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HomeMy WebLinkAbout9/22/1987A Tuesday, September 22, 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, September 22, 1987, at 9:00 o'clock A.M. Present were Margaret C. Bowman, Vice Chairman; Richard N. Bird; and Carolyn K. Eggert. Absent were Don C. Scurlock, Jr., Chairman, who was in Tallahassee on county business and Gary C. Wheeler, who was on vacation. 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 opened the meeting, and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDAIEMERGENCY ITEMS ,Commissioner Eggert requested the addition to today's Agenda of a discussion regarding procedures for placing items on the Agenda. Commissioner Bird requested the addition of a brief report on the Parks & Recreation Committee meeting of last week. Administrator Balczun requested the addition of a bid on a crane/hoist for Utilities. Commissioner Bowman requested the addition of a discussion re the rescheduling of the ROSE -4 meeting presently scheduled for October 14, 1987. SEP 22 1987 ROOK .69 uu 485 F"" - SEP 2 2 1997 BOOK 69 PACE 406 Commissioner Bowman requested the addition of a Community Services Trust Fund Grant Application to the Consent Agenda as Item Y. Attorney Vitunac requested the deletion of the Winter Beach Cemetery item, and advised that it would be scheduled for the meeting of October 13th, when there will be a full Board present. Administrator Balczun requested the deletion of Item 8-A - Sheriff's request to use the old stump dump for a pistol range - since it has not been reviewed by staff as yet. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously (3-0, Commissioners Scurlock and Wheeler being absent) added and deleted the above items. APPROVAL OF MINUTES The Chairman asked if there were any changes or additions to the Minutes of the Regular Meeting of 9/1!87. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the Minutes of the Regular Meeting of 9/1/87, as written. CONSENT AGENDA Commissioner Eggert• requested that Items F, H, N, and U be removed from the Consent Agenda for discussion. Commissioner Bird requested that Item Q be removed also. 2 � � r A. Approvai of Renewal Applications for Permits to Carry Concealed Firearms The Board reviewed the following memo dated 912187: TO: Board of County Commissioners DATE: Sept. 2, 1987 FILE: SUBJECT: PISTOL PERMIT - RENEWALS FROM: Charles P. Balczun REFERENCES: County Administrator The following persons have applied through the Clerk's Office to have their pistol permits renewed: Gladys B. Lamb Arthur C. Jacobs Alvin Young Anthony P. Procaccini Jonathan Washington Leroy Brown Eugene D. Dvorak Ronald E. Bengston John Eugene Mariani Earl R. Cason All requirements of the ordinance have been met and are in order. 3 L_ SEP 22 1987 BOOK 69 PACE 48 I S E P 22 1987 BOOK 69 PACE 488 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved renewal applications to carry a concealed firearm for the following persons: Gladys B. Lamb Arthur C. Jacobs Alvin Young Anthony.P. Procaccini Jonathan Washington Leroy Brown Eugene D. Dvorak Ronald E. Bengston John Eugene Mariani Earl R. Cason B. Approval of New Application for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 912187: TO: Board of County Commissioners FROM: Charles P. Balczun County Administrator DATE: Sept. 2, 1987 , - FILE: SUBJECT: PISTOL PERMIT - NEW APPLICATION REFERENCES: _ The following person has applied for a pistol permit through the Clerk's Office: George M. McCullers, Jr. All requirements of the ordinance have been met•and are in order. 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the application for a permit to carry a concealed firearm for George M. McCullers, Jr. C. Report Received and placed on file in the Office of the Clerk to the Board: Financial Statements of Delta Farms Drainage District and Vero Lakes Drainage District for period ending 9130187 D. Budget Amendment - Approve Carryover to 1987-88 of Special Election Account •�1 . Wit -- September 14, 1987 TO: Don. C. Scurlock, Jr. FROM: Ann Robinson, Supervisor of Elections AZ RE: Item for consent<agenda of BCC for last meeting in September Please approve the carryover to the 1987-88 budget year of the amount remaining the Special Election acounts when the fiscal year ends. The accounts are as follows: School Board Special Election 001-700-519-036.74 Indian River Shores Special Election 001-700-519-036.79 Fellsmere Special Election 001-700-519-036.81. The balance in the accounts belongs to. each governing body to pay the expenses of each special election. Thank you. k, SEP 22197 Boa 69 PACE 489 r - SEP 22 197 BOOK 69 FACE 490 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the above budget amendment, as requested by the Supervisor of Elections. E. Report -_Occupational License Taxes The Board reviewed the following memo dated 919187: (D[FF0C� �p U U U� U /�V� CO�L-L�LE11 �� P. GENE E. MORRIS, C.F.C. Box DA- VERO BEACH. FLORIDA - 32961 TAX COLLECTOR TELEPHONE: cso81 587-8180 MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector DATE: September 9, 1987 SUBJECT: Occupational Licenses Pursuant to Indian River County Ordinance No. 86-59, please be informed that $833.50 was collected in occupational license taxes during the month of August 1987, representing the issuance of 82 licenses. . Gene E. Morris, Tax Collector 0 1 v ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) accepted the above Occupational License Taxes Report for the month of August, 1987. F. Purchase of Used Dump Truck for Sandridge Golf Club The Board reviewed the following memo dated 915/87: TO: Honorable Board of ©ATE: September 5, 1987 FILE: County Canni.ssioners 7m: Joseph Baird SUBJECT: Budget Director Bob Kanarinetz - ' Director of Go Dump Truck purchase price --$3800.00-1 T . FROM: John Hayden REFERENCES: Greens Supt. -_ The staff is recamiending a purchase of a one ton dump truck for _ the use in top dressing from John's Island Club. This truck new would cost between $12000.00 & $15000.00. I have spoken to Mr. Baird about the possibility of a transfer of a dump truck from the Road and Bridge Dept. but they do not have any dump trucks available at this time. Along with this transaction, John,Island has also agreed to include a Ryan Greens Aerifier, valued new at $8000.00, for no additional charge in the deal. Commissioner Eggert questioned the price of the dump truck, and Commissioner Bird explained that this is a negotiated price. He stressed that we need a small dump truck very badly to haul top soil out onto the fairways. He felt this is a very good price on this truck,'and pointed out that Johns Island also threw in an aerifier at no extra cost. 7 'SEP 2 2 1987 BOOK 69 PACE 491 r SEP 221987 BOOK 69 PAGE 492 ON MOTION by.Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the purchase of a used dump truck from Johns Island Club at a price of $3800, with the understanding that a Ryan Greens Aerifier, valued new at $8000, would be included in the transaction for no additional charge. G. Budget Amendment - Emergency Management Assistance Agreement The Board reviewed the following memo dated 9/14/87: TO: Members of the DATE: September 14, 1987 Board of County Commissioners SUBJECT: BUDGET AMENDMENT 8 A FOR EMERGENCY - MANAGEMENT ASSISTANCE AGREEMENT FROM: Joseph A. Baira( OMB Director ACCOUNT NUMBER ACCOUNT TITLE INCREASE DECREASE Revenues 001-000-334-026.00 0 EmergencyMedical Service $ $12,721 Expenses 001-208-525-011.29 Regular Salaries 15,000 0 0 001-208-525-011.13 Other Salaries & Wages 3,212 -. _ 0 ' 001-208-525-012,11 Social Security 1,167 0 001-208-525-012.12 Retirement Contribution 2,160 001-208-525-012.13 Workman's Compensation 200 001-208-525-039.02 U• Travel . 0 001-208-525-039.99 Other Charges and Obligations 500 0 0 001-199-581-099.91 Reserve for Contingency $22,72 $2 To record the Emergency Management Assistance Agreement Grant received from the State of Florida in the amount of $22,721. _ - ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the above budget amendment, as recommended by OMB Director Baird. 8 A H. Surplus Property -_Point of Sale Terminals The Board reviewed the following memo dated 9/14/87: TO: Members of DATE: September 14, 1987 the Board of County - -- Commissioners SUBJECT: SURPLUS PROPERTY - POINT OF SALE TERMINALS FROM: se h A. Barid O irector = 1. Description and Conditions: Bids were received Wednesday, September 9, 1987 at 2:00 P.M. for two (2) IBM Model 5265 Point of Sale Terminals. Two (2) bids were received. 2. Alternatives and Analysis: The highest bids received for each terminal were from Inter -American, Lawrenceville, GA at $1,000 and $800 respectively. 3. Recommendation: It is recommended that the two (2) IBM Model 5265 Point of Sale Terminals be sold to the high bidder, Inter -American in the amount of $1,000 and $800 respectively. - Commissioner Eggert asked what point of sale terminals are, and OMB Director Joe Baird explained that they are cash registers. One of these is from the Traffic Dept. in the Clerk's Office, as the Clerk has eliminated cash registers altogether. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the sale of two IBM Model 5265.Point of Sale Terminals to the high bidder, Inter -American in the amounts of $1,000 and $800, as recommended by OMB Director Baird. ` 1. Routine Release of County Utility Liens The Board reviewed the following memo dated 9/16/87: 9 EP BOOK 69 FSE 493 BOOK , 69 PAGE, 494 S E p 22 1997 TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: September 16, 1987 RE: CONSENT AGENDA BCC MEETING 9/22/87 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 Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 57 of COUNTRYSIDE SOUTH (2) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 65 of COUNTRYSIDE SOUTH (3) Satisfaction of impact fee lien agreement, part of SE 1/4 of SE 1/4 Sec. 22, Twn. 32 S, Rng. 39 E Paid by GEORGE GIPSON ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the following Release of Assessment Liens as listed in the above memo. RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD J. Change Order #3 - Potable Water Main for the Corner of 12th Street and Commerce Avenue The Board reviewed the following memo dated 9/8187: 10 TO: BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER 8, 1987 THRU: TERRANCE G. PINTO DIRECTOR OF UTILITYE /ICES FROM: JOHN FREDERICK LANG ENVIRONMENTAL SPECIALIST DIVISION OF UTILITY SERVICES SUBJECT: PROJECT # UW86-11 DS POTABLE WATER MAIN CHANGE ORDER #3 FOR THE CORNER OF 12TH STREET AND COMMERCE AVE. BACKGROUND The Division of Utility Services is currently constructing major= ---- water system improvements along 12th Street, east of Old Dixie Highway. At the same time, the Division of Public Works is constructing major roadway improvements in the same location. These - roadway improvements cannot be initiated until completion of the water system improvements. Attached for your review and approval is change order No. 3, as submitted by Masteller and Moler Associates, Inc. for additional engineering services. -_ The engineering cost estimate and plans were worked up so that either the existing contractor or in the future any other contractor utilized by the County could complete the work. ANALYSIS The Division of Utility Services wishes to extend the 16" diameter water main on the south side of 12th Street so as to remove the end of the line from the intersection. The net result of the subject improvements being an addition of $570.00 for engineering services. The Division of Utility Services, recommends that the Board of County Commissioners authorize the subject utility improvements by executing change order No. 3 for Masteller and Moler Associates, Inc. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved Change Order #3 as submitted by Masteller & Moler Associates, Inc. SEP 2 2 1987 " r3ooK 69 PAGE 495 S E P 22 1997 BOOK 69 pace 496 CONTRACT CHANGE ORDER NO: 3 DATE: August 13, 1957 CONTRACT FOR: Work Authorization #7 for Consulting Servcies Potable Water Main/12th St. & Commerce Ave. (#UW86-16-DS) OWNER: Indian River County ORIG. CONT. PRICE: $24,785.00 REVISED CONT. PRICE: $25,355.00 I Decrease in (Increase in Descrintion.of Changes I Cont. Price (Cont. Price I f = I I Expansion of Engineering Services I 1 a 570.00 I I TOTALS: 1 _ _ _ _ _ 1 $ 570.00 I f NET CHANGE IN CONTRACT PRICE: 1 1 $ 570.00 JUSTIFICATION: Project modified to include extending 16" diameter water main in the intersection of 12th Street & Old Dixie Highway to accommodate proposed improvements under construction. Consulting services include design, drafting and contract administration. Amount of the Contract will be (unarm ei )(Increased) by the sum of: Five Hundred Seventy Dollars and 00/100 (570.00) The Contract Total including this and previous Change Orders will be: Twenty Five Thousand Three Hundred Fifty-five and 00/100 ($25,355.00) This document will be come a supplement provisions will apply hereto. Requeste :MASTE -MOL' ASSOCIATES INC. (Sign) "A�i,6!:7�lv VW Accepted. I_ndian River County (Sion) Z). -- -,4. .-/4 I APPROVED F0 ill TY MA76 ;'ERS By ,.. -SCE P:\ 7 0 D.REC70R D;V. OF U; ILITY SERVICES Approved as to form and legal suffi iency By — -- Charles P. Vitunac County Attorney 12 � 4 _ to the Contract and all Date: v `� �'"� Date: =I a r K. Change Order #1 & Final Payment - Potable Water Main at 48th Avenue & Glendale Lakes - The Board reviewed the following memo dated 9/14/87: TO: BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER 14, 1987 THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY S VICES FROM: JEFFREY K. BARTON ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: CHANGE ORDER #1 & FINAL PAYMENT 48TH AVE. & GLENDALE LAKES - POTABLE WATER MAIN INDIAN RIVER COUNTY PROJECT NO. UW -86 -09 -DS BACKGROUND Indian River County Project #UW -86 -09 -DS - 48TH AVENUE & GLENDALE LAKES POTABLE WATER MAIN - was begun by the residents as a petition. The project was designed and bid, with Coastline Utilities being the -low bidder, with an original contract price of $49,967.50. Upon completion of the project when quantity extensions are reviewed as to materials used on the project, a change order is necessary 'to adjust the contract price. Attached is Change Order #1 for a decrease in the contract price of $3,968.00. The new adjusted contract price is $42,999.50. RECOMMENDATION Staff recommends to the Board of County Commissioners the following: 1. Authorize Chairman to sign Change Order #1. 2. Authorize staff to pay.final payment request. 3. Authorize staff to release retainage upon the completion of the punch list items and upon the receipt of a 1 year maintenance bond. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved staff's recommendation as out in the above memo. SEP 22 1987 13 _ Boa 69 FACE 49'7 SEP 2 2 `987 - BOOK 69 FAGE4;.78> : « 314 Page 1 of 1 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE 46,967.50 DATE: September 8. 1987 REVISED CONTRACT PRICE 42,999.30 JOB NAME Indian River County Pro.iect #UW86-09-DS Potable Water Main 48th Avenue - Glendale Laken OWNER: ITEM DESCRIPTION UNIT PRICE ORIGINAL UNITS ORIGINAL TOTAL PRICE UNIT CHANGE PRICE CHANGE REVISED TOTAL PRICE 1. MOBILIZATION 3,000.00. LS $ 3,000.00 -- -- $ 3,000.00 2. 8" DIA. WM 16.75 1400 LF 23,450.60 (-31) (- 519.25) 22,930.75 3. 6" DIA. GATE VALVE 335.00 2 UNITS 670.00 -- -- 670.00 4. 8" DIA. GATE VALVE 465.00 4 UNITS 1,860.00 -- -- 1,860.00 5. FIRE HYDRANTS 1,261.00 2 UNITS 2,522.00 -- -- 2,522.00 6. PVD. RD. RESTORATION 15.00 25 LF 375.00 + 8 + 120.00 495.00 7. NON PVD. RD. RESTOR. 10.00 10 LF 100.00 (-10) (- 100.00) -- 8. PVD. DR. RESTORATION 15.00 150 LF 2,250.00 (-48) (- 720.00) 1,530.00 9. NON PVD. DR. RESTOR. 10.00 85 LF 850.00 (-10) (- 100.00) 750.00 10. SEED & MULCH 2.05 1130 LF 2,316.50 +21 + 43.05 2,359-55 11. 1" DIA. SHORT SERV. 190.00 •4 UNITS 760.00 + 5 + 950.00 1f710.00 LATERAL 1 12. 1" DIA. LONG SERV. 300.00 10 UNITS 3,000.00 (- 4) (-1200.00) 1,800.00 LATERAL 13. 2" DIA. SHORT SERV. 407.00 5 UNITS 2,035.00 (- 5) (-2035.00) -- LATERAL 14. 2" DIA. LONG SERV. 407.00 2 UNITS 814.00 (- 1) (- 407.00) 407.00 LATERAI 15. .18 x 18 WET TAP 2,965.00 1 UNIT 2,965.00 -- -- 2,965.00 TOTAL $46,967.50 (-3,968.20 $42,999.30 J U0bli 1%.a Uzi; Change Order reflects unit adjustments to as -build quantities. Amount of the Contract will be (Decreased) (LnoneasoM by the sum of: Three Thousand Nine Hundred Sixty-eight Dollars and 20/100. ($3.968.20) The Contract Total including this and previous Change Orders will be: Forty Two Thousand Nine Hundred Ninety-nine Dollars and 30/100. ($42.999.30) The Contract Period provided for completion will be'(JnnrAas&W (dc&) (unchanged): days. This document will become a supplement to the Contract and all provisions will apply hereto. Contractor: Coast Engineer: Owner: AP Utilities. Inc. �-JEFFRU K. BARTON ASSISTANT UTILITIES DIRECTOR 14 Date: August 31, 1987 Date: Date: `�-� Q__ -1 L. Change Order #1 8 Final Payment - Potable Water Main - Commerce Ave. 8 10th Street - Sewer Force Main The Board reviewed the following memo dated 9/14/87: TO: BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER 14, 1987-.' THRU: TERRANCE G. PINTO --_i DIRECTOR OF UTILIT ERVICES FROM: JEFFREY K. BARTON ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: CHANGE ORDER #1 & FINAL PAYMENT COMMERCE AVE. & 10TH STREET - SEWER FORCE MAIN INDIAN RIVER COUNTY PROJECT NO. US -86 -16 -CS BACKGROUND Indian River County Project #US -86 -16 -CS - COMMERCE AVENUE & 10TH STREET SEWER FORCE MAIN - was designed and bid, with Coastline Utilities being the low bidder, with an original contract price '.of $73,122.00. Upon completion of the project when quantity extensions -are reviewed as to materials used on the project, a change order is necessary to adjust the contract price. Attached is Change Order #1 for a decrease in the contract price of $5,673.65. The new adjusted contract price is $67,448.35. RECOMMENDATION Staff recommends to the Board of County Commissioners the following: 1. Authorize Chairman to sign Change Order #1. 2. Authorize staff to pay final payment request. 3. Authorize staff to release retainage upon the completion of the punch list items and upon the receipt of a 1 year maintenance bond. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved staff's recommendation as out in the above memo. 15 L_ SEP 2 21997 Boor 69 ma 499 SEP 2 21957 CONTRACT CHANGE ORDER WK 69 :PA'E 500, Page 1 of 1 CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE S73,122-00 DATE: August 28, 1987 REVISED CONTRACT PRICE $67,448.35 JOB NAME Indian River County Project #US86-16-CS/Sewer Force Main/Commerce Avenue & 10th Street, lndlan 10ver County, Floj-Jda OWNER: Indian River County ITEM DESCRIPTION UNIT PRICE ORIGINAL UNITS ORIGINAL TOTAL PRICE UNIT CHANGE PRICE CHANGE REVISED TOTAL PRICE 1. 8" PVC C-900 14.45 2780 LF $40,171.00 (-197) (-2,846.65 $ 37,324.35 2. 8" D.I.P. 18.45 160 LF 2,952.00 (- 20) (- 369.00 2,583.00 3. 6 x 6 Tapping Sleve 900.00 2 EA 1,800.00 -- -- 1,800.00 4. 6" D.I.P. Cass 51 9.65 20 LF 193.00 (- 20) (- 193.00 -- 5. Pavement Restoration 17.00 670 SY 11,390.00 (-145) (-2,465.00 8,925.00 6. Seed & Mulch .40 3000 SY 1,200.00 + 500 + 200.00 1,400.04 7. Jack & Bore (OS#1) 12916.00 LS 12,916.00 -- -- 12,916.00 8. Mobilization, Ins. 2500.00 LS 2,500.00 -- -- 2,500.00 Misc. cost of Contr. TOTAL 73,122.00 ($5,673.65 $ 671448.35 Amount of the Contract will be (Decreased) (7 g�A) by the sum of: Five Thousand Six Hundred Seventy Three and 65/100 (15,671-65) The Contract Total including this and previous Change Orders will be: Sixty Seven Thousand Four Hundred Forty Eight and '15/100 (167,448 �?5) - The Contract Period provided for completion will be (gRR:R RKR4) (unchanged): days. This document will become a supplement to the Contract and all provisions will apply hereto. Contractor: Coas Engineer: Mi Owner: Date: Sept.2,1987 �?-2—,R7 APPROVED FOR. UTILIN TIERS BY t J FAY K. BARTON A/ ASSISTANT UTILITIES DIRECTOR M. Glendale Park Pump Station Modifications The Board reviewed the following memo dated 9/9/87: 16 V A TO: BOARD OF COUNTY COMMISSIONERS DATE: THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICE ; FROM: JOHN FREDERICK LANG q& ENVIRONMENTAL SPECIAL ST SUBJECT: GLENDALE PARK PUMP STATION MODIFICATIONS BACKGROUND SEPTEMBER 9, 1987 _ The Glendale Park subdivision is presently being served by a small wastewater treatment plant located on 14th Avenue between 4th. Street and 8th Strpet. The plant is owned by the Glendale Park Homeowners_ Association who contracts the operation and maintenance of the plant to independent contractors. The plant is not franchised by the county: The homeowners in the area have petitioned the County to improve the existing lift pump station and connect to existing wastewater force main on 13th Ave. The existing wastewater treatment plant could then be abandoned and the sewage would be treated by the City of Vero Beach's Wastewater Treatment Plant. ANALYSIS The total estimated construction cost for this project is $29,400.00 which includes upgrading the lift station and construction of the necessary force main. Funding will be paid by assessment of impact fees to the homes in the subdivision. The plant site will be converted to a single building site. RECOMMENDATION The Division of Utility Services recommended that the Board of County Commissioners authorize the bidding out of the construction for this project, and the informal information meeting with the property owners as well as executing Work Authorization No. 17 for Engineering Services. The original developer, Ron Rathbund, has agreed to contribute $5,000 towards the removal of the wastewater treatment plant in the project in addition to his contribution for his lot's impact fee. The other homes will be assessed an impact fee of $1,250 to cover the construction costs: ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved Change Order No. 17 and staff's recommendation as set out in the above memo. 17 BOOK 69 PAF 501 SEP 2 2.1987 SEP 22 1987 BOOK 69 FADE 502 INDIAN RIVER COUNTY Date: July 24, 1987. Work Authorization No. 17 for Consulting Services Project No. 17 County) (Masteller & Moler Associates, Inc.) (WASTEWATER) I. PROJECT DESCRIPTION Title: Glendale Park Pump Station Modifications/New Force Main Construction,1-4tHAver-itta South of 8th Street Consulting engineering design services relative to the referenced project involving the preparation of Contract plans and details to provide for the modification of the Glendale Park Pump Station including replacement of pumps and controls and redirection of the force main to direct wastewater into the existing 6" diameter force main in 13th Avenue via 350 FT +- of new 3" diameter PVC force main to permit abandonment of the Glendale Park plant. Total estimated construction cost, including 10% contingency and sales tax, is $29,400.00. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to -the "Agr6ement-for Professional Services" dated July 2, 1986, and specific Article numbers and paragraph numbers which are listed hereunder to describe the scope of services included on this project. A. Pro-lect Design Services per Article 4, Paragraph 4a. and 4b. B. General Services During Construction per Article S, Paragraph Sa., and 5c. The Resident Inspector shall be a full-time employee of the Engineering Consultant. The Resident Inspector's duties shall be to monitor construction on a continuous basis and be at the 3obsite when project construction is taking place. C. Supplementary and Special Services per Article 61 Paragraph 6e.,6d.,6e.,6f., and 6g. In addition, our services shall include field surveys necessary for design and preparation of -construction plana and assistance to the County in obtaining verious permits and approvals for construction (permit fees to 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 $2,352.00 and Article 5, Paragraph Sa. and 5c. above (Resident Project Inspection Fee) is $1,200.00. Payment shall be per Article 8, Paragraph 8b. and 8d. Payment for Article 6, Paragraph 6c.,6d.,6e.,6f., and 6g. shall be per Article 8, Paragraph 8a. and 8d. APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS - By G Don C. Scurlock, Chairman Date —S% SUBMITTED BY: MASTELLER & MOLER ASSOCIATES, INC. By v Step en E. Moler, P.E. Vic President Date 18 0 N. Ryanwood Lease (Tax Collector's Office) The Board reviewed the following memo dated 9/15/87: TO: The Board of County Commissioners DATE: September 15, 1987 SUBJECT: Ryanwood Lease (Tax Collector's Office) FROM: Bruce Barkett� Assistant County Attorney The County Administrator, through the County Attorney's Office, hereby requests approval and authorization to enter into the attached lease agreement between TCF Florida Investment, Inc. (landlord at Ryanwood Plaza) and Indian River County (for the Tax Collector's Office). Commissioner Eggert understood this is for storage room and asked if it was the most economical storage. Administrator Balczun understood that Tax Collector Gene Morris intends to open a branch office in Ryanwood to issue commercial plates. Commissioner Eggert wondered why he would want that location rather than U.S. #1 where most of the car dealers are located. OMB Director Joe Baird suggested that we ask Gene Morris to come into the Chambers to explain his plans. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously tabled this item until later in the morning. Approximately an hour later, Gene Morris explained that it was misunderstood that this office would serve only the commercial dealers. It will be a full service branch for the public. The reason for locating in that area is due to the tremendous growth to the west and the many mobile home owners who have to obtain mobile home decals and pay personal property taxes. He felt it is extremely important to expand in order to relieve overcrowding in his present office. He pointed out that 19 SEP 9 �' �S- BOOK 69 FAu 503 SEP 2 t���� BOOK 69„ PAGE 504. recently his office handled 400 transactions in motor vehicles alone in one day, and long lines are beginning to develop almost daily in his office. Mr. Morris said that he also plans to coordinate the opening of a north county office when County utilities are available up there. Commissioner Bird understood that the branch office would not create a nuisance in the Ryanwood Center such as the one created by the Drivers' License Bureau in Perkins Plaza on U.S.. #1, and Mr. Morris assured him it would not. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the Lease Agreement between TCF Florida Investment, Inc. (landlord at Ryanwood Shopping Center) and Indian River County for the Tax Collector's Branch Office, and authorized the Chairman's signature. SAID LEASE AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED. r 0. Earman Park - Final Payment The Board reviewed the following memo dated 9115/87: 20 TOME HONORABLE MEMBERS OF DATE: September 15, 1987FILE: BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator SUBJECT: Earman Park Final Payment A .. 4�a/ FROM: Ralph � Brescia, g. E. REFERENCES: County Engineer DESCRIPTION AND CONDITIONS The construction of Earman Park has been completed by the Damon Construction Corp. as of September 11, 1987. This project has been inspected, has met all the required specifications, and -has been accepted by the County Engineer. At this time, final payment of $18,228.00 is requested by the contractor. It should be noted that the county is due to be reimbursed by the Florida Inland Navigation District (F.I.N.D.) for half this amount in the near future. RECOMMENDATION It is staf f' s recommendation that the f inal payment in the amount of $18,228.00 be paid in full at this time. These monies are available from Account #001-210-572-066.39. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) authorized final payment in the amount of $18,228 for the construction of Earman Park by Damon Construction Corporation. SEP 2 2 1987 21 BOOK 69 fACc 505 Fr - SEP 221987 Bou 69 pnF..506 P. Fall & Winter Daily Golf Rates The Board reviewed the following memo dated 9/8/87: TO: THE HONORABLE METERS OF THE DATE: sm),mMER 8, 1987 FILE: BOARD OF COUNTY COMMISSION TM: CHARLES BALCZ SUBJECT: COUNTY ADMINIST FALL &WINTER DAILY GOLF RATES & JOE BAIRD ' O.M.B. DIRECTOR FROM: BOB xoMARnvEGO GOL REFERENCES: DIRECTOR OF ENCLOSED ARE THE RECOMMENDED GOLF RATES FOR THE FALL & WINTER SEASON OF 1987-1988. THESE RATES ARE BASICALLY THOSE THAT WERE USED IN COMPUTING THE REVENUE SIDE OF THE BUDGET SUBMITTED DURING THE RECENT BUDGET HEARING. 22 SANDRIDGE GOLF CLUB RESIDENT I.D. CARD - $25.00 VALID - OCTOBER 1, 1987 THRU SEPTEMBER 30, 1988. _ OCTOBER RATES (EFFECTIVE OCTOBER 3) WALKING PERMIITTED ANYTIME EXCEPT WEEKENDS/HOLIDAYS BEFORE 1:00 P.M. A WEEKDAYS WEEKIENDS/HOLIDAYS 18 HOLES .9 HOLES 18 HOLES 9 -HOLES - GREENS FEE: $ 9.00 $ 4.50 $10.00 $ 5.00_ CARDHOLDER 7.00' 3.50 8.00 4.00 - CART FEES: 18 HOLES 9 HOLES 2 PLAYERS $14.00 $ 8.00 GREEN FEE AND CART FEE AFTER 12:00 NOON SPECIAL: NON CARDHOLDER (18 HOLES) WEEKDAYS - $11.00 WEEKENDS/HOLIDAYS - $12.00 CARDHOLDER (18 HOLES) WEEKDAYS - $10.00 WEEKENDS/HOLIDAYS - $11.00 ALL RATES SUBJECT TO FLORIDA STATE SALES TAX. NOVEMBER RATES - _ ( EFFECTIVE NOVEMBER 1) WALKING PERMITTED AFTER 1:00 P.M. ONLY GREENS FEE: 18 HOLES 9 HOLES NON CARDHOLDER $12.00 $9.00 CARDHOLDER 10.00 5.00 CART FEES: 18 HOLES 9 HOLES 2 PLAYERS $16.00 $9.00 GREEN FEE AND CART FEE AFTER 1:00 P.M. SPECIAL NON CARDHOLDER $17.00 CARDHOLDER $15.00 ALL RATES SUBJECT TO FLORIDA STATE SALES TAX. aN DECE{41ER RATES ( EFFECTIVE DECEMBER 15 ) WALKING PERMITTED AFTER 1:00 P.M. ONLY GREENS FEE: 18 HOLES 9 HOLES (AFTER 1:00 P.M. ONLY) NON CARDHOLDER $15.00 $7.50 CARDHOLDER 13.00 6.50 CART FEES: 18 HOLES 9' -HOLES 2 PLAYERS $18.00 $10.00 GREEN FEE AND CART FEE AFTER 1:00 P.M. SPECIAL NON CARDHOLDER $22.00 CARDHOLDER $20.00 ALL RATES SUBJECT TO FIDRIDA STATE SALES TAX. 23 S E P 2 21937 ROOK 69 FACE 507 r,� f BOOK 69 PAcE 598 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the 1987-88 Fall & Winter daily golf rates for Sandridge Golf Course, as recommended by Golf Director Bob Komarinetz. Q. Board of County Commissioners' Liability Insurance The Board reviewed the following memo dated 9/16/87: TO: Members of the Board of County Commissioners DATE: September 16,• 1987 SUBJECT: BOARD OF COUNTY ,COMMISSIONERS LIABILITY INSURANCE FROM: Josep A. Baird OMB Director Description of Conditions The Board of County Commissioners requested bids on the following insurance: Comprehensive General Liability Personal Injury Automobile and Employees Errors and Ommission Specific Excess Proposals were sent to Arden -Waddell Insurance Agency and Florida League of Cities. Florida League -Cities was the only bid received -with a premium of $ Staff has budgeted $435,000.00 for the 1987/88 FY. Recommendation Staff recommends that the Board of County Commissioners renew their liability insurance with the Florida League of Cities. Commissioner Bird questioned the premium amount, and OMB Director Baird explained that there was an error in the memo. The amount of the premium is actually $418,242. Director Baird recalled that the Board instructed staff to go out to local vendors, but because of the short timeframe, the 24 m M only bid received was from Florida League of Cities, which is an organization that handles only governmental insurance. Commissioner Bird felt that comparing the proposal we got back was like comparing apples to oranges, and asked if we had some set specifications as to the levels of coverage or did we just ask for proposals. Director Baird explained that this year we were going to have a consultant write the specifications, but it got too late in the year, and the consultant was not on board in time. Attorney Vitunac explained that up until this last year, if counties purchased insurance, they were waiving their sovereign immunity. The Legislature fixed that bad situation and now we are liable for only $100,000 per person/$200,000 per accident, regardless of the amount of insurance that we carry. However, it still may be beneficial to purchase higher coverage because of the claims bill the Legislature might give. Commissioner Eggert asked if that was covered in the specific excess, and Director Baird stated that certain parts of it are. The coverage is difficult to understand and that is why we made the recommendation to hire a consultant to took at our insurance coverage and write specifications. Unfortunately, the consultant did not get on board in time and various local agencies said there wasn't enough time to bid. Commissioner Bird realized it was difficult to get coverage this year, and was sure that Director Baird did the best he could. He understood that the County's insurance cost, including health insurance, is over $2 -million, and he wanted to be assured that we are getting the most coverage for our dollars. Director Baird reported that we have hired a consultant, and have a position for a risk manager on staff. SEP 22 1987 25 BOOK . 69 FnE 509 SEP 221987 BOOK ON MOTION by Commissioner Bird, SECONDED by 69 PAGE 510 Commissioner Eggert, the Board unanimously (3-0) authorized the renewal of the County's liability insurance with the Florida League of Cities, as recommended by OMB Director Baird. R. Workers' Compensation Insurance The Board reviewed the following memo dated 9/16/87: TO: Members of the DATE: September 16, 1987 Board of County Commissioners r SUBJECT: WOPK!O COMPENSATION INSURANCE FROM: Josep A. Baird OMB Director Description of Conditions Proposals on..Workman's Compensation were received from Hamilton -Arden Insurance and Florida League -of Cities. The proposals were as follows: Florida League of Cities $486,357 Hamilton -Arden Insurance 493,157 Recommendation Staff recommends that we renew our insurance with the Florida League of Cities. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) authorized the renewal of the County's Workers' Compensation insurance with the Florida League of Cities, as recommended by OMB Director Baird. S. Budget Amendment for Purchase of Howell/Chapman Beach Property The Board reviewed the following memo dated 9/15/87! 26 V TO: Members of DATE: September 15, 1987 the Board of County Commissioners SUBJECT: BUDGET AMENDMENT FOR PURCHASE OF HOWELL/ = -_ CHAPMAN BEACH PROPERTY - FROM: Josep A. Baird -_ OMB Di ector - - ACCOUNT NUMBER ACCOUNT TITLE INCREASE DECREASE M.S.T.U. Revenue 004-000-334-090.00 Other State Grants 2,490,683 0.04-000-313-010.00 Franchise Tax 400,000 004-000-389-040.00 Cash Forward -October 1, 1987 233,732 Expense 004-210-572-066.11 All Land 3,224,4.15 004-210-572-099.91 Contingencies 100,000 Explanation Appropriate funds to purchase the Howell/Chapman beachfront property. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the above budget amendment, as recommended by OMB Director Baird. T. Building S Contents Insurance, Fidelity Bond Coverage and Loss of Money and Securities The Board reviewed the following memo dated 9/16/87: "� E p 1987 2 7_ aooK U►9 Pit ��� r- -7 SEP 22 1997 Boor 69 � FACE TO: Members of the DATE: September 16, 1987 Board of County Commissioners SUBJECT: BUILDING AND CONTENTS INSURANCE, FIDELITY _ BOND COVERAGE AND LOSS OF MONEY AND SECURITIES - FROM: Joseph A. Baird OMB Director Description of Conditions Indian River County requested bids on Building and Contents 0 insurance. Request for proposals were sent to Schlitt Insurance Agency, Arden Waddell Insurance Agency and the Florida League of Cities. We received quotes from Schlitt Insurance and Arden Waddell, but Florida League of Cities was unable to obtain a quote in time from their carrier. The bids were as follows: Schlitt Agency Arden -Waddell Building and Contents $58,800.00 $42,992.00 Fidelity Bond Coverage 3,465.00 Loss of Money and Securities 342.00 Recommendation Staff recommends that the Board of County Commissioners renew the existing Building and Contents Insurance, Fidelity Bond Coverage, and Loss of Money and Securities with Arden Waddell Insurance Agency. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) authorized the renewal of the existing Building and Contents Insurance, Fidelity Bond Coverage, and Loss of Money and Securities Insurance with Arden Waddell Insurance Agency. U. 1987-88 Radiological Emergency Preparedness Agreement The Board reviewed the following memo dated 8121187: 28 L TO: Charles P. Balczun DATE: August 21, 1987 FILE: County Administrator THRU: Joe Baird OMB Manager p Sharon Brennen Phillips SUBJECT: 1987-88 Radiological• _ Assistant County Attorney Emergency Preparedness - Agreement _ 1 FROM: Doug Wrights, Director REFERENCES: FP&L Contract Negotiations Emergency Management July 17, 1987 - Tallahassee BACKGROUND: Pursuant to negotiations in Tallahassee on July 17, 1987, 'the _ attached 19.87-88 Radiological Emergency Preparedness Agreement is submitted for your review and approval:- The funding will enable Indian River County to carry out its responsibilities in complying with 10 CFR Parts 50 and 70 and NUREG 0654. Intense negotiations resulted in an allocation of $33,088 for Indian River County. Indian River County is authorized in Section 252.37, Florida Statutes, to enter into and -participate in cooperative relationships. The funds will be utilized for purposes as reflected in Exhibit "A" and "B" of the contract. The Scope of Work (Exhibit B) details the planned expenditures. RECOMMENDATION: Due to the proximity of the St. Lucie Nuclear Power Plant to Indian River County, staff recommends execution of the Radiological Emer- gency Preparedness Agreement. The funds will assist Indian River County in efforts to prepare an-& plan 'for any contingency related _ to possible emergencies associated with the nuclear plant. _ Commissioner Eggert asked who would be doing this, and Doug Wright, Director of Emergency Management, explained that Emergency Management has done it in the past. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the Radiological Emergency Preparedness Agreement and authorized the Chairman's signature. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE 29 SEP 2 2.1987 - BOOK ` 69 uu 513 r" - SEP 2 2 198 V. Tower Space Lease - Paging Network, Inc. BOOK 69 PAGE 514 The Board reviewed the following memo dated 9/10/87: TO: Indian River County DATE: September 10, 1987 FILE: Board of County Commissioners THRU: Charles P. Balczun County Adminis for Joe Baird C, SUBJECT: Agenda Item - OMB Director Tower Space Lease Sharon Brennan PhillipsZDP3 Assistant County Attorney FROM: Doug Wright,/Director REFERENCES: Emergency Management BACKGROUND Indian River County owns and operates a four hundred (400) foot tower at Hobart Park which currently generates revenue of approx- imately $12,000 per year thru the leasing of space for antennas'. Paging Network, Inc., of 2901 Stirling Road, Suite 300, Ft. Lauderdale, F1. 33312, has formally requested the Board of County Commissioners approve a lease for one antenna to be located at 320 feet above ground level for which Paging Network will pay $170 per month or $2,040 per year. RECOMMENDATION Staff recommends approval of the tower space lease which is attached for review. An insurance certificate will be obtained from the lessee prior to the installation of the antenna. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved the lease agreement with Paging Network, Inc. for tower space at Hobart Park, and authorized the Chairman's signature. V LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD W. Change Orders #1 and #2 - Ercildoune Heights - Petition Paving and Concrete Work The -Board reviewed the following memo dated 9/16/87: 30 TO:THE HONORABLE MEMBERS OF DATE: September 16, 1987FILE: BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun Count Admin' trator oll R 1ph N. Brescia, P.E. County Engineer SUBJECT: Change orders #1 & #2 - Ercildoune Heights S/D - =: Concrete work-Petition'Paving FROM. Michelle A. Terry C.E.T�EFERENCES: Memo date 9/10/87 to Civil Engineer Ralph N. Brescia DESCRIPTION AND CONDITIONS Due to a revision in the scope of work in Ercildoune Heights Subdivision eliminating a portion of curbing, Change Order #1 has been prepared reducing the contract amount by $5,073.90 resulting in _a contract amount of $9,742.20. Also additional concrete work is required around catch basins and one driveway, Change Order #2 has been prepared increasing the contract amount by $3,140.00, resulting in a contract amount of $12,882.00. RECOMMENDATION & FUNDING It is recomended that Change Orders #1 & #2 be approved. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) approved Change Orders #1 and #2 on petition paving and concrete work in Ercildoune Heights Subdivision. 31 BOOK 69 PAGE 515 SEP 221997 r- Ep 221987 BOOK 69 PAGE 516 CHANGEi1;tiUu,c;hun lu a ORDER OWN(R I ARC HI lEC1 L`) AIA UC C: Uhfl NT G701 CONTRA( . 10K C.1 IIELD (_► 0111ER l_1 PROJECT: Ercildoune Heights CHANCE ORDN NUMBER: 1 (name, address) Sebastian, FL 32958 TO (Contractor): r Mr. Frank Pavlovich, Jr. P.A.V.C.O Concrete Pumping 2680 Rocky Point Drive Palm Bay, FL 32905 INITIAfI()N DATE: September 10, 1987 ARCHITECT'S PROJECT NU: CONTRACT FOR: Curbing CONTRACT DATE: You are directed to make the following changes In this Corntra+ t. Eliminate 1301 L.F.•of curbing done by machine from original contract 1301 @ $3.90/L.F.=$5,073.90 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment ,n the Contract Sum or Contract Time. The original (Contract Sum) was ........................... S 14,816.10 . Net change by previously authorized Change Orders ................................... $ The (Contract Sum) prior to this Change Order was .:........ $ 14,816.10 The (Contract Sum) (QMV=429d.'MxRoW will be krxm (decreased) baRob3+Mck 5,073.90 bythis Change Order......................................................... $ The new (Contract Sum) including this Change Order will be ... $ 9,742.20 The Contract Time will be 1 '".,.•„)Kf ===-d i(unchanged) by ! ) Days. The Date of Substantial Completion as of the date of thus Change der there ore i Authorized: Indian River County Engineer -Indian River Countly NTRACIOR FranX Faavlovich OWNER _ �_ Dr.r.lrcr Dint n �_ _1840 25th Street d s AdYQro�`td'�m Bay Fla . Address _ each --B PL Via Bc�ar�h _ FT. 3 00, BY =OATElp �, / escia, P.E. !)ATE RATE 9` OZ�—�� All DOCUMENT 6701 • CHANGE ORUCK APRIL 19711 tUIHON �_A A • 4, ly7q THE AMERICAN INSTITUTE Of ARCHIIECTS, 1735 NEW 1UKK AVE., N.W., WASHINI.t(IN, 1, c . %AAih G701 —1979 32 CHANGE - t)i.tnUuU,ut iu ORDER AKIN AIA UO(. UA4f N 1 G701 CON f KA(.10K I J 111111) I I - )IIILK 1.1 PROJECT:Ercildoune Heights C1IAN .GL ()KlA.R NUMBER: 2 - *(name, address) Sebastian, FL 32958 INI11Afl()N DATE: September 10, 1987 TO (Contractor): [—Frank Pavlovich, Jr. P.A.V.C.O- Concrete Pumping 2680 Rocky Point Drive Palm Bay, FL 32905 L ARCHI f ECT'S PROJECT NO: CONTRACT FOR: Curbing CONT RAC T DA1 E : Yuu are directed to make the following changes n1 this Contra, t. 1) Provide drop curb at corner of 81st Avenue and 140th Street. Mr. Cave's drive. Cost $ 490.00 Approximately 81 L.F. curb 2) Extend curb at corner of 79th Ave and 140th Street Approximately 37 L.F. curb Cost 225.00 3) Catch basins on 141st Street - 2 catch basins with approximately 20 L.F. header curb and 80 to 90 S.F. 4" concrete around catch basin. 2 @ $400/each Cost 800.00 4) Mr. Cristiano's drive and 1 catch basin Approximately 55 L.F. header curb Approximately 260 S.F. drive @ 6" thick w/6x6 10x10 wire mesh 5) Catch Basin on south side of 140th Street 25 L.F. curb header • 140 S.F. 411 thick flatwork around basin TOTAL COST Cost 1,150.00 Cost 475.00 $3,140.00 Note valid until signed by both the ()wner and Architect. Signature rri the Contractor indicates his agreement herewith, including any adlu+tment in the Cnntratt Sum ur Contract Tmu• was $14,816.10 The original (Contract Sum) ( ft ) 2t t ) . ' • • ' ' ' ' ' ' ' ' ' ' • ' ' .. $ Nei ch.,nKe by previously authorized Change Orders ..... • . • • • • • • • • • • • • • .. • .. ' ' " The (Contract Sum) prior t1! thi,, Change Order was .......... $ 9,742.20 The (Contract Sum) (Guaranteed Maximum CUSU will be (increased) 1*x§CXXQb (WXk4QX§4l) $ 3,140.00 by this Change Order .......... The new (Contract Sum) (Guaranteed Maximum Coit) including this Change order will he .. $12,882.2o ) Days. Tl.e Contract Time will be (jMoed) (4k0CWXX t) (unchanged) by The Date (it Substantial Completion as of the date of �s Change (. rilo•r therefore i%tt Authonied: CONMA( tOk Frank Pavlovich oiw^EK Indian River Count .Engineer -Ralph N. Brescia j( �4R )ra ^t -- ,t AoArj h Bay, Fla. 32905 Vero Beach, FL 32960 �_-- v.., .. Aca�h PT. 3-2960 -- — — -- ------ IDATt _ l r:S I t AIA DOCUMENT 6701 • CHANGE ()Kock AI'911 14,'11 101111"4 AIA" C701 — 1978 IKE AMERICAN INSTITUTE Of ARp1tlEC15, 17si NEW i(JRK AVE.. N.W.. wASHINUION. 33 SEP 2 21987 - Nov , 69 PACE'517 r F- gEp 2 21987 BOOK 69 FAGE 518 X. Engineering Consultant Selection for Road Improvements - CR -512 West of U.S. #1 The Board reviewed the following memo dated 9/16/87: TO: The Honorable Marl ers of the DATE: September 16, 1987 FILE: Board of County Commissioners THROUGH: Charles P. Balczun� County Administrator FROM: James W. Davis, P.Eo Public Works Director DESCRIPTION AND CONDITIONS SUBJECT: Engineering Consultant Selection for CR 512 Improvements West of US 1 REFERENCES: The Selection Conami.ttee interviewed three engineering firms on September 14, 1987 for the design of pavement widening and drainage improvements to CR512. Based upon the interviews conducted, the Committee has ranked the firms in the following order: ' 1) Lloyd & Assoc. Inc. - Vero Beach, F1. 2) Kimley-Horn Associates - Vero Beach, F1. 3) Smith & Gillespie Engineer, Inc., Melbourne, F1. RECOMMATIONS AND FUNDING It is recamlended that staff begin contract negotiations with Lloyd and Associates. Funding to be from Zone III Traffic Impact Fee Account. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) authorized staff to begin contract negotiations with Lloyd and Associates, as recommended by Public Works Director Davis. 1* Y. Community Services Trust Fund Grant Application - Fellsmere Library The Board reviewed the following memo dated 9/21/87: 34 TO: County Commissioners FROM: Liz Forlani, Administrative Aide RE: Community Services Trust Fund Grant Application Department of Community Affairs DATE: September 21, 1987 The above named grant was prepared by the Council on Aging and the Association for Retarded Citizens and approved by the Board at their August 18, 1987 meeting and sent to Tallahassee. The Department of Community Affairs notified Ed Fry. that Fellsmere also applied for this grant and that the County's application either had to be amended or Fellsmere had to withdraw its application. A meeting was held with all parties concerned and it was agreed that the County's application would be amended and that Fellsmere would apply and file their own application. The total amount of the grant is $6,732.50. The amended grant is for $5,000 and Fellsmere's portion is $1,732.50. Approval and authorization for the Chairman to sign the amended application is required. The deadline for filing was August 1st, 1987. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0)' approved the amended application for a Community Services Trust Fund Grant for the Fellsmere Library, and authorized the Chairman's signature. APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PUBLIC HEARING - RESOLUTION DECLARING A "SIMPSONS STOPPER" TO BE A SPECIMEN TREE 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: L- SEP 2 2 1987 35 RdGK 69 PACE519 SEP 22X987 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a J/�f,�,lI 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, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 4 e Sworn to and subsc (SEAL) BOOK 69 PAH -520, NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A COUNTY RESOLUTION DESIGNATING A SPECIMEN TREE Notice is hereby given that the Board of County Commissioners of Indian River County. I Florida, shall hold a public hearing at which par- i ties in Interest and citizens shall have an oppor- tunity to be heard, in the County Commission Ing Chambers the County at 1840 25th street. VeronBea h. Florida. on Tuesday, Sept. 22, 1987 at 9:05 A_M- to consider A RESOLUTION OF THE BOARD OFolution COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIGNAT- ING A CERTAIN SIMPSONS STOPPER (Myrcianthes fragrans) TREE TO BE A ,SPECIMEN SECTIONS 231/-5( )OACCORDANCE WITHTHE COUNTY TREE PROTECTION ORDI- NANCE NO. 83-41. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evi- dence upon which the appeal will be based. Indian River County i Board of County Commissioners BY: -s -Don C. Scurlock, Jr.. Chairman Sept. 1, 1987 The Board reviewed the following memo dated 8/27/87: TO: The Honorable Members of DATE: August 27, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: RESOLUTION DECLARING A Robert M. Kea�%Tig ing, CP t`SIMPSONS STOPPER" TO _ Director of I anni& Development BE A SPECIMEN TREE THROUGH: Michael K. Miller, Chief/4r-)4 Environmental Planning FROM: Roland M. DeBloisMAO REFERENCES: Staff Environmental Planner RESOLUTION DISK. ARTCHA It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on September 22, 1987. 36 04 DESCRIPTION & CONDITIONS: In October, 1986, Mr. William DeBraal, Indian River County Urban Forester, received recognition from the American Forestry Association's National Program of Big Trees for nominating the largest reported Simpsons Stopper (Myrcianthes fragrans) tree growing in the United States. The tree is located in the 2500 block range of 58th Avenue, in Indian River County; the trustee of the property is Mr. Ty Tarby of Ty Tarby & Associates, Winter Park. This memorandum is presented so that the Board of County Commissioners may consider designating the. Simpsons Stopper to be a "Specimen tree" of high value, in accordance with the Indian River County Tree Protection Ordinance No. 83-41 (as amended by Ordinance No.- 86-57) . ALTERNATIVES & ANALYSIS: Section 23J -5(n) of the County Tree Protection Ordinance defines "Specimen tree" as: "A tree which has been determined by the County Commission, following input by the environmental planner, to be of high value because of its type, size, age, or other relevant criteria, and has been so designated by the county commission in the official record books following a public hearing with due notice by certified mail to the owner." The Simpsons Stopper is a protected tree under the Tree Protec- tion Ordinance, in that it is over 8 inches in diameter. While designating it as a Specimen tree will not afford additional protection under ordinance criteria, the designation will serve a purpose of alerting County staff that the tree is of excep- tional value, and therefore should receive special considera- tion for protection. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners adopt the attached resolution designating the described Simpsons Stopper tree to be a "Specimen tree", in accordance with the County Tree Protection Ordinance. Commissioner Eggert questioned why the tree has to be recorded in the "official record books," and Attorney Vitunac advised that it would not be a limitation on the title, but it may interfere with any purchaser's intended use of the property such that he could get out of the contract, i.e. if the purchaser's use required that the tree be cut down, that may interfere with the sale. Otherwise, it would not put a cloud on the title. Commissioner Bird asked how this designation would affect future development there, and Planner Roland DeBlois explained 37 SEP 22 1987 - Bou 69 PnE 521 S E P 2 21987 - BOOK 69 FAGE 522 that the resolution will serve to alert staff to the tree when the land is developed. Robert Keating, Director of Planning & Development, noted that there is not much difference between a "specimen tree and an historical tree." The "specimen tree" designation will serve as a reminder to the staff or the owner of the property that the tree is of special significance. The resolution does not really give it any more protection than the County's Tree Protection Ordinance, however. Commissioner Eggert asked why we are designating this particular tree when there are several other significant trees in this area, and Vice Chairman Bowman explained that this tree has been recorded as the largest in the nation. Vice Chairman Bowman opened the Public Hearing, and asked if anyone wished to be heard in this matter. Attorney Richard Bogosian, representing Ty Tarby Associates of Winter Park, trustee for the property on which the tree is located, stated that his client feels there is no need for the County to declare any tree on this property as a "specimen tree," particularly since staff has stated that the resolution will not afford this tree any more protection than the Tree Protection Ordinance. He stated that the owners of this property and some 200 acres in the area are excited about having this tree on their property and will make every effort to protect this tree when development occurs in that area. The owners are concerned, however, that such a resolution will have an effect on the financing of a development when financial institutions discover that the tree has been recorded as a "specimen tree". Attorney Bogosian emphasized that while the owners feet the tree should be protected, they do not want the title to the land clouded. Director Keating explained that there is nothing in the Tree Protection Ordinance that would prevent the owners from getting a permit to remove the tree if it is in the way of concentrated development. 38 10 Commissioner Bird felt that the fact that we are discussing this at a Public Hearing gives this tree a special status and gives notice to the owner that the County will be keeping a -_ special watch on this tree. Director Keating felt the Board could accomplish the same objective by approving the Resolution, but not having it recorded in the public records. Attorney Bogosian was not sure whether a title search would bring up an unrecorded resolution of the Board, and Attorney Vitunac repeated that this is not a limitation on the title -- it would not be found. This is a regulation of property much as any building or zoning regulation. All property is taken subject to property use according to these other regulations. Although it will affect the use of the property, it is not a limitation on the title. Attorney Vitunac pointed out that the other side of the question is what harm would this resolution cause, and Attorney Bogosian felt that during the financing process, someone would ask why the resolution was passed when the Tree Protection Ordinance gave the tree the same protection as the "specimen tree" status. Vice Chairman Bowman felt that this puts the owners or future owners on notice that if they cut that tree down, the public would be at their throats. Attorney Bogosian admitted that his client believes the tree is in an area that will not be affected by the development and that they probably could work around the tree and identify it for the public's benefit. However, they don't want to be tied up initially. Urban Forester William DeBraal felt that this tree should be afforded every protection. He emphasized that this tree is native to Florida, not just the West Indies. Attorney Bogosian recalled that Mr. DeBraal gave him the information that Simpson Stoppers grew as high as 60 feet; 39 SEP 2 2 1987 Book 69 PacE 523 S E P 2 21997 - BOOK 69 PAGE 524 . however, he believed that height could be reached only in the West Indies. Nancy Offutt, representing the Vero Beach Board of Realtors, suggested that the Tree Protection Ordinance be amended to add this as a specific protected tree, and Commissioner Eggert pointed out that i,t already is protected by the Ordinance as a West Indies tropical tree. Director Keating explained that this does not specify the whole species as a "specimen tree", just this particular tree. Ty Tarby, trustee of the property on which the Simpson Stopper is located, pointed out that all trees on the property will be given consideration at the time of site plan approval, and all those that can be preserved, will be. Another concern is that this designation will attract many visitors to this site, which will increase their liability. Vice Chairman Bowman doubted very much that America is going to beat a path to see this tree. Commissioner Bird wondered whether we were being a little bit unfair to this particular property owner by perhaps making the title a bit clouded, and he felt that we have made this a special tree without going to the extent of adopting the proposed resolution. Attorney Vitunac repeated that the resolution would not put a limitation on the title, it would just affect the use of the property on which the tree is located. Since a permit can be obtained to remove the tree if necessary, he felt it was only a minor regulation compared to other building and zoning ' v restrictions. In any event, the tree is protected by the Tree Ordinance. Commissioner Bird felt that the resolution might cause a - potential buyer too ask what they are getting into, but Commissioner Eggert pointed out that if it wasn't recorded, it would not create any cloud on the title. 40 ok Attorney Bogosian did not feel his client would be too concerned if the Board.,adopted the resolution without recording it. He did feel, however, that if he was an attorney for a bank, he would question why this resolution was passed if it did not afford any more protection than the Tree Protection Ordinance. Vice Chairman Bowman felt that the resolution gives the tree added recognition and protection. COMMISSIONER EGGERT MADE A MOTION that the Board adopt Resolution 87-120, designating a particular Simpson Stopper Tree to be a "specimen tree" in accordance with Section 231-5(n) of the County Tree Protection Ordinance No. 83-41, without having the designation in the official record books of the County, in that the specimen tree designation would not afford said protected tree any additional protection under the County Tree Protection Ordinance. Commissioner Bird stated that he would not second the Motion because he felt this Public Hearing has established the tree as a special tree and made the resolution unnecessary. Attorney Vitunac advised that he always felt that the Chairman has the right to make a motion or second a motion in a small body such as this. However, it should not be done routinely. VICE CHAIRMAN BOWMAN SECONDED THE MOTION, which was voted on and carried by a vote of 2-1, Commissioner Bird dissenting. Commissioner Eggert felt very definitely that this tree should have Planning Department status, which is what the unrecorded resolution gives it, because this meeting may be forgotten in 5 years or so. 41 SEP 221987 POCK 69. PACE'525 n BOOK 69 PAC -0526 S E P 22 1987 RESOLUTION NO. 87- 120 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING A PARTICULAR SIMPSONS STOPPER (Myrcianthes fragrans) TREE TO BE A "SPECIMEN TREE," IN ACCORDANCE WITH SECTION 23}-5(n) OF THE COUNTY TREE PROTECTION ORDINANCE NO. 83-41. WHEREAS, the Board of County Commissioners of Indian River County -recognizes that trees serve a valuable ecological as well as aesthetic function, in the interest of the present and future health, safety and welfare of the citizens of the County; and WHEREAS, the Indian River County Tree Protection Ordinance (No. 83-41) sets forth provisions to protect trees identified to be of significant ecological and aesthetic value; and WHEREAS, Section 23#-5(n) of the Tree Protection Ordinance defines "specimen tree" as " a tree which has been determined by the county commission, following input from the environmental planner, to be of high value because of its type, size, age, or other relevant criteria, and has been so designa- ted by the county commission in the official record books following a public hearing with due notice by certified mail to the owner"; and WHEREAS, the American Forestry Association's National Program of Big Trees recognizes a particular Simpsons Stopper (Myrcianthes fragrans) tree in Indian River County to be the largest of its kind reported in the United States; and WHEREAS, said Simpsons Stopper is located on property with Mr. Ty Tarby as trustee, such property being legally described as: EAST § OF THE NORTHWEST j OF THE NORTHWEST OF SECTION 05, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; and WHEREAS, Mr. Ty Tarby, the trustee of the property, _ = has been given due notice of the specimen tree hearing by certified mail; and WHEREAS, the Board of County Commissioners has determined that said Simpsons Stopper qualifies to be designated as a "Specimen tree" as defined in the County Tree Protection Ordinance; and 42 RESOLUTION NO. 87-120 WHEREAS, at the public hearing for the designation of said specimen tree, the Board of County Commissioners voted not to record the designation in the official record books of the County, in that the specimen tree designation would not afford -_ said protected tree any additional protection under the County - "-- Tree Protection Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. .The foregoing recitals are adopted and ratified in their entirety. 2. The Simpsons Stopper (Myrcianthes fragrans) tree described herein is hereby designated to be a specimen tree, in accordance with Section 23}-5(n), Tree Protection Ordinance, of the Code of Laws and Ordinances of Indian River County, excepting that such designation is not to be recorded in the official record books. THIS RESOLUTION was moved for adoption by Commissioner - Eggert , seconded by Commissioner Bowman , and adopted on the 22nd day of September 1987, by the following vote: Commissioner Don C. Scurlock, Jr. Absent Commissioner Margaret Bowman Ave Commissioner Richard Bird Nay Commissioner Carolyn Eggert Ave Commissioner Gary Wheeler Absent The Chairman thereupon declared the resolution duly passed and adopted this 22 day of September , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA L12::2 L Don C. Scur ock, Jr. 9 airman ATTEST: COUNTY CLE_F��� . STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) 2 43 SEP � �� Boow. ' 69 P*. 527 r—I SEP 2 2198? Boa 6.9 PAGE528 PUBLIC HEARING - GRAND HARBOR, INC. PETITION TO ABANDON A PORTION OF GIFFORD DOCK ROAD The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the Court, was pub- lished in said newspaper in the issues of 147,717 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement. for publication in the said newspaper. I, - Sworn to and subscydbef (SEAL) me is j/�r�day of � .fa!19 Sineg9•M� ager) (Clerk'of the Circuit Court, Indian River County, Florida).. 44 NOTICEOFi utter HEARING , Poulton for Notice of hearing en and vacation of a the dosing, abandoruo o from a Point 9P* portion of Gifford Dook Road right proximate 4, feet east of the: est ximmately way lire 01713-S, 1 and extending PP►o I,Wil feet In a northeasterly round the southon. Sold east segment to be realign Grand around Said right. . of the Grand Harbor Project,eycularly :f rner way to be abandoned being more pa described as follows: E EXISTING GIF - THAT PART OF THE LYING IN THE FORD DOCK ROAD EAST HALF THE SOUTHWEST QUARTER OF SEGE m 2EASTWND AIN 32 SOUTH, R ORIDAI LESS AND RIVER COUNTY. FL OF SAID EXCEPT THAT PORTION ROAD IN THE 5011TH HALF AND OTME Ep pT SOUTHWEST QUARTER OF SECTION 24. A public hearing el which parties In Interest nity be - and eitlxens shall here an soard of County Coen- _ heard, will befhold by River Coca hyFlooda. In he missloners Commtsslon Chambers at 1840 the county County Adminlstrstion h, Florida,located 25th Street, Verb Beach. Flrion Tuesday - 25th 22.1987 at 8:05 a.m• appeal any decision Anyone who may Wall h to Meet will need b which may be made at this maell 1 � PKK«d. ensure that a verbatim recorda tlmany end :. Ings Is made which includes evidence upon whleh Me appes1 will be bassd- Indianan River Coca County Soard of County Jr. Chelneen gy:•s•Don C. Scurlock' Sept 1, 1987 11* The Board reviewed the following memo dated 9/14/-87: TO: The Honorable Members of DATE: September 14, 1987 FILE: - _ the Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Kba1lingCMICP SUBJECT: Planning & Development Director GRAND HARBOR, INC.'S _- PETITION TO ABANDON A PORTION OF GIFFORD DOCK = -_ ROAD FROM: Stan Boling A6, :.REFERENCES: grand-harbor- Chief, randk!arbor- Chief, Current Development STAN4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 22, 1987. LOCATION AND DESCRIPTION: Grand Harbor, Inc. has submitted a petition to abandon a ±1,284' portion of Gifford Dock Road. The subject right-of-way segment lies approximately 4,900' east of U.S. 1 along 45th Street, "cutting across" the southeast corner of the Grand Harbor site. Along with the abandonment petition, the applicant proposes dedication of an alternate Gifford Dock Road routed around the southeast corner of the Grand Harbor project. In essence, the applicant is proposing that the County abandon a segment of Gifford Dock Road in exchange for a relocation of the road, including right-of-way dedication for the new route and construction of a new marl road. The proposed road relocation would provide the same quality of access from 45th Street to the river that is provided by the road segment to be abandoned. Abandonment of this portion of Gifford Dock -Road would permit the creation/restoration of the southernmost estuarine area, pursuant to the approved Grand Harbor estuarine plan. To ensure that the new roadway alignment will be dedicated and constructed prior to the removal of the segment to be abandoned, the applicant and the County Attorney's office have worked out the following arrangement: 1. County abandons the subject road segment; 2. Grand Harbor, Inc. conveys by deed to the County, the segment abandoned by the County. The deed (see attachment #4) contains a reverter clause which states that the roadway segment (to be abandoned by the County) will revert to Grand Harbor, Inc. when the new road segment is constructed and dedicated, and approved by the Public Works Director. Therefore, although the County will abandon the subject road segment, that segment will not revert to Grand Harbor, Inc. until the new roadway is dedicated ands►constructed. 45 SEP 22 1987 - BOOK 69 FACE 529 SEP 2 2 237 BOOK 69vA 5:30 Because the Gifford Dock landing has historical significance, the proposed abandonment and relocation of the subject road segment was reviewed by the Scenic Trails Committee on July 23, 1986. At that meeting the Committee recommended that the proposal be approved with the condition that the new roadway not be paved but be an improved marl road (to maintain the traditional character of the river landing area). Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having possible jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment and roadway relocation request. ANALYSIS: The subject 15' wide right-of-way is currently improved as a marl road and is graded by the County. The subject right-of-way is not a part of the roadway system as noted on the County Thoroughfare Plan and is not needed as part of the thoroughfare system. The abandonment, in conjunction with the proposed roadway relocation, would not interfere with convenient access to the Gifford Dock landing or to properties south of Gifford Dock Road. --- The Public Works Director has no objection to the proposal, including construction of the proposed marl roadway. The County - Attorney's Office has reviewed the request and the .submitted deed (with reverter clause) and has found both acceptable. RECOMMENDATION: Staff recommends that the Board of County Commissioners abandon the County's rights to the subject portion of Gifford Dock Road, accept a deed (with a reverter clause) for the subject right-of- way, and authorize the Board Chairman to execute the attached resolution (attachment #5). Commissioner Bird asked if the 900 turn that this would create would be a problem from a traffic flow standpoint, and Planner Stan Boling advised that the Traffic Department has addressed that situation and does not feel it would. Vice Chairman Bowman opened the Public Hearing, and asked if " v anyone wished to be heard in this matter. Attorney Steve Henderson, representing Grand Harbor, Inc., stated he was here to answer any questions concerning the - legalities of this deed exchange. 46 The Board having no questions, and there being no -others who wished to be heard, the Vice Chairman declared the Public Hearing closed. 4 L_ SEP 22 1987 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) adopted Resolution 87-121, providing for the closing, abandonment, and vacation of a portion of Gifford Dock Road. 47 Bou 69 PAGE 5.31 SEP 2 2 3987 9 ltOOK ;(: 9 F :32 RESOLUTION NO. 87 -- 121 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROVIDING VOR THE CLOSING, ABANDONMENT, AND VACATION OF A PARCEI, OF RIGHT-OF-WAY KNOWN AS A PORTION OF GIFFORD DOCK ROAD FROM A POINT APPROXIMATELY 4,900 FEET EAST OF THE EAST 1tIGI:T-OF-WAy LINE OF U.S. HIGHWAY #1 AND EXTENDING NORTHEAST A DISTANCE OF APPROXIMATELY 1,280 FEET. WHEREAS, The County has received a duly executed and documented petition from Grand Harbor, Inc., 660 Beachland Blvd., Vero Beach, Florida, requesting the County to close, vacate, abandon, and disclaim any right, title, and interest of the county and the public in and to a portion of Gifford Dock Road from a point approximately 4,900 feet east of the east right-of-way line Of U.S. Highway #1 and extending northeast a distance of approximately 1,280 feet; and WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right- of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network; nor access to any given private property; and WHEREAS, the petitioner agrees to convey by deed to the County the subject right-of-way herein abandoned; and WHEREAS, said deed, copy attached hereto as "Exhibit A", contains a clause whereby the subject right-of-way will revert to the petitioner upon specified performances and approval by the County of said performances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD- OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and public in and to that certain particularly described as: interest of the county and the right-of-way being known more THAT PART OF THE EXISTING GIFFORD DOCK ROAD LYING IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THAT PORTION OF SAID ROAD IN THE SOUTH 50 FEET AND THE EAST 50 FEET OF THE EAST HALF OF SAID SOUTHWEST QUARTER OF SECTION 24. is hereby forever closed, abandoned, vacated,' surrendered, dis- continued, remised and released. _ 2. Notice of ;forthwith published adoption hereof; and 3. The Clerk _ -.together with the Statutes §336.10 in .County without undue the adoption of this resolution shall be once within thirty (30) days from the date of is hereby directed to record this resolution proofs of publication required by Florida the 'Official Record Books of Indian River delay. 4. The-County,hereby accepts from the petitioner the above (";'rib") deed.fol-�the subject r. o iclht-f-way, copy .attached hereto gas "Exhibit-- A". 48 10 The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird , and upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Absent Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Absent The Chairman thereupon declared and resolution duly passed and adopted this 22nd day of September , 1987. BOARD OF COUNTY COMMISSIONERS �+ I OF INDIAN RIVER COUNTY,• -FLORIDA BY: / c. Don C. Scurlock, Jr. airman Board of County Comm ssioners ATTEST: Freda Wright, Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and p fficial se 1 in the Coun,,ty and State last aforesaid this Kday of 4hdA.4 -, A.D., 1987. vv MotarO Public ' NOTARY PUBLIC STATE OF FLCRI NY CONNISSION EXP. JULY 6,1990 BONDED THR!1 GENERAL INS. U0. ! APPROVED AS TO FORM AND LEGAI. SUFFICIENCY BY:�141rs�. Q. Charles Vitunac County Attorney 49 SEP 22 1987 APPROVED AS TO PLANNING MATTERS Robert M. Kea ingDirector Planning- & Develo me BOOK 69 FACE 5.33 �II S E P 2 2 1987 This Quit -Claim Beedr Executed this day of BOOK FAGE5• .A.D. 1987 ,by GRAND HARBOR, INC., a corporation existing under the laws of the State of Florida , and having its principal place of business at 660 Beachland Boulevard, Vero Beach, Florida 32963 first party, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, W110 -se posioffice address is 1840 25th Street, Vero Beach, Florida 32960 second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal reprexntatives, and assigns of individuals, and the sucressors and assigns of corporations, wherever the contest sac admits or requires.) ltneSSethr That the said first party, for and in consideration of the sum of $ 10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quitclaim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of [and, situate, lying and being in the County of Indian River State of Florida *to utit: That part of the existing Gifford Dock Road lying in the East half of the southwest quarter of Section 24, Township 32 South, Range 39 East, Indian River County, Florida; LESS AND EXCEPT that portion of said road in the South 50 feet and the East 50 feet of the East half of said southwest quarter of Section 24. REVERTER: Title to the above-described property is held by Grantor by virtue of an Ordinance abandoning Gifford Dock Road, being Ordinance Number , adopted by the Board of County Commissioners, Indian River County, on is Title to the above-described property will revert to the Grantor upon the happening of all of the following events: I. Conveyance to Indian River County by Warranty Deed of a 50 -foot right-of- way for the relocation of Gifford Dock Road, as described on Exhibit A attached hereto. Warranties shall not apply to that portion of 45th Street located withi the proposed right-of-way relocation. 2. Approval of plans for, and construction of, an improved marl road constructe along the right-of-way, for relocation of Gifford Dock Road, built to standards specified by the Public Works Department of Indian River County. Except as otherwise noted, conveyance of the right-of-way for relocation of Giffor Dock Road shall be by Warranty Deed, free and clear of all encumbrances. T® 1aue and t® Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to the only, proper use, benefit and behoof of the said second party forever. ]n BUMS MUM the said first party has caused these pres- (C0R1'0RA'rF. SEAL) eats to be executed in its name, and its corporate seal to be hereunto of f ixe by its proper officers thereunto duly authorized, the day and year irs ove written. An*Es*r: .......... GR ND HARBO , INC .Secretary..... ............... r .�. Signe ealed and delivere ' the presence of: ........ ...... .. .. .... ..... . ........................ RI HARD G. SCHA , Jr. President STATE OF FLORIDA COUNTY OFLNI)IAN IttVE'lt 1 I 11ERERY (TRTIFY that sin this day, before me• an officer duly authorized in the State and County aforesaid to take acknowledgments, persouoailyappeared = Itl(:IIAI{I1 G. ::(:IIAIIII. .Ir., -well known to me it, he else 1're.ident)oxdt CXXXXXXXXXXXXXXXXXXXXXXX` O(tKSV' of the corporation named ss first party in the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under indss.nty rluly teved in these, by said snrpnsatoon and that the teal affixed thereto is the true rorpsorat al of aid rntps.rannn. WI [ \ESS my hand and official teal in the County and State last a oressid this p� 9 day ofi. D. 19 $% . (Notarial Seal) Notary ublic, State of Flo' a, Commission Expires: %it/uflrranrit/ /tri/rrurfl /,I,: STEVE L. HENDERSON. Esquire NOTARY FUBLitw STATE OF FLORID : ,Ihc tt P.O. Itetx 3406. Vert, Beach. Florida 31+)f>4-3406 MY COMM SSION EXPIRES PRli.'f,10 a 50), i4 -1 Ll e INDIAN RIVER BOULEVARD NORTH EXTENSION MITIGATION OF WETLANDS The Board reviewed the following memo dated 919187: TO: The Honorable Members of the DATE: Sep r 9, 1987 FILE: - - - Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator SUBJECT: Indiangiver Boulevard North Extension - Mitigation of Wetlands FROMJames w. Davis, P.E., REFERENCES: Report Boyle Engineer— Public Works Director ing Corp for Indian River rm„nt-j; DESCRIPTION AND CONDITIONS Boyle Engineering* Corp. has completed the Mitigation Site Review required by the eight state, local, and federal agencies involved with the environmental permitting of the North Extension of Indian River Boulevard. .. ALTERNATIVES AMID ANALYSIS As the Executive Summary on page three of the report indicated the consultant has reviewed three mitigation sites as follows: 1) Golf Course Impoundment - located east of the Vero Beach Country Club between the Main Canal and the North Canal (Voisenberry Creek) - approximately 106 acres. 2) Strazzulla Impoundment - along Indian River Boulevard south of 16th Street - approximately 35 acres. 3) The Vista Royale Impoundment - located east of Vista Royale - approximately 133 acres. All three sites were reviewed with the regulatory agencies for determining the feasibility of Rotational Impoundment Management (RIM) to compensate for filling 20 acres of right-of-way located in wetland areas. The study concluded with the recommendation that the County should pursue acquisition of that portion of the Golf Course Impoundment between the Main and North Canals, in addition to the wetland/upland areas between the impoundment and Country Club Subdivision which totals 106± acres. RECOMM MATIONS AND FUNDING It is recommended that the following action be taken 1) Approval and acceptance of the Mitigation Site Review Report by Boyle Engineering. 2)' The County pursue acquisition of the 106± acres Golf Course Impoundment. 3) The Board authorize the funding and preparation of a Boundary Survey of the 106± acre Golf Course Impoundment. At this time, a cost of the survey has not been determined. A final contract with a survey ccapany will be presented to the Board for future approval. 4) Once the survey is complete, an appraisal of the 106± acre impoundment would be ordered and acquisition procedures initiated Funding to be from Gas Tax Revenue, Traffic Impact Fees, and possible DOT Local Government Assistance Program matching. funds (as obtained in constructing Indian River Boulevard South). 51 n SEP 2 2 1987 BOOK DU FaGE 5.35 SEP 22 1987 - Roo 69 eaUF536 Public Works Director Jim Davis advised that the consultant is recommending a plan of action whereby the county would secure the surveys of land by the Main Relief Canal, bordering on the south, and Voissenberry Creek Canal (North Canal), bordering on the north of the area to be surveyed, and all the land lying east of Country Club Pointe Subdivision to a filled area on Indian River. The consultant is recommending that this area, which is approximately 106 acres, be surveyed at this time by the county and that this site be considered as the first prioritized site for the mitigation of the filling of the 20 acres of wetland involved with the extension of Indian River Boulevard. At this stage, staff is requesting that this report be accepted for the record and that staff be authorized to proceed in securing surveying services. In addition, after the survey is complete, staff is requesting authorization to contact the property owners to get some idea on their being willing to sell or donate the property to the county, and authorization to proceed with the property acquisition. Commissioner Eggert felt staff's recommendation was fine, except for the -authorization to proceed with acquisition. She did not want to see an out and out vote today about purchasing these properties without the Board knowing exactly what the County is buying and at what price. Commissioner Bird believed the consultants' recommendation on the prioritized site was based on factors other than economical factors, but felt the Board has to consider the economical impact of the di-fferent alternatives. 0 Director Davis advised that, basically, they are asking for authorization to secure either an independent surveyor, or use the county surveyor, if his workload permits, and to communicate with the property owners after the survey is completed to try to determine whether they are willing to donate or sell the property and at what prices. He noted that there has been a lot of communication with the property owners over the past years, and 52 staff feels that even if the property owners are willing to sell, the Board would want an appraisal first. Commissioner Eggert had no problems with staff recommendations #1, #3 and #4, but suggested the deletion of - recommendation #2, which would commit the County to buying the property no matter what. g Vice Chairman Bowman also suggested the deletion in the last part of the sentence in recommendation #4, which reads "and acquisition procedures initiated." Vice Chairman Bowman asked if anyone wished to speak in this matter. Attorney William Caldwell, owner of approximately 60 acres in this area, understood that the proposed acquisition area goes through some very usable real estate on the river, and in fact, is a total taking. He suggested that rather than just limiting the survey to the eastern border that Boyle Engineering has come up with, the Board might want to extend it to the river in order to get complete legals, topographies and aerials. Commissioner Eggert understood that when we were talking about this before, we were talking about looking at all that land east of Country Club Pointe. Director Davis advised that it would be no problem to expand the scope of the survey to include all the property east of Country Club Pointe to the actual mean high water point of the Indian River, and he did not feel the cost would be that much greater. Commissioner Eggert felt it would be of value to us to know what the cost of the land would be, and then all the people in the area would know exactly what they are dealing with. Attorney Caldwell pointed out that the owners in that area have had a little problem in dealing with the County because the City controls the real estate in that area. They have tried to get both the Chairman of the Board of County Commissioners and the City Manager to initiate a joint meeting to see if there was 53 SEP 2 2 1987 - BOOK 69 Fu..E 537 SEP 2 2 1987 BOOK 69 PAGE5338. some way that the County's plans of mitigation could dovetail r with the use of the property. Commissioner Eggert emphasized that the County suggested a date for a joint meeting, but nothing happened. Attorney Caldwell advised that they would continue to try to work with the engineers if they will be receptive to talking with them, but Commissioner Eggert pointed out that the Board directed that no specific group have contact with Boyle Engineering except through Director Davis, who is the liaison on the project. Otherwise, the engineers would be pulled in all directions. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously (3-0) approved staff's recommendations with the deletion of recommendation #2 and the last part of #4, which states, "and acquisition procedures initiated." ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) authorized the survey to extend to the river. ACCEPTANCE OF BID ON HOIST FOR UTILITIES DEPARTMENT The Board reviewed the following memo dated 9/21/87: 54 A TO: BOARD OF COUNTY COMMISSION S DATE: SEPTEMBER 21, 1987 THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY S R S FROM: JEFFREY K. BARTON'©►L ASST. DIRECTOR OF UTILITY SERVICES SUBJECT: BID ACCEPTANCE (HOIST) Indian River County Utilities current pole truck, which has been used to lift pumps from wet wells within the sewer system, was abandoned as inoperable in July 1987. At that time, we told -the Board, we were advertising for bids to have the hoist added to one of the new 3/4 ton utility truck's. Funding it in the 86-87 Budget year and encumbering the hoist prior to the end of the Fiscal year is necessary for budgeting purpose. Bids were not received until Wednesday, September 16, 1987, and their are no other scheduled bid meeting prior to the end of the Fiscal year. TO: Members of the ,' DATE: September 2 Board of County Commissioners f� THRU: Terrance Pint SUBJECT: BID NUMBER 371 - Utility Director TRUCK MOUNTED CRANE FROM: Jose p �-ctor . Baird OMB Di Description of Condition Bid number 371 for a Truck Mounted Crane was opened at 2:00 p.m. on Wednesday, September 16, 1987. Three (3) bids were received and they are as follows: Vendors Johnny Stamm Equipment Equipment Price LIFTMOORE $ 6,199.00 Model 270OREE (100% Full Power) South Florida LIFTMOORE $ 5,527.75 Engineers, Inc. Model 2700 Pringle Equipment None No Bid Neff Corporation None No Bid L_S EP 22 1987 55 BOOK 69 FAGS 539 SEP 2 2 1987 BOOK 69 �EacE540 . The LIFTMOORE Model 2700 bid by South Florida Engineer, Inc., at a cost of $5,527.75, will not meet specifications since the equipment does not have a hydraulic powered boom extension or a power rotation boom. The Utility staff feels the hydraulic rotation and extension is important. Recommendation Staff recommends that the Board of County Commissioners award the bid to Johnny Stamm Equipment in thg amount of $6,199.00 to be paid from account number 706-230-535-066.39. Administrator Balczun explained that this item was placed on the Agenda as an emergency item today, because if we were to delay the award of this contract, the transportation cost would be substantially higher and there would be an 8 -week delay in delivery. Commissioner Bird thought it was curious that the memo states that 3 bids were received, but only shows two bidders. OMB Director Joe Baird pointed out that one of the 3 bids received was a "no bid." Commissioner Eggert understood then that since South Florida Engineers' bid did not meet specifications, we only have one bid on this crane/hoist. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously (3-0) accepted the $6,199 bid from Johnny Stamm Equipment for a Liftmoore, Model 270OREE (100 Full Power). Commissioner Bird wished to see the specifications on this hoist, and OMB Director Joe Baird advised that the specifications would be available in his office after the meeting. DIXIE HEIGHTS SUBDIVISION - DRAINAGE 6 PAVEMENT IMPROVEMENTS The Board reviewed the following letter dated 9/11/87: 56 a r TO: Board of County Commissioners DATE: September 11, 1987 FILE: SUBJECT: DIXIE HEIGHTS SUBDIVISION -_ DRAINAGE & PAVEMENT IMPROVEMENTS _ FROM: Charles P. Balczun, REFERENCES: County Administrator —el Attached you will find copies of correspondence with respect to your recent action approving paving and certain drainage improvements in the Dixie Heights Subdivision. That correspondence is as follows: .: Stanley Steyer letter to Board of County Commissioners, dated July 21st .: Charles Balczun letter to Stanley Steyer, dated July 29th .: Memo to Sharon Brennan from Michelle Terry, dated July 31st .: Stanley Steyer letter to Charles Balczun, dated August 7th .: Memo to Charles Balczun from Jim Davis, dated August 10th .: Charles Balczun letter to Stanley Steyer, dated August 14th .: Stanley Steyer letter to Charles Balczun, dated August 28th .: Charles Balczun letter to Stanley Steyer, dated September 11th Most recently (August 28th) Mr. Steye& requests the Board of County Commissioners take certain actions for the purpose of delaying this project or altering our repayment plan for him. Mr. Steyer's proposals are set forth in Paragraph 5 of the August 28th correspondence to me. a I am placing this matter on the agenda for your meeting scheduled for September 22, 1987. Administrator Balczun reviewed the correspondence he has had with Mr. Steyer over the last few months, and presented Mr. Steyer's alternatives in regard to the paving assessment. He pointed out that if these alternatives were awarded to Mr. Steyer, they would be alternatives never given to other people. Administrator Balczun advised that Mr. Steyer owns abut 600 lots in the county, of which approximately 200 are in the Dixie Heights Subdivision area, and that Mr. Steyer feels he would be financially strapped in paying for this paving assessment. He pointed out that Mr. Steyer appears to own several properties, all or portions of which are attractive to the County for S EP 2 t )"0017 57 _ BOOK , 69 F* 541 SEP 22 1987 r am. "69 Fa,E 542 right-of-way acquisition purposes. Director Davis is going to be reviewing that, and if it is found that acquisition of the right-of-way is necessary, it will be brought back to the Board at a future date. However, it is staff's recommendation that the Board make no changes in the petition paving program or its regulations as they relate to Dixie Heights. Commissioner Bird asked if Administrator Balczun got the impression in meeting with Mr. Steyer that this would be a true hardship and that he deserves some consideration, and Administrator Balczun said that he tries to avoid drawing those kind of conclusions. He did indicate to Mr. Steyer that the laws are laws and rules are rules, and that this was being placed on the Agenda because he had made such a super human effort to convince the County to back down from policy. Commissioner Eggert felt that except for spreading out the payment of the assessment over 5 years, the Board has not made any other changes in policy regarding the petition paving program. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously (3-0) denied the request by Mr. Steyer for special consideration on the petition paving assessment in Dixie Heights Subdivision. 58 I#: IN CENTRAL 911 - GE STAR VALIDATOR The Board reviewed the following memo dated 9/3/87: TO: Board of County Commissioner®ATE: September 3, 198 THRU: Joe Baird, OMB Directo •qui � FrvEn luftof �� _ "'V SUBJECT: Central 911 - GE Star Validator Aj FROM: Doug Wright REFERENCES: Sheriff's Department Director, Emergency Management Memo Dated 7/22/87 _ The Indian River County Sheriff's Department recently advised -_ in a memorandum that it will be necessary for each radio unit that is dispatched thru the. Central 911 system to have a GE Star Validator installed prior to January 1, 1988. Information.received indicates that the GE Star Validator will interface with the CAD System automatically, identifying the unit --calling when the radio is activated. The memo advises that Communications of Vero will be handling the installation and coding of the equipment. Communi- cations of Vero has advised that the validator would cost $190.00 for each radio and this price includes coding and installation. The purchase of this equipment was not planned for in the respect- ive budgets of the Emergency Management, North County Fire District, or the ambulance squads due to late receipt of the information. The following County radio units will need the validators installed and funded prior to January 1, 1988. Emergency Management Twelve radios @ $190.00 each = $2,280 Sebastian Volunteer Fire'Department Twenty -Three (23) radios @ $190.00 each = $4,370 Vero Lake Estates Volunteer Fire Department Nine (9) radios @ $190.00 each = $1,710 Roseland Volunteer Fire Department Fourteen (14) radios @ $190.00 each = $2,660 Wabasso Volunteer Fire Department Nine (9) radios @ $190.00 each = $1,710 59 SEP 2 2 1987 Bou 69 FACE 50 Booz 69 Pa,UF.544 Fellsmere Volunteer Fire Department Eight (8) radios @ $190.00 each = $1,520 Fellsmere Volunteer Ambulance Squad Three (3) radios @ $190.00 each = $570 Indian River County Volunteer Ambulance Squad Seven (7) radios @ $190.00 each = $1,330 Sebastian Volunteer Ambulance squad Four (4) radios @ $190.00 each = $760 Total funds required for GE Star Validators $16,910. The North Indian River County Fire Taxing District budget will require the approval of an amendment for the expenditure of these funds. Funds for Emergency Management and the volunteer ambulance squads radio equipment apparently will have to be made available from the County General Fund amending the budget earlier approved. It is respectfully requested that action be taken by the Board of County Commissioners to approve and/or direct the appropriate response so the various EMS/Fire agencies will be able to interface the CAD/ Central Dispatch System by January 1, 1987. Doug Wright, Director of Emergency Management, reported that he indirectly received a copy of the memo from the Sheriff's Dept. dated July 22, 1987, giving some information about the GE Star Validator for the communication equipment used by the emergency response departments. Based on that information, he advised the Board of our current situation in terms of numbers and dollars since we did not have this information available at the time the budget was prepared. Vice Chairman Bowman asked why we were notified so late, and Director Wright said he could not answer that question -- he M received the information somewhere around July 25th. Commissioner Bird was curious to know what bidding process was used by the Sheriff's Dept. in determining that Communications of Vero would install these radios at the tune of $190 a piece. He stated he was not prepared to approve this expenditure until he found that out. 60' � i � Vice Chairman Bowman suspected that they were the only ones qualified to do it, but Commissioner Eggert pointed out that there are firms in surrounding areas that might be able to. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously (3-0) deferred action on this item until the meeting of October 6th in order to receive more backup material on the bidding process that was used. Administrator Balczun felt that the installation price probably was due to the fact that there is no warranty on the GE radios if another brand of chips is used in the radios. Commissioner Eggert did not feel that was the problem here, and Administrator Balczun agreed that it goes beyond that. He had no idea where the July 22 memo was or where it went. Director Wright believed he had attached a copy of the July 22nd memo to his Agenda material, but the Commissioners pointed out that it was not in the backup material today. Commissioner Eggert emphasized that we talked about these radios, and they were going to find out about them, but apparently it went afloat. Later we were told everything was taken care of, but here we are with the whole thing back again. THE VICE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried (3-0). Commissioner Bird just want to be assured that the bidding process is fair in regard to other firms in the county. 61 S E P 2 2 957 J BOOK 69 FACE 545 SEP 2 2 1957 BooK 69 FacE 546 DISCUSSION ON RESCHEDULING OF ROSE -4 PUBLIC HEARING Vice Chairman Bowman advised of the difficulties in the sound system in the Sebastian Community Center, and Liz Forlani, Administrative Assistant to the Board of County Commissioners, advised that if the Board feels that location would be inconvenient, she would reschedule the meeting at the Sebastian City Hall for either October 29th or November 18th. The Board decided to leave the meeting as scheduled for October 14th at 7:30 P.M. PARKS & RECREATION COMMITTEE REPORT Commissioner Bird reported that the Committee recommended that the County Commission continue to work toward the sale of the property adjacent to the Tracking Station Park and the surplus property at 5th Street, S.W. and 43rd Avenue, and continue with the purchase of the South County Park property on 20th Avenue and Oslo Road. Commissioner Bird reported that Douglas Upton appeared before the Committee to request that a remote control car race track be constructed at the Fairgrounds location. Mr. Upton said that if the County will provide the space, he can get contractors to donate the material to construct the track. The applicants were advised to bring back a scaled drawing that can be given to the consultant to see if it could be worked into the master plan of the Fairgrounds. The Committee preliminarily endorsed the activity as something that would be good recreation, and will be bringing the matter back to the Board when they receive a more detailed plan. The Committee also received a request from David Palmer, a high school junior, for some skateboard ramps to be provided somewhere in the county so that serious skaters would have a 62 4 place to skate other than on sidewalks and in the streets. Commissioner Bird emphasized that this young man put on one of the most informative and well prepared presentations he has ever -- heard, and the Committee agreed that, if possible, they would - like the County to try and find a place for these type of ramps to be built, and asked Assistant County Attorney Bruce Barkett to check into the liability aspect of such a project. Mr. Palmer was advised that if the County agrees to designate a space for the ramps, he and other skaters in the county should make an effort to solicit community support to fund and build the project. Commissioner Bird pointed out that this young man came in with petitions with over 300 names and put on a 10 -minute presentation, giving all kinds of statistics and data. He felt some of our consultants would have done well to be there and listen to him because he did an excellent job and really impressed the Committee. Whether or not we can accommodate their needs, however, has yet to be determined. Administrator Balczun interjected that he is going to ask Attorney Vitunac to have Attorney Barkett turn over that liability analysis to our insurance consultant, and he cautioned that the exposure on this type of activity is enormous. Commissioner Bird advised that the Committee realizes that there probably are some limitations, but wants it to be looked at. Vice Chairman Bowman felt that the noise factor should be considered also. 63 BOOK 69 PAGE547 n r- SEP 2 2 198 BOOK 69 FACE 548 MEDICAL LIABILITY INSURANCE The Board reviewed the following letter dated 9/14/87: Ylll.. • Y � • Dan K. Richardson Chairman cn rr ti September 14, 1987 ��� DISTRIBUTION LIST Michael J. O'Grady, Jr. PresidentCommissioners " Administrator t/ Mrs. Carolyn Eggert, Commissioner Attorney. Board of County Commissioners Personnel County Administration Building Public Works 1840 - 25th Street Community Dev. Vero Beach, Florida 3296.0 Utilities Finance (Sc—.4�I� Dear Carolyn: Other rse. aAs'L`•• =^ J In follow-up to our telephone conversation this morning, I would very. much like to see the Board of County Commissioners take a stand with the Governor and the Legislature, -urging them to act decisively in the up -coming session on the matter of medical malpractice liability insurance. As I indicated to you on the telephone, members of the Board of Directors, the Medical Staff and Administration were reminded last week at a Joint Conference Committee Meeting that this problem continues to pose the potential in Indian River County of reaching the crisis proportion that it is in counties south of us. We are concerned that with policy renewals due on January 1st that many of our physicians will be severely impacted by this out of control situation. Our community has already lost a number of Obstetrician/Gynecologists and we stand to lose as well our only Neurosurgeon, Orthopedic Surgeons and other physicians in high risk practices if this.sitiiation is not remedied in an appropriate manner. Carolyn, it would be my hope that the Board of County Commissioners would make a resolution recognizing the precarious situation that exists in Indian River County and affirming to the Governor and Legislature that this problem demands statesmen -like attention imme- diately. We cannot continue to tinker with the existing system and focus blame. We need action. 'N Si cerely, Stephen L. Holmes Vice President Operations Commissioner Eggert introduced Stephen Holmes, Vice President of Operations at Indian River Memorial Hospital, who stressed the difficulties being experienced throughout the state, especially by the southern counties, concerning medical 64 n 61 malpractice liability. He felt we might get some action from the Legislature by communicating with Tallahassee in a united way, such as each county passing a resolution recognizing the precarious situation that exists in this state or writing a letter alerting the Governor and Legislature that this problem demands immediate attention. Otherwise, he felt this county_ might experience a high exodus of obstetricians/gynecologists, neurosurgeons and other surgeons in the near future. Commissioner Eggert understood that as of January ist, we are going to lose one or two of the insurance companies providing malpractice coverage, and Mr. Holmes confirmed that St. Paul, one of the major insurers, is pulling out. Commissioner Eggert did not have a problem with taking some action on this matter by asking the Chairman to write a letter to the Legislature. Commissioner Bird agreed -that it is a problem that we need to address, but felt we should wait until all the Board members are present before taking action. Vice Chairman Bowman felt that the Legislature is dragging their feet on this issue, and Commissioner Eggert stressed that the letter just would ask the Legislature to do something and do it soon. Commissioner Bird preferred to wait and hear the other side of the story, if there is another side of the story. Commissioner Eggert explained that the letter just would be asking the Legislature to please address this problem and study the issues because this problem is becoming more serious for Indian River County. Commissioner Bird felt he could agree to a letter if it was worded that way. 65 L- EP 2 2 1987 BOOK 69 PAGE 549 r SEP 2 2 1987 BooK PAGE 550 Bill Koolage, 815 26th Avenue, felt there is a tremendous problem in this state in connection with malpractice insurance reform. Some of the states have taken care of this by amending their laws and putting caps on awards. He reported that State Senator Deratany and State Representative Patchett indicated at a recent meeting that there wasn't anything they could do and sort of pooh-poohed the whole thing. Mr. Koolage encouraged the Board to take a very strong stand on this matter and ask our local legislators to push for reform. However, he warned that they will give you a song and dance because he and Steve Holmes have heard it from them. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0.) directed the County Attorney to draft a letter to the Legislature expressing the County's increasing concern and asking them to please take some action on the ever-increasing problem, and authorized the Chairman's signature. PROCEDURES FOR PLACING ITEMS ON THE AGENDA The Board reviewed the following memo dated 9/17/87: N. N. TO: Board of County Commissioners Attorney Division Heads Department iieads All Staff Personnel -_ FROM: Don C. Scurlock, Jr. Chairman and . Charles P. Balczun, Administrator C RE: PROCEDURES FOR PLACING ITEMS ON THE AGENDA Date: September 17, 1987 Individual Commissioners, as well as the County Administrator, have mentioned that substantial problems arise when items are placed on the Commission agenda without being properly staffed. In order for everyone to be prepared to deal with this, the following procedure will be followed: 1. All requests to be on an agenda must be in writing and routed through the County Administrator. This includes requests from the public, members of the County staff, and members of the County Commission. Sufficient time for staffing must be allowed before the item can be placed on an agenda. 2. Items added to the agenda under "County Commissioners Items" will be for information purposes only. Any item a Commissioner wishes placed on the agenda that requires Board action must be routed through the Administrator and be properly staffed before being placed on an agenda. 3. Emergency items will be added only if a true emergency exists. A written explanation explaining the extent of the emergency must accompany each emergency item. All non -emergency items will be placed on the next scheduled agenda. 4. Agenda items are to be in the Commission Office before 1:00 P.M. on the Wednesday preceding the Commission meeting. Pre -agenda meetings will be held at 9:30 A.M. Monday in the First Floor Conference room and either Alice or Liz will attend. Commissioner Eggert wished to discuss this matter because she felt that the proposed procedures were too broad. She agreed that there are things that need to be staffed before coming before the Board and had no problem with that. However, she did not believe elected officials should ever be at the mercy of the staff, and when there is no timeframe for getting an item staffed, and when it says that everything has to be staffed, she has a real problem with that. She felt there were some matters that the Commissioners could place on the Agenda without having it staffed beforehand, such as the malpractice problem just discussed, or conceptual approval on projects such as the 67 L SEP 2 2 1937 BOOK. 69 FACE 551 - J SEP 2 2 1987 - soa 69 Face 552 Fellsmere Library. Commissioner Eggert also felt that sometimes we should discuss having an ordinance on a subject before going - any further in assigning staff time, when in fact, there is not any support for it. Commissioner Eggert stressed that she believes that a County Commissioner always should have the ability as an elected official to put something on the Agenda, but under Items T and 2 in the memo, nothing comes onto the Agenda without the approval of the Office of the County Administrator, and she disagrees with that. Administrator Balczun stated that staff regulates itself just like the Board regulates itself. He did not feel that items that involve a substantial appropriation of public funds should be placed on the Agenda without being properly staffed beforehand, such as the pistol range, etc., and Commissioner Eggert agreed. Commissioner Bird asked if Administrator Balczun got to look at the Agenda before it is put into final form, and Liz Forlani, Administrative Assistant to the Board of County Commissioners, explained that there is no draft copy, just a final copy. All the items that go on the Agenda, other than Commissioners' items, are routed through the Administrator, who signs off on them and puts a date as to what Agenda it would be on; so, by rights, he has seen it and approved it for the Agenda. Mrs. Forlani noted that there are things that are placed on the Agenda through Commissioners, such as this item today about the Sheriff's request to use the old stump dump for a pistol range. This was placed on the Agenda by Chairman Scurlock, but at the time it was put on the Agenda, a copy was sent to the Administrator and to Director Keating in Planning. - - Attorney Vitunac felt that staff should have control of the staff's agenda, and nothing should go under Consent, Administrator or Attorney without that person's signature saying it is available. Commissioners should have the right to put their own matters on, but it is up to the Commission to ask if it 68, A has been staffed, and if it has not, ask that it be brought back next week. Attorney Vitunac pointed out that the Commission also votes on whether emergency items should be added to the Agenda. Mrs. Forlani noted that the constitutional officers request quite a number of items to be placed on the Agenda throughout the year. Commissioner Bird suggested bringing this back sometime in October when we have a full Board present, because he really felt the Board should police themselves. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (3-0) tabled further discussion of this item until the meeting of October 13th. SOUTH & NORTH COUNTY FIRE DISTRICT MEETINGS The Vice Chairman announced that immediately upon adjournment, the Board would reconvene acting as the District Board'of Fire Commissioners of the South and North Indian River County Fire Districts. Those Minutes are being prepared separately. There being no further business, the Board on Motion duly made, seconded and carried, the Board adjourned at 11:05 o'clock A.M. ATTEST: Clerk �2S 22 1987 - Chairman 69 BOOK 69 PAGF553 '