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HomeMy WebLinkAbout10/4/1988Tuesday, October 4, 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, October 4, 1988, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Absent was Chairman Don C. Scurlock, Jr., who was attending a Water Pollution Control Convention at Dallas, Texas. Also present were William G. Collins, II, Acting County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. - Vice Chairman Wheeler called the meeting to order. Reverend Melody St. Germain, First Community Church, gave the invocation, and County Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Eggert requested that a Proclamation re Mental Illness Awareness Week be added to the Consent Agenda as Item 6H. She also asked that Item 8A (2) Main Library Architect Contract be deleted from the agenda as permission to go ahead and negotiate was given last week. OCT 4 1988 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, Chairman Scurlock being absent, the Board unanimously (4-0) added to and deleted items from the Agenda as described above. BOOK ,��F l 8 APPROVAL OF MINUTES The Vice Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of September 6, 1988. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, Chairman Scurlock being absent, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of September 6, 1988, as written. CONSENT AGENDA Commissioner Eggert requested that Item F and Item G be removed from the Consent Agenda for discussion. A. Reports The following was received and placed on file in the Office of Clerk to the Board: Certified copies of Resolutions No. 2 through 5, adopted by the Board of Trustees of the Indian River County Hospital District on 9/15/88, repre- senting the 1988 Millage Levy for FY 1988-89, etc. B. Professional Services - Surveying The Board reviewed memo from County Engineer Ralph Brescia: TO: William G. Collins, II Acti Coty inistrator J� FROM: N. "S a a, .E. County Engineer SUBJECT: Professional Services - Surveying DATE: September 28, 1988 DESCRIPTION AND CONDITIONS The Engineering Division is having difficulty hiring and retaining qualified surveyors, consequently there is a substantial backlog in surveying related projects. Until such time as an additional crew can be hired, it is essential that temporary professional services from a private firm be utilized. OCT 41988 2 Door 74 FK,[399 RECOMMENDATION Since the County has a Professional Land Surveying Services Master Agreement with Lloyd and Associates, it is recommended that this firm be considered for general surveying services primarily on the Dixie Heights petition paving program. The costs for such services vary from $55/hr - $70/hr. The established rate from Lloyd & Associates for this project is $60/hr. This would include a three man crew, a survey truck, and appropriate instruments. All work will be performed under the general direction of the County Engineer, Ralph N. Brescia with specific daily instructions from Charles A. Cramer, County Surveyor. FUNDING Funds are available under the Dixie Heights Petition Paving Program, account #173-214-541-033.13. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) authorized using Lloyd and Associates for general surveying services primarily on the Dixie Heights petition paving program at a rate of $60/hr and approved Work Order No. 2 to the Master Agreement w/Lloyd & Assoc. INDIAN RIVER COUNTY LAND SURVEYING SERVICES WORK ORDER NO. 2 TO THE PROFESSIONAL CIVIL ENGINEERING/ LAND SURVEYING SERVICES MASTER AGREEMENT BETWEEN LLOYD AND ASSOCIATES, INC., DATED JUNE 21, 1988 AND INDIAN RIVER COUNTY, FLORIDA. Pursuant to the Professional Civil Engineering/Land Surveying Services agreement dated June 21, 1988, by and between Indian River County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and Lloyd & Associates, Inc., Vero Beach, Florida hereinafter referred to as the ENGINEER, this Work Order No. 2 is an extension of and hereby becomes a part of the master agreement (hereinafter referred ,to as the MASTER AGREEMENT) as follows: Section I - Project Limits Dixie Heights Subdivision and other areas within the County limits where survey work is necessary. 3 OCT 41888 BOOK 74 FA00 Section II - County Obligations The COUNTY agrees to: A. Provide the ENGINEER with all available drawings, surveys, rights-of-way maps, and other documents pertinent to the project which are in the possession of the COUNTY, however, all information requiring research shall be the responsibility of the ENGINEER. Section III - Scope of Services A. The ENGINEER will perform all necessary land surveying work as designated by the County Engineer and/or the County Surveyor. B. After issuance of a work order and written authorization to proceed, the ENGINEER shall consult with the COUNTY to clarify and define the COUNTY'S requirements and objectives for the project, and review all available data. C. The ENGINEER will strive to complete his work on the project within the time allowed by maintaining an adequate staff of surveyors. - D. The ENGINEER shall report the status of this project to the County Surveyor upon request. 1. All original documents, survey notes, field books, tracing and the like including all items furnished to the ENGINEER by the COUNTY puzsuant to this agreement are, and will remain, the property of the COUNTY. Section IV - Time for Completion A. After issuance of written authorization to proceed, projects will be assigned and completed as designated by the County Surveyor. Section V - Compensation Surveying costs to include a three man survey crew truck and appropriate state of the art instruments at a fee not to exceed 4 OCT 41988 Pa aoQK 74 il;LL 4Ol $60 per hour-. The survey crew is to consist of a party chief, instrument man and rodman to be accepted by the County Surveyor. Section VI - Payments Payments shall be made on a project by project basis with invoices submitted to the County Surveyor. Section VII - All conditions set forth in the MASTER AGREEMENT shall control unless otherwise specified in this WORK ORDER. This WORK ORDER regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed 'these presents this 4th -day of October , 1988. LLOYD & ASSOCIATES, INC.. 1830 20TH STREET VERO BEACH, FL. 32960 Phillip R. Bryant Director Attest: d44-916 It .69‘tn,-(LaA INDIAN RIVER COUNTY, FLORIDA BY: a"-2' , ( Gary (7 Wheeler, Vice Chairman Attest:2e.cettt../ ttf-d.; Freda Wright, C1 r C. Request for Site Plan Extension - Robert Simons The Board reviewed memo from Staff Planner Wiegers: OCT 41988 5 BOOK 74 ME 4O2 TO: William G. Collins II Acting County Administrator DIVISION HEAD CONCURRENCE: r ert M. Keatinc , fiAICy Community Development Director THROUGH: Stan Boling, AICP ,,©/j• Chief, Current Deve nt g FROM: Robert E. Wiegers Staff Planner, Current Development DATE: September 20, 1988 SUBJECT: ROBERT SIMONS' REQUEST FOR SITE PLAN EXTENSION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 1988. DESCRIPTION AND CONDITIONS: On October 8, 1987, the Planning and Zoning Commission approved a major site plan application submitted by Robert Simons. Approval was given to construct a 4.,956 sq. ft. warehouse and trades building with associated site improvements at 935 36th Court, S.W. Due to financial constraints, Mr. Simons has been unable to commence construction prior to the expiration of the approved site plan. However, if no construction has begun by October 8, 1988, the site plan approval will lapse unless otherwise extended by the Board of County Commissioners. This petition was -received by the Community Development department prior to the expiration of the approved plan, as required by site plan ordinance. No regulations have changed since the time of site plan approval that would affect the approved plans. Pursuant to the provisions of Section 23.2(G)(2), Appendix A of the Zoning. Code, Mr. Simons is requesting a full 1 year extension of the approved site plan. It has been the policy of the Board to grant extensions to projects which conform to current codes. RECOMMENDATION: Staff recommends approval of Mr. Simons' request for a one year extension of the approved site plan; the new expiration date to be October 8, 1989. OCT 41988 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) granted a one-year extension of site plan approval as re- quested by Robert Simons. 6 ROOK 74 FAGS 403 D, Release of County Liens The Board reviewed memo from Attorney Vitunac: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: September 26, 1988 RE: CONSENT AGENDA - BCC MEETING 10/4/88 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 Assessment Lien - EMERSON River Shores Estates Water Tax 1.D.#30-33-40-00000-3000-0033.0 Release of Assessment Lien - LANE Lots 30 and 31 of SUNNYDALE ACRES SUBD. Back-up information for the above is on file in the County Attorney's & Utilities Department Offices. _ / Ik Release of Assessment Lien - MCKNIGHT Map #37, State Road 60 Sewers ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) approved Release of Assessment Liens as listed above. COPIES OF SAID RELEASES ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 7 OCT 4 1988 Etoos 74 FAH 404 E. Proclamation - Youth Manor Week ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) designated the week of October 24th through October 28th, 1988, YOUTH MANOR WEEK. PROCLAMATION WHEREAS, Yguth Manor is a community based group home serving abused, neglected, and disturbed youths ages 10-17 years; and WHEREAS, youths are. referred to the program for a variety of reasons including persistent behavior which would be considered counterproductive to society; and WHEREAS, Youth Manor is staffed by highly trained professional Family Teachers, along with two full-time assistants; and WHEREAS, Youth Manor successfully trains critical skills in academics, personal maintenance, family relationships, and vocations to its students; and WHEREAS, appropriate behavior such as that taught at Youth Manor is critical for a successfully functioning community; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that October 24th' through October 28th, 1988 be designated as YOUTH MANOR WEEK and calls upon all citizens, schools, businesses, clubs and the news media to commemorate the role of Youth Manor in our community. Dated this 4th dday.of October, 1988. OCT 4 19 8 8 BOARD OF COUNTY COPMIISSIONERS INDIAN'RIVER COUNTY, FLORIDA Don C. Scuflock, J Chairman 800K 74 PAGE 405 F. Cancellation of October 25, 1988 County Commission Meeting Commissioner Eggert noted that she has no problem with canceling this meeting, but she just wanted to make sure we don't get into the habit of canceling meetings when there are three Commissioners present. She did not want this to be a statement of policy. Vice Chairman Wheeler did not feel it is a statement or policy. He noted that both he and Commissioner Bird will be gone that week; it was enough time in advance; there were no public hearings on that agenda; and he felt the other Commissioners might be happy to have a day off. Commissioner Bird concurred that it was not a statement of policy. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) approved cancellation of the County Commission meeting of - October 25, 1988. G. Towers Perrin (TPF&C) - Final Payment for Salary Study The Board reviewed memo from Acting Administrator Collins and letter from Andrea Deeb of TPF&C: TO: Board of County Commissioner-ft,ATE: September 28, 1988 FILE: SUBJECT: TPF&C - FINAL PAYMENT Jnr William G. Collins II �� � �/ J / FROM: Acting County Administrator REFERENCES: / VL .4,l) invoice has been received from TPF&C in the amount of $7,605 which represents final payment for the Pay and Classification Study. It is recommended the Board authorize payment for this final invoice. 9 OCT 41988 HOOK 74 FA;,i:406 TPF&C a Towers Perrin company Personal and Confidential September 22, 1988 Mr. Joseph A. Baird Director, Budget County of Indian River Administration Building 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Baird: On May 16, 1988, I sent to the attention of ?Ir. William Blankenship a final billing statement in the amount of $7,605 (copy enclosed). This amount represented the final payment for the Pay and Classification Study conducted by TPF&C. It has come to my attention that TPF&C has not received remittance for this invoice. Perhaps the statement was inadvertently misplaced, and if so, I would expect payment within the next 30 days. If, however, the County has chosen to withhold payment of our bill, I would like to discuss this matter further with you and/or an appropriate representative to determine the cause of this delay. Thank you for your attention to -this matter. Ve truly yours, Andrea S. Deeb Consultant Commissioner Eggert wished to know why we are holding up that payment. Acting Administrator Collins really did not know the reason. It seems the invoice came in April or May, but he believed the work has been performed. OMB Director Baird explained that the Board refused to act on it the last time, and he is just bringing it back. Commissioner Eggert believed that was because we were con- cerned as to whether or not they should be giving us any further explanation. She asked if staff is satisfied now. OCT 41988 10 BOOK 74 f'Ai:E 407 Acting Administrator Collins informed the Board that we have no further expectations of them, and he felt they should be paid in full. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) approved final payment to TPF6C for the Pay and Classification Study in the amount of $7,605. H. Proclamation - Mental Illness Awareness Week ON MOTION By Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) designated the week of October 2 through October 8, 1988, as Mental Illness Awareness Week. P R O C L A.M A T I O N WHEREAS, one in four families has a member who suffers from a serious mental illness; and WHEREAS, services to the unfortunate victims of mental illness must be maintained and strengthened; and WHEREAS, now there is treatment for people who suffer from anxiety disorders, depression and other mental illnesses, thanks to biomedical research; and WHEREAS, now there is hope for people who suffer from severe mental illnesses such as schizophrenia and depression; and WHEREAS, mentally ill persons occupy more hospital beds than persons suffering from cancer, lung, and heart disease combined; and WHEREAS, serious mental illnesses are "no-fault" brain diseases, and being mentally healthy is as important as being physically fit; OCT 41988 11 BOOK 74 F.,GE 408 NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, Indian River County, Florida that the week of October 2 through October 8, 1988 be designated as ' MENTAL ILLNESS AWARENESS WEEK in Indian River County, Florida; and the Board urges all citizens of Indian River County, Florida to hear this call for action to join the volunteers, staff and supporters of mental health throughout the County. Dated this 4th day of October, 1988 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Gary Wheeler, Vice Chairman SIDEWALK FUND CONTRIBUTION - VERO BEACH HIGHLANDS Julie Washburn, Chairman of the Vero Beach Highlands Sidewalk Committee and concerned mother, came be -fore the Board and presented snapshots of 6th Avenue between the hours of -3:00 and 3:30 P.M. She stressed that the sidewalk is an urgent matter and believed the pictures clearly show that there is very little safety for the children. Mornings are a nightmare with buses and cars and approximately 400 children walking and riding bikes at the same time on a half mile strip of road. Mrs. Washburn then thanked all the contributors who participated in their drive for funds and listed all the various businesses who donated, including General Development Corp. which gave $500 in cash plus their employees' time and use of their facilities. She thanked Public Works Director Davis and the County Commission for their support and presented the Board with a check for $3,082.30 with the hope that the sidewalk would be completed shortly. OCT 41988 12 BOOK 74 FACE 409 l , Vice Chairman Wheeler commended everyone for the effort they have put forth and their public spirit. Commissioner Bird asked how we left this. He believed we asked GDC to come up with a matching contribution and we were going to contact the School Board also. Public Works Director Davis noted that GDC did contribute $500, and the School Board has declined to participate. He informed the Board that we are scheduled to begin pretty soon; we have already staked out the sidewalk, and some owners along the area are relocating some bushes and sprinklers out of the way. The total cost of materials for the complete section between the school and Highlands Drive was estimated to be about $7,000, and the residents have raised $3,000; so, there is a shortfall of $4,000 just for the materials needed to complete the sidewalk. We have the option of stopping the sidewalk prior to reaching Highlands Drive or the county can contribute the remaining funds. Commissioner Bird believed we voted to contribute up $2,500 and ask GDC to contribute a matching $2,500, which combined with the fund raising would have given us the total needed for the project. He appreciated GDC's contribution, but felt they -are getting off very lightly. Mrs. Washburn pointed out that GDC not only contributed $500, but counted as an additional contribution the fact that we made use of their employees for approximately 100 working hours and they covered the insurance for the use of their facilities. She felt that the Vero Highlands residents pay enough taxes to have this sidewalk done and emphasized that we are talking about 400 children being in danger twice a day five times a week. Vice Chairman Wheeler noted that Board is not disputing that; we just had hoped for more from GDC. He did believe the Board wants to move ahead with this. Commissioner Bird felt that we have given our best shot to trying to obtain contributions and that at this point we should come up with the required funds to complete the sidewalk, CT 4 a%8 ILT 13 Bot( 7 ['Au 410 keeping this in mind as we do other projects down there and ask GDC for their support. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Eggert, that the Board come up with the additional funds needed to complete the sidewalk project, or around $4,000. In further discussion, Commissioner Bowman still felt that we should go back to General Development one more time. Commissioner Bird agreed that he will make a phone call to General Development to see if they will increase their contribu- tion, but he stressed that he felt we should move ahead with the project in any event. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). ST. CHRISTOPHER'S BEACH PROPERTY OWNERS ASSOC. - REQUEST FOR R/W ABANDONMENT 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: 14 foo' 74 F',tir,E 411 'OCT 41988 Publ'-‘led Daily Vero Coach. Indian River County. Florida COUNTY OF INDIAN RIVEP STATE OF FLORIDA Before. the undersigned autrtority persona t appeared J. J. Schumann, Jr who on oath says that he is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach in Indian River County. Florida; that the attached copy of advertisement. being in the matter of • in the _ _ ._ __ ___ _.___ .__.. Court. was pub- lished in said newspaper in the issues of 44) /fit Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore been continuously published in said Indian River County, Florida. each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. - Sworn to and subscribed ,-foregie thi�i/�O ay o D 19 a b (SEAL) i C6ustness Manager) (Rini oft y_'lnrida) Notary Public, State of Florida My Commission Expires June 29. 1989 Bonded Thru .Trey Fam - Insurer:e, Inc. NUIICE O$ PUBLIC HEARING Nohr.e of heanr,g to consider a pehhon for me closingabandonment, and vacation of ail of St. Christopher's Lane east of State Road A -1-A. Lying and being ,r. Indian Rivrrr Courrr rlonda, more particularly described as follows Beginning at the Southwest corner of Lot 12. as shown on the plat of St. Chns- topher Beach. recorded in Plat Book 3, Page 45 of the Public Records of Indian River County. and run Easterly, along the Northerly line of St. Christopher Lane, 700 feet to the South- east corner of Lot 4 as shown on the said plat. Then run Northwesterly, along the line between Lots 2 and 4 as shown on the said map, 5 feet more or less to a point lying 30 feet Northerly of and normal to the cen- terline of St. Christopher Lane. Then run Easterly, parallel with the centerline of the said Lane 60 feet to a point. Then run Southeasterly, parallel with the line be- tween Lots 1 and 2, 60 feet more or less to a point 30 feet Southerly of and nor- mal to the centerline of the said Lane. Then run Westerly, parallel with the said center- line, 60 feet to a point tying in the line. between Lots 1 and 3 on the aforesaid plat. Then run Northwesterly, along the said Line, 5 feat more or less to the Southerly line of the said Lane, the Northeast corner, of Lot 3. Then run Westerly, along the said Southerly line. 700 feet to the Northwest corner of Lot 11 on the said plat Then run • Northvly 50 feet more or teas to the Southwest comer of Lot 12, the POINT OF BEGINNING. L ng and being in Indian River County, • A public hearing at which partes fit Interest and citizens shall have an oftwilty to be heard, will be held by the of County Com- missioners of Indian River County, Florida In the County Comof the mission atBuilding,to at 840 Street, Vero Beach, Florida, on Tuesday, Octo- ber 4, 1888 at 9:05 a.m. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings la made which Includes the testimony and evi- dence upon which the wIll be based. _ INDIAN RIVER BOARD OF COUNTY COMMISSIONERS By -s -Don C. Scurlock, Jr. Chairman September 14, 1988 - Acting Administrator Collins reviewed the following memo: ICT 41988 15 BOOK 74 DU 412 TO: Bill Collins II Acting County Administrator DIVISION HEAD CONCURRENCE: er M. Keati g, AI Community Devel•pmen Director THROUGH: Stan Boling, AICP-4•/3. Chief, Current Development FROM: John W. McCo vtri Staff Planner, Current Development DATE: September 21, 1988 SUBJECT: ST CHRISTOPHER'S BEACH PROPERTY OWNERS ASSOCIATION'S REQUEST FOR RIGHT-OF-WAY ABANDONMENT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 1988. LOCATION AND DESCRIPTION: The St. Christopher Beach Property Owner's Association, Inc. has submitted a petition for abandonment of all of St. Christopher Lane east of A -1-A. Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment, with the provision that the entire right-of-way be retained as a drainage and utilities easement. This portion of St. Christopher Lane is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thorough- fare system. Presently this right-of-way provides access to 12 lots in St. Christopher's Beach subdivision. The residents of St. Christopher Beach subdivision have had the general public use their street for beach parking. The residents are requesting to make this road private and eliminate the use of their street -by the general public. The right-of-way will be abandoned to a property owners' associa- tion. The abandonment of this right-of-way will not limit the access of property owners to their homes, nor will it preclude beach access by residents of other subdivisions in the area, who have a legal right established by a common developer through recorded property owner's documents. The County Attorney's office has reviewed the articles of incorporation for St. Christopher's Beach Property Owner's Association, Inc., and has verified that these documents will provide for the necessary maintenance and upkeep of the right-of-way, once the right-of-way is abandoned and "taken over" by the association. Thus, the function of roadway will not change; only the maintenance, upkeep responsibilities and the property owner's rights to restrict public access will change.; RECOMMENDATION: Staff recommends that the County abandon its rights to St. Christppher's Lane and that the Chairman of the Board of County Commissioners be authorized to execute the attached resolution (Attachment #3), with the condition: 1. that drainage and utilities easements be retained over all of the subject right-of-way. OCT 41988 16 EkOOK 74 ME 413 Acting Administrator Collins informed the Board that approx- imately a year or so ago, Public Works Director Davis brought a petition paving project for the subject property to the Board because he was concerned about bringing his grader over the Causeway Bridge to grade a dirt road. The Property Owners Association then contacted us about a problem they had been having with people parking in their front yards because of the beach access which is dedicated to the residents. We, therefore, came up with the idea of abandoning the public R/W, and all 12 residents have entered into an agreement whereby they would convey their portion of the road to the Property Owners _ Association, which would have the express power to maintain and make assessments for the maintenance of the road. Mr. Collins believed they are also thinking about some kind of a security gate and have assured the people living on the west side of SR A -1-A they still would have -access. Commissioner Bowman inquired about who paid for the dune cross-over, and Mario Maiorana, Vice President of the St. Christopher Beach Home Owner's Association, advi-sed that the dune cross-over was paid for and ultimately maintained by the 12 property owners living on St. Christopher's Lane on the east side of A -1-A. Vice Chairman Wheeler asked about easements for drainage and utilities, and the Acting Administrator confirmed that an easement is being retained so that the county be able to get in there and take care of any drainage or utility problems. Commissioner Bowman was concerned about the R/W being main- tained for access by fire trucks. Director Davis noted that it would be the same as any other private road in the county, and Attorney Vitunac pointed out that public safety vehicles come on such roads by invitation. Commissioner Bird wished to know how this abandonment would affect the ability of the residents of St. Christopher's Harbor to use that access to the beach. 17 OCT 41988 BOOF 74 FALE 414 Acting Administrator Collins stated that it would not affect that at all, and Mr. Maiorana assured the Board that it is the intention of the Property Owner's Association only to protect the property owners' rights to maintain the property as they would like to. They do not have any intention of doing anyone out of their rights to access the beach if they have those rights in their deeds. Vice Chairman Wheeler asked if anyone wished to be heard. There were none, and he thereupon declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, Chairman Scurlock being absent, the Board unanimously (4-0) adopted Resolution 88-96 abandoning all of St. Christopher's Lane east of A -1-A. RESOLUTION NO. 88 - 96 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF ALL OF ST. CHRISTOPHER'S LANE EAST OF A -1-A. - WHEREAS, on March 28, 1988, the County received a duly executed and documented petition from the St. Christopher's Beach Property Owners' Association, Inc. of Vero Beach, Florida, requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to St. Christopher's Lane as depicted in the plat of St. Chris- topher's Beach Subdivision Plat Book 3 page 45 lying and being in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes 5336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after consideration of .the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly described as: BEGIN AT THE SOUTHWEST CORNER OF LOT 12, AS SHOWN ON THE PLAT OF ST. CHRISTOPHER BEACH, RECORDED IN PLAT BOOK 3, PAGE 45 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, AND RUN. 18 ► CI 4'1988 BOOK 74 PAH 415 EASTERLY,. ALONG THE NORTHERLY LINE OF ST. CHRISTOPHER LANE, 700 FEET TO THE SOUTHEAST CORNER OF LOT 4 AS SHOWN ON THE SAID PLAT. THEN RUN NORTHWESTERLY, ALONG THE LINE BETWEEN LOTS 2 AND 4 AS SHOWN ON THE SAID MAP, FIVE FEET MORE OR LESS TO A POINT LYING 30 FEET NORTHERLY OF AND NORMAL TO THE CENTERLINE OF ST. CHRISTOPHER LANE. THEN RUN EASTERLY, PARALLEL WITH THE CENTERLINE OF THE SAID LANE 60 FEET TO.A POINT. THEN RUN SOUTHEASTERLY, PARALLEL WITH THE LINE BETWEEN LOTS 1 AND 2, 60 FEET MORE OR LESS TO A POINT 30 FEET SOUTHERLY OF AND NORMAL TO THE CENTERLINE OF THE SAID LANE. THEN RUN WESTERLY, PARALLEL WITH THE SAID CENTERLINE, 60 FEET TO A POINT LYING IN THE LINE BETWEEN LOTS 1 AND 3 ON THE AFORESAID PLAT. THEN RUN NORTHWESTERLY, ALONG THE SAID LINE, FIVE FEET MORE OR LESS TO THE SOUTHERLY LINE OF THE SAID LANE, THE NORTHEAST CORNER OF LOT 3. THEN RUN WESTERLY, ALONG THE SAID TO THE NORTHWEST CORNER OF THEN RUN NORTHWESTERLY 50 FEET SOUTHWEST CORNER OF LOT 12, SOUTHERLY LOT 11 ON MORE OR THE POINT LINE, 700 FEET THE SAID PLAT. LESS TO THE OF BEGINNING. LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that the entire right-of-way be retained as a drainage and utilities easement, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statues S336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird , and upon being put to a vote, the vote was as follows: and Chairman Don C. Scurlock, Jr. Vice -Chairman Gary C. Wheeler Commissioner Richard N. Bird Commissioner Carolyn R. Eggert Commissioner Margaret C. Bowman The Chairman thereupon declared adopted this 4th day of October Absent Aye Aye Aye Aye the resolution duly passed , 1988. OCT 41988 BOARD OF COUNTY COMMISSIONERS OF INDI}1N RIVER COUNTY, FLORIDA BY: Gary C Board 19 heeler, Vice Chairman f County Commissioners ROOK 74 Fa,E 416 s PROPOSED ORDINANCE - FIRE DETECTION & SUPPRESSION SYSTEMS CODE 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 matter of `.'%!i in the _ _ Court, was pub- - Iished in said newspaper in the issues of <c /0`? Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribeefoday of (SEAL) NOTICE The Board of County Commissioners of Indian hereby es notice of River Coupe. Florida, gscheduled provides A.M. on T esday, Hearing fed Tuesday. October 4, 1988, to discuss a,pror posed ordinance entitled: ORDINANCE OF INDIAN RIVER COUNTY' i ON AND I . FIRE SUPPRESSION N SPTING YSTEMS CRE ODE FOR ALL r INDIAN RIVER COUNTY.to appeal any need 1 whichwho may which may be made at this meeting ensure that a verbatim record of the proceedr i Ings is made, which includes testimony dente upon which the appeal 1 September 18,1988 •,gist'- 4, County Attorney Vitunac explained that the Fire Chief has requested this as an answer to the false alarm problems he has been having with fire detection systems, and this would require anyone with such a system to have it checked once a year. Commissioner Eggert noted that this says they will be punished according to the law and wished to know just what the law says. County Attorney Vitunac explained that violation of a county ordinance would be the generic fine of $500 or 60 days in jail. There is no false alarm penalty. If someone hasn't had his OCT 1988 20 Poor 74 FAL 417 detection system checked annually, he is in violation of the law. However, no one has ever been put in jail for this. Commissioner Eggert understood that in the City of Vero Beach part of the trouble with false alarming was carelessness, but, of course, that still brings the emergency services out in response if the property owner doesn't get to the phone in time to stop them. Attorney Vitunac advised that Chief Allen hoped this would cut down on the problem and said if it didn't, he would come back in a year or so with a different ordinance. Some counties have a charge of $50 per false alarms, but he didn't want to get into that. Vice Chairman Wheeler wondered how many false alarms there are in a year and also what the cost is to have these systems inspected annually as he felt it might be cheaper to pay the fine for a false alarm. The Board had other questions, and discussion ensued in regard to tabling further discussion until Chief Allen could be present. Commissioner Bird commented that as he reads this ordinance, it seems to pertain more to systems functioning properly, and he wondered how we got to the false alarms. Attorney Vitunac felt that one of the main reasons for false alarms is systems that don't function properly. Chief Alien arrived at the meeting, and Vice Chairman Wheeler questioned him as to the numbers of false alarms they receive due to faulty systems. Chief Allen advised that they are running about 25-30 false alarms a month. Sometimes lightning will cause them, but the great majority are caused by malfunctioning alarm systems. This ordinance was proposed as an easier way to try to resolve these problems rather than coming up with an ordinance requiring people to be fined so much per false alarm. 1CT 41988 21 tloor 74 F'r E 418 Vice Chairman Wheeler wished to know how much an annual inspection would cost and who would perform it. Chief Allen believed that once someone spends the money to put the system in, the inspection is a very small cost factor. Discussion continued at length in regard to the cost of annual inspection, and Chief Allen pointed out that we are getting more and more systems out there, and if we don't have some way to see they are maintained, our problem with false alarms will continue to increase. Commissioner Bird felt the ordinance should target in on punishing the people who have the defective systems rather than punishing all the people who do have good working systems by making them go through an annual inspection and pay a fee. Vice Chairman Wheeler agreed that the people who are causing the problem should pay, not the people who are taking care of their systems. Chief Allen noted that there could be a provision setting an amount you have to pay if you have over three false alarms within a certain period of time, and Attorney Vitunac suggested that we could redraft the ordinance to say that on the occurrence of any false alarms, they would have to have their system inspected by the people in Sec. 633 of Fla. Statutes. OMB Director Baird informed the Board that he is contacting a county that has addressed false alarms in order to get more information on this problem. He felt if the Board addresses this particular area, they should address it across the board and took at all the user fees affiliated with fire protection. Commissioner Eggert asked if we could table this matter until we get more information, including information on the cost of inspecting an average system. Chief Allen stressed that if we do that, we still need to keep in place the requirements for built-in sprinkler systems and other fire suppression systems, and it was pointed out that was covered under state and federal law. 22 OCT 41988 tloor 74 F!,,.E 419 Commissioner Bird commented that if we are going to delay action on this ordinance, he would like to see it redrafted to be more punitive on those systems which are are causing the problem and possibly there should be some cumulative type thing, i.e., on the first false alarm, inspection of the system would be required; on the second false alarm, inspection and a fine, etc. Commissioner Bowman noted that you can't fine someone if lightning affects their system. She wished to know if Chief Allen felt that state standards are high enough, and the Chief felt they are adequate. Attorney Vitunac suggested that action on the ordinance be tabled and that it be brought back with another advertisement. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) tabled action on the proposed ordinance and directed that it be re - advertised and brought back with further information and changes as discussed. Bid #464 - PUBLIC WARNING SYSTEM FOR EMERGENCY MANAGEMENT Acting Administrator Collins reviewed the following memo, noting that the Emergency Management Director will address the minor exception: CT 41988 23 P00K 74 D,E 420 TO: William G. Collins II Acting County Administrator DATE: September 22, 1988 FILE: SUBJECT: AWARD OF IRC BID#464 PUBLIC WARNING SYSTEM FOR EMERGENCY MEND' FRO REFERENCES: Gus Ambler, C.P.M.' Purchasing Manager sit 1. DESCRIPTION AND CONDITIONS: ,5J > xn� }tR. i vfv � lv Bids were received Wednesday, Sept. 21, 1988 at 2P.M. 1. for IRC Bid#464. o4f4,606tmu \o"). • 40 Invitations were mailed out and 7 responses were received including 6 No Bids. This bid was advertised in the newspaper. 2. ALTERNATIVES AND ANALYSIS: The low and only bid was received_frau Cadco Inc., at _ $9645.00. They have taken minor exceptions to our specifications (attachment), which staff believes should be waived. The bid register for this bid was canposed from suggestions frau the Emergency Mgcnt Department, all known local Communications Companies and listings from the Thomas Register. Purchasing and the Emergency Management Department do not know of any additional vendors that could bid on this system. It is unlikely that rebidding would result in additional ccanpetition. 3. FUNDING: A Budget approved requisition has been received by the Purchasing Department. 4.RECOMMENDATION: Staff recommends that we accept the bid from Cadco Inc., waive the minor exceptions and proceed to purchase this equipment. Vice Chairman Wheeler believed we are having more and more bids where they take exceptions and fewer people bid, and he felt we may be putting too much in the specifications. Director Wright explained that this is really unusual equipment that we are putting in on Falcon Cablevision in the Sebastian area to be able to access that system from anywhere in this county or in the state with a touch-tone telephone to activate a verbal warning to everyone on that cable system should CT 41988 24 BOOK 74 PAGE 421 the need arise. There are not many companies that make this equipment. Cadco took four exceptions to the specs, but they were minor. We asked for a full one year warranty, and they are giving us two. We asked for underwriter's laboratory approval, and they have it on the components but not the unit as a whole; however, these units are in use throughout the country. We asked for a trunking switch on the synthesizer, and they just asked us to identify which option we want. The last item we asked for, the equipment has been improved to where we don't need to use that any more. Commissioner Eggert asked if we got so few bids because this is such a unique piece of equipment, and Director Wright advised that he gave Purchasing Manager Ambler the name of one or two others in the country that make this equipment, but apparently they just chose not to bid. Vice Chairman Wheeler continued to emphasize that he did not want to lock anyone out from bidding simply because they feel the specs are too detailed and then have someone else bid and ask for waivers. - Purchasing Manager Ambler informed the Board that he tries hard to review the specs before they go out to eliminate areas where it is apparent we may be restrictive. In this particular case, he has to rely heavily on the experience of the Director of Emergency Management. The Vice Chairman noted that he is not necessarily singling out this particular instance, and Purchasing Manager Ambler pointed out that our general specs tell the bidder that if they are taking an exception, they should note it in their bid. He encourages them to submit bids, and then if their exceptions are not something we can live with, we would reject the bid. OCT 41988 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) waived the minor exceptions, awarded Bid #464 for a Public Warning System 25 BOOK 74 PACE 422 for Emergency Management to the low and only bidder, Cadco, inc., in the amount of $9645, and approved Budget Amendment #001 for the purchase of said equipment. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Directo SUBJECT: BUDGET AMENDMENT NUMBER: GO1. DATE: Saber 27 19Ra Entry Number Funds/Department/Account Name itqcptmt)lulabpr._.,.._Increase Decrease 1. REVENUE GENERAL FUNPJCash Forward 001-000-389-040.00 $9.1445.00 S 0 EXPENSE GENERAL FUND/EMERGENCY MGMT. Communication Egpipment-A11 001-208-525-066.45 59.645.00 S 0 AUTHORIZATION FOR SALE OF SURPLUS REAL ESTATE Acting Administrator Collins reviewed the following: TO: Board of County CommissionersDATE: September 28, 1988 FILE: SUBJECT: AUTHORIZATION FOR SALE OF SURPLUS REAL ESTATE William C. Collins 1I FROM: Acting County Administrator REFERENCES: The County has surplus real estate at the northeast corner of 8th Street and 27th Avenue. I request that the Board declare this property surplus and authorize sale to, the highest bidder pursuant to FS 125.35 with a minimum acceptable bid of $50,095. Acting Administrator Collins explained that we needed approximately 4' of R/W to widen the intersection and put in a signal and left turn lane. We also needed a 3' aerial easement to move the FP&L pole out of the R/W, and that resulted in the wires being too close to the house. The person living there had a heart condition, and the county decided to go ahead and buy the LOCT 4 1988 26 ooK 74 PAGE 423 entire lot. At this point we have the R/W we need, but we don't have any particular use for the property. Commissioner Eggert appreciated the fact that we are not in the rental business, but wished to know if something is being done with the house on this property, and R/W Agent Finney advised that the County cleaned up the property to make it look more presentable. It has not been rented. Acting Administrator Collins expressed concern about the county getting into administration of a rental program. Commissioner Bowman asked if she understood that we are reserving only 4' of R/W there, and Public Works Director Davis explained that is about all that is practical; the house is very close to the 4' R/W line on 8th Street. Actually the reason we bought the property is that the previous owner felt once we did the road widening, it would render the house useless. Discussion ensued about the size of the lot, and R/W Agent Finney advised that the lot had 90' frontage on 27th Ave. by 145' deep on 8th Street and subtracting the 4' R/W on 8th Street would make it 86' x 145'. The Board questioned whether we realistically could get $50,000 for this property, and Mr. Finney noted that the county is not looking to make a profit but just looking to recoup our money. The property was appraised in 1987 at $54,000, and the 4' R/W and 3' aerial easement made it roughly $5,000 Tess. Director Davis noted that if we can't get that amount for it, they will bring whatever bid is submitted to the Board for their consideration. Discussion continued re the setback, and it was noted that while the house is very close to the R/W on 8th Street, it has a 25-30' setback on 27th Avenue. OCT 41988 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) declared 27 800K 74 FASE 424 the county property at the northeast corner of 8th St. and 27th Ave. surplus and authorized staff to proceed with the bidding process and set a minimum bid of $50,095. RIGHT OF WAY SETTLEMENT - 4TH ST. AT OLD DIXIE HIGHWAY Acting Administrator Collins reviewed the following: TO: Board of County Commissioners DATE: September 28, 1988 FELE: SUBJECT: RIGHT OF WAY SETTLEMENT - 4TH STREET AT OLD DIXIE HIGHWAY William G. Collins II FROM: Acting County Administrator REFERENCES: The Board has authorized condemnation of the Jaholkowski property at Lith Street and Old Dixie for widening of the intersection. The legal papers are prepared to file. However, Right-of-way Acquisition Agent Donald Finney has continued negotiations with Mr. Jaholkowski. A compromise settlement offer of $15,933 has been - arrived at. Mr. Jaholkowski has also requested that with no trees and no curb, he would like a guard rail on the corner of Old Dixie and 4th Street to protect his remaining property. Settlement will avoid a court suit along with the attendant appraisal fees and legal fees which the County would be required to pay on behalf of both parties. RECOMMENDATION I recommend the Board of County Commissioners approve the settlement outlined above. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) approved settlement with Mr. Jaholkowski as recommended by staff and as described above. OCT 41988 2 8 I1OOK 4 E 425 JAIL PHASE II - ELECTRONIC CONTROL BOARD Acting Administrator Collins reviewed memo from Mr. Dean: DATE: TO: BOARD OF COUNTY COMMI IONERS 111 FROM: H. T. "SONNY" DEAN 41 OWNER'S AUTHORIZE' ..PR .ENTATIVE SEPTEMBER 19, 1988 SUBJECT: INDIAN RIVER COUNTY J• IL - PHASE II ELECTRONIC CONTROL BOARD BACKGROUND There have been continuous documented problems with the subject equipment. After several months of complaints and "bandaid" repair to the electronic boards, Electronic Control Security, Inc. (ECSI) the subcontractor that constructed and installed the equipment,- has come up with a plan to eliminate the problems. ANALYSIS Due to the problems experienced with the incandescent indicator light bulbs in Phase I of the project we requested a price to convert the bulbs to LIGHT EMITTING DIODES (LED'S). These LED's have a life expectancy from 25 to 50 years as compared -to 1,000 hours for the conventional type. ECSI quoted a price of $10,000 for the conversion. - ESCI has submitted a cost estimate to expedite the system that could include the LED's for $9,914.28. They suggested the County pay a prorata share of $6,500.00 to accomplish the task. It is my contention that the equipment has never performed as required and the County is not responsible for any cost of modifications. However, since we feel the LED's will result in a long term cost savings to the County and should be paid for, the architect along with staff have negotiated a price of $3,995.00 to complete the LED conversion. RECOMMENDATION Staff recommends the Board authorize the issuance of a Indian River County Purchase Order of $3,995.00 for work by ECSI to convert the indicator lights to LED's. The Budget Office has confirmed enough monies left in the construction budget to finance this project. Commissioner Bird asked if Mr. Dean felt that $3,995 is a reasonable price to pay for the upgrade, and Mr. Dean confirmed that he felt it is a good deal. He advised that they came down a great deal', and it would be a long time savings. He estimated payback would be in 1-11 years. 29 !OCT 41988 [kooF 74 F,KF 426 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) authorized issuance of a Purchase Order to Electronic Control Security, Inc. in the amount of $3,995 for work to convert the indicator lights on the Jail Phase II Electronic Control Board to LEDs. CONTRACT W/CONTEL TO PROVIDE NOAA WEATHER WIRE SERVICE Emergency Management Director Wright reviewed the following memo: TO: William Collins DATE: September 26, 1988 FILE: Acting County Administrator SUBJECT: Approval of Contract with Contel to provide NOAA Weather Wire Service FROM: Doug Wright, Director REFERENCES: Emergency Management Services It is respectfully requested that the information provided herein be given formal consideration by the Board of County Commissioners at the regular meeting scheduled for October 11, 1988. DESCRIPTION AND CONDITIONS The National Oceanic and Atmospheric Administration has contracted with Contel to be the official provider of the new upgraded NOAA Weather Wire state-of-the-art satellite wire service. User terminals on the new Weather Wire Service will replace the present teletype service. Terminal equipment includes a small receive -only micro earth station (a 30 -inch diameter antenna, low -noise amplifier and a controller) plus a selector device. The new system collects data from all the Weather Service Forecast Offices (WSFO's) throughout the United States. This enormous collec- tion of information is processed to remove duplicate data and is then transmitted to a satellite and broadcast to all user terminals. The Indian River County Department of Emergency Management Services currently leases equipment from AT&T (hardware/printer) and data circuits to receive information on a teletype system. Use of the upgraded micro earth station will preclude having to pay the data circuit charges on a recurring basis. OCT 4199 30 Boor 74 FA F427 ALTERNATIVES AND ANALYSIS Contel and Satellite Information Services Corporation also offers enhanced weather services to users in WeatherStream 2000. This is a data stream which allows access to the widest variety of the National Weather Service generated weather products on the market today. The WeatherStream 2000 provides charts, data and additional products not distributed on the Weather Wire utilizing personal computer type equipment. Contel offers a purchase or lease plan. It appears that the Weather - Stream 2000 Lease Plan would be the best approach for the County. The recurring fees would amount to approximately $311.00 per month with a one time charge for installation. The Department of Emergency Management Services currently is paying the same amount for the teletype only service. The enhanced service would provide color charts as well as data for the similar price. The minimum service period is one year, however, prices can be frozen at current rates if a five year contract is executed. RECOMMENDATION Staff recommends that a contract be executed with Contel to provide Indian River County with the new, updated NOAA Weather Wire Service including the WeatherStream 2000 cost-efficient satellite commun- ications technology. Staff also recommends that the current contract with AT&T be cancelled relating to data circuits per provisions of the referenced contract and the Board of County Commissioners authorize the Chairman to execute the required documents to accomp- lish the new service as well as terminating existing services. The lease plan is recommended with either one or two data services as is determined to provide the most service for the minimum of cost. Commissioner Eggert wished to know if there is a way to get out of the 5 year contract if it werefound this- isn't what we expected it to be. Acting Administrator Collins did not think so, but felt the Board should be happy and know what they want before they get into this contract. Vice Chairman Wheeler believed that satellite weather service is a thing of the future, and there is a chance it may decrease in price over the next five years. He wished to know if there is any provision we could put in the contract about adjusting the charge if the prices come down. Acting Administrator Collins noted that any contract is negotiable. His experience, however, is that the larger company you are dealing with, the less willing they are to modify their standard forms. He further noted that actually we are arguing for it both ways; we are saying we want to lock in the low price 31 QCT 4 1988 800K 74 FAGE 428 and also be given the advantage of any lower price that may occur in the future, but we could try to do that if the Board wished. Emergency Management Director Wright advised that he did not have a problem going with the shorter term; he was just looking at it from an economic standpoint. He pointed out, however, that NOAA has given Conte! the exclusive right to be the provider of this service. He also noted that he already has funds budgeted for the other service which is costing a similar amount of money. Vice Chairman Wheeler wished to know if we would have unlimited use of the service, and Director Wright confirmed that it is available 24 hours a day. Commissioner Bowman asked about a service charge. Director Wright noted that we have a warranty period, and Acting Administrator Collins stated that if we go with the lease plan, they provide the maintenance. Commissioner Bird asked if this system would provide some information not presently available through the National Weather Service and Director Wright confirmed that it will. With this system, we will get printouts of the actual storm location, its predicted path of travel, colored graphs, etc. - ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) authorized terminating the existing weather information services leased from AT&T and approved execution of a contract with Conte! to provide the updated NOAA Weather Wire Service under the Weather Stream 2000 Lease Plan for five years with the note that if there is any way we can take advantage of a possible lower future cost, that would be fine. SAID CONTRACT WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED. OCT 41988 L 3 2 BOOK 74 PAGE 429 AGREEMENT W/DCA FOR FUNDING TO DEVELOP A HAZARDOUS MATERIALS (TITLE III) PLAN FOR INDIAN RIVER COUNTY The Board reviewed memo from the Director of Emergency Management: TO:William Collins DATE: September 26,1988 FILE: Acting County Administrator Approval of Agreement with the Department of Community Affairs SUBJECT: for Funding to Develop a Hazardous Materials (Title III) Plan for Indian River County Title III of the Superfund _ Amendments and Reauthorization Act of 1986; and Florida Haz- FROM: Doug Wright, Director:ardous Materials Emergency REFERENCES. Res Response and Community Right - Emergency h Emergency Management Services p y g t - to -Know Act of 1988, Chapter 88-200. Laws of Florida It is requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular meeting. DESCRIPTION AND CONDITIONS On October 17, 1986, the "Superfund Amendments and Reauthorization Act of 1986°(SARA) was enacted into law. One part of the new SARA provisions is Title III: the Emergency Planning and Community Right - to -Know Act of 1986. Title III establishes requirements for Federal, State, and local governments and industry regarding emergency planning and 'community right -to -know' reporting on hazardous and toxic chemi- cals. The Federal legislation was passed into law without any funding to state or local governments for implementation. Per the law, the State of Florida appointed a State Emergency Response Commission who in turn appointed members of District 10 Local Emergency Planning Committee. The State Emergency Response Commission determined that the LEPC's should follow the boundaries of the respective Regional Planning Coun- cil in each area of the State. The State Emergency Response Com- mission recommended to the Florida Legislature of needed legislation which resulted in passage this year of the landmark state law known as the Florida Hazardous Materials Emergency Response and Community Right -to -Know Act of 1988, Chapter 88-200, Laws of Florida. The legislation provides for fees to be assessed from the chemical industry doing business in the State of Florida to fund the efforts of Emergency Management staff in each county to prepare and complete the Hazardous Materials Response Plan as an additional component of the Comprehensive Emergency Management Plan (CEMP). An agreement has been received from the Department of Community Affairs allocating the sum of $8,064.00 to be utilized for development of the referenced plan. ALTERNATIVES AND ANALYSIS The State Emergency Response Commission, with assistance from the District 10 Local Emergency Planning Committee has adopted a prototype or demonstration plan to be utilized on a state wide basis. Each OCT 41988 33 BOOK 74 PAGE 4.30 site in Indian River County that maintains threshold levels of chem- icals identified in the legislation will be visited for a determination of hazards and vulnerability analysis including information that could adversely affect the surrounding area or an emergency responder at the respective site. Evacuation routes will also be determined as well as calculations to determine extent of areas affected by a poten- tial spill or release. The Agreement from the Department of Community Affairs is a fixed fee, performance-based contract, with a schedule of deliverables com- prised of three payment points. The major work product, the Hazardous Materials (Title III) Plan is to be completed and sent to the Local Emergency Planning Committee by March 1, 1989. This will require a maximum effort on the part of the staff of the Department of Emergency Management Services. The plan will be com- pleted in a timely manner with the final result being a very useful rand important document. The funding is anticipated to be utilized for an additional computer with the balance of the funds being used to pay for personnel costs for overtime associated with developing site specific information for the plan. RECOMMENDATION Staff recommends approval of the Agreement with the -Department of Community Affairs wherein a Hazardous Materials (Title III) Plan will be developed for the allocation of $8,064.00. It is requested that the Board of County Commissioners approve the purchase of an addi- tional computer system for storage and retrieval of the data related to this plan with the balance of the funds to be used for costs related to overtime for staff site visits and materials cost. Staff also recommends that the Board of County Commissioners grant approval for the Department of Emergency Management Services to proceed to fillthe prior approved positions of Deputy Director and Fire Inspect- or within thirty (30) days to assist in the endeavor since the task will be enormous and time is of the essence. Staff requests that the Board of County Commissioners authorize the Chairman to execute the requirements to receive the funding noted. Commissioner Eggert asked for an update on the contract for removal of hazardous wastes. She believed the Board had approved it and wondered what happened because she understood there was some problem. Attorney Vitunac believed the contract is legal as it is now, and advised that Attorney Brennan is working with Mr. Dean and Mr. Pinto to confirm that. He pointed out that his office only comments on legal issues; if there is a policy matter of one company over another, that is up to the Utility Department and the Board. Commissioner Bowman commented that although it may be legal, to her mind it may be faulty for insufficiency, and Attorney OCT 4198 34 8o0K 4 PACE 431 Vitunac stated that if the Board wants further protection that would be a policy matter. Commissioners Bowman and Eggert both still had some concerns. Commissioner Eggert apologized for straying from the consideration of the Hazardous Materials (Title III) Plan. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) approved Agreement with the DCA for funding to develop a Hazardous Materials (Title III) Plan for the county; authorized the Chairman to execute the documents required to receive said funding; and approved staff recommendation as set out above. PARTIALLY SIGNED COPY OF SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. LAND MANAGEMENT PLAN FOR NORTH BEACH COMPLEX Public Works Director Davis made the staff presentation: 35 OCT 1988 800K 74 F,1 E 432 TO: FROM: SUBJECT: DATE: September 22, 1988 William G. Collins II Acting County Administrator James W. Davis, P.E., c-� Public Works Director Land Management Plan for North Beach Complex Indian River County, Florida DESCRIPTION AND CONDITIONS As a condition of the Sublease Agreement between the State of Florida Department of Natural Resources and Indian River County, dated September 7, 1988, the Land Management Plan for the North Beach Complex Site (77.62 acres of land lying east and west of SR A1A approximately 2.5 miles north of CR510 and containing 4,515 lineal feet of beach frontage) has been prepared by the Public Works Department staff and is ready• for transmittal to the State of Florida DNR. The Plan provides for the development of a recreation area containing the following: Phase 1 - 2 highway property accesses - east of A1A 2 highway property accesses - west of A1A 180 parking spaces (10 RV/trailer) -east of A1A 15 parking spaces --west of A1A 2 restroom buildings 2 dune crossings - 1 concession building 1 campground check-in/park ranger quarters building - 1 lifeguard tower - 1 volleyball net - 11 Picnic Shelters Phase 2 - 30 campsites - 80 parking spaces 2 dune crossings 2 volleyball nets 15 picnic shelters 2 highway property accesses east of AlA 1 highway property access west of A1A The project cost is estimated to be approximately $1,370,000. The Parks and Recreation Committee approved the Management Plan on Sept. 8, 1988 after public input. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative 1 - Approve the plan and transmit a copy to the DNR Division of Recreation and Parks. Alternative 2 - Request staff to amend plan. RECOMMENDATION AND FUNDING It is recommended that the plan be approved and transmitted to DNR (Alternative 1). Copy of Management Plan is on'file in BCC office. OCT 41988 36 ?o;aF F E 433 Director Davis advised that college student Tom Ruge from Georgia Tech worked with staff over the summer preparing this plan. There were many aspects of the plan, and it involved a lot of work dealing with the environmental and historical considera- tions, artifacts, etc. He emphasized that this is a management plan, not a site plan nor a detailed construction plan, and the main emphasis is an oceanfront recreation facility providing beach access for residents of the county. Commissioner Eggert expressed concern about any parking that might require people to cross A -1-A. Commissioner Bird believed that Director Davis and the young man from Georgia Tech are to be commended on the plan. He noted that we are trying to leave as much open space and natural vegetation as we can and yet provide access to the beach and a minimal amount of the facilities the public would expect. This plan can be expanded in the -future if needed, and Commissioner Bird felt it is a good blend between nature and making facilities available to the public. Commissioner Bowman hoped that if it is planned to allow RVs and campsites, etc., that there will be a charge, and this was confirmed. Acting Administrator Collins also wished to compliment Director Davis and informed the Board that the plan was completed about 10 months ahead of the DNR schedule. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) approved the Land Management Plan for North Beach Complex and authorized that it be transmitted to the DNR. COPY OF SAID PLAN IS ON FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS. 37 OCT 41988 BOOK 74 PA riE 434 Commissioner Eggert noted that this is a 5 year plan while some of our others are 20 year plans, and Director Davis explained that this is one element of the 20 year plan. Commissioner Eggert expressed the hope that we could develop this as passively as possible and that we are not required to have everything there all at one time. Director Davis noted that we are committed to open the property up for public access in 5 years, but we are not committed to implementing this whole plan in 5 years. He hoped that we could phase this into 3 or 4 projects and possibly apply for $150,000 in each phase. Commissioner Bird reported that the state is considering the purchase of a tremendous stretch of property under the C.A.R.L. Program. He felt it is admirable to acquire as much oceanfront as possible, but pointed out that this could have a large economic effect on the county. He, therefore, felt it would be wise to monitor what is being planned. Acting Administrator Collins agreed; he informed the Board that we have had some offers of property from beachfront owners which may tie some of these pieces together, and he felt it would be wise to have some graphs on which we could locate these and view them in relation to our existing sites and to the proposed C.A.R.L. properties. Commissioner Bowman believed the state is interested in these properties because of the turtle nesting area and because of the coastal hammock. Director Davis brought up the possible impact of the development of the Town of Orchid on our park system, and he felt any future development in this area should pay some contribution to opening up this property for beach access. OCT 41988 38 BOOK 74 MME 435 SELECTION OF CONSULTANT AND PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR VARIOUS COUNTY ROAD & INTERSECTION IMPROVEMENTS Director Davis reviewed the following: TO: THROUGH: SUBJECT: William G. Collins II Acting County Administrator James D. White,P.E. Capital Projects Manager, James W. Davis, P.E. d(,v Public Works Directo Selection of Consultant and Professional Engineering Services Agreement for Various County Road and Intersection Improvements DATED: September 26, 1988 DESCRIPTION AND CONDITIONS Staff has advertised for Statements of Qualifications and Letters of Interest from qualified consultants, reviewed those qualifications, short listed three firms and conducted interviews of these firms. The resultant ranking of the firms is 1. Kimley Horn Inc. - Vero Beach 2. Gee & Jensen - Stuart 3. Marshall McCully with FLD & E Joint Venture The services consist of engineering analysis and design of the following projects: Part 1 Special Assessment Paving a) Walker Avenue (26th Street) from 66th Ave west to Village Green Phase II - approximately 0.50 miles b) Cherry Lane (33rd Street) from 58th Avenue to 66th Avenue - approximately 1.0 miles c) R.D. Carter Road (1st Street SW) from Kings Highway (58th Ave) to Monroe Road (66th Ave) approximately 1.0 miles Part 2 a) Improve, signalize and upgrade intersection of CR510 at A -1-A. b) Widen from two lanes to five lanes Kings Highway from SR60 south to 12th Street, approximately 1.0 miles ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative #1 Authorize staff to negotiate contract terms with the highest ranked firm. OCT 41988 39 GOOK 74 PAGE 436 Alternative #2 Direct staff to re -advertise the selection and prepare another ranking of consultants. RECOMMENDATIONS AND FUNDING It is recommended that Alternative #1 be approved, funding to be from impact fees from District 1 (CR510 intersection), District VIII(Kings Hwy) and Property assessments for Part I projects. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) authorized staff to negotiate contract terms with the highest ranked firm as listed above. JOINT PROJECT AGREEMENT W/DOT & RESOLUTION RE HIGHWAY LIGHTING - U.S.1 FROM 10TH ST. TO S. RELIEF CANAL Director Davis reviewed the following memo: TO: William Collins, Acting County Administrator FROM: James W. Davis, P.E.,. Public Works Director SUBJECT: US 1 from loth Street to South Relief Canal Joint Project Agreement - Highway Lighting and County Resolution REF.LETTER: Ruth Yanks, Utility Coordinator, to James Davis dated 9-16-88 DATE: September 22, 1988 DESCRIPTION AND CONDITIONS The Florida DOT has transmitted to the County a Highway Lighting Agreement for the US 1 widening project between 10th Street and the South Relief Canal. The agreement provides for construction for approximately 50 lights along US 1 by the DOT. The County is committed to paying maintenance and electrical service. The approximate yearly cost to the County is $6,000. It is anticipated that the lights will not be ready for energizing until FY89/90. ALTERNATIVES AND ANALYSIS The alternatives include the following: Alternative #1 Authorize adoption of the County Resolution - Highway Lighting Agreement and Joint Project Agreement Highway Lighting as submitted by DOT 'OCT 4 1988 40 ElooF 1 4 F.+;,. 4:37 Alternative #2 Deny the DOT's request for a Joint Project Agreement and not authorize street lighting along US 1. RECOMMENDATION AND FUNDING It is recommended that Alternative #1 be approved whereby the Chairman be authorized to execute all four copies of the Joint Project Agreement and the County resolution be adopted. Funding will be considered in the FY89/90 budget in the amount of $6,000. ATTACHMENTS Referenced letter with Joint Project Agreement and County Resolution Director Davis commented that U.S.I is presently lit through the City of Vero Beach up to about 10th Street, and this would continue on the urban section to the south. Commissioner Bowman asked why we need this, and Director.. Davis advised that it is a safety amenity to the project. Basically in an urban area such as the U.S.I. corridor, the DOT greenbook pretty much mandates looking into appropriate fighting when a section is completely urbanized. Commissioner Eggert agreed that it is needed, and Vice Chairman Wheeler stated that he was in favor of lighting all the way down to Oslo Road. OCT 41988 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) approved Alternative #1 and adopted Resolution 88-97 authorizing the Vice Chairman to execute said Joint Project Agree- ment with the DOT. 41 poor 74 Fa [438 FORM 723-10 1-03 PAGe 1 OF 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTA'T'ION DIVISION OF PRECONSTRUCTION AND DESIGN COUNTY RESOLUTION HIGHWAY LIGHTING AGREEMENT COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL 8 R/W JOB NO. 88 , 010 6901 5 Indian River 1 N/A A RESOLUTION AUTHORIZING EXECIETION OF A 11l(;1tWAY 1.l(;1ITING AGREEMENT FOR. THE ADJUSTMENT, RELOCATION ANI)/OR INSTALLATION OF A CERTAIN LIGHTING SYSTEM WITHIN 'I'HIE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SIIALL TAKE EFFECT. RESOLUTION NO. 88 - 97 ON MOTION OF Commissioner Bird Commissioner Bowman seconded by , the following Resolution was adopted: WHEREAS, the Stale of Florida Department of Transportation has located and proposes to construct or reconstruct a part of _the llighway Lighting System located on State Road 5(U.S. 1) AND WHEREAS, the State of Florida Department of 'Transportation having requested the County of Indian River County , Florida, to execute and deliver to the State of Florida Department of Transportation a Joint Project Agreement for highway Lighting, providing for joint responsibilities of the Department and the County, and said request having been duly considered, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Indian River County , Florida, that the Chairman and Clerk of the Board of County Commissioners he and are hereby authorized to make, execute and deliver to the State of Florida Department of Transportation a Highway Lighting Agreement for the adjustment, relocation, and/or installation of a certain lighting system within thr Right of Way limits of said State Road 5(11-S. 1) , Section 88810 BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. INTRODUCED ANI) ' PASSED by .1 he Board of County Commissioners of Indian River ° County, Florida, in regular session, this 4th clay of October , 1988 ATTEST: Clerk of th lion rlof . W�� riln OlnlniSSiC OCT 41999 42 n of the Hoard of County Commissioners APPROVED � AS SUFFICIENCY: ENCY: FORM AND L, Charles P. Vttunac County Attorney LICCIK f'f4GE 4'39 POEM 711 -Zi• 21$S PAGE t OP 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION • DIVISION OF PRECONSTRUCTION & DESIGN • JOINT PROJECT AGREEMENT; HIGHWAY LIGHTING • (County) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. 88 010 6901 5 Indian River 1 N/A THIS AGREEMENT, made and entered into this day of , 198 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and Indian River County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter calledi the COUNTY. WITNESSETH: WHEREAS, the COUNTY by Resolution adopted on Octohpr 4, 19RR , has requested the DEPARTMENT to purchase and install a Highway LightingSystem on that portion of State Road No 5 (U.S. 1) described as from SoutRelief Canal to curb & Rutter section AND WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the lighting system designated by the DEPARTMENT as Job No 88010-6901_ Road No 5 (U. S. 1) between South Relief Canat and to curb & gutter section • , which shall call for the adjustment, relocation and/or installation of Highway Lighting facilities along said highway, AND WHEREAS, the DEPARTMENT and the COUNTY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT providing for such work, NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further considera- tion of the mutual covenants hereinafter contained, it is agreed by the parties as follows; 1. The DEPARTMENT agrees to prepare plans and specifications for the work involved, and advertise for bids for the equipment and materials. The decjsion as to the type and make of equipment purchased sill be the DEPARTMENT'S sole responsibility. 2. All of lite work on the lighting system is to be done according to the plans and specifications of the DEPARTMENT which plans and specifications are. by reference hereto, made a part hereof. The DEPARTMENT will be responsible for performing the completed installation. 3. The DEPARTMENT will provide the necessary engineering supervision to assure construc- tion is in compliance with the plans and specifications hereinabove referred to, and will perform the final inspection of the completed project. 4. The COUNTY agrees That the equipment of the lighting system shall remain the property of the DEPARTMENT, and it is hereby understood and agreed that the COUNTY shall not, under any condition. remove the equipment which is the subject matter of this Agreement for any reason with- out permission and written consent of the DEPARTMENT. 0 CT 41988 43 BOOK 74 Ftk,E 440 r', FAJ &..4 ,ll -268 2/e3 "AGE 2 OF e 5. The COUNTY further agrees upon completion of the installation, to assume sole responsi- bility for the maintenance of said lighting system in accordance with the DEPARTMENT'S policies and "Standard Specifications for Highway Lighting." 6. The COUNTY further agrees to be responsible for the payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. 7. The COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the COUNTY, its agents or employees, or due to any act or occurrence of omission or commission of the COUNTY, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the DEPARTMENT for its own negligence or breach of contract. 8. All services and work under the construction contract shall be performed to the satisfaction of the DEPARTMENT'S Director of • Construction, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for highway lighting; the prosecution and fulfillment of the services thereunder, and the character, quality, amount, _ and value thereof; and his decision upon all claims, questions, and disputes thereunder shall be final and conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Director, of Preconstruction and Design ATTEST: Executive Secretary (SEAL) 3=- Cox t= INDIAN RIVER COUNTY, FLORIDA BY: 1 dee- —4 Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 11 Assistant Attorney (SEAL) APPROVED AS TO FORM AND LEL SUFFICIENCY: Charles P. Vilunac County Attorney 44 OCT 41988 ElooK 74 FA 441 SURPLUS PROPERTIES - DEPARTMENT OF UTILITY SERVICES Lisa Abernethy of the Utility Department reviewed the following, explaining why the items listed are not usable: DATE: TO: THRU: FROM: SEPTEMBER 19, 1988 WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRATOR TERRANCE G. PINTO' DIRECTOR OF UTILITY SERVICES JOHN F. LANG ENVIRONMENTAL S ECIALIST DEPARTMENT OF U ILITY SERVICES SUBJECT: SURPLUS PROPERTIES BACKGROUND The Department of Utility Services as it extends its service territory decommissions small package wastewater treatment plants. In some cases, the owner disposes of the land and/or facilities; however, usually the facilities are part of a package deal to extend services. This is especially true of concrete, modular -cell package plants. The Department proposes to declare surplus the following items: a) A .015 MGD set of concrete cells located at the Gifford Wastewater Treatment Plant site next to Hi -Ridge Mobile Home Park which served the site many years ago. b) a .005 hydropnuematic tank, and c) a .01 ground storage tank for potable water currently serving the Rivers Edge Subdivision and scheduled to be decommissioned. d) Two (2) Sutor-Bilt blowers model #6M. _ ANALYSIS The Department no longer has a use for the surplus items and proposes to auction the plants and material at a later date. RECOMMENDATION The Department recommends that the Board authorize the declaration of the preceding items as surplus. Mrs. Abernethy had an added comment, which was that they would like to have the successful bidders restore the property to its original condition after they remove these items. Commissioner Eggert asked where these funds go, and Attorney Vitunac advised that they go to the Utility Department funds. Commissioner Bowman asked if any consideration had been given to using any of these items at Blue Cypress Lake, and Mrs. OCT 41988 45 eoor 74 FAGE442 Abernethy confirmed that it had but the items were too small for that area. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously (4-0) declared the above listed items surplus and directed that the funds from. their sale be deposited in the proper account in the Utility Department. OUTSTANDING AND OVERDUE PAVING AND DRAINAGE ASSESSMENTS Attorney Vitunac reviewed the following memo: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: September 26, 1988 RE: OUTSTANDING AND OVERDUE PAVING AND DRAINAGE ASSESSMENTS --Board Meeting 10/4/88 At the beginning of this year this office began working with the Tax Collector to solve the problem of approximately 60 delinquent paving and drainage assessment liens. Now arrangements have been made to make either a monthly payment or to pay the lien in full on all but one of the outstanding assessments. Regarding payment of the only remaining outstanding assessment (Bergamo), the homeowner and the Tax Collector have been negotiating on making arrangements for monthly payments. However, the problem is that the Bergamos say they can only pay $20 per month (which would take. approximately seven years to satisfy the lien), and the Tax Collector's Office feels the minimum they could accept on behalf of the County would be $50 per month (which would satisfy the lien in 21 years). The only other alternative to get the lien satisfied would be for this office to proceed with foreclosure against the property. Since this is a Board approved paving and drainage project and the money is owed to the Board of County Commissioners, the Tax Collector feels the Board should make the decision of whether to permit the homeowner to make the lower payment or to file the foreclosure. Therefore, we are requesting direction on how to proceed. OCT 41988 46 F ,E 443 Attorney Vitunac spoke in favor of requiring the payment of $50 a month, stressing that if the Bergamos are allowed to pay only $20 monthly, the Tax Collector has to keep a record for 71 years. Commissioner Bowman wished to know just what the financial circumstances of these people are and whether they may be on public assistance. Commissioner Eggert and Vice Chairman Wheeler both noted that they had viewed the property in question and did not get the feeling that the people were pressed financially. There was a very nice house there, well maintained, with a pickup truck, a\ car and a motor home in the driveway. I Vice Chairman Wheeler expressed his feeling that we may be getting ourselves into a situation we may not want to get into in the future if we do not follow the Attorney's advice. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) agreed that the minimum monthly payment required of the Bergamos should be $50 with the alternative being foreclosure. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:25 o'clock A.M. ATTEST: _c_1./dret.# -CILerk Chairman 47 OCT 41988 BOOK 74 PACE 444