Loading...
HomeMy WebLinkAbout2/12/1991 (2)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 12, 1991 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman Gary C. Wheeler, Vice Chairman Margaret C. Bowman Carolyn K. Eggert Don C. Scurlock James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board-- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION = None 3. PLEDGE OF ALLEGIANCE - Comm. Gary C. Wheeler 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS a. Comm'r. Wheeler requested out of town travel b. Cancellation of lease with City of Vero Beach for EMS Station. c. Developer's Agree. w/Windsor for water & wastewater ERUs d. Parks & Recreation Committee Meeting e. Resolution or proclamation for RALLY TO SUPPORT TROOPS. 5. PROCLAMATION AND PRESENTATIONS A. Adoption and Presentation of Proclamation honoring John Brenner for his service on the Planning and Zoning Commission B. Adoption and Presentation of Proclamation honoring Claude "Bud" Kleckner for his service on the Planning and Zoning Commission 6. APPROVAL OF MINUTES A. Regular meeting of 1/8/91 B. Regular Meeting of 1/15/91 7. CONSENT AGENDA A. Received and placed on file in the Office of Clerk to the Board: FEB 12 1991 Report of Convictions, month of •January, 1991 Minutes of the Board of Supervisors Meetings of the Indian River Farms Water Control District, from March, 1990 thru January, 1991 '.VC d4'�vd FEB 12 1991 BOOK PAGE 623 7. CONSENT• AGENDA (continued): B. Occupational Licenses taxes collected during month of January, 1991 (memorandum dated February 1, 1991) C. BCC approval of 9/18/90 minutes of the West County Fire District, acting as that District Board D. Release of Utility Liens (memorandum dated February 6, 1991) E. Agreement - IRC and Heidi H. Turk -Stewart Temporary Water Service (memorandum dated January 30, 1991) F. Ixora Distribution Work Center Warehouse Construction Contract (memorandum dated February 5, 1991) G. Re -roofing - Administration' Building (memorandum dated February 4, 1991) H. Friends of the Library - Lease Space (memorandum dated February 5, 1991) I. Interlocal Agreement Between IRC and St. Lucie County to Accommodate Construction and Use of a Residence for David and Saundra Gray (memorandum dated January 29, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Frank Nannarino request to speak concerning CARL Application (no backup material) B. PUBLIC HEARINGS 1. Construction of Recreation Path on West Side of AIA from South City Limit of. Vero Beach to South Moorings Line (Spyglass Lane) (memorandum dated February 5, 1991) 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING TITLE III, POLICE POWER ORDINANCES CHAPTER 300 - ALCOHOLIC BEVERAGES OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES Health Dept. Furnishings List (memorandum dated February 6, 1991) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Firing Range Facility - Consultant Ranking (memorandum dated February 5, 1991) 2. South Beach Recreation Path Joint Construction Agreement with the City of Vero Beach and Maintenance Agreement with FDOT (memorandum dated February 6, 1991) 3.. Request from Oliver Crews, Jr. for County to Reassume Maintenance of the 122nd Street Bridge Over Park Lateral Canal (memorandum dated February 1, 1991) 4. Policy on Use of Right -of -Way for Water Wells (memorandum dated February 5, 1991) H. UTILITIES None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER C. COMMISSIONER MARGARET C. BOWMAN FEB 12 1991 BOOK 82 ,/2,!1 FEB 12 1991 13. COMMISSIONERS ITEMS (continued): D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER DON C. SCURLOCK 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT None 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. Tuesday, February 12, 1991 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, February 12, 1991, at 9:00 a.m. Present were Richard N. Bird, Chairman; Gary Wheeler, Vice Chairman; Carolyn K. Eggert, Margaret C. Bowman and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Virginia Hargreaves and Patricia Held, Deputy Clerks. The Chairman called the meeting to order, and Gary C. Wheeler led the Pledge of Allegiance to the Flag. PROCLAMATIONS AND PRESENTATIONS Proclamation Honoring John Brenner Chairman Bird read aloud the following Proclamation honoring John Brenner for his service on the Planning and Zoning Commission and presented it to Mr. Brenner: 1 VEB 12 1991 BOOK 82 PAu[ 0' FEB 12 i991 P R O C LAM A -T I O N HONORING JOHN M. BRENNER FOR HIS SERVICE ON THE PLANNING AND ZONING COMMISSION WHEREAS, John M. Brenner served on the Planning and Zoning Commission from September, 1986 to January, 1991; and WHEREAS, he brought to the Planning and Zoning Commission the unique perspective of a practicing architect; and WHEREAS, John Brenner represented the varied interests of the county's design professionals in matters coming before the Planning and Zoning Commission; and WHEREAS, John served with distinction as vice chairman of the Planning and Zoning Commission: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS of Indian River County, Florida, that special thanks and appreciation be given to John M. Brenner for his years of diligent service on the Planning and Zoning Commission, and The Board further extends to John M. Brenner best wishes in all his future endeavors. Adopted this 12th day of February, 1991. 2 BOARD OF COUNTY COMMISSIONERS Indian River County, Florida Richard N. Bird, Chairman Proclamation Honoring Claude "Bud" Kleckner Chairman Bird read aloud the following Proclamation honoring Claude "Bud" Kleckner for his service on the Planning and Zoning Commission and presented it to Mr. Kleckner: PROCLAMATI O N HONORING CLAUDE C. "BUD" KLECKNER FOR HIS SERVICE ON THE PLANNING AND ZONING COMMISSION WHEREAS, Claude C. "Bud" Kleckner served on the Planning and Zoning Commission from 1986 to January, 1991; and WHEREAS, he always exhibited a special concern for natural resource protection and conservation matters; and WHEREAS, "Bud" Kleckner provided an environmental protection perspective to the deliberations of the Planning and Zoning Commission; and WHEREAS, "Bud" is now using his expertise effectively on the County's Land Acquisition Advisory Committee: WHEREAS, he spent many hours working on the comprehensive plan and the land development regulations, particularly the conservation and coastal zone elements of the comprehensive plan: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS of Indian River County, Florida, that special thanks and appreciation be given to Claude C. "Bud" Kleckner for his years of diligent service on the Planning and Zoning Commission, and The Board further extends to "Bud" Kleckner best wishes in all his future endeavors. Adopted this 12th day of February, 1991. 3 FEB 1 2 A991 BOARD OF COUNTY COMMISSIONERS Indian River County, Florida Richard N. Bird, Chairman p +�)a A`�� POCK ;d F'"!'uL Ei.r.8 Pr - FEB 12 ';99i LOOK e ` f'16E , �, ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Wheeler requested the addition under his matters of an item regarding approval of out of town travel. County Administrator Chandler requested the following two items be added to the agenda: a cancellation of lease with City of Vero Beach for EMS Station, as Item 11.B(1) and a Developers Agreement with Windsor Developers for water and wastewater ERUs, as Item 11,H. Chairman Bird advised that, time permitting, he would give a brief Parks and Recreation Committee Meeting report. He also has a request from the Veterans Service Officer for consideration of a Proclamation or Resolution to be presented at a rally to be held supporting our troops in the Middle East. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the addition of the foregoing items to the Agenda. Resolution Supporting Our Troops in the Middle East Veterans Service Officer Vince McCann came before the Board in regard to the following Troop Support Rally proposed for Sunday, February 17, 1991: "OPERATION - TROOP SUPPORT" (FROM INDIAN RIVER COUNTY WITH LAVE) COME ONE, ar`1E ALL - OLD OR YOUNG - OR SHORT OR TALL BRING YOUR FLAGS - AND YELLAW RIBBON TOO LET'S SUPPORT OUR TROOPS AND WAVE THE RED, WHITE & BWE!1111 PLACE: MEMORIAL ISLAND (RIVERSIDE PARK) DATE: SUNDAY, FEBRUARY 17, 1991 TIME: 2:00 P.M. THIS PROGRAM IS BEING SPONSORED BY THE CITIZENS OF INDIAN RIVER COUNTY. EVERYONE IS INVITED TO COME OUT AND SHOW YOUR SUPPORT FOR THE TROOPS. BRING A FLAG TO WAVE AMID A SEAT TO SIT ON. SUPPORT POSTERS AND BANNERS ARE WELCOME!111 EACH FAMILY IS ASKED TO BRING A 60 MINUTE BLANK, AUDIO CASSLiit.. THE RALLY WILL BE RECORDED AND COPIES WILL BE SENT TO THE TROOPS IN SAUDI ARABIA. "LET'S TIE A YELLOW RIBBON AROUND MEMORIAL ISLAND" 40-c7/ Mr. McCann felt it would be very nice if the Board would indicate their support of the Troops either with a Proclamation or Resolution which could be read at the Rally. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously approved Resolution 91-15 to be prepared by the County Attorney indicating our strong support of our troops who are fighting tyranny in the Middle East and declaring Sunday, February 17 "Troop Support Day" in Indian River County. RESOLUTION NO. 91-15 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DECLARING SUNDAY, FEBRUARY 17, 1991, OPERATION TROOP SUPPORT DAY AND ENDORSING A PUBLIC SHOWING OF SUPPORT AT A RALLY AT MEMORIAL ISLAND. WHEREAS, members of the United States Armed Forces are now stationed overseas in Saudi Arabia and other Middle Eastern countries and are engaged in operation Desert Storm, which was sanctioned overwhelmingly by the United Nations; and WHEREAS, it would be appropriate and helpful for our troops, who are daily risking their lives in a just fight against tyranny, to know that the American public in general and the citizens of Indian River County in particular strongly support them; and WHEREAS, Indian River County believes that this is a noble cause and that the public should observe a special day of remembrance for these troops, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 'INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board declares Sunday, February 17, 1991, Operation Troop Support Day, a special day of observance in support of these troops. 5 FEB 12 1991 FEB 12 991 BOOK FAGE 631 2. The Board encourages all people in Indian River County to assemble at 2:00 p.m. on Sunday, February 17, 1991, at Memorial Island, Riverside Park, Vero Beach, for a public demonstration of our support for our troops in the Middle East. The resolution was moved for adoption by Commissioner Wheeler _ and the motion was seconded by Commissioner Fn—°ert was as follows: , and, upon being put to a vote, the vote Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 12th day of February, 1991. Attest BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ��Tcchard—R.� rd Chairman K: Barton, Clerk ,tee. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 8, 1991. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of the Regular Meeting of January 8, 1991, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 15, 1991. There were none. 6 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of the Regular Meeting of January 15, 1991, as written. CONSENT AGENDA Chairman Bird stated that County Clerk Jeff Barton had asked that Item I be removed from the Consent Agenda for discussion and Commissioner Scurlock indicated that he also wished it removed. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the Consent Agenda with the deletion of Item I. A. Reports The following were received and placed on file in the Office of Clerk to the Board: Report of Convictions for the Month of January, 1991. Minutes of the Board of Supervisors Meetings of the Indian River Farms Water Control District from March, 1990 through January, 1991. B. Occupational License Report - January, 1991 The Board accepted the following report from Gene E. Morris, County Tax Collector: MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: February 1, 1991 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $7,822.34 was collected in occupational license taxes during the month of January 1991, representing the issuance of 295 licenses. 7 FEB 12 1991 BOOK Fat �2 FEB 12 19 C. BCC Approval of 9/18/90 Minutes of the West County Fire District Acting as that District Board Chairman Bird, acting as the Chairman of the District Board of Fire Commissioners of the West Indian River County Fire District, asked if there were any additions or corrections to the Minutes of the West County Fire District Meeting of September 18, 1990. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board, acting as the District Board of the West County Fire District, unanimously approved the Minutes of the District Meeting of September 18, 1990, as written. D. Release of Utility Liens The Board reviewed the following memo from Lea Keller, CLA: TO: Board of County Commissioners le• FROM: Lea R. Keller, CLA, County Attorney's Office DATE: February 6, 1991 RE: CONSENT AGENDA - B . C. C. MEETING 2/12/91 RELEASE OF UTILITY LIENS I have prepared the following lien related documents and request the Board authorize the Chairman to sign them: 1. Release of Water Lien - SUMMERPLACE in the names of: KLETTER SVENDSEN SPOTO DiMILO KENNEDY 2. Satisfaction of Impact Fee in the name of CISZEK Additional back-up information is on file in the County Attorney's Office. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman to execute the Releases and Satisfaction listed above. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 8 E. Agreement - IRC and Heidi H. Turk -Stewart - Temporary Water Service The Board reviewed the following memo from Capital Projects Engineer William McCain: DATE: JANUARY 30, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES SUBJECT: AGREEMENT INDIAN RIVER COUNTY AND HEIDI H. TURK-STEWART TEMPORARY WATER SERVICE PREPARED AND STAFFED BY: WILLIAM F. c AIN CAPITAL PR�� �GINEER DEPART -. f TILITY SERVICES BACKGROUND.. Heidi H. Turk -Stewart has requested that temporary service be installed from the water line on 2nd Street to service her property at 225 10th Avenue, Vero Beach, Florida 32962, prior to the installation of a water main on 10th Avenue. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to Heidi H. Turk -Stewart until such time that a water line is constructed on 10th Avenue by assessment. She agrees to pay all fees required to make this connection. She further agrees to participate in the assessment and to reconnect to this water line as required by IRCDUS. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Heidi H. Turk -Stewart on the Consent Agenda. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the Expedited Temporary Water Service Agreement with Heidi Turk -Stewart and authorized the Chairman to execute the Agreement as recommended by Staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 9 FEB 12 19,CY 800, FArA 631 IF - FEB SEE 12 1991 800K `�� PAGE F. Ixora Distribution Work Center Warehouse Construction Contract The Board reviewed the following memorandum from Assistant Director of Utility Services Harry Asher: DATE: FEBRUARY 5, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT* lb DIRECTOR OF UTIL`.a SERVICES PREPARED AND STAFFED BY: HARRY E. ASHER 7��l.� ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: IXORA DISTRIBUTION WORK CENTER WAREHOUSE CONSTRUCTION CONTRACT BACKGROUND On January 29, 1991, the Board of County Commissioners approved the contract and change order with Hunley-Hubbard Construction for the construction of the Ixora Distribution Work Center. The change order was inadvertently left out of the attachments to the Agenda Item. ANALYSIS The change order as attached reflects additional items that were set forth and approved in the original Agenda Item. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners authorize the execution of the attached change order to the Hunley-Hubbard Construction contract as approved on -January 29, 1991. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Change Order Number 1 to the Hunley-Hubbard Construction contract as approved but inadvertently omitted at the January 29, 1991 Board meeting. 10 PROJECT: I.R.C. Utilities Warehouse CHANGE ORDER NUMBER: (name, address) Ixora Utilities complex Vero Beach, F1 DATE: TO CONTRACTOR•iunley-Hubbard Const. ARCHITECT'S PROJECT NO: (name, address) P.O. Box 6388 Vero Beach, F1 32961 CONTRACT DATE: CONTRACT FOR: 1 12/21/90 4005 12/20/90 Metal Building The Contract is changed as follows: Add second personell door as required by building department $ 550. Add 4811 fan and vent at building end for ventalation $ 1,475. THE FOLLOWING ITEMS HAVE BEEN REQUIRED BY THE PLANING DEPARTMENT AS A CONDITION FOR THE ISSUANCE OF THE SITE PLAN. Export excess building pad material from site. Excavate dry retention area, export excess material Grade swales, export excess material Cut in road, remove excess fill and prepare subbase & base $ 1,530. $15,647. $ 6,435. $28,207. Indian Riva Ca Approved Date Admin. !Q,6 -Q/ Legal Tr° 2.6 -v ( Budget C`i a-7-91 u+i l i ti e. Risk Mgr. O Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) ( ) was S $ Net change by previously authorized Change Orders S $ -The (Contract Sum) (Ersiniftuateed-A.Sazdraut:ANRcice}prior to this Change Order was S $ The (Contract Sum) (C`•"'aatce Iyazimfrm zic ill be (increased) (decreased) ftu cd .i y this Change Order in the amount of $ $ The new (Contract Sum) (G__ `d Madim,mm iee cluding this Change Order will be S $ . The Contract Time will be) (unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is NOTE: ARCHITECT 44,480 0 44,480 53,844 98,324 ( +0 )days. This summary does not reflect changes in the Contract Sum. Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. Hunley Hubbard Const Indian River County CONTRACTOR P.O. Box 6388 Address Address °Ino 0 25th Street Vero Beach, F1 AVero Beach, F1 BY BY BY DATE DATE 12/21/90 12/21/90 DATE AIA DOCUMENT G701 • CHANGE ORDER • 19137 EDITION • AIA° • ©19137 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AYE.. N W WASHINGTON. 0 C. 20006 11 FEB 12 1991 G701—.1987 BOOK 82 PV,E EB 12 i 990 POOK 82 FA GC 6:T7 G. Re -roofing of Administration Building /Adjusted Final Draw) The Board reviewed the following memorandum from Superintendent of Buildings and Grounds Lynn Williams: TO: James Chandler, County Administrator THRU: H.T. "Sonny" Dea FROM: Lynn Williams, Supt. of Buildings & Grou 17 DATE: February 4, 1991 SUBJECT: Re -Roofing - Administration Building CONSENT AGENDA DESCRIPTION AND CONDITIONS: The bid for Re -Roofing the County Administration Building was awarded June 12, 1990 to Cardinal Roofing and Siding of Florida. A subsequent Change Order #1 was approved September 4, 1990. The total adjusted contract sum is $95,957.00. One progress payment has been made per the contract in the amount of $ 47,978.50 (October 19, 1990). The project is complete and has been inspected for compliance with the bid specifications. Damages which occurred during the project were itemized and forwarded to Risk Management for review and comment. Their concurrence was issued and conveyed to the contractor. Staff and the contractor discussed the damages, amounts and method of resolution. Staff notified the contractor that $2,058.37 would be deducted for damages on the final payment of $47,978.50. The adjusted amount of the final draw will be $45,920.13. RECOMMENDATION AND FUNDING: Staff recommend final payment of $45,920.13 to Cardinal Roofing for the Administlltion Building Re -Roofing project. This amount includes the deduction for damages. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved final payment of $45,920.13 to Cardinal Roofing as recommended by Staff. 12 H. Lease of Library Space to Friends of the Library The Board reviewed the following memorandum from General Services Director Sonny Dean: DATE: TO: FEBRUARY 5, 1991 HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERV SUBJECT: FRIENDS OF THE LIBRARY - LEASE SPACE BACKGROUND: The new Main Library was designed with approximately 720 square feet to be used by the Friends of the Library for a gift shop. The Friends have donated numerous hours and raised many thousands of dollars to enhance the facilities and service offered to users of the library. Support of the Main Library is their primary effort. ANALYSIS: It is estimated and budgeted a cost of $2.50 per square foot to maintain all county owned space. This cost figure allows for all maintenance and utilities. RECOMMENDATIONS: Staff recommends the leasing of 720 square feet t� the Friends of the Library at an annual cost of $1,800.00 or $2.50 per square foot. Authorization is also requested for the Board Chairman to execute a resolution and lease agreement as recommended and prepared by our attorney's office. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Resolution 91-16 and authorized the Chairman to execute Lease Agreement with Friends of the Library as recommended by Staff. 13 FEB 12 BOOK C) PAUL s FEB 12 1991 'co 2 PAGE 630 RESOLUTION NO. 91- 16 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE LEASE OF SPACE IN THE MAIN LIBRARY TO THE FRIENDS OF THE LIBRARY. WHEREAS, the County has recently completed a new main library, and WHEREAS, the Friends of the Library, an organization not for profit which promotes Community interest and welfare has requested to lease space in the new library, and WHEREAS, Section 125.38, Florida Statutes, allows leases of the nature sought by the Friends of the Library, NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County that Indian River County shall enter into a lease with the Friends of the Library under the terms and conditions set forth in the lease attached hereto as Exhibit "A" The resolution was moved to adoption by Commissioner Scurlock and the motion was seconded by Commissioner Wheeler , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock Ay e Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 1 2 t h day of February 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird .. Chairman SAID DOCUMENT, WITH ATTACHMENT, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 14 I. Interlocal Agreement with St. Lucie County to Accommodate Construction and Use of a Residence for David and Saundra Gray The Board reviewed the following memorandum from Planning Director Stan Boling: TO: James E. Chandler DIVISION HEAD CONCURRENCE: Robert M. Kea ng(�// ICP Community Development Director . FROM: Stan Boling4AICP Planning Director DATE: January 29, 1991 SUBJECT: Interlocal Agreement Between Indian River County and St. Lucie County to Accommodate Construction -and Use of a Residence for David and Saundra Gray It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 1991. BACKGROUND: In November, 1990,David and Saundra Gray applied for a permit to construct a single family residence on property located on the east side of S.R. A.1.A. on the Indian River County/St. Lucie County line. The residence and associated structures straddle the Indian River County/St. Lucie County line. Indian River County staff has processed the application for review and has been coordinating with St. Lucie County staff in regards to ensuring that all development requirements are adequately addressed. Staff from both counties have agreed to have Indian River County staff proceed with review of the application,' while St. Lucie County staff proceeded to draft an interlocal agreement to address issues of jurisdictional services and revenues. Staff of both counties have agreed that no building permit should be issued until an interlocal agreement is executed by both counties. In December, 1990, Indian River County staff informed the Grays that all constitutional officers in both Indian River and St. Lucie Counties would need to be contacted (by the Grays) and any necessary agreement between the constitutional officers would have to be worked out (see attachment #3). The Grays have now contacted all constitutional officers,and none have voiced any objections to the construction of the residence. The constitutional officers from both counties contacted by the Gray's included: • Clerk of Court • Property Appraiser • Sheriff • Supervisor of Elections • Tax Collector • Also contacted: School Boards 15 FEB 12 1991 BOOK f'AGE.64 FEB 12 199 moK. 82 F'At341 An interlocal agreement has now been drafted, revised and reviewed by Indian River County and St. Lucie County staff. St. Lucie County staff is presenting the proposed interlocal agreement to the St. Lucie County Board of County Commissioners for its approval and execution of the agreement. Indian River County staff is hereby requesting that the Indian River County Board of County Commissioners approve and execute the proposed interlocal agreement. ANALYSIS: The proposed agreement addresses the issues normally associated with development application review and approval; it assigns construction permitting and inspection authority and responsibility to Indian River County. Also, the agreement provides for approval by the constitutional officers and school boards and.any of their comments. All applicable comprehensive plan and land development regulations of both counties will need to be satisfied by any proposed development on the subject property. Traffic impact fees will be split 60/40; with 60% going to Indian River County, 40% going to St. Lucie County. Concurrency approval will be reviewed and determined under Indian River County's concurrency management system. Indian River County staff have no objections to the proposed agreement. The St. Lucie County Attorney's office indicates that St. Lucie County staff have no objections to the agreement. Approval of the agreement will allow permitting to proceed and the residence to be constructed. RECOMMENDATION: Staff recommends that the Indian River County Board of County Commissioners approve the attached interlocal agreement with St. Lucie County and authorize the chairman to execute the agreement. Said agreement shall become effective upon proper execution by both counties. Chairman Bird believed Clerk Barton had some concerns about this matter and Commissioner Scurlock believed that he has the same concerns as the Clerk, that while what is proposed may resolve a temporary situation, this can have continuing problems regarding in which county to file certain papers, etc. Although he would support Staff's recommendation to approve the interlocal agreement he would ask that we also authorize Staff to contact our Legislative Delegation and that of St. Lucie County in regard to recommending a Special Act that would place this property entirely in one county or the other, as he does not want to approve this without at least an attempt being made to clarify it for the future. Staff agreed they can pursue that. Clerk Barton felt that the action suggested by Commissioner Scurlock basically will handle the long term problems that could arise from having to track records in two counties and he agreed that something needs to be done to clear this problem now rather than waiting for problems to arise in the future. 16 Assistant County Attorney Collins felt this is a good idea but advised it cannot be done by Special Act; it has to be by General Act and would have to wait until the next Legislative session. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously authorized the Chairman to execute the interlocal agreement with St. Lucie County regarding a residence for David and Saundra Gray as recommended by staff and directed staff to contact our Legislative Delegation in regard to instituting legislation to place this property wholly in one county or the other as discussed. SAID DOCUMENTS WILL BE PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED. (fie2---(0-j,e/L-6-c--;d, 9t- B1'1/4 - FRANK MANNARINO REQUEST TO SPEAK CONCERNING CARL APPLICATION Frank Mannarino came before the Board and advised that he owns and lives on property 25 miles west of Vero Beach on State Road 60 and has lived there two and a half years. Since for health reasons he no longer can live out there, he put his property on the market for sale and arrived at a verbal contract for its sale. The prospective buyer now has called up canceling the sale and claiming that Mr. Mannarino is not a man of his word since he knew that the County was taking his property. Mr. Mannarino stressed that he had no knowledge of this at all, but he since has read a PRESS JOURNAL and learned that the County is proposing to present his land to CARL to be acquired under that program. Mr. Mannarino informed the Board that he has been a land developer over 47 years. He had to go before many Planning and Zoning Boards to get zoning which required notice to everyone and meeting all kinds of regulations; yet, apparently, the County can have meetings regarding someone's land and put it in the paper about possibly buying it or presenting it to CARL and never once contact the owner. This has lost him the contract to sell his property and caused him embarrassment. He continued that he now has found out from Commissioner Scurlock, who is chairman of the Land Acquisition Committee, that their meetings had been published and public hearings held, but being 25 miles out of town, he does not get the local newspaper delivered so he had no knowledge of what was going on, and he has come here today to prevent this happening to other owners in the future. 17 FEB 12 1991 P00F C� PAU Ot FEB 12 Commissioner Scurlock advised that he has talked about this to Administrator Chandler. He explained that the Land Acquisition Committee is basically made up of lay people. You, therefore, have a lay committee that has to meet "in the Sunshine;" in other words, they do not have an opportunity to get behind closed doors and discuss what property may be desirable, and this committee has looked at over 10,000 acres. Commissioner Scurlock pointed out that CARL is a voluntary program, and what we have submitted is not a request to purchase anything; it just indicates that what we have submitted for consideration are the only properties in the county that may meet the CARL guidelines. CARL then has to review these and determine if there is a willing seller, et cetera. Because these meetings must be held in the Sunshine, the Press attends and reports all this as best they can. As far as staffing this and Mr. Mannarino receiving no -notice at all, Staff, because of the short time frame for submittal, overlooked it and they apologize for that and Commissioner Scurlock apologized also. Commissioner Wheeler asked if we could direct Staff to write a letter explaining all this to Mr. Mannarino and send a copy to his lost buyer to try to clear this up to some extent. Administrator Chandler informed the Board that he told Mr. Mannarino that he would be happy to talk to the other person involved and confirm that Mr. Mannarino had no knowledge of what was occurring. He advised that under our usual policy when discussing large blocks of property, we do not contact owners until we get to a specific proposal. Mr. Mannarino stated that he would appreciate having such a letter so he can send his lost buyer a copy, but mainly he does not want this to happen to someone again in the future. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, to direct Staff to send a letter to Mr. Mannarino as discussed. Discussion ensued about the fact that this probably will be an on-going problem as quite a few properties are being looked at. Commissioner Scurlock confirmed that over 30 properties were being considered, and we even extended the deadline. This is a dynamic process and even when one property was approved to be recommended Commissioner Bowman suggested another one that hadn't been considered previously. Commissioner Scurlock informed Mr. Mannarino that the next meeting of the Land Acquisition Committee is scheduled for February 20 at 1:00 p.m and felt it might be worth his attending as the appraisals may be done at that time. 18 THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PUBLIC HEARING CONSTRUCTION OF RECREATION PATH ON WEST SIDE OF AlA FROM SOUTH CITY LIMIT OF VERO BEACH TO SOUTH MOORINGS LINE (SPYGLASS LANE) The hour of 9:05 o'clock A. M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach -Press-Journal, a daily newspaper published at VeroBeachBeach in Indian River County, Florida; that the attached copy of advertisement, being a /lr,li > in the matter of 9e - /9i In the ( Court, was pub- lished in said newspaper in the issues of — 411,liU Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida. each daily and has been entered as second class mail matter at the post office in Vero Beach. in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this CQa (SEAL) ( is over r . unty; Florida) t'H+!r,+ry L,r•:iti, Vii, ,Ili r,•:1 =((a4] My Comrntcainn Ernirmt June 29, 1993 '•-' ••F RESOLUTION NO. 90-190 rk ' PUBLIC HEARING NOTICE PLEASE TAKE NOTICE that the Board o1 County Commissioners of Indian River County, . Florida, will hold a Public Hearing at 9:05 AM on Tuesday, February 12, 1991, In the Commission ' Chambers located at 1840 25th Street, Vero Beach, Florida. to discuss the advisability, cost and the amount of the assessments against each property for construction of a recreation path on the west side of A1A from the south city limit of Vero Beach to the south Moorings line (Spyglass Lane). PLEASE TAKE FURTHER NOTICE that at the same public hearing, the Board of County Com- missioners shall also hear all Interested persons regarding the proposed assessments contained In the preliminary assessment rolls for the im- provements described above. The preliminary assessment rolls are currently, on file with the •' Clerk to the Board. ' It any person decides to appeal any decision ' made by the Commission with respect to any matter considered at this hearing, he will need a record of the proceedings, and that, for such purpose. he may need to ensure that a verbatim record of the proceedings Is made. which record Includes the testimony and evidence upon which the appeal Is to be based. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, the forego- ing recitals are affirmed and ratified In their en- tirety. The foregoing resolution was offered by Com- ' missioner Scurlock who moved Its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote was as follows: : Chairman Carolyn K. Eggert ,, , Aye Vice Chairman Richard N. Bird ,, Aye y Commissioner Margaret C. Bowman .. Aye Commissioner Gary C. Wheeler ' Aye I. Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolu- tion passed and adopted this 18 day of Decem- ber,1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: CAROLYN K. EGGERT, CHAIRMAN Attest: -s -JEFFREY K. BARTON, CLERK • -s-Barbara Bonnah, D.C. - • : Jan. 29, Feb. 6, •1991 ; , . '.• F..t ..,. 76383: Capital Projects Manager Terry Thompson made the Staff presentation as follows: 19 FEB 12 19 1 FEB 12 199 FOOK 82 FAE X45 TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., �} Public Works Director' FROM: Terry B. Thompson, P.E.,c_,ia,'r Capital Projects Manager SUBJECT: Public Hearing for South Beach Recreation Path DATE: February 5, 1991 FILE: path.agn DESCRIPTION AND CONDITIONS On December 18, 1990, the Board of County Commissioners adopted Resolution NO. 90-189 providing for a recreation path on the west side of A1A from the south City Limits of Vero Beach to the south Moorings line (Spyglass Lane). On the same date, the Board adopted Resolution NO. 90-190 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property. This hearing is scheduled February 12, 1991 at 9:05 AM. RECOMMENDATIONS AND FUNDING After hearing complaints and input at the Public Hearing and if necessary, making any adjustments to the assessment roll, it is recommended that the Board of County Commissioners approve the attached Resolution confirming the assessment roll. If adjustments or changes are made a new resolution will be brought before the Board of County Commissioners for approval. Ms. Thompson informed the Board that 2100 notices of this hearing have been sent out. They have received letters from 11 residents in favor of the project and 12 opposing it and she believed more have been received since that count. Chairman Bird said other letters had been received and the figures modified to 15 opposed to the project and 11 in favor of it. Said letters are on file in the Office of Clerk to the Board. Commissioner Eggert inquired about the percentage on the petitions for the project and Public Works Director Davis felt that quite a few people who were involved in the petition process are present and can comment on the number received. It was his understanding that it was at least 50%. Commissioner Scurlock asked if the $145 assessment is a not - to -exceed figure, and Director Davis said it is and added there is a 10% contingency in the project. Commissioner Scurlock had a number of questions. He asked about the closest proximity of the bike and walking path to A1A and 20 if the path would encroach into the additional laneage if the highway were to be expanded to three lanes all the way. Director Davis advised that the distance varies but ten feet is the closest the path would be to A1A. If the highway were to be expanded, the bike path would not encroach except possibly in a few isolated small sections. Mostly it would be separated more than ten feet except where there is some physical feature in the right of way that we are trying to protect. Chairman Bird raised the point that this is a one-time assessment with 75% to be funded by the residents and 25% by the County. Attorney Vitunac clarified the not -to -exceed amount could exceed $145 today but whatever number the Board arrives at today cannot be exceeded in the future and Commissioner Scurlock commented that the number we end up with today is most often higher than the actual end cost. Commissioner Scurlock asked if there is any plan to have signalization along A1A somewhere to enable people to get from one side to the other. Director Davis was willing to pursue a pedestrian roadway device with the DOT but noted we do not have that jurisdiction. Question arose as to whether there is any provision for some kind of barrier on those areas of the bike path that are closer than ten feet from A1A and Director Davis advised there are no plans for any barrier and he would have to check with the DOT to see if that would be allowed. Commissioner Scurlock noted, as he understands it, this path proposal was not initiated by the County Commission but by concerned citizens in the area, and this was confirmed by Director Davis who further noted that the DOT will be reviewing the plans for the path before issuing a permit and they will make sure the path is in a safe location. Chairman Bird opened the public hearing and asked if anyone wished to be heard. Judy Roberts, 1602 West Camino del Rio, informed the Board that she is one of the 100 volunteers who have been working for almost two years to get this bike path. She felt this isn't just a recreation issue but a health issue and a safety issue. Mrs. Roberts then described how the petitions were split into two phases. In the first phase, which was from the south city limit to the north edge of Ocean Ridge subdivision, the response was 62.7%, with some residents not responding, and of those responses 91.3% were in favor of the project. Second phase was from the north boundary of Ocean Ridge to Spyglass Lane. The overall response was 21 FEB 12 1991 MY 82 FAH 64C IF - FEB 12199 EOOK H. 6 4 7 58.45% so this is not just a minority opinion. Mrs. Roberts further noted that the Taxpayers Association gave this their overwhelming approval as did the City/County Bike Path Committee and St. Edward's School, even though they would be assessed quite heavily. The Moorings Property Owners Association indicated their support. Mrs. Roberts further noted that of the 15 letters sent to the Board opposing the path three of those now have changed their mind. She felt just looking at the path in Indian River Shores will show you how much the path will be used. She also felt this will set a precedent for other areas of the county and encourage them to follow the same procedure so the County can begin to implement a bikeway program. Alan McCochran, resident of the area stated that he was never contacted in regard to the proposed path and wanted to be recorded as opposed to it. Marian Houk, resident of Spyglass Lane, Moorings, noted that she probably will not be using this path but she is here today to save a life which she felt is certainly worth $145. Reynold Garrison, 1541 Smugglers Cove, stated that he is totally in favor of the path which he feels is an absolute necessity. Kim Holcomb, 210 Spinnaker Drive, Moorings, informed the Board that she did the petition drive in that area and of the 55.48% support they received, there were a lot of people who were not available to be polled so she felt the number actually would have been much higher. Mary Zanca, Ocean Ridge subdivision, located across from St. Edward's High School, stated that she cannot stress enough the importance of the bike path for health and for children's safety. Robert Peelle, 1155 Reef Road, Windward, 71 years of age, rides a bike, and was also interested in the safety features as raised by Commissioner Scurlock, and mentioned that nothing is ever perfectly safe but certainly a bike path is a great deal safer than riding on the highway. Gilbert Johnson, the Moorings, mentioned he had written to Commissioner Bird on April 3, 1990 voicing his concern that this project was a noble cause and so on but that it should have been put to referendum to get public opinion, not just those who had been contacted. He mentioned that bike paths had been voted down a few years ago. Ruth Wolfe from Castaway Cove, Wave I, stated that in their area they did not know anything about a petition and everyone she has had an opportunity to speak with lately has not been in favor of the proposed path. When the letter arrived she did not realize 22 she should respond by mail to voice opposition. Mrs. Wolfe contended that a bicycle path along the highway is much more dangerous than simply getting in a car and going to a recreation area for your exercise. She did not favor the proposal and did not want to be assessed. Jack Fritz, Moorings, emphasized that he was opposed and stated that he has not been contacted. He felt the path is a dead end that goes nowhere and felt the whole thing is an extravagance. George Hamner, 650 South A1A, advised that he represents, in addition to himself, six grandchildren who live in the area. He spoke highly of the proposed path and its benefits, especially as related to safety. He believed anyone who had any interest at all was given an opportunity to express it and pointed out that there was widespread coverage of this in the press. Furthermore, he noted that where these paths exist the reports are all glowing. Jim Malcolm,- 910 Bowline Drive, the Moorings, spoke in favor of the proposed path noting how dangerous it is to ride a bike along A1A without having a path. When there is no path, it causes the cars to move over to give the bicyclist a wide berth and that can cause traffic problems which he felt the path would serve to eliminate. Bob Berg, Fairlane Harbor and former County Planner, recounted past efforts to get bike paths through the entire county. He noted they met with a lot of opposition at that time but reminded the Board of the two City Councilmen who were killed bicycling along the highway where there was no bike path. He is a bike rider and is in favor of the project. Mr. Berg felt the safety factor is a big consideration and encouraged the County to include bike paths all over the county in their master plan. Hugh Suhr, 920 Reef Road, spoke in support of the proposed path as he felt the benefits far outweigh the small cost. Frank Spitzmiller, Director of Development at St. Edward's School, appearing on behalf of Mr. Benedict, the Head Master, spoke in favor of the bike path. Their campus accommodates over 400 students and they feel the path would not only add safety to the area but also cut down on the traffic resulting from the parents who now must transport their children to the school. Stanley Wolfe, 1080 Crescent Beach Road, Castaway Cove, commented that while there may be some good reasons for this bike path, one of them is not health because to jog along the highway and breathe in fumes is not healthy. Libby Harrow, beach resident, former president of the Sun Runners, member of the Indian River County Bike Path Commission and an employee of a bike shop, said this bike path will allow people 23 FEB 12 1991 [ OOK FA:siE Dib FEL 12 1991 1300K 87 pArjE to walk and enjoy our wonderful climate. She did not think fumes are any real health problem. William Lyon from the Moorings area, was concerned as to whether anyone has given any thought to the fact that bicycle touring groups may be using this path and asked if there is any provision for groups of bikers to turn around and go back. Chairman Bird determined that no one else wished to be heard and thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 91-17 confirming the assessment roll for construction of a recreation path on the west side of A1A to the South Moorings line. RESOLUTION NO. 91- 17 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CONSTRUCTION OF A RECREATION PATH ON THE WEST SIDE OF A1A FROM THE SOUTH CITY LIMIT OF VERO BEACH TO THE SOUTH MOORINGS LINE (SPYGLASS LANE) WHEREAS, on December 18, 1990 the Board of County Commissioners • adopted Resolution No. 90-189 providing for construction of a recreation path on the west side of A1A from the south City Limit of Vero Beach to the South Moorings line (Spyglass Lane); and WHEREAS, on December 18, 1990 the Board of County Commissioners adopted Resolution No. 90-190 setting the date and time for a public hearing to discuss the advisability, costs and amount of the assessment against each property owner; and WHEREAS, this hearing was held on February 12, 1991, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 24 2. . The attached assessment roll for construction of a recreation path on the west side of A1A from the south City Limit to the south Moorings line (Spyglass Lane) is approved, pursuant to Section 11-47, Code of Laws and Ordinances of Indian River County. The foregoing resolution was offered by Commissioner Eggert who moved its adoption.. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Gommissibner Carolyn K. Eggert Commissioner Gary C. Wheeler Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution passed and adopted this 12th ATTES By • day of February Jeffrey K, Barton Clerk Indian River Co Approved Date Admin. y /?. ". e.- Legal Ji' ,I -G -s4 Budget ,l,j= fl Pub.Wk. } .;: ! c-1 ;i Eng. i Risk Mgr. FEB 121991 . e. 25 , 1991 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD, Chairman POOK 82 F',1UE 650 FEB 12 •991 MD' sT- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING TITLE III, POLICE POWER ORDINANCES CHAPTER 300 - ALCOHOLIC BEVERAGES OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE The hour of 9:05 o'clock A. M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being . WC/ie.!) In the matter of --^%�%t in the Court, was pub- lished In said newspaper In the issues of 1-&27 €2 ' J%/�f/ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County. Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund fore purpose of securing this advertisement for publication in the said newspaper. • Sworn to and subscribed before me this ' .(SEAL) The Board of County Commissioners of Indian, River County, Florida, hereby provides notice of i a Public Hearing scheduled for 9:05 a.m. on Tuesday, February 12, 1991, to discuss the -fol !lowing proposed ordinance entitled: rAN ORDINANCE OF • INDIAN RIVER •, ' COUNTY, FLORIDA ESTABUSHING . • TITLE ORDI- #•! ' NANCESICHAPTER 3000 - -ALCOHOLIC .44 i BEVERAGES OF THE CODE OF INDIAN T PROVIRDING St' PROVIDING EVERABILITYREPEAL:' • `•� .• .' PROVIDING AN EFFECTIVE OATE;i. 4.11. d • :Anyone who may wish to appeal any detrIsiorr i • which may be made at this meeting will need to , ensure that a verbatim record of the proceedings.f Is made, which Includes testimony and evidence r upon which the appeal Is based :.,I' f ;, • IJen.24,1991 • : �,.n, 762 A2 3 4 S � CO .eD)J ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously approved and authorized the Chairman to execute Ordinance 91-4. 26 ORDINANCE 91-A . AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING TITLE III, POLICE POWER ORDINANCES CHAPTER 300 - ALCOHOLIC BEVERAGES OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, that: SECTION 1. REGULATIONS OF ALCOHOLIC BEVERAGES. Chapter 300 - Alcoholic Beverages of Title III - Police Power Ordinances as set forth in Attachment A to this ordinance is hereby adopted. SECTION 2. REPEAL. Those portions of the Indian River County Code (1974 edition) superseded or in conflict with the provisions herein adopted, in particular Chapter 2, Alcoholic Beverages are hereby repealed. SECTION 3. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. 27 FEB 12 1991 POOK FAIL OL. PP - FEB 12 1991 BOOK F.1Gr 653 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12th day of February , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the -24th day of 1991, for a public hearing to be held on the 12th day of Fphruary • 1991, at which time it was moved for adoption by Commissioner Eggert Whe@ler seconded by Commissioner , and adopted by the following vote: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Commissioner Commissioner Margaret C. Bowman Carolyn K. Eggert Don C. Scurlock, Jr. ,4e-- Ayc Ayc A -y -c BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Acknowledgment by the Department of State of the State of Florida, this 18th day of __lam, , 1991. Effective date: Acknowledgment from the Department of State received on this 21st day of February , 1991, at 9:30 a m /p.m. and filed -in the Office or-Me—Clerk of the 135.57a of County Commissioners of Indian River County, Florida. 28 § 300.01 § 300.02 § 300.03 § 300.04 § 300.05 § 300.06 § 300.07 ATTACHMENT "A" CHAPTER 300. ALCOHOLIC BEVERAGES Conformity with state law. Prohibited hours of sale, service Premises closed during prohibited Removal of alcoholic beverages in container from licensed premises. Restriction on location of license Certain states of undress and acts license premises. Possession or consumption prohibited. and consumption. hours. open or unsealed premises. prohibited on on public property Section 300.01. Conformity with state law. The provision and terms of this chapter shall be construed according to and in conformity with "The Beverage Law" of the State of Florida as set forth in the Florida Statutes. Section 300.02. Prohibited hours of sale, service and consumpt of n. (1) Prohibited hours. No alcoholic beverages shall be sold, served, or consumed in any licensed premises between 1:00 a.m. and 7:00 a.m. except as hereinafter provided. (2) New Years. The time 1:00 a.m. specified in paragraph (a) of this section is extended to 3:00 a.m. on January 1st of each year. Section 300.03. Premises closed during prohibited hours. (1) Any licensed premises within the unincorporated area of the county shall be closed to the public and the doors locked during the prohibited hours of sale; provided, however, if other business is conducted on the premises that portion of the premises necessary to the conduct of such other business may remain open to the public provided the area from which alcoholic beverages are dispensed is closed to the public. (2) of this licensed promptly official Notwithstanding the requirements of paragraph (a) section, the owner or employee if present on the premises during the prohibited hours of sale shall admit to the premises any police officer or fire of Indian River County. (3) No music shall be played during the prohibited hours of sale on licensed premises that are required to be closed under paragraph (1) of this section. Section 300.04. Removal of alcoholic beverages in open or unsealed contaiTner Trop Ticensed premises. (1) It is unlawful for any person to take from licensed premises any open beer, wine, liquor, or other alcoholic beverages container or to take from licensed premises any glass, so-called "go cup," or other opened or unsealed container containing an alcoholic beverage or any mixture containing an alcoholic beverage. 29 2 1991 POOK ['AGE lJ ) e 2 bG' C a � ar ,�� Dor 82 FLE 655 (2) It is unlawful for any person or employee of licensed premises to knowingly allow any person to take from the licensed premises any opened beer, wine, liquor, or other alcoholic beverage, or to knowingly allow any person to take from the licensed premises any glass, so-called "go cup," or other opened or unsealed container containing an alcoholic beverage or any mixture containing an alcoholic beverage. (3) The parking lot or parking area of a licensed premises shall not be considered as part of the licensed premises for the purpose of this Section. Therefore, it is illegal to take an opened container containing an alcoholic beverage from the enclosed building or approved patio to the parking lot or parking area or to have an open container containing an alcoholic beverage in said parking area or in a vehicle in said parking area. Section 300.05. Restriction on location of licensed premises. (1) The following separation distances shall be required between alcohol sales establishments and any church or school in the county. (a) Alcohol sales establishments where on -premises consumption of alcohol is permitted shall not locate within one thousand (1,000) feet of an established church or school. (b) Alcohol sales establishments where on -premises consumption is not permitted shall not locate within five hundred (500) feet of an established church or school. Alcohol vendors licensed under paragraph (a) of subsection (1) of Chapter 563.02 of the Florida Statutes are exempt from this provision (vendors of alcoholic malt beverages commonly known as beer for off -premises consumption only). (2) This required separation distance shall be measured by following the shortest route or ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of the church and, in the case of a school, to the nearest point of the school grounds in use as part of the school facilities except: (a) Where such established church or school is within the limits of an incorporated city or town and the applicant for such license is outside such incorporated city or town and outside any other incorporated city or town, then and in that event, the place of business of such vendor in the county may be the same or a greater distance from such church or school as is required by the ordinance of the Incorporated city or town wherein such church or school is located. (b) Should a church or school be established after the establishment of a place of business of any vendor for the sale of alcoholic beverages, the subsequently established church or school shall not affect the location of the place of business of any such vendor nor shall it affect a subsequent renewal or transfer of any license of such a vendor. 30 (c) Where such established church or school is located in the county outside the limits of any incorporated city or town but so near the limits of one that under the ordinances of that city or town such a vendor in such city or town could receive a license within a distance less than stipulated by this section of such church or school, then and in that event, the place of business of such a vendor in this county outside any city or town may be the same or a greater distance form such church or school as any such vendor duly licensed within such city or town. Section 300.06. Certain states of undress and acts prohibited on licensea premises. (1) Legislative authorization. This section Is adopted pursuant to Article VIII, Section 1, under the State Constitution and Section .125.01(0) Florida Statutes. (2) Prohibition. • (a) It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the unincorporated areas of Indian River County, Florida, at which alcoholic beverages are consumed or offered for sale for consumption on the premises. (1) To suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof. (2) To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection (b)(1)a. (3) To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view his or her genitals, pubic areas, buttocks, anus or anal cleft or cleavage. (4) To suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is Intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, anal cleft or cleavage. (b) It shall be unlawful for any female person, while on the premises of a commercial establishment located within the unincorporated areas of Indian River County, Florida, at which alcoholic beverages are consumed or offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein. 31 M 2 191 EMI(82 ,�,E O FEB N2 ill; i@ mmr.F1iE.657 ,.�t c� (c) It shall be unlawful for any person, while on the premises of a commercial establishment located within the unincorporated areas of Indian River County, Florida, at which alcoholic beverages are consumed or offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage. Section 300.07. Possession of consumption in public proitbited. (1) It is unlawful for any person to possess or consume any alcoholic beverages in any cup, glass, or open can, or other open or unsealed container, on the streets, sidewalks, alleys, parks., vacant Tots, or in places solely licensed to vend alcoholic beverages for consumption off the premises within the unincorporated areas of Indian River County. (2) It shall be unlawful for any person occupying a motor vehicle that Is driven, stopped, standing or parked on any public street, road, highway, alley, or other public right-of-way within the uncorporated areas of Indian River County to possess or consume any alcoholic beverages in or from any cup, glass, open can, open bottle or other open container. (3) With respect to possession of open containers of alcoholic beverages in vehicles, the provisions of state law shall supersede and control the provisions of this Code. APPROVAL OF LEASE CANCELLATION WITH CITY OF VERO BEACH FOR EMS STATION The Board reviewed memo from Director of Emergency Services: 32 TO: Board of County Commissioners FROM: Doug Wright, Director Department of Emergency Services DATE: February 1, 1991 SUBJECT: Approval of Lease Cancellation with City of Vero Beach for EMS Station It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS During the assumption of emergency medical services by the County in_ 1989, a lease was executed between Indian River County and the City of Vero Beach for the use of certain property as an ambulance station. The property and structure is located at the northwest corner of the intersection of Old Bridge Road and Indian River Drive East (AKA Sandpiper Drive). In accordance with, the six year plan to consolidate and unify the county emergency services, the EMS staff and equipment now located at EMS Station #2 will be relocated to Fire Station #2 effective March 1, 1991. The relocation will not deviate from the level or quality of service currently being provided nor will it adversely affect the response time since the structures are located in close proximity to each other. A savings will be realized as a result of this action since insurance, maintenance, utilities, telephone, and other recurring expenses will be eliminated from the current EMS station. Since the building will no longer be utilized for emergency EMS service by the county, the IRC Volunteer Ambulance Squad has indicated in the attached letter a desire to utilize the structure for their non -emergency ambulance service. While the IRCVAS Board of Directors understands the county cannot lease the building to them, the agency did request the support of the Board in their endeavor to formalize leasing the structure from the City of Vero Beach. ALTERNATIVES AND ANALYSIS • The relocation of EMS Station #2 to Fire Station #2 would have occurred earlier, however, a septic tank problem existed at Fire Station #2 which had to be resolved. This problem has been corrected and the station is now being connected to the City of Vero Beach sewer system. RECOMMENDATION Staff recommends the Board of County Commissioners approve cancellation of the lease with the City of Vero Beach for EMS Station #2 effective February 28, 1991 and authorize the Chairman to execute the necessary documents. Staff also recommends the Board convey its support to the City of Vero Beach regarding leasing the property to the Indian River County Volunteer Ambulance Squad for use in providing free non -emergency ambulance service to the citizens of Indian River County. 33 FEE 12 1'991 tr [ FAH Director Wright informed the Board that certain items were conveyed to us by IRCVAS and Staff would like permission to return them. The Board so directed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman to execute said Lease Cancellation as recommended by Staff and also agreed to convey its support to the City of Vero Beach in regard to leasing this property to IRCVAS. LEASE CANCELLATION - THIS LEASE CANCELLATION, made this 12th day of February , 1991, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida,_ 1840 25th Street, Vero Beach, FL 32960, hereinafter "COUNTY," and the CITY OF VERO BEACH, a municipal corporation of the State of Florida, City Hall, Vero Beach, FL 32960, hereinafter "CITY," WITNESSETH: WHEREAS, on November 22, 1989, the CITY and COUNTY entered into a lease of certain property for use by the COUNTY in providing ambulance service, which lease and legal description of the property are attached hereto as Exhibit "A"; • and.' WHEREAS, COUNTY no longer needs this property, since the ambulance personnel and equipment used by the COUNTY will be transferred to the beach fire station effective March 1, 1991, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other consideration, receipt of which is hereby acknowledged, COUNTY and CITY agree as follows: 34 That certain lease, dated November 22, 1989, a copy of which is attached to this agreement as Exhibit "A" shall be revoked effective March 1, 1991, and shall be of no further force and effect. IN WITNESS WHEREOF the parties have caused this lease cancellation to be entered into the day and year first above written. INDIAN RIVER COUNTY, FLORIDA BOARD OF BOUNTY COMMISSIONERS Approved by B.C.C. 2/12/91 Attest: sLPhyllis J. Neuberger City CTerR RI cna r Chairman -r-Fa CITY OF VERO BEACH, FLORIDA By Indian rnnv('r Cn Arrrgerd mm) [1v 1i Admin. f c7 7_ 4'-5 Legal - a" -.,l /;I Budg"1 "PI Dept. , 1‘„Q HIstc Mgr. i. 2.vl-I" (COPY OF SAID DOCUMENT, NOW FULLY SIGNED, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD) o. HEALTH DEPARTMENT FURNISHINGS LIST Dr. Berman, County Health Director, came before the Board to review the following memo and presented the Board with an updated list of furnishings. Memo and updated list are as follows: 35 FEB 1 2 1991 E001(FAuE b JU Pr - FEB 12 199' �-� BOOK 8,7 F" �E661 DATE: February 6, 1991 TO: THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi �s FROM: Fran Boynton, Purchasing Manager BOARD OF COUNTY COMMISSIONERS SUBJ: Health Department Furnishings List BACKGROUND: A new health department facility is currently under construction and scheduled for completion within the next three (3) months and will require the approval of the attached furnishings list for completion of this project. This list is part of the budgeted construction cost. The attached list of furnishings was prepared by the health department personnel and prices verified by County purchasing staff. FUNDING: Funds were appropriated in the Health Department Construction budget. RECOMMENDATION: It. is requested that the Board review the attached list for recommendations and authorize staff to proceed with the pur- chasing process. ERS-INDIAN'RIVER COUNTY PUBLIC HEALH UNIT NEW FACILITY FURNISHINGS & EQUIPMENT ITEM NET UNIT QUANTITY COST TOTALS E ecutive Duke 3 Standard Des s 463 1389 Secretarial esks 26 372 9672 Small Desks 10 524 5240 Eecutive Chairs 12 286 _ 3432 Secretarial hairs 49 22G88 900 Standard Cha rs 11172 Side Chairs 24 180 4320 Lobby Chairs 47 160 7520 Classroom Ch irs 62 180 11160 Open Credenz 80 180 14400 Credenza 8 295 2360 Credenza Hutch 6 370 2220 Large Waste Containers 1 350 350 8 100 900 Waste Receptacles 18 Waste Baskets ]t350 Mail Sorter j 61 2512 0 720 Small Book Case 26250 250 Large Bookcase 11 150 5122 Clocks 46 250 2750 Bulletin Boards 1150 White Boards 48 50 2400 Lateral Files 12 352800 4 Drawer File Cabinets 4224 2 DrAwFr Fi 7 PR 17' 3522 5632 6 158 948 36 Paper Shredder 1 2000 2000 Storage Shelves 3x2x6 9 40 360 Storage Shelves x2x6 10 50 500 Metal Storage Cabinets w/Lock 10 185 1850 High Volume Copy Machine 1 12000 12000 Large Folding Table 6ft 11 76 836 Large Foldin• Table 8 ft 4 96 384 .Classroom T les 18" x 8 ft 16 100 1600 Small Work ables 30" x 48" 4 150 600 Conference abler - Large 4 450 1800 Data Table 1 150 150 Round Tables 1 200 200 Clinic Room Tables 24" x 40" 18 200 3600 Records Bas et Cart 1 350 350 Health Lite ature Racks 6 2170 1200 Fax Machine 2 500 1000 Children's ables & Chairs 4 100 400 Medical Rec rd File System - 13 300 3900 Heavy Duty acuums 1 680 680 Cash Registers 2 500 1000 Sofa 1 500 500 Couch 1 500 500 Typewriters 5 450 2250 Typewriter tand'• 2 125 250 Hand Truck 1 100 100 Dolly 1 75 75 SUBTOTAL 138466 is LABORATORY EQUIPMENT Centrifuge 5 900 4500 Microscopes 4 1500 6000 Microscope - Dark Field 1 1800 1800 Autoclave 2 4700 9400 Hemoglobinom ter 4 350 1400 Accucheck/G1vcose Monitor 4 100 400 Balance 1 900 900 Incubator 1 1500 1500 REFRIGERATORL SMALL 3 300 900 Water Purification(still/deion 1 1500 150} Gas Analyzer 1 10000 10000 Safety Cabinet 4 350 1400 Recorder 1 3000 3000 SUBTOTAL ' 42700 1 CLINIC EQUIPMENT Pediatric Table New Exam Tables Treatment Tables Stools Ophthalmic P:iorometer Electric Operating Tables Operating Lights Colposcope Cryo Unit Sphygmomanom tern Pediatric Sp ygmomanometers Oxygen Units Emergency Ki s Audiometer Otoscope/Ophthalmoscope Exam Lights Tympanometer) Door Files Lakeside Carats Doppler Drug safe 37 FEB 12 199 1 1250 1250 6 750 4500 4 600 2400 6 75 450 1 9500 9500 3 5000 15000 3 250 750 1 4500 4500 1 3000 300.0 12 125 1500 4 250 1000 4 300 1200 4 700 2800 4 1500 6000 10 250 2500 8 50 400 2 2500 5000 15 25 375 11 95 1045 2 500 1000 1 600 600 EOOK 4.) FA E � , FEB 12 199`. ROOK 82 PACE tJ63 Vision Scree'ner 2 600 X -Ray View oxes(2 Bank) 11 250 Small Sterilizer 3 900 Capsule Counter 1 400 Spirometer 2 500 Electrocautery 1 750 Suction Machine 2 300 SgBTOTAL EDUCATIONAL EQUIPMENT 1200 2750 2700 400 1000 750 60U 74170 Television 25" 4 500 2000• - Video Recorder/Player 3 200 600 Pamphlet Display 4 200 800 Reference Books 25 2500 62500 •Video Tapes 20 150 3000 Satellite Dish/Decoder 1 2000 2000 Podium with Speaker 2 500 1000 Projector... overhead 1 500 500 SUBTOTAL 72400 DIAGNOSTIC EQUIPMENT Ultrasound Unit 1 25000 25000 Non Stress Unit 1 7500 7500 Mammography/Radiography 1 35000 35000 Film Processor 1 3000 3000 Bilirubin Lite Check 1 4000 4000 SUBTOTAL 74500 DATA PROCESSING EQUIPMENT MS-DOS 486-25 SERVER 1 7500 7500 100 megabyte Hard Disk Network boards 21. 150 3150 Network.Software 1 4000 4000 Network Installation 1 3500 3500 PC Type Workstations 10 750 7500 with Flop y Disk Only AT (286) Type desk units 4 ---1250 5000 with 40 meg Hard Disk Laser Printers 3 1200 3600 Laser Cartridges 3 150 450 Laser Memory 3 200 600 Dot Matrix Printers (24 pin) 6 400 2400 Dot Matrix Printers (9 pin) 4 250 1000 Scanner (full page) 2 900 1800 Software I 4 350 1400 Backup Power Supply 2 500 1000 Patient Registration & Billing 1 7000 7000 (MEGAS Software) Surge Protectors 40 w15 600 Modems ! 6 150 900 SUBTOTAL 51400 COMMUNICATIONS EQUIPMENT I Telephone Console 1 1500 1500 Controller Units 5 500 2500 Phones 75 • 100 7500 1 Installation 1 40000 40000 •SUBTOTAL 51500 38 BUILDINGS & GROUNDS EQUIPMENT Carpet Extractor 1 1300 1300 Hi Pressure Cleaner 1 325 326 24 ft Extension Ladder 1 1600 1600 8hp Gas Lawn Vacuum 1 1600 1600 SUBTOTAL 4825 TOTAL 459461 CONTINGENCY @ 7.5% 34460 GRAND TOTAL 493921 FEBRUARY 12,1991 Dr. Berman explained that the original list attached to the memo was a gross list containing materials that were already on hand. Commissioner Scurlock noted that he was prepared to comment on the original list and now he is being asked to react to a new list which he has received in the last few seconds. He did not think he could do this. Commissioner Eggert suggested that he just comment as if it were the first list and Commissioner Bird noted that one of the items he was going to object to has been reduced considerably on the new list. Commissioner Scurlock inquired if we are current with the payments due back to us from the Health Department and OMB Director Baird advised that we are current and they owe one payment of $127,400. Administrator Chandler confirmed that payment is due in March. He explained that the contractual completion date for the Health Building is May 10 but we are ahead of schedule and may complete it in April and that is why the furnishings list is being submitted at this time. Commissioner Scurlock noted that this county chooses to provide services above and beyond what HRS is willing to fund for the prenatal program and some other programs; in fact, he believed we participate to the amount of some $490,000 -odd locally. He assumed we transfer these funds either in a lump sum or on some kind of schedule and he asked how much of those funds are remaining that we have not conveyed over to them as yet. Director Baird advised that we have paid them about $204,583 of the $491,000. Commissioner Scurlock hoped that in the event the $127,000 payment should not be forthcoming, we have the ability to stop payment of the balance of those local funds, and this was confirmed. Commissioner Scurlock explained that he has substantial concerns in terms of the management of the Health Department and HRS; in fact, he has concerns about the efficiency of this whole 39 FEB 12 1991 LOO 82 PA E6O i FEB . 2 )i,991 EOOK 82 Fgc 665 division, but he has been fairly quiet about this, hoping it would be worked out. It seems, however, that this may be the appropriate time to raise his questions. Those questions relate to the fact that we have had to work out an arrangement for payment of the monies owed to us in order for them to enter into this new facility and, in addition to that, he believed the Health Department has overestimated revenues and that is a significant problem, especially in view of the fact that the State is saying we are in a very tight time and must cut back and not fill vacancies, etc. We are funding almost $490,000 worth of programs and his concern and question is: are the programs we chose to fund, above and beyond those funded by the State, the ones being cut and suffering because of the State's shortfall, because he does not want to cut services to the people we are trying to provide for. Commissioner Scurlock had questions about the restaurant section that is being taken away and the related positions and whether we are keeping these positions and cutting back, through turnover, head nurses and other vital positions. He wanted to be sure they have their mess cleaned up before we pay them another $400,000. He did realize, however, that Commissioner Eggert is working very hard with Mr. Chandler to work out some of these problems. Commissioner Eggert agreed there have been all the problems noted by Commissioner Scurlock but stressed that a lot of what we're paying for are matching funds for programs that have been mandated by the State, such as Primary Care, and Prenatal is part of that. Dr. Berman has been tracking very carefully with the District office on all this and she has been working with them, too, and feels that we've got a handle on what's happening there and she suggested that Commissioner Scurlock talk to Dr. Berman personally about this. She further believed that, although it is very necessary to track all this very carefully, it would be a mistake to get all this too intertwined with the building that we as a County are required to provide. Commissioner Scurlock stressed that he has gone through the Administrator and our Budget Officer requesting information about all this and, although all these requests have been forwarded on, and Dr. Berman and Mr. Galanis are fully aware of the questions he has been asking, no one has ever phoned him with any answers. Administrator Chandler reviewed the funding difficulties relating to the $500,000 allocated through the State towards the Health Department project and how we worked out an arrangement to have these funds provided in increments where they would not create a problem for us with the cash flow in funding our project. He 40 stressed that he has indicated to Dr. Berman that if, at any time, it looks as if there will be a difficulty with this, we need to sit down and discuss that well in advance. We are on schedule with our project and, therefore, the plan he and the Budget Officer have worked out with Dr. Berman is consistent with our funding and budget. Administrator Chandler continued that he has had discussions with Dr. Berman about their overall funding situation; how it affects their basic operation and how it relates to the $490,000 per year that we budget for the Health Department. There are any number of reasons for the shortfalls and the discussion he has had with Dr. Berman indicates that there has not been a significant impact on our basic services with the Prenatal and Primary Care programs. He believed there were some problems in terms of their inability to fill some positions because of the State -mandated freeze. It seems there was some misinformation with regard to the three positions related to the restaurant portion. One of those is going to the State and we will be picking up those inspections but the other two positions had the majority of their time allocated to other ongoing inspections the Health Department is liable and accountable for and that was not a part of it. The Administrator assured the Board that he and Director Baird have been watching the dollars and cents very carefully as related to our project and, then, the spinoff as relates to the ongoing operations of the Health Department and how that relates to the dollars we have allocated. Commissioner Scurlock stated that his concern is three -fold: (1) that we are spending 3/4 million on a new facility and have a commitment of about half a million from them to help with equipment; (2) that this gets intertwined because we are not the controller, we have a partnership without direct administrative responsibility; and (3) that our local programs that we are providing to the tune of $490,000 -odd do not get cut because the State has a shortfall and also because of a $600,000 buffoon mistake. Administrator Chandler agreed that if we were providing 100% the logical question would be: what right does the State have to come in here and tell us we can't fund those positions. But we are not funding those programs 100%; a good chunk comes from the State. Commissioner Bird understood Commissioner Scurlock's concern but noted that the subject before us today is to approve the furniture list for this new building. Possibly this is or is not all directly related but that is the item on the agenda and that is what we should focus on. 41 FEB 12 11991 boor F GE OU poor. 82 F'a.rt 667 Administrator Chandler noted that in terms of the interrelation of the whole funding picture there is still $127,000 due on the $500,000 in March and, in the event we do not get that payment, there probably is an option open to the County to not make our monthly payments on the $490,000. Commissioner Scurlock stated that is precisely his point! County Health Director Dr. Berman asked to be allowed to comment. He confirmed that his department did have a significant revenue shortfall in the previous planned on an additional $150,000 in but discovered there was an error ended up with a negative balance of fiscal year. Also, they had environmental health revenues, in that calculation and they a little over $100,000 for the year. He agreed that is bad and it should not have happened. In their current fiscal year budget, however, it was clearly set out that they planned to make up $65,000 of that this year and they will increase their revenues to cover that. They will also do that the next year and make it all up, and this plan was accepted and approved both by the Board and the State. That is their plan and they are still on track with it. Dr. Berman continued that they are caught between the State freezes and they also just received a $10,000 cut in their general revenue, which amounts to about $700,000. This is quite minor compared to some other counties and because of the vacant positions they can absorb it, but they cannot deliver all the services without filling those positions and they have been short of staff the last two or three months. Dr. Berman stressed that they did have the money for those positions already budgeted. Argument continued about intertwining these matters but Commissioner Scurlock contended that all these issues are related because we can cut back the capital items on the list. He also continued to discuss the possibility of cutting back our payments and Dr. Berman stressed that is where his department would get into trouble but agreed he can defer the purchase of some of this equipment to a later point in time so we can be sure to cover the cash flow. Administrator Chandler stressed that is why we have said if it looks like they cannot make that March payment we need to sit down and work this out. Quite frankly, he is mostly concerned with the County's financial position and that is why we are taking a hard line. Commissioner Scurlock at this point noted that comments on the original list but, not being professional, he would have to rely on Dr. Berman to has to have as medical necessities. He continued that 42 he can make a medical say what he the new list is under the budget that was fairly confident without going General Services Director to verify these costs and also proposed at $520,000 so he feels over it item by item. Dean wanted our staff to have time would like to add to the list that we are going to have to install window coverings, which are not included in the list. Administrator Chandler stressed the need to get a list approved so that when the building is complete we are ready to get it fitted out. Commissioner Scurlock asked if the Administrator today can recommend this new list and Administrator Chandler noted that, in terms of funding, it is within our budgeted amount. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, to approve the new list as just submitted, contingent on working out a solution to the payment of $127,000, through the deferral of specific equipment, if necessary, and also to make sure the County is not funding locally programs that the State ultimately cuts, with the result that we lose that money back to the State to solve their fiscal problems. Commissioner Bowman commented that an Ultrasound Unit was shown on the original list at $50,000 and now it is listed at $20,000. She wished to have this explained. Dr. Berman advised that he discussed this with radiologists at the Hospital. The price ranges on this equipment are very wide and it was felt there was good equipment available at the lower price that would do the job. Chairman Bird reviewed the Motion and understood it to say that if the $127,000 payment comes in, so that the capital funds are available as budgeted to make this purchase, then the list is approved as submitted; but if the payment does not come in, or only a portion of it comes in, this list will be phased in accordingly. This was confirmed. General Services Director Dean requested that window coverings be added to the list in the amount of $6,000. COMMISSIONERS SCURLOCK AND BOWMAN AGREED TO ADD to their Motion that the window coverings be added to the list in the amount of $6,000. 43 FEB 12 1991 F'AL.bJE FEB 12 199 ROOK 82 F'1u[ 669 THE CHAIRMAN CALLED FOR THE QUESTION on the Motion with above additions. It was voted on and carried unanimously. Commissioner Scurlock referred to negotiation of the State HRS contract and suggested that when we negotiate for specific services that we are going to provide here locally that we have contingency plans so that in case the State decided to cut out some of those programs we do not suffer locally for those dollars that are lost and Dr. Berman indicated he would like to help with that. PUBLIC WORKS FIRING RANGE FACILITY - CONSULTANT RANKING The Board reviewed the following memorandum from Capital Projects Manager Terry Thompson: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Terry B. Thompson, P.E.'r Capital Projects Manager SUBJECT: Firing Range Facility Consultant Ranking DATE: February 5, 1991 FILE: firing.agn DESCRIPTION AND CONDITIONS Indian River County solicited Letters of Interest from qualified Consultants for design of the proposed Firing Range Facility. The selection committee consisted of Richard N. Bird, County Commission Chairman; Stan Boling, Planning Director; Edwin Potter, Jr., Firearms Range Committee; Larry Tippins, Chief Deputy Sheriff's Department and myself. The Committee reviewed submittals, short-listed four firms and interviewed these firms. The resultant ranking of firms by the selection committee is as follows: 1. Carter Associates, Inc. 2. Brad Smith Associates, Inc. 3. Glace & Radcliffe, Inc. 4. Williams, Hatfield & Stoner, Inc. RECOMMENDATIONS AND FUNDING The committee recommends that staff be authorized to negotiate a contract with the highest ranked firm Funding is from Account 004-210-572-066.39. 44 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized Staff to negotiate a contract with the highest ranked firm listed above, as recommended by Staff. SOUTH BEACH RECREATION PATH JOINT CONSTRUCTION AGREEMENT WITH THE CITY OF VERO BEACH AND MAINTENANCE AGREEMENT WITH FDOT The Board reviewed the following memorandum from Capital Projects Manager Terry Thompson: TO: THROUGH: James W. Davis, P.E., Public Works Director FROM: SUBJECT: James E. Chandler, County Administrator Terry B. Thompson, P.E. Capital Projects Manager South Beach Recreation Path Joint Construction Agreement with the City of Vero Beach and Maintenance Agreement with FDOT r DATE: February 6, 1991 FILE: pathagr.agn DESCRIPTION AND CONDITIONS Both the City of Vero Beach and Indian River County are planning capital projects to be constructed on the west side of A1A in the south beach area. The City of Vero Beach plans to begin construction on a water reuse line in May that will be located in the same area as the County's proposed Recreation Path. County and City staff feel that it is in the best interest of the public to combine the two projects and consolidate plans, specifications and bidding documents. Attached is a joint construction agreement between the City of Vero Beach and Indian River County. The Agreement calls for the City to act as Project Manager and the County to deliver to the City plans, specifications and funds for the construction of the Recreation Path. The Florida Department of Transportation (FDOT) is the owner of SR A1A. In order to obtain a construction permit for the Recreation Path from the FDOT, the County must execute a maintenance agreement for the maintenance of the recreation path within the limits of SR A1A. The attached resolution authorizes the execution of a maintenance agreement for the Recreation Path within State right-of-way limits. 45 FEB 12 199' [;ODK 82 FAGE 670 . FEB 12 199 aOR PAGE 0 71 RECOMMENDATIONS AND FUNDING Staff recommends that motions be made to: 1. Authorize the Chairman of the Board of County Commissioners to execute the Joint Construction Project Agreement between Indian River County and the City of Vero Beach. 2. Authorize the Chairman and Clerk of the Board of County Commissioners to execute a Maintenance Agreement for the maintenance of the recreation path within the right-of- way limits of SR A1A south of the city limits of Vero Beach. Funding for this project is from Account 173-214-541-066.31. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 91-18 authorizing the Chairman to execute Agreements for Maintenance with the City of Vero Beach and the FDOT. COPY OF SAID DOCUMENT NOW FULLY_ SIGNED, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 46 RESOLUTION NO. 91-1 8 A RESOLUTION AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT FOR A RECREATION PATH (SIDEWALK) WITHIN THE STATE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED. ON MOTION OF Commissioner Sc u r 1 o c k , :seconded by Commissioner W h e e l e r , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation has authorized a County recreation path (sidewalk), Project No. 9016 to be located on State Road A -1-A south of the City of Vero Beach. AND WHEREAS, the State of Florida Department of Transportation having requested the county of Indian River County, Florida, to execute and deliver to the State of Florida Department of Transportation a Maintenance Agreement for said recreation path (sidewalk), and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Indian River County, Florida, that the Chairman and Clerk of the Board of County Commissioners be and are hereby authorized to make, execute and deliver to the State of Florida Department of Transportation a Maintenance Agreement for the maintenance of the recreation path (sidewalk) within the right-of-way limits of said State Road A -1-A south of the City of Vero Beach, Florida. BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. INTRODUCED AND PASSED by the Board of County Commissioners of Indian River County, Florida, in regular sessions, this 12th day of February FEB 12199 , 1991. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 47 Chairman Ptoor Afr F',>�t 6-11 rrm D A 6 991 � ROOD 8,9 p,� .<+ r.UC REOUEST FROM OLIVER CREWS,JR., FOR COUNTY TO REASSUME MAINTENANCE OF THE 122ND STREET BRIDGE OVER ,PARK LATERAL CANAL Public Works Director Davis reviewed the following: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request from Oliver Crews, Jr. for County to Reassume Maintenance of the 122nd Street Bridge Over Park Lateral Canal RE: Letter from Oliver Crews, Jr. to James W. Davis, Dated December 13, 1990 DATE: February 1, 1991 DESCRIPTION AND CONDITIONS In 1985, Mr. Carson Platt (now deceased) requested that the bridge over Park Lateral Canal be transferred from County ownership and jurisdiction to private ownership (Mr. Platt's control) since all of the property along 122nd Street west of the bridge was basically Mr. Platt's Ranch. The Board, at that time, approved the transfer. Now that Mr. Platt's estate has been distributed to the heirs, Mr. Crews is requesting that the County take back responsibility and ownership of the bridge. ALTERNATIVES AND ANALYSIS The Public Works Staff is of the opinion that since the roadway west of CR 507 that the bridge serves is basically a private road, the general public would not benefit in maintaining the bridge. The County Attorney's office has rendered the opinion that the County does not have the obligation to reassume jurisdiction. RECOMMENDATIONS AND FUNDING Staff recommends that the County not reassume jurisdiction nor maintenance of the bridge. Director Davis stressed that Staff feels the general public has no need of this bridge. Commissioner Scurlock wondered what Mr. Platt's purpose was when he asked this be taken off County maintenance. Director Davis believed Mr. Platt wanted control of the traffic coming over the bridge, probably because he had a problem with people dumping debris and trash on the estate. He noted that 48 we have some old pictures of this, dated 1979, and in one of them it looks like there is a gate. Commissioner Scurlock inquired about the cost of maintaining that bridge and asked if it is our policy to have something like this brought up to County standards before we accept it. Director Davis confirmed that has been our policy for some time and advised that we just received an inspection report from DOT and there were some minor improvements needed. Mr. Oliver Crews came before the Board. He informed the Board that he lives about 4-1/2 miles west of Fellsmere near the Brevard County line and he has a real dilemna. He is being told he owns this bridge and that it is a private bridge. He does not want to own a bridge and he cannot afford to maintain a bridge, but he also cannot afford to be without the bridge. He, therefore, is just asking for a reinstatement of the way things were when this bridge originally was built by the County. Mr. Crews claimed that the circumstances there have not changed over the years. The road is open and accessible to the public and has been for many years, and there has never been a gate on it or anything to make people stay off that road. He really did not understand just why Mr. Platt requested the change in 1985 and could only say that Mr. Platt was quite elderly at that time. Mr. Crews continued to explain that his wife inherited part of the estate and this bridge serves his business and another business. Water from all over the County flows under this bridge and he worries about the bridge being washed out at some time. Mr. Crews pointed out that Mr. Platt only asked to take over the maintenance of the bridge and he questioned whether he actually owned it; in fact, he did not believe Mr. Platt ever owned it. Director Davis advised it was his understanding that only the Carson Platt Estate had property west of the bridge but Mr. Crews informed him that besides his own residence, there is another house he owns and rents out; the bulk of the Platt Estate is back in there, which is about 2500 acres; there's a Mr. Fish with a tropical fish farm and about twenty acres which is owned by Mrs. Fredell. Considerable discussion ensued as to just when and how the ownership of the bridge passed over to Mr. Platt. Commissioner Scurlock remembered that Mr. Platt came before the Board asking to take over the maintenance of the bridge and he recalled that the Board just entered into an agreement where Mr. Platt assumed that responsibility. We did not transfer ownership of the bridge. 49 FEB a ¶991 ETO c� FauE b s t� 2 1991 BOOK : F'AE /5 County Attorney Vitunac believed the safest thing to do is assume there is some public liability associated with this bridge. Commissioner Scurlock did not have too much problem with taking it back if it is brought back to current standards but Attorney Vitunac noted that if we had title all along we had the liability all along and he did not know that it has to be brought up to standard because apparently we owned it all along. Commissioner Scurlock expressed concern about other people in like situations coming to the Board, but Director Davis noted that in the ten years he has been here he has only known of this one case. Chairman Bird asked if there is a serious amount of money involved to make the necessary repairs and Director Davis did not feel it was that considerable. It would involve some bracing, some corrosion, DOT guardrail, possibly a couple thousand dollars. Chairman Bird asked if Mr. Crews wold be willing to make these repairs and give the bridge back in the same condition as it was received. Commissioner Scurlock suggested that we make the guardrail our responsibility and the couple thousand dollars worth of shoring up and bracing his responsibility. Mr. Crews had a problem with that because he felt when the County came in and did some repairs and put in the bulkhead some years back they only used four by eights and it is bowed out split and he would be hesitant to repair something that was done properly in the first place. Commissioner Bowman expressed a desire to see the Minutes of the meeting when Mr. Carson Platt came before the Board and requested this and Commissioner Wheeler stated that he would like to have more research done by our Staff as to our legal liability and as to whether we are responsible for the bridge. Commissioner Scurlock asked if Mr. Crews has done any maintenance of the bridge in the last five years and he replied that he has not. Commissioner Scurlock, therefore, felt he should participate at some level in bringing it back to our standards. Attorney Vitunac noted if the roads are private then the bridge has got to be private; we cannot take a private road. and not MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Wheeler, to table further discussion on this matter for two weeks so Staff can research the questions raised. 50 Mr. Crews indicated that he would be willing to participate in bringing the bridge up to standard to some extent. THE CHAIRMAN CALLED FOR THE QUESTION> It was voted on and carried unanimously. CHAIRMAN BIRD LEFT THE CHAMBERS TEMPORARILY AT 11:20 O'CLOCK A. M. AND VICE CHAIRMAN WHEELER TOOK THE GAVEL. POLICY ON USE OF RIGHT OF WAY FOR WATER WELLS The Board reviewed the following proposed policy statement from Assistant County Attorney Terry O'Brien: TO: BOARD OF COUNTY COMMISSIONERS FROM: Terrence P. O'Brien, Assistant County Attorney VIA: James E. Chandler, County Administrator Terrance G. Pinto, Director of Utility Ser James W. Davis, Director of Public Works DATE: February 5, 1991 RE: POLICY ON USE OF RIGHT OF WAY FOR WATER WELLS 0 Private wells shall not be allowed in the right of way except potable water wells for single-family residences where there is a demonstrated unusual hardship and then only under the following conditions: 1. The appropriate state agency has determined that construction of a potable water well on the applicant's property is not permitted under state law. 2. There is no other practical method of obtaining potable water. 3. County potable water is projected to be available to the property within two years. 4. The exact location and material specifications of any construction in the right of way shall be determined by the County. 5. Any permitted use shall require that all portions of the well in the right of way be underground to a depth of not less than two feet. 6. The right of way shall be returned to its previous condition. 51 FEB 12 1991 ETOK 82 NAGE ?, 2 i99 floor 7. The permission to use right of way for a potable water well shall be the subject of a license between Indian River County and the property owner. The license shall include at a minimum the following conditions: a) The license may be cancelled at any time for any public purpose by the County and the applicant shall remove the well immediately. b) The license shall terminate when County potable water is available. The licensee shall immediately remove the well from the right of way and connect to County water after paying the appropriate fees. c) The license shall contain a hold harmless clause in favor of the County. d) The licensee takes the license with full knowledge that if the license is cancelled, it will, in all likelihood, render the residence being served uninhabitable until County potable water is available. Further, that the County shall in no way be held responsible for any damage or costs that may result from the cancellation of the license. e) Service may be interrupted from time to time for various reasons and the County shall in no way be held responsible for any damage or costs that may result from any interruption of service. 8. If the right of way sought to be used for a potable water well includes right of way adjacent to property owned by someone other than the licensee, the license shall be on a non- interference basis, present and future, to the non -applicant owner's right to use his property for any lawful purpose. 9. This policy statement shall be made part of and incorporated in. the license agreement. 10. The license agreement shall be recorded and shall be binding on all heirs, assigns, and purchasers. FAG[ 677 Administrator Chandler noted that Staff was directed to work up the above policy in light of the request by Mr. St. Pierre to be allowed to place his well in front of his lot in the County road right of way. Staff is recommending the policy set out above and if the Commission concurs, he would also recommend approval of Mr. St. Pierre's earlier request. 52 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) approved the Policy Statement on use of Right of Way for water wells as recommended by Staff and also authorized issuance of a permit to allow the well as requested by Mr. St. Pierre. SAID LICENSE FOR USE OF COUNTY RIGHT OF WAY IS ON FILE IN THE OFFICE OF.CLERK TO THE BOARD DEVELOPERS AGREEMENT WINDSOR PROPERTIES Attorney Vitunac reviewed the following, noting that Windsor Properties needs to reserve these additional ERUs in order to get concurrency. DATE: TO: FROM: FEBRUARY 7, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO7J DIRECTOR OF UTILITY ERVICES STAFFED AND PREPARED BY: HARRY E. ASHER ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: BACKGROUND: DEVELOPERS AGREEMENT WINDSOR PROPERTIES Windsor Development previously reserved and paid impact fees for 91 wastewater ERUs and ,100 water ERUs for its development in the North Beach area, specifically described in Attachment "A" of the attached Agreement. Windsor is planning to complete its development and, in order to comply with concurrency requirements, wishes to purchase an additional 200 water ERUs and 209 wastewater ERUs. ANALYSIS: Windsor has executed the attached Developers Agreement and submitted its payment in the amount of $551,953.00, for 200 water ERUs and 209 wastewater ERUs. RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners approve the attached Developers Agreement. 53 FEB 12 199 FA BOOK LL FEB 12 tl991 ROOK FrGE6i0 Commissioner Scurlock questioned the emergency nature of the item and Administrator Chandler explained that a check in the amount of $551,953 for 200 water ERUs and 209 wastewater ERUs had been received and could not be processed until the Board approved the Developers Agreement. CHAIRMAN BIRD RETURNED TO THE MEETING AT 11:30 O'CLOCK A. M. Commissioner Scurlock also asked if we have the capacity because he was under the impression North Beach requests were being turned down. He wondered if this isn't just an effort to try to beat the increase in the impact fees. He wants to make sure we treat Windsor the same as anyone else who comes in and wants to pay their impact fees before those fees go up. He noted that we are talking about an additional 200 water ERUs and 209 wastewater ERUs which would amount to several hundred thousand dollars. Attorney Vitunac believed that Windsor has been trying to buy these for several months. Assistant Director of Utility Services Harry Asher replied that both the North Beach water plant and also the Sea Oaks wastewater plant had been expanded and with those additions we will have that capacity. He assured Commissioner Scurlock that after this approval there are ERUs left for the general public and anyone who wishes to prepay may do so. Commissioner Scurlock stated that is the answer he was looking for. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Agreement with Windsor, as recommended by Staff, and authorized the Chairman to execute same. 54 DEVELOPER'S AGREEMENT FOR THIS AGREEMENT, made this ,2hday of -lwab.u.a-r-y_ , 19n, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and WINDSOR PROPERTIES, a Florida general partnership whose address Is 9300 N. A -I -A, Vero Beach, FL 32960, hereinafter called "WINDSOR"; W ITNESSETH THAT: WHEREAS, with the adoption of Chapter 163, Florida Statutes, and the rules relating to concurrency, adopted pursuant thereto by the Department of Community Affairs, no development orders may be issued In Florida without meeting certain concurrency tests for six -listed facilities and services Including those for water and wastewater; and WHEREAS, WINDSOR has developed and is planning to develop certain property ("PROPERTY"), the legal description of which Is attached as Exhibit "A," within Indian River County and is subject to a concurrency review for water and wastewater facilities; and WHEREAS, WiNDSOR wishes to vest its rights in water and wastewater facilities and to do this is willing to pay the required Impact fees for a total of 300 water units and 300 wastewater units; and WHEREAS, WINDSOR and COUNTY wish to memorialize this arrangement to enable WINDSOR to receive a concurrency certification from the COUNTY, NOW, THEREFORE, for and in consideration of the mutual premises and other consideration, the receipt of which is hereby acknowledged, COUNTY and WINDSOR agree as follows: 1. COUNTY acknowledges that WINDSOR has reserved and paid impact fees for 91 wastewater equivalent residential units (ERUs)- and 100 water ERUs to be used only on the PROPERTY. 55 FEB 12 1 BOOK O� PAGE UC)U • FEB 12 199i BOOK PAGE 6Sj 2. WINDSOR agrees to reserve and pay for a total of 209 additional wastewater ERUs and 200 additional water ERUs, which will be paid in full upon execution of this_ agreement. These units may be used only on the PROPERTY. 3. COUNTY acknowledges that if the number of ERUs reserved by WINDSOR is in excess of itsultimate requirement, COUNTY will use its good faith efforts to resale these units'to third parties, in which case WINDSOR will be repaid the amount received by the COUNTY from the third party up to the amount paid by WINDSOR for the impact fees. WINDSOR will not be credited with any interest. 4. COUNTY acknowledges that once WINDSOR has reserved and paid for the ERUs referenced In this agreement, WINDSOR is vested for 300 water and 300 wastewater ERUs. WINDSOR will then be required to make payments of the base facilities charge for each water and wastewater ERU reserved until such time as each ERU Is converted to an actual connection. WINDSOR acknowledges that the monthly base facility charges may be increased by the COUNTY from time to time, and that' failure to pay the base facilities charges will result in loss of the ERUs for which the base facilities charges are made. 5. As part of the consideration for this agreement WINDSOR treated agrees to accept from the COUNTY an amount .of effluent from the COUNTY's wastewater treatment plant equivalent to the amount of wastewater delivered by WINDSOR to the COUNTY but in any event not more than 750,000 gallons per day. The receipt of this treated effluent shall be without cost to WINDSOR for five years from the date of this agreement. WINDSOR agrees to take all necessary and proper steps to ensure that it has a proper receiving facility to accept and take this treated effluent water under ail weather conditions. Failure to accept this water shall be considered a material breach of this contract. 56 IN WITNESS WHEREOF, the undersigned parties have executed this agreement on the date first above written. -t-es�yyt • e rey Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Approved by B.C.C. 2(12/91 Witness 'chard N. Bird Chairman WINDSOR PROPERTIES, a Florida general partnership BY Torwesta Inc. y a Florida Corporation, nerI Parner By: Ro Presi trupat, SAID DOCUMENT, WITH ATTACHMENT, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD OUT OF COUNTY TRAVEL Commissioner Wheeler requested approval of out of County travel for himself and also Attorney Vitunac to attend the 1991 Mid -year Legislative Conference sponsored by Florida Association of Counties to be held in Tampa February 13-15, 1991. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved out of county travel for Commissioner Wheeler and County Attorney Vitunac to attend the FACo Conference as described above. 57 FEB 12199i POOK PAGE 6S2, FEB '12 091 P & R COMMITTEE MEETING SUMMARY Chairman Bird reviewed the following report: 1 BOOK PAGE PARKS AND RECREATION COMMITTEE SUMMARY February 7, 1991 Request for Pay Phone at Round Island Park The committee agreed, if restrooms are constructed on the west side of A1A, a phone might be installed in that building. 2) FIND Waterways Assistance Program - Grant Application for Round Island Park FY91/92 and FBIP Funding The committee recommended that County staff begin to design improvements- to Round Island Park on the west side of A1A, and also recommended that funds be applied for from FIND and FBIP. 3) MANWAC Recommendation Regarding the Posting of Manatee Information Signs at Round Island Boat Ramp The committee agreed with the need for signage at Round Island Boat Ramp, and it was the understanding of the committee that FIND was making the signs and would install them. 4) County Fairgrounds: Mudbogging and Remote Control Car Track There has been no activity at the mudbogging site or at the remote control car track. The mudbogging lessee was supposed to return the site to its original condition if activities ceased, however, he did install several improvements on the site. The committee recommended that the lessee be contacted to see if he is willing to relinquish the improvements in exchange for the County restoring the site. Mr. VanAuken from Road and Bridge said his crew could do the work. It was noted that a man in Sebastian might be interested in leasing the area at the remote control car track and operating it. Regarding Item 4, Commissioner Scurlock asked whether the original lease for the Mudbogging site didn't provide that all improvements would return to the County, and Chairman Bird advised that he would look into that. 58 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:35 a.m. ATTEST: FEB 12 1991 Clerk Chairman 59 BOOK 82 PAGE 684