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3/7/1989
Tuesday, March 7, 1989 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 7, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; and Margaret C. Bowman. Absent was Don C. Scurlock, Jr., who was out of state on County business. Also present were James E. Chandler, County Administrator; Sharon P. Brennan, Assistant Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Pastor Jerry Sweat, Asbury United Methodist Church, gave the invocation, and Chairman Wheeler led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler advised that Administrator Chandler wished to add the following items to today's agenda: 1) Roof Replacement & Repairs as Item 9C (2). 2) One day use of Siver Insurance Management Consultants as Item 8 B. Chairman Wheeler informed the Board that Mayor Macht is here to make a request for a joint meeting, and he would like to add Mayor Macht to the Agenda prior to the Consent Agenda. Commissioner Eggert wished to add an Emergency Services Coordinating Committee (ESCC) report under her matters. MAR 71999 BOOK. 30 r MAR ? 1989 BOOK YI fACE 301 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, Commissioner Scurlock being absent, the Board unanimously (4-0) added the above described items to the Agenda. REQUEST FOR JOINT CITY/COUNTY MEETING Ken Macht, Mayor of the City of Vero Beach, advised the Commission that the City has been discussing what is confronting them in the area of utilities, and it was generally felt that we should have a one agenda item Special City/County Meeting so we can understand each other and the public can understand where we are heading in the next few years, and possibly at the same time we can settle some territories and boundaries. He suggested the dates of Wednesday, March 29th, or Thursday, March 30th, the meeting to be held at City Hall. Commissioner Eggert inquired about the scope of what we would be talking about in utilities, and Mayor Macht felt most importantly, it would be sewer and water, which, of course, would lead into solid waste and resource recovery, though he believed we can only get into concepts in a one day meeting. At the very least, he felt we need to produce a boundary map. Chairman Wheeler thought we had squared off some districts, and Mayor Macht believed so but did not feel it ended up in a definitive map. After some discussion, Thursday, March 30th, at 9:00 A.M. was tentatively settled on for a joint meeting. CONSENT AGENDA Commissioner Bowman wished to remove Item D for discussion. 2 A. Minutes of Regular Meeting of 2/14/89 The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of February 14, 1989. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, Commissioner Scurlock being absent, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of February 14, 1989, as written. B. Minutes of Special Meeting of 2/16/89 The Chairman asked if there were any additions or correc- tions to the Minutes of the Special Meeting of February 16, 1989. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, Commissioner Scurlock being absent, the Board unanimously (4-0) approved the Minutes of the Special Meeting of February 16, 1989, as written. C. Reports The following was received and placed on file in the Office of Clerk to the Board: Fiscal Year Audit, 1987-88 for Fellsmere Water Control District D. Sheriff's Request to Purchase Equipment from Forfeiture Fund The Board reviewed memo from Sheriff Dobeck and attached list: 3 MAR 1989 BOOK 76 PAGE 302 r MAR 7 1989 P. 0. BOX 608 PHONE 569-6700 March 1, 1989 BOOK 1)wcE:.. R.T."T1M' DOB EC K • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO BEACH, FLORIDA 32961-0008 Gary Wheeler, Chairman of County Commissio Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Mr. Enclosed please find he information you and I spoke of with regard to the purchase of the equipment from the Forfeiture Trust Fund. Since we spoke, it has been neceesary to add some additional items I was not aware of on our first conversation. If necessary,. please contact me. Sincerely, R. fi. "Tim" Dobeck, Sheriff Indian River County 1. VHF High Band Receiver, Model - Unitel 210, Catalog 094565, without transmitter $ 3,425.00 Channel 1, is supplied with the kit and is scrambled Channel 2, is not supplied with the kit and would mean adding the crystal to the unit $70.00 2. Six (6) Uniden CP 1200 portables for survelllance purposes. Portable so they can be taken out of the county vehicles and put into rental vehicles. St. Lucie, Martin, Palm Beach and Broward counties use them. It is a must for this and future operations with other agencies. We do not have a common channel, in the radios, to work with. Radio channels can be scanned too easily where the portables work off 100 different channels, making it virtually. impossible to scan. The Cost Per Unit Is: State Contract Prices Portables installed 4730 each 6 are needed for a total of $4,380.00 Connect Fee per portable (one time charge) $40 each for 6 connections $240.00 Total (One time expenditure) $5,556.00 3. Powershred 120 (high -security) Cross -cut Shredder w/carton of $830.45 • waste bags 4. One Sanyo CCD Video Camera, Model /VDC 3800 infra red sensitive. Vendor, Jiffy Photo. Cost: $748 Add $519 for Pin Hole Lens. Add $264 for wide angle lens. Sanyo TLC 1400 DC Recorder, Time Lapse, $2,425.00. Total Cost of $31956.00 5. Fivestar 286-12 Computer: $5,870.00 1 MB memo, 1.2 MB floppy, enhanced kbd, 40 MB hard drive, EGA card, EGA monitor, 1200 baud internal modem. This piece of equipment is necessary for tracking information and analysis of on-going investigations. 6. BARTEC SLAVE, Model DLP -11 $600.00 each for a total of $1,200.00 TOTAL $ 20, 937.45 4 Commissioner Bowman did not believe the figures add up and felt they should be reviewed. OMB Director Baird informed the Board that he has asked the Sheriff to send these requests to his office prior to putting them on the agenda in the future. He left the room to check the figures. Commissioner Bowman continued to review the items which did not total up and stressed that she found the memo confusing and very poorly written. Commissioner Bird suggested that we hold this item over until Director Baird returns to the meeting, and it was agreed to wait. Later in the meeting Director Baird reported that he had checked the figures, which do not add up, and he has called the Sheriff's Department. He stated that he would prefer to hold this item over until next week so that he can get it clarified and then write a Budget Amendment. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) agreed to table the Sheriff's request until the next meeting. (This item was reconsidered just before the meeting ended.) E. Purchase of Breezy Village Utility System The Board reviewed memo from County Attorney Vitunac: 5 MAR 7 1989 BAR 1989 BOOK 76 PAGE .305 TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: March 1, 1989 RE: CONSENT AGENDA - B.C.C. MEETING 3/7/89 PURCHASE OF BREEZY VILLAGE UTILITY SYSTEM BY INDIAN RIVER COUNTY In connection with the purchase of the Breezy Village Utility System, the County obligated itself to enter into a recordable memorandum relating to the right of the seller to re -purchase Lot "C," if the land becomes surplus to the Utilities System. Request permission for the Chairman to execute the attached memorandum. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) authorized the Chairman to execute the Memorandum of Agreement COPY OF SAID MEMORANDUM OF AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. F. Release of County Liens The Board reviewed memo from the County Attorney's Office: TO: Board of County Commissioners FROM: e• R. Keller, County Attorney's Office DATE: February 23, 1989 RE: CONSENT AGENDA - BCC MEETING 3/07/89 RELEASE COUNTY LIENS 1 have prepared the following lien releases and request the Board authorize the Chairman to execute them: Lot 14 of COUNTRYSIDE SOUTH, in the name of REALCOR-VERO BEACH ASSOCIATES 6 Lot 216 of COUNTRYSIDE SOUTH, in the name of REALCOR-VERO BEACH ASSOCIATES Lot 125 of COUNTRYSIDE SOUTH, in the name of REALCOR-VERO BEACH ASSOCIATES Lot 173 of COUNTRYSIDE SOUTH, in the name of REALCOR-VERO BEACH ASSOCIATES Lot 37 of OLD SUGAR MILL ESTATES, UNIT III, in the name of WILSON (SEXTON) Tract A of SEMINOLE SHORES SUBD., in the name of ALAN W. McCAIN (Trustee) Lots 1 thru 6 6 9 and 10, Block 3 of LONE PALM PARK, in the name of KERMIT E. WELLER Lot 3 and Si Lot 2 of SUNNYDALE ACRES SUBD., in the name of HELEN WILDER WILLIAMS ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) author- ized the Chairman to execute the Release of Liens listed above. COPIES OF SAID RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. G. Community Services Block Grant Housing Rehab Program FY 1989 The Board reviewed memo from the Executive Director of the Housing Authority: TO: The Honorable Members of the DATE: February 29, 1989 FILE: Board of County Commissioners THROUGH: James E. Chandler County Administrator SUBJECT: Community Services Block Grant Housing Rehabilitation Program Federal Fiscal Year 1989 FROM: Guy L. Decker, Jr. •7. c' REFERENCES: Executive. Director IRC Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. 7 BOOK 76 Fa L 306 MAR 7 1989 MAR 1989 BOOK .76 F E 307 DESCRIPTION AND CONDITIONS: The State of Florida's Department of Community Affairs has once again allocated $6,295 to Indian River County under their CSBG Program, and the Housing Authority would like to utilize this grant to provide rehabilita- tion housing consulting services which activates rehabilitation funding from governmental sources. This program will run from April 1, 1989 to September 30, 1989. The Farmers Home Administration Section 504 Program provides housing rehabilitation loans and grants to low-income and elderly persons who lack the finances to make their homes decent, safe and sanitary and free of health and safety defects. This 1989 Program is targeted in the Gifford Area of the County and 14 low-income and elderly owners will have their homes brought up to safe and sanitary standards. It's also targeted in Wabasso and Old Oslo Park Areas. ALTERNATIVES AND ANALYSIS: This is our seventh year of funding under legislation passed by the Congress which consolidates various social programs into the block grant categories. RECOMMENDATION: We respectfully request the County Commission to authorize its Chair- man to execute the Award Agreement for submission to the Department of Community Affairs for this CSBG grant. This program will bring about improvements in safety and sanitation for fourteen (14) homeowners with an average cost of $5,000 per unit. The $6,295 Grant plus $2,695 in cash and in-kind contributions by the Housin3 Authority will be supplemented with $72,000 in loans and grants from the Farmers Home Administration. This program requires no additional County funds. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) author- ized the Chairman to execute the Award Agreement for the CSBG Grant for submission to the DCA. (FULLY SIGNED AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD.) 8 H. Budget Amendment #D50 - Appraisal Winter Beach Cemetery The Board reviewed memo from the OMB Director: TO: DATE: SUBJECT: FROM: Members of the Board of County Commissioners February 21, 1989 BUDGET AMENDMENT 050 - FOR PROPERTY APPRAISAL ON WINTER BEACH CEMETERY CONSENT AGENDA Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS In the meeting of July 12, 1988, the Board of County Commissioners requested an appraisal of the Winter Beach cemetery. Staff has had the appraisal done pursuant to the request of the commission. The appraisal cost of $5,480.00 was anticipated being expended in the 1987/88 fiscal year; however, we have just received the bill and it must be paid in the 1988/89 fiscal year. The attached budget amendment appropriates funds in the 1988/89 fiscal year to pay the appraisal expenditures. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment for the appraisal costs of the Winter Beach cemetery. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved Budget Amendment #050, as follows: TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 050 DATE: February 21, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/BCC Other Professional Services 001-101-511-033.19 $ 5_,480.00,$ 0 GENERAL FUND/ Reserve for Contingency 001-199-581-099.91 $ 0 $ 5.480.00 9 MAR '989 BOOK 76 FgE 3O8 MAR ? 1989 BOOK 76 FADE • V0 1. Budget Amendment #051 - South County Recreation Program The Board reviewed memo of the OMB Director: TO: Members of the Board of County Commissioners DATE: February 21, 1989 SUBJECT: BUDGET AMENDMENT 051 - SOUTH COUNTY RECREATION PROGRAM CONSENT AGENDA FROM: Joseph A. Baird931 OMB Director DESCRIPTION AND CONDITIONS At the Board of County Commission meeting of January 31, 1989, Commissioner Dick Bird presented the Recreation Committee report. Within the report staff and committee members had recommended instituting a recreation program in the South County area which was not budgeted in the 1988/89 fiscal year. The recreation program is for children after school and is to be held at Highlands and Thompson Elementary schools. The committee at the advise of the recreation staff would like to eliminate a $7,300 picnic shelter from the budget and also utilize $9,000 from surplus salaries for positions that were budgeted but have been vacant. Staff would like to use $15,000 for instructors on a contractual basis and $1,300 for Operating Supplies. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment appropriating funds for the South County recreation program. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved Budget Amendment #051, as follows: 10 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 051 DATE: February 21, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Recreation/ Other Salaries and Wastes 001-108-572-011.13 $ 0 $7,384.00 Social Services 001-108-572-012.11 $ 0 $ 555.00 Retirement Contribution 001-108-572-012.12 $ 0 $1,061.00 Other Improvements 001-108-572-066.39 $ 0 $7,300.00 Other Professional Services 001-108-572-033.19 $15,000100 $ 0 Operatina Supplies 001-108-572-035.29 $ 1,300,00 $ 0 J. Budget Amendment #053 - Purchase South County Park Property The Board reviewed memo of the OMB Director: TO: Members of the Board of County Commissioners DATE: February 27, 1989 SUBJECT: BUDGET AMENDMENT 053 - TO PURCHASE SOUTH COUNTY PARR PROPERTY CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS At the Board of County Commission meeting of February 14, 1989, the Board of County Commissioners approved the purchase of a 76.93 acre park site at the NE corner of Oslo Road and 20th Avenue for $1,465,000. The terms and conditions of the purchase set forth the requirement of a $565,000 down payment and $15,000 for closing expenses. The attached budget amendment appropriates funding for the down payment taking into consideration the $200,000 budgeted at the initial 1988/89 budget and utilizing an additional $380,000 from unanticipated revenue received from time sharing units. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment appropriating funds for the South County park site. 11 MAR 7,1989 BOOK 76 FACE 31O MAR 1989 BOOK /6 FACE 311 Ay ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved Budget Amendment #053, as follows: TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 053 DATE: February 27. 1989 Entry Number Funds De•artment Account Name Account Number Increase Decrease 1. REVENUE GENERAL FUND/ Cash Forward - October 1 001-000-389-040.00 $380,000 $ 0 EXPENSE GENERAL FUND/ Parks/A11 Land 001-210-572-066.11 $380.000 $ 0 PUBLIC HEARING - REZONING W. OF AIA/N. OF 510 TO RS -3 (NORBECK) 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 in the matter of in the Court, was pub- lished in said newspaper in the issues of c/ 4 /.s /779 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in sajd 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 tho 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 me this /6. (SEAL) (Business Manager) n e it Notory Public, S!nte of Florida 12 • NOTICE —PUBLtCNEARINQv . Notice of hearing to consider rmrft d ;1r1� AgetoRS3 9�arelly. Renis dentia! DistrictThe subject property Is Present)/ owned by Samuel C. Norbecic end Is located at 11699 S.R. A -1-A. -neje -.101100- The 1. j,0The subtest ProPerly dmeaa,. The north 90.7 feet. Lott , of Section 10, Township. 31 e Range 39 East. lying west st,the..wesj Rightof-way of A•1••6,' M A public hearing al w1'tth parties and citizens shall have -ah '=o' heard, win be held by the of County Com- ' County Commission Chambers ;1.:tted.trCs Mew County. Administration Building. located lit '1840; Street, Vero Beach, Florida on.Tueaday, 7,1989, at 9:05 a.m.• st '4k•l:tt' ' The Board of County — I consider a less intense zoning -district . came useberdistrict ay provided .act' :+anyHl2d jeeitie whichy mayabe made al meeting will need to eroure that a verbatim record of the proceedings Is made. width Includes testimony and upon which the appeal Is based...g. Board Coundian River ty • By:-sdiary Wheeler, February 15, 1989 Community Development Director Keating made the staff presentation recommending approval, as follows: TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Kea ing, CP Community Developm Zia-lot Director FROM: Robert M. Loeper,e /L Staff Planner DATE: February 24, 1989 SUBJECT: NORBECK REQUEST TO REZONE PROPERTY FROM A-1 TO RS -3 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 7, 1989. DESCRIPTION AND CONDITIONS: Samuel C. Norbeck has submitted a request to rezone a parcel of land from A-1, Agricultural District (one unit per 5 acres) to RS -3, Single -Family Residential District (up to 3 units per acre). The parcel contains 0.262 acres. The subject parcel is located on the west side of State Road A1A approximately 3i miles north of County Road 510. On January 26, 1989 the Planning and Zoning Commission voted 5-0 to recommend that the Board of County Commissioners rezone the subject property from A-1 to RS -3. ALTERNATIVES & ANALYSIS: In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is undeveloped and is currently zoned A-1. The property to the north and south of the subject parcel is also undeveloped with A-1 zoning. Immediately west of the subject property are citrus groves, zoned A-1. To the east, across State Road A1A, property is zoned RS -6, Single -Family Residential (up to 6 units per acre). Single -Family homes have been built on a scattered basis on these oceanfront lots. Future Land Use Pattern The subject parcel and surrounding property west of S.R. A1A has a land use designation of LD -1, Low Density Residential District 1, (up to 3 units per acre). Property to the east of S.R. A1A has a land use designation of LD -2, Low Density Residential District 2, (up to 6 units per acre). 13 MAR 7198 Boor 76 Du 312 ;MAR li889 BOOK 16 F'4GE313 Transportation System The subject parcel, fronts State Road A1A, designated as a principal arterial road on the county Thoroughfare Plan. This portion of A1A is currently operating at a level of service (los) "A". Access to A1A and impacts resulting from parcel development would be addressed during site plan or building approval. Environment The Comprehensive Plan does not designate the subject property as environmentally sensitive; however, the property is within a designated 100 year flood plain. Development of the parcel would require adherence to the National Flood Insurance Regulations. Utilities Public water and sewer are not available to the subject site nor are there any plans to extend service to this area at the present time. Development of a single-family residence would require necessary approvals for individual well and septic systems. Analysis The requested zoning change would not permit a higher intensity of development than that which is already permitted. The subject parcel is an existing lot of record which needs to be rezoned for the less stringent setbacks in the RS -3 district. Despite the small size of the parcel, this request is not considered spot zoning as it abuts existing residential districts to the east and is in proximity to residentially zoned property to the south. This change is consistent with the existing land use designation and is one of the first requests for rezoning in this area. Conclusion The subject parcel is located in a relatively undeveloped area of the northern portion of the barrier island. Recent activities in the area indicate an overall change in land uses from undeveloped and agricultural land uses to low density residential. The proposed zoning would be consistent with this trend. RECOMMENDATION Based on the analysis performed, staff recommends that this request for residential zoning be granted. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) adopted Ordinance 89-9 approving the rezoning of the 0.262 acres located on A1A approximately 3i miles north of CR 510 to RS -3 as requested by Samuel Norbeck. 14 ORDINANCE NO. 89- 9 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1, AGRICULTURAL DISTRICT TO RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT, FOR THE PROPERTY GENERALLY LOCATED AT 11699 S.R. A1A AND DESCRIBED HEREIN AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: The north 90.7 feet, Government Lot 1, of Section 10, Township 31 South, Range 39 East, lying West of the West Right-of-way of A -1-A. Be changed from A-1, Agricultural District to RS -3, Single Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7th day of Marbh 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 15th day of February, 1989, for a public hearing to be held on the 7th day of March , 1989, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Bird , and adopted by the following vote: 15 MAR ? J989 Boot. 76 E'{LL 314 MAR 7 1989 Chairman Gary C. Wheeler Vice Chairman Carolyn K. Eggert Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock BOR Aye 6 aL fEb j15 . ./{R Aye Aye Aye Absent BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By �. Gary Wheeler, Chairman ABANDONMENT OF PORTION OF 68TH PLACE (ERNEST I; DAISY TERRY) 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: 4. VERO BEACH PRESS -JOURNAL • Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA • Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ` in the matter of I f 2 -?1 in the _ Court, was pub• lished in said newspaper in the issues of �/ -G 1.:/91/ 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 me this /S. day of e (SEAL) 19 09 NOTICE OF PUBLIC HBARIN•-.' ..,.. Notice of hearing to consider a petition closing. abandonment: and Vacation Of a • • • •.0f 68th Place betweeq•.Old DWepHlghway U.S. rel. Lying and being IIn Indian River •: . °? sutlec Rorldalem t property re Is descri es n'..1F ' • BORDERED WIRE IRE NORTH' SIDE = LOTS 17,•18,-.19 andTHE-SODTH: • 20WEST FEETFOT 20,BLSZ BBORDEREr01411Q OUTH FLurs g(,4WEST 10 FEET OF LOT 9, S.`AS SHOWN ON A PLAT, OFIRE'. OW : SUBDIVISION.' ''RECORDED,• W °..PL'AT BOOK 4, PAGE 59, PUBLIC RECORD$ • OF ST. LUCIE COUNTY FL"• - LYING AND BEING IN .'COUNTY. FLORIDA- Ar; ±..{ ��•; A public hearing at which ( 1 and citizens shall have an to. be heard. win be held by the Board of missloners of the County Adminietratton Buie ins located at 1840 2501 Street, -Vero'. Florida on Tuesday. March 2.1989 at,9:05 am: • Anyone who may wish to appeal airy which may be made at this meeting will need to ensure that a verbatim record of the proceeding • is made, which Includes testimony and evidence. upon which the appeal is based: r •+."$' ..v INDIAN RIVER COUNTY t.1* • ► ra BOARD OF COUNTY COMMISSIONERS BY -s -GARY WHEELER, CHAIRMAN:..,' February 15.1989:x., Fri'""k elhdss nager) IV Notary Public, State of Florida Chief Planner Stan Boling reviewed the following: 16 TO: James E. Chandler - County Administrator DIVISION HEAD CONCURRENCE: 410,14Z., 'o•ert M. Keatin:, A Community Develo•men Director 43 THROUGH: Stan Boling, AICP Chief, Current Development FROM: John W. McCoy (/' Staff Planner, Current Development DATE: February 7, 1989 SUBJECT: ERNEST & DAISY TERRY'S REQUEST TO ABANDON A PORTION OF 68TH PLACE It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 7, 1989. DESCRIPTION AND CONDITIONS: Ernest and Daisy Terry have submitted a petition for the abandonment of that portion of 68th Place (Palm Avenue) which borders lots 4, 5, 6, Block 3 and lots 17, 18, 19, Block 2 of the Quay Subdivision. This portion of right-of-way is located between U.S. #1 and Old Dixie Highway, but does not provide access through to U.S. #1 (the area east of the subject right-of-way was originally part of the Quay Subdivision, but has since been vacated) . Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment, with the provision that a 12' utilities and drainage easement be retained. The 12' easement will be over the north 12' of the subject right-of-way. This portion of 68th Place is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. This portion of 68th Place is unpaved and is currently used for access to the lots which have frontage. These lots are owned by the applicant, who has obtained a rezoning on these properties from RM -6 to OCR. The applicant has filed a unity of title form, which will ensure a unified development of these properties. The County Attorney's office has confirmed that the Unity of Title (see attachment #4) is sufficient to ensure that all lots adjacent. to the subject right-of-way are now one parcel that cannot be re -divided without County approval. Thus, approval of the abandonment would not deny convenient access to this unified parcel: access would still be available where 68th Place would "dead-end" into the parcel. RECOMMENDATION: Staff recommends that the County abandon its rights to this portion of 68th Place, and that the Chairman of the Board of County Commissioners be authorized to execute theattached resolution (Attachment #3) with the following condition: 1. That a 12' utility and drainage easement be retained over the north 12' of the subjedt right-of-way. 17 BOOK 76 rArd 3I6 WAR 1 1989 IMAR 71989 69th ST \ U ` Subject R -O -W • WEIR ti a PALM h CITRUS A 76 FAuE 317 . N.Winter: Beach. Rd 1 'T 1 12� '.. 3 8 3 1 -- 4 4 r-- 5 5 - a 9 - I 2510 - -1 j [il�I --12 •' 4 12 - 13 13 68TH ST. vi 2 3 6 2 3 4 54 5 2 3 t4 5 6 �� TThP Imil ® 6 67TH ST. Board members had some questions regarding access for all the lots bordering the abandoned portion of 68th Place as well as those depicted by the dotted lines. Planner Boling advised that the dash lines were a portion of the old subdivision that was vacated years ago, and they are non- existing property lines. The petitioner, the Terrys, own the lots located on each side of the portion of the road to be abandoned. They also own the triangular shaped piece within the dotted lines which has access off U.S.!, and this all will be developed as one parcel. Chairman Wheeler asked if staff was comfortable with the triangular piece having access to U.S.I, and Planner Boling pointed out that it has alternate access off of Citrus Avenue. Commissioner Bowman asked if the abandoned property goes back on the tax roll, and Planner Boling explained that the petitioner will acquire the entire width of the R/W which is reverting from public access to private property and it will go back on the tax roll. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. 18 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved Resolution 89-26 providing for the vacation of a portion of 68th Place as requested by Ernest and Daisy Terry. RESOLUTION NO. - 26 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, VACATION OF ALL OF THAT PORTION OF 68TH PLACE BORDERED ON THE SOUTHSIDE BY LOTS 4, 5, 6, AND THE WEST 10 FEET OF LOT 3, BLOCK 3 AND BORDERED ON THE NORTHSIDE BY LOTS 17, 18, 19 AND THE SOUTH 80 FEET OF THE WEST 10' OF LOT 20 BLOCK 2, OF THE QUAY SUBDIVI- SION, PLAT BOOK 3, PAGE 75, AS FILED IN ST. LUCIE COUNTY, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on June 21, 1988 the County received a duly executed and documented petition from ERNEST & DAISY TERRY, P. 0. Box 157, Winter Beach, Florida requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to all that portion of 68th Place bordered on the southside by lots 4, 5, 6, and the west 10 feet of lot 3, Block 3 and bordered on the northside by lots 17, 18, 19 and the south 80 feet o'f the west 10 feet of lot 20, Block 2, of the Quay Subdivision, Plat Book 3, Page 75, as filed in St. Lucie County, now lying and being in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right- of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD SIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and to that certain right-of-way being known described as: OF COUNTY COMMIS - and the public in more particularly 68th Place bordered on the southside by lots 4, 5, 6, and the west 10 feet of lot 3, Block 3 and bordered on the northside by lots 17, 18, 19 and the south 80 feet of the west 10 feet of lot 20, Block 2, of the Quay Subdivision, Plat Book 3, Page 75, recorded in the public records of St. Lucie County, now lying and being in Indian River County, Florida. 19 BOOK 76 f'',CE 318 MAR '? 1989 IF - MAR 7 1989 BOOP 76 PAGE 919 is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that a 12' wide drainage and utilities easement be retained over the north 12' of the abandoned 68th Place right-of-way, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statues §336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird , and upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice -Chairman Carolyn K. Eggert Commissioner Don C. Scurlock, Jr.. Commissioner Margaret C. Bowman Commissioner Richard N. Bird Aye Aye Absent Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of March , 1989. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA L Gary . Wheeler, Chairman Boar of County Commissioners BY: ABANDONMENT OF PORTION OF 85TH AVENUE (PAULEY/SABONJOHN) 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: 20 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of f6-1-1 dftizi-ev in the Court, was pub - lashed in said newspaper in the issues of 417/7f9 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in sajd 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. ,y Swom to and subscribed before me this d yof . 19 rp ,awl 1"4)T' k . (SEAL) • Notary Public, Stale of Florida Chief Planner Boling reviewed the following: NOTICE OFPUBUCHEARING,••-• Notice of hearing to consider a petition for -the closing, abandonment, and vacation of ail •of that portion of 85th Avenue south of the south' right-of-way line of 22nd Street Lying and being In Indian River County, Florida, more patiY described as follows:. ^ . •' ,, ; The subject pro is described as: s. ; ALL OF THAT PORTION OF 85TH AVE" NUE SOUTH OF THE SOUTH RIGHT...k OF -WAY UNE OF 22ND STREET, • AS i. SHOWN ON A PLAT OF THE PARADISE , PARK SUBDIVISION, • UNIT` 1,•i RE- CORDED IN PLAT BOOK 3, PAGES72 8: • 73 LYING AND BEING IN INDIAN RIVER' COUNTY, FLORIDA. ,14rTook+:??h A public hearing 'at which: parties fn and citizens shall have an 09Pnt�fM C heard, will be held by the Board County mission's of the County Administration Baud ing, located at 1840 25th Street Vero Besch�. Florida, on Tuesday, March 7;1989 at 906 s.m:.; Anyone who may wish to appeal decision which may be made at this meeting need to ensure that a verbatim record of the.proceedutgs Is made, which Includes testimony and evidence upon which the appeal Is based. • . ,r, °c. INDIAN RIVER COUNTY - • BOARD OF COUNTY COMMISSIONERS • BY -s -GARY WHEELER CHAIRMAN... February 15,1988.., TO: James E. Chandler County Administrator FROM: DATE: SUBJECT: DIVISION HEAD CONCURRENCE: M. Keati ice, Robert g, A Community Development Director THROUGH: Stan Bolincf;ICP Chief, Current John W. McCoy Staff Planner 'Current Development Development February 8, 1989 PAULEY/SABONJOHN REQUEST TO ABANDON AVENUE A PORTION OF 85TH It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 7, 1989. 21 MAR U EV goof ' a DL E AcG' IVi AR 'd 1989 BOOK76 1'A E J21 DESCRIPTION AND CONDITIONS: Robin and Jeffery Pauley in conjunction with Jim Sabonjohn have submitted a petition for the abandonment of 85th Avenue south of 22nd Street. Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment, with the provision that the entire right-of-way be retained as a drainage and utilities easement. While the County is retaining the entire portion of the subject right-of-way as an easement, the property owners will benefit by being able to build in the old setbacks and use the easement (abandon right-of-way) for setback purposes. This portion noted on the thoroughfare stubs -out to has frontage any property of 85th Avenue is not part of the roadway system as County Thoroughfare Plan, and is not needed for the system. The right-of-way is currently wooded and a large tract of multi -family zoned property, which on S.R. 60. The abandonment will not deny access to owner. RECOMMENDATION: Staff recommends that the County abandon its rights to 85th Avenue and that the Chairman of the Board of County Commissioners be authorized to execute the attached resolution (Attachment #3), with the condition: 1. that drainage and utilities easements be retained over the entire subject right-of-way. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon declared the public hearing closed. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) approved Resolution 89-27 providing for the abandonment of a portion of 85th Avenue as re- quested by Robyn Pauley. 22 RESOLUTION NO. 89 - 27 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, AND VACATION OF 85TH AVENUE SOUTH OF 22ND AVENUE, SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on July 27, 1988 the County received a duly executed and documented petition from ROBYN PAULEY of 2195 85th Avenue, Vero Beach, Florida, requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to 85TH AVENUE SOUTH OF 22ND STREET, said lands lying in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way. necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly described as: ALL OF THAT -PORTION OF 85TH AVENUE SOUTH OF THE SOUTH RIGHT-OF-WAY .LINE OF 22ND STREET, AS SHOWN ON A PLAT OF THE PARADISE PARK SUBDIVISION, UNIT 1, RECORDED IN PLAT BOOK 3, PAGES 72 & 73 LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.* is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that the entire right-of-way be retained as a drainage and utilities easement, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statues §336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Bowman , and upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice -Chairman Carolyn K. Eggert Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman. Commissioner Richard N. Bird Aye Aye Absent Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of March , 1989. MAR 7 1989 BOARD OF COUNTY COMMISSIONERS OF INDIJIN RIVER COUNTY, FLORIDA BY: 22a Gary ' Wheeler, Chairman Board of County Commissioners 8©OK r 1/ R 7 1999 BOOK76 323FACE SURPLUS MOWER FOR GIFFORD PROGRESSIVE CIVIC LEAGUE Administrator Chandler reviewed the following memo: TO: Board of County Commissioners DATE: March 1, 1989 FRO SUBJECT: James E. Chandler . County Administrator REFERENCES: FILE: The lease agreement with the Progressive Civic League of Gifford, Inc. provides that they will maintain the grounds of the Community Center. To date they have been unable to find anybody to do the mowing. With current staffing and workload, the County cannot provide the service on an adequate basis. A rebuilt mower is available and could be turned over to the League. Dr. Hudson has indicated that a resident has agreed to provide temporary storage until a permanent solution is found. It is recommended that the mower be declared surplus and turned over to the League. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) declared the rebuilt mower available from the Parks Division surplus and authorized staff to turn it over to the Gifford Progressive Civic League as recommended. ONE -DAY USE OF SIVER INSURANCE MANAGEMENT CONSULTANTS Administrator Chandler informed the Board that he would like to be authorized to retain Siver & Associates for a one -day review of our risk management self-insurance program. We are moving toward a total self-insurance program in October, and he would like them to give us a general overview of the program and its current status as well look at the direction we are headed. The Administrator noted that there will be a need for an actuarial review regardless of what we do here. The expense 23 entailed would be -$1,800 and we do have $1,800 still available from the prior agreement with them. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) author- ized the Administrator to retain Siver & Associates for a one -day review of our risk management program as discussed. AUTHORIZATION TO RECORD LIEN FOR COSTS OF REMOVAL OF BUILDING AT 845 8TH AVENUE S.W. The Board reviewed memo from Building Director Rymer: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: • Robert M. Keating, AIC Director, Community Development Department DATE: February 22, 1989 SUBJECT: Authorization to Record Lien 845 8th Avenue, S.W. FROM: Ester L. Rymer, Direct Building Division It is requested that the data herein presented be given formal con- sideration by the Board of County Commissioners at their next regularly scheduled meeting. DESCRIPTIONS AND CONDITIONS: On September 6, 1988, the Board of County Commissioners passed Resolution 88-55 authorizing the Building Official to proceed on an emergency basis in nuisance abatement of abandoned and dilapidated buildings being utilized in the illegal dealing of crack cocaine in the vicinity of Oslo Road. Several buildings were involved. In some cases, the owners handled the demolition; in other cases, the Building Official was left with no choice but to have the buildings demolished by County crews. MAR 198 r 24 BOOK .76 r4E. 324; 65A R V 1989 BOOK 78 F.{GE 'J The subject building was demolished by County crews. To date, the owners have failed to make restitution to the County for the costs of removal. RECOMMENDATION: I request the Board of County Commissioners give the County Attorney's office authorization to cause a Lien to be filed of record for the costs of removal against the owner of the subject property pursuant to Indian River County Code Section 4-22. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) authorized the filing of a lien for costs of removal against the owner of 8458th Avenue S.W. Commissioner Bowman was concerned that Resolution 88-55 refers only to removal of such buildings in the Oslo area, but Attorney Collins believed a second resolution was passed expanding the area to other areas in the county. Board members stressed the need to have such a Resolution that would apply countywide, and Attorney Collins stated that he would check on this. (COPY OF LIEN ON FILE IN OFFICE OF CLERK TO BOARD) LEASE AGREEMENT FOR CAPPELEN PROPERTY (HEALTH DEPARTMENT) General Services Director "Sonny" Dean noted that as directed, staff negotiated for additional space in the Cappelen Building. We are presently leasing 1,472 sq. ft., and Mr. Cappelen offered an additional 1,472 sq. ft. at a price of $650 a month, which would bring the total cost of the lease for 2 spaces in that building to $1,400 a month. County Health Director Berman emphasized their critical need for space. He noted that this will only fill a portion of their needs, but it will give them enough room to move maternity out into the new space so they can free up 3 rooms in the main building and be able to use their personnel a little more effectively., He had hoped to get the space where the bread store 25 is, but that is not available for another year; however, they will take whatever they can get. Commissioner Bird asked where the funds for the renovation will come from, and Dr. Berman stated they will come from the Health Department budget. They have about $12-13,000 allocated and will add to that from their reserve fund. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved the Lease Agreement with Russell Cappelen for space in the Cappelen Building as discussed. LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this7th day of March , 1989, between RUSSELL G. CAPPELEN, hereinafter called the "LESSOR", and INDIAN RIVER COUNTY, hereinafter called "LESSEE". W I T N E S S ETH : That the LESSOR, for and in consideration of the covenants and agreements set forth herein, hereby leases the certain premises located at 2457 and 2455 14th Avenue, Vero Beach, Indian River County, Florida, consisting of approximately 2944 square feet. 1. TERM: The term of this lease shall be twelve (12) months commencing the 15thday of March , 1989 and ending the 15th day of March , 1990. 2. RENTAL FEE: The monthly rental fee shall be $1400.00, payable in advance on the first day of each month this agreement is in effect. The rent for any fractional part of the first or last month shall be pro -rated. The rental shall be paid to the LESSOR at 2511 Atlantic Boulevard, Vero Beach, Florida 32960 or such other place as 26 MAR 1989 L J MAR 1989 BOOK 76 ri E 3 j the LESSOR may from time to time designate in writing. Payment shall be made by check or money order only, payable to RUSSELL G. CAPPELEN. 3. LIGHT FIXTURES: The LESSOR agrees to provide in the leased premises minimum Tight fixtures for use of LESSEE. The LESSEE shall be responsible for the replacement of all bulbs, lamps, tubes and starters used in such fixtures for the purpose of furnishing light. 4. MAINTENANCE AND REPAIRS: A. The LESSEE shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The LESSEE shall, during the term of this lease, keep the interior of the leased premises in as good a state of repairs as it was at the time of the commencement of this lease, reasonable wear and tear and unavoidable casualties accepted. B. The LESSOR shall paint the interior of the leased premises and maintain and keep in good repair the exterior of the leased premises during the term of this lease. 5. UTILITIES: A. The LESSEE shall pay all gas, water, power and electric light`rates'or charges which may become payable during the term of this lease for the leased premises. B. The LESSOR shall pay all trash rates or charges which may become payable during the term of this lease for the leased premises. 6. ALTERATIONS: The LESSEE shall have the right to make any alterations in and to the leased premises during the term of this agreement, upon first having obtained the written consent of the LESSOR. The LESSOR shall not unreasonably withhold consent for any such alterations. 27 The alterations of the leased premises, with the exception of movable furnishings and fixtures, shall, at the LESSOR's option, become part of the realty and belong to the LESSOR at the conclusion of the agreement. 7. FIRE AND OTHER HAZARDS: In the event that leased premises, or the major part thereof, are destroyed by fire, lightning, storm or other casualty, the LESSOR shall forthwith repair the damage to such leased premises at its own cost and expense. The rental thereon shall cease until completion of such repairs, and the LESSOR will immediately refund the pro rata part of any rental paid in advance by the LESSEE prior to such destruction. Should the premises be only partly destroyed so that the major part thereof is usable by the LESSEE, then...the rental fee shall be reduced to the extent that the injured or damaged part bears to the whole of such premises and is practicable. The normal rental fee under this agreement shall commence upon completion of such repairs. 8. RENEWAL: The LESSEE is hereby granted the option to renew this lease for additional twelve (12) month periods upon the same terms and conditions except that the rental fee may be increased up to $70.00 per month on each annual renewal date. If LESSEE desires to renew this lease under the provisions of this article, it shall give the LESSOR written notice thereof not more than six (6) months nor Tess than thirty (30) days prior to the expiration of the term provided herein. 9. SUBLETTING: This lease may not be assigned or sublet without the consent of the LESSOR, whose consent may not be unreasonably withheld. 10. RIGHT OF LESSOR TO INSPECT: LESSOR, at all reasonable times, may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this lease. 28 MAR `d 1989 BOOK 76 FALL 320 MAR 71999 11. WAIVER OF DEFAULTS: The waiver by LESSOR of any breach of this lease by the LESSEE shall not be construed as a waiver of any subsequent breach of any duty or a covenant imposed by this lease. 12. USE OF PREMISES: The LESSEE will not make or suffer any unlawful, improper or offensive use of the premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such ordinances of the city and/or county in which the premises are Located, now or hereinafter, as may be applicable to the LESSEE. 13.. NOTICES AND INVOICES: All notices required to be served upon the LESSOR shall be served by mail at 2408 Atlantic Boulevard, Vero Beach, Florida 32960. All notices required to be served upon the LESSEE shall be served by mall at 1840 25th Street, Vero Beach, Florida 32960. 14 TERMINATION: LESSEE may cancel this lease upon 60 days written notice to LESSOR prior to the annual termination date. 15. ADDITIONAL TERMS: No additional covenants or conditions form a part of this lease. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. Attest Of /�_ 4ie ;i ey Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (IiWNu%c-G�.� By arton Witness 29 Gar C. Wheeler Cha man (SEAL) —RUSSELL G. CAPP L N ROOF REPLACEMENT AND REPAIRS (ADMINISTRATION BLDG.) General Services Director "Sonny" Dean reviewed the follow- ing memo: DATE: MARCH 2, 1989 TO: BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT: ROOF REPLACEMENT - COUNTY ADMINISTRATION BACKGROUND: On February 3, 1987 the Board of County Commissioners settled with the Travelers Insurance Company for an estimated cost to replace the subject roof. The settlement was for $96,850 with a clause for their Insured to be responsible for damaged insulation material due to the leaking roof. In August 1988 the Board awarded a low bid by Lucas Waterproofing, Inc. to replace the subject roof for a contract price of $91,934 plus a unit price of $1.50 per square foot of insulation material that was saturated with water and could not be reused. On March 1, 1989 this writer was notified by Lynn Williams, Buildings and Grounds Superintendent that Lucas had uncovered approximately 1,687 square feet of insulation material that had to be replaced with a total cost of $29,250. We had already authorized $5,259 worth of material that could be paid for out of the monies received from the insurance company. Since the "built-up" type roof had already been stripped and the insulation material was exposed to weather conditions, we felt an emergency situation existed. Should we experience some inclement weather prior to obtaining authorization at the next regular Board meeting to spend these additional monies,water and/or wind damage could result and necessitate more cost. ANALYSIS: Based on the above facts as presented to Mr. Chandler, the County Administrator agreed with staff as being an emergency situation and authorized the contractor to replace the damaged insulation material at a cost of $29,250. RECOMMENDATION: It is therefore requested that the Board officially recognize the above described situation as an emergency and agree with the County Administrator and Staff in the action that was taken. Director Dean stressed that since they discovered the insulation was in worse shape than anticipated, they had to take emergency action. They were afraid if they made the contractor pull off the job and wait until a regular Board meeting, it might Ak 11989 30 BOOK 76 r E3► Q 1MAR 7 19 9 BOOK 76 fSGE leave an opening for the contractor to argue that he was forced to leave the job and that would affect the warranty on the roof. Administrator Chandler further pointed out that the roof had been peeled back and we were looking at rain at the end of the week. Commissioner Bird asked if we have an ability to recoup the additional cost, and Director Dean advised there is a clause in the contract that states we can go after the insured's policy holder. Discussion ensued regarding the total cost for the entire job, including the insulation, and Director Dean advised that it would be $96,850 plus $29,250 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) recognized the emergency situation; approved the action taken by staff; authorized the Legal staff to take steps to recoup the additional expenditure; and approved Budget Amendment #055, as follows: DD: Members of the Board of County Commissioners ?ROM: Joseph A. Bair OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 055 DATE: March 21 1989 3ntry dumber Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE GENERAL FUND/ Cash Forward October 1 001-000-389-040.00 $ 91.934 $ 0 ,EXPENSE GENERAL FUND/Building & Grounds Construction in Progress 001-220-519-066.51 $127.443 $ 0 GENERAL FUND/ Reserve for Contingency 001-299-581-099.91 $ 0 $ 35,509 Explanation: 1. The Board of County Commissioners approved $96,000 in August of 1988 to award a contract for roof repairs. Construction was started at a late date and is still under way. 2. Change Order due to having, to replace insulation and damaged areas from water leaks. 3. Total $ 91,934 Original Amount 35.509 Change Order 111111"3 31 MISCELLANEOUS INTERSECTIONS, PHASE II - CHANGE ORDER #4 Public Works Director Davis reviewed the following: TO: James Chandler County Administrator FROM: James D. White, P.E. Acting County Enginee THROUGH: James W. Davis, P.E. Public Works Directo SUBJECT: Change Order #4 - Misce"l.laneous Intersections Phase II Indian River Project # 8532 DATE: February 22, 1989 Description and Conditions The addition of 180 LF of Type F curb was needed near the intersection of 4th Street and Old Dixie Highway to control drainage. The cost of the additional work is $2,880.00 including placement, excavation, base material and repair of adjoining driveways, bringing the total contract amount to $255,385.19. Recommendations and Funding Staff recommends approval of Change Order #4 and authorization of chairman to execute the documentation. Funding is from Fund 101-156-541-067.21, Zone 6 Traffic Impact Fees (Account balance is $84,067.00). ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved Change Order #4 as described above. 32 MAR 71989 ROOK 76 332 MAR 7 1989 No. CHANGE ORDER 4 Dated February 8, 1989 BOOK 16 DU 333 Owner's Project No. 8532 Engineer's Project No. Project Owner Misc. Intersections Indian River County R6 --5R4 - Roadway and Utility 1mprovPm'nfs Co(i.t.zr) Contractor Dennis L. Smith, Inc. Contract Date September 9, 1987 Contract For Road Improvements at. Oslo Road and U.S..fi 1 8th_ S+'ree± and 27th Avenue, and 4th Street and. Old Dixie Highway Nature of the Change: ITEM NO. DESCRIPTION RTY.•. OVERRUN.•. •. • UNUE).RUN 4th STREET AND OLD DIXIE HIGHWAY 520-1-10 Concrete Curb Type F Baserock Excavation, Replacement & Drive- way Repair • 180 L.F. $1,260.00 JOB L.S. 1,620.00 TOTAL: $2,880.00 e changes result in the following adjustment ntract Price Prior to this -Change Order t (Increase) (yeec resulting from this :rrent Price Including This Change Order of Contract Price and Time: $ 252,505.19 - 2 Change Order $ 880.00 s $ 255,385.19 >ntract Time Prior to this Change Order :t (Increase) (Decrease) resulting from this Lange Order =rent Contract time including this Change rder --59-- Calendar Days. -0- Calendar Days -59- • Calendar Days he above changes are approved: ::LLOYD & ASSOCIATES, INC. Engineer By: 9A._ \J LIVIL-. rr6a/ 1 Date: iff,L,. 25 Via 3 'he above changes are accepted] APPROVED: .3 -7- g7 Gary f Wheeler, Chairman, Board of County Commissioners; Indian River County DENNIS a SMIT', NC. By: on a• or Date: %7...$1 ACCEPTED BY: INDIAN RIVER COUNTY Jai( s W. Davis, Director of Public 33 Works GOLDEN SANDS PARK - FINAL PAYMENT (BARTH CONSTRUCTION) Public Works Director Davis reviewed the following: TO: James Chandler County Administrator FROM: James D. White, P.E. Acting County Engineer, THROUGH: James W. Davis, P.E. Public Works Director SUBJECT: Final Payment - Barth Construction, Inc. Golden Sands Park, Indian River County Project #8552 DATE: February 27, 1989 Description and Conditions Barth Construction has requested Final Payment of Retainage for work done on Golden Sands Park. Staff has inspected the work and found it in order and complete. The retainageamount is $22,378.39. Recommendations and Funding Staff recommends acceptance of the work and release of retainage in the amount of $22,378.39 to be paid from Account # 310-143-572. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) accepted the work done by Barth Construction on Golden Sands Park and authorized release of the retainage in the amount of $22,378.39 as recommended by staff. Commissioner Bird noted that he has been getting a lot of favorable comments about the park and wished to congratulate Public Works Director Davis and his staff for their work. Commissioner Eggert believed that Director Davis had made the remark that there is more that he wanted to do with Phase 1, and Director Davis confirmed that he would like to do some more landscaping to make the park look a little nicer, possibly some additional sodding or ground cover. Chairman Wheeler emphasized that he would like to see some trees there as soon as possible, and discussion ensued as to using the in- house tree spade we now have and the possibility of being able to use some Tourist Tax funds. 34 ► ' AR 1989 BOOK 76 FCL .., all ARS 7 1989 BOOK G 6 r,t E 335 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, that a plan be drawn up for addi- tional landscaping at Golden Sands Park complete with costs and that it be brought back to the Board. Commissioner Bowman believed water may be a problem, but Director Davis advised that they have irrigation water from the Polo Club. He noted that there was also some discussion at the ribbon -cutting that there should be some additional work on the dune cross-over that has the handicapped ramps so they don't have to travel so far, and he felt we can put in a little by-pass. Commissioners Eggert and Bowman agreed to include that in their Motion also. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion as amended. It was voted on and carried unanimously (4-0). INTERSECTION IMPROVEMENTS - 8TH ST. & 20TH AVE. R/W ACQUISITION Public Works Director Davis reviewed the following: TO: James Chandler County Administrator 11', THROUGH: James W. Davis, P.E. . vs' Public Works Director �� FROM: Donald G. Finney, SRA �_.--.�. Right -of -Way Acquisition Agent SUBJECT: Intersection Improvements 8th Street and 20th Avenue Right -of -Way Acquisition DATE: February 23, 1989 Description and Conditions The Public Works Department is proceeding to implement the Phase 3 Miscellaneous intersection Project. Improvements to signalize and widen all approaches to the 20th Avenue/8th Street 35 intersection is included. This project was previously authorized by the T.P.C. and B.C.C. There are four (4) property owners involved in the Right -of -Way acquisition for this project, they are willing to settle as follows: 1) Jehovah's Witnesses PARCEL #103 - Donating the additional property. 6' additional Right -of -Way 261 square feet 2) Church of God PARCEL #104 - 15' additional Right -of -Way 3,385 square feet. Settlement $5,000. $1.48 square foot 3) S. Gutowsky PARCEL #101 - 13' X 6' Additional Right -of -Way 4,530 square feet. Will donate if relocate Sago palms. 4) H. Thomas PARCEL #102 - 13' x 6' additional Right -of -Way 4,130 square feet. Settlement $6,195. $1.50 square foot Alternatives and Analysis The alternatives are as follows: Alternative #1 Settle with the four (4) property owners as detailed above. A total Right -of -Way acquisition cost is $11,195.00, and the County would agree to relocate Sago Palm trees on Parcel #101. Partial taking appraisals in 1987 were $1.10 square foot for property purchased at 8th Street and 27th Avenue. Alternative #2 Obtain appraisals for the four (4) parcels at an approximate total cost of $3,000.00. Once appraisals are received (60 days minimum), offer all property owners the appraised value. Recommendation and Funding In lieu of additional expenses fees and condemnation costs, purchase and settle the above in the amount of $11, #101-156-541-067.19, Zone 6 balance in account is $150,000. for appraisals, possible attorney staff requests authorization to real estate transactions. Funding 195.00 to be from Account Traffic Impact Fees. (Current 00) . Director Davis informed the Board that there has been a change in the staff's recommendation. It was anticipated that Parcel #101 would be donated, but since the memo was written, that has changed. In lieu of donation, the Gutowskys would like to sell the R/W for $1.50 a square foot, or a total of $6,795. Chairman Wheeler asked if we still would have to relocate the palm trees on that parcel, and it was stated that we would not have to. AR V 1989 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously authorized staff to purchase and settle the real estate trans- actions listed with the change in the Gutowsky Parcel #101 per the above discussion. 36 L1OO1. 7G Fact .33f3 MAR 71989 BOOK 76 FAH 33? PROPOSED TRAFFIC SIGNAL REMOVAL - 87TH ST. & U.S.1 (WABASSO) Director Davis reviewed the following, noting that DOT is requesting we take a formal position on this: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: David B. Cox, Traffic Engineering Manager SUBJECT: Proposed Traffic Signal Removal at 87th Street and US 1 DATE: February 27, 1989 DESCRIPTION AND CONDITIONS FDOT is proposing to remove the entire traffic light at US 1 and 87th Street in Wabasso. The procedure for the removal is outlined in the attached letter of Jan. 9, 1989 from the District Traffic Operations Engineer. In February, 1989, the Wabasso Post Office completed moving from 87th Street to their new location on the southeast corner of 81st Street and US 1. ALTERNATIVES AND ANALYSIS FDOT is requesting written comment from the County prior to putting the signal into flashing mode for 90 days. If approved, staff would issue a news release to notify motorists of the start of the flash period. If any significant problems occurred during the 90 days on flash, the light could easily be returned to normal operation. RECOMMENDATION The Transportation Planning Committee approved removal of the light at their February 8, 1989 meeting. Staff recommends putting the light into flash at this time in accordance with the FDOT plan, and approve its removal. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, to approve putting said light into flash at this time per the FDOT plan and to approve its removal as recommended by staff. 37 In discussion it was noted that this road goes to the John's Island West golf course, but Director Davis felt the people going there will continue west and turn north on 55th. Commissioner Eggert believed they have trouble finding that route, and Director Davis agreed that it probably could use better signage. THE CHAIRMAN CALLED for the question. It was voted on and carried unanimously (4-0). Commissioner Bowman asked who owns that light and whether we have any say as to where it goes next, and Director Davis believed we can get the equipment. Commissioner Bird brought up the danger of the railroad crossing at 27th Street and U.S.1 and felt there should be a light there, but Director Davis noted that is not a county intersection and it is not in our jurisdiction. Discussion ensued re talking to the City about this at a joint meeting, and some conversation followed as to the possibility of having a railroad overpass at some location. BOUNDARY SURVEY "MOSQUITO IMPOUNDMENT" I.R.BLVD. - FINAL PAYMENT TO CARTER & ASSOC. The Board reviewed memo from the Public Works Director: 38 MAR 61 1989 Boor 76 F LE 33S MAR 71989 76 f,kfiE 339 BOOK TO: James Chandler County Administrator FROM: James D. White, P.E. (j�4 Acting County Engineer THROUGH: James W. Davis, P.E. Public Works Director SUBJECT: Final Payment Request fol Carter & Associates Indian River County Project #8530 Boundary Survey to DATE: February 23, 1989 Description and Conditions Carter & Associates has completed boundary survey and prepared a legal description of lands generally known as the "mosquito impoundment" East of Indian River Boulevard at the golf course. Carter & Associates has requested final payment in the amount of $1,385.00. The County surveyor has reviewed the work and found it acceptable. Recommendations and Funding Staff recommends approval of final payment in the amount of $1,385.00 to Carter & Associates for the surveying services from Account #309-000-206-044.00. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved final payment to Carter & Associates in the amount of $1,385, as recommended by staff. Director Davis gave a brief status report on the Boulevard North extension Phase III. He advised that staff will be going to a meeting of the Governor's subcommittee on Managed Marshes on March 15th in Naples to present the management plan for the impoundment to mitigate the Boulevard filling. This is a very important meeting relating to the environmental permitting phase of the project, and Director Davis was very optimistic that the committee would support our management plan. The next step is R/W, and he felt it may be necessary to have outside attorneys if we need to go to condemnation since our attorneys are overloaded now. Director Davis was hopeful of being able to start construction this summer. 39 KINGS HWY BRIDGE & N. RELIEF CANAL - FINAL PAYMENT (MURPHY CONSTRUCTION) The Board reviewed the following memo: TO: James Chandler County Administrator /� FROM: James D. White, P.E. /` „O1-) Acting County Enginee THROUGH: James W. Davis, P.E. L Public Works Director SUBJECT: Final Payment Request &'telease of Retainage Murphy Construction for Work on Kings Highway Bridge & North Relief Canal DATE: February 16, 1989 Description and Conditions The bridge over the North relief canal on Kings Highway has been completed and the Contractor (Murphy Construction of West Palm Beach) has requested final payment and release of retainage in the amount of $37,295.39. Recommendations and Fundincr Staff recommends acceptance of the work and approval for release of final payment and retainage in the amount of $37,295.39 from Account # 111-214-541-033.49. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) accepted the work described above and approved final payment and release of retainage in the amount of $37,295.39 as recommended by staff. GOLDEN SANDS PARK - RELEASE OF RETAINAGE (DICKERSON) The Board reviewed the following memo: MAR 11989 40 BOOT( 76 F L °340 MAR 7 1989 BOOK 76 PAGE341 TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: James D. White, P.E. Acting County Engineer-' SUBJECT: Release of Retainage, Dickerson Florida, Inc. Golden Sands Park DATE: February 16, 1989 DESCRIPTION AND CONDITIONS Dickerson Florida, Inc has completed all the work under the contract except for applying thermoplastic pavement markings. FDOT will not allow placement of thermoplastics until after a 30 -day cure period has lapsed for the asphalt. The contractor has requested payment of $44,972.43. This would leave a retainage of $7,848.00. This is 50% more than the cost of completing the thermoplastics, but is slightly less than 10% of the total work. RECOMMENDATION Staff recommends approval of the work and payment of the $44,972.43 and release of retainage pending placement of remaining pavement markings. ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) approved the work described above and approved payment of $44,972.43 to Dickerson Florida, Inc., and release of retainage pending placement of remaining pavement markings. POTABLE WATER MAIN WEST SIDE OF U.S.1 SOUTH OF OSLO - CHANGE ORDER #1 AND FINAL PAYMENT The Board reviewed memo from the Utilities staff: 41 TO: THRU: TERRANCE G. PINTO DIRECTOR OF UTILI'Y SERVICES FROM: WILLIAM F. McCAIN PROJECTS ENGINEER' DEPARTMENT OF UTILITY SERVICES SUBJECT: POTABLE WATER MAIN IRC PROJECT #UW -87 -03 -DS WEST SIDE OF U.S. HWY. #1 SOUTH OF OSLO ROAD CHANGE ORDER #1 AND FINAL PAYMENT JAMES E. CHANDLER DATE: FEBRUARY 21, 1989 COUNTY ADMINISTRATOR BACKGROUND On August 25, 1988, Coastline Utilities, Inc., started a contract for the construction of water main from Oslo Road on State Road U.S. Hwy. #1 in the amount of $78,522.25. The first partial pay estimate was submitted on October 19th and was subsequently paid in the amount of $69,916.18. We are now coming to the Board of County Commissioners for approval of the final payment on the contract, along with Change Order #1. ANALYSIS Several items were deleted from the contract; i.e., sixty feet of 8" diameter water main and two pipe casing spacers for the jack and bore across U.S. Hwy. #1. We have added to the contract one service connection and several hundred feet of paved driveway restoration. The costs of these changes offset each other so there is no change in the contract price; however, the attached Change Order #1 must be approved so that final payment may be made. RECOMMENDATION The Staff of the Department of Utility Services recommends that the Indian River County Board of County Commissioners approve this attached Change Order and final payment on this contract. Funding for this project is through Customer Assessments, Account No. 471-000-169-036.00. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) approved Change Order #1 for the project described above and approved final payment to Coastline Utilities as recommended by staff. MAR 1989 42 BOOK 76 F',.; t 342 MAR r) 1989 1.9.3. Change Order BOOK �! 6 ENE•� CONSTRUCTION CHANGE ORDER CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE 8 78,522.25 ) DATE /d//8/fi', REVISED CONTRACT PRICE $ 78,522.25 JOB NAME INDIAN RIVER COUNTY PROJECT #UW87-03-DS, POTABLE WATER MAIN WEST SIDE OF U.S.#1, SOUTH OF OLSO ROAD OWNER INDIAN RIVER COUNTY CONTRACTOR: COASTLINE UTILITIES, INC. ORIG. REVISED UNIT ORIG. TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION PRICE UNITS PRICE CHANGE CHANGE PRICE 1 1 1 1. MOBILIZATION LS 1 LS 1 3,000.001 1 -- 1 3,000.00 1 �1 I 1 1 2. 8" DIA. WM 13.9613756 LF [60]1-(837.60]I 51,512.40 1 1 1 3. 6" DIA. WM 10.331 25 LFI 258.251 -- 1 258.25 1 1 1 4. 12" DIA. GATE 100.001 1 EA 1 900.001 -- 1 900.00 VALVE • 1 I 1 I 1 1 1 1 5. 8" DIA GATE 450.001 6 EA 1 2,700.001 -- 1 2,700.00 VALVE 1 1 1 1 1 1 1 6. 6" DIA GATE 320.001 3 EA 1 960.001 1 -- 960.00 VALVE 1 1 I 1 l .p4 1 1 I 1 •',p'� 7 . FIRE HYDRANT I 1302.001 3 EA I 3,906.001 1 3,906.00 I 1. 1 1 8. ROAD BORE W/ 112956.001 LS 112,956.001 -[LS] I-[520.00]1 12,436.00 CARRIER PIPE 1 I 1 1 1 1 I 9. 2" DIA. SHORT I 373.001 4 1 1,492.001 1 1,492.00 SERVICE I I 1 1 1 1 1 10. 1" DIA. SHORT I 280.001 I + 1 I+ 280.00 I 280.00 SERVICE 1 I I I I 1 1 1 1 1 11. RESTORATION 1 LS 1 1+ LS 1+1077.60 1 1,077.60 Paving Driveways $78,522.25 TOTAL $78,522.25 ZERO 43 1.9.3. Change Order (Cont'd) Page 2 of 2 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE $ 78,522.25 DATE 10/18/88 REVISED CONTRACT PRICE a 78,522.25 JOB NAME: INDIAN RIVER COUNTY PROJECT #UW87-03-DS, POTABLE WATER MAIN, WEST SIDE OF U.S. HYW #1, SOUTH OF OSLO ROAD OWNER: INDIAN RIVER COUNTY The amount of the Contract is UNCHANGED. The Contract total including this Change Order will be: Seventy eight thousand, f4ve hundred fifty-two and 25/100 Dollars ($78,522.25 ). The Contract Time provided for Project Completion will be UNCHANGED. This document will become a supplement to the Contract and all provisions will apply hereto. Contractor: Engineer: Owner: Coas line Utilities Inc. Date: /D - 2-1/-cr'or Date: to/ Masteller & Moler Associates, Inc. 27/65 Indian River County Date: - 7^ F7 t R 71989 L 44 BOOK �1 F'{..GE.34 AR °f? 1995 BOOK 76 f'p�E 345 1.11.7. Partial Payment Form PARTIAL PAYMENT ESTIMATE (NUMBER Firm.] Name of Contractor: Name of Owner (Association): COASTLINE UTILITIES, INC. INDIAN RIVER COUNTY Date of Completion: Original 12/15/88 Revised 10/18/88 Description of Job: 'Amount of Contract: (Dates of Estimate: I 1 I Oriainal $ 78, 522.25 'From 9/30/88 1 1 1 Revised $ 78,522.25 'To 12/13/88 Indian River County Project #UW87-03-DS Potable Water Main, West Side of U.S. #1, South of Oslo Road Indian River County, Florida Contract Items :d This Period 1 Total to Date Item 'Quantity Unit 'Unit Price 1 Quan.i Amount 1 Quan.1 Amount 1. 1.0 LS 2. 3690 LF 3. 25 .I0F 4. 1 UNIT 5. 6 UNIT 6. 3 UNIT 7. 3 UNIT 8. 1 LS 9. 4 UNIT 10. 1 Unit 11.. 1 LS Indian River Cul Approved pate Admin. L-27 -S�� Legal 7'f () 11 ,i' Budget ..,11-g11 _ (.6p Risk Mgr. 3,000.00 13.96 10.33 900.00 450.00 _320.00 1,302.00 12,436.00 (520.00) 373.00 280.00 1 280.00 1,077.60 1 1,077.60 45 1.0 $ 3,000.00 3690 51,512.40 25 258.25 1 900.00 6 2,700.00 3 960.00 3 3,906.00 1 12,436.00 4 1,492.00 1 280.00 1 1,077.60 837.60 • $ 78,522.25 Amount This Period Total to Date 1 1 Amount Earned IS R17 60 IS 78,522.25 1 1 Amount Retained 10% 1-7.768.47) Is -0- 1 1 Previous Payments 1 XXXXXXXXXXXXXXXXXXXXXX Is 69,916.18 1 1 Is 8,606.07 is 8,606.07 Amount Due Estimated Percentage of Job Complete 100 % Is Contractor's Construction Progress on Schedule?... NiA. Yes No I hereby certify that I have carefully inspected the work and, as a result of my inspection and to the best of my knowledge and belief, the quantities shown in this estimate are correct and have not been shown in previous estimates and the work ha been performed in accordance with the contract documents. Coastline Utilities, Inc. Masteller & Moler Associates, Inc. (Name of Contractor) (Engineer Firm) B � e� ��, w• By: C,c_f tiia 'Ti; y� � �, � n�P.�'��c LaCretia Burrell, Secretary Earl H. Masteller, P.E. President Date LmDate LZX�.3,/9/9 By: Approved by Indian River County EMERGENCY SERVICES COORDINATING COMMITTEE REPORT Commissioner Eggert wished to inform the Board that the ALS system is working very smoothly. She advised that the E.S.C.C. plans to go to quarterly meetings because Emergency Management Director Wright is having twice a month meetings with staff, and it isn't really necessary for the committee to be doing a lot more. Commissioner Eggert had nothing but high praise for Emergency Management Director Doug Wright, Chief Paramedic Jimmy Judge, and all the Paramedics and Volunteers who are working so hard to make the system work. 46 AM 7 1989 BOOK 76 FACE 34 r BAR % 1999 BOOK 76 wrE3477 RECONSIDER ITEM D OF CONSENT AGENDA - Sheriff's Request to Purchase Equipment from Forfeiture Fund OMB Director Baird advised that Sheriff Dobeck's Business Manager, Ricky Dees, is here and has requested that Item D, which the Board tabled earlier, be reconsidered at this time since they have urgent need of the items listed. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) removed Item D from the table approved earlier. Mr. Dees referred to the following list of equipment: 1. VHF High Band Receiver, Model - Unitel. 210, Catalog /194565, without transmitter $ 3,425.00 ✓ Channel 1, is supplied with the kit and is. scrambled Channel 2, is not supplied with the kit and would mean adding the crystal to the unit $70.00 2. Six (6) Uniden CP 1200 portables for surveillance purposes. Portable so they can be taken out of the county vehicles and put into rental vehicles. St. Lucie, Martin, Palm Beach and Broward counties use them. It is a must for this and future operations with other agencies. We do not have a common channel, in the radios, to work with. Radio channels can be scanned too easily where the portables work off. 100 different channels, making it virtually impossible to scan. The Cost Per Unit Is: State Contract Prices Portables installed $730 each 6 are needed for a total of $4,380.00 Connect Fee per portable (one time charge) $40 each for 6 connections $240.00 Total. (One time expenditure) $5,556.00 ✓ 3. Powershred 120 (high -security) Cross -cut Shredder w/carton of waste bags $830.45 ✓ i 4. One Sanyo CCD Video Camera, Model #VDC 3800 infra red sensitive. Vendor, Jiffy Photo. Cost: $748 Add $519 for Pin Hole Lens. Add $264 for wide angle lens. Sanyo TLC 1400 DC Recorder, Time Lapse, $2,425.00. Total Cost of $3,956.00 V 5. Fivestar 286-12 Computer. $5,870.00 ✓ 1 MB memo, 1.2 MB floppy. enhanced kbd, 40 MB hard drive, EGA card, EGA monitor, 1200 baud internal modem. This piece of equipment is necessary for tracking information and analysis of on-going investigations. 6. BARTEC SLAVE, Model DLP -11 $600.00 each for a total of $1,200.00. TOTAL $.20,-937145: 2 83z:45 47 Commissioner Bowman asked if they have eliminated the $70.00 for the crystal, and Mr. Dees advised that the only amounts to be added to reach the total of $20,837.45 are those that are checked. He stressed that they need to buy these items as soon as possible. OMB Director Baird confirmed that these are capital items, and, therefore, they can use the drug forfeiture money for them. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) approved the purchase of the equipment listed above from the Forfeiture Trust Fund. NORTH COUNTY FIRE The Chairman announced that immediately upon adjournment the Board will reconvene acting as the District Board of Fire Commis- sioners of the North Indian River County Fire District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:55 o'clock A.M. ATTEST: Clerk AR "60 48 BOCK 76 PAU 348 Tuesday, March 14, 1989 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 14, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler requested the addition to today's Agenda of a County Correctional Planning Committee report, and Commissioner Bird requested the addition of a brief Parks & Recreation Committee report. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. CONSENT AGENDA Commissioner Bowman requested that Items A and I be removed from the Consent Agenda for discussion, and Commissioner Scurlock requested that Items C and F be removed also. MAR 1 4 1989 BOOK MAR 141989 BOOK /6 PAGE 350 A. Approval of Minutes of Regular Meeting of 2/21/89 Chairman Wheeler asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 21, 1989. Commissioner Bowman felt the Motion on Sea Oaks on page 45 was not clear, and Commissioner Scurlock stated that the intent of the Motion was to get planting materials of a higher height to put into the cross -hatched area. Commissioner Bowman requested that the Motion be clarified to read: "a proposed list of planting material that would grow to a little higher height, i.e., 3-4' above the ground level, to be added in the cross -hatched areas. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of the Regular Meeting of 2/21/89, as clarified. B. Received and Placed on File in the Office of the Clerk to the Board 1) Fellsmere Water Control District Minutes of Board of Supervisors Meeting for FY 1987-88; Oct. 1, 1987 to Sept. 20, 1988 2) FY 1987-88 Auditor's Reports as follows: a) IR Memorial Hospital, Inc. & Subsidiaries; b) IRC Hospital District & IR Memorial Hospital, Inc. and Subsidiaries Combined; and 3) IRC Hospital District. C. A pointments to Code Enforcement Board The Board reviewed the following memos dated 3/14/89: MEMORANDUM TO: Board of County Commissioners FROM: Commissioner Carolyn K. Eggert DATE: March 14, 1989 SUBJECT: Code Enforcement Board Please approve the appointment of Karl L. Zimmermann as the At -Large member of the Code Enforcement Board to replace Edna S. Craven, whose term expires March 31, 1989. MEMORANDUM TO: Board of County Commissioners FROM: Commissioner Gary C. Wheeler DATE: March 14, 1989 SUBJECT: Code Enforcement Board Please accept my recommendation to appoint Ralph J. Simeone to serve as a new member of the Code Enforcement Board. He will be replacing Calphrey B. Streetman whose term expires March 31, 1989. Commissioner Scurlock advised that he hadn't seen any of the other resumes regarding this appointment, and understood that this appointment was for a member -at -large. He felt that policy has been that each Commissioner appoints a member from his district, and the entire Board appoints two members at large. Commissioner Eggert noted that all the resumes were placed on file with Board Secretary Jan Masi and were available to all Commissioners. Commissioner Scurlock wished to•table this appointment until after he has an opportunity to look over all the resumes, and Chairman Wheeler stated that he was not adverse to tabling his request of the appointment of Ralph J. Simeone. Attorney Vitunac advised that in the meantime he would check with Mrs. Masi on what has happened in the past regarding the composition of the Code Enforcement Board. ON MOTION by. Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously tabled the above appointments until the Meeting of March 21, 1989. 3 MAR 141989 BOOK f76 F CL 0351 AR 14 i989 BOOK D. Report - Occupational Licenses The Board reviewed the following memo dated 3/2/89: MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE:. March 2, 1989 76 FADE • 54 - Pursuant to Indian River County Ordinance No. 86-59, please be informed that $14,096.53 was collected in occupational license taxes during the month of February 1989, representing the issuance of 281 licenses. • Gene E. Morris, Tax Collector ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously accepted the above report from Tax Collector Gene E. Morris. E. Approval of Out -of -County Travel ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved out -of -county travel for Chairman Wheeler to attend Florida Assoc. of Court Clerk's Conference in Tampa on March 16, 1989. F. Budget Amendment to Reflect Salary Increase Effect on Overtime in the Sheriff's Department The Board reviewed the following memo dated 3/8/89: 4 TO: Members of the Board of County Commissioners DATE: March 8, 1989 SUBJECT: BUDGET AMENDMENT - SHERIFF'S DEPT. TO REFLECT SALARY INCREASE AFFECT ON OVERTIME CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS On January 24, 1989 the Board of County Commissioners approved budget amendment 035 for the annual salary increases. Included in the budget amendment was salary adjustments for the Sheriff's Department. The adjustment done on January 24, 1989 did not take into consideration theeffect that the salary increase would have on overtime expenses; therefore, the Sheriff's Department is requesting an additional $62,020.00. ANALYSIS The staff in the Office of Management and Budget has verified the request and feel that the $62,020.00 request is reasonable. After budget amendment 035 there was only $48,332.00 remaining in the General Fund Salary/Reserves. The remaining difference of $13,688.00 will have to be taken from the General Fund/Reserve for Contingencies. RECOMMENDATION Staff recommends the Board of County Commissioners approve budget amendment. . Commissioner Scurlock questioned whether we should be going into the general contingency funds without first looking at 0 whether there are funds available in the Sheriff's salary account. SR 1 4 198 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board approve staff's recommendation subject to review by OMB Director Joe Baird as to whether funds will come from the general contingencies fund or the Sheriff's salary fund. 5 BOOK RIAR 1 4 1989 BOOK 16 PLACE 354 Under discussion, Director Baird advised that he would look into the matter and get back to the Board. He noted that he had checked the calculations, and they are correct. Chairman Wheeler understood that at the end of the year the Sheriff returns the funds remaining in the salary account for positions that were budgeted but not filled. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. G. Budget Amendment #059 - Youth Guidance The Board reviewed the following memo dated 3/8/89: TO: Members of the Board of County Commissioners DATE: March 8, 1989 SUBJECT: BUDGET AMENDMENT 059 — YOUTH GUIDANCE CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The Board of County Commissioners for the 1988/89 fiscal year budgeted a $20,000 revenue from United Way which was to offset the expenses of the Youth Guidance Department. We have been informed that the County will receive $21,000 from the United Way and the Youth Guidance Department would like to use the additional $1,000 to increase services. The increase in services will require staff to be paid additional overtime. Per the attached budget amendment the overtime line item and affiliated costs of benefits are increased within the Youth Guidance Departments budget. RECOMMENDATION Staff recommends the Board of County Commissioners approve budget amendment 059. 6 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment #059 as set out in the above memo. TO: Members of the Board of County Commissioners FROM: Joseph A. Bairtk OMB Director Entry Number 1. SUBJECT: BUDGET AMENDMENT NUMBER: 059 DATE: March 8..1989 Funds/Department/Account Name REVENUE Account Number Increase Decrease GENERAL FUND United Way Contributions 001-000-366-091.00 $1,000.00 0 EXPENSE GENERAL FUND/Youth Guidance Overtime Social Security FL Retirement 001-213-523-011.14 $ 820.00 0 0 0 001-213-523-012.11 $ 62.00 $ 001-213-523-012.12 $ 118.00 $ H. Release of County Liens The Board reviewed the following memo dated 3/2/89: TO: Board of County Commissioners DG FROM: Lea R. Keller, County Attorney's Office DATE: March 2, 1989 RE: CONSENT AGENDA - BCC MEETING 3/14/89 RELEASE COUNTY LIENS I have prepared the following lien releases and request the Board authorize the Chairman to execute them: Lot 5 of ST. CHRISTOPHER HARBOR, in the name of KATHERINE W. RULE Lot 33 of KINGSWOOD ESTATES, in the name of FRANK SCHLITT Lot 25 of OLD SUGAR MILL ESTATES, in the name of RALPH W. SEXTON, CHARLES R. SEXTON, AND JOHN R. TRIPSON, AS TRUSTEES OF TRUST "B" UNDER THE WILL OF WALDO E. SEXTON, deceased, 7 MAR 14 1989 BOOK 76 FALL 355 W1AR 141999 ON MOTION by Commissioner the Chairman above. BOOK 76 FA.cE 356 Commissioner Scurlock, SECONDED by Bird, the Board unanimously authorized to execute the Release of Liens listed COPIES OF SAID RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD I. IRC Bid #89-46 - Chain Link Fence Installation for Washington Park, Fellsmere The Board reviewed the following memo dated 3/6/89: DATE: MARCH 6, 1989 TO: BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT: INDIAN RIVER COUNTY BID NUMBER 89-46 CHAIN LINK FENCE INSTALLATION FOR WASHINGTON PARK FELLSMERE BACKGROUND: Bids were received Wednesday, February 15, 1989 for Indian River County Bid Number 89-46, Chain Link Fence for the Public Works Department. Five (5) invitations were sent out, one (1) was received. ANALYSIS: The single bid was submitted by Adron Fence, Okeechobee, Florida in the amount of $4,314.57. FUNDING: There is $4,000.00 budgeted in Account #004-108-572-066.39 for this project. Staff recommends transfer of $-3-1-4,57 from the Operating funds to accommodate the deficit. RECOMMENDATION: -N309, 1( Staff recommends the award of a fixed contract for $4 to the single bidder Adron Fence. 8 Commissioner Bowman pointed out that a mathematical error was made in multiplying 592 linear feet by $7.28. The amount of the bid should be $4,309.76 instead of $4,314.57, and the amount to be transferred from the Operating funds should be $309.76 instead of $314.57. General Services Director Sonny Dean explained that these were the contractor's figures, but the Commissioners felt very strongly that someone should check the figures when they are received. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded IRC Bid #89-46 to the single bidder Adron Fence in the form of a fixed contract in the amount of $4,309.76, and authorized the transfer of $309.76 from the Operating funds to accommodate the deficit. J. IRC Bid #89-50, Fertilizer 15-5-15 The Board reviewed the following memo dated 3/2/89: DATE: March 2, 1989 TD: Board of County Coatmissioners TWTJ: James E. Chandler, County '•' •.strator H.T. "Sonny" Dean, Director, Department of General S FIa :_.Dominick L. Mascola, CPO Manager Division of Purchasing EMT: IRC Bid No. 89-50 Fertilizer 15-5-15 BAC[CG OUND The subject bid for Sandridge Golf Course was properly advertised and ten (10) invitations were sent out. On March 1, 1989 bids were received. Seven (7) contractors submitted proposals for the project. 9 41999 LIAR 1 BOOK f • .c MAR 14 1989 ANALYSIS: Staff has reviewed the submittals to ascertain adherence to specifications. Marcio/Seminole was the low bidder and net all the requirements. BOOK 76 fgE. 58 FUNDING: Monies for this project will come from Acct. No. #418-221-572-035.37 Total budgeted funds is $20,845.00. RECOMMENDATION: Staff recommends the award of a fixed contract for $4,108.48 to the low bidder Marcio/Seminole for the subject' project. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded iRC Bid #89-50 to the low bidder Marcio/Seminole in the form of a fixed contract for $4,108.48, as recommended by staff. • BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION . 310 NO. 89-50 DATE OF OPENING 3-1-89 o i W *v= cc i �� z �'� 86• BID TITLE Fertilizer -15-5-15 !TEN DESCRIPTION PNCE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE IRIIT • NQ / Seminole $4,10848 • . ' t.Larcio 2. Estech Co. 54120 80 • - $43h1+ nn • 3 Calf Vpnturna 4. Yheller Inc.S4448 Inr Co. 00 544Sa 17 s Howard Fertilizer 5. 1462,3 nn A Diamond Fort1117or• 7. Terra International $5170 40 8. Helena Chemical . N/B • 9. Asgraw Of Florida_ N/B• 10 PUBLIC DISCUSSION REGARDING PROPOSED CLOSING OF 134TH STREET IN ROSELAND AND SCHEDULING A PUBLIC HEARING FOR SAME The Board reviewed the following memo dated 3/8/89: TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT :Public Hearing for the Paving of 134th Street in Roseland DATE: March 8, 1989 Description and Conditions During the December 13, 1988 meeting of the Board of County Commissioners, Staff was authorized to place the paving of 134th Street from Roseland Road to the San Sebastian Catholic Church on the County's Petition Paving program list and to schedule a public hearing for the paving as the project moves up to the top of the list. Staff currently has approximately twenty (20) projects on the list, and the procedure has been to schedule public hearings on a first come/first serve basis. At the January 11, 1989 Transportation Planning Committee Meeting, representatives from the church requested that the paving of 134th Street be moved to the top of the list. The Committee approved a motion "that this project be set for a public hearing with all possible haste." It is my understanding that the property owners along 134th Street do not want the road open even if it were closed when the church is not having services. Nor do they want the road paved. Alternatives and Analysis The alternatives are as follows: Alternative No. 1 Keep the project on the petition paving list it its present position and schedule the public hearing in its proper sequence. It may take staff eighteen (18) months to bring the project to public hearing. Alternative No. 2 Move the project up to the top of the list and schedule a public hearing in late April, 1989. Recommendation Staff is concerned that it would not be petitioners to wait for their road to be responds to more recent projects. Some since 1986. Staff recommends Alternative 11 Mh. AS 1 4 1989 fair to require other paved while the County petitions have been in No. 1. BOOK 6 FPGi:359 MAR 14 1989 BOOK 76 PAGE 360 Public Works Director Jim Davis presented a petition signed by 42 Roseland residents opposed to the opening of the south end of 134th street (dead end road) at Saint Sebastian Catholic Church property line. (PETITION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD). Staff has looked at moving this project to the top of the list of approximately 20 paving projects, which are mostly voluntary petitions, but staff does not feel it would be fair for other petitioners to wait for their roads to be paved while the County responds to a more recent project. Staff is recommending that this project stay in sequence. Commissioner Scurlock emphasized that petition paving has been one of the County's most successful programs, but understood that it is taking 2-3 years to get to these projects done. He urged staff to again look at every possibility in terms of going outside for engineering and contracting services so that we can get to the projects that are waiting in a more timely manner. Administrator Chandler advised that he and Director Davis have been working on this matter and will be coming before the Board shortly with some recommendations. Director Davis explained that the proposed project is in response to the parishioners wanting the road opened and this Board's decision that the road would have to be paved if it was to be opened. The project would entail paving 6/10ths of a mile at a projected total cost of $30,000-$40,000. The church has indicated that they would be willing to fund $10,000 of the paving costs. However, he understood that even with the $10,000 donation from the church, the neighbors have indicated that they don't want the street opened or paved. Commissioner Bowman asked what it would cost to have a light installed out on U.S. #1 that would function only during church hours. Director Davis did not believe the DOT would permit a light on U.S. #1. If they did, he estimated a light would cost approx- imately $30,000-$40,000. 12 Chairman Wheeler asked if anyone wished to be heard in this matter. Ross Phillips, spokesman for the residents opposed to the opening of 134th Street to U.S. #1, stated that they would like the road paved, but do not want the street opened out to U.S. #1. They would like the whole area paved because it would upgrade their property, and splitting the cost of $40,000 amongst them would not be a problem, but they are not willing to have the church abuse their roads. The parishioners want to use 134th Street as a back driveway to get out onto U.S. #1 more easily because of the light there. Mr. Ross understood their problem, but felt that the site plan they developed for their church is improper. The church needs 2 driveways or a light, or something. They cannot get across U.S. #1 to go left. He pointed out that the church is actually in Sebastian, not the County, which is why the residents of 134th Street came to the County in the first place with a petition to have it closed. He estimated that on Saturday evenings and Sunday mornings there were 4800 vehicles going down their streets. The traffic was unbearable, and that is why they asked for the road to be closed. Henry J. Dolan, 444 Ponoka Street, Sebastian, hoped that this issue would be fairly and equally resolved this morning. To put the matter into perspective and to better understand the impact of the closure on the church parishioners, he wished to give some further background. Saint Sebastian has 850 registered families and, together with the seasonal visitors, the church provides religious services to over 2000 individuals weekly. This necessitates parking facilities for over 400 vehicles, and orderly exit from the church grounds, even in the summer, has been troublesome. Their primary egress is a single lane to U.S. #1, which requires extreme caution while entering the flow of traffic on U.S. #1. The parish recently spent $19,000 in an effort to improve safety and to expedite the traffic onto U.S. #1. They added a deceleration lane, an additional turning lane, 13 L MAR 14 1989 Boa 76 f',iCc 301 Ick 14 1989 F � BOOK 76 F';E .J and improvements to the access lane on southbound U.S. #1. Unfortunately, the desired result of improved safety and traffic flow was negated by the closure of 134th Street, which was their secondary means of egress. The closure has proved a hardship for their elderly parishioners, who because of their reduced visual perception and reflexes, chose 134th Street to access to U.S. # at a traffic controlled intersection. The diverted volume of traffic from the 134th Street egress to U.S. #1 exit has added substantially to the already serious problems, and delays of 45 minutes to exit the church grounds are common. Mr. Dolan explained that this all came about after Father LeSage, the pastor of Saint Sebastian Catholic Church, received a letter dated May 9, 1988 from Public Works Director Jim Davis advising him that during the April 26th meeting of the Board of Commissioners, the Board had requested staff to meet with Father LeSage to discuss the church's willingness to assist in funding the paving of 134th Street from the church property to Roseland Road. Mr. Dolan read aloud the following letter of reply dated November 22, 1988: November 22, 1988 Mr. James W. Davis, P. E. Public Works Director Board of County Commissioners 1840 - 25th Street Vero Beach, FL 32960 Dear Mr. Davis: Thank you for the opportunity to meet with you this past Friday. It was most informative. This is a follow-up letter in regard to what we discussed *. the paving of 134th Street. St. Sebastian Parish would benefit from the paving of that street. That being the case, the pariah would be willing to contribute $10,000.00 (ten thousand dollars) towards its construction. Iitvould like to request that you present this offer to the Board of Commissioners. As we also discussed, the parish would expect that the pre- sent barricade at the end of 134th Str.ret would then be re- moved. We would then have constructed a suitable barracade that would limit access to the Church property, except for certain designated time periods. This'structure would meet all safety regulations of the City of liebastian and Indain River County. If there is any further information you need from the Church, please let me know. Kindly keep me inprmed as to the pro- gress of this project. Sincerely yours, (Rev.) Joseph V. LeSage, Pastor St. Sebastian Catholic Church 14 In conclusion, Mr. Dolan respectfully requested the Board to give consideration to the paving of 134th Street and the removal of the barricade at the end of 134th Street. In addition, he asked that consideration be given to a controlled barricade which would provide limited use of 134th Street for approximately 10 hours a week. Commissioner Eggert asked why the Sebastian Police weren't continuing to handle the traffic on Saturdays and Sundays, and Mr. Dolan explained that during the time the road improvements were being made, the Sebastian Police Department provided two officers to help people get out onto U.S. #1. However, after the improvements were made, they said it would be a burden to continue to provide two officers, and two officers were necessary at that location. Commissioner Eggert asked if they had made any attempt to hire any off-duty officers, and Mr. Dolan explained that there was the problem of insurance, etc. Commissioner Scurlock understood that the road is now blocked off and there are some people who are trying to get around the barricade, but Director Davis believed that instead of trying to get around the barricade, some people are parking prior to the barricade and just walking over to the church. Chairman Wheeler pointed out that the purpose of today's meeting is just to determine whether to set a public hearing date. Commissioner Scurlock asked if the County would be liable for anything that happened on U.S. #1 if the church sued us for not providing a safe or safer access, and Attorney Vitunac advised that if we put up an improper stop sign or traffic control device, we would be liable for that, but we would be totally immune from liability on a decision to open or close a road. 141989 15 BOOK 76 f',,G1-.363 t 1419$9 UDOK 76 OCE 364 Discussion continued regarding other solutions for exiting the church grounds, and Chairman Wheeler repeated that we are getting into considerations that should be addressed at a public hearing. Returning to the question of paving the road, Commissioner Scurlock believed we would be setting a dangerous precedent if we start leap frogging some projects over others. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, that the Board approve staff's recommendation of Alternative #1, which is to keep the paving in its proper sequence and schedule a public hearing in its regular order. Under discussion, Commissioner Bowman didn't see any listing of this project, and Director Davis advised that he has an updated list that does show the project. Commissioner Scurlock asked why the list would show the project if the Board hasn't approved it yet, and Director Davis explained that it was approved on December 13, 1988, when the Board directed staff to put it on the petition paving list in its proper position. We do not have a valid petition, however. The only petition we have received is the one that was introduced into the record at the beginning of this discussion, and that is a petition opposing the opening of 134th Street. Commissioner Bird asked if all of our petition paving projects have been on streets that allowed free public access, and Director Davis advised that most of our projects have been on public maintained streets. We have done some work on two private roads, but those assessments were at 100% instead of 75%. Both of those roads were dedicated and remain open. Commissioner Scurlock understood then that the residents want Ihe street paved with limited access and use, and Director 16 Davis said that is what he is hearing today; previously, he heard that they didn't want it opened or paved. Commissioner Scurlock recalled that back in December, the Board's only question about limiting the use was that the road was unpaved. In the original discussion, the Board said to put the barricade there only because an unpaved road cannot bear that amount of traffic. Mr. Phillips advised that they would rather not have the road paved than to have that traffic. Chairman Wheeler broke into some heated debate on whether the road should be paved, and emphasized that these questions will be addressed at a public hearing. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. A parishioner, who did not give his name, didn't think it was fair for the barricade to remain in place until such time that a public hearing is held. Mr. Dolan asked if there is a timeframe on the public hearing, and Commissioner Eggert said that it would be 18 months before the paving comes:up for a Public Hearing. Commissioner Scurlock pointed out that we could schedule a public hearing at anytime, and if the paving was approved, it could go on the list in its normal order and everyone would know where they stood. Commissioner Bird didn't feel that we should schedule a public hearing until we have a valid petition, or for that matter, that the project should be on the paving list until then. From what he is hearing from the residents today, it looks like the residents will not submit a petition. He felt the question of the barricade can be debated at some other meeting if the Board decided to schedule it. 17 MAR 1 4 1989 BOOK305 i\v/iAR 14 1989 BOOK 76 FA,;E 366 Attorney Vitunac advised that the public hearing is held only after several resolutions have been passed. Once the paving project gets to the top of the list. the public hearing would not be held for 18 months. However, the Board could decide to have a public hearing to reach a determination of whether to even put it on the list. Commissioner Eggert appreciated the concern over the barricades, but did not feel that is what the Commission was asked to consider today. Commissioner Wheeler felt the question of whether it is on the petition paving project needs to be addressed by Director Davis through normal procedures, and the Commissioners indicated their agreement. Commissioner Bowman pointed out that is what happens when you have poor planning, and suggested that perhaps we ought to kick this right back to the City of Sebastian and let them solve the problem. It was the pleasure of the Commission to move on to the next agenda item as they did not feel a solution could be found today. PUBLIC HEARING - CONTINUATION OF HEARING FROM 2128/89 DEVELOPMENT ORDER FOR HARBOR TOWN CENTER D.R.I. The Board reviewed the following memo dated 3/8/89: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M M. 07, t ng ICP Community Deve op ent Director FROM:Stan Boling, 'AICP Chief, Current Development DATE: March 8, 1989 SUBJECT: REVISED DEVELOPMENT ORDER FOR THE HARBOR TOWN CENTER D.R.I. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 14, 1989. 18 BACKGROUND AND CONDITIONS: At its regular meeting of February 28, 1989 the Board of County Commissioners voted unanimously to "conceptually" approve the Harbor Town Center development order (D.O.) subject to some language changes to be finalized and approved at the March 14, 1989 Board meeting. Taking into consideration the concerns and ideas expressed by the Board at the February 28th meeting, staff researched alternatives and produced several "working draft" iterations that were reviewed and commented upon internally and by the applicant and its agents. Staff now proposes revisions to the D.O. ANALYSIS AND ALTERNATIVES Although the Board discussed and clarified several items within the D.O. regarding landscaping/open space, bumper stops, drainage, utilities, and fire protection, it was concluded that only two issues needed to be more adequately addressed via revisions to the D.O. These two areas relate to stormwater discharge and construc- tion deadlines. °Stormwater Discharge Although the ADA includes an acknowledgement by the applicant that the project is not within the Indian River Farms Water Control District and that the project cannot legally and will not dis- charge stormwater into the North Relief Canal, nothing in the originally proposed D.O. specifically prohibited discharge into the Canal. (It was verified by the Public Works director that the developer may be able to obtain a legal positive outfall to the Indian River, with all applicable stormwater quality standards being met.) To ensure that the project will not discharge stormwater into the North Relief Canal, staff proposes the following sentence be added to the beginning of condition #12 of the D.O.: "No stormwater shall be discharged from the site into the North Relief Canal." °Construction Deadlines The originally proposed D.O. established three construction deadlines: a three-year (1992) deadline for commencement of any portion of the project; a December 31, 1993 deadline for commencement of the mall; and an estimated December 31,. 1996 deadline for total project completion. The Board expressed the desire to specifically ensure reasonable construction progress of the mall and to ensure that development of the commercial out - parcels outside of the area along U.S. #1 currently zoned commercial did not precede development of the mall. Staff proposes a complete "re -write" of condition #2, which provides for the following: 1. a three-year deadline for commencement of construction for some portion of the project: either an outparcel/residential area or the mall [Condition 2.a.] (NOTE: in staff's opinion, only a minimal amount of outparcel development should be required within this condition: extensive outparcel development should not be encouraged early on in the pro- ject's development); 19 ElOOK WAR 14 98 AR 1 4 1989 BQO 76 Fa�E 368 2. development of the residential area or the commercial out - parcels located within the current commercially zoned area along U.S. #1 prior to commencement of mall construction [condition 2.b.1]; 3. a prohibition on issuing building permits for construction on commercial outparcels located outside of the currently commercially zoned area prior to completion of at least 50% of the mall's foundation system [condition 2.b.2.]; 4. a December 31, 1993 deadline for commencement of mall con- struction for at least 320,000 square feet of building area [condition 2.c.1.]; 5. a 210 day maximum time period for the completion of the mall foundation system from the date mall construction begins, whatever the date may be [condition 2.c.2.1; and 6. a 24 month maximum time period for the completion of the mall foundation, exterior walls, and roof from the date mall construction begins, whatever the date may be [condition 2.c.3.] . All numbers used in the revised conditions were derived from staff research and input from the developer. °Alternatives The revised D.O. puts no construction progress deadlines on the outparcel development. It is staff's feeling that the Board is concerned with timely construction of the mall: it is not essential that outparcel development proceed any differently than required by existing County ordinances and codes. If the Board desires construction progress deadlines for the outparcels, foundation element and/or "shell" construction deadlines can be included, worded similarly to the deadline conditions relating to the mall. The revised D.O. places two progress deadlines on mall construction: a foundation element deadline (condition c.2.) and a "shell" construction deadline (condition c.3). The developer does not prefer the foundation element deadline but has stated that if such a deadline is desired by the County, the 210 day time period allowed would be sufficientand reasonable. If the Board determines that the "shell" construction deadline "alone provides adequate assurance of mall construction progress, then condition c.2. (the foundation completion deadline) could be deleted altogether. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the revised development order. 20 Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. Steve Henderson, attorney representing the developer, requested that this Public Hearing be tabled again until the meeting of March 28, 1989 to give them an opportunity to work with staff on two paragraphs of the revised Development Order. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously tabled this Public Hearing until 9:05 o'clock A.M. on March 28, 1989. PUBLIC HEARING - ORDINANCE ADOPTING A SPECIAL SURCHARGE RATE FOR BREEZY VILLAGE WATER & SEWER 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 in the matter of lead in the _ Court, was pub - fished in said newspaper in the issues of i �! /fff Affiant further says That the said Vero Beach Press -Journal is a newspaper published al Vero Beach. in sajd 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 o1 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 me thisq/1L day � (SEAL) MAR 14 °Si (J` tgy 0 (Business Ma AO' ` (Clerk-of-the•Gireull•tourt tmllarrRtver-Eeu 1y�71eride► . - PUBLIC NOTICE • The Board of County Commissioners of Indian ` River Cowry, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 A.M. on March 14, 1989, to discuss a proposed ordl- nance relating to Indian River County entitled. AN ORDINANCEOF INDIAN RIVER COUNTY FLORIDA, ADOPTING A SPECIAL SURCHARGE' RATE FOR THE PROVISION OF WATER AND SEWER. SERVICES BY THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT TO THE CUSTOMERS IN THE AREA FORMERLY SERVED BY THE BREEZY VILLAGE SEWER AND WATER COMPANY. Anyone who may wish to appeal any decision wensure thm atba verbatimt thrmdde01g will need to the proceed- ings -Ings Is made, which includes testimony and evi- dence upon which the appeal Is based. . Feb. 21, 1989 21 800K 76 f LE: 369 MAR 14 1989 BOOK 76 F'$GE3 370 Administrative Asst. Liz Forlani read the beginning of the proposed ordinance, to wit: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SPECIAL SURCHARGE RATE FOR THE PROVISION OF WATER AND SEWER SERVICES BY THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT TO THE CUSTOMERS IN THE AREA FORMERLY SERVED BY THE BREEZY VILLAGE SEWER AND WATER COMPANY. Attorney Vitunac advised that staff is recommending that the effective date under Section 111 of the proposed ordinance be moved up from June 1, 1989 to April 1, 1989. The closing has moved very fast on this, and the residents wouldn't be affected because their rate still will be lower than what they were paying under the old franchise. Utilities Director Terry Pinto explained that the surcharge is actually less than the $15 maximum specified in the ordinance, and is an overall reduction in the rates that people are currently paying. Commissioner Scurlock felt this was great. We acquire a system; the rest of the taypayers don't pay for it because we don't tax; the rate payer doesn't pay because we are not subsidizing it; and we take out another 2-3 package systems. Attorney Vitunac felt that in 3-4 years the rate will be even less, but Commissioner Scurlock didn't expect it to drop, but did feel we wouldn't see an increase. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 89-10, adopting a special surcharge rate for the provision of water and sewer services by the Indian River County Utilities Dept. to the customers in the area formerly served by the Breezy Village Sewer and Water Company, effective April 1, 1989. 22 ORDINANCE NO. 89- 10 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SPECIAL SURCHARGE RATE FOR THE PROVISION OF WATER AND SEWER SERVICES BY THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT TO THE CUSTOMERS IN THE AREA FORMERLY SERVED BY THE BREEZY VILLAGE SEWER AND WATER COMPANY. BE IT ORDAINED by Indian River County, acting through its Board of County Commissioners, that: SECTION 1. SURCHARGE ESTABLISHED There is hereby established a special surcharge on the monthly water utility bill of the customers of the former Breezy Village Sewer and Water Company franchise territory which surcharge shall not exceed an additional $15 per month per equivalent residential unit (ERU) over and above the County water and sewer utility rate. SECTION 2. SURCHARGE LIMITS The surcharge shall be in effect until the acquisition costs of the purchase of the Breezy Village Sewer and Water Company have been recouped. SECTION 3. BEGINNING DATE •The surcharge shall begin in April for bills rendered on or after April 1, 1989. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 14th day of March , 1989. This ordinance was advertised in the Vero Beach Press Journal on the 21st day of February 1989 for a public hearing to be held on the 14th day of March 1989, at which time it was moved for adoption by Commissioner Scurlock seconded by Commissioner Eggert UR 141989 , and adopted by the following vote: 23 Poor 76 Du Attest: BOOK. Ordinance NO. 89-10 Chairman Gary C. Wheeler Vice Chairman Carolyn K. Eggert Commissioner Don C. Scurlock, Jr. Commissioner Richard N. Bird Commissioner Margaret C. Bowman Aye Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Gary , Wheeler Chair an APPROVAL OF OUT-OF-STATE TRAVEL TO CHECK OUT DETENTION ELECTRONICS/ COMPUTER SYSTEM LOCATED IN RENO, NEVADA The Board reviewed the following memo dated 3/8/89: TO: James Chandler DATE: March 8. 1989 FILE: County Administrator FROM: Approval of Travel for SUBJECT: Appropriate Staff and Com- missioner(s) to Review Detention Electronics/Computer Based System at Reno, Nevada Doug Wright, Director REFERENCES: Phase III Project Manager Indian River County Jail It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commission- ers at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS Indian River County has paid Frizzell Architects $18,840 to date for Buford Goff & Associates to design a detention electronics system that will interface with Phase I and II electronics of the detention facility. There has been major problems with the detention electronics up to this point and the County is preparing to enter into litigation with the Phase II general contractor and architect over this issue. 24 Buford Goff & Associates have designed a system which is micropro- cessor based and PC controlled that will interface with existing detention electronics. The new proposed systems is identified as a Process Logic Controller (PLC) which will load and control all new and existing detention electronics. Staff would like to review a similar system in operation to examine the operational ability of this systems integration approach to detention electronics prior to bidding. ALTERNATIVES AND ANALYSIS The Phase III Project Manager, alerted the Board of County Com- missioners relative to concern about the detention electronics which had been designed during the presentation by Frizzell Archi- tects on December 6, 1988. Frizzell Architects advises that this state-of-the-art system is in place and operational in Washo County,.. Nevada, and no other similar system is available for review and observation within closer proximity to Indian River County. The Project Manager does not question the expertise of Buford Goff & Associates to design the detention electronics system. It is a concern as to whether this system will integrate with the existing Phase I and II systems and that the proposed system will function operationally to the level of service required in the maximum security environment at a minimum of expense. Expenses incurred in traveling to review the Process Logic Controller System would be approximately $600 per person which includes air fare and per diem expenses. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the travel for the appropriate Commissioner(s) and appropriate staff to visit the detention facility at Washo County, Nevada, to review and examine the Process Logic Controller System currently in operation. Funding for the travel is available from the Phase III Construction Fund per the Budget Director. Staff also recommends that the County Administrator be authorized to approve the appropriate county staff which would travel for the purpose referenced above. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board approve staff's recommendation. Under discussion, Commissioner Bird realized what a problem the detention electronics have been in our existing facility and how concerned we are that we don't make this mistake again, but questioned whether a layman is going to learn anything by just going out there and looking at a system that is so sophisticated. 25 MAR 1 4 1989 i989 o BOOK. rAGE 374 Chairman Wheeler believed it is worthwhile to talk directly with the people who are actually working with the system, because they are more apt to give a better picture of how well their system works. Commissioner Bowman felt it wasn't much of a recommendation that there is only one of these systems in operation in the country. Doug Wright, Project Manager for Phase II of the Jail, advised that there is another system in operation in Tennessee, but it is not in a detention setting. He emphasized that they are not going there to look at it from the technical side, but rather from an operational standpoint, and Commissioner Scurlock agreed that the man who is working with the system every day is the one who is going to give us the most insight into it. The consultants have recommended the system, but we should see how it works before we purchase it. Commissioner Bowman preferred to know that there were more than two of these systems in operation, and was concerned that we might be a guinea pig. Director Wright was concerned that if we took the consultant's recommendation for this amount of money and it didn't work out, he would have to come back in here and explain to the Board why we didn't go out and look at it before we purchased it. Commissioner Scurlock felt that rather than going to something that is so fancy, we should go to something that has worked and has been around for 5 or 6 years, meets the DOC standards, and has a stable supplier. Director Wright noted that the architect specifically hired this particular consultant for his vast experience in designing these type of systems. Administrator Chandler believed the key issue is to find a system to integrate the existing systems in Phase I and Phase I1, and felt there would be a need for someone from Emergency Management 26 and someone from the detention system to go out there and take a look at this system to see if we can integrate our existing systems without going back and replacing everything. Commissioner Bird asked who would be going and when, and Director Wright explained that he left that decision to the discretion of the County Administrator. He was not sure that even he needed to go, and perhaps someone with more hands on experience would be more appropriate. He felt very strongly, however, that someone needs to look at this system which has been in operation for one year. Chairman Wheeler agreed that we have to look at all the alternatives and options. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. RESOLUTION APPROVING THE INDIAN RIVER COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN The Board reviewed the following memo dated 3/6/89: TO: James Chandler County Administrator FROM: DATE: March 6, 1989 FILE: Approval of Indian River SUBJECT: County Emergency Plan for Hazardous Materials and Resolution per Title III of the Superfund Amendments and Reauthorization Act of 1986 Doug Wright, Director REFERENCES:Florida Hazardous Materials Emergency Response and Emergency Management Services Community Right -To -Know Act of 1988, Chapter 88-200 Laws of Florida It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular meeting. 27 MAR 14 1989 BOOK 76 wF3 1 5 MAR 1 19 S. DESCRIPTION AND CONDITIONS BOOK 76 rtaf'E 376 On October 17, 1986, the Superfund Amendments and Reauthorization Act of 1986 (SARA) was enacted into law. One part of the new SARA .legislation is Title III; "The Emergency Planning and Community Right -To -Know Act." The law establishes requirements for federal, state, and local governments as well as industry regarding emergency planning and reporting on hazardous/toxic chemicals. The federal legislation was passed into law without any funding to state or local governments for implementation. Pursuant to the law, the State of Florida appointed a State Emergency Response Commission who in turn appointed members of the District 10 Local Emergency Planning Committee. The State Emergency Response Commission deter- mined that the LEPC's should follow the boundaries of the respective Regional Planning Council in each area of the State. In that vein, Indian River, Martin, St. Lucie, and Palm Beach Counties are within District 10. The State Emergency Reponse Commission also recommended the needed legislation for funding to the State Legislature who in turn passed the landmark state law known as the Florida Hazardous Materials Emer- gency Response and Community Right -To Know Act of 1988. The legisla- tion provides for fees to be assessed and collected from the chemical industry doing business in the State of Florida to fund the efforts of Emergency Management staff in each county to prepare and complete the Hazardous Materials Response Plan as an additional component of the Comprehensive Emergency Management Plan (CEMP). On October 4, 1988, the Indian River County Board of County Com- missioners approved an Agreement with the Department of Community Affairs wherein the Indian River County Department of Emergency Manage- ment Services would develop an Emergency Plan for Hazardous Material for the County. The Agreement provided for an allocation of $8,064.00 to the above referenced Department to develop the plan. The plan has been completed and is before the Board of County Com- missioners for approval. ALTERNATIVES AND ANALYSIS The Emergency Plan for Hazardous Materials includes information on each known site in Indian River County that maintains threshold levels of chemicals identified in the legislation. Each site has been visited by staff from the Department of Emergency Management Services for completion and determination of an analysis related to hazards and vulnerability including information that could adversely affect the surrounding area or an emergency responder at the respective site. Evacuation routes have also been determined for each site as well as calculations to provide information related to the extent of the area that could potentially be affected should a spill or release occur based on known substances at the site. Preparation of the plan has taken a maximum effort on the part of the staff of the Department of Emergency Management Services. The plan will be distributed to the various emergency responders in the County. It is felt it will be a very useful and important document to emergency personnel in that some knowledge of the chemicals at the site will be available prior to arriving at the known location. 28 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Resolution and the Indian River County Emergency Plan For Hazardous Materials. The plan was timely submitted as required by the Agreement referenced above. Pursuant to approval, the plan will be disseminated to the various emergency responders in the County as well as Central Communications and the Vero Beach PSAP. Staff also recommends that the Board approve utilization of the re- maining funds of approximately $3,000 from the Agreement to purchase additional computer hardware, software, and associated support equip- ment to maintain the plan with the objective to eventually network .the chemical site information to all emergency personnel since the plan will be constantly updated as new sites become known. MAR 141989 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 89-28, approving the Indian River County Hazardous Materials Emergency Plan. 29 8001( 76 pm377 MAR 1 4 1989 RESOLUTION NO. 89 - 28 BOOK fii,E378 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE INDIAN RIVER COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN. WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster miti- gation, preparedness, response and recovery; and WHEREAS, with the enactment of the Emergency Planning and Community Right -To -Know Act of 1986, Congress imposed upon Local Emergency Planning Committees and local governments additional planning and preparedness requirements for response to emer- gencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emer- gency Response Commission for Hazardous Materials as meeting the criteria for such plans established by the Administrator, United States •Environmental Protection Agency and the National Response Team; and WHEREAS, this plan is intended to provide the framework for the development'of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Indian River County's Hazardous Materials Plan be hereby adopted. The foregoing Resolution was offered by Commissioner Scurlock , who moved its adoption. The motion was seconded by Commissioner Eggert , and upon being put to a vote, the vote was as follows: CHAIRMAN GARY C. WHEELER Aye VICE CHAIRMAN CAROLYN K. EGGERT Aye COMMISSIONER DON C. SCURLOCK, JR. Aye COMMISSIONER MARGARET C. BOWMAN Aye COMMISSIONER RICHARD N. BIRD Aye The Chair thereupon declared the Resolution duly passed and adopted this 14th day of March, 1989 Attest: 11(441411-.4 re K. Barto C1 • BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: 30 (<11,,e, Gary-. Wheeler, Chairman CANCELLATION OF INDIAN RIVER MEMORIAL HOSPITAL TOWER SPACE LEASE The Board reviewed the following memo dated 3/8/89: TO: James Chandler DATE: March 8, 1989 FILE: County Administrator SUBJECT: Cancellation of Indian River Memorial Hospital Tower Space Lease FROM: Doug Wright, Director REFERENCES: Emergency Management Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS On January 15, 1986, the Indian River County Board of County Com- missioners approved and the Chairman executed a Tower Space Lease Agreement with Indian River Memorial Hospital. The antenna, repeater and associated equipment was located on Hobart Tower for trans- mission and reception of medical communications related to the ALS system. The lease provides for a fee of $180.00 per month or $2,160.00 per year. Since Indian River County assumed responsibility and operational management of the ALS system on February 1, 1989, Indian River Memorial Hospital now requests that the Tower Space Lease be term- inated effective February 1, 1989. ALTERNATIVES AND ANALYSIS Indian River Memorial Hospital has agreed to leave the repeater, antenna, and other equipment at the site since the equipment is presently being used by the Indian River County ALS for medical communications between the ambulances and the medical facility. Replacement equipment will be budgeted for in the next fiscal year. If the Indian River Memorial Hospital decides to remove the equip- ment prior to October 1, 1989, the EMS Director will have no altern- ative other than to present to the Board of County Commissioners a request for funds to purchase medical communications equipment. The Hospital has indicated a cooperative spirit regarding this matter and there is no reason to believe that the equipment will be removed without sufficient notice. RECOMMENDATION Staff recommends that the Board of County Commissioners approve termination of the Tower Space Lease with the Indian River Memorial Hospital, Inc., effective February 1, 1989. 31 MAR 14 1989 BOOK 76 FAu.379 AR 1 4 1989 BOOK 76 FACE 380 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the termination of the Tower Space Lease with the Indian River Memorial Hospital, Inc., effective February 1, 1989. LICENSE AGREEMENT FOR REMOTE CONTROL AUTO RACING AT THE INDIAN RIVER COUNTY FAIRGROUNDS The Board reviewed the following memo dated 3/8/89: TO• James. C an • er DATE: ' arc FILE: County Administrator SUBJECT: LICENSE AGREEMENT FOR REMOTE CONTROL AUTO RACING AT THE INDIAN RIVER COUNTY FAIRGROUNDS James Davis, Director MEMO: SHARON FROM: Public Works Departmen REFERENCES: BRENNAN TO JIM DAVIS 3/7/89 DESCRIPTION AND CONDITIONS The County Purchasing Division has publically advertised for proposals from interested individuals for the operation of the Remote Control Auto Racing Track at the County Fairgrounds. As a result, one proposal was submitted by Rick Reynolds, a local auto racing enthusiast. ALTERNATIVES AND ANALYSIS Mr. Reynolds has obtained the appropriate insurance to meet the County's requirements. Attorney Brennan and Public Works have prepared the. attached License Agreement. RECOMMENDATION AND FUNDING It is recommended that the License Agreement between Indian River County License. and Richard Reynolds be approved and that the Chairman be authorized to execute the Agreement. 32 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the License Agreement between IRC and Richard Reynolds, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD NORTH BEACH COMPLEX RENAMED TREASURE SHORES PARK The Board reviewed the following memo dated 3/1/89: TO: James Chandler County Administrator FROM: James D. White, P.E. Acting County Engineer: '- THROUGH: James W. Davis, P.E._ Public Works Director SUBJECT: North Beach Complex Rename Treasure Shores Park DATE: March 1, 1989 Description and Conditions The proposed oceanfront park complex in North Indian River County has in the past been generically referred to as "The North Beach Complex" or "The North Beach Park Complex." Comments received on the recent submittal of the management plan for these lands and the existence of similar named parks in Brevard and St. Lucie Counties has illustrated the need for a unique and appropriate name for this park. Staff with help and advice from some citizens and commissioners has tentatively selected the name of "TREASURE SHORES PARK" for this facility. We feel this is consistent with the history and folk lore surrounding historic 17th Century Spanish shipwrecks in that area. Recommendations and Funding Staff recommends ratification of the name Treasure Shores Park so that the revised management plan can be re -submitted to DNR for agency review. liAR 14 !989 33 BOOK [rE3 AR14'989 BOOK 76 Fi GE 382 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously ratified the name of Treasure Shores Park so that the revised management plan can be resubmitted to DNR for agency review. SOLID WASTE RECYCLING STUDY - CAMP DRESSER & McKEE, INC. The Board reviewed the following memo dated 313189: DATE: MARCH 3, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO, DIRECTOR SOLID WASTE DISPOSAL DISTRIC FROM: RONALD R. BROOKS, MANAGER SOLID WASTE DISPOSAL DISTRICT SUBJECT: SOLID WASTE RECYCLING STUDY CAMP DRESSER AND MCKEE, INC. BACKGROUND Current Florida legislation mandates that the Solid Waste Stream within each County be reduced by specific amounts within specific deadlines. Part of that volume reduction must be accomplished through the recycling of recoverable resources that are a part of the Solid Waste Stream. A program for recycling certain recoverable resources must be initiated by July 1, 1989. ANALYSIS Resource Recovery through recycling of recoverable resources is an expensive and time consuming endeavor that will significantly affect the County, the Solid Waste Collection businesses, and the public at large. It is, therefore, imperative that all aspects of recycling of solid waste be thoroughly addressed by knowledgeable and qualified individuals so that the costs and effectiveness of the various recycling alternatives are evaluated and placed in proper perspective. Typical problems associated with establishing a successful recycling program are: 1. While reducing the waste stream to the County Landfill through recycling_, the disposal costs and the costs for space taken are reduced; but so are revenues. There is a limit to the extent that revenues can affordably be reduced since not only will the debt service not change at any time soon, but the costs for the implementation of the recycling program can be extremely high. 2. The State legislation mandates that recycling efforts be jointly assumed with the municipalities through interlocal agreements. The waste collection and recycling capacities of the municipalities must also be addressed in any recycling efforts initiated by the County. 3.4 cs. 3. The recycling market is very poorly established and extremely unstable. As has occurred in the waste oil and newspaper recycling programs, the overall recycling market depends on supply and demand as well as cost alternatives. The County has been mandated, along with the rest of the State of Florida, to recycle materials to the extent where the overall waste stream is reduced by 30o by 1994. As the communities flood the very limited recycling market, there will be a period where the county could conceivably have to pay to dispose of recyclables rather than be paid. 4. Numerous pilot recycling programs have been initiated around the State and several concerns have already been noted: A. Most of the pilot programs were funded through grants with limited expense to the community. Analysis of the cost of these programs has revealed that they are extremely expensive and in many cases have exceeded many times over the costs for simply disposing of the material in the Landfill. B. While there is considerable interest by the public in the initial stages of the programs the interest soon wanes and recycling efforts rapidly become reduced. 5. Indian River County has to seriously evaluate its currently existing collection stations and determine whether they are conducive to effective recycling, or whether they need to be eliminated and replaced with a more effective collection program. There are numerous scenarios that can be presented as the recycling world contains a maze of dead-end streets that, after considerable cost, can leave the County against a wall with an unsuccessful program while still faced with the mandate to reduce its waste stream. A recycling program encompassing the municipalities and entire county must be thoroughly evaluated with all alternatives and their associated costs and effectiveness addressed. Attached is a "Scope of Work" and "Proposal" by the engineering firm, Camp Dresser and McKee, Inc. to provide a study of the Recovery and Recycling of material within the Solid Waste Stream. The Scope of Work includes a report addressing various recycling alternatives and their impact, as well as an update to the County's current Solid Waste Management Plan. The total estimated cost for the engineering services is $61,200.00. Approximately $15,000.00 of these costs are directly related to a study of The City of Vero Beach collection operations. District staff has been in contact with representatives of The City of Vero Beach. The City recognizes that the recycling requirements will affect their existing collection operations and is interested in jointly pursuing engineering services to evaluate the effects and needs in their collection services. In that regard they have expressed interest in paying for that part of the engineering services that will address their operations. FUNDING Funding for this project will be provided from the "Engineering Services Account" within the Solid Waste Disposal District Budget. BAR 1 4 1989 35 BOOK T 6 ['AGE 383 MAR 141999 BOO ',AGE 38 RECOMMENDATION Staff recommends that the District Board approve the attached Proposal and Scope of Work, and authorize the Chairman to execute prepared contracts associated with same. Staff further recommends that the District Board authorize District staff to work with the City of Vero Beach and other municipalities in the study and implementation of an effective recycling program. CDM environmental engineers scientists, planners, & rpanagement consultants March 1, 1989 HAND DELIVERED Mr. Terrance G. Pinto Director of Utility Services Indian River County 1840 - 25th Street Vero Beach, Florida 32960 Re: Solid Waste Recycling Plan Dear Mr. Pinto and Mr. Little: CAMP DRESSER & McKEE INC. 660 Beachland Boulevard, Suite 202 Vero Beach, Florida 32963 407 231-4301 Fax: 407 231-4332 Mr. John. V. Little City Manager City of Vero Beach 1053 - 20th Place Vero Beach, Florida 32960 Camp Dresser & McKee Inc. is pleased to present our revised proposal to prepare a Solid Waste Recycling Plan for Indian River County and the City of Vero Beach based on our discussions with you on February 23, 1989. This proposal presents in detail the following items: o Exhibit A - Scope of Work o Exhibit B - Project Labor Breakdown o Exhibit C - Project Budget We have estimated the duration of this project to be four months to produce a draft report. For the services under this proposal, our total fee is estimated at the lump sum amount of $61,200. We will not exceed this amount unless we have obtained prior approval. If you should have any questions, please contact our office. Very truly yours, CAMP DRESSER McKEE INC. Donald G. Munksgaar•/ P.E. Vice President 36 Commissioner Scurlock pointed out that we have increased the Utilities Department staff to a point where some of these items in this scope of work could be done internally, especially since staff would be giving a certain amount of this information to the consultant initially. In addition, he would like to see some of the items phased in, such as moving the analysis of the recycling markets to the second phase when more accurate figures will be available after things are stabilized. He talked to Utilities Director Terry Pinto about this, and felt Director Pinto has tried to do that here with the 4 phases. Commissioner Scurlock felt the $30,000 in Phase 1 still has some elements that can be moved back to later phases. Other than that, he hoped that we would use our own staff as much as possible. He reported that he calved 7 or 8 municipalities and counties to see what they were doing, and all of them have said that they are doing their recycling program internally. They are going outside for the part of the study that relates to waste generation and some of the other elements that affect the rate settings. Director Pinto listed the numerous things we have to look at in this analysis, and emphasized that this recycling program must be initiated by July 1, 1989. Commissioner Eggert wanted to see this come back with the modifications made to the scope of work in the four phases so that we can see clearly what we can do in-house and what we cannot do. Commissioner Scurlock felt we have to make the requirements flexible enough so that the haulers can adjust, and Administrator Chandler pointed out that we also have to realize that the additional cost to the haulers will be passed down to the users if we go to mandatory collections in the unincorporated areas of the county. We need to be looking at a comprehensive approach because this will have substantial impact on the residents of the county. MAR 14 7989 PG 3 BON7 PAGE FF,,,E 5 , 4 BAR 14 '1989 BOOK 76 Pr u 3S8 Director Pinto estimated that only about one third of the residents in the unincorporated area of the county are having their trash picked up at the present time. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously authorized staff to negotiate the revisions to the scope of work, limiting phase I to materials that are concrete, i.e. aluminum, paper, glass, tires, infectious waste, etc., and address the other waste materials in the second and third phases when more concrete answers would be available, and bring it back to the Board for final approval. RESOLUTION IN OPPOSITION TO REQUIRED USE OF OPTIONAL ONE -CENT SALES TAX REVENUE FOR SCHOOL BOARD USE ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 89-29 to the Governor and the Legislature of the State of Florida in opposition to required use of optional one -cent sales tax revenue for School Board use. 38 LIAR 141999 RESOLUTION NO. 89- 29 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, TO THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF FLORIDA IN OPPOSITION TO REQUIRED USE OF OPTIONAL ONE -CENT SALES TAX REVENUE FOR SCHOOL BOARD USE. WHEREAS, in the past the Legislature has consistently mandated that counties and cities perform certain critical governmental services and functions and has not provided the means to pay for these services and functions; and WHEREAS, in response to local government complaints about inadequate funding,. the Legislature has enacted §212.055, Florida Statutes, allowing for an optional one -cent sales tax to be used for infrastructure funding only, provided that the tax is approved by a referendum; and WHEREAS, Senator Johnson has proposed that 25% of this sales tax revenue be,g,iven to school boards to be used for their own purposes; and WHEREAS, without belittling the needs of the school boards, it is apparent that cities and counties need the entire one cent of the optional sales tax to begin to fund their critical infrastructure needs, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County is opposed to any bill changing the use of the revenue of the optional one -cent sales tax and respectfully requests the Governor and Legislature of the State of Florida to oppose this bill. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice -Chairman Carolyn K. Eggert Commissioner Richard N. Bird Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted thisl4th day of March, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By aA & e444,_ - ary eeTer Cha i( an 39 POD l6 F:' ff. 3 7 MAR 1 4 1989 BOOK 76 rA E 388 COUNTY CORRECTIONAL PLANNING COMMITTEE REPORT Chairman Wheeler reviewed the following items discussed at the meeting of March 10, 1989: Telephone: (407) 567-8000 March 10, 1989 BOARD OF COUNTY COMMISSIONERS ' 1840 25th Street, Vero Beach, Florida 32960 • Suncom Telephone: 224-1011 The County Correctional Planning Committee met on March 10, 1989 and the following motions were made: 1) STOCKADE/WORK PROGRAM FACILITY Investigate the feasibility of building a separate facility for people sentenced to time in the County Jail, doubling as a drug and alcohol treatment and rehabilitation program. 2) DRUG ABUSE TRUST FUND Recommend that thle County Commission adopt the Drug Abuse Trust Fund Ordinance as a pilot project for one year. 3) GAINTIME Ask the County Attorney to prepare a draft proposal to allow provisional gaintime only when the jail exceeds capacity. 4) COURTHOUSE SECURITY Attorney Vitunac dffered to write a letter to see if any vendor of metal detector scanners would be interested in making a presentation to the County Correctional Advisory Committee to see how such a system could effectively be incorporated into the present courthouse. 40 Item #1 - Stockade/Work Program Facility Chairman Wheeler wished to have the Board's direction to explore the feasibility of such a facility and answer the many questions regarding staffing, location, etc. In addition, he wished to have travel authorization for Emergency Management Director Doug Wright, someone from the Sheriff's office, and himself to go look at some of these facilities in Leon, Volusia, and Duval counties. He felt we need a place not only to relieve some of the overcrowding in our $7 -million jails, but also a place to punish people who are convicted of lesser crimes who are out walking our streets simply because there is no place to put them. He perceived this as an addition to Phase III, and emphasized that this facility would not house dangerous prisoners. Chairman Wheeler didn't know if we were going to change the world with this, but felt it is time to get the word out that if you get convicted of a crime in Indian River County, you are going to serve time in jail. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, that the Board approve the Chairman's request to explore the feasibility of a stockade/work program facility and authorized out -of - county travel for the appropriate individuals to check into other facilities of this type in the state. Under discussion, Commissioner Bird stated he also would like to see everyone who commits a crime serve some time in jail, but believed the price tag should be one that we can afford in this county. Unfortunately, with the country club jails we are mandated to build these days, it appears that when they do get a taste of jail, it isn't all that bad. MAR 1 i9 41 BOOK 76 r'aGE 99 BAR 141999 BOOK 76 f'Arf.390 Commissioner Scurlock emphasized that the law enforcement budget is taking up all our funding resources, and pointed out that after all the money that has been pumped into law enforcement in this country, the situation has gotten worse, not better. Commissioner Bowman understood that one of the reasons for the blockade/work program facility is to save money, and Chairman Wheeler explained that the cost could be compared to what it costs for 3 beds in our current facility. We are looking at $5.7 million to build Phase 111, a 52 -bed facility, and the preliminary cost for this type of facility is $130,000. The prisoners would be housed in dorm fashion with no air conditioning, no frills. This would be minimum, medium security. If they want to run, let them run, and then they can be arrested and taken over to the maximum security system. We would have guards and fences, but we are not going to be housing murderers, rapists, or other dangerous criminals. We need to do something to get these people off the streets. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Item - Drug Abuse Trust Fund Attorney Vitunac advised that the ordinance has been prepared and will be coming before the Board shortly. Item m #3 - Gaintime Commissioner Bird felt there should be something positive about gaintime, and Attorney Vitunac explained that the positive effects of gaintime will still be there since the prisoners will still accumulate time. They just won't get to use it until there -is a surplus of prisoners. Commissioner Bird didn't think he knew enough about the merits of gaintime to sit here today and authorize the County 42 Attorney to draft a proposal to allow provisional gaintime only when the jail exceeds capacity. Chairman Wheeler explained that what the Committee would like to do is have Attorney Vitunac prepare something which would go back to the Committee, etc., and then come before this Board for final approval. Attorney Vitunac invited the Commissioners to attend the Correctional Planning Committee meetings when gaintime will be discussed. The meetings are open to the public. Commissioner Bird didn't object to Attorney Vitunac drafting an ordinance and coming back with more information. Chairman Wheeler advised that he would notify the Commissioners of the dates of the meetings when gaintime would be discussed by the Correctional Planning Committee. Item P4 - Courthouse Security Commissioner Wheeler advised that the Committee is continuing to explore the costs involved. PARKS & RECREATION COMMITTEE REPORT Commissioner Bird read aloud the following Summary of Actions for the meeting of March 9, 1989, and no action was taken. PARKS AND RECREATION COMMITTEE SUMMARY OF ACTIONS MARCH 9, 1989 The following is a summary of actions for the March 9, 1989 meeting of the Parks and Recreation Committee: 1) There was a brief review of the Recreation and Open Space Element draft. There was no Committee action. 2) It was recommended that the Ndrth Beach Complex name be changed to Treasure Shores Park. There was no opposition to the change. 3) A presentation was made of the Historical Society's suggested plan for the Jungle Trail corridor. There was no committee action. 43 MAR 1 4 1989 Boor 76 F'':.`i 391 MAR 14 1989 BOOK f6 FA.GE 392 SOUTH COUNTY FIRE DISTRICT MEETING Chairman Wheeler announced that immediately upon adjournment, the Board would reconvene sitting as the District Board of Fire Commissioners of the South Indian River County Fire District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:20 o'clock A.M. ATTEST: Clerk 44 Chairman