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HomeMy WebLinkAbout3/12/1986r Wednesday, March 12, 1986 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, March 12, 1986, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. Chairman Scurlock called the meeting to order, and fed the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Wright advised that he had two additions: 1) Acquisition of four parcels of property on South Indian River Boulevard; and 2) Recommendation re awarding contract for earth moving, irrigation, grassing - Sandridge Golf Course. Commissioner Bowman requested the addition to today's agenda of appointments to the Tri -County Committee. Commissioner Lyons advised that he would like to give a partial report on the meeting of the Transportation Planning Committee. Attorney Vitunac requested the addition of the Indian River County Data Processing Committee Agreement. Chairman Scurlock wished to add presentation of a Certifi- cate of Recognition for one of our County employees, and determination of a date for a budget workshop, both of which he would like to have added to the Agenda right after approval of the Minutes. MAR 12 1986 .BOOK 63 rnuC83JE. MAR 12 1966 BOOK 63FLUE 835 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously added the above described items to today's agenda. APPROVAL OF MINUTES The Chairman asked if there were any changes or additions to the Minutes of the Regular Meeting of February 19, 1986. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of February 19, 1986, as written. The Chairman asked if there were any changes or additions to the Minutes of the Special Meeting of February 19, 1986. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Special Meeting of February 19, 1986, as written. DATE FOR BUDGET WORKSHOP After discussion as to a time most convenient for all to attend, it was decided to set a date for a Budget Workshop of Thursday, April 3rd at 9:00 A.M. AWARD OF CERTIFICATE - TERRY SOUTHARD Chairman Scurlock stated that it is a distinct privilege for him to present this Certificate of Outstanding Achievement to Terry Southard of our Utilities Department. He noted that he has had the opportunity to see Terry out in the field and observe his absolute clean -as -a -pin operation, and he believed that this 2 young man has been one of the most dedicated employees he has known in his considerable years with both city and county govern- ment. Chairman Scurlock requested that Terry Southard stand up and be recognized and presented him with his Certificate of Outstand- Ing Achievement amid much clapping. Utilities Director Terry Pinto also congratulated Mr. Southard, referring to the time when he had been Terry's supervisor when they both worked for General Development and the fact that he later pirated Terry from GDC and brought him to the county because of his talents. Director Pinto believed we all are aware that Terry was involved in a very serious accident that in probably 99.90 of the cases would have resulted in someone on -- a disabled list drawing a pension, but Terry has come back to Indian River County as one of his most valued employees and even been promoted since that time to one of our managers. Director Pinto then referred to the major problems we had with the Vista Royale treatment plant and emphasized that it now has become such a clean operation, it could practically be classed as a park. He stated that he is not only very proud of Terry Southard, but very glad to be able to have someone that he can depend on who also helps his position as Director of Utilities. 3 MAR 12 1986 Boa 63 FnE 836 MAR 12 1986 BOOK 63 PAGE 8 d. 30tan outr Tountu_ Vera iltart 341ar0a chis is to ceriifg that TERRY W. SOUTHARD is herebg awarbeb this .� Tiertirtatu D;r o o OUTSTANDING ACHIEVEMENT for spedul recognition ad excellence IN OBTAINING THE STATE OF FLORIDA DEPARTMENT OF ° ENVIRONMENTAL REGULATION CLASS A, CERTIFIED , 7I WASTEWATER TREATMENT PLANT OPERATORS LICENSE •."� �`; ►,i^"�II WITH A GRADE AMONG THE TOP 5% WITHIN THE STATE OF FLORIDA �tt' In maw Utilities Director Chairman Board of County Commission s'+ .st. CONSENT AGENDA Administrator Wright wished to have Item A pulled as it requires some explanation, and Chairman Scurlock requested that Item K be removed from the Consent Agenda for discussion. A. Pistol Permit Renewal - Julius Kabanek The Administrator reviewed the following memo: 4 TO: The Honorable Members of DATE: February 27, 1986 FILE: the Board of County Commissioners SUBJECT: Pistol Permit Renewal - Julius Kabanek FROM: Michael Wright REFERENCES: 'County Administrator The following individual has applied through the Clerk's Office for renewal of pistol permit. All requirements of the ordinance have been met. Attached are letters from individuals objecting to the issu- ance of a pistol permit for Julius Kabanek. The letters are self- explanatory. Please advise if there are any questions. The letters of objection received were from William P. Weyforth and Nathan Goldman, both next door neighbors of Mr. Kabanek. Mr. Weyforth spoke of problems with the Kabanek's wind chimes and Mr. Goldman feared Mr. Kabanek would harm his cat. Both stated that Mr. Kabanek had issued threats, and Mr. Weyforth stated that in one instance "a fire arm was involved." These letters are on file in the office of Clerk to the Board. Chairman Scurlock asked the County Attorney what our legal options are, and Attorney Vitunac advised that state law requires the applicant be 18 years of age, of a good moral character, and not have been convicted of a felony. The only way this permit could be denied would be if the Board found the applicant was not of good moral character based on the objections from the neighbors. Commissioner Bird felt this obviously is a neighborhood squabble and there are always two sides to such a dispute; he believed we should do further investigation. It was noted that those objecting were not present. Chairman Scurlock informed Mr. Kabanek that the Board takes the responsibility of issuing these permits very seriously and asked if he wished to make a response to these objections. 5 MAR 12 1966 63' p,�cE8x38 MAR 12 1986 BOOK 63 PnUE 839 Mr. Kabanek had questions regarding the allegations made by his neighbors, and Commissioner Lyons suggested the matter be tabled until Mr. Kabanek could read the letters of objection. Commissioners Wodtke and Lyons had questions as to why Mr. Kabanek actually needed a pistol permit, and he stated that he needed it for his protection as he has a deal concluding and will be receiving a -large sum of money, in checks not cash. Commissioner Lyons wondered if this really is needed for his protection in the terms of what we meant in the ordinance, and Administrator Wright reminded the Board that he was specifically instructed that the statement that someone needs protection meets the ordinance requirements. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Lyons, the Board unanimously agreed to defer action until Mr. Kabanek has an opportunity to read the letters of objection and then reopen discussion. B. Approval of Renewal Pistol Permits The Board reviewed memo of the Administrator, as follows: TO: The Honorable Members of DATE: February 24, 1986 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMIT RENEWALS FROM: Michael Wright REFERENCES: County Administrator The following individuals have applied through the Clerk's Office for renewal of pistol permits: Robert J. Schasane Boyer C. Hanson Andrew Fisher Jerry M. Johnson Arthur H. Sidelinger Thomas W. Aldrich Thomas M. Fortson Walter J. Keehner Wallace Carter All requirements of the ordinance have been met. 6 ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously approved the issuance of renewal pistol permits to the following: Robert J. Schasane Boyer C. Hanson Andrew Fisher Jerry M. Johnson Arthur H. Sidelinger Thomas W. Aldrich Thomas M. Fortson Walter J. Keehner Wallace Carter C. Surplus Property - Clerk The Board reviewed memo of the Purchasing Manager: TO: Board of County Commissioners DATE: Feb. 26, 1986 FILE: THRU: Joseph A. Baird SUBJECT: Surplus Property - Y Director, Management & Budget FROM: �e-►�� REFERENCES: Carolyn P odrich, Manager Purchasing Department 1. Description and Conditions The Clerks Office has 2 IBM Model 5265 Point of Sale Terminals that are now obsolete. One was purchased in 198(l and one in 1984, at a cost of $4274.00 each. 2. Alternatives and Analysis The terminals must be declared as surplus property, so they can be advertised and sold to the best bidder. 3. Recommendation It is recommended that the Board of County Commissioners declare this equipment as surplus property, so they can be sold to the best bidder. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously declared the IBM Point of Sale Terminals described above surplus property. 7 BOOK 63 FACE 840 MAR 12 1936 BOOK 63. PAGE D._Payment - Heron Cay Pump Station/Force Main Engineering Serv. The Board reviewed memo of Engineer Jeff Boone: TO: BOARD OF COUNTY COMMISSIONERS THRU: MICHAEL WRIGHT COUNTY ADMINISTRATOR DATE: MARCH 3, 1986 OV�VIA TERRANCE G. PINTO, DIRECTORSUBJECT: UTILITY SERVICES FROM: JEFFREY A. BOONE ENGINEERING OPERATIONS MANAGER BACKGROUND HERON CAY PUMP STATION/ FORCE MAIN ENGINEERING SERVICES The Heron Cay Wastewater Treatment Plant is scheduled to be taken out of service once the County's West Regional Wastewater Treatment Plant is brought on line. At that time the Heron Cay Pump Station will redirect wastewater flows to the new West Regional Wastewater Treatment Plant. ANALYSIS Engineering services for the alterations of the Heron Cay Pump Station and Force Main are proposed by Masteller and Moler Associates, Inc. in accordance with their agreement for Professional Services dated June 5, 1985. Engineering Services include design and specification of new pumps for the Pump Station as well as improvements to the structure itself, field surveys, preparation of construction plans and assistance to the County in obtaining various permits for the modifications. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize payment of the $3600.00 fee for Engineering Services by Masteller and Moler Associates, Inc. for the subject project. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously approved Work Authorization No. 5 for the above described services by Masteller 8 Moler Associates in the amount of $3,600 and authorized the signature of the Chairman. 8 � r � 0 INDIAN RIVER COUNTY Date: February 21, 1986 Work Authorization No. 5 for Consulting Services Project No. (County) (MASTELLER & MOLER ASSOCIATES, INC.) (Wastewater) P I. PROJECT DESCRIPTION Title: Heron Cay Pump Station/Force Main Modifications Design and engineering services relative to the referenced project involv- ing the preparation of contract plans and details to provide for the enlargement of the Heron Cay pump station capacity_ and total dynamic head and redirection of the force main to direct wastewater into the new 1.0 MGD Indian River County plant and permit abandonment of the Heron Cay 0.090 MGD plant. It is assumed that construction work will be by Change Order with Coastal Construction. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional Services" dated June 5, 1985 and specific Article numbers -and paragraph numbers which are listed hereinafter to describe the scope of services in- cluded on this project: A. Project Design Services per Article 4, paragraph 4a. and 4b. B. General Services During Construction per Article 5, paragraph 5a. and 5b. C. Supplementary and Special Services per Article 6, paragraph 6c., 6d., 6e., 6f., and 6g. In addition, our services shall include field surveys necessary for design and preparation of construc- tion plans and assistance to the County in obtaining various per- mits and approvals for construction (permit fees to be paid by the County). D. Payment for Services per Article 8, paragraph 8b., the lump sum fee for A, B and C above is $ 3,600.00• Payment shall be per paragraph 8d. APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By G z�cd Don C. Scurlock, Jr. Chairman Date March 12, 1986 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Charles Vitunac County Attorney SUBMITTED BY: MASTELLER.& MOLER ASSOCIATES, INC. By Earl H. Masteller, P.E. President l Date 9 �,� 0 1986Bou 63 PACE 842 MAR 12 1986 BOOK 63 msFG 843 E. Deeds - Vista Royale Water Plant Property ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously approved the following deeds re the Vista Royale Water Treatment Plant and authorized the signature of the Chairman. DEED OF EASEMENT THIS DEED, dated this 12th day of March , 1986, between INDIAN RIVER COUNTY, hereinafter called Grantor, which terms shall include when used herein, whatsoever the.context so requires or admits, its successors and assigns, and VISTA ROYALE ASSOCIATION, INC., hereinafter called the Grantee, which terms shall include when used herein, whatsoever the context so requires or admits, its successors, and assigns; W I T N E S S E T H: For the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the following: A perpetual non-exclusive easement for ingress and egress to Vista Royale Water Treatment Plant property across and under a twenty-five foot (251) strip of land lying adjacent to the east- erly boundary of area F (the Vista Royale Water Treatment Plant), the northerly boundary of the commercial area and the westerly and southerly boundaries of Phase 3, Vista Royale Condominium, all as shown on Exhibit "X" to the Declaration of Condominium for Vista Royale, which Exhibit is a boundary line survey recorded in Official Record Book 591, at Page 2516, of the Public Records of Indian River County, Florida; being that easement depicted on the attached Exhibit "A" as the "25' Easement"; subject to the fol- lowing conditions, which shall be binding upon the Grantee, its successors and assigns: A. The Vista Royale Water Treatment Plant property (the "Water Treatment Plant Property") will be screened by the Gran- tee, its successors and assigns, along its North, South and West Boundaries, by the planting of trees or hedges or erection of fences. This screening will be completed by December 31, 1986. B. The Water Treatment Plant Property will be maintained in a neat and orderly manner and may be used only by VISTA ROYALE ASSOCIATION, INC., the Florida not-for-profit corporation respon- sible for the operation of Vista Royale Condominium for the main- tenance and storage of equipment, supplies and other personal property. C. The Grantee, its successors and assigns, will maintain the existing paving upon the easement depicted upon the attached Exhibit "A" as the 25' Easement and the Grantee, its and assigns, will also maintain all existing paving North of and adjacent to a fifteen foot (15' ) strip ignated as 15' Easement upon Exhibit "A". 10 successors upon the land of land des- To have and to hold the same unto Grantee, its successors and assigns, subject only to the limitations stated herein. IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name by its Chairman, its official seal to be affixed, an attested to by its Clerk, the day and year above written. Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS OF in the presence of: INDIAN RIVER COUNTY, FLORIDA By: � CC - Don �C Don C. Scurlock, J611 Chairman Ap Attest: As Both a ti Freda Wrights l,er LOCATION OF PROJECT ,SDA,:!' P IST ►+TSTA ,r sgo N N res <u< �yA�d GOLF a < < tn-_ COURSE VISTA ► Kt 2 SWO LE 15' EASEMENT ------ � , v ROYALE 11-1 LOCATION MAP .I3 109.14' S.02' 07'26' E. COMMERCIAL AREA — 0 N M h� ..-_.0 M N Z PHASE 3 z N 238.91' SCALE I"= 200' N.33 -10-03"W. 25' EASEMENT 0 100.00' CQ o N.00' 37' 34" E. 3 00 1D o off — AREA -F' a WATER TREATMENT N _ PLANT m Jw u.s. + 58.54' 34T T9. E E ft LIN E S.89'09'11"E. S.i200�0 SKETCH OF DE-SCRIPTICN N.W. CORNER SEC. 19, T33S. R40E. - INDIAN RIVER COUNTY DIVISION OF PUBLIC WORKS MAR 12 1986 63 844 G 1 BOOK 63 PAGE 845 COUNTY DEED THIS DEED, made this 12th day of March , 1986, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Party of the First Part, and VISTA ROYALE ASSOCIATION, INC., Party of the Second Part; W I T N E S S E T H: Said Party of the First Part, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) to it in hand paid by the Party of the Second Part, receipt whereof is hereby acknowl- edged, has granted, bargained and sold to the Party of the Second Part, its successors and assigns, forever, the following described property subject to the reservation by the Party of the First Part of an easement more fully described below: A parcel of real property in Section 19, Township 33 South, Range 40 East, described as follows: See Exhibit "A" attached hereto. The Party of the First Part reserves an easement for ingress and egress to and for the placement and maintenance of existing water lines over, under and upon the property described as: The Southern 5' and the South 18' of the East 15' of the property described in the above - referenced Exhibit "A". IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS OF Signed, sealed and delivered INDIAN RIVER COUNTY, FLORIDA in the presence of: By: SCJ", G 'd"I� Don C. Scurlock, Jr , Chairman Attest:Krf- Freda Wright,Cl 12 EXHIBIT "A" From the intersection of the North line of said Section 19 with the east right-of-way line of U.S. Highway 1 (State Road 5) bear South 12°00'10" East, along said right-of-way line of U.S. High- way 1, a distance of 347.79 feet; thence South 89022126" East, a distance of 310.00 feet, to the Point of Beginning of the herein described parcel of land; thence North 00°37'34" East, a distance of 100.00 feet; thence South 89°22'26" East, a distance of 140.00 feet; thence South 00°37134" West a distance of 100.00 feet; thence North 89022126" West, a distance of 140.00 feet to the Point of Beginning; containing 14,000 square feet or 0.3214 acres, more or less. F. Work Authorization - North County Wastewater System Study The Board reviewed memo of Environmental Engineering Specialist Ron Brooks: -TO: HONORABLE BOARD OF COUNTY DATE: MARCH 3, 1986 COMMISSIONERS THRU: TERRANCE G..PINTO, DIRECTOR ' SUBJECT:, NORTH COUNTY CENTRALIZED UTILITY SERVICES WASTEWATER SYSTEM FEASIBILITY STUDY s -SROM: RONALD R. BROOKS EN'%r_1-ONMENTAL ENGINEERING SPECIALIST BACKGROUND In response to an observed and expressed need for a centralized wastewater system in the Roseland, US 1 and Fellsmere Road corridors the County Utilities.Department advertised and requested an expression of interest by p o.perty-owners in the subject area to participate in a bond program for de,velopmeLt-,u:6.a centralized wastewater system. Interested property owners were requested to provide a feasibility study fee of:$25.00 per-tquYivalent residential unit of service anticipated or needed far -their properties. The response by property owners was overwhelming and a total -of 38 principals provided $27,910.00 in funds to cover a feasibility study for provision of a total of 1116 ERU's of wastewater service (See Exhibit I). The -intent is.to utilize the funds for determination of the feasibility of developing..a-centralized wastewater system that will serve each piece of 13 BOOK 63 FA -GE 846 BOOK 63 F1GF 847 property�fcr which service has been requested. Where it is determined that wastewater. -service to a property is unfeasible the study fee will be non-refuudabyle. Where wastewater service to a property does appear feasible the funds, provided by that property owner will be credited towards assessed impact fees on the property. CONCLUSION Attached:as Exhibit II is a proposal and work authorization by Masteller and Moler, an.engineering firm currently contracted to provide continuing wastewater engineering services to the Utilities Department, to perform a wastewater. -feasibility study for the Roseland area. RECOMMENDATION Staff requests that the Honorable Board of County Commissioners review the proposal and if determined acceptable, authorize the Chairman to execute the work authorization for preparation of the feasibility study. Staff further requests that the Board authorize the Utilities Department to place the $27,910.00.in an account and utilize the funds to cover the cost of the feasibility study. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously approved Work Authorization No. 4 for Masteller & Moler Associates to do a feasibility study of the Roseland area for the lump sum fee of $20,000 and authorized the Utilities Department to place the $27,910 collected from property owners in an account and utilize said funds to cover the cost of the feasibility study. 14 INDIAN RIVER COUNTY Date: Work Authorization No. 4 For Consulting Services (Wastewater) Project No. (County) (Masteller & Moler Associates, Inc.) I. PROJECT DESCRIPTION Title: Consulting engineering services relative to the preparation of a Feasibility Study and Report to' provide Phase I sanitary sewers & treatment facilities to the Roseland Area of Indian River County. The report will contain a plan of the study area; sewer system layout schematic; number and type of estimated connections; construc- tion cost estimates; and recommendations. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional Services" dated June 5, 1985 and specific Article numbers and paragraph numbers which are listed hereinafter to describe the scope of services included on this project; A. Study and Report Services per Article 3. B. Payment for Services per Article 8, paragraph 8c. for "A" above shall be the lump sum fee of $ 20,000.00 Payment shall be per paragraph 8d. APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY G Don C. Scurlock Jr. Chairman . Date March 12, 1986 - APPROVED AS TO FORM AND LEGAL SUFFICIENCY: �t Charles Vitunac County Attorney SUBMITTED BY: MASTELLER & MOLER ASSOCIATES, INC. w BY ,@ Earl H. Masteller, P.E. President Date 2/ i 11 .66 15 RR BOOK �3 r,4 JE 848 L_ . MAR 12 1986 :r- MAR 12 1986 G. Change Order No. 2 - West Regional Wastewater Plant The Board reviewed staff memo, as follows: 63 PA-UE843 TO: BOARD OF COUNTY COMMISSIONERS DATE: MARCH 5, 1986 TURU: MICHAEL WRIGHT COUNTY ADMINISTRATOR VIA TERRANCE G. PINTO, j. DIRECTOR, UTILITY SERVICES FROM: JEFFREY A. BOONE ENGINEERING OPERA I NS MANAGER REFERENCE: MARCH 3, 1986 LETTER FROM WILLIAMS, HATFIELD & STONER INC.,' TO TERRANCE G. PINTO, DIRECTOR, UTILITY SERVICES AND FEBRUARY 19, 1986 LETTER FROM METRO EQUIPMENT & CONSTRUCTION ASSOC., TO RICHARD YATES, WILLIAMS, HATFIELD & STONER INC. SUBJECT: WEST REGIONAL WASTEWATER TREATMENT PLANT - CHANGE ORDER NO. 2 BACKGROUND The County's new West Regional Wastewater Treatment Plant (WRWTP) is scheduled for substantial completion and start up in March of 1986. - During recent site inspections several change order items were identified. These change order items will serve to make the plant more operable and to facilitate final certification by the Department of Environmental Regulation. ANALYSIS Following is an outline of the ten (10) change order items with their respective costs. chart flow measurement device 6 Add lifting to lugs to grit dewatering device so that a trash truck can pit it up per WH&S specifications 7 Modify dumpster provided by county to drain/dewater screenings, similar to grit dewatering device 8 Add PVC "snap -off" fitting on truck loading device COST $2630.00 720.00 465.00 385.00 4800.00 no charge no charge no charge 16 � � r CHANGE ORDER NO. 2 ITEM DESCRIPTION 1 Add rails and stairway to plant drain/sludge P.S. 2 Add screenings container drain and drop box 3 Add 4" and 8" flap valves to plant drain/sludge P.S. Materials Only 4 Provide H.W.L. alarm to plant lift station 5 Provide and install circular chart flow measurement device 6 Add lifting to lugs to grit dewatering device so that a trash truck can pit it up per WH&S specifications 7 Modify dumpster provided by county to drain/dewater screenings, similar to grit dewatering device 8 Add PVC "snap -off" fitting on truck loading device COST $2630.00 720.00 465.00 385.00 4800.00 no charge no charge no charge 16 � � r 9 Modify grit blow off piping to flexible hose with quick connect on each end 10 Add condensate blow off to bottom blind flange on east end blower manifold TOTAL: no charge no charge $9000.00 The subject change order will increase the contract price prior to this change order by $9,000.00 from $1,390,572.00 to $1,399,572.00. There is no time extension to the original contract associated with the subject change order. RECOMMENDATION Staff recommends that the Board of Countv Commissioners authorize Change Order No. 2 and payment of the $9,000.00 addition tj Che contract price. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously approved Change Order No. 2 West Regional Wastewater Plant with Metro Equipment and payment of the $9,000 addition to the contract price. CHANGE ORDER No. 2 (Instructions on reverse side) PROJECT: Indian River County West DATE OF ISSUANCE: March 3, 1986 Regional Wastewater Treatment Facility OWNER: Indian River County (Name, 1840 North 25th Street Address) Vero Beach, FL 32960 CONTRACTOR: Metro Equipment & Construction Association U85 -S2 OWN ER's Project No. ENGINEER: CONTRACT FOR: ENGINEER's Project No. You%re directed to make the following changes in the Contract Documents. Description: Railings and stairways for pump station, flap valves, plant drainage modification P.S. high water alarm, and flow measurement device. Purpose of Change Order: To facilitate operation and comply with state and federal regulations. Attachments: (List documents supporting change) . Attachment 1. CHANGE IN CONTRACT PRICE: Original Contract Price $ 1,374,600.00 17 CHANGE IN CONTRACT TIME: Original Contract Time 120 days dvs or a.0 M�� � BOOK 63 FAsF 850 i DOOR 63 I rUCp 9 .V Previous Change Orders No. 1 to No. __ S 15,972.00 Net change from previous Change Orders - 0 - - days 1 Contract Price prior to this Change Order 1,390,572.00 Contract Time Prior to this Change Order 120 days days or due Net Increase Rdem me) of this Change Order $ 9.nnn _ nn Net Increase (decrease) of this Change Order - 0 + day. Add screenings container drain Contract Price with all approved Change Orders S 1,399,572.00 Contract Time with aU approved Change Orders 120 days days or due 3 RECOMMENDED: APPROVED: ,/'Z ",�! APPROVED:by / G by ZZY � by eawCOMMUW RicharGYS. Yates, P.E. EJCDC No. 1910-8-B (1983 Prepared by the Emoaftrs' Joint, rests Committee and endorsed by The Associated General Contractors of America. CHANGE ORDER NO. �t ATTACHMENT NO. 1 Item Quantity Description 1 L.S. Add rails and stairway to plant drain/sludge P.S. 2 L.S. Add screenings container drain and drop box 3 L.S. Add 4" and 8" flap valves to plant drain/sludge P.S. Materials only. 4 L.S. Provide H.W.L. alarm to plant lift station 5 L.S. Provide and install circular chart flow measurement device TOTAL 18 Additional Cost $2,630.00 720.00 465.00 385.00 4,800.00 $9,000.00 r A. H. DER/Army Corps/DNR Permit Application__ Schulten The Board reviewed staff memo, as follows: TO: The Honorable Members DATE: March 4, 1986 FILE: -of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND SUBJECT: D.N.R. PERMIT APPLICATION Robert M. Keat ng, �CP Planning & Development Director THROUGH: Art Challacombe Chief, Environmental Planning FROM: Roland M. DeBlois REFERENCES: TM#86-294 Staff Planner RMD DIS:ROLAND It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 12, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION NO. 31-116442-4 APPLICANT: Ms. Maryann J. Schulten 13070 North AIA Vero Beach, Florida 32963 WATERWAY & LOCATION: The project is located in the Indian River adjacent to State Road AIA in Section 33, Township 30 South, Range 39 East, Indian River County, Florida. The upland property associated with the project is located at 13070 North AIA, Vero Beach, Florida. WORK & PURPOSE: The applicant proposes to construct a private single dock and boat shelter, extending 90 feet waterward. The proposed dock dimensions are 4 feet in width and 80 feet in length. The boat shelter is to consist of a 10 foot by 20 foot V-shaped roof, to be constructed 7 -feet higher than the proposed dock. No sewage pump -out or fueling facilities are proposed; no dredging or filling is to occur. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: The Conservation & Coastal Zoning Management Element of the Indian River Comprehensive Plan Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Reqion The Hutchinson Island Planning & Management Plan The Indian River County Code of Laws and Ordinances 19 MAR 12 1986 sou 63 852 Boa 63 FADE 853 MAR 12 1986 7 Chapter 16Q-20 of the Florida Administrative Code sets parame- ters for private residential single docks located in the Indian River Aquatic Preserve. Section 16Q -20:04(5)(b), Florida Administrative Code, sets forth specific design standards and criteria for private single docks, among which is the criterion that "the dock will extend out from the shoreline no further than to a maximum depth of minus four (-4) feet (mean low water) " (16Q-20..04 (5) (b) (3) ) . Staff has not determined if the dockage project location is in the Aquatic Preserve or if it is located on privately owned bottomlands. If the project is located in the Preserve, the dock ia"y be conflict with the above cited criterion; the applicant has not provided sufficient information concerning mean low water depth. No dredging or filling is associated with the private single dock projbct. In that respect, the project results in minimal additional impact to an area where private single docks have been previously permitted. Although the extent of any impacts are not fully known at this time, this and other proposed dockage projects in the Indian River may result in negative cumulative impacts upon the Florida Manatee. Staff has not determined the extent to bottomlands of the proposed project area effect of Indian River development on seagrass beds should be considered. RECOMMENDATION: which the submerged will be impacted; the ecologically valuable It is recommended that the Board of County Commissioners authorize staff to forward the following comments regarding this project to the Florida Department of Environmental Regulation: 1) The Department of Environmental Regulation and other appropriate agencies should coordinate with the D.N.R. to determine if the project is located in the Indian River _ Aquatic Preserve and therefore subject to requirements of Chapter 16Q-20, Florida Administrative Code. 2) The Department of Environmental Regulation and other appropriate agencies should consider the potential cumulative impacts of dockage projects upon the Florida Manatee. 3) The Department of Environmental Regulation and other appropriate agencies should evaluate the potential impact of marina projects on ecologically significant submerged bottomlands such as seagrass beds in the Indian River. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously authorized staff to forward their comments to the DER as set out in the above memo. I. Allocation of Insurance Increase The Board reviewed the following memo of OMB Director Baird: 20 TO: Honorable Board of County DATE: March 5, 1986 FILE: Commissioners THROUGH: Michael Wriqht County Administrator PhA.FROM: JoseBaird OMB Director SUBJECT: Allocation of Insurance Increase REFERENCES: Indian River County's cost of insurance has increased substantially this year from $280,744 to $550,995. The $270,251 increase was due to the escalation of the Multi - Peril and Automobile insurance premiums. The increase will be allocated as follows: INSURANCE INCREASE ALLOCATION FUND NUMBER 001 004 107 111 411 441 471 501 General Fund 001 FUND NAME General Fund Municipal Service Fund Housing Authority Road & Bridge Landfill Building Department Utilities Fleet Management TOTAL RESERVE FOR CONTINGENCY - BALANCES Municipal Service Fund - 004 Road & Bridge - 111 Landfill - 411 Utilities - 471 Balance Less Insurance Increase Remaining Balance Balance Less Insurance Increase Remaining Balance Balance Less Insurance Increase Remaining Balance Balance Less Insurance Increase Remaining Balance Balance (218 & 219) Less Insurance Increase Remaining Balance 21 AMOUNT OF INCREASE $81,737 14,867 678 93,272 6,768 13,513 52,640 6,776 $270,251 $237,777 -120,737 $117,040 164,378 -14,867 149,511 1:450,000 -93,272 56,728 30,000 -6,768 23,232 150,000 -52,640 97,360 MAR 12 1986 BOOK 63 F',GL �� r MAR 12 i986 BOOK 63. PAUL 855 Please note the Building Department, Fund 441 and Fleet Management, Fund 501, do not have Reserves for Contin- gencies. The Building Department had a larger cash for- ward balance than anticipated, so, we will take the in- crease of $13,153 from that surplus cash. Fleet Manage- ment will increase their anticipated revenues by $6,776. The budget amendments to accomplish the above is as follows: Dept. Name Emergency Management Refuse Parks Ag Extension General Services Property Appraiser Finance County Jail General Fund - Reserve for Cont. Account Number 001-208-525-34.51 001-209-534-34.51 001-210-572-34.51 001-212-537-34.51 001-251-519-34.59 001-500-586-99.06 001-300-586-99.01 001-906-52 334.51 001-.199-58199.91 County Planning 004,205-515-34.59 County Engineering 004,244,541-34.51 Code Enforcement 004207-524-34.59 Municipal Service - Resry for Cont. 004199-581-99.91 Traffic Engineering Road & Bridge Road & Bridge - Resry for Cont. Landfill Landfill - Reserve for Cont. Building Department Building Department Revenue - Building Dept. Utilities Uti 1 ities Utilities Utilities Utilities - Resry for Cont. Utilities - Resry for Cont. Fleet Management Revenue - Fleet Management Housing Authority Housing Authority RECOMMENDATION: 111-245-541-34.51 111-214-541-34.59 111-199,581-99.91 411-217-534-34.59 411-217-534-99.91 441-233-524-34.51 441-233524-34.59 441-000-104-00.00 471-218,536-34.51 471-219-536-34.51 471-218-536-34.53 471-219-536-34.53 471-218-536-99.91 471-Z19-536-99.91 501-242-591-34.51 501=000-395-10.00 107-226-554-34.51 107426-554-33.21 Increase 942 7,536 4,710 1,884 52,533 7,536 942 5,654 6,736 6,324 1, 807 3,709 89,563 6,768 6,777 6,736 13,513 8,132 8,131 18,189 18,188 6,776 6,776 Decrease 81;737 14,867 93,272 6,768 26,321 26,319 Staff recommends the Honorable Board of County Commissioners approve the above budget items to appropriately allocate Indian River County's recent insurance in- crease in the amount of $270,251. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously approved the budget items as listed above to allocate appropriately the multi peril and automobile insurance increase. 22 J. Bid #282 __Playground Equipment__ Gifford Park The Board reviewed memo of Purchasing Manager Goodrich: TO: Board of County Commissioners DATE: March 3, 1986 FILE: THRU: Michael Wright SUBJECT: IRC BID #282 -Playground Equipment Caunty Administrator Gifford Park FROM: REFERENCES: Carolyn oodrich, Manager Purchasing'Department 1. Description and Conditions Bids were received Tuesday, February 25, 1986 at 11:00 A.M. for IRC #282 - Playground Equipment in Gifford Park 7 Bids were sent out. Of the 6 Bids received, 2 were "No Bids". 2. Alt-rnatives and Analysis The low bid was submitted by C & W Unlimited, Jupiter, Fl. in the amount of $5634.00. However, the bid does not meet the specifications for the following reasons: (1) Deck Material is 11 ga. perforated steel, specs.called for 14 ga. galvanized steel. (2) Spiral slide is plastic without a canopy, specs. called for the spiral slide surface to be 20 ga. stainless steel. (3) A wave slide was called for in the specs., both slides bid are straight slides. The second low bid was submitted by Ned Noland & Associates, Fern Park, Fl. in the amount of $5972.99. The bid meets all specifications. 3. Recommendation and Funding It is recommended that IRC #282 be awarded to Ned Noland and Associates in the amount of $5972.99. There is $6800.00 budgeted in account #102-210-572-66.39. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously awarded Bid #282 for playground equipment in Gifford Park to the second low bidder Ned Noland & Associates, in the amount of $5,972.99, as being the lowest and best bid meeting specifications, per the following bid tabulation: 23 va 63 -F� r 856 I % BOOK 6 PnE 8-57 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 . • • BID TABULATION R c vo oc Q oa ,� • °i c ^ i°'� ,gym y cj ^ yy 4, y •.. ^m i e,.°' • y �` o a fir 4 t '� o° 'tr c o J c' =� �� w ^ o m4 ro o �a ,w S, {o Z�v� Ov v aQ BID NO. IRC BID #282 DATE OF OPENING` Feb. 25, 1986 BID BID TITLco EPLAYGROUND EQUIPMENT - ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PF 1. Playground Structure 1 Each 4 00 NB NB 7823 00 5634 00 1' Gameti a Lands a F6669 Structure 2. Days required for delivery after receipt of Purchase Order. Days 35-45 42 ALT. 6985 00 w/1 P3e;n slid K. Bid #283 - Air Conditioning Replacement (Courthouse) The Board reviewed memo of Purchasing Manager Goodrich: TO: Board of County Commissioners DATE: March 3, 1986 FILE: THRU: Michael Wright SUBJECT: IRC BID #283 -Air Conditioning County Administrator Replacement FROM: -�.� REFERENCES: Carolyn Goodrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, February 25, 1986 at 11:00 A.M. for IRC Bid #283 -Air Conditioning Replacement for the Courthouse. 17 Bid Proposals were sent out. 7 Bids were received. 2. Alternatives and Analysis The low bid was rei-bived from Service Refrigeration, Vero Beach, F1, in the amount of $3940.00 for each location. The optional heat pump bid is $4175.00 for Courtroom "C" and $4148.00 for the County Court Judges Suite. The bid meets all specifications. 3. Recommendation and Funding Per the attached memo from Lynn Williams it is recommended that IRC #283 be awarded to the low bidder, Service Refrigeration, Vero Beach, for the optional heat pump. Funds are budgeted in Account #102-220-519-66.49. W � s � Chairman Scurlock explained that he had this removed from the Consent Agenda for discussion because he wished to know if there had been a specific amount budgeted, and Administrator Wright stated that he would have to look this up. The Board tabled the -matter temporarily while this figure was checked, and the Administrator reported that $5,100 apiece was budgeted; so, actually this is under budget. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously awarded Bid #283 to the low bidder, Service Refrigeration for the optional heat pump per the following bid tabulation: BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION w NO. DATE OF OPENING IRC BID #283 Feb. 25, 1986 TITLKIR CONDITIONING REPLACEMENT � 0 7 m°i y �ro vo •. {'O UNIT PRICE Q� mor UNIT PRICE UNIT PRICE UNIT PRICE ,ab � a p, y Weather ldeath Weath r Courtroom "C" 2nd F1 King BID BID NO. DATE OF OPENING IRC BID #283 Feb. 25, 1986 TITLKIR CONDITIONING REPLACEMENT Dov w �� 1 tij a� 0 7 m°i y �ro ,� uq, �? ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT P 1. Air Conditioning Replacement Weather Weather ldeath Weath r Courtroom "C" 2nd F1 King King King King Carri r Total 7231 30 7347 50 6084 60 6752 00 6892 00 6350 0 7- fir COnlerl Haat Pnmp Trital 7362 00 7795 00 6291 55 6043 00 7865 00 6600 00 4175.00 6-8w 3 Air Conditionina Re lacement County Court Judges Suite Carrie - 2nd Floor Total 6 2 00 6992 00 6350 00 3940 00 4. Air Cooled Heat Pump Total 7362 00 7795 00 6291 55 6043 00 7965 00 6600 00 4146 00 L. Reports Received and placed on File in the Office of Clerk to the Board: Report of Activities and Expenditures .of County Public Health Unit for period ending 12/31/85. M. Contract - Community_ Services Block Grant Housing Rehabilita- tion Program (Federal FY 1986) The Board reviewed staff memo as follow: 25 MAR 12 1986 Book 63 Fir 858 MAR 12 1986 Boa 63 TO: The Honorable Members of the DATE: March 5, 1986 FILE: Board of County Commissioners THROUGH: Michael Wright County Administrator SUBJECT: Community Services Block Grant ::,,asing Rehabilitation Program Federal Fiscal Year 1986 FROM L / ' . ..� Zhomas REFERENCES. Assistant Executive Director I.R.C. Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITIONS: The State of Florida's Department of Community Affairs has once again allocated $6,295 to Indian River County ender their CSBG Program, and the Housing Authority would like to utilize this grant to provide rehabilitation housing consulting services which activates rehabilitation funding from governmeatal sources. This program will run from April 1, 1986 to September 30, 1986. The Farmers Home Administration Section 504 Program provides housing rehabilitation loans and grants to low-income and elderly persons who lack the finances to make their homes decent, safe and sanitary and free of health and safety defects. This 1986 Program is targeted in the Gifford area of the County and 15 low-income and elderly owners will have their homes brought up to safe and sanitary standards. ALTERNATIVES AND ANALYSIS: This is our fourth year of funding under legislation passed by the Congress which consolidates various social programs into the block grant categories. RECaIE` ATION: - We respectfully request the County Commission to authorize its Chairman to execute the Contract for submission to the Department of Community Affairs for this CSBG grant. This program will bring about improvements in safety and sanitation for fifteen (15) homeowners with an average cost of $2,900 per unit. The $6,295 grant plus $1,052 in cash and $1,645 in-kind contributions by the Housing Authority will be supplemented with $40,000 in loans and grants from the Farmers Home Administration. This program requires no additional County funds. ON MOTION by Commissioner Lyons, SECONDED by Commis- sioner Wodtke, the Board unanimously authorized the Chairman to execute the Community Services Block Grant Award Agreement for submission to the DCA. (Said Block Grant Award Agreement is on file in the Office of Clerk to the Board.) 26 ARCHITECT - COUNTY HEALTH CLINIC BUILDING General Services Director Dean reviewed the following memo, noting that Seminole County in 1983 paid 7.8% for a similar type structure. TO: The Honorable Members DATE: March 5, 1986 FILE: of the Board of County Commissioners THRU: Michael Wright County Administrator FROM. H. T. "So Director General S Dean s Architect for County Health SUBJECT: Clinic Building. REFERENCES: On February 11, 1986, Commissioner Lyons, Michael Wright, and this writer met as instructed by the Board, with Lemuel Ramos of Lemuel Ramos and Associates, Inc. to negotiate a contract for the subject project. The Committee discussed, and was able to define, the scope of work that would be required. Mr. Ramos outlined what would be in the basic services which included interior design, graphic design, and special built-in furniture for a price of 9 1/20 of the contract. After discussion and negotiations, we were able to get Mr. Ramos to agree to an 8% fee. Staff recommends the Board authorize Mr. Ramos to perform the work as outlined in the attached contract. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman to execute a contract with Lemuel -Ramos and Associates, Inc., as recommended by staff. Commissioner Wodtke inquired what it means when the contract says it will include some interior design, and Director Dean explained that there is some special furniture that the architect is going to design - built-in type items; this does not include such things as carpet or wallcoverings. Chairman Scurlock asked if there was any discussion of 8% and a not -to -exceed figure, and Commissioner Lyons stated there 27 MAS 12 1986 Bou 6 F',�,UE 866 MAR 12 1966 63. mu 861 was not, but they did have an estimate of the square footage price which was one of the lower ones - in the range of $65 per sq. ft. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. (Said Agreement is on file in the Office of the Clerk to the Board.) H. FISCHER - NORTH APPROACH ROAD TO CR510/512 INTERSECTION Public Works Director Davis reviewed the following memo: TO: The Honorable Members of the DATE: March 4, 1986 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Request by Henry Fischer to Construct a North Annroach Road to the CR512/CR510 Intersection FROM: F James W. Davis, P.E �J REFERENCES: Randy L. Mosby to Ralph _ Public Works Director Brescia dated Feb. 4, 1986 DESCRIPTION AND CONDITIONS Randy Mosby, agent for Henry Fischer, has submitted a Right -of -Way Con- struction Permit Application for the northerly extension of CR 510 north of CR 512. The following additional information was submitted: 1) Construction Drawings which have been reviewed by staff, revised, and are now approved by staff. 2) Notarized- authorization from Henry Fischer that grants Mosby and Associates, Inc. to act as agent. 3) Contract for easement between Anwelt Corporation (Ronald Ansin, Chairman) and Henry Fischer and Sons, Inc., granting Mr. Fischer a non-exclusive easement over the grantor's land to construct the road. This contract is prepared to allow for future dedication of the road to be public if the County desires. 4) Letter from Randy Mosby dated Feb. 4, 1986 addressing staff conments. Note that Mr. Fischer is requesting credit to applicable Traffic Impact Fees for improvements (3 laning) of CR 510 south of CR 512 which staff has requested. Also, the driveway to the Step Saver Convenience Store is in conflict and the County is being asked to request relocation. 5) Cost estimate for the work. 28 ALTERNATIVES AND ANALYSIS The County staff and Transportation Planning Ccmittee has reviewed this request. The road is being constructed to serve a proposed 147 acre development north of CR 512. During the Feb. 11, 1986 meeting of the Transportation Planning Committee, the TPC approved a staff study of the intersection which showed that signalization was not warranted. Also, no objection to Mr. Fischer's request was presented. RECONMENDATIONS AND FUNDING Staff recommends approval of the issuance of a right-of-way permit to construct the north extension of CR 510 north of CR 512 subject to the following conditions: 1) The Developer fund 1000 of all construction, including improvements to the existing CR 510 south of CR 512. A credit to future Traffic Impact Fees would be allowed for widening and improvements to the existing section of CR 510 south of CR 512. 2) Once signalization is warranted, the developer should fund his fair share of signalization at the intersection. 3) The developer agree to dedicate to the County the roadway in the .future if the County so desires. Possible future northerly extension shall be planned. 4) The developer agree to connect the convenience store to the new roadway. The County would assist in requiring the convenience store owner to relocate his east driveway from CR 512 to the new roadway. There is no funding to be addressed by the County. Director Davis informed the Board that there is a problem with future dedication. Mr. Ansin is the owner of the property between CR 512 and Mr. Fischer's future development, and Mr. Fischer simply has an easement across Mr.•Ansin's property; so, it would be necessary to deal with Mr. Ansin also re any future dedication. The 147 acre development will be within the City of Sebastian and will fall within their guidelines. Staff feels this is a very important intersection and would rather have a 4 -way intersection than a 3 -way one with a crossroad coming into it. Staff, therefore is recommending approval contingent on the four conditions listed. Commissioner Wodtke did not believe we have ever approved any road without being able to get ownership of that road. He noted Hetra first had to acquire the R/W, and it had to be in the - county's name before we would authorize the road. Chairman Scurlock felt that part of the recommendation should be modified to include that kind of language as he agreed we need to be consistent. 29 A 12 19 6 Boor. 63 1 n . 862 MAR 12 1986 Boa 63 -Pr{cE 863 It was noted this is to be a private road, and Commissioner Wodtke did not see how it can be since there is a cemetery there. Director Davis explained that it is east of the cemetery. The cemetery and the convenience store would connect to the new " road, and we would eliminate the convenience store's east driveway connection to CR 512. Commissioner Wodtke asked how people would get to the cemetery, and Director Davis stated they would drive down the new road and turn into the cemetery, and Commissioner Wodtke felt it then would have to be a public road. The Board continued to discuss various alternatives, and Administrator Wright suggested that we continue this item and try to get the R/W. A Motion to table was suggested, but was withdrawn for further discussion. Commissioner Wodtke asked about timeframes, and Randy Mosby of Mosby Associates, agent for Henry Fischer, reported that Mr. Fisher has about nine months to complete the construction of the road based on the easement agreement with Ansin. He wants to use the road as a private road just for access, and it would deadend at his development. They are working on easements for people to access the cemetery and the StepSaver. Chairman Scurlock asked what the problem is with a public road, and Mr. Mosby explained that Mr. Fischer did not intend to have through traffic in his project. Discussion continued at length re the need to have a public road to access the cemetery and StepSaver, the fact that there is an old "prescriptive" dirt road to the cemetery, the fact that the StepSaver's present access is a traffic hazard, etc. Commissioner Wodtke asked if Mr. Fischer will take care of the costs for whatever improvements are necessary for StepSaver's access drive, and Mr. Mosby confirmed that he would and the improvement will consist of removal of an existing culvert and driveway and the installation of a new curb. 30 � � a 77 The Board continued to emphasize the importance of this being a public road, and Administrator Wright advised that the owner of considerable property to the north of the Fischer property has indicated that he intends to sell and develop to the north and west; he also is very much interested in participating in the proposed Roseland sewer expansion project, even to the point of dedicating land to us. Chairman Scurlock felt it, therefore, is incumbent on us to maintain public access to the area. Commissioner Lyons believed everyone has heard what we have in mind, and possibly this should go back to the drawing board., Commissioner Wodtke felt if it is okay with Mr. Mosby, we could go ahead and approve this and just change the language in #3 to require dedication of the roadway to the County. Commis- sioner Lyons felt we could make the approval contingent upon the conditions. Mr. Mosby noted that 135 acres of Mr. Fischer's property are in the city of Sebastian. He is planning an equestrian type subdivision with a 30 acre riding tract and one acre lots, and he wants to maintain the private atmosphere. Chairman Scurlock pointed out that if Mr. Fischer doesn't have access, he can't do anything. Director Davis brought up the point that if the property north and west does not connect to this road in the future, we might not want the maintenance obligation, and he suggested that we might just require the road be dedicated to the north limit of the cemetery at this time, or, in other words, make it public to the city limits line. It was generally agreed this was a good idea. Mr. Mosby stated that if this would require dedication prior to construction, he will need to talk to Mr. Ansin. Discussion continued re approving contingent on that condition. 31 MAR 1 ti19 6 eoa� �� `���� 864 r- MAR 12 1986 8 BOOK 6PAGE MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, to grant the request of Henry Fischer to construct a north approach road to CR510/512 intersection, changing condition #3 to require dedication to the north extension of the cemetery, or the City line of Sebastian as it exists today, and meet all other conditions set out in the memo. Commissioner Wodtke wished to know just what is involved in condition #4 - i.e., assisting in requiring the convenience store owner to relocate his east driveway. Director Davis explained we have the authority to regulate what goes on in the 510 R/W. There was some negotiation with the StepSaver formerly by Mr. Fischer, but the owner was reluctant to cooperate. We would join in and lend the weight of our author- ity and negotiate along with Mr. Mosby to get that driveway relocated. Commissioner Lyons emphasized that there is no funding to be addressed by the county, and Director Davis agreed, except future credit to some impact "fees. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. CONTINUED FROM CONSENT AGENDA - Pistol Permit Julius Kabanek Mr. Kabanek thanked the Board for the opportunity to read the letters of objection to his pistol permit renewal and felt they are unbelievable. He informed the Board that the only time the Goldmans ever saw him with a gun was about a year ago when he was going to the bank with a large sum of money and wearing his pistol in a holster. They say he threatened them, and this is not true. Mr. Kabanek then described in detail how the Goldman's cat frequently comes over to his property and relieves itself in 32 his flower bed and under his house. He further stated that the cat tore up the vinyl around his air conditioning ducts to the extent that it cost him $60.00 for repairs. He noted that the rules of the park are that animals have to be on a leash, and he has requested his.neighbor to keep the cat on a leash. Regarding the room, Mr. Goldman claims he built on for the cat, Mr. Kabanek believed it actually was for a workshop, and as to Mr. Weyforth's complaint about his wind chimes, he pointed out that the Goidmans have chimes next to him, and he has not complained. He also stated that the Goldmans and Mr. Weyforth, who are both his next door neighbors, are very good friends and also heavy drinkers and they party to 3:00 A.M. Chairman Scurlock stressed that the Board's only concern is-. the danger of issuing a permit if Mr. Kabanek has threatened bodily harm to his neighbors; they are not concerned about the cat, etc. He asked if Mr. Kabanek is claiming that he has never threatened or pulled a pistol on anyone, and Mr. Kabanek stated that he has not and the pistol was not even out of the holster. The Chairman asked how long Mr. Kabanek has had a pistol permit, and Mr. Kabanek stated two years. Commissioner Bird noted that apparently Mr. Kabanek had a permit at the time he carried his pistol, and he did not see that Mr. Kabanek committed any crimes that would cause us to remove the permit. Commissioner Bird wished it confirmed that Mr. Kabanek is aware of the laws re what he can do or not do with a weapon, and Mr. Kabanek stated that he is thoroughly aware of them. Commissioner Bowman pointed out to Mr. Kabanek that we have an Animal Control Ordinance. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, to approve the issuance of a renewal pistol permit to Julius Kabanek. 33 MAS 112 1986 BOOK 63 E 8�� -MAR 12 '1986 Boa 63 pm'E 857 Commissioner Lyons believed he'is forced to vote yes, but he felt the law is ridiculous. Commissioner Wodtke stated that he will not vote yes as he believed the statements in the letters are pretty strong that they have been threatened with bodily harm, and he really did not see the need for the permit. Commissioner Lyons stated, in that case, he would not vote for the Motion either. Discussion continued re demonstrating need. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3-2 with Commis- sioners Wodtke and Lyons voting in opposition. LAND CLEARING VIOLATION - HERMAN LEWIS Chief of Environmental Planning Art Challacombe reviewed the following memo: TO: The Honorable Members DATE: February 25, 1986FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: LAND CLEARING VIOLATION HELWIS . SUBJECT: CV 86-02-300 Robert M. Kba-cilig, P Planning & Develop nt Director OL-- Mom. Art Challacombe RR �RENCES: H. Lewis, Chief, Environmental PlaR DIS:ARTCHA It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on March 12, 1986. DESCRIPTION AND CONDITIONS: On February 3, 1986 County personnel observed that parcel numbers: 1) 16-33-40-00000-0010-00003.1 2) 17-33-40-00000-0010-00005.0 3) 17-33-40-00000-0010-00007.0 4) 17-33-40-00000-0010-00002.0 34 had been cleared prior to the issuance of a landclearing permit. To staff's knowledge, no protected trees have been removed. The properties are currently owned by Mr. Herman Lewis and were cleared by Sunnyland Clearing. ALTERNATIVES AND ANALYSIS: Section 231-6(a) & (b), Tree Protection, of the Code of Laws and Ordinances of Indian River County, Florida prohibits the performance of any tree removal, landclearing or grubbing unless tree removal and landclearing permits have first been issued by the County. The ordinance further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500) per tree and land clearing activity or by imprisonment in the County jail for up to sixty (60) days, or both. On February 18, 1986, staff requested that Mr. Lewis submit a voluntary payment of $500.00 and obtain an "after -the -fact" permit. Mr. Dick Martin, representing Mr. Lewis, indicated that he felt the amount was excessive and that Mr. Lewis would not volun- tarily comply with staff's request. - STAFF RECOMMENDATION: Based upon previous cases of this nature, staff recommends that the Board of County Commissioners settle this matter through the payment of one hundred fifty dollars ($150.00). In the event that this is unacceptable to the respondent, staff recommends that the Board of County Commissioners grant staff the authority to pursue available remedies in County court. Commissioner Lyons asked how long the owner of the land clearing operation has known that he needed to get a permit. Dick Martin informed the Board that he owns Sunnyland Clearing, and he is aware there are protected trees but he did not know you needed a permit to take pepper trees out. In the City they encourage it. Commissioner Lyons noted that we just want to know what is being done, and we need to know what is being cleared. Planner Challacombe explained that to take out pepper trees and Australian pines does not require a permit per se; however, when heavy machinery is brought on a large site, and in this case the acreage was between 8 or 9 acres, getting a permit gives staff an opportunity to investigate to make sure that is all that is being removed. After the fact, this is very difficult to determine. 35 L- BAR 12 1986 BOOK 63 F�A,cE 8-68 MAR, 12 1986 BOOK 63 FACE 869 7 Considerable discussion ensued as to when you need or don't need a permit, and Commissioner Bird could not believe our ordinance says if you do this clearing by hand, it is okay, but if you bring in heavy equipment it is not. The Board wished to have our law on this, and Planner Challacombe quoted from the ordinance which states that grubbing and land clearing is the removal or destruction of any living rooted shrubbery. When heavy equipment goes in there, they take out root systems, the understory, everything. If you are taking out an individual tree with a chain saw, you would go to the stump, but you wouldn't be taking out the root system. Once you get into the root system, that is when you have land clearing. Chairman Scurlock noted the tree is down in any event, but Planner Challacombe explained that you are not disturbing the understory, the soil, or altering the stormwater management or vegetation profile of the land. Attorney Vitunac further noted that while land clearing says it is removal of any vegetation from the land, it does not cover the removal of trees. Chairman Scurlock asked if it is not logical that we could have a preconstruction,meeting with all the people involved in this activity and explain just what is involved and what isn't because it seems some of this is quite "iffy," and confusing. He felt we should either have a workshop or clear up the language. Commissioner -Bowman agreed that a lot of this is done through ignorance, and noted she previously had suggested a workshop re the treatment of mangroves. Commissioner Bird continued to discuss clearing by hand or by heavy equipment, and did not feel that is spelled out in our ordinance. Director Keating believed Planner Challacombe was using that as an illustration. He felt it would be almost impossible to do what is defined as grubbing without heavy equipment. 36 Planner Challacombe noted there are many people who want to take a pepper tree or other trash tree down to a stump and they do not need a permit, and Commissioner Bird noted that if they want to bring in the heavy equipment, then they have to get a permit, and this was confirmed. Mr. Martin stated that he did agree a tree removal permit is needed for protection of valuable trees, but he felt there should not be a double standard. In the City they fine you if you don't take pepper trees out, and the County fines you if you do. Discussion ensued regarding this particular violation, and Commissioner Wodtke asked about the cost of the permit, which is $45. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird to accept the voluntary contribution of $100 to remedy the land clearing violation of Herman Lewis, this amount also to suffice for the after - the -fact permit. Commissioner Lyons agreed there is a need to get this clarified, and the Chairman believed when we rewrite an ordinance, we should try to determine just what the actual result of its implementation will be before we proceed with it. Director Keating agreed and stated that staff will schedule a workshop to inform everyone. The Chairman felt that this education probably needs to be done annually as new people keep coming in. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. SOUTH COUNTY FIRE DISTRICT Commissioner Lyons advised that he had planned to put on the agenda for next week a meeting of the South County Fire District 37 MAR 12 1986 Boa 63 rr, L 870 L_ r � � `�9�6 � � Q�ry � MA BOOK 63 PAu,c. 8 d 1 to talk about organization as there seems to be some question in some people's mind as to exactly how the Fire Department reports to the Fire Board. It seems, however, the Administrator Wright will be out of town next week. Commissioner Lyons noted that he does have a copy of the proposed organization chart and wondered if there would be any objection to calling a meeting of the Fire District Board after the Commission has finished today's agenda and ask Chief John Allen to be present. There were no objections to having the meeting today. Ques- tion arose re notice, and Attorney Vitunac stated there is no requirement for published notice if there is a good reason to have a meeting called and especially if there is some notice to the people who are going to be involved. PRESENTATION - NEIGHBORS HELPING NEIGHBORS Alison DeGenero came before the Board to make a presentation as described in the following letter: March 5, 1986 _ Dear C.cmmissioners, I would appreciate the opportunity to appear before you on behalf of hundreds of Volunteers representing Neighbors Helping Neighbors. This Program has touched hundred of family problems over the past nine years. At the time of our meeting I would like to present our methods used to help the needy. These methods will be revealed, substantiated and considered to be a supplement to your already existing Welfare Department programs, which needless to say is doing a good job. Sinn , A. DeGenero Founder of the Neighbors Helping Neighbors Program 38 Mr. DeGenero presented Mrs. Byers to make a statement to the Board. Mrs. Byers reviewed how she and her husband retired to Sebastian, met Mr. DeGenero, and learned about Neighbors Helping Neighbors. She talked of different instances of help they have provided and emphasized that in every case those they helped picked themselves up and carried on in their own way and were not a burden to anyone. She felt the County has benefited because of Neighbors He -lying Neighbors. Mrs. Anna Patterson next came before the Board and read the following: 3/22/86 To Whom it may Concerns My name is Anna Patterson I� have been a resident of I'hdian River County for 10 yrs. 5 of those 10 yrs I worked for Mrs. Peebles as a Nurse's Aide and 4 yrs at Hibiscus Manor. I made good money but like so many people in our day did not know how to manage it. When I asked for help from different agencies they said I was making to much money but they didn't offer to show me how to manage it. Then I learned of the Neighbors helping Neighbor Programs. Theyshowed me how to manage and now I'm independent and not _dependent: As a concerned tax paying Citizens I urge you to embrace the merits of the Neighbors helping Neighbor program and blend'it into your welfare assistance program. Sincerely fz��� c P.b I will be available Anna Patterson —to Wriswer any questions regarding the above statement. telephone 569-3753 39 MAR 12 1986 BOOK mp ac 872 r -MAR 12 1936 Booz 63 Pnc873 Mr. DeGenero then presented the following letter from Robert Vinson, M.D. ROBERT H. VINSON, M.D.. P.A. { 4 Brwnmy Building VERO BEACH, FLORIDA 32960 303.231-6484 March 6, 1986 RE: Neighbors Helping Neighbors To Whom It May Concerns This program is designed to be a helping program, not a doing for, except in so far as they cannot do for themselves. For example, a case of mine was in serious financial trouble and likely to go to jail, problems of his own making. Neighbors Helping Neighbors took charge of cooling the anger of the persons and businesses owed by promisi.no to see that they would eventually get their money. If not then they could pursue the law. The Neighbors Helping Neighbors made the case in charge relinquish his pay checks on pay day and the Neighbors Helping Neighbors paid parts to all persons and businesses owed, and gave case enough to live on. Now three months later the persons and businesses are paid off and soon the case will have a paid for T.V. He still has his job and is not in jail. These kinds of successes are hard to come by and need to be expanded upon if possible. I commend Neighbors Helping Neighbors for a job well done. Sincerely= R.H. Vinson, M.D. min Mr. DeGenero informed the Board that he is very tired; he is now relinquishing his work with Neighbors Helping Neighbors, but trusts that the County will get together a committee of some sort to carry on, and he will offer them his expertise. He stressed his philosophy of helping people help themselves and stated that he was proud of our County Welfare Department, but wanted the County to blend in with it the philosophy of the Neighbors Helping Neighbors Program - "Help Not Give." Commissioner Bird noted we could spend the rest of the day commending Mr. DeGenero for his good works, but he personally felt that the real strength of Neighbors Helping Neighbors is that it has been independent and not a part of a government program. He felt the best way to keep this strength is to keep this a volunteer program and felt sure that among the people 40 � a already helping Mr. DeGenero there must be someone, or possibly a combination of people, who can keep on with what Mr. DeGenero has been doing. Mr. DeGenero believed the county has already indicated their willingness to blend part of his program into the Welfare system; he would like Welfare to tell the people about their programs, and he can give Welfare the guidelines. Commissioner Bird asked if Mr. DeGenero was saying that Neighbors Helping Neighbors is disbanding, and Mr. DeGenero confirmed he was and that he will accept no more phone calls. Commissioner Bowman was happy to hear that Mr. DeGenero had started a program to teach people how to manage their money as she believed this is very important and there is a need for it. She stated that she will contact the Council of Community Services and see if they can't find an agency to take this over. Chairman Scurlock expressed the Board's appreciation of the good work Mr. DeGenero has carried on in our county. INDIAN RIVER BLVD. SOUTH EXTENSION - PROPERTY ACQUISITION Public Works Director Jim Davis made the following presentation: 41 BOOK MAR 12 I 6 63 + F 874 TO: The Honorable Members of the Board of County Comaissioners THROUGH: Michael Wright, County Administrator James W. Davis, P.E. Public Works Director BOOK 63 F,1 JE 875 5 DATE: March 10, 1986 FILE: SUBJECT: Indian River Boulevard -South Extension - Fultz, Beal, Smeltzer, White, Properties 150' Right -of -Way Acquisition FROM: •Donald G. Finney, SRA Right of Way Agent REFERENCES. Armfield-Wagner Appraisal and Research, Inc. and Calloway & Price, Inc recently completed an appraisal for each of the parcels numbered below, Smeltzer, Beal, and Mite are represented by Robert Jackson. Fultz Land Trust is represented by W.E. Roddenberry. The Property owners request the attorney and appraisal fees be paid by the County Below is an overview for each appraisal and the settlement the property owner is willing to accept. Property Size Armfield MAI Property Owners Property Owner's Parcel Owner Parcel (R/W Appraised Value) Attorney & Appraisal Fee Accept. Settlement #109 Smeltzer 47,917 Sq ft. $44,000 #108 Beal 59,302 Sq ft. $52,000 #107 White 40,323 Sq ft. $36,000 $750 $750 $45,500 $750 $750 $53,500 $750 $750 $37,500 #106 Fultz 49,953 Sq ft. $51,400 $1000 $1000 $53,400 Land Trust Per the attached letter from W.E. Roddenberry Mar. 4, 1986: Item 1 Mrs. Fultz is requesting a driveway access at her existing house and carport which faces the Boulevard with a guarantee upon development that the driveway may be widened. Item 2 & 4 will be addressed by the Engineer Department staff. Item 3 Request for an agreement as to a right of first refusal to tie into the proposed sewerline should tie-ins be permitted. In addition, the attached memo from James Wilson Feb. 27, 1986: Attorney Jackson is requesting to combine the Beals' and Smeltzers' driveway at their property line and to combined the Fultz and Whites driveway at their property line. Mr. Jackson letter Feb. 11, 1986: Item 4 Stipulation that the property owner has priority to access sewerline stipulate the and maxim= tie-in fees. ALTERNATIVES AND ANALYSIS Staff has reviewed both appraisals and property owners acceptable settle- ment for each parcel. The alternative is to authorize condemnation using the Armfi.eld appraisal Fair Market Value for the 150' right of way for each parcel. CATION AND FUNDING Staff requests authorization to purchase each parcel at the property owners acceptable settlement, and to provide direction to settle the four driveways requested by the property owners attorneys and sewerline tie-in clarification. Funding will be from Indian River Boulevard Account # 304-214-541-66.12 42 Director Davis noted that these owners are not only requesting fair market value, but they also want access to the Boulevard and that has been granted in the past only to the properties that had no other access or where negotiated R/W has been donated. The properties in question do have access pri- marily to 6th Avenue, and staff does not feel they need access to the Boulevard. It would enhance the value of their property, and we have to pby fair market value anyway. Staff, therefore, recommends we proceed to acquire the R/W; simply indicate that we would not grant access to the Boulevard; and if they do not wish to accept fair market value, we will go to condemnation. I MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman to offer the above de- scribed property owners fair market value, but not offer access to Indian River Boulevard, and if this is unacceptable, we will go to condemnation. Discussion ensued re where we will have access to the Boulevard, and Director Davis advised there will be properties where we have managed access into the design of the roadway - Vista Gardens as they had a critical problem getting out onto U.S.1., and we are providing Mr. Graves with an access to his property -because our right-of-way would negate his access. Commissioner Bird inquired about the pPoperties on the east side of the Boulevard, Tanen, etc., and Director Davis stated that we may have to consolidate some of those accesses, but they will have to have access. Commissioner Bowman did not see why Mr. Graves needs access, and Director Davis explained that we will manage the access and it will be a limited access. Commissioner Bird inquired if it might not be worse from a traffic standpoint to force those people to access onto 6th Avenue, which already has a considerable traffic problem. 43 MAR 11 1986 BOOK 63 F,1c E876 MAR 12 19 8.6 BOOK�3 PAIJ 77 Director Davis explained that the Fultz family has just a single family residence, and it could not be developed into anything too large. On the White parcel there is a fairly expensive home and an electrical business plus a lake and a tennis court, and he doubted Mr. White will do anything more with it any time in the near future. Director Davis further noted that staff will work with the property owners re their driveways, but he did not feel we can address giving them priority to access the sewer line. Chairman Scurlock agreed that we have a standard policy re the sewer line. He believed the Motion indicates we still would have our options open, and he felt the Motion should make it clear that the Attorney and appraisal fees are included along with the fair market value. In further discussion, it was agreed that the attorney and appraisal fee are to be included in the fair market value. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Director Davis reported that staff is working on the parcel to the north with the Postweilers, who are taking the position that they want their zoning in place before they donate the R/W, which is worth about $50,000. We have indicated that we need the R/W now and while we understand their application is being processed for zoning,, we can't wait. We don't want to have to buy that R/W, and Director Davis believed it helped staff last time to have a Commission member sit with them and communicate with these people just for the creditability of the county's intent not to do anything adverse to them. He noted they are also working on three others and feel good about those. Chairman Scurlock offered his assistance. 44 CONTRACT FOR CONSTRUCTION - SANDRIDGE GOLF COURSE Administrator Wright reviewed the following memo, recommending the contract be awarded to Guettler & Sons and commenting that he believed we can get the clearing permits by the first week in April: TO: The Honorable Members of DATE: March 11, 1986 FILE: the Board of County Commissioners SUBJECT: Golf Course Construction Michael Wright FROM: County Administ REFERENCES: Attached are copies of the original proposal from Guettler and Sons for construction of the Sandridge Golf Course and the revised proposal that is being recommended for your considera- tion. The price for the work on the amended proposal is $1,066,599. To this figure the County must add approximately $27,000 for a statutory required performance bond and approximately $180,000 for the purchase of the irrigation materials. Therefore, the grand total for the job is $1,273,599 which is under the original $1.3 million budget. Prominently deleted from the contract are the cart paths which will be added during the grass -in phase. The recommendations are: 1. Contract be awarded to Guettler & Sons in the amount of $1,066,599 plus 2�% performance bond. 2. -The County be authorized to solicit bids for the purchase of the irrigation materials. 3. An architect be selected to design the clubhouse and related facilities. Solicitations for the design of the clubhouse have been received and a recommendation can be made to the Board of County Commissioners within 30 days. 4. The County proceed with the issuance of the bonds and pursue all immediately available alternatives in marketing the bonds. - A revised construction timetable will be submitted for your consideration as soon as the St. Johns River Water Management District advises us of the date of permit issuance. Please advise if there are any questions. 45 MAR 12 1'96 cool` 63 F}�cE878 MAR 12 1986 s®dK 6 F"r 879 Chairman Scurlock believed that Commissioner Bird did an excellent job in negotiating the fee down. He felt the -Commis- sion, from the financing aspect, has indicated a desire, as much as possible, to try to release the Race Track Funds if it is economically feasible, and he will so proceed unless he has different direction. He inquired if there has been any progress in finding an architect for designing the clubhouse. Administrator Wright reported that staff has solicited proposals under the Competitive Negotiations Act; the proposals are in his office; and we are now ready to go to the next step, which is to select the architect and bring him back for approval, after which he will be given the parameters within which we want him to work. Commissioner Wodtke inquired about the cart paths and where the money for those will come from as he felt that is something we can live without if we have to. Administrator Wright stated that they will be paid for out of the contingency allowed in the estimate of the construction costs. He noted that when all our costs are in place, we will know where we stand, but he believed we will have to have some paths on the sand ridge area. Commissioner Bird confirmed that we will build cart paths only in the most critical areas first. He continued that one area where we need authorization to continue to negotiate is on purchase of the irrigation materials. One way to save money was to buy these materials direct, thus saving sales tax and getting an additional discount for cash, and staff needs authorization to continue to negotiate the best price. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to authorize staff to continue to negotiate irrigation and drainage materials; 46 approve the recommendations as outlined in the above memo dated March 11, 1986; accept the amended contract with Guettler S Sons, deleting Paragraph B, if desired, and authorize the signature of the Chair- man upon approval by the County Attorney. The Administrator noted that we can go either way with retainage, but Commissioner Bird felt we agreed to the retainage schedule in lieu of bond. The Administrator noted that actually they like the idea where we hold 15% for phases and then release it as they complete a phase rather than holding 10o throughout the entire contract. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. SAID CONTRACT WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED AND RECEIVED. DATA PROCESSING COMMITTEE AGREEMENT Commissioner Lyons asked if the proposed agreement contains the amendments from the workshop meeting, and this was confirmed. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Wodtke, the Board unanimously approved the Data Processing Committee Agreement and authorized the signature of the Chairman. 47 L_ AR 12 71986. BOOK 63 Pk E880 rp- [BAR 12 1986, BOOK 6.3 P,. -U 831 AGREEMENT THIS AGREEMENT is entered into and effective this 12th day of March , 1986, by and between David C. Nolte, as Indian River County Property Appraiser, herein referred to as "Property Appraiser"; Gene E. Morris, as Indian River County Tax Collector, here referred to as "Tax Collector"; Freda Wright, as . Indian River County Clerk of the Circuit Court, herein referred to as "Clerk"; R.T. "Tim" Dobeck, as Indian River County Sheriff, herein referred to as "Sheriff"; Ann Robinson, as Indian River County Supervisor of Elections, herein referred as "Supervisor"; and the Board of County Commissioners of Indian River County, herein referred to as "Board", and their successors in office. WHEREAS, all of the parties are constitutional officials who provide separate services and duties to the citizens of Indian River County; and WHEREAS, the various officers have purchased and operate computer systems in order to provide for efficient and prompt production of data; and WHEREAS, various officers contemplate the purchase of new computer systems and/or upgrading of existing systems; and WHEREAS, each office has the separate duty and obligation to perform without hindrance or delay by any other office; and WHEREAS, there is information and data generated and maintained by separate offices which could benefit other offices if available in a -coordinated computer system; and WHEREAS, all the parties agree it is in the best interest to the operation of their respective offices and Board, for a committee to be formed which will control the adoption and utilization of a centrally operated system, which system could .decrease the cost of the computer services to all offices; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other valuable consideration, it is agreed as follows: 48 1. All of the parties agree to and do hereby create and establish the "Iridian River County Data Processing Committee" effective the date of this Agreement. 2. The Committee shall be composed of the following members: A. one (1) member of the Board of County Commissioners appointed by its chairman with the approval of the Board; B. The Property Appraiser; C. The Tax Collector; D. Clerk of the Circuit Court; E. Sheriff; F. Supervisor of Elections. 3. The Committee shall be responsible for providing all computer services to the above offices and shall perform the following duties: A. Review and establish general policy and procedures for operation of computer services; B. Establish procedures for the processing of requests for data processing services by County agencies; C. Establish implementation schedules and priorities for County data processing systems and to approve County data processing operational schedules; D. Prepare County data processing budget and formulate long range County data processing plans; and E. Hire personnel and operate computer services for all the parties. 4. The Committee shall meet regularly and at special times as determined by the Committee. 5. The Committee shall elect annually a chairman and vice chairman by majority vote of the Committee. 6. Four (4) members of the Committee shall constitute a quorum, and a vote of four (4) shall be required for approval or disapproval of Committee action. 49 MAR 12 11986 BooK 63 r --MAR 12 1986 BOOK 63 Fr°!.uC. 883 7. The decisions and expenditures voted upon by the Committee shall.be adopted by all officers, and the funds shall be expended by the Board to supply the necessary equipment allocation to each officer. 8. This Agreement shall continue from year to year until terminated by the parties. 9. It is understood that nothing herein shall require any party to violate any of the legal obligations of their office, such as privacy, confidentiality, or maintenance of backup materials. 10. In the event of a dispute between the parties, all parties agree to select an independent arbitrator to settle the dispute by binding arbitration. IN WITNESS WHEREOF, the parties hereto have set our hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of: A&Ito PropertycAppraiser ti As ,o Tax ollector 10 IL JOI A IL% / i r ' •/ J --- 50 David C. N lte, Property Appraiser of Indian River County Gene E. Morris, Tax Collector of Indian River County Freda Wright, J• Clerk of the Circuit Court of Indian River County ti y r R.T. 'Tim" Dobeck Sheriff of Indian River County As to Supervisor r As to ChairfEin -of tN s•. • az�'� klel'L� �' Ann Robinson Supervisor of Elections BOARD OF COUNTY COMMISSIONERS By: G f Don C. cur.lock, Jr. firman Approved as to form and legal sufficiency By �L�--� Charles P. Vitunac County Attorney APPOINTMENTS TO TRI -COUNTY COUNCIL OF LOCAL GOVERNMENTS _ Com. Bowman discussed recommended appointments to the sub -committees and reported that Commissioner Lyons agreed to serve as vice chairman of the transportation sub -Committee; County Attorney Vitunac agreed to serve on the legislative sub- committee; Utilities Director Pinto on Resource & Recovery; and OMB Director Joe Baird on insurance. She was not sure whether we are supposed to make an appointment for the erosion committee as John Acor already is chairing that committee; so, she will leave that open for now. Administrator Wright agreed that OMB Director Baird is very competent, but felt his insurance experience is limited; he would prefer someone be appointed who has experience in dealing with insurance, and he asked if Com. Bowman would let him work on this. Commissioner Bowman agreed to leave that open. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously appointed Commissioner Lyons, County Attorney Vitunac, and Utilities Director Pinto to the Tri -County Committee in the areas described above. 51 MAR 12 1986 Bou 63 rmjE884 F" - MAR 12 1986 BOOK 63 FArUE 8.85 7 REPORT - TRANSPORTATION PLANNING COMMITTEE MEETING Commissioner Lyons reported that the Transportation Planning Committee had a meeting yesterday and discussed the capital improvements program for the county and the financing. We have a significant shortfall in the 20 -year period. One way to help with the shortfall is to increase the gas tax, and it was the unanimous vote of the Committee to recommend the gas tax be increased to the maximum 6�. Even with that we still will be some 30 million short on our transportation plan, even including impact fees and everything. This will be brought back to the Board for formal discussion and adoption later. Commissioner Lyons reported that they next discussed signals for schools - warning lights, etc. There is some problem at the new school at Sebastian; there are some schools budgeted this year we also would like to expedite; and there are some schools scheduled for next year. It was felt we should move as quickly as possible as these are real hazard situations, and it would be very hard to take the position of delaying this. They are also recommending signals for 27th Avenue and 4th Street; however, to do a decent job on that corner, more R/W is needed and there is also the question of the drainage canal, plus having two houses in the way at that intersection. The first step recommended is to do whatever we can do with the minimum disruption to get signals there, and the committee will come back later with the plan for that corner for the long run. It will be an expensive corner and also brings to a head the fact that we are tied in by these drainage ditches, which creates a real problem. NAMES FOR "TOWN MEETING" Commissioner Lyons informed the Board that he needs as quickly as possible names of people to serve on the "Town Meeting," which will be a 3 -day meeting to sit down with the Regional Planning Council and come up with the sort of things we think should be in the regional plan. 52 s � REPORT ON SR60 WASTEWATER PLANT Chairman Scurlock informed that Board that we had a minor setback on our wastewater system out SR60. There will be about a three week delay because one of the common walls on the plant did not have the proper amount of steel, and that wall has to be replaced. Utilities Director Pinto confirmed this, and reported that he has gone ahead and authorized the contractor to remove the wall. These are precast concrete units and some cracks were noticed. They agreed we have a problem and they are going to replace the wall at their expense. There being no further business, the Board on Motion duly -- made, made, seconded and carried, adjourned at 11:10 o'clock A.M. ATTEST: Clerk Chairman 53 MAR 12 1986 Boas 63 FAGS 886