HomeMy WebLinkAbout6/9/1987Tuesday, June 9, 1987
Commissioners of Indian Riv
The Board •f County er County,
Florida, met in Regular Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
June 9, 1987, at 9:00 o'clock A.M. Present were Don C. Scurlock,
Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N.
Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also present were
Charles P. Balczun, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; Joseph �iaird, OMB
Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and County
Attorney Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the deletion of Item O -C,
Change Order #6 for Indian River Boulevard Southerly Extension.
The Chairman requested the addition to today's Agenda of a
recommendation for an underwriter on the capital improvements
$3.5 bond issue and a discussion of a request by the Gvernor for
the County's concerns about the inclusion of Florida w'ters in
the federal OCS oil and gas leasing.program.
The Chairman also requested the following additions under
Committee Reports:
1. Report by Commissioner Eggert on the Felismere,Library
budget.
2. Report by Commissioner Bird on the County Fairgrounds.
JUN 9 1��� BOOK 0 F,,�'�, M
Fr -
1987
BOOK U0 E�
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of May 19, 1987.
There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved the
Minutes of the Regular Meeting of May 19, 1987, as
written.
CONSENT AGENDA
Chairman Scurlock requested that Item H re the Medical
Examiner's salary be removed from the Consent Agenda and
discussed as a separate item.
A. Renewal Pistol Permits
The
Board reviewed the following
memo dated
5128187:
TO: The Board
of County CommissionersDATE: May
28, 1987
FILE:
SUBJECT: PISTOL PERMITS - RENEWALS
FROM: Charles P. Bal czun REFERENCES:
County Administrator
i
_ The following people have applied through the Clerk's Office for renewal of
pistol permits:
James A. Malatino
James T. Hanna
James R. Rott
Arthur C. Myers
Fred W. Morgan -
C. Reed Knight
Gary H. Eaton
Levan Douglas, Sr.
Henry H. Schleun'irig, Jr.
John A. Gehrig
Edward M. Creed
Lemuel M. Stevens
_ Richard L. Fortin
Arthur A. Perruzzi
All requirements of.the-ordinance have been met and are in order.
771
Commissioner Bird inquired how the newly passed state gun
law will affect the continuing issuance of concealed weapons
permits by the counties.
In discussion, he was advised that the Clerk is putting an
item on next week's agenda in this regard.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
application for renewal of license to carry concealed
firearms for the following:
James A. Malatino
James T. Hanna
James R. Rott
Arthur C. Myers
Fred W. Morgan
C. Reed Knight
Gary H. Eaton
Levan Douglas, Sr.
Henry H. Schleuning, Jr.
John A. Gehrig
Edward M. Creed
Lemuel M. Stevens
Richard L. Fortin
Arthur A. Perr-uzzi
B. Report on Occupational License Taxes Collected - May, 1987
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the following Report from Tax Collector Gene Morris
on Occupational Licenses collected for May, 1987.
MEMORANDUM
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
DATE: June 2, 1987
SUBJECT: Occupational Licenses
Pursuant to Indian River County Ordinance No. 86-59ple se
be informed that $1,233.89 was collected in occupational
license taxes during the month of May 1987, representing
the issuance of 107 licenses.
Gene E. Morris, Tax Collector
!JUN 9.1987 3
BOOK 68 PAj U
+JUIN 9 1
C. Appointment to Board of Zoning Adjustment
Boas 6' 8 F 4 91
The Board reviewed the following letter from Fellsmere City
Councilwoman Elizabeth Boisvert:
CITY CLERK'S OFFICE
PHONE 571-0116
T du of Bellantere
INDIAN RIVER COUNTY
POST OFFICE BOX 38
FELLSMERE, FLORIDA - 32948
MAY 1987
RECEIVED
BOARD COUNTY
COMMISSIONERS
May 28, 1987
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Commissioners;
POLICE DEPARTMENT
PHONE 571-1360
DISTRIBUTION LIST
Commissioners
Administrator
Attorney
Personnel
Public Works
Community Dev.
Utilities
Finance
Other 7�
It is my understanding that when Mrs. Maureen Poole resigned her
position- from the Board of Adjustment she suggested that a
possible replacement be Mrs. Susan Wilson.
I am writing to confirm Mrs. Poole's recomendation. I feel that
Mrs. Wilson is highly qualified for this Board and that with her
knowledge of the North county would be an asset.
If I can be of any further assistance to the Board in reference
to this position please feel free to contact me.
Sincerely, ,
Elizak3eth Boisvert
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment of Mrs. Susan Wilson to the
Zoning Board of Adjustment as a replacement
for Mrs. Maureen Poole.
4
R
D. Designated Agent for North and South County Fire Districts
The Board reviewed memo from OMB Director Baird:
TO: Honorable Members of
the Board of County
Commissioners
FROM: Joseph A. Baird
OMB Director
DATE: May 29, 1987
SUBJECT: DESIGNATING
NORTH AND S
FIRE DISTRI
T FOR _
COUNTY
Under Chapter 189 of the Florida State Statutes each special
district is required to have a designated agent. Stafflhas
reviewed the requirements and I recommend that Charles itunac be _
the designated agent for both the North County and South County
Fire Districts.
ON MOTION by Commissioner Eggert, SECONDElY by
Commissioner Wheeler, the Board unanimously directed
that County Attorney Charles Vitunac be the
designated agent for the North County Fire District
and for the South County Fire District, as recom-
mended by OMB Baird.
E. Bid - Transformer Replacement _Project _(Bldg. C Grounds Dept.)
The Board reviewed memo of Purchasing Manager Goodrich and
attached staff recommendation:
TO: Board of County Commissioners DATE: May 27, 1987 FILE:
THRU• Joseph A. Baird SUBJECT: Bid -Transformer Replacement
Director, Budget Project
James W. Davis Building & Grounds Dept.
Director, Public Work
FROM: REFERENCES:
Carolyn Goodrich, Manager
Purchasin Department
Recommendation
The low bid was submitted by B & W Electric in the amount of
$19,_200.00, however, the Bid Bond of 5% was not included
5
JUN 07
BOOK 8 ou 49
Fr—
JUN 9 1987
BOOK l68 PACE 493
with the bid as required in the Bid specifications and the bid
did not meet the specifications.
The other bid was submitted by Paragon Electric of Vero Beach
in the amount of $24,750.00. The 5% Bid Bond was included.
The recommendation is to award to Paragon Electric per the
attached memo from Lynn Williams.
Background
The transformer in the Administration Building is no longer
manufactured and is at least 25 years old. Also, it is possibly
part of the problem with the power outages and computer problems
in DP.
Source of Funds
Funds are budgeted in Account #001-220-519-066.39•
Bid Data
The Transformer Replacement Bid was advertised on May 4, 11, 18, 1987•
Bids were received Wednesday, May 27, 1987 at 2 P.M. 2 Bids were
received.
TO: Carolyn Goodrich, DATE: May 28, 1987 FILE:
Purchasing Manager
CFR:OM4' i'�
intendent,
Buildings & Grounds
-
SUBJECT: Transformer Replacement Bid
REFERENCES:
After review of the two bids received for the Administration Building
Transformer replacement project I recommend that the project bid be awarded
to Paragon Electric, with the following justification:
1) Paragon is the only bidder providing the required bid bond of 5%.
-- 2) Review of the Bids show that B&W requires others to make all
secondary connections. This does not meet the specifications, as
the project is "turn -key" with all connections to the existing
buss -bar to be made by the contractor.
3) Although B&W is considerably lower in their bid they did not
review or discuss the specifications design or requirements for
coordination with myself or the Engineer. Due to the difficult
nature of this project and the potential for problems, I feel
this is`crucial.
4) Paragon spent several hours of time evaluating and planning the
sequence of the project in order to reduce the possibility of
problems. In fact, an addendm to the specifications was
generated due to Paragon's discussions with the Engineer.
L_I
As you lozow, this is essentially a re -bid, since the original. bid (Oct.
1985) came in after the start of the Fiscal year and funding was not
requested during budget hearings.
This project needs to proceed immediately, before we start summer
lightning storms. The City of Vero Beach is strongly recLemg this
replacement, they have our new transformer waiting, as they can no longer
guarantee repair of the existing transformer.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
the Bid for the Transformer Replacement Project 'to
Paragon Electric of Vero Beach in the amount of
$24,750 as being the best and lowest bid meeting
specifications, as recommended by staff..
CONTRACT DOCUMENTS AND SPECIFICATIONS ARE ON FILE IN TIME OFFICE
OF THE CLERK TO THE BOARD
7
B00KC?
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
TABULATION
<v .a)44BID
1%-4qjo �BID
NO.
DATE OF OPENING
May 27, 19'87
coBID
TITLEa
01
Transformer.Replacement
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT
7
B00KC?
JUN 9 1987 BOOK FA.6E 495
F. Modification - Public Defender Employment Contract
The Board reviewed the following memo of Assistant County
Attorney Sharon Brennan:
TO: The Board of County Commissioners
DATE: June 2, 1987
SUBJECT: Public Defender Employment Contracts
FROM: Sharon Phillips Brennan
Assistant County Attorney
Elton Schwarz, Public Defender for the Nineteenth Judicial
Circuit, has requested that Indian River County modify its
existing contract with Assistant Public Defender Jan
Hendrickson to include a salary increase to $2,258.00 per
month effective June 1, 1987. This request is due to the
recent bar admission of Ms. Hendrickson and the need to
adjust her compensation accordingly. Mr. Schwarz has
provided a Modification of Employment Agreement for this
purpose.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Modification of Employment Agreement with Assistant
Public Defender Jan C. Hendrickson and authorized
the signature of the Chairman.
7a
MODIFICATION OF EMPLOYMENT AGREEMENT
Whereas, under date of December 23, 1986,, IndianlRiver
County; Elton H. Schwarz as Public Defender for the Nineteenth
Judicial Circuit; and, Jan C. Hendrickson, as Attorney entered
into an agreement for the providing of certain legal services
by the said Jan C. Hendrickson for which she is to be compensated
in accordance with the provisions of paragraph eight (8) of
said agreement; and,
Whereas the said Jan C. Hendrickson has now beenl,admitted
to membership in The Florida Bar and is entitled to c mpensation
in accordance with compensation paid to other Assista t Public
Defenders in similar situations.
Now, therefore, it is hereby agreed by the parties hereto
that paragraph number eight (8) of said employment agreement
be, and the same is hereby modified to provide that the County
shall pay to the attorney commencing June 1, 1987, th sum
of $2,258.00P er month.
IN WITNESS WHEREOF, the parties hereto have caused this
modification to be made and entered into this9th day of
June , 1987.
BOARD OF COUNTY COMMISSIONERS INDIAN
ATTESTED:' RIVER COUNTY, FLORIDA i
Deputy C1 rk Chairman
(/June 9, 1987
d Date:
APPROVED AS TO FORM AND CORRECTNESS
County Atto ney
sses:
Elt F�i'f Schwarz
Public Defender
JUS �9� BOOK FAGE 496
r-
AN' 9199
G. Right_of-Way Acquisition - 4th Street
BOOK 8 PAGE 497
The Board reviewed the following memo dated 6/3/87:
TO: The Honorable Members of the DATE:June3, 1987 FILE:
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
strator SUBJECT•
Right-of-way Acquisition on
4th Street
FROM:C.
James W. Davis, P.E., REFERENCES: Ron D. DeGrazia, Brighton
Public Works Director Builders, Inc. to Indian River
6-2-87
DESCRIPTION AND CONDITIONS
Brighton Builders is purchasing eight lots along 4th Street between 38th
Avenue and 35th Avenue. The Builder plans to build eight small houses on
50' x 100' lots. The County presently has a 60' wide dedicated 4th Street
right-of-way along the south of the lots. The County Thoroughfare Plan
designates 4th Street as a Primary Collector route with a required
right -of -Way width of 100'. Additional right-of-way of 40' is required to
comply with the Thoroughfare Plan. In order to render a portion of the
lots buildable, the developer would be willing to sell to the County the
south 25' of the lots which would result in four - 50' x 100' lots which
could accommodate four small houses. This would result in an 85' wide
right -of --way along 4th Street instead of a 100' right -of --way. To the west
of the lots (on 1 and 2, Block C, Clemann Estates Subdivision), a single
family house is constructed which would encroach the future 100' right-of-
way. Due to this constraint, the future road design would have to be
adjusted or the -house purchased for the additional 15' to allow a 100'
right-of-way.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
_ Purchase the additional 25' of right-of-way as follows:
The North 25' of the South 50' of the following lots; 23 and 24,
Block C, 1, 2, 23 and 24, Block F; and 1 and 2 of Block G,
Clemann Estates Units No. 1
This would result in an 85' wide right-of-way along 4th Street instead
of the 100' as designated in the County Thoroughfare Plan. The cost
would be approximately $28,000.
Alternative No. 2
Purchase by the. County of the entire eight - 75' x 100' lots which
would result in a 135' right-of-way along 4th Street. The cost would
be approximately $56,000.
z RFICOMIMMATION AND FUNDING
Staff re=mOnds purchasing the entire 8 - 75' x 100' lots (alternative #
2). Funding to be by Local Option Gas Tax Revenue.
9
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously, approved
Alternative No. 2 authorizing the purchase of t e
eight lots as recommended by staff.
i
PRESENTATION TO COUNTY COMMISSION BY SID POE, SOUTHERNI,BELL
Sid Poe of Southern Bell presented a framed front cover of
1
the new 1987-88 phone directory showing the Center of the Arts
Building in Indian River County, and Chairman Scurlock expressed
the Board's thanks.
PUBLIC HEARING - PETITION PAVING OF 11 ROADS
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
10 BOOK PAGE 498
►,,SUN S 1997
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
i
in the matter of .!'•dam �JL -L /der -F7
In the A Court, was pub-
lished In said newspaper In the issues of s 1191
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper las hererofore
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 cWrefimil for the purpose of securing this adver.
tisement for publication in the said newspaper.
Swam to and subscribed bet me a 1 day of*1_1A.D.�L
VY
io h ines9 Manager)
ISEAU (Clerk of the Circuit Court, ihdian River County, Florida)
By
1111-ARD, OF COUNTY COMMSSIONEM OF"
Of
CThe moti
hatrma �f & SV Jr. upon being put to • VOW. Oa rote wasededas�a
Vk6Chairman MMaarrgg C. Jr. upon . badC
Conunelsuaner CarOlynK Eggert
Commissioner Richard N: Bird '
Com nkiwonir Gary C. vyheeler ,
1988he 7 Chairman mrer,pa, aadered the rank,
BOARD OF COUNTY kin;
30ay Passed and WOfAee Ods-. yaI'M
OF No- RIVER COUNTY.
FL IORIIDA })!C 11
anskan OCK. JIL .
Attest
FREDA WRm1Nr ri..i,
route '
P.E.
or
ITHER CE that a tM ""'bac � NOTIoasaa reg=
1
1
The Board reviewed the following memo dated 5/27/87:
TO: THE HONORABLE MEMBERS OF DATE: May 27, 1987 ILE:
THE BOARD OF COUNTY COMMISSIONERS -
THROUGH:
Charles P. Balczun
County Administrator Public Hearing to consider
SUBJECT: resolution providing for the=
paving of 11 roads ( See
description below)
FROM: alph N. Brescia, P.E.
County Engineer REFERENCES:
DESCRIPTION AND CONDITIONS
Valid petitions have been received from the abutting property owners for
the paving of the following streets:
1) 3rd Street from 32nd Avenue to Dead End (Preliminary Cost $9,450)
2) 11th Court S.W. North of Oslo Road (Preliminary Cost $39,030.00)
3) 18th Avenue from 1st Street S.W. to lst Place (Preliminary Cost
$25,020.00)
4) 17th Avenue, North of 37th Street (Preliminary Cost $39,600.00)
5) 14th Avenue from 1st Street S.W. to 2nd Street (Preliminary Cost
$39,000.00) j
6) Commerce Avenue (Preliminary Cost $6,000.00)
It is further recommended by the Board of County Commissioners that the
following streets be paved:
7) Sea Turtle Lane, East of AlA (Preliminary Cost $20,190.00)
8) St. Christopher Lane, East of AlA (Preliminary Cost $24,300.00)
9) 110th Place, East of U.S. 1 (Preliminary Cost $31,020.00)
10) 110th Street, East of U.S. 1 (Preliminary Cost $27,750.00)
In addition, 32nd Terrace will be scheduled for resurfacing improvements
to bring it up to county standards (Preliminary Cost $12,000.00)
Preliminary assessment rolls have been prepared fothe paving and
r drainage improvements. The total cost of those projects is
approximately $273,360.00. There is approximately $1.18,279.63 in the
FY86-87 budget for Petition Paving, Account No. 703-21j4-541-035.39. As
money from other roads is replenished to the Petition Paving Account,
these roads will be paved.
Also, advertisement of the public hearing and not'fication to the
property owners has been performed.
RECOMMENDATION AND FUNDING
After consideration of the public input provided at the public hearing,
it is recommended that motions be made to:
1) Adopt resolution providing for the paving and drainage improvements
for each project, subject to the terms outlined in the resolution.
The applicable interest rate shall be 12% at the time the final
assessment roll is approved.
2) Approve preliminary assessment rolls including any changes made as
a result of the public hearing.
3) Allocate $273,360 from the Petition Paving Acct. to fund this work.
4) Roads will be paved as surveys and plans are completed. Road &
Bridge will do some paving and others possibly b outside sources
through Invitation to Bid.
JUN 9 '1987 12
BOOK F'A'Ut500
QUN
0 1987
BOOK
68 PAGE 501
County Engineer Ralph Brescia
recommended that the
Board
first consider Items 1-6, which exceed the 67% voluntary
criteria, and then consider Items 7-11, which might be a little
controversial.
Chairman Scurlock opened the Public Hearing on the following
projects:
1) 3rd Street from 32nd Avenue to Dead End.
2) 11th Court S.W. North of Oslo Road
3) 18th Avenue from 1st Street. S.W. to 1st Place
4) 17th Avenue, North of 37th Street
5) 14th Avenue from 1st Street S.W. to 2nd Street
6) Commerce Avenue
There being no one who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendations on the 6 projects listed above,
at an interest rate of 12%.
Item 7 - Sea Turtle Lane, East of AIA
Mr. Brescia asked that Item 7 be postponed at this time.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously postponed
the consideration of the paving of Sea Turtle Lane,
east of AIA, as requested by County Engineer Brescia.
Item 8 - St. Christopher Lane, East of AIA
Mr. Brescia advised that staff's recommendation is to go
ahead with the paving, and Chairman Scurlock understood that
the basic purpose of paving the road is to eliminate a grader
route, which will result in savings of $150,000 to the County and
will eliminate the safety problems involved in taking a grader
all that way down AIA.
13
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The Chairman opened the Public Hearing and asked If anyone
.,.
wished to be heard on the paving of St. Christopher Lane, east of -
AIA.
Frank Powers, 2225 St. Christopher Lane, explained that 2
years ago a 4" water line was extended down AIA and hocked up to
a 6" line on St. Christopher Lane. The residents werelpromised a
fire hydrant at that time, but the 4" line was not sufficient for
pressure. However, the City of Vero Beach has just started to
replace the 4" line with a 12" line, and he wished to see the _
paving of St. Christopher Lane delayed until the 12" line is in
place.
Mr. Brescia advised that the County would coordinate the
paving with the placement of the 12" line.
Mr. Powers asked if the paving would include the entrance
ways or aprons to the driveways which are right on the county/
property -owner line, and Civil Engineer Michelle Terry stated
that the County will pave the street and match AIA, but the
responsibility of bringing the pavement up to the driveway aprons
will be that of the property owners.
Mr. Powers felt it should be the County's respond
because it is county land; in addition, the street wouj
nicer by having it consistent.
Commissioner Eggert understood that it would have
ibiIity
Id look
to be
added to the assessment, and Commissioner Bird felt it'sounded
like it made sense, but he would hate to make a Motion'if only
one property owner there disagreed. He preferred to see us work
with the owners to see if there is a way this could be done at
the same time as the paving at the owners' expense.
Chairman Scurlock suggested that we get with the contractor
while he is on the job site and go ahead and do it, anld Ms. Terry
felt that could be done, but pointed out that staff would have to
contact each of the owners because there is a possibility that
not all of them will want a concrete driveway. Some may want
asphalt or chattahoochee stone or whatever.
14
JUN 1987 BOOL; 6 I'AGE 504'
,JUN- 198
BOOK 68 DV)E 503
Mr. Powers said that he would appreciate meeting with the
contractor on this possibility, and thanked the Commissioners for
their consideration in this matter.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation for the paving of St.
Christopher Lane at an interest rate of 120; the
paving to be coordinated with the placement of the 12"
water line; and directed staff to meet with the paving
contractor and all the property owners of St.
Christopher Lane to see if there is a possibility of
having the pavement come up to the entrance ways of the
driveways in order to have the entire street
consistent, with the understanding that this work would
not be part of the assessment.
Commissioners Eggert and Wheeler felt the Board should
establish a set policy in these cases.
110th Street East of U.S. #1 and 110th Place, East of U.S. #1
Mr. Brescia explained that the paving of these streets is
mainly to consolidate the grader routes and save the County some
money.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Abel Macon, stated that his stepson, who owns Lot #4 on
110th Place, is in complete accordance with the petition that was
circulated in August, 1985,1 and wishes to see the paving done.
Joe Schaffer of 110th Street referred to the following
letter of objecti:oh signed by him and his wife and Mr. and Mrs.
R.O. Menendez:
15
r
Board of County Commissioners
Indian River County
1840 25th Street,
Vero Beach, Florida 32960
Mr. and Mrs. R.O. Menendez
6526 Paradise Lane
Sebastian, Fl. 32958
6 June 1987 -
Subject:, Paving improvement and Drainage Maintenance to Floravon
Shores 110th Street (also known as Paradise Lane).
Dear Board Members:
Recently the Indian River Planning Office has recommended that
110th Street (Paradise Lane) of Floravon Shores be re -paved with an
asphalt surface as a measure to eliminate the temporary yard flooding
which occurs on the lower lots closer to the Indian River and to im-
prove the road condition during heavy rain. This letter Is a request to
the Board of County Commissioners to vote against the adoption of
the authorizing resolution and assessment roll for the above stated
project as It presently stands. Also a suggestion for alternative action
Is provided.
In our opinion, the reason why flooding of the lower lots in this street
takes place is the lack of maintenance work on the retention swells sur-
rounding the lots In question. This problem has been compounded by
the frequency and the manner in which the Public Works Department
grades this street. Deep blade grading (with blade settings 4 to 8 in-
ches below the surface of the road) has contributed to an accumula-
tion of marl and shale at the lower end of the street, which in turn
proceeds to fill the access to the retention swells in question. Proper
maintenance of the swells and the street surface would prevent the
flooding that presently takes place. The flooding situation Is not com-
mon to the higher lots In this street and consequently it does not war-
rant the imposition of drainage maintenance or Improvements on the__
higher lots easements closer to U.S. 1.
The grading method has also contributed to a degradation of the
road surface, which is only a significant inconvenience immediately
after heavy rains. However, the present street surface and the ad-
jacent lot terrains are highly permeable. Therefore, most of the rain im-
pinging on the road is absorbed rapidly through Its surface, reducing
the residual road run-off flowing Into the swells. Since most of the lots
on 110th street do not have functional culverts, any residual run-off
into the higher lots swells is presently effectively retained on these lots
and does not contribute to the flooding of the lower lots.
Replacing the present permeable road surface with impermeable as-
phalt and Installing culverts along all the lots on the street will increase
the amount of run-off flowing Into the affected area. This in turn will re-
quire larger retention swells in the lower areas. Potentially, water con-
taining tar oil residues from the street surface may find its way into the
Indian River from the lower lot retaining swells without proper natural
filtration, compounding the run-off pollution which the County and the
State are attempting to reduce via other programs.
16
BOOK
FACE 504
rp,—
JUN 91987
BOOK
At the Informal hearing conducted on 2 June 1987, the County Civil En-
gineer and the Planner refused to discuss any specifics of the
drainage work for 110th Street since they claim no design work will be
undertaken until the County (and consequently the residents of 110th
street) are committed to proceed with the project. As taxpayers, we are
disturbed by the fact that Indian River County has failed in the past to
Provide drain maintenance in our. area, yet we are being asked to com-
mit to additional cost assessments covering what is essentially
drainage maintenance for which we already pay property taxes. Also
we are being compelled to fund unnecessary drainage and road
paving Improvements without even having the benefit of evaluating a
preliminary design plan.
After careful thought on these Issues, we believe that there Is no
reason to justify undertaking the full scope of the paving and drainage
project proposed by the County Planning Office. In addition to being un-
necessary, the paving of this street will also Increase the amount of.
non-residents traffic and potentially may contribute to an Increase in
crime In this area Consequently we request that the County Commis-
slon refrain from approving the 110th Street project as it presently Is
proposed. Instead we suggest the following alternate actions be taken:
a) Reduce the scope of the drainage project to Include only the neces-
sary maintenance of swells and the correction of run-off blockage to
this swells. This work should only affect the lots where temporary yard
flooding occurs and should specifically exclude all higher lots not ex-
periencing or contributing to the flooding problem.
b) Consider avoiding the paving of 110th street with an Impermeable
asphalt surface. This type of surface Is unnecessary for this short dead-
end road. Rebuilding the existing marl surface is more desirable ap-
proach, since water is allowed to drain through this surface and it
produces no oil residues run-off which could find its way to the local
potable water wells or the Indian River Lagoon. To reduce main-
tenance cost, the County Planner should consider reducing significant-
ly the frequency of the grading operations, since during the past year
grading has produced net detrimental results. .
We hope the commission realize that all parties affected by this project
are not In accord with respect to the need for the proposed work. Con-
sequently, at least a careful re -consideration of this project following a
meaningful meeting with the County Engineer and Planner to discuss
their specific design recommendation is necessary.
Sincerely,
Rolando O. Menendez
D C. Menendez
17
8 F'AGE 505
Cl U �Si�
....tel. �., ✓i�.1G_,� -
�A
Mr. Schaffer strongly opposed the proposed,pavingl
Street as he felt the drainage problem could be solved)
going to the expense of paving that street.
Chairman Scurlock reiterated that one of the basi
staff is recommending the paving of these streets is t�
consolidate the grading route in that area, which invo+
getting a grader across U.S. #1.
Mr. Schaffer believed that the drainage problem a
of the street was caused when the grader plugged two d
They just want the drainage problem to be solved; they,
g -
of 110th
without _
reasons
ves
the end
-ains.
do not
want the street paved. He believed that the drainage problem
would go away if the County put the street back the war it was
and stopped the grading, because they never had a drainage
problem before the County started grading that street.
County Engineer Brescia explained that drainage i a very
critical part of the street paving process.
Joe Rothgery, 6655 Paradise Lane (110th Street) stated he
was very happy to hear that the County is planning to pave 110th
Street.
Glenn Hall of 110th Place explained that the marl' -based road
gets ruts in it every time it rains, and he wished to see it
paved.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board approved staf
recommendation for the paving of 110th Stree
110th Place, east of U.S. #1, at an interest
12%.
32nd Terrace (Suburban Acres Subdivision)
Ms. Terry explained that with the Board's approv
Terrace will be scheduled for resurfacing improvement
18
JUN 9 197
BOOK
f
and
rate of
32nd
to bring
r
JUN' 9198'
BOOK 'S P,1GE 507
it up to county standards at an estimated cost of $12,000. When
people in this private subdivision brought a petition before the
Board sometime back, Public Works Director Jim Davis recommended
100% assessment for resurfacing and improving the road, and that
we accept maintenance on it.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in the matter of paving 32nd Terrace.
There being none, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendation to resurface and improve 32nd
Terrace at 100% assessment of the property owners,
and accept maintenance of the road.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board approved staff's
recommendation and adopted Resolution 87-50, providing
for certain paving and drainage improvements to St.
Christopher Lane east of AIA; 3rd Street from 32nd
Avenue to Dead End; 110th Place east of U.S. #1; 110th
Street east of U.S. #1; 11th Court SW north of Oslo
Road; 18th Avenue between 1st Street SW and 1st Place;
17th Avenue north of 37th Street; 14th Avenue between
2nd Street and 1st Street SW; 32nd Terrace - Suburban
Acres; and Commerce Avenue; providing the total
estimated cost, method of payment of assessments,
number of annual installments, and legal description of
the area specially benefited.
RESOLUTION NO. 87- 50
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO ST.
CHRISTOPHER LANE EAST OF A -1-A, 3RD
STREET FROM 32ND AVENUE TO DEAD END,
110TH PLACE EAST OF US 1, 110TH STREET
EAST OF US 1, 11TH COURT SW NORTH OF
OSLO ROAD, 18TH AVENUE BETWEEN IST
STREET SW AND 1ST PLACE, 17TH AVENUE
NORTH OF 37TH STREET, ,14TH AVENUE
BETWEEN 2ND STREET AND 1ST STREET SW,
32ND TERRACE - SUBURBAN ACRES AND
COMMERCE AVENUE; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT, OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALL-
MENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has
received public improvement petitions, signed by more than 2/3 of the
owners of property for some of the following streets in the areas and
others have been recommended by the Board of County Commissioners, to
be specially benefited, requesting paving and drainage improvements to
ST. CHRISTOPHER LANE EAST OF A -1-A, 3RD STREET FROM 32ND AVENUE TO
DEAD END, 110TH PLACE EAST OF US 1, 110TH STREET EAST OF US 1, 11TH
COURT SW NORTH OF OSLO ROAD, 14TH AVENUE BETWEEN 2ND STREET AND 1ST
STREET SW, 18TH AVENUE BETWEEN 1ST STREET SW AND 1ST PLACE, 17TH
AVENUE NORTH OF 37TH STREET, 32ND TERRACE - SUBURBAN ACRES AND
COMMERCE AVENUE; and
WHEREAS, the petitions have been verified and. meet the
requirements of Section 11-23, Indian River County Code of Laws and
Ordinances; and cost estimates have been completed by the Public Works
Division; and
WHEREAS, the total estimated cost of the pr posed im-
provements is TWO HUNDRED SEVENTY SEVEN THOUSAND, FIFT DOLLARS
($277,050) ; and
WHEREAS, the special assessments provided hereunder
shall, for any given record owner of property within the area special-
ly benefited, be in an amount equal to that proportion of seventy-five
percent (75%) of the total cost of the project as follows:
(a) if the assessment is calculated by the front footage method,
the number of lineal feet of road frontage ownd by the
r �neal given owner in relation to the total numbeof 1feet
of road frontage within the area specially benefited, and
(b) if the assessment is calculated per parcel, the potential
number of buildable lots which are owned by the g.ven owner
in relation to the total number of parcels within the area
specially benefited, and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special assess-
ment pursuant to Section 11-34, Indian River County Code of Laws and
Ordinances; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent(25o) of the total cost of the project; and
JUN 9 1987 BOOK
F' JUN 9 1987
BOOK 68 ma -_509
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at a
rate established by the Board of County Commissioners at the time of
preparation of the final assessment roll, and shall be payable in two
(2) equal installments, the first to be made twelve (12) months from
the due date and the second to be made twenty-four(24) months from the
due date; and
WHEREAS, after examination of the nature and antici-
pated usage of the proposed improvements, the Board of County Commis-
sioners has determined that the following described properties shall
receive a direct and special benefit from these improvements, to wit:
ST. CHRISTOPHER LANE
Lots 1 through 12, St. Christopher Beach Subdivision as
recorded in Plat Book 3 Page 45;
3RD STREET 32ND AVENUE TO DEAD END
Lots 1 through 5, Block G, Emerson Park Subdivision as
recorded in Plat Book 3 Page 59;
110TH PLACE EAST OF US 1
Lots 1 through 18, 35, & 36, Floravon Shores Subdivision as
recorded in Plat Book 4 Page 78;
110TH STREET EAST OF US 1
Lots 19 through 34 and a parcel also known as Parcel I, more
particularly described as follows, beginning at Southeast
corner of Lot 25, thence run South 21 Deg. 20 Min. 46 Sec.
East 32.23 feet, then North 79 Deg. 53 Min. 13 Sec. East
84.56 feet, thence North 69 Deg. 43 Min. 43 Sec. East 106.03
feet to Westerly line of Parcel II of said Tract A, thence
North 23 Deg. 06 Min. 40 Sec. West 15.42 feet, thence South
68 Deg. 57 Min. 55 Sec. West 100.05 feet, thence North 89
Deg. 53 Min. 47 Sec. West 95.0 feet to Point of Beginning.
And also including Parcel II more particularly described as
follows, from Southeast corner of Lot 25 of Floravon Shores
Subdivision, run South 89 Deg. 53 Min. 47 Sec. East 95.0
feet, thence North 68 Deg. 57 Min. 55 Sec. East 100.05 feet
to Point of Beginning, thence continue North 68 Deg. 57 Min.
55 Sec. East 195:98 feet, more or less, to a point on West
bank of Indian River, then meander West Bank of Indian River
Southeasterly to its intersection with an Easterly prolonga-
tion of South line of Floravon Shores Subdivision, thence
_ run West along said Easterly prolongation of South line and
South line itself of Floravon Shores Subdivision to a point
on said South line which lies Easterly 210.83 feet from
Southeast corner of Lot 33 of said Floravon Shores thence
North 23 Deg. 06 Min. 40 Sec. West 256.44 feet to Point of
Beginning, less and except following described property, a
portion of Tract A of Floravon Shores Subdivision, more
particularly described as follows, commencing at South-
westerly corner of said Tract A, run North 88 Deg. 20 Min.
31 Sec. East along South line of said Subdivision 353.53
feet to Point of Beginning. From Point of Beginning run due
North 4.27 feet thence North 50 Deg. 14 Min. 36 Sec. West
60.52 feet to face of existing seawall, thence North 69 Deg.
11 Min. 52 Sec. East 58.27 feet along said face of seawall,
then continue North 64 Deg. ;00 Min. 07 Sec. East along said
face of seawall 37.05 feet, thence due South 78.72 feet to
aforesaid South line of Tract A, thence South 88 Deg. 20
Min. 31 Sec. west along said South line 41.27 feet to Point
of Beginning;
r
AND I
AA portion of Tract A, more particularly described as
follows, commencing at Southeast corner of Lot 25, thence
run South 21 Deg. 20 Min. 46 sec. East 32.23 feet to Point
of Beginning, from Point of Beginning run North 79 Decd. 53
Min. 13 Sec. East 84.56 feet, thence North 69 Deg. 43 Min.
13 Sec. East 106.03 feet to Westerly line of Parcel II of
said Tract A, thence South 23 Deg. 06 Min. 40 Sec. East
241.02 feet to Easterly prolongation of South line of
Floravon shores Subdivision, then west along said Easterly
prolongation of South line and South line itself of Flotavon
Shores Subdivision 210.83 feet to Southeast corner of Lot 33
of said Floravon Shores Subdivision, then North 21 Deg. 20
Min. 46 Sec. West 182.88 feet to Point of Beginning, Plor-
avon Shores Subdivision as recorded in Plat Book 4 Pagel78;
11TH COURT SW BETWEEN 7TH STREET SW AND OSLO ROAD OTH
STREET SW)
Lots 13 through 20 and Lot 22, Block B; Lot 1, and Lots 3
through 10, Block C; Lot 1, and Lots 3 through 12, Block H;
Lots 13 through 22 and Lot 24, Block J; Oslo Park
Subdivision as recorded in Plat Book 3 Page 96;
18TH AVENUE BETWEEN 1ST STREET SW AND 1ST PLACE
Lots 1 through 3, Block C; Lots 4 & 5, Block D; Lots 5
through 7, Block E; Lots 1 through 3, Block F, Moreland
Subdivision as recorded in Plat Book 4 Page 12;
17TH AVENUE NORTH OF 37TH STREET
Lots 40 & 41, Block 3; Lots 86 through 88, Lot 89 less North
45 feet of West 6 feet thereof, Block 6; Lot 132, Block 9;
the South one-half of Lot 133, Block 9; The North one --half
of Lot 133, Block 9, Lots 172 & 173, Block 12; Lots 208
through 210, less right-of-way Parcel 112 Civil Action,
Order of Taking 77-311, Block 15; The beginning 991.71 feet
South of the Northwest corner of East one-half of Southeast
one quarter, run South 660 feet, East 330 feet, North 660
feet, West 330 feet to Beginning, less .5 acres and less
North 84.88 feet of South 150.88 feet as recorded in Record
Book 202 Page 545 and less North 169 feet; The South 34.88
feet of the following 991.7 feet South of the Nort west
Corner of the East one-half of the Southeast one-quarter,
run South 660 feet, east 330 feet, North 660 feet, West 330
feet to the Point of Beginning, except the South one-half
acres; The East one-half of Southeast one-quarter, less to
Simmons ET AL and less right-of-way parcel 114 Civil Action,
Order of Taking 77-310 less West 981.08 feet to South 660
feet thereof; The South 715 feet of Southeast one-quarter of
Southeast one-quarter less East 690 feet and less West 7.50
feet as recorded in Original Record Book 703 Page 2443 and
less the South 55 feet for Road right-of-way; One-half acres
off South end of following: Beginning 991.7 feet South of
Northwest corner of East one-half of Southeast one-quarter,
run South 660 feet, east 330 feet, North 660 feet, Wes 330
feet to Beginning as recorded in Deed Book 32, Page 65;W.E.
Geoffreys Subdivision as recorded in Plat Book 2, Page 12;
14TH AVENUE SOUTH FROM 2ND STREET TO 1ST STREET SW
Lots 1 through 10, Block E; Lots 10 through 17, Blo k C;
Lots 1 through 6, Block D; Lots 6 & 7, Lots 8 & 9, and the
following described parcel: From the Southeast corngr of
Lot 8 Block H, run North along the EAst line of Lot 8, 15.15
feet to Point of Beginning, then continue North along
Northerly projection of West right-of-way of 14th Avenue,
255.05 feet to intersection of Easterly projection of $outh
right-of-way of 2nd Street, thence West along Easterly
projection of 2nd Street, 130.12 feet to a point, said point
being intersection of South right-of-way of 2nd Street and
Northerly projection of West line of Lot 9, thence outh
along said Northerly projection, 32.86 feet to intersection
of a curve, thence Southerly along the arc of said curve
being concave to Southwest, having a delta of 47 Deg. 08
Min. 49 Sec. and a radius of 254.42 feet, a distance of
209.35 feet to a point which Southeast corner of Lot 9,
thence Southerly along the arc of a curve being concave to
Southwest, having a delta angle of 13 Deg. 36 Min. 11 Sec.
and a radius of 254.42 feet, a distance of 60.40 feet to
point of beginning per Resolution No. 80-53 as record d
i n ecord Book 605 Pa a 2382 Block H; BOOK
AUFF g ,
�I
r --JUN 9X987
BOOK 68 PACE 511
32ND TERRACE - SUBURBAN ACRES
Lots 1 through 16, Suburban Acres as recorded in Plat Book 9
Page 32;
COMMERCE AVENUE
Lots 6 through 9 inclusive, Block 3; 48.48 LF of Lot 5, Lots
6 & 7, Block 4; Rosedale Gardens Subdivision as recorded in
Plat Book 1, Page 10;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage im-
provements to ST. CHRISTOPHER LANE EAST OF A -1-A, 3RD STREET FROM 32ND
AVENUE TO DEAD END, 110TH PLACE EAST OF US 1, 110TH STREET EAST OF US
1, 11TH COURT SW NORTH OF OSLO ROAD, 14TH AVENUE BETWEEN 2ND STREET
AND 1ST STREET SW, 18TH AVENUE BETWEEN 1ST STREET SW AND IST PLACE,
17TH AVENUE NORTH OF 37TH STREET, 32ND TERRACE - SUBURBAN ACRES AND
COMMERCE AVENUE, heretofore designated as Public Works Project No.'s
8544, 8607,8541, 8540, 8539, 8633, 8632, 8626, 8631, 8609, respec-
tively, is hereby approved subject to the terms outlined above and all
applicable requirements of Section 11-34, Indian River County Code of
Laws and Ordinances.
The foregoing resolution was offered by Commissioner
Eggert who moved its adoption. The motion was seconded by
Commissioner Bowman and, upon being put to a vote, the vote
was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 9th day of June 1987.
Attest: z1Z)4-e_4a
FR A WgI�T/C/`
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By
_�S
County Attorney's bffice
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By �[.J•,. G
DON C. SCURLOC$',, JRt.
Chairman
APPROVED BY:
I )4(e4e-.,r
�ln�G�vrS
James W. Davis, P.E`/.
Public Works Director
PUBLIC HEARING - ORDINANCE MODIFYING WASTEWATER SERVICE
CHARGES
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publicati
attached, to wit:
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 `;r -
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of
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.
Sworn to and subscribed
(SEAL)
1
(Clerk of the Circuit
of /�� A.D.- M7
Manager)
ndian River County, Florida)
on
" OTICE OF PUBLIC NEARIRu
The of County Commissloners of Indian
River , Florida, hereby �� notice of
a publiosed
c cari
Tuesday.ng scheduled for 9:08 a.m. on
arta 9, 1887, to eorulder a prof.
By
OF ORDINANce Rcr. o%r,w u•....,..-
IN CODE,. SEVERABILITY+ and EFFECTIVE
DATE.
A copy of the complete ordinance is on ttia Ur
the Board of County Commisslonere' OMlca and
available for publlc Inspection during business
Anyone who may wish to aPPOaI any declalon
ensure ti�iatba verbatim rea,ef the11Pnieeed-
Ingeto
le made, which Includes tsstimomt and evl-
dente ud.
ppoon which the appeal Is base
May 20, 1987
The Board reviewed the following memo dated 5/12/
;7:
24
UU 9 1987 BOOK ra,c
JUS 9 1987
600W 68
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
and
Terrance G. Pinto, Director
Division of Utility Services
DATE: May 12, 1987
RE: MODIFICATION TO COUNTY WASTEWATER ORDINANCE
RE: USER CHARGES/PUBLIC HEARING - JUNE 9, 1987
As part of the expansion of the County's wastewater utility
system, Indian River County has applied for a grant from the
federal government to provide sewers to the Rockridge area.
One of the prerequisites for funding by the federal govern-
ment is that our wastewater service charges be amended as
recommended by our consulting engineers.
The attached letter from the EPA indicates that once the
County adopts the ordinance, which is also attached to this
memo, our grant application should be complete.
Therefore,'the County's Division of Utility Services and the
County Attorney's Office recommend adoption of the attached
ordinance.
Y
h� arIes—P. i unac
County Attorney
�et'�ance Pinto
Director
Div. of Utility Services
Utilities Director Terry Pinto presented staff's
recommendation and emphasized that this modification does not
change the existing rates in any way; all it does is break out
the operation and maintenance.
Chairman Scurlock felt the ordinance would read more clearly
if the rates were reorganized so that the two volume charges
would be separated from the two base facility charges, and the
Board agreed to the change.
Attorney Vitunac stated that he would make sure that the
wording of the ordinance complies with the federal grant
requirements.
25
Director Pinto stated that they were taking this before the
board that approves the grants on June 15th, and felt onfident
that we would receive this grant. He believed there would be no
negative financial impact on the rest of the system.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There being none, the
Chairman closed the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously a opted
Ordinance 87-42, modifying Appendix "A", Rate Schedule
of Ordinance 84-18, modifying the wastewater service
charges, with the amendment suggested by Chairman
Scurlock. '
,JUN 1987 26 BOOK FAUE51
JUN 9 3987
i'
i
6/9/87.1LEGAL(ORD)Vk/TP
BOOK 66 PAGE 515
ORDINANCE NO. 87-42
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, MODIFYING APPENDIX "A," RATE
SCHEDULE OF INDIAN RIVER COUNTY
ORDINANCE NO. 84-18, MODIFYING THE
WASTEWATER SERVICES CHARGES; ADOPTING
CERTAIN OTHER PROVISIONS REQUIRED BY
FEDERAL AND STATE REGULATORY AGENCIES;
PROVIDING FULL FORCE AND EFFECT OF
ORDINANCE NO. 84-18, INCORPORATION IN
CODE, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, Indian River County has been placed on
the Fundable Portion of the Fiscal Year 1987 Priority List
of the Construction Grants Program; and
WHEREAS, a prerequisite for grant application is
adoption of an approved wastewater user charge system and
adoption of a wastewater user charge ordinance; and
WHEREAS, the Consulting Engineers of the County's
Division of Utility Services have made certain
recommendations concerning specific actions to be taken to
adopt an approved wastewater user charge system;
NOW, THEREFORE, BE IT ORDAINED BY INDIAN RIVER
COUNTY, ACTING THROUGH ITS BOARD OF COUNTY COMMISSIONERS,
THAT:
SECTION 1.
WASTEWATER RATES AND CHARGES
Appendix "A," Schedule of Rates of Indian River County
Ordinance No. 84-18, which presently is as follows:
SEWER
Minimum Charge (Includes No Consumption)
Base Facilities Charge . . . . . $1.53/ERU
Customer Charge . . . . . . . . $1.84/Meter
Volume Charge* . . . . . . . . . . . $2.86/1,000
gallons
*Only applied to first 12,000 gallons of water
consumption on each residential ERU
is hereby modified as follows:
1
Each wastewater service customer shall be notified
annually, by inclusion of a notice with the regular bill, of
the rate and that portion of the wastewater service charges
attributable to wastewater treatment services.
The wastewater service rates set forth above shall be
reviewed annually and adjusted as necessary to maintain
compliance with state and federal regulatory requirements
governing wastewater user charges.
Charges for high strength and/or toxic wast shall be
determined on an individual basis according to volume and
characteristics of wastewater.
Any provisions of any agreements the County maintains
with any entities for wastewater service found to be
inconsistent with regulatory requirements ,governing
wastewater user charges shall be considered invalid and
shall be amended to conform to such regulatory requirements.
SECTION 2.
FULL FORCE AND EFFECT
Ordinance No. 84-18 and Appendix "A" thereto remain in
full force and effect except to the extent modified in
Section 1 of this Ordinance.
K
BOOK f'1�E 516
I
ORDINANCE NO. 817-42
SEWER
Minimum Charge (Includes No
Consumption) -
For
Operation, Maintenance, and
Simple Replacement
Cost Recovery:
Base Facilities Charge
$1.48/ERU
!,
Minimum Charge (Includes No Consumption) - For
Recovery of All Other Costs:
i!
Base Facilities Charge .
. . . . $0.05/EJRU
;j
TOTAL BASE FACILITIES CHARGE
1.53
Customer Charge (includes ^No
Consumption) - For
Operation, Maintenance, and
Simple Replacement
Cost Recovery . . . . .
.. . . $1.84/Meter
Customer Charge (Includes No
Consumption) -- For
Recovery of all Other Charges
. . . . N/A
TOTAL CUSTOMER CHARGE . . . .
. . . 1.84 eter
'.
Volume Charge - For Operation,
Maintenance, and
Simple Replacement Cost Recovery*
$2.71/11,000
gallons
Volume Charge - For recovery of All
3ther
Costs* . . . . . . . . . . .
. . . . $0.15/1,000
gallons
TOTAL VOLUME CHARGE . . . . .
. . . . $2.86 1,000
gallons
*Only applied to first 12,000
gallons of water
consumption on each residential
ERU
Each wastewater service customer shall be notified
annually, by inclusion of a notice with the regular bill, of
the rate and that portion of the wastewater service charges
attributable to wastewater treatment services.
The wastewater service rates set forth above shall be
reviewed annually and adjusted as necessary to maintain
compliance with state and federal regulatory requirements
governing wastewater user charges.
Charges for high strength and/or toxic wast shall be
determined on an individual basis according to volume and
characteristics of wastewater.
Any provisions of any agreements the County maintains
with any entities for wastewater service found to be
inconsistent with regulatory requirements ,governing
wastewater user charges shall be considered invalid and
shall be amended to conform to such regulatory requirements.
SECTION 2.
FULL FORCE AND EFFECT
Ordinance No. 84-18 and Appendix "A" thereto remain in
full force and effect except to the extent modified in
Section 1 of this Ordinance.
K
BOOK f'1�E 516
BOOK, 68, P�,r,617
JUN 9 19;87 ORDINANCE NO. 87-42
;i
ij SECTION 3.
_ ?I
INCORPORATION IN CODE
i' This ordinance shall be incorporated into the Code 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.
SECTION 4.
SEVERABILITY
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, it is
the legislative intent that the invalidity shalt not affect
other provisions or applications of this section which can
be given in effect without the invalid provision or
application, and, to this end, the provisions of this
section are declared severable.
SECTION 5.
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Secretary 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 9th
day of June, 1987.
This ordinance was advertised in the Vero Beach Press
Journal on the 20th day of May, 1987, for a public hearing to
be held on the 9th day of June, 1987, at which time it was
moved for adoption by Commissioner Bird, seconded by
Commissioner Eggert, and adopted by the following vote:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Gary C. Wheeler Aye
BOARD OF COUNTY COMMISSIONERS
l
Attest: INDIAN RIVER COUNTY, FLORID
By
•-53on C. S urlock,
C�IJ
Chairman
red le
— = 3
PUBLIC NUISANCE HEARING - PENELOPE HESSEN - ROCKRIDGE
SUBDIVISION, UNIT 1, LOT 3, BLOCK A
The Board reviewed the following memo dated 5/22/$7:
TO:, The Honorable Members of DATE: May 22, 1987 FILE:
The Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: PUBLIC NUISANCE HEARING
Robert M� 'ng, CP REQUEST - PENEhOPE HESSEN
Planning & De elopm nt Director SUBJECT PROPER Y: ROCK -
RIDGE SUBDIVIS ON UNIT 1
Warle.Hw*'Wea�th
oland M. DeBlois VMV Lot 3 Block A
tner
FROM: REFERENCES: Case No. CV -87-07-248
Code Enforcement Officer
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 9, 1987.
DESCRIPTIONS AND CONDITIONS:
On March 24, 1987, the Commission adopted a Public Nuisance
Ordinance (No. 87-33), which prohibits "the accumulation of
weeds in excess of 18 inches in height... on any lot, parcel,
or tract of land which lies contiguous to a commercial or
residential structure and within a platted, recorded subdivision
where the platted lots are at a minimum of 50% developed"
(Section 13-18(a)(1)).
On April 23, 1987, code enforcement staff cited MI. Penelope
Hessen of 2105 Windward Way as having a weed violation on
property she owns. The subject property is described as
follows:
Rockridge Subdivision Unit 1 PBI 4-23 Lot 3 Blok A
Tax Parcel Control Number: 12-33-39-00001-0001 00003.0
The current zoning classification is RM -10, M lti-Family
Residential District. The Land Use Designation is MD 2.
Section 13-20 of the Ordinance provides : cited property owners
an opportunity to request a public hearing to congest a code
enforcement officer's determination that a nuisanceexists on
their property. Ms. Hessen has elected to schedue a public
hearing to contest the cited nuisance violation.
ALTERNATIVES AND ANALYSIS:
Staff inspected the subject property on April 16, 1987, as
follow-up to a complaint received from a resident of Rockridge
Subdivision. Observed on the rear portion of the property were
weeds approximately five (5) feet in height.
In that Ms. Hessen's property is contiguous to a residential
structure and within a platted, recorded subdivision where
platted lots are at a minimum of 50% developed, code enforcement
staff cited Ms. Hessen, requesting that the weeds -be mowed, to
resolve the nuisance ordinance violation.
30 BOOK 6 [Aut 51U
JUN: 9 1987
BOOK 6 8 [Y�'UE 519
RECOMMENDATION:
Staff recommends, in accordance with Section 13-20(c) of the
Nuisance Ordinance, that the Board adopt a resolution declaring
a weed nuisance on the subject property, giving the owner ten
(10) days to correct the nuisance.
In the event that the weed nuisance is not abated within ten
(10) days, staff recommends that the Board authorize County
staff to abate the nuisance and assess such cost against the
property owner.
Chairman Scurlock noted that there is no requirement of a
public notice in an appeal of a Public Nuisance Ordinance
violation.
Penelope Hessen, 2105 Windward Way, emphasized that this
particular lot was on the tax rolls under a tax certificate
between 1978 and 1982. In 1982 she purchased it as a tax deed,
and until 1984 no one ever bothered her about the condition of
the lot. About that time she noticed that someone in the
neighborhood had been parking a truck on the lot, and she put a
stop to that because she did not want the lot to become a parking
lot. She believed the truck belonged to the Mithiaco's, who made
the complaint to the Code Enforcement Board. A while later, a
huge load of sand was delivered and dumped on the lot, apparently
to be used by the Mithiaco's in landscaping their lot. Mrs.
Hessen wished to read a letter from someone in the neighborhood
that was put in her mailbox, but Chairman Scurlock pointed out
that the main issue today is not to settle an neighborhood
dispute, but to determine whether Mrs. Hessen is in violation of
the Public Nuisance Ordinance in that her lot has grasses and
weeds growing to heights exceeding 18".
Mrs. Hessen argued that the high grass is to the back of the
lot, and did not feel she should be held responsible for removing
the grass clippings and branches that have been dumped in the
front of the lot. She felt that she should not have to police
her property to keep people from dumping there.
Chairman Scurlock explained that the new ordinance states
that a lot, which"Js next to a developed lot in a platted
31
subdivision which is 50% developed, has to be mowed when grasses
grow over 18" in height.
Commissioner Bird agreed that from the pictures circulated _
by staff, it appears that the high grass is to the back of the
lot.
Staff Planner Roland DeBlois advised that the definition of
weeds in the ordinance does not distinguish between the extent of
the weeds on the property nor provide for the locationlof the
grasses on the lot.
Chairman Scurlock asked if Mrs. Hessen had ever paid anyone
to mow her property, and she stated that she had not.
Attorney Vitunac asked Mrs. Hessen if she indeed Owns Lot 3,
Block A, in Unit 2 of Rockridge Subdivision, and if the
photographs taken by staff accurately reflect the present
condition of her property to the best of her knowledge, and Mrs.
Hessen confirmed that she owns the subject lot and that the
photographs accurately reflect the present condition of the lot.
Chairman Scurlock believed this situation was unique in that
there is an active property owners' association in Roci<ridge and
only one complaint was received, but Bill Nelson of 239 14th
Street advised that many people have sent in letters to the
association complaining about the condition of this lot.
Attorney Vitunac advised that, legally speaking, Mrs. Hessen
has more or less admitted the case of the County and has not
given any reason why she should not clean up her property
pursuant to the requirements of the law.
Mr. DeBlois advised that this is the not the first lot that
has been cited under the new Public Nuisance Ordinance', and if
the Board so determines, Mrs. Hessen will have 10 days from the
date of this hearing to have the lot cut. If the lot lis not cut
by that time, the County will cut it and assess her the cost.
Mrs. Hessen could not understand why her lot was singled out
and wished to make it part of the record that she woull like to
32
JUN 1987
BOOK;3 PACE 520
JUNE 91987
BOOK P3 G' LE
file a complaint against anyone who is dumping grass clippings
and tree branches on her property.
Commissioner Scurlock advised Mrs. Hessen that she could
file that complaint with the Code Enforcement Board after the
meeting and that they will be happy to follow up on it.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 87-51, declaring the existence of a public
nuisance on Lot 3, Block A, Unit 1 of Rockridge
Subdivision, and providing for county abatement of said
nuisance with cost assessed to the landowner, if the
public nuisance is not abated by the landowner in ten
days time.
33
RESOLUTION NO. 87 - 51
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DECLARING THE EXISTENCE OF
A PUBLIC NUISANCE ON LOT 3, BLOCK A, UNIT 1 OF ROCXRIDGE
SUBDIVISION, AND PROVIDING FOR COUNTY ABATEMENT OF SAID
NUISANCE WITH COST ASSESSED TO THE LANDOWNER, IF THE
PUBLIC NUISANCE IS NOT ABATED BY THE LANDOWNER I'N TEN
DAYS TIME.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the regulation of the accumulation of =
weeds is in the public interest and necessary for the health,
safety and welfare of the citizens of Indian River County; and
WHEREAS, Indian River County Ordinance No. 87-33, "Public
Nuisances", defines as a public nuisance weeds in excess of 18
inches in height on a lot contiguous to a residential. structure
and within a platted residential subdivision where the platted
lots are at a minimum of 50o developed; and
WHEREAS, weeds in excess of 18 inches in heigh exist on
property owned by Penelope Hessen of 2105 Windward Way, such -
property having a legal description as follows: Rockridge
Subdivision, Unit 1, PBI 4-23, Lot 3, Block A; and
WHEREAS, the Board of County Commissioners of Indian River
County has determined that landowners are responsible for abating
public nuisances existing on their property; and
WHEREAS, Section 13-20(C) of the County Public Nuisance
Ordinance (No. 87-33) specifies that an owner shall have ten (10)
days from the date of a resolution of the Board of County
Commissioners to correct a verified public nuisance, after which
time, if the nuisance is not corrected, the County to
take
measures to abate said nuisance and assess all cost to the land-
owner;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The foregoing recitals are adopted and ratified in their
entirety.
2. Penelope Hessen of 2105 Windward Way is hereby directed to
abate the public nuisance on her property described herein
within ten (10) days time.
3. If landowner Penelope Hessen fails to abateaid public
nuisance within ten (10) days time, the County shall take
measures to abate the nuisance and assess all co is of said
abatement against the landowner.
THIS RESOLUTION was moved for adoption by Commissioner
Eggert , seconded by Commissioner Wheeler ,
and adopted on the 9th day of June 1987, by the
following vote:
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret Bowman Aye
Commissioner Richard Bird Aye
Commissioner Carolyn Eggert Aye
Commissioner Gary Wheeler Aye
E 52
aooa'� Fa;;
rlJUfV 91987
RESOLUTION NO. 87 -51
BOOK 68 r.�f;E52
- The Chairman thereupon declared the resolution duly passed
and adopted this 9th day of June , 1987.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
/ C
Don C. Scurlock, Jr., irman
ATTEST:
County Clerk
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgements, personally appeared Don C. Scurlock, Jr., and
Freda Wright well known to me to be the Chairman of the Board of
County Commissioners and Clerk, respectively, of Indian River
County, a political subdivision of the State of Florida, and they
acknowledged executing the same.
WITNESS my hand and official -seal in the County and State
last aforesaid this -� day of , 1987.
My Commission Expires:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Bruce Barkett
Assistant County Attorney
AS TO ADMINISTRATIVE
s P Bal
:A -?minis
Pu
ROTARY PUBLIC STATE OF FLORIDA',
MY COMMISSION EXP. JULY 8,1990'-r '.
BONDED THRU GENERAL INS. UND.
APPROVED AS TO PLANNING
MATTERS:
Robert M. IdeXvel8pment ing,/�AICP
Planning & D
Director
U
TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH CITY OF SEBASTIAN
The Board reviewed the following memo dated 4110107:
TO THE HONORABLE MEMBERS OF DATE: April 10, 1987
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Administrator
James W. Davis, P.E.
Public Works Directo
qP-
Michael L. Orr A0
FROM: Traffic Engineer
LE:
SUBJECT: Traffic Signal I Maintenance
Contract with City of
Sebastian
REFERENCES:
The existing traffic signal maintenance contract ith the City of
Sebastian was signed in August 1983. The Coun y now provides
maintenance services at cost to the City and the ity assumes all
liability.
Renewal is necessary at this time to (1) update the County's
compensation, and (2) to add a second signal to the mai tenance list.
A new contract was submitted to the City for execution but was
returned at the recommendation of the City Attorney to modify the
liability clause to hold the County responsible for itslown actions.
The Assistant County Attorney advises that (1) theliabilityclause
in the existing contract with the City assuming all liability be
maintained because the County would increase its risk of liability with
no corresponding benefit and that (2) the City should provide insurance
to cover the County.
ALTERNATIVES AND ANALYSIS
1) Renew the existing contract with the City assuming all liability and
update compensation (Schedule A). The City Attorney has indicated
that he would not recommend this to City Council.
2) Renew the existing contract with the City assuming all liability
and require that the City furnish liability insurance for the
County. This is recommended by the County Attorney to provide
.maximum protection for the County.
3) Amend the contract with a new liability clause, as 'requested by the
City Attorney, to hold the County responsible for its own actions;
require the City to furnish liability insurance for the County; and
update compensation (Schedule A). This alternative is acceptable
to the County Attorney upon approval of the insurance to be
furnished.
4) Terminate the existing contract and do not provide maintenance
service to the City.
RECOMMENDATION AND FUNDING
Alternative #3 is recommended because a valuable l service will be
provided to the City of Sebastian and the County liability will be
protected. -
No additional funding is necessary.
cost reimbursements during FY85-86.
JUN 0 1981
36
The County re'eived $417.38 in
9Q0 F�?uE 544
FIF—
JUN
9 1997
aoaK
F' 2. I'D'
Chairman Scurlock asked
if the County Attorney was
satisfied
s
with the wording of the agreement, and Attorney Vitunac explained
that the County now will be responsible for the work the County
does, and any extra insurance costs will be the responsibility of
the City of Sebastian. That is the only way it can be, and he
recommended Alternative #3.
County Engineer Ralph Brescia advised that at the present
time this contract mainly covers the one signal on U.S. #1, but
another signal at U.S. #1 and Schumann Drive will be installed in
the near future.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously approved
staff's recommendation of Alternative #3 as set out
in the above memo.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
REQUEST FOR COUNTY TO FILE A MAINTENANCE MAP FOR COMMUNITY ROAD -
(134TH COURT) _
The Board reviewed the following memo dated 611/87:
TO: The Honorable Members of the DATE: May 27, 1987 FILE:
Board of County Cann►issioners
- TMUGH:
v` Charles Balczun,
County Administrator
SUBJECT: Request from Maureen Poole,
Fellsmere, for County to File
a Maintenance Map for
Cmmmity Road (134th Court)
between Ditch 8 and Ditch 12
(5220')
_ FROM: C09
REFERENCES:
James W. Davis, P.E., Maureen H. Poole to Board
Public Works Director of County Camnissioners
--}April 27, 1-92-7
DESCRIPTION AND CONDITIONS
Indian River County has maintained 134th Court north of Fellsmere for many
years. The actual road does not lie within a dedicated right-of-way and
Maureen Poole of Fellsmere is requesting that the County take legal action
to record a Maintenance Map of the 5,220 LF road.
37
` / I
'r
ALTEi7NATIUS AMID ANALYSIS
The following work is involved in preparing a maintenance map for this
road:
Horizontal control (Section, quarter -section corners, etc) will have
to be established. The roadways will be stationed from an appropriate
beginning. point, and locations showing the extent of construction and
maintenance will be recorded.
Vertical control is not necessary at this time, but will be in the
event any construction is planned.
A certified survey will have to be produced showing mathematical ties
to horizontal control,,and the existing topographical features for the
length of the project. Ten working days should be all for this,
running concurrently with getting drafting done as fi ld work is
produced. This of course, is without acquiring verb 1 data, but
showing topography to a width deemed necessary for a righ"f--way._
Approximate in-house cost to do this work is $5,000.
RE MMATION AND FUNDING
Whereas staff would prefer to file maintenance maps for, the y miles of
roads within non -dedicated areas, our resources do not pezmit taking on
this type work. Staff recommends denying this request unless property
owners along the road would agree to pay the cost. The staf could then
contract out this work with local surveyors. If the work is contracted
out, the cost would probably double.
County Engineer Ralph Brescia, speaking for vacationing
Public Works Director Jim Davis, explained that a signlificant
amount of surveying work would be required to fill this request.
Chairman Scurlock asked if anyone from this area was in
attendance. There were none.
ON MOTION by Commissioner Eggert, SECONDED b�
Commissioner Wheeler, the Board unanimously approved
staff's recommendation to deny this request nless
property owners along the road agree to pay :the cost,
and allow staff to contract for this work with local
surveyors, with the understanding that if the work is
contracted out, the cost probably would be
of doing it in-house.
38
9 1987 BOOK
uble that
LPAGE 526
P;
FF__ I
,JUN
BOOK
NORTH COUNTY WASTEWATER SYSTEM - WORK AUTHORIZATION #16
DATE: JUNE 1, 1987
TO: BOARD OF COUNTY COMMISSIONERS
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
D
I
SUBJECT: NORTH COUNTY WASTEWATER SYSTEM - WORK AUTHORIZATION 16
BACKGROUND
On May 12, 1987 the Board of County Commissioners allowed Masteller
and Moler to complete the additional study on the North County
Subregional Sewer Project. Masteller and Moler have completed this -
additional study which indicated a customer base of 7,500 units. The
wastewater treatment plant will be located in the Hobart area with an
estimated construction cost of $5,848,975.00. Masteller and Moler is
now ready to proceed with the Engineering Design and -Resident -
Inspection portion associated with this Project. The cost associated
with these tasks are as follows:
1) Engineering Design $340,200.00
2) Resident Inspection $115.200.00
TOTAL $455,400.00
RECOMMENDATION
Utility Staff asks that the Board of County Commissioners authorize
the Chairman to sign Work Authorization number 16, contingent upon
approval and financing through special assessments, so that the
project can continue moving toward completion.
Utilities Director Terry Pinto advised that this will be the
last item that the Utility Department will have to perform before
going into the assessment roll. However, he did not feel that it
was made clear that the assessment rolls have to be in place
before they can go out to bid on this project. After this is
completed, they will be taking it to the Finance Department for
analysis, and as soon as they receive the cost information, they
will advertise the public hearing on the assessment roll itself.
Chairman Scurlock noted that the underwriter will be looking
at the viable alternatives on financing the project.
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Eggert, that the Board approve staff's
recommendation, and authorize the Chairman to sign Work
Authorization #16 as amended, contingent upon the
financing and the special assessment being in place.
39
Under discussion, Commissioner Bird expressed hislreliance
on staff's expertise to make sure that the prices that * e being
charged for this work are competitive, negotiated fees and _
Director Pinto confirmed that these are are well within the
limits of any curve. He pointed out that when you loc ik at the
project cost of $5.8 million and the design cost of $310,000, you
can see that it is well within the 100. When engineering is
done, the 10% figure generaily,does not include inspections,
which are set aside somewhere else or hidden. _
Commissioner Bird questioned whether staff had ch cked into
the legality of placing a wastewater plant at the Hoba t Park
location, which is one of the sites under consideratio , because
he felt that we need to make sure that land could be used for
something other than recreation.
Chairman Scurlock felt we had checked that out when we were
looking into the matter of effluent disposal on the course at
Sandridge Golf Club, but Commissioner Bird wanted to have it
thoroughly checked out because this time we would be erecting a
waste disposal plant.
Director Pinto advised that we need more ground t an what is
available at Hobart Park, and they are looking at adjoining
pieces of land. Depending on how the entire layout is,arranged,
the final decision will be made on exactly what is going to be
located on the ground that belongs to the park. At that point,
they will check again to see if there is any violation'.
Presently they are looking at the Chatham, Graves and ther
County -owned property on the sand ridge.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
JUIN, 1967 40 BOOK "AU
L
JUR 91987 BOOK, 6,8 [AGUE
INDIAN RIVER COUNTY
Date: May 26, 1987 Work Authorization No. 16 for Consulting Services
Project No. 16 (County) 86004 Masteller & MOler Associates, Inc. (WASTEWATER)
I. PROJECT DESCRIPTION
Title: North County Subregional Sewer System
Consulting engineering services consisting of design, engineering, preparation of
contract plans and bid docuemnts, securing regulatory agency permitting, assistance
during bidding, and resident inspection relative to construction of the North County
Subregional Sewer System. This sewer project is described in detail in the "North
County Subregional Sewer Feasibility Study and Report" prepared by our office for
Indian River County and dated September, 1986 and revised/amended May, 1987. The
construction cost estimate for the project, including 10% contingency, is
$5,848,975.00. See pages 25 and 26 of the "Report" for a detailed tabulation of
the Project Cost Estimate.
II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES
Reference is made to the "Agreement for Professional Services" dated July 2, 1986
and specific Article numbers and paragraph numbers which are listed hereinafter to
describe the scope of services included on this project:
A. Project Design Services per Article 4, paragraph 4a. and 4b.
B. General Services During Construction per Article 5, Paragraph 5a., 5b., 5c.
C. Supplementary and Special Services per Article 6, Paragraph 6a.,6b.,6c.,6d.,6e.,
6f., and 6g. It is specifically agreed that Paragraph 6a. will include the necessary
hydrogeologic/soils studies and preparation of a report by a special consultant to
secure a permit for effluent irrigation at the Sandridge Golf Course.
All permit fees shall be paid by the County.
D. Payment for Services per Article 8, the lump sum fee for Article 4, Paragraph 4a.
and 4b. above (Engineering Design Fee) is $340,200.00 and Article 5, Paragraph 5a.,
5b., 5c. above (Resident Project Inspection Fee) is $115,200.00. Payment shall be
per Article 8, paragraph 8b. and 8d. Payment for Article 6, Paragraph 6a.,6b.,6c.,
6d.,6e.,6f., and 6g. shall be per Article 8, Paragraph 8a., and 8d.
APPROVED BY: SUBMITTED BY:
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By C 444da
Don C. Scurlock, Jr.
Chairman
Date 6-9-87
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
.._._ Charles Vitunac, County Attorney
41
MASTELLER & MOLER ASSOCIATES, INC.
By .& .
Earl H. Masteller, P.E.
President
Date /ems
APPROVE F_Q,� rUTILI T Y IAA/7-I
BY
DIRECTOR
DIV. OF UTIl1TY SERVICES
I
SELECTION OF SMITH BARNEY AS UNDERWRITER FOR $3.5 MILLION BOND
ISSUE
The Board reviewed the following memo dated 6f8/8 -j:
TO: Honorable Members of
the Board of County
Commissioners
FROM: Josep A. Baird
OMB Director
DATE: June 8, 1987
SUBJECT: SELECT SMITH B.
AS UNDERWRITER
3.5 MILLION DO
BOND ISSUE
On Wednesday, June 3, 1987, at 2:00 p.m., twelve (12)�bids
were opened for the position of Underwriter for Indian Riv r
County.
The selection committee reviewed the proposals and recommend
that the Honorable Board of County Commissioners select Smith
Barney, the firm with the lowest underwriter spread of 3/4p.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the selection committee's recommendation
of Smith Barney as underwriter for the $3.5 million
bond issue for the shortfall on capital improvements,
which will be funded by sales tar, revenues.
JUN 9 1937 42 BOOK 0 Pacr530
IJUN
9 1987
BOOK
6S
PGE531
Administrator
GOVERNOR'S
REQUEST FOR COMMISSION CONCERNS REGARDING
THE
PerAttsonnel --
INCLUSION OF FLORIDA WATERS IN THE FEDERAL OCS OIL AND GAS
LEASING PROGRAM
The Board reviewed the following memo dated 5/29/87:
Con
WET•
BOB MARTINEZ
GOVERNOR
May 29, 1987
STATE OF FLORIDA
Offirz of the (Sevenwr
THE CAPITOL
TALLAHASSEE, FLORIDA 32399.0001
Board of County Commissioners
Indian River County
1840 - 25 Street
Vero Beach, Florida 32960
Dear Commissioners:
Enclosed are copies of resolutions adopted by Lee County and
Pinellas County concerning the United States Department of the
Interior's plan to include Florida waters in its 5 -year OCS oil
and gas leasing program.
The comment period ends.-June.l.5. I will write to the President
expressing my co -kerns about the inclusion of Florida waters in
the program and we would like to enclose other local
resolutions or comments received. The Cabinet and I will adopt
a similar resolution on Tuesday, June 2.
Thank you for your interest in the protection of Florida's very
important and fragile coastline.
Sincerely,
Governor
Commissioner Bowman suggested that we write a letter to the
Governor supporting his position against the inclusion of Florida
waters, as she believed the plan would be detrimental to
- _ Florida's environment.
43
DIST MBUTION LIST
�b,5 6 78rney
Co,nrnissioners
919
Administrator
��g�1
30 �,
PerAttsonnel --
a�,
1 or, 1K
D
Co0°SSwcaE1 I
Uti t'. es --
Enclosed are copies of resolutions adopted by Lee County and
Pinellas County concerning the United States Department of the
Interior's plan to include Florida waters in its 5 -year OCS oil
and gas leasing program.
The comment period ends.-June.l.5. I will write to the President
expressing my co -kerns about the inclusion of Florida waters in
the program and we would like to enclose other local
resolutions or comments received. The Cabinet and I will adopt
a similar resolution on Tuesday, June 2.
Thank you for your interest in the protection of Florida's very
important and fragile coastline.
Sincerely,
Governor
Commissioner Bowman suggested that we write a letter to the
Governor supporting his position against the inclusion of Florida
waters, as she believed the plan would be detrimental to
- _ Florida's environment.
43
Commissioner Wheeler did not feel he knew enough about the
subject to take a position on it, and Chairman Scurlock agreed _
that it was a complicated issue. _
Commissioner Wheeler said that he has heard that offshore
rigs can develop good fishing habitats; on the other hand, he was
aware of the dangers of oil spills from tankers. He sked if he
could be allowed to abstain from voting on the issue, ut
Attorney Vitunac advised that he could only abstain frim voting
if there is a personal conflict. _
ON MOTION by Corrmnissioner Bowman, SECONDED b
Commissioner Eggert, the Board unanimously adopted
Resolution 87-52, urging the Secretary of the United
States Department of the Interior to establish a
coastal buffer around the State of Florida.
Jm 1987 44-kUN, [a,L53
JUN 91997 BOOK 68 Fa;c.5347
RESOLUTION NO. 87-52
A RESOLUTION URGING THE SECRETARY OF THE UNITED
STATES DEPARTMENT OF THE INTERIOR TO ESTABLISH
A COASTAL BUFFER AROUND THE STATE.
WHEREAS, the United States Department of the Interior is
currently considering whether to include in the Outer Continental
Shelf oil and gas leasing program areas 3 miles from the Florida
Keys Atlantic Coast and 10 miles from Florida's Gulf Coast,
including the Everglades and Florida Keys coastline; and
WHEREAS, Florida's beaches are a major tourist attraction,
as well as a prime factor in the high quality of life Florida
offers her citizens including those in Indian River County; and
WHEREAS, the commercial and sports fishing activities of
residents and tourists of Florida and Indian River County depend
on clean and biologically productive waters, including the major
estuarine systems of the Indian River Lagoon, as well as the
beaches along the Atlantic Ocean and the near shore reefs
associated with Indian River County; and
WHEREAS, offshore oil development near Florida's coast
could place the state's and Indian River County's sensitive
marine environment and economy at risk;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River
County urges the Secretary of the United States Department of the
Interior to remove all waters off the Florida Keys and Everglades
coast (east of 820W longitude and south of 250N latitude and
Straits of Florida Planning Area) from the 5 -year (1987-1991) OCS
oil and gas leasing program and include a 30 -mile 5 -year coastal
buffer around the State of Florida in order to protect Florida's
coastal resources and those associated with Indian River County.
THIS RESOLUTION, was moved for adoption by Commissioner
Bowman, seconded by Commissioner Eggert and adopted on the 9th
day of June, 1987, by the following vote:
Commissioner
Don C. Scurlock, Jr.
Aye
Commissioner
Margaret C. Bowman
Aye
Commissioner
Richard N. Bird
Aye
Commissioner
Carolyn K. Eggert
Aye
Commissioner
Gary C. Wheeler
Aye
The Chairman thereupon declared the Resolution duly passed
and adopted this 9th day of June, 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY G
DonC. Surlock, J ./
Chairman
AT EST: ,
Freda W Le }
�e
APPROVED AS TO FORM
AND LEGAL UFFICI-E CY:
lamBruce Barkett
Assistant County Attorney
PROJECTED SALARY OF MEDICAL EXAMINER
Administrator Balczun reported that the SelectionlComnittee
has established a job description for the Medical Examiner's _
position with the annual salary in the range of $90,00-$120,000
and is requesting the Board's authorization to advertise for a
successor to Dr. Walker. The position is presently atl$90,000,
but it is the feeling of the Committee that $120,000 i very
reasonable for the services of a board certified foren is
pathologist. However, since there are only 538 in theentire
country, it is doubtful that we will be able to hire oche. The
Committee's guess is that it will take somewhere in th' $90,000
range to get a regular pathologist, of which there are only about
2000 in the country.
Chairman Scurlock asked if there had been any mor
discussion about our county not paying it fair share, nd
Administrator Balczun stated he had not heard anything further,
but will request that item to be placed on the agenda for the
next meeting.
Chairman Scurlock emphasized that Dr. Walker still has
$90,000 left in this year's fiscal budget, and stressel that it
has to be made very clear that he has the money in his budget to
pay for any and all tests requested.
Sheriff Tim Dobeck agreed that we need to advise the present
Medical Examiner to continue to run all necessary tests, because
just last week Dr. Walker again refused to run two tests on a
drowning victim in Indian River County. Sheriff DobecR
understood that June 30th would be Dr. Walker's last dy, but
Administrator Balczun pointed out that June 30th is th,e official
date only and that Dr. Walker could opt to serve untillhe is
replaced. The State Attorney's office has made arrangements with
other doctors so that Indian River County will be covered until
another Medical Examiner is hired.
46 JUN 9 1987 BOG(
JUR S 1997 BOOK 68 Pr 6E 53
Commissioner Eggert understood that there is enough money in
this year's budgeted funds to pay for the tests that were
mentioned, and Chairman Scurlock maintained that the problem is
that the money has been allocated on a monthly basis and Dr.
Walker uses that as an excuse.
Sheriff Dobeck recommended that since there is such a fine
line between some homicides, suicides, and accidents, the Board
write a letter to Dr. Walker stating that he will perform all
tests relating to medical examining.
Administrator Balczun reported that the Selection Committee
also has requested each county to provide a staff person to serve
on a fiscal overview group to perpetually monitor the Medical
Examiner's office, and asked for authorization to appoint a
member from staff.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously authorized
the County Administrator to advertise the Medical
Examiner's salary in the range of $90,000-$120,000,
appoint a member of the staff to serve on the fiscal
overview group to monitor the Medical Examiners'
position; and authorized the Chairman's signature on a
letter to Dr. Walker telling him to perform all
required tests relating to medical examining.
REPORT ON THE COUNTY FAIRGROUNDS
The Board reviewed the following memo dated 615187:
47
� a �
'
TO:
COUNTY COMMISSIONERS, MR. DICK
BIRD CHAIRMAN
FROM:
INDIAN RIVER COUNTY
FARM BUREAU BOARD'^| DIRECTORS;
JOB- TILLMAN,
TOM FORTSON, WILL'MARKERv
DAVID
UNTER,
LEX KROMHOUT,
VERNON ALLISON,
JANIE GRAVES,
RANDY GEXTONv
JR., SAM PRYORv
JOEL KEEN, ED JONES,
DUDLEY CLYATT,
TOM HEARNDON
'
DATE:
JUNE 59 1987
RE:
COUNTY FAIR
' `
'
Sir"
^
'
D6ar Mr, and'County Commissioners:
'
Upon hearing the news of tentative plans for next ye rs Fair
being run by an Amusement yompany, probably being called "A
Festival" and having no commercial exhibits and anyonG want-
ing to exhibit must rent their own tent 4-H or otherwise, we-
don't
edon't feel the turnout would be near as large as a bigger
faii. We understand this past year did not do as well as
expected. '
We feel several factors caused this. For one, the Fair being
in March, or possibly April next years, is too-lat n the
year. It is at the tail end of the fair season on the ,
Treasure Coast. People from this county, as well as other
counties who attend ours as we do theirs, are "Faired out",
tired of fairs and spending their money. We feel we should
have a January or February fair every year and it shduld be a
"County Fair", run by the county for the Fairgrounds to
maintain and build up a real County Fairground we can all be
proud of. �
The Firemen have done a wonderful job of starting and build-
ing up a fair that we can all take part in, thay are to be
commended. But now an we are ready to put up buildi gs, we
must have State approval to match funds and ideas an conti-
nuing to make this a true Courty Fairgrounds.
The Indian River County Farm Bureau has available at this
time $75,000.00 to spend on.an Agricultural Exhibit bailding
for All Agricultural interests of this county W Uld have
a lot more, plus get matching funds from the natee,cony if
we have a bonafide County Fair run by a Fair Board o0all
interests in the County. But unless this is a State sanc"
tioned County Fair, for the county and fairgrounds, the State
will not take part in improving and helping us to mat our
fairgrounds a real benefit to all Of us, especially the youth
of our county. We cannot keep talking about helping the
fairgrounds and the youth by putting up a building unless we
are a real County Fairg approved by the State, and have
County guidelines protecting our investment.
,
We urge you to take action on this now.
ment to this project as it means a lot
County.
Thank youv
�
'Lbts make a commit -
to a lot of uspin this
_
Will Barker
Chairman Indian River County Farm Bureau
Fair Building Committee
48
B�� ����
^���8� �� ����8 BOOK
JUN 9.1987 BOOK 68 P,�,UE 537
Commissioner Bird reported that the consultants have gone
back to the drawing board on the master plan for the Fairgrounds,
and will be bringing it back shortly to the committees and the
Commission. In the meantime, representatives of the
agricultural community want to build an agricultural exhibit
building on the Fairgrounds to be used during the County Fair,
and they have written the above letter stating that they have the
intention and the funds to go ahead with an exhibit building once
it is determined that it will fit in with the master plan of the
County Fairgrounds. Commissioner Bird felt this structure would
be a tremendous asset to the county, and noting that Joe Tillman
and Will Barker were in attendance, thanked them and their
associates for their endeavors in this project. Commissioner
Bird wished to have the Board consider their suggestions about
having a County Fair run by the County at the County Fairgrounds
and that the fair be held in January or February every year.
Attorney Vitunac updated the Commissioners on the status of
establishing a County Fair, and explained that State Fairgrounds
Director Wally Rich has advised that Indian River County can
abolish the corporation, operate the County Fair, and designate a
department of the county to handle it. Apparently, the State
feels the auditing procedures for the last two years are
inadequate, and this way the County would be in control of the
auditing procedures. Mr. Rich is planning to visit us in July
to go over an agreement to that effect, and will take that
agreement back to Doyle Connors. However, Mr. Rich feels it is
all set.
Mr. Barker emphasized that they cannot start on the
agricultural exhibit building until it is determined that it fits
into the master plan.
Commissioner Bird believed that the indication of the
Commission is that it is in favor of having a County Fair, and he
felt we are heading in that direction and will continue to work
together with all interested parties.
49
� � r
\_v REPORT ON FELLSMERE LIBRARY BUDGET
The Board reviewed the following memo dated 615187:
TO: Mades P.-- Balczun DATE: June 4, 1987 FILE.
County Administrator ----
FROM:
SUBJECT:
Fellsmere Library Budget
Lynn Walsh c)"�y*-�&PREFERENCES:
Sebastian Library Director
Attached please find an up -dated proposed budget for the Fellsmere Library
for fiscal year 1987 (June 16 - September 30) and for fiscal year 1988.
Expenditures which will be incurred by the Sebastian Library, the IRC Building
and Grounds office, the Fellsmere Library Association and the City of Fellsmere
are listed with a summary of cost allocations of each. On June 11th the City
Council will at its regular meeting decide exactly how much support they are ..
willing to give, so until then, this is another rough draft.
TO: Lynn Walsh
Sebastian Library Director
FROM: Charles P. Balczun
County Administrator
DATE: June 5, 1987 OF rpo
SUBJECT: FELLSMERE LIBRARY BUDGET
REFERENCES:
Thank you for your June 4, 1987 memorandum and proposed library budget.
I note that the proposed budget included potential costs for maintenance of
buildings and grounds as well as certain other improvements. It is my opinion
that the County should not be responsible for these costs and should be the
responsibility of the City of Fellsmere.
FELLSMERE LIBRARY BUDGET
Sebastian Library Expenditures
Object FY 87 FY 88
Category # Object Category 16/12 - 9/30)
011.12 Regular Salaries
1,056 (12 tars/wk) 5,978 (20 firs/wk)
012.11
Social Security
76
444
012.12
Retirement Cont.
139
791
012.13
Ins_.- Life & Health
71
467
012.14
Workmen's Comp.
7
39
TOTAL SALARIES & BENEFITS
1,349
7,719.
50
JUN 9 gJ 7 BOOK LJ8�_�3
TOTAL EXPENDITURES 2,465 15,784
NOTE: The above expenditures are included in the Sebastian Area County
Library Budget for FY 87 and in the proposed Sebastian Area County
Library Budget for FY 88.
FELLSMERE LIBRARY BUDGET
FELLSMERE LIBRARY ASSOCIATION FY 87 FY 88
Building Insurance $ 494 $ 494 ?
Other Improvements 350 * ?
TOTAL $ 844 $1,000 ?
INDIAN RIVER COUNTY - BUILDING & GROUNDS FY 87 FY 88
PTelephone - $ 400
Electric Service - 1,000
TOTAL $1,400
NOTE: These budget items are included in the Sebastian Area County Library
budget for FY 87.
51
1:7
WK C'S Pt4;E,�
034.02
All Travel
155
600
034.11
Telephone
136
0
034.31
Electric
300
0
034.42
Rent - Buildings
5
0
034.43
Rent - Office Equipment
220
220
034.63
Maint. - Office Equipment
0
350
034.71
Inhouse Printing
0
325
034.72
Outside Printing
100
150
035.11
Office Supplies
50
200
035.25
Institutional Supplies
50
200 -
035.29
Other Operational Supplies
100
350
035.45
Books
0
5,000
.035.46
Subscriptions
0
370
TOTAL OPERATING EXPE®SES
1,116
7,765
066.41
Office Furniture & Equipment
0
300
TOTAL CAPITAL OUTLAY
0
300
TOTAL EXPENDITURES 2,465 15,784
NOTE: The above expenditures are included in the Sebastian Area County
Library Budget for FY 87 and in the proposed Sebastian Area County
Library Budget for FY 88.
FELLSMERE LIBRARY BUDGET
FELLSMERE LIBRARY ASSOCIATION FY 87 FY 88
Building Insurance $ 494 $ 494 ?
Other Improvements 350 * ?
TOTAL $ 844 $1,000 ?
INDIAN RIVER COUNTY - BUILDING & GROUNDS FY 87 FY 88
PTelephone - $ 400
Electric Service - 1,000
TOTAL $1,400
NOTE: These budget items are included in the Sebastian Area County Library
budget for FY 87.
51
1:7
op
CITY OF FELLSMERE
Janitorial Services - contracted
Maintenance - Buildings,
Grounds
Other Improvements
TOTAL
OTHER
Maintenance - Air Conditioner (Marion Turner)
Pest Control- (Insecontrol: donated services)
TOTAL
FY 87
FY 88
$ 300
$ 900
1,880
500 ?
80
240
1,500 *
1,000 ?
$1,880
$2,640
F_
FY 88
$1,400 ?
90
180
$1,490
$ 180
i
NOTES: * Fellsmere Library Association to provide "roof paper and tar for roof repair.
City Of Fellsmere to bearacost of repairing roof excluding materials.
FELLSMERE LIBRARY BUDGET
Cost Allocation Summary
Indian River County - Sebastian Area County
Library Budget
Indian River County - Building & Grounds
Dept. Budget
Fellsmere Library Association
City of Fellsmere
Other Donated Items
TOTAL COSTS
52
FY 87
FY 88
$ 2,465 $15,784
.0
1,400
844
1,000
1,880
2,640
1,490
180
$ 6,679
$21,004
BOOK B Fk�GE.540
ijum 1987 1
BOOK 68, FvJE 541
Commissioner Eggert explained that she brought this matter
to the Board today because she feels there was some
miscommunication regarding the building insurance. She
emphasized that the Women's Club works very hard to raise the
money for the present insurance premiums, and it has been her
hope that if the additional hours contributed by the County to
the Fellsmere project resulted in them having to pay a higher
insurance premium, the County would pay the extra amount. At
present, she did not know for sure if there would be any
additional premium costs or what they would amount to, but would
like the lease to read that we will pay any difference in the
insurance.
Commissioner Bowman suggested that we wait until we see if
there is any increase in the premium, but Commissioner Eggert
wished to take the Commission's feelings in this matter back to
them at this Thursday's meeting.
Chairman Scurlock stated that he did not have a problem with
it, and pointed out that the County assumes a certain degree of
liability when we decide to operate a library.
Commissioner Eggert cautioned that the Fellsmere program may
not be successful and could cease at any time.
Administrator Balczun stated he did not disagree with the
concept of the County paying for part of the insurance, but did
not want to convey the message to them that they could choose the
coverage and then apportion the costs.
Chairman Scurlock suggested that we set an amount and
indicate that we are willing to participate financially.
It was agreed that Commissioner Eggert would take the
message back to the Fellsmere Library Association that the Board
would participate in the expanded insurance coverage necessary to
operate the library.
Commissioner Bird wanted to know, at some point, what amount
that participation would be, and Commissioner Eggert advised that
53
- M
■
after Thursday's meeting, she would be bringing the lease and the
insurance matter back to the Board for final approval. _
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 10:30 o'clock A.M.
ATTEST;
Clerk
JUN 9.1987 54 BOOK 68 FAfUE 542