HomeMy WebLinkAbout5/31/1988Tuesday, May 31, 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,
May 31, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock,
Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird;
and Carolyn K. Eggert. Absent was Margaret C. Bowman, who was
out of state on vacation. Also present were Charles P. Balczun,
County Administrator; Charles P. Vitunac, Attorney to the Board
of County Commissioners; Joseph Baird, OMB Director; and Virginia
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Eggert led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
The Chairman requested the addition of Change Orders #1 and
#2 under the Rockridge Sanitary Sewer System Contract as Item 9A
(14) under the County Administrator's matters and the addition of
an agreement for Professional Engineering/Surveying Services for
improvements along the CR 512 corridor as Item 9A (15). He also
asked that Item 6A (12) - Street lighting at the Moorings and
Floralton Beach be deleted from today's agenda.
County Attorney Vitunac requested that under the public
hearing on the Solid Waste Disposal District 8A (1) an additional
Resolution amending the first two Resolutions adopted for the
District be added; this came in late from the bond lawyer. He
then handed out a new Resolution and a new Lease to be substi-
tuted under Item 10A (2) of the Attorney's matters, and advised
that these documents also came from the bond lawyers after the
agenda closed.
MAY 311988 'Nor
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, Commissioner Bowman being absent,
the Board unanimously (4-0) approved the addition and
deletion of items to the agenda as described above.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of April 26, 1988.
There were none.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, Commissioner Bowman being absent,
the Board unanimously (4-0) approved the Minutes of
the Regular Meeting of April 26, 1988, as written.
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Special Meeting of April 27, 1988.
There were none.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, Commissioner Bowman being absent,
the Board unanimously (4-0) approved the Minutes of
the Special Meeting of April 27, 1988, as written.
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of May 3, 1988.
There were none.
MAY 311988 2 BOOK 7 �,a�E X07
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, Commissioner Bowman being absent,
the Board unanimously (4-0) approved the Minutes of
the Regular Meeting of May 3, 1988, as written.
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of May 10, 1988.
Commissioner Eggert had several corrections. She noted that
on Page 26, the name of the Commissioner seconding the Motion was
omitted. It was determined that Commissioner Bird seconded the
Motion, and she requested his name be inserted accordingly. On
Page 30, Commissioner Eggert asked that the words "to the City"
be added to the end of the sixth paragraph so that it would read
"...she believed the county owns the ballfields and that we lease
them to the City." On Page 52, Commissioner Eggert requested
that the second sentence be clarified to read as follows:
"Sebastian Lakes has had a little trouble with their PUD, and the
new Building Official for the City of Sebastian did not agree
with the former official as to zoning." She also asked that on
the same page the word "and" be inserted on the 7th line so that
it would read "residential and public service districts."
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, Commissioner Bowman being absent,
the Board unanimously (4-0) approved the Minutes of
the Regular Meeting -of May 10, 1988, as corrected.
CONSENT AGENDA
Commissioner Bird requested that Items 8, 9 and 13, be re-
moved from the Consent Agenda for discussion, and Commissioner
Eggert asked that Item 15 be removed for discussion also.
3 BooK 72 408
I
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(1) PROCLAMATION - Safe Boating Week
PROCLAMATION
DECLARING THE WEEK OF JUNE 5-11, 1988
NATIONAL SAFE BOATING WEEK
IN INDIAN RIVER COUNTY
WHEREAS, more Americans each year are choosing
recreational boating as an ideal way to relax with their families
and friends. All too often, however, what starts out as a
pleasant cruise ends in tragedy because boatmen fail to teach
their families to swim; fail to properly equip their craft with
life preservers and other protective devices; or fail to instruct
their passengers on the use of such devices prior to a boating
cruise; and
WHEREAS, every year, many lives are lost in boating
accidents. These fatalities can be reduced and boating made more
pleasurable if those who engage in it will emphasize boating
safety rules; and
1
WHEREAS, the local Flotilla 5-6 of the U. S. Coast
Guard Auxiliary and the Vero Beach Squadron of the U. S. Power
Squadron are sponsoring this week in a joint effort to promote
safe boating;
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA do hereby designate the week of
June 5-11, 1988 as
NATIONAL SAFE BOATING WEEK
in Indian River County, and the Board further urges all citizens
to observe boating safety rules.
Dated this 31st day of May, 1988.
� ss
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
J � L
Dong C. curlock, Jr/. , hai an
4
BOOK .72 PA,r 0
(2) Retroactive Approval - Agreement w/Wilder Corp. re Temporary
tNa t 6 � &--V— ag e__r e e n — —
The Board Board reviewed memo from County Attorney Vitunac:
TO: Board of County Commissioners
v
FROM: Charles P. Vitunac, County Attorney
DATE: May 17, 1988
RE: VILLAGE GREEN TEMPORARY WATER AGREEMENT
BOARD MEETING - May 31, 1988
On May 17, 1988, an emergency meeting was scheduled among
the owners of the Village Green Mobile Home Park, the County
Commission Chairman, the County Administrator, the County
Utilities Director, the County Health Department, the County
Attorney's Office, and the Florida Department of
Environmental Regulation to discuss how to provide
acceptable potable water to residents of Village Green.
The attached agreement provides for temporary water service
by the County while the developer decides either to connect
to the County system permanently or to renovate the existing
water supply system. Because of the severe threat to public
health which would be caused by waiting until May 31 to
execute the agreement on behalf of the County, Chairman
Scurlock executed the agreement on an. emergency basis
subject to ratification by the Board of County
Commissioners.
We respectfully request retroactive approval for execution
of this agreement by the Board of County Commissioners.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) granted
retroactive approval of the execution of Agreement
with Wilder Corporation re temporary water service
for Village Green Mobile Home Park by Chairman Scurlock.
5 BOOK ?, PnE 410
'MAY 119*818
A G R E E M E N T
TH I S AGREEMENT, made this 17th day ' o f may
_T�__ .
1988, by and between INDIAN RIVeR-—C-OUNTY, apolitical
subdivision of the State of Florida, 1840 25th Street, Vero
Beach, FL 32960 (COUNTY), and WILDER CORPORATION, a
corporation existing under the laws of the State of Florida,
whose address is Post Office Box 2062, Vero Beach, FL 32960
(UTILITY),
W I T N E S S E T H:
THAT FOR AND IN CONSIDERATION of the mutual
covenants and other valuable consideration, receipt of which
is hereby acknowledged, COUNTY and UTILITY agree as follows:
1. COUNTY shall take immediate steps to
physically connect the Village Green Mobile Home Park to the
COUNTY's water system to provide water to approximately 780
mobile home units.
2. COUNTY shall charge its standard rate to the
UTILITY for the provision of potable water service, monthly
in arrears, based on metered consumption.
3. The COUNTY's obligation to provide temporary
water service through this connection point shall continue
for 120 days from the date of this agreement. After 120
days, COUNTY shall have the right to increase its
consumption charge to UTILITY by 50%, which shall be a
penalty to induce. UTILITY to take other steps to provide
permanent water service.
4. UTILITY agrees to pay in advance of COUNTY
water service, a deposit as specified in COUNTY ordinance to
--secure the prompt payment of the monthly consumption charge.
5. UTILITY sha11 'take steps. to' provide permanent
water service through either renovation of its existing
water service plant or by permanent connection to the COUNTY
water system, which will entail the payment of impact fees.
6. UTILITY acknowledges that after 120 days from
this agreement, even though penalty rates may be in effect
on water consumption, the COUNTY has the right to disconnect
the temporary water 'connection on two weeks' notice to
UTILITY.
7. UTILITY shall hold the COUNTY harmless from
any and all claims for damages which may arise from the
temporary provision of water by COUNTY to UTILITY.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals on the date first above written.
Date S — %� BOARD OF COUNTY COMM I SS I ONERS
INDIAN RIVER COUNTY, FLORIDA
o l.. SCUr I ock, l7r
Chairman
... W I LDE . CORPORATION
Date _
Maurice F. i I e r
ess ., President
itnes 4
6
i�" 11988 _ aooK /4q (.&A11 �1
(3) Out -of -County Travel - Administrative Aide Forlani
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) approved
out -of -County travel for Administrative Aide Liz
Forlani to attend the Florida Women in Government
25th Annual Conference June 21-25, 1988, in
Clearwater, Florida.
(4) Approve Grant of Funds from St. John's under SWIM Act
The Board reviewed memo from Environmental Health Director,
Michael Galanis:
TO: Indian River County DATE: 5/23/88 FILE:
Commissioners sitting as the
Indian River County Environmental Control Board
THRU: Charles Balczun,
Co. Administrator
Director,
SUBJECT: St. John's River Water
Management District grant of
funds under the SWIM Act
finis, M.P.H. REFERENCE:
ronmental Health
This a request that the Indian River County Board of County Commissioners
sitting as the Indian River County Environmental Control Board approve
the attached agreement to accept Water Management District funds, and
authorize its Chairman to sign the agreement and forward it to the Water
Management District. The attached agreement has already been approved in
concept by the Board of County Commissioners sitting as the Environmental
Control Board, at its meeting on May 10 , 1988. The language of the
agreement has now been approved by the Water Management District Board
and its attorney, and the agreement is ready for signature. The agree-
ment provides for total funding of approximately eighty five thousand
_ ($85,000) dollars over a three year period for the investigation of
pollution sources and enforcement of pollution laws affecting the Indian
River Lagoon.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board (sitting as the Indian
River County Environmental Control Board) unanimously
(4-0) approved the Agreement with St. Johns River
Water Management District in regard to grant funds
of approximately $85,000 under the SWIM Act.
SAY 3 x.1999
F ,s 4 .
COPY OF PARTIALLY SIGNED AGREEMENT IS ONE FILE IN THE
OFFICE OF CLERK TO THE BOARD.
(5) Final Plat Approval - Sandpointe Subdivision
The Board reviewed memo of Chief Planner Boling:
TO:Charles P. Balczun DATE: May 19, 1988 FILE:
County Administrator
DIVISION HEAD CONCURRENCE:
FINAL PLAT APPROVAL FOR
Ro ert M. Keatin , A P SUBJECT: SANDPOINTE SUBDIVISION
Community Development Director
�CM= Boling
REFERENCES: Sandpointe
Stan o g
Chief, Current Development STAN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 31, 1988.
DESCRIPTION AND CONDITIONS:.
Sandpointe Subdivision is a 100 lot subdivision of ±52 acre parcel
located on both sides of S.R. A -1-A, immediately south of Seagrove
Subdivision. On October 8, 1987, the Planning and zoning Commis-
sion approved the preliminary plat for. the subdivision. At this
time the developers are platting that portion of the project,
approximately 23 acres, which lies on the east side of S.R. A -1-A.
This plat will consist of 47 lots with a residential density of ±2
units/acre.
On May 17, 1988, the Board of County Commissioners voted to accept
a $6,700.00 donation to the park development fund in lieu of
requiring a 15' wide public access easement across the site to the'
ocean. The applicant, Carter Associates, Inc., is now requesting `
final plat approval and has submitted the following:
1. a final plat in conformance with the approved preliminary
plat;
2. a certified cost estimate for construction of all required
subdivision improvements;
3. a contract for construction of required improvements;
4. 'a letter of credit guaranteeing the construction contract;
and
5. a check in the amount of $6,700.00 to satisfy the public
access requirement.
ANALYSIS:
The County Public Works Department has verified that the submitted
certified cost estimate is adequate. The County Attorney's office
8
B00K
SAY 311988
;'F 413
has approved the submitted construction contract and the submitted
letter of credit. All applicable requirements regarding "bonding -
out" for final plat approval have been satisfied.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval for this portion of Sandpointe Subdivision,
accept the submitted letter of credit, and authorize the Chairman
to execute the submitted contract for construction of required
improvements.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) granted
Final Plat Approval for that portion of Sandpointe
Subdivision lying east of SR A -1-A, accepted the
submitted letter of credit and authorized the
Chairman to execute the Contract for Construction
of Required Improvements.
SAID CONTRACT & COPY OF LETTER OF CREDIT ARE ON FILE IN THE
OFFICE OF CLERK TO THE BOARD.
(6) Final Plat Approval - Grand Harbor Plat 4
The Board reviewed memo of Staff.Planner Wiegers:
T :Charles P. Balczun DATE: May 17, 1988 FILE:
County Administration
DIVISION HEAD CONCURRENCE:
FINAL PLAT APPROVAL.FOR
Robert M. Keat ng, ICP SUBJECT: GRAND HARBOR PLAT 4
Community Develop ent Director
THROUGH: Stan Boling.�
.Chief, Current Development
��
FROM:
Robert E. Wiegerse;? REFERENCES: balczun
Staff Planner BWIEG2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 31, 1988.
DESCRIPTION AND CONDITIONS:
At its regular meeting of March 22, 1988, the Board of County
Commissioners granted final plat approval to the Phase I plat . of
Grand Harbor. The Phase I plat created the POD boundaries for POD
Boos C E��a1
'MAY 3 11988
"H" (Harmony Island), and POD "P" (Wood Duck Island), as well as
future recreational and clubhouse area, rights-of-way, open areas
and waterbodies. With this application the developers are propos-
ing to plat within the POD "P" (Wood Duck Island) boundaries in
order to create individual land condominiums with common recre-
ational open areas, access easements, etc.
^•The subject property is zoned RM -6, Multi -Family Residential (up
to 6 units/acre) and has an MD -1, Medium Density Residential (up
to 8 units/acre) land use designation. At its regular meeting of
October 9, 1986, the Planning and Zoning Commission granted
preliminary PRD approval for this project, including a plat.
The owners, Gulf Cove, Inc., are now requesting. that final plat
approval be granted for the Grand Harbor Plat 4 and have
submitted:
1. a final plat, substantially in conformance with the approved
preliminary PRD plan and plat.
ANALYSIS:
All required improvements have been constructed and have been
inspected and approved by the Public Works and Utilities Depart-
ments. The final plat is substantially in conformance with the
approved preliminary PRD plan, and all requirements for final plat
approval have been satisfied.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to Grand Harbor Plat 4.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird the Board unanimously (4-0) granted
Final Plat Approval to Grand Harbor Plat 4.
(7) Release of Easement - Oak Rimae Subdv. (Mickel Rexford)
The Board reviewed memo of Code Enforcement Officer Heath:
10
BOOK 72 rA;F 415
TO: The Honorable Members of DATE: May 6, 1988 FILE:
the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
/ "i_SUBJECT: RELEASE OF EASEMENT
Robert M.'KedyinAICP REQUEST BY MICKEL LEE
Community Development Director & LINDA REXFORD,
PROPERTY: LOT 13,
THROUGH: Michael K. Miller BLOCK D, OAK RIDGE SUB -
Chief, Environmental DIVISION UNIT ONE
FROM: Planning REFERENCES:
Charles W. Heath REXFORD MEMO
Code Enfnrnement Officer nTSK_ CHF.ATH
It is requested that the data herein be presented given formal
consideration by the Board of County Commissioners at their
regular meeting of May 31, 1988.
DESCRIPTION AND CONDITION:
The County has been petitioned by Mickel Lee and Linda Lee
Rexford, owners of the subject property, for the release of the
easterly five (5) foot non -access easement, being the easterly
five (5) feet of Lot 13, Block D, Oak Ridge Subdivision Unit
One, Section 25, Township 33, Range 39 East, Indian River
County, Florida; according to the Plat thereof as recorded in
Plat Book 11, Page 94, of the Official Records of Indian River
County, Florida. It is the petitioners intention to construct
a concrete driveway on that portion of the property.
The current zoning classification of the property is RS -6,
Single -Family Residential District. The Land 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, Florida Cablevision Corporation, and
the Indian River County Utility and Right -of -Way Departments.
Based upon their reviews, there are no objections to the
release of the non -access easement. Staff analysis indicates
that traffic patterns would be handled adequately in the
-subdivision.
RECOMMENDATION:
Staff recommends to the Board through.the adoption of a reso-
lution, the release of the easterly five (5) foot non -access
easement of Lot 13, Block D, Oak Ridge Subdivision, Unit one,
being the easterly five (5) feet of Lot 13, Block D, Oak Ridge
Subdivision, Unit One, Section 25, Township 33, Range 39 East,
Plat Book 11, Page 94, of the Public Records of Indian River
County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) adopted
Resolution 88-36 approving release of the easterly 5'
non -access easement Lot 13, Block D, Oak Ridge Subdv.,
Unit One, as requested by Mickel Lee and Linda Rexford.
Boa 72 o � J 416
MAY 31198
RESOLUTION NO. 88-36
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, ABANDONING CERTAIN
EASEMENTS IN THE OAK RIDGE
SUBDIVISION UNIT No. ONE, LOT 13,
BLOCK D,
WHEREAS, Indian River County has easements as
described below, and
WHEREAS, the retention of those easements serves
no public purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian
River County, Florida, a political subdivision of the State
of Florida, Whose moiling address is 1840 25th Street, Vero
Beach, Florida 32960, Grantor, to Mickel Lee and Linda Lee
Rexford, their successors in interest, heirs and assigns,
whose mailing address is Post Office Box 650704, Vero Beach,
Florida 32965=0704, Grantee, as follows:
Indian River County does hereby abandon all right,
title, and interest that it may. have in the following
described easements:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
THIS RESOLUTION was moved for adoption by Commis-
sioner Eggert , seconded by Commissioner
Bird , and adopted on the 31st day of
May , 1988, by the following vote:
Commissioner Scurlock Aye
Commissioner Bowman Absent
Commissioner Bird Aye
Commissioner Eggert Aye
Commissioner Wheeler Aye
The Chairman thereupon declared the resolution
duly passed and adopted this 31st day of May
1988.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By G
Don C. Scurlock, Jr.
Chairman'
EXHIBIT "A"
The easterly five (5) foot non -access easement of Lot 13,
Block D, Oak Ridge Subdivision Unit No. One, being the
easterly five (5) feet of Lot 13, Block D, Oak Ridge
Subdivision Unit No. One, Section 25, Township 33, Range 39
East, according to the plat thereof, as recorded in Plat
Book 11, Page 94, of the Official Records of Indian River
County, Florida.
t Z BOOK 721 F'A GE 417
MAY 3 119
(8) Bid #431 __Breathing Air System
The Board reviewed memo from Purchasing Manager Ambler:
TO:Charles P. Balczun DATEMaFILE:
May 17, 1988
County Administrator
FRO Me
Ambler, .P. .
Purchasing Department
1. DESCRIPTION AND CONDITIONS:
SUBJECT: Amllm OF IRC BID
#431 -BREATHING AIR
SYSTEM
REFERENCES:
Bids were received Wednesday, April 20, 1988, at 2:00 pm
for IRC Bid #431.
12 Invitations to bid were sent out. 5 bids were received
including 3 no bids.
This bid was advertised in the newspaper.
2. ALTERNATIVES AND ANALYSIS:
The low bid meeting specifications was submitted by Fire
Eq ipa t. Services at $11,871.65.
No exceptions to our specifications were taken by this
vendor.
'1��•. i I� 11' • It 11 1
Staff recommends that this bid be awarded to Fire Equipment
Services.
Budgetary funding has been confim-ed for expenditure from
North County Fire District, Account #115-104-522-066.49
Commissioner Bird advised that his question was whether we
should approve this sitting as the District Board of Fire
Commissioners or as the Board of County Commissioners.
Commissioner Wheeler believed both the Advisory Committee
and the Commission sitting as the Fire District Board have
already approved the purchase of this equipment.
Commissioner Eggert wished to know what exactly a "breathing
air system" is.
13
BOOK 72 FA E IS
Commissioner Wheeler informed her that it is the equipment
used to fill the air tanks the firemen use to go in smoke filled
buildings; actually, it is a type of compressor.
Commissioner Bird further pointed out that while we have a
cover letter stating that Fire Equipment Services was low bidder,
we do not have any of the other back-up material we normally
receive - no bid tabulation, etc. He emphasized that when
something such as this is on the Consent Agenda, he would like
the Board to have not only the cover letter but the recap of the
other bidders, etc.
Purchasing Manager Ambler apologized for this omission.
Chairman Scurlock informed the Board that County Attorney
Vitunac has pointed out that if we haven't taken action as the
Fire District Board, that is, in fact, the appropriate action to
take place; so, any Motion should be subject to the fact that it
has been approved by the North County Fire District. The
Chairman asked staff to research the District Minutes and advise
the Board before the meeting is over whether this item has been
approved by the District or not.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Eggert, the Board unanimously (4-0)
awarded Bid #431 for a Breathing Air System to
the low bidder Fire Equipment Services in the
amount of $11,871.65, subject to this equipment
having been approved by the Commission sitting
as the North County Fire District Board.
(9) Bid #432 - HeavVDuty Hydraulic Rescue Tool
The Board reviewed memo from Purchasing Manager Ambler:
14
Y 3 11988 Book F; ljF 419
M
Tr)- nATF- FII E
F
Charles P. Balczun
County Administrator
May 5, 1988
SUBJECT: AWARD HEAvY DUTY
HYDRAULIC RESCUE
ZvOOL-IRC BID #432
Purchasing Manager
1. DESCRIPTION AMID CONDITIONS:
RENCES:
Bids were received Wednesday, April 20, 1988, at 2:00 p.m.
for IRC Bid #432.
10 Invitations to Bid were sent out. 7 Bids were received
including 5 No Bids.
This bid was advertised in the newspaper.
2. ALTERNATIVES AND ANALYSIS:
The low bid meeting the intent -of our specifications was
submitted by Counts Rescue Equigrent Co. at $6285.20. They
have taken a minor exception to our specifications page 6,
item 1.1. This exception addresses the rescue tool opening.
Our specification required 32 inches, this vendor's machine
opens 27 inches. Staff believes this to be minor.
A bid was submitted by Dowling Fire, however, they have taken
five exceptions to our specifications. Because of the major
nature of these exceptions staff believes their bid should
be rejected. Their exceptions are as follows:
A) Warranty page 5. We request on site warranty,
this vendor will only provide repairs at their
factory.
B) Operating mechanism page 6, Item 13. Our specifi-
cations required valve operation with thumb and hand
_ control. Their machine offers hand control only.
C) Arms of the Unit page 6, item 1.5. Our specification
required rod link drive design. Their unit is screw
type operation.
D) Tips must be field replaceable, page 6, item 2.0.
Theme equipment does not have field replaceable tips.
E) Chains must be attached and removed by pins, page 6,
item 2.2. Their chains are screw attached.
I have attached a complete bid package showing the variances
from both bidders. I have no reason to believe that additional
bidding would result in more competition.
3. RECOMMEMATIoN AND FUNDING:
Staff reccmrends that this bid be awarded to Counts Rescue
Equipment Co.
Budgetary funding has been confirmed for expenditure from
North County Fire District, Account #115-123-522-066.49
15 BOOK 420
MAY 31 1988
Commissioner Bird again had the same question as to whether
the Board should be dealing with this matter as the North County
Fire District Board, but felt this already has been addressed.
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Eggert, the Board unanimously (4-0) awarded
Bid #432 for a Heavy Duty Hydraulic Rescue Tool to
Counts Rescue Equipment Co. in the amount of $6285.20
as recommended by staff, subject to this having been
approved by the Commission sitting as the North County
Fire District Board.
Staff will research the Minutes in this regard also.
(10) Bid #444 - Micro Computers
The Board reviewed memo from Purchasing Manager Ambler:
TO: Charles P. Balczun DATE: May 23, 1988 FILE:
County Administrator
SUBJECT: Award of IRC
bid #444
MiFW computers
FROM: 2 REFERENCES:
(76s Amble , C.P.
Purchasing Department
1. DESCRIPTION AND CONDITIONS:
Bids were received Wednesday May 18,1988 at 2 P.M. for
IRC bid 444
7 Invitations to bid were sent out. Three bids were received.
This bid was advertised in the newspaper.
I
2. ALTERNATIVES AND ANALYSIS:
The low bid meeting specifications was submitted b Radio Shack
/Modern Electronics at $8,552.49 ($2850.83 each)cu bastian.
No exceptions to our specifications have been taken by this
company.
16 Do, 9 rnr 421
SAY 1 �
3. RECOMMENDATION AND FUNDING:
_ Staff recommends that IRC bid 444 be awarded and the•purchase be
made from Radio Shack/ Modern Electronics.
Purchasing currently is holding only one requisition for one micrc
computer for BCC offices. This bid contains options for the
purchase of two more at a later date.
C
C
C
Budgetary funding for the one micro computer has been confirmed
for expenditure. Additional orders will only be placed after the
Budget office has confirmed the availability of funds.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) awarded
Bid #444 to Radio Shack/Modern Electronics, Sebastian,
for Tandy Micro Computers as recommended by staff per
the following Bid Tabulation:
BOARD OF COUNTY COMMISSIONERS 01 r
1840 25th Street
Vero Beach, Florida 32960
X
BID TABULATION Vii' (,, 0
BID NO. DATE OP NTNG
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BID TITLE j� _� "/Gn
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ITEM DESCRIPTI
NOON.
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Bou 72 FnUF.42
� J
(11) Budget Amendment #838 - Unemployment Compensation_ Charges
The Board reviewed memo from Budget Analyst Miller:
TO: Members of the Board
of County Commissioners
DATE: May 23, 1988
SUBJECT: UNEMPLOYMENT COMPENSATION
CHARGES TO THE COUNTY
BUDGET AMENDMENT - 038
THROUGH: Joseph A. Bair
OMB Director '
FROM: Leila Miller
Budget Analyst
Description and Conditions
The State of Florida, Department of Labor has charged Indian River
'ounty for Unemployment Compensation payments to former employees.
A budget amendment is required to reflect these payments.
Recommendation
Staff recommends the Board of County Commissioners approve budget
amendment 038 to record Unemployment Compensation payments, funding__
to come from contingencies.
STATE OF FLORIDA ~'
LES FORM UCT29 DEPARTMENT OF LABOR.& EMPLOYMENT SECURITY
(REV. 1/88)
DIVISION OF UNEMPLOYMENT COMPENSATION
BUREAU OF TAX
TALLAHASSEE. FLORIDA 32399-0217
REIMBURSEMENT INVOICE
THIS IS A STATEMENT OF CHARGES TO YOUR ACCOUNT BECAUSE OF UNEMPLOYMENT
COMPENSATION PAYMENTS TO YOUR FORMER EMPLOYEES.
IRIDIAN RIVER COUNTY BOARD OF
COUNTY. COMMISSIONERS
C/O FINANCE OFFICER
PO BOX 1028,
VERO BEACH FL 32960
ACCOUNT NO. QUARTER ENDING
i9 76 G3 7 MAR 319 1988
DATE
$AV Ole 1988
THE TOTAL AMOUNT DUE MUST BE PAID
WITHIN 30 DAYS OF THE ABOVE DATE.
FOR FURTHER INFORMATION ORI CLAIMANTS SHOWN BELOW* PLEASE CALL (904)488-0490
LOCATION CODE AS SHOWN ON DETERMINATION NOTICE TO BASE PERIOD EMPLOYER OF VALID.CLAIM FILED.
LES FORM UCO -12R 1. '
MAKE CHECK PAYABLE TO:
FLORIDA UNEMPLOYMENT COMPENSATION FUND
RETURN ONE COPY WITH YOUR REMITTANCE
TOTAL AMOUNT DUE
966.43
CLAIMANT'S NAME
SOC. SEC. NO.
EXPIRATION
DATE
OF CLAIM
NO. WEEKS
OF BENEFITS
PD. IN QTR.
CHARGES TO YOUR
ACCOUNT
ERNEST L RIDER
186-26-2986 10/03/HB 6
822.CO
A
CHARGES TO YOUR
ARTHUR L SANDERS
266-81-2678 05/10/87 CASRF
-259.66-`
OF CLAIM
WESLEY P MUNDY JR
311-46-1430 10/ 17/88 21
198.00�
M L TECKFNBROCK
DAVID V STREET
320-50-0726 02/07/88 4
''-'197.59
5.70
DAVID V STREET.
320-50-0726 02/07/89 6
8:?0
MAKE CHECK PAYABLE TO:
FLORIDA UNEMPLOYMENT COMPENSATION FUND
RETURN ONE COPY WITH YOUR REMITTANCE
TOTAL AMOUNT DUE
966.43
18 BOQK / FdCE `t?3
JAY 3 11988
EXPIRATION
NO. WEEKS
CLAIMANT'S NAME
SOC. SEC. NO.
DATE
OF BENEFITS
CHARGES TO YOUR
OF CLAIM
PD. IN QTR.
ACCOUNT
M L TECKFNBROCK
308-24-0151
01/24/89
3
5.70
18 BOQK / FdCE `t?3
JAY 3 11988
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bird, the Board unanimously (4-0) approved
Budget Amendment #038, as follows:
TO: Members.of the Board
of County Commissioners
FROM: Leila Miller, Budget Analyst
THROUGH: Joseph A. Baird, OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 038
DATE: May 23, 1988
Entry
Number
Funds De artment Account Name
Account Number
Increase
Decreasc
1.
ROAD AND BRIDGE
Road and Brid a Unem to . Comy.
111-214-541-012.15
$1020.00
Reserve for
Road and Bridge/Contingency
111-199-581-099.91
0
1020.0(
M.S.T.U.
Plannin Unem to ent Comp.
004-204-515-012.15
207.00
{
Reserve
M.S.T.U. for Contingency
004-199-581-099.91
0
207.0(
3.
GENERAL FUND
*
General Fund Refund prior year
001-000-369-030.00
260.00
c
Reserve
General Fund for Contingency
001-199-581-099.91
260.00
_
Clerk of Circuit Court
001-309-516-012.15
6.00
Reserve
General Fund for Contingency
001-199-581-099.91
0
6.0(
*Building and Grounds received
a credit on payments made in
the prior year.
(12) Street Lighting at Moorings 8 Floralton Beach
The above matter was deleted from today's agenda.
(13) Automatic Call -Down System - Emergency Management
The Board reviewed memo from the Emergency Management
Director:
L_
19
Bou 72 Vivi 424
TO: Charles Balczun DATE: May 23, 1988 FILE:
County Administrator
SUBJECT: Agenda Item - Approval to
Purchase an Automatic Call -
FROM: Doug Wright, Director
Down System (Phonemaster)
Emergency Management Services
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at the
next regular meeting.
DESCRIPTION AND CONDITIONS
The Indian River County Department of Emergency Management Services
is seeking the approval to purchase the Phonemaster Automatic Call -
Down System which will enable the Director to single-handedly alert
his staff of current conditions and to advise key elected officials
and department heads of the possible threat of a hurricane or other
disaster.
During the period of time when Hurricane Floyd threatened the east
coast of Florida in 1987, a total of four staff were on the phones
for a period in excess of two hours notifying the appropriate key
officials of the threat and planned actions. Many other functions
and actions had to be delayed while the notification process was
accomplished. When the threat subsided, the process of staff cons-
tantly on the phones notifying the same officials.
A personal computer based system has been developed to accomplish
these tasks automatically for a price of $3,645.
ALTERNATIVES AND ANALYSIS
The personal computer based system will allow the Emergency Manager
-- to automat-tcally deliver a---message;—sn—his--voice;--t-o—emergency
responders, volunteers, shelters, hospitals, media, key government
officials, the special needs population, and others in need of
immediate information for response actions. All features of the
recommended system may be accessed and directed by remote control
through use of a touch tone phone. The system also has a voice
message center for access by staff and others loaded into the system
with access codes.
During times of emergencies such as a hurricane, emergency manage-
ment staff has many varied duties to perform. If this equipment
is approved for purchase, it will perform multiple functions,'per-
mitting staff to deal with other duties related to protection of
the populace. The system provides for 80 to 90 calls per hour
which is significant. Other phone lines will not then be tied
up by multiple staff making outgoing calls and the general public
will be able to access the Emergency Operations Center for infor-
mation on the open lines.
The system is now in place and operational in Sarasota, Orange,
Citrus, and Pinellas counties in Florida. The system has proved
very beneficial and documentation is available to verify the opera--
tional abilities of the equipment.
RECOMMENDATION
Staff recommends approval of the purchase of the Automatic Call.:
Down System for the Department of Emergency Management Services.
Funds are currently available in capital outlay accounts to purchase
the equipment since purchase of headend equipment for the public
notification system will not have to be purchased as this has been
accomplished by the local Cablevision company. The system will
cost $3,496 plus $150 for an optional three year warranty. The
price of the system is minimal in terms of benefit as we constantly
seek means to protect the populace to the maximum degree with the
minimum of costs.
MAY2
11988 RccK 72 42.15
Commissioner Bird wished to know what budget this is coming
out of.
Emergency Management Director Wright advised that it is
coming out of his capital equipment outlay funds from a piece of
equipment he did not have to buy.
Commissioner Bird felt it was standard practice that the
last item in the cover letter would set out what fund is
involved, and the funding wasn't set out on this one.
Director Wright believed his recommendation set out that
funds are available in his capital outlay accounts.
ON MOTION by Commissioner'Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
approved the purchase of an Automatic Call -Down
System (Phonemaster) as requested by Emergency
Management Director Wright.
(14) Purchase Computer Software to Assist in Responding to a
Hurricane Threat
The Board reviewed memo from the Emergency Management
Director:
TO: Charles Balczun DATE: May 23, 1988 FILE:
County Administrator
SUBJECT: Agenda Item - Approval to
Purchase Computer Software
to assist in responding to
a hurricane threat.
FROM: Doug Wright, Director REFERENCES:
Emergency Management Services
It is requested that the information herein presented be given-,.
formal consideration at the next regular meeting, of the Board of
County Commissioners.
21
MAY 311988 Boos 72 F, vA
DESCRIPTION AND CONDITIONS
The Indian River County Department of Emergency Management Services
currently depends exclusively upon watches and warnings issued
by the National Hurricane Center to trigger response decisions.
The fact is that the Hurricane Center can't ensure that warnings
will be issued early enough for necessary responses to be completed
safely.
Situations have occurred in this state when watches are not issued
at all for a particular area when a hurricane suddenly changes
course, and locations suddenly and unexpectedly find themselves
in the midst of a warning. Computer software is available to help
organizations make maximum use of weather information to display
current and forecast storm locations and characteristics, graph-
ically depict the uncertainty in the forecast location, graphically
depict the uncertainty in the intensity forecast, as well as to
provide tools to analyze and communicate threat information.
ALTERNATIVES -•AND ANALYSIS
Indian River County .has somewhat -of a unique situation in that
a substantial part of the populatiois located on a barrier island.
As a result, this county will need to begin certain responses even
before timely warnings are issued. The information generated from
�,.Iis software in graphic form will immediately be available in
color to advise and present to decision makers as to response
actions that need to occur. The price of the software in $395
from Hazards Management Group. A demonstration disk is available
in the Emergency Management Office if individuals would like to
review it. Funds are available in the capital outlay funds of
the department budget since one $8,000.00 item will not need to
be purchased since Cablevision purchased the headend equipment
that was projected for purchase as part of the public notification
system.
RECOMMENDATION
Comments made earlier were in no way critical of the National
Weather Service or the National Hurricane Center. The fallibility.
of watches and warnings stems from the inperfection in the current
state-of-the-art of hurricane forecasting. Evacuation of the
barrier island looms as a huge task should a hurricane make landfall
on the east coast of this state within reasonable distance of this
county. Any way that we can enhance our ability to protect the
populace and protect property should be undertaken.
Staff recommends the purchase of the computer software referenced
above from existing capital funds in the Department of Emergency
Management Services budget. The price of $395 is minimal in terms
of possible benefit. Adequate computer hardware is available to
accommodate the software requested for purchase.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) approved
the purchase of computer software as described above
in the amount of $395 as requested by the Emergency
Management Director.
22 Bou 1 +qGE 4?7
MAY 31198$
(15) Bid #440 - Fire Extinguishing System __Fleet Management
The Board reviewed memo from Purchasing Manager Ambler:
TO: Charles P. Balczun DATE: May 25, 1988 FILE:
County Administrator
FRO 16r "C.P.M.
Purchasing Department
SUBJECT:
REFERENCES:
1. DESCRIPTION AND CONDITIONS:
AWARD OF IRC BID #440
SUPPLY AND•INSTALL FIRE
EXTINGUISHING SYSTEM
FOR FLEET MANAGEMENT
Bids were received on Wednesday May 11,1988 at 2 P.M. for IRC
bid #440 --
12 invitations to bid were sent out. 8 bids were received includi
4 no bids.
This bid was advertised.in the newspaper.
2. ALTERNATIVES AND ANALYSIS:
The low bid meeting our specifications was submitted by Fire
Equipment Services Inc. of Ft. Pierce at $9302.00.
No exceptions to our specifications have been taken by this compai
3. RECOMMENDATION AND FUNDING:
Staff recommends that we award this contract to Fire
Equipment Services Inc.
Budgetary funding has been confirmed for expenditure form Fleet
Management accounts.
Commissioner Eggert questioned the contrast in size of these
bids. For example, under Supply 8 Install we see $11,860,
$14,575, and the one we choose at $4,442 while under Optional
Conduit we see figures ranging from $890 to $800 to $3,060, which
she found odd.
Purchasing Manager Ambler: advised that he also was concerned
about that and discussed it with the vendor, who assured him that
he can do the job for those prices.
23 BOOK �2 PAGE 4�8
MAY � 11999
c
ON MOTION by Coffmissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
awarded Bid #440 to supply and install a fire
extinguishing system for Fleet Management to Fire
Equipment Services, Inc., of Fort Pierce, in the
amount of $9,302, as recommended by staff.
BOARD OF •COMMISSIONERS
. 1840 �!Ith Street
Vero Beach., Florida 32960
• TABULATION
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(16) Budget Amendment - #040 (Various)
The Board reviewed memo from OMB Director Baird:
24
MAY 311988
6®QK -f c 9
r
TO: Members of the Board
of County Commissioners
DATE: May 24, 1988
SUBJECT: BUDGET AMEMDMEMT - 040
FROM: Joseph A. Bair
il—
OMB Director
Description and Conditions
Attached is a budget amendment appropriating funds for the
following items:
1. Board of County Commissioners authorized the
payments of $27,241.00 of interest to Florida
Power and Light at the meeting of May 3,
1988.
2. Emergency Management was authorized by the
Board of County Commissioners to purchase
computer software at a cost of $1,000.00.
3. On October 20, 1987, the Board of County
Commissioners authorized modifications to the
lift station at the jail not to exceed
$24,000.00. Money was to be transferred from
Phase II Contingencies to Construction in
Progress.
Recommendation
Staff recommends the Board of 'County Commissioners approves the
aforementioned budget amendment.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved Budget Amendment #040 as recommended
by the OMB Director.
TO: Members of the Board SUBJECT: BUDGET AMENDME
of County Commissioners
NUMBER: 040
FROM: Joseph A. Baird, OMB Director DATE: Mav 24. 1988
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decre,
1.
GENERAL FUND
Other Current
Clerk of Court Ch s.& Obli .
001-309-516-034.99
$27,241.00
Reserve for Contingencies
00 81-099.91
0
IS27,241
2.
Other operating
Emergency M t. Su es
00 -208-5 - 3 9
1 00.00
serve.for Contincrencies
001-1990581-099.91
0
1,00,
3.
Construction in
Jail Phaseess .391-906-523-066.51-$27,000.
Reserve Continctencies 1391-906-581-099.91
0 1
S27,000
25
i .s
Boa 72 Fnu 4.30
r � �
(17 Budget Amendment #037 - Radio for Animal Control
The Board reviewed memo from Budget Analyst Miller:
TO: Members of the Board
of County Commissioners
THROUGH: Joseph A. Bair
OMB Director
FROM: Leila Miller
Budget Analyst
Description and Conditions
DATE: May 24, 1988
SUBJECT: RADIO FOR ANIMAL
CONTROL -
BUDGET AMENDMENT 037
CONSENT AGENDA
On April 5, 1988 the Board of County Commissioners approved the
purchase of two (2) hand held radio's for Animal Control. Budget
Amendment 037 reflects the funding for this equipment.
Recommendation
Staff recommends the Board of County Commissioners approve Budget
Amendment 037 in the amount of $1,600.00.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved Budget Amendment #037 as recommended
by the OMB Director.
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
fpa{: Leila Miller, Budget Analyst NUMBER: 037
THROUGH: Joseph A. Baird, OMB Director DATE: May 24, 1988
Entry
Number
Funds De artment Account Name
Account Number
Increase
Decrease
1.
Federal Revenue Comm.
SharinaZAnimal Ctrl. E i .
102-250-562-066.45
$1,600.00
0
JGF/Reserve for Conti en
1102-199-581-099.911
0
IS1,600.00
(18) Summer Recreation Leader
The Board reviewed memo from Recreation Director Patricia
Callahan:
26 BooK 72 431
MAY S 11
TO
Charles Balzun, County Administrator
Patricia Callahan, Director ma'
SUBJECT Summer Recreation Leader - Gifford
Indian River County
Recreation
DATE May 23, 1988
With your approval, I will be hiring a summer recreation leader at Gifford
Park. This position is not on the position control table, but is badly
needed this summer. The dates of usage is June 1 to August 3. 8 weeks
at 40 hours a week for a total of 320 hours. There are sufficient funds
in the present 001-108 account to cover this need.
Thank you for your attention.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the hiring of a summer recreation
leader at Gifford Park as recommended by Recre-
ation Director Callahan.
(19) Release of County Liens
. oti?ri 7hA _
The Board reviewed memo from County Attorney Vitunac:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: May 19, 1988
RE: CONSENT AGENDA - FOR BCC MEETING 5/31/88
RELEASE OF COUNTY LIENS
Lea Keller of this office has processed the following
and requests permission for the Chairman to execute the
release forms:
Release of one ERU - Lot 55-S
COUNTRYSIDE SOUTH - REALCOR
State Road 60 Sewer Project
27 BOOK 72 F'A �G 432SAY � 1���
Release of Paving & Drainage Lien
Peter G. Sabonjohn, Sr.
38th Avenue bet. 4th & 6th Streets
Release of Paving & Drainage Lien
Lloyd Goodnight
14th Avenue bet. 4th 8 2nd Streets
Back-up Information for the above is on file in the County
Attorney's office.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the Chairman to execute the Releases
listed above.
COPIES OF SAID RELEASES ON FILE IN THE OFFICE OF CLERK TO THE
e
FIXED ASSETS ACCOUNTABILITY
Finance Director Fry came before the Board to review the
following:
O" The Honorable Members DATE: May 17, 1988 FILE:
of the Board of County
Commissioners
SUBJECT: Fixed Assets Accountability
FROM: Edwin M. Fry, Jr. REFERENCES:
Finance Director
It is presently the policy of Indian River County to inventory
and record in the General Fixed Assets Account Group tangible
personal property valued at $200.00 or more pursuant to Section
273.02 Florida Statues.
There are certain types of equipment such as pagers,-
dictaphones, etc., that cost under the $200.00 floor set by
Indian River County. The Finance Department is requesting
permission to record certain items costing under $200.00 on a
selective basis for accountability purposes only.
Sincerely,
6y)
Edwin M. Fry, Jr.
Finance Director
28
AY 6 11988 Boor<
Director Fry explained that the State statutes changed in
1982 from inventorying items worth over $100 to only those worth
over $200. However, quite a few of the departments of the Board
requested that items under $200 in value be tagged, and we were
not doing this; for instance, if two items were purchased at
$399, one would be worth $199 and wouldn't be tagged. They,
therefore, are requesting this change to be more consistent and
also to satisfy the needs of the departments.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
the Finance Department to record items costing under
$200 on a selective basis for accountability purposes
only.
AMENDMENT TO CIRCUIT COURT BUDGET — MOVABLE FILES
Finance Director Fry reviewed the following:
TO: The Board of County DATE: May 19, 1988 FILE:
Commissioners
SUBJECT: Amendment to Circuit Court
Budget
FROM: Freda Wright REFERENCES:
Clerk of the Circuit Court
At the'Board's meeting on March 15, 1988, I had requested funding
of $20,000.00 to purchase movable files for the office in the Annex
Building. The Board approved the purchase of the files and
requested that the cost be paid from the Circuit Court budget.
In order to pay for the movable files, I request the Board to adopt
the following budget amendment for the Clerk of the Circuit Court
budget.
INCREASE
Clerk of the Circuit Court Fees $20,000.00
Clerk of the Circuit Court Capital Outlay $20,000.00
29
MAY 31 1988 DOG$
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
approved the above budget amendment as requested
by the Clerk of the Circuit Court.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that the Board of County Commis-
sioners would now recess (9:15 A.M.) and reconvene sitting as the
Board of the Solid Waste Disposal District. Those Minutes are
being prepared separately.
The Board of County Commissioners reconvened at 9:20 A.M.
with the same members present, Commissioner Bowman being absent.
PURCHASE OF GRACE LUTHERAN CHURCH PROPERTY FOR LIBRARY SITE
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
30
AY 3 1 199
BOOK S f'" �E %p-3
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a _ZJtZZJ
.D I.
in the matter of
in the
lished in said newspaper in the issues of \I' �G� Lei
,
__ Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
-0-d 33 second class mail matter at the post office in Vero Beach, in said Indian River Coun-
a period of one year next preceding the first publication of the attached copy of
t and affiant further says that he has neither paid nor promised any person, firm
_ rPorahon any discount, rebate, commission or refund for the purpose of securing this
_vertisement for publication in the said newspaper.
Sworn to and subschbed More r^ thM_ A ---to_ day of A.D. 19 10___
(SEAL)
(Business Manager)
(Clerk of the Circuit Court, Indian River County, Florida)
SOUTH COUNTY US=p, 1' SITE
A public notice was previously published rsgard-
Ing a proposed dlecusslon 1n connection with
the referenced matter before the Board of
County Commissioners at Its meeting Tuesday,
May 24, 1986.
The Board will not be meeting on May 24; there-
fore. this item will be heard by the Board at Its
next meeting, which Is Tuesday, May 31, 1988,.
at 9:05 am.
At that time the Board of County C,pmnr1881009re
Counnty Administration Bulldinrhgget 18401 25th
Street, Vero Beach, FI, to consider executinor g a
So th Cou���+tract to �?�}!►nrchase a block of eran Church and ubrary site (whicIs properlyf OwnedbMoon.y
copy OfGraanLappraisal of the current market vel s
of these properties will be available at thisstt:
Ing. The proposed purchase prices
will x385.000 for the Church property and 5325,E
for the Moon properly. deWbn
Myons who may wish to appeal arty
which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings is made, which Includes testimony and a*
dance upon which the appeal Is based.
May 6, 1988
County Attorney Vitunac reviewed the following, noting that
the Board voted to purchase this property for the library site,
and the statutes require an appraisal of the property and a
public hearing so that the public can know where the money is
being spent. This also protects the sellers to make the option
good and enforceable since the closing is not until October:
31
.SAY 3x.1999 MY 1
TO: Board of County Commissioners
FROM: Char es P. Vitunac, County Attorney
DATE: May 25, 1988
RE: PURCHASE OF GRACE LUTHERAN CHURCH
Lots 1 8 2 and 8 thru 14, lock 37 of
ORIGINAL TOWN, City of Vero Beach Subd.
SOUTH COUNTY LIBRARY
Commission Meeting - May 31, 1988
In connection with the proposed purchase by the County of
the Grace Lutheran Church site for the South County Library,
please find the following documents attached:
(a) contract with purchase price of $385,000 with
a closing date of October 3, 1988, and
(b) an appraisal of the property showing a value of
$406,000.
Staff recommends execution of the contract.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon declared°the public hearing on
the purchase of the Grace Lutheran Church property closed.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
authorized the Chairman to execute the contract for
the purchase of the Grace Lutheran Church site at a
price of $385,000.
32
Bzaf, 2 �, sE 437
bUIy IMAC; I FUll bALC AWU rUHt-IIAbA 11 Jl/U-DO
a7iE8: bra(.'e "I 7e; 1d11II'cn OL Vero neacn, riorlOa, a non-prorir gQaorauon -'Seller")
or c o Andrew B. Pike - .105 15th Ave., Vero Beach. FL 32962 JPhone569-3228 ),
ted Indian River County , 1••Bgver'•),
rt (Phone 1
hereby agree that the Seller shall sell and Buyer shall buy the following property ("Property") upon the following terms and conditions which INCLUDE the
Standards For Real Estate Transactions set forth on the reverse side hereof or ati.0-d hereto ("Standardls)").
1. DESCRIPTION: (a) Legal doscrlptlon o/ Property located In' Indian River County, Florida:
ants 1. 2. 8. 9- 10. 11. 12. 13 and 14. Block 37. Oriainal Town o aro (naw Citv of Vero
(b) Street address, if any, of the Property being conveyed is Luo 1 / Cn AVe. , Vero peacn, m
(c) Personal property ("Personalty") included:
none
If. PURCHASE PRICE: ...... .......................... ................................$ 385.000:00
PAYMENT:
(a) Ueaositls) to be held in escrow by in the amount of , . , $ none
(b) Subject to AND assumption of Mortgage in good standing in favor of
having an approximate present principal balance of ... S none
(c) P.rchan money mortgage and note bearing interest at % on terms set forth herain below. In the
principalamount of..........................................................5 none
Its) Other $ none
_
(e) Balance to dose (U.S. enh, LOCALLY DRAWN certified or cosher's check), subject to adjustments and prorations .. S 70 7., UUI. • U3'
Ill. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all parties, and the FACT OF EXECUTION communicated i- : ,.•.., . -.
:,legrephically between the parties on or before ,hIIle 1, 198$ ,the aforesaid deposits) shall be, at option of Buyer, return u c
and the offer thdrawn anp Qeemed null andvold. Tha date of Contract ("Effective Oate") shell be the date when the tut one of Seller and Buyer has signed this otte
IOt a pliCable
KV. .a., :.,..
conditioned upon the Buyer obtaining a firm commitment for said loan within days from Effective Date, at an interest rate not to exceed
term of years: and in the principal amount of $ . Buyer wiWmake application within days fectrve Da' • r
aasonable diligence to ootain said loan. Should Buye?fail to obtain same or to waive Buyer's rights hereunder within ,either perry may pricer
(b) The existing mortgage described inParagtaphli(b)above has (CHECK (1)or(2)):(1)0 int R(2)Oafixedinterestrateof_
,r annum. At time of title transfer some fixed interest rates are subject to Incre '
ncreased, the rate shall riot exceed % per annum. t. iter sire•
within days from Effective Date, famish a statement fr rtgageas stating principal balances, method of payment, interest rate ai.d Status of ,rtr.agr
..Buyer has agreed to assume a mortgage hic e4.approval of Buyer by the mortgagee for assumption, then Seller thall promptly obtain and delrve. a Buv«
all required,, pllcstions end 8 diligently complete and return same to the mortgagee. Any mortgagee charge riot to exceed S sh".l :
paid 112 by Salter a Buyer• If the Buyer is nottippepted by mortgagee or the requirements for assumption are not in accordance with the term, Co..tra :
or mo as a charge in exceu of the stated,aginunt, Seller or Buyer may to
Contract by prompt written notice to the other party unless ,e +arts
V. TITLE EVIDENCE: Within_daYI 4RveWW& shall: at Seller's expense• deliver to Buyer or Buyer's attorney, in ace snce witr
andard A. (CHECK (U or IV: (1) O abstract of title OR (2) U title insurance commitment with fee owner's title policy premium to be paid by Salle, at closing -
VI. CLOS'1GDATE: This transaction shall be- sod and the deed and other closing papers delivered on the 3rd dayof October ig 88 -_
unless
extended by other provisions of Contract. - - - -• — — - -
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS:*, -The Buyer shall take title subject to: Toning, restrictions, prohibitions and other requirements imposed b -
govemmental authority; restrictions and mattbrs appearing on the plat or otherwise common t0 the subdivision; public utility easements of record 0000ODOOL.,
taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other: none
• : Provided, howeve. •iat there
exists at closing no violation of the foregoing and same does not prevent use of Property
the fact ano terms thereof shall be stated herein, and the tenent(sl shall be disclosed pursuant to Standard F. Sell o rot. .y at bane -
:. closing union otherwise stated herein. If occupancy is to be deliver uumas all risk of loss to Property and Personalty from date M
occupancy,ehas he re n - t ereof from seid date, and shall W deemed to have accepted Property and Personalty in theta existrn,
.X. ASSIGNABILITY: 4CHECK 11) or (2)): Buyer 11) M may assign OR (2) 0 may not assign Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attacned hereto as addenda shall control ar
printed provisions of Contract in conflict therewith.
XI. INSULATION RIDER: If Contract is utilized for the sale of anew residence. the Insulation Rider shall be attached hereto and made part hereof.
KII. SPECIAL CLAUSES: (See Addendum attached hereto and made a part hereof by reference)
T14IS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests objectives and bargaining positions of all interested persons.
" Copyright 1985 by The Florida Bar and the Florida Auoc_ation of REALTORS, Inc.
WITNESSES' (Two rem no ad but NOT required)
IPJDIAN RIVER COiINlY Dat..
(Buyer)
BY: 3/ Date
WITNESS S: (Tis re •d, (B"ye" APPROVED: 5-31-89 r..
Admin GRACE I1Tr mpm CHURCH OF VERO BEACH, Dat,
Legal (J -2 Seller nn 1UPIDA
BV _ ,J t7fE. `4 I Date
5 -as �118TAn3rew rl eciiai�MULing Lo=lt ee
Deposit(s) under P r r re Five a other i an caw. hen subject to clearance. By: (Escrow Agen
BROKER'S FEE: (CABLE)
Q (IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT).
OR Seller agrees to pay the Broker named below, including cooperating subagents named, according to the terms of an existing, separate listing agreement;
O (IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT):
Seller agrees to pay the Broker named below• at time of closing, from the disbursements of the proceeds of sale, compensation in the amount of (COMPLETE
ONLY ONEL__%of gross purchase price ORS for Broker's services in effecting the sale by finding a Buyer ready. willing and able t
purchase pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee abov
provided, shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be pard to Sever If the
transaction shall not be closed because of refusai or failure of Seller lio perform, the Seller shall pay said fee in full to Broker on demand. In any litigation arising
taut of this Contract• concerning the Broker's fee, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
PETER M. BELTPELL E -- • _--
(fir oma oI Broker) ^ (name of c
yv. NA.t &O I RAd yl,T — EXHIBIT °A°
(authorized signatory)
SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITS ENTIRETY.
33
MAY 311988 mny.
PURCHASE OF MOON PROPERTY FOR LIBRARY SITE
The preceding Notice and Proof of Publication apply to this
site also.
County Attorney Vitunac reviewed the following with the same
comments as in regard to the acquisition of the church property:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: May 25, 1988
RE: PURCHASE OF MOON PROPERTY FOR SOUTH COUNTY LIBRARY
Lots 3 thru 7, flock 37 of ORIGINAL TOWN
Commission Meeting - May 31, 1988
In connection with the proposed purchase by the County of
the Moon property for the South County Library site,
please find the following documents attached:
(a) contract with purchase price of $325,000 with a
closing date of October 3, 1988, (The original
selling price of the property has been reduced
by $50,000 to give the County $50,000 to deal
with the lessees.)
(b) an appraisal of the property showing value of
$337,400,
(c) two subleases which the County's title will be
subject to, (The supermarket lease expires
12/31/91, and the laundromat lease expires 2/9/92
with an option to renew until 2/9/97.)
(d) a letter from Nancy Moon's attorney, Sam Block,
indicating that Mrs. Moon can give the County good
title even though there is a claimed right of
first refusal by one of the lessees,
(e) a plan for the provision of sewer services to the
site
(f) a quitclaim deed from the City of Vero Beach with
conditions.
Staff recommends execution of the contract and acceptance of
the quitclaim deed with conditions from the City of Vero
Beach.
Commissioner Bird wished to be sure he understands what we
are doing i.e., our intention would be to move forward to
demolish the church building and start with the construction of
our library, parking,.landscaping, etc., on the site except where
34
,MAY 31.199$ Boor, �12 FnUE 439
the grocery store and laundromat are, and there are leases
running on the store until 1991 and if the option is exercised on
the laundromat, until 1997. We will become their landlords and
collect rents from them after we close on the property through
the fulfillment of their leases, unless we can negotiate to
terminate earlier.
This was confirmed by the Chairman and the County Attorney.
Commissioner Bird noted that he just wanted to make a point.
He stressed that he is all for the downtown revitalization, but
does hope with the step we are taking, we get the credit that he
feels is due because he honestly feels we are paying a premium
for this piece of property where we are buying improvements we
don't need and then have to pay to have them removed at some
point in the future. In other words, he felt we are paying too
much for this property, but he is trying to justify this in his
mind with the efforts we are making towards the rejuvenation of
the downtown area.
Commissioner Wheeler asked where we stand with the old
library being transferred to us and was informed that the City
already has transferred that property to us; we just need to
accept it formally.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon declared the public hearing on
the purchase of the Moon property closed.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
authorized the Chairman to execute the contract for
the.pur.chase of the Moon property at a price of
$325,000 and formally accepted the quitclaim with
conditions from the City of Vero Beach.
35
MAY 311988 BooK, 12 , u, 440
` CONTRACT FOR GALIZ AND PURCMASQ
"6ofij8: NANCY T. MOON rseter•),
of (Phcre 1,
and COUNTY OF INDIAN RIMER
df (phone ►.
thereby agree tal the Seter shall set end Buyer, often by the lolbwkg real Property ('Real RonertyI aro personal properly ('p'ersoro ') (collectively "Pronertv"I upon the toliowin!
terms and conditions which INCLUDE the Standards for Real Estate Trareadiorus printed an the reverse or attached (-Standardlsl-) and any addendiuo to this natrument.
L DESCRtPT10N (a) Legal description of Real Property located in 1 nC 3 ti n :c! v G l County. Florida: tncs J . g . r try & I- niers-x 1/0
Q T THAT. TOWN Now CTTV OP T IWI REACH, ar-myd4q;to thcv slat thereof, as recorded In Plat Book
2 at Pae 12 of the Public Records of St. IAl ie
ug in Indian River County, Florida. ALL IMPROVEMENTS SHALL BE ACCEPTED IN "AS TS"
(b) Strad address, city, rip, of the Property is: rQNn TT T ON .:'. ..
(c) Fixaaraay -
IL PURCHASEPRIGE ............................. 325 000.00
PAYMENT.
(a) Oepoeitta)tobeheldineaerowby. Samuel A_ Rlnnj(y Trvsci- Ar•r-nnnt in the amount of S 10,000.00
(b) Subject to AND assumption of mortgage In good standing In favor of
having an approximate present principal balance of S
(d) Purdaee nbrey mortgage anted rnortpape rota bearingi annel hrtened at —% an terms ed larm harem. namoum of .......... S
(d) Ogen: S
Is) Balerues to doss (U.S. cash. LOCALLY 0t1AVYN d:etUleO or cesNda dhadnl, eructed to adjuetrrenfs and Proration ....................... S 315,000.00
........:,::
CL TIME FOR ACCEPTANCES BFFECf111E DATE 8 Un otter is not executed tip and delivered to all partes OR FACT OF EXECUTION mmnrYrated in wrong between the pares
an or June 1. 1988 , the deposin(s) will. at Buyer's option. be returned to Buyer and the after withdraw
The. data of this Contact t -Effective Date') will be the data when the Iasi one of the Buyer and the Seller has signed this after.
obtaining a wttteo aommil era lar the ben within days from Ellect ve Dale, at an intimal Merest rale tat to exceed %: term of y —
and n Sts prndp 1 anreurt of S . Buyer will make application within drys trom Effective Date, and mere rens nhce b dean the ban can
mtert and. thereafter. to meet file fenle and conditions d the c mnilnne a and to close file ban. Buyer shat pay al bane r faits to obtain to ban con ma ent err.
promptly mctfin Seller n w�rsirg, a atter tiiBgent effort fait to meet the loran and tondikoe d to to wave Buyer's rights under Bas subparagraph wdttin the to
staled for obtekvg Be commitment, than wiser party may sa cal the Contract and Buys aha the deposllsl.
(b) The axetg Mortgage described in Paragraph a(blabae has( 12)t f 1) ❑ a veriabte merest rete OR (21 ❑ a bed ksemst rated % per amer.
At Bads of title transfer some fixed interest rates are sublec . II increased. the rate shall not exceed % per annum. Sellar shall• within
days from Effectke Date. furnish a stalemate slating Principal balarees, maned of Payment Interest rate and stats of motgapea. 0 Buyer has agreed to erose
a mortgage Mitch mquims a the mortgages for assumption, then Buyer shall promptly obtain ad mgimed appratoe and wa diligently complete aro rerun the,
to to mortgagee. charge(s) not to exceed S aW ba paid by Ill not filled In, equally divided) If the Buyer is not accepts
by requnmenwerhh for assumption are not In accordance with tre ferns at the Contract or mortgagee makes a charge in excess of the stated anrourt. Sellar c
V. YTTLE EVIDENCE: At ium days before do"wV date. Seter shag. at Seller's expense. deliver to Buyer at Buyer's attorney. in accordance with Standard A. (Check 1 `
or 12)t 11) ❑ aDatracl d title OR (2)® tis ineurimce co mtrpea. 10 / 3 / 8 8
VL CLOSING DATE: This tram labon shag be dosed ant the dead and Over GosYg Isepems deiwed an . unit. M oth
edaded er pr.,M os d COrarar
VI RESTRICTIONS; EASEMENTS; LBITATSONS: BuyerMiill take loots sabied b rorty, restridioro, IxMbifiom and other requiremanb noosed by governmental atatentY. restrict or
and man ers appearing on Ire plat or otherwise commin•to the sutdmsan; public Way easements at record
faxes fo year d closuq and suusseque. _:.,..
years: aamanned nertgapea end phrchese moray == ,;:r any: otter:
provided, the tars Beets at dDsk n ro vciation d Be fweM g and none d dmn prevente used Roel Ii p" fw COMMerCial r rgmc_
VIS. OCCUPANCY: Seem, warrents that them am no parties in occupancy other Man Seta. but N Property is intended to be rented or occuge0 beyond dosing, the fact are ten
thered shell be stated heron and the tamm(a) Or occupants dedosed puw+ad to Standard F. Seca agrees to deaver occupancy of Property at ire of closing urians dhow- _
elected bonen. N Ompany a to be delivered below dosing. Buyer assures at risk d loss to Property ham date of occupancy. 00 be respamho and liable for maintenance tic -- --.-�
that date. and shad be deemed to have soaped Paapmty in reek existing condition as of Imre at cal ng occupancy unless otferwas stated herein or in a separate wiling,
g,
DL TYPEVMFfTEN OR HANDWRITTEN PROVISION& Typewritten or handwritten provisions shay control at Armed provisions at Contract in conflict with tem _
X. INSULATION RIDER: N Contract a uta¢ed for the sale of anew residence. the Imtation Rider or equivalent maybe anwAw -
XL COASTAL CONSTRUCTION CONTROL UNE (-CCCL•)-RIDER: 8 Contract is utt¢ed for the sale of Property effected by the CCCL. Chapter IBI, FS. (t9881. as amends "
stall appy and five CCCL Rider or equivalent may be atOii 'to this C asst. - - -
XI. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (-FIRPTA-1 RIDE1b The parties shat conmPly won No provision of FIRMA and apoice reptatiom wtxdh m
require Seller to provide atldd onal cash at closing to meet wiBtwWug reorwernahffi, and the FIRPTA Rider or equivalent may be attached to me Contract
XII. ASSIGNASMI TY: (CHECK (1) or (2)1: Buyer (1) ® may asangrh OR 121 ❑ may rim assgn Contract. .
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)® is attached OR 1210 Is not appicablw.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALIORS AND UIE FLORIDA BAR
Approval does not constibde an bpvoah flat any of Be tams and conditions in On Contract should be seeeptad by the parties n a porta" transaction. Tema
and conditions should be negotiated based upon to respective in' . ottedirms and aargarwag posroons of at r Nisei rid parsons
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, WC.
CONY OF I IAN R R
,... -
Dale •r -C s = 3; -'
' a
ancy T. ogcagn.I 9-617 -, Eq.lou ommiss>on ai
Stowseariyor Tax La1, 194-28-2481 Don C. Scurlock, J
Sooat Scarily or Tics III •
. - Date
(Buyer) ( I r!
• IAAR ADC'2'.^0
Social Security SeaaNy or Tax I.D. •
Social Seamy or Tax LD. r
LegalI 23
Oapoau(s) under Paragraph II recahed: IF OTHER THAN CASH. THEN SUBJECT TO CLEARANCE. �S_scow Ag
BROKER'S FEE:ICHECK 6 COMPLETE THE ONE APPLICABLE) ST.
u ,e 2-4 •'
Dep'L
OR
❑ IF HO LMINO AGREEMENT IS CURRENTLY IN EFFECT:
'$eYa hell pay the & kor named below. at Ire cbwg. from the dndu ere is d Its proceeds of the sale, conpensalonn int of ICOMPLETE ONLY Of
% d gross purchase once ORS . for Broker's services n dtectinhg the sale by lxdvg the Beyer�r and able to purchase pursuant to to lareg
Contract. B Buyer las to perform and deposals) is retained. 50% thereof. but not exceeding the Bmker'11aaa�wded. ones be paid Broker, as Wer consrleratm for Brok.
services including costs expended by Broker. and the balance shat be paid to Seta 0 l�xaeerT rh shelf not dose because d refusal o laium d Seler to perform. Seller s
pay tet IW lee to Broker on tlerterd. n and litigation arising our d the Cwt rreg the Broker's fee. the prevailing party des recover reasonable attorney lues and co
rARynAR OrM-Pfi, v t/n"h
(nacre of cooperating _
EXHIBIT "A" —
RIDERS CCJI CE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN
ITS ENTIRETY.
36 BOOK 7� -,Au 44
MAY � 119$
549295 4/20/88 (23d) C.A.
QUIT CLAIM DEED
THIS QUIT -CLAIM DEED, Executed this Iq It day of llc1988,
by the CITY OF VERO BEACH, FLORIDA, a municipal corporation existing under
the laws of the State of Florida, having its principal place of business in the County
of Indian kiver and the State of Florida, and lawfully authorized to transact
business in the State of Florida, "GRANTOR," to INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida, "GRANTEE."
WITNESSETH: That the said GRANTOR, for and in consideration of the sum of
$10.00 and in hand paid by the said GRANTEE, the receipt whereof Is hereby
acknowledged, does, subject to the restriction set forth herein, hereby remise,
release, and quit -claim unto the said GRANTEE forever, all the right, title,
Interest, claim, and demand which the said. GRANTOR has in and to the following
described lot, piece or parcel of land, situate, lying, and being in the County of
Indian River, State of Florida, to -wit:
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate,
right, title, interest, lien, equity, and claim whatsoever of the said GRANTOR,
either in law or equity, to the only proper use, benefit, and behoof of the said
GRANTEE forever.
IN WITNESS WHEREOF, GRANTOR hereunto set GRANTOR'S hand and seal the
day and year first above written.
Attest: lJ''}'1U1 L_ y�� By:
City rk yor
Signed, sealed, and delivered
in the presence of: i
( CORPORATE SEAL)
11...• ,JO EXHIBIT "F"
0. R. 797 PG 0139
ti,er
o _.._
37
BOOK 72 ruE
m44�
Lots 27 to 39, inclusive, Block 1, Langwick
Subdivision, according to plat filed In the office
of the Clerk of the Circuit Court of Indian River
�?
County, Florida, in Plat Book 1, page 32.
v�jL-J N _kc�LL
This conveyance is subject to all valid and
ED LLJ
existing easements of record.
•:
Uci
Subject to the following restriction: This grant
LL_Q N oLL.�
is subject to the condition subsequent that the
C1 'CL, a aa ,a=_=
GRANTEE must build a main County Library on
r •"c �Q
"-01ES
the downtown site known as the Grace -Lutheran
site. Said Library Is to be completed no later
than April 5, 1995. Any monies realized from
sale of said quit -claimed property must be used
for books and internal requirements for the main
County Library and shall not be used for bricks
and mortar or for the reduction of the amount of
the bond issue. Should GRANTEE fail to fulfill
:wI
the requirements of this condition subsequent,
the GRANTEE shall immediately reconvey said
property by a quit -claim deed to the City of
Vero Beach. Reconveyance to the City may be
/ J)•e •
enforced by a Writ of (Mandamus.
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate,
right, title, interest, lien, equity, and claim whatsoever of the said GRANTOR,
either in law or equity, to the only proper use, benefit, and behoof of the said
GRANTEE forever.
IN WITNESS WHEREOF, GRANTOR hereunto set GRANTOR'S hand and seal the
day and year first above written.
Attest: lJ''}'1U1 L_ y�� By:
City rk yor
Signed, sealed, and delivered
in the presence of: i
( CORPORATE SEAL)
11...• ,JO EXHIBIT "F"
0. R. 797 PG 0139
ti,er
o _.._
37
BOOK 72 ruE
m44�
REQUEST FOR WAIVER FROM SIDEWALK ORDINANCE - GLENDALE SUBDV.
(WELLINGTON STEVENS)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the _ Court, was pub,
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
--;r corporation any discount, rebate, commission or refund for the purpose of securing this
,ertisement for publication in the said newspaper.
Sworn to and subscriboMbeI
a me I i _ day of v CA.D. 19
(Clerk of the Circui
(SEAL)
(Business Manager)
Indian River County, Florida)
NOTICE OF PUBLIC HEARING
Notice of hearing to consider a walver from
the subdivision ordinance, speciflcally Section
1 Ole) (2) (c) (Ord. 88-9), requiring sidewalks In ;
new subdivisions.
The waiver Is being requested for the pro-
posed Glendale Industrial Park, more particulrly
described as follows:
PORTIONS OF THE NORTHWEST QUARTER i
OF THE NORTHEAST QUARTER AND THE i
NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 33
SOUTH, RANGE 39 EAST, BEING MORE 1
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER
OF THE NORTHWEST QUARTER ' OF THE
NORTHEAST QUARTER OF SAID SECTIONa3;
THENCE S.00 25'00"E., ALONG THE EAST LINE
OF, THE SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER, A DISTANCE OF I
30.00 FEET TO THE POINT .OF BEGINNING:
LINE OF THE SAID NORTHWEST QUARTER OF
THE NORTHEAST QUARTER, A DISTANCE OF -
146.96 FEET TO THE SOUTHWESTERLY
RIGHT-OF-WAY LINEOF THE FLORIDA EAST.
COAST RAILROAD (100 FEET WIDEN THENCE
S.26 10'00"E., ALONG THE SAID RIGHT-OF-
WAY UNE, A DISTANCE OF ,112.99 FEET:
THENCE S.28 47'56"E., CONTINUING ALONG I
SAID RIGHT-OF-WAY LINE, -A DISTANCE OF
1365.83 FEET TO THE SOUTH UNE OF THE -
SAID NORTHWEST QUARTER OF THE NORTH-
EAST QUARTER; -THENCE S.69 49'40"W.,
ALONG SAID SOUTH LINE, A DISTANCE OF
649.17 FEET; THENCE N.29. 58'00"W.,� A• DIS-
TANCE OF 404.84 FEET TO THE EAST LINE OF
Le
252.68 FEET TO A POINT OF -CURVATURE OF 1
A CURVE, THRU WHICH A RADIAL UNE BEARS.
N.58 OVOWE., SAID CURVE BEING CONCAVE.
SOUTHWESTERLY AND HAVING RADIUS OF
3500.00 FEET; THENCE NORTHWESTERLY,
ALONG THE' ARC OF SAID CURVE, THRU A
CENTRAL ANGLE OF 04 51'18"; A DISTANCE
OF 296.58 FEET TO A POINT OF. REVERSE
THE ARC OF SAID CURVE, THRU A CENMTRAL
ANGLE OF 09 2247. A DISTANCE OF 70.09
FEET; THENCE S.67 00'00"W.;,A DISTANCE OF,
284.54 FEET; THENCE N,18 46'0..M., A DIS-
TANCE OF 412.70 FEET, BEING 30.00 FEET
SOUTH AND PERPENDICULAR TO THE NORTH
LINE OF THE SAID NORTHEAST QUARTER OF,,
THE NORTHWEST QUARTER; THENCE EAST,
PARRALLEL WITH THE SAID NORTH UNE, A
DISTANCE OF 533.87 FEET TO THE POINT OF
BEGINNING.
CONTAINING 18.53 ACRES, MORE OR.LESS.
LESS AND EXCEPT THE EAST 30.00 FEET,
OF THAT PORTION OF THE SAID NORTHWEST'
SAID SECTION 13 LYING WEST OF AND ADJA-
CENT TO THE' SAID FLORIDA EAST COAST
RAILROAD. AS RECORDED IN'. OFFICIAL
RECORD BOOK 763 AT PAGE 2322 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA. CONTAINING 1.02 ACRES, MORE.OR
LESS.
CONTAINING A TOTAL OF 17.51 ACRES, MORE
OR LESS. ., ._ ...
ALL OF THE ABOVE DESCRIBED LANDS
SITUATE IN INDIAN RIVER COUNTY, FLORIDA.-
A public hearing at which parties In Interest
and citizens shall have an.• opportuNty •to be
heard, will be held by the 8oerd of County Com-
missioners of Indian River County, Florida in the
County Commission Chambers of the Couph
Administration Building, located at 1840 25
Street, Vero Beach, Florida, on Tuesday, May'
24, 1988 at 9:05 amy. - 4 4
on
which may bbeemade at thins to pmeetingawllld� to
ensure that
averbatim record of the proceed -
ado which Includes the testimony
IeNden Nupon RNDIANER COUNpTeal Y � be based. d
By--aOA--RD OF COUNTY COMMISSIONERS
C. Scurlock, Jr.
Chalrman
May 4. IM -
3 8
SAY 3119 �Ol�ll 1P1�E �4«�
'.
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement. being
a
in the matter of
in the _ Court, was pub-
lished in said newspaper in the issues of ! r1
Affiant further says that the said Vero Beach Press -journal is a newspaper published at
'ero Bearh, in said Indian River. County, Florida, and that the said newspaper has heretofore
r Jously published in said Indian River County, Florida, each daily and has been
second class mail matter at the post office in Vero Beach, in said Indian River Coun-
,, for a period of one year next preceding the first publication of the attached copy of
dovertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. Ufa
Sworn to and subscribed before me th• Zl _ day of A? A.D. 19 VO
( anager)
(SEAL) (Clerk of the Circuit Court, 1 i n River County, Florida)
NOTICE OF RESCHEDULED (PUBLIC. .
HEARING
The public hearing previously adVertlsed for May
24, 1988, to consider a variance from the re-
quirements of sidewalks In Glendale Industrial
Park, has been rescheduled to be heli before
the Board of County Commissioners at 9.05 a.m.
on Tuesday, May 31, 1988.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY: -s -Don C. Scurlock, Jr.'
Chairman ,
May 11, 1988
Chief Planner Boling made the staff presentation recommend-
ing denial:
39 B0 799-F 'c 444
n� 1 ��
TO:Charles Balczun DATE: May 23, 1988 FILE:
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M.
Keat g
WELLINGTON STEVEN'S REQUEST
SUBJECT:
,
FOR
A WAIVER FROM THE SIDE -
Community
Deve opme t Director
WALK
ORDINANCE (88-9) FOR
THE
GLENDALE SUBDIVISION
THROUGH:
Stan Boling
Chief, Current Development
FROM: John W. McCoy
REFERENCES:
glendale
Staff
Planner
CURDEV
It is requested that the following information be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 31, 1988.
DESCRIPTION AND CONDITIONS:
Glendale Industrial Park is a proposed 14 lot subdivision of a
17.51 acre parcel of land located south of 8th Street; between Old
Dixie and the railroad tracks. .The subject property is zoned- IL
(Light Industrial.) and has an MXD (Mixed Use District) land use
designation.
The proposed subdivision received preliminary plat approval at the
March 24, 1988 Planning and Zoning Commission meeting with the
condition that sidewalks will be provided unless the Board of
County Commissioners grants a waiver from this requirement.
ANALYSIS:
The applicant is requesting a waiver (variance) from the subdivi-
sion ordinance, specifically sections 10(e)(2)c and 9(b)2 of the
subdivision ordinance. These sections state the following:
10(e)(2)c: Sidewalks shall be located along the
entire frontage of all adjacent local streets,
and on both sides of all interior local streets
within a subdivision except where:
1. Within residential subdivisions a street
segment terminates in a cul-de-sac where
future extension of the street beyond the
cul-de-sac is not needed as determined by
the County Traffic Engineer. in such cases
no sidewalks shall be required.
2. The density within the subdivision, if a
residential subdivision, is not greater than
three (3) units per acre. In such cases no
sidewalks shall be required.
b• Improvements required in some subdivi-
sions. Each subdivision shall contain the
following improvements designed and constructed
to conform to the requirements and specifications
in the Code of Laws and Ordinances of Indian
River County and the State of Florida if required
in the zoning district a licable to the
subdivision:
1. Bikeways,
2. Sidewalks,
3. Alleys, and
4. Buffer areas
Sidewalks are required improvements in the IL
zoning district.
40
BOOK 72 Fblld
E 445
i
- M M
Thus, the zoning code clearly requires sidewalks on both sides of
roads within non-residential subdivisions. These requirements
were recently considered by the Planning and Zoning Commission and
were subsequently adopted into code by the Board of County
Commissioners in Ordinance 88-9.
Section 11(b) of the subdivision ordinance states that the Board
shall not approve a waiver (variance) from the subdivision
ordinance requirements unless it finds all four of the following:
1. "The particular physical conditions, shape and topography of
the specific property involved would cause an undue hardship
to the applicant if the strict letter of the ordinance is
carried out;"
2. "The granting of the waiver will not cause injury to adjacent
property or any natural resource;"
3. "The conditions, upon which a request for waiver are based,
are unique to the property for which the waiver is sought and
are not generally applicable to other property in the
adjacent areas and do not result from actions of the
applicant;" and
4. "The waiver is consistent with the intent and purpose of the
Indian River County Zoning Ordinance, the Indian River County
Comprehensive Land Use Plan, and this ordinance."
It is staff's opinion that these four criteria are not satisfied
(see the attached application for the applicant's response).
1. The applicant agrees with staff that meeting the code and
providing for sidewalks would not cause an undue hardship to
the applicant because of any physical conditions or character-
istics of the site.
2. Granting the waiver could adversely affect surrounding
properties because the sidewalk system would not be provided,
and pedestrian circulation would be impeded.
3. The applicant is contending that because of the type and
location of the subdivision, the sidewalks would serve no
purpose. The applicant states there will be little pedes-
trian traffic within the subdivision.
Sidewalks are required in all industrial zoning districts.
Industrial districts are urban in character, are employment
centers, and will generate pedestrian use. The basis of the
request is not unique. The applicant's contention is that
sidewalks are not needed in an industrial park. Industrial
parks and projects occur throughout the County, and are
similarly situated. Granting this request would compel the
County to amend current ordinances so that sidewalks would
not be required in any industrial parks.
4. The applicant is contending that sidewalks should not be
required because this industrial subdivision is below the 3
units per acre density threshold for sidewalks. Density is
not relevant to industrial use; sidewalks are required in the
industrial districts because of their urban character.
In summary, the applicant's rationale for not providing sidewalks
in the Glendale Industrial Park, is that sidewalks should not be
provided because of the non-residential nature of the subdivision.
41 BOOK 72 PnN 446
- M M
Such an issue cannot be properly addressed in a variance request,
but could be more properly addressed during consideration of an
ordinance amendment. There is nothing unique about this project
in relation to the effect of the sidewalk requirement upon the
project and the intended resulting sidewalk system.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners deny the
request to waive the requirement for sidewalks in an industrial
subdivision.
Planner Boling apologized that there was no location map in
the backup materials and advised that the project is located at
the corner of Old Dixie and 8th St. and the new road to be
created will run north and south parallel to Old Dixie. In a
future phase the road curves back around and will connect into
Old Dixie. Right now the ordinance would require sidewalks on
both sides of the street.
Discussion ensued regarding the location of the sidewalks,
the length of the road, etc., and Planner Boling noted that when
the new regulations were passed in February, it was felt that
sidewalks would not be required in low density residential
subdivisions, but should be required in higher density residen-
tial subdivisions and in higher intensity commercial/industrial
uses. The subject request is for a waiver for this particular
project; however, the variance criteria are set up for specific
cases and unique circumstances, and this subdivision is not
unique as far as its physical layout or its particular uses.
Commissioner Eggert had mixed emotions about requiring
sidewalks in industrial developments. For instance, if we have
an industrial park out somewhere where you have to drive and the
only thing you are doing there is walking from a parking lot
into the building, she could not see requiring the sidewalks.
However, if you are in an area where you can walk to that place,
she felt it is a little different situation.
Commissioner Wheeler also noted that most of these type
subdivisions that he has seen are commercial from the standpoint
that they are working on cars or bringing in or taking out
supplies for service type companies, etc., and he questions
42
A11980"BOOK 72 f'nE 447
� � r
whether there is a need for sidewalks in that type of light
industrial district. Where it is commercial with storefronts,
etc., then he can see the need.
Chairman Scurlock believed if we are going to make a
modification to the requirements, the question is how do we do it
in a timely fashion, and Commissioner Eggert asked if we should
deny the request and ask that the Planning Department revisit at
least the industrial/commercial aspect.
Attorney Vitunac confirmed that would be the recommended
way, and Planner Boling advised that changing the ordinance would
require about 21 months.
Chairman Scurlock asked Engineer Votapka how that time
element would affect the project.
Mr. Votapka, engineer for Wellington Stevens, stated that he
filed for the variance, and he disagreed with staff in that he
does feel the project is different than other industrial or
commercial property in that particular area in that it is located
between Old Dixie and the railroad tracks; sidewalks can be put
adjacent to the 8th St. and Old Dixie R/W which will circumvent
the property; and by doing this, pedestrians will have the
opportunity to walk from U.S.[ to Old Dixie and along the east
side of Old Dixie.
Commissioner Bird agreed that it makes more sense to put
sidewalks on 8th Street and Old Dixie than to have them going
through the middle of an industrial park.
Mr. Votapka pointed out that since this is an industrial
park and would be used for commercial warehousing and light
manufacturing and have large trucks moving in and out, the owner
really does not want to encourage pedestrian traffic. He
believed there actually will be very little pedestrian traffic.
Mb Votapka felt that there is a necessity for the Commission and
staff to take another look at the requirement for sidewalks in
this type of zoning in general.
MAY 3 1 198R
43
Boa 72 tn4IF 448
� � r
County Attorney Vitunac suggested that perhaps their
preliminary plat could be approved subject to the Board moving
ahead with the ordinance change, and then they could put put up a
bond in the meantime to put the sidewalks in if the ordinance
change should not occur.
Chief Planner Boling advised that they already have
preliminary plat approval based on meeting the ordinance, whether
by a variance or otherwise. What they don't have is their land
development permit.
Chairman Scurlock believed Attorney Vitunac is suggesting
they post a bond allowing them to proceed subject to the
ordinance actually being modified.
Planner Boling pointed out that if the regulations did.not
relieve them of the improvements, they still would have to design
so that sidewalks could be put in.
Commissioner Bird asked if Mr. Votapka had said his client
was agreeable to putting sidewalks along 8th Street and Old
Dixie.
Mr. Votapka advised that there is no problem with putting
them along 8th Street; that is a foregone conclusion as far as
they are concerned. There are some sidewalks along Old Dixie,
but his client does not own ail the land along there.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon declared the public hearing
closed.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) agreed
to grant the Land Development permit based on the
applicant putting up a bond and designing the project
so that sidewalks could be put in and directed staff
to proceed with preparing an amendment to the ordinance
as discussed.
MAY 3 11988 44 Boa 72 F,� iu 449
FURTHER DISCUSSION RE BID #431 (Breathing Air System) AND BID
#432 (Heavy_Duty Hydraulic Rescue Too) APPROVED EARLIER FOR THE
NORTH COUNTY FIRE DISTRICT
Chairman Scurlock had a question of the County Attorney, He
noted that while Bids #431 and #432 approved on the Consent
Agenda for equipment for the North County Fire District were both
approved by the District, he has been informed that Bid #432 is
substantially higher than the amount authorized by the District.•
The District authorized about $1,340, and the bid amount is about
$6,000.
Attorney Vitunac advised that it really hasn't been approved
then, and it will be necessary to call a meeting of the North
County Fire District.
Attorney Vitunac continued that he would like to recommend
something on this whole subject of Special Districts. Deputy
Clerk Barbara Bonnah talked to him about this and suggested that
we need to have somewhere on the agenda a category titled Special
Districts since we have so many. We now have the Solid Waste
Disposal,District, North County Fire District, South County Fire
District, etc., various street lighting districts, and perhaps a
Recreation District in the future.
Chairman Scurlock commented that we have several different
Districts on today's agenda, for example, and Attorney Vitunac
noted that right now they are interspersed among the BCC Minutes,
and we are forever switching hats.
Chairman Scurlock suggested that we just direct staff to
modify the agendas by including a Special Districts category as
the final meeting item.
PUBLIC HEARING - VILLAGE GREEN WATER FRANCHISE VIOLATIONS
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
45 Boor, i' F' c 50
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being
a "n&L c_s_
in the matter of 11,1n.
in the
Court, was pub-
lished in said newspaper in the issues of `fl110.0 f$ 191�A
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
a oeriod of one year next preceding the first publication of the attached copy of
nd affiant further says that he has neither paid nor promised any person, firm
at J:'c any discount, rebate, commission or refund for the purpose of securing this
;vertlsement for publication in the said newspaper.
�h qq
Sworn to and subscribed before rpfe)thi s� �a f rX l A.D ALL_
Manager)
(Clerk of the Circuit Court, Irilfidian River County, Florida)
(SEAL)
Notice of Nubile Nearing
Notice 1s hereby given that the hoard of County
Commissioners of Indian River County, will hold
a public hearing In the Commission Room, In-
dian River County Administrative Butiding, 1840
25th Street, Vero Beach, FL 32980, on Tuesday,
the 31st day of May, 1988, 9..05 a.m., to discuss
the violations of Village Green 1,2,3 franchise
Resolution 73-82.
All Interested parties win be heard.
Dated this 14th,day of May, 1988.
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Don C. Scurlock, Jr., Chairman
May 18, 17,18,1988
.1
The Board reviewed memo of Franchise Manager Abernethy:
DATE: MAY 16, 1988
TO: CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
THRU : TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
FROM: LISA M. ABERNETHY0(`Yr;&
FRANCHISE MANAGER
SUBJECT: VILLAGE GREEN.1,2,3 - VIOLATIONS OF
FRANCHISE RESOLUTION 73-82
BACKGROUND
On July 7, 1986, Florida-Atlantic.Association and Wilder Corporation
of Delaware signed an Assignment of Water and Sewer Franchise
agreement. However, a public hearing has not been held before the
Board of County Commissioners to transfer the franchise owner's
name. Several attempts have been made, see attached letters,. to
discuss the matter with Wilder Corporation, but staff has been
unsuccessful with the negotiations.
46
NAY I 11988
BOOK 12 F',� �E r5I
Since the assignment, Village Green has experienced major water
problems. These problems stem from high consumption demands 'on the
system, broken pumps, and/or broken lines. Staff memorandums and
letters of compliance are attached hereto. These problems have been
corrected within one or two weeks after notification, only to
reoccur soon thereafter.
The most recent incident began April 11, 1988, when the park
manager, Richard Bass, telephoned our office informing staff of high
service pump problems. The problem necessitated the disconnection
of water to the residents. When water began flowing, a high level
of.salinity was reported by staff environmental specialist, John
Lang. Under staffs direction the park manager issued the attached
notice to the residents. Staff notified the Department of
Environmental Regulations and Envionmental Health of the problem.
Mr. Bass informed staff of repairs being made to the pump and that
the problem should be corrected within two weeks time.
On April 28, 1988, the high service pump still was experiencing
problems and staff mailed a compliance letter to Mr. Tom Merrell of
the Wilder Corporation expressing deep concern with regard to the
water problem. The letter stated a compliance date in writing no
later than May 10, 1988, as required by Resolution 73-82. Staff
received a letter from Wilder Corporation on May 12, 1988, attached
reto.
On May 13, 1988, staff received approximately ten telephone calls
from residents in the park advising that the water had been off
since 9:00 am. Telephone calls continued throughout the day and
each call was identical to the first.
ANALYSIS
Section 7, paragraph 1, of franchise Resolution 73-82 states, "The
Owner shall maintain and operate its plant and system and render
efficient service in accordance with the rules and regulations as
are or may be set forth by the Board from time to time.
Additionally, the Owner shall comply with all requirements of the
Department of Health and Rehabilitative Services, Division of
Health, the Department of Pollution Control, the Indian River County
Utilities Department, and appropriate planning agencies relative to
construction, design, operation, capacity, maintenance, and
expansion. The right is hereby reserved to the County to adopt, in
addition to the provisions herein contained and existing applicable
resolutions or laws, such additional regulations as it shall find
necessary in the exercise of the police of power and lawful
authority vested in said County, provided that such regulations
shall be reasonable and not in conflict with.the rights herein
granted and not in conflict with the laws of the State of Florida."
Furthermore, Section 19, paragraph 1, states, "If the Owner fails to
remedy such deficiency or default within the time required by the
notice from the Board, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Owner and
after such hearing at which all interested parties shall be heard,
the Board may further limit or restrict this franchise or may
terminate and cancel the same in whole or in part if proper reasons
therefore are found by the Board.
RECOMMENDATION
Staff feels every effort' of cooperation has been taken with the
owners to correct the continuing water.problem: Staff has shown
evidence of unsafe drinking water as provided by the Heatlh
Department, service problems, and compliance correspondences to and
from the park owners. Staff feels the water outages and poor
quality has caused unnecessary suffering to the park residents for
approximately eight weeks. Staff believes enough time has lapsed
for all the problems in the park to be resolved and at this time we
ask the County Attorney to expand on the legal aspect of Resolution
73-82 and for the Board of County Commissioners to further direct
staff in an effort to resolve this needless problem.
47 mor 72 lrnr 452
Chairman Scurlock went over the actions taken by the Board
as soon as the problems in Village Green came to their attention,
including contacting the DER, the Health Department, and after
some difficulty, the owner himself. He noted that he finally met
with Mr. Wilder and went out on a limb a little because of the
serious concern for public health and welfare, and he has already
signed on behalf of the county an agreement with Wilder
Corporation, which agreement gives the county and the owner 120
days to evaluate the various options. The Chairman reported that
we presently have Village Green hooked up to the county on a
temporary hook-up which may not be very pretty, but it is
functional, and we are going to continue to encourage that the
long term solution, not only for water but also for wastewater,
is eventual hookup to the county system. He assured those
present that we are pursuing every legal process in the people's
best interest, and stressed that we appreciate the people in
Village Green staying calm and helping us to move ahead.
Commissioner Eggert noted that the agreement referred to by
the Chairman was acted on by the Board earlier as a Consent
Agenda item, and she felt sure the Board fully supported the
i�airman's moving ahead and signing the document due to the
seriousness of the situation.
Utilities Director Pinto confirmed that we are at present
connected and supplying water to the franchise area, and he
believed the people are now getting adequate water of much higher
quality as well as adequate pressure. He wished to recommend
that the Board put the agreement in the form of an Order
requiring that within 120 days, they either have their new
treatment facility on line or be in full agreement to make
permanent connection to the county system, and if not, revoke
their franchise.
Chairman Scurlock believed a lot of people have questions
about who is paying for what. The owner is and has been in the
utility business; he chose to be in it; and we feel it is his
48'A( � .�
BOOK .7 9
responsibility to provide utility services either by a new plant
or by hooking on to our system and getting out of the business.
The Chairman, however, wished to make it clear that the county is
being very, very flexible with the park owner in terms of
financing by making it as easy as possible for him to pay the
fees that are appropriate in a timely fashion.
Utilities Director Pinto also wished to make it perfectly
clear that the 120 days referred to is not time just to think
about the problem; that at the end of those 120 days, the owner
either has made the proper arrangements to connect to the county
system or has a treatment plant well under way to deliver
adequate water.
Chairman Scurlock further advised that the agreement sets
out a standard rate for the water being delivered to the park,
but at the end of the 120 days, there is a penalty provision of
an additional 50o as an inducement for the owner to move ahead on
a solution.
Commissioner Bird asked if our water is supplying the fire
I
ydrants or if that comes off the old system, and Director Pinto
advised we are supplying the entire system, including the fire
hydrants; it is all interconnected. They are using upwards of
100,000 gpd. at this time, which is a little high, but he felt
that was due to the recent dry spell. Normal use would be about
60,000 gpd.,. and we would simply ask that during the dry season
they not go overboard with their irrigation.
The Chairman asked if anyone present wished to be heard.
Robert Arnold, President of Village Green Home Owners
Association, spoke on behalf of approximately 1400 residents and
thanked the Chairman, Mr. Pinto, Mr. Galanis and Mr. Vitunac, for
the emergency action taken on May 17th,to provide Village Green
residents with county water. He realized the Commission is well
aware of the water problems.that have existed but expressed the
people's concern about the future and a permanent solution. Mr.
Arnold noted that in the event Wilder Corporation chooses to
49. Bou 72 r, 454
renovate their treatment facility, the Village Green residents
must rely on the appropriate county officials to oversee the
renovations and assure that there is sufficient capacity to meet
the needs and that the facility is properly inspected and
maintained. He was confident county officials will take all
necessary actions to ensure them safe and dependable water.
Mr. Arnold then asked if there was any representative of the
Wilder Corporation present at this meeting, and it was determined
none were present. Mr. Arnold asked that it be made a matter of
record that no representative of Wilder Corporation was present,
which he believed demonstrates management's lack of interest. He
again thanked the county for their actions.
Chairman Scurlock reported that Mr. Wilder has been told
that in any design of a new system, the county is going to insist
on a back-up. The county is required to have a back-up, and we
feel if they are an on-going operating utility, they should have
a back-up supply in case their main supply goes.
Discussion ensued regarding a proper Motion, issuing an
Order, revoking the franchise, etc., and Attorney Vitunac felt
there should be a Motion to postpone revocation of the franchise
to a time uncertain, in which case we will have to readvertise if
they don't meet their requirements under the contract. He noted
that the contract says that after 120 days, the rate goes up by
50o and the County has the right to turn off the water. It is
not absolutely certain in the contract that they have to be on
line with another system at that time, but the county could force
the issue instantly by turning off the water.
Commissioner Eggert stated that she would like to table for
120 days to keep the pressure on what is going on.
Discussion continued, and Commissioner Wheeler emphasized
that he wants to see the owner have a full and thorough
understanding that after 120 days, they have either corrected
their problem or they are on our system.
5
SAY 31 198
BOOK 721' Ur 455
Utilities Director Pinto believed that the Board, as the
regulatory authority under the franchise, should issue an
administrative order specifically setting out the requirements
for Wilder Corporation to meet within the 120 day period and
stating that if the requirements are not met, the franchise will
be up to be revoked.
Attorney Vitunac then suggested that we postpone to a time
certain (the first Board meeting after the 120 day period) and
readvertise, and then issue the Order today.
A gentleman in the audience had a question as to what would
happen if the franchise is revoked, and Chairman Scurlock assured
him the County is trying to pursue every legal remedy available.
He does not see the county going out and turning off the water;
we have other options to pursue, including a 50% penalty. We are
simply trying to make them do what they should do.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler, to issue an administrative order
as discussed above and postpone further action regarding
revocation of the franchise until the Board meeting of
October 4, 1988.
Further questions arose about our recourse if, after the 120
days, the owner does not comply and we revoke their franchise,
and the Chairman assured those present that the county will
represent their best interests, but he did not feel it would be
advisable to discuss every tactic we will use to resolve the
situation.
Wayne Gerhold, concerned resident of Village Green, informed
the Board that since Village Green tapped onto the county system
on May 17th, he has been running a 24 hour check on the water
meters to determine the amount of water they have used. He noted
that they always had complaints about residents using water in
the dark hours for irrigation; however, his figures for ten days'
MAY 31 19 51 BOOK 72 �'A,F, 45
usage show an average of 93,000 gallons, with the average
overnight usage being 32,600 gallons, and the average home use
has been 157.9 gallons daily. From these figures you would
subtract approximately 4,000 gallons where they had a pool
overflow, plus the water that goes to the wastewater system, and
also to the three units of clubhouses, pools, etc. Mr. Gerhold,
therefore, felt the average home use based on a 25% absentee rate
for this time of year, is well under the standard average use
estimated by the county at 200 gpd.
Mr. Gerhold then spoke of the problems with this system
dating back over the years, reportedly resulting from lack of
proper maintenance, which caused the DER and HRS to be brought in
the picture and mandate that the plant be fixed up. It appears
considerable monies were spent in 1984 and 1985 trying to bring
the plant back to operation, but in May of 1987, Vaughn Service
Corporation canceled its contract for servicing the wastewater
treatment plant effective April 1, 1987, stating that they would
continue to service the water plant providing all amounts due for
previous labor, materials and services for both the water and
wastewater plants were paid in full. Shortly after that Mr.
Vaughn was dismissed and the plant deteriorated from that time
on. Mr. Gerhold shuddered to think that Wilder Corp. might have
another chance to run a utility franchise, and if this should
occur, he believed we must make very sure every loophole is
closed in regard to maintenance and operation of the facilities.
It was determined that no one further wished to be heard,
and the Chairman declared the public hearing closed.
THE CHAIRMAN CALLED FOR THE QUESTION on the Motion
to issue an administrative order and postpone action
on revocation of the franchise until Oct. 4th.
IT WAS VOTED ON and carried unanimously (4-0)
Commissioner Bowman being absent.
9001( 7� P' sE 457
AUTHORIZATION TO AMEND ZONING CODE TO RESTRICT LOCATION OF BOTTLE
CLUBS AND ADULT BOOKSTORES
Administrator Balczun reviewed the following:
TO: Charles Balczun DATE: May 23, 1988 FILE:
County Administrator
AUTHORIZATION TO AMEND THE
SUBJECT: ZONING CODE TO RESTRICT THE
LOCATION OF BOTTLE CLUBS
AND ADULT BOOKSTORES
Robert M. Keating, AICPAlpfk
FROM: Director REFERENCES: bottc. /dw4
Community Development Department
7t is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at their
regular meeting of May 31, 1988. -_
DESCRIPTION & CONDITIONS:
The staff has had several recent requests from commissioners to
prohibit or restrict the location of bottle clubs and adult
bookstores. Under present ordinances, bottle clubs are treated
similar to bars, yet no separation distance from churches and
schools is required because bottle clubs do not sell alcohol.
Adult bookstores are treated exactly.as other types of bookstores.
ALTERNATIVES & ANALYSIS:
With both bottle clubs and adult bookstores, prohibition of the
use may not be legal. However, it is possible to severely
restrict the location of these uses. For example, such uses may
be relegated to industrial areas with minimum separation distance
required from residential districts.
To restrict these uses, the planning staff will need to
extensively coordinate with the county attorney's office and draft
applicable ordinance amendments. These would then be reviewed by
the Planning & Zoning Commission, and final action would be taken
by the Board. In order to initiate this activity, the staff needs
the appropriate authorization.
RECOMMENDATION:
If the Board of County Commissioners wishes to pursue more
restrictive regulation of bottle clubs and adult bookstores, the
appropriate course of action would be to authorize staff to draft,
advertise, and process zoning code amendments' to restrict bottle
clubs and adult bookstores. -
Commissioner Eggert commented that she was told by a realtor
that the County doesn't have any restrictions and the City does.
She realized these things can't be prohibited, but she would at
53 BOOK 72 F'Au. 453
l SAY 31 1988 I
least like to see their location restricted as much as possible
and well buffered. She wondered if we could somehow include
topless establishments.
Commissioner Wheeler believed St. Lucie County has separated
alcohol and topless bars and that they seem to have been
successful with that.
Administrator Balczun suggested the Board direct staff to
work on this.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) directed
staff to draft, advertise and process zoning code
amendments to restrict bottle clubs, adult book-
stores, etc.
REQUEST FOR 50 TRUCK LOADS OF FILL - FELLSMERE BALL FIELD
Administrator Balczun reviewed the following, commenting
that although it generally is his practice to recommend against
such things, he would recommend approval in this instance:
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Request for 50 Truck Loads of Fill for
Fellsmere Ball Field
REF. LETTER: Pat Callahan to Jim Davis dated April 19, 1988
DATE: May 16, 1988
DESCRIPTION AND CONDITIONS
The City of Fellsmere and North County Recreation, Inc. is
requesting that the Road and Bridge Division provide 50 truck
loads of fill to be used at the new Fellsmere Ballfield. The new
field has been recently lighted and much volunteer labor and
funds have been donated in the Fellsmere Community. The fill
will be used to level the outfield.
RECOMMENDATION AND FUNDING
Staff recommends that the fill be provided.
54 Book 72 whi 459
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Wheeler, the Board unanimously (4-0) author-
ized Road & Bridge to provide 50 truckloads of fill
to be used at the new Fellsmere Ballfield.
RELEASE OF RETAINAGE_- MISCELLANEOUS INTERSECTIONS, PHASE I
Administrator Balczun reviewed the following:
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Release of Retainage - Miscellaneous Intersections
Phase I
DATE: May 18, 1988
DESCRIPTION AND CONDITIONS
The Phase I Miscellaneous Intersections project which provides
for signalization of the following intersections is complete:
4th Street/27th Avenue
16th Street/43rd Avenue
The consulting engineer, Lloyd and Assoc., is requesting payment
of retainage in the amount of $3,942.88.
RECOMMENDATION AND FUNDING
It is recommended that the 10% retainage be released. Funding
shall be from Fund 109 (Gas Tax Revenue).
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, the Board unanimously (4-0) approved
release of the 10% retainage to pay Lloyd and Assoc.
$3,942.88.
AY 3 1 1988 5 5 BOOK 12 460
REQUEST_ FOR SPECIAL ASSESSMENT_ PAVING OF CERTAIN COLLECTOR ROADS
Administrator Balczun reviewed the following, stressing that
he would recommend awarding this work on the outside as the
County Engineering Department is too busy to handle this within a
reasonable period of time:
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director SINN
SUBJECT: Request for Special Assessment Paving of the
Following Collector Roads
1) Walker Ave - 66th Ave to Village Green
Phase 2 - length .5 miles
2) Walker Ave - West of 74th Avenue -
length .5 miles
3) 1st St. SW - 58th Ave. to 66th Ave. -
length 1.0 miles
4) 33rd St. (Cherry Lane) - 58th Ave to 66th Ave. -
length 1.0 miles
DATE: May 18, 1988
DESCRIPTION AND CONDITIONS
The County staff has received petitions requesting Special
Assessment paving of 1st Street SW from 58th Avenue to 66th
Avenue and 33rd Street (Cherry Lane) from 58th Avenue to 66th
Avenue. The developer of Indian River Estates has requested the
na=ing of 26th Street west of 74th Avenue for approximately
�. Vista Plantation has, in the past, requested paving of
26th Street from 66th Avenue to Village Green MHP. All four of
the above roads are classified as Secondary Collector Roads on
the County Thoroughfare Plan. The paving of 26th Street (Walker
Avenue) is included in the County's Five Year Transportation
Plan. The paving of 1st Street SW is included in the County's 20
year Transportation Plan during the years 2001 to 2005.
ALTERNATIVES AND ANALYSIS
The paving implementation of all four of the above roads will
require right-of-way acquisition. At the present time, the
County Engineering and Petition Paving crews are committed to
many projects previously approved, with many other projects
received in recent months.
The alternatives are as follows:
Alternative No. 1
Distribute the projects for design to Consulting Engineering
firms already under Master Agreements with the County. The
Consultant would survey, design, and bid the paving. After bids
are received, a preliminary assessment roll would be prepared to
fund 50% of the cost since the roads are collector roads. A
public hearing would be held prior to approval.
56
SAY 311999 BOOK 72 461
Alternative No. 2
Put the projects on the current petition paving list of
and have the Engineering Division design the and
ct when
previously approved projects are complete. A list of eprevious
projects is attached.
RECOMMENDATION AND FUNDING
Alternative N0. 1 is recommended. Funding for engineering and
survey work would be as follows:
Walker Ave (26th Street) - Zone 8 Traffic Impact Fees
1st St. SW - Special Assessment funding and Zone 9 Traffic
Impact Fees
33rd Street (Cherry Lane) - Special Assessment Funding
Public Works Director Davis also wished to have the
engineering authorized for that part of Oslo Road west of the
existing paved section, or from 1-95 west for about 3.6 miles.
He explained that Road 6 Bridge has really had a concern recently
trying to grade that road due to the volume of traffic from heavy
citrus trucks. He advised that many of the citrus growers have
approached him (Coca Cola, Minute Maid, Sexton Groves, etc.) and
he believed they would like a special assessment project, but
just don't know how to go about it for a citrus -oriented area
such as that. He told them to go ahead and get a petition
together and bring it to the Board. Another factor is that the
DOT inspected and,has come up with three bridges on that road
that are not conducive to a mining operation out there, plus all
the citrus traffic. He, therefore, would like to have the
engineering authorized at this time and just keep it on file for
when we are ready to move.
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Wheeler, the Board unanimously (4-0) approved
Alternative No. 1 and agreed to add Oslo Road west
from 1-95 to the list as requested by the Public Works
Director.
57 BOOK 72 r nci 462
l
VERO BEACH HIGHLANDS - TRANSFER MAINTENANCE OF SW 20th PL. MEDIAN
FROM PROPERTY OWNERS ASSOC. TO GDC
Administrator Balczun reviewed memo from the Public Works
Director:
TO: Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E. ,--• *
Public Works Director='\
SUBJECT: Vero Beach Highlands - VTransfer of SW 20th Place Median
Maintenance from Property Owners Association to General
Development Corp.
REF. LETTER: Ned Schandloff, GDC to Charles Vitunac dated 5-5-88
DATE: May 24, 1988
DESCRIPTION AND CONDITIONS
An agreement dated Feb. 6, 1980, between GDC and Indian River
County provided for median landscaping by GDC along SW 20th Place
(main entrance to Vero Beach Highlands) and perpetual maintenance
of this landscaping by a Vero Beach Highlands Property Owners
Association when established. At this time, the formal estab-
lishment of the Property Owners Association (POA) is occurring,
however, the POA has requested that GDC maintain this median and
not the POA. General Development Corp. has agreed to this
maintenance, and the attached amendment to the 1980 agreement
between GDC and the County has been prepared by GDC to provide
for this change in maintenance responsibility.
",TTERNATIVES AND ANALYSIS
Staff has reviewed the amendment and has no objection.
RECOMMENDATION AND FUNDING
It is recommended that the Board authorize the Chairman to
execute the Amendment. No funding consideration is applicable.
Commissioner Eggert had a problem with a company versus the
Property Owners Association. She was concerned that GDC will not
necessarily be there forever as it is possible they could sell
out and leave, and she felt there should be some provision for it
to go back.to.the Property Owners in that eventuality.
Considerable discussion ensued about what happens when
somebody maintaining an easement goes out of business, and
Attorney Vitunac asked Director Davis if he just takes over the
R/W or takes it off maintenance.
58 BOOK 72 PA -H. 463
MAY 31198318
J
Director Davis noted that it is still dedicated R/W and is
still public ownership, and he did not see why this would
preclude us from maintaining it.
Commissioner Eggert felt the whole point of this was to make
that development take care of this, but Chairman Scurlock felt it
is an unusual situation. He believed both the property owners
and the development are looking for assurance they will have an
attractive entranceway.
Commissioner Eggert just wanted to be sure that someone
maintains this landscaping so it doesn't become an eyesore.
George Kulczycki of General Development Corporation believed
the reason GDC got into the agreement in the first place was that
_-hey wanted to plant trees on both sides of the entrance road to
hide some of the older homes back there. He noted this issue
came up recently when they were talking about putting sidewalks
in, and he felt they can get the sidewalks behind the trees; they
do want to keep trees there. If they were to lose the trees, he
felt they would appreciate the county just taking over the
maintenance of that area.
Chairman Scurlock pointed out that at least this amendment
provides a vehicle for someone to maintain the landscaping for
some period of time.
Commissioner Eggert inquired whether anyone has asked the
Property Owners Association if they would be back-up to this and
was informed they don't want the responsibility.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
authorized the Chairman to execute the Amendment
re change in maintenance responsibility.
SAID AMENDMENT WILL BE MADE A PART OF THE RECORD WHEN FULLY
EXECUTED AND RECEIVED.
59 BOOK 74' 'E',� ,,IE 46
L MAY 3 11993
COMMENTS RE BOULEVARD LANDSCAPING
Commissioner Bird expressed his dissatisfaction with the
landscaping on the Boulevard median, and several Commissioners
concurred.
Director Davis explained that we are contracting with a
landscaping company to put it in, and we will maintain it. The
contractor is not finished, and we haven't paid a penny yet. He
believed part of the problem is in accepting low bid, but
emphasized R&B is keeping after them and will convey the message
that the Board is dissatisfied.
JAIL PHASE II - FINAL PAYMENT TO ARCHITECT
The Administrator reviewed the following:
TO: Bd. of County Comm.
Charles P. Halczun
FROM: County Administrator
DATE: May 20, 1988 FILE:
SUBJECT: INDIAN RIVER COUNTY JAIL
PHASE II - FINAL PAYMENT
TO ARCHITECT
REFERENCES:
:Attached is Invoice #5-1878 from W. R. Frizzell Architects, Inc. of
Ft. .Myers, Florida in the amount of $1,562.97 representing final
payment to the Architect on Phase II of the Indian River County
Jail.
This matter has been reviewed by staff and is recommended for
payment. While this request for payment is being placed on the
agenda for your May 31st meeting, it has not been signed by an
authorized agent of the firm. Consequently, I have requested the
firm to forward to me a copy of the invoice fully executed and will
forward that document to you upon receipt.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) autho-
rized final payment to W.R.Frizzell Architects in the
amount of $1,562.97 for Phase II of the County Jail.
60 � ` BOOK ' 465
MAY 3 11988
Administrator Balczun stated for the record that at this
time he is very unhappy with Frizzell. He is troubled when we
get invoices without signature, and he also felt they are
beginning to play a game as to responsibility for the acoustics.
He believed he made the Board's position crystal clear in the
letter he sent them, and they simply said they did not under-
stand his letter. He advised that he has written them once again
spelling out the Board's position that acoustics for the existing
maximum security pod not be compensable.
HVAC SYSTEM CORRECTIONS - CONFERENCE ROOM I
Administrator Balczun reviewed the following memo:
TO-.Bd. of County Comm. DATE: May 20, 1988 FILE:
SUBJECT:HvAC SYSTEM CORRECTIONS -
CONFERENCE ROOM 1
FROWCharles P. Balczun REFERENCES:
County Administrator f
ct
BACKGROUND_
We- have and are continuing to receive complaints concerning air.
"temperatures and movement throughout the County Administration -_
Building. To this end, a system study was conducted and numerous -
recommendations made as to specific corrective actions. Some of
those corrections were of such a nature that they have been/are
being made on an on-going basis.
Other corrections are currently programmed into the proposed FY
88-89 budget.
Staff currently proposes to correct deficiencies now which affect
temperature and air movement in Conference Room 1 which has been
and continues to be a source of complaints.
ANALYSIS
Staff proposes to correct problems in the duct and control system
serving Conference Room 1 now as opposed to waiting until next
year. This will require a transfer by the Board of County
Commissioners.
AY 3 61
1 19 BOOK 72 P,nc. 466
RECOMMENDATION
It is recommended that the Board of County Commissioners authorize
a transfer of $3,000 as follows:
From:
Account No. 001-220-519-006.39 OTHER IMPROVEMENTS
To:
Account No. 001-220-519-066.39 OTHER IMPROVEMENTS
EXCEPT BUILDINGS
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) authorized
a transfer of $3,000 for correction of the HVAC System
in Conference Room 1 as set out above.
CHANGE IN PRIORITY, CAPITAL EXPENDITURES FY 88-89 - BUILDING 8
GROUNDS DIVISION
The Board reviewed memo from Superintendent Lynn Williams:
TO: Charles P. Balczun
County Administrator
DATE: May 24, 1988 FILE:
SUBJECT: Change In Priority, Capital
Expenditures FY 88-89
Building And Grounds Division
M:L `' a�`ll ams, Supt, REFERENCES:
B 'lidng and Grounds Division
DESCRIPTIONS AND CONDITIONS
As sometimes happens in a Division such as Building & Grounds,
priorities change through the course of a budget year. Listed below
are the capital projects/expenditures for which funding was allocated
and their present status.
Account 001-220-519-066.39
1) Old Jail Demolition - allocated
Approximately $500 will be expended to relocate
telephone circuits presently routed through the
facility. Previous expenditures to date have been
in labor only.
MAY 3 11986
62 BOOK
L_
$10,000
i C U.
t 467
2) Paving Baptist Church Parking Lot - $50,000
Jim Davis, Public Works Director has notified me of
the church's intent to use the site for an additional
building, thus scrapping this project.
3) Interior Alteration - Administration Bldg. $15,000
Portions of funds used to date for interior alter-
ations of the Administration Bldg. approximately $2,000.
No specific plans for remainder of the funds.
4) 26th St. Parking/Landscaping - $15,000
This project is in the planning stages and should
be complete by mid summer. Costs are expected to
exceed the budgeted amount. Projected cost $18,500.
5) Exterior Painting, Administration Bldg. - $18,000
A preliminary cost proposal was received which
exceeded the budgeted amount by approximately 23,000.
Additionally it was recommended that any reroofing
planned (listed later) should be completed prior
to painting or waterproofing. Mr. Mattes instructed
me to hold this item and resubmit the request in
FY 88-89.
�i) 3/4 Ton Van -
$12,000
The van was purchased for $9,342, leaving an unused
balance of $2,658.
Total $120,000
Expenditures & Projections $30,342
Remainder $89,658
In addition to the above listed funding $96,000 is held in escrow
from a settlement with Koppers, Inc. for the roof on the Adminis-
tration Building.
ALTERNATIVES AND ANALYSIS
Staff recommends the following alternative projects/expenditures for
use of the above listed funds.
1)
Reroofing portion of the Admin. Bldg. -
$75,000
This item has been included in the Bldg. & Grounds
Division request for FY 88-89. Funds are available
in the settlement account. This amount will handle
approximately 25,000 sq. ft. of roofing, which should
allow replacement of the worst areas.
2)
Painting Exterior Admin. Bldg. -
$36,000
Removal of certain portions of the proposal and
specifications, along with competitive bidding
should reduce the original amount ($41,000) by
at least $5,000. This item would not be completed
until after reroofing. $36,000 has been requested
in Bldg. & Grounds Div. FY 88-89 budget request.
3)
Replacement Mower -
$2,600.
This item was not budgeted nor has it been re-
quested for FY 88-89. However, constant repairs
to and reliability of the existing Yazoo riding
mower leave it essentially useless. Request per-
mission to replace this mower.
4)
Vinyl Flooring - County Jail
$6,000
This item has been requested in Bldg. & Grounds
Div. request for FY 88-89. This will assist in
acoustics of the corridors and Attorneys inter-
view area.
63
MAY 311988 bou 72 F,,9,f468
5) Water Conditioner - Jail Kitchen $1,600
Jail staff has requested that a water conditioner
be installed to serve the dishwasher in the Jail _
kitchen. This will reduce the amount of soap re-
quired as well as improve machine operation.
6) Replacement Carpet 3rd Floor - $2,100
Administration requested in budget for FY 88-89.
Present carpet is 8 years old. Only corridor not
replaced to date.
7) Remedial Contract Work - $7,500
Implementation of repairs to A/C control system
as recommended by temp. control study. Requested
FY 88-89 budget.
It is also requested that $5,000 be reserved for non-specific
emergency repairs that may require expenditure of capital funds,
such as A/C repair or replacement.
RECOMMENDATIONS AND FUNDING
.aff recommends approval of the capital projects/expenditures as
stated above. No new funding is required.
Chairman Scurlock inquired about the status of the security
system in the building.
Superintendent Williams advised that it is ready to go; the
one last thing we need to do is rekey the building and make a
master key list. Actually, it was ready to go earlier, but then
work started on the Utilities project and they had access on
Saturdays, etc.
door.
Commissioner Bird inquired what we will have on the back
Superintendent Williams explained there will be a code to
push in which will disarm the system. He has the codes and the
cards; it is a matter of rekeying and education.
Commissioner Eggert asked about the Old Jail demolition item
and did not see why we are removing anything when we don't know
what is going to happen out there.
Chairman Scurlock agreed and felt we should leave the radio
antennas up until we do know.
Administrator Balczun noted that we ultimately will have to
move the generator and the power supply because the power supply
from IRCVAS runs through part of the system at the Old Jail, but
64
L_ MAY 311988 Y
Bm. 72 WAGE.469
since we don't know what will go there ultimately, when those
circumstances do arise, staff will come back to the Board.
Commissioner Eggert questioned why the water conditioner for
the jail kitchen is not in the Sheriff's budget, and OMB Director
Baird advised the Board is responsible for furnishing the
Constitutionals with space and equipment related to their
function. He noted that if the Board wants that cost put in the
Jail Construction Fund, it can be moved there.
Questions continued regarding the reasons for the need for
the water softener, and Chairman Scurlock believed they are
getting City water there, and he wanted to take that item out.
He felt we should leave the radio antennas up until we need to
take them down and take the water softener off the list.
Discussion ensued regarding the need for the vinyl flooring
in the jail, and Superintendent -Williams explained that the
request for the vinyl flooring was put in due to the fact that
once they moved people from Phase I to Phase 11, we did not have
the problem with acoustics.
Chairman Scurlock felt we should leave the vinyl flooring
out then, but Commissioner Wheeler felt the vinyl flooring is
important for the sake of the employees, and although the
acoustics may be within legal bounds now, the Jail is loud.
Superintendent Williams agreed`, and also pointed out that it
is not only the acoustics that are involved; the vinyl flooring
was taken to a certain point in the corridors and then stopped,
and from there on it is just raw concrete that is sealed. Part
of the area included is an interview area; so, aesthetics are
involved as well as acoustics.
Discussion continued about costs,..and OMB Baird recommended
that any of the costs go against the capital project for the
Jail.
65
MAY 3 11988'.
Booz 12 FA- 470
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Wheeler, the Board unanimously (4-0) approved
the capital projects/expenditures recommended by staff,
leaving the radio antennas up and including the vinyl
on the floor, but leaving out Item 5, the water softener;
the funding to be as recommended by the OMB Director.
SUMMER HELP/STUDENT INTERNS
Administrator Balczun reviewed the following:
---------------------------------------------------------------
TO CHARLES P. BALCZUN
. COUNTY ADMINISTRATOR
SUBJECT : SUMMER HELP/STUDENT•INTERNS
DATE MAY 23, 1988
---------------------------------------
We have received requests from some departments for information
concerning the County's policy toward hiring students for the
summer.
According to information received, students have been hired in
the past absent any formal policy or procedure. The prevailing
practice was that if there were funds available in the budget,
then a student could be hired. This does not lend itself to
sound budget and personnel management.
One method of filling the needs is through the Job Training
Partnership Act's summer youth program. We are already working
with the program to place youth in various departments. However,
because of funding and qualification requirements, they may not
be able to meet all of the needs.
In cases where JTPA and the County are unable to make a match, it
is requested that Personnel be authorized to create a temporary
student intern position to allow an operating department to hire
a student who does not meet JTPA's qualification criteria for
program participation. This process would require verification
from the Budget Director that funds are available in the budget
of the requestor.
Since this will be an annual occurrence, it is suggested that
departments and divisions who anticipate the need for student
interns include funding in their Fiscal -1988-89 budget request.
It is recommended that this matter be placed before the Board of
County Commissioners for a policy decision.
? Wm. A. Blankenship, r., AEP
Director of Personnel
66 BOOK 7420 FAH 471
The Administrator wished the Board to make their policy
clear. He would suggest that if a department has a well
documented need and there is no match for the need and there are
sufficient funds, that they be allowed to do this, but he wanted
to have this policy made clear on the record.
Commissioner Eggert expressed her frustration with the
summer interns who do not know what they are doing.
Utilities Director Pinto noted that his division has hired
summertime students who have done a good job, but they also have
had some people who came out of one of these federally funded
programs where they were just plopped in here and their talents
are questionable. He asked that the Board not get these confused
because the summer help has been very valuable to Utilities.
Commissioner Eggert had no problem with a need, but if the
help doesn't know anything, it doesn't solve the need.
Chairman Scurlock stated that is exactly why he likes
staff's recommendation.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
approved staff's recommendation in regard to
hiring students for the summer.
DIVISION OF FORESTRY - AGREEMENT RE FIRE PROTECTION ASSESSMENT
Administrator Balczun reviewed memo from Emergency
Management:
P
67
BOOK 72 i,A,F 472 2
TO: Charles Balczun DATE: May 20, 1988 FILE:
County Administrator
SUBJECT: Division Forestry
Fire Protection Assessment
r�
FROM: Doug Wright, Director REFERENCES:
Emergency Management Services
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at the
next regular meeting. _
DESCRIPTION AND CONDITIONS
authority contained in Section 125.27, Florida Statutes, the
rlorida Division of Forestry is permitted each year to enter into
agreements with each county in the State for the establishment and
maintenance of countywide fire protection of all forest and wild
lands within the County jurisdiction. Each county is assessed a
share of the cost of providing such fire protection a sum in dollars
equal to the total forest and wild land acreage in the County mul-
tiplied by three ($.03) cents. This year the Division of Forestry
has recommended that 102,657 acres in Indian giver County be assessed
at the above stated rate for a total cost of $3,079.71. This is
a reduction in cost from last year's charge (4,097.43) resulting
from a reduction in acreage charge base from 136,581 acres. Unit
cost of $0.03 acres remains the same.
ALTERNATIVES AND ANALYSIS
Since Indian River County does not presently maintain an inventory
� non -urban land in sufficient resolution or detail to determine
-ie correctness of the assessed acreage as stated by the Division
of Forestry, certification or verification of the stated acreage
cannot be accomplished.
It appears that the assessment acres were derived from the sum of
upland forest, range, scrub/brush, marsh, wetland forest, and rural/
urban transition. Information for the assessment was also obtained
from mapping and monitoring of the Agricultural Lands Project 1984-
1987 provided by the Department of Community Affairs and checked
against the 1987 Forest Survey by the Division of Forestry.
RECOMMENDATION
Forest Area Supervisor. Joe Spataro of the Division of Forestry will
be available for questions by the Commission when the issue is consid-
ered. Staff recommends approval and payment of the assessed fee for
rural fire protection as noted in the Cooperative Fire Control
Agreement and requests the Chairman be authorized to execute the
agreement.
MAY 3 1 T388 68
BOOK 72 E'AGE 473
r
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
approved payment of the assessed fee for rural fire
protection as stated above and authorized the Chairman
to execute the Cooperative Agreement with the Division
of Forestry.
STATE OF FLORIDA
COOPERATIVE AGREEMENT
BETWEEN
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF FORESTRY
AND
The County of Indian River , in the State of.Florida
329983 Acres Land.
THIS COOPERATIVE AGREEMENT, made and entered into this 31st day
of May, 1988, by and between the State of Florida, Department
of Agriculture and Consumer�'Services, Division of Forestry, hereinafter called
the "Department," and the County of Indian River of' -the State of Florida,
hereinafter called the "County."
WHEREAS, Section 125.27, Florida Statutes, provides that the Division of
Forestry of the Department of Agriculture and Consumer Services shall enter into
agreements with the Board of County Commissioners of each county in the State
for the establishment and maintenance of countywide fire protection of all for-
est and wild lands within said county, and
WHEREAS, Section 125.27, Florida Statues, also provides that each county
shall, under the terms of this agrement, be assessed each fiscal year as its
share of the cost of providing such fire protection a sum in dollars equal to
the total forest and wild land acreage of the county, as determined by the
Department, multiplied by three cents (3G)•
NOW, THEREFORE, this Cooperative Agreement shall be in full force and
effect on and after , 1988, and shall continue in full
force and effect until superseded by a new agreement or cancelled by the Florida
Statutes.
69.
474
MAY 3 1988
sou 72 r ��
I . The Department shall provide fire protection for 102657 ' acres
of forest and wild lands within Indian River County.` -
2. The County shall, under the terms of this agreement, pay to the
Department annually as its share of the cost of providing such fire protection
$ 3,079.71 , said receipts to be deposited in•.the'General Revenue Fund
of the State. '
3. No amendment, addendum, or changes in this agreement shall be valid
V
and binding upon the parties hereto unless such amendment, addendum, or change
be reduced to writing and executed by both parties.
IN WITNESS 14HEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written.
STATE,;OF FLORIDA, DEPARTMENT OF THE BOARD OF COUNTY COMMISSIONERS
AGRICULTURE AND CONSUMER SERVICES,
DIVISION OF FORESTRY Indian River County, Florida
By:
Commissioner of Agriculture
Date:
By:_�_v
Chairman of Board
Date 3//Z1
(ORIGINAL FULLY SIGNED COOPERATIVE AGREEMENT ON FILE IN THE
OFFICE OF CLERK TO THE BOARD)
CONTRACT - HRS/COUNTY COMMISSION/SHERIFF (SERVICE OF PROCESS
Administrator Balczun advised that this is the contract with
the Sheriff and DHRS for service of process for fiscal year
1988-89, and the effective beginning date of the contract is July
1 , 1988.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
approved the Agreement with the Sheriff and DHRS.
MAY 3 119831" 70 Boy 72 r-nUE 475
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
CONTRACT FOR SERVICE OF PROCESS WITH THE
LOCAL GOVERNMENT OF INDIAN RIVERCOUNTY FLORIDA
BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
AND THE
INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT
THIS CONTi2ACT is entered into by and between the State of
Florida, Department of Health and Rehabilitative Services,
hereinafter referred to as the "department" and the Indian River
County Board of County Commissioners, hereinafter referred to as
the "county", and the Indian River County Sheriff's Department,
hereinafter referred to as the "sheriff". _
I. The County and Sheriff Agree That:
A. Services
The sheriff shall provide Original Service of Process
services and the county is to bill according to the conditions
specified in ATTACHMENT I, PART A.
B. State and Federal Laws and Rea'ulations
1. The sheriff shall serve Original Service of Process
according to Florida law.
2. The county and sheriff shall conform to applicable
federal laws and regulations governing Title IV -D of the Social
Security Act.
3. As this contract contains federal funds, the county
and sheriff shall comply with the provisions of 45 CFR, Part 74,
and other applicable regulations as specified in ATTACHMENT I.
4. If this contract contains federal funds and is over
$100,000, the county and sheriff shall comply with all applicable
standards, orders, or regulations issued pursuant to the Clean Air
Act as amended (42 USC 1857 et seq.) and Water Pollution Control
Act as amended (33 USC 1368 et seq.).
C. Access to Records
1. The county and sheriff shall ensure that all
information recorded, collected and maintained pursuant to this
contract shall sufficiently and properly reflect all expenditures
Oil. funds provided by the department and shall be subject, upon
reasonable notice, to inspection, review and/or audit by
authorized personnel of the department and the federal government.
COPY OF SAID AGREEMENT IS ON.FILE IN THE OFFICE OF CLERK TO THE
BOARD IN ITS ENTIRETY.
71
MAY 3119N Boor 72 taut 476
REGIONAL SLUDGE FACILITY - SPECIAL SERVICES
Administrator Balczun reviewed the following, advising that
the special services would include aerials, surveying, soil
investigation, grant assistance, etc.:
TO: CHARLES P. BALCZUN DATE: MAY 24, 1988
COUNTY ADMINISTRATO
THRU: TERRANCE G. PINTO
DIRECTOR OF UTI TY RVI CES
FROM: WILLIAM F. MCCAIN
PROJECTS ENGINEER ��
DEPARTMENT OF UTILITY SERVICES
-.°JECT: REGIONAL SLUDGE FACILITY - "SPECIAL SERVICES"
BACKGROUND & INFORMATION
On February 23, 1988, the Board of County Commissioners approved
monies for the design of a Regional Sludge Facility by Camp, Dresser
and McKee. (See attached February 16th Agenda Item). The benefits
of recovering the 55% grant for this project are explained in the
cost breakdown attached to previously listed Agenda Item of February
16th.
We have met the March 13, 1987, deadline for submittal of plans to
the Florida Department of Environmental Regulation (FDER).
To complete the final design, several additional items need to be
dme; they are itemized on Exhibit F under "Other Direct Costs."
Other services will also be required such as assistance to our bond
consultant in the form of an engineering report, grant assistance,
and.permitting.
RECOMMENDATION
The Staff of the Department of Utility Services recommends that the
Board of County Commissioners approve and authorize Camp, Dresser
and McKee, Inc. to perform the aforementioned special services for
an up -set limit of $38,859.00. This may be accomplished by the
execution of the attached Work Authorization #11.
WAY 3 11988 72 Boo, 12 477
PROJECT:
PROJECT
DESCRIPTION:
EXHIBIT F
PROJECT BUDGET - SPECIAL SERVICES
Indian River County .
Sludge/Septage Facility
Provide special services to include aerials, surveying,
and a soil investigation to be used during design; a
report to the CLIENT's Bond Consultant; grant
assistance; and permitting.
Agreement between CDM and Indian River County for
General Consulting Services.
ENGINEERING
SERVICES: Budget for special
services.
Category
Hours
Officer (ENEV-9)
40
Engineer (ENEV-5).
116
Engineer (ENEV-2)
135
Engineer (ENEV-1)
78
Designer (DNGN-4)
12
Draftsman (DFGN-3)
26
Project Administrator (AACT-3)
10 "
Secretarial (SEG -2)
115
Direct Salary Cost
532
Other Direct Costs:
Aerials
2,250
Surveying
1,500
Soils
2,500
Printing, Materials, Etc.
7,500
Total Estimate for Engineering Special
Services
e.
Total
$ 25,109
$ 13,750
$ 38,859
Commissioner Eggert inquired how this ties in to any basic
contract we have.
Utilities Director Pinto explained that when we originally
came in to ask permission to move ahead with the regional sludge
facility, it was spelled out that this item would take place
further in the project.as a special service.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
approved Work Authorization #11 authorizing Camp,
Dresser and McKee to perform the described special
services for an up -set .limit of $38,859.
73
Boo.. 72 ►',c478
� � r
WORK AUTHORIZATION NUMBER 11
PROJECT: REGIONAL SLUDGE FACILITY - SPECIAL SERVICES
This Work Authorization is provided for in the Agreement for Professional
Services by and between Indian River County, Florida and Camp Dresser &
McKee Inc., approved by the Board of County Commissioners on June 5, 1985.
Work Authorization No. 11 provides for supplementary and special services
in accordance with Article 6 as more specifically described in the attached
Scope of Work.
Payment for such services shall be in accordance with Articles 8a and 8d
with an upper limit budget amoun6 of $38,859. In accordance with Article
lc, details of the budget are provided in the attached Project Budget.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
CAMP DRESSER & McKEE INC.
Don C. Scurl ck, Jr. Donald G. Munks
Chairman Vice Presiden
Approved: 5-31-88
CDM No. 6706 -17 -SS
ROCKRIDGE SEWER SYSTEM - AWARD OF CONTRACT
Utilities Director Pinto reviewed the following:
TO: CHARLES P. BALCZUN DATE: MAY 20, 1988
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
FROM: WILLIAM F. MCCAIN
PROJECTS ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: AWARD OF CONTRACT - ROCKRIDGE SANITARY SEWER SYSTEM
INDIAN RIVER COUNTY PROJECT NUMBER US -87 -08 -CCS
BACKGROUND:
A total of seven bids were opened February 17th, 1988,
aforementioned work. The bidders are:
1. ROESE .......................$2,411,780.25
2. MAN CON ............. ........$2,574,472.25
3. SEU..........................$2,598,939.75
4. RIC-MAN......................$2,624,368.50
5. COASTLINE....................$2,906,640.50
6. W. JACKSON...................$3,103,592.25
7. VICON........................$4,020,544.50
74
for the -
Book 72 F,A E 479
ANALYSIS
The bids have been evaluated with regard to the following:
a) compliance with bid document instructions
b) equipment manufacturers
c) schedule of prices: in the submitted bids
d) summary of prices
All bids have been determined to be in compliance with
specifications and are acceptable. The low bidder is ROESE, 1698
State Road 683, P.O. Box 780, Ellenton, Florida, 34222, at a bid
price of Two Million, Four -Hundred Eleven Thousand, Seven -Hundred
Eighty Dollars and twenty-five cents $2,411,780.25).
RECOMMENDATION
The Department of Utility Services, in concurrence with the
consulting engineer, Camp Dresser and McKee, Inc., recommends that
,'he Board of County Commissioners approve and authorize the Chairman
to award this contract to Roese Construction Company, for a contract
price of $2,411,780.25. This award will be contingent upon approval
by the Environmental Protection Agency. -
Director Pinto believed that this needs some explanation.
As the Board is aware, this is a federally funded project. We
received the bids sometime ago, and because of some changes that
had been made during the design and review by regulatory
agencies, it came in over what we had anticipated. Staff then
went back through the project, sat down with the agencies again,
flew to Tallahassee to talk to the DER and EPA, and made some
Substantial changes to the design to bring the cost down, and
staff has been sitting and waiting for EPA approval to bring this
to the Board for their approval. Now, however, EPA has said they
were waiting for the Board's approval before they give their
approval; so, we need to approve the contract contingent on EPA
approval. They have already reviewed the project and are in
agreement with everything we have done thus far.
In regard to the funding, Utilities Director Pinto advised
that we initially intended to fund our share of this out of our
impact fee funds and then proceed with an assessment for the
unfunded portion. There has been some discussion as to whether
we should do the assessment first and then award the bid, but on
this particular project there are only 12 residents who have not
signed the application for connection, and staff, therefore,
75 BOOK 74'FA;;E �8®
SAY 3119��
would like to recommend that we proceed with the project and go
through the assessment simultaneously. Director Pinto advised
that he would address change orders to this contract in the next
item.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0) awarded
the contract for the Rockridge Sanitary Sewer System
to the low bidder, Roese Construction Company in the
amount of $2,411.780.25, contingent upon approval by
the Environmental Protection Agency and authorized
proceeding with the assessment simultaneously.
ROCKRIDGE SEWER SYSTEM CONTRACT - CHANGE ORDERS #1 AND #2
Utilities Director Pinto reviewed the following:
TO: CHARLES P. BALCZUN
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
WILLIAM F. McCAIN I. IM MCC
/
PROJECTS ENGINEER(
DEPARTMENT OF UTILITY SERVICES
DATE: MAY 26, 1988
SUBJECT: CHANGE ORDERS #1 AND #2
ROCKRIDGE SANITARY SEWER SYSTEM CONTRACT
INDIAN RIVER COUNTY PROJECT NUMBER US -87 -21 -AR
BACKGROUND
48
WAW ,
Two change orders (both of which are attached) are being submitted for
approval to reduce the contract price for the above stated project.
The change orders are as follows:
1) Change Order #1 - various items within the system and within
the scope of work have been modified or eliminated. (See
Attachment (A) of Change Order #1.) This change order also
extends the contract time from 270 days to 360 days. The
cost savings realized by this time extension is also shown on
Attachment (A) previously referenced.
2) Change Order #2 - This change order authorizes the County to
purchase the 413 grinder pumps units directly from the
manufacturer to be used in this contract. It also
authorizes direct purchase of the 40 spare pumps and the
2 emergency generators.
76
L_
SAY 311988 Boow 72 P,�GF481
ANALYSIS
Change Order #1 will reduce the contract price by a total amount of
$410,467.25.
Change Order #2 - will result in total savings of $45,154.44 by direct
purchase of the aforementioned items. This figure is composed of 1%
saved in bonding and a 6% savings from sales tax. The project's cost
will be reduced by $45,154.44; however, the total contract price will
be reduced by $658,715.00 as the County will directly purchase the
items listed in Change Order #2.
Approval of both of these proposed change orders will reduce the cost
of the project by $455,621.69 and will reduce the contract price by
$1,069,182.30.
The Department of Utility Services feels acceptance of these change -
orders will not affect the successful construction of operation of the
system and will substantially reduce the capital cost incurred by the
County..
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
:.:ard of County Commissioners approve and authorize the aforementioned
nge orders by execution of the attached Environmental
Protection Agency (EPA) change order forms.
In regard to Change Order #2, Director Pinto explained that
he met with the contractor and the EPA and found because the way
the project is designed there is a major cost in the equipment
needed to take the place of these people's septic tanks. It is a
little fiberglass chamber with a pump in it, and it is a very
high cost item. The contractor did not have any problem with
removing that equipment from his contract and letting us purchase
it directly. The suppliers of the pump chamber will give us
adequate warranty, and EPA is also satisfied that we will have
substantial warranty.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the -Board unanimously (4-0) approved
Change Orders #1 and #2 to the Rockridge Sanitary
Sewer System Contract.
MAY 3 11999 77 . Boor 482
� J
CIiIANGE 01WER
(Instructions on reverse side) No. 1
PR03ECT: Rockri dge Area Sanitary Sewers DATE OF ISSUANCE:
OWNER: Indian River County
(Name, 1840 25th Street
Address) Vero Beach, Florida 32960 EPA No. C 120 502 060
CONTRACTOR: Roese Contracting Co., Inc. O`'lrNER'sPmjectNo.
2674 S. Huron Road
Post Office Box 158 ENGINEER: Camp Dresser & McKee Inc.
Kawkawlin, Michigan 48631 660 Beachland Boulevard - #202
CONTRACT FOR: construction of Rockri dge Vero Beach, Florida 32963
area sanitary sewers
ENGINEER's Project No. 6705 -07 -DN
You are directed to make the following changes in the Contract Documents.
Descrintion: Alter materials and time of construction.
Purpose of Change Order: Decrease overall project cost to the Owner.
Attachments: (List documents supporting change) Attachment A
CHANGE IN CONTRACT PRICE:
CIiANGE IN CONTRACT TIME:
Original Contract Price
Ori ral Contract Time
suUbstantial completion - 240 days
2,411 ,760.25
final completion - 270 days
daysorame
Change Orders No. Q to No. ___n
Net change from previous Change Orders
0
0
days
Contract Price prior to this Change Order
Contract Time Prior to this Change Order
substantial completion - 240 days
$ 2,411,780.25
final completion - 270 days
days or nate
Net-Inerease (decrease) of this Change Order
Net Increase (decrease) of this Change Order
S (410,467.25)
90 days
days
Contract Price with all approved Change Orders
Contract Timg w th all approved Change Orders
su�stant�aI completion -X330 days
2,001,313.00
final completion - 360 days
days or date
RECOMMENDED:
APPROVED:
by /Z% by
n¢ineer / Owner
APPROVED:
by
contracto
EJCDC No. 1910-8-B (1983 Edition)
. repared by the Engineers' Joint Contract Documents Committee and endm sal by The Associated General Contractors or America.
Rt Jwwwt vii
78
L- MAY 3118
BOOK 72 Pfl11
u[ 483
y:wa
6706-07
ATTACHMENT A
TO
CHANGE ORDER NO. 1
FOR
CONSTRUCTION OF SANITARY SEWERS
IN THE
ROCKRIDGE AREA
GENERAL:
A. Allow time extension of 90 days for a
total of 360 days in lieu of 270 days
to complete contract.
I. PART A, ITEM 1.A.1, Abandonment of Septic
Tanks, 413 units
A. As per local code, allow Contractor to
bury lid in abandoned septic tank in
lieu of hauling to the landfill. $ 25.00
Deduct $25.00 each
Total Deduct ($ 10,325.00)
II. PART A, ITEM 2.A.1, Grinder Pump Stations,
413 units
a Use anti -flotation ring and at least
5.2 cubic feet of concrete backfill
in lieu of concrete slab.
B. Use pump cradle mount in lieu of rails.
C. Use fiberglass access hatch in lieu of
aluminum.
D. Per local code, allow Schedule 40 elec-
trical conduit in lieu of Schedule 80.
E. Allow galvanized steel control panel
boxes in lieu of stainless steel.
F. Delete seal alarm.
G. Delete elapsed time meter.
H. Allow fiberglass junction box in lieu
of stainless steel. 35.00
Deduct $397.00 each
Total Deduct ($163,961.00)
IRC.VB1
5/24/88
$ 100.00
45.00
150.00
2.20
30.00
23.30
11.50
1.
79
Boor. .4
6706-07
III. PART A, ITEM 2.A.2, Replacement Grinder
Pumps, 40 units
A. Deliver direct to Owner in lieu of de-
livery to Contractor. $ 118.00
Deduct $118.00 each
Total Deduct ($ 4,720.00)
IV. PART A, ITEM 4.A.1., Service Connections,
18,585 l.f.
A. Allow SDR 21 PVC in lieu of Schedule 80
PVC, $ 0,53
B. Allow standard Tee in lieu of Wye fitting. 0.56
C. Eliminate redundant valve at header. 0.96
Deduct $2.05 per l.f.
Total Deduct ($ 38,099.25)
V. PART A, ITEM 5.A.1., 2 -inch PVC, 7,255 l.f.
A. Allow SDR 21 PVC in lieu of Schedule 80
PVC. $ 0.25
B. Reduce restoration in public rights-
of-way to sod only in lieu of trees
and sod. 0.25
Deduct $0.50 per l.f.
Total Deduct ($ 3,627.50)
VI. PART A, ITEM 5.A.2, 2 -1/2 -inch PVC, 9,055
Lf.
A. Allow SDR 21 PVC in lieu of Schedule 80
PVC. $ 0.25
B. Reduce restoration in public rights-
of-way to sod only in lieu of trees
and sod. 0.25
IRC.VB1
5/24/88
2.
Deduct $0.50 per l.f.
Total Deduct ($ 4,527.50)
80
MAY 311988 BOOK
72 i1,,,'JC.485
6706-07
VII. PART A, ITEM 5.A.3., 3 -inch PVC. 3,460 l.f.
A. Allow SDR 21 PVC in lieu of Schedule 80
PVC. $ 0.25
B. Reduce restoration in public rights-
of-way to sod only in lieu of trees
and sod. 0.25
Deduct $0.50 per l.f.
Total Deduct ($ 1,730.00)
VIII. PART A, ITEM 12.A.1., Power Supply Panels,
57 units
A. Allow panel to be made of aluminum in
lieu of galvanized steel. $ 1,500.00
B. Per local code, allow Schedule 40 elec-
trical conduit in lieu of Schedule 80. 550.00
Deduct $2,050.00 per unit
Total Deduct ($116,850.00)
IX. PART A, ITEM 13.A.1., Extra Concrete, 5
cu.yd.
A. Redefine "EXTRA CONCRETE" as extra con-
crete needed to complete construction
other than thrust blocks, foundations,
patching, and cast -in-place concrete. $ 190.00
X. PART A, ITEM 14.A.1., Emergency Generator
Y
A. Delete turbo charger from generator.
XI. PART A, ITEM 15.A.1., Bond
A. Adjust bond after changes.
IRC.VB1
5/24/88
3.
Deduct $190.00 per cu.yd.
Total Deduct ($ 950.00)
$11,455.00
Deduct $11,455.00 each
Total Deduct ($ 22,910.00)
$ 5,098.00
Total Deduct ($ 5,098.00)
81.
BOOK 72 F uf..486
MAY � � 19�
XII. PART B, ITEM 1.A.1., Service Laterals, 413
units
A. Allow time extension of 36 hours in
lieu of 24 hours to complete grinder
pump installation.
XIII. PART B, ITEM 2.A.1., Bond
A. Adjust bond.
$ 90.00
Deduct $90.00 each
Total Deduct ($ 37,170.00)
$ 499.00
Total Deduct ($ 499.00)
TOTAL CHANGE ORDER AMOUNT ------------------------------------- ($410,467.25)
(Instructions on reverse side) CHANGE (j1ZL;;, R (qo. 2
PROJECT: Rockridge Area Sanitary SevfrS DATE OF ISSUANCE:
OWNER: Indian River County
a, 1840 25th street
Vero Beach, Florida 32960 EPA No. C 120 502 060
CONTRACTOR: Roese Contracting Co., Inc. OWNER's Project No.
2674 S. Huron Road
Post Offite Box 158 ENGINEER: CwP Dresser & Nd(ee Inc.
K&kawlin, Michigan 48631 660 Beachland Boulevard - #202
CONTRACT FOR: Vero Beach, Florida 32963
ENGINEER's Project No. 6705 -07 -DN
You are directed to make the following changes in the Contract Documents.
Description: OWNER to purchase equipment direct.
Purpose of Change Order: OVM decreases overall cont by tax-free status.
Attachments: (List documents supporting change) Attachment A
CHANGE IN CONTRACT PRICE:
Original Contract Price
$ 2,411,780:25
Previous Change Orders No. 0 to No.. 1
$ (410,467.25)
Contract Price prior to this Change Order
$ 2,001,313.00
Net Increase (decrease) of this Change Order
$ (658,715.00)
Contract Price with all approved Change Orders
$ 1,342,598.00
RECOMMENDED: API'ROVED:
by .�.�^ C, .,/ � by
WAYS 1 19 ircer (h.mrr
CHANGE IN CONTRACT TIME:
Origi I Contract Time
days or date
Net change frot!v
iuus Chan Orders
days
Contract Time Prior t this ChRrge Order
days or date
Net Inctcas decrease) of this Change 0\ftter
Cyfitract Time with all approved Change Orders
days or date
APPROVED:
by `
Bi1tJp Cu
K fr{'it
r
r6-07
ATTACHMENT A
TO
CHANGE ORDER NO. 2
FOR
CONSTRUCTION OF SANITARY SEWERS
IN THE
ROCKRIDGE AREA
I. PART A, ITEM 2.A.1, Grinder Pump Stations,
413 units
A. OWNER to purchase units direct in lieu
of CONTRACTOR purchasing units.
�1
Deduct $ 1,339.84 each
Total Deduct ($553,353.92)
II. PART A, ITEM 2.A.2, Replacement Grinder
Pumps, 40 units
A. OWNER to purchase units direct in lieu
of CONTRACTOR purchasing units.
Deduct $ 557.00 each
Total Deduct ($ 22,280.00)
III. PART A, ITEM 14.A.1, Emergency Generators
e urchase unit direct in lieu
purchasing units.
Deduct $38,545.00 each
Total Deduct ($77,090.00)
IV. PART A, ITEM 15.4.1., Bond
A. Adjust bond after changes.
Deduct $ 5,991.08
Total Deduct ($ 5,991.08)
TOTAL CHANGE ORDER AMOUNT ------------------- ------------------ ($658,715.00)
IRC. VB1
5/27/88
1.
i
83
Y3 11988 Boa F 488
PROFESSIONAL SERVICES AGREEMENT - CR 512 IMPROVEMENTS
Public Works Director Davis reviewed the following:
TO: Charles A. Balczun
County Administrator
FROM: James W. Davis, P.E.
Public Works Directo
SUBJECT: Professional Services Agreement
CR 512 Improvements
DATE: May 24, 1988
DESCRIPTION AND CONDITIONS
Staff has negotiated the attached agreement providing
Professional Engineering/Surveying Services for the design of a 4
lane divided roadway, drainage improvements, and pedestrian
facilities along the CR 512 corridor from Collier Creek to U.S.
1. The agreement defines a detailed scope of work which includes
a Traffic Engineering Study for much of the City of Sebastian,
full design services, permitting, and construction management.
The basic fee is $226,956 plus direct expenses such as
reproductions, copies, etc.
ALTERNATIVES AND ANALYSIS
Staff has negotiated the agreement and is of the opinion
that the scope of work and compensation is appropriate.
RECOMMENDATION AND FUNDING
It is recommended that the Board authorize the Chairman to
execute the Agreement. Funding from Zone 3 Traffic Impact Fees.
Commissioner Eggert inquired who is going to build that road
by Sebastian Lakes, and Director Davis stated it was his
understanding that when the commercial project to the east of
that road is approved, it will be a requirement of the developer
of that commercial tract to implement the Laconia Ave./Roseland
Road link in there.
Commissioner Eggert just wanted to be sure we will not get
some big assessment out of the blue other than the road impact
fees we pay, and Director Davis stated that is his understanding,
but we don't have control there; Sebastian has the control.
Commissioner Eggert felt maybe we should get some kind of
statement on that.
Commissioner Bird asked if we are satisfied with the design
and alignment proposed, and Director Davis advised that he has
84
`"i ' Baas 72, r�n[ M
met with the Sebastian City Council and staff, and they have
approved the twin pairs concept in splitting the east and
westbound roadways. As a matter of fact, we got that in writing
also. He noted that at the time they had a workshop on this,
Mayor Harris was in office, but confirmed that he has talked to
newly elected Mayor Votapka about it.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously (4-0)
approved the Agreement with Lloyd and.Associates
for Professional Engineering Services on the CR 512
L
Corridor Improvements, but asked that staff recheck
this with Sebastian.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN
ITS ENTIRETY.
ACQUISITION OF RIVER EDGE UTILITY FROM KEPPLER
Attorney Vitunac reviewed the following, noting that with
some luck, the county will get the money back in the future:
85 Boa ,72 PAr;E 4.90
L MAY 31 1988 �
TO: Board of County Commissioners
t v
f
FROM: Charles P. Vitunac, County Attorney
DATE: May 16, 1988
RE: COUNTY ACQUISITION OF RIVER EDGE
UTILITY FROM KEPPLER
Commission Meeting - May 31, 1988
The County recently acquired Tracts D and E of River Edge
Subdivision from Elliot Keppler, along with the existing
utilities. The transfer was precipitated by court action
taken by the County's Environmental Control Board caused by
the inability of the utility owner to provide safe drinking
water to the residents of River Edge and by the offer of the
County's Utilities Department to step in and renovate and
manage the system.
When the County took this property, there were some Liens
against the property which the County had to assume. The
County required the owner, Keppier, to sign two promissory
notes in favor of the County, and, to get the outstanding
liens released by the lien holder, PERRY & LEIGHTY. INC.,
the County entered into an agreement with PERRY & LEIGHTY,
INC., to pay it $3,000 cash now and to assign the two
promissory notes with the proviso that the first $3,000
PERRY 6 LEIGHTY, INC. collects be returned to the County
with interest.
PERRY 8 LEIGHTY, INC. has executed an agreement in this
regard along with a satisfaction of its lien; therefore, we
iow request Board authorization to pay the sum of $3,000 to
PERRY & LEIGHTY, INC. and for the Chairman to execute the
agreement as well as the assignment of the two promissory
notes.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
the payment of $3,000 to Perry & Leighty, Inc., and
authorized the Chairman to execute the agreement with
Perry 6 Leighty, Inc., and the assignment of the two
promissory notes.
SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
86
MAY 311988 800 72r,,,,t 491
TRANSFER OF ASSETS OF UTILITIES_ DEPARTMENT TO THE SOLID WASTE
DISPOSAL DISTRICT
County Attorney Vitunac reviewed the following
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: May 25, 1988
RE: TRANSFER OF ASSETS OF U TILITIES DEPARTMENT
TO THE SOLID WASTE DISPOSAL DISTRICT
Commission Meeting - May 31, 1988
In connection with the establishment of the Solid Waste
Disposal District, our bond counsel and financial
consultants have suggested that certain assets of the County
be transferred to the District, since it will be functioning
as a dependent special district and will not be using any
County funds.
The attached resolution transfers the physical assets of the
Utilities and Refuse Departments to the District and
authorizes future execution of bills of sale, leases, and
quitclaim deeds, as may be necessary.
Attorney Vitunac explained that this transfers assets used
by the County now for the solid waste system to the Solid Waste
District. It is a requirement of the bond officials that we
lease the property and all the equipment for $1.00 a year until
the bonds are paid off. The Resolution also defeases the old$1.8
million bond issue, and it requires that to be done from the
proceeds of the$8.2 million bond issue.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) adopted
Resolution 88-37 transferring certain assets of the
Utilities Department to the Solid Waste Disposal
District and authorized the Chairman to execute the
Lease to the District.
87
MAY 3 11988 BOOK. 72 2 P,, fx 492
C
r
INDIAN RIVER COUNTY,
FLORIDA
RESOLUTION NO. 88 -37
A RESOLUTION PROVIDING FOR THE RETIREMENT OF THE SOLID
WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977
ISSUED BY THIS COUNTY TO PAY THE COSTS OF ACQUIRING
AND CONSTRUCTING A SOLID WASTE DISPOSAL SYSTEM;
PROVIDING FOR THE DEPOSIT OF MONEY INTO THE SINKING
FUND FOR SUCH BONDS TO PROVIDE SUFFICIENT MONEY TO PAY
PRINCIPAL AND INTEREST ON SUCH BONDS WHEN DUE;
PROVIDING THAT SUCH MONEY SHALL BE HELD IN ESCRO14 AND
APPROVING THE FORM OF AN ESCROW AGREEMENT; APPOINTING
AN ESCROW AGENT; PROVIDING FOR THE LEASE OF THE
EXISTING SOLID WASTE DISPOSAL SYSTEM OF THIS COUNTY TO
THE INDIAN RIVER COUNTY, FLORIDA SOLID WASTE DISPOSAL
DISTRICT AND APPROVING THE FORM OF SUCH LEASE;
AUTHORIZING THE OFFICERS OF THE BOARD OF COUNTY
COMMISSIONERS TO DO, TO TAKE AND TO AUTHORIZE CERTAIN
ACTIONS AND THINGS RELATED TO THE FOREGOING; AGREEING
NOT TO AMEND THIS RESOLUTION OR ORDINANCE NO. 87-67,
EXCEPT AS PROVIDED HEREIN; AND PROVIDING FOR CERTAIN
RELATED NLATTERS.
WHEREAS, Indian River County, Florida (the "County"), pursuant
Resolution No. 77-110 duly adopted in accordance with law on November
2, 1977, as amended (the "1977 Bond Resolution"), and other applicable
provisions of law, authorized, issued and delivered a series of revenue
bonds designated as "Solid Waste Disposal System Revenue Bonds, Series
1977", in an original aggregate principal amount of $1,815,000 (the 111977
Bonds") for the purpose of providing funds for and toward the costs of
acquiring and constructing a solid waste disposal system, including a
solid waste landfill and other facilities and equipment to provide for
RESOLUTION 88-37, LEASE TO SWDD, AND ATTACHED INVENTORY ARE ON
FILE 1N THE OFFICE OF CLERK TO THE BOARD.
88
MAY 3 11988 Saar, 493
PROPOSED ANIMAL. CONTROL ORDINANCE
The Board reviewed memo from Assistant County Attorney
Brennan:
TO: Board of County Commissioners
FROM: Sharon Phillips Brennan
Assistant County Attorney'
DATE: May 19, 1988
RE: Proposed Animal Control Ordinance
Attached for your review and discussion is the proposed
Animal Control Ordinance which amends the current ordinance
by granting citation powers to designated animal control
officers.
This item is being presented to you now for your
information, review and any comments you may have.
This matter is being advertised in the Press Journal
Newspaper on Monday May 23, 1988 for a public hearing before
the Board of County Commissioners at its regular meeting on
Tuesday June 14, 1988.
It was noted this is just an informational item, and the
Board directed staff to continue with the process.
Commissioner Eggert understood they need this, or she would
ask that an ordinance not be passed while she is away; however,
unless there is some major change, she does not have any problems
with what is proposed.
CONTRACT FOR PURCHASE OF NORTH BEACH WATER COMPANY
County Attorney Vitunac reviewed the following memo:
89
MAY 311988 BOCK 72 r -n, 494
TO: Board of County Commissioners
L. f I
FROM: C arles P. VitUnac, County Attorney
DATE: May 23, 1988
RE: AUTHORIZATION TO EXECUTE CONTRACT OF
PURCHASE NORTH BEACH WATER COMPANY
Board Meeting - May 31, 1988
On March 15, 1988, the Board held a public hearing, as
required by state law, to consider the proposed purchased by
the Board of the North Beach Water Company. Attached to
this memorandum is a copy of the memorandum written to the
County Administrator, which explains the terms of the
contract.
After the public hearing the Board authorized execution of
the contract when it was brought back to the Board signed by
the seller. Attached is that contract, ready for execution
by the Chairman, and it is presented to the Board today for
authorization to execute this contract and to proceed with
the closing.
Attorney Vitunac noted that Utilities Director Pinto and
Chairman Scurlock negotiated the proposed agreement with Terry
Hess and George Liner, of North Beach Water Company, who are in
the audience today, and it was brought before the Board before at
the public hearing required by law. The public was supportive.
This purchase will be funded from a surcharge on the customers of
that system only, and since the county rate is about $13 a month
lower than the existing rate, even with the surcharge they will
pay the same amount of money, and the system will pay for itself.
No tax money is involved, and it will be.bought with a bond
issue.
Chairman Scurlock believed this is contingent on the
financing, and this was confirmed by Attorney Vitunac, who noted
that it gives.us until November 1st to close the bond issue.
Commissioner Eggert had questions.about the final price, and
Attorney Vitunac confirmed that the price has been negotiated
down to a set figure of 3.1million.
It was noted that there was no one present who wished to
offer any comments.
90
[WAY 31 now. 72 Fnl; 49
� � r
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) authorized
the Chairman to execute the contract for the purchase
of North Beach Water Company and authorized staff to
proceed with the closing.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN
ITS ENTIRETY.
NORTH COUNTY LIBRARY ARCHITECTS
Commissioner Eggert reviewed the following:
TO: Board of County DATE: May 25, 1988
Commissioners FILE:
SUBJECT: North County Library
Architects
FROM: Carolyn K. Eggert 0 REFERENCES:
County Commissioner
The Selection Committee for the North County Community
Library chose the following architects in order of rank:
1. Stottler, Stagg & Associates, Cape Canaveral,
Florida
2. Harvard, Jolly, Morcet & Associates, St. Petersburg,
Florida
3. Schweizer, Inc., Orlando, Florida
As directed by State law and the County Attorney's
office, Charles Balczun will begin negotiations for a
contract to be brought before the June 7th County Commission
meeting.
91
kJn i 3 11988 BOOK 496
Commissioner Eggert noted that this is an informational item
only. Mr. Balczun is presently in negotiation with Stottler,
Stagg.
Administrator Balczun confirmed that he has met with
representatives of Stottler, Stagg and discussed proposed changes
to technical language, most of which was proposed by the County
Attorney's office. They had no material disagreement but wanted
to refer the document to their attorneys. We will be getting in
touch with them again this afternoon.
DOCUMENTS TO BE MADE A PART OF THE MINUTES
Agreement with International Golf, Inc., in regard to rights
to recover golf balls from water hazards of the Sandridge Golf
Club, having been fully executed and received, as approved at the
Regular Meeting of March 15, 1988, is hereby made a part of the
Official Record.
92 °� (i
Ali 1 19008 BOOK .1 f�. u 497
AGREEMENT
TH I S AGREEMENT, made this _19th day of April_ ,
1988, by and between INDIAN �FTVER COUNI'V,- a political
subdivision of the State of Florida, 1840 25th Street, Vero
Beach, Florida 32960 (COUNTY), and INTERNATIONAL GOLF, INC.,
whose address is 21 S.E. 10th Street, Deerfield Beach,
Florida 33441-5305 (INTERNATIONAL)
W I T N E S S E T H:
THAT FOR AND IN CONSIDERATION of the mutual covenants
and other promises contained in this agreement, the COUNTY
and INTERNATIONAL agree as follows:
1. INTERNATIONAL shall have the exclusive rights to recover
golf balls from all water hazards of the Sandridge Golf
Club, .5300 73rd -Street, Vero Beach, FL, which is owned or
operated by the COUNTY, for a period of one year, beginning
on April 20 , 1988 and ending on _ AQril 19
19897 THe contract may be renewed annual-ly subiect to
approval by the COUNTY.
2. In return, INTERNATIONAL shall grant to the COUNTY a
CREDIT in the amount of $3,000.00 to be used toward the
purchase of any of INTERNATIONAL'S merchandise at its
current prices. After the CREDIT has been used, the COUNTY
will receive a 20% 20 day, net 30 day DISCOJJNT on
INTERNATIONAL'S merchandise.
3. INTERNATIONAL expressly understands and agrees that
access to the Sandridge Golf Club golf course is for the
limited purpose of golf ball recovery and does not
constitute permission to utilize the golf course for other
purposes. This agreement Is also non -assignable without the
express written consent of the COUNTY.
4. INTERNATIONAL is and shall be an independent contractor,
responsible to all parties for all of its acts or omissions,
and the COUNTY shall in no way be responsible for such acts
or omissions. INTERNATIONAL shall. indemnify and hold the
COUNTY harmless from and against all claims, liability,
demands, damages, expenses, fees, fines, penalties, suits,
proceedings, actions and costs of actions, including
reasonable attorneys fees, of any kind or nature arising or
In any way connected with the collection of golf balls from
the Sandridge Golf Club water hazards by INTERNATIONAL or
Its agents, servants, employees, customers, patrons, or
Invitees, whether on the golf course or surrounding area, or
resulting from injury to persons or property, or loss of
Life as property of any kind or nature whatsoever sustained
during the duration of INTERNATIONAL'S agreement with the
COUNTY.
5. INTERNATIONAL shall, at its own cost and expense,
promptly procure and pay for and at all time maintain a
policy or policies of insurance in a company or companies
acceptable to the COUNTY, protecting and insuring the COUNTY
against any and all of the foregoing with coverage limits of
not less than $1,000,000.00 for bodily injury and property
damage as a result of any single occurrence. The described
policies of insurance and all renewals of those policies
shall be delivered to and held by the COUNTY. The COUNTY
may, at its option, accept a certificate of insurance in
lieu of the policy.
'MAY 31 WSM8 93 BOOK .72 mu 498
6. Both parties shall have the right to terminate the
agreement, upon 30 days written notice, with or .without
cause, ending all rights and obligations provided hereunder,
except that the performance of both parties shall be
pro -rated and refunds shall be made accordingly.
7. This Agreement contains the entire Agreement of the
parties and shall not be extended or modified except in
writing.-
IN
riting:
IN WITNESS WHEREOF, the parties have executed this
Agreement on the day and year above first written.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
Approved: 3-15-88
Date: Signed: 4-28-88 By:
Don . Scu oc
Chairman
Date: 1 J�
NORTH COUNTY FIRE
Approved:
0
INTERNATIONAL GOLF, INC.
The Chairman announced that the Board would reconvene acting
as the District Board of Fire Commissioners of the North Indian
River County Fire District immediately upon adjournment. Those
Minutes are being prepared separately.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:00 o'clock A.M.
ATTEST:
Clerk
Chairman
94 BOOK .72 4 f .E 499