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HomeMy WebLinkAbout7/18/1989Tuesday, July 18, 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, July 18, 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; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. John Simon, Pastor, First Methodist Church, gave the invocation, and Commissioner Scurlock led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler asked that an item regarding the Law Library Agreement be added as Item 10 C. under the County Attorney's matters. The Chairman questioned whether Item 8 under the Adminis- trator's matters regarding the South County Fire Department shouldn't be handled at a South County Fire Board meeting, and some discussion arose as to whether this was advertised. Attorney Vitunac noted that this item was on the same agenda sheet for anyone to give notice; so, he felt the Board could meet and take action as the South County Fire District. J U L 18 1989 aooK 77 3 32 It was agreed that it should be taken off this Agenda and put on the agenda of the South County Fire District. ON MOTION by Commissioner Scurlock, SECONDED By Com- missioner Eggert, the Board unanimously added and transferred items as described above. CONSENT AGENDA Commissioner Bowman requested that Item E be removed from the Consent Agenda for discussion. A. Approval of Minutes The Chairman asked if there were any additions or correc- tions to Minutes of the Regular Meeting of June 20, 1989. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved the Minutes of the Regular Meeting of June 20, 1989, as written. B. Extension of Preliminary PRD Approval for Pod "I" (Victoria Tsiandj-- Grand�lar5or---` The Board reviewed memo from Staff Planner Robert Wiegers: 2 W TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Kedtfi g► A -- Community Devel Amen Director THROUGH: Stan Boling, I P Chief, Current Development FROM: Robert E. Wiegers Staff Planner, Current Development DATE: June 28, 1989 SUBJECT: GRAND HARBOR'S REQUEST FOR AN EXTENSION OF THE PRELIMINARY PLANNED RESIDENTIAL DEVELOPMENT APPROVAL FOR POD "I" (VICTORIA ISLAND) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 18, 1989. DESCRIPTION AND CONDITIONS: On July 14, 1988, the Planning and Zoning Commission approved a preliminary plan application submitted by Grand Harbor, Inc. to construct 202 multi -family dwelling units with associated site improvements on POD I. Due to business constraints, the developer has been unable to commence construction prior to the expiration of the approved preliminary plan. However, if no construction has begun by July 14, 1989, the preliminary approval will lapse unless otherwise extended by the Board of County Commissioners. This petition was received by the Community Development department prior to the expiration of the approved plan, as required by the Planned Residential Development Ordinance. No regulations have changed since the time of site plan approval that would affect the approved plan. Pursuant to the provisions of Sections 23.2(G)(2) and 25.4, Appendix A of the Zoning Code, the developer is requesting a full 1 year extension of the approved site plan. It has been the policy of the Board to grant extensions to projects which conform to current codes. RECOMMENDATION: Staff recommends approval of Grand Harbor's request for a one year extension of the approved preliminary plan; the new expiration date to be July 14, 1990. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved Grand Harbor's request for a one year extension of the Preliminary PRD Approval for Pod "1" (Victoria Island). J U L 18 1989 ', 3 )JUL 19 1989 MOK T1 31, C. Final Plat Approval - First Replat of Village Walk Subdv. The Board reviewed memo from Staff Planner Robert Wiegers: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: -ag X� Robert M. atirfAtCpr C Community Develo men Director AS THROUGH: Stan Boling, AICP Chief, Current Development FROM: Robert E. Wiegers Staff Planner, Current Development DATE: June 29, 1989 SUBJECT: FINAL PLAT APPROVAL FOR THE FIRST REPLAT OF VILLAGE WALK SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular. meeting of July 18, 1989. DESCRIPTION AND CONDITIONS: The First Replat of Village Walk Subdivision is a proposed replat. of a previously platted 56 lot fee simple townhouse subdivision of a ±6.39 acre parcel of property located immediately east of 6th Avenue and south of and adjacent to Waverly Place. The subject property is zoned RM -10. (Multi -Family Residential up to 10 units/acre) and has an MD -2 (Medium Density up to 10 units/acre) land use designation. The proposed building density is ±8.77 units/acre. The developer had previously received final plat approval for a 56 unit, fee simple townhouse subdivision and subsequently recorded the plat and began construction of units within the project. Since that time, the developer has chosen to increase the size of the units and as a result must increase the size of the fee simple lots by filing a new plat. The revised plat decreases the total number of units for the entire project from 56 to 52. Pursuant to County Code and Florida Statutes the developer has submitted a petition to vacate a portion of the original Village Walk plat in order to facilitate the replat. The plat vacation was acted upon by the Board of County Commissioners at its regular meeting of July 11, 1989. The owner, Catalina Homes, Inc., is now requesting that final plat approved be given to the First Replat of Village Walk Subdivision and has submitted: 1. a final plat application substantially in conformance with the applicable County Ordinances. ANALYSIS: Section 10(g) of the subdivision ordinance allows developers to "plat over" townhouse projects to allow the fee simple transfer of 4 property underneath and around the townhouse units. Normal subdivision lot dimension and lot frontage requirements are waived for such projects. The approved townhouse site plan controls the construction of the project, while the subdivision plat delineates common areas and creates lots that can be sold off to unit owners. The subject subdivision will receive water and wastewater service from Indian River County. A Stormwater Management Permit has been issued by the Public Works Director, and the County Attorney's office has reviewed and approved the homeowners association document and the final plat for legal form and sufficiency. The final plat is in conformance with the approved preliminary plat and site plan, and all other County requirements concerning final plat approval have been addressed. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to the First Replat of Village Walk Subdivison. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously granted Final Plat Approval to the First Replat of Village Walk Subdivision as recommended by staff. D. Release of County Liens The Board reviewed memo from Lea Keller of the County Attorney's Office: TO: Board of County Commissioners pl__ I4E_�E E;Z i FROM: Lea R. Keller, County Attorney's Office DATE: July 11, 1989 RE: CONSENT AGENDA - BCC MEETING 7/18/89 RELEASE COUNTY LIENS I have prepared the following Iden releases and request the Board authorize the Chairman to execute them: Lots 1 6 2 of SUNNYDALE ACRES SUBDIVISION, in the names of DAVID E. & BRENDA K. MIXON Lot 5 of KINGSWOOD ESTATES SUBDIVISION Lot 24 of OLD SUGAR MILL ESTATES, UNIT FOUR Lot 42, Unit 6 of OLD SUGAR MILL ESTATES, UNITS FIVE AND SIX Lot 45, Unit 5 of OLD SUGAR MILL ESTATES, UNITS FIVE AND SIX 5 a� J U L 18, 1989 nor JUL 18 1989 POOK U.S.#1 (S. of Oslo Road), Tax I.D. #30-33-40-00000-3000-00011.0, in the name of BERTA M. HOUDYSHELL U.S.#1 (S. of Oslo Road), Tax I.D. #30-33-40-00000-5000-00004.0, in the name of THOMAS J. PATTERSON, SR. Lots 18 & 19 of LITTLE PORTION SUBDIVISION In the name of MICHAEL JAMES O'GRADY, JR. rip w" F�9 r r rt llt �' ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved the Release of County Liens as listed above and authorized the signature of the Chairman. COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO THE E. Bid #89-86 - Rain Shelters for Sandridge Golf Club The Board reviewed memo from General Services Director Dean: DATE: JULY 11, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICL40 SUBJECT: INDIAN RIVER COUNTY BID NUMBER 89-86 RAIN SHELTERS FOR SANDRIDGE GOLF CLUB BACKGROUND: The subject bid was properly advertised and three (3) sets of plans with specifications were sold to prospective contractors. Two bids were received on July 10, 1989. ANALYSIS• Staff has reviewed the two submittals to ascertain adherence to specifications. Hunley-Hubbard Construction Co. $34,455.00 (Fill material extra @ $6 per cubic year.) J.B. Walker Construction Co. $46,050.00 (Deduct $4,000 if County does fill, fine grade and sod.) 6 FUNDING• Monies will come from the Golf Course Work in Process Account. The Budget Office has verified funds of $36,000 budgeted for this project. RECOMMENDATIONS: Staff recommends the award of this bid to Hunley-Hubbard Construction Company contingent upon receipt of proof of insurance and a valid performance bond. Commissioner Bowman pointed out that we are not told how much fill or sod is involved in the Hunley-Hubbard bid. General Services Director Dean explained that we were not supplied with that figure. We really do not know how much fill is going to be needed up there until it is brought in. At the time you set the septic tank, the Environmental Health people come in and tell you what level it has to be set at. Commissioner Scurlock believed Walker identified a deduction of $4,000 if the County takes care of the fill, fine grade and sod, and Director Dean commented that they did not feel this would amount to the $12,000 difference between the bids. Questions continued as to just what the bids included, and Commissioner Scurlock asked if the Hunley-Hubbard bid includes sod and fine grading or moving, etc., because if the $6 figure is just for the.fill material, that's af�high number. He wished to know if their bid includes sod or not. Director Dean advised that the specifications staff sent out stipulated all the requirements for fill, sod, etc. The only exception they took was the $6 per cubic yard and doing survey work; so, we then have to assume everything else is included in that bid. Commissioner Scurlock felt the way it is presented makes it difficult to analyze the low bid, but we have been waiting a long time to get those shelters on the course, and he wouldn't want to slow it up. He, therefore, would like to have staff get the final numbers and let the Administrator verify that they are acceptable and that when everything is compared, Hunley-Hubbard still is the low bid. 7 PuGK. � � F,1GE •�3 JUL 1 8 1989 JUL 18 19KI i ROOK FA. G 338 MOTION WAS MADE by Commissioner Scurlock, SECONDED Commissioner Eggert, to award Bid #89-86 for Rain Shelters for Sandridge Golf Club to Hunley-Hubbard Construction Co. upon final verification that their bid of $34,455 still remains the low bid. Administrator Chandler informed the Board that he went through this bid with all those questions in mind, and believed that any way you look at it, their bid was low and in no case would it come close to the Walker bid. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. F. Bid #89-78 - Hydraulic Lift Table The Board reviewed memo from General Services Director Dean: DATE: JULY 11, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERV2AS SUBJECT: INDIAN RIVER COUNTY BID NUMBER 89-78 HYDRAULIC LIFT TABLE BACKGROUND: The subject bid was properly advertised and six (6) invitations were sent out to prospective vendors. Three bids were received on July 5, 1989. However, two of the three were no bid. ANALYSIS: Staff has reviewed the one bid to ascertain adherence to specifications. Pifer Equipment Company was the responsible and responsive bidder. FUNDING: Monies will come from the Golf Course Capital Outlay Fund which has a budget of $3,500 for this line item. 8 RECOMMENDATIONS: Staff recommends the award of this bid to Pifer Equipment Company which offered a bid of $3,190. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Scurlock, the Board unanimously awarded Bid #89-78 for a Hydraulic Lift Table to Pifer Equipment Company in the amount of $3,190 as being the low and only bid meeting specifications. PROCLAMATION HONORING INDIAN RIVER COUNTY VOL. AMBULANCE SQUAD Chairman Wheeler read aloud the following Proclamation and presented it to Lloyd Clark, representing IRCVAS: P R O C L A M A T I O N WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD was formed on May 1, 1966 and has operated continuously for twenty-three years; and WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD provided emergency medical transport service at both the ALS and BLS levels free of charge to the populace of Indian River County and saved untold lives; and WHEREAS, INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD has largely depended on donations and other similar sources of revenue fot funding to accomplish this substantial task; and WHEREAS, many people in this community have freely given of their time and talents to assist the Squad in this endeavor over the years; and WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD has always worked closely and cooperatively with the other municipalities in our community giving professional emergency services; and WHEREAS, on July 6, 1989, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD BOARD OF DIRECTORS unanimously voted to discontinue providing pre -hospital emergency medical transport service effective July 14, 1989; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that they convey to each member and participant who has assisted JUL 1-6 '1989 KID y FA[•E -��� J U L 18 1999 RooK '17 during this period of time a heartfelt and sincere "thanks" so they will know their efforts did not go unnoticed. BE IT FURTHER PROCLAIMED BY THE BOARD that the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD has demonstrated exemplary service in our community and has saved the County millions of dollars in the past twenty-three years. Adopted: July 18, 1989 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Gary C Wheeler, Chairman Chairman Wheeler added his personal thanks to all the Volunteers, and felt, as we said last week, that it is a sad day to see any service like this change its function after 23 years. Mr. Clark expressed the thanks of all Volunteers, both past and present, and assured the Board that they will absolutely continue to help the ALS system with their time. He further wished to stress that, although this was not included in the newspaper article, they will have EMTs operate as well as drivers. Mr. Clark wished to compliment Emergency Management Director Doug Wright on his work with all the volunteer services. STATEMENT BY A. ALEXANDER OF DER OFFICIALLY COMMENDING COUNTY Mr. Alex Alexander, Deputy Assistant Secretary for the State Department of Environmental Regulation, read the following statement: "During the late 1970s and early 1980s, the DER was heavily involved in Indian River County with enforcement of many wastewater treatment and disposal plants which were aging, neglected or not properly maintained. These plants routinely were either in violation of secondary treatment standards, illegally discharging effluent to surface water, or both. In the past several years, the Indian River County Commission authorized the Public Utilities Department to virtually eliminate the county's wastewater treatment and disposal problems by construct- ing regional treatment facilities and gradually purchasing and phasing out the problem package plants. Approximately 18 of these facilities have been eliminated or are in the process of being phased out." 10 "As you know, use of reclaimed water has been the Depart- ment's priority for several years, and the priority of our District for many years before. We are pleased that you have chosen to design treatment facilities that include reuse of reclaimed water to the greatest extent possible to irrigate golf courses, citrus groves, and sod farms." "in view of your outstanding effort to promote a clean and safe environment for the citizens of Indian River County, I wish to officially and publicly commend you. I would also like to specifically mention and thank Commissioner Scurlock and the Board of County Commissioners for their leadership and environ- mental concern, and also Terry Pinto for his role in the design and implementation of innovative wastewater technology." "Your efforts have significantly reduced our workload in compliance and enforcement and have produced measurable environ- mental results. You can be sure your environmental policy will benefit the citizens of Indian River County for years to come. Thank you." Commissioner Scurlock noted that he has worked with Mr. Alexander for almost 15 years. This has been a very dynamic process, and he believed we always have had a friend in DER in Alex who always tried to maintain some flexibility. He thanked Mr. Alexander for always taking a personal interest in Indian River County. Director Pinto wished to express his personal appreciation to Mr. Alexander for his cooperation and assistance over the years. He also wished to take this opportunity to present Mr. Alexander with a recycled tie made from a tire. Commissioner Scurlock wished to note that the number of package plants on line when we first got into this business was well over 100, and Director Pinto believed there were 125 plants originally and we are now down to about 35. REQUEST TO CLOSE ROSEWOOD ROAD Commissioner Eggert referred the Board to a letter addressed to her, as follows: J U L 11999 " 77 34 ►,AUL 16 1999 B00K 77 June 14, 1989 Mrs. Carolyn Eggert Indian River County Commission 1840 25th St. Vero Beach, F1. 32960 re: Rosewood Road Dear Carolyn, As you know, I have lived on Rosewood Road most of my life. It has been an ideal location until the paving of the western portion and the installation on the new traffic signal at the eastern end which is the intersection of Rosewood Road and 43rd Avenue. Since those changes, the quiet atmosphere on the road has been changed dramatically. The road has become extremely dangerous. This is true not only for motorists but especially for pede.strians and bicycle riders. The reasons for the dangerous condition of the road are numerous. The road was not built to recommended Indian River County standards and specifications, therefore, it is too narrow and people cannot safely walk or ride a bike. The county has insufficient right-of-way and therefore no sidewalks. Furthermore, one cannot enter Rosewood safely as vegetation setback is nonexistent on the north side of the road. Motorists cannot see the on -coming traffic (generally speeding) because of the county's lack of a sufficient right- of-way. The situation at the bridge at Kings Highway is worse. The bridge is too narrow and cars cannot make turns in a safe manner. There is a solution to this whole matter. We, who live on and off of Rosewood, propose closing Rosewood at the Kings Highway bridge. This would accomplish three goals: 1. Diminish liability as to accidents which may occur as a direct result of the narrow road and bridge. 2. Save Indian River County possibly $300,000. by not having to reconstruct the bridge when Kings Highway is improved in the very near future. 3. Enhance property values by eliminating the large volume of traffic. Many motorists who use the road consider it to be a speedway connecting 43rd Avenue and King's Highway. Please accept the attadhed petition signifying the strong support of the neighborhood. We would prefer that the road be closed as soon as possible through administrative means, however, if you think that this matter should be discussed with the entire commission we request that it be placed on the agenda promptly. In addition, herewith please find a petition regarding the closing. Sincerely yours. 12 Beuttell Commissioner Eggert believed this portion of 16th Street is being used as a by-pass for Route 60. She felt there are some steps short of having it closed off that need to be looked into and that we should send it to Public Works Director Jim Davis and on through the Transportation Planning Committee for their recommendations. Commissioner Scurlock noted that when we came up with the Bike Path Plan, he raised some questions because that plan showed a path that came down 16th off the existing sidewalk system, extended on down Rosewood to King's Highway and then was planned eventually to follow a route in front of the Community College and on out 16th, and he believed we don't even have R/W past 74th Ave. In addition to that, from the Community College on down, it is a narrow dirt, basically grove road, and even on our agenda today, we are still dealing with problems on Lundberg Road. He believed we need to readdress this or take a look at 16th. Obviously, it is significantly different than Route 60 and some of the other roads that have some ability to be major E/W roads leading from somewhere to somewhere, which 16th does not. He felt we need to consolidate our plans as to what we are going to do and determine if this road is the same as 4th Street and 12th Street. Commissioner Bowman believed there is a long range plan to take that dogleg out and.extend 16th west in a more direct fashion. George Beuttell, 5480 Rosewood Road, took the floor and read a petition signed by over 100 residents of the area: 13 PUCIK i 7 34` JUL JUL 1 POOK 77 G'1' F 6�4 ,r . PETITION 6/8/89 THE FOLLOWING PEOPLE HEREBY STATE THAT ROSEWOOD ROAD AND THE BRIDGE AT KINGS HIGHWAY AND ROSEWOOD ROAD HAS BECOME EXTREMELY DANGEROUS TO PEDESTRIAN. BICYCLE, AND VEHICULAR TRAFFIC. THE FOLLOWING PEOPLE, BEING RESIDENTS OF INDIAN RIVER COUNTY, FLA. HEREBY PETITION THAT THE BRIDGE AT ROSEWOOD ROAD AND KINGS HIGHWAY BE ABANDONED AND CLOSED TO MOTORIZED TRACT I C . 81100 R i-3Eg1TEGC/F� Ncwgs a�' P4 �, ioGfRS ADDRESS -- ` ----------------- `=------------- ` s9 __l 6----- G/lL, .:�L! _—.___ �!Ef�___•'R••�'SCic?��1�'.�.��_l�•lhO��il�l .. ---------- ----------- ---------1�?l tcl fe P. op ------------- ------------- UT i► if ------------- ---------- ------------------ _r ------------- (Said petition is on file in the Office of Clerk to the Board in its entirety.) 14 Commissioner Scurlock asked if we have done any traffic counts in the area, and Director Davis advised that we have a history of traffic counts for this link that date back to 1983. The volume on the road is not heavy; it is in the area of 2-3,000 vehicles a day, and there has not been a significant accident history on that link. Most accidents occur at intersections. Commissioner Scurlock noted that he lives out in this general area and has noticed that there a number of individuals from Countryside, Village Green, and other developments to the west, who apparently are afraid of Route 60, and in an effort to get off a multi -lane highway, they go down King's Highway and then turn onto 16th St. He asked if there are any other measures, such as "No Trucks Allowed," signs, etc., that we can use to educate the public. Director Davis believed a couple of things can be done. He was particularly not in favor of removing the bridge as he feels that link does provide the ability for the residential develop- ment both north and south to travel west without going east to 43rd Avenue and having to use and impact 2 or 3 other intersec- tions. He felt we could restrict truck traffic and also have a low speed limit on the road to deter people from using it, but did not feel it would be a good decision to delete that length of road from the County system. Some discussion ensued regarding limiting turns north or south when you cross the bridge at 58th Avenue, and Director Davis believed there would be very few traveling west across the bridge who would be turning south. He noted that we have a similar problem at all the sublateral canal roads (12th, 8th, 4th Streets, etc.,) that have a 30' R/W as 16th St. does. There is not one that is really any different than 16th. Mr. Beuttell contended that they certainly are different because they service the west part of the county. Commissioner Bird noted that he has discussed this situation at great length with residents of the area, and if he lived out JUL 18 1989 JUL 18 1989 QooK l 7 1F,,iu 3 there, he undoubtedly would support the petition. He is certainly concerned about the safety of the people in that area and will be glad to explore any reasonable ideas we can come up with to make traffic move more safely on that street, but he is going to take a lot of convincing to close that street com- pletely. We have growing traffic in this county, and we have limited arterial streets, especially E/W. We are going to need all those streets to spread that traffic out. If you close off this street, all you do is put the traffic off on another street, and he believed this would be especially hypocritical after the action the Board just took on 20th Avenue. Commissioner Bird believed the traffic counts indicate that the traffic is very light and that the accident rate is one of the lowest of the intersections on 43rd Avenue. He further pointed out that the reason this part of 16th Street is narrow and winding is due to the residents' wishes, and we did it against the recommendation of County staff. This street is on our Thoroughfare Plan and is one of our main E/W roads, and he would be opposed to closing it completely. Commissioner Scurlock believed Commissioner Bird then would be agreeable to referring this to the Transportation Planning Committee to see what we could do. He noted that he did not want to sit here and design a road today. Commissioner Bird reiterated that it would be fine if someone can come up with some reasonable alternatives to make it safer, but he would be opposed to closing it off completely. George Beuttell asked for an opportunity to speak to make his position and that of 100 people in the area clear. He contended that because of the speeders, Rosewood Road is very dangerous, especially for bicycle riders and pedestrians, and he did not believe the closing of the road would impact the County at all because people did not use it when it was unpaved; use of the street has increased markedly since it was paved. In addi- tion, the bridge is entirely too narrow, and it is a hazardous 16 M M M situation. Mr. Beuttell believed Commissioner Scurlock pointed out the dangers and inadequacies of the road and the bridge when they had the fight with Ralmar on their rezoning, and that was the major reason the county won the suit against Ralmar. Commissioner Scurlock believed that one of the primary problems with all those bridges occurs when you happen to have 2 cars at the same time. The alternative is either to make a bigger bridge or limit some of the turning onto it. Mr. Beuttell stressed that they would not close the road to all traffic - just motorized traffic - and he believed this .should be done to save a life. He noted that they are not here to be treated specially, but felt everyone must admit that Rosewood Road is unique. Mr. Beuttell emphasized that the residents did not create the small road; it was always that way, and they just wanted to maintain it. It is the only road west of the river that has curves and the only road that "Ts". He continued his argument that closing this segment would not create a hardship; the people could use other roads to go west. He further stressed that two elected judges signed the petition, Judge Balsiger and Judge Wild, and they did not just ask for this arbitrarily but recognized the problem. Mr. Beuttell went on to stress the charm and small town atmosphere of the neighborhood due to the small road. He felt this is the County's chance to turn back the clock and keep it as it was. The Board has saved Rosewood before, and he urged that they don't give up on it now. Commissioner Eggert noted she can appreciate the problems the residents feel they have with the road, but she felt we should follow our regular routine and have this staffed and sent to the Transportation Planning Committee, and she would so move. MOTION WAS MADE by Commissioner Eggert to refer the re- quest for closing the bridge at Rosewood Rd. and King's Hwy. back to staff to be reviewed and sent to the Trans- portation Planning Committee for their recommendations. 17 F,. moF 77 �,,i,EIJ47 JUL 18 1999 �l Fr: 34 Ray Suzenski, 1585 50th Court, came before the Board and stressed that during the 10 years he has lived there, he has seen a tremendous change in Rosewood Road to where it really scares him. He has seen go-carts go across the road and almost hit by cars. There will be an accident; kids will be killed; and then it will be too late. Mr. Suzenski agreed there is a high visibility of the Sheriff's Department on that road, and they do an excellent job, but even if you establish a speed limit of 35 mph or less, there still will be speeding late at night. He continued that he has seen tractor -trailers go over the bridge and bump into it and damage it. He urged closing the bridge off temporarily to see how it works and did not believe it will be a hardship for it to be a dead end. Commissioner Bird wished to know just where we draw the line in this County on closing off public streets that go through residential neighborhoods. He believed there are 100 areas that could stand up and present the same argument, and the more public streets we close off, the more we shift the amount of traffic to someone else's neighborhood. He did agree Rosewood Road is narrow and not built for high speed traffic and will be glad to investigate remedies, but he has problems with closing a street that has been a public street for 40-50 years for use only by those who have chosen to build on that street. Mr. Suzenski continued to urge the Board to just give it a try; to close it for 6 months and monitor the impact. Commissioner Eggert pointed out that her Motion to send this back to staff does not exclude that possibility. Chairman Wheeler stated that there is no way he would be prepared today to make any kind of decision to change the function of that street before our staff has had an opportunity to present their side of it. Robert Brackett, 1645 51st Court, advised that he was born and raised on Rosewood Road as were quite a few others in this neighborhood, and the street is unique. As to where you draw the 18 line, he noted that the residents came in and paid their earned dollars for those streets and most of the streets there are maintained by them. He believed most of the people in the county don't do that. Chairman Wheeler advised that many people in the county participate in our petition paving program, and Director Davis explained the County's special assessment program where the County funds 25% and those who benefit fund 75%. He pointed out that due to the collector road status of 16th Street and the fact that more of the general public would use it, the County funded 50% and the owners paid the other 50%; so, the general public had more participation in the funding of it than other roads. Commissioner Bird stated there is no question in his mind that it is a charming road, and if it was a private road and we were considering opening it up to the public, he would not hesitate, but the facts are just the opposite; it always has been a public street. Mr. Brackett stated that he lives on 51st Court and the residents pay for those roads themselves. It was explained that 51st Court is a private road. Commissioner Scurlock believed there are alternatives and that the proper process is to go back through the TPC; evaluate all options available, including temporary closing; and bring a recommendation back to the Board; and that is what was proposed in the Motion offered earlier by Commissioner Eggert. COMMISSIONER BIRD SECONDED THE MOTION OFFERED BY COMMISSIONER EGGERT. Joe Paultz, 51st Court, raised the point that the portion of 44th Ave. between 16th and 19th Sts. that connects Rosewood Road to the Winn Dixie Shopping Plaza was suddenly closed, and he did not understand how that happened. He noted there are only 3 or 4 houses on that street. Director Davis explained that about 21 years ago, a petition was submitted by all the property owners on that road to have it 19 poor 7 �dl �,�, rA G 9 JUL 18 1989 Boor. 77 F,n- 3 - closed because a large number of people were using it to get to Winn Dixie. It, however, is a local road that is not on the county collector road network; it is not on the Thoroughfare Plan; and it has very restricted RIW, even more so than 16th St. Commissioner Scurlock asked what would happen if we did not designate this portion of 16th Street as a local collector be- cause he felt there are serious questions as to where the road goes. Director Davis explained that staff looks at the way the road functions. There are branching streets off of 16th Street. There were none off of 44th Avenue; there was no collector nature to that road. Commissioner Scurlock asked if any of the NIS roads between 43rd Avenue and King's Highway connect to any other major roads; he believed every one of the NIS branch roads off of 16th Street dead ends. Director Davis advised that west of 43rd Avenue the same thing can be said of 12th Street, 8th Street, 4th Street, and 1st Street SW. There are no continuous NIS streets between King's Highway and 43rd Avenue that connect 16th Street to SR 60, to 12th Street, 8th Street, etc. That is the nature of the Indian River Farms plat that was platted in 1922. Chairman Wheeler believed we are trying to solve a problem that is impossible to solve at this meeting. We have a Motion on the floor to put this item back on an agenda at a later date so a decision can be made at that time. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 20 REQUEST TO REZONE 10 ACRES AT 66TH AVE. 6 N X I NTER BEACH RD. TO A-1 (BAILEY) 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 Dafly 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-Journai, a daily newspaper published at Vero Beach in Indian River County, Florida; that,the attached copy of advertisement, being in the matter of__a l in the _ Court, was pub- lished in said newspaper in the issues of r 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 pt:bfished 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. l Sworn to and subscribed before me this -Awof A.D, 19Q��7, . 1,11i (Business Manager) (SEAL) (Cie an Revel County; Florida) Notary Public, State of Florida My Commission Expires June 29, 1989 NOTICE. PUBLIC NEARING Notice of hearing to consider the adoption of a County ordinance rezoning land from: RFD. Rural Fringe Development to Wt property�A-r1�Ag yCut tuned by Ben F. BaileThe y. and Is I at the north weal comer of 88th Avenue� Street bed as: The subject property at Tract 18 In Sea - 11C1^ 300 feet 6, owt>shi 32 South, Range 39 A public hearing at which partiesnn Interestbe and citizens shall have an OPPO ftY Com - heard. will be held by the Board of County Com- mission COmmlesiondlan RChambeers of I the aCounty County 25th Admtnfstradon Building, located at 184J0 18, 1I Street, Vero Beach. Florida on Tuesday. ly 1989, at 9:05 a.m. decision Anyone who may wish to apP�f ensure mtt►�at a verbaddinMe e t�rd this of the Ia Ind I is made, which includes tesdmOml and evidence Upon which the appeal la based. Indlan River County .� Board . By..-8-Gary wheeler, Chairman . , June 28,1989 Community Development Director Keating reviewed the following, noting that it is a non -controversial rezoning: J U L 18 1989 21 mo� 77 JUL 18 1989 McK ` 7 352 TO: James Chandler, County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keat'ng, P Community Develop Director FROM: Robert M. Loeper �ML- Staff Planner, Long -Range Planning ,DATE: July 5, 1989 SUBJECT: BAILEY REQUEST TO REZONE 10 ACRES FROM RFD TO A-1 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 18, 1989. ` DESCRIPTION AND CONDITIONS: This is a request by Ben F. Bailey III to rezone property from RFD, Rural Fringe Development District (1 unit per 2.5 acres) to A-1, Agricultural District (1 unit per 5 acres). The property is located at the northwest corner of 66th Avenue (C.R. 615) and 69th Street (North Winter Beach Road). The applicant intends to develop the property for citrus production. At its regular meeting of June 8, 1989, the Planning and Zoning Commission voted 6-0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property is vacant and is currently zoned RFD, Rural Fringe Development District. The zoning of surrounding property includes RS -3, Single -Family Residential District (3 units per acre) to the east, A-1, Agricultural District (1 unit per 5 acres) to the west, and the RFD District (1 unit per 2.5 acres) to the north and south. The RFD district generally forms a band between the low density residential zoning east of 66th Avenue and the agricultural zoning to the west. Uses of these surrounding properties include vacant land immediately west, scattered residential to the north and south and citrus groves on the east. Future Land Use Pattern The Comprehensive Plan designates the subject property and all surrounding property west of 66th Avenue RR -1, Rural Residential (up to 1 unit per 2.5 acres). Property east of 66th Avenue is designated LD -1, Low -Density Residential 1 (up to 3 units per acre). Transportation System The subject parcel has Street, both of which the County Thoroughfare direct access onto 66th Avenue and 69th are designated as minor arterial roads on Plan. W Environment The subject property is not designated as environmentally sensitive on the Comprehensive Plan, nor is it located within a flood prone area. Utilities Public water and sewer are not available or programmed for the subject property. Analysis In reviewing this request, staff has examined the existing land use pattern and the land use pattern set forth in the Comprehensive Plan. The requested zoning is of a lower density than the zoning which currently exists on the property, but the proposed zoning is not inconsistent with the existing land use pattern or designation. While the Rural Residential land use designation permits limited residential uses while protecting agricultural lands from growth pressures, this designation does not prohibit agricultural zoning or agricultural uses. The existing land use pattern of this area is primarily agriculture, consisting of citrus and open land with some residential uses. While it is unlikely that development will reach this area for some time into the future, the subject property's location along 66th Avenue places it in an area with direct access to the City of Sebastian to the north and the State Road 60 corridor to the south. Future commercial and residential growth and development in these areas is expected and will result in higher traffic usage on this secondary link between the north and south county. This access is likely to increase the desirability of the area for rural and very low density type housing. The Agricultural district permits those uses which are normally found in rural and agricultural areas. Some agricultural uses, while not incompatible with rural residential development, are permitted only as accessory uses in low density residential districts. As a result, many agricultural uses in areas such as this are non -conforming, while new or changed agricultural uses require rezoning. Conclusion The subject property is located in a rural area of the county dominated by agricultural and rural residential uses. While the subject property is designated for low density residential development, it is not likely that this type of use will occur for some time in the future. The presence of agriculturally zoned property to the west does not result in the creation of spot zoning or permit a highly noticeable change in uses. It is, therefore, the opinion of staff that the proposed zoning change would be reasonable and not limit the prospects for future residential development. RECOMMENDATION Based on the analysis performed, staff recommends that the Board of County Commissioners approve this request. JUL 1 1989 23 -1 r , JUL 18 1989 puQQ//��a 77 r,tUt e CJ Ji The Chairman asked if anyone wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously adopted Ordinance 89-21, approving rezoning of property at the NW corner of 66th Avenue and 69th Street to A-1 as requested by Ben Bailey, III. ORDINANCE NO. 89- 21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RR -1, RURAL RESIDENTIAL DISTRICT TO A-1, AGRICULTURAL DISTRICT, FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 66TH AVENUE AND 69TH STREET 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 Countyl and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which par;ties 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 -wits _ The east t 300 feet of Tract 16 in Section 6, Township 32 South, Range 39 East. Be changed froms RR -1, Rural Residential District to A-1, Agricultural 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 18th day of July , 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 26th day of June , 1989, for a public hearing to be held on the 18th day of July , 1989, at which time it was moved for adoption by Commissioner Eggert , second- ed by Commissioner Scurlock , and adopted by the following votes Chairman Gary C. Wheeler Aye Vice Chairman Carolyn C. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 24 By ® Gary C heeler, Ca rman - RECONSIDER PARTICIPATION IN ST. JOHN'S WELL PLUGGING PROGRAM Director Keating reviewed the following: TO: James Chandler County Administrator FROM: Robert M. Keating, AICPML—' Community Development Director DATE: July 10, 1989 SUBJECT: RECONSIDERATION OF REQUEST FOR APPROVAL FOR COUNTY TO PARTICIPATE IN ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT WELL PLUGGING PROGRAM. It is requested that the data herein presented be given formal consideration by the Board `of County Commissioners at their regular meeting of June 18, 1989. DESCRIPTION AND CONDITIONS: At the June 13, 1989 Board of County Commissioners meeting, the board considered the subject request. A copy of the agenda item presented at that meeting is attached to this memorandum. Several questions arose at that meeting regarding the subject request. Consequently, the board did not authorize participation in the SJRWMD cost sharing program. The board, however, did direct the staff to obtain more information on this matter. ALTERNATIVES AND ANALYSIS: Since the June 13, 1989 meeting, the staff has contacted the SJRWMD staff regarding the questions raised by the board. To address those questions, a SJRWMD staff representative will attend the July 18, 1989 meeting. The planning staff has also reduced the funding amount requested for allocation to this program. Instead of $30,000, the staff has reduced the proposed allocation to $15,000. With the district's $15,000 match, this would result in a total program of $30,000. Approval of this request only indicates that the board concurs with the concept of participation in the program and agrees to budget the referenced funds in FY 89-90. No money will be expended for this program until a subsequent agreement with the district is approved by the board. RECOMMENDATION: The staff recommends that the Board of County Commissioners agree to participate in the SJRWMD cost-sharing, well plugging program and agree to include $15,000 for the program for FY 89-90 budget. J U L 18 1989 25 RvoK i Jb JUL 18 1989 �Uor Director Keating emphasized that this is just a request for the Board to approve this as a budgetary item for inclusion in next year's budget. He then introduced Doug Munch, Division Director of St. John's Water Management District, and Jeffrey Davis, Hydrologist. Mr. Munch, District Division Director for Ground Water Programs, reviewed the history of the District's program. He noted they actually started an inventory of free flowing wells back in 1979 and in 1981 had their first cooperative agreement with Brevard County. In 1983, the Legislature passed the Water Quality Assurance Act which required the Water Management Districts to inventory all free flowing wells and to plug all wells in that inventory by January, 1992. The Legislature, however, was not good with coming up with the funds, and frankly, the District will not reach that 192 deadline. Mr. Munch advised that currently their inventory includes approximately 600 wells, and to date they have plugged 333 throughout the District, or the equivalent of about 50 million gpd, which amount is comparable to about 750 of the total water use in Duval County where Jacksonville is located. They have been working with Brevard County since 1981 and have done 151 wells there on a 50/50 cost share program in that time. Mr. Munch stressed that they concentrate the program now where the money is focused. They originally only had 26 wells inventoried in Seminole County, but since the public found out about the cooperative program and learned that it was no cost to them, the inventory in Seminole County has grown to approximately 250 wells. Mr. Munch advised that one of the detriments of enforcement is that it causes people to hide instead of coming out to solve the problem, and it also causes them to take action on their own without the proper technology, which ends up causing a more severe problem. He stressed that enforcement is the District Board's last option; it is not only unsuccessful, but it is not a cost effective way to deal with the problem. 26. Mr. Munch informed the Board that next year they anticipate cooperative agreements with Seminole, Volusia, and Brevard, and they would like to have such an agreement with Indian River County, if at all possible, for wells existing on currently developed lands or residential subdivisions. They also hope to have a cooperative agreement with ASCS (Agricultural Stabiliza- tion Conservation Service) where they can take care of abandoned agricultural wells on a 75/25 funding arrangement. Although they only have a small number of wells on their inventory in Indian River County, they feel the magnitude may be equivalent to what Is in Brevard, and that there may be 200/300 existing wells here. Commissioner Bowman asked how many wells they have already plugged in this county, and Mr. Munch stated less than 12. He reported that the average cost of plugging a well has been running at $1,200. That is the actual contractor cost. When you add staff time and overhead, the cost would be closer to $2,400. The District absorbs staff time and overhead, and what is billed to the county is only contractual costs. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously approved staff recommendation to include $15,000 for the well plugging program in the FY 89/90 budget and authorized negotia- ting an agreement with the Water Management District. Commissioner Bird wished to know if someone Puts down a new flow well in the county, what size needs to be permitted and what doesn't. Mr. Munch advised that the District does not deal with wells under 6" unless it is a public supply well. For wells 6" or greater, you need a consumptive use permit. Ff 27 5Lo 6'- � fA,,r ° f JUL 18 1989 J U L 19 1999BOoK '77 r.,l. 358 JAIL PHASE II - DETENTION ELECTRONICS General Services Director Dean reviewed the following: DATE: July 17, 1989 TO: James E. Chandler County Administrator FROM: H. T. "Sonny" Dean, Directojfl� Department of General Serys SUBJ: Indian, River County Jail phane Il Detention Electronics On June 20, 1989, this writer made a recommendation to the Board of County Commissioners to proceed with hiring a detention electronics engineer to design a system that would function properly in the subject facility. This recommendation was based on: 1. Present equipment failure to perform as designed. 2. Past non-performance by the contractor to make the necessary repairs. 3. Recommendation of the architect, W. R. Frizzell. 4. County's liability with the equipment as presently installed. This phase of the jail was turned over to the County on January 15, 1988. We had one year warranty on the equipment. The contractor and sub -contractors were notified verbally several times and in writing on May 10, 1988 of problems with equipment failure. At the June 20 meeting Neil Schopke, contractor for Phase II, and a representative from Electronic Control Systems, Inc. request three weeks to install some new panels on the console and make the necessary repairs. The Board authorized this additional time for the contractor. On July 14, 1989 this writer made an inspection of the facility to ascertain the repair of the electronic system. There were thirty-nine (39) items that were not functioning properly. A list of these items were given to Dean and Associates representative on site, who was working on the various systems. Among the problem areas was the F. E.A.R. (Fire Emergency Automated Response) system that controls the sprinkler and smoke exhaust functions within the facility. On Monday, July 17, 1989 this writer made another inspection to ascertain the progress of work on the electronic systems. An inventory indicates that there are still thirty-nine items that do not function properly. Dean and Associates personnel were still on the scene working. It is my opinion that this system will never function as designed without some major designed changes based on the historical record of problems and comments made by various personnel working on the electronics. It is also felt that the County has a tremendous liability with jail staff as well as the inmates of the facility. Without the F. E. A. R. system operating properly smoke cannot be exhausted if we should 28 experience a fire within the facility. I am not sure the sprinkler system would function until the fire department arrived and made a manual hook-up. The doors and indicator lights do not work properly from their control point which does not allow the staff to know what position that door is in. The staff communication systems do not function properly which does not allow the control room operator to know from where a call is originating if an officer were in trouble and needed help. It is my recommendation that some immediate action needs to be taken that will provide jail staff with a system that will function as originally intended. Director Dean informed the Board that Mr. Neil Schopke is here as well as a representative from the architects, W. R. Frizzell. Staff recommendation is still the same. There does not seem to be an end to someone trying to fix the electronics out there, and here we are a year later still in the same process. Staff recommendation, based on the 4 items cited and the recommendation of W.R. Frizzell, is that we continue on with hiring an engineer to design an electronic system there that will be workable and go against the applicable bonding companies. Commissioner Scurlock asked if the County Attorney had any comments on the legal aspects of this. County Attorney Vitunac confirmed that we will be exactly where we were three weeks ago. His office will write another letter stating that we gave them the 3 weeks as requested; per- formance is still not satisfactory; and we are continuing against their bonding company. He believed we have bent over backwards twice or more to give them an opportunity to fix that job. Commissioner Bird stated that his big concern is whether we can go out and find an expert that is any smarter than the last one we had. We thought we had the foremost experts in the county design us a state-of-the-art Jail, and now it turns out that we somehow overlooked providing adequate space for juvenile prisoners or female prisoners. Chairman Wheeler noted that to add to that, we don't even have adequate space at the Jail whether or not it contains juveniles or females. When all the phases are completed, we will have adequate space, however. JUL I Pi 'M89 29 C,U 0 F r7 7 f1r, F.r JUL 10 1999 "`�F BOOK Commissioner Bird questioned that because he was told that there was only space provided to house 6 female prisoners, and he did not feel that projection is realistic. Commissioner Scurlock believed we specifically discussed that issue in the planning stages, and he would like an answer from the architects who were supposed to have the expertise in that area. Ron Sebring of Frizzell Architects stated that he could not address the initial design because he wasn't around then. He would assume, however, that someone ran a count on numbers of prisoners, classifications, etc. He did know that this Jail was master planned for several phases and also knew that the prisoner population has been a very difficult number to pin down. Commissioner Scurlock noted that we hired professionals based on the presentation made to us and thought we had the best, but those skills apparently were off base in light of what actually did occur. Chairman Wheeler hated to see either the architectural firm or the County taking a bum rap. The recommendation originally made by the Committee and the architect was to do all 3 phases at once, but we chose to go one at a time. If we had all three phases completed now, we wouldn't have an overcrowding problem. Another factor is that the Legislature changed the sentencing guidelines which dramatically changed the function of the County Jail, and we went from having 90% misdemeanors to 90% unsentenced felons. We actually have turned our County Jail into a County supported state prison, and that's our problem. Commissioner Scurlock believed one basic problem was that when this was phased, no provisions were made for having cables from one phase to another. Phasing to him says each phase should be compatible with the next; our architect completely left that planning out; and it cost us additional dollars. We have had significant problems and have relied on experts to come up with answers, and they have failed in a number of cases. He believed 30 M that goes from the architect to the contractor to the subcontrac- tors. The Commissioners try to do the best we can and try to rely on our various levels of expertise with the consultants we hire, and he agreed with Commissioner Bird that we have been let down to some extent. Chairman Wheeler asked what problem have we had with electronics in Phase 1, and Director Dean advised that Phase I has not been a big problem; it is in Phase II. "The Chairman noted that the previous Commission allowed Schopke to make his recommended change of the engineers and designers of the Phase I electronics to ECSI" Mr. Schopke came before the Board and thanked them for their patience. He stated that he will not speak in defense of ECSI any further other than to say that they are out there and just assured him by telephone that they will be 100% completed this afternoon and 9 new TV monitors would be installed tomorrow. He agreed this all has been very frustrating for everyone. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, to approve staff recommendation to proceed with hiring a detention electronics engineer to design a system that will function as originally intended and then if all the wonderful things promised happen in the meantime, we can abort that action. Commissioner Bird believed it will take some time to do whatever we are going to do to get the new engineer on board. General Services Director Dean noted that we already have a recommendation from Frizzell of an engineering firm, which is the same firm that has designed the electronics in Phase Ill. A few days will not make that much difference, however. 31 J U L 18 19839 TaJBI L �JUL IS 1989 77 " Commissioner Bowman asked if this means that we have to rewire Phase I to make it compatible, and was informed that is not necessary. Commissioner Bird hoped we could have another staff report updating us on this situation at the next meeting. County Attorney Vitunac asked if the recommendation is to go ahead and hire the new electrical engineer and get ECSI off the job. He noted that we were ready to hire someone 3 weeks ago, and Director Dean confirmed that staff is ready to bring the contract back to the Board for approval. In further discussion, it was noted that there is a week to see how this all works out before the contract can be brought back in any event. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and.carried unanimously. AGREEMENT W/INDIAN RIVER FARMS WATER CONTROL DIST. TO RELOCATE LUNDBERG ROAD Public Works Director Davis reviewed the following: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E.,• Public Works Director SUBJECT: Agreement with Indian River Farms Water Control District to Relocate Lundberg Road DATE: July 11, 1989 DESCRIPTION AND CONDITIONS The Indian River Community College has requested that paving of Lundberg Road be extended 260' to the west. The County paved Lundberg Road in 1980 along an improper alignment which resulted in the road being placed south of the easement which the Indian River Farms Water Control District (IRFWCD) granted to the County. Our past agreement .with the IRFWCD on the mistaken alignment basically committed the County to relocating the paved section of Lundberg Road when resurfacing or major road repair 32 was needed or at a time when the District requested the relocation due to maintenance or canal expansion requirements, whatever first applies. The County continues to stand behind this agreement. In addition, the Community College is requesting that the County fund the cost of materials to extend the road (approx. $3,000), and the College will fund labor and equipment. ANALYSIS The District has request that an agreement between the County and the District be executed to formally establish the County's intent to relocate Lundberg Road within the permitted alignment. The County's Road and Bridge Division budget does not have a surplus of $3000 to fund the cost of materials. RECOM ENDATIONS It is recommended that the Board Chairman and Clerk be authorized to execute the attached Intergovernmental Agreement, and that the Community college fund the complete cost of the extension. Commissioner Scurlock stated that he was in favor of staff's recommendation, except in regard to the $3,000. Administrator Chandler believed we do have $3,000 in another account that could cover that expense, and he would feel that expense may be merited. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously authorized the Chairman to execute the Intergovernmental Agree- ment with the Indian River Farms Water Control District and directed that the $3,000 for materials be funded from whatever account is designated by the Administrator. JUL 1E W89 33 r-3 r�� e�o� j r.,or:� ►-AUL 1 8 Boor INTERGOVERNMENTAL AGREEMENT AN INTERGOVERNMENTAL AGREEMENT made this day of 1989, between INDIAN RIVER COUNTY, a political s bdivision of the State of Florida, having its principal office at 1840 25th Street, Vero Beach, Florida 32960, hereinafter referred to as the COUNTY, and INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district operating under the authority of Chapter 298, Florida Statutes, having its principal office at 4400 20th Street, Vero Beach, Florida 32960, hereinafter referred to as the DISTRICT. In consideration of the mutual covenants contained herein the parties agree as follows: 1. PROPERTY: The DISTRICT owns a three hundred foot wide - 7 Main Relief Canal Right-of-way which traverses Indian River County in a southwest -northeasterly direction between Kings Highway (AKA 58th Avenue) and Lateral "A" Road (AKA 66th Avenue) south of SR60, and On July 14, 1977, the DISTRICT granted permission for the COUNTY to use the north twelve feet of the aforementioned Main Relief Canal right-of-way for the construction of a public road known as Lundberg Road(copy of DISTRICT minutes dated July 14, 1977 attached as Exhibit "A"). In late 1980, the COUNTY proceeded to pave a twenty foot wide road within the north fifty feet of the Main Relief Canal right-of-way to provide a paved roadway from Kings Highway to the Indian River Community College. The location of which paved road is not the agreed upon location as permitted on July 14, 1977 by the DISTRICT. 2. PURPOSE: In May, 1989, the Indian River Community College desires to extend the paved section of Lundberg Road westerly for a distance of approximately two hundred sixty feet. Since. this extension would exacerbate the misalignment of the paved road within DISTRICT right-of-way, the DISTRICT has requested that an AGREEMENT between the COUNTY and the DISTRICT be executed to formally establish the COUNTY'S intent to relocate Lundberg Road within the permitted alignment. The purpose of this AGREEMENT is to establish the COUNTY'S responsibility to relocate the paved section of Lundberg Road west of Kings Highway (58th Avenue) in K3: Indian River County, Florida to the northerly 12 feet of DISTRICT'S right-of-way and to affirm the DISTRICT'S consent to allow the existing paved roadway of Lundberg Road to remain and be extended approximately two hundred sixty feet westerly until the COUNTY relocates the existing and proposed road. 3. CONDITIONS: The COUNTY agrees to remove the paved section of Lundberg Road from Kings Highway to the proposed new driveway of the Indian River Community College within five years _of the date of this AGREEMENT, or whenever repaving or major repairs are required, whatever date occurs first. The COUNTY will construct a new two-lane paved road within a proper alignment along the Lundberg Road corridor, as permitted by the DISTRICT. The COUNTY may construct Lundberg Road outside of the DISTRICT'S right-of-way without the DISTRICT'S consent. The DISTRICT agrees to permit the existing paved section of Lundberg road to remain until repaving or major road repair is needed or up to a maximum time period, of five years from the date of this AGREEMENT, whichever date occurs first. In addition,'the DISTRICT agrees to permit the extension of the paved road to the new proposed driveway of the Indian River Community College with the understanding that the extension is also to be removed by the COUNTY. 4. This AGREEMENT shall be specifically enforceable by the DISTRICT. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. ATTEST BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 9, C, Ga C. Wheeler Chkirman Ai &eey Barton Clerk to the Boa _/ 7— /9— 9' 9 ( SEAL ) Indian fiver Co. Approved g9 Dale Admin. Legal -. Budget D e p t3k4h G Za Risk Mgr. Iu INDIAN RIVER F,AR CONTROL DISTRICT BY (SEAL) JUL 18 1989 35 no K. 77r'.1 r ��l�ief' r -7 i UL 1 `3 1989 Door 7 _.._ Iiai➢..➢i��� . .1� ➢.��1��'1�5 1�t�"�'➢;➢� a1��[yt�l.���:11�. �➢.'��➢�:`➢ Regular Monthly'Meeting Board of Supervisors Indian River Farms Water Management District July 14, 1977 The regular monthly meeting of the Board of Supervisors was held r-' in the office of the District in Vero Beach, Florida on Thursday, July ?" 14, 1977 at 2:00 o'clock P.M. Those present were Supervisors P. R. Robertson, W. C. Graves III and F. D. Gunter; Secretary John Amos, Attorney Charles Smith and: Surveyor Marvin Carter. Minutes of the, previous meeting were read and approved. Cash on hand •aas given as $46,308.42 as of June 30, 1977. On move by Supevisor Graves And seconded by Supervisor Gunter the following vouchers were approved for pavment: 396 -Office payroll 397 -Postmaster 398 -Crew payroll 399 -Carter Associates 400-F1. Retirement System 401-S. S. Trust Fund 402 -First Westside Bank 403 -Future Horizons, Inc. 404 -City of Vero Beach 405 -Blue Cross of.Fla. 406 -Morse's 407-Velde Ford,.Inc. 408 -Rice's Chrysler Marina 409 -Knight & Mathis 410 -Vero Beach Automotive 411 -King's Ideal Supply 412-Kershner Tire Center 413 -Firestone Stores 414 -Vero Chemical Dist. 415-Berggren Equip. Co. 416 -Auto Supply Co. 417 -Clyde Howard Paint 418-Skiscim Camera Shop 1191.33 419-I.R. Uniform Rental 75.45 13.00 420 -Newsom Oil Co. 57.10 1950.92 421 -Crawler Tractor Co. 109.96 832.75 422-W. W. Williams Co. 242.67 729.15 423-Neely's Repair.Shop 73.50 944.94 424 -Crew payroll, 102.64 868.60 425 -Southern Be11,,Tel.. 61.45 361.07 426 -Ft. Pierce Oxygeri 8.36 183.56 427 -Standard Oil Co. 710.59 628.30 428 -Texaco, Inc. 75.60 95.85 429 -Office payroll 1216.33 ' .12.05 430 -Crew payroll 2195.40 79.05 431 -Crew payroll 315.84 54.57 432 -John Amos . 27.75 263.07 433 -Crew payroll 160.69 83.98 434 -Sou. Farm Bureau 160.80 17.97 435-I. B. M., Corpp. 65.00 2.00 436 -Office payroll 1216.33 94.25 437 -Smith, death,. Smith & 68.33 O' llaire 225.00 2.07 438 -Office payroll 60.00 67.36 439 -Carter Associates 225.00 159.00 TOTAL 16088.63 Mr. Bob Durham presented to the Board a tentative request from Southern Bell to place plastic conduit under the bottom of Lateral E Canal. The•Board authorized Surveyor Carter to work with Mr. Durham on the plans.. Mr. Jack Jennings appeared before the Board on behalf of the Indian River County Commissioners�to check into the exact amount of right of way the Board is willing to donate to the county for the construction of a paved road to Indian River Communit�y.College. The 'Board restated that the maximum amount of"twelve-feet along the road right of way is all the footage that may be used'. Attorney Smith presented a Quit -Claim deed forapproval by the Board. On move by Supervisor Gunter and seconded by. Supervisor Graves 10 1 I.R.BLVD. FORCE MAIN CONTRACT - MODIFICATION TO WORK AUTH. #1 - W/LLOYD & ASSOCIATES The Board reviewed memo from Projects Engineer McCain: DATE: JUNE 23, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO DIRECTOR OF UTILI Y SERVICES STAFFED AND PREPARED BY: WILLIAM F. MCCAIN PROJECTS ENGINES SUBJECT: MODIFICATION TO WORK AUTHORIZATION NO. 1 INDIAN RIVER BOULEVARD FORCE MAIN CONTRACT IRC PROJECT NO: US -88 -20 -CCS BACKGROUND: On February 20, 1989, the Board of County Commissioners approved Work Authorization No. 1 with Lloyd & Associates, Inc., for the design of the Indian River Boulevard Force Main. We wish to make several modifications to the existing Work Authorization. The first modification is specific to Work Authorization No. 1; the second is to change insurance requirements for all Lloyd Work Authorizations with the Utilities Department. (See attached original of Work Authorization No. 1 referring to Insurance.) ANALYSIS: The modifications are as follows: 1. The Project Limits and Scope of Work (Sections I and II) are amended to include a 10 inch force main down 10th Street from 6th Avenue to Indian River Boulevard. 2. The Professional Liability Insurance Requirements of Section XVII, B is changed to allow a $300,000 deductible, but require a coverage amount of $3,000,000. RECOMMENDATION: The staff of the Department of Utility Services recommends approval of the attached amendment to Work Authorization No. 1. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved amendment to Work Authorization No. 1 as recommended by staff. 37 JUL IS 1989 LAOD 77 'JUL -1 `1989 moK 77 FIRST MODIFICATION TO WORK AUTHORIZATION NO. 1 TO THE PROFESSIONAL CIVIL ENGINEERING MASTER AGREEMENT DATED OCTOBER 4, 1988, BETWEEN LLOYD & ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA. 12 -INCH FORCE MAIN This First I•I_,dification to Work Authorization No. l makes the following changes: 1. The Project Limits and Scope of Work (Sections I and II, respectively) is amended to include a 10 -inch force main down 10th Street trom 6th Avenue to Indian River Boulevard and 2. The Professional Liability Insurance regiz.irements of Section XVII, B is changed to allow a $300,:)00 deductible, but require a coverage amount of $3,000,000. 3. The following indemnity provision is added to Section XVII as Subparagraph H: The ENGINEER shall indemnify the COUNTY and its commissioners and employees for claims cau-_�ed solely by the negligence of the ENGINEER anti/car its employees, but on].;, to the extent tht-.1 ENGINEER is sri tern indemnified under the insgring agreements maintained by the ENGINEER as outlined in Paragraphs A. through G. above. IN 1-711'NFSS WHEREOF the parties have executed this First Modification to Work Authorization by their respective officers or representatives below on the date listed bel^w. LLOYD & ASSOCIATES, INC. 1835 20th Street Vero Beach, FL 32960 1.14 M. William 11yerY, 1Jr., P.E. Vice President and Chief Operating Officer //? - Attest: t4�, 1 - E 1 z F etn M. Agosti i U Assistant Secretary BOARD OF .COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 1840 25th Street Vero Beach, FL 32960 By 6 Gary C. eeler Chair ma Ey Jffr clerk Date:_�_� WASTEWATER SYSTEM LEASE AGREEMENT W/CUSTOMER SERVICE, INC. Director Pinto reviewed the following, noting that it was put on the Agenda mainly for information purposes so that the Board can look at it before it comes up for public hearing: 38 DATE: JUNE 27, 1989 TO: JAMES E. CHANDLER. COUNTY ADMINISTRAT , FROM: TERRANCE G. PINT 0 DIRECTOR OF UTILI VICES PREPARED AND HARRY E. ASHER STAFFED BY: ASSISTANT DIRECTOR OF/A�'INISTRATION DEPARTMENT OF UTILITY SERVICES SUBJECT: PROPOSED WASTEWATER SYSTEM LEASE AGREEMENT BETWEEN CUSTOMER SERVICE, INC., AND INDIAN RIVER COUNTY BACKGROUND: Customer Service, Inc., currently owns and operates a .100 million gallon per day wastewater system in Indian River County, Florida, under a franchise known as "Customer Service, Inc., Water and Sewer Franchise" (CSI). Indian River County currently supplies water service to the approximately 250 customers served by Customer Service, Inc., wastewater system. Customer Service, Inc., has approached Indian River County with a proposal to lease/operate its existing wastewater system for a period of ten years. The proposed lease fee is $50.00 per year for. the ten year period, plus taxes. Indian River County, through the Department of Utility Services, currently bills the existing customers of Customer Service, Inc., for the wastewater service through a Billing Agreement with Customer Service, Inc. ANALYSIS: Indian River County's policy has been to acquire/service such privately held utilities to expand its regional and subregional water and wastewater facilities. The leasing of this system will assist Indian River County in implementing this policy, in addition to expanding the customer base and service area of the County's wastewater system. It is projected that Indian River County will have its regional facility servicing this area within the term of the lease. Wastewater services can be provided to the Customer Service, Inc., existing franchise area without any significant effect on the operating costs of the County facilities and with no effect on the rates and charges of the existing County customers. It is proposed that, with the approval of the Lease Agreement, all customers within the CSI franchise area pay the current Indian River County wastewater rates, which will result in an increase over the current rates of CSI. RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Lease Agreement for wastewater service with Customer Service, Inc., and approve the implementation of Indian River County wastewater rates for the Customer Service, Inc., franchise area, based upon the outcome of the Public Hearing. 3 9 � ,�., � c.3 a JUL 1 J9 ROOK j Fa - JUL I ou `198 BUOK PACE c INDEMNITY AGREEMT W/CITY OF VERO BEACH RE ABANDONMENT OF 22ND ST. The Board reviewed memo of County Attorney Vitunac: TO: Board of County Commissioners (� r �J FROM: Charles P. Vitunac, County Attorney DATE: June 28, 1989 RE: LIBRARY - ABANDONMENT OF 22nd STREET As part of the agreement between the County and the City for abandonment of 22nd Street between 16th Avenue and 17th Avenue, the City of Vero Beach is requiring that the County indemnify the City against actions filed as a result of the abandonment. The attached indemnity agreement would provide such an indemnity. Once this indemnity agreement is signed by the City of Vero Beach, the City will file its ordinances abandoning the road and alleyway. Staff recommends execution of agreement. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved Indemnity Agreement with the City of Vero Beach con- cerning the abandonment of the portion of 22nd Street between 16th and 17th Avenues for use by the Library. SAID AGREEMENT WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED. 40 a � � RESOLUTION APPOINTING P.A.A.B. MEMBERS AND PROVIDING FOR PER DIEM COMPENSATION The Board reviewed the following memo: TO: The Board of County Commissioners FROM: W-'. William G. Collins If - Assistant County Attorney DATE: July 12, 1989 SUBJECT: Resolution Appointing Property Appraisal Adjustment Board Members and Providing for Per Diem Compensation for Property Appraisal Adjustment Board Members Pursuant to Chapter 194, Florida Statutes, the Board is advised to: 1. Appoint by Resolution three members of the Board to serve on the Property Appraisal Adjustment Board for 1989 with two alternates. 2. Provide by resolution for per diem compensation to the Property Appraisal Adjustment Board members. The amount of such compensation is established by statute if the Board of County Commissioners and the School Board of Indian River County elect to allow such compensation. Since the School Board appoints two members to the Property Appraisal Adjustment Board, two-fifths of the expenses of the Board are borne by the School Board and three-fifths by the County Commission. An appropriate resolution is attached for your approval. After some discussion, Commissioners Eggert and Bird and Chairman Wheeler volunteered to serve on the P.A.A.B. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Scurlock, the Board unanimously adopted Resolution 89-72 appointing the 1989 P.A.A.B. Board members and providing for statutory per diem compen- sation. 41 JUL ib iiti L_ RUCK FA'LF.371 JL I Z 1989 0 oa/ A .d.s. N BOOK PAIR V3 RESOLUTION NO. 89- 72 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPOINTING THE 1989 PROPERTY APPRAISAL ADJUSTMENT BOARD MEMBERS, AND PROVIDING FOR STATUTORY PER DIEM COMPENSATION. WHEREAS, the Board of County Commissioners is required to appoint three members to the Property Appraisal Adjustment Board by Florida Statutes, Section 199.015; and WHEREAS, it Is contemplated that the School Board of Indian River County will adopt a resolution appointing Its membership to the Board and providing for allowance of per diem compensation for such members in accordance with Florida Statutes, Section 194.01,5 (1987); and WHEREAS, the cited statute requires a specific election from both the County Commission and the School Board In order to allow such compensation, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: 1. The foregoing recitals are hereby ratified and acknowledged; 2. Carolyn K. Eggert _ Gary C. UNeeler , and Richard N. Bird are appointed to the 1989 Property Appraisal Adjustment Board with Don C. Scurlock, Jr -and Margaret C. Bowmanas alternates; and 3. The above-named members of the 1989 Property Appraisal Adjustment Board, or their duly authorized replacements, may receive per diem compensation for services provided on the board as allowed by law for State employees, pursuant to the above cited statute. The foregoing resolution was offered by Commissioner Bird who moved Its adoption. The motion was seconded by Commissioner Scurlock and, upon being put to a•votq, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock., Jr. Aye The Chairman thereupon declared Resolution No. 89- 72 duly passed and adopted this 18th day of July , 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By nary -WFee er; ZTia rmT'an 42 y , 41 Copy of School Board Resolution appointing members to the P.A.A.B _for 1989 is made a part of the record as follows: Resolution 090-01 BE IT RESOLVED BY THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA: That, Sandra L. Bowden and William L. Marine, Jr. are hereby appointed to serve on the Property Appraisal Adjustment Board on behalf of Indian River County for 1989, with Mr. Joe N. Idlette, Jr. and Mr. Gene Waddell as alternates. BE IT FURTHER RESOLVED that the members of the Board or their respective replacements shall • receive such per diem compensation as is allowed by law for state employees. This provision shall be effective only upon the Board of County Commissioners of Indian River County, Florida passing a similar resolution; the two resolutions combined shall have the effect of an election by the two bodies to allow for compensation as provided by law (Chapter 194, Florida Statutes). DONE this 22nd day of November, 1988 by the Indian River County School Board in open and regularly scheduled meeting at Vero Beach, Florida. I, Gary W. Norris, Superintendent of Schools and as Secretary of the Indian River County School Board, hereby certify the foregoing to be a true and correct copy of a resolution regularly adopted by the School Board of Indian River County, Florida at the annual organizational meeting of said Board on the 22nd day of November, 1988 as per Minute Book No. 24, Page 213. D .• Gary l . Norris, uperintendent and Secretary (SEAL). 43 pooK 77 I J U L 100 1989 BooK. ` 7 LAW LIBRARY_AGREEMENT The Board reviewed memo from Commissioner Eggert: TO: Board of County DATE: July 13, 1989 FILE: Commissioners ClS- FROM: Carolyn K. Eggert County Commissioner SUBJECT: Law Library Agreement REFERENCES: At a meeting at noon today the Law Library Trustees voted to ask the County to operate the Law Library effective October 1, 1989 according to the terms set up by an agreement drafted by Charles Vitunac. Signed copies of this agreement have been returned to the County for approval by the County Commission. The Trustees also voted to recommend to the Board of County Commissioners that Circuit Court filing fees be raised from $10.00 to $14.00 and County Court filing fees be raised from $3.00 to $4.00 - a 40% increase beginning October 1, 1989 - in accordance with the special bill approved by the Legislature this session. The Bar Association presented -the special bill which allows doubling the filing fees - in the Bar Association's mind, over 10 years. The BAr Association also recommended the 40$ increase this year. RECOMMENDATION: 1. That the Board of County Commissioners approve and sign the agreement for the County to operate the Law Library effective October 1, 1989. 2. That the Board of County Commissioners approve a $4.00 increase in the Circuit Court filing fees, and a $1.00 increase in the County Court filing fees beginning October 1, 1989. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Agreement with the Board of Trustees, Indian River County Law Library and approved increase in Circuit Court filing fees, and County Court filing fees beginning October 1, 1989, as set out above. 44 A G R E E M E N T BETWEEN INDIAN RIVER COUNTY, FLORIDA, AND THE BOARD OF TRUSTEES, INDIAN RIVER COUNTY LAW LIBRARY TH I S AGREEMENT, made this _18th day of July , 1989, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960 (COUNTY) and the BOARD OF TRUSTEES, INDIAN RIVER COUNTY LAW LIBRARY, a special agency created by Chapter 57-1410, Laws of Florida, (the TRUSTEES), W I T N E S S E T H r' WHEREAS, the TRUSTEES were created by Special Act of the Florida Legislature, Chapter #57-1410, Laws of Florida, to establish, operate, and maintain a law library for the citizens of Indian River County; and WHEREAS, through the years the TRUST9ES have done a fine job in establishing a law library for Indian River County for funds raised, in part, through the collection of special surcharges on filing fees; and WHEREAS, COUNTY is now developing plans for a new COUNTY courthouse, in which the law library will be located; and WHEREAS, the increasing demands for space, books, equipment, and other professional services make It desirable that the COUNTY operate and maintain the law library; and WHEREAS, the TRUSTEES have authority by Special Act to -contract with the COUNTY for the COUNTY to operate and maintain the law library; and - WHEREAS, the TRUSTEES feel that such a contract would be in the public Interest of the users of the law library; and WHEREAS, the COUNTY Is willing to undertake this responsibility because the COUNTY believes that it will benefit the public, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, as well as other good and valuable consideration, the COUNTY and SELLER agree as follows: 1. Beginning October 1, undertake complete responsibility 45 UL n `1999 1989, the COUNTY shall for operating and NOI' ( (' yy gip/ A 7 37 JUL 18 M maintaining the law Ilbrary located presently in the Annex to the Courthouse. The COUNTY will have complete authority to purchase books, arrange books, establish hours of operation, hire and supervise employees, and perform any other acts consistent with sound law library management. 2. There shall be a Law Library Advisory Committee composed of one County Commissioner or designee, one Circuit or County Judge or designee, and one member of the Indian River County Bar Association. "Each parent organization shall choose Its own member. The Advisory Committee shall establish its own meeting schedule and rules and agendas. The Advisory Committee shall help the COUNTY establish an annual budget for the operation of the law library, give advice on law book or other equipment purchases, and assist in developing reasonable rules and regulations for the operation of the law Ilbrary. COUNTY agrees that on any matter of importance to the law•Iibrary, that it shall request advice from the Advisory Committee. 3. As a material consideration for this agreement, COUNTY acknowledges that as long as this operation contract is in force and effect, that the law library will not be moved from the courthouse, and that any new courthouse built in the County will have a law library contained within it. 4. This contract shall be continued automatically on a year-to-year basis unless either party gives at least six months' written notice of Its intention to cancel the contract. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. Attest ey Cle kA to th_e_ Bear Ktness ness - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA y -- c;a r fi/eeTe r - y - Chal an (SEAL) THE BOARD OF TRUSTEES, INDIAN RIVER COUNTY W LIBRARY By 46 RESOLUTION IN REGARD TO USING "CARL" FUNDS FOR MANATEE SANCTUARY Commissioner Bowman requested that the Board adopt a Resolu- tion supporting the purchase of property in the vicinity of the north and south forks of the Sebastian River with CARL funds for the purpose of creating a manatee sanctuary. Commissioner Bird noted that he would like to see a map of the area to be purchased. He wondered why we need so much upland property as he did not believe manatees come out of the water onto the land. Commissioner Bowman noted that the idea was to include some of the upland because you need that to protect your watershed, and also to keep out development as much as possible. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 89-73 supporting the purchase of property in the vicinity of the north and south forks of the Sebastian River with CARL funds for the purpose of creating a manatee sanctuary. RESOLUTION NO. 89- 73 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE PURCHASE OF PROPERTY IN THE VICINITY OF THE NORTH AND SOUTH FORKS OF THE SEBASTIAN RIVER WITH CARL FUNDS FOR THE PURPOSE OF CREATING A MANATEE SANCTUARY. WHEREAS, the State of Florida is considering the purchase of property in the vicinity of the north and south forks of the Sebastian River and the C-54 Canal outfall with CARL funds for the purpose of creating a manatee sanctuary; and WHEREAS, West Indian manatees congregate in significant numbers in the areas of the Sebastian River proposed for the sanctuary; and 47 FOLK 6 F'.,;r 'JUL 18 1989 WHEREAS, manatees are at substantial risk from recreational boat propeller blades; and WHEREAS, the creation of a sanctuary -would allow the imposition of speed restrictions on those portions of the Sebastian River within the manatee sanctuary and thus, afford additional protection to this endangered species, ,NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, as follows: 1. The above recitals are ratified and affirmed In their entirety. 2. The Board of County Commissioners of Indian River County, Florida supports the use of CARL funds for the purchase of areas of the north and south forks of the Sebastian River and in the vicinity of the C-54 Canal outfall for the purpose of establishing a manatee sanctuary area. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Bowman and; being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 18thday of July, 1989. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By v Nary— C Wheeler, Chairman It 8 SOUTH COUNTY FIRE AND NORTH COUNTY FIRE DISTRICTS The Chairman announced that the Board would recess temporar- ily in order that they might reconvene sitting as the District Board of Fire Commissioners of the South Indian River County Fire District and upon adjournment of that Board, again reconvene sitting as the District Board of Fire Commissioners of the North Indian River County Fire District. Those Minutes are being prepared separately. After holding the above Fire District meetings, the Board of County Commissioners with the same members present reconvened at 11:50 o'clock A.M. sitting as the District Board of Fire Commis- sioners for the West Indian River County Fire Protection Unit. WEST COUNTY FIRE DISTRICT Chairman Wheeler noted that it is necessary to have Board action to adopt the new reporting structure adopted for the North and South County Fire Districts. J U L 18 `1989 ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board of County Commissioners, sitting as the District Board of Fire Commissioners for the West Indian River County Fire Protection Unit unani- mously approved the Administrator's recommendation for reporting structure and created positions of Fire Administrator and Deputy Fire Administrator, appointing Administrator Chandler as Fire Administrator and Director Wright as Deputy Fire Administrator. 49 J U�� BOOK SALE OF LIBRARY BONDS County Attorney Vitunac handed the Board copies of the Resolution just handed him by Financial Advisor Art Diamond. Mr. Diamond informed the Board that they held the sale on the Library Bonds and opened the bids this morning. Ten bids were received, all of which were at very good rates, and the winning bid was the firm of William R. Hough & Company. Their bid on a true interest course is 6.31880; and the underwriter's spread, which is their discount is .34060. Mr. Diamond stressed that all the bids were excellent bids and we had real good interest from the marketplace on this issue. Commissioner Scurlock inquired what we are doing about insurance, and OMB Director Baird advised that we got 2 bids that were exactly the same and decided to go with FGIC (Financial Guarantee Insurance Corp:) because they have worked with us in the past. Based on prior cooperation, he would suggest that we go with them. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously adopted Resolu- tion 89-74 awarding 5.9 million General Obligation Bonds for improvements to and expansion of the County -wide library system to William R..Hough & Company. 50 I r ..INDIAN RIVER COUNTY, FLORIDA n RESOLUTION NO. 89 - 74 A RESOLUTION AWARDING AND SELLING $5,900,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES•1989, OF INDIAN RIVER COUNTY, FLORIDA, AT PUBLIC SALE BY COMPETITIVE BIDS, TO THE SUCCESSFUL BIDDER THEREFOR; AUTHORIZING AND APPROVING CERTAIN TERMS OF SAID BONDS; RATIFYING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE MARKETING OF SAID BONDS; AUTHORIZING ALL OTHER NECESSARY, DESIRABLE AND/OR APPROPRIATE ACTIONS IN CONNECTION WITH THE SALE, ISSUANCE AND DELIVERY OF SAID BONDS; APPOINTING A PAYING AGENT AND BOND REGISTRAR FOR SAID BONDS; AND SPECIFYING THE EFFECTIVE DATE HEREOF. WHEREAS, the Board of County Commissioners of Indian River County, Florida (the "Board" and the "County", respectively), by Resolution No. 86-41 and Resolution No. 89-62, duly adopted on July 16, 1986 and June 27, 1989, respectively, heretofore authorized the issuance of General Obligation Bonds, Series 1989, of the County in an aggregate principal amount not to exceed $5,900,000 (the "Bonds"); WHEREAS,.the County has determined that the Bonds be sold at public sale by competitive bids; WHEREAS, the County has published a notice of said sale at least ten'(10) days prior to the date of said sale, July 18, 1989, in one or more newspaper or financial journals published within or without the State of Florida; RESOLUTION 89-74 WITH ATTACHMENTS IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. Mr. Diamond advised that the closing will be on July 27th and introduced Clark Bennett of William R. Hough 8 Company who submitted their good faith check. mer 77 Grp{; JUL 18 1989 51 J U L 18 1989 SOLID WASTE DISPOSAL DISTRICT _31 - BOOK j FAQ .31 The Chairman announced that immediately upon adjournment the Board would reconvene sitting as the District Board of Commis- sioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board unanimously adjourned at 12:00 Noon. ATTEST: Clerk Chairman 52