HomeMy WebLinkAbout12/22/1987Tuesday, December 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,
December 22, 1987, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman;
Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also
present were Charles P. Balczun, County Administrator; -Charles P.
Vitunac, Attorney to the Board of County Commissioners; Joseph
Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order and led the Pledge
of Allegiance to the Flag.
ADDITION TO THE AGENDA/EMERGENCY_ ITEMS
Chairman Scurlock requested the addition of an item regard-
ing acceptance of a treatment plant from Westport Utilities - a
wastewater treatment plant in John's Island.
County Attorney Vitunac asked that a discussion of the
Legislative Delegation package be added under his matters and
also a discussion by our Jail architect, who will be here later
in the morning.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously added the
above described matters to the agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of November 24,
1987.
DEC 22 1987 ROOK 70 F cE .381
DEC 2 2 1997 BOOK 70
Commissioner Wheeler wished to correct the wording on Page
37 from "Commissioner Wheeler stated that he had a concern and
was tempted to pull the item, and......" to state that
"Commissioner Wheeler stated that he had a concern and was going
to pull the item in the beginning but neglected to do so,
and....... ►►
Commissioner Bowman asked that on Page 1, under ADDITIONS TO
THE AGENDA, the Minutes be corrected to read that Commissioner
Eggert requested an addition re Emergency Medical Services rather
than Commissioner Bowman.
Commissioner Eggert advised that the wording in the middle
of Page 46 was incorrect as she was not confused about the
alignment of the Boulevard, she just did not see why the subject
was brought up once again. She asked that the wording be
corrected to read "Commissioner Eggert asked why, since we have
discussed different alignments and DER found this the best one,
we now open the subject, and the Chairman........"
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously approved the Minutes
of the Regular Meeting of November 24, 1987, as corrected.
CONSENT AGENDA
Commissioner Eggert requested that Item J be removed for
discussion; Commissioner Bird asked that Item K be removed; and
Commissioner Bowman asked that Items L and N be removed.
A. Reappointments to Tourist Development Council
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Wheeler, the Board unanimously approved the
reappointment of Hoyt Howard, Sam Pascal, Paul Kelley,
and Richard Bireley, Jr., to the Tourist Development
Council.
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B. Declare Asset "Surplus Property" (Vehicle)
The Board reviewed memo from the OMB Director:
TO: Board of County Commissioners DATE: December 15, 1987 FILE:
SUBJECT: DECLARE ASSET
"SURPLUS PROPERTY"
FROM: Joseph A. Baird, Di rector REFERENCES.
Management & Budget
DESCRIPTION OF CONDITIONS
Staff would like to declare the following vehicle as surplus property:
Vehicle 1978 Dodge
Vehicle # 134
Asset # 3244
The vehicle was assigned to the Code Enforcement Division.
ALTERNATIVES
The 1978 Dodge has 54,826 miles on it. The vehicle is in need of mechanical
work and the body is deteriorated. Staff feels the automobile is not worth
repairing because of -its age and estimated useful life.
RECOMMENDATION
Vehicle be "declared surplus" and advertised for sale to the highest
bidder.
ON MOTION by Commissioner Eggert, SECONDED by Com
missioner Wheeler, the Board unanimously declared
the above described vehicle surplus and authorized
staff to advertise it for sale.
C. Utilities Office_Remodeling_Project
The Board reviewed memo from the Assistant Administrator:
CEC 2
21997 3 Roos `7® uGF383
r
DEC 2 2 1987 BooK 70 Face 3�
TO: Board of County Commissioners DATE: December 16, 1987 FILE:
SUBJECT:
FROM: Perry Mattes REFERENCES:
Ass't. County Administrator
UTILITIES OFFICE
REMODELING PROJECT
It. is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular meeting
of December 22, 1987.
DESCRIPTIONS AND CONDITIONS
The desire to expedite the utilities office remodeling project has been
strongly expressed by all parties concerned with it. There have been
delays in receiving completed architectural drawings which have prevented
progress beyond partial demolition. A staff person will work with the
architect to effect communication and expedite matters.
Staff has been assigned as project manager and the lines of communication
between the involved departments has been established.
RECOMMENDATION
Staff concurs with Chairman Scurlock's recommendation that upon receipt
from the architect of sufficient and adequate plans the project should be
let for bid to private, local, construction firms.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
the recommendation to let the Utilities Office Re-
modeling project for bid to private, local construc-
tion firms upon receipt of adequate plans from the
architect.
q
D. Appointment to Gifford Housing Improvement Committee
The Board reviewed memo from the Housing Authority Director:
T
TO: Board of County
Commissioners
DATE: December 16, 1987
s),
7
SUBJECT: Gifford Housing Improvement
Committee
FROM: Guy L. Decker, Jr J]6'E�
Executive Director
I.R.C. Housing Authority
Commissioner Martin E. Wall, representing the Indian River
County Housing Authority, has consented to serve on the Gifford
Housing Improvement Committee.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously appointed
Martin E. Wall to serve on the Gifford Housing
Improvement Committee in the place of Daphne Strickland.
E. Budget Transfer - Asst_ Administrator Car Allowance
The Board reviewed memo from Administrator Balczun:
TO: Board of County Commissioners DATE: December 18, 1987 FILE: _
SUBJECT: TRANSFER -
AUTO ALLOWANCE
FROM: Charles P. Bal czun REFERENCES:
County Administrator
The Board of County Commissioners is requested to authorize a transfer to
underwrite Mr. Mattes' auto allowance through the end of the current fiscal
yea r.
The position of Assistant County Administrator replaced the position of
Intergovernmental Relations Coordinator in the County Administrator's
budget. However, the Intergovernmental Relations Coordinator's auto
allowance, unlike his salary, was budgeted in the Parks Department account.
BOOK 0 P.� - •.D�5
5
DEC 221987 J
BOOK 70 F' a 386
Since Mr. Thomas retired, his allowance was eliminated in the Parks
Department account, and while his salary was continued in the
Administrator's budget, the auto allowance amount was not 't ransferred'
from the Parks to the Administrator's budget.
Therefore, funds are requested to be transferred for this purpose.
Relevant account data is being furnished by Mr. Baird.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
the following budget amendment, No. 011.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird - OMB Director
THROUGH:
SUBJECT: BUDGET AMENDMENT
TRANSFER -AUTO
ALLOWANCE
NUMBER: 011
DATE: December 21, 1987
Ent Rmber Rand/De nt/Account Name Account Number
1. Reserve for Contingency 001-199-581-099.91
Administrator
GF/Operations Vehicle Allow. 001-201-513-034.01
Increase
0
2,200
Decrease
2,200
0
F. Final
Assessment Roll
- Glendale Lakes (48th Ave.
Water Sys.)
The
Board reviewed
memo from Utilities Director
Pinto:
6
TO: BOARD OF COUNTY CWSRVICES
NERS
THRU: TERRANCE G. PINT
DIRECTOR OF UTIL
FROM: JOHN F. LANG
ENVIRONMENTAL PECIALIST
DEPARTMENT OF UTILITY SERVICES
DATE: DECEMBER 8, 1987
SUBJECT: GLENDALE LAKES SUBDIVISION
48TH AVENUE WATER SYSTEM IMPROVEMENTS
PROJECT NO. UW86-09-DS
BACKGROUND
GLENDALE LAKES SUBDIVISION, 48TH AVENUE WATER SYSTEM IMPROVEMENTS, is
ready for the Final Assessment Roll.
ANALYSIS
The Preliminary Assessment Roll was for $39,270.06. The tot4
project cost is $46,799.30. There is $7,529.24 which will be paid fo
from Impact Fees.
The lines have been sized to service both fire flow and domestic use
for the Subdivision and connecting parcels.
RECOMMENDATION
We recommend using the Preliminary Assessment Roll as the Final
Assessment Roll and authorize placing the assessment liens on the
benefitting properties. The assessments will be recorded in the
Recording Office of the Clerk of the Circuit Court.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously adopted
Resolution 87-149 approving the Preliminary Assess-
ment Roll for the water improvements to 48th Avenue
in Glendale Lakes Subdivision as the Final Assessment
Roll and authorized the placing of the assessment liens
on the benefitting properties, said assessments to be
recorded in the Recording Office of the Clerk of the
Court.
RESOLUTION 87-149 WITH ATTACHED ASSESSMENT ROLL IS ON FILE IN
THE OFFICE OF CLERK TO THE BOARD.
DEC 2 21 7 7 moK 70 F -nuc - 387
E 2 2 1987 Boa 70 rxUE 3188
G. Final Assessment Roll - River Shores Ests. (Water Imps.)
The Board reviewed memo from Utilities Director Pinto:
TO: BOARD OF COUNTYCOMMI ONERS
THRU: TERRANCE G. PINT J
DIRECTOR OF UTILIT�d RVICES
FROM: JOHN F. LANLt
ENVIRONMENTAL SPECIALIST
DEPARTMENT OF UTILITY SERVICES
DATE: DECEMBER 8, 1987
SUBJECT: RIVER SHORES ESTATES SUBDIVISION
WATER IMPROVEMENTS - PROJECT NO. UW86-14-DS
BACKGROUND
RIVER SHORES ESTATES SUBDIVISION has been completed and is ready for
the Final Assessment Roll.
ANALYSIS
The Preliminary Assessment Roll was for $162,868.75. The total
project cost is $194,620.90. There is $31,752.15 which will be paid
for from Impact Fees.
The lines have been sized to service both fire flow and domestic use
for the Subdivision and connecting parcels.
RECOMMENDATION
We recommend using the Preliminary Assessment Roll as the Final
Assessment Roll and authorize placing the assessment liens on the
benefitting properties. The assessments will be recorded in the
Recording Office of the Clerk of the Circuit Court.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously adopted
Resolution 87-150 approving the Preliminary Assess-
ment Roll for the water improvements in River Shores
Estates Subdivision as the Final Assessment Roll and
authorized the placing of the assessment liens on the
benefitting properties, said assessments to be recorded
in the Recording Office of the Clerk of the Court.
RESOLUTION 87-150 WITH ATTACHED ASSESSMENT ROLL IS ON FILE IN
THE OFFICE OF CLERK TO THE BOARD.
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H. Release of Easement - Vero Beach_Homesites _(Marie _Schuyler)
The Board reviewed memo of Code Enforcement Officer Heath:
TO: The Honorable Members of DATE: December 1, 1987 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT.
REQUEST BY MARIE G.
SCHUYLER; LOTS 10 & 11,
SUBJECT: BLOCK C, VERO
Robert M. Ke tin , A.I.C.P. BEACH HOMESITES, UNIT
Community Developfaent Director NUMBER ONE -"A"
THROUGH: Roland M. DeBlois-WIP
Staff Planner
FROM: Charles W. Heath REFERENCES: SCHUYLER .MEMO
Code Enforcement Officer ----------------- aI-SK-. REMS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of December 22, 1987.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Marie G. Schuyler, owner of the
subject property, for release of the five (5) foot utility and
drainage easements of Lots 10 and 11, being the westerly five (5)
feet of Lots 10 and 11 Block C, Vero Beach Homesites Unit One -"A",
Section 15, Township 33, Range 39 East, Indian River County,
Florida; according to the Plat thereof as recorded in the Official
Record Book 124 Page 349. It is Mrs. Schuyler's intention to
construct an addition to her single-family residence located on
Lot 12, Block C, Vero Beach Homesites Subdivision Unit One -"A".
The current zoning classification is RS -6, Single -Family
Residential District. The land use designation ,is LD -2, Low
Density Residential, up to six (6) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone, Florida
Power and Light Company, Florida Cablevision Corporation, and the
Indian River County Utility and Right -of -Way Departments. Based
upon their review, there were no objections to the release of the
five (5) foot utility and drainage easements. The zoning staff
analysis showed that •the drainage would be adequately handled on
the site.
RECOMMENDATION:
Staff recommends to the Board, through the adoption of a
resolution, the release of the westerly five (5) foot utility and
drainage easements of Lots 10 and 11, Block C, Vero Beach
Homesites Subdivision, Unit One -"A", as recorded in Plat Book 3
Page *36, of the Public Records of Indian River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Wheeler, the Board unanimously adopted Resolution
87-151 abandoning certain easements in Vero Beach Home -
sites Subdivision as requested by Marie Schuyler.
L_ DEC 2 2 1987 9 BOOK 70 D E-3-89
DEG 2Z 1981
ROOK 70 D C E 390
RESOLUTION NO. 87-151
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, ABANDONING CERTAIN
EASEMENTS IN THE VERO BEACH
HOMESITES SUBDIVISION, UNIT
ONE -"A", BLOCK C, LOTS 10 AND 11
WHEREAS, Indian River County has easements as
described below, and
WHEREAS, the retention of those easements serves
no public purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida that:'
This release of easement is executed by Indian
River County, Florida, a political subdivision of the State
of Florida, whose mailing address"is 1840 25th Street, Vero
Beach, Florida 32960, Grantor, to Marie G. Schuyler ,
whose mailing address is 2746 First Street
Vero Beach, FL 32962
Grantee, as follows:
Indian River County does hereby abandon all right,
title, and interest that it may have in the following
described easements:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
THIS RESOLUTION was moved for adoption by Commis-
sioner Eggert , seconded by Commissioner
Wheeler and adopted on the 22nd day of
December , 1987, by the following vote:
Commissioner Scurlock Aye
Commissioner
Bowman
Aye
Commissioner
Bird
Aye
Commissioner
Eggert
Aye
Commissioner
Wheeler
Aye
10
_I
r � �
The Chairman thereupon declared the resolution
duly passed and adopted this 22nd day of December ,
1987.
BOARD OF COUNTY COMMISSIONERS
- -- OF INDIAN RIVER COUNTY,
FLORIDA
By i
\L- C_ �,Z.09
Don Scu lock, J.
Chairman
EXHIBIT "A"
The westerly five (5) feet of Lots 10 and 11, Block C, Vero Beach
Homesites Unit One -"A", as recorded in Plat Book 3, Page 36 of the
Official Records of Indian River County, Florida.
I. Sheriff's Administrator Bldg. - Custodial Service
The Board reviewed memo of Superintendent Lynn Williams:
TO: Board of County Commissioners DATE:December 14, 1987 FILE:
THRU : Charles P. Bal czuL_1�
County Admin.
THRU: Perry Mattes SUBJECT:
Asst. Co. Admin.
FROM: LYnn Williams, Superi ntender EFERENCES:
.Bldgs. & Grounds
DESCRIPTIONS AND CONDITIONS:
SHERIFF'S ADMIN. BLDG. -
CUSTODIAL SERVICE
Staff requested proposals for full service custodial work at the new She-
riff's Administration Building from the two companies presently providing
similar service to the County. Coast to Coast Janitor Service and R & R
Services were asked to submit proposals to expand existing contracts to
include the Sheriff's building. Both firms were provided a physical walk-
through of the facility and a discussion with the Sheriff's Department and
this writer concerning the requirements of the building.
There are. several areas of the building which will require cleaning on a
seven day per week basis (approximately 5,250 sq. ft.). The remainder of
the building (approximately 27,000 sq. ft.) will be cleaned 5 days per week
during the daytime hours only.
ALTERNATIVES AND ANALYSIS
Bids were as follows:
Coast to Coast $38,151.12
R & R Services $31,052.00
Total Annual Cost
Total Annual Cost
> > BOOK
0 E C 2 2 1987
BOOK 70 F`vr •112
The total impact for fiscal year 87-88%will be $23,852 for the low bidder
R & R Services. This item was omitted in the 87-88 Buildings and Grounds
budget due to confusion as to which department would accept.responsibility.
It was unclear to this writer until after the budgets were finalized that
there would be a shortage in the Contracted Services line account within
the Buildings and Grounds budget.
RECOMMENDATION
Staff recommends award of contract for custodial services at the Sheriff's
Administration Building to R & R Services, the low bidder and requests
funding from the Board of County Commission Contingencies in the amount of
$23,852. --, � J• -• 177 1
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously awarded
the contract for custodial services at the Sheriff's
Administration Building to the low bidder, R 8 R
Services, and authorized funding from the Board
Contingencies in the amount of $23,852.
J. Sheriff's Administration Building - Substantial Completion
The Board reviewed memo from Owner's Representative "Sonny"
Dean.
TO: BOARD OF COUNTY COMMISSIONERS
VIA: CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
FROM: H. T. DEAN
OWNER'S A R ZED REPRESENTATIVE
SUBJECT: SHERIFF'S ADMINISTRATION BUILDING
SUBSTANTIAL COMPLETION
DATE: DECEMBER 11, 1987
On December 7, 1987, the architect for the subject project issued a
Certificate of Substantial Completion as provided for in the contract
documents. This writer inspected the facility and found it to be
substantially complete as defined in the contract documents.
This certification in no way relieves the architect or contractor from
satisfying the punch list or warranty items. The retainage will be
intact until Board action, is taken, to specifically release the funds.
This certificate does not include the 911 Communication Center.
The primary need for the Certificate of Substantial Completion is to
begin the manufacturers' and.sub-contractors' warranties and to obtain
a Certificate of Occupancy for the sheriff to move in.
Staff recommends Board approval and authorization to execute the
Certificate of Substantial Completion.
12
Commissioner Eggert noted that they have the punch list
which is very detailed and then came down to very general things
and said these would be added to the punch list. One of the
things she has been after is the landscaping. Her question was
do we have a list of negatives that says what is actually wrong
with these things that are not within the punch list.
Owner's Representative Dean confirmed that we do and advised
that substantial completion by definition of the contract simply
means the building can be occupied and used as it was designed.
There are some items on the outside, such as landscaping, the
gutters, etc., that are being addressed. They did have a
conference with the architect yesterday, and these items are
mostly completed; there are still some to be completed on the
landscaping.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler to approve execution of the
Certificate of Substantial Completion.
Commissioner Wheeler understood there was some problem with
noise in air conditioning in the 911 room, and he wished to know
if that has been corrected.
Mr. Dean confirmed that has been corrected, but explained
that this substantial completion does not address the 911 room at
all; that will be coming before the Board later on.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
COPY OF CERTIFICATE W/ATTACHMENTS ON FILE IN OFFICE OF CLERK TO
THE BOARD.
DEC 2 2 1997 13 ROOK 70 F-nE.393
L-
BOOK 70 `394
K. Change Order #1__ Misc. Intersection_ Imps. (Oslo at_U_S.I)
The Board reviewed memo of Public Works Director Davis:
TO: The Honorable Members of the DATE: December 14, 1987
FILE:
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
SUBJECT: Change Order #1 -
Miscellaneous Intersection
Improvements - Oslo Road at
US 1
FROM James W. Davis, P.E., 09
REFERENCES: Charles C. Gouge, Lloyd
Public Works Director & Assoc., to James W.
Davis dammed 32-33-87
DESCRIPTION AND CONDITION
The Florida DOT has notified the County that additional resurfacing of US 1
is required for the US 1/Oslo Road intersection project. Signalization and
road widening at this location was approved by the Board last year.
The additional cost to the County's $237,926.75 contract with Dennis L.
Smith, Inc. is $13,438.50. A 14 -day contract time extension is also being
requested. The contract was executed on Sept. 9, 1987.
ALTERN a= AND ANALYSIS
Since the work is a condition of the DOT right-of-way permit, staff has no
alternative than to recommend approval. The DOT is programming the
resurfacing of US 1 in this area in 1988. Telephone conversations with DOT
personnel have not resulted in the DOT rescinding the requirement for
resurfacing.
RECCKVMDATION AND FUNDING
It is recommended that Change Order No. 1 be approved. Funding to be from
fund 109, Local Option Gas Tax Revenue.
Commissioner Bird wished to know where we draw the line
between what is our responsibility on U.S.I and what is the
D.O.T.'s.
Public Works Director Davis advised that when we applied for
the construction permit to do the work on the U.S.I RIW, we did
not anticipate this resurfacing being required. The reason it is
required is due to the removal of some striping on the portion of
U.S.I that transitions into the intersection. The DOT is sched-
uled to resurface the entire section of U.S.I from the south
county line up to 10th Street in the coming year, and we
14
contacted them about this, but we are still required to do it.
It was necessary to make a decision on this very quickly because
the asphalt contractor was beginning to mobilize last week, and
the work has already been done.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
missioner Bowman, the Board unanimously approved
Change Order No. 1, Roadway Improvements at Oslo Road
& U.S.I, (Dennis L. Smith, Inc.) as recommended by staff.
CHANGE ORDER
No. 1
Dated December 11, 1987
Owner's Project No. 8532 Engineer's Project No. 86-584
Project Misc. Intersections -Roadway & Utility Improvements
Owner Indian River County
Contractor Dennis L. Smith, Inc. Contract Date 9/9/87
Roadway Improvements at Oslo Road & U.S. 1, 8th Street
Contract For
and 27th Avenue, 4th Street & Old Dixie. '
(This Change Order on Oslo Road Portion) NET INCREASE -
Nature of the Change: OR DECREASE
Add Item 102-1 Maintenance of Traffic L. -S. + $ 1,250.00
Increase Item 210-2 Limerock.Base 10"'Primed
From
410 S.Y. at $12.60/S•
$5,166.00
to
445 S.Y. at $12.60/SY
..$5,607.00
+ $
441.00
Increase Item
331 Asphaltic Concrete
Type
S-1
From
225 Tons at $42.50/Ton
$
9,562.50
to
392 Tons at $42.50/Ton
$16,660.00
+ $
7,097.50
Decrease Item
425-1-531 Inlet, Type
C Modified
From
3 Ea at $1200.00 Ea
$
3,600.00
to
1 Ea at $1200.00 Ea
$
1,200.00
- $
2,400.00
Add Item 520-5
Concrete Bullnoses 2
Ea $
350.00
+ $
700.00
Delete Item 711 -7 -Remove Exist. Pavement Markings
861 S.F. at $ 1.51/SF, - $ 1,300.11
7,dd Item 337-2 Asph. Concrete Friction Course (FC -2:.5/811)
150 Tons at $ 51:.00/Ton + $ 7,650.00
DEC 2 21987 15 NET INCRVASE : �® �, u J it�]53 8.5 0
BOOK 70 Fn -I
,-196
he changes result in the following adjustment of Contract Price r ct r and Time.
Contract Price Prior to this Change Order
$ 237,926.75
Net (Increase) - resulting from this Change Order $ 13,438.50
Current Price Including This Change Order
$ 251,365.25
Contract Time Prior to this Change Order 45 Calendar Days.
Net (Increase) (�Z) resulting from this
Change Order 14 ^-Calendar Days
Current Contract time including this Change
Order, 59 Calendar Days
-=The above changes are approved,.:, LLOYD & ASSOCIAT S INC.
En ine
By:
Date:
The above changes are accepted; 9 5 C.-. x T H ;J c-,
Contractor
ACCEPTED BY:
INDIAN RIVER COUNTY
/ v
Date: /z Z —17
L. Wabasso Causeway Reiief Bridge Dredging
The Board reviewed memo of County Engineer Brescia:
16
TO: THE HONORABLE MEMBERS OF DATE: December 14,19 8f lLE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Administrator SUBJECT:. BridgeoCauseway Relief
Dredging
Consent Agenda
T�
James W. Davis, P.E.
Public Works Director
FROM:
alph N. Brescia, P.E. REFERENCES:
County Engineer
BACKGROUND
In order to improve current flow and flushing action under the
Wabasso Bridge, dredging operations are required under the relief
bridges. After submission of detailed applications over a period of one
year to DNR, DER, and the Corps of Engineers, permission was obtained
from these agencies to have this work conducted under the west relief
bridge.
Bid documents were prepared by the engineering staff, appropriate
legal advertisements were placed and pre-bid conferences were held.
Bids were received on December 9, 1987 as follows:
Aztec Development Corp. $84,000.00
BK Marine Construction $69,320.00
Dickerman Overseas Contracting $62,504.00
It is noted that $40,000.00 has been budgeted under the Road &
Bridge Dept. capital fund #111-214-541-66-31.
RECOMMENDATION AND FUNDING
The Parks and Recreation Committee considered this item December_10,
1987 and recommended. that the dredging not be performed and that the
$40,000.00 be used for park and access improvements.
It is staffs recommendation that the low bid of $62,504.00 be
rejected and the work not be performed at this time. It is suggested
however that at some future date this project be rebid.
Commissioner Bowman felt there is a biological problem in-
volved there and suggested that it should be referred to the
U.S. Game & Fresh Water Fish Commission and U.S. Fish & Wildlife.
She believed when the fish migrate, they get to that barrier and
do a "U" turn. In addition, stagnant water causes a very smelly
situation. She wondered if there aren't other sources of funding
that we should look into, and also would like to know who is
doing the on-going dredging at'the Sebastian Inlet. She realized
Boa 70 Fit1it 97
DEC 2 2 1987
ROCK 70 P",U- 398, .,
that moving dredging equipment is very expensive, but wished to
know if those dredging at the Inlet bid on this.
County Engineer Ralph Brescia advised that they did bid and
came in second.
MOTION WAS MADE -by Commissioner Bowman, SECONDED by
Commissioner Eggert to reject the bids as recommended
by staff; to direct staff to work with the U.S.Game 8
Fresh Water Fish Commission and U.S. Fish S Wildlife
and investigate other'sources of funding, and to carry
the money forward.
Commissioner Bird pointed out that part of the recommenda-
tion was that the $40,000 be used for park and access
improvements to the causeway itself. Parks 8 Recreation has
quite a detailed plan of how to get traffic on and off the
causeway and put in various improvements, and they would like to
see the money, at least for this year, used to handle the traffic
situation and the dredging rebudgeted next year.
Commissioner Bowman felt the money should be carried forward
for the purpose for which it was intended originally and that
Parks and Recreation should look elsewhere for funds.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4 to 1 with
Commissioner Bird voting in opposition.
M. Routine Release of County Liens
The Board reviewed memo of the County Attorney:
18
TO: Boar of Co ty Commissioners
FROM: Char unty Attorney
DATE: December 14, 1987
RE: CONSENT AGENDA - BCC MEETING 12/22/87
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-VERO BEACH ASSOC.
Lot 73 of COUNTRYSIDE SOUTH
(2) Partial Release of Lien - Map #41
State Road 60 Sewers/Release 1 ERU
Paid by REALCOR-VERO BEACH ASSOC.
Lot 75 of COUNTRYSIDE SOUTH
(1) Partial Release of Lien - Map #41
State Road 60 Sewers/Release 1 ERU
Paid by REALCOR-VERO BEACH ASSOC.
Lot 46s of COUNTRYSIDE SOUTH
The back-up information for the above is on file in the
County Attorney's Office.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Wheeler, the Board unanimously approved the
Partial Release of Liens listed above.
COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO
THE BOARD.
N. Assignment—of Contract for Construction of Required Road Imps_
The Board reviewed memo of Asst..County Attorney Collins:
C W871 9 a00K. 70 FAGt 3' 99
FF -
DEQ 70 PnF 400
TO: e The Board of County Commissioners
FROM:v�� William C. Collins II
Assistant County Attorney
DATE: December 15, 1987
SUBJECT: Assignment of Contract for Construction of
Required Road Improvements
In November, 1984, the Board of County Commissioners entered
into a contract with North Beach Associates, Ltd. whereby
the Board agreed to and did adopt Resolution 84-34
(attached) abandoning a 35-foot.right.-of-way located on the
west side of S.R. A1A, 3/4 mile north of C.R. 510, and
terminating at the east right-of-way line of Jungle Trail..
In return, North Beach Associates, Ltd. agreed to convey to
the County for right-of-way purposes a 60 -foot right-of-way
(as depicted on the attached deed and survey) and to
construct a paved 24 -foot wide public road in accordance
with County road construction standards. The contract was
secured by a $50,000.00 performance bond. North Beach
Associates, Ltd. sold the property and assigned its rights
and obligations under the contract with the County to The
Broadview Savings and Loan Company, with the approval of
Indian River County (Assignment attached).
On April 22, 1987, the Board of County Commissioners
approved Broadview's request for an extension of time to
complete the road improvements required under the contract
on or before May 23, 1990 (Amendment to Contract attached).
Broadview has entered into a contract for sale of the
subject property to the Richard Roberts Co., Inc. and in
conjunction with the sale, the Buyer and Seller hereby
request that the Board of County Commissioners of Indian
River County:
1. Approve assignment of the contract as amended from
Broadview to the Richard Roberts Co., Inc. (Assignment
attached).
2. Accept a performance bond or an irrevocable standby
letter of credit approved in form by the County Attorney's
Office from the Richard Roberts Co., Inc. in lieu of the
irrevocable standby letter of credit currently held to
secure performance by Broadview.
3. Upon acceptance of the Richard Roberts Co., Inc.
performance security in the form of a performance bond or a
letter of credit, release the letter of credit submitted by
Broadview.
It is recommended that, subject to receipt of a performance
bond or an acceptable letter of credit posted by the Richard
Roberts Co., Inc., the Board of County Commissioners approve
the assignment of contract to the Richard Roberts Co., Inc.
and release the Broadview Savings and Loan Company letter of
credit currently held by the County.
20
County Attorney Vitunac informed the Board that since this
memo was put on the agenda, there was a sale and the names have
changed. It is now Broadview Savings Bank, and Richard Roberts
Company has changed to a partnership called Orchid Island
Associates Limited Partnership.
Commissioner Bowman asked if it is possible to increase the
amount of the bond.
Attorney Vitunac noted that this was their required action a
long time ago, and they are just transferring those requirements.
Commissioner Bowman pointed out that this was based on 1984
costs, and she doubted the amount would cover the paving costs in
1990.
Attorney Vitunac did feel we could take this back and ask
them to up the bond.
ON MOTION by Commissioner Bowman, SECONDED by Commis -
Wheeler, the Board unanimously authorized the Chairman
to execute the assignment, etc., contingent on negotia-
tions re escalating the bond.
SAID ASSIGNMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
0. Request to Purchase Radio _Equip. _(IRC Vol. Ambulance Squad)
The Board reviewed memo of Emergency Management Director
Wright:
DEC 22 1987 21 BOOK. 70 r JL 401
BOOK 70 P+;r 402
TO: Indian River County DATE. December 12, 1987 FILE:
Board of County Commissioners
SUBJECT: Request from Indian River County
Volunteer Ambulance Squad to
Purchase Radio Equipment
FROM: Doug Wright REFERENCES: IRCVAS letter dated 11/18/87
Emergency Management Services received by EMS on 12/7/87
DESCRIPTION AND CONDITIONS
The Indian River County Volunteer Ambulance Squad wrote to the
Board of County Commissioners on November 16, 1987, advising that
_ an older module unit had been converted and refurbished replacing
the gasoline chasis with a 1987 diesel type chasis.
A bid was awarded on November 16, 1987 by the squad purchasing a
1988 Ford E-350XL van which will be converted to an ambulance upon
delivery. The replaced unit will be down graded from an emergency
vehicle to a post hospital transport unit to permit the squad to
generate additional revenue. Since the planned post-hospital trans-
port unit is already equiped with radio equipment, the purchase of
new radio equipment for the new ambulance is being requested in the
amount of $1,525.55 which includes installation and accessories.
ALTERNATIVES AND ANALYSIS
Excess radio equipment for the medical channels does not exist.
The requested equipment is reasonable in view of the fact the board
has provided similar equipment to other EMS volunteer entities.
RECOMMEDATION
Staff recommends that the Board of County Commissioners approve the
purchase of EMS radio equipment including antennas and installation
for a total price of $1,525.55. The radio equipment is priced in
the GSA catalog under contract #G500K87AGS0618 and can be delivered
in approximately six weeks.
ON MOTION by Commissioner Eggert, SECONDED by Commis -
Wheeler, the Board unanimously approved the purchase of
EMS radio equipment as described above for a total price
of $1,525.55.
22
COMMUNICATIONS INTERNATIONAL, INC.
P. O. BOX 6570, VERO BEACH, FLORIDA 32961-6670
VERO BEACH MELBOURNE
569-5355 984-2500
I.R.C. Volunteer Ambulance Squad
1729 17th Avenue
Vero Beach..F1 - 32960
ATTN: Matt
PHONE: 567-3153
DATE: 11-13-87
iEM
QTY.
MODEL a
EQUIPMENT DESCRIPTION
UNIT
PRICE
TOTAL
PRICE
•
1
N5A06
VHF 16 channel mobile radio
551.65
551.65-
BA AN E
PRESENTED BY:
Robert
Wm. Stork, General Mana er
�L
G
TITLE: Don C.
Scurlock, Jr., C&
irman
12-22-87
DATE:
---- Cats
Ref • GSA cqntyaci # GSOOK87AGS0618'
6 week delivery on contract.
Prices good for 45 days,
c "
FRMS:
PnceS t,t :'ffect for
�9 7
EQUIPMENT PRICE
1147.55
SALES TAX
EXEMPT
•
TOTAL PRICE
1147.55
DEPOSIT
BA AN E
PRESENTED BY:
Robert
Wm. Stork, General Mana er
�L
ACCEPTED BY:
TITLE: Don C.
Scurlock, Jr., C&
irman
12-22-87
DATE:
---- Cats
23 Boor 1 o F:,GE` a3
L
Imm
Bou 70 .404
COMMUNICATIONS INTERNATIONAL, INC.
P. O. BOX 6670, VERO BEACH, FLORIDA 32961-6670
VERO BEACH MELBOURNE
569-5355 984-2500
I.R.C. Volunteer Ambulance Squad
1729 17th Avenue
Vero Beach, F1 32960
ATTN: _
PHONE:
DATE:
Matt
567-3153
11-13-87
TEM
QTY.
MODEL a
EQUIPMENT DESCRIPTION
UNIT
PRICE
TOTAL
PRICE
1
1
Vendor
rear microphone UHF
58.00
58.00
2
1
Vendor
rear speaker UHF
54.00
54.00
0
s
TERMS:
Paces in effect for
24
EQUIPMENT PRICE
SALES TAX EXEMPT
• TOTAL PRICE 378.00
DEPOSIT
AN
PRESENTED BY:
Robert Wm. Stork General Mana er
ACCEPTED BY: 1 0.. C—
TITLE:Don C. Scurlock, Jr. , C rman
DATE: 12-22-87
days -t(k)
PUBLIC HEARING - ORDINANCE (CERTIFICATES OF PUBLIC CONVENIENCE &
NECESSITY FOR ALS)
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
— i
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of ? / . 1447
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. %1
'
Sworn to and subscribed before rize this 7 day of6!D. 19 Q'
0911
1 I(111Aess Manager)
t
(Clerk of the Circuit Court, Indian River Gaunty, Florida)
(SEAL) "
PUBLIC NOTICE ' ' I .
The Board of County Commissioners of Indian
River County, Florida, will conduct a Public
Nearing on Tuesday, December 22,1987 at 9:05
a.m. in the Commission Chambers at 1840 25th
Street. Vero Beach, FL 32960, to consider the
adoption of an ordinance entitled:
AN ORDINANCE OF INDIAN RIVER
COUNTY ADOPTING REQUIREMENTS
FOR CERTIFICATES OF PUBLIC CON-
VENIENCE AND NECESSITY FOR '
BASIC AND ADVANCED LIFE SUPPORT
GROUND SERVICE APPLICANTS PUft-
SUANT TO SECTION 401.25(2xd), I
FLORIDA STATUTES: AND PROVIDING !
FOR INCORPORATION IN CODE, AP- i
PLICABILITY. REPEAL OF LAWS IN
CONFLICT, SEVERABILITY, AND EF-
FECTIVE
FFECTIVE DATE.
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 testimony and evidence I
upon which the appeal is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
DON C. SCURLOCK, JR., CHAIRMAN I
December 3,1987
County Attorney Vitunac reviewed the following:
DEC 2 2 ,1987 25 Bou 70 F,t1 r 405
TO: Board of County Commissioners
Boox 70 F,,,F 406
- r
FROM: Charles R. Vitunac, County Attorney
DATE: December 10, 1987
RE: EMS ORDINANCE
BOARD MEETING 12/22/87
The attached EMS ordinance has been properly advertised and
1s being presented to the Board for final adoption. The
reason for the adoption of this ordinance is a recent change
in Florida law. The law now requires that Certificates of
Public Convenience and Necessity, granted by the County to
applicants who desire to provide emergency medical service
in the county, be based upon reasonable standards adopted by
the County by ordinance.
The attached ordinance has been through a lengthy review
process with the emergency services community, which
includes the fire departments, ambulances, hospitals,
police, and sheriff's department. While the recommendation
of the advisory committee was not unanimous, the majority of
the committee members felt that the adoption of this
ordinance would provide the county with a reasonable
framework for improving the public health, safety, and
welfare. The ordinance tries not to duplicate any
regulation already performed by the State of Florida,
through the Department of Health and Rehabilitative
Services. The various aspects covered by the ordinance were
suggested by the State as areas which deserve local
attention.
Failure to adopt an EMS ordinance will result in the
regulation of ambulances being entirely at the State level.
Attorney Vitunac reported that the EMS Committee has spent a
considerable amount of time working with the service providers
and drafting the proposed ordinance, which includes such things
as mandatory minimum response times, method by which the Board
would handle and review complaints, etc.
The Chairman asked if anyone present wished to be heard.
Duncan Chalmers, 1926 34th Ave., came before the Board
representing the Emergency Services Coordinating Committee for
Fellsmere services. He believed that most are aware that the
Board of Directors of the Fellsmere squad originally vigorously
opposed the ordinance; however, with the changes that have been
made since then, they are now in favor of it. Mr. Chalmers
26
explained that they viewed this ordinance in its original form as
a threat to their very existence. The terminology could have
made them totally responsible to the Medical Director and the
County Administrator or their unknown designee. Emergency
Management Director Doug Wright has been their choice to be
director of these services from the beginning, and they look
forward to working with him. Another concern related to
penalties as they felt discipline should be directed at
organizations and not individuals, who can best be dealt with
in-house. Also, they were greatly concerned about some future
medical director having the ability to cripple them by demanding
skills beyond the EMT level. Finally, geographic conditions
combined with the inability to station a medic in Fellsmere
simply made the assumption that this county was an ALS county,
and that was something they could not live with. Mr. Chalmers
noted that they have been taught that the first five minutes are
critical. In Fellsmere, they rarely have a medic in the first 10
minutes, and they operate a BLS system during that time frame.
With the original terminology, they were really put in a bad
situation. Mr. Chalmers stated that they have been assured their
problems will be addressed in the new protocol and that they will
have input and be a part of the decisionmaking process. They,
therefore, are pleased to endorse the ordinance as proposed.
Joe Dorsky, Town Manager of Indian River Shores noted that
Section 5a. states the provider will agree "to respond only to
emergency pre -hospital calls in the certified district, and when
units are available, to provide response to other districts in
the county when requested to do so by.the other providers or by
the EMS Director." It seemed to him that after the words."to
provide.response," it should state "only to emergency
pre -hospital calls." Otherwise, it may be implied that they
could be called for other purposes.
Attorney Vitunac believed it is understood that is all that
is required. The whole certificate is only for emergency
2%
DEC 22 1987
Roar. 70 F1^c 40
r �
Boa 70 FN c 403
purposes, and that is why we did not expand on the definition.
Mr. Dorsky's concern is now on the record, and he felt the Town
should have no concern.
Mr. Dorsky then wondered why Indian River Shores.was
mentioned under 5d. for ten minutes response time, and no time
was allotted for Vero Beach. He was informed that the City is
included under the County Volunteer Ambulance Squad.
"Buck" Vocelle, Jr., president of IRCVAS, felt that Commis-
sioner Eggert and her committee have made an admirable effort to
draft an ordinance, but he wanted to go on record as being
opposed to the need for such an ordinance at all. He felt the
ordinance is an unreasonable restriction which is not mandated in
this county because volunteer squads provide service in the
majority of the county, and he believed the ordinance as drafted
was taken from an ordinance directed at paid squads. Mr. Vocelle
also believed the time limits proposed create the potential for
excessive speed and that it might open the county up to some
liability if they impose time limits that can't be met.
Emergency Director Wright commented that the response times
have been addressed in the committee on two or three occasions,
and he believed at the last meeting the squads were in agreement
with the times proposed.
Commissioner Eggert confirmed that these response times were
agreed on by the committee.
Commissioner Bird asked if the County Attorney felt we need
any additional language to protect us against any possible
liability, and Attorney Vitunac did not. He pointed out that
right now there are no time requirements; we are actually giving
them more protection, and he felt with an EMS Director, we are
doing the best we can. We also have our sovereign immunity.
Commissioner Bird felt Mr. Vocelle is saying mandatory times
will inevitably cause problems, but Commissioner Eggert pointed
out that the ordinance calls for "average response time."
28
- M M
Attorney Vitunac noted that if the time works out to be
insufficient, that can be changed later, and further noted there
is a section that prohibits ambulances being driven in a reckless
manner.
Commissioner Bird asked if Commissioner Eggert really feels
this ordinance is needed even though it is not mandated.
Commissioner Eggert advised that when she and Attorney
Vitunac talked to the state, it was indicated we should do this,
and she also felt it was needed in view of all the problems we
have been having. She stressed that rather than beinga
situation where we are trying to put the volunteers out of
business, she really would like to help the volunteer ambulance
squads stay volunteer as long as we can and felt this is a step
in that direction.
Attorney Vitunac further confirmed that these items were
suggested by the DHRS, and we were told it will be mandatory
pretty soon. We are authorized to adopt these now, and the state
says it will be mandatory shortly after the beginning of the
year.
Commissioner Bowman noted that the ordinance says pursuant
to Section 41.25, we are required to adopt standards.
Discussion followed on wording, and Commissioner Wheeler
suggested saying either required to do it or follow what the
state has set forth. He asked if there is a problem with doing
what is required by the state.
Commissioner Eggert explained that it does not cover a lot
of the problems we have been having.
Attorney Vitunac further explained that right now the
certificate we grant is simply part of an application from the
ambulance provider to Tallahassee, and Tallahassee makes all the
decisions. Sec. 401 allowst:he county to have some other input.
We asked the state why we should duplicate their insurance
requirements, etc., and they said we shouldn't, and, in fact,
here is our proposed rule which will take away your.
29 BOOK 70 NV 09
DEC 2 2.987
L J
a�10K 70 410
authority to enter into those areas the state already regulates.
The State does not regulate the seven or so items that are
covered in this ordinance, and we went over each of those seven
with the ambulance units; they are not really opposed to those
items, but simply are opposed to having any ordinance at all.
Mr. Vocelle confirmed that IRCVAS opposition is to
regulation as whole. Section 401 says the county is authorized
to adopt this type ordinance but not required, and since the
state already has a system in place for training and insurance,
they do not feel anything further is necessary.
Commissioner Wheeler asked what they are objecting to speci-
fically - or do they just not want any controls from the county
level.
Mr. Vocelle explained that they simply feel it is another
area of control that is unwarranted. Every level of government
that gets involved, you have more and more restrictions and this
makes it harder to comply.
The Chairman asked if anyone else wished to be heard.
Matt Witherspoon, Chief of IRCVAS in Vero Beach, and also a
member of Commissioner Eggert's committee, wished to go on record
on a couple of points. He felt when you post a response time
requirement to people, they will eventually adhere to it regard-
less of speed laws, and he would anticipate more speeding in some
areas. Mr. Witherspoon felt the words "average response" would
suffice rather than specific times. He was also concerned about
section 5e. which establishes the requirement for the number of
vehicles. He believed the squad achieved notoriety when after 21
years, they decided in order to keep the service for the people
in the community, they must resort to hiring some paid EMTs, and
now for someone to tell them they have to have "X" number of
vehicles properly manned at all times without knowing what the
formula is going to be to arrive at that raises a question. Mr.
Witherspoon further pointed out that this only deals with
emergencies. They perform a lot of non -emergency services and
30
have an ambulance available at football games, parades, etc. He
wondered if the public will understand if they can no longer do
that. They also were concerned about turning over records under
the privacy act, but he believed this has been taken care of.
Chairman Scurlock did not believe this ordinance prevents
them from going to parades or sports events, and Mr. Witherspoon
pointed out that it says they can "use lights and sirens only for
properly authorized emergency events."
Attorney Vitunac did not see any problem with using with
using lights in a parade and things of that nature. He believed
there had been allegations that squad members were going to lunch
with the light on, or -things that were not emergencies.
Commissioner Wheeler had questions as to why the squad had
to hire EMTs, and explanation ensued as length as to the
technicalities involved.
Commissioner Eggert advised that they have to have an EMT in
order to transport in an emergency situation. They have used a
paramedic in some situations, but when they do, it puts the team
he leaves out of action until he can get back.
Commissioner Wheeler felt the whole situation is very frus-
trating. Every time there is an accident there are police cars,
fire trucks, ambulances, paramedics, etc. He believed the _
insurance liability involved with all this must be enormous and
felt.we may need an ordinance forcing them all to cooperate.
Commissioner Eggert assured him that the services are
cooperating very well, and she believed 911 will be able to help
with this.
Chairman Scurlock noted that some of the problem is because
of the requirements a.t the state level. He also noted that your
paid services have continually lobbied the state legislature to
pass more requirements and, in effect, force the volunteers out
of the business.
Mr. Witherspoon continued to express concern about the
CEC 2 2 .til 31
goof .70 Pari 411
DEC
2 2 1987
BOOK
70 F 1
number of vehicles that will
be required and how they
determine
what the requirements will be in the way of manning.
Commissioner Eggert noted that the situation will continue
to be monitored, and if it is found the ambulances can't cope
with the calls, then we will look into whether or not additional.
stations will be needed, etc.
Chairman Scurlock believed the purpose of the committee is
to look into the situation on a continuing basis.
It was determined that no one further wished to be heard,
and the Chairman thereupon declared the public hearing closed.
Commissioner Eggert stated if anyone would feel more com-
fortable if we take the words "and required" out where it says
"County is authorized and required," she would be glad to do so.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, to approve Ordinance 87-66, adopting
requirements for certificates of public convenience and
necessity for BLS and ALS applicants pursuant to Sec.
401.25 (2) (d), Fla. Stat., dropping the words "and
required" as described above.
Commissioner Bowman asked about wording to provide for using
lights in special events, and Commissioner Eggert noted that
would be in compliance with state policy and she did not feel
anything further is needed.
Commissioner Bird believed Commissioner Eggert's committee
is to be commended for trying to pull everyone together to make
this work more smoothly and effectively, and the committee
obviously feels they need this ordinance to maintain consistency.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
ORD. 87-66 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
32
PUBLIC HEARING - PROPOSED SOLID WASTE DISPOSAL DISTRICT ORDINANCE
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notices 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
in the matter of .4� �CL
in the
Court, was pub-
lished in said newspaper in the issues of ��?'"' ^'� `50,6 �
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.
Sworn to and subscribed before me A.D. 19 rZ2!_
1 .(Busines la ger)
C�`.1
(Clerk of the Circuit Court, Indian River County Florida)
(SEAL)
NOTICE'
The Board of County Commissioners of Indian
River County, Florida, hereby provides notice of
a Public Hearing scheduled for 9:05 A -M
December 22. 198s, to discuss proposed ordl-
nance relating to Indian River County entitled:
AN ORDINANCE OF INDIAN RIVE q COUNTY,
FLORIDA, CREATING A DEPENDENT SPECIAL
DISTRICT WITH THE BOARD OF COUNTY
COMMISSIONERS AS THE GOVERNING BODY
FOR PROVIDING A SANITARY LANDFILL OR
OTHER MEANS FOR THE DISPOSAL OF ALL
SOLID WASTE GENERATED WITHIN THE SPE-
CIAL DISTRICT BOUNDARIES, WHICH (N-
CLUDE THEAR
AND MUN CI ALIITI SNINCORPORATED WH CH VOLUNTARILY
JOIN; PROVIDING A METHOD FOR OBJECTING
TO DISPOSAL CHARGES AND CREATING AN
DURE TOR THEMENT ARDCLASSIFFICATION OF ALL
PROPERTY WITHIN THE DISTRICT AND THE
IMPOSITION OF AN ANNUAL DISPOSAL
CHARGE AGAINST ALL ASSESSABLE PROP-
ERTY BASED UPON SUCH CLASSIFICATION:
PROVIDING
DED AL
ON THE ANNUAL VALOREM
IBE
NCM
TAX BILL SENT BY THE COUNTY TAX COL-
LECTOR; PROVIDING THAT THE -DISPOSAL
CHARGE SHALL CONSTITUTE- A- -LIEN,
AGAINST ALL SUCH PROPERTY; PROVIDING
CRITERIA AND PROCEDURES FOR. RATE
CHANGES. any decision
Anyone who may wish to appeal
which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings is made, which includes testimony and
dence upon which the appeal is based.
November 30.1987
DEC 2 2.19 1 33 BOOK 70 P,1 r.413
I®
DEC 22 1987 Fou 70 rnuE 414
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
-) Jl/.] tU kt
in the matter of _ �s4 n_ 1 Gt� n4�t1U:
i
in the _
Court, was pub-
lished in said newspaper in the issues of D C�L_1
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.
�h
Sworn to and subscribed before met is —1 ay of A.D. 19L
(BvIVe ..Manager)
(Clerk of the Circuit Court, Indian River County, Florida)
(SEAL)
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 `f1g �
in the matter of
in the
Court, was pub-
lished in said newspaper in the issues of 'Q_kUli\6A 7)
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd 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.
Sworn to and subscribed More j9e this/q--f2_� day of A.D. 19 v
1 _
(Clerk of the Circuit Court, In
(SEAL)
` (Business Manager)
I River County, Florida)
34
PUBLIC NOTICE
The Board of County Commissioners of Indian
River County, Florida, hereby provides notice of
a Public Hearing scheduled for 9:05 A.M. on
December 22, 1987 to discuss a proposed ordi-
nance relating to Indian River County entitled:
AN ORDINANCE OF INDIAN RIVER .COUNTY,
FLORIDA, CREATING A DEPENDENT SPECIAL
DISTRICT WITH THE BOARD OF COUNTY
COMMISSIONERS AS THE GOVERNING BODY
FOR PROVIDING A SANITARY LANDFILL OR
OTHER MEANS FOR THE DISPOSAL OF ALL
SOLID WASTE GENERATED WITHIN THE SPE-
CIAL DISTRICT BOUNDARIES, WHICH IN-
CLUDES THE ENTIRE UNINCORPORATED
AREA AND MUNICIPALITIES WHICH VOLUN-
TARILY JOIN; PROVIDING A METHOD FOR OB-
JECTING TO DISPOSAL. CHARGES AND
CREATING AN ADJUSTMENT BOARD; PROVID-
ING A PROCEDURE FOR THE CLASSIFICATION
OF ALL PROPERTY WITHIN THE DISTRICT
AND THE IMPOSITION OF AN ANNUAL DIS-
POSAL CHARGE AGAINST ALL ASSESSABLE
PROPERTY BASED UPON SUCH CLASSIFICA-
TION; PROVIDING THAT THE DISPOSAL
CHARGE BE INCLUDED ON THE ANNUAL AD
VALOREM TAX BILL SENT BY THE COUNTY
TAX COLLECTOR; PROVIDING THAT THE DIS-
POSAL CHARGE SHALL CONSTITUTE A LIEN
AGAINST ALL SUCH PROPERTY; PROVIDING
CRITERIA AND PROCEDURES FOR RATE
CHANGES.
Anyone who may wish to appeal any decision
i which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings is made, which includes testimony and evi-
dence upon which the appeal is based.
December 7, 1987.
6 2 , " c' C:�'
PUBUC NOTICE
The Board of County Commissioners of Indian
River County, Florida, hereby provides notice of
a Public Hearing scheduled for 9:05 A.M. on
December 22,1987.
At this meeting, the Board will consider the crea-
tion of a Solid Waste Disposal District to be
funded for special assessments on all benefited
property. The assessments are to be collected in
the same manner as ad valorem taxes are col-
lected. Failure to pay the assessment in a timely
manner may -result In the property owner losing
title to his property the same as he would for fail-
ure to pay ad valorem taxes.
You are invited to attend and be heard concern-
ing this matter.
Anyone who may wish to appeal any decision
which may be made at this meeting will need tc
ensure that a verbatim record of the proceed•
ings is made, which includes testimony and evi-
dence upon which the appeal Is based.
December 7, 1987.
The Board reviewed memo from the County Attorney:
TO: Board of County Commissioners
FROM: Ch::a_rPT%'Y(201!�d fr ttfn c�nty At t o r n e y
DATE: December 16, 1987
RE: SOLID WASTE DISPOSAL DISTRICT
PUBLIC HEARING DECEMBER 22, 1987
The attached ordinance, agreement, and resolution would
establish a dependent special district under the_ Board of
County Commissioners for the sole purpose of disposing of
solid waste generated by residents of the district.
The district would be funded by a special assessment against
all developed property in the county and not by ad valorem
taxes. Additionally, service charges will be charged for
special wastes and services. The basic unit of charge will
be the amount of garbage generated by a single-family
residence (ERU), and the maximum yearly charge for disposal
is estimated to be between $26 and $30 per ERU. The
attachments to the ordinance show the ERU ratings of all
property in the county.
All five City Attorneys have indicated approval of this
district and have offered valuable input into it. At the
time this memo is being written, the cities of Fellsmere and
Indian River Shores have assented to it, and it is expected
that Vero Beach and Sebastian will give their consents by
December 16.
The special assessment charges are to be collected by the
Tax Collector on the ad valorem property tax bill as a
separate line item. Before this method of collection is
used, State law requires that a first-class mail letter be
sent to all property owners in the county. This was done.
The law also requires that the Property Appraiser consent to
the method of collection in writing. This agreement is
attached. Finally, the law requires that the Board of
County Commissioners adopt this collection method by
resolution and after a public hearing. This matter is
before the Board for adoption December 22, as is the
ordinance creating the district.
Representatives of the Utilities Department and the
consulting engineers, Camp, Dresser 8 McKee, will be present
to answer any questions you may have concerning the proposed
district.
Chairman Scurlock believed the Commission wants to apologize
to the community if there was any misunderstanding about the
letter that went out. It was our Attorney's opinion that the
language in that letter had to be very specific; however, the
Chairman did feel we could have put in another paragraph to
explain it better.
Many people apparently misunderstood the
D E C 2 2.1987 35
eoof 70 Fnc-c 4i5
I
DEC
2 2 1997
t3ooK
70 F" 416
term "solid waste" and felt it included sewer.
Also,
it seemed
the tone of the letter suggested that the County Commission was
going to go out and vigorously take over people's homes, and that
is not the case. .Actually the person who signed the letter was
Assistant Utility Director Jeff Barton, and that really probably
should have been the Board of County Commissioners with the
Chairman signing as we do on our standard legal notices. The
Chairman felt that part of the notice could have been handled
significantly better than the way it was handled.
Chairman Scurlock believed there needs to be clarification
in terms of how we are presently paying for the disposal at the
- Landfill. He explained that those who live in the City, have
their waste picked up by the City; in other areas, it may be
picked up by Harris Sanitation, etc., or some may have been
taking it out to the Landfill or transfer station by themselves.
If the City is picking up your trash, or a sanitation company,
you are presently paying a fee. The county regulates the
unincorporated area and their rate structure, and within the rate
structure for the unincorporated haulers, there is a disposal
charge for taking the waste to the Landfill of $2.65 a month or
$31.80 a year. The intent of the proposed ordinance is that we
would immediately go to the rate structures that are approved by
the county, and at the beginning of the new system, you would be
seeing a reduction in your pickup charge of the $2.65 a month, or
$31.80 a year, and in lieu of that, you would be paying once a
year on your tax bill a charge of about $30.00. This is not to
say that the rate structure will be the same forever since
haulers, the same as everyone else, have a right to come in and
ask for an increase, but it requires a public hearing. In
addition to that cost, the county is also funding the cost of the
transfer stations, i.e., supplying the cannisters and taking the
waste to the landfill, etc. He further explained that out of
the regular taxes the people are funding the Landfill in the
amount of $663,000, and that amount will be relieved.
36
Commissioner Bowman noted that question had been raised as
to why the county spent so much money on sending all the notices
out by first class mail, and the answer is that state law
required it.
County Attorney Vitunac also apologized for the letter of
notice that was sent out, and stated that he wrote it not
realizing people might not understand what solid waste was. He
agreed the tone of the letter was bad, but it was copied almost
verbatim from state requirements. The state does not like
special districts going on the tax rolls unless people are made
fully aware of what the consequences may be.
Administrator Balczun advised those.present that the
county is embarking on a substantial program of improvement at
the County Landfill. We are required to construct a new cell at
the Landfill for trash to be generated in the future, and the
estimated capital cost of the cell is about 2-114 million. In
addition, the law requires that we close the existing cell in a
particular fashion, and our engineers estimate the cost of closing
the existing cell to be about 1.6 million. We have options for
funding these costs. One would be to add the cost to the ad
valorem tax, but we have some difficulty with that philosophy.
The second alternative is some sort of special district, which we
feel is eminently more fair. The county is faced with the
problem of effectively disposing of trash.
Utilities Director Pinto informed those present that almost
two years ago, we embarked on a master plan for handling of solid
waste in the county, and that was completed in 1986. As a
community grows, the waste stream grows with it, and our estimate
for waste already is being exceeded by almost one hundred tons a
day. It is estimated that the county is generating 1.3 tons of
solid waste per residential unit per year. As can be seen by the
mountains of waste visible from 1-95 both in Indian River County
and Fort Pierce, all counties are faced with the same problem and
must handle this problem and must face the cost involved. Due to
DEC 2 2 1987 37 BOOK 70 ul r. 417
EQ 2 21987, Book 70 F�, �. 418
environmental catastrophes, such as the "Love Canal" situation,
there are very tight state and federal controls on how we handle
our solid waste. The existing cell of the Landfill is that giant
mountain, and we must monitor it to be sure no leachate can get
into the drinking water aquifer. Our master plan has addressed.
every option conceivable, and right now we think the most cost
effective way for Indian River County that is environmentally
sound is to continue operation of the landfill. Fortunately in
1970, the Commission had the foresight to buy some 200 acres so
we are able to expand the existing facility.
Director Pinto also apologized for the letter that was sent
out, explained that those in the business and dealing with it
every day just assume that everyone understands the terminology.
The letter received by all those present had nothing to do with
wastewater, which is the term for sewerage. Director Pinto then
asked the County Attorney to detail the alternatives of how to
pay for the landfill. The County Commission has directed staff
to find the best way to pass on the costs to make it fair for
everyone, and Mr. Pinto believed the present system is very
unfair.
Attorney Vitunac advised that the first alternative would be
to fund the cost through the ad valorem tax, which would mean the
person with the more expensive house would pay more even though
he generates the same amount of trash because you would pay based
on the value of your house. Vacant property also would be taxed
on the ad valorem roll even though it doesn't generate any trash.
This also means that people not on the tax rolls - transients,
churches, etc., would not pay anything. A special assessment
district makes sure everyone pays a fair share. Under what is
proposed, everyone who generates a ton pays for a ton. Right now
if you live in the county and do not subscribe to a hauler, you
may be paying nothing for disposal. But if you are just dumping
your trash at the transfer sites, somebody is paying your costs.
38
� � r
Under this ordinance, we all will be paying the same amount based
on a ton of garbage. Another alternative is to pay service
charges, i.e., every time a ton of garbage come in, they will pay
$30.00 a ton. This requires manpower, and people will be dumping
garbage all over the county. Attorney Vitunac noted there will
be a special charge for those who bring in special waste - those
who demolish houses, etc.
Utilities Director Pinto wished to further clarify that
although the letter was sent out to all property owners, this
charge will only be made to those who have structures on their
property. You must generate a waste stream in order to be
charged. If you live in your own home on an acre of ground or
less, the grass clippings, etc., is included in your charge, -and
if you show up at the Landfill there will be no charge and your
yard man will not be charging you for the dumping. You will be
paying on your tax bill what your dumping costs are and you will
no longer have to pay anywhere else. The cost covers a home and
one acre. If you live on 100 acres, for instance, and decide to
clear your property, you will have to pay based on the cleared
material. Director Pinto noted that it is not an easy situation
to monitor. The transfer stations still will be there but will
be manned, mainly because we have people coming in from other
counties dumping their trash in Indian River County. We; there-
fore, have to get into a more sophisticated operation of.those
stations. He assured everyone that we will not have a police
force out there not letting the people dump; we mainly want to
find out where the trash is being generated from. Anyone can
take their garbage to the dump and will not be charged.
A lady in the audience asked how renters will be charged,
and Director Pinto explained the charge is directed to the
property owner and appears on his tax bill. The owner will have
to make whatever arrangements he feels are necessary.
Dir. Pinto introduced Isabelle Jettinghoff of Camp, Dresser,
McKee, who did our master planr'and solid waste rate study.
DEC 2 2 198'1
39 BOX 70 F'AGF 419
DEC 22 1987 BooK 70 P Of 420
Attorney Vitunac interjected that he would like to add a
little language to Section 4, page 2, of the proposed ordinance,
Powers of the Solid Waste District. He wished to add after the
word "property," the words "issue revenue bonds or other
certificates of indebtedness."
Commissioner Eggert inquired who "SWDD" refers to, and it
was stated that it actually would be the Board of County
Commissioners as they will be the governing body of the Solid
Waste Disposal District.
Commissioner Bird noted that Section 12 refers to "special
waste," and he did not see any definition of special waste.
Ms. Jettinghoff advised that special waste includes
materials generated from land clearing, demolition activities,
etc., and includes tires. It is defined under Section 5.
entitled Definitions.
County Attorney Vitunac noted that Page 5 which sets out
that particular definition is missing from the copies of the
ordinance handed out. (Copies of Page 5 were supplied.)
Ms. Jettinghoff summarized that what the county was faced
with was to collect revenue to cover all the costs for operation
and maintainence of the landfill. Camp, Dresser, McKee studied
whether the present system of a tipping fee was the best and most
effective and looked at other counties to see how this was
handled. What they came up with was that the best system for the
county would be one that used the Property Appraiser's data base,
which is an owner based system. A bill will go out once a year
and will charge all owners of improved real property. Ms.
Jettinghoff wished to make the point that if the county can
determine beforehand how much the revenue stream is going to be,
they will be able to get a lot better terms for financing the new
landfill and the closure of the old one, which will mean that the
people will have the lowest possible rate.
Chairman Scurlock further clarified that the interest rate
40
J
on bonds would be significantly less than if we went to some
other method.
Ms. Jettinghoff explained the method by which they
determined how much people should pay, noting that they based it
on the amount of waste generated by various categories, i.e., a
house, an apartment, commercial establishments, etc. They looked
at national data on what the generation rates are for different
categories and then took a survey locally. The present system is
.based on an ERU (equivalent residential unit) and based on the
generation of a single family unit, or 1.3 tons per ERU per year.
They also surveyed commercial establishments and got information
from haulers to determine the different rates for the different
commercial establishments.
The Chairman further pointed out that if you feel you do not
fit properly into the category you are assigned, there is an
appeal provision.
The Chairman asked if anyone present wished to be heard.
Robert Shotwell, president of Vista Royale Assoc., which has
1512 apartments, pointed out that all 1512 owners will get an
assessment. In addition, they have four clubhouses that generate
garbage, and they also trim trees. He, therefore, felt their
property owners get a triple dip.
Director Pinto did not agree. He pointed out that apart-
ments are rated under the classification of apartments for what
they generate; club facilities are under a special classification
re their generation; and the common grounds that are part of that
organization will not be paying a tipping fee.
Mr. Shotwell continued to contend that if they have to pay
for their apartments and for the clubhouses, they are paying
twice.
Commissioner Wheeler pointed out that that as multi -family,
they get a 30% discount from the single family rate, and the
clubhouse if it is classified under recreation would be charged
500 less per hundred sq. ft. than a restaurant.
41 BOOK 70 F�acc.4.1
D E C 2 2 1987
I
J
Fr- I
DEG BOOK
70 F'',F`�
4212
Commissioner Bird further noted that the clubhouse is
separate from the apartments, and each has to pay a fee for what
it generates.
Mr. Shotwell stressed you still have the same people paying
twice, and Commissioner Eggert believed they are paying that now.
Director Pinto also pointed out that there are apartment
complexes that don't have clubhouses, and certainly it wouldn't
be fair for them to subsidize the Vista clubhouses.
George Moody informed the Board that he has a tire store and
some other pieces of property, and while he realizes this is
intended to generate money to add to the landfill, it seems the
county is going to have special tax districts for parks, for
roads, and now for the Landfill, and where do we stop this!
Then, Mr. Moody pointed out that tires are considered a special
item, and he was informed that the county no longer accepts tires
at the landfill. He now is sending some of his tires to
Maryland. The county wants to tax him for a service they are not
providing him, and he wanted to know why tires are considered
special.
The Chairman explained that when you bury tires, they keep
rising to the surface, and Director Pinto advised that tires are
considered special throughout the county and are such a problem
to dispose of that they must be handled separately. Some are
going to Maryland as Mr.'Moody has said, and the amount he will
be charged under this ordinance will not include tires. We are
looking at 112 a million or more just to take care of tires.
Chairman Scurlock asked if we are going to be accepting
tires at the new landfill, and Director Pinto hoped we will be
able to. He reported that we now are looking at a machine that
will not only chip tires but large timber also.
Discussion continued at length regarding tires with Mr.
Moody arguing that they just arbitrarily shut off accepting tires
at the Landfill. He asked why disposing of tires hasn't been
looked into before.
42
Director Pinto explained that we are trying to find the most
cost effective way to take care of them. Burying them at the
landfill causes extreme problems, and up until this time there
has not been a shredder that would run more than 24 hours. As
soon as they started putting steel lining in tires, shredders
started going to pieces. Shredding is still not an inexpensive
way to do this because of the maintenance of the equipment;
however, we are going to try it because we don't feel we have any
alternative. Other states are now charging deposits because of
the problems involved with disposing of tires.
John Wagner asked if we have looked into the City itself
running the dump since we are paying them to pick up the garbage.
He couldn't believe the county couldn't do a better job, and
questioned why the county couldn't take over the collection of
garbage also.
Director Pinto advised that the master plan has addressed
the possibility of the county getting into the collection
business as well as the possibility of mandatory collection. As
the population grows, we will have to readdress problems.
Chairman Scurlock noted that the cost of going out and
buying collection equipment is astronomical, and Director Pinto
pointed out that the cost we are discussing only relates to the
disposal cost.
Chairman Scurlock commented that at budgettime we heard
people state that we should turn more of over to the private
sector; we have looked into this and will continue to.
Phyllis Boisvert, Felismere, secretary/treasurer of the
United Methodist Church, noted that they do not have a parsonage
on the property but do have a church building and generate very
little garbage. She was wondering how much of a tax bill the
church would received.
Director Pinto advised that it depends on the square footage
of the church, and churches are assigned a very small generation
formula.
43
DEC 2 2 198N
mor, 70 rmu, 4?3
r
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1
Roof 70 F d, 4�
Ms. Boisvert continued that right now she lives in a mobile
home; they have recently bought five acres and are going to build
a bigger house. However, it will still be just two.people living
in the house; so, why should they pay more. She was informed
that she will not be paying any more.
Victor Hart, Gifford,.came before the Board representing the
Gifford Progressive Civic League, and expressed concern about the
fairness of the taxing district when he hears that property that
doesn't have a house on it will be exempt. He asked if we
shouldn't tax all the property in the county.
Attorney Vitunac noted that first of all, it is not a taxing
district; it is a special assessment district, which means each
property must receive a benefit not less than the tax they are
charged.
Chairman Scurlock further explained that if you don't
generate waste, you don't receive a benefit and you don't pay.
Mr. Hart then asked how you deal with the person who owns
more than one property or has four or five properties on the same
tax bill.
Director Pinto advised that would be assessed not by the
parcel of land but by the number of structures. If you had five
houses on a parcel of land, you would be charged five times.
Floyd Danner, North County resident, wished to go on record
that he feels this is fair, but he is wondering what will happen
in regard to refrigerators, washing machines, etc., that are just
being left at the collector station. He feared if they can't be
left there, they will be dumped around the county.
Director Pinto stated that it is our intent that any house-
hold contents can be taken to the transfer station. If you live
in.North County, we will not expect you to take a refriger-
ator, sofa, etc., all the way to the landfill. What we have had
a problem with is commercial people bringing in tons of material.
Clifford Ferguson noted that he has a private individual who
picks up his trash, and Chairman Scurlock explained that he will
44
be charged in his taxes for disposal of his garbage and whoever
is picking it up will reduce their bill by $2.65 monthly.
Virginia Bridwell asked why the property owners are always
slammed with these assessment. She stressed there is no way you
can control identification of renters, and it is easy for the
Board to say you can raise the rent, but that is not easy to do.
Our taxes keep going on up and up, and when is it going to stop.
She believed the Board does not understand how difficult it is
for people like her to pay these taxes and asked if they have
considered any other way.
Chairman Scurlock assured her that we have and explained
what the state is requiring and what we must do to expand and to
close the existing cell.
Mrs. Bridwell continued to speak heatedly about high taxes,
the fact that she has almost no garbage, and also the fact that
there is no way to identify renters.
Chairman Scurlock explained that the owners of the property
will be paying the charge for the renters and whether he absorbs
this charge or passes it on is up to him to decide.
Attorney Vitunac also tried to make it clear that this is
not an increase because it will reduce the charge made by the
haulers accordingly.
George Nystrom, owner of Shady Acres Nursery in Sebastian, -
noted that he has about 61 acres and lives on the property in a
trailer, and his taxes went from $1,800 to $4,000 this year. He
stated that he takes care of his own disposal and wanted some
idea of what he will be charged for dumping it at the landfill.
He further noted that his nursery is a tree nursery and he also
has a large shedlike work building on his property.
Director Pinto advised that he will be charged based on his
trailer as a home, and if he sells out of the other building and
it is a small business, he will be charged on that. There is no
charge for a tree nursery.
DEC 2 2.1997 45 Bou 70 Dvi F 4$5
Fr -
2 21987 Boa 70 FA%r 4c?, 6
Mr. Nystrom continued to complain about his taxes, and after
further questions informed the Board that his property is located
on U.S.I next to the property that Dr. Fischer recently sold for
hundreds of thousands of dollars.
Board members advised him to discuss his taxes with the
Property Appraiser, but believed his property very probably was
reassessed when Dr. Fischer sold his abutting property for a
large price.
William Koolage, 26th Avenue, also spoke about the fact that
taxes are going up and people on fixed incomes can't cope with
it. He noted that we have a 10 mill cap, and felt the people
need to have some knowledge of various taxing methods - MSTU,
impact fees, enterprise funds, etc. He sees this is a dependent
special district and wished to know how many of these fall within
the 10 mill cap. The people have to pay not only these taxes,
but school taxes, hospital taxes, etc. He did not say the Board
shouldn't have this method of taxing, but he felt the message is
that people are getting hurt.
Chairman Scurlock pointed out that we have encouraged the
Taxpayers' Association, etc., to work with our Budget Director to
analyze and assist with this.
Mr. Koolage stressed that he is trying to make the point
that people don't go to the meetings, but they need the
information. He further noted that he notices a lot of litter as
he drives around. He felt there had been discussion of a "Bottle
Bill." and believed there is a need to look into recycling.
Catherine McDowell of 19th Place stated they have Harris
Sanitation pick up for them and wished to know if they are going
to have to pay Harris plus the assessment.
The Chairman explained that her bill from Harris should be
reduced by the "tip" portion of his charge, or $2.65 per month
less.
William Nelson, Rockridge, informed the Board that up north
they had stickers on their windshields identifying them as
46
owners, and he wished to know how people who are here only a few
months are dealt with.
Director Pinto advised that the benefit is available to
those owning property, and they will pay whether they are living
in the home or not.
Clifford Brink, 1191 Barber St., Sebastian, also wished to
know why we can't have stickers for every home owner, which would
eliminate people coming into the county from across the river to
dump their garbage.
Director Pinto agreed that we will keep those things in
mind, but emphasized that in order to have a cost effective
project, we have to look at how to save the most money and
analyze whether the stickers would cost more than the few who
might sneak by us. He noted that our main objective is to get
the big offender.
Daphne Strickland, county resident, wished to endorse the
remarks made by Bill Koolage, and felt there is no way one person
in a home will generate as much garbage as a family of 4, 5 or 6.
She emphasized all the various charges people have now - a
charge every month from county on their phone bill, sur -charges
on light bills and on water, etc. She pointed out that if owners
of rental property have county water and sewer and that unit is
vacant for one week, the owner must pay the entire month flat
rate fee, which she felt is a bit unreasonable. Mrs. Strickland
stressed that there must be a limit to taxes on the individual
home owner.
Chairman Scurlock noted that the last time Mrs. Strickland
came to the Board, she was here asking for $300,000 for housing
in this county.
Mrs. Strickland emphasized that $300,000 was for this low
income people of this county, and it is being paid for by her tax
dollars. She stated that we treat our criminals better than we
are treating our people, and there was much clapping from the
audience. She continued that'we are paying taxes for all the
47 BOOK 70 P"Gr`497
L DEC 221 7
BOOK 70F'UE98
elite on the government payroll to get a cost of living raise
every year and the poor man on Social Security is getting
nothing, or if they do, it is taken out by Medicare. Mrs.
Strickland was proud of asking for the $300,000 to provide low
income housing.
Chairman Scurlock noted that his point was that $300,000
also is taxes.
Commissioner Wheeler pointed out that the Board sat here and
listened to all the various requests at Budget sessions and -tried
to be objective about what we pay taxes for. He noted that he
doesn't like paying taxes either, but we have a certain
responsibility to see that services are provided and maintained.
We have to have a place to put garbage, but nobody wants to pay
for it.
Nancy Offutt came before the Board representing the Chamber
of Commerce and Board of Realtors and advised that neither takes
a position on the issue being discussed; however, she felt the
comments made by the public really deserve note, and would
suggest that they speak to the need for a diversification of our
tax base through economic development and other innovative means
of providing relief to the residential tax payer. There must be
a realistic balance of how the taxes are borne, and Mrs. Offut
pointed out that not all can afford to maintain the exclusiveness
and ambiance of the Indian River community.
Fred Mensing, Roseland, understood there is a law which
allows senior citizens, if they can show their taxes are taxing
them out of their homes, to pay 50 of their income and not be put
out of their home. If that is correct, he wished to know if the
special assessments fall into that Bill.
Attorney Vitunac pointed out that special assessment is not
a tax, and there are no provisions for putting that off.
Mr. Mensing then spoke in favor of getting the Tax Collector
to enclose with his bills stickers per residence giving them
access to the transfer station and dump. He also felt the fine
48
for illegal dumping should be raised considerably. Mr. Mensing
suggested that we do away with a lot of the disposable containers
that do not compact and are not bio-degradable;.he believed other
states have done it with deposits. He also urged developing a
North County burning site because of the difficulty and expense
of going to the Landfill. As far as the $30.00 a year charge, he
noted that the people now are paying it one way or the other, and
he felt what is proposed is an equitable solution.
Vincent Hawkins, 365 16th St. S.W. wanted to know how much
of our tax money goes to the Landfill as of now.
Chairman Scurlock reported that for 1987-88, the amount is
$663,365; for 86-87 - $598,769; and for 85-86 - $582,000; and
84-85 $505,000.
Mr. Hawkins asked if our taxes will be reduced by that
amount because of this assessment, or will it just keep going up.
Chairman Scurlock answered that the contribution to the
General Fund for this will be reduced by the $663,000, which will
reduce the millage required in the General Fund about 2/10 of a
mill.
Mr. Hawkins noted that he is living on a fixed income. He
felt the Board has their minds made up before they have a
hearing, and that the hearings are a farce. The people are told
that the state mandates all this, and if that is true, what do
the people need the Board for. He also resented Commissioner
Bowman's comment made during budget hearing that she was appalled
by the people's ignorance about mandates.
Commissioner Bowman explained that she was suggesting that
we should have a school on taxation before we have the budget
hearings, and possibly have a public relations firm to explain
it. People do not understand, and it is not their fault.
Commissioner Bird addressed the remark that the people do
not need the Board, noting that if the Board is doing its job
properly, it will find the most cost efficient way to deal with
the various mandates, and that is what we are trying to do. He
DEC 22 1987 49 Boor 70 42.19
DEC
2
BOOK
70
F,�,F 431
emphasized
that the Board members do not have their
minds
made
up; they do listen and try to be compassionate.
Elizabeth Robinson, Fellsmere, believed the Commission is
trying to do a good job and wished to know if this is the final
meeting on the proposed ordinance.
Chairman Scurlock explained that this is the final meeting
to adopt the ordinance, but subsequent to that at budgettime,
there will be a budgetary process that will set the future budget
for all the departments, including the Landfill, and those will
be advertised.
Mrs. Robinson stated that she tried to live on less than
$300 a month, and she wished to talk about preventive measures,
which she tries to practice. She urged recycling to keep costs
down, and felt everyone must employ preventive measures.
Edra Young, 1151 Clearmont St., Sebastian, realized we have
to have a new landfill, but her problem is why we are going to
sell bonds and not bring it before the voters.
Attorney Vitunac explained that is because that bond issue
will not be paid by taxes and will not be paid for by the county;
it will be paid for by the revenues generated.
Jackie Hall, owner of a trailer park on 45th Court, wished
to know who will assess her property for this tax, and Attorney
Vitunac informed her that we have taken the code used by the
Property Appraiser's office and used a factor to establish ERUs.
Ms. Hall wished to know who specifically will call on her
place as she did not want strangers on her property. She was
advised to contact Mr. Pinto of the Utility Department.
Mr. Moody wished to know what the special assessment is or
will it just be pulled out of the sky?
Director Pinto reported that the evaluation is being done
now. This ordinance just creates the authority, and the budget
will set what the fees are. There will be a new budget for the
Landfill every year and a public hearing on it.
50
It was determined that no one further wished to be heard,
and the Chairman thereupon declared the public hearing closed.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously adopted Ordinance
87-67 creating.the dependent special district for solid
waste disposal; approved Resolution 87-152 authorizing
the collection of special assessments for the district,
and approved an agreement with Property Appraisal Nolte
relating to the collection of special assessments for
the district by the same method used for the collection
of ad valorem taxes.
ORDINANCE NO. 87- 67
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
• CREATING A DEPENDENT SPECIAL DISTRICT WITH THE
BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING
BODY FOR PROVIDING A SANITARY LANDFILL OR OTHER
'MEANS. FOR THE DISPOSAL OF ALL SOLID WASTE
GENERATED WITHIN THE SPECIAL DISTRICT BOUNDARIES,
WHICH INCLUDE THE ENTIRE UNINCORPORATED AREA AND
MUNICIPALITIES WHICH VOLUNTARILY JOIN; PROVIDING A
METHOD FOR OBJECTING TO DISPOSAL CHARGES AND
CREATING AN ADJUSTMENT BOARD; PROVIDING A
PROCEDURE FOR THE CLASSIFICATION OF ALL PROPERTY
WITHIN THE DISTRICT AND THE IMPOSITION OF AN
ANNUAL DISPOSAL CHARGE AGAINST ALL ASSESSABLE
PROPERTY BASED UPON SUCH CLASSIFICATION; PROVIDING
THAT THE DISPOSAL CHARGE BE INCLUDED ON THE ANNUAL
AD VALOREM TAX BILL SENT BY THE COUNTY TAX
COLLECTOR; PROVIDING THAT THE DISPOSAL CHARGE
SHALL CONSTITUTE A LIEN AGAINST ALL SUCH PROPERTY;
PROVIDING CRITERIA AND PROCEDURES FOR RATE
CHANGES.
BE IT ORDAINED by the Board of County Commissioners of
Indian River County that,
SECTION 1. CREATION OF DEPENDENT SPECIAL DISTRICT FOR
SOLID WASTE DISPOSAL, COMPOSITION OF DISTRICT, GOVERNING
Pursuant to the authority granted by §125.01(5)a,
ORDINANCE 87-67 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITSFENTIRETY.
b..GE �•��'
DEC 2 2 .�987 51 BOOK 70 F
J
RESOLUTION NO. 87-70
BOOK . m uu. 432
Community Cev._-
1 A RESOLUTION OF THE CITY OF VERO BEACH
•�;� `'� `�' tilities
Z� FLORIDA VOLUNTARILY JOINING ANN
t E APPROVING THE INDIAN RIVER COUNT in3nce
DEPENDENT SPECIAL DISTRICT FOR SOL119th`r --
WASTE DISPOSAL.
WHEREAS, the Board of County Commissioners of Indian River County has
under consideration the establishment of a Dependent Special District for Solid
Waste Disposal, and
WHEREAS, said Special District may include municipalities within Indian River
County who voluntarily join the District, and
WHEREAS, the City Council has determined that it would be in the public
interest to join such a District. .
NOW THEREFORE, BE IT RESOLVED BY THE .CITY COUNCIL OF TIE CITY OF
VERO BEACH, FLORIDA, THAT:
The City of Vero Beach hereby voluntarily joins the Dependent Special District
for Solid Waste Disposal for Indian River County when, and if, established in
accordance with the attached proposed County Ordinance.
********************
THIS RESOLUTION was moved for.adoption by Councilman y4 cu), vtcQ
seconded by Councilman V1IQe,�J , and adopted on the J a 14- day
of 1987, by the following vote:
Mayor Acor
Vice Mayor Howard
Councilman Wodtke
Councilman Macht
Councilman Winchester
ATTEST:
.0 0 -
Com`
City erk
Approved as to form
and legal sufficiency:
City Attorney
52
CITY OF VERO BEACH, FLORIDA
May
Approved as to technical
requirements:
City Mainager
RESOLUTION NO. 87- 152
A RESOLUTION OF INDIAN RIVER COUNTY AUTHORIZING
THE COLLECTION OF SPECIAL ASSESSMENTS FOR THE
SOLID WASTE DISPOSAL DISTRICT BY THE SAME METHOD
AS IS USED FOR THE COLLECTION OF AD VALOREM TAXES.
WHEREAS, Indian River County has created a solid waste
disposal district for the unincorporated area and those
municipalities voluntarily joining the district; and
WHEREAS, the district will be funded from special
assessments against assessable property in the district; and
WHEREAS, §197.363, Florida Statutes, 1986 Supplement,
authorizes the Property Appraiser to assist the district in
the collection of special assessments provided_ that a
resolution authorizing the use of this method is adopted at
a public hearing; and
WHEREAS, the public hearing must be noticed by first-
class mail to all affected property owners putting them on
notice of the potential for loss of title that exists with
use of this collection method and on notice of the time and
place of the public hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
Pursuant to the terms of the ordinance creating the
Solid Waste Disposal District, the County intends to collect
the special assessment charges pursuant to the procedures of
the Solid Waste Disposal District with the cooperation of
the Property Appraiser by the same methods used for the
collection of ad valorem taxes.
The foregoing resolution was offered by Commissioner
Eggert who moved its adoption. The motion was seconded
by Commissioner Bowman__ and, upon being put to a vote, the
vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 22nd day of _ December. 198j 4'33
---- FA�C e
IMA
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By r
Don C. Scurlock, Jr.
,.___
D
BOOK 70 F'",,F4.34
A G R E E M E N T
RELATING TO THE COLLECTION OF SPECIAL ASSESSMENTS
FOR THE SOLID WASTE DISPOSAL DISTRICT BY THE SAME
METHOD USED FOR THE COLLECTION OF AD VALOREM TAXES
TH I S AGREEMENT, made this 22nd day o f Dgce bb
1987, by and between INDIAN RIVER-T-OUNTY, a political
subdivision of the State of Florida, 1840 25th Street, Vero
Beach, FL 32960, (305) 567-8000 (COUNTY), and DAVID NOLTE,
INDIAN RIVER COUNTY PROPERTY APPRAISER, a constitutional
officer of the State of Florida, 1840 25th Street, Vero
Beach, FL 32960, (305) 567-8000,
W I T N E S S E T H:
THAT the COUNTY and the PROPERTY APPRAISER agree
as follows:
1. Pursuant to the requirements of
§197.363(1)(a), Florida Statutes, 1986 Supplement, the
PROPERTY APPRAISER shall assist the COUNTY in the
preparation of a special assessment roll for the Solid Waste
Disposal District, pursuant to the same procedures used for
the collection of ad valorem taxes; and
2. The COUNTY will reimburse the PROPERTY
APPRAISER for administrative costs incurred.
IN WITNESS WHEREOF, the proper officials have
executed this agreement on the date set forth next to their
signatures.
Date December 22, 1987 BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Approved as to form and
inhar
I sufficiency: By L
on urloc ,
Chairman
es i unac
County Attorney (Corp. Seal)
roved for Administrative
tern: _
art�s N. Icz n
VY
uAdmin ator
Date
fitness
i t e s s
Approved for Budget matters:
Josep gird
1,3udget Officer
INDIAN RIVER COUNTY PROPERTY
APPRAISER
54
`David Nolte
L—J
PUBLIC HEARING - PROPOSED ROYAL_POINCIANA-PARK,-GLENDALE-PARK,
AND FRESARD GLENDALE STREET_ LIGHTING_MSTU
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
. .& 1 ,
a
i
in the matter of "' `• " " — " "
in the
_ Court, was pub-
lished in said newspaper in the issues Of r �
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 pe
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befor me is /�
ay of 19
h ($tl ess Manager)
(Clerk of the Circuit Court, Indian River County, Florida)
(SEAL)
PUBLIC NOTICE ='
The Board of Coupty Commiissioners'of Indian
River County. Florida; will conduct a Public C
Hearing on Tuesday. December 22, 1987 at 9:05'
a.m. in the Commission Chambers at 1840 25th,
Street. Vero Beach, FL 32980. to consider the
adoption of an ordinance entitled:' :
eM nRDINANCE OF. INDIAN "RIVER .
ROYAL P(ANUAMn rgnn, va.o..+.......
•,. "PARK. •AND FRESARD GLENDALE
NICIPAL SERVICE TAXING UNIT;' ;i..
PROVIDING FOR THE CREATION OF::':q
THE TAXING UNIT: PURPOSE: 'DETER=' :?
MINATION : OF • COST OF STREET--
LIGHTING'
TREET--.LIGHTING' SERVICE OR OTHER AP-
PROVED SERVICE: LEVY OF ASSESS-`.
MENTS,•.ADOPTION OF BUDGET:.•EX-
EMPTION FROM TAXATION OR
SESSMENTS: DISPOSITION OF. PRO-
CEEDS FOR THE, DISTRICT' FOR
..STREET' LIGHTING OR OTHER.*PUR
POSES; INCORPORATION IN CODE;
SEVERABILITY AND EFFECTIVE DATE.
Anyone who may wish to appeat any decision
'which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
is made, which Includes testimony and evidence
upon which the appeal Is based.
INDIAN RIVER COUNTY _
BOARD OF COUNTY COMMISSIONERS
DON C. SCURLOCK. JR., CHAIRMAN .
December 4, 1987
OMB Director Baird reviewed the following memo, advising
that staff has now gone out and personally counted the lots,
which has changed the numbers somewhat.because there actually are
383 lots, and they had estimated based on 450. This would change
the figures to around $35 for the first year and $30 for the
second year.
55
BOOK 70 F' -F 435
BOOK 70 F',�Gc 436
TO: Members of the Board
of County Commissioners
THROUGH: Jim Davis, P.E.
Public Work Director
DATE: December 11, 1987
SUBJECT: ESTABLISHING STREETLIGHT DISTRICT -
ROYAL POINCIANA PARK, GLENDALE PARK
AND FRESARD GLENDALE
FROM: Joseph A. Baird
OMB Director @�
DESCIPTION AND CONDITIONS
Homeowners have signed a petition requesting the Board of County
Commissioners establish a streetlighting district in the Royal
Poinciana Park, Glendale Park and Fresard Glendale subdivisions.
Staff has worked with Florida Power and Light to develop the
following streetlighting budget and yearly cost estimate:
GLENDALE PARK/ROYAL POINCIANA PARK
STREETLIGHTING DISTRICT BUDGET
ESTIMATE FIRST YEAR
Lights
G & A Charge
Contingency (5%)
First Year - (200)
Commissions and Fees
T O T A L
$13,630 450 = $30.28 per parcel/acre
GLENDALE PARK/ROYAL POINCIANA PARK
STREETLIGHTING DISTRICT BUDGET
ESTIMATE SECOND YEAR
Lights.
G & A Charge
Contingency
Commissions and Fees
T O T A L
$11,597 450 = $ 25.77per parcel/acre
RECOMMENDATION
$10,164.00
500.00
533.00
2,033.00
400.00
$13,630.00
$10,164.00
500.00
533.00
400.00
$11,597.00
Staff recommends the Board of County Commissioners review
all information and public input and then make a decision.
56
The Chairman asked if anyone wished to be heard.
• Helen Booth informed the Board that she was the instigator
of all this. She spoke heatedly of the perils caused by the
darkness of the area and the need for street lighting,
emphasizing the additional hazard caused by those riding bicycles
with no lights on them. Mrs. Booth stated that she is in favor
of anything that is progress; she realized that the lights will
cost her, but if you want a thing, you pay for it. She advised
that she has been working towards getting lights since December
of 1986, and she tried to contact all the people re the petition
and had only a few negatives.
Bill Koldeen, 715 18th Ave., county resident for 23 years,
noted that in that period his taxes have gone up 600%, and he has
seen very little improvements in that time other than that the
paving in front of his house has been resurfaced one time. He
did agree that this area needs street lights badly. He believed
that everyone will benefit from them, and he was willing to pay
his share.
Robert Heinz, 6th St., wished to go on record that the
street lighting district for this area should be approved as they
desperately need lights, particularly up 8th Street.
Ethel Gell of Poinciana Park spoke in favor of street
lighting.
OMB Director Baird reported that letters have been received
from residents of the area, as follows:
In Support of Lights
Virginia Bliss
Josephine Foschini
Edna R. Thomas
Lonnie E'. M i xe l l
Deena Rose
Opal & Al Stelow
Jean Kmetz
Mr. & Mrs. William
Dennett
Henry A. Bielsford
Kathryn E. Daucher
Mike & Cindy Livings
57
D E C 2 2 1987
Opposed
Walter C. Ferris
Walter V. and
Barbara E. Mills
BOOK 70 r,1,U 4e37
DEC 2 21987 BOOK 70 F -,AF 438
It was determined no one else wished to be heard, and the
Chairman declared the public hearing closed.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, the Board unanimously adopted
Ordinance 87-68 creating the Royal Poinciana Park,
Glendale Park, and Fresard Glendale Street Lighting
MSTU.
ORDINANCE NO. 87- 68
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, CREATING THE ROYAL POINCIANA
PARK, GLENDALE PARK, AND FRESARD
GLENDALE MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR THE CREATION OF THE TAXING
UNIT; PURPOSE; DETERMINATION OF COST OF
STREET LIGHTING SERVICE OR OTHER
APPROVED SERVICE; LEVY OF ASSESSMENTS,
ADOPTION OF BUDGET; EXEMPTION FROM
TAXATION OR ASSESSMENTS; DISPOSITION OF
PROCEEDS FOR THE DISTRICT FOR STREET
LIGHTING OR OTHER PURPOSES;
INCORPORATION IN CODE; SEVERABILITY; AND
EFFECTIVE DATE.
WHEREAS, the residents of Royal Poinciana Park,
Glendale Park, and Fresard Glendale Subdivisions have
requested that the County establish a mechanism for
providing street lighting service at crucial locations
throughout the subdivisions; and
ORDINANCE 87-68 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN
ITS ENTIRETY.
58
REQUEST FROM CITY OF VERO BEACH FOR E-911 RECURRING -AND NON-
RECURRING COSTS
Administrator Balczun reviewed the following memo:
TO: Indian River County DATE: December 12, 1987 FILE:
Board of County Commissioners
SUBJECT: Request from City of Vero
Beach for E-911 Recurring
and Non -Recurring Costs
�w
FROM: Doug Wright, Director REFERENCES: Chief James Gabbard
Emergency Management Services letter dated 11/29/87
DESCRIPTION AND CONDITIONS
On September 29, 1987, the City of Vero Beach through Chief
of Police James Gabbard advised that the City was in the process
of planning construction of a new police facility to be com-
pleted in January of 1989. As part of the new facility, a new
E-911 emergency service dispatch center was being planned. The
City of Vero Beach requested funds for the costs of the equip-
ment totaling $55,589.00 (one time cost) and recurring fees in
the amount of $2,332.80 monthly or $27,993.60 annually. The
center would operate as a primary PSAP.
The Public Safety Answering Point (PSAP) would meet the require-
ments as set forth in the General Subscriber Tariff Act, A24,
that became effective November 29, 1985.
ALTERNATIVES AND ANALYSIS
The request has been reviewed by the Florida Division of Com-
munications and Indian River County Department of Emergency Manage-
ment Services.
Communications Forms detailing allowable expenses of the Vero
Beach Police Department and Indian River County Sheriff's Depart-
ment were submitted to the Florida Division of Communications
on December 8, 1987 and verbal approval was received on December
9, 1987.
The County is currently paying the recurring fees of $2,332.80
for the City of Vero Beach E-911 system each month. The only
additional cost the County will incur if approved would be the
-one time cost of $55,589.00 to Southern Bell.
Scotty Howell, Account Representative for Southern Bell advises
there are 12,206 fee elibile lines.in the City of Vero Beach.
Based on the projected fee of $.50 per line, $.36 would be used
for recurring costs of the PSAP's and $.14 would be available
for non-recurring fees in which category the $55,589.00 the City
is requesting would be included. Based on the above, revenue
in the amount of $15,379.56 (12,206 eligible lines X $.14 fee
X 9 mos. = $15,379.56) would be,generated in the City over a period
of 9 months. Approximately $30,759 would be generated ,in the
City if growth is not projected over the period of 18 months which
q�
59 Boos 70, Ev;E439
i� •
is the period the fee is authorized to be collected. It is noted
that persons other than residents of the City of Vero Beach
would utilize the PSAP E-911 Center.
RECOMMENDATION
The Florida Division of. Communications recommended that Indian
River County fund the Vero Beach Police Department. PSAP equip-
ment improvements. Staff has some concerns about duplication
Of primary PSAP's, however, with projected growth in the County,
a second primary PSAP would probably be required in the future
in any case. A majority of the larger counties in the state have
more than one PSAP. If the request for $55,589 for the City of
Vero Beach is approved, the Board of County Commissioners should
be aware that a deficit of approximately $39,000 will be incurred
over the eighteen month period. This is based on a non-recurring
projected cost of $160,191 (both PSAP's) and revenue of $120,960
being collected at $.14 per line for 48,000 eligible lines for
the fee period of 18 months permitted by Chapter 365.171, Florida
Statutes, amended.
Chairman Scurlock understood there will be a deficit of
$39,000, and the Administrator explained that is on an 18 month
cycle.
Commissioner Eggert felt that 3 to 5 years down the line we
probably would be ready for a second primary system, but she had
a problem with us putting in a second primary system at this time
at this kind of deficit. She asked if what we are collecting now
covers the $2,332 per month for recurring fees.
Administrator Balczun advised all that the $2,332 monthly
comes from what the county is now collecting. However, we do
two things for the City re E-911 - we underwrite the costs
imposed by Southern Bell, and we don't bill out them our costs of
doing the address assignments, paperwork, 911 mapping, etc.,
which we do for ourselves anyway.
Commissioner Bird asked who the Florida Division of
Communications is and how they are involved in telling us how to
spend our money.
Emergency Management Director Wright advised that the
statutes require that the Division of Communications approve the
split of the recurring and non-recurring fees, and they are a
state agency under the Department of General Services.
Commissioner Wheeler noted that we have the ability over an
60
Lk
- M M
18 month period to collect around $30,000 for non-recurring
expenses and he wished to know where that money goes.
Administrator Balczun stated that any money we collect now
would remain with the county for its system except for the
$2,332.80 per month which supports costs for the City.
Discussion continued, and it was further explained 36� of
the 504 collected is for recurring charges, purchase of tapes,
etc., and 144 is for non-recurring expenses, i.e., capital
equipment. Part is used to offset some of the 911 cost in the
Sheriff's Administration Building and also to offset what the
telephone company charges us for the 911 system and to read the
tapes.
Commissioner Wheeler noted the City has 12,206 eligible
lines, and he asked if the 14¢ collected from those lines will be
spent for capital improvements within the City.
Chairman Scurlock advised it is not geared so that all the
money collected in a particular area must be spent in that
particular area, and OMB Director Baird pointed out that the
South County Fire District presently goes through our 911 center,
and they also work within the City.
Administrator Balczun emphasized, for purposes of the
record, that over a 9 month period we would collect $15,379 from
the City towards non-recurring expenses, and if we grant them the =
$55,000 upfront for non-recurring, we automatically have a
deficit of $30,000.
Vero Beach Police Chief James Gabbard came before the Board
and reviewed the history of the 911 system. In 1982 he believed
both City and County recognized they had a severe problem with
emergency calls, and they got together on a joint venture. The
City of Vero Beach funded its own hardware for its original 911
center located at the Police Department as did the Sheriff. At
that point the County Commission agreed to fund the monthly
service charges. In 1985 the state afforded the counties the
taxing authority to levy the 50� surcharge on everyone's
C 2 2 1987
61 nor. 70 F-AGE441
r 1
DEC 2 21987 soo . 70 P,nv 442
telephone bills, and some 12,000 of those telephones are located
in the City of Vero Beach, which makes up 25% of the total
billable phones in the county. Chief Gabbard thought it is
important to make the point that the City has only gotten the
$2,300 a month over the last several years and not asked for any
more money. He honestly believed the City has not gotten its
fair share of the already gathered revenue, and now they are
asking for a one-time upfront payment of $55,000. He believed
that in 9 months the City of Vero Beach will generate some
$55,000 in revenue from the 504 surcharge on each telephone.
Chief Gabbard stressed that they desperately need some new
equipment, and while his understanding of the law is that the
county is not obligated to give the City anything, just in
fundamental fairness, he felt the county needs to take a hard
look at this and come up with some equitable distribution of
these funds. He knew the Sheriff has spent a great deal on his
new communication center. A lot of that money came from this
account, and the City did not object to that.
Commissioner Eggert pointed out that they are also getting
fire service and all sorts of things out of the Sheriff's center.
Chief Gabbard stated the City can patch through calls the
same as the Sheriff.
Chairman Scurlock felt the basic issue is that when those
monies first became available, a decision had to be made on the
level of service the City wanted, and at that time they didn't
want to participate fully in the 911 system but preferred to have
separate consoles, etc., and we are willing to fund that. The
Chairman believed Chief Gabbard can demonstrate their need for a
second primary system, but with the shortfall, he felt the timing
is wrong.
Commissioner Bird brought up the possibility of funding this
over a 2-3 year period as he felt sure the City could come up
with the money for the equipment if we gave them a pledge that we
would reimburse them over a period of several years.
62
- M M
Chief Gabbard advised they will not need the funding for at
least a year.
Chairman Scurlock suggested committing just enough funds not
to put us in a deficit position, and then go over this again in
another fourteen months or so.
Commissioner Eggert pointed out that they could have been on
the 911 system, but they chose not to be, and, therefore, she has
a problem with putting in a whole new primary system when we
don't need it for 3 to 5 years.
Chief Gabbard noted that the City has a primary system in
operation now, and if the City transferred all their 911 calls to
the Sheriff, he would have to have add personnel as well as
additional equipment. He personally believed there is a need
now.
The Chairman felt if the City wants to duplicate the system,
they have to pay the freight.
Commissioner Wheeler and Commissioner Bird argued that
people in the City are paying for this, and Chief Gabbard stated
that as they are operating now is consistent with many large
cities in Florida.
Chairman Scurlock noted there is the same problem with
Sebastian, Indian River Shores, etc., and if everyone decides
they have to have their own system and not participate, are we
going to say all the monies they generate should go to a.separate
system for that city.
Commissioner Wheeler just felt we should be fair, and the
Chairman conceded that he did feel at some point in time, we will
need the second system, and in his opinion, that system would be
the City of Vero Beach.
William Koolage, interested resident, expressed opposition
to having more than one system, and Commissioner Bowman noted
that we are going to need a second system, and the City
apparently did answer 17,000 calls last year.
DEC 2. 1987 63 @OOK� F'Ar�#•.�
� J
Boos 70 Fvu X44
Commissioner Eggert suggested approving $15,360, and
Commissioner Bowman preferred to make it $15,000 even.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved the
payment of $15,000 to the City of Vero Beach for the
revenue period beginning January 1, 1988 through
September 30, 1988.
REQUEST_ FROM GRAVES_ BROTHERS FOR PRIMARY FIRE PROTECTION FROM THE
SOUTH COUNTY FIRE DISTRICT
The Board reviewed the following memo:
TO: Indian River County DATE: December 12, 1987 FILE:
Board of County Commissioners
SUBJECT: Request from Graves Brothers
for primary -fire protection
from the South County Fire
District
FROM: Doug Wright, Director REFERENCES: Graves Brothers letters of
Emergency Management Services 11/2/87 South County Fire
District letters dated 11/10/8
DESCRIPTION AND CONDITIONS
Graves Brothers Company wrote to the Commission on November 2,
1987, alluding to the fact that the Company owns a 100,000 gallon
elevated water tank that is used by emergency fire vehicles on
occass.ion. It was noted that costs incurred by the Company are
considerable and further that the North County Fire District
would be the initial responder to a fire activity in the area.
The Graves Brothers Company mentions garage space for the Wabasso
Volunteer Fire Department equipment at an abandoned service station
in return for periodic maintenance on their elevated water tank.
Assurances were also requested by Graves Brothers that the South
County Fire District equipment at Winter Beach be made available
to them on a primary basis.
Chief John Allen responded to Graves Brothers on November 10,
1987, advising the Company that all fire fighting activities and
the associated usage of water were the responsibilities of the
volunteer entities in the North County. The proposition relating
to response and maintenance of the elevated water tank was referred
to the Board of County Commissioners.
k 64
In a subsequent letter from Graves Brothers dated November 16,
1987, the Company states that the South County Fire District
Winter Beach station depends on their water tank for water supply
and again request primary fire protection from South County as
well as assistance in maintaining the water tank.
ALTERNATIVES & ANALYSIS
The populace of Indian River County noted in a prior referendum
that the area North of Hobart Road would be provided by the vol-
unteer entities in the North County area funded by tax revenues
through the North Indian River County Fire Taxing District.
To modify or change this responsibility would require another
referendum. Both North and South County Fire District equipment
use the water supply from the elevated water tank at Graves Brothers
on occassion having been given permission prior by Graves Brothers
without any restrictions or concessions.
A meeting was arranged with Charles T. Ranson, Executive Vice
President of Graves Brothers Company by Doug Wright on November
24, 1987, at 2:00 p.m. During the meeting Mr. Ranson was advised
of the responsibilities of the fire districts, and the process
that would have to occur prior to any change in primary responders.
Discussion of the abandoned service station for the Wabasso Vol-
unteer Fire Department and maintenance of the elevated water
tank were covered at length. The use of the service station
would be very short term according to Mr. Ranson and maintenance
of the elevated water tower would be approximately $10,000 every
four to five years.
RECOMMENDATION
Graves Brothers Company was assured that if any fire should occur
at their facility that was beyond the resources of the North
County Fire District to combat and control, Mutual Aid Pacts
are in place to avail the entire resources of Indian River County
on short notice. Mr. Ranson was also advised of the increased
firefighter training - on going in the North County Fire District
as well as the recent acquisition of a 5,000 tanker.
It is recommended that the respective fire districts continue
to serve as primary responder in their assigned district. A
short term resolution to housing the Wabasso Volunteer Fire Depart-
ment equipment in the abandoned service station does not appear
feasible in terms of insurance costs, building repairs, maintenance,
etc. Preferably, Wabasso Volunteer Fire Department should seek
a location for permanent housing of equipment.
The maintenance of the elevated water tank by the North County
Fire District is not recommended due to the financial status
in the North County area and limited revenues generated each
year to operate five fire departments at six locations.
Administrator Balczun believed the memo speaks for itself.
He advised that it is not financially feasible for the county to
fix up that garage for the fire trucks, and staff suggests that
we thank the Graves Brothers for their offer, but respectfully
decline to accept it.
DEC 242 .1987 65 BOOK 70 PAGE 445
L
r
0 E Q 2 21987 BOOK 70 P., a 446
MOTION WAS MADE by Commissioner Bowman, SECONDED
by Commissioner Eggert, to thank Graves Brothers
but decline to accept their offer.
In discussion it was noted that to move a portion of one
taxing unit into another would be complicated in that it would
require new ordinances and a new referendum. County Attorney
Vitunac clarified that it would require two separate ordinances,
one from the North District and one from the South District; it
would not require a referendum, but the property owners would
have to agree 100% to pay the new millage.
.- Charles Ranson, Executive Vice President of Graves Brothers
Company, informed the Board that they were approached by North
County Fire and asked all these questions; so, they are simply
volunteering to allow them to use an abandoned garage on a month
to month basis because they said the county had promised them
funds if they could put their equipment under cover instead of
outside. Mr. Ranson stressed Graves Brothers has a water tower
which has been used quite a few times by the South County Fire
District as well as the North County Fire District; they are
simply asking if they can't be responded to by the South County
District which is 11 miles from their packing house; and if this
cannot be, possibly the tap will be turned off or they would have
to receive some compensation.
Commissioner Wheeler asked what the alternatives are 'if the
tap is turned off.
Director Wright stated that it is not going to be that
significant - North County has a new 5,000 gallon tanker and
mutual aid pacts are in place so the entire resources tankerwise
in the county are available on short notice.
Chairman Scurlock asked if not having this water source
would have any impact on the South County district, and South
County Fire Chief John Allen commented that they are only called
in on mutual aid to respond to that area and he would just say
66
that it has been beneficial being able to utilize that water if
and when they needed it.
Chairman Scurlock asked where they would fill the tankers if
they didn't have that source available, and Chief Allen advised
that they have the capability of drafting water out of swimming
pools, ponds, ditches, etc.
Commissioner Wheeler noted that they wouldn't be the first
responder, but Chief Allen advised that when we notify North
County of a fire within the Wabasso area, we have asked them to
request our unit to respond, and if they would do that, we
probably would be the first unit due to the fact that our people
are sitting there ready to roll.
Commissioner Wheeler asked if he was saying that is not
occurring, and Chief Allen stated that it hasn't been occurring.
Director Wright informed the Board that there have been a
lot of improvements made in the North County District, and they
are continuing to improve their relationship with the South
County. He confirmed that the South County has given them
ultimate support.
Mr. Ranson wished to know if they have a fire at Graves
Brothers whom he should call.
Chief Allen explained that the call would go in to 911, and _
they would relay the call to the South County District, who in
turn.notifies North County. We have asked them to utilize the
Mutual Aid Agreement and request the South County unit to
respond, but they do not always do that.
Mr. Ranson stated that he is very concerned, especially when
he sees the condition of the equipment in Wabasso, and wanted to
be sure someone makes the correct call.
Chairman Scurlock emphasized that the North County District
is responsible for fires in the Graves Brothers area, and the
primary responder would be Wabasso. He advised Mr. Ranson to get
together with the North County Fire Board and demand whatever
services are necessary and a level of taxation to support them.
67 Boa 70 E'mrt 447
DEC 22'087
DEC 22 1987 1
BOOK 70 P,1E 448
Director Wright advised that the issue of equipment sitting
outside at Wabasso is being addressed.
Considerable discussion continued, and Commissioner Eggert
stated that she would like to work on the Mutual Aid aspect.
Commissioner Bird noted that obviously we cannot work out
today getting them in the South County District, but as far as
using the empty service station is concerned, he believed it
would be a tremendous plus for the Wabasso Fire Station if there
is some way we can encourage Graves Brothers to allow this, even
on a month to month basis.
Di.rector Wright noted you must consider factors such as the
cost of repairs and insurance just to get in for a short term.
He believed we need to look for permanent housing rather than
something temporary.
Chairman Scurlock pointed out that the Graves Brothers water
tank is there for their insurance purposes and also to feed their
sprinkler system. The tank was built for the packing house, not
the county.
THE CHAIRMAN CALLED FOR THE QUESTION on the Motion
to decline Graves Brothers' offer.
It was voted on and carried unanimously.
Commissioner Eggert had to leave the meeting at 12:45 P.M.
to keep a medical appointment and asked that the item under her
matters - Discussion regarding Organizational Chart - be carried
over until the first meeting in January.
ACCEPTANCE OF TREATMENT PLAN FROM WESTPORT UTILITIES CORP.
Utilities Director Pinto came before the Board in regard to
the following offer from Westport Utilities:
68
WESTPORT UTILITIES CORPORATION
1 JOHNS ISLAND DRIVE . VERO BEACH, FLORIDA 32960 . PHONE 562.9071
December 21, 1987
Board of County Commissioners
Indian River County
1840 - 25th Street
Vero Beach, FL 32960
Attention: Mr. Terry Pinto, Director of Utilities
Re: Westport Utilities Wastewater Treatment Plants
Dear Mr. Pinto:
Confirming our conversation of last week, this is to advise you
that Westport Utilities will make a gift of the wastewater treat-
ment works located just.south of the golf course maintenance
building in John's Island. The major units involved are:
1. 500,000 gallon Sanatair contact stabilizer
plant, complete with blowers, flow meters,
et al.
2. 250,000 gallon Davco treatment plant with all
accessories, including blowers, meters, et
al.
3. One 750,000 gallon per day tertiary filtration
plant to include backwash pumps,•controls,
et al, including antharcite media:
4. Chlorinator, including cabinet.
5. All electrical control panels.
6. One 15,000 gallon surge tank.
The above listed are the major elements and all other elements
connecting bridges, pipeing, etc., are included.
The recipient shall be responsible for removing all structures
above ground with the exception of the laboratory building and
the blower building. The recipient will be entitled to remove
all electrical control gear in the blower building.
The site will be left clear of all debris, steel, etc., and graded
smooth. Any deficiencies in the fill necessary to provide the
above, will be furnished by the donor to the recipient, other
than grading. The recipient will be entitled to remove any and
all underground piping he may choose that is not functional to
the operation at the facilities now connected to the City of
Vero Beach.
The donation by Westport Utilities is being made to Indian River
County on the condition that this agreement be finalized by
December 31, 1987, and that the above described facilities be
removed and the yard graded prior to June 1, 1988.
Very truly yours,
Linda L. Calmes
Vice President, Finance
DEC 2 2 1987 69 Boy 70 PnE 449
DEC 2
199
Boor
70 Pd GF 450 ,
Director Pinto
informed the Board that the Town
of Indian
River Shores and John's Island are not going to be using that
treatment plant since they have connected into the City of Vero
Beach; and "Flip" Lloyd representing Westport Utilities Corp.
asked if we would be interested in taking that plant as a
donation. Director Pinto reported that he has inquired into the
cost of removing this system, and was given a low figure of
$35,000 and a high figure of $75,000. The value of the plant is
substantially more than that, and he would recommend the Board
approve receiving the plant as a gift and proceeding with having
it removed under the conditions of the letter. If we should find
that we don't need it, there is a market that we can recover all
of our costs by resale.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, Commissioner Eggert having
left the meeting, the Board unanimously (4-0)
accepted the donation of the wastewater treatment
works from Westport Utilities and authorized staff
to proceed with having it removed, per letter from
Westport Utilities.
1988 INDIAN RIVER COUNTY/FIREFIGHTERS' FAIR - AGREEMENT
Attorney Vitunac reviewed the following:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: December 16, 1987
RE: 1988 INDIAN RIVER COUNTY/FIREFIGHTERS'
FAIR - BOARD MEETING DECEMBER 22, 1987
The County recently signed an agreement with the State of
Florida to allow the Board of County Commissioners to
operate a state -authorized County fair for 1988. The
agreement allows the County to contract for the actual
_ management of the fair.
70
The attached agreement between the County and the Vero Beach
Firefighters would have the Firefighters hold the fair for
the 1988 year under the same general terms and conditions as
occurred last year. The firefighters would be obligated to
comply with the agreement between the State and the County
and would pay the County $5,000 from proceeds of the fair.
The staff recommends approval of this agreement and requests
the Board authorize the Chairman to sign the agreement as
well as the attached application and affidavit which must be
submitted to the State in order to receive a Fair Permit.
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Wheeler, the Board unanimously (4-0) approved
the Agreement with the Firefighters Assoc., Local 2201,
re operation of the 1988 County Fair and authorized
the Chairman to sign the Agreement as well as the
application and affidavit necessary to receive a
Fair Permit.
A G R E E M E N T
THIS AGREEMENT, made this day of ,
1987, by and between INDIAN RIVn-7MUNTY, political
subdivision of the STATE of Florida, 1840 25th Street, Vero
Beach, FL 32960, (305) 567-8000 .(COUNTY), and VERO BEACH
FIREFIGHTERS ASSOCIATION LOCAL 2201, IAFF, INC. and the VERO
BEACH FIREFIGHTERS ASSOCIATION, INC., Post Office Box 1974,
Vero Beach, FL 32961 (FIREFIGHTERS),
W I T N E S S E T H:
WHEREAS, the COUNTY desires to conduct a .I IC
fair or exposition in accordance with Chapter 616, Florid:
Statutes, for the benefit and development of th.
agricultural, horticultural, livestock, and other resources
of the STATE and of the county; and
WHEREAS, the COUNTY wishes to contract with
someone to operate the fair; and
WHEREAS, the FIREFIGHTERS have demonstrated their
competence to conduct such a fair or exposition for the
benefit of the county by giving the fair in past years;
NOW, THEREFORE, the COUNTY and the FIREFIGHTERS
agree as follows:
1. The COUNTY will apply to the STATE of Florida,
Department of Agriculture and Consumer Services, Bureau of
Fairs and Expositions (STATE), for a fair permit to conduct
a county.fair for calendar year 1988 and be responsible for
all matters pertaining to such permitting.
2. If a permit for a county fair is issued by the
STATE to the COUNTY, the FIREFIGHTERS shall manage the fair
in 1988 for the COUNTY in accordance with the agreement
between the STATE and the COUNTY and the terms and
conditions of this agreement, except that the COUNTY will
:DEC 22 17 71 BOOK 70 f.`Gr 451
BOOK 70 pn 4:52
have primary responsibility for coordinating agriculatural,
Livestock, and food exhibits. The FIREFIGHTERS may include
their name with the county fair. The FIREFIGHTERS shall
have sole authority of.'operation of the county fair and
direct all policies pertaining toward said operation,
subject to approval by the COUNTY Administrator.
3. The -.FIREFIGHTERS will arrange all contracts
for amusements, entertainment, and any commercial exhibits
or matters which they feel will enhance the fair.
4. The FIREFIGHTERS will provide temporary
structures for entertainment and commercial exhibits. Any
other organization contracting with -the FIREFIGHTERS will
provide its own temporary structure with approval of the
FIREFIGHTERS. The FIREFIGHTERS will negotiate for these
organizations to obtain temporary structures at the best
possible prices. All such other persons or organizations
shall have proof of liability insurance acceptable to the
COUNTY.
5. The FIREFIGHTERS will provide volunteer and
- other help to man the fair. The FIREFIGHTERS will provide
adequate security for the fair and.wiil provide sufficient
volunteers or paid security guards to maintain crowd control
at all times while the fair is underway.
6. The FIREFIGHTERS will provide electricity and
pay all electric and other utility bills while the fair is
open to the public, as well as for those dates on which the
fair is being set up and removed.
7. The FIREFIGHTERS will pay all fees and costs
--- necessary to conduct the fair excluding operation of
agriculture, livestock, and food exhibits and will maintain
records in accordance with sound accounting practices and
procedures showing all costs, expenses, as well as all
receipts and proceeds from the fair which will be audited by
a STATE certified C.P.A., and a copy of the audit will be
turned over to the COUNTY at the end of the fiscal year,
which is June 30th or as close after as possible. The
FIREFIGHTERS will provide all accounting required by the
STATE to maintain the fair's STATE permit.
8. The FIREFIGHTERS will provide, in addition to
fire insurance, liability insurance coverage in an amount of
not -less than $500,000 per individual injury and $1,000,000
per occurrence during the term of the fair. The COUNTY
shall be named as co-insured on the policy and copies of the
policy shall be submitted to the COUNTY at least two weeks
prior to the start of the fair.
9. The FIREFIGHTERS will pay the COUNTY $5,000 at
the time a certified audit of the fair is presented. The
FIREFIGHTERS may keep 100% of the profits of any food,
concessions and hold exclusive rights to food concessions,
although proper reporting shall still be made.
10. The COUNTY will provide trash containers,
garbage collection, and sewage pickup following the fair and
will maintain all water and electricity systems.
11. The FIREFIGHTERS will provide sanitation and
adequate restroom facilities for persons attending the fair.
12. If the FIREFIGHTERS are unable to reach an
acceptable contract to provide a midway, or if the
FIREFIGHTERS cannot adequately man the fair, then the
72
- M
FIREFIGHTERS shall provide to the COUNTY notice that it will
not manage the fair of at least 90 days before the fair is
to open. Otherwise, all the terms of -this agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the proper officials of the
COUNTY and the FIREFIGHTERS have executed this agreement on
the date set forth next to their signatures.
Date December 22, 1987
Approved as to form and
legal sufficiency:
C arses itunac
CQUNTY Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By - Z�4 -
r- r-
on cur f oc V.
Chairman=
(Corp. Seal)
roved f o r Administrative Approved for Budget & Insurance Matters:
COUNTY Admini
Date
A I
test:
Joep R. a an,
Sec etary/Treasurer
VERO BEACH FIREFIGHTERS
ASSOCIATION LOCAL 2201, IAFF,
INC. and VERO BEACH FIRE-
FIGHTERS A
IRE-
FIGHTERSASSOC I AT I O ,C.
By
-DTT6our-6--1`ripp, F.
President
Approv d forXF*ratter$-�--
2
ob Komarinetiz, Director Golf
(Seal)
ITEMS TO BE DISCUSSED BEFORE_LEGISLATIVE_DELEGATION
County Attorney Vitunac noted that at the last meeting the
Board brought up some items for him to discuss with the Legis-
lative Delegation in January at City Hall, and he would like some
direction on those items, which are set out as follows:
Boor. 70 i,,vu 453
D EG 2 2 1987 73
L
DEC 2 2 1981 BOOK
70 454
LIST OF ITEMS OF COUNTY CONCERN
TO BE DISCUSSED
BY CHARLES VITUNAC, COUNTY ATTORNEY
BEFORE THE LEGISLATIVE DELEGATION
AT THE LOCAL MEETING AT
CITY HALL ON WEDNESDAY, JANUARY 27, 1988
1. Annexation of Town of Orchid
2. Road Improvements - State Road 60
3. Continue to push for local tax options and operating
money/no referendum
4. Voice .County objections to unreasonable
State mandates re: County Jail
S. Medical Malpractice
6. Library Grants
7. Health Building - State funding
8. Primary Care
9. Oppose Senate Bill 19 re: HRS not having county say so
In Health Director
(1) Re annexation of the Town of Orchid, Attorney Vitunac asked
if the
Board wants him to do what
we did last
year.
He
felt
unless
Representative Patchett is
in favor of
this,
it
stands no
chance.
Chairman Scurlock noted that last year, he and Attorney
Vitunac appeared to present our views on annexing the Town to the
Delegation, and the owners of the Town argued that they were
responsible citizens and loved the community. The delegation
felt no harm has been done; so, they said leave it the way it is.
The Chairman understood the Town now has been sold lock, stock
and barrel, and he felt it is a time bomb ticking away.
Discussion continued, and Commissioner Wheeler felt possibly
we should have the new owners come before the delegation and make
the same commitment.
74
Chairman Scurlock saw no reason for the Town to exist. The
owners could keep changing on a continuing basis, and his main
fear is that they will use the town as a developer's vehicle to
circumvent zoning.
Commissioner Wheeler favored putting this matter back on the
list and letting the delegation know our feelings as he felt the
best we can get is a new commitment from the new owners.
Commissioner Bird wished to know specifically what we would
ask for, and Chairman Scurlock stated that it would be the
abolishment of the Town of Orchid by a Special Act.
Commissioner Bird advised he would not vote for that. He
felt we should ask the owners to come before the Board so we can
express our concerns and let them tell us what their plans are.
Chairman Scurlock polled the members and informed Attorney
Vitunac that it appears the Board is 3 to 1 in favor of asking
for abolishment of the Town of Orchid, Commissioner Bird being
opposed.
(2) Discussion ensued re pushing for four-laning of State Road 60
out to the Turnpike, and Commissioner Bowman felt we should go
for an Authority.
Commissioner Wheeler stated that he needed to know a lot
more about it before he would push for a toll road. It was
agreed to push for four-laning and consider all options.
(3) Re continuing to push for local tax options, Attorney Vitunac
advised we still have the option, but there is a Bill by the
Florida Association of Counties to do away with the referendum
requirement and let the Boards do it by vote. The Chairman
preferred having a referendum, and so did Commissioner Wheeler.
(4) Attorney Vitunac felt we are doing well with the state re the
jail now and did not want to rock the boat.
Chairman Scurlock
L_ C 2 2 1987, 75 BOOK 70 F}1GE 455
DEC 212 1987 BOOK 70 Fmu 456
emphasized that he wanted to voice objection to unreasonable
state mandates in general, not just the jail.
(5) The Board indicated that they would like the issue.of Medical
Malpractice addressed in a more responsible fashion and also add
General Torts.
(6) Library Grants. It was agreed to pursue all the money we can
get.
(7) Health Building. Indicate we want the state to pay for it
since they have tol.d us we should build it.
(8) It was agreed to cross out Primary Care. Attorney Vitunac
clarified that we have sort of got our toe in the door on funding
Primary Care. This was Commissioner Eggert's item and he
believed she had crossed it off.
(9) It was agreed to oppose Senate Bill 19 re HRS not having
county say so in Health Director.
LEASE AGREEMENT FOR PROBATION OFFICE
The Board reviewed memo from Assistant County Administrator
Mattes:
76
TO: Board of County Commissioners DATE: December 16, 1987 FILE:
SUBJECT: LEASE AGREEMENT FOR
PROBATION OFFICE
FROM: Perry Mattes REFERENCES:
Ass t. County Administrator _
DESCRIPTIONS AND CONDITIONS
In order to facilitate the relocation of the County Administrator's office
to a more accessable location, as was discussed at the Board of County
Commissioners 12-15-87 meeting, it is necessary to relocate other offices.
Mr. Don Cureton, Probation Officer, has expressed a desire to be relocated
closer to the Courthouse environment and the source of the clients with
whom he deals. Upon Chairman Scurlock's suggestion we have begun
negotiations with the representatives of the Pocahontas Building in order
to secure an annual lease of adequate office space for the Probation
Division.
RECOMMENDATION
Staff requests the -•Board of County Commissioners to agree to the relocation
intent and to"tentatively approve the lease, details of which are not
available as of this writing.
Asst. Administrator Mattes informed the Board that since he
wrote the memo, there have been some changes. He asked staff to
look at a total of four buildings. The Pocahontas Building will
require extensive remodeling and we also have a cabling problem
in regard to connecting to the data processing system. It,
therefore, appears the Pocahontas Building is not suitable for
the needs of the Probation office. They also looked at the old
School Board Building, which was the Detective Bureau, and found
the same problems. They investigated the Clem Building, which is
suitable, but it is not available until sometime in February.
They then looked at the old Grant Building (Vero Furniture),
which is ready and available with minimum alterations. There is
a cabling problem, but because of its accessibility, there is a
chance we can tap in on the existing cabling system.
BOOK 70 FAGF.457
77
O � C 2 2 1987
BOOK 70 F�1GF 458
Chairman Scurlock inquired if this would allow the Probation
Office to move and Mr. Baird to move his office into their
present location without any modifications of any substantial
nature to that area, and that would be a permanent relocation for
Mr. Baird.
Mr. Mattes confirmed that it would, at Mr. Baird's option.
He further confirmed that this would allow the Administrator to
move downstairs into the present Budget office and himself to
move in from 'North Siberia.'
The Chairman wished it further confirmed that this move
would also allow the Administrator and Assistant Administrator,
when the new facility is ready, to move out and move in Insurance
and other things that need to be next to Personnel, and it also
eventually would allow Probation to be close to the Courthouse.
Mr. Mattes stated that in their opinion, it would satisfy
their immediate short term needs and go a long way toward their
long range plans also.
Mr. Mattes informed the Board that the lease for the Grant
Building space works out to the attractive figure of $5.45 per
square foot, plus telephone plus electricity, or about $700 a
month. They have not even entered negotiations with the landlord
as yet, but would like to be able to.
Chairman Scurlock believed we charge about $8.50 per sq. ft.
for our office space here in this building.
Administrator Balczun suggested the Board authorize the
Chairman to enter into whatever agreement is necessary to secure
this property so we can proceed hastily.
ON MOTION by Commissioner Wheeler, SECONDED by Commis-
sioner Bird, the Board unanimously (4-0) authorized
the Chairman, if acceptable terms can be negotiated,
to enter into a lease agreement for space in the old
Grant Building for the Probation Office.
78
Chairman Scurlock advised that the reason for the delay in
the renovation of the Utilities office is that the architect has
not gotten us back anything but line drawings and no more
demolition can take place.
Mr. Mattes reported that they called the architect again
just yesterday and can only get promises.
RESOLUTION AUTHORIZING IMPOSITION OF A COUNTYWIDE E911 TELEPHONE
FEE FOR RECURRING AND NON-RECURRING CHARGES
Administrator Balczun reviewed the following:
TO: Indian River County DATE: December 12, 1987 FILE:
Board of County Commissioners
SUBJECT: Resolution Authorizing
Imposition of a Countywide
E911 Telephone Fee for recurring
and Non-recurring Charges
FROM: Doug Wright,Director REFERENCES: Chapter 365.171, Florida
Emergency Management Services Statutes
DESCRIPTION AND CONDITIONS
Indian River County approved imposition of a .50 fee per line
per month up to a maximum of 25 exchange lines for non -re
curring charges related to the E-911 System on April 23,
198.6. The period authorized by Resolution number 86-22 was
eighteen (18) months. The eighteen consecutive month period
expires in December, 1987.
During the Legislative session of 1987, the Legislatdre en-
acted House Bill 522 which amended Section 365.171, Florida
Statutes, entitled "The Florida Emergency Telephone Act"
to permit the imposition of a "911" fee on all residential
and business telephone lines to pay for recurring and non-
recurring charges assessed to the county wide "911" emergency
telephone system.
The fee may not exceed $.50 per line per month up to a max -
mum of twenty-five (25) access lines per account. The fee
would be in effect for a period of nine (9) months (end of
fiscal year) from the effective date of the Resolution at
which time it will be reviewed by the Board of County Com-
missioners. The non-recurring portion of the $.50 cap would
be in effect for a period of eighteen months. The recurring
portion of the authorized cap would be a continuing assess-
ment reviewed annually by the Florida Division of Communi-
cations and The Indian River County Board of County Com-
missioners. Southern Bell Telephone Company is authorized
to collect an administrative fee equal to 1 percent of the
total fee collected.
DEC 22 1987 79 BOOK 70 FACE 459
E� 1987
Boa 70 P,�Ia 460
ALTERNATIVES AND ANALYSIS
A proposed E911 System Sumary of Expenses allowable by Section
365.171 amended, was submitted to the Florida Division of. -
Communications on December 8, 1987, and verbal approval
.given on December 9, 1987.
Southern Bell projects there will be 48,000 eligible lines
to be assessed this fee during fiscal year 1987/88. This
would generate revenue of approximately $155,500.00 for re-
curring charges (.36) and approximately $60,500.00 for non-
recurring charges (.14) over a nine (9) month period. Prior
to the end of fiscal year 1987/88 the fee would be reviewed
and adjusted as required. The non-recurring fee would be
collected for a period of eighteen months per the statute.
RECOMMENDATION
Staff recommends approval of the Resolution imposing the
recurring and non-recurring E911 system fees. This is a
small fee to pay for the level of service provided to the
populace assuring them of a timely response in an emergency
thereby protecting life and property on a 24 hour basis year
round.
The fees will be used to fund the two primary PSAP's in Indian
River County as well as to plan and continue to improve the
system enhancing public safety.
ON MOTION by Commissioner Bowman, SECONDED by Commis-
sioner Wheeler, the Board unanimously (4-0) adopted
Resolution 87-153 providing for the imposition of a
countywide E-911 Telephone Fee for both recurring and
non-recurring costs.
�--. RESOLUTION - 87-153
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT
OF A COUNTYWIDE "911 TELEPHONE FEE TO PAY FOR RE-
CURRING AND NONRECURRING CHARGES; PROVIDING FOR SEVERA-
BILITY; PROVIDING FOR INCLUSION IN THE INDIAN RIVER
COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the
amended Section
Florida Emergency
of a "911" fee
lines; and
Legislature enacted House Bill 522 which
365.711, Florida Statutes, entitled "The
Telephone Act" to permit the imposition
in all residential and business telephone
80
WHEREAS, this fee may be used to pay for all recurring
and nonrecurring charges assessed to the county wide "911"
emergency telephone system; and .
WHEREAS, this fee may not exceed $0.50 per line, per
month; and
WHEREAS, the "911" fee will generate revenue which will
pay the cost of providing such service throughout the County
including the various municipalities; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA:
Section 1, That the Board of County Coommissioners
hereby establishes a fee of $.50 per month, per access line
up to a maximum of 25 access lines per account. This fee
shall be in effect for 9 months from the effective date of
this Resolution at which time it shall be reviewed by the
Board prior to the beginning of Fiscal year 1988/89.
Section 2. That in accordance with the provisions of
Section 365.711, Florida Statutes, Southern Bell Telephone
Company shall collect such fees less an administrative fee
of an amount equal to 1 percent of the total "911" fee collect-
ed by Southern Bell.
Section 3. That in accordance with the provisions of
Section 365.171, Florida Statutes, Southern Bell shall provide
to the 'County a list of the names, addresses, and tele-
phone numbers of any and all subscribers who have identi-
fied to Southern Bell their refusal to pay the "911" fee.
Section 4. That pursuant to the authority set forth
within Section 365.171, Florida Statutes, Indian River County
hereby indemnifies and holds harmless Southern Bell Telephone
Company against liability for damages resulting from or in
connection with "911" service or identification of telephone
numbers, addresses, or names associated with any person
accessing 11911" service, except if Southern Bell acts with
malicious purpose or in a manner exhibiting wanton and willfull
disregard of human rights, safety or property in providing
such services.
81 BOOK / ® F"�c
E�� 461
C
DEG 2 2.19x7 Boa70 F,) 46
Section 5. That the Board hereby authorizes that a
letter be sent to Southern Bell notifying them of the im-
position of the fee, that the fees shall be collected by
Southern Bell less an administrative fee, that Southern
Bell shall provide the County with the above -referenced list
and request written acknowledgement from Southern Bell re-
garding the imposed fees and other matters set forth within
the letter.
Section 6. SEVERABILITY.
If any section, sentence, clause or phrase of this
Resolution is held to- be- invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions
of this Resolution.
Section 7. EFFECTIVE DATE.
This Resolution shall become effective December 22., 1987.
The foregoing resolution was offered by Commissioner
Bowman who moved its adoption. The motion was
seconded by Commissioner Wheeler and, upon being
put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed
and adopted.this 22nd day of December, 1987.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY yZY
ATTEST: Don C. Scurlockr.
Chairman
Freda Wrig �, C �
. e
Approved as to form .
and legal sufficiency:
arles P. Vitunac
County Attorney
-1" . '4��
I AA -
82
.
PURCHASE OF CCMMUNICATION EQUIPMENT FOR COUNTY SYSTEM
Administrator Balczun reviewed the following, noting that
staff is merely saying we are ready to proceed to acquire the
equipment the Board funded, and they intend to acquire G.E.
equipment because of compatibility.
TO: Board of County DATE: December 16, 1987 FILE:
Commissioners
SUBJECT: Purchase of Communication
Equipment
�
FROM: Doug Wright, lDirector REFERENCES: 1987/88 Approved Budget &
Emergency Management Services Five (5) Year Communications
DESCRIPTION•AND CONDITIONS
On July 9, 1985, the Indian River County Board of County Com-
missioners approved and caused to be implemented a five year
Master Plan to upgrade county communications to a trunking system.
This system provides each agency autonomy on a daily basis as
well as the capability to activate a common net to communicate
with other agencies for inter -agency needs.
The approved 1987/88 budget includes some $43,000 for trunking
radios for Emergency Management, Road & Bridge and Fleet Management
in accordance with the five year plan.
Since General Electric radio equipment is exclusively used by -_
the County for the trunking system, permission is sought to con-
tinue to purchase G.E. equipment since it is on the GSA schedule
under Contract #GSOOK87AGS0618, FSC Group 58, Part VII, Commer-
cial, Non -Tactical Radio, FCC Class 582D, Pages 2-2 thru 2-6a.
ALTERNATIVES AND ANALYSIS
The trunking -radio system in use by Utilities, Parks and Landfill
is state-of-the-art equipment. The radio equipment is available
on the GSA price schedule, but other factors also suggest that
the County should remain with G.E. equipment.
1. Signaling in 800 mHz trunking radios is done thru
.mobiles to each station and five channels are
available.
2. Other major radio equipment vendors use one of five
channels for data transmission. If the data channel
goes down, the other four channels are not accessible.
3.
G.E. trunking radios are already in service in Util-
ities, Landfill, and'parks.
83 BOOK 7R Pklu 463
EC 2 2 M87
I
BooK 0 � 4 Uc
` 464
4. Major interface problems would be encountered
if another major brand was purchased with ex-
isting radio equipment.
5. Local support available on 24 hour basis year
round.
6. 41% discount is available from GSA list price.
7. Exchange of radio equipment from vehicle to
vehicle without harness change is available if
one brand of radio equipment is used for trunking.
The trunking radio system will allow for expansion as well as
meet. -or exceed present needs.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
the continued purchase of G.E. equipment from the GSA contract
in lieu of bids. Personalities aside, it is late in the five
year plan to change the type of equipment used in the planned
county wide system. If approved, plans will be put into motion
to cause the radios to be installed in Road & Bridge vehicles
over the holidays to prevent a major impact on the department
work schedule.
ON MOTION by Commissioner Bowman, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
authorized staff to continue purchase of G.E.
communication equipment from the GSA contract as
recommended above.
DISCUSSION OF PHASE It OF THE JAIL - ARCHITECT AND CONTRACTOR
Administrator Balczun reported that representatives of
Frizzell Architects and Schopke Construction are present today in
order to keep the Board informed of the problems with Phase II of
the Jail and why it is not yet open,
Dalas Disney of Frizzell noted that Mr. Schopke is involved
with the day to day activities, and he would prefer that Mr.
Schopke speak first and explain why the building is not open,
after which he would like to be allowed to address the Commission
with a list of three options.
Mr. Schopke wished to make the point that they did not have
approval to obtain all the electronics equipment until May of
1987 and had a completion date in June, 1987, which did not seem
84
realistic. They asked repeatedly for time extensions and were
denied time and again.
Commissioner Wheeler informed the Board that the committee
has gone through this again and again, and last month sat down
with Mr. Schopke and the architect and agreed to bury everything
prior to November 9th. He, therefore, was not interested in
hearing anything that occurred prior to that date.
Mr. Schopke agreed that was correct, but he had had felt
the rest of the Commission were unaware of all this. He then
stated that they did deliver the materials they said they would
deliver on the date that was set and they have been working
feverishly since then to get them on line. They had a problem
with the intercom system that even the Dukane people could not
identify for sometime. It was delivered and put on line and
kept going down, but they finally got it worked out. Their sub-
contractor pushed a little too hard for substantial completion
last week, and it all just came apart at the inspection. Mr.
Schopke contended that even if they were complete right now, the
county couldn't use the building because the county's site work
is not completed.
Attorney Vitunac believed that was waiting until we could
have access without everything being trampled.
Administrator Balczun, for purposes of the record, advised
that the county is in total control of when it pulls the trigger
to do the site work. If the Board wants it done in five minutes,
we will start in five minutes; so he felt that is a moot point
and should not be debated.
Mr. Schopke argued that there is some time involved because
they cannot get the county in the building until that work is
completed, and he is talking about retention ponds and roads,
which do not have anything to do with electronics.
Owner's Representative "Sonny" Dean reported that the county
has been working on site work for the past 30 days, and he did
not know what specific area Mr. Schopke is alluding to. The only
DEC 4 2.19 7 85 mor 70 F.��� M
DEC 1937 Boa 70 'P4F 400
thing he is aware of is that on the south end of the building we
are installing a culvert to get across to remove washing machines
and driers from Phase I into Phase II. However, we could move
into the jail and have the laundry taken out; so, that is no
problem. The problem is that the electronics are not complete.
Administrator Balczun agreed that the issue is when will the
electronics be fully installed and fully operable.
Discussion ensued regarding the fact that these are the same
organizations with whom we came to an agreement about 6 weeks ago
as to how they would divvy up among themselves what they owed in
liquidated damages, and the county would extend 20 days to allow
the detention electronics to be in, and the fact is that they are
not.
Mr. Disney, of Frizzell Architects, confirmed that on
November 9th, a $15,000 reduction in liquidated damages was
agreed upon to compensate for this. He continued that upon
inspection for substantial completion, they found major items
without which the facility cannot be used. Mr. Disney then
reviewed in detail the considerable number of various items that
did not work at the time of their inspection and caused them to
terminate the inspection. That was Thursday of last week, and
they forwarded a list of the items to Mr. Schopke's office,
requesting a schedule update, and they have nothing confirmed in
writing as of this date as to what date we will be completed.
Chairman Scurlock noted that we negotiated the $15,000
liquidated damages early in November and now the clock has
started ticking again.
Mr. Disney advised that the $250 a day penalty started up
again on the 18th of November. We are currently 35 days past that
with an additional $8,750 in damages on top of the $15,000, or a
total of $23,750 at this point.
Mr. Schopke informed the Board that the sub -contractor says
they will have everything in place and ready for inspection the
5th of January; they cannot make it sooner due to the holidays.
86
They had felt most of these items listed could have been done
after substantial completion, and that is why they called for the
inspection.
Mr. Dean informed the Board that near the completion of
Phase 1, the architect held an inspection with the D.O.C. present
and issued a substantial completion, but it was three months
later before we could move into that jail because of the
electronics. It, therefore, has been his instruction to the
architect that we would in no way accept a substantial completion
this time until we could move into facility and use it as
designed in the contract documents and until those electronics
work properly.
Mr. Disney presented the Board with the following three
options and their consequences:
1) Remove the contractor from the project. The consequences are
the possibility of additional time above and beyond whatever it
will take right now to complete the project and also possible
loss of all of the warranties, as well as very probably a fight
with the contractor's bonding company, a continuing problem with
the D.O.C., and an inevitable legal battle with the contractor.
2) Leave the project qo_as it is right now and simply wait for
Schopke to finish_it_at the_continuing pe6a1ty_2f_$250 a day.
The consequences are unknown completion time, which has been
stated as being January 5th, possible problems with the D.O.C.,
and continued possible non-performance of subcontractors when
other items are found to be faulty.
3) Leave the project as itis now at $250 a day damages and go
ahead and contact Shopke's bonding' company_ and start_ a separate
legal action for any damage's that_have been incurred.
consequences 6e ng tFie same unknown timeframe, prooTems with
D.O.C., possible non- performance of subcontractors, legal fights
with contractor and his bonding company, etc.
Commissioner Wheeler asked how much money we are holding
back now, and Mr. Disney stated 100 or the contract, or about
$190,000.
Commissioner Wheeler felt that would seem ample incentive to
move this thing along and finish the job.
87 HOK 7Q 467
DEC
Boa
70 FAGF 468
Mr.
Schopke assured the Board that he has done
everything he
can short of holding a gun to the sub -contractor's head, and he
certainly would never use them again.
Commissioner Wheeler believed that at this point Option 2
would seem the most logical.
Chairman Scurlock agreed that hopefully Option 2 would get
the job complete, but if it shouldn't, he wanted to be very sure
that we do not lose any of our other options.
Attorney Vitunac assured the Chairman that by choosing
Option.2, we would not be waiving any other rights we might have.
Administrator Balczun, on being asked for staff's opinion,
also recommended Option 2; although, he felt none of the options
are very good.
Commissioner Bird noted we have been given a date of
completion of January 5th, and he wanted to be sure that whatever
site work we are responsible for will be completed by then.
Mr. Dean confirmed that will be done, but continued that one
area that must be addressed by Schopke is the vinyl flooring in
the jail. Some of it must come up and be replaced.
Mr. Schopke was not sure it must be replaced and reported
that they have the national representative coming down to look at
it on Thursday. There are some bubbles and possibly the glue was
bad.
Mr. Disney stated that he will review the recommendation of
the floor manufacturer, but at this point, we do not have a floor
that is acceptable.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) approved
Option 2 as recommended by Frizzell Architects, i.e.,
simply wait for Schopke to finish the project at a con-
tinuing penalty of $250 a day.
88
There being no further business, the Board upon Motion duly
made, seconded and carried, adjourned at 1:30 o'clock P.M.
ATTEST:
Clerk
Chairman
DEC 22 1987 8 9 Boa 70 Fv,E 469