HomeMy WebLinkAbout4/19/1988Tuesday, April 19, 1988
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,
April 19, 1988, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard
N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present
were Charles P. Balczun, County Administrator; Charles P.
Vitunac, Attorney to the Board of County Commissioners; Joseph
Baird, OMB Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Attorney
Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the addition of the following
items to today's Agenda:
1) As Item 7 on the Consent Agenda, a Proclamation for
Volunteer Week.
2) A Resolution requesting certain changes to Florida
Statutes relating to County Correctional Planning
Committees.
3) C.O.R.E. proposal for planting sea oats on the dune at
the County Tracking Station Park.
4) Two Resolutions regarding FmHA loan application for Bent
Pine funding (Gifford Sewer Project).
Commissioner Bird requested the addition of the appointment
of Ann Bert Reuter to Economic Opportunities Council as Item 9 on
the Consent Agenda, and the addition of a report on the Parks &
Recreation Committee under his items.
Commissioner Eggert requested the addition of a brief report
on Phase II of Victory Park, and Commissioner Bowman requested
the addition of a discussion re the proposed new Regional State
Office Building in Ft. Pierce.
AFS 191988
BOOK 72 FACE 82
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously added
the above items to today's Agenda.
INTRODUCTION OF ROBERT McCLARY, SEBASTIAN CITY MANAGER
Sebastian City Councilman Peter Vallone introduced newly
elected Mayor Richard Votapka, who in turn introduced Robert
McClary, Sebastian's first City Manager.
Mr. McClary thanked everyone for their kind words of intro-
duction, and expressed his enthusiasm and optimism for the City
of Sebastian's future. He wished to begin his new position by
urging the County Board of Commissioners to approve funds from
the Florida Boating Improvement Fund to replace the finger docks
at the Sebastian boat ramp.
Chairman Scurlock thanked the Sebastian officials for coming
this morning, and felt confident that the cooperation between the
County and the City would continue to stay on a positive note.
He emphasized that the Commission realizes that Sebastian is the
fastest growing community in the County and they are ready and
willing to commit the necessary resources to see tha •good growth
and good planning take place. The Chairman also felt confident
that the Commission will extend every effort for participation in
joint programs with the City.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of 3/22/88:
There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Minutes of the Regular Meeting of 3/22/88, as
written.
2 BOOK
APR 191988
w
ig
PACE 83
CONSENT AGENDA
1. Reports
Received and placed
the Board:
Inspection Repo
Facilities, 1st
River County Ja
Traffic Violati
name for month
Traffic Violati
Month of March,
on file in the Office
rt, County
Annual Rou
il, 3/2/88
ons, Month
of March, 1
on Bureau -
1988 --
of the Clerk to
and Municipal Detention
tine Inspection, Indian
to date report by last
988
Special Trust Fund -
$52,888.23
2. Appointment to Transportation Planning Committee
The Board reviewed the following memo dated 4/5/88:
CITY CLERKS OFFICE
PHONE 571-0116
April 5, 1988
(Tag of 3 rlloiurrr
INDIAN RIVER COUNTY
POST OFFICE BOX 38
FELLSMERE, FLORIDA - 32948
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Commissioners:
POLICE DEPARTMENT
PHONE 571-1360
This is to let you know that the representative for the City of
Fellsmere on the Transportation Committee will now be Councilman Fred Derry,
replacing previous Councilman Frank Hurst.
If you have any questions, please feel free to contact our office.
Sincerely,
Ltsz,
Jeanette E. Dale
City Clerk
3
APR 19 195
BOOK 72 PAGE 84
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously appointed
Fred Derry to the Transportation Planning Committee,
replacing Frank Hurst.
3. Occupational License Monthly Tax Report
The Board reviewed the following memo dated 4/6/88:
MEMORANDUM
OTITOCE OF TIE 7
AX
COLLECTOR
C TOE
GENE E. MORRIS, C.F.C.
TAX COLLECTOR
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
DATE: April 6, 1988
SUBJECT: Occupational Licenses
P. O. Box 1509
VERO BEACH. FLORIDA - 32961
TELEPHONE: (305) 567-8180
SUNCOM 0 424-1338
Pursuant to Indian River County Ordinance No. 86-59, please
be informed that $3,032.12 was collected in occupational license
taxes during the month of March 1988, representing the issuance
of 128 licenses.
Gene
APR 19 1988
. Morris, Tax Collector
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the monthly Occupational License Tax report for
March, 1988.
4
dooK 72 PACE 85
R. Proclamation - Teacher Appreciation Week
Pa0Cw-,A ATI N
Vktreas, a 5 ron ¢
iffwt'ive stern, offree �u6fit education,
jor aCC c dr �'-
�i� en anc ou k.
t t5 BSSQtt'�ticti to Our'
demotratu tem, of joi% rninen.'�"; and
10ko'eas; indtan 1 Der CountycCioo�
nsider SsiJsterni bias made
co
,able. , o jr rens tri, tI cotta C, �eckno to jica C
and sctiect i tc 541ds due to- our system, of.free
an tont.%ersaC �.ub%c education.; and
`Wntreds 4riu;rt.
of its3 ro ress can 6e of riEut¢c( fie
quafilud and de tcuted leachers entrittste 4046..
educations( deve (omen 'o f 'our children. and tffir
4( hoten'ti a(s; and
. ;,
iikereas, *ar s s!wtt(c(, �e accorr%d �it�g� a6(ic esteem',
�'� f Ceci «i¢ *Cue 6e Go
14(14 a ueatton�; and
'i t mmusti y(ttces on.
VitereaS,
ofpr'afg thar ieae1 rs 6 recoinized or -
I fteir odical-ion, and rnm i
trneni,' * ec(u actin
6t4tden1 ; -9
e, .�, Son C.Cou n�y Commission.
scon.
CCatirmcot,
of 'hero'Bead%, Mori c(a,, here
in -vacant, stay 1-7;198g t
o Teacher i a ,t
'"
ecion,
'Week. tin Jtteticut ii)e4-
, on c(s, anand,'� e atL citizens f a County
y ribute o our u (k.
5c&oot 'teachers. .p
Attestd-'
�recia
1rgvt'
CCer f Crcft' Court)
5
ASR 19 1988
itu(iu tUer Count
'Don G. SCLLI-(OC 1-j-,-
Com7nu ssion,
BooF 72 86
5. Release of County Utility Easements - Gifford Sewer Project
The Board reviewed the following memo dated 4/12/88:
TO:
Board of County Commissioners
U
FROM: C es P. Vitunac, County Attorney
DATE: April 12, 1988
RE: CONSENT AGENDA - FOR BCC MEETING 4/19/88
RELEASE OF COUNTY UTILITY EASEMENTS
GIFFORD SEWER PROJECT
Per request from the County's consulting engineer, it is
necessary to relocate some the easements previously granted
to the County in connection with the referenced project.
Therefore, Lea Keller of this office has processed the
following matters and requests permission for the Chairman
to execute the release forms:
PARTIAL RELEASE OF EASEMENT
in favor of JANET C. SQUIRES
PARTIAL RELEASE OF EASEMENT
in favor of L. J. REHBERG et ux.
PARTIAL RELEASE OF EASEMENTS
in favor of CURTIS VAN BRAY et ux.
PARTIAL RELEASE OF EASEMENTS
in favor of PHILIP L. HALL et ux.
Back-up information for the above easement relocations is on
file in the County Attorney's office.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the Partial Release of Easements as
set out in the above memo.
COPIES OF PARTIAL RELEASE OF EASEMENTS ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
6
APR 19 1988
BOOK 72 FADE 87
6. Release of County Paving & Drainage Liens
The Board reviewed the following memo dated 4/12/88:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: April 12, 1988
RE: CONSENT AGENDA - FOR BCC MEETING 4/19/88
RELEASE OF COUNTY PAVING & DRAINAGE LIENS
This office has processed the following matters and requests
permission for the Chairman to execute the standard release
forms:
(1) 23rd Avenue between First Street and Fourth Street
(2) 47th Avenue in Glendale Lakes Subd.
(3) Indian River Heights Subd. Unit #3 -
17th Avenue between 2nd and 4th Streets
(4) 1st Place between 15 & 20 Avenues
The back-up information for the above is on file in the
Tax Collector's Office.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the release of County paving and drainage
liens as set out in the above memo.
COPIES OF RELEASE OF PAVING AND DRAINAGE LIENS ARE ON FILE IN THE
OFFICE OF THE CLERK .TO THE BOARD
7
L APR 19 1988
BOY, 72 PAGE 88
7. Proclamation - Volunteer Week
PROCLAMATION
WHEREAS, each year, many citizens of our community and
county volunteer countless hours of service in order to help
others; and
WHEREAS, these VOLUNTEERS work to build strong community
organizations, promote issues in the public interest, and
help their fellow .citizens in need; and
WHEREAS, VOLUNTEERS come from every age group from youth
to senior citizens and from all walks of life; VOLUNTEERS
give assistance in countless ways and a multitude of
avocations; and
WHEREAS, volunteering plays a vital role in any
community, with neighbors showing their concern for one
another - both friends and strangers alike; and
WHEREAS, those VOLUNTEERS who give so unselfishly of
their time and themselves to improve the quality of like for
all deserve special recognition;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week
of April 17th through April 23rd, 1988 be observed as
VOLUNTEER WEEK
in Indian River County, Florida, and the Board invites all
citizens to honor and emulate the fine individuals who help
their communities by opening up their hearts.
Adopted this 19th day of April, 1988.
APR 1 9 1988
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY 21". C
DON C. SCURLOCK, J
CHAIRMAN
8
SOU 72 DCE 89
8. Appointment to the Economic Opportunities Council
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
appointed.Ann Bert Reuter to the Economic
Opportunities Council, replacing Helen Wright.
FRIZZELL ARCHITECTS - PROPOSED AMENDMENTS TO PHASE III CONTRACT
The Board reviewed the following memo dated 4/6/88:
TO:Board of County commissioner®ATE: April 6, 1988 FILE:
SUBJECT: FRIZZELL ARCHITECTS, INC.
PROPOSED ADJUSTMENTS TO
CONTRACT
FROM:CharleP. Balczun
County sAdministrator REFERENCES:
BACKGROUND
In October, 1988 Indian River County entered into an agreement with
W.R. Frizzell Architects, Inc. for architectural services for IRC
Jail Phase III (second maximum security pod).
When that agreement was negotiated, it was determined that the
services of Thomas Pinkerton would be required for Phase III. Mr.
Pinkerton was involved as an architect on the Frizzell staff during
design of Phase II. He has since terminated his employment with.
Frizzell and is now associated with a firm in Kansas City.
Additionally, the County experienced certain difficulties with
security related electronics equipment in the existing pod.
As a result of these two issues, contract amendments have been
proposed as follows:
.. SUPPLEMENTAL SERVICES AGREEMENT (No. 1)
Deletes all references to the services of Mr. Pinkerton
in the current agreement in force.
.. SUPPLEMENTAL SERVICES AGREEMENT (No. 2)
Provides for retaining the services of Buford Goff and
Associates for security engineering services. Total cost
of those services would be $36,000.
APR 19 9988
9
BOOK .72 PAGE 90
ANALYSIS
Pinkerton
Mr. Pinkerton has not participated in design activities to
date. Jail Committee members are of the opinion that his
services are not required as originally contemplated. Since
design activities are essentially completed, it is virtually
useless to continue that requirement in the agreement.
Buford Goff & Associates
This firm would provide professional design services for the
Phase III detention electronics system as well as analysis of
the existing system to insure they properly interface.
Specifically, Goff will provide the following:
Alarm Reporting Systems to include reporting of alarm
conditions other than those integrated into the security
hardware systems. For example, alarms associated with
the pharmacy, food service, records, and storage
facilities.
Closed Circuit Television to include internal and
external systems for security.
Master Antenna Television Distribution System for phase
three addition only. Extension of the existing system
into the new facility is anticipated.
Public Address/Intercom Systems to support facility
functions.
Door Locking Control Systems to include logic
controllers, console control panels, relay control
panels, and conduit/wiring systems. Door hardware and
functional descriptions shall be provided by Frizzell or
its designated representative. Buford Goff & Associates,
Inc. shall be responsible for control circuits and
control panels to effect desired operational functions.
Consoles shall include design to house systems provided
under this section and shall provide coordination for
integrating security door control panels into the
console.
System Integration will include providing interface
points to existing security system installed in Phase
II.
RECOMMENDATION
It is recommended that the Board of County Commissioners approve
both Supplemental Service Agreements and authorize the Chairman to
execute them.
Administrator Balczun felt the question is whether we are going
to pursue a course in the area of detention electronics where we
would provide performance specifications to a manufacturer who
would manufacture the equipment of their design to meet our
10
APR 19 1988BOO 72 r,tcE
specifications and subsequently install the equipment, or whether
we are going to have a technical expert analyze what we have,
look at our planned facility, design the detention electronics
system, and prepare the bid specifications for the manufacturers
to bid on. In the latter case, the design is ours, and we
certainly could not be held captive by any manufacturer. If we
had slammed the door on the electronics contractor when the last
phase was delayed due to the detention electronics, we
undoubtedly would have had to engage the services of just this
kind of consultant to analyze what we had, what was being built,
and then replace the system.
Administrator Balczun believed we could avoid those problems
if we engage the services of a technical specialist, such as
Bufford Goff & Associates. While he realized the Board's
reluctance to spend additional money on any project, he felt this
is the most important component of the jail phase.
Chairman Scurlock asked if the enormous electronics problems
we had in Phase II centered around the fact that the equipment
would not work, or were they due to the fact that the
subcontractor was not being paid, and therefore, would not do the
work.
Administrator Balczun explained that ECSI, the
sub -subcontractor on the electronics for Phase 11, had alleged
that they had not been paid, or had not been paid on time, which
is certainly a major concern for any firm.
Chairman Scurlock noted that we received another memo
yesterday advising that the warranty work is not being performed
now because ECSI is refusing to do the work in that Schopke, the
general contractor, is not paying them. The Board keeps hearing
that the electronics are not working, but it seems the problem is
simply because the sub -subcontractor won't come on the job site
and do in a timely fashion what he needs to do to correct and
fine tune the system. Chairman Scurlock repeated his question
about whether the problem is due to poorly designed equipment
� APR 19 1988
BOOK 72 PAGE 92
that won't function, or is the problem due to the fact that ECSI
is not getting paid.
Administrator Balczun could not say that the equipment was
poorly designed and just won't function.
Commission Eggert had understood that we were being asked to
get a consultant because the specifications weren't adequate, but
now we are hearing that there was nothing wrong with the
equipment and the sub -subcontractor stonewalled because he was
not being paid.
Commissioner Wheeler believed that Schopke has been holding
a gun to our head through this whole thing, and that there was
some improper design in Phase Il. Some equipment was delivered
that wouldn't fit in the control room, and they were also slow in
delivering which was part of the liquidated damages. However,
when we were willing to negotiate that and cut some of that cost,
they did not have any problem in getting the equipment here.
Commissioner Eggert asked Commissioner Wheeler if he feels
the problem with specs is large enough to go out and get this
other consultant, and Chairman Scurlock interjected that this
consultant would not be an independent third party, but a direct
employee of Frizzell Architects.
Commissioner Wheeler emphasized that Bufford Goff would be a
third party, as far as design and electronics for the Jail is
concerned. Frizzell is our architect and should be protecting
our interests. That is what we are paying them for, and we are
not paying them to protect the interests of the sub -contractor.
Chairman Scurlock wished to state for the record that he has
some serious questions about Frizzell's ability to represent the
county, because he did not think that they are the best that we
can have.
Discussion ensued regarding Frizzell's responsibility to the
County from the very beginning for the improper design of
acoustics, no drains on the second floor, no conduits to the
APR 19 19
.•
12
KU 72 PAGE 93
second phase, a grease trap that was never connected and a
kitchen that was designed too small.
Comissioner Eggert had no problem with getting Bufford Goff
& Associates to bring in that kind of expertise, but she had
assumed that the architect would take on some of this cost
because of some of the things that have happened in the past.
Chairman Scurlock pointed out that a letter in today's
backup material shows that we would save about $12,000 by not
having the manufacturer or the contractor design it.
Administrator Balczun stated that Frizzell will not pass
along to us any administrative costs or other costs involved in
administering the Bufford Goff contract. He explained that
Frizzell',s current contract with the County is a bit different
than the traditional AIA contract in that the contract doesn't
merely say that we will pay them a fixed percentage of the
original 6% of the project cost. Since we bought pod plans for
this phase, we agreed to 3.48a of cost, plus an hourly rate for
design changes from the Phase 11 change from pod B to pod D.
Chairman Scurlock wondered why this request is even before
the Board today, because he noticed that the contract does not
require them to come to the Board of County Commissioners on this
item. He felt that if it is Frizzell's opinion that they need
this particular. expertise, they have the ability under the
contract to do it, as the contract specifically provides a
mechanism for them to hire the professional expertise that they
choose to hire.
Administrator Balczun emphasized that he was not in the
business of defending architects, but in this case where there is
a $32,000 change to their contract, he was glad that they just
didn't go ahead and do this on their own.
Commissioner Bird felt the way they have proposed it here is
that it could end up costing the County less, but he was
concerned about the price tag if we were to have Bufford Goff
design a state of the art electronics system.
13
APR 1 9 1988
BOOK. 72 PACE 94
Administrator Balczun believed we would see a better price,
particularly since Bufford Goff doesn't work for a manufacturer.
The alternative is to have the manufacturer design the system.
Commissioner Wheeler felt that we have a good jail over all,
but, in his personal opinion, felt the architect has iaeen
derelict in some of the errors there such as the drains and the
acoustics. He did not doubt that some of these things should
have been caught. The architect had several changes in their
personnel. At the time they came in and designed this jail for
us, we relied heavily on Tom Pinkerton, who has since left
Frizzell and opened his own firm up north. At that time Frizzell
was building schools and other types of buildings and had not
gotten into jails. Commissioner Wheeler felt that both Frizzell
and the County have gained experience in dealing with and trying
to solve some of the problems that were encountered in the first
and second phases. However, even with those problems, he
believed we have a good facility. Commissioner Wheeler did have
a problem with the $120,000 bill for the acoustics, and stated
that he would be willing to see the County sue Frizzell for that.
Chairman Scurlock felt we would have a case because he has
been doing some research and found that there is a federal law
called the Hearing Conservation Act, which sets specific decibel
levels beyond and separate from the Department of Corrections.
He would like to see us ask Frizzell what specific design
criteria they did or did not use in this last phase, where we
have an acoustics problem.
Chairman Scurlock felt that for $9.95 Frizzell could have
bought a little book that would have set all those limitations
for them so they would have known what to design for. He wanted
to send a strong message to Frizzell that we want a better job on
this phase and that we are looking at them. He requested that
the following letter from John Silver of Frizzell Architects be
entered into the record:
14
APR 1S 1988
72 PAT 95
April 13, 1988
Mr. Charles P. Balczun
County Administrator
Indian River County
1840 25th Street
Vero Beach, Florida, 32960
FRIZZELL ARCHITECTS
- 2140
103
LIST
PgcW 1
,
Shat -b" rct,
DISTRIBUTION
Commissioners
Administrator
Attorney
Personnel
Public Works
RE: INDIAN RIVER COUNTY SAIL PHASE 3 Community Dev.
SECURITY SYSTEMS ENGINEERING FEES Utilities
Finance
Other
The following is an estimate of the design fees for the
Systems as discussed in the April 12, .1988 Commissioners
Dear Charles,
Bufford Goff Associates fee (rounded)
ECSI Phase 2 design fee ( included in
construction cost) - (12,000)
W. R. Frizzell fee (hourly) to revise
Phase 1 security documents for Phase 3 '( 7,200)
Increase in hard costs to Owner to use
Bufford Goff Associates 1;�1 $13,000
The County expended some $20,000 in additional A/E fees in Phase
2 due to the Security Systems contractor running substantially
past the contractual completion dates. It is our contention that
utilizing Bufford Goff Associates to produce =a .detailed
specification and proprietary drawings indicating specific _and
complete system design in lieu of repeating the Phase 1•documents
with revisions ( a "performance specification" approach ), that
the County will not incur such additional expenses in Phase 3.'
This is based on the theory that the detailed approach will
eliminate control of system engineering. .by _ subcontractors,
eliminate questions of quality of materials,' and control
maintenance costs. By controlling the design more, one controls
the construction process with greater precision. -
Frizzell Architects does not maintain the specialists• on Staff
to design the security systems in such detail, hence the
recommendation to retain the consultant. Frizzell Architects is,
however, professionally capable of designing the systems based on
the "performance specification" approach. If the County does not
elect to retain the Services of Bufford Goff at a cost not to
exceed the $32,220 cap quoted by Bufford Goff Associates, we will
be pleased to proceed without this consultant and modify the
Phase 1 documents within the 6% cap of our Agreement. With the
revisions to the "performance specification" documents per our
Agreement and with incorporation of pre -qualification of bidders
and major subcontractors, it. is our opinion that the delays
encountered in Phase 2 may avoided. If the County elects to
utilize the suggested consultant, it is our belief that'such
delays will most likely be avoided and that the, cost of
construction will be reduced by more than the amount saved by not
paying for sub -contractor design fees.
Note that neither the 1.1 multiplier applicable to reimbursable
expenses per Article 11.4.1 nor the 1.5 multiplier applicable to
Additional Services of Consultants per Article 11.3.3 of our
Agreement have been applied to the Consultant's fee. We will
handle the coordination and costs of administering the contract
with the Consultant within the 6% cap of our Agreement.
$32,200
Security
Meeting.
15
APR 19 1988
BOOK 72 PACE 96
Please contact this office with any questions in this regard,.and
inform us how the County wishes to proceed.
Sincerely,
W. R. FRIZZELL ARCHITECTS, INC.
Jo n B. Silver, AIA
Project Manager
W. R. Frizzell Architects. Inc. ♦ Suite 202 ♦ Royal Palm Square ♦ 1400 Colonial Boulevard+ Fort Myers, Florida 33907-1093 ♦ (813) 939-1220
Commissioner Wheeler was concerned that Sonny Dean and Bill
Baird, who worked on Phase 11 of the Jail, are now in other
positions and are not available to work on Phase II. He found
that frustrating because he has great confidence in those
individuals and would like to see us either have a firm or an
individual to oversee this project.
Chairman Scurlock understood that Administrator Balczun has
said that he is going to take on that specific assignment
himself, and Administrator Balczun confirmed that he will be the
lead person.
Commissioner Bowman asked if the Bufford Goff contract was
just for the design, and Commissioner Wheeler explained that it
is just for the design of Phase 111, but does include the inter-
connecting and inter -facing of Phase 1 and 11 to make one system.
Commissioner Bowman felt very strongly that we should take
some sort of steps in this phase to see that we don't have any
sub -subcontractor holding our necks under a guillotine.
Chairman Scurlock advised that the County Attorney's Office
is working on an ordinance that will establish a little different
procedure in terms of bidding in that the County will pre -qualify
the subcontractors, as welt as the contractor. We are going to
APR 191988
16
BOOK 72 PAGE 97
do a lot more in that area to make sure that we are dealing with
people who are competent and qualified, and see that they receive
fair compensation so that they make a fair profit on the job,
rather than have this low bid thing where they have to come in
and create problems, and then solve them so they can charge us.
He felt that if we take that approach, hopefully, we will end up
with a much better product than we have in the past.
Administrator Balczun repeated that Frizzell is not charging
us for any administrative cost for this. There may be some
travel costs if another meeting is required, but the sole cost to
us for bringing Bufford Goff & Associates aboard is projected at
$32,200.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
both recommended changes to the Supplemental Service
Agreement; set a cap of $32,200 for the services of
Bufford Goff & Associates, with the contingent that
there will be absolutely no pass through costs from
Frizzell for any purpose; and authorized the Chairman's
signature.
Building Director Ester Rymer wanted it made clear for the
record that the Building Department did not make the contractor
bypass the grease trap.
PROFESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION WILL BE PLACED
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY
EXECUTED AND RECEIVED
CONDEMNATION OF UNSAFE STRUCTURE
The Board reviewed the following memo dated 4/12/88:
APR 191988
L
17 aooF 72 ,la,E 98
TO
-Mr. Charles Balczun
County Administrator
DATE: April 5, 1988
THRU: Robert Keating, AICPkOL-
SUBJECT:
Community Development
Director
FROM: Ester Rymer /
Building Dire
0
FILE:
Condemnation of Unsafe.
Structure located at
920 20th Avenue, Vero Beach
REFERENCES:
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 19, 1988.
DESCRIPTIONS AND CONDITIONS:
Subject structure has been condemned and ordered repaired or removed.
Structure suffered severe fire damage on January 23, 1988. I. have
received numerous complaints from the surrounding property owners.
Said structure is considered unsafe and detrimental to the health,
safety, and welfare of the general public. Unfortunately, the owner
died as a result of injuries sustained in the fire.
RECOMMENDATION
I request the Board of County Commissioners declare said structure a
nuisance, and order the building demolished by the County Road and
Bridge Department if men and equipment are available.
After removal, in accordance with Section 4-21, Code of Ordinances,
Indian River County, the Board will cause a lien to be filed of
record for the costs of removal against the owner or person in
charge.
Commissioner Bowman asked if there were any heirs to the
property, and Building Director Ester Rymer explained that she
did not know, and that is the reason Attorney Collins advised her
to place the notice in the newspaper.
Attorney Vitunac advised that we are covered with respect to
the heirs and assignees. We advertised as required by law, and
if any heirs do show up, they have had constructive notice.
APP 19 1988
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff recommendation as set out in the above memo.
18
aaC! 72 PAGE 99
INS
RELEASE OF EASEMENT - ROSELAND PINES SUBDIVISION
The Board reviewed the following memo dated 4/6/88:
TO: The Honorable Members of DATE: April 6, 1988 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE
Robert M. heating,
Community Developme1t Director
THROUGH: Roland M. DeBlois'-
Staff Planner
�tL
CP
SUBJECT:
RELEASE OF EASEMENT
REQUEST BY ANDREW R. &
JENNIFER HAUSMAN
P. 0. BOX 91, ROSELAND,
SUBJECT PROPERTY: LOTS
2, 3, & 4, BLOCK 4,
ROSELAND PINES
SUBDIVISION PBI 8-25
FROM:Charles W. Heathe..J'( REFERENCES: HAUSMAN MEMO
Code Enforcement Officer DISK: CHEATH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 19, 1988.
DESCRIPTION AND CONDITION:
The County has been petitioned by Andrew and Jennifer Hausman,
owners of the subject property, for the release of the common
five (5) foot side lot utility easements of lots 2 and 4, being
the southerly five (5) feet of Lot 2, and the northerly five
(5) feet of Lot 4, Block 4, Roseland Pines Subdivision, Section
11, Township 31, Range 38 East, Indian River County, Florida;
according to the Plat thereof as recorded in Plat Book 8 Page
25, of the Public Records of Indian River County, Florida. It
is the petitioners' intention to construct a single-family
residence on the property.
The current zoning classification is RS -6, Single -Family
Residential District. The Lana Use Designation is LD -2, Low
Density Residential, allowing up to six (6) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone,
Florida Power and Light Company, Falcon Cable Company, and the
Indian River County Utility and Right -of -Way Departments.
Based upon their reviews, there were no objections to the
release of the easements. Staff analysis indicates that the
previous owners had petitioned the County Commissioners on
October 21, 1981 for the release -of the remaining easements,
but these two (2) easements were inadvertently omitted from the
original petition.
RECOMMENDATION:
Staff recommends to the Board, through the adoption of a
resolution, the release of the common five (5) foot side lot
utility easements of lots 2 and 4, being the southerly five (5)
feet of Lot 2, and the northerly five (5) foot utility easement
of Lot 4, Roseland Gardens Subdivision, Section 11, Township
31, Range 38 East, Plat Book 8, Page 25, of the Public Records
of Indian River County, Florida.
APR 191988
19
300K 72 r asF 100
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 88-24, abandoning certain easements in
the Roseland Gardens Subdivision, Lots 2 & 4,
Block 4.
RESOLUTION NO. 88-24
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ABANDONING CERTAIN EASEMENTS IN
THE ROSELAND GARDENS SUBDIVISION, LOTS 2
& 4, BLOCK 4.
WHEREAS, the Declaration of Restrictions for Tots 1
through 10 of Block 4, in Roseland Gardens Subdivision
according to the plat thereof, recorded in the office of
Clerk of the Circuit Court of Indian River County, Florida
in plat Book 8, Page 25 contains a Declaration of an
Easement "for the installation and maintenance of public
utilities and drainage facilities" as shown in Official
Record Book 554 Page 362; and
WHEREAS, Indian River County has contacted all public
utilities to determine whether such easements are required
by those public utilities; 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 Andrew R. & Jennifer R.
Hausman, whose mailing address is P.O. Box 91, Roseland,
Florida 32958, Grantee, as follows:
Indian River County does quit claim and abandon all
right, title and interest that it may have in the following
described easements:
20
APR 1 C 1988
roow 72 Far 101
a
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE.
This release of easement does not affect any rights
which may accrue to any of the lot owners within the
Roseland Gardens Subdivision by virtue of the Declaration of
Restrictions as recorded in the Official Records of Indian
River County at OR Book 554 Page 360 through 364.
THIS RESOLUTION was moved for adoption by Commissioner
Eggert
Bird
seconded by Commissioner
, and adopted on the 19th day of
April , 1988, by the following vote:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler dye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman —Kye
Commissioner Carolyn K. Eggert dye
The Chairman thereupon declared the resolution passed
and adopted this 19th day of April
, 1988.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
bon C. Scu ock,
Chairman
Attest By
Freda W ight
ClerkQ•
•
EXHIBIT "A"
•
The southerly five (5) feet of Lot 2, and the northerly five
(5) feet of Lot 4, Block 4, Roseland Gardens Subdivision as
recorded in Plat Book 8, Page 25, of the Official Records of
Indian River County, Florida, Section 11, Township 31, Range
38 East.
21
LAPR 1 1988
800K
72 F'A E 102
APPROVAL OF FINAL ASSESSMENT
7th Court - 11th to 12th St.
7th Avenue - 11th to 12th St.
11th Street - 6th Ave. to US -1
3rd Street - 32nd Ave. to Dead End
5th St. SW - 82nd Ave. to IR Aerodrome S/D
The Board reviewed the following memo dated 4/13/88:
TO: Charles P. Balczun
County Administi.- o
•
THROUGH: Ral. N. Brescia, P.E.
County Engineer
FROM:. Michelle A. Terry, CET
Civil Engineer
SUBJECT: 1) 7th Court - llth to 12th Street
2) 7th Avenue - llth to 12th Street
3) 11th Street - 6th Avenue to US 1
4) 3rd Street - 32nd Avenue to Dead End
5) 5th Street SW - 82nd Ave to I.R. Aerodrome S/D
DATE: April 13, 1988
DESCRIP1rIONS AND CONDITIONS
The paving of the above roadways has
below is a comparison of the preliminary
costs to the homeowners by street.
construction costs are under the original
Prelim. Est. Final Cost
1) 7th Ct.
100%
75%
2) 7th Ave.
100% $17,223.76
75% $12,917.82
$15,653.43
$11,740.07
Prelim. Est.
3) llth St.
100%
75%
Prelim. Est.
$30,787.04
$23,090.28
Prelim. Est.
4) 3rd St.
100% $ 9,450.00
75% $ 7,086.53
Prelim. Est.
5) 5th St. .SW
100% $28,830.52
75% $21,622.89
$12,477.46
$ 9,358.10
Final Cost
$13,819.02
$10,364.27
Final Cost
$24,637.69
$18,478.27
Final Cost
$ 7,301.71
$ 5,476.28
Final Cost
$27,664.27
$20,748.20
been completed. Listed
estimate and the final
It is noted that all
estimates:
The final assessment roll has been prepared and is ready to
be delivered to the Clerk to the Board. Assessments are to be
paid within 90 days or in two equal installments, the first to be
made twelve months from the due date and the second to be made
twenty-four months from the due date at an interest rate of 12%
established by The Board of County Commissioners. The due date
is 90 days after the final determination of the special
assessments.
22
APR 1 1988
BOOK '72 F�;F. �t 3
ALTERNATIVES AND ANALYSIS
Since the final assessment to the benefited owners will be
less than computed on the preliminary assessment rolls, the only
alternative presented is to approve the final assessment rolls.
RECOMMENDATION AND FUNDING
It is recommended that the final assessment rolls for the
paving of 7th Ct., 7th Ave., llth St., 3rd St., and 5th St. SW be
approved by The Board of County Commissioners and that they be
transferred to the Office of the Clerk to the Board for
collection.
Public Works Director Jim Davis explained that on 5th Street
SW they forgot to include the right-of-way acquisition in the
final assessment roll. What happened is that we had about 20
feet of additional right-of-way along the north side of the road,
and the total cost of that right-of-way was $7,191.85. There are
63 Tots being assessed in that subdivision, and if we charge all
of that $7,191.85 into the assessment roll, our final assessment
would be about $20.00 more per lot than our preliminary
assessment. If we brought the final construction cost up to the
preliminary, then there would be about $1,200 of excess money
that we would not be assessing.
Chairman Scurlock felt we should just go ahead and approve
it and absorb the $1,200, rather than go through the whole
process and expense of readvertising for a public hearing, etc.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the final assessment on the streets listed above.
FINAL ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
APR 191988
23
BOOK " Vit-_ 104.
COUNCIL ON AGING - VEHICLE MAINTENANCE & REPAIR BY FLEET
MANAGEMENT
The Board reviewed the following memo dated 4/11/88:
TO: Board of County Commissioners DATE: April 11, 1988 FILE:
SUBJECT: COUNCIL ON AGING - VEHICLE
MAINTENANCE AND REPAIR BY
FLEET MANAGEMENT
FROM: Charles P. Balczun
County Administrator REFERENCES:
BACKGROUND
The Council on Aging has inquired as to whether the County's Fleet Management
Division would provide maintenance and repair services for their vehicles.
ANALYSIS
This matter has been discussed by Public Works Director James W. Davis, P.E.,
Fleet Management Supervisor Jack McCorkle and me. We are of the opinion that
this would be of assistance to the Council on Aging. The Fleet Management
Division is able to and capable of providing the requested services.
We propose to apply the same rate schedule to the Council on Aging as is
applied to County departments utilizing Fleet Management Services. That
schedule is included in my April 4, 1988 correspondence to Mr. Tom Buchanan
(attached).
The Council on Aging currently operates the following vehicles:
7 Vans (gasoline)
2 Vans (diesel)
1 Station Wagon
1 Pick-up Truck
RECOMMENDATION
It is recommended that Fleet Management be authorized to repair and maintain
Council on Aging vehicles and that the referenced rate schedule be applied.
Further, that the rate schedule be automatically adjusted for Council on Aging
work when such rates are adjusted for County departments.
APR 19 198
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized Fleet Management to repair and maintain
Council on Aging vehicles at the referenced rate
schedule, and that the rate schedule be automatically
adjusted for Council on Aging work when such rates are
adjusted for County departments, as recommended by
staff.
24
BMW 72 PA U 105
EARMAN PARK - RESTROOM FACILITY
The Board reviewed the following memo dated 4/12/88:
TO: Charles P. Balczun
County Administrator
THROUGH: James W. Davis, P.E.
Pub Works Director-
FROM: Ralph N. Brescia, P.E.
County Engineer
SUBJECT: Earman Park Restroom Facility
DATE: April 12, 1988
BACKGROUND AND DESCRIPTION
Joe S. Earman Park was completed and ready for use as of
September of 1987. Since that time it has been moderately used
by boaters without the benefit of a restroom facility.
ALTERNATIVES AND ANALYSIS
After an investigation by the Engineering Division it was
determined that a clivis multrum single unit facility would serve
as an appropriate restroom facility.
This is a self contained waterless compositing toilet system
with a fiberglass tank capable of handling 36,000 uses per year.
Wind turbine ventilators and properly placed vents should provide
proper air flow patterns for odor dissipation.
The estimated cost to construct this facility in Earman Park
including transportation is $22,000. This is 100% reimbursable
through the Florida Boating Improvement Program.
The cost breakdown is as follows:
1.) Purchase of Clivis Multrum Tank $5,500:00
2.) Handicapped ramps and walkway decking 4,800.00
3.) Restroom shelter & construction 6,500.00
4.) Mobilization and site work 3,200.00
5.) Contingency (10%.) 2,000.00
Total 22,000.00
The alternatives are as follows:
Alternative No. 1 - Construct a Clivis Multrum facility at a cost
of $22,000. Funding to be from the Florida Boating Improvement
Fund.
Alternative No. 2 - Delay this project until demand increases.
Recent discussions with, the Florida Inland Navigation District
have indicated that F.I.N.D. does not consider this project as a'
high priority at this time. In the future when sewer service is
constructed in the North County, the Clivus Multrum in Sebastian
may be obtainable for use in this area.
RECOMMENDATION
It is recommended that staff not pursue this project at this
time. (Alternative No. 2)
25
APR 19 1988
Boa 72 FADE 106
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved staff's recommendation of Alternative
No. 2, to not pursue this project at this time.
BRIDGE RAIL BARRIER FOR NEW COUNTRY CLUB DRIVE BRIDGE
The Board reviewed the following memo dated 4/11/88:
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E. '_C)
Public Works Director'"
SUBJECT: Bridge Rail Barrier for New
Country Club Drive Bridge
REF. LETTER: David T. Corrie, Lloyd and Assoc. Inc. to
Jim Davis dated April 6, 1988
DATE: April 11, 1988
DESCRIPTION AND CONDITIONS
When the Country Club Bridge was initially designed, Staff
proposed a post and rail barrier along each side of the bridge so
that improved sight distance would result. As you know, the 30th
Street/Country Club Drive intersection .is just north of the
bridge.
Recent discussions with the Florida DOT have indicated that the
post and rail barrier is no longer adequate to meet state
standards. As a result, Lloyd and Associates is requesting the
County to fund the construction of a solid 32" high concrete
barrier on each side of the bridge. If this is approved, state
standards will be met and potential liability reduced.
Three bids have been solicited to perform the work as follows:
1) Middle Atlantic Foundation $20,750
2) RA-JAC, Inc. $16,000
3) J.B. Walker Construction $11,700
The Engineer's estimate is $17,640
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
1) Approve the low bid of $11,700 from J.B. Walker Construction
and waive the formal bidding process. The solid barrier
will provide lesser sight distance.
2) Construct a post and beam rail which provides better
visibility. Cost is approximately $10,000. This rail
will not meet state barrier standards.
3) Formally bid the solid barrier rail.
26
APR 19 1988
nu 71 on107
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby the formal bidding
process be waived and the work be awarded to J.B. Walker
Construction, Inc. at a cost of $11,700. Funding to be from Road
and Bridge Fund 111-214-541-066.31
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved staff's recommendation as set out in the
above memo.
14TH STREET RIGHT-OF-WAY ACQUISITION EAST OF US 1 -- LaCAVA AND
SOUTHGATE MOBILE HOME PARK PROPERTY
The Board reviewed the following memo dated 4/13/88:
TO: Charles P. Balczun,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director -1
FROM: Donald G. Finney, SRA
Right -of -Way Acquisition Agent
SUBJECT: 14th Street Right -of -Way Acquisition East off US 1
LaCava and Southgate Mobile Home Park Property
DATE: April 13, 1988
DESCRIPTION AND CONDITIONS
The Senior Citizen Center uses a part of 14th Street which the
County previously paved to 6th Avenue.
The Board authorized condemnation to acquire the right-of-way to
US 1 where no right-of-way exists. It was thought at that time
that Mrs. Grace LaCava owned the entire parcel.
After more lengthy title work, it was determined that Mrs. LaCava
owns two parcels and a third parcel separates the two and is
owned by Southgate Mobile Home Park.
Southgate is not willing to sell. Mrs. LaCava is willing to sell
the property to the County at $50,109.
There appear/to be encroachments
easements upon the property to
appraisal is for land only and
damages, relocation, prescriptive
that may be encountered.
APR 19 1988
of parking spaces and private
be acquired at US 1. The
does not include compensatory
rights, or severance damages
27
Cg
72 ME 108
The high cost for the realty, road construction costs, and cost
of lengthy condemnation are excessive considering what would be
accomplished.
ALTERNATIVES
1. Condemnation at considerable cost and time.
2. Due to non-availability of funds, delete this project from
consideration.
RECOMMENDATIONS AND FUNDING
Staff recommends abandoning this project.
Chairman Scurlock asked the status of the Mooney property
and the possibility of the County getting utility easements and
the property owners getting that street paved.
Public Works Director Jim Davis didn't think it had fallen
through. He explained that while Mrs. LaCava has expressed a
desire to liquidate her assets in Florida, she is not willing to
sell for Tess than $50,209. He felt the owners of the patio
store and the owners of the other commercial stores there still
are interested in acquiring that property so that they can get
the road paved. Director Davis suggested that the County take a
formal position that we will not pay Mrs. LaCava that much for
her property. Staff feels this action today may open the door
for further negotiations, and hopefully get this thing down to
some reasonable costs.
Commissioner Bird stressed that we have a bad situation
there which is not going to go away, and Chairman Scurlock noted
that Mooney is looking to acquire the property, which would cut
our costs in obtaining utility easements.
Director Davis advised that we have not given up on the
project, but there is no way we should pay $50,000 for a little
25 -ft. wide strip of land that you cannot build anything on.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
staff's recommendation to abandon this project.
28
APR 19198
�q
BOOK 12 ME 109
Chairman Scurlock asked the status of the Clock Restaurant,
and Administrator Balczun reported that the Code Enforcement
Board has asked the County Attorney's Office to start the process
by which the County ultimately will take possession.
INDIAN RIVER BOULEVARD - PHASE IV - APPRAISALS OF RIGHT-OF-WAY
The Board reviewed the following memo dated 4/11/88:
TO: The Honorable Members of the
Board of County Commissioner
FROM: Charles P. Balczun
County Administrator
SUBJECT: Indian River Boulevard Phase IV
Appraisals of Right -of -Way
Ref. Memo: Donald G. Finney, County Right -of -Way Agent,
to Charles Balczun, dated March 28, 1988
DATE: April 11, 1988
DESCRIPTION AND CONDITIONS
Price quotations from four appraisal firms have been received for
appraising five parcels required to extend Indian River Boulevard
from 37th Street to 53rd Street. Napier Appraisal Services, Vero
Beach, submitted the low bid of $3,000. Staff did not advertise
for bids since the scope of work is oriented to Professional
Consulting Services.
RECOMMENDATIONS AND FUNDING
Staff recommends
1) accepting the proposal by Napier Appraisal Services,
Vero Beach, in the amount of $3,000 for appraisal of
the five parcels,
2) waiving formal bidding procedures.
Funding to be from Fund 309, Indian River Boulevard North Project
Account. (Revenue from Gas Tax and Zone 4 Traffic Impact Fees)
Administrator Balczun reported that staff negotiated quotes
on this since it is only a $3,000 project and because they did
not feel it would be appropriate to spend an enormous amount of
time or go to the expense of advertising for bids.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation as set out in the above memo.
29
APR 19 1988
BOOK 72 PAGE 110
Commissioner Eggert asked the status of Phase 111, and
Public Works Director Jim Davis reported that the status is
changing daily on this, and there is going to be a meeting with
the County, the City of Vero Beach, and the owners of the right-
of-way and owners of other land in that area, to see if we can
work out something in terms of right-of-way mitigation. It is
sort of an awkward position in that the County has filed a permit
to acquire some property and mitigate the impacts of the road
project, and at the same time the property owner who owns the
land there has turned around and submitted an application to
develop his property, which puts the agencies involved in a
situation where they have 2 plans for the same piece of land.
Commissioner Eggert was concerned about the property in that
area when the City of Vero Beach is talking about the possibility
of the new bridge coming in there.
Director Davis explained that we are not trying to mix the
bridge issue with the Boulevard issue, but Commissioner Eggert
was concerned that it might end up being a mixed issue
regardless.
Chairman Scurlock believed that we have to acquire what we
need to acquire, and build our road where we want it; and then,
if there are developmental concerns that we can work with
somebody on, so be it. He did not want to sit here for 5 years
working out some sort of plan to develop along the Boulevard and
not get that road built. The Chairman wished to see the
northerly extension of the Boulevard move ahead as fast as
possible, and not get involved in all this who and what the
developer can or cannot do.
Commissioner Eggert anticipated that the situation would all
be worked out in the next few months, and noted that a workshop
is being scheduled soon between the County and the City where
these matters will be discussed.
30
APR 1 1988
ROOK 72 FA F 112
IRC BID #424 - TURF EQUIPMENT
The Board reviewed the following memo dated 4/8/88:
TO: CHARLES P. BALCZUN DATE: APRIL 8, 1988 FILE:
COUNTY ADMINISTRATOR
GUS AMBLER, C.P.M.
PURCHASING MANAGER
SUBJECT: IRC BID #424
TURF EQUIPMENT
REFERENCES:
1. DESCRIPTION AND CONDITIONS:
BIDS WERE RECEIVED WEDNESDAY, APRIL 6, 1988, AT 2:00 P.M.
FOR IRC BID #424.
29 INVITATIONS TO BID WERE SENT OUT. 9 BIDS WERE RECEIVED
(INCLUDING 6 NO BIDS).
2. ALTERNATIVES AND ANALYSIS:
THIS BID CONTAINS FOUR ITEMS TO BE AWARDED. IN EACH CASE
THE RECOMMENDED AWARD IS TO THE LOW BID MEETING
SPECIFICATIONS.
ITEM 1, COMPACT 2 WHEEL DRIVE TRACTOR WITH MOWER: LOW BID
IS FROM NEFF MACHINERY AT $14,960.00.
ITEM 2, TURF AERIFIER: LOW BID IS FROM T & A SALES AT
$9097.00.
ITEM 3, POWER BLOWER: LOW BID IS FROM NEFF MACHINERY AT
$1510.00.
ITEM 4, GREENS MOWER: LOW BID IS FROM NEFF MACHINERY AT
$1875.00 (ALTERNATE)
3. RECOMMENDATION AND FUNDING:
STAFF RECOMMENDS THAT IRC BID #424, BE AWARDED AND THAT THE
PURCHASE BE ACCOMPLISHED FROM THE VENDORS LISTED ABOVE.
BUDGETARY FUNDING WILL BE CONFIRMED FOR EXPENDITURE. BEFORE
A PURCHASE ORDER IS ISSUED.
STAFF REQUESTS AUTHORIZATION TO PROCEED.
31
APR 1S 1988
BOOK 72 F'., ,E 112
Commissioner Bird asked that in the future the Purchasing
Dept. show a notation in the bid memos as to which department the
items are for and to whose budget the items will be charged.
Commissioner Eggert emphasized that
come on the Agenda unless they noted the
this has not been done on these bids, at
these bids were not to
approved budgeting, and.
least not on Bid #424,
which says that budgetary funding will be confirmed for
expenditure before a purchase order is issued.
ON MOTION by Commissioner
Commissioner Wheeler, the
IRC Bid #424 according to
set out in the above memo.
BOARD OF COUNTY COMMISSIONERS
' _ 1840 25th Street
Vero Beach. Florida 32960
Eggert, SECONDED by
Board unanimously awarded
staff's recommendation as
•
BID TABULATION
Le.
�0 �'J
BID NO.
LRC BID 424.,
DATE OF OPENING(-
4/6/88
.•
..
/!/
4,,4
BIDTUEQUIPMT
�O'
ITEM
NO. DESCRIPTION'
UNIT PRICE
UNIT PRICE
UNIT PRICE
��R1C�
IJIIIT PRICE
UNIT. PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PR:
1. COMPACT 2 WHEEL DRIVE TRACTOR
a''I
AO r.Xu
�r! g4
\ D
IVO fes
(
p
/4966
U/c�n
[Ycl 8
�r
/
-No
gc
N�
A/0 ....
)
j03.
W/MOWERS As Per Specs 1 Each
�••
‹/
i
1
2. TURF AERIFIER 1 Each
l
/IQ 8
--AA
d
/•.�
! ^ 3
0
�•
As per Specs
3 POWER BLOWER 1 Each
f)1__
1
C__/
S10
/d R
,2 ape
As per Specs
\_—""
J
I
a
4 GaFFNS MOWER
64-
24
'
7
•
:
• A
•
•,
r
--.
sa
,q2 /‘,/2.N ,fix
/87
•
OPTIONAL: Brush Att
Attachment.
f
•
%�
�g
c�,Z
I
OPTIONAL: Thatching
Attachment
i� /�
5. Delivery shall be made:
• •
_
Days after receipt of Order
Days•
1
32
APR 19 1988
BOOK 72 F,, E 113
IRC BID #425 - FLEET MANAGEMENT PARTS & SUPPLIES
The Board reviewed the following memo dated 4/8/88:
TO: CHARLES P. BALCZUN DATE: APRIL 8, 1988
COUNTY ADMINISTRATOR
FILE:
SUBJECT: IRC BID i#425 FLEET
MGMT PARTS & SUPPLIES
FROM: REFERENCES:
US AMBLER, C.P.M.
PURCHASING MANAGER
1. DESCRIPTION AND CONDITIONS:
BIDS WERE RECEIVED WEDNESDAY, APRIL 6, 1988, AT 200 P.M. FOR
IRC BID #425.
14 INVITATIONS TO BID WERE SENT OUT. 8 BIDS WERE RECEIVED.
THIS INVITATION TO BID WAS ADVERTISED IN THE LOCAL NEWSPAPER.
2. ALTERNATIVES AND ANALYSIS:
THIS BID CONTAINS 4 LOTS, WHICH ARE AVAILABLE FOR AWARD.
LOT 0600; CATERPILLAR PARTS: THE LOW BID MEETING SPECIFICATIONS
WAS SUBMITTED BY KELLY TRACTOR. DISCOUNTS RANGE FROM ZERO TO
10%.A BID SUBMITTED BY TOM NEHL TRUCK DOES NOT COVER THE
ENTIRE CATERPILLAR LINE AND SHOULD THEREFORE BE REJECTED„
LOT 1000; CHRYSLER PARTS: THE LOW BID MEETING SPECIFICATIONS
WAS SUBMITTED BY VERNON KRAUSE CHRYSLER AT 30Z DISCOUNT.
LOT 1700; GMC PARTS: THE LOW BID MEETING SPECIFICATIONS WAS
SUBMITTED BY JANIE DEAN CHEVROLET, INC AT A DISCOUNT OF 25%.
LOT 1400; FORD PARTS: THE LOW BID MEETING SPECIFICATIONS WAS
SUBMITTED BY SUNRISE FORD, INC AT A DISCOUNT OF 25Z A BID
SUBMITTED BY VELDE FORD WAS UNSIGNED AND SHOULD THEREFORE
BE REJECTED.
3. RECOMMENDATION AND FUNDING:
STAFF RECOMMENDS THAT IRC BID #425, BE AWARDED TO THE VENDORS
LISTED ABOVE.
BUDGETARY FUNDING WILL BE CONFIRMED FOR EXPENDITURE BEFORE A
PURCHASE ORDER IS ISSUED.
33
APP S 1988
BOOK 72 FA,E 1.1, 4
ON MOTION by Commissioner
Commissioner Wheeler, the
IRC Bid #425 according to
set out in the above memo.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
Eggert, SECONDED by
Board unanimously awarded
staff's recommendation as
ey.
•
kIst
BID NO.
IRC BID fl425
DATE OF OPENING
April 6, 1988�O
,��j� ��.
. //Lf /*c.
BID TITLE FLEET MANAGEMENT\�
PARTS 5 SUPPLIES
,V
ITEM •
DESCRIPTION
NO.
UNIT PRICE
U P • CaE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT
Lot 0600f
Caterpillar•
O ¶
-®-
, /1/d
/3
`�)
-O�—
!Ynj
N i
Discount schedule from mfgs list
pr2.Eo
Price
if'efrit 1 . e .
Price sheets you are_guotinq from
Number Dated
Deliver after receipt of Order(ARO)
Days
Payment Terms:
N
Lot
Chrysslerler Products
do
-
do CEJ
%
! x i
N i
J
i�,.1 /
(�
_,
Discount from mfgs list price
U.
Price sheets you are quoting from:
Number Dated
Delivery ARO: Days
Payment Terms;
I
4''MICA-. 5)0_ Or/ if . ()mi- 0,1 1,1
1
MMS 2/19
34
APR 191988
�ou 72 ou115
BOARD OF COUNTY COMMISSIONERS
1840 25th Streetj
Vero Beach, Florida 32960
BIDTABULATION
^� `moi. •
I//t
��
BID NO.
IRC BID #425
DATE OF OPENING
April 6, 1988
�J \`
` I\ i� �� )
BID TITLE FLEET MANAGEMENT
PARTS 8 SUPPLIES
v
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
yl T PRI
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT
£Milt' 1700
rr
NO El
_.�
�f
�Pa
J l
Nn
/ Y I")
,/ ,/�
O lV C
Discount from mf.s list price
l
Price sheets you are quoting from:
Number Dated
Delivery ARO Days
Payment Terms.
Foot 1400
-
'ilk)
Q
te Jf
Discount from mfqs list price
,/
Price sheets—you_are quoting fro.:
Number Dated
•
,
hplivpry AR; Day
f
Payment Terms:\
.
.
.
,i' T ICI .i V-0.4.15 RiYtU .44.
(lAS-I/NIV!4
.
•
RISK MANAGEMENT CONSULTING SERVICES - SIVER INSURANCE MANAGEMENT
CONSULTANTS
The Board reviewed the following memo dated 4/12/88:
TO:Board of County Commissioner®ATE: April 12, 1988 FILE:
SUBJECT: RISK MANAGEMENT CONSULT-
ING SERVICES - SIVER
INSURANCE MANAGEMENT
CONSULTANTS
Charles P. Balczun
FRUO: County Administrator REFERENCES:
BACKGROUND
At your March 22, 1988 Commission meeting you considered the report
submitted by Siver Insurance Management Consultants and discussed
recommendations by Siver with respect to participation in
development of a Request for Proposals for various insurances which
the Countymaintains or should maintain. At that time, the Board
.of County Commissioners tabled the matter pending clarification of
costs for this proposed plan of work.
In order to frame this discussion appropriately, a brief historical
overview is necessary.
35
APR 19 1988
Ntalf 72 PAGE 116
Siver was selected from among a number of firms which responded to
our Request for Proposals for Insurance and Risk Management
Consulting Services. Siver's proposal was extensive and the fee
proposal was $20,000 - $30,000 for conduct of an Audit and
preparation of a Report. By memorandum dated July 24, 1987 I
recommended that Siver be awarded a contract and said "I do not
believe we should proceed to award a contract beyond the audit and
report levels at this time. We may wish to contract for additional
services as proposed by Siver" (in its response to our RFP) "once
the basic engagement is completed". The Board authorized a
contract with Siver with the proviso that we be informed when the
cost approached the $20,000 level.
Subsequently, staff prepared and the Chairman executed an Agreement
under the terms of which Siver would undertake the audit and
prepare a report. The Fee Schedule set forth in the subject
Agreement was as follows:
Rate/Hour
Class I: Senior Consultants who have pro- $90.00
fessional designations (CPCU, CLU,:
ARM, AIU, JD, PE, MAI, FCAS, ChFC,
etc.) or who have 15 years experi-
ence in their special fields.
Class II: Consultants 60.00
Class III: Administrative - Persons involved in 25.00
clerical and record keeping matters
Plus customary out-of-pocket expenses.
When expenditures of total fees and costs for the Audit and
Report approach $20,000.00, CONSULTANT shall notify the COUNTY
Administrator. COUNTY reserves the right to terminate the
Agreement when expenditures reach $20,000.00.
To date, Siver's fees total $9,132.75. Note that it was our
understanding that the .total cost to the County for conducting the
audit and preparing the report was to be in the $20,000-$30,000
range based on hours billed times the hourly rates above plus
out-of-pocket expenses. This was subject to Siver notifying us
when total fees and costs approach $20,000". At that point, the
County could terminate the contract.
Siver's position is that they have obtained sufficient information
from their audit at this point and further, that it would not be
appropriate for them to expend more time and bill us for further
services incidental to additional audit work.
Siver suggests that the County would be better served and our funds
more appropriately utilized if they were now authorized to proceed
to the next step(s) in our program.
By letter dated March 29, 1988 Siver made several recommendations
for professional services.
The most important and timely is Recommendation I which involves
assistance in development of a Request for Proposals "for the
replacement/renewal of current policies to include the
recommendations noted under the Discussion Points section of the
overview". A copy of that correspondence is attached.
36
AP Bong 72 rdi,E 117
1 S 1988
The cost estimate for this professional services work is estimated
at $12,500-$15,000. The amount to be actually billed would be
based on hourly rates quoted by Siver in its response to our
original Request For Proposals and as identified above. This is
within Siver's original estimate of $20,000-$30,000. In fact, if
the final bill for the work recommended is an average of the
proposed range ($13,750), our total bill to Siver would be
$22,882.75 (including costs for the Audit and the Report.
RECOMMENDATION
It is strongly recommended that a contract be authorized under the
terms of which Siver would perform the tasks set forth in
Recommendation I of its March 29, 1988 letter.
All of Siver's work to date and the staff effort involved in
arriving at this point would be of limited value to us if we do not
now make every reasonable attempt to 'finish the job'.
Commissioner Eggert asked if this was going to stop with
Recommendation #1 or would it go on to the other recommendations
like setting up that committee because she is still waiting to
see our risk manager come aboard.
Administrator Balczun felt that would happen in about two
weeks. We have one absolutely stellar candidate.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation as set out in the above memo.
GIFFORD COMMUNITY CENTER - ENGINEERING AND LANDSCAPING
Chairman Scurlock asked if there were sufficient funds from
the $65,000 to pay for Lloyd & Associates' engineering, and
Administrator Balczun confirmed that there was, as long as we do
not do other things.
Commissioner Eggert reported that after talking to the
nursery people about the landscaping, the best we can come up
with is to get these trees and shrub plants delivered to the site
at cost. This includes 296 hedge plants, 21 live oaks, 11 wax
myrtles, 7 bottlebrush, and 15 yards of mulch. So, we have
$4,089 coming in that, and we have $45,000 sq. ft. of sod,
37
APR 1b 1J,b8
•
BacK 72 PaGF 8
according to Flip Lloyd's group at $3,150, or $7,239 altogether.
If we were not getting this at cost, the cost would be doubled.
Chairman Scurlock asked what kind of Motion we need to not
go through the bid process on this item, and Attorney Vitunac
advised that the Board should find that it is not in the public's
interest to go through the bidding process in this case.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
declared that it was not in the public's interest
to go through the bidding process on this expenditure,
and approved the purchase of the landscaping materials
described above.
COUNTY HEALTH DEPARTMENT - ADDITIONAL OFFICE SPACE
The Board reviewed the following memo dated 4/13/88:
TO:Board of County CommissioneIATE: April 13, 1988 FILE:
SUBJECT: IRCPHU - ADDITIONAL
OFFICE SPACE
FRQ�/j; Charles P. Balczun
County Administrator REFERENCES:
BACKGROUND
For some time, the County has been confronted by the issue of
serious space problems encountered by the Indian River County
Public Health Unit. At this time, the IRCPHU occupies space in the
County Administration Building as well as in a structure at 2525
14th Avenue (County Health Department).
Both locations are crowded. The IRCPHU space in the County
Administration Building encompasses approximately 1,200 sq. ft. and
is occupied by the Environmental Health Unit (11.5 FTE) as well as
a laboratory.
The County Health Department facilities on 14thAvenue are
excessively overcrowded which results in severely compromising the
department's efficiency and its ability to provide proper health
care services. That facility is also occupied by the WIC office.
38
APR 191988
BOC 72 FACE 119
Last month, Dr. Berman and Michael Galanis met with me for the
purpose of discussing alternative space and indicated that -some
space was available in a building owned by the Hospital District
which they felt was extremely suitable. I indicated to them that
they should discuss a potential lease with appropriate District
officials and report back to us.
That report by Dr. Berman and dated April 6, 1988 is attached. In
it, Dr. Berman points out that approximately 5,000 sq. ft. of space
is available to us for $41,422.44 per year for three years
($7.50/sq. ft.). Elements of the IRCPHU would be able to occupy
the premises as soon as it is ready and there would be no charge
for occupancy until October 1, 1988.
The lease attached was prepared by the District's legal counsel.
ANALYSIS
The amount of space to be occupied is appropriate and the location
is considered excellent. All interior modifications required by
the IRCPHU would be undertaken at no cost to the County.
Additionally, those elements of the Health Department which would
occupy the new space would result in
.. greater space for clinic/public health service delivery
activities at the 14th Avenue property
.. current space occupied by the Environmental Health Unit
in the County Administration Building being available for
other uses
RECOMMENDATION
I strongly urge the Board of County Commissioners to approve the
lease of this space and to authorize the Chairman to execute the
lease document.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler, that the Board give conceptual
approval of staff's recommendation as set out in the
above memo.
Under discussion, Commissioner Eggert advised that a
question came up about the telephone system, and County Health
Director Dr. Bernard Berman advised that they had planned on
providing the telephone system through their existing surplus
funds.
Commissioner Bird asked what we have done to assure
ourselves that $7.50 sq. ft. is a competitive price, and
Administrator Balczun commented that he was surprised at that
price for that location. He noted that the lessor will make all
39
APR 19 1988
BQQK .72 ;A ,E 120
the leasehold improvements in the building, etc.; the County will
have no expenses for anything in the building.
Dr. Berman advised that they had looked at a lot of
properties across U.S. #1 and down the street from the present
health offices, but the cost of those other properties did not
include any renovation costs. Here, we have an extensive
renovation package suiting our needs at a very competitive rate.
He explained that they would be moving only the business
operation which can be located anywhere. The present County
Health Building will continue to serve the community's health
needs. The Environmental Health Dept. will be housed in the
office by the hospital also, but he did not feel it would make a
great deal of difference for those people coming in for permits,
etc., to drive down by the hospital.
Chairman Scurlock asked if there will be any delay in terms
of issuing building permits due to Environmental Health being
moved down to the hospital area, and Director Mike Galanis
explained that he would maintain a box here in the Administration
Building and send somebody over every day for the mail. He felt
there would be some confusion in the beginning about people
coming to his office, but believed that would be squared away
fairly shortly.
Attorney Vitunac suggested that with one minor change, the
Board could make a Motion to approve the contract today, instead
of waiting to bring it back. The change suggested by Mr. Galanis
is that the new offices would be for "non -clinical" instead of
"administrative" purposes, which means the builders who come to
pick up environmental permits will go to the new offices, but the
clinical people from the Health Department continue to go to
their present place.
APR 191988
COMMISSIONERS EGGERT and WHEELER CHANGED THEIR MOTION
TO APPROVE THE LEASE AGREEMENT AS AMENDED. The amended
Motion was voted on and carried unanimously..
40 BOOK
72 121
Commissioner Eggert asked what is going to happen to the
space being vacated in this building, and was advised that the
Welfare Dept. probably would be moved into that space.
LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
FmHA LOAN APPLICATION FOR BENT PINE SEWER FUNDING
The Board reviewed the following memo dated 4/18/88:
TO:
THRU: TERRANCE G. PINTO
DIRECTOR OF UTI
FROM:
CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
JEFFREY K. BARTON
Y hERVICES
DATE: APRIL 18, 1988
ASSISTANT DIRECTOR OF UTILITY SERVICES
SUBJECT: FmHA LOAN APPLICATION FOR BENT PINE FUNDING
BACKGROUND
When Indian River County committed to buy Bent Pine's Utility
System, FmHA had expressed a willingness to aid in the financing of
the purchase. Because of the timing of the transaction, Indian
River County Utility Department, through its impactfee account,
advanced the purchase price in order to close the transaction. The
documents for formal application to FmHA are attached for your
approval.
RECOMMENDATION
Please authorize the chairman to sign documents to be forwarded to
FmHA for processing of their loan commitment.
Utilities Director Terry Pinto apologized for having to add
this to the Agenda as an emergency item, and explained that they
did not realize we had to go through this procedure at this time
for this loan application. He recalled that when we acquired the
Bent Pine utility system, we funded it through impact fees, which
is the proper way to fund it, but the FmHA had indicated that
they would took at the possibility of giving us loan money out of
this year's allocation. They have since indicated that it is a
good possibility; however, we need two resolutions: 1) a
resolution authorizing the Chairman to sign the documents that
are to be forwarded to FmHA for processing of their loan
commitment, and 2) a loan resolution. Director Pinto explained
that all this does is get us in front of the right people to give
APR 10 1988
41
Boor 72 E'A �F 122
a final decision on whether they will lend us the $450,000 needed
to purchase the utility and to fund the connections of that
utility to our utility system so we can abandon the treatment
plant that is there now.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 88-25, authorizing the Chairman to request,
prepare, and execute all necessary Farmers Home
Administration documents relating to County sewer
facilities in Gifford.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 88-26, authorizing and providing for the
incurrence of indebtedness for the purpose of providing
a portion of the cost of acquiring, constructing,
enlarging, improving, and/or extending the Gifford
sewer system by the issuance of bonds in the principal
amount of $450,000.
42
APR 19 1988
BOOK 72 f'AGE 123
RESOLUTION NO. 88-25
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, TO THE
FARMERS HOME ADMINISTRATION RELATING TO COUNTY
SEWER FACILITIES IN GIFFORD.
WHEREAS, Indian River County has determined a need for
County sewer facilities; and
WHEREAS, the Board of County Commissioners has employed
engineers to prepare a Master Plan for the development of
sewer facilities; and
WHEREAS, the United States government, through the
Farmers Home Administration, has loan moneys available for
financing sewer facilities;and
WHEREAS, Indian River County desires to make an
application for a loan or grant from the Farmers Home
Administration;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Commission Chairman is authorized to request, prepare, and
execute all necessary Farmers Home Administration documents
and forward same to the FmHA on behalf of the Board.
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 Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 19th day of April, 1988.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Attest --Don
Chairman
rig
r•eda
.71PR 191988
43
KO .72 w,[124
USDA-FmHA
Form FmHA 194247
(Rev. 11-84)
A RESOLUTION OF THE
Position 5
RESOLUTION NO. 88— 26
LOAN RESOLUTION
(Public Bodies)
C
BOARD OF COUNTY COMMISSIONERS
FORM APPROVED
OMB NO. 0575-0015
OF THE COUNTY OF INDIAN RIVER, FLORIDA.
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
SEWER SYSTEM
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the
County of Indian River, Florida,
(Public Body)
(herein after called association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
Four hundred fifty thousand dollars ($450,000)
pursuant to the provisions of a resolut ion
WHEREAS, the association intends to obtain assistance from the Farmers Home Administration, United States Department of Agricul-
ture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) in the planning, fmancing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no
other acceptable purchaser for such bonds is found by the association:
NOW THEREFORE, in consideration of the premises the association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containing such
items and in such forms are required by STATE statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time
it shall appear to the Government that the association is able to refinance its bonds by obtaining a loan for such purposes
from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods
of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
3. To provide for, execute, and comply with Form FmHA 400-4, "Assurance Agreement"; and Form FmHA 400-1, "Equal
Opportunity Agreement", including an "Equal Opportunity Clause", which clause is to be incorporated in, or attached
as a rider to, each construction contract and subcontract involving in excess of $10,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per-
missible source.
5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov-
enant or agreement contained herein or in the instruments incident to making or insuring the loan, the Governnment at
its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay-
able, (b) for the account of the association (payable from the source of funds pledged to pay the bonds or any other
legally permissible source) incur and pay reasonable expenses for repair, maintenance, and operation of the facility and
such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility,
repair, maintain, and operate or rent it. Default under the provisions of this Resolution or any instrument incident to the
making or insuring of the loan may be construed by the Government to constitute default under any other instrument
held by the Government and executed or assumed by the Association, and default under any such instrument may be
construed by the Government to constitute default hereunder.
6. Not to . sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not permit
others to do so, without the prior written consent of the Government.
7. Not to borrow any money from any. source, enter into any contract or agreement, or incur any other liabilities in con-
nection with making enlargements, improvements or extensions to, or for any other purpose in connection with the
facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would
involve the source of funds pledged to pay the bonds.
8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be
deposited in institutions insured by the State or Federal Government or invested in readily marketable'securities backed
by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the
system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and
the establishment of adequate reserves. No free service or use of the facility will be permitted.
11. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the Government. .
12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to
provide for required audit thereof in such a manner as may be required by the Government, to provide the Government
without its request, a copy of each such audit, and to make and forward to the Government such additional information
and reports as it may from time to time require.
The agreement to provide the information collected through the loan resolution is required to obtain FmHA loan/grant assistance and the information
so collected is used to determine compliance with the covenants of this resolution and applicable FmHA regulations.
A P R 19 1988
44
Boo( 72 125
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to
the property of the system so that the Government may ascertain that the association is complying with the provisions
hereof and of the instruments incident to the making or insuring of the loan.
14. In cases where the Government requires that a reserve account be established and maintained, when necessary, disburse-
ments from the reserve account may be used for payments due on the bond if sufficient funds are not available in the
general or debt service accounts. With the prior written approval of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility which may have been caused by catastrophe.
(b) Repairing or replacing short-lived assets.
(c) Making extensions or improvements to the facility.
Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has
reached the required funded level.
15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain
FmHA's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which
are feasible and legal, such person shall have a direct right of action against the association or public body.
16. In the case of a grant in the sum not to exceed $ — 0 —
, the association
hereby accepts the grant under the terms as offered by the Government and that the
and of the association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant and
the association hereby resolves to operate the facility under the terms as offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise
specifically provided by the terms of such instrument, shall be binding upon the association as long as the bonds are held or
insured by the Government. The provisions of sections 6 through 15 hereof may be provided for in more specific detail in the
bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be,found
to be inconsistent with the provisions hereof, these provisions shall be construed as controlling as between the association and
the Government.
The vote was:
1N WITNESS WHEREOF, the
Yeas 5
Nays Absent
BOARD OF COUNTY COMMISSIONERS
COUNTY OF INDIAN RIVER
to be executed by the officers below in duplicate on this
(SEAL)
Attest:
Admin.
Leal
Budget
Dept,
Title
of the
has duly adopted this Resolution and caused
19th day of April ,19$$.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF INDIAN RIVER
CLERK OF THE BOARD OF COUNTY. COMMISSIONERS
I, the undersigned, as
hereby certify that the
CLERK
CERTIFICATION
of the COUNTY OF INDIAN RIVER
BOARD OF COUNTY COMMISSIONERS
of such Association is composed of
f ivo members, of whom , constituting a quorum, were present at a meeting thereof duly called and
held on the 19 t h day of Apr 1.1 , 19 __S8; that the foregoing resolution was adopted at such meeting
by the vote shown above; and that said resolution has not been rescinded or amended in any way.
Dated, this
* U.S. Government Printing Office: 1984-584_00W11548
•
LAPR 19 1988
day of Arri 1 19_a$
tO,A;te.,,e‘
Title rT.F.RK nF ) THF. RnART) nF f nINTY
COMMISSIONERS
45
BOOR , 72 FAA 126
CORRECTIONAL PLANNING COMMITTEE
The Board reviewed the following memo dated 4/19/88:
TO: Board of County Commissioners
FROM:
DATE: April 18, 1988
RE: CORRECTIONAL PLANNING COMMITTEE
Charles P. Vitunac,
County Attorney
BOARD MEETING - APRIL 19, 1988
The attached resolution recommends two changes to state law
concerning the county correctional planning committee, which
was recently formed as required by state law. The committee
elected Commissioner Wheeler as its Chairman and approved
the passage of the attached resolution.
The proposed changes would allow the Chairman of the Board
of County Commissioners to appoint an alternate and would
allow the committee to meet at the call of the Committee
Chairman rather than monthly.
We request permission for the Board Chairman to execute this
resolution and to forward it to the House and Senate
Committees dealing with criminal justice and the Florida
Association of Counties for their lobbying assistance.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 88-27, to the Legislature of the State of
Florida requesting certain changes to 5951.26, Florida
Statues, relating to County Correction Planning
Committees.
46
APR 1988
mu 72 F 127
RESOLUTION NO. 88-27
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, TO THE
LEGISLATURE OF THE STATE OF FLORIDA REQUESTING
CERTAIN CHANGES TO §951.26, FLORIDA STATUTES,
RELATING TO COUNTY CORRECTIONAL PLANNING
COMMITTEES.
WHEREAS, Indian River County has been exercising its
Home Rule powers to plan and construct required correctional
facilities in close cooperation with the local judiciary,
State Attorney, and Public Defender; and
WHEREAS, §951.26, F.S., requires that a state -defined
committee meet not Tess than monthly whether there is a
demand for a monthly meeting or not; and
WHEREAS, the committee membership of local public
officials meets at great expense to the local taxpayers; and
WHEREAS, all members required to be on the committee
are allowed to have specified alternates except for the
county commission chairman, who alone has no alternate; and
WHEREAS, Indian River County is opposed in concept to
state interference in local government affairs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that for the
foregoing reasons, Indian River County respectfully requests
that the Legislature of the State of Florida revise §951.26,
F.S., as follows:
1. Allow the board of county commissioners' chairman
to designate an alternate.
2. Allow the committee to meet at the call of the
committee chairman or a majority of the committee.
The foregoing resolution was offered by Commissioner
Eggert
who moved its adoption. The motion was
seconded by Commissioner Bowman
to a vote, the vote was as follows:
APR 1 9 1988
L_
Chairman Don C. Scurlock, Jr.
Vice -Chairman Gary C. Wheeler
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman
Commissioner Carolyn K. Eggert
47
and, upon being put
Aye
Aye
Aye
Aye
Aye
BOOK 72 mE 128
The Chairman thereupon declared the resolution duly
passed and adopted this 19th day of April, 1988.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
PARKS & RECREATION COMMITTEE REPORT
Doonn—C. 5curMd`ock
Chairman
The Board reviewed the following Summary of Actions:
PARKS AND RECREATION COMMITTEE
SUMMARY OF ACTIONS
APRIL 14, 1988
The Committee reviewed the User Fee and Revenue Study and
recommended minor changes. 1) #11 Corporation should be included
in the North Beach Complex properties on page 47; 2) the figures
on page 47 are incorrect; 3) on page 48, CARL funds should be
changed to L&WC funds. The Committeerecommended that the Board
of County Commissioners approve the Study as amended, and use the
Special Taxing District for operating expenses and not for
capital improvements unless there is an economic decline in the
other revenue programs.
The representative from Gifford abstained from voting because the
Gifford Civic Progressive League did not understand portions of
the Study. Commissioner Bird and Jim Davis will meet with the
Civic Progressive League and attempt to answer their questions.
VERO LAKES ESTATES
A resident from Vero Lakes Estates requested that one of the lots
designated for .a park be cleared of underbrush and debris, and
then the Homeowners Association will maintain the lot. Rex
Hailey was directed to look into the situation and report back to
the Committee at the next meeting.
The question of allowing residents to swim in the lakes located
on County properties was raised. The matter was referred to the
legal department to check on the County's liability and see how
the County can best protect itself against lawsuits arising from
injuries incurred.
APR 1 9 1988
48
BOOK
72fis129
FINGER DOCKS FOR SEBASTIAN BOAT•RAMP
The finger docks at the Sebastian Boat Ramp have deteriorated and
have been removed by the City of Sebastian. They asked that
$6,000 be approved from the motor boat registration fees or from
the Florida Boating Improvement Fund to replace the finger docks.
The Committee voted 7-1 to recommend that the County Commission
approve up to $6,000 to come from the Florida Boating Improvement
Fund.
ON MOTION by Commissioner Eggert. SECONDED by
Commissioner Bowman, the Board unanimously approved
up to $6,000 to replace the finger docks at the
Sebastian boat ramp with funding to come from the
Florida Boating Improvement Fund.
REPORT ON VICTORY PARK - PHASE 11
Commissioner Eggert reported that Phase II of Victory Park
has been funded, and that will take care of the $85,000 backup
loan.
C.O.R.E...PROPOSAL TO PLANT SEA OATS ON DUNE AT TRACKING STATION
PARK . •
The Board reviewed the following letter dated 4/18/88:
April 18, 1988
Board of County Commissioners
Indian River County, Florida
Dear Commissioners:
C.O.R.E., Incorporated
Conserve Our Resources, Incorporated
P.O. Box 6232
Vero Beach, Florida 32961-6232
611 9
n, ArR LL8
N
R�.Ci JV G
SOARD COUNTY
COMMISSIONERS ��
Oe
ti
This letter is a formal follow-up to our recent discussions with Gary Wheeler
regarding C.O.R.E.'s proposed volunteer sea oat planting project on Sunday,
April 24th at gam at the county Tracking Station Park.
This location was chosen because of the natural vegetation that exists on the
dune. There would be no irrigation required since sea oats can exist on the
ocean spray.
The project will involve the planting of 2,0I)0 sea oat plants along the toe
of the dune. The plants will be planted in a strip approximately six fectwide & 600'
long, with a spacing of 18 inches between plants. The plants have been donated
to C.O.R.E. by PIONEER PLANTS, a native plant nursery, located in Fort Pierce,
which specializes ingrowing sea oats for dune restoration projects.
APR 1 1988
49
BOOK 72 i v E. 130
Permission for the project has been given by Ernie Thrower, the regional inspector
with the DNR, also by .Jim Davis, Indian River County Works Director, sees no
problems with this project as outlined in this letter..
C.O.R.E. has been organized by a group of local naturalists to advocate conser-
vation and protection of our coastal resources. C.O.R.E. realizes the vital
importance of dune stabilizing vegetation. It has been proven that sea oat
plants build the dune by stopping wind blown sand and the roots are vital in the
control of erosion. The sea oat plant is,wiclely used for dune system restoration
throughout the Southeast Atlantic and Gulf Coasts of the Ignited States.
C.O.R.E. would be pleased to have the opportunity to plant the sea oats on the
beach, and we believe that his project will improve public awareness as to the
importance of dune vegetation. If you have any questions regarding the project
or if I can be of any further assistance to you, feel free to call me at
562-3389 between 9anr and 5pm.
Sincerely,
Herman C. Cook
Secretary/Treasurer
C.O.R.E., Incorporated
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously granted
permission for the planting of sea oats at the
County Tracking Station Park for the purpose of
dune stabilization.
REGIONAL STATE OFFICE BUILDING - FT. PIERCE, FLOFIDA
The Board reviewed the following letter dated 4/7/88:
50
APR 19 t988
BOOK 72 f,A F 131
CITY OF 'IRT PIERCE
g U N ,Q
i
1
Lorida CI TA
OFFICE OF THE MAYOR AND CITY COMMISSION
April 7, 1988
Mrs. Margaret Bowman, Commissioner
Indian River County
P.O. Box 783
Wabasso, Florida 32970
Dear Margaret:
CITY HALL, 500 BOSTON AVENUE
P.O. BOX 1480
FORT PIERCE, FLORIDA 33454
At the Tri -County Council of Local Governments meeting on today's date, those
present voted unanimously to support the City of Fort Pierce in its effort to locate
the Regional State Office Building at the "Biltmore" site in Fort Pierce. The 1986
Legislature authorized appropriations to secure land in the City of Fort Pierce for
a Regional Service Center. The City of Fort Pierce has been through a lengthy process
with the State in an effort to have the State select and buy the "Biltmore" site;
however, for a number of reasons the State put the City of Fort Pierce in a position
that required them to contract for a six acre tract of City land adjacent to the
Saint Lucie County Administration Building and Civic Center. The appropriation would
have expired had the City not signed that contract. The land is quite important
to all of Saint Lucie County for the future expansion of the Administration Building
and Civic Center.
The City did put.a Clause in the contract that precludes the State validating
the contract until the City has an opportunity to go directly to the cabinet in reference
to the entire fiasco. We anticipate that appearance in the near future. We will,
of course, be supplying all of the cabinet members with a great deal of supportive
material.
Your Council or Commiss imIs direct support_is very much needed. I am enclosing
a map showing the two parcels in question, along with the Biltmore site. Please
aliteLyour.lakers.directly to the governor an_d cabinet and mail them directly to me.
sothey may be presented at one time.
Please stress the following in.your letters:
1. The Biltmore site will greatly enhance the revitalization of the downtown
area.
2. The Biltmore site will provide direct access to many of the HRS clients.
(The HRS portion of the facility will occupy 50% of.the building).
3. Saint Lucie County very urgently needs to preserve the entire tract
of land that the City owns adjacent to the Administration Building
and Civic Center - it is the last available vacant land suitable for
expansion of that facility.
Thank you for your support in this very important matter.
Very truly you
William R. annahower
Mayor
APR 1 1988
51
8OG 72
F132
Commissioner Bowman advised that they are looking for a
6 -acre site and the State favors putting the building on
Virginia Avenue near the civic center, while the City of Ft.
Pierce would like to see it built on Orange Avenue near Avenue D
in the black community, because approximately 50% of this
building will be used by people coming to the HRS offices. The
City is asking us to write letters to the Governor and Cabinet
advising them of our support of the Orange Avenue site, and mail
the letters to the Mayor of Ft. Pierce so all the letters can be
presented at the same time.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved sending letters to the Governor and
Cabinet supporting the site favored by the City
of Ft. Pierce.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 10:15 o'clock A.M.
ATTEST:
Clerk
APR 1988
52
nal( 72 l'i�F 133