HomeMy WebLinkAbout8/6/198610 1
Wednesday, August 6, 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,
August 6, 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 L. S. "Tommy" Thomas, Acting County Administrator;
Bruce Barkett, Assistant County Attorney; and Virginia
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Russ Burns, Westminster Presbyterian Church gave
the invocation, and Acting Administrator Thomas led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Bird requested that an item be added in regard
to the bid for the golf course maintenance building right after
the Consent Agenda.
Acting Administrator Thomas requested that a change order
for Sandridge Golf Club involving the arrangement for handling of
effluent be added and discussed at the same time as Commissioner
Bird's addition.
Chairman Scurlock wished to add an emergency bid for a
vehicle for the South County Fire District under the Fire
District's items.
Commissioner Lyons later in the meeting requested the addi-
tion of an item re central dispatch out of the Sheriff's
Department.
A
UG 6 1986 BOOK 65 FA U� 272
AUG 6 1966 BOOK 65 ma', 273
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously added the
items described above to today's agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or addi-
tions to the Minutes of the Regular Meeting of July 2, 1986, or
to the Minutes of the Special Meeting of July 15, 1986. There
were none.
ON MOTION by Commissioner Wodtke, SECONDED by Com-
missioner Bird, the Board unanimously approved the
Minutes of the Regular Meeting of July 2, 1986, and
the Minutes of the Special Meeting of July 15, 1986,
as written.
CONSENT AGENDA
Commissioner Bird asked that Items I, J and M, be removed
from the Consent Agenda for discussion.
A. DER/Army Corps/DNR Permit Applications (Falk - Taronto)
The Board reviewed memo of Staff Planner DeBlois:
2
1
TO: The Honorable Members DATE: July 28, 1986 FILE:
of the:Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND
D.N.R. PERMIT APPLICA-
SUBJECT: TIONS
Ro ert Keatir0, A,117P
Planning & Developmerft Director
THROUGH: Art Challacombe
Chief, Environmental Planning Section
FROM: Roland M. DeBlois REFERENCES: Falk DER `
Staff Planner R111p DIS:ROLAND/TM#86-577
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on August 6, 1986.
DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO.S
31-122747-4 AND 31-122749-4
APPLICATION DESCRIPTIONS:
1) Application No. 31-122749-4
Applicant: Robert Falk
c/o Norlight
2922 Cardinal Drive
Vero Beach, FL 32963
Waterway & Location: The project is located in the Indian
River adjacent to Lot 42, Moorings Subdivision, Unit 5
("The Anchor"), Section 21, Township 33 South, Range 40
East, Indian River County, Florida. The upland property
associated with the project is 142 Anchor Drive, consist-
ing of Lots 41 and 42, located in the unincorporated
portion of the County.
Work & Purpose: The applicant proposes to construct a
single family 3 -slip private dock, described as being a 6'
x 12' , 4' x 31' , 6' x 33' T -dock with 3' x 36' and 4' x
33''marginal docks (total area: 654 square feet), The
proposed dock is to extend 22 feet waterward, to where
water depth equals minus seven (-7) feet. No dredging or
filling is to occur.
2) Application No. 31-122747-4
Applicant: Dominick Taronto
207-22 Northern Blvd.
Bayside, Queens, NY 11361
Waterway & Location: The project is located in the Indian
River in Bethel Creek, adjacent to Lot 11, Block 10, Unit
3, Bethel By The Sea Subdivision, Section 29, Township 32
South, Range 40 East, Indian River County, Florida. The
upland property associated with the project is 665 Live
Oak Road, located in the City of Vero Beach.
Work & Purpose: The applicant proposes to construct an
L-shaped single boat private residential dock, having a 4'
x 30 main access dock with a 6' x 33' terminal platform
(total area: 318 square feet). The proposed dock is to
extend 26 feet waterward, to where water depth equals
minus six (-6) feet. No dredging or filling is to occur.
3 BOOK 65 uu.274
A U G 6 IS66
Boos 65 FACE 275 1
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 Zone Management Element of the
Indian River Comprehensive Plan
- Coastal Zone Management, Interim Goals, Objectives & Poli-
cies for the Treasure Coast Region
- The Hutchinson Island Resource Planning & Management Plan
- The Code of Laws & Ordinances of Indian River County
- Chapter 16Q-20, Florida Administrative Code
Chapter 16Q-20 of the Florida Administrative Code sets forth
specific construction standards for private residential singi.=
docks to be located in the Indian River Aquatic Preserve, among
which are the following criteria:
Any main access dock shall be limited to a maximum width
of four (4) feet (16Q-20.04 (5) (b) (1) , F.A.C.)
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), F.A.C.)
Terminal platform size shall be no more than 160 square
feet (16Q-20.04 (5) (b) (6) , F.A.C.)
Both of the proposed docks exceed the maximum depth and termi-
nal platform size standards of Chapter 16Q-20, Florida Admini-
strative Code. The dock proposed by Applicant Falk also
exceeds the maximum width requirement for the main access dock.
In addition, Section 16Q-20.03(23), Florida Administrative
Code, defines a private residential single dock as having a
maximum of two (2) boat slips, in contrast to Applicant Falk's
proposal to construct a three (3) slip dock.
The Indian River County Code of Laws and Ordinances specifies
that residential dock structures are accessory uses to a
principal residential use. In order to construct the proposed
dock at 142 Anchor Drive, Applicant Falk must first establish a
principal structure on* the adjacent lot(s). The dock proposed
at 665 Live Oak Road is in the City of Vero Beach and therefore
not subject to Indian River County Code requirements.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners autho-
rize staff to transmit a letter to the D.E.R. with the follow-
ing comments:
1) No dock construction shall be permitted by Indian River
County until the requirements of all local ordinances
related to dock facilities and mangrove protection have
been addressed.
2) Review of the proposed dockage facilities indicates that
the projects do not satisfy criteria set forth in Chapter
16Q-20, Florida Administrative Code, relating to the
Indian River Aquatic'Preserve.
T
i
3) The Department of Environmental Regulation and other
appropriate agencies should consider the potential cumula-
tive impacts of the dockage project upon the Florida
Manatee.
4) The Department of Environmental Regulation and other
appropriate agencies should evaluate the potential impact
of the project on ecologically significant submerged
bottomlands such as seagrass beds in the Indian River.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner.Bowman, the Board unanimously authorized
staff to transmit comments to the D.E.R. as set
out in the above memo.
B. Deed of Easement to Southern Bell Tel, & Tel. Co.
The Board reviewed memo from County Attorney Vitunac:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: July 9, 1986
RE: CONSENT AGENDA - BCC MEETING 8/6/86
On May 27, 1986, the Board of County Commissioners approved
giving an Option to Southern Bell for Southern Bell to
obtain an Easement on certain County property. (See Exhibit
A-1 attached hereto.)
Pursuant to the Option, Southern Bell has given the County
its Notice of Intention to Exercise the Option which
requires that the County execute the Deed of Easement
attached as Exhibit 2.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
Deed of Easement to Southern Bell Telephone and
Telegraph Co. and authorized the signature of the
Chairman.
5
,AUG 6 1986 BOCK 6 5 FnH 216
rAUG 6 1986
DEED OF EASEMENT
BOCK 65 rAHL 277
7
The undersigned owner(s) of the premises herein described ("Grantor"),
for and in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the adequacy and receipt of which are acknowledged,,
hereby grant, sell and convey to Southern Bell Telephone and Telegraph
Company, a Georgia corporation, authorized to do business in Florida, whose
post office address is 20A53 Southern Bell Center, Atlanta, Georgia 30375,
its successors, assigns and affiliated and associated companies
("Grantee"), an exclusive easement for the construction, operation and
maintenance of:
1. Telecommunications electrical equipment structures
commonly described as. 80 TYPE CABINET or
substantially -similar equipment structures;
3. Buried cables and wires, cable terminals, markers, splicing
boxes and pedestals;
4. Conduit, manholes, underground cables and wires;
5. Driveways or other vehicular access; and
6. Other amplifiers, boxes, appurtenances or devices;
as well as appurtenant facilities reasonably required for the support, use,
operation and maintenance of such equipment structures to be installed from
time to time with the right to reconstruct, improve, add to, enlarge and
remove the same on, in or over the premises described in the attached
Exhibit "A" ("Premises"):
Grantee may allow any other person to construct wires or lay cable or
conduit within the Premises for water, communications or electric power
transmission or distribution. Grantee shall have the right of ingress,
egress and regress to and upon said Premises at all times for the purposes
of installing, constructing, operating, inspecting, maintaining and
repairing its facilities. The Grantee shall have the right to clear and
keep the Premises clear of all trees, undergrowth or other obstructions and
to trim, 'cut and keep trimmed and cut all dead; weak, leaning or dangerous
trees or limbs outside the Premises which might interfere with the lines or
systems of communication or electric power serving the Grantee.
The grant of this Easement shall in no way restrict the right and
interest of the Grantor in the use, maintenance and quiet enjoyment of the
Premises to the extent that such ,use does not interfere with the rights
granted herein. Any ad valorem taxes accruing from Grantee's improvements
shall be chargeable to and.paid by Grantee when due if separately assessed
by the taxing authority as the personal or real property of Grantee. The
Grantee shall be liable for personal injuries and damage to real or
personal property that may result from its use of the Premises, and shall
indemnify the Grantor in the event Grantor is required to pay any claim
arising from said use by Grantee.
This' Easement shall run with the land in perpetuity and shall be
binding on and shall inure to the benefits of the parties hereto, their
successors or assigns.
Grantor covenants that it is the fee simple owner of the Premises, has
full right, title and capacity to grant this Easement, that the property is
free and clear of.any encumbrances or liens of whatsoever character, except
that certain mortgage, identified and made subordinate to this Easement by
Exhibit "B" attached. hereto, and- that it will defend the same against the
claims of all parties.
6
IN WITNESS WHEREOF, the undersigned Grantor has executed this Deed of
Easement, this (e day of _ , 19&.
Signed, Sealed and Delivered
the presence of: GRANTOR:
'4e r,
Don C. Scurlock Jr. (SEAL)
WIT
17
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/ND/.4N /1/VER rMMS CO. SUB .
TITLE:. Chairman (/ (SEAL)
Board of County Commissionersl
Indian River County, FLORIDA
MMIBIT `"An
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14 SECT/OR'' i_ /NE
SKLMIi 01- SURVEY
A utility easement contained in lot 01 0060'00002.0, Indian River farms
CO SUET PBS 2 25 W 10 A of I: 20.54 of TR 6, and further described a.,; foll(.)ws:
BL,giru-iin *-i.n the sotith c,ri�t corner of the property descrilx�d tltx:)vc proceed clue
Wast a distance of 10 feet, Lhence due South n di.stmice of 10 fccr to the Point
of Be�,Jiininp,. Mid property .being la.•.ited in Indian River County, Florida :ind
loiic,itcd in Section 21, Township 33S and RIrWC
Nl_7I'1� S
1. lk•sc•ript ion tts pn iv i de(J by Southern Bc 11.
f r : •
MORGAN & EKLUND
V940 U^CM ►L 22960 60CA RATON I6 22222
PROFESSIONAL SURVEY CONSULTANTS mos69:2t• 3os26sso9s
§OiNVOARY 6 MORTGAGE • ROUTE •COW I WJCTM • TO/OGRAftM 9 CONTROL • NYOROGRAPH C WJWKYs
7
AUG6 1986 BOOK 65 ut'; 2.78
/" = 20'
AUG 8 1936
Bou 65 I ra. E 2i i
C. Final Plat Approval - The Plaza at Vero (Luria's)
The Board reviewed memo of Staff Planner Boling:
TO: The Honorable Members of DATE: July 28, 1986 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
FINAL PLAT APPROVAL FOR
Roielr
t M. Keat%tng, CP SUBJECT: THE PLAZA AT VERO
Planning & DeVelop6ent Director
THROUGH: Michael K. Miller AAKµ
Chief, Current Development '-t
FROM: Stan Boling /J•/S• REFERENCES: plaza at Vero
Staff Planner STAN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of August 6, 1986.
DESCRIPTION AND CONDITIONS:
The Plaza at Vero is a plat of the existing Luria's Plaza Shopping
Center parcel located on U.S. Highway #1, immediately south of
Indian River Plaza. This single parcel, approximately 16 acres in
size, is being platted to satisfy a condition of a site plan
approved for a remaining building in Luria's Plaza. The plat is
also being used to dedicate limited access easements, ingress/
egress easements, and utility easements.
The subject property is zoned CG (General Commercial) and IG
(General Industrial), and has a MXD (Mixed Used District) land use
classification.
ALTERNATIVES AND ANALYSIS
The existing shopping plaza has access onto U.S. Highway #1 and
10th Avenue. Along the U.S. Highway #1 frontage, the plat
provides for limited access easements that will give the County
control over access to the highway. A traffic light, at the U.S.
1/Indian River Plaza entrance intersection, is to be completed in
conjunction with the approval of this plat. Also provided are
public access easements and an agreement between Luria's Plaza and
Indian River Plaza that is to allow for open access between the
two centers. The plat also designates utility easements that are
needed for proper access and maintenance.
All of the appropriate County departments have reviewed the plat,
and have indicated that it is acceptable for final plat approval.
RECOMMENDATION
Staff recommends that the Board of County Commissioners grant
final plat approval for the Plaza at Vero.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously granted
final plat approval for The Plaza at Vero.
8
r14
D__Landscaping 6 Irrigation -_I_R.Blvd. South Extension_ Median
The Board reviewed memo of the Public Works Director:
The Honorable Members of the July 23, 1986
TO: Board of County Commissioners DATE: FILE:
THROUGH:
Tcan(y Thomas,
Acting County Administrator
SUBJECT: Landscaping and Irrigation of
Indian River Boulevard South
Extension Grass Median Strip
FROM:James W. Davis, P.E. C
REFERENCES• Bill DeBraal, Urban
Public Works Director orester, to Jim Davis dated
July 15, 1986
DESCRIPTION AND CONDITIONS
The Urban Forester has suggested that the Indian River Boulevard South
Extension project include irrigation and landscaping in the proposed grass -
median. Landscaping does exist north of the existing south terminus and
along 17th Street. The initial cost involves providing PVC sleaves beneath
the road to serve the median irrigation. -
RECCR41MATION AND FUNDING
Staff recommends that PVC sleaves be installed beneath the southbound
lanes of the Boulevard at a cost of approximately $300 and that the Urban
Forester be authorized to design the landscaping. Funding to be from Fund
304.
6
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously authorized
the installation of PVC sleeves beneath the south-
bound lanes of Indian River Boulevard south extension
at a cost of approximately $300 and authorized the
Urban Forester to design the landscaping; funding to
be from Fund 304.
E. Final Payment, Engineering Services - South Extension I.R.Blvd
&T� t Fi_S't . improvements
The Board reviewed memo of the Public Works Director:
9 BOOK 65 u'c 280
AUG 6 1981
Fr,-- I
AUG 6 1986 soox 65 Pn 281
TO: The Honorable Members of the DATE: July 23, 1986 FILE:
Board of County Commissioners
THROUGH:
Tommy Thomas,
Acting County Administrator
SUBJECT: FINAL PAYMENT - Engineering
Services for Southerly
Extension of Indian River
Boulevard and 12th Street
Improvements
FROWfes W. Davis,r4 REFERENCES: Don Hicks, Kimtey-Horn
Public Works Di recto soc. to Indian River Co.
dated July 11, 1986
DESCRIPTION AND CONDITIONS
The Engineering Design of the subject project is complete and the
Consultant, Kimley-Horn & Associates, is requesting final payment in
accordance with their contract dated April, 1984. The following additional
work was authorized as follows:
1) U.S. Coast Guard Bridge Permit - Environmental Assessment - Authorized
$4,500 by Board of County Commissioners on May, 1985 - Final invoice
cost is $5,053.78.
2) Roadway Improvments to serve Vista Gardens/Vista Properties - Work
authorized by Board of County Commissioners in December, 1985 -
Engineering Cost $3,000.
The following additional engineering was necessary
Vero Mall Entrance Modifications so that right-of-way would be donated
$1,000
The final engineering cost is summarized as follows:
Original Contract amount $204,000.00
Additional Bridge Permit work 51053.78
Vero Mall modifications 1,000.00
Vista Properties roadway 3,000.00
$213,053.78
RECOMMENDATION AND FUNDING
Staff recommends the above compensation be approved and final billing
in the amount of $31,072.29 be approved. Funding to be:from Fund 304 - Gas
Tax Revenue.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the compensation listed above and the final billing
in the amount of $31,072.29; funding to be from
Fund 304 - Gas Tax Revenue.
10
.
of
F. Engineering Services - Bridge over Main Relief Canal Serving
Qe r o-9 e a cfi-Co U n t y-CTu6-Area
The Board reviewed memo of the Public Works Director:
TO: The Honorable Members of the DATE: July 23, 1986 FILE:
Board of County Commissioners
THROUGH:
Tommy Thomas,
Acting County Administrator
SUBJECT: Request for Engineering
Services - Bridge over Main
Relief Canal Serving Vero
Beach Country Club Area
FROM:James w. Davis, P. E. REFERENCES: Donald H. Hicks, Kimley-
Public Works Directo Horn and Assoc., to Jim Davis
dated July 2, 1986
DESCRIPTION AND CONDITION
The Engineering Department has prepared engineering drawings for the
subject project following a similar design that was used by Kimley-Horn and
Associates for the South Indian River Boulevard Bridge. Precast"
prestressed bridge components are being used:. Whereas the Engineering
Department is confident that the plans are complete, the staff recommends
that a structural bridge engineer review the drawings for structural
adequacy, proper detail, and su<miary of quantities. Kimley-Horn and
Associates was asked to submit a proposal for this work, a copy of which is
attached.
ALTERNATIVES AMID ANALYSIS
Kimley-Horn's proposal to perform this work for $3,200 is reasonable and
acceptable to the staff.
RECOMMENDATIONS AND FUNDING
It is reccm ended that the proposal frcn Kimley-Horn and Assoc. be approved
and that funding in the amount of $3,200 be allocated from the FY85-86
Public Works Division and Engineering Department budgets. Line transfers
from capital to operating expenses may be required.
11
AUG 6 1986 BoaK 5 uU' X82
Fr,_
AUG
BOOK 65 r,,�GE 283
3lTdASSOCaates, IS= 4431 Embarcadero Drive, West Palm
West Palm Beach, Tampa, Orland94
• Raleigh, Durham, Charlotte, t)69�'
0
July 2, 1986 to;
Mr. Jim Davis, P.E.
Public Works Director
Indian River County
1840 25th Street
Vero Beach, FL 32960
Re: Review of Bridge Plans for Main Relief
Canal on County Club Drive
Dear Jim:
We, Dallas.%Atin. P6
J
1,986
(305) 845-0665
�m city,
C„1
In accordance with in Michelle Terry's letter and a review of the
prints that were enclosed, and our telephone discussion of July 2, 1986,
we are pleased to submit our proposal to review the subject bridge plans.
Specifically, we will provide the following Scope of Services.
1. We will make a structural check of the prestressed slab units.
2. We will review the -.remaining bridge components to determine they are
in conformance with good design practice and are sufficiently
detailed for proper construction assembly.
3. As requested in Ms. Terry's letter, we will furnish a new bar
listing for the subject bridge.
4 As you requested, we will provide a summary of estimated bridge
quantities (which can be used as a bid tabulation).
5. We will make comments on the set of prints we received, with final
plans preparation to be conducted by your staff.
We will provide the above services for a lump sum fee of $3,200.00,
and will submit our billing upon completion of the work.
We will complete our work on or before July 25, 1986, and will begin
work upon receipt of this letter being executed.
If you concur in the foregoing and wish to direct us to proceed with
the aforementioned work, please execute the enclosed copy of this letter i
agreement in the space proved and return the same to the undersigned. i
Fees and times stated in this agreement are valid for sixty (60) days
after the date of agreement by the engineer.
i
We appreciate the opportunity to submit our proposal for this i
important assignment, and look forward to its approval and an early '
execution of this agreement so we can proceed with the work.
DHH: acd
Very truly yours,
KIMLEY—HORN AND ASSOCIATES, INC.
Donald H. Hicks, P.E.
Senior Associate
_ 12
r
L-7
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the proposal of Kimley-Horn; the funding of the
$3,200 to be allocated from the FY85-86 Public Works
and Engineering Division budgets.
G. Changes to GDU's Sewer Tariffs
The Board reviewed memo from Assistant Utilities Director
Barton:
TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 29, 1986
THRU: TERRANCE G. PINTO
FROM: JEFFREY K. BARTON�
SUBJECT: CHANGES TO GDU'S - SEWER TARIFFS
Background and Conditions
General Development Utilities has submitted two sheet changes to their
Sewer Tariff. The changes are as follows: '
1) Revised Sheet 3.0 - Territory served update to reflect
Resolution 83-109.
2) Revised Sheet 18.0 - Redesigned application for New
Residential Service.
Recommendation
Indian River County Utilities Staff recommends that the Board of
County Commissioners approve the administrative changes to the GDU's
Sewer Tarrif.
13
BOOK 5 FA;E 284
,Rm 65 Fina 285
General Development Utilities, Inc. Second Revised Sheet 3.0
Vero Shores/Vero Beach Highlands Division Cancels First Revised Sheet 3.0
Sewer Service
TERRITORY SERVED
All that territory known as Vero Shores and Vero Beach Highlands, Indian
River County, Florida. being described more fully in the following:
All of the East } of Section 35, and all of Section 36 of Township 33
South, Range 39 East; and the Southeast I of the Southeast } of Section
30, that portion of the Southwest } of the Southwest I of Section 29
bounded on the East by the Indian River West Shoreline, all of Section
31. and that portion of the West } of Section 32 bounded on the East ?-,
the Indian River West Shoreline in Township 33 South, Range 40 East.
General Development Utilities, Inc. Second Revised Sheet 18.0
Vero Shores/Fero Beach Highlands Division Cancels First Revised Sheet 18.0
Sewer Service
iy APPLICATION FOR NEW RESIDENTIAL SERVICE
General Development
Utildies, Inc.
f Name
Mailing Address _
Service Location _
Property Titleholder
NEW RESIDENTIAL SERVICE
if DIFFEREr•T rmm AaOV11 I • • '• •:
Est. Date (•a�i.ii'` ~I.
}� Type of Service: Water ❑ Sewer ❑ Service Required t :: °a,•`..
1 Division • • "�tSi :h° ::ti
( Rte Seq ..ii.
' PtatfSeciion/Unil
LOt/SlockfTtact
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AGREEMENT . • .`..:::t.�.:.� f !:
} UTILITY will provide service upon payment of Ih
in accordance with UTILITY'S Service Avallabilit arges• S. - • '' +.`` �:., ;j"
Y and Main Extension Policy approved byy
the Florida Public Service Commission or other local regulatory authority, The Policy pro - :1.
vides for a water and/or sewer plant allocation of gallons per day per
residential connection• as defined in Ice Policy. UTILITY will not be obligated to provide caped.'
i ry or service in excess of that allocation and may r
exceeds such allocated capacity. equire consumers to curtail use which, -,i
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Crrisiwr a'e^r■+.. :1,:� ir+ • .• ori • r ,, i'' .:f i
t^•j •:it::�, :.rJ�yS'•I'in F•r•�•ri(
PAYMENT S DATE
RECEIVED I3Y APPROVED BY
DISFnIOW1Or[ while - Fa, r•iio.. Canawrw
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14
weler Plant Capacity Charge
30J ACCOUNT
CG:ti\_CTIOM C* -W -GES
Single Forney 1." meter god x i__
1" meter god x $te_
1'A" malar god a f
Mobile Hama god a 3 S
Water Main Line Extension Charge.
fL (footage fronting an main) x S��, S
Flea Hydrant Chems Per Lot x = _
Water Meier Connection Charge
Its"
Carrying Cost Recovery Charge (CCRC/AFPq
Less Utility Commitments:•
—
Utility ($ Escrow IS
1
O(s
TOTAL WATER CHARGE S
Sewer Plant Caoactiy Char:
Single Family (tis malars) e_ god x S
Mobile Home god x s
S
Sewer Main Line Exiensron Charon:
4. 0001899 homing on roam) ■ S
S
INotir aletudea sewer laUral cost at—��—
Cer�r mng Cost Recovery Charge (CCRC1AFPp
s
Less Utility Commrlment:
—
UbMy Escrow (So)
Other (S )
(S
TOTAL SEWER CHARGE S
TOTAL WATER 6 SEWER CHARGE S
• UTILITY COMMITMENTS
Q Utility Escrow O Water otter
❑ Waler A Sewer POS sower
prograrn
❑ Othar ❑ $ewolterrq program
V C-- raa.•.r
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the administrative changes to GDU's Sewer Tariff
as described above.
H. Bid # 296 - Concrete Strain Poles
The
Board reviewed memo from
Purchasing Manager
Goodrich:
TO: Board of
County Commissioners DATE:
July 30, 1986
FILE:
THRU: L. S. "Tommy" Thomas SUBJECT: IRC BID #296 -Concrete Strain Poles
Acting County Administrator
FROM:C�,,z" > ��� REFERENCES:
Carolyn Goodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received, Tuesday, July 22, 1986, at 11:00 A.M. for
IRC #296 -Concrete Strain Poles for the Traffic Engineering
Department.
4 Bids were sent out, 4 Bids were received.
2. Alternatives and Analysis
The low bid was received from All South Utility Construction Co.,
Ft. Pierce, Fl. in the amount of $1777.00 ea. or $3554.00 to
furnish and install 2 Concrete Strain Poles. The poles bid meet
State of Fl. specifications.
3. Recommendation and Funding
It is recommended that IRC #296 be awarded to the low bidder, All
South Utility Construction Co., in the amount of $3554.00.
Funding as follows:
Escrow from Barnett Bank $825.00
Budgeted 111-245-541-066.44 3175.00
$ 000.00
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously awarded
Bid #296 for furnishing and installing 2 Concrete
Strain Poles to the low bidder, All South Utility
Construction Co. in the amount of $3554.00 per
the following Bid Tabulation:
15
AUG 6, 196
BOOK: U1,E 286
AUG 61986
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO.DATE OF OPENING
�ues.
IRC BID #296 July 22, 198
BID TITLE
CONCRETE STRAIN POLES
BOOK 65 PA,E?87
ITEM DESCRIPTION I UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PF
NO.
1. CQl1Cl��e__$_tra_L
641-14-38 2 Each 2610 00 2015_ 00 2041 00 1777 100
Ea. Ea. Ea. Ea. I
4030 l o0 4082 1001 3554 100
I. AT&T Weather Service Contract
The Board reviewed memos of Assistant County Attorney Wilson
and from the Director of Emergency Management:
TO: The Board of County Commissioners
DATE: July 30, 1986 (amended August 5, 1986)
SUBJECT:Weather Service Contract
FROM: Wilson
9s,sstant County Attorney
The above -referenced contract has been previously considered
by the Board and rejected due to the fact that AT&T had not
signed the agreement. I contacted James Metcalf of AT&T to
ascertain why the contract was not signed prior to delivery
and Mr. Metcalf informed me that AT&T has a policy of not
signing these contracts until all other parties sign.
This matter has been placed on the agenda for your
reconsideration to determine whether the .Board will accept
and sign the contract under the terms stated by AT&T, or
reject this contract in its entirety. Doug Wright, Director
of Emergency Management, will be present at the Board
meeting to explain the purpose and need for this equipment.
The County could suffer no adverse legal consequences by
authorizing the Chairman to sign the above -referenced
contract prior to execution by AT&T's officers. Therefore,
it is my recommendation that the Board of County
Commissioners authorize the Chairman to execute this
contract and return the contract to AT&T for their approval,
provided, of course, that the Board approves the purchase of
the equipment specified.
16
O
�
O
4
c
� ,ate
•+�,
0
ITEM DESCRIPTION I UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PF
NO.
1. CQl1Cl��e__$_tra_L
641-14-38 2 Each 2610 00 2015_ 00 2041 00 1777 100
Ea. Ea. Ea. Ea. I
4030 l o0 4082 1001 3554 100
I. AT&T Weather Service Contract
The Board reviewed memos of Assistant County Attorney Wilson
and from the Director of Emergency Management:
TO: The Board of County Commissioners
DATE: July 30, 1986 (amended August 5, 1986)
SUBJECT:Weather Service Contract
FROM: Wilson
9s,sstant County Attorney
The above -referenced contract has been previously considered
by the Board and rejected due to the fact that AT&T had not
signed the agreement. I contacted James Metcalf of AT&T to
ascertain why the contract was not signed prior to delivery
and Mr. Metcalf informed me that AT&T has a policy of not
signing these contracts until all other parties sign.
This matter has been placed on the agenda for your
reconsideration to determine whether the .Board will accept
and sign the contract under the terms stated by AT&T, or
reject this contract in its entirety. Doug Wright, Director
of Emergency Management, will be present at the Board
meeting to explain the purpose and need for this equipment.
The County could suffer no adverse legal consequences by
authorizing the Chairman to sign the above -referenced
contract prior to execution by AT&T's officers. Therefore,
it is my recommendation that the Board of County
Commissioners authorize the Chairman to execute this
contract and return the contract to AT&T for their approval,
provided, of course, that the Board approves the purchase of
the equipment specified.
16
TO: Board Of County Commiss ionerDATE: July 21, 1986 FILE:
Thrus H.T. "Sonny" De
General Servic s irector
SUBJECT: National Weather Service
Equipment Upgrade and
AT&T Equipment Contract
FROM: Doug Wright REFERENCES: AT&T Equipment
Director, Emergency Management Contract/Agreement
The National Weather Service is upgrading its' wire service from
300 bits per second to 1200 bits per second effective Sept. 1, 1986.
As a result, the RCA equipment currently being utilized will be
replaced.
The equipment being recommended for this upgrade by the National
Weather Service is the AT&T Data Set 202T and 475 Printer with
associated assembly items. Contact with James Metcalf of AT&T
produced the attached Contract for the above referenced equipmc:,
Jim Wilson of our legal staff has reviewed the Contract and has
talked with AT&T in this regard.
The Contract reflects'a cash price of $2,399.00 which includes
_ installation and shipping. The time price is $2,881.08 which
includes installation, shipping, and interest of $428.08. Pay-
ments of $80.03 would be required for the term of 36 months if
this method of payment is selected. Beginning the second year
of the Contract and continuing for the third year, an additional
$19.25 per month would be required for maintenance. After the
third year, the equipment would be owned by the County with the
only cost being the post warranty maintenance payment of $19.25
per month.
Since the equipment upgrade is occurring in the middle of the
hurricane season, placement on the next Commission agenda for
approval and signature would be appreciated so arrangements for
installation can be completed without interruption in this
essential service.
Commissioner Bird inquired just who uses this service, and
it was explained that Emergency Management uses it in conjunction
with hurricane warnings, and the Health Department makes use of
it also.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
COMMISSIONER Bowman, to approve the contract with AT&T
upgrading their National Weather Service equipment and
authorize the signature of the Chairman.
17
AUG 61`986
Lf.
BOOK 65 FAGS 288
BOOK 6O FA,E 2189
Commissioner Wodtke asked where the money for the purchase
of the upgraded equipment comes from, and he was advised that the
money is in the budget.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
bw Exhibit A To Installmentccl
--� AT&T Sale Contract/Equipment
Lease Agreement
Additional Provisions Applicable To State And Local Government Entities .
Gustomer Legal Name ("Customer")
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
State (or District of Columbia) of which Customer is an Agency or
Political Subdivision
FLORIDA
Installment Sale Contract/Equipment Lease Agreement Number
A291598
Credit Approval Number
6671424-001
1. TERMS AND CONDITIONS. This Exhibit A is an integral part of the Installment Sale Contract/Equipment Lease Agreement (th(
"Agreement") described above, and all references herein to the Agreement shall include this Exhibit. All capitalized terms used in tt
Exhibit that are not defined herein shall have the meaning(s) set forth in the Agreement. The undersigned agree to the foregoing an
to all of the additional terms and conditions set forth in Paragraphs A, B, C and D on the reverse hereof, and in witness whereof
execute this Exhibit below
Vero Beach,
2. CERTIFICATION. I, Freda Wright, a resident of Indian River County, in the State of
Florida (Certifierer))
-,DO HEREBY CERTIFY that I am the Clerk of Indian River County
Indian River County (Certifier's Title) (Customer)
apolitical subdivision or agency ofdi�', duly organized and existing under the laws of such
Indian Diver Cm yand that I have custody of the records of Customer, and that, as of the date set forth below,
Don C. Scurlock, Jr is the Chairman of Customer and is duly authorized to
(Name of Authorized Signatory Below) (Title)
execute and deliver the Agreement (including this Exhibit A) and the documents, if any, identified in Section B. of the Agreement,
and any Master Agreement referred to in such documents, in the name and on behalf of Customer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of Customer
6th day of August 1916
Cerulier's V N Signature
n� r
t =�u tk.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AT&T INFORMATION SYSTEMS INC
(Customer)
By: X C _
(Authorized Signature)
DON C. SCURLOCK, JR.
(Type/ Print Name)
CHAIRMAN On.AUGUST 6, 1986
(Title) (Date)
18
By: AT&T CREDIT CORPORATION
By: Y
(AT&T Credit Corporation Authorized Representative)
(TypeiPrint Name)
On:
(Title) (Acceptance Date)
1 � —
AT&T
t
P
f
C
C
C
C
SELLER'LESSOR: AT&T INFORMATION SYSTEMS INC. (-AT&T-)
Branch Address Street and Number
Administrative Contacti Telephone Number
Installment Sale Contract/
Equipment Lease Agreement
COnl,acl NO. a , ' 4b4
Credit Approval Number CUSILTO Number
(0(0'11 y2.4 -(Jul
Credit Approval Date Customer Signature Required by
Conditional Approval Items
EXH�E3�T R���RE�
3G5- L{`i_X) Cv2SS
A CUSTOMER INFORMATION: Form (H Business Entity (Check Only One Box):
1 Corporabon i , Parbrership t t Proprietorship t I Non Protifthanty Dp Stale Local Government i ; 0ihw (Speafyl
Customer Legal Name ("Customer"" Date Business Started IM0.1Vr.) SaISSNse Tax Exempt Number.
=KU AN RWS'?" Caail��c' C,�V ERN N E r�� C)S - R-, 91-19—,—,
Invoiang Address Street and Number City County State
RlvE ' FL_
Location of Equipment Street and Number IU Different From Above) City County State zip
14 140 25iN ��T 1P�tN. REa-N R0%Am P'w-_ FL_ I Pr2c)i.r,
B. EQUIPMENT: (Check Only One Box): '( New Equipment :. Sale In Place,Used Equipment (Any documents identitutd below are attached hereto.)
Ee anent Agreement No. Equipment Agreement Computer Systems Amendment No.
Master Agreement Supplement(s) No.(s) Master Agreement Computer Systems Amendment No.
3.0 Lease
4.0 Lease -Check One Box: (1) O FMV Option or (b) O Other Option (Speedy.
A ,r,u: i i • • a $ or %). Any ITC disclaimed by AT&T.
Proceed to Section E if Box 3 or 4 checked
F. IMPORTANT MATTERS AND NOTICES TO THE CUSTOMER:
1. DO NOT SIGN THIS CONTRACT/AGREEMENT (-AGREEMENT-) BEFORE YOU READ IT OR IF IT HAS BLANK
SPACES.
2. WITH RESPECT TO THE ITEMS OF EQUIPMENT (COLLECTIVELY "EQUIPMENT") DESCRIBED IN THE DOCU-
MENTS IDENTIFIED IN SECTION B. (WHICH EQUIPMENT DESCRIPTION IS INCORPORATED HEREIN BY REF-
ERENCE), CUSTOMER AGREES TO PURCHASE SUCH EQUIPMENT FROM AT&T ANP AT&T AGREES TO
SELL SUCH EQUIPMENT TO CUSTOMER (IF C.I. OR C.2. WAS CHECKED) OR CUSTOMER AGREES TO
LEASE SUCH EQUIPMENT FROM AT&T AND AT&T AGREES TO LEASE SUCH EQUIPMENT TO CUSTOMER (IF
C.3. OR C.4. WAS CHECKED), UPON THE TERMS AND CONDITIONS SET FORTH HEREIN.
C 3. THIS AGREEMENT (INCLUDING THE DESCRIPTION OF EQUIPMENT REFERRED TO IN F.2. AND, TO THE EX -
TET EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ANY DOCUMENTS IDENTIFIED IN SECTION B.
AND ANY MASTER AGREEMENT REFERRED TO IN SUCH DOCUMENTS) CONTAINS THE ENTIRE AGREE-
MENT BETWEEN THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPER-
SEDES ALL PRIOR WRITTEN OR ORAL AGREEMENTS AND REPRESENTATIONS. ANY PORTIONS OF SUCH
IJ DOCUMENTS AND ANY SUCH MASTER AGREEMENT NOT EXPRESSLY INCORPORATED HEREIN BY REFER-
ENCE SHALL BE OF NO FORCE OR EFFECT AND SHALL NOT BE PART OF THIS AGREEMENT, PROVIDED
C. THAT THIS AGREEMENT SHALL NOT LIMIT THE EFFECTIVENESS OF ANY SUCH MASTER AGREEMENT AS
. l TO DOCUMENTS NOT IDENTIFIED IN SECTION B. THAT INCORPORATE SUCH MASTER AGREEMENT BY
I REFERENCE.
4. WITHOUT LIMITING ANY OTHER REMEDIES AVAILABLE AT LAW OR UNDER THIS AGREEMENT, AN AMOUNT
UP TO $75 OF ANY CASH DOWN PAYMENT OR ADVANCE RENTAL(S) PLUS ANY DOCUMENTATION/OFFICIAL
FEE ARE NONREFUNDABLE UPON CANCELLATION OF THIS AGREEMENT.
S. CUSTOMER IS ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. CUSTOMER'S SIG-
NATURE BELOW ACKNOWLEDGES RECEIPT OF A TRUE COPY HEREOF. CUSTOMER REPRESENTS AND
' WARRANTS THAT THE INFORMATION SET FORTH UNDER SECTION A. IS TRUE AND CORRECT.
6. THIS AGREEMENT IS NOT BINDING' ON AT&T UNLESS ACCEPTED IN WRITING BY AT&T IN NEW JERSEY.
7. IF EQUIPMENT IS PURCHASED, UNDER LAW, CUSTOMER HAS THE FOLLOWING RIGHTS, AMONG OTHERS:
EA) TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND OBTAIN A PARTIAL REFUND OF ANY UN-
ARNED FINANCE CHARGE; (B) TO REDEEM EQUIPMENT IF REPOSSESSED FOR A DEFAULT; OR (C) TO.
REQUIRE, UNDER CERTAIN CONDITIONS, A RESALE OF EQUIPMENT IF REPOSSESSED.
S. THE INDIVIDUAL EXECUTING THIS AGREEMENT FOR CUSTOMER REPRESENTS AND WARRANTS THAT
1 . (S)HE IS DULY AUTHORIZED TO EXECUTE AND DELIVER THIS AGREEMENT ON BEHALF OF CUSTOMER IN
THE S)HE SIGNS. CUSTOMER ALSO REPRESENTS AND WARRANTS THAT
EQUIPMENT HALL BE USED SOLETY SET FORTH WHERELY )FOR BUSINESS PURPOSES AND NOT FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES.
9. SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE HEREOF ARE PART OF THIS
lit AGREEMENT.
10. CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN PARTS I AND III OF THE
REVERSE HEREOF (IF C.1. OR C.2. WAS CHECKED) OR IN PARTS 11 AND 111 OF THE REVERSE HEREOF (IF
C.3. OR C.4. WAS CHECKED), AND IN WITNESS WHEREOF HEREBY EXECUTES THIS AGREEMENT.
0. CONTINUING GUARANTY (SEPARATE DOCUMENT, IF APPLICABLE) IS INCORPORATED HEREIN BY THIS REFERENCE.
�► 1 `,r�tgy` �1V -� �c;N� ��W e?� %1YYlPeBy: AT&T CREDIT CORPORATION
� AT&T INFORMATION SYSTEMS INC.
(Cusum
By.
(Authwz-e Sgnature) IAT&T Cr I Corporatio0 Authorized Represemativel
Don C Scurlocl� Jr.
(T )
August 6, 1986 4TYPOF -Name)
�Et
rf�tA,D GALDSui'FICTENCYr (Title) (Acceptance Date)
t t•(' Rv: .i'iirsoa P- 1411 Son
AUG 6 190"6 BOOK"
E, LEASE TERMS:
'.i•n•'; :";
2.(21(
1. CashPrfeectEguloment S !1
r„» , • ,.
.Oo
(`�� ,(�
2. InstatiattoryOne•TlmeChames S Q
3. SftphtO S N
_.:; _ -...._
---------. --d. _
4. MiSC.(Specify) E %lQ
..._....
C10
5. Sales Tax i
--..-_•?:_ .�i_-e. •._. _ _
2 q0.
_` _ 1 I I�.J
B. Total Equipment Cost o+2+3+4+5) S A(
-_. ,; •.,:.^P .nw.n *'_m.,,...,i_
7. Monthly RentPaymenr fRA
a-c,.-�nrp
_�
.(�
S. Advan eRentale $
Num:,•�r c: 1k.^-n,�l'. ,. •,:;.nts
/q�co��.�
_ _
9. Numherof Months drys
10. DocumentatforvOtlieialFea S
'.d3
�r881
11. This amount DUE NOW (8+101 S
:.•r.• a•., . r
- fC JL • O i
Make Nteck payable to AT&T -CREDIT
_1_.,
'Pa teub toff ustmenttoreflect Icable
SakwUswExeise Tax
which vuniaMt.= be m�clud� on the mrnrthryr invo:
25.m
16. Tn,sarru1r0L•EN0Wl'-5'
Makeeheck payable to AT&T -CREDIT
F. IMPORTANT MATTERS AND NOTICES TO THE CUSTOMER:
1. DO NOT SIGN THIS CONTRACT/AGREEMENT (-AGREEMENT-) BEFORE YOU READ IT OR IF IT HAS BLANK
SPACES.
2. WITH RESPECT TO THE ITEMS OF EQUIPMENT (COLLECTIVELY "EQUIPMENT") DESCRIBED IN THE DOCU-
MENTS IDENTIFIED IN SECTION B. (WHICH EQUIPMENT DESCRIPTION IS INCORPORATED HEREIN BY REF-
ERENCE), CUSTOMER AGREES TO PURCHASE SUCH EQUIPMENT FROM AT&T ANP AT&T AGREES TO
SELL SUCH EQUIPMENT TO CUSTOMER (IF C.I. OR C.2. WAS CHECKED) OR CUSTOMER AGREES TO
LEASE SUCH EQUIPMENT FROM AT&T AND AT&T AGREES TO LEASE SUCH EQUIPMENT TO CUSTOMER (IF
C.3. OR C.4. WAS CHECKED), UPON THE TERMS AND CONDITIONS SET FORTH HEREIN.
C 3. THIS AGREEMENT (INCLUDING THE DESCRIPTION OF EQUIPMENT REFERRED TO IN F.2. AND, TO THE EX -
TET EXPRESSLY INCORPORATED HEREIN BY REFERENCE, ANY DOCUMENTS IDENTIFIED IN SECTION B.
AND ANY MASTER AGREEMENT REFERRED TO IN SUCH DOCUMENTS) CONTAINS THE ENTIRE AGREE-
MENT BETWEEN THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPER-
SEDES ALL PRIOR WRITTEN OR ORAL AGREEMENTS AND REPRESENTATIONS. ANY PORTIONS OF SUCH
IJ DOCUMENTS AND ANY SUCH MASTER AGREEMENT NOT EXPRESSLY INCORPORATED HEREIN BY REFER-
ENCE SHALL BE OF NO FORCE OR EFFECT AND SHALL NOT BE PART OF THIS AGREEMENT, PROVIDED
C. THAT THIS AGREEMENT SHALL NOT LIMIT THE EFFECTIVENESS OF ANY SUCH MASTER AGREEMENT AS
. l TO DOCUMENTS NOT IDENTIFIED IN SECTION B. THAT INCORPORATE SUCH MASTER AGREEMENT BY
I REFERENCE.
4. WITHOUT LIMITING ANY OTHER REMEDIES AVAILABLE AT LAW OR UNDER THIS AGREEMENT, AN AMOUNT
UP TO $75 OF ANY CASH DOWN PAYMENT OR ADVANCE RENTAL(S) PLUS ANY DOCUMENTATION/OFFICIAL
FEE ARE NONREFUNDABLE UPON CANCELLATION OF THIS AGREEMENT.
S. CUSTOMER IS ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. CUSTOMER'S SIG-
NATURE BELOW ACKNOWLEDGES RECEIPT OF A TRUE COPY HEREOF. CUSTOMER REPRESENTS AND
' WARRANTS THAT THE INFORMATION SET FORTH UNDER SECTION A. IS TRUE AND CORRECT.
6. THIS AGREEMENT IS NOT BINDING' ON AT&T UNLESS ACCEPTED IN WRITING BY AT&T IN NEW JERSEY.
7. IF EQUIPMENT IS PURCHASED, UNDER LAW, CUSTOMER HAS THE FOLLOWING RIGHTS, AMONG OTHERS:
EA) TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND OBTAIN A PARTIAL REFUND OF ANY UN-
ARNED FINANCE CHARGE; (B) TO REDEEM EQUIPMENT IF REPOSSESSED FOR A DEFAULT; OR (C) TO.
REQUIRE, UNDER CERTAIN CONDITIONS, A RESALE OF EQUIPMENT IF REPOSSESSED.
S. THE INDIVIDUAL EXECUTING THIS AGREEMENT FOR CUSTOMER REPRESENTS AND WARRANTS THAT
1 . (S)HE IS DULY AUTHORIZED TO EXECUTE AND DELIVER THIS AGREEMENT ON BEHALF OF CUSTOMER IN
THE S)HE SIGNS. CUSTOMER ALSO REPRESENTS AND WARRANTS THAT
EQUIPMENT HALL BE USED SOLETY SET FORTH WHERELY )FOR BUSINESS PURPOSES AND NOT FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES.
9. SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE HEREOF ARE PART OF THIS
lit AGREEMENT.
10. CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN PARTS I AND III OF THE
REVERSE HEREOF (IF C.1. OR C.2. WAS CHECKED) OR IN PARTS 11 AND 111 OF THE REVERSE HEREOF (IF
C.3. OR C.4. WAS CHECKED), AND IN WITNESS WHEREOF HEREBY EXECUTES THIS AGREEMENT.
0. CONTINUING GUARANTY (SEPARATE DOCUMENT, IF APPLICABLE) IS INCORPORATED HEREIN BY THIS REFERENCE.
�► 1 `,r�tgy` �1V -� �c;N� ��W e?� %1YYlPeBy: AT&T CREDIT CORPORATION
� AT&T INFORMATION SYSTEMS INC.
(Cusum
By.
(Authwz-e Sgnature) IAT&T Cr I Corporatio0 Authorized Represemativel
Don C Scurlocl� Jr.
(T )
August 6, 1986 4TYPOF -Name)
�Et
rf�tA,D GALDSui'FICTENCYr (Title) (Acceptance Date)
t t•(' Rv: .i'iirsoa P- 1411 Son
AUG 6 190"6 BOOK"
AUG 6196
AT&T
Wormation Systems
BOOK 65 o;E.291
Equipment Agreement
Transactwn type
prr
Check atp„oate transaurons and fait" weir coding
Egwpmenl Purchase = AT&T -IS Frnancnrq
:: Term Plan J Maintenance Agreement
he
_Contract
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Contract Terms
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Total
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Total
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M
- Purchase
Install.
Monthly
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55 -U;
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Tow This Page
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SaL1otN From Attached( 1
Additional Pagits)
Ali, ick NM ntaa sae To'rL{
abnw ars exclusive a
suss taxes
l 1.
U
s I �G+.00
f
f 19 .25
TOTAL AA
TOTAL B
TOTAL C
TOTAL D
Complete This Section for Fuvncsd Purchase
cumonm acknowledges receipt of the FaMwAng Tom8 Conditions to
Total
f
;M
f
this Agreement Issue Date I I _ Initials
Shipping f
(Total Transportation Costs)
f
1c) • OJ
f
f
1. Total Erltutpmnnt Price (Total Column A) s
Filing or Other Fees S
s
f
S
2. Tow Installation Pride (Iola) Column 8)S
3. Total Cash Pride (ule 1 ♦ Line 2) S
Credits0own Payments (CDP( fl 1
SI 1
fl 1
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4 Total Tax f
trend Taal 2521 `.
s 1 CL's• W
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S. Total Shipping f
Complete Teta Section kr WkMg
6. Outer(Specify) i
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- to Piece Other
7. Tow Down Pay entsfOredits (CDP Biocs) f
& Cash Price Balance (Line 3 ♦ a ♦ S ♦ 6- T) S
Complete, This Seixbit For Equip ern titWllatlon -
9. Merdifly, Payments 10.S IMo.
*T&T.a C Customer
r• In Place C Other
11. Time Price Balance (Line 9 ■ Line Tis:.
s
12. Customer Rate - %
I& Time Price Differential lune 11 - Line S) s
complete This set:llon tar Maimatmce
U. Time Sale Pries lurro 11. una >) f
Effective Date ufs
Q
125 i �9 `�
Term Paan
�'BAM•6 PM Mon Fn 24 His 7 Days
.1. OMt I Mail -la
Complete This Section la Tam Plan
Effective Date O7r
K
CFJ 10 1 1 %��
Poet Warraitry Maintenance
L%1iM•6 PM Mon•Fri :: 24 Nra 7 Days
0 Depot) Mail -In -
12 Month _7 24 Month :" 48 Month :" 72 Month
•Other
" Monthly (3 Month Minimum)
wai- a even. runt ncwrs 11411,1116,A11t* WSrumtH HAS HLAD AND AGREES WITH THE TERMS AND CONDITIONS ON THE REVERSE
HEREOF. THESE TERMS AND CONDITIONS APPLY TO THE ABOVE SPECIFIED PRODUCTS AND SERVICES AS WELL AS ALL SUBSEQUENT ORDERS
FOR ADDITIONS. MODIFICATIONS OR CHANGES TO THE PRODUCTS OR SERVICES OR THE COMMUNICATION SYSTEM CONTAINING THE PRODUCTS.
CUSTOMER ALSO GIVES PERMISSION TO OBTAIN CREDIT INFORMATION FROM ANY EXTERNAL CREDIT INFORMATION SOURCE.
Equipment l oocaltoorn (Address) AT&T INFORMATION SYSTEMS WC.
City State - - Zip
Accepted by:
v>r\.�v� ��>c•� c, " (Auttionled Stgnafum)
fit. •' V's v- 'i tr J
(CustomepZ� G (Typed Name)
8y ^-
(Authorized Signature) (Trite)
at:
ITYped Name) (Address)
Don C. Scurlock, Jr.. Chairman
I Trial ICdy. State. Zip)
on.Augus on
i0ate) � fOatM
APPR AS F ND LEGAL SUFFICIENCY:
es
2U
Wilson. Assistant , Atty
r
M M M .
J. Materials Testing for I.RR.BLvd.rSouth Extension
The Board reviewed memo of Public Works Director Davis:
TO: The Honorable Members of the July 24, 1986 FELE:
Board of County Commissioners DATE:
THROUGH:
Tommy Thanas,
Acting County Administrator
SUBJECT: Materials Testing for South
Extension of Indian River
Boulevard
FROM:James W. Davis, P.E. ,a 1 REFERENCES:. , David Alker, Fraser
Public Works Director engineering and Testing, Inc.
to Jim Davis dated July 3, 1986
DESCRIPTION AND CONDITIONS
Fraser Engineering has submitted a proposal to perform material testing for
the construction of the South Extension of Indian River Boulevard. The
testing services are professional in nature, and depending on the type of
test, the costs range from $12.50 to $15 per test. Through the 15 month
construction period, the total testing services are estimated at $15,000.
ALTERNATIVES AND ANALYSIS
Since these services are Professional Engineering related,, the Purchasing
Dept. does not recommend bidding this work. Fraser Engineering performed
the testing for 16th Street widening, and is the oldest, largest testing
firm in the area. Their on -job response is excellent.
RECONIl'=ATIONS AND FUNDING
It is recatmended that Fraser Engineering and Testing, Inc. be selected to
perform testing services for the South Extension of Indian River Boulevard
including connecting roadways, using the attached fee schedule.
Funding from Fund 304 - Indian River Boulevard South Extension Construction
Fund.
21
BOOK 1)5 FGF.292
po
SOIL TESTING
BOOK 6 5 pp F 2.3
RASER ENGINEERING AND TESTING, INC.
3504 INDUSTRIAL 33rd STREET
FORT PIERCE, FLORIDA 33450
FEE SCHEDULE
FORT PIERCE (305) 461-7508
VERO BEACH. (305) 567-6167
STUART (305) 283-7.711
Standard or Modified Proctor (sandy soils) ...............$ 50.00 e'a.
Standard or Modified Proctor (limerock/shell)............ 65.00 ea.
Field Density Test (nuclear method) ...................... 12.50 ea.
Limercck Bearing_ Ratio (L.B.R.)...........
Florida Bearing Value (F.B.V.). ............••• 150.00 ea.
Sieve Analysis.. ••'� " " " " " " " "•••••• 15.00 ea.
Siege Analysis " '•'•••••••••••• 35.00 ea.
Y (material sieve)....... 20.00 ea.
Atterherg Lizjits.......................................... 50.00 ea.
CC CRETE TESTING
Concrete Cylinders: SlumD Test, Casting,
Transporting, Curing and Testing
($8.00 ea. min. of 4 per set) ................... 32.00/set
..
--� Ccrent.............................................. 15.00 ea
L- _ = of Ccricr2 ce .................................. .
dscr -=----he (:7.i. --;MUM 0';L:
=) ..... • • ...................... 15.OG ea.
• • . . • • • • • • • • • J �J • U .G., Q
a v :. .e r Tezz� ( m'4 - 4mur', 0 J. ) .. • . .
(:::_:;itu^: or 3) •.. ....... 35.::0 ea.
i. cpressioz Testing of`•FieldCores....................... 15.00 ea.
ASPH LT TESTING
Stability Tests (Hubbard Field or `arshall).............. 50.00 ea.
Bitumen Content (extraction)........... ..... 50.00 ea.
Sieve Analysis of Extracted Aggregate.....•35.00 ea.
Asphalt Thickness Determination using
2" or 4" Core Drill (minimum of 3). 25.00 ea.
Hua:.cities cf 10 or more .............................. 15.00 ea.
ENGINEERIP_VG SERVICES
For Services of a Registered Engineer (minimum of
' 2 hours will be charged for any one job) .............. 50.00/hr.
Technician Inspection Services:
Regular Time.. .. 25.00/hr.
Overtime.. . 30.00/hr.
Reinforcing SteelIn ......................
Reaular Time (2 hour minimum) .....•.. 25.00/hr.
Overtime .........................................•.... 30.00/hr.
- K
.5.':1UDARDDRILLING FEE SCHEDULE
STANDARD PENETRATION TESTING
0 - 50'
50 - 75�:................................................$ 6.00/ft.
75 - 100' ............................................... 7.50/ft.
100 - 150 ........................................... 9.50/f t.
0 - 25' (continuous sampling) ............................ 11.50/ft.
25 - 50' (continuous sapling) ...• „ " " " •••• 12.00/ft.
m
Mobilization and Demobilization " " •• 18.00/ft.
(25 mi. radius) ....................................... 100.00 l.s.
22
y
CONE PENETROMETER.TESTING
0 - 1501 ................................................. 4.00/ft.
Mobilization and Demobilization
(25 mi. radius) ....................................... 100.00 i.s.
ROC{ CORING
NW Core Barrel - 2" Core:
0 - 50'....... ............................
10.00 to 12.00/ft.
30 - ,5' ............................ ........
12.00 to 15.0�%"=t .
-
'3 - 01....... ......... ............
�.00r'01.:
___ 1 ...... ................ ........
_1.00 -o 2 .
............. *:"**,*"* "**................
Demobi1j Zati: n
(To be negotiated, will be dependent
upon scope of work and ee_uiTDment to
be used.)
PQ Wireline - 3 5/16" Core:
0 - 100' ..............................................
14.00/ft.
Mobilization and Demobilization
(To be negotiated, will be dependent
upon scope of work and equipment to
be used.)
Core Boxes:
LargeWood ............................................
40.00 ea.
Cardboard.............................................
10.00 ea.
..BORINGS OVER WATER
The unit prices for the required drilling and sampling will be based
on the following: total footage, depth of water, protected or un-
protected water, distance between borings, currents, and need for I
suczort.
FRASC'R ENGINEERING AND TFSTING. INC
e
Commissioner Bird asked if we have an overall approved
budget for this project.
Public Works Director Davis advised that testing was in-
cluded in the four million dollar budget submitted to the Board
about two years ago. The budget, however, did not include
right-of-way acquisition as staff had no idea of the cost.
Commissioner Wodtke wished to know if Fraser is pretty well
in line with their fee schedule, and Director Davis confirmed
that they are very well in line, and, in fact, under what most
outside companies would charge coming into this area. He
advised that most of the testing that will be done is the density -
testing, which is $12.50 per test, and they will be using the
Florida Bearing Value test at $15.00 rather than the Limerock
Bearing Ratio test at $150.
AUG 6 1986
23
BOOK 6 5 dart 2.94
AUG 6 1986
BOOK 65 PA;E295
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously authorized
the use of Fraser Engineering and Testing, Inc., to
perform testing services for the southern extension
of Indian River Boulevard per the above fee schedule.
K. Golf Course Change Order #3 - (Guettler & Son)
The Board reviewed memo of OMB Director Baird:
TO: Honorable Board of County DATE: July 29, 1986 FILE:
Commissioners
THROUGH: Tommy Thomas SUBJECT: Golf Course Change Order #3
Acting County Administrator with Guettler & Son Contract
FROM: OMB e irectorird REFERENCES:
Change order #3 is an increase in the amount of $1,123.84 for sixteen quick
coupler valves to enable a waterhose to be attached to the irrigation system.
This was an oversight by the architect.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
Change Order #3 Sandridge Golf Club (Guettler &
Sons, Inc.)
24
INDIAN RIVER COUNTY
SANDRIDGE GOLF CLUB
COMPACT CMA rZ OUWR
M . �$
CNAACfi OaMR, NO. �
►rojecc Sandridge Golf Club No. D■te& 7/3/86
Ce�craccor& Guettler & Sons, Inc.
Conditions& The changes described heroin Mall be 10VOrned by the teras cad conditions
of tAft Cootract, and •hall not in any way alter the term of the Contract.
but shall hereafter be a part of the Contract.
ITL"
ro
iTL" 023CRIPTI0M
UNIT
UNIT COST
QUM TITT
AMOUNT
1
Quick Coupler. Va
ve
28.7416
459.8;
2
Swinq Joint
ea.
7.00
16
112.00
3
Service Tee
ea.
9.50
16
152.00
4
Tap -in
ea.
25.00
16
400.00
Net Change 1_1 , 123. 84 1 123.84
Addition # ! '
Deduction(-) S
Contract Amount Prior to Change Order $
Ravtaed Covtract Amount S
Reason for Change.
Acceptable To+ Dotal
Contractor's Repreasncative
Recommended byP,--,eernr � � Dace: 7i7/R6
golf coursea hi
Approved by Dec.: 7- /-,�ti
owrier -
L. Golf Course Change Order #4 - (Carroll Childers Co.)
The Board reviewed memo of OMB Director Baird:
25
y�
All L�j
BOOK
65{, 296
rr,--
AUG 6 1986
BOOK 65 Pnu,�97
TO: Honorable Board of County DATE: July 29, 1986 FILE:
Commissioners
THROUGH: Tommy Thomas SUBJECT: Goif-Course Change Order #4
Acting County Administrator in the Amount of $1,303.00
FROM: JosfhA. Baird REFERENCES:
OMB Director
The change order recommended by the architect if for additional equip-
ment on the submersible pump to facilitate water transfer between lakes.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
Change Order #4 Sandridge Golf Club re the sub-
mersible pump (Carroll Childers Co.)
Carroll Childers Company
P. O. Box 12951, 6905 Bellfort
HOUSTON, TEXAS 77217
(713) 649-5780
TO Indian River County Golf Course
Board of County Commissioners
1840 - 25th Street
Vero Beach, Florida 32960
Attn: Mr. Tommy Thomas
�'.
��WT M111 =**;j=--jij0 R
(dumber
(305) 589-9223
- .1- a..8- ?. -
.
DATE ....._-_ \
_ 30 June 1986
- I
Vero` -Beach, Florida
JOB NUMBER -- - JOB VHONE I�
_S_/N 431 _
- - EXISTING CON7RAC7 NO DATE OP EXISTINONR
G CTACT II
I�
SCC -235-86 27.May 1986
No hereby agree to make the change (s) specified below: — — -- -- - - -
1. Add remote lake level controls to the irrigation pump station.
2. Add D.C. Telemetering system (from 230 Volt/Single Phase) at submersible
pump control panel with Hand -Off -Auto.
3. Provide pump/motor stand-offs for submersible pump to allow installation
within 8" diameter suction pipe to be installed at 45° into transfer lake.
i
4. Remove existing surface plate and discharge flange from submersible pump
I
and replace with discharge adaptable to customer supplied discharge pipe.
I
I;
26
5. Provide 751 pigtail for submersible pump power hook-up to control panel.
it
I�
�- p4Z442, Ce
c- p -
I
NOTE: This Change Order becomes part of and in conformance with the existing contract.
WE AGREE hereby to make the change (s) specified y — $
,.,� .. Iabove at this price 1, x.03 �oo i
l I I
30 June 1986 PREVIOUS CONTRACT AMOU
DNT $
111401ilkES14NATUNE ICONIf7Acnn�� ; 1 - 56.215100
Gary D. Barbour
'{/fes--- I REVISED CONTRACT TOTAL
$ - -.57,.5.18:9Q--•
bir. S. & M t = _-_�_--- --=- -- -_---- --_ --_-- \�
ACCEPTED — The a ricd and specifications of QG
this Change Order satisfac ry and are hereby ac- Date of accep g ?'777 CJv- -- _-_- —
cepted. All work to performed under same terms and �'�_(O
conditions as speci ied in original contract unless other- Signaturewise stipulated. -- ER►
I
M. Budget Amendment for Additional Personnel at Jail
The Board reviewed memo of OMB Director Baird:
TO: Honorable Board of County DATE: July 30, 1986 FILE:
Commissioners
a.
R
FROM: Josh A. Baird
OMB Director
SUBJECT: Budget Amendment
for Additional
Personnel at Jail
REFERENCES:
The Honorable Board of County Commissioners authorized additional staffing
for the County Jail early in the year. The Sheriff is requesting $185,500 to
fund the new personnel. The $185,500 would have to be transferred from the
General Fund Contingency. ,
Account Number
001-600-586-099.14
001-199-513-099.91
Balance in Contingency as -of
07/24/86 - $236,886
Account Name
Sheriff -Detention Center
Reserve for Contingency
-'increase Decrease
$185,500
$185,500
27
AUG 6 98 EOOK 65 FA�FIj
AUG 6 1986
tr t, ff
P. O. BOX 608
July lOPH 1 9 569-6700
66 6700
Joe Baird, Budget Director
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Joe:
BOOK 65 F"'J299
R.T."TW DOBECK - i.vmtN, jmwn coi"vn•
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
\'i:ltci hI`.AC1I. PLt)I'd DA :i_C)Ci1
RE ADDITIONAL SALARY BUDGET, CURRENT YEAR
This letter is a request for supplemental funding from the Board
of County Commissioners General Fund Contingency to -cover the
anticipated deficit in this area.
The anticipated deficit of $185,500 is detailed as follows:
Eleven (11) Detention Officers - Positions $ 153,539
from Phase II of the new jail which were re-
leased in January and February of this year
to operate the trailers being utilized at the
current jail facility for which there no salary
budget was provided.
Overtime - Due to the need to provide adequate 17,507
shift coverage due to vacant positions because
of lapse and leave time (vacation and sick).
Scheduled Raises - Regular permanent status pay 1,776
raises for eight (8) employees are currently due
or will become effective during the balance of the
fiscal year.
New Positions
Lieutenant, Phase II - 2 Months 5,360
This position is needed at this time to begin
preparing the Operational Manuals
Fiscal Assistant - 2 Months 3,254
This position is needed to provide the fiscal
support for the Corrections Division. This
responsibility was transferred to this Department
on July 1, 1986 without the support position.
Registered Nurse - 2 Months 4,064
This position is needed immediately out of the
-Phase II staffing to augment and coordinate the
Medical Services.
TOTAL $185,500
If you have any questions or any further information is required,
please contact my Business Manager, Richard Dees, at 569-0082,
ext. 212.
Sincerely,
R. T. "Tim" Dobeck, Sheriff
Indian River County
28
Commissioner Bird realized that these people were approved
early in the year and inadvertently we didn't budget for that.
What confused him, however, is that the Sheriff just recently
took over the Jail and this deficit has been building up within
the County's budget and not the Sheriff's; he, therefore, did not
understand why we are transferring funds to the Sheriff when it
seems most of the deficit is in the County's budget. He noted
that this is going to wipe out our Contingency Fund and hoped
there may be some other way to handle it.
Discussion ensued as to some alternatives and the possibil-
ity of doing some Fine transfers.
Richard Dees, Business Manager for Sheriff Dobeck, advised
the Board that in doing his analysis, he discovered that it was
these eleven additional detention officer positions being re-
leased without salary monies that has caused the deficit in their
salary account. These people were paid out of the funds budgeted
for the entire year for the 40 odd positions, and they are now
out of salaries as of this last pay period .
Commissioner Bird asked if those people haven't been getting
County paychecks out of County funds, and Chairman Scurlock
o-�
explained that we transferred the budget for the Jail over to the
Sheriff and that budget has been depleted. His only question
about the recommended budget amendment would be in regard to the
possibility of some line item transfers.
Acting Administrator Thomas noted that we have spent the
money and now have to pay for it; so, even if we make line item
transfers, he believed the net result is not going to change cash
carry forward no matter where it is transferred from.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously approved
the budget amendment recommended above subject to
Acting Administrator Thomas and OMB Director Baird
taking another look at it.
29
AUG b BOOK 65 FS GE 300
FFF'_
AUS 6 1086
N. Budget—Amendment - Supervisor of Elections
BOOK 65 u,roj
The Board reviewed memo of OMB Director Baird:
TO: Honorable Board of County DATE: July 29, 1986 FILE:
Commissioners
THROUGH: Ann Robinson IN k
Supervisor of Elections
Q�D
FROM: Jose A. Baird
OMB Director
SUBJECT: Budget Amendment
REFERENCES:
The Supervisor of Elections needs to purchase a $969.00 uninterrupted
power supply for her computer hardware as approved unanimously by the data
processing committee. Mrs. Robinson needs to purchase this immediately for
the September 2, 1986 election.
It will be necessary to transfer $969.00 from general fund contingency,
001-199-581-099.91 to 001-700-519-066.41, office furniture & equipment.
Contingency Balance as of 07/24/86 $82,188.00
-969.00
$81,219.00
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the budget amendment requested by the Supervisor
of Elections as above.
0. Sandridge Golf Course - Mowing Equipment
The Board reviewdd Memo of General Servicers Director Dean:
30
TO: The Honorable Members of DATE: July 29, 1986 FILE:
the Board of County Commissioners
THRU: L. S. "Tommy" Thomas Sandridge Golf Course -
Acting County Adminis- SUBJECT: Mowing Equipment
trator
FROM• H. T. "Sonny" Dea RFsERENCES:
• Director of Gener 1 Ser�i
Mr. John Hayden, Green Superintendent at Sandridge Golf
Course advises us that John's Island will sell us used lawn
mowing equipment which would cost about $130,000 to $150,000
new for $22,000.
Mr. Hayden says the equipment is in excellent condition
and Commissioner Bird has checked out the equipment and feels
that it would suit our needs for quite a few years.
This purchase would give us two large fairway mowers
which in turn means%that we would have a back-up mower that
we did not intend to purchase at this time. We did not intend
to buy this much equipment but what we would have bought new
would have cost approximately $60,000.
It is the recommendation of staff that we negotiate with
John's Island to immediately purchase this equipment. Attached
is a detailed description of the equipment which we would
obtain.
EQUIPMENT LIST
4 Reel Mowers:
1 - Jacobson 7 Gang Hydraulic Fairway Unit by Debray and Company
Serial Number 70401-1807
1 - Jacobson 7 Gang Hydraulic Fairway Unit by Debray and Company
Serial Number S 704011-2202
1 - Jacobson Greens King IV Triplex Mowing Unit
Serial Number 5667
1 - Jacobson Greens King IV Triplex Mowing Unit
Serial Number 5677
Purchase price includes 1 extra reel for hydraulic units plus parts
in inventory for all units. -
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the purchase of the used lawn mowing equipment from
John's Island for $22,000 as described -above.
31
U 9 � BOOK 65 P�-GE 302
AUG 6 266
BOOK 65 P,a r.303
P. Extension_ of Site Plan Approval - (P. Ennessy)
The Board reviewed staff memo, as follows:
TO: The Honorable Members of DATE: July 23, 1986 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: FOREXTENSION
PIERCE
EOFYSITEREQUEST
Ro ert M. Keatin , AICP/ �
Planning & Development/Director I APPROVAL
FROM: Michael K. Miller � M REFERENCES: Ennessy
Chief, Current Development MIKEII
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of August 6, 1986.
i -
DESCRIPTION & CONDITIONS: _
On August 8, 1985, the Planning & Zoning Commission approved a
major site plan application submitted by Carter Associates to
approve the paving of an existing auto storage lot at the rear of
the existing Ennessy Buick -Cadillac car dealership located at 1401
U.S. #1.
The applicant has stated that bids received for the proposed
construction were substantially higher than anticipated, and it
has not been economically feasible to initiate the work prior to
site plan expiration. Therefore, pursuant to Section 21.1G,
Appendix A of the Zoning Code, the applicant is requesting a 1
year extension of his site plan approval. No ordinances have been
adopted since the August 8, 1985 approval which would alter the
approved site plan.
RECOMMENDATION
Staff recommends approval of Pierce Ennessy's request for a l year
extension of site plan approval.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously granted
a one year extension of site plan Approval as re-
quested by Pierce Ennessy of Ennessy Buick -Cadillac.
DISCUSSION OF GOLF COURSE MAINTENANCE BUILDING
Commissioner Bird noted that we gave Architect Charles Block
a target budget of $100,000 for the golf course maintenance
building; however, the bids which came in were considerably over
32
FA
budget, and the County Attorney suggested that Mr. Block see what
could be changed in the scope of the project and negotiate with
the low bidders to see what could be done to get back within
budget.
Architect Block reported that the low bid was $141,000 and
he believed most of the problem is in the site area and coordi-
nating this particular site which is in the middle of the golf
course. He explained that he went to the two lowest bidders and
made some suggestions to them. They have come back to him with
some new figures, and so far they have taken approximately
$27,000 out and are working on getting back in budget. He,
therefore,.is here to ask the Commission to reject the 9 bids and
authorize him to continue to negotiate and then come back when he
feels he has something more in line. Unfortunately there is a
time factor because this building will be needed right up front
for mower storage, etc., and it will -take 60 days to build.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously rejected
the 9 bids received on the golf course maintenance
building and authorized Architect Block to negotiate
with the bidders to try to get the golf course main-
tenance building within budget and then come back to
the Board..
Chairman Scurlock asked Public Works Director Davis if he is
working up a bill for his department's work on the golf course on
7 a monthly basis or just how he is handling this as he did not
want it to come as a shock when he suddenly did get all the
figures together. He also was concerned that he work up the
charge outs for labor, etc., at the Jail.
Director Davis advised that he is working on all this, but
he is not comfortable with the way we are charging for the
equipment because using the equipment rental rates takes it out
33
AUGQ �� BOOK 65 F,,fn,304
of perspective.
Boa5lu,E.105
He noted that he had the same problem with
petition paving, but resolved it by simply assessing the people
$1.00 a foot for equipment, and he would like the Board's okay to
handle the equipment charges for this work in a similar manner.
Chairman Scurlock stated that if that is what Director Davis
felt was equitable, he had no problem with it, and it was
indicated that the Board just wished this to be charged out at
some reasonable rate.
Chairman Scurlock further pointed out that Public Works
Director Davis has had to pull crews off some of his normal
projects to do these other things, and we must keep track because
possibly in some cases it would be cheaper to go out and
contract.
GOLF COURSE CHANGE ORDER - ALUMINUM PIPE (GUETTLER)
Acting Administrator Thomas read the following letter
received from Golf Course Architect Ron Gar[:
August 5, 1986
Mr. Tommy Thomas
INDIAN RIVER COUNTY
1840 25th Street
Vero Beach, FL 32960
RE: Sandridge Golf Course
Dear Tommy:
A change order for the purchase of 840' of 18" aluminum pipe has been
issued and I would like to explain where this pipe is being used:
565'. of pipe was added in a total of 8 locations connecting
to the 2 drainage canals to satisfy Indian River Farms Water
Control District (Marvin Carter, representative).
400' of pipe is to be used to connect 2 lakes for irrigation
purposes. (2 lakes to be future effluent holding ponds.)
34
170' of pipe was used to extend drainage into the maintenance
area to provide better drainage.
295' of pipe was saved on hole #8-
840' Total.
Tommy, I hope this is an adequate breakdown of where this additional
pipe is to be used. Should you have any questions or comments, please
calla
Sincerely,
LINKS DESIGN, INC.
G.
BRUCE C. SHELDON
ASSOCIATE
704 S. Missouri Ave.
L- AUG
LINKS DESIGN INC.
Lakeland, Florida 33801
(813) 688-8383
Acting Administrator Thomas explained that the larger pipe
is needed in the event the ponds are used for holding effluent in
the future.
Chairman Scurlock suggested that Utilities Director Pinto be
consulted before the pipe is put in to be sure they are going to
take the effluent to those holding ponds.
Mr. Thomas recommended these lakes be connected for holding
purposes in any event because if we had to go in and do this
after the golf course is completed, it then would involve much
more labor, inconvenience and money. He further pointed out that
some money was saved on hole #8 and this is all well within the
funds which were allocated for irrigation purposes.
Commissioner Lyons concurred that we don't want to chance
having to tear up the golf course after it is completed, and he
felt this is a cheap bit of insurance.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously approved
Change Order No. 4 (Guettler & Sons) for aluminum
pipe in the amount of $6098.40.
35 Bom 65 nGr 0
U
A u G 6 IJ26
Boos 6 F�q,�
INDIAN RIVER COUNTY
SANDRIDGE GOLF CLUB
CONTRACT CUNCa ammit
CNANCt 0=1 W. 4
project, Sandridge J1o. Datat 7/31/86
Contractors C'uettler & Sons
Conditional The changes described heroin shall be joverned by the taraa and conditions
o[ the Cowtcsct, and shell not in any war alter Cho ton a of the Contract,
but ahail hereafter be a part of the Contract.
Not Change 6098.40
Addition • $ 60984-40
Deduction(-)
Contract Amount prior to Change Order
-`� Nevi d Conte c nt 0
Reason for Change.
Acceptable Tat Date$
Contractor's Representative
Recommended byp� C,,_��Pstov 1 XB6
golf c =sar 'tect
Approved b Datet �- �" gg
owner
36
M M r
12TH ST*. R/W ACQUISITION - SOUTHGATE_MOBILE HOME PARK
Public Works Director Davis reviewed the following memo:
TO: The Honorable Members of the July 24, 1986
Board of County CcmmissionersDATE: FILE:
THROUGH: SUBJECT: 12th Street Right -of --Way
Tcmary Thomas, Acquisition - Southgate Mobile
Acting County Admmistrator Home Park East of US 1, Parcel
#142
M'
FROM:Jamas w. Davis, P.E., REFERENCES: George G. Collins, Jr.,
Y1
Public Works Director o Donald G. Finney dated
July 16, 1986
0. 4;04ukl• p io •
The property owners for the subject parcel, represented by Attorney Joe
Collins, have agreed to sell an 8.5' wide by 3751± parcel along 12th Street
to the County for the appraised value of $90,644 (County appraisal by
Arnfield-Wagner). To mitigate the adverse impact of the taking of this.
parcel, the following items are necessary
1) Relocate all private electrical lines, services, and appurte-
nances onto the remaining parcel. The County would contract with
the owners electrician, Vero Electric (231-7192) to perform this
work at a cost not to exceed $3000.
2) Modify the existing entrance island/fountain area to provide for
the relocation of the driveway serving the lot west of the
existing entrance. This is primarily masonry work. Estimated
cost is $2,000. The water line serving this fountain will be
relocated if necessary.
3) Construct a 6' high masonry block wall along the south property
line approximately 330' long, with a 16" x 24" pilaster every 20
lineal feet, including 2 coats of stucco. Entrance lighting to
replace the existing lighting will be provided. Cost for this
work is approximately $45 per L.F. or $14,850.
4) Provide 2 yard drains to intercept existing drainage within the
park. Cost is estimated at $1,000.
5) Lot 103 - Remove carport, utility shed, and concrete slab and
relocate or replace as required.
Lot 122 - Modify carport and necessary concrete work. Relocate
or replace aluminum storage shed on lots 101 and 102. Cost for
all the above is $3,182.88.
6) Relocate trees and shrubs if possible. Cost $500.
7) Pay attorney's fees of $2,000.
ALTERNA=S AND ANALYSIS
The above compensation and mitigation complies with the appraisal for the
property as prepared by Armfield Wagner Appraisers.
It is recommended that the County purchase the approximate 3,131 S.F.
Parcel for $9,644 and agree to the mitigation cost of approximately
$24,532.88 and attorney's fees of $2,000.
Funding to be from Fund 304 - Indian River Boulevard South -Construction
Account.
37
AUG 6 1986 BOOK 65 ulj 308
BOOK 65 Fn{GE 909
Director Davis informed the Board that he had anticipated
the cost of relocating the electric lines would be $3,000
predicated on the City of Vero Beach setting a new power pole,
but the City has indicated they prefer that we go underground
which would inflate the price to $4,300. He is still negotiating
with the City and trying to get them to put a pole in.
Commissioner Bird was concerned about the cost of the miti-
gation action desired. He agreed with the reasonableness of
relocating utilities and the carport, utility shed, etc., but
questioned whether we have an obligation to build a masonry wall
6' high.
Director Davis explained that when the work is completed,
the existing mobile homes will be 13' from the edge of the actual
pavement itself; also, we must be careful to work within the
state guidelines which relate to relocation of mobile homes.
Commissioner Bird agreed that he could understand why the
wall is needed if it is going to be that close to the pavement;
he had just not wanted to set a precedent.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Wodtke, the Board unanimously authorized
the purchase of the above described parcel for $9,644
and agreed to the mitigation costs of approximately
$24,532.88 and attorney's fees of $2,000.
REZONING - E. OF 6TH AVE. N. OF 10TH ST. TO RM 10 (POSTWEILER)
The hour of 9:10 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached,.to-wit:
38
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the Court, was pub-
lished in said newspaper in the issues of b
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. A ,
Sworn to and subscribe bef me t day of A.D. 19 J1ZII
•
n , _ j% j,,,Sj3usiness Manager)
(SEAL)
(ClerR of the Circuif Couri,,ifidian River County, Florida)
NOTICE - PUBLIC H4ARINm
Notice of hearing to consider the adoption of`
a County ordinance (toning land from. RS -T,
Single-Familyy Residential Dlstrlct to RM -10, Mul-
tiple -Family Qidentlal District. The property is 1
presently owned by Johh�G. Postweiler and is
presently located north of 10th . Street, seat of
eth Avenue and west of the Indian River.
The subject property is described as
The south 10 acres of Government Lot 5
and the south 10 acres of Government
Lot 8, Section 7, Township 33 south,
Range 40 east; Indian River County,
Florida.
A public hearing at which parties in interest
and rtunity to be
heardiwill llnbe held by the Boars shall have an d t
of County Com-
missioners of Indian River County, Florida, in the
County Commission -Chambers of the County .
Administration Building, located. at 1840 25th
Street, Vero Beach, Florida an Wednesday. Aug"
ust 8,1988, at 9:10 A.M.
The Board of County Commissioners may
grant intense
dwn
than the district requested provided.zoning is within
the same general use category.
Anyone who mey wish to appeal anyy"derision
which may be made at this meeting w 1 need to
ensure that a verbatim record of the proceedings
is made, which Includes testimony and evidence
upon which the appeal is based.
Indian River County
Board of County Commissioners
B :-s-Don C. Scurlock, Jr
Chairman _
July 17,29 1986
V
Chief Planner Shearer made the staff presentation, noting
that this is the fifth rezoning in this area of the Indian River
Boulevard corridor in the last 18 months:
39
AUG 6 ' BOOK 65 rAGE 310
AUG 6 1986 BOOK 65 FnE 311
TO: The Honorable Members of DATE: July 1, 1986 FILE:
the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
j POSTWEILER REQUEST TO
SUBJECT: REZONE 20 ACRES FROM RS -1,
Robert M. KeatingT AICP SINGLE-FAMILY RESIDENTIAL
Planning & Devel6pment Director DISTRICT, TO RM -10 MULTIPLE -
FAMILY RESIDENTIAL DISTRICT
FROM.. �S
M. Richard Shearer, AICP REFERENCES: Postweiler
Chief, Long -Range Planning RICH3
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of August 6, 1986.
DESCRIPTION & CONDITIONS
Steve Henderson, an agent for John Postweiler, the owner, is
requesting to rezone 20 acres located one-quarter mile east of 6th
Avenue and the north side of 10th Street, extended, from RS -1,
Single Family Residential District (up to 1 unit/acre), to RM -10,
Multiple -Family Residential District (up to 10 units/acre).
The applicant intends to develop this property for multiple -family
residences.
On June 26, 1986, the Planning and Zoning Commission voted 3 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The subject property is undeveloped and zoned RS -1. North of the
subject property is undeveloped land zoned RS -1 and RM -8, Multi-
ple -Family Residential District (up to 8 units/acre). East of the
subject property is the Indian River. South of the subject
property is undeveloped land which was recently rezoned from RS -1
to RM -10 West of the subject property is Waverly Place, a
condominium development zoned RM -10.
Future Land Use Pattern
The Comprehensive Plan designates approximately 10.5 acres of the
subject property as MD -2, Medium Density Residential 2 (up to 10
units/acre), and designates approximately 9.5 acres of the subject
property as Environmentally Sensitive (up to 1 unit/acre). Based
on the land use designations of the subject property, the
Comprehensive Plan would allow up to 114 dwelling units on the
subject property. The proposed rezoning is in conformance with
the Comprehensive Plan and is consistent with the RM -10 zoning
west and south of the subject property.
Transportation System
The subject property is in the Indian River Boulevard Corridor,
but does not currently have direct access to a County road. The
maximum development of the subject property could generate up to
798 average annual daily trips. 40
r
Environment
The Comprehensive Plan designates 9.5 acres of the subject
property as environmentally sensitive. The applicant intends to
leave this property undeveloped and transfer the density of one
unit/acre (9 units) to the upland area of the subject property.
All of the subject property is in an A-10 flood hazard zone which
includes areas within the 100 year flood plain. Flood elevations.
range from elevation 6 at the west end of the upland property to
elevation S at the east end of the environmentally sensitive land.
Utilities
k
Water facilities are generally available in this area. The
developer will have to extend a water main to the property to be
served. County wastewater facilities are not currently available.
RECOMMENDATION
Based on. the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Discussion ensued in regard to the transfer of density
credits from the environmentally sensitive area (91 acres) and
from the Indian River Boulevard road right-of-way which will take
150' from the west side of the subject property. Chairman
Scurlock wished to know what the net actually will develop out to
at the proposed density, and Planner Shearer advised that they
will be able to transfer 9 units from the 91 acres and the
right-of-way will amount to about an acre or so; so, the part of
6t
the property that is developed would be at around 11 upa.
Chairman Scurlock informed the Board that we are on a grant
list for sewers for Rockridge; so, he was very concerned that any
projects that close to the river not be on septic tanks but be
serviced by some wastewater system that keeps it out of the
river.
Chief Planner Shearer felt by the time this project is ready
to be developed, we will have some type of sewer capability in
this area.
Commissioner Lyons stated that he would not want to see this
area developed except with some public system, and Commissioner
Bird concurred.
Some discussion followed in regard to sewer lines in the
Boulevard extension, and Chairman Scurlock brought up the
AUG 6 INS" 41 BOOK 65 P!,,E m112
AUG 6 1986 BOOK 65 uu .913
possibility of doing away with all allocation agreements and
trying to get additional capacity from the City to service more
out of their plant along that corridor. He noted that Director
Pinto will be looking at putting in lines when we put in the
Boulevard extension.
Commissioner Bowman felt we ought to be able to run the
effluent into the impoundments'at Vista Royale, but the Chairman
noted that they are at capacity, and another problem is that the
DER has not made up their mind about the use of mosquito
impoundments.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously closed the
public hearing.
Commissioner Lyons had a question regarding how the environ-
mentally sensitive area was zoned previously, and Chief Planner
Shearer stated it was RM -10. He explained that when such
property is rezoned, a line is drawn on the zoning atlas delinea-
ting the environmentally sensitive land to the east which is
limited to 1 unit per acre.
Question arose about the right-of-way for the Boulevard, and
Director Davis reported that the property owner has indicated
they would donate the right-of-way, but first they want to get
their rezoning taken care of.
fi
Commissioner Bowman wished to know how far back the environ-
mentally sensitive land extends from the river, and she was
advised that it would be about halfway back on this property.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously adopted
Ordinance 86-55 rezoning the 20 acres to RM -10.
42
ORDINANCE NO. 86- 55
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit: °`
The south 10 acres of Government Lot 5; and the south 10
acres of Government Lot 6, Section 7, Township 33 south,
Range 40 east, Indian River County, Florida.
Be changed from RS -1, Single -Family Residential District, to
RM -10, Multiple -Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this6th day of
Augustpi986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By --
, G
Don Sc rock, J Chairman
43 BOOK ��
AUG 6 ��FF�UE3119816
.AUG 6 1086 ff
ORDINANCE AMENDING SEC. 24 - OFF STREET PARKING
BOOK D5O
F,,,cF 315
The hour of 9:15 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
@.l111111111111EAFFr•_���
MMWo
in the matter of 4"OW --
a
in the Court, was pub-
lished in said newspaper in the issues of b
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 matterat 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. (f/
Sworn to and subscribed befoW me this .� day of A.D. 19
(SEAL)
(Clerk of the Circuit Court,
Manager)
River County, Florida)
NOTICE OF PUBLIC HEARING
TO CONSIDER THE
ADOPTION OF A COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN that the Board of
County Commissioners of Indian River County.
Florida, shall hold a public hearing at which Par,
ttunity to be hea d, icitizens
Z the Co ratty ll Common
Chambers of the County Administration Build -
Ing, located at 1840 25th Street. Vero Beach,
j Florida. on Wednesday, August 6. 1986- at 9:15
(j a.m. to consider the adoPUon of an Ordinance
entMed:
Ithat
RDINANCE' ` OF INDIAN RIVER
COUNTy24:x. O -STREET PARKING . FLORIDA AMENDING AEND .
ING REGULATIONS, OF: APPEN-
A OF -THE CODE. OF LAWS AND
INANCES, KNOWN AS THE ZON•
CODE, PROVIDING FOR LIMITED
UCTION OF REQUIRED PARKING
ES FOR THE PROTECTION OF.
ES; PROVIDING FOR REPEAL-
FLICTING ORDINANCE CODIFICA-
; SEVERABILITY: AND EFFECTIVE
E...py of the PrVosed Ordinance is avallable
iam*% Department ot8ce on the second
f the County Administration Bulldi tl.- ion
ne who mayWishto appeal any
ensure
iswhich
verbatim record of thbe made at this e prol need to
ceedings
is made, which includes testimony and evidence
upon which the appeal is based.
Indian River County
Board of County Commissioners.
By s- Don C Scurlock, Chairman
July 17.29,1956
Art Challacombe, Chief of Environmental Planning, made the
staff presentation, explaining that the purpose of this change is
to give the applicant -additional flexibility to protect large
specimen trees that normally would be eliminated in the site plan
approval process by having to work in parking spaces,
44
TO: The Honorable Members DATE: July 1, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keat ng, CP
Planning & Develop ent Director
AMENDMENT TO THE COUNTY
PARKING ORDINANCE
CA a
FROM: Art Challacombe REFERENCES: Parking Ord.
Chief, Environmental Planning DIS:ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on August 6, 1986.
DESCRIPTION & CONDITIONS:
On February 20, 1986, staff held a joint workshop meeting with
the Board of County Commissioners and the Planning and Zoning
Commission regarding methods for protecting additional trees
through the site plan review process. After discussion of the
issue, the members of both Commissions directed staff to amend
the County off-street parking and loading ordinance in a manner
which would save some desirable trees.
On June 26, 1986 the Planning and Zoning Commission, in a 3-0
vote, voted to recommend approval of the proposed ordinance
amendment to the Board of County Commissioners subject to staff
revision or deletion of one of the ordinance's performance
standards. That performance standard has been deleted in the
current ordinance proposal.
ALTERNATIVES & ANALYSIS:
The proposed ordinance amendment allows for. a reduction of
required parking spaces at one space for each protected tree up
to a maximum of ten percent of the total number of required
spaces. To receive this reduction, the applicant must meet the
following performance standards:
1) The off-street parking area shall contain a minimum of ten
(10) parking spaces;
2) The applicant shall agree to replace each protected tree
with a parking space in the event of the death or removal
of such trees used for parking space reduction.
The proposed ordinance amendment provides for Planning & Zoning
Commission review and -authorization of all parking space
reductions based upon protection of trees.
RECOMMENDATIONS:
Staff recommends that the Board of County Commissioners adopt
the proposed ordinance.
45
AUG 6 1966
L_
BOOK 65 FnUE 316
i
AUG 6
1966BOOK 65
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously closed
the public hearing.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously adopted
Ordinance 86-56 amending Sec. 24 of the Zoning
Code as described above.
ORDINANCE NO. 86- 56
ANu ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 24: OFF-STREET PARKING AND
LOADING REGULATIONS, OF APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE,
PROVIDING FOR LIMITED REDUCTION OF REQUIRED
PARKING SPACES FOR THE PROTECTION OF •TREES:
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA that;
SECTION 1
A new paragraph, Section 24(b)(8) Appendix A of the
Code of Laws and Ordinances, Indian River County is hereby
created and shall read as follows:
(8 ) The number of r
where a pr•
the Count,
within the
spaces sha
to a maximi
of requix
following :
to
ired parki
:ree on a c
tree protection
arking area.
be one space
of ten percen
parkinq sr
ts:
3 spaces may
ven site, as
ordinance,
The allowable r
be reduced
defined by
.s located
duction of
for each protected tree up
(10%) of the total number
aces after meeting the
1) the off-street parking area shall contain a
minimum of ten (10) parking spaces;
2) the applicant shall agree to replace each
protected tree with a parking space in the event
of the death or removal of such trees used for
parking space reduction.
The Planning & Zoning Commission shall review and
authorize all parking space reductions based upon
protection of trees.
46
SECTION 2
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of
the Board of County Commissioners of Indian River County,
Florida which conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict. All Special
Acts of the legislature applying only to the, unincorporated
portion of Indian River County and which conflict with the
provisions of this ordinance are hereby repealed to the extent
of such conflict.
SECTION 3
CODIFICATION
The provisions of this ordinance shall be
incorporated into the Code of Laws and Ordinances of Indian
River County and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to
accomplish such purpose.
SEVERABILITY 0
If any section, subsection, sentence, part thereof,
paragraph, phrase, or word of this ordinance is for any reason
held to be unconstitutional, inoperative or void, such holdings
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.
EFFECTIVE DATE -
The provisions of this ordinance shall become
effective upon receipt from the Florida Secretary of State of
official acknowledgment that this ordinance has been filed with
the Department of State.
47
Boob 65 Pltu 318
AUG 6 1986
BOOK 65 F,�GE319
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 6th day
of August
, 1986.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By: c_ -
Don
Don C. Scurlock, Jr.
Chairman
AMENDMENT TO TREE PROTECTION ORDINANCE
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
a
VERO BEACH PRESS -JOURNAL
Published Daily
NOTICE OF PUBLIC NEARING
Vero Beach, Indian River County, Florida
TO CONSIDER THE
ADOPTION OF A COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN that the Board ar
County CommissiOnars of Indian. River County,
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Florida, shall hold a public hearing at which par-
ties in Interest and citizens shall have an oppor-
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 dail a ublished
news
I
tunny to be heard, in the County Commission
Build -
Com" of the County Administration Build
Vero Beach,,
Y P Per P
I
IN. located at 1840 25th Street,
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
Florida, on Wednesday, August 6,1986, at 9:15
a.m. to consider the adoption of an Ordinance
a
l
entitled:
AN ORDINANCE' OF INDIAN " RIVER
COUNTY, FLORIDA, AMENDING CHAP=
TER 23% OF THE CODE OF LAWS AND
ORDINANCES, KNOWN AS THE TREETECTION' -
in the matter of Cy
INC OR A REV SEID DEFINITION OF.
LAND CLEARING AND ESTABLISHING
A DEFINITION FOR WOODY PLANT -,
VEGETATION; AMENDING - SECTION
VEGETATION;
23V,7(A) TO ALLOW FOR THE EXEMP-
TION OF LAND CLEARING UNPRO-;. _
in the Court wasub-
TECTED VEGETATION FOR THE PUR-
POSE OF VEHICULAR ACCESS FOR, -
SOIL TESTING: AMENDING PERMIT RE-, . _-
NEWAL CRITERIA: AMENDING DETER-
lished in said newspaper in the issues of
i
MINA-noN OF PROTECTED AREA:,
CREATING SECTION 23Y2-1 TO ...
ALLOW FOR THE ISSUANCE` OF
AFTER -THE -FACT PERMITS UNDER- '
CERTAIN CIRCUMSTANCES: AMEND.` :'
ING SECTION 23'/e-20, '-EFFECTIVE
AND R R
Affiant further says that the said Vero Beach Press Journal is a newspaper published at
I OAE;
FTCONFLICTI GWPROVISIDING ONS. CODIL
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
FICATION,SEVERABILITY. AND EFFEC- _
been continuous) y published in said Indian River County, Florida, each daily and has been
TiVE DATE.— _
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
I A copy of the proposed ordinance is available
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
i at the Planning Department office on the second
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporatiog any discount, rebate,
floor of the County Administration Building:
I. Anyone who may wish to appeal any decision
need to
commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
which may be made at this -meeting w311
, ensure that a verbatim record of the proceedings
is made, which includes testimony, and evidence
Sworn to and subscribed befor met day of A.D. 19
upon which the appeal Is based.,
Indlan River County
Board of County Commissioners
By -s- Don C. Scurlock, Chairman
4uty:17; 29,19
t )Musiness Manager)
kjL
(Clerk of the Circuit CCourt,#qhian River County, Florida)
(SEAL)
Planner DeBlois reviewed the staff's recorrrnendation of
adoption of the proposed ordinance:
48
TO: The Honorable Members DATE: July 7, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: AMENDMENT TO THE COUNTY
TREE PROTECTION ORDINANCE
or SUBJECT:
Robert M. Keati , A
Planning & Devel pmeirb Director
THROUGH: Art Challacombe
FROM:Chief, Environmental P1anrgt�ERENCES:
Roland M. DeBlois t-{ F' Tree Prot.
Staff Planner RMt> DIS:ROLAND
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on August 6, 1986.
DESCRIPTION AND CONDITIONS:
Subsequent to a directive from the Board of County Commission-
ers, staff conducted a workshop on April 17, 1986 to inform
developers and land clearers in Indian River County of Tree
Protection Ordinance requirements, and to address any questions
or concerns regarding the ordinance.
The following issues and concerns were brought to Staff's
attention as a result of input from the Board of County Commis-
sioners and those who attended the workshop:
- The Tree Protection Ordinance definition of "land clearing"
could be more precisely defined to minimize confusion as to
what constitutes land clearing and therefore requires a
permit;
- New applications and associated fees should not be required
for permit renewals, provided renewal occurs prior to
expiration of the initial permit, unless site conditions have
changed substantially;
- Land clearing for the purpose of vehicular access to perform
soil tests should,be exempt from permitting;
- After -the -fact Tree Protection Ordinance permits should be
obtainable for a cost of three (3) times the amount of the
normal permit fees, provided the activities were performed in
accordance with permit issuance criteria;
- The Tree Protection Ordinance should be amended to allow for
more flexibility in its requirement of a five (5) foot
radius protected area, to encourage efforts to save trees in
circumstances where a five (5) foot radius is not achieva-
ble; and
Wording in Section 20 of the original ordinance (no. 83-41),
pertaining to exempted site plan and subdivision projects
approved prior to the effective date, is unnecessary and
confusing and therefore should be deleted.
Staff is proposing to amend the Tree Protection Ordinance to
address the referenced concerns. On June 26, 1986, the Planning
and Zoning Commission voted to recommend approval of the
proposed ordinance amendment to the Board of County
Commissioners.
49
AUG 6 1996
BOOK 65 pn,,L ,1�0
0 J86 BOOK 65 PACE 321
ALTERNATIVES AND ANALYSIS:
The proposed ordinance amendments serve the purpose of: (1)
clarifying certain sections of the ordinance to minimize need
for interpretation; and (2) cutting down on administrative
requirements, while maintaining the integrity and intent of the -
Tree Protection Ordinance.
RECOMMENDATIONS:
Staff recommends that the Board of County Commissioners approve
the proposed ordinance amendment for adoption.
Commissioner Bird noted that we haven't had any violations
lately and wondered if we are beginning to accomplish something
with our tree protection ordinance.
Environmental Planner Challacombe believed that we are,
especially since word has gotten out about the fine set for the
Amdeco violation.
Commissioner Lyons inquired what limitations we have on the
clearing of paths as a path is not necessarily straight.
Planner DeBlois advised that the ordinance specifies that it
would have to be unprotected vegetation that would be removed,
and there is also a limitation of 4' width for a path and 10' for
vehicle accesses.
The Chairman asked if anyone present.wished to be heard, and
there were none.
ON MOTION by Commissioner Wodtke, SECONDED by Com-
missioner Lyons, the Board unanimously closed the
public hearing.
MOTION was made by Commissioner Lyons, SECONDED by
Commissioner Bird, to adopt Ordinance 86-57 amend -
the Tree Protection Ordinance as proposed by staff.
Commissioner Bowman had a question about the wording
"activities governed by tree removal" and believed it should
state that is governed by permits for tree removal.
50
M
Commissioner Bird noted that this phrase goes on to state
permits, but Commissioner Bowman believed this is stated in the
wrong order and that permits should come first.
Commissioner Bowman next discussed the wording on Page 3 of
the proposed ordinance where it states "Such body may also
require such restorative measures." She felt it should say
somewhere "No mitigation shall be allowed with respect to
violations of well established mangroves, sand pines, historic
and/or specimen trees." Commissioner Bowman emphasized that
mitigate means lessen the damage, and there is no way you can
mitigate for the removal of such trees; they cannot be replaced.
Commissioner Bird felt mitigate can also mean restitution,
but Commissioner Lyons felt we don't want to be in the business
of selling historic trees.
Director Keating felt in this case we are looking at someone
already violating the ordinance and whether or not we want to
make them do some kind of replacement in addition to the fine.
Commissioner Bowman stated that rather than mitigation, we
should call for replacement.
Commissioner Bowman further noted that she saw no reference
6,
to the drip line, and Director Keating felt when it is required
that a 5' or drip line area be protected, we end up losing more
protected trees because if they can't meet that requirement, they
take the tree out. That is why staff is trying to provide more
flexibility by reducing the area around the tree that would have
to be protected.
Commissioner Bowman believed we need another ordinance. She
was extremely concerned by what they have done to the vegetation
on the east side of A -1-A in Brevard County and feared the same
thing is happening at the north end of our county because people
are completely careless about the native vegetation. They dig it
out and and plant lawns, and we have a water problem on the
barrier island in that area. She stated that she would like to
have an ordinance drafted that would not allow anyone to take out
51
BOOK 65 PAGE o�?�
FF"-.�UG 6196
BOOK 65 FAUE.?;3
one bit of native vegetation up there except where the foundati-on
slab is going to be and possibly a bit of leeway around the
edges.
Director Keating understood her concern. He did not believe"
our ordinance has protected trees and understory to the extent we
had hoped, but he felt we are treading a thin line between allow-
ing people adequate use of their property and protecting the
vegetation.
Commissioner Bowman enumerated a list of trees that we do
not even have on our protected list, including sea grape and
eugenia, and felt we should do something about them. -
Commissioner Lyons felt we possibly should have a special
ordinance for that area, and Commissioner Bowman agreed that was
absolutely necessary.
Chairman Scurlock felt that this would indepth drafting, and
we cannot do that today. He suggested we deal with the ordinance
proposed today and then have a Motion re an additional ordinance.
THE CHAIRMAN CALLED FOR THE QUESTION on the
Motion to adopt Ordinance 86-57. It was voted
on and carried unanimously.
ON MOTION by Commissioner Bowman, SECONDED by Commis-
sioner Lyons, the Board unanimously authorized staff
to draft a special ordinance to protect native vege-
tation in the area between A -1-A and the ocean where
we are short of water.
52
r■�
r
INDIAN RIVER COUNTY ORDINANCE NO. 86- 57
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING CHAPTER 23J OF THE CODE OF LAWS AND
ORDINANCES, KNOWN AS THE TREE PROTECTION ORDINANCE;
AMENDING THE DEFINITION OF LAND CLEARING; AMENDING
PARAGRAPH 23J -7(A) TO ALLOW FOR THE EXEMPTION OF
LAND CLEARING UNPROTECTED VEGETATION FOR THE
PURPOSE OF VEHICULAR ACCESS FOR SOIL TESTING;
AMENDING PERMIT RENEWAL CRITERIA; AMENDING
DETERMINATION OF PROTECTED AREA; CREATING PARAGRAPH
23J -16(B) TO ALLOW FOR THE ISSUANCE OF AFTER -THE -
FACT PERMITS UNDER CERTAIN CIRCUMSTANCES; DELETING
SECTION 23J-20, EFFECTIVE DATE; AND PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS, CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA that:
SECTION 1
Paragraph 231-5(g) is hereby amended as follows:
Section 23}-5. Definitions.
* t
g) Land clearing: The remeye-l--or grubbing, by any
means, of any type of vegetation from land not including,
however, activities governed by tree removal or mangrove
alteration permits.
SECTION 2
Paragraph 23J -7(a) is hereby amended as follows:
Section 23J-7. Exemptions.
Notwithstanding anything to the contrary in this
ordinance, the following activities shall be lawful without
application for or issuance of a tree removal or land clearing
permit. None of these exemptions shall apply to any mangrove,
dune vegetation, specimen or historic tree, unless otherwise
stated below. The burden of proving entitlement to any
particular exemption shall lie with the person claiming use of
the exemption, in the event the exempted activity ever becomes
subject to an enforcement proceeding.
(a) The l4:ffli- ted- -prtxri g--arid- -t-L-iirtminng removal, trim-
ming, pruning or alteration of any unprotected tree or other
vegetation as necessary for:
CODING: Words in strhek-threugh type are deletions from existing
law; words underlined are additions.
53
BOOK un 5 Fra„iE 3 i,?4
r
.AUG
BOOK 65 rni.92
(1) The clearing of a path not to exceed four (4) feet
in width to provide physical access or view
necessary to conduct a survey or site examination
for the preparation of subdivision plats, site
plans, or tree surveys; or
(2) The clearing of a path not to exceed ten (10) feet
in width to provide vehicular access necessary to
conduct soil percolation and/or soil bore tests on
a property, provided such clearing or removal is
conducted under the direction of a Florida
registered surveyor or engineer.
SECTION 3
Paragraph 23J -11(d) is hereby amended as follows:
(d) Any permit issued hereunder shall remain valid for
a term of dix (6) months and may be renewable for a second six
(6) month period upon request to the Environmental Planner,
provided said request occurs prior to the expiration date of the
initial permit. The Environmental Planner may require -
reapplication and full review in those renewal cases where site
conditions have changed substantially from the date of issuance
of the initial permit as a result of natural growth of trees and
vegetation, or high winds, hurricane, tornado, flooding, fire, or
other act of God. If a permit required by this ordinance has
been issued concurrently with site plan or subdivision approval,
then such permit shall run concurrently with the site plan or
subdivision approval and shall be renewed together therewith.
SECTION 4
Section 231-12 is hereby amended as,follows:
The Environmental Planner shall review each
application, and may inspect each site, for the purpose of making
a determination as to the appropriate protected area to be
designated for those protected trees on a given site. The
protected area shall be established based upon consideration of
the species, age, size, condition of the tree, or soil condition,
topography, means of protective barrier proposed, or other
relevant criteria, and shall be established for the purpose of
54
M . 10
protecting the roots and trunk of a protected tree both during
and after construction. In no event shall the protected area be
less than an area measured five (5) feet radially from the center
of the tree at its base unless expressly determined by the
Environmental Planner that a smaller specified protected area may
SECTION 5
Section 231-16 is hereby amended as follows:
(a) A violation of any provision of this ordinance
shall be punishable upon conviction by a fine not to exceed FIVE
HUNDRED DOLLARS ($500.00), or by imprisonment in the County jail
up to sixty (60) days, or both such fine and imprisonment. The
destruction or alteration of each tree or plant under this
ordinance shall be considered a separate offense. The destruction
of an historic or specimen tree, mangrove, or any -dune
Vegetation, contrary to this ordinance shall receive the maximum
penalty provided by law. Any violation of this ordinance is also
subject to prosecution before the Indian River County Code
Enforcement Board in accordance with applicable law and subject
to penalties allowable under the Code Enforcement Board
Ordinance. In addition to either of the foregoing remedies,
the County or any aggrieved party having a substantial interest
in the protections provided by this ordinance may apply directly
to a court of competent jurisdiction for mandatory or prohibitive
injunctive relief. In any enforcement proceeding, the
adjudicating body may consider mitigating measures voluntarily
undertaken by the alleged violator such as replacement or
relocation of trees or vegetation, or other landscaping
improvements, in fashioning its remedy. Such body may also
require such restorative measures.
(b) Permits required by this ordinance may be obtained
after -the -fact for land clearing, tree removal, and manqrove
alteration activities, upon determination by the Environmental
Planner that such activities were performed in accordance with
permit issuance criteria specified in Sections 23}-8 and 231-9
The fee for an after -the -fact permit shall be three (3) times the
55
AUG 6 R0
�U ` 9,6
BOOK Dz) FnAV
amount of the normal administrative fee as provided for in
Section 23J-11 (a) (6) .
nL+nmT�*� r
Section 23}-20 is hereby deleted.
Seetien-23}-297-Bifeetive-Bate
Th4:9--shall --becom�--ef'feetlye--as--1aw--vfk--the
-18th- -the -4ante-rtrf--reee-1pt--o-€-aekaewledge -
men t---rofft--•byre a-f-erd-
inaaee . Any- gr-o-j-eet-4has--treee-ived--f -p-lrw --,&r
a"bdjyjsjea-r-1--p-r6io-r--te-t4re--a€€eciti-,f e,-date -frf--t*i9--erdi-
mane e-sha4 a- rs-i--eftemp -€mom-rt-& ,--with-the
exeegt4:en--.&€-i&arrgr-ove--alae-ret3em--si---retmyup�lr- t is mitis--whieh
-a4:-1 epi--ae#_y-v-i-t -meg-i�rrri�rg--os -the
e�teet�*ae-date-he�ee�-
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida -
which conflict with the provisions of this ordinance, are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 8
CODIFICATION
The provisions of this ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate work, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 9
SEVERABILITY
If any section, part of a sentence, paragraph, phrase
or word of this ordinance is for any reason held to be unconsti-
tutional, inoperative or void, such holdings shall not affect the
56
ORDINANCE NO. 86- g 7
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.'
SECTION 10
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 6thday of
August , 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By C
DON C. SCURLO K, JR.
Chairman
ORDINANCE AUTHORIZING ALCOHOLIC BEVERAGES AT COUNTY GOLF COURSE
The hour of 9:45 o'clock A.M. having passed, the Deputy
81
Clerk read the following Notice with Proof of Publication
attached, to -wit:
57
AU6
BOOK 65 I lu ,398
1 10
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter ofWzll,, 40zkw:d=
49,
in the
lished in said newspaper in the issues of
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian Riven 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 subscribAd be re me 's day of A.D. 19
• j (�ugln;Wager)
(SEAL) (Clerk of the Circuit Court, Indian River County, Florida)
BOOK 65 PA'UF ?9
PUBLIC NOTICE
e Board of County Commissioners of Indian
River County, Florida, will conduct a Public
Hearing on. Wednesday, August 8, 1998 at 9:45
a.m. in the Commission Chambers at 1840 25th
Street, Vero Beach, FL 32980, to consider the
adoption of an ordinance entitled: .-
AN ORDINANCE OF INDIAN RIVER
COUNTY AUTHORIZING SALE AND, s
CONSUMPTION OF ALCOHOLIC,
BEVERAGES AT THE INDIAN, RIVER
COUNTY SANDRIDGE GOLF CLUB;
PROVIDING FOR INCORPORATION IN
' CODE, SEVERABILITY, AND EFFEC-
TIVE DATE.
If any person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that q verba-
tim record of the proceedings is made, which
record Includes the testimony In evidence on
which the appeal is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
DON C. SCURLOCK, JR., CHAIRMAN
July 14,1998
13�
Commissioner Bird noted that staff has been researching what
we can and can't'do in the golf course area, but he felt this is
needed.
The Chairman asked if anyone present wished to be heard.
Burdette Doctor, Pastor of the Winter Beach Baptist Church,
came before the Board to express his opposition,, to the sale and
consumption of alcoholic beverages at this site. He felt
statistics make it clear that alcohol and the use of it is
probably the number one menace in our society, and due to this
being a County owned building, he felt we should stay with the
guidelines we have for regulating our beaches, etc.
It was determined that no one else wished to be heard.
58
e
�]
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously closed the
public hearing.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously adopted
Ordinance 86-58 authorizing the sale and consump-
tion of alcoholic beverages at Sandridge Golf Club.
ORDINANCE NO. 86- 58
AN ORDINANCE OF INDIAN RIVER COUNTY
AUTHORIZING SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT THE INDIAN
RIVER COUNTY SANDRIDGE GOLF CLUB;
PROVIDING FOR INCORPORATION IN CODE,
SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE, be it ordained by the Board of
County Commissioners of Indian River County as follows:
Q ter -:-1 nKi
SANDRIDGE GOLF CLUB
m
Notwithstanding the provisions of Section
174-4.(b)(28), the sale and consumption of alcoholic
beverages shall be permitted at the Indian River County
Sandridge Golf Club. The sale of such alcoholic beverages
shall be permitted only by the vendor authorized by Indian
River County to sell alcoholic beverages at the Sandridge
Golf Club. No person other than the authorized vendor shall
bring alcoholic beverages into the Sandridge Golf Club.
SECTION 2.
INCORPORATION IN CODE
This ordinance shall be incorporated into the Code
of Ordinances of Indian River County and the word
"ordinance" may be changed to "section", "article", or other
appropriate word and the sections of this ordinance may be
renumbered or relettered to accomplish such purposes.
59
AUG�� 6 Boa FA �� 330
AUG 6 197
BOOK 65
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 receipt
from the Secretary of State of the State of Florida of
official acknowledgment that this ordinance has been filed
with the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 6th
day of _ August
1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
BY _1i�
ORtL C i
Chairman
DISCUSSION DOUGLAS SCHOOL
Ervin Cartwright, Vice President of the West Wabasso Civic
Club, came before the Board in regard to their request for
permission to remodel the Douglas School Cafeteria for public
assembly. He noted that this is not the first time this has been
before the Board, and since the E.O.C. doesn't have enough funds
to start doing anything, the Civic Club would like to be able to
do something rather than have the cafeteria deteriorate any more.
He noted that this facility could be used by the entire North
County and also help out the firemen and give them a place for
their meetings.
60
Commissioner Bird believed the agreement we had was that the
E.O.C. was going to come up with some money and do some part of
the school, but apparently the Civic Club wants to proceed with
their part on their own. He asked if they have the money to make
the renovations and for supervision and maintenance.
Mr. Cartwright stated that they have some money, but it is
budgettime when.the Board distributes money and he felt if they
can give money to high officials who leave, they can contribute
something to this building.
Commissioner Bird believed we have a lease arrangement for
the Roseland Community Building, and Acting Administrator Thomas
confirmed that we do and with Rockridge also.
Commissioner Bowman felt Roseland just about broke even
on their lease arrangement.
Chairman Scurlock believed we should follow that same
approach. He suggested that we authorize the County Attorney to
structure a lease agreement with the West Wabasso Civic Club on
the same lines as the Roseland lease, and obviously the things
needed must be done before the building can be occupied.
Mr. Cartwright stated that he would like to have information
41
as to how they operate the Roseland facility.
Commissioner Lyons referred to the following estimate
prepared by Lynn Williams, Buildings Superintendent, in July of
1985, and wondered if those improvements are ones that would be
approved by the Planning & Development Department.
s 1sooK 65 Fay 339
L— AUG 6 19086
AUG 6 1986 Boa 65 FKU IPS
TO: Mike Wright DATE: July 2, 1985 FILE:
County Administrator
Thru: Sonny De Douglas School
General Sery Director SUBJECT: Cafeteria Rehabilitation
AFROnny Williams
superintendent REFERENCES:
Buildings & Grounds
Staff was requested to investigate requirements for conversion of the
Douglas School Cafeteria for use as a public assembly building. the
investigation included discussion with the County's Planning Staff,
Building Department Officials and Indian River County Environmental
Health Staff. The following is an outline of needed changes, repairs
and additions to the site and building as -required for its intended
use:
I. Site Work
TheeCafeteria was considered as a separate building and,
therefore, a separate site for the purpose of this
investigation.
a. Parking - a total of 18 spaces inclusive of 1 handicapped
space, would be required, this is based on 1 space per 200
square feet of building served (Total of approximately 3,500
square feet). Considering the building use as infrequent
(not daily), spaces would not require pavement. Sod over
stabalized base would be acceptable.
b. Landscaping - minimal landscaping would be required in
the parking area. Installation of five (5) trees and
shrubbery for hedges along the road right-of-way are the
expected additions. A sidewalk from the parking area to the
present entrance, approximately 75 feet by 4 feet wide will be
required.
C. Signage -. Proper entrance and exit signs for the parking
area and handicap spaces will be required.
d. Fencing - An entrance gate would be required in the
existing fencing to allow direct entrance from the parking
area.
e. Site Plan Approval - limits of development should be set
for the area of the cafeteria defining the area to be
considered for minor site plan approval.
II. Building Alterations
a. Water - A water source for the bathrooms must be provided.
An existing well is on site. However, for.the purposes of
serving the Cafeteria alone, it will be more economical to
install a new well, pump and tank. The existing well would
-fall within 75 feet of a proposed septic tank drainfield.
b. Sewage - The building is presently served by a grease
trap/septic tank. The effluent is discharged into a lift
station and transferred to a package sewer treatment plant on
the north end of the property. Considering the proposed use
of the building and the cost of repairing, operating and
62
.4
maintaining the treatment plant, staff feels it is more
economically feasib].e -o provide an elevated dr-ainf ield for
the existing supLic sy�:.Lwrl.
C. Additional Restroom - one additional rest room, handicap
equipped, will be requ.iro w_.thin the cafeteria building.
The existing restroom :�:Z�r_;1 " be modified if possible to meet
handicap requirements.
d. Repairs to existing Plumbing - the kitchen area of the -
building will require minor repairs to the existing plumbing
before water could be pr,:,v__dedl for the rest rooms.
e. Electrical - .Existing lighting and electrical outlets are
adequate for the intendec: U -se. A new main breaker and
separate meter will be required to provide electrical service
to the hu i Id ing. 'Where pro twn existing ulectr_ ical panels,
however, serves prim, rily the. former kitchen area and
would not be required for the main meeting room. Additional
electricity would be required in the rest rooms and to
provide for the water pump operation. Entire electrical
system must be upgraded to reflect National Electrical Code
requirements.
f. Heat - No heat is available presently, and is riot
required by code.
The items above reflect requirements for use of the building on an
infrequent or intermittent basis and only as a public assembly
building. These requirements would not cover use on a daily basis or
for purposes other than meetings (i.c.-food preparation). More
stringent guidelines exist for additional uses.
Listed below are the projected costs for each of the items outlined -
above:
I. Site Work
a) Parking -
$1800
b) Landscaping
- $1500
c) Signage -
$ 100
d) Fencing -
$ 250
e) Site Plan -
$ 125
TOTAL $3775
II. Building Alterations
a) Water Source - $1450
b) Sewage - $3000
c) Restroom - $1500
d) Repairs - $ 250
(Plumbing)
e) Electrical - $1500
f) Heat - N/A '.
TOTAL $7600
I feel I should stress the possibility of unforseen
conditions
additional requirements that may become necessary upon
or
site plan
,approval or Building Department.inspections. I have
not included
costs for surveying or layout of the area as it was
unclear if this
was necessary. My projections are based on the best
information
avai.Jab.le and do not. include c.;ozincti-c r( pairs o.r' m,ri.nt0r),in
such as windows, doors,
u, repili r.s
or paint.
63
L_'AUG 6 1986 BOOK
Fr -AUG, 6
190
BOOK 65 Pr!,E ,
Commissioner Bird believed the lease would have to read that
the building would be operated and maintained in accordance with
local regulations.
Chairman Scurlock agreed, but expressed his opinion that it
would cost between $15-20,000 to meet the minimum requirements.
Commissioner Lyons felt some of the things listed can be
done with community effort.
Commissioner Bird suggested we specify some reasonable time
period for them to bring the building into a usable condition,
and after discussion, it was generally agreed to set it at a
year.
Commissioner Wodtke believed Mr. Cartwright is talking about
using this cafeteria just for public assembly and pointed out
that if they want to use the kitchen facilities, it will require
more extensive repairs, including the sewage system.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously authorized
staff to work with Mr. Cartwright and the County
Attorney to draw up a proposed Lease and bring it
back to the Commission for final action.
CHANGE OF OWNERSHIP - RIVER BEND FRANCHISE TO CORALSTONE CLUB
The hour of 10:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
64
VERO BEACH PRESS -JOURNAL
Published Weekly
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 weekly newspaper published
at Vero
Beach in Indian River County, Florida; that the attached copy of advertisement, being
a U c r n
in the matter of
In the Court, was pub.
lished in said newspaper in the issues of 44!2��1 ' / 7 1 fO
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; 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 adver-
tisement for publication in the said newspaper.
i
Sworn to and subscribed efore a thi day of 1'2,,1v A.D.`' � 't C
e I
I ' / L,�— �� 1n. •� ss
(Business
Manager)
(SEAL) (Clerk of the Circuit Court, Indian River County, Florida)
,or= OF Filme
The Indian RIW County Boar 91 County Cm shite ant oaf tx.".:
Mang On August i
1888 at 10:15 Ash, In the Commgalon Chambers Ideated at 1.%-.-s
%t awl
Wnsider grantin a wastewater syete n franchise to Consolidated Vi
dbe Coralstone Club lltilhy Company, wastewater system Franchise. epeny located non
of Indian River Shores on AIA and south of SR510 running from Atlanrpi0aan to gw Indian Rini
(ase map below). - q:thim .
`- may°
- 3.� tmrsma ale LTatn aWor
z- by t0 i a
f
t4g0a5i p%avusme ale UralR @PA°n � ���
sin uxv.mam vm°tgamen�snmi "\ no
xi)0=0vaa1mr
All Interested persons m invited to Ihls . It eery Person deer ,..to appeal cry daemio
made by Ne Board of County Commiasionare cal rasped to airy manoarleldered at"mee
ed
ing, he/she will nea record of the proceedings, and that for such p Mrshe may need t
ensure that a verbatim record Includes the testimony and evidence upo appeal is to be heard.
Con C. Scurlock, Jr., Chairman
Indian River County ..
Board of County Commissioners
July 25, 26. 28.1886 ? .- I l: ti. .
M
The Board reviewed staff memo, as follows:
TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 21, 1986
THRU: L.S THOMAS, ACTING ADMINISTRATOR
VIA: ERRANCE G. PINTO, DIRECTOR OF UTILITY SERVICESI'�V
FROM: LISA M. ABERNETHY, FRANCHISE ADMINISTRATOR-YA,
SUBJECT: CHANGE OF OWNERSHIP, RIVER BEND FRANCHISE
TO CORALSTONE CLUB FRANCHISE
BACKGROUND:
River Bend Franchise resolution 82-60 was accepted on July 8, 1982.
Since that time franchise fees and franchise compliance has not been
fulfilled.
Consolidated Vista Development Corporation has requested a change in
ownership and a name change of franchise. They have also agreed to
comply with all requirements outlined within the new franchise
resolution which has been accepted and is attached hereto.
65
i
Bm. 6 5 f; F 3,136
4
FF"_ I
AUG 61986 BOOP( 5Irvu
-F 337
RECOMMENDATION:
The Utility staff recommends that the Board of County Commissioners
accept and approve the change in ownership and name change of the
Florida Land Company, River Bend Utilities to the Consolidated Vista
Development Corporation, Coralstone Club Utility Company, by means --of
public hearing. The new utility franchise will have thirty (30) days
in which to bring the franchise up to date.
Chairman Scurlock advised that Florida Land sold their
property, and the Coralstone Club purchased it and is looking to
transfer the franchise. We want the franchise brought up to
current standards.
Assistant Utilities Director Barton reported that the old
franchise was never activated, and in the course of the name
change, the franchise was brought up to current standards.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously accepted the
staff recommendation to approve the change in ownership
and name change of the Florida Land Company, River Bend
,Utilities, to the Consolidated Vista Development
Corporation, Coralstone Club Utility Company and adopted
Resolution 86-49, Coralstone Club Utility Company Waste-
water System Franchise.
66
RESOLUTION NO. 86-49
FRANCHISE AGREEMENT BETWEEN
INDIAN RIVER COUNTY
AND
CONSOLIDATED VISTA DEVELOPMENT CORPORATION
This Franchise Agreement dated this 6th day of August ,
1986, by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, 1840 - 25th Street, Vero Beach, Florida 32960,
(305) 567-8000, (hereinafter referred to as "County") and
Consolidated Vista Development Corporation (hereinafter referred to
as "Utility")
WITNESSETH: That for and in consideration of the premises and
other good and valuable consideration, it is hereby
RESOLVED by the Board of County Commissioners of Indian River
County, Florida, that:
SECTION I
This Resolution shall be known and may bg cited as the
CORALSTONE CLUB UTILITY COMPANY WASTEWATER SYSTEM FRANCHISE.
SECTION II
DEFINITIONS
For the purpose of this Resolution, the Following terms, phrases,
words, and their derivations shall have the meaning given herein.
(a) "County Engineer" may be "County Administrator or County
Utilities Director".
(b) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
RESOLUTION 86-49 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITS ENTIRETY.
67
�AUG
61986
BOOK. F�;ro
AUG 6 1986 BOOK 65
A rr
PRESENTATION RE SPOIL ISLAND RESTORATION OF COASTAL HAMMOCKS
Brian Barnett of the Florida Fresh Water Game and Fish
Commission brought the Board the following proposal:
ESTABLISHMENT OF NATIVE HAMMOCK VEGETATION ON SPOIL SITES
DOMINATED BY AUSTRALIAN PINE
Proposal
The Office of Environmental Services of the Florida Game and
Fresh Water Fish Commission (GFC) proposes to plant native trees and
shrubs characteristic of subtropical coastal hammocks on several
county -owned sites containing dredge spoil and currently vegetated with
Australian pines. The GFC would provide transportation to the suppliers,
and all labor associated with planting and monitoring. Indian River
County would purchase the seedlings using funds generated by tree
ordinance violation fines.
Background and Purpose
The coastal hammocks of Indian River County provide excellent
wildlife habitat, however, they are also highly desirable as "people
habitat" and are being lost to residential development. Conversely, the
near monoculturel growth of Australian pine found on many dredge spoil
sites provides relatively poor wildlife habitat.
A GFC study plot to determine the feasibility of planting hammock
vegetation on spoil sites dominated by Australian pines has been highly
successful. Since many of these spoil sites are on public lands and can
be protected from development, a unique opportunity exists for upland
habitat enhancement.
A principal factor in the lack of ecological succession on spoil
sites dominated by Australian pine is the lack of an adjacent seed
source. Where hammock and spoil are juxtaposed, hammock vegetation
readily invades the Australian pine community. By planting areas of
hammock vegetation within a spoil site, a proximal seed source is
established, greatly accelerating the long-term succession from
Australian pines to a coastal hammock community.
Planting Sites
Three sites on county property have been selected. Seedlings
would be planted from 2 -inch square lines at a density of approximately
1,700 trees per acre (5 -foot centers). The sites are as follows:
Round Island - 2 sites, 1 acre and 1/3 acre - 2,260 trees
Little Round Island (east of R.I.) - 1 acre - 1,700 trees
Wabasso Island - 2 sites, total nearly 3/4 acre - 1,240 trees
Planting on the Wabasso Island sites would be coordinated with
the site plan for the Pelican Island Audubon Society's nature center.
Species
Thirty-five species of trees and shrubs would be planted, with a
total of 5,200 seedlings on the three sites. The species are as follows:
sweet acacia
coral bean
blolly
torchwood
inkwood
cat's claw
marlberry
white stopper
wild coffee
gumbo limbo
Spanish stopper
live oak
tough buckthorn
firebush
white indigoberry
American beautyberry
black ironwood
cabbage palm
Jamaica caper
mastic
soapberry
limber caper
twinberry
saw palmetto
sugarberry
myrsine
paradise tree
fiddlewood
lancewood
necklace pod
pigeon plum
red bay
yellow elder
_ sea grape
Jamaica dogwood
68
r
Suppliers
Three suppliers would be utilized to obtain the full complement
of hammock species. They are:
Plants for Tomorrow
8862 D Lawrence Road 2,650 seedlings
Boynton Beach, F1. 33436 $1,168.50
Florida Keys Native Nursery, Inc.
102 Mohawk Street 1,650 seedlings
Tavernier, F1. 33070 $577.50
Green Images ,
8100 Curry Ford Road 900 seedlings
Orlando, Fl. 32822 $405.00
The total cost for 5,200 seedlings is $2,151.00. The suppliers
curre tly have in stoR ufficient numbers of seedlings for our project,
but tiere is the puss bitty that some species numbers will have tobe
adjusted, based on availability, at the time a purchase order is issued.
This may vary the price somewhat, but probably less than 10% either way.
Follow-up
The GFC would give the County Commission a progress report
approximately one year after the seedlings are planted. This will be the
first phase of a long-range goal to plant coastal hammock species on many
publically owned spoil sites, including some of the islands along the
Intracoastal Waterway.
Mr. Barnett informed the Board that their earlier projects
on the spoil islands were quite successful and some of the trees
are now over 10' tall. He emphasized that the Game and Fish
Commission is interested in this project because it will
significantly enhance upland habitat.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Wodtke, to approve the proposal of the
Florida Game and Fresh Water Fish Commission to
plant seedlings on three county sites and authorize
the expenditure of $2,151 for said seedlings, the
monies to be taken from the Tree Violation Fine
Account per the following budget amendment:
69
L� AUG 6 1906 BOOK 65
TO: Honorable Board of County
Commissioners
FROM: Joseph A. Baird
OMB Director
Boa 65F�+ c
DATE: July 30, 1986 FILE:
SUBJECT:
Budget Amendment
REFERENCES:
Budget amendment in the amount of $2,151 to purchase seedlings for re-
storation of coastal hammocks (spoil sites).
Account Number -Account-Name
Revenue
117-000-354-001.00
Expense
117-210-572-035.34
Tree Ordinance Fines
Landscaping Materials
Increase Decrease
$2,151
$2,151
Commissioner Wodtke commented that last year's freeze
devastated the pines on Memorial Island, and he wondered if
anything could be done about that.
Mr. Barnett advised that they have been approached by the
City in that regard. The City is looking for something larger
than seedlings and they have just recommended more frost
resistant varieties. He noted that the sites they have listed in
their proposal are more protected and have not frozen.
Commissioner Bird inquired if the Game & Fish Commission
ever got into completely removing the pines and doing a project,
and Mr. Barnett explained that if you do that,,you instantly get
a pepper tree forest. Their project creates an understory, and
then the natural production of the pines ceases.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
70
CHANGE ORDER #4 - SR 60 SEWER (FINAL.PAYMENT COASTLINE UTILITIES)
The Board reviewed memo of the Assistant Utilities Director:
TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 29, 1986
THRU: TERRANCE G. PINTO
FROM: JEFFREY K. BARTON
SUBJECT: CHANGE ORDER #4 (FINAL QUANTITIES) AND
FINAL PAYMENT - COASTLINE UTILITIES, INC.
Background and Conditions
Indian River County through its Utilities Division entered into a
contract with Coastline Utilities, Inc. for the construction of. the
Route 60 - Sewer Collection System. This contract has had three
change orders as the work proceeded. Change Order #4 is for final
quantities and an increase of $644.17 to the contract, bringing the
total contract to $1,275,070.88.
Recommendations
County Utilities Staff recommends the
of County Commissioners:
following actions to the Board
1) Approve Change Order #4 for the amount of $644.17
only but not any extension in time.
2) Approve final payment to the Contractor in the
amount of $186,913.26. ($196,115.96 less engineering fees
questioned in the amount of $9,202.70 as outlined in
attachments).
3) Approve the holding of $9,202.70 until the
engineering question and the extension of the time under
change Order #4 are resolved.
ON MOTION by Commissioner Wodtke, SECONDED by Com-
missioner Bird, the Board unanimously approved
Change Order #4 for the amount of $644.17 only, but
not the extension of time; approved final payment of
$189,913.26; and approved the holding of $9,202.70
until the engineering question and the extension of
time are resolved.
71
a
BOOK P{.�'r: =�#
AUG 6 1956 J
rp"-
AUG 6 ISSN
CHANGE IN CONTRACT TIME:
Original Contract Price
I
$ 1,330,377.00
180
8001(
�y
Previous Change Orders No. 1 to No. 3
Net change from previous Change Orders
$ 173,100.00 Added
7
•;
days
CHANGE ORDER
Contract Time Prior to this Change Order
$ 1,275,715.05
187
4
- Final
•
Net Increase (dacwm* of this Change Order
No.
bo
PROJECT
State Road 60
DATE OF ISSUANCE: June
2, 1986
Contract Price with all approved Change Orders
Wastewater Improvements
$1,275,070.88
C
OWNER:
Indian River County
1840 - 25th Street
(Name,
Vero Beach, FL 32960
Address)
U84-2
CONTRACTOR:
OWNER's Project No.
Coastline Utilities,
Inc.
7436 S. Highway One, Ste. 51% ENGINEER: Carter Assoc/WHS
Port St. Lucie, Florida A Joint Venture
CONTRACT FOR: 1708 - 21st Street
Vero Beach, Florida 2130-02
ENGINEER's Project No.
You are directed to make the following changes in the Contract Documents.
Description: Adjustments to Unit and Lump Sum Quantities
a
Purpose of Change Order: Adjust Final Contract Quantities
Attachments: (List documents supporting change) Exhibit "A" and attached correspondence
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIME:
Original Contract Price
Original Contract Time
$ 1,330,377.00
180
days or d to
Previous Change Orders No. 1 to No. 3
Net change from previous Change Orders
$ 173,100.00 Added
7
227,761.95 Deducted
days
Contract Price prior to this Change Order
Contract Time Prior to this Change Order
$ 1,275,715.05
187
days ardata
Neta f (decrease) of this Change Order
Net Increase (dacwm* of this Change Order
bo
$ 644.17
,�S
days
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
$1,275,070.88
C
days or data
RECOMMENDED: APPROVED: .APPROVED:
Steve Shoberger Frank Monte
kM
by ... _ eon by o by,Cc-�
Conuwwr
VC- MOM i946 &B (•1983 Editi'oQ August 6, 1986
Prepared by shs FAMMW loW Coax"" ZoafUWC&............. .....c -- "WaMd py flta AWWWW G==W Comacwrs of America.
72
PURCHASE OPTION - BENT PINE UTILITY COMPANY
The Chairman reviewed memo of Utilities Director Pinto:
TO: Board of County Commissioners DATE: Jul" 28, 1986
THRU: L.S. Thomas, Acting Administrator
FROM: Terrance G. Pinto, Director of Utility Services
SUBJECT: PURCHASE OF BENT PINE UTILITY COMPANY
4
BACKGROUND
The Bent Pint Utility Company Water and Wastewater System
Franchise has acknowledged the seventh year of the franchise
agreement. Resolution 79-111, Section XIV, Escrow Charges states
that 11.., the County after notice from Corporation shall have the
right to purchase the Corporations water and sewer plants... 11 On
June 30, 1986 the Corporation presented the Utility department
with the purchase option notice.
RECOMMENDATION
Utility staff has reviewed the existing franchise agreement and
feel at this time that it is not in the best interest of the
County to purchase the water and wastewater system. Utility staff
asks the Board of County Commissioners to approve the attached
letter notifying the Corporation of the same and for the
Corporation to enter into a new franchise agreement as stated in
Resolution 79-111.
July 28, 1986
0
Bent Pine Utility Company
Mr. James L. Harris
255 S. Orange Avenue
Suite 900
Orlando, FL 32801
RE: PURCHASE OPTION OF THE BENT PINE UTILITY COMPANY
Dear Mr. Harris:
This is to acknowledge the receipt of your letter dated June 30,
1986, regarding the purchase of the Bent Pine Water and Wastewater
System. At this time we feel that it would not be in the best
interest of the County to purchase the system. We will ask that you
file a new franchise agreement with the County as stated in
Resolution 79-111.
Please do not hesitate to contact me at telephone 567-8000, extension
if you have any questions or comments.
Sincerely,
TERRANE
C. PIKT01
Director of Utility Services
73
AUG 6 1905 BooK 65 F,�. c,344
AUG G 1986
Bov 65 FA -UE 345
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Wodtke, to approve the proposed letter
notifying Bent Pine Utility Company that the County
does not intend to pursue its purchase option and
asking that they enter into a new franchise agreement.
Commissioner Wodtke asked about impact fees, and Assistant
Utilities Director Barton advised that Bent Pine collects them
from the people developing the lots. However, those fees do not
come to the county, and that is why the franchise is being
brought up to date.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
OCCUPATIONAL LICENSE ORDINANCE
The hour of 10:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
74
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of
I
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. A
Sworn to and
(SEAL)
A.D. 19
(Clerk of the Circuit Court, Indian
County, Florida)
PUBLIC NOTICE
The Board of County Commissioners of Indian
River County,' Floridai will COaduct a: Public `
Hearing on Wednesday, August 6. 1966 at 1OAS
a.m. in the Commission Chambers at 1840 25th
Street, Vero Beach, 'FL 32960, to Consider the
adoption of an ordinance entitled:
ORDINANCE OF .INDIAN RIVER COUN-
TY, FLORIDA, REPEALING SECTION
51-1, CODE _ OF LAWS AND ORDI-
NANCES OF INDIAN RIVER COUNTY;
CREATING A NEW OCCUPATIONAL LI-
-CENSE ORDINANCE; REVISING OCCU-
PATIONAL -LICENSE TAXES IN AC- '
CORDANCE WITH SECTION205.033
FLORIDA STATUTES; PROVIDING FOR
DEFINITIONS, INCORPORATION IN
CODE; SEVERABILITY AND EFFECTIVE .
DATE
if any person decides to appeal any decision
made on the above matter, he/she will need a
record of -the proceedings, and for such pur--
poses; he/she may need to ensure that a verba-
tim record of the proceedings is made, which
record includes the testimony in evidence on
which the appeal is based.
'INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
". DON C. SCURLOCK, JR., CHAIRMAN
July 19, 1986
Assistant County Attorney Bruce Barkett made the following
presentation:
TO: The Board of County Commissioners
DATE: July 30, 1986
SUBJECT: Occupational License Ordinance
FROM: Bruce BarkettM
Assistant County Attorney
A revised Occupational- License Ordinance is attached for
your consideration. The new ordinance has been reviewed and
approved by the Occupational License Committee, which was
chaired by Tax Collector Gene Morris. The major
modifications to the old ordinance are as follows:
1. Pursuant to Section
the occupational License
flat rate is raised by
$100 or less; by 50% fo
$101 and $300; and by 25
or more.
205.033, Florida Statutes (1985),
tax for those licenses issued at a
100% for those licenses which were
r those licenses which were between
for those licenses which were $301
75
�U
�9�", BOOK 65 P,�Gr.346
BOOR 65 Fr9 l,1`"4
2. Pursuant to the same statute, most licenses levied at
graduated or per-unit rates are increased by 25%. (For
example, restaurants, which pay at a graduated rate
depending upon number of seats.)
3. Contractors; public service businesses; and persons in
the business of manufacturing, processing, quarrying and
mining wi 1 I pay a flat tax under the new ordinance instead
of a graduated tax based upon the number of employees. The
older ordinance was difficult to administer and enforce, and
resulted in payment of the minimum tax by 90% of the
licensees.
4. Telephone companies will pay a per-unit tax based on the
number of customer hookups. Before the breakup of AT&T,
phone companies paid based upon the number of telephones
owned. After the breakup, most people owned their own
phones, resulting in a license tax reduction for phone
companies. The proposed ordinance attempts to restore the
license system to that which existed before the breakup.
5. A license tax exemption for persons selling fish caught
within the county has been omitted. There was no way to
tell where the fish were caught, and no reason was offered
to preserve the exemption.
This ordinance has been placed on the agenda a%this time in
order to insure a September 1, 1986 effective date.
Discussion arose about the financial impact, and
Commissioner Wodtke stated that basically the occupational
license fee is $50 to $60, and as the Attorney said, in some
cases it doubles while in other cases, it only goes up by 500 or
25%. He imagined it would bring in at least $25-30,000
additional. Commissioner Wodtke informed the Board that all
occupational licenses are due and payable October 1st; however,
they collect most of the money in September so we should get some
additional revenue this year which will be cash carry forward.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously closed the
public hearing.
ON MOTION by Commissioner Wodtke, SECONDED by Com-
missioner Bird, the Board unanimously adopted Ordi-
nance 86-59 creating a new occupational license
ordinance.
ORDINANCE NO. 86- S9
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, REPEALING SECTION 15-1, CODE OF
LAWS AND ORDINANCES OF INDIAN RIVER
COUNTY; CREATING A NEW OCCUPATIONAL
LICENSE ORDINANCE; REVISING OCCUPATIONAL
LICENSE TAXES IN ACCORDANCE WITH SECTION
205.033, FLORIDA STATUTES; PROVIDING FOR
,DEFINITIONS, INCORPORATION IN CODE,
SEVERABILITY AND EFFECTIVE DATE.
ORDINANCE 86-59 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITS ENTIRETY.
77
AUG 6 ISSS
eooK H
TABLE OF CONTENTS
Page
Section
1
Repeal of Existing Ordinance
1
Section
2
Purpose and Scope
1
Section
3
Occupational License Required
2
Section
4
Definitions
2
Section
5
Disposition of Taxes Collected;
Municipal License Taxes; Amounts
4
Section
6
Term of License Transfer
4
Section
7
Issuance of License; Compliance
with State Laws
5
Section
8
Making False Statement in Applica-
tion for License
5
Section
9
Issuance of License; Display, Porms,
etc.
5
Section
10
Report of County Tax Collector
6
Section
11
Tax Payable; Delinquent License Tax;
Penalty; Collection Cost
6
Section
12
Method of Collection of Delinquent
License Taxes, Generally; Liens
7
Section
13
Charitable, etc. Organizations;
Occasional Sales, Fund Raising;
Exemption
7
Section
14
Other License Taxes to be in Addition
to the Occupational License Tax
7
ORDINANCE 86-59 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITS ENTIRETY.
77
AUG 6 ISSS
eooK H
Commissioner Wodtke left the meeting at 10:50 A.M. to attend
the funeral of the late County Health Director, Dr. Joseph
Tucker.
RESIGNATION FROM PLANNING & ZONING COM. - (R. PARENT)
Commissioner Bird advised that he had received a letter from
Richard Parent stating that it would be impossible for him to
continue on the Planning & Zoning Board due to out-of-town work
commitments. He suggested that a Resolution be prepared thanking
Mr. Parents for his service on the Board as he believed he served
during a very difficult time.
I
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, Commissioner Wodtke having
left the meeting, the Board unanimously (4-0)
accepted the resignation of Richard Parent from
the Planning & Zoning Commission and directed
that a Resolution be prepared thanking him for
his efforts.
APPOINTMENT TO PLANNING S ZONING COMMISSION
Commissioner Bird recommended the appointment of Daniel
Downey, Jr., to fill the vacancy on the Planning & Zoning
Commission created by the resignation of Richard Parent.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously (4-0)
appointed Daniel G. Downey, Jr., to the Planning
& Zoning Commission to fill the vacancy left by
resignation of Richard Parent.
78
STATEMENT TO MEDICAL EXAMINER'S COMMISSION
The Chairman reviewed the following memo from County
Attorney Vitunac, and expressed his feeling that we should take
the steps outlined to see if we can get relief:
TO: Board of County Commissioners DATE: July 24, 1986
SUBJECT: Medical Examiner's Commission
FROM: Char es P. Vitunac, County Attorney
On Wednesday afternoon, July 23, 1 contacted Dale' Heideman
from the Florida Medical Examiner's Commission in
Tallahassee. Chairman Scurlock came into my office during
the phone call and participated in the discussion.
We inquired of Mr. Heideman what the- possibilities were of
our county separating from the other counties of the 19th
Judicial Circuit and creating its own medical examiner's
commission. Mr. Heideman told us quite candidly that the
chances were not that good to effect such a separation. He
indicated that the present medical examiner's term expires
in July of 1987, and that, although he was aware of rumors
of dissatisfaction with the present medical examiner, the
Florida Medical Examiner's Commission had no written
complaints or any active investigation concerning Dr.
Walker. He advised that if our district had specific
instances which we wished to use as our reasons for getting
a new medical examiner that we put these instances and
evidence in writing and mail it to the Medical Examiner's
Commission. I
If the Board is so inclined, I would contact the other
counties in the medical examiner's district and the State
Attorney and Public Defender for the District to inquire
whether they wish to file any complaints with the
Commission. Failure to do so could lead the Commission to
recommend the reappointment of Dr. Walker for another
three-year term.
respectfully request direction from the Board.
Commissioner Bird believed the Medical Examiner has not
fulfilled his promises and that we can document our case.
Board members were hopeful that we can get the support of
the State's Attorney, the Sheriff, as well as the other County
Commissions, and Commissioner Bowman stated that she will bring
this before the Tri County Council.
79
AN' am 65
L_
U � `0
BOOK .65
F "iC
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0)
authorized the County Attorney to proceed as set
out in the above memo.
SOUTH COUNTY FIRE
The Board of County Commissioners recessed at 10:58 o'clock
A.M. in order to reconvene acting as the District Board of Fire
Cormnissioners of the South Indian River County Fire District.
Those Minutes are being prepared separately.
The Board of County Commissioners reconvened at 11:02 A.M.
with the same members present, Commissioner Wodtke having left
the meeting.'
WTVX MICROWAVE ANTENNA LICENSE AGREEMENT
The Board reviewed memo of Assistant County Attorney Wilson:
TO: The Board of County Commissioners
DATE: July 30, 1986
SUBJECT: Microwave Antenna License Agreement
FROM: s P. Wilson
s tant County Attorney
Attached hereto is a copy of the above -referenced Agreement
and a letter I received from Bob Morford, News Director for
.WTVX, requesting an amendment be made to that contract. Mr.
Morford intends to appear at the August 6, 1986 meeting of
the Board of County Commissioners to explain his request in
person.
80
P.O. BOX 3434 3601 N. 25th ST.
FT. PIERCE, FLORIDA 33454
�. FT. PIERCE 305.464.3434 • STUART 305.287.0334
W. PALM 305.686.3434 • VERO BCH. 305.231.3434
July 23, 1986
Mr. James P. Wilson
Assistant Countk Attorney
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Sir:
Jul 198s
;n.:.
.�?�'
Enclosed is a copy of the license agreement regarding the
microwave antenna this company has installed at the Indian
River County Administration Building.
WTVX would like to seek an amendment to the agreement.
The purpose of the amendment would be to bring coverage
of the upcoming series of elections -to Indian River County
residents. Currently., the microwave antenna can be used
only for bringing information of disasters affecting Indian
River County residents to those residents.
I would like to meet with you, or someone you might appoint,
about appropriate language for such an amendment. After
that I would like to take the proposed idea and language
before the county commission for their consideration.
Please let me know if this would be an appropriate way
to proceed. I look forward to your reply.
Regards,
Robert A. Morford
News Director
It was noted that no one from WNX was present.
Commissioner Bird wished to know if there is any problem
with granting them this temporary use for the coming election as
he felt this serves a public purpose.
Chairman Scurlock's only concern related to whether there is
enough actual space available on the antenna if we wanted to add
81
AUG 6 W6 BooK 65 F-�GF
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other stations, but Commissioner Bird doubted we would get many
other requests since they are the only local station.
General Services Director Dean advised that there is enough
room on the antenna so that he did not anticipate any problem at
this time. He did, however, have a concern about adding more guy
wires which could possibly cause a leak in the roof and would
want some assurances about that.
Discussion continued regarding allowing the use of the
antenna for other public purposes than just emergencies.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously (4-0) agreed
to an amendment to allow WTVX the temporary expanded
use of the microwave antenna for coverage of the
upcoming September elections and then consider re-
negotiation of their agreement.
NEGOTIATE RE CENTRAL DISPATCH
Commissioner Lyons asked the Commission for permission to
negotiate with the Sheriff, the Fire Departments, etc., and.do
whatever else is necessary to set up an arrangement for central
dispatch out of the Sheriff's Department.
Commissioner Bird inquired if this would be out of the 911
system, and that was confirmed.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized staff to negotiate with the Sheriff
and Fire Departments, and do whatever else is
necessary to set up the system for central dispatch
out of the Sheriff's Department.
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There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:10 o'clock A.M.
ATTEST:
Clerk
AUG 6 ISS
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Chairman
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