Lake City, Utah d. Crane Cochrane Environmental Systems, King of Prussia, Pennsylvania e. DeLoach Industries, Inc., Sarasota, Florida ANALYSIS The bids have been analyzed and compared in regard to the following items: a. Price. b. Compliance with performance specifications. c. Compliance with mechanical specifications. d. General compliance with instructions comparisons are noted on the attached spread sheet. H -O -H Systems has the lowest bid price of $102,000.00. The comparisons are given on the attached sheets. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve and authorize the awarding of this contract to the low bidder, H -O -H Systems, Inc., Houston, Texas for a total lump sum contract price of $102.000.00. The Administrator noted that what is particularly important is that our existing degasifier unit has to be replaced, principally because it is an updraft unit. The purpose of this unit is to remove hydrogensulphide from the water, and this is a highly corrosive gas which has effectively corroded the blower and blower motor. Chairman Scurlock believed this also expands our capacity in our plant. ON MOTION by Commissioner Wheeler, SECONDED by Commis- sioner Eggert, the Board unanimously awarded the con- tract for the "Degasifier" to the low bidder, H -O -H Systems, Inc., Houston, Texas, in the amount of $102,000. (CONTRACT. ON FILE IN OFFICE OF CLERK TO THE BOARD - PART III - DEGASIFIER) MAR 2 £ 198B 31 BOOK 71 PnE 388 JAIL PHASE II - ARCHITECT'S REQUEST FOR ADDITIONAL SERVICES Administrator Balczun reviewed the following: TO: THRU: COUNTY ADMINISTRATOR FROM: H. T. "SONNY" DEAN OWNER'S AUTHORIZED •EP•ESENTATIVE SUBJECT: INDIAN RIVER COUNTY JAIL PROJECT - PHASE II ARCHITECT'S REQUEST FOR ADDITIONAL SERVICES BOARD OF COUNTY COMMISSIONERS DATE: MARCH 16, 1988 CHARLES P. BALCZUN At the regular meeting of the Board of County Commissioners on March 1, 1988 the subject request was presented with all available back-up material. After a lengthy discussion the Board instructed this writer as follows: 1. Request the Architect to give a description of what each employee's job encompassed in relation to the additional services as submitted for payment. 2. Ascertain conclusive dates in which request covered and if additional payment would be presented beyond the date of this request. 3. Negotiate with architect the amount of requested payment and any other charges. W. R. Frizzell Architects was contacted and the three areas of concern were addressed with the attached letter of response. To summarize the response and proposal the following information is offered: a. Anexplanation of Additional Service Activities is attached for your perusal. b. The anticipated date of Substantial Completion was April 28, 1987. The actual date of Substantial Completion was January 15, 1988. This is a total of 261 days past the contract date. Estimated accumulated liquidated damages as of March 15, 1988 is approximately $57,500. c. I have discussed all charges for additional services with the Architect to include their total request for Phase I and II of this project and they -agreed to settle for the $20,113.41. This is outlined in the attached response from W. R. Frizzell. Architects. Based on the above information Staff recommends approval to pay the $20,114.41 as final payment for all additional services on Phase I and II of the Indian River County Jail Project. MAR 2 9 1988 32 BOOK 71 F'WE389 ..•.•0".." FRIZZELL ARCHITECTS March 7, 1988 Indian River County 1840 25th Street Vero Beach,Fl. 32960 Attn: Mr. H.T. "Sonny" Dean Re: Indian River County Jail Ph. II Additional Services Authorization Follow-up Dear Sonny: 1878 103 Pursuant to ourtelephone conversation on Tuesday March 1, 1988 we offer the following information as requested. 1.Original Substantial Completion Date: The contract between Indian River County and Schopke Construction was dated May 28, 1986. The contract time was for 305 days from the date of the notice to proceed (10 days from the contract date), or June 7, 1986. The date of Substantial Completion was June 7, 1986 plus 305 days or April 8, 1987. The contract time was extended a total of 20 days for rain and other change order items. This would move the date of Substantial to April 28, 1987. 2. Actual Substantial Completion: The Actual Date of Substantial Completion was January 15, 1988. This is a total of 261 days past the contract date. 3. Owner Architect Agreement: As we outlined in our letters of October 6, 1987, October 21, 1987 and January 7, 1988, our agreement is for the Architect to be reimbursed for services provided in excess of sixty days beyond the the date of Substantial Completion (see sections 1.7.19 and 6.1.3 of the Agreement dated October 6, 1962) . An additional note is that the Indian River County Attorneys Office has reviewed this item and has approved the claim . 4. Current Invoice: You requested additional information and breakdown on the hours and activities of the personnel listed. We have provide this on the attachment at the end of this letter. 5. Additional Billings: ' " .: •t..2 _• ?; You requested additional information on any hours to be invoiced above the $20,114.41 on our invoice #7-1878 dated 1-7-88. We have incurred additional time which is billable to this Additional Service, however we shall waive the. additional $2,145.00 above the invoice amount. • Additionally we shall waive a similar claim for items requiring our time on the Phase I portion of the Jail. This would amount to $8,808.26 for Phase I and $2145.00 for Phase II, or a total of $10,953.26 in Additional Service claims we will not pursue if a quick approval of the current invoice is accomplished. 33. MAR 2 9 1988 BOOK 71 PAGE 390 We feel that the above information fully describes the reasons for the Additional Services claim and that considerable funds have been waived to expedite this item. We have given Indian River County every Professional Service required by our contract and in many instances beyond that which is required. We simply cannot absorb this cost in our fee and must be reimbursed. We respectfully request your favorable consideration of the above request. Sincerely, W. R. Frizzell Architects, Inc. Dalas D. Disney ,/ Director of Architectural Production Commissioner Bird respected the Attorney and staff reviewing this and saying we are obligated to pay it; however, he could not help but question that the architects had to spend over an hour a day on each of these extra days, and he was curious just what is involved as far as the architect is concerned to cause them to run up these kind of charges. Dalas Disney of Frizzell Architects felt that waiving the $10,000 they have agreed to waive indicates that they have greatly in excess of what they have billed for, and as to the hour a day questioned by Commissioner Bird, they have in their office a mountain of paperwork as a result of this contractor being in excess of nine months late with the project. Mr. Disney advised that typically they do not go through this process no matter how late the contract is, but they have had many negotia- tions and interim conversations with this particular contractor, and frankly it is a total lack of cooperation on his part that has led to this many hours. Mr. Disney felt, if anything, that Frizzell Architects has bent over backwards not to come back to the County for additional funds, but they simply cannot absorb this. They are absorbing $10,000 for Phase I and Phase II; they are still working in the county's behalf and still have documents that the contractor owes them; and if he may correct Mr. Balczun, they have not recommended final payment; they have recommended substantial completion. Mr. Disney stressed that MAR 2 ° 1988 34 l400K 71. r. GE 991 final payment has not been made, and the county still has in excess of $190,000 of the contractor's money. Commissioner Bird did not question that Frizzell has worked in the County's behalf and believed the culprit here is the contractor, not the County or the architect, but he hoped we have some ability to recover this $20,000 from the contractor as he would hate to see the County have to swallow the excess charges. Mr. Disney pointed out that the County has $250 a day in liquidated damages that is coming back to them, and those liquidated damages are in excess of $65,000 at this point. Administrator Balczun explained, for purposes of the record, that when he was talking about final payment, he was talking about this issue to the architects. His comments were not addressed to the general contractor or any 'other contractor. Commissioner Eggert asked if this is the architect's final request for payment, and Mr. Disney confirmed that it is. Chairman Scurlock had another question relating to this area. He believed three or four weeks ago, the Board directed staff to look into the possibility of contracting with a firm to handle our capital projects in the future, and he wished to know what the status of that is. The Administrator noted that final arrangements have not been made for Frizzell to make a presentation to the Board with respect to proceeding to the next phase of the jail project. Once the Board authorizes that, his thinking is that the Jail Committee would meet and make a recommendation to the Board. Commissioner Eggert believed the Board was not talking just about the jail project, but the fact that we have libraries, courtrooms, etc. coming up, and she felt we requested that staff look into getting either a person or a company to be a project manager for all such projects. Chairman Scurlock agreed that this was not specific just to the jail since we have 30-40 million dollars worth of capital projects we will be doing in the near future, and he felt what MAR 2 9 1988 35 BOOK 1 . FaU 392 highlights the need to look into our options even more is that Mr. Dean formerly worked on this project, and it then was transferred to the Assistant Administrator who now is resigning. from his position. Commissioner Wheeler believed the Minutes of the March 1st Board meeting clearly reflect that the Board directed staff to look into hiring a professional or firm to provide construction management for all capital projects, not just the jail. Commis- sioner Wheeler felt in all fairness to the architect that if we hadn't allowed Schopke to hire the electronics firm that they hired, we probably wouldn't be in such an uncomfortable position right now with Phase II. They switched horses in the middle of the stream and hired a different electronics firm, and those were the people who were holding the equipment back as blackmail so we would adjust their liquidated damages, which we did. Commis- sioner Wheeler stated that he, for one, would never support using Schopke for anything built in this county in the future. Chairman Scurlock felt the basic problem we keep getting back arises from our process of bidding and accepting the low bid. The very nature of this results in the contractor scanning the specs to find any areas where there could be change orders in the future as this is where they look for their profit, and it becomes very complicated. Patrick Carroll, President of Frizzell Architects, agreed and informed the Board that they actually have textbooks out now for contractors telling them how to achieve change orders, and the architects have literature to help them try to counteract this. Mr. Carroll wished to clarify a point; he believed technically Frizzell is under contract on Phase 111 of the Jail; they are simply waiting for final resolution of a substitute contract. Chairman Scurlock asked County Attorney Vitunac if the county has any ability to proceed differently on capital projects than we have traditionally; i.e., is there an ability, for 36 MAR 2 9 1988 BOOK 71 ME 393 example,to pre -qualify general contractors whom we wish to deal with or the ability do a cost-plus contract. County Attorney Vitunac advised that the Board has a wide range of alternatives and can pre -qualify, not bid on some items, negotiate, etc; all that is required is that we protect the public purse. He informed the Board that when he was working for the City of Vero Beach, they got rid of low bid and said that was one of 12 factors to look at and that if reputation and quality were also an issue, they would pay a little more to get a better contractor. The City did this by ordinance, and all this is in Title 1 when the County is ready to get into it. Commissioner Wheeler recommended that we look at the City ordinance. Chairman Scurlock noted that we need to get a Motion on this particular subject re payment to Frizzell first, but he believed the Commission has indicated a desire for the Administrator, with the Attorney, to pursue our alternatives in an ordinance form to be brought back to the Commission at an appropriate time. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the payment of $20,114.41 to Frizzell Architects as final payment for all additional services on Phase 1 and II of the County Jail Project as recommended by staff. 37 PUR 2 9 1988 BOOK 71 FACE394 4. PROFESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION • AIA DOCUMENT G604 (instructions on reverse side) In accordance with the written Agreement dated as of between the parties designated below for THE PROJECT: INDIAN RIVER COUNTY JAIL, PHASE II The Owner hereby authorizes the October 6, 1982 W. R. Frizzell Architect to: In Proceed with Additional Services ❑ Proceed with revised scope of services ❑ Incur Reimbursable Expenses 0 as follows: Additional services in accordance with Paragraph 1.7.19 of our Agreement due to contractor delay. Compensation shall be adjusted as follows: (Here insert provisions in accordance with the Agreement, or as otherwise agreed by the parties.) Compensation for additional services shall be in accordance with Paragraph 14.4.1 of the Agreement. Time for performance shall be adjusted as follows: (Here insert provisions covering time of commencement and completion of authorized services as applicable.) $20,114.41* *This sten represents final payment to Architect for all work on this contract Upon return of a fully executed authorization, this service shall become a part of the Agreement identified above. APPROVED BY: NAME BY TITLE DATE APPROVED BY: NAMEBoard of County Commissioners BY Chairman TITLE DATE March 29, 1988 AIA DOCUMENT G604 • PROFESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION • MARCH 1979 EDITION • AIA® 01979 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 6604-1979 MAR 2 0 1988 38 BOOK 7 PGE 395 • �--or—ether--spec-iai- ;tudies. stFlaE4e -cot' * * 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owners own forces. 1.7.3 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not .solely within the control of the Architect. 1.7.14 nsTawven- . sery ices required in connection with construction performed ▪ by the Owner. 1.7.13 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing services as may be required In connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. * 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. * 1.7.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. ' 1.7.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding **1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. **1.7.22 Providing any other services not otherwise In- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.2 If the Owner provides a budget for the Project it Shall include contingencies for bidding, changes in the. Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1,2, The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. AIA DOCUMENT 1141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AI/ • (01'177 THE AMERICAN INSTITUTE OF ARCHITECTS, `7r, NEW YORK AVENUE, NW., WAST•"'':TON, D.C. 20006 * Except as provided in Article 15.12 MAR 2 91988 39 salMOINe 8141.1977 5 BOOR 71 FAE 396 "FLAG" GOLF PROGRAM AGREEMENT Administrator Balczun advised that Golf Director Komarinetz has submitted the contract for the "Flag" Program which was approved during the March 15th Commission Meeting and requests that it be executed. Fort Lauderdale Area Golf, Inc. (FLAG) essentially is a marketing organization that seeks to promote play at golf courses associated with this program. Commissioner Bird explained that what this boils down to is that anyone can purchase a "Flag" card for about $45 and then there are a number of golf courses that are members of the "Flag" system where they can play by paying a reduced rate. We have a very reasonable rate for the summer for county residents, and he believed the "Flag" card would attract golfers from other counties in the area. MAR 2 0 1988 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved with' agreement with Fort Lauderdale Area Golf, Inc., (FLAG) and authorized the signature of the Chairman. 40 BOOK 71 FADE 397 AGREEMENT THIS AGREEMENT is made this 29th day of March , 1988 by and between FORT LAUDERDALE AREA•GOLF, INC., A Florida Corporation, "FLAG", ' BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as FLAG , and INDIAN RIVER COUNTY, FLORIDA hereinafter referred to as "LICENSEE." In consideration of the promises and the mutual covenants hereinafter set forth, it is hereby. agreed by and between FLAG and Licensee as follows: 1. FLAG MEMBERSHIPS FLAG agrees to promote the sale of memberships to individuals in the South Florida area and shall be authorized to collect such fees as are established by the Board of Directors of FLAG. All revenues for FLAG memberships sold shall be remitted to FLAG. II. PRIVILEGES OF FLAG MEMBERS A. The sale of a membership shall entitle the individual holding said membership to the following rights and privileges: 1. Each individual shall be entitled to,play golf for $10.00 plus sale s tax on the Licensee's course satz x �fCx cx$ WFxi xduring the period May 1 through November 15 of the calendar year. 2. Each FLAG member is permitted to make starting times 24 hours in advance of the day for which play is desired; although the Licensee may, at its descretion, grant starting times prior to this period. . 3. Starting times may be made for any available time during regular course hours Monday through Friday. Starting times for Saturdays, Sundays and Holidays may only be made for after 12:00 Noon. Holidays, for the purpose of this agreement, are defined as Memorial Day, fourth of July and Labor Day. 4. FLAG members will be provided food, beverages and -pro shop facilities on the same terms and conditions as said facilities are made available by Licensee to golfers not covered by this Agreement, except that FLAG members shall not have charge (credit) privileges. 1R 2 9 1988 -1- 41 BOOK 71 FAGE 398 brS III. OBLIGATIONS OF FLAG MEMBERS A. Power Driven Carts used by FLAG Members will not exceed the rate charged Licensee's Non -Members. .. 1. The Trail Fee (walkers) for FLAG umbers will be a minimum of $2.00 less than the fee for Non -Members. B. FLAG Memberships are non-transferrable and additional identification may be required at the time of registration. C. FLAG Members are subject to all Rules, Regulations and PoliciEs of the participating courses, including but not limited to: general comportment, observance of golf etiquette, hours of operation and dress standards. IV. PRIVILEGES AND OBLIGATIONS OF LICENSEE A. This Agreement shall in no way restrict the Licensee in the contracting for and/or conducting such tournaments, outings or similar functions which would render starting times unavailable to FIAG..Members during the period of such functions. B. Licensee shall not enter into agreements with any other organizations that are in competition with FLAG. V. PRIVILAGES AND OBLIGATIONS OF FLAG A. FLAG may from time to time issue merchandise certificates which are redeemable at any participating FLAG Golf Course. Licensee agrees to honor such certificates, and FLAG agrees to make prompt reimbursement for all such certificates presented by the Licensee. B. FLAG reserves its legally established right to refuse membership to any individual. BOOORBEEMEMASOC i �`�`i` • 3`v`�>>'�� ��:' . s 3'i'1 ► 4414 i 4'414, ii'• 4.-.•;• ♦ iso ♦ '•;N.: • i • ♦ • • • i` ♦ • •*At+f1.ft,�f,r. �t1f�t�3;t1•.•,t•S?!,t,t/.t•C?....;,4 (•„cs ;�..}{:,ff! ..!vy^.f.'•.►,40 • . ):)flif. t..if)[•O:#$Amoc &)$,.i'--:IeI:I41`'1,( .4ti..lft'.'l t4,,,"•..li:.7:/ .•..►"..i..�'..;.,J., a,lA:>fY:1<I;y•J 1.11"ft..f'.T:S.,;,Ef;i.►f,1 T_1t.w'(..h.r[:P.f.►�),v!p1:.�,N�t.(cfc•: C;':.f.;�,r,.'ld.w:r•� ,-...•. IlliMIEMENCIMMICAUX 42 MAR 29 1988 BOOK 71 PACE 399 VII. TERMINATION The term of this Agreement shall be from the 1st day of May, 1988 to the 15th day of November, 1988. This Agreement may not be cancelled except by written mutual consent of both parties to the Agreement. VIII. ENTIRE AGREEKE1T The terms set forth herein constitute the entire Agreement between FLAG and the LICENSEE and no prior or present agreements or representations 1 shall be binding upon either of the parties hereto unless incorporated in this Agreement. No modification or change in this Agreement shall be valid or binding upon either FLAG or the Licensee unless said modification or change is in writing and executed by both FLAG and the Licensee with the same formalities as this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSES: FORT LAUDERDALE AREA GOLF, INC. ("FLAG") WITNESSES: (as to Licensee) INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY CO MISSIONERS BY: CJ �j (SEAL) (Licensee Don C. Scurlock, Jr. BY: (SEAL) FredaT+�right , C TEMPORARY EMPLOYEE FOR PURCHASING DIVISION Administrator Balczun reviewed the following memo from Personnel Director Blankenship emphasizing that currently the number of purchase orders being processed by the Purchasing Department in a single year exceeds 10,000: MAR 29 1988 43 BOOK 71 FaGE 400 TO : CHARLES P. BALCZUN : COUNTY ADMINISTRATOR SUBJECT : TEMPORARY EMPLOYEE FOR PURCHASING DATE : MARCH 21, 1988 Purchasing Manager Gus Ambler requests authorization for the Purchasing Division hire a temporary clerical staff person for the remainder of the 1987-88 fiscal year. Assistant County Administrator Perry Mattes endorses the proposal. Since August 28, 1987, the Purchasing Division has experienced a 66% staff turnover. On that date Purchasing Manager Carolyn Goodrich resigned. Three weeks later Purchasing Specialist Robert Wood resigned. Ms. Goodrich indicated that her reason for so doing was personal in nature. Mr. Wood told us that he had accepted another position. In his exit interview, Mr. Wood cited the need for both better pay and additional staffing. We were able to fill Mr. Wood's position immediately with the transfer of Duane Swan from Building and Grounds to Purchasing. However, it was not until January 11, 1988 that Mr. Ambler assumed his duties. During the interim, the fundamentals of the job were performed first by Budget Officer Joe Baird and then by Mr. Mattes. Mr. Ambler faces the task of upgrading a system which is cumbersome at best. It is one which requires a great deal of redundancy in its approach to buying and paying for requested materials and equipment. It is apparent that he is proceeding apace. However, he must continue to deal with the excessive paperwork of the current system while working to implement a new. system. The workload is excessive for the current staff for the short term. When the reorganization plan becomes fully effective, there should not be a need for staff to perform the clerical duties that are currently necessary to satisfactorily perform the. job. I recommended that we petition the Board of County Commissioners to allow the hiring of a temporary Clerk for the Purchasing Division. This maximum authorization period wouldbe for up to six months. It would not last later than September 30, 1988. There are two ways to address the problem. First, we can advertise the position as a temporary one at 37.5 hours a week. This would require us to pay, in addition to wages of $4.99 per hour, social security (FICA) taxes of 7.51% of salary, worker's compensation, and Florida State Retirement at 13.38% (Retirement must be funded if the length of employment is over four months.) Assuming a regular work week, the position would cost about $227 per week ($187.13 salary, $14.05 FICA, $25.04 retirement, and $.52 worker's compensation). Not factored into the cost is any future liability we might incur because of a claim for benefits under unemployment insurance. The recommended way to fill this need is by using an agency temporary employee. Using this method, we pay the temporary agency a fee for providing us with their employee. That fee typically runs between $7.00 and $7.50 per hour, depending on the individual supplied by the agency. This equates to between $262.50 and $281.25 per week. We do not have to go through a sometimes lengthy selection process; someone is available within a day or two. Also, should the person selected not work out, we 44 Ihh__MAR 2 e 1988 BOOK 71 PAGE 401 have the availability of replacing without again going through the process. What we gain, in addition to reducing our financial exposure, is timeliness. In summary, we request that the Personnel Division be authorized to create a temporary position for a Clerk in the Purchasing Division, and that the position can be filled by an agency temporary employee. Funding is available in the current budget due to salary savings created by the delayed hiring of Mr. Ambler and the transfer of Mr. Swan at a lesser rate. Supporting documentation from Messrs. Mattes and Ambler is attache•. m. A. :lankenship, J Direc or of Personnel Chairman Scurlock commented that if you multiply out the numbers, you are talking about $600,000 worth of activity in the year, and he still, as in the past, questions the need for the whole Purchasing Department. We went to a centralized purchasing department to save money, but he is not sure that the benefit received justifies the cost of the department. Purchasing Manager Ambler noted that this morning the Board approved award of Bid #391R. The engineering estimate was $47,000, and he got that job for $23,000, which almost saved his salary right there. Chairman Scurlock did not buy that. He believed the engineering estimates by their very nature are inflated, and if you look through the entire process, you will see that we almost always come in well under budget. Purchasing Manager Ambler further pointed .out that this is a re -bid. Last time it was $40,000 and he got it for $23,000 which still is a savings. Commissioner Eggert agreed it is wonderful to save time and work within a department, but when you talk about establishing term contracts where departments are able to order supplies directly from vendors on an "as need" basis, past history makes her fear this a little bit in conjunction with the tightness we have in watching over the budget. 45 LIAR 2 9 1988 BOOK 71 PACE 402 Administrator Balczun advised that one of the things that has been put in place and that they hope to expand is a process to take care of those items that are repetitiously purchased during the year. Historically a department would go through all the paperwork to reprocess those purchases each time they were made during the year. A term contract more or less relates to creating the paperwork and processing it one time by setting up the sequencing mechanism within the initial purchase order, and it thus reduces the amount of the paperwork. In example, if we have a contract for 12,000 units of something we customarily consume at the rate of 1,000 units a month, we can set up an initial purchase order for the 12,000 units and theoretically schedule 1,000 units a month depending on demand as opposed to going through this purchasing cycle of 1,000 units every month. Commissioner Eggert stated that to her 1,000 units a month preplanned is not the same as "departments will be able to order supplies directly from the vendors on an 'as need' basis." Purchasing Manager Ambler commented that Item 10 on today's agenda is a term contract for utility chemicals, such as chlorine. In the past they issued about 60 purchase orders a year for these chemicals, and he will issue about 7 in the coming year, which is a dramatic reduction. Chairman Scurlock believed that you can actually bid the catalog for something like office supplies, for instance, and he wished to know why we have to have another employee when they are streamlining the process and cutting back on the paperwork. Purchasing Manager Ambler noted that they haven't felt the full effect of these reductions yet. This is the first term contract; they are piled up with paperwork; and have to get it down to a level they can manage. Chairman Scurlock asked what has happened since OMB Director Baird handled this function in the past. 46 L!i_dAR 2 9 1988 BOOK 71 PAGE 403 Purchasing Manager Ambler stated that as he understood it, Mr. Baird worked seven days a week, and the Chairman noted that is why he is so well thought of. Manager Ambler further pointed out that Purchasing is working hard to provide services throughout the entire county. They are offering their services to departments that have not used them in the past and are assuming more workloads. He emphasized that they are only asking for a temporary person, not a permanent position, so that his plan can take its full effect and in six months hopefully they can reduce the purchase orders dramatically so they can handle it with the staff they have now. Commissioner Bird stated that he was inclined to go along with Mr. Ambler's recommendation on the condition that it is temporary and that it will not go past September 30, 1988. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously authorized Personnel to create a temporary position for a Clerk in the Purchasing Department, the position not to be authorized beyond September 30, 1988. RESIGNATION OF ASSISTANT COUNTY ADMINISTRATOR The Board reviewed letter written by Perry Mattes to Admin- istrator Balczun resigning his position as Assistant County Administrator. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Eggert, the Board unanimously accepted the resignation of Perry Mattes from the position of Assistant County Administrator. 47 MAR 2 9 MSM BOOK 71 DGE 404 March 29, 1988 Mr. Charles P. Balczun County Administrator Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Charlie: I hereby resign my position as Assistant County Administrator effective forty-five (45) days from this date. I will be available to assure the orderly transition of ongoing projects, and for any special projects. This is contingent upon your acceptance and the approval of the Board of County Commissioners. Sincerely, Perry J. Mattes APPROVED: ,44-46/ Board of Co my Commisrs AGREEMENT FOR FINANCIAL ADVISORY SERVICES - FISHKIND & ASSOC. Administrator Balczun reviewed the following: TO Board of County CommissionerOATE:March 23, 1988 FILE: SUBJECT: PROPOSED AGREEMENT FOR FINANCIAL ADVISORY SERVICES - FISHKIND & ASSOCIATES Charles P. Balczun FROM: County Administrator REFERENCES: BACKGROUND Last .year the Board of County Commissioners entered into an agreement with M. G. Lewis & Co. for financial advisory services. That firm no longer exists. It is necessary that we obtain services from another firm. MAR 2 9 195 48 BOOK 71 PAGE 405 ANALYSIS It was the County's intent that actual services be provided by Mr. Arthur Diamond and Henry Fishkind, Ph. D. In fact, the County reserved "the right, solely at its discretion, to terminate this Agreement at any time in the event Arthur H. Diamond and/or Henry Fishkind are no longer associated with or employed by M. G. Lewis". Dr. Fishkind has now incorporated and Mr. Diamond is associated with that firm. The proposed agreement is identical to that which we entered into with M. G. Lewis except for an insignificant transposition of two paragraphs and the addition of a sentence declaring null and void "any prior agreements between the parties hereto". RECOMMENDATION We have been well served by Messrs. Diamond and Fishkind and it is recommended that the Board of County Commissioners authorize the Chairman to execute an agreement between Indian River County and Fishkind and Associates. Chairman Scurlock, speaking as Chairman of the Finance Advisory Committee, confirmed that Mr. Diamond has done an outstanding job for the county, and we are very happy with him. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Bowman, the Board unanimously approved the Financial Advisor Consulting Agreement with Fishkind & Associates, Inc. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. FIND GRANT - PELICAN ISLAND AUDUBON SOCIETY (ENVIRONMENTAL LEARNING CENTER) The Board reviewed memo from Assistant County Attorney Brennan: LI 9 L MAR 2 S 1988 BOOK 71 PAGE 406 TO: Board of County Commissioners DATE: March 24, 1988 SUBJECT: FIND Grant for Pelican Island Audobon Society Environmental Learning Center FROM: Sti ron Phillips Brennan Assistant County Attorney On February 16, 1988, the Board passed a resolution in support of a FIND (Florida Inland Navigation District) grant application by the Pelican Island Audobon Society (PIAS) for funds to be used for docks, boats, boathouse, boardwalks and other improvements to the PIAS Environmental Learning Center. The Center is to be located on County -owned property which is leased to PIAS and will primarily benefit the residents of Indian River County. In Tight of the grant application guidelines, the administrators of the FIND grant program have requested that the grant application be resubmitted with the following changes: 1. The County should sign the Project Agreement (rather than PIAS). 2. The County should appoint a County staff member as the project liaison. 3. The County should provide assurance that the matching funds requirement will be met. (On the initial application PIAS is responsible for the matching funds. FIND wants the County to provide assurances since the grants may be issued only to a local governmental agency.) 4. The County should monitor the project. Because the FIND Board has scheduled this project for presentation on May 12, it is important for County Staff to receive direction from the Board of County Commissioners concerning a reapplication for FIND grant funds. ON MOTION by Commissioner Bowman, SECONDED by Com-= missioner Eggert, the Board unanimously approved reapplication for FIND grant funds as described above. 50 LIAR 2 9 19 BOOK 71 PAGE 407 RECONSIDERATION OF MAIN LIBRARY SITE Commissioner Eggert informed the Board that our selection of the Old Jail site for the main library has met with mixed reviews; some are very happy and feel it is the best possible site; some feel wherever we put the library they will get to it; but it seems the vast majority of the people who use the library most of the time are very unhappy with our selection. She, therefore, believed it does deserve a review. Commissioner Eggert noted that her first choice when we made our original vote, and the first choice of the Public Library Advisory Committee, was the Grace Lutheran site. Commissioner Eggert then went over the figures set out in the following scenarios and advised that Tallahassee has recommended that we use a $75/square foot minimum construction cost rather than the bare bones $70/square foot we have used as that is what it will be in the 1989 figures. MAR 2 9 19 51 &GU 71 PAGE 408 Main Library COST OF EACH LIBRARY - UPDATED MARCH 28, 1988 SCENARIO ONE Grace Lutheran (39,415*) N. Cty. Library (15,000*) SCENARIO TWO Grace Lutheran (35,000*) North Cty. Library (15,000*) Land $710,000 $710,000 Additional Costs $50,000 (1) $50,000 Additional Costs $82,000 (3) $82,000 Impact Fees -Offsite Work $138,000 (5) $138,000 (5) Construction of Library -$70 Sq. Ft. $2,759,050 $2 Furnishings -$10 Sq. Ft. $300,000 $300,000 $300,000 Sub -Total Contingency $4,039,050 $270,000 $3,730,000 $255,000 SCENARIO THREE Old Jail Site (35,000*) North Cty. Library (15,000*) $350,000 (2) $100,000 (4) $0 $60,800 $2,450,000 $300,000 $3,260,800 $255,000 T OTAL $4,309,050 $3,985,000 $3,515,800 North County Library Land Land Improvements Impact Fees Construction of Library Furnishings Sub -'Total Contingency T 0 T AL *Square Feet $81,600 $16,000 $83,000 $1,050,000 $100,000 $1,330,600 $66,300 $1,396,900 881,600 $16,000 $83,000 $1,050,000 $100,000 $81,600 $16,000 $83,000 $1,050,000 $100,000 $1,330,600 $1,330,600 $66,300 $66,300 $1,396,900 =========== NOTE: (1) Lease (2) Land/Demolition (3) Minimum Demolition (4) Extra Landscaping/Acoustics (5) Some Impact Fee credit will be given.. Off-site work includes some work on lease parking area. 81,396,900 1 Ott"" TL N006 Bond Issue Issuance Cost Sub -Total Computer System Sub -Total Consultant (Waters) Sub -Total Main Library - $70 Sq. Ft. Sub -Total North County - $70.Sq. Ft. Surplus (Deficit) Better but Basic Construction $75.00 Sq. Ft. Surplus (Deficit) LIBRARY PROJECT COST SCENARIO ONE • Grace Lutheran (39,415*) North Cty. Library (15,000*) $5,900,000 ($250,000) . $5,650,000 ($300,000) $5,350,000 ($38,000) ' $5,312,000 ($4,309,050) $1,002,950 ($1,396,900) ($393,950) ($272,075) ($666,025) ESTIMATE - UPDATED MARCH 28, 1988 SCENARIO TWO SCENARIO THREE Grace Lutheran (35,000*) Old Jail Site (35,000*) North Cty. Library (15,000*) North Cty. Library (15,000*) $5,900,000 ($250,000) $5,650,000 ($300,000) $5,350,000 ($38,000) $5,312,000 ($3,985,000) $1,327,000 ($1,396,900) ($69,900) • ($250,000) ($319,900) *Square Feet NOTE: A figure of $70/square foot was used as a construction cost. This includes architectural fees, site work, building construction, irrigation and landscaping. Most libraries are built in the $70 to $120 range, so this is bare bones. $5,900,000 ($250,000) $5,650,000 ($300,000) $5,350,000 ($38,000) $5,312,000 ($3,515,800) • $1,796,200 ($1,396,900) $399,300 ($250,000) $149,300 1 Commissioner Eggert continued that while the Old Jail site was the logical solution for staying within the 5.9 million dollar bond, she had a lot of time to think white she was home ill during the last" week, and she has gone back to her original feeling that the Grace Lutheran site is the site that will do the most for the community. It is centrally Located for a main library and has fairly easy access for everyone, and in conjunction with the Courthouse complex, it is a good start on downtown redevelopment. Many of the people who were very unhappy about the Jail site also seem to feel that the Grace Lutheran site was the right site. We do still have stores there, but we probably could build there and let them stand until 1991 when the large store's option will run out. Commissioner Eggert then addressed her belief that we need to build a two-story library on that site, explaining that in order to get the 28,000 assignable sq. ft. that you can get in a 35,000 sq. ft. one-story library, you need to build a 39,415 sq. ft. two-story library. She explained that a 35,000 sq. ft. two- story library would only result in 22,000 assignable sq. ft. because of the elevator, the stairs and duplication of bathroom, and 22,000 sq. ft. is really not quite enough when you consider that this building is going to be used for at least 30 years as a main Library and if it is on the Grace Lutheran site there will be no ability to expand. Commissioner Eggert then reviewed the figures set out in Scenario t, advising that if we heeded the advice of Tallahassee and our consultant and built at the 1989 figure of $75 per sq ft. we have added another $272,075 to the project. This Scenario would result in a deficit of $666,000, or a budget that really is $6,566,000. Commissioner Eggert pointed out that the original recommen- dation by Cecil Beach was for 3 libraries at a budget of 8.2 million, but it was felt that was too much for the community to bear, and it was suggested it be reduced to under 6 million. She 54 MAR 2 1988 BOOK 71 PAGE 411 then called attention to the cost of $1,369,900 for the North County library and explained that the way they reduced this bond was by eliminating one of the branch libraries. She suggested that even if we decided this branch had more expensive land in North County and we wanted it to be built at the $75 per sq. ft., that $1,600,000 would probably be sufficient to remove one branch library. If that were true and it was budgeted to this finite degree, subtracting 1.6 million from 8.2 million, the library bond really should have been 6.6 million and the budget that she sees for building what she really feels the community should have would be $6,566,000. The newspapers have said the city of Vero Beach might be willing to give us the current library building to sell, and this would certainty help defray some of the cost of this. Commissioner Eggert informed those present that Attorney Vitunac, Finance Committee Chairman Scurlock, and Budget Officer Baird, have suggested another way to handle this situation, which would be to put into the 88/89 budget general fund the same millage that was paid this year for the Beach Bonds; to issue the bonds in 1989; and begin in the 89/90 budget the millage to defray the debt on this. This would give us enough money on the budget to cover the $666,000 deficit, to allow us to have the funds to move from the old library to the new library and begin operation, to purchase the generator we need to keep the elevator running and the climate controlled, and perhaps even give us a little cushion to work towards the South County branch. Commissioner Eggert continued that actually both she and the Library Committee first wanted the Grace Lutheran site, and what she has just described is actually her dream for the library. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, to approve a 39,415 sq. ft. library being built on the Grace Lutheran site, with the two libraries being built at $75/per sq. ft., with the hope 55 LIAR 2S 1988 BOOK /1 PAGE 4J2 that the City of Vero Beach will contribute the current library building and that we get the rest of the funds in the manner described with the millage. Commissioner Bird assumed that any contract we enter into for the purchase of any site would be subject to site plan approval and obtaining all the necessary permits, and this was confirmed by Commissioner Eggert. Chairman Scurlock asked if the Motion is contingent on the City of Vero Beach making a contribution of the old library site to us. Commissioner Bird stated that he would include that contingency in his second, and Commissioner Eggert agreed to make the Motion contingent on that also. Commissioner Bird noted that from the very beginning -he has relied on people who have a lot more expertise on this subject than he has, and he has heard very loud and clear that those people who are most actively supporting this library strongly favor the Grace Lutheran site. Commissioner Bird stated that he agreed with their thoughts and recommendations, and if we can work out the contingencies, he would have no problem supporting that site. Chairman Scurlock commented that Vero Beach never ceases to amaze him. It is sort of like soup - you keep on adding ingredients and stirring the pot, and until the soup is ready, it is never ready. He felt the willingness of the Commission to have the kind of open forum we have and the ability to get an issue on an agenda for discussion, even if it is not a popular one, is really what has made Vero Beach the special community it is. Chairman Scurlock noted that he has been a supporter of the Grace Lutheran Church from the first, and only when it seemed financially impossible to build the number of square feet we 56 NAR 2 9 198E BOOK 71 FACE 413 need, did he agree tothesecond alternative. He stressed that he does feel extremely strongly about what we can do for our community. He has gone over the cash flow analysis with our Budget Officer using 1/2 mill which is what we used to support the Beach Bond issue. Our tax base is growing 5% to 7% a year. Last year it generated the half mill, or approximately 1.776 million; next year that will be about 1.87 million; and over the five year period it will generate about 10 million to pay not only for the debt service and principal on the issue, but give us some additional monies. The Chairman felt if something is worth doing, it obviously is worth doing right; he felt this is a really tremendous opportunity and that the "soup" is about ready. Commissioner Bowman agreed that we should do it right and build for the future; however, we built two jails, both of them undersized; we have a County Administration building which is. undersized; and now she feared we are going to do the same thing all over again as she did not believe the Grace Lutheran site offers enough space for a main library that would be adequate for the next 30 years. She also questioned where there is room to park. Commissioner Eggert noted that we have leases at the First Baptist Church and all around for parking area, and there will be a number of parking places on site. Chairman Scurlock felt what people are failing to realize is that traditionally in the downtown area there has been a need for parking, and consequently we have taken buildings down and put in parking and kept on doing that to the point where we have few buildings and a lot of parking. He felt the concept we are looking at with the criminal justice complex and new court facilities is to have a common campus .that will blend together, and possibly share elevated parking at some point in time. Commissioner Eggert further pointed out that the plan, as with the North County Community Library, is to expand with branches, and she felt confident this site would give a good 57 MAR 2 1988 BOOK 71 r 414 amount of space for a: main referencetype library with the needs of the particular areas being met through the branch system. Commissioner Bowman noted that it is being said the people. who use the library now are opposed to any other site and that their choice is the Grace Lutheran site, but she believed only a very small segment of the county population is using the library now because it is totally inadequate. Commissioner Wheeler commented that the only concern in his mind is the problem with the leases and the site plan, but he will support the Grace Lutheran site as he supported it the first time around. He also would like to commend the City of Vero Beach for showing their interest in promoting this and hopefully they will contribute the old library to defray part of the cost. Vero Beach Mayor Ken Macht came before the Board and stated that while he is speaking for himself only, and he will have to put this before the City Council, he felt fairly confident they will make the offer. Mayor Macht did hope that this signals a real positive consensus and that it is the beginning of the strengthening of future cooperation between city and county. He commended Commissioner Eggert for all her efforts and hard work for the library system. William Koolage, 815 26th Avenue, was not happy with the decision the Board apparently is about to make. He noted that he found fault with library consultant's report when it was made, and remembered when former Commissioner Pat Lyons was Chairman, it was intended that we were going to replace the Beach Bonds with the Library Bonds. He was disturbed by theidea of the off-site parking and felt to lease parking is an 'lliffy" situation. Mr. Koolage believed the only solution for downtown parking is a 3 -story garage and was not sure the City will want that. He also felt strongly that the redevelopment of downtown Vero Beach is a problem for the city and should not have to be subsidized by county residents. 58 MAR 2 9 1988 BOOK 71 PAGE 415 Mr. Koolage also expressed concern about all the on-going bond issues the county has and wondered how many we are going to have because we are going to have to pay for them out of the millage. Chairman Scurlock noted that statement was not correct because most of the bond issues we have are revenue supported. He agreed this particular bond issue is not to be revenue supported, but pointed out that the majority of the people in the county voted in support of a 5.9 million bond issue to build a library and the current proposal before us is to tax for this out of discretionary millage which was proposed at a similar rate as the Beach Bond issue. Mr. Koolage believed that it now is going up to $6,600,000, but Commissioner Eggert explained that the bond issue will continue to be 5.9 million, and the County will simply add a one-year millage. We are going to delay issuing the bonds a year and collect the millage at the same level as the Beach Bonds in the 1987/89 budget. Mr. Koolage continued to express his objections to the Grace Lutheran site, his belief that the Jail site is the one that made sense, and his opposition to the county, in effect, trying to subsidize the City of Vero Beach in their redevelopment of the downtown area. Commissioner Wheeler did not think all Mr. Koolage's points are completely baseless, but he did feel the City of Vero Beach is the hub of what is going on in the county and it is the county seat. As far as subsidizing the City is concerned, he believed what you must look at is what is good for the whore county, and he also noted that the City for years has subsidized the county in the areas of beaches, parks, etc. Commissioner Bowman continued to express her conviction that the Jail site is the better site for the library because it is big enough to allow ample room for expansion and it also is well situated . 59 LIAR 2 9 1988 BOOL( 71 P E 41.6 . THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commissioner Bowman voting in opposition. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:30 o'clock A.M. ATTEST: MAR 2 9 1988 Clerk Chairman 60 BOOK 71 FAGS 417