HomeMy WebLinkAbout8/4/1987Tuesday, August 4, 1987
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
August 4, 1987, at 9:00 o'clock A.M. Present were Don C.
Scurlock Jr., Chairman; Margaret C. Bowman, Vice Chairman;
Carolyn K. Eggert; and Gary C. Wheeler. Absent was Richard N.
Bird, who was on in Tallahassee on County business. Also present
were Charles P. Balczun, County Administrator; Charles P.
Vitunac, Attorney to the Board of County Commissioners; Joseph
Baird, OMB Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Stan Sanford of the First Baptist Church in Wabasso
gave the invocation, and Attorney Vitunac led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the addition to today's Agenda
of an item regarding insurance on the Fellsmere Library.
Chairman Scurlock wished to add a brief status report on the
North County Wastewater Special Assessment.
Commissioner Wheeler wished to add status reports regarding
the Indian River Boulevard southerly extension with respect to
the fence at Tropic Villas North and the wall along the frontage
of Fairlane Harbor Mobile Home Park.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously added the
above items to today's Agenda.
to
BOOK [HUL s
FF" --
AUG 4 1987
APPROVAL OF MINUTES
BOOK F 'J -L 45
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meetings of July 7,
1987, or July 14, 1987. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
Minutes of the Regular Meetings of 717187 and 7114187,
as written.
CONSENT AGENDA
A. Approval of Renewal Applications for Permit to Carry a
Concealed Firearm
The Board reviewed the following memo dated 7115187:
TO: Board of County Commissioners DATE:. July 15, 1987 FILE:
FROM: Charles P. Balczun
County Administrator
SUBJECT: PISTOL PERMIT RENEWALS
REFERENCES:
The following people have applied through the Clerk's Office for .renewal of
their pistol permits:
Michael P. Riggio
Robert A. Weems, Sr.
Earl Sullivan
Joseph A. Chiarella
Wendy L. Chiarella
Daniel R. Campbell
Wilford B. Needs
Thomas Steinruck, Jr.
All requirements of the ordinance have been met and are in order. .
a
2
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird being on vacation) approved the
following renewal applications for a permit to carry
a concealed firearm:
Michael P. Riggio
Robert A. Weems, Sr.
Earl Sullivan
Joseph A. Chiarella
Wendy L. Chiarella
Daniel R. Campbell
Wilford B. Needs
Thomas Steinruck, Jr.
B. IRC Jail Project, Phase 11 -- Electrical Service
The Board reviewed the following memo dated 7/16/87:
TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 24, 1987
THRU: CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
FROM: H. T. (SONNY) DE
OWNERS AUTHORIZED PRESENTATIVE
SUBJECT: INDIAN RIVER COUNTY JAIL PROJECT -PHASE II; ELECTRICAL
SERVICE
On November 4, 1986, the Board of County Commissioners approved a
contract with FMR Electrical Contractors, Inc. to perform the
subject work. The contract was based on 700 linear feet of 4"
conduit from the southeast corner of the property line to the
transformer located in front of Building C. The length of conduit
was determined from a drawing submitted by the City of Vero Beach
Municipal Electric System. However, when the City started
construction they decided not to extend this existing service line
but required us to extend our conduit to, their pole located 200'
further.
FMR performed the work as required by the City and installed an
additional 200' linear feet of 4" conduit. They have requested
$3,465.38 payment for the additional work. The price per foot for
the first 700 feet of work was $17.83. The price of $3,465.38 `for
the additional 200 feet is based on $17.33 per foot.
Staff recommends approval for payment of the invoice as submitted.
40 181
3
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BOOK 69 4 6
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AUG 4 1987
BOOK
ON MOTION by Commissioner Bowman, SECONDED by
9
Commissioner Eggert, the Board unanimously (4-0),
approved the payment of the invoice from FMR Electrical
Contractors, Inc. in the amount of $3,465.38 for
additional conduit work on Phase 11 of the County Jail.
FMRElectrical Contractors, Inc.
P.O. Box 1977 • Melbourne, Florida 32902-1977 • (305) 727-3712 • Lic. *ER 0009497
Sold To: INVOICE
BOARD OF COUNTY COMMISSIONERS Date: July 20, 1987
1840 25th Street _511016
Vero Beach, FL 32960 Invoice No.
Job No. -87-511
ATTENTION: SONNY DEAN Your Order No. P -O- 015569
:-REFERENCE: IRC Jail, Phase II 1, REQ- #652
TERMS: %Cash Discount 10th Interest Charge of 11h% per Month (18%
Net 25th of Month Per Year) Will Be Applied To All Past
Due Invoices.
Item No. 1 per proposal dated October 27, 1986 and per Purchase
Order #15569. Install two (2) 4" PVC Conduits to utility company's
power pole at south east property line.
Original Contract (paid in full) $12,484.00
Revision to proposal dated 7/20/87.
Extend two (2) 4" PVC Conduits
to utility company's revised
power pole location on east property
line.
Added Amount $3,300.36
5% State Sales tax 165.02
Total $3,465.38
TOTAL AMOUNT DUE THIS INVOICE .....................$3,465.38
(work completed 7/20/87)
4
C. Sheriff's Administration Building -_Change Order - IRC 3-7
The Board reviewed the following memo dated 7/16/87:
TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 11.6, 1987"=-
THRU: CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
FROM: H. T. D
OWNER'S AUTHO IZED REPRESENTATIVE
SUBJECT: SHERIFF'S ADMINISTRATION BUILDING
CHANGE,ORDER - IRC 3-7
Item No. 1 of subject Change Order is necessitated due to previous -
Board action to change the confiscated property compound area from
grass to a concrete slab. Retention ponds required attention to allow
for water run-off. Five Thousand Dollars was included in the budget to
complete the work.
Item No. 2 is required due to an assumption by maintenance personnel at
the Sheriff's Department that certain necessaryitems for the front end
alignment equipment was included in the base price. This was not known
until ',the vendor received our purchase order. The $2,321.00 for the
additional equipment will be taken out of the contingency fund for the
project.
Staff recommends approval.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
approved Change Order IRC 3-7, as recommended by staff.
Q
4 19®7 5 BOOK 69 r = 48
C
CHANGE
ORDER
AIA DOCUMENT G701
Distribution to:
OWNER
❑
ARCHITECT
❑
CONTRACTOR
❑
FIELD
❑
OTHER
❑
BOOK 0 A
PROJECT: Sheriff's Administration Building CHANGE ORDER NUMBER: I.R.C. 3-7
(name, address)
INITIATION DATE: July 7, 1987
TO (Contractor):
ARCHITECT'S PROJECT NO: 8528
PCORPORATION CONTRACT FOR: One story Mock
P.O. Box 249 office building
Highland City, F1 33846.
L J CONTRACT DATE: Qctober. .13 t 1986
You are directed to make the following changes in this Contract:
1. Alter retention ponds west of. eyidence storage building (for water run off due
to'c0ncrete'slab added to •corifUcAted property compound in change order no. I:R.C. 341
CSee Attached Breakdown).
2. Furnish and install additional required
front end alignment equipment as authorized
by the Sheriff's office.(See attached breakdown)
Add;
Total add:
$4,515.00
$2,321.00
$6,836.00
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustMent in the Contract Sum or Contract Time.
The original (Contract Sum) XW4 was ........................... $
2,1067155 ; •QG
Net change by previously authorized Change Orders .:................................. $
411 IP -39 ., 37
The (Contract Sum) 1a�krXt�X�X+K�lc'riiira prior to this Change Order was ...... $
21,517,394.. 37
The (Contract Sum) MMMIUiM9iiAAwili be (increased) (aXe%XMEMM"M94
bythis Change Order .. '..:....:... ....................................................... .$
6 836, 00
,
The new (Contract Sum) (#�tialrlLd(t�X&YJ dcMrJIt )MU including this Change Order will be ... $
2, 524, 230 .37
The Contract Time will be (unchanged) by
( 0 )'Days.
The Date of Substantial Completion as of the date of this Change Order therefore is
,
Authorized:
C.E. BLOCK ARCHITECT, INC. PWR CORPORATION. .CHAIRMAN
OF I•R.C. COMMISSION
ARCHITECT 1995 39th Aye.• • . CONTRACTOR P 0 • BOX Z49 OWNER
T
Address Address • • -- Add
Vero .Beach Fl 329.60. •H' hl nd Cit Fl 33846X
,l/rr�•�1-���-
BY BY BY
-A
DATE '7 — -7 DATE DATE
/Y2/
AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION AIAe 01978
THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 2000x.
G701-1978
6
D. Application for HUD Rental Rehabilitation Program for Small
Cities
The Board reviewed the following memo dated 7/27/87:
TO: The Honorable Members of the DATE: July 27, 1987 FILE:
Board of County Commissioners
Through: Charles P. Balczun
County Administrator
SUBJECT: mm - Admi-ni.stered -
Rental Rehabilitation
Program for Small
Cities (Non Formula)
FROM: Gu L. Decker Jr. REFERENCES: "
Guy _
Executive Director
IRC Housing Authority '
It is recommended that the data herein presented be given formal consideration by
the County Commission. t
DESCRIPTION AND CONDITIONS:
The Department of Housing and Urban Development (HUD) has announced a competition
and availability of funds for a HUD -administered Rental Rehabilitation Program for Small
Cities, pursuant to Section 17 of the United States Housing Act of 1937 (42 USC 14370) =
which was enacted by Section 301 of the Housing and Urban -Rural Recovery Act of 1938
(Public Law 98-181), approved November 30, 1983. A total of $1,565,000 in Rental Rehabili-
tation Program grant finds and Section 8 Housing Vouchers are available for the Rental
Rehabilitation Program for Small Cities in the State of Florida.. In HUD's Circular Letter
No. 87-46 dated July 2, 1987, Indian River County was included in the list of eligible
cities and counties. The deadline for submission is 4:00 P.M. August 17, 1987, and must
be received on that date in the DHUD Jacksonville office to be considered in this year's
competition.
The program is designed to assure an adequate supply of standard housing affordable
to lower-income tenants as it increases the supply of private market rental housing
available to lower-income tenants by providing government funds to rehabilitate existing
units and provide rental assistance to lower-income persons to help them afford the rent
of these units. One Section 8 Certificate and/or Voucher is provided for each $7,500 of
grant funds to help eligible lower-income tenants to pay the rent for rehabilitated units.
In order to leverage the maxiTrnnn amount of private capital, rehabilitation subsidies are
generally limited to 50 per cent of the cost of rehabilitation, not to exceed $7,500 per
unit adjusted for high cost areas. Grant funds may only be used to correct substandard
conditions, make essential improvements, and repair major systems in danger of failure.
Units will be rented at market rents, and no special project rent controls or restrictions
will be used. Within the lower-income and neighborhood targeting requirements, the Rental
Rehabilitation Program leaves broad opportunities for local program design and flexibility.
ALTERNATIVES AND ANALYSIS:
This is the third year Indian River County has been placed on the eligibility list
to enter the competition for funding, and this. type of programa parallels our existing
rehabilitation housing efforts.
RECOM4RMTIONS:
We respectfully request the County Commission to authorize its Chairman to execute
the application for submission to the Department of Housing and Urban Development for
this grant.
This program will rehabilitate approximately twenty (20) substandard rental units in
the neighborhoods of Wabasso, Gifford and Old Oslo Park and will provide twenty (20)
Vouchers to lower-income families from the Section 8 Rental Assistance Program, Our total
request for;Federal Assistance is One Hundred Thousand Dollars ($100,000).
This program requires no additional County funds.
7 r ��
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AU r� 41987
BOOK
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
approved the application for HUD Rental Rehabilitation
Program for Small Cities, and authorized the Chairman's
signature.
-APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E. Transfer of Beach Lots from County to City - Flamingo and
Eagle Drives
The Board reviewed the following memo dated 7/15/87:
TO: Board of County Commissioners
P_J_IP3��
FROM: Charles P. Vitunac, County ttorney
DATE: July 15, 1987
RE: TRANSFER OF BEACH LOTS FROM COUNTY
TO CITY ON FLAMINGO & EAGLE DRIVES
CONSENT AGENDA/BOARD MEETING - 8/4/87
Pursuant to Board action on May 19, 1987, the Board of
County Commissioners agreed to a plan for settling the
long-standing title problems for lots on Flamingo and Eagle
Drives. These lots were acquired by the City and the County
through tax foreclosure deeds after World War Ii.
The arrangement arrived at had the County transferring its
interest in certain lots to the City for the City to then
offer them for sale or other disposition. After the sale,
the City will remit 90% of the sales' prices to the County,
keeping 10% for its cost of the sale. In addition the City
will quitclaim five parcels to the County for the County to
sell or keep itself. The parcels to which the County is
getting title are buildable lots and are free and clear of
any significant easements or other restrictions. The lots
to which the City is getting title are generally not
buildable and are encumbered by utility rights of way and
other restrictions which render them useful only to adjacent
lots.
This office requests authorization from the Board of County
Commissioners for the Chairman and Clerk to execute the
attached deeds (which were prepared by the City Attorney's
Office) transferring title on certain agreed-upon lots from
the -County to the City.
Back-up information and copies of the deeds to be executed
are on file in the County Attorney's Office.
8
u
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
approved the transfer of title from the County to
the City of certain lots on Flamingo and Eagle Drives
as het out in the above memo, and authorized the
Chairman's signature on the deeds.
COPIES OF DEEDS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
F. Partial Release of Assessment Liens - SR -60 Water 6 Sewer
,The Board reviewed the following memo dated 7127/87:
TO: Board of County Commissioners
�.�aw R vd .
FROM: Charles P. Vitunac, County Attorney
DATE: July 27, 1987 ,
RE: CONSENT AGENDA - BCC MEETING 8/4/87
ROUTINE RELEASE OF COUNTY UTILITY LIENS
This office has processed the following matters and requests
permission for the Chairman to execute the standard release
forms:
(1) Partial Releases of Liens
State Road 60 Sewers6 Water
LYNNLEE DEVELOPMENT CORP.
Map Nos. D-1 and 15 _
Condominium Unit 202,
Pine Creek Condo II -
(PETERSON)
(2) Partial Releases of Liens
State Road 60 Sewers 6 Water
LYNNLEE DEVELOPMENT CORP.
Map Nos. D-1 and 15
Condominium Unit 203,
Pine Creek Condo IV
(HART IGAN)
(3) Partial Release of Lien - Map 41
State Road 60 Sewers/Release 1 ERU
Paid by REALCOR OF VERO BEACH
Unit 268-S of COUNTRYSIDE SOUTH
The back-up information for the above releases is on file in
the County Attorney's Office. ,
8001(
9
L_ AUG 4,1987
r-
�AUG 4 1977
l300K 6 9`.��J;. 5 3 �
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board approved the
following partial assessment liens on the SR -60
water and sewer project:
Lynnlee Development Corp.
(1) ERU each for water and sewer
Pine Creek Condo II, Unit 202 (Peterson)
Lynnlee Development Corp.
(1) ERU each for water and sewer
Pine Creek Condo IV, Unit 203 (Hartigan)
Realcor of Vero Beach
(1) ERU for sewer
Countryside South, Unit 268-S
PARTIAL RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
G. Extension of Letter of Credit - Shorelands West Subdivision
The Board reviewed the following memo dated 7129187:
TO: The Board of County Commissioners
DATE: July 29, 1987
SUBJECT: Shorelands West.Subdivision - Request for
Extension of Contract for Construction of
Required Improvements and Extension of
Corresponding Letter of Credit
FROM: Bruce Barketf- Assistant County Attorney
Shorelands West is a proposed 13 -lot subdivision of a parcel
of property approximately 9.43 acres in size located on the
west side of State Road A -1-A across from Smuggler's Cove
Subdivision. The developer and the County entered into a
contract for construction of required subdivision
improvements as a condition of subdivision approval and the
contract was secured by a letter of credit representing 115%
of the certified cost estimate for the required
improvements.
In May, 1987, the developer requested and the County
approved a 74% reduction in the amount secured by the letter
of credit because at least 74% of the required improvements
had been completed.
The developer here requests that the contract for
construction of required improvements be extended through
January 27, 1988, and a corresponding extension of the
letter of credit.
It is recommended
_approve extension
extended letter of
by the Chairman.
that the Board of County Commissioners
of the subject contract and accept the
credit and authorize necessary signatures
10
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
approved the extension of the contract for construction
of required subdivision improvements, accepted the
extended letter of credit, and authorized the
Chairman's signature, as recommended by staff.
SECOND AMENDMENT TO CONTRACT AND LETTER OF CREDIT ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
H. Resolution, Tourist Development Tax, Authorization of Wire
Transfer to Designated Bank
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
adopted Resolution 87-82, authorizing the State to
designate a bank to receive the local option tourist
development tax and authorizing the bank so designated
to wire transfer said taxes to a bank designated by
Indian River County to receive such funds.
RESOLUTION NO. 87- 82
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AND
AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE, IN
ACCORDANCE WITH RULE 12-10.009 (F.A.C.) TO
DESIGNATE A BANK TO RECEIVE THE LOCAL OPTION
TOURIST DEVELOPMENT TAX; AUTHORIZING THE BANK SO
DESIGNATED TO WIRE TRANSFER SAID LOCAL OPTION
TOURIST DEVELOPMENT TAX TO A BANK DESIGNATED BY
INDIAN RIVER COUNTY TO RECEIVE SUCH FUNDS; AND
FURTHER TO AUTHORIZE THE BANK DESIGNATED BY THE
FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE COST
OF THE WIRE FROM THE AMOUNT RECEIVED FOR TRANSFER.
WHEREAS, the Florida Department of Revenue has adopted
Chapter 12-10.009, Wire Deposit of Revenue Sharing Funds, in
the Rules of the Department of Revenue, State of Florida,
and
11
BOOK
I 54
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BOOK F,,;E P� .
WHEREAS, it is in the best interest of. Indian River
County, Florida, to receive the Local Option Tourist
Development Tax funds by wire transfer;
NOW, THEREFORE, BE IT RESOLVED BY THE.BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
.1. In accordance with §17.075, Florida Statutes, and -
Rule 12-10.009, Florida Administrative Code, the Florida
Department of Revenue is authorized to designate a bank to
receive the Local Option Tourist Development Tax state
warrant.
2. The bank so designated is authorized to wire
transfer said Local Option Tourist Development Tax funds to
a bank designated by the Board of County Commissioners of
Indian River County, Florida.
3. The bank designated by the Florida Department of
Revenue is authorized to deduct the cost of the wire
transfer from the amount received for transfer.
The foregoing Resolution was offered by Commissioner
Bowman who moved its adoption. The motion was seconded
by Commissioner Eggert 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 Richard N. Bird Absent
Commissioner Carolyn K. Eggert Aye
Commissioner Gary Wheeler Aye
! The Chairman thereupon declared the Resolution duly
ii passed and adopted this 4th day of August, 1987.
E' BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
' s By_ '
it Attest Don C. Scurloc , Jr.
Chairman
Vie— right, erk
�- 12
J
PUBLIC HEARING - MACHATA REQUEST.TO REZONE 5.4 ACRES FROM
AGRICULTURAL DISTRICT TO SINGLE FAMILY RESIDENTIAL
The hour of 9:05 o'clock having passed, the Deputy Clerk
read the following Notice with Proof of Publication 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
In the matter of
In the Court, was pub-
lished in said newspaper in the issues of l
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 maul 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-
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the p rpose of securing this adver.
tisement for publication in the said newspaper.
Swim to and subscribed befo a me this day of A.D.
l rt tBusineis.Manageri
Nonce —PUBLIC NEARIND-
Notlu at having to consider the adoption of
oning land halt A.I.
%1gnCa to a1�Disaict rolhance � ngiFFomly Resi-
dmrrtlW I' Mot. TM sublecl p"Ps"y is presenay
owmd lty Andrew R. Machaand Io
Is catM 00
ON wast NRta
dis of &R. AIA, abatis of 109111 Ptap
(Mannsr'm Wq).
TM mugeet properly b dsseriesd as
TM moor of tM soup. Mot Groan
- pint lel 11, Section 10, Township 311
-
. moupt. Range 39 East Isis and except-
IF
xceptIng put part h�in0 eaft off Stats Road
AtA.1;1 RhsirCam
A pub9a hsarbp at - I ld pa -1 In ubaran
and ci= shell have an oppabmdy to be
heard. will be had by rM Board of County Con►
mltliorters of Indian RWM County, Florida. In VO
County Commission Chambers of the County
AdmiMspvtiOn BWlang, IOceted at 1610 25M
Strae4 Vero Seven, Florida on Tuesday. August .
4,1987, at 9:OS a.m.
Myau who may wish to appeal any decision
wtJsln may be made u iiia meelmg will now to
Ordureanre that • verbatim rmoord of the Procaeangs
Is made. which tndudes teabmony and avbdara:a -
upon which the appeal is basad.
Indian River County
Board of Coady Commnsiomra
July 18, 1887
By.zodn' C. Sunubk Chavbnan
The Board reviewed the following memo dated 7/22/87:
TO: The Honorable Members of DATE: July 22, 1987 FILE:
the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Ro ert M. Keatig, P
Director, Commis it evelopment
Division
ANDREW R. MACHATA REQUEST -
TO REZONE 5.4 ACRES FROM
A-1, AGRICULTURAL DIST-
RICT TO RS -3, SINGLE-
FAMILY RESIDENTIAL DIST-
RICT
FROM: Nearing
� 'C � REFERENCES:
staff Planner
it is requested that the data presented
consideration by the Board of County
regular meeting of August 4, 1987.
herein be given formal
Commissioners at their
AU X07 3 BOOK t�;8 PAW 56o
x
_ I
The hour of 9:05 o'clock having passed, the Deputy Clerk
read the following Notice with Proof of Publication 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
In the matter of
In the Court, was pub-
lished in said newspaper in the issues of l
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 maul 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-
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the p rpose of securing this adver.
tisement for publication in the said newspaper.
Swim to and subscribed befo a me this day of A.D.
l rt tBusineis.Manageri
Nonce —PUBLIC NEARIND-
Notlu at having to consider the adoption of
oning land halt A.I.
%1gnCa to a1�Disaict rolhance � ngiFFomly Resi-
dmrrtlW I' Mot. TM sublecl p"Ps"y is presenay
owmd lty Andrew R. Machaand Io
Is catM 00
ON wast NRta
dis of &R. AIA, abatis of 109111 Ptap
(Mannsr'm Wq).
TM mugeet properly b dsseriesd as
TM moor of tM soup. Mot Groan
- pint lel 11, Section 10, Township 311
-
. moupt. Range 39 East Isis and except-
IF
xceptIng put part h�in0 eaft off Stats Road
AtA.1;1 RhsirCam
A pub9a hsarbp at - I ld pa -1 In ubaran
and ci= shell have an oppabmdy to be
heard. will be had by rM Board of County Con►
mltliorters of Indian RWM County, Florida. In VO
County Commission Chambers of the County
AdmiMspvtiOn BWlang, IOceted at 1610 25M
Strae4 Vero Seven, Florida on Tuesday. August .
4,1987, at 9:OS a.m.
Myau who may wish to appeal any decision
wtJsln may be made u iiia meelmg will now to
Ordureanre that • verbatim rmoord of the Procaeangs
Is made. which tndudes teabmony and avbdara:a -
upon which the appeal is basad.
Indian River County
Board of Coady Commnsiomra
July 18, 1887
By.zodn' C. Sunubk Chavbnan
The Board reviewed the following memo dated 7/22/87:
TO: The Honorable Members of DATE: July 22, 1987 FILE:
the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Ro ert M. Keatig, P
Director, Commis it evelopment
Division
ANDREW R. MACHATA REQUEST -
TO REZONE 5.4 ACRES FROM
A-1, AGRICULTURAL DIST-
RICT TO RS -3, SINGLE-
FAMILY RESIDENTIAL DIST-
RICT
FROM: Nearing
� 'C � REFERENCES:
staff Planner
it is requested that the data presented
consideration by the Board of County
regular meeting of August 4, 1987.
herein be given formal
Commissioners at their
AU X07 3 BOOK t�;8 PAW 56o
AUG 41997
DESCRIPTION AND CONDITIONS
BOOK e y,
Mr. Andrew R. Machata has initiated a request to rezone 5.4 acres
of property from A-1, Agricultural District (up to 1 unit/5 acres)
to RS -3, Single -Family Residential District (up to 3 units/acre).
The subject parcel is located approximately 3/4 mile north of the
Town of Orchid. The applicant proposes to develop the property as
a single-family subdivision. .
On June 25, 1987, the Planning and Zoning Commission voted 5-0 to
recommend approval of this request.
ALTERNATIVES AND ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on- the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The subject property is currently undeveloped. North of the
property lies the Turtle Cove Subdivision zoned RS -3. To the west
and south of the subject parcel are groves zoned A-1. East across
AlA is undeveloped land zoned RM -6, Multiple -Family Residential
District (up to 6 units/acre).
Future Land Use Pattern
The subject property and all land north, south, and west are
designated in the Comprehensive Plan as LD -1, Low -Density
Residential -1 (allowing up to 3 units/acre). The property east
across AlA has a land use designation of LD -2, Low -tensity
Residential -2 (allowing up to 6 units/acre).
Transportation System
The subject 'property has access to AIA (classified as an arterial
street on the Thoroughfare Plan).' The maximum development of the
subject property under RS -3 zoning could generate a maximum of 120
average annual daily trips. This will not reduce the current
level -of -service "A" on this portion of AlA.
Environment
The subject property is not considered environmentally sensitive,
nor is it located in a flood -prone area.
Utilities
The area is not currently served by public utilities.
RECOMMENDATION
Based on the analysis performed, staff recommends approval.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There being none, he
closed the Public Hearing.
14
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
adopted Ordinance 87-49, rezoning 5.4 acres from A-1
to RS -3, as requested by Andrew R. Machata.
ORDINANCE NO. 87- 49
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
The south J of the south } of Government Lot 11, Section 10,
Township 31 south, Range 39 East; less and excepting that
part lying east of State Road AlA, Indian River County,
Florida.
Be changed from A-1, Agricultural District to RS -3, Single -Family
Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 4th day
of Auguste 1987•
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
A rR7 15
AUG
BOOK 58
BOOK `
PUBLIC HEARING - WOLFE REQUEST TO REZONE 5.5 ACRES FROM
AGRICULTURAL DISTRICT TO MULTI FAMILY RESIDENTIAL
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published 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
In the matter of J 471 !Z.'
In the p Court, was pub-
lished in said newspaper In the issues of O
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
VeroBcach, in said Indian River County, and that the said newspaper has heretofore
been conrinuousiy 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. rebatecommission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. �I
Sworn to and subscribed before me this day of A.D.
f
i Ir
(meds Manager)
NOTICE — PUsf.IC 11EJtRINo
Notice of hearing to cam. dls adoplm m
a County ardlnanp Ing fano trom: A -t,
1lgrictrlhear District ioatA-8 Mvnrola•Famgr
Residential District. The sutyecf property
sannY owned by Paul C. Woae, Trueles
boated Boum m S.R. eo, wed of 7901 AvWkie
and sad of 82nd Awnre. :1
The euaJset txopmy is described
The south 797.9 feet m pa
acres m Tract 12 section 1. 12=
33 Soutr6 Range 9E EasL ds acemoclg m -to
tiu last Oemrel pat m lanm tba I
than River Farms Comparry, elect in Ins
mase m fel Clara m IM Circuit Coral m
SL LYCFa County. FbrWa. m Plat Book R
A ptr0lk heanrq at whits pales in h an se
and cttlsenf tha0 Irene m dppommittr t0 ba
heard, win be held try the BdarO m County Coro-
mlesbnars at Intim River County. Florida m tlla I
�Co tCCom = Cnamhvs m tns County f
mg, Touted et t310 tem
, Vero Beach,
4198 Ronda on TuesOay. AugWt
1,1987, at t.05 am.
The Board of County Commiaioners may
districttr�ict �repusde0 waneea it Is tlun�ar►rsense
general use category.
Any==
may wish ro appeal sty deasiol
whim may be moos at ibis masOng wal nese to
insure mat • verGmn record Of the praceedslgs
is made, whim meWdss teahmony and i now os
upon which tel appeal a based.
Indian River County
Board of CM-dy Coemnissionent
July lawon C.Scudaek Wirmm
The Board reviewed the following memo dated 7/22187:
TO: The Honorable Members DATE: July 22, 1987 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keat g, A
Planning & Dev opm Director
PAUL WOLFE REQUEST TO
REZONE 5.5 ACRES OF LAND
FROM A-11 AGRICULTURAL
DISTRICT TO RM -6, MULTI-
FAMILY RESIDENTIAL DIST-
RICT
FROM: David C. Nearing0b"e4 REFERENCES:
Staff Planner, Long -Range Planning
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of August 4, 1987.
16
DESCRIPTION & CONDITIONS
Mr. Paul C. Wolfe has initiated a request to rezone 5.5 acres of ._
property from A-1, Agricultural District (up to 1 unit/5 acres)
to RM -6, Multiple -Family Residential District (up to 6
units/acre). The subject parcel is situated approximately 550
feet south of S.R. 60 and west of 79th Avenue.. This parcel is
located immediately west of a 6+ acre parcel which was approved
for a similar request by the Board of County Commissioners on
June 23, 1987.
The applicant intends to develop the property for residential
use.
On July 9, 1987, the Planning and Zoning,Commission voted 6-0 to
recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject parcel is currently undeveloped, and is a part of a
larger 10+ acre parcel, the north portion of which is also
undeveloped, but zoned RM -6. To the east of the subject parcel is
vacant land zoned RM -6. To the south of the subject parcel are
groves zoned A-1. To the west of the subject parcel is a bank
zoned CL, Limited Commercial District.
Future Land Use Pattern
The Comprehensive Plan designates all properties to the north,
east, and south as MD -1, Medium Density Residential 1 (allowing
up to 8 units/acre). The bank to the west is located within the
650 acre S.R. 60/I-95 Commercial Industrial Node.
Transportation System
The subject property will have access to S.R. 60 via the existing
RM -6 zoned property to the north. S.R. 60 is classified as an
arterial in the Thoroughfare Plan. The subject parcel will
generate a maximum of 248 average annual daily trips, which will
have no effect on the existing level of service for S.R. 60.
Environment
The' subject parcel is not classified as environmentally
sensitive, nor is it considered to be in a flood prone area.
Utilities
Currently public water and sewer are located along S.R. 60.
RECOMMENDATION
Based on the.analysis performed, staff recommends approval.
L
BOOK F a = 60
U
,AUG BOOK
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Attorney Bennett L. Rabin, representing the applicant,
stated he would be glad to answer any questions and urged the
Board to approve the rezoning.
There being no others who wished to be heard, Chairman
Scurlock closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
adopted Ordinance 87-50, rezoning 5.5 acres from
A-1 to RM -6, as requested by Paul Wolfe.
ORDINANCE NO. 87- 50
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
18
C
The south 737.59 feet of the east 10 acres of Tract 12,'
Section 1, Township 33 South, Range 38 East, according to
the last general plat of lands of the indian River Farms
Company, filed in the office of the Clerk of the Circuit
Court of St. Lucie County, Florida, in Plat Book 2, Page 25;
said land now lying and being in Indian River County,
Florida.
Be changed from A-1, Agricultural District to RM -6
Multiple -Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 4th day
of August, 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
Don C. Scurlock,: Jr.7nrhairman
ATTEST BY:
FREDA WRIGHT, C
PARKING ALONG 30TH STREET RIGHT-OF-WAY
The Board reviewed the following memos dated 7/23/87 and
8/3/87:
TO: The Honorable Members of the
Board of County Commissioners
THI=GH:
Charles P. Balczun,
County Administrator
James W. Davis, P.E.
Public Works Directo
FROM: ichael L. Orr,
Traffic Engineer
DATE: July 23, 1987 FILE:
SUBJECT: Parking Along 30th Street
Right-of-way
REFERENCES:
DESCRIPTION OF CONDITIONS
Complaints have been received concerning vehicles parking along the 30th
Street right-of-way immediately north and south of the pavement in the
vicinity of the Vero Beach Country Club.
19 BOOK
AUG 41, 87
,AUG 4 1987
B00K f .
These parked vehicles create several hazards:
1. Stopping sight -distance through the curve west of the 30th
Street/Country Club Drive intersection is restricted;
2. The view of pedestrians crossing 30th Street is obstructed; and
3. A roadside recovery (shoulder) area is not available.
There have been no reported accidents in the vicinity during the past three
years.
ALTERMATIVES AND ANALYSIS
1. Authorize the posting of regulatory signs along 30th Street to
prohibit parking in the right-of-way. Enforcement can not be upheld
until the draft Right -of -Way Ordinance is adopted.
2. Permit parking to continue in the 30th Street right-of-way.
RECOMIV'DATION AND FUNDING
Alternative No. 1 is recamnended to increase safety along 30th Street.
Funds are available for regulatory signs in the Traffic Engineering
Division budget.
TO: County Commissioners
r
FROM:
DATE: August 3, 1987
Since I will be in Tallahassee representing the Commission
before the Governor and Cabinet meeting on Tuesday, August 4th, I
wish to express mg viewpoint on one of the matters on the County
Commission Agenda that is related to the consideration to
prohibit parking along the right-of-way on 30th Street in the
vicinity of the Vero Beach Country Club.
I have been affiliated with this club as a member and a
guest of many of the members for over 30 years and believe that
the club, although private in nature, contributes a great deal to
the recreational and social opportunities for a great number of
our county residents. This additional parking is important to
the functions that are held at the club and to my knowledge has
not created any serious traffic problems. I believe that Michael
Orr indicates that there has not been an accident in this area in
over three years. I would hope that my fellow Commissioners will
take this into consideration and allow the parking to continue as
it has for many years without major incident.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
permitted parking to continue in the 30th Street
right-of-way.
20
HAZARDOUS WASTE COLLECTION CENTER
-The Board reviewed the following memo dated 7/23187:
TO: BOARD OF COUNTY4WAE
NERS DATE: JULY 23-, 1987 -
THRU: TERRANCE G. PIN
.DIRECTOR OF UTICES
FROM: H. T. "SONNY" D
MANAGER OF SOLINAGEMENT
SUBJECT: HAZARDOUS WASTE COLLECTION CENTER -Z
As you are aware, we have.been awarded a grant of $50,000 from DER to =-
construct the subject project. Along with the allocated monies, there
are some time constraints that must be met in order to get reimburse-
ment. All paid invoices must be at the DER -by December 1, 1987.
In order to stay within the allotted time, we need to fast-track the
project. We want to act as the contractor and sub -contract the various
stages of construction. Quotations from at least two sub -contractors
will be obtained on each phase of construction and work will be awarded
to the low bidder. If the formal bid process was used I do not feel
the time limit could be mewt. .,
DER has bought and constructed six (6) of the same type facilities we
intend to use. That is a concrete pad with a modular type building
that meets all the DER regulations. The facility will be enclosed with
a fence and located at the landfill site.
Staff request board action of approval of the fast-track concept
outlined above.
Chairman Scurlock asked if this would be the same type of
structure as the one in Palm Beach County on which we had a
presentation sometime ago, and Utilities Director Terry Pinto
felt!it was somewhat similar; it is a 81 x 22' module -type
facility that the State has approved for other areas. He
stressed that the site will be for the temporary collection of
hazardous wastes waiting for transfer. There will be no
treatment of hazardous wastes at this site.
Sonny Dean, Manager of Solid Waste Management, advised that
the DER already has 6 such centers in the state.
Commissioner Eggert inquired about the status of the grant,
and Director Pinto advised that we were notified just last week
thatlwe were to receive the grant. When the grant money became
available, the State really did not make it known right away and -
4.1987 2,VOK
AUG 41997 BOOK POSE 6S
they did not get rid of the money. They are required to get rid
of the grant money in this fiscal year or they will lose it.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
approved the fast-track concept outlined in the
above memo, as recommended by staff.
AWARD OF CONTRACT - INSURANCE AND RISK MANAGEMENT
The Board reviewed the following memo dated 7/24/87:
yr r•
' „ „ers
T0: Board of County Commissioners Administrator. _—
Attorney
Personnel
• Public Works
FROM: CHARLES P. BALCZUN C�� Community ibev.Utilities
COUNTY ADMINISTRATOR Finance
Other
DATE: July 24, 1987
SUBJECT: AWARD..OF CONTRACT --INSURANCE AND RISK MANAGEMENT
We have completed our review of proposals submitted in
response to our Request for Proposals for Insurance and Risk
Management Consulting Services.
Mr. Baird and I short-listed three firms and
subsequently determined that the firm which appears most
qualified and capable of serving the County's needs is:
E W. Siver & Associates, Inc.
Siver Insurance Management Consultants
9400 -4th Street
P.O. Box 21343
St. Petersburg, FL 33742
Siver proposes to perform an audit of our insurance
program and -prepare a report at a cost of $20,000-$30,000.
This range is based upon the extent of work ultimately
performed in completing the audit and preparing the report.
Actual costs would be calculated as follows
CLASS I Senior Consultants $90.00
CLASS II Consultants $60.00
CLASS III Administrative $25.00
(clerical/record keeping)
While the Board of County Commissioners authorized
staff to award a contract for these services, I feel that
the award should be made by the Board, particularly since
-this is a significant activity involving a considerable
22
� r
amount of the taxpayers' money. We recommend that you
authorize such a contract based on the hourly rates as
indicated and for an amount not to exceed $30,000.
I do not 'believe we should proceed to award a contract
beyond the audit and report levels at this time. We may
wish to contract for additional services as proposed by
Siver once the basic engagement is completed.
The. other two firms short-listed by Mr. Baird and I
are:
Tillinghask, Nelson & Warren, Inc. $25,000-33,500
3340 Peachtree Road
Atlanta, GA 30036 -
Webber Consulting Group $20,000
2900 Chamblee Tucker Road,
Bldg. 15
Atlanta, GA 30341
All proposals received are in Mr.'Baird's office.
Administrator Balczun recommended approval of the award of
contract to E. W. Siver & Associates, Inc.
Commissioner Eggert had a problem with the large spread in
the cost from $20,000 - $30,000, and Administrator Balczun
advised that such a spread in the cost range is not uncommon in
this business.
Commissioner Eggert realized it is not uncommon, having had
the experience of putting together similar proposals, and felt
that experience makes her all the more wary of the spread.
Administrator Balczun stated that he and Director Baird
would be monitoring their work very closely.
Commissioner Eggert felt her main problem is with the hourly
rates, especially the rates for the senior consultants,
consultants, and administrator. She felt the rates were heavy at
the top.
Chairman Scurlock agreed that the Administrator should
monitor the work and develop some sort of reporting mechanism to
the Commission when the cost gets close to $20,000. That way the
Board would be aware of what amount of work is left to be done,
and whether it is justified.
23 BOOK I MR (0fQ
AUG : 4.1987
i
AUG 4.1997
BOOK
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
accepted staff's recommendation and instructed staff
to report back to the Commission when the $20,000
figure draws near.
(ORIGINAL AGREEMENT BETWEEN I.R.CO.BD.OF CO. COMMR'S. AND E.W.
SIVER & ASSOCIATES, INC.,IS ON FILE IN OFFICE OF CLERK TO BOARD)
`FINANCIAL ADVISORY CONSULTANT AGREEMENT WITH M. G. LEWIS
The Board reviewed the following memo dated 7/29/87:
TO: Honorable Members of DATE: July 29, 1987
the Board of County
Commissioners
SUBJECT: M. G: LEWIS
AGREEMENT
FROM: Joseph A. Baird
OMB Director
The Board of County Commissioners authorized staff to draft a
Financial Advisory Consulting Agreement to have M. G. Lewis act
as financial advisor for Indian River County.
Attached is the agreement.
Administrator Balczun advised that this is a standard
- contract, which has been amended to include suggestions from
staff and the Board. Some conditions were added with respect to
- the type of items for which M. G. Lewis would be reimbursed. He
pointed out that the proposed cost schedule under 5. Com2ensation
was approved essentially by the Financial Advisory Committee, and
added that he felt it was extremely reasonable.
Chairman Scurlock felt that M. G. Lewis did a fine job for
us on the recent small issue, even though they were not
compensated for it other than for expenses.
Commissioner Eggert pointed.out that the paragraph just
before 5. Compensation states that the County can incur attorney
24
fees, engineering fees, printing costs for the official
statement, rating agency fees, and the costs of printing and
delivery of debt obligation instruments. She wondered If there
was any control on these items other than the mention of them and
can they be any amount.
Chairman Scurlock advised that they can be, but we have
always required that those particular items appear as line items
and not be lumped in. In fact, we actually have negotiated for
the printing, etc.
Administrator Balczun pointed out that we also have reserved
the right to be the sole judge as to whether we need the item or
not, and what extent it will be.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the Financial Advisory Consulting Agreement
with M. G. Lewis, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
RECOMMENDATION OF NEW MEDICAL EXAMINER AND APPOINTMENT OF IRC
SENTATIVE TO SERVE ON NEW DISTRICT XIX MEDICAL EXAMINER'S
ADVISORY BOARD
The Board reviewed the following letter from State Attorney
Bruc Colton:
AUG 41987
25
t
a' ERS
Bruce H. Colto
State Attorney 95 £ Z
BOOK
Attorney �,
°� OF personnel
blit Works �--
unity Dev. _
INETEENTH JUDICIAL CIRCUIT 01, alt _
.► SERVING Drawer 4401
i INDIAN RIVER, MARTIN, OKEECHcPffanCe 2tZ-Sauth Second Street
AND ST. LUCIE COUNTIES Other Fnrt fierce. Florida 33448
_ _ (305) 465-3000 --
July
July 17, 1987
The Honorable James Minix, Chairman The Honorab.e 0. L. Raulerson
St. Lucie County Commission Sheriff, Okeechobee County
County Administration Building 307 N. W. 5th Avenue
2300 Virginia Avenue Okeechobee, Florida 33472
Fort Pierce, Florida 33450
The Hon. Don C. Scurlock, Jr., Chairmaul The Hon. James A. "Bo" Powell
Indian River County Commission Chief of Police
1840 - 25th Street, Suite N-158 435 North Seventh Street
VeroBeach, Florida 32960 Fort Pierce, Florida 33450
The Honorable Tom Kenny, Chairman
Martin County Commission
P. 0. Box 626
Stuart, Florida 33495
The Hon. James D. Lashley, Chairman
Okeechobee County Commission
304 N. W. 2nd Street, Room 106
Okeechobee, Florida 33472
The Honorable Robert C. Knowles
Sheriff, St. Lucie County
P. 0. Box 2148
Fort Pierce, Florida 33454
The Honorable R. T. "Tim" Dobeck
Sheriff, Indian River County
P. 0. Box 608
Vero Beach, Florida 32961
The Honorable James D. Holt
Sheriff, Martin County
100 East Ocean Boulevard
Stuart, Florida 33495
Gentlemen:- -
The Hon. R. G. "Gil" Kerlikowske
Chief of Police
450 S. W. Thornhill Drive
Port St. Lucie, Florida 33452
The Honorable James M. Gabbard
Chief of Police
1037 - 20th Place
Vero Beach, Florida 32960
The Honorable Charles E. White
Chief of Police .r
P. 0. Drawer 599
Stuart, Florida 33494
The Honorable Larry Mobley
Chief of Police
55 S. E. Third Avenue
Okeechobee, Florida 33472
My purpose in writing is twofold. First, to report to you regarding
the selection for Medical Examiner and, second, to solicit your participation
on an ongoing committee to help assist and offer guidance to the Medical Exa-
miner's Office. 1,
Asyou are probably aware, the Search Committee which we formed sev-
eral months ago has recommended the appointment of Dr. Frederick P. Hoban as
Medical Examiner. I have enclosed a copy of his Curriculum Vitae for your
examination. Dr. Hobin is a Board Certified Forensic Pathologist and has been
a part-time Assistant Medical Examiner in Palm Beach County for several years.
26
L
Since Dr. Walker officially left office on June 30th, I acted in accor-
dance with Florida Statute 406.15 and appointed Dr. Robin as Medical Examiner
pending confirmation by the Medical Examiners' Commission and appointment by the
Governor. Dr. Robin will not be available on a full time basis until September,
and in the meantime Dr. Ronald Reeves has been appointed Assistant Medical Exa-
miner to cover all cases in the four -county area.
I have submitted Dr. Robin's name and qualifications to the Medical
• Examiners' Commission. You will be contacted by the Commission for your feelings
l about Dr. Hobin's appointment, but you can speed the process by writing to the
Commission recommending him for the position.
If you have any questions regarding Dr. Robin's background, qualifica-
tions'or approach to the position please contact me.
The Search Committee has recommended the establishment of the District
Nineteen Medical Examiner Advisory Board. 'The Board will be in continuous exis3=
tence rather than temporary. It is to be composed of a representative of each
County Commission, the Sheriff of each county, the Chiefs of Police of Stuart
Police Department, Fort Pierce Police Department, Port St. Lucie Police Depart-
ment,'Okeechobee Police Department and Vero Beach Police Department, the Chief
Criminalist of the Indian. River Regional Crime Lab, and the State Attorney. The
purpose of the Board will be to work with the Medical Examiner in helping• prepare
budget requests, decide on the purchase of expensive equipment and act as a media-
tor concerning problems between the Medical Examiner's Office and other branches
of government with which the office works. It is anticipated the the Board will
appoint a subcommittee of 2-3 members to work on an ongoing basis with the Medi-
cal Examiner and that the full Board will meet infrequently.
I request that each County Commission appoint one of its members as
representative to the Advisory Board. Each Sheriff and Chief of Police will be
considered a member.
I will contact you in August to set a date to hold an organizational
meeting.
Thank you for your cooperation.
erely,
BRUCE H. COLTON
State Attorney
27 BOOK;, i, •; •?
,AUG BOOK 69
Chairman Scurlock wished to have Administrator Balczun serve
on this advisory board since he has been involved with the Search
Committee for the replacement of Dr. Walker, but apparently they
want a Commissioner to serve on this advisory board.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
approved the recommendation of Dr. Frederick P. Hobin
as Medical Examiner, and authorized the Chairman to
serve on the new District XIX Medical Examiner's
Advisory Board.
APPLICATION FOR C.A.R.L. FUNDS TO PURCHASE SAND RIDGE PROPERTY
Chairman Scurlock understood that the last time this was
discussed, the Board authorized staff to check into the
possibility of receiving the C.A.R.L. funds, but did not
authorize the actual application for funds to be used for the
specific purpose of purchasing the Mooney property on the sand
ridge.
Commissioner Eggert understood that the application does not
bind us to anything at this point.
Commissioner Bowman requested the board to authorize the
submittal of the application, because she believed the
application has been sent in already.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously (4-0)
authorized staff to apply for CARL funds to be used
in the purchase of the sand ridge property.
Chairman Scurlock understood that the canal does pose a
problem in terms of any utility use, and Director Pinto explained
28
J
M
that a wedge of property with individual homes on it is between
this property and the canal, which eliminates the use of effluent
d i*sposa I .
Commissioner Bowman did not think the effluent disposal was
a viable.idea anyway, because she felt the property is much
better suited for a preserve with passive recreation and perhaps
an outside laboratory, demonstration plot, etc.
NORTH COUNTY WASTEWATER ASSESSMENT
Chairman Scurlock gave a brief update on the north county
wastewater project, which will eliminate approximately 15 package
plants in the area, and pointed out that the thing that has been
holding us up is the recent tax law changes which affect the
special assessment process. We have been working with a number
of interested underwriters in terms of various approaches to the
new laws, and after meeting yesterday with our bond counsel, our
financial advisor, Director Baird, the Administrator, and
Utilities staff, we came up with a time schedule working back
from validation. We are looking at January 28, 1988 for a
tentative bond closing on this issue, and that tracks ail the way
back to August 25, 1987, which will be the first time the
Commission takes some action to put us in position to issue these
bonds.
AUG4" i } i
29
BOOK 72-
Fr" -
AUG 4 ,1981
BOOK 69 ;, 73
$7,000,000 NORTH -COUNTY BOND ISSUE
IMPLEMENTATION SCHEDULE
August 25, 1987
Board of County Commissioners
(Tuesday)
Meeting - 9:00 A.M. i
on Assessment Roll and Levy Assessment
1. Project Approval -
Description of Project
October 6,
1987
Board of County Commissioners
2. Set the hearing and a Ve
the plat and preliminary roll.
August 26, 1987
Sebastian City Council Meeting
(Wednesday)
(Evening - 7:00 P.M.)
1. Project Approval
October -12,
2. Set the hearing and approve
Advertise
the plat and preliminary roll.
August 31, 1987
Advertise Resolutions in Press -
(Monday)
Journal "Notice of Assessment
Hearing"
September 22, 1987 Board of County Commissioners
(Tuesday) Meeting - 9:00 A.M.
Hearing on Assessment Roll and
Levy Assesment
September 23, 1987
Sebastian City Council Hearing
(Wednesday)
on Assessment Roll and Levy Assessment
(Evening - 7:00 P.M.)
October 6,
1987
Board of County Commissioners
(Tuesday)
Meeting - 9:00 A.M.
Adopt bond resolution
File Validation Complaint
October -12,
1987
Advertise
(Monday)
November 2,
1987
Validation Hearing
( Monday) -
-
December 2,
1987
Expiration of Appeal Period
(Wednesday)
January 11,
1988
Sale of Bonds
(Monday)
January 12,
1988
Award of Bonds
(Tuesday)
January 28,
1988
Close Bond Issue
(Thursday)
30
Chairman Scurlock felt this bond issue is unique in that it
will take a great deal of cooperation to educate the people
regarding the special assessment process, and advised that we
have identified 5 firms from which to hear proposals. We will be
looking at the costs and whether the firms have the expertise to
do the job, and will bring a recommendation to this Board.
Commissioner Wheeler asked about the requirements for
advertising the assessment, and suggested that notices be placed
in the Sebastian Sun as well as the Vero Beach Press Journal.
Attorney Vitunac felt there was no problem with placing the
notice in both papers, but pointed out that we normally use the
Vero Beach Press Journal because it is a daily newspaper.
Commissioner Eggert advised that she is receiving questions
from people about wastewater service in two areas, the Sebastian
Highlands area and the area in the vicinity of Winter Beach to
Wabasso, She asked what is planned for' those areas in the
future.
Chairman Scurlock explained that with regard to the
Highlands, General Development Corporation has indicated that
they are not particularly interested in a potential acquisition
of their utility franchise by the County. Under its land sales
act, General Development Corporation made certain representations
as a development company, but the utility franchise (GDU) is a
separate company. Basically, their franchise says that they will
extend service based on the economical feasibility of doing so.
What has happened is that GDC has sold lots in some outlying
areas which would make the distribution or collection system
quite costly, and they have been very hesitant and unwilling, in
fact'r to serve some of these outlying areas."
With regard to another area up there owned by Dr. Fischer,
the County has requested GD,U to work with Dr. Fischer to service
the area similar to the River Run project, which established
service to one meter, which services the whole project on a
whol sale type setup. This request was made with the thought
31
AUG BOOK 69 FADE 74
Boa 69 - f'r;uE J, 5
,AUG rrr
that once the County system is available in the general area,
that load could be shed back and then used for GDU and its
expansion. However, GDU has not wanted to do that for whatever
reason.
Director Pinto explained that we designed a very feasible,
economical core system that can be expanded to take on the Winter
Beach and Wabasso area. Currently, the north county system comes
south to Hobart Road, but we are not sure yet how much further
south it will go, because we have yet to draw the northern
boundary line for the Gifford system. If there is some major
development, such as the Mooney property, we would probably bring
them into the north county system rather than the Gifford system.
However, if it is less costly for a developer'to go south, we
would take them south into the Gifford system, because it is all
really one system, just two different plants.
Director Pinto believed that the Gifford system could be on
line in 6 months once the permit business is cleared up. The
north county plant could be on line in approximately 18 months.
Commissioner Eggert asked about the status of the permits on
the Gifford plant, and Chairman Scurlock reported that Bent Pines
has filed two objections; one for the construction of the plant
and one against the effluent disposal.
Director Pinto further explained that they actually have
filed 3 objections: the construction of the Gifford plant, twice,
and the effluent at Hawk's Nest. We have submitted applications
for the plant twice, even though it is the same plant -- one for
Gifford and one for Grand Harbor. However, these objections are
blocking us from building anything, and even though we have
approval for using effluent at Grand Harbor, Bent Pine is
objecting to the construction of the plant itself. A hearing
scheduled for September 12th could result in the removal of the
objection to Hawk's Nest, and then we could withdraw the permit
for Grand Harbor as it is the same plant. Director Pinto advised
that -the north county plant probably will be located somewhere
32
BODK 65 '77
to $700 next year. The ladies of the Fellsmere Library gr
have paid out the $500 that they thought was the total insurance
cost, but that is all the money they have.
Commissioner Eggert wished to see this extra premium (paid
out of the Sebastian Library funds, if they have it, and pointed.
out that it is due by September. She did not want to see
something happen to the Fellsmere Library just because the $578
was not paid.
Chairman Scurlock also wished to see the Commission
authorize the payment of that amount of money if necessary', and
authorize the Legal staff to make sure we are covered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
authorized the payment of the extra insurance premium
of $578, and directed staff to pursue the matter to
make sure that we are covered.
FACo
ASSOCIATION BUILDING FUND
The
Board reviewed the following memo
dated 7/21/87:
FLORIDA
ASSOCIATION P.O Box 549 / Tallahassee, Florida 32302
f
Phone: 904/124-3r460ISTRIBUTION LIST.
of COUNTIES ,
JRECEIVED
::..: .'.
_,_Cc;;,�m...�oners�
s ,
Administrator
July 21, 1987
Attorney
Personnel
Pubiic Works
Community De V. _—
MEMORANDUM
Utilities
Finance ---
TO:
Board Chairmen
Other
County Administrators or Clerks
of the -Court
FROM:
Barbara Sheen Todd, President
RE:
Association Building Fund
One of the main goals of my Presidency has been to seek the
implementation of the recommendations of the Association'sLong
Range Planning Committee. As you know, that Committee completed
its work one year ago and made many significant recommendations
in twelve substantive areas regarding the Association's services,
personnel and legislative activities.
34
7i1
between Hobart Park and Treasure Ridge, back in the area of the
radio tower at Kiwanis-Hobart Park.
Chairman Scurlock felt that we could anticipate continued
harassment by this particular group as they have indicated pretty
broadly that they will try to intervene on any bond validation.
Commissioner Bowman asked if the 7500 reserved taps include
all of central Sebastian, and Chairman Scurlock emphasized that
it includes all of those who voluntarily wished to participate,
except in certain areas where it was not cost feasible.
Director. Pinto reported that the north county plant will
take all the existing treatment plants along the river, and the
lines are sized to handle any expansion.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the North County Wastewater System Bond
Issue Implementation Schedule, as recommended by
staff.
Director Pinto reported that we have just been notified by
the DER that they have moved our grant for the sludge facilities
into the 1988 funding year. They have submitted a rather tight
schedule for us to provide them with information, but he felt we
could comply. He stressed that this is very good news for us,
as the grant is in excess of $1 -million.
FELLSMERE LIBRARY DISCUSSION
Commissioner Eggert reported a problem with an extra
insurance charge of $578 on the Fellsmere Library. Apparently,
the insurance company has been charging premiums on a stucco
building, and has just discovered that the building is actually
stucco on frame. That difference in construction resulted in an
additional premium of $578, but she understands the insurance ,
company has indicated that the entire premium will go back down
33
,AUG, 4 1987 BOOK 69 F-ry f 76
'Most of the Committee's recommendations have now been
implemented. We have established two additional positions on the
Association's staff; we have significantly expanded our training
and educational services; our legislative activities have been
greatly increased; and, our newsletter has been expanded. In
general, the overall goal of the Committee's recommendations was
for the Association to become a more active and visible force in
Tallahassee.
One of their main recommendations was that the Association
purchase or construct a permanent office facility in the downtown
Tallahassee area. Owning an office building will permit the
Association to free up revenues currently being spent on rent for
more productive services. Occupying our building in the downtown
area will greatly increase the Association's visibility with
other Associations and the Legislature. I am writing you today
with regard to our building fundraising effort.
The Association has now raised approximately $50,000 in
contributions and commitments for future contributions from
individuals, corporations and county governments toward a
building whose estimated cost is approximately $600,000. The
Board of Directors voted at its last meeting to=impose a one-
time, special assessment of the amount equal to one year's dues
for each county. The special assessment will enable the
Association to pay cash for a suitable site and to then fund any
necessary renovations through its fundraising activities with
corporations and individuals. We believe that acquiring a
specific site will greatly enhance the Association's ability to
raise the necessary funds for renovation.
Enclosed please find information on your dues for this past
fiscal year. Unless your county is "capped" at the maximum rate
of $35,000 annually, your county's dues will increase slightly
next year based upon population growth. Pursuant to the
Association's Bylaws, special assessments are subject to a vote
of our membership which will occur at our October Annual
Conference. If approved by the membership, the assessment will
equal the amount of one year's regular dues and will be included
with your 1987-88 dues statement.
As the Board discussed the issue of a special assessment, concern
was expressed over the ability of some jurisdictions to fund the
regular dues and a special assessment in one year, and the value
of having 100% membership of counties within the Association was
recognized. No county's membership will be discontinued because
of inability to pay the special assessment; however, it is my
hope, and the hope of the Board of Directors, that all counties
will realize the importance to the 'Association of participating
in this program and will contribute their fair share toward our
fundraising effort.
I appreciate your support for this program and this
Association. If you would like to discuss this issue in greater
detail, please call me at 813/462-3364 or contact the Association
staff in Tallahassee.
BARBARA SHEEN TODD
PRESIDENT
TERRY WOOD
VIU PRESIDENT
ROYCE READY
SECRETARY
I
KURT SPITZER
fVicurt f DIRICIUR
I
Pinellas
Duval
-TREASURER
Polk
;
Commissioner
Wheeler asked
for some direction
from the Board
as to their feelings on paying a one-time, special assessment
35
A
BOOK 69
FI+i. �I
AUG 4 197
BOOK 6 9 P,1u 7 . 9
equal to one year's dues, which would amount to $2675. This
special assessment is to be used to build a new headquarters in
Tallahassee.
Chairman Scurlock recalled that last year they came to us
for an additional amount and said it would be a one-time
assessment. We did not participate, and were not thrown out of
-the association. While he realizes the necessity of lobbying, he
pointed out that there are other coalitions, such as NACo, which
sometimes duplicates lobbying efforts, and sometimes results in
the highly -populated counties lobbying against the smaller
counties on certain issues.
Commissioner Eggert wondered why her letters to FACo asking
for more information are never answered, and had a problem with
the fact that the president of FACo is on the board of the League
of Cities.
Lengthy discussion ensued on the issue of some counties
paying large assessments while other counties do not even
participate, and Commissioner Bowman felt that these assessments
will continue year after year..
Chairman Scurlock wanted to see them come up with a
mandatory assessment, so that each county would be paying their
fair share.
Commissioner Wheeler commented that he did not come here
today to lobby the Board on this matter; he just wants to be able
to convey the Board's feelings at the next meeting.
Commissioner Bowman felt that Commissioner Wheeler has
received the feelings of this Board on this matter, and that is
to be cautious, conservative, and that the assessment be
mandatory for all counties. She•asked if the Board would like
her to put this matter on the agenda of the next Tri -County
Council, and the Commissioners indicated that they would.
Commissioner Wheeler understood that the message to be
conveyed is that we would not participate unless it is a
mandatory assessment for all counties, and Chairman Scurlock
remarked that he could give them a "definite maybe."
a
FENCE AT TROPIC VILLAS NORTH -- INDIAN RIVER BOULEVARD SOUTHERLY
EXTENSION
Commissioner Wheeler reported that he met with the president
of the property owners association about the fence at Tropic
Villas North along 6th Avenue. The County contracted to have the
sidewalk put 'in using a machine, but when they got up to where
the fence was, it was determined that the machine was doing an
inferior job and it was decided to put the sidewalk in by hand.
However, the fence already had been moved and killed the grass it
was lying on. In addition, there were a couple of places where
the fence had to be cut.
Commissioner Wheeler said he went down and talked to them,
and they have received an estimate of $1450 to put up a new
fence. The present fence is not very attractive, and Public
Works Director Jim Davis has contacted 4 fencing companies and
received estimates of $2100 to $2300 to put up a new fence.
Commissioner Wheeler felt there is some shared responsibility in
this particular case, and would like to go back to them and tell
them that we would be willing to pay up to $1450 and have them
redo their fence the way they want it done.
,Chairman Scurlock felt that was great, but pointed out that
when you are talking about a $4.5 -million project, it seems that
there should be enough money to take care of some of these
contingencies without coming back to the Board. He felt that one
of the reasons why we are paying the County Administrator in
excess of $62,000 is so that he can make this type of
modification, because grass is going to be killed and fences and
bushes are going to be torn down in spots on projects of this
magnitude.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0)
approved an amount not to exceed $1450 for the
replacement of the fence at Tropic Villas North.
37 n
BOOK 69 PnF. ��
Fr
A� 1987
goo 69 '31
WALL AT FAIRLANE HARBOR - INDIAN RIVER BOULEVARD RIGHT-OF-WAY
Public Works Director Jim Davis updated the Commission on
the status of the wall on the Indian River Boulevard frontage at
Fairlane Harbor Mobile Home Park. Staff had worked out an
agreement with Mr. Stawara, one of the owners, to build the wall,
but when they were about to begin, there was some confusion as to
who owned the right-of-way
-- the City of
Vero Beach or
the
County. Yesterday it was
determined that
there was an
ordinance
established whereby the City of Vero Beach set aside that
right-of-way for the purpose of the southerly extension of the
Boulevard. However, it appears that a deed was never executed by
the City to establish the right-of-way. The Vero Beach City
Council will consider giving approval to the execution of a deed
at tonight's meeting, which will transfer the right-of-way from
the City to the County, and the County will honor its agreement
with Mr. Stawara for him to build the wall in the right-of-way.
Director Davis advised that there are some other deeds that are
needed to iron out some survey problems in the area, and those
will be brought to the Board very shortly.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 9:55 o'clock A.M.
ATTEST:
Clerk
38
Chairman