HomeMy WebLinkAbout10/11/1988Tuesday, October 11, 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 11, 1988, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard
N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present
were William G. Collins, 11, Acting County Administrator; Charles
P. Vitunac, Attorney to the Board of County Commissioners; Joseph
Baird, OMB Director; and Barbara Bonnah, Deputy Clerk.
Chairman Scurlock called the meeting to order, and
Administrator Collins led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Attorney Vitunac requested the addition to today's Agenda of
a release of easement to Alan & Nancy Emerick, Bent Pines
Subdivision.
Commissioner Eggert requested the postponement for another
week or two of Item 8-A-2 - Proposed Annexation by the Town of
Orchid - because she has not completed her discussions with the
legislators; however, Chairman Scurlock wished to have it left on
the Agenda for the purpose of giving an update on the situation.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously added and
postponed the above items to today's Agenda.
BOOK r''IsE 445
OCT 111988
Administrator Collins requested the addition of a discussion
regarding the County -initiated rezoning at the Vista Properties
site from CL to OCR.
A MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, that the Board add the above item
to today's Agenda failed by a vote of 2-3,
Commissioners Eggert, Scurlock -and Wheeler voting in
dissention.
Commissioner Eggert explained that the reason she voted
against adding this matter to the Agenda is because she
understood everything was established to go forward and they were
asking for an indeterminate delay in doing this. However, if
there is a lack of clarity as to whether or not the Board asked
them to go to OCR, then that is a different subject. She
suggested the Board reconsider their vote to add the item to the
Agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously added
the above item to today's Agenda for clarification
with regard to OCR.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections to the
Minutes of the Special Meeting of September 7, 1988, or the
Regular Meeting of September 13, 1988. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Special Meeting of 9/7/88 and the
Regular Meeting of 9/13/88.
2
OCT 11 1988
EOOK 74 WI: 446
CONSENT AGENDA
Chairman Scurlock requested that items C and G be removed
for discussion.
A. Reports
Received and placed on file in the Office of the Clerk to
the Board:
1. St. Johns River Water Management District
Copy of Resolution 88-18 adopting the tax rate and
certifying the levy of .281 mill for district -wide
purposes; and copy of Resolution 88-19 adopting Annual
Budget for the St. Johns River Water Management
District for FY 1988-1989 (Both adopted 9/28/88)
2. Florida Dept. of Transportation
Adopted 5 -year Transportation Plan - July 1, 1988
through June 30, 1993 (August, 1988)
3. Indian River Mosquito Control District
Resolution of Indian River Mosquito Control District to
assess and levy against the taxable property within said
District.
B. Final Plat Approval for the Village Walk Subdivision
The Board reviewed the following memo dated 9/28/88:
TO: The Honorable Members of The Board
of County Commissioners
DIVISION HEAD CONCURRENCE:
0
Robert M. Keat ng,/ ICP
Community Development Director
THROUGH: Stan Boling -Chief, current Development
FROM: Robert E. Wiegers /6
Staff Planner, Current Development
DATE: September 28, 1988
SUBJECT: FINAL PLAT APPROVAL FOR THE VILLAGE WALK SUBDIVISION
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at its
regular meeting of October 11, 1988.
DESCRIPTION AND CONDITIONS:
Village Walk is a 56 lot fee simple townhouse subdivision of a
±6.39 acre parcel of property located immediately east of 6th
Avenue and south of and adjacent to Waverly Place. The subject
property is zoned RM -10 (Residential Multi -Family up to 10
units/acre) and has an MD -2 (Medium Density up to 10 units/acre)
land use designation. The proposed building density is ±8.77
uni.acre .
3
OCT 111988
BOOK 74 FA G E 44 7
At its regular meeting of August 13, 1987, the Planning and
Zoning Commission granted major site plan and preliminary plat
approval for this development. The owner, Catalina Homes, Inc.,
is now requesting final plat approval of the Village Walk
Subdivision and has submitted:
1. a final plat substantially in conformance with the approved
preliminary plat;
ANALYSIS:
Section 10(g) of the subdivision ordinance allows developers to
"plat over" townhouse projects to allow the fee simple transfer
of property underneath and around the townhouse units. Normal
subdivision lot dimension and lot frontage requirements are
waived for such projects. The approved townhouse site plan
controls the construction of the project, while the subdivision
plat delineates common areas and creates lots that can be sold
off to unit owners.
The subject subdivision will receive water and wastewater service
from Indian River County. A Stormwater Management Permit has
been issued by the Public Works Director, and the County
Attorney's office has reviewed and approved the homeowners
association document and the final plat for legal form and
sufficiency. The final plat is in conformance with the approved
preliminary plat and site plan,and all other County requirements
concerning final plat approval have been addressed.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to the Village Walk Subdivision.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously granted
final plat approval for the Village Walk Subdivision,
as recommended by staff.
C. Award of IRC Bid #438
The Board reviewed the following memo dated 9/28/88:
4
OCT 111988
BOOF 74 F,h iE 448
TO:
William G. Collins II DATE: September 28, 1988
Acting County Administrator
FRO
Ambler, C.P.M.
FILE:
SUBJECT:
TREE OF IRC BID #438
0`‘11?‘ TREE TRIM & CUTTING SERVICES
Purchasing Manager
CONSENT AGE:NDA
REFERENCES:
1. DESCRIPTION AND CONDITIONS:
Bids were received Wednesday, April 27, 1988, at 2p.m. for
IRC Bid #438.
6 Invitations to bid were mailed. 4 Bids were received.
This bid was advertised in the newspaper.
2. ALTERNATIVES AND ANALYSIS:
The low and best bid was submitted by Orality Tree Services at
$450.00 per day. A lower bid was submitted by A-1 Tree Services.
Their services were tested to determine if they were acceptable.
Road and Bridge determined that their speed of operations was
slow and the quality of their workmanship was not acceptable.
The process of testing and review took longer then originally
projected however, the prices offered to the County by Onality
Tree Services still are available. Expenditures during the
88-89FY are estimated at $25,000.00.
3. FUNDING:
This Bid is to establish an annual contract. No Purchase Orders
will be issued before a requisition approved by the budget office
is received.
4. ON:
Staff recommends that we accept the bid of Q ality Tree Services
and proceed to contract.
Chairman Scurlock noted that one bid is substantially lower
than the others, and asked what type of analysis was done to
determine that A-1 Tree Services were slow, ineffective and not
doing a good job.
Purchasing Manager Gus Ambler advised that we tried them
out, and then sampled the services of the second low bidder,
Quality Tree Service, which we found satisfactory.
OCT11 1988
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded Bid
#438 To Quality Tree Services for tree trimming and
cutting services, as recommended by staff.
Commissioner Bowman wished to see the Board revisit the tree
trimming problems sometime because she has seen many trees lately
that have been butchered.
BOARD OF COUNTY COMMISSIONERS
184025th Street ..,
Vero Beach. Florida 32960
.
BID TABULATION
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BID NO.
BID #438
APRT DATEL27,F P19880
BID TITLE Tree Trimm g
IRC BID#438- Cutting Services
ITEM DESCRIPTION
NO.
UNIT PRICE
UNIT PRICE
�,��
U iT Plii
UNIT PRICE
UNIT PRICE
UNIT
1. Complete tree trimming and cut
og%e�•
0O
7
So
�'-'
(J
era
down service. Twenty -Four
Hour response time is required
County will Cut
up and remove
down or trimming.
Trees, after Cut
County will furnish all traffic
control.
Minimum crew size shall be two
workers and one truck.'
•
DAILY RATE
PER DAY .
HOURLY RATE
..a., 75
g/ .9O
CQ() CU)/(977 SG
PER HOUR
-
2. Terms: Net 30 Days min:
eel s
io,21
,
.
MMS 2/79
6
OCT 11 1988
EOOK E'r,F 450
D. Award of IRC Bid 89-22, Sulfuric Acid Term Control
The Board reviewed the following memo dated 9/16/88:
89 L5 U U L=
u �+
TO: William G. Collins II DATE: September 16, 1988
Acting County Administrator
SUBJECT:
AWARD OF IRC BID #89-22
SULFURIC ACID TERM CONTROL
CONSENT AGENDA
FRO REFERENCES:
Ambler, C.P.M.
Purchasing Manager
1. DESCRIPTION AND CONDITIONS:
Bids were received Wednesday, Sept. 14, 1988, at 2p.m. for
Sulfuric Acid for the Reverse Osmosis Plant.
22 Invitations to bid were mailed. 3 bids were received including
1 No. Bid.
This bid was advertised in the newspaper.
2. AIMERNATMES AND ANALYSIS:
The low bid meeting specifications was submitted by Apperson
Chemicals of Pompano Beach, F1., at the Unit Price of $72.18
per ton. The County expects to spend $15,000.00 on this commodity
during the year.
3. FUNDING:
The bid was solicited to establish a Tema Contract for Future
Purchases. No Purchase Order will be issued until an approved
requisition is received.
4. ON:
Staff recommends that we award this bid to Apperson Chemical and
authorizes staff to proceed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded
IRC Bid #89-22 to Apperson Chemical and authorized
staff to proceed.
7
OCT 11 1988
NOV 74 Du. 451
BOARD OF -COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960 '
. BID TABULATION•(
LJ
�!
\' U
BID NO.
IRC BID #89-22•
DATE OF OPENINGik
AUGUST 18, 1988
BID TITLE
SULFURIC ACID, TERM CONTRACT
ITEM DESCRIPTION_UNIT
NO.
PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT
1. SULFURIC ACID 66$
'7a .
1�j
to 81
Q
G
7 , Cj��
y"
•
DELIVERED F.O.B. DESTINATION
1 LOT
T
•
2. PAYMENT TERMS (Net 30 Days /1/&/73r)
3/)
/ `4v
Minimum) .
DELIVERY ARO (5, Days Maxieium)
3
15
•
Days.
•
E. Soil Conservation Service Agreement Between Indian River
County and United States Department of Agriculture
The Board reviewed the following memo dated 10/4/88:
TO: Members of the Board
of County Commissioners
DATE: October 4, 1988
SUBJECT: •SOIL CONSERVATION SERVICE
AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND UNITED STATES
DEPARTMENT OF AGRICULTURE
CONSENT AGENDA
FROM: Joseph A. Baird*
OMB Director
DESCRIPTION AND CONDITIONS
At the budget hearings in July 1988, the Board of County
Commissioners authorized an additional position in the Soil
Conservation Department of which the United States Department of
Agriculture was to partially fund. Attached is an agreement
8
O C i • 11 1988
BOOK
452
between Indian River County and the Soil Conservation
Service/United States Department of Agriculture where the Soil
Conservation Service agrees to perform certain tasks and in
exchange will receive up to $7,500 in compensation.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve
the attached agreement between Indian River County and the United
States Department of Agriculture.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Working Agreement, between the BCC of Indian River
County and the Soil Conservation Service of the U.S.
Department of Agriculture.
AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD WHEN FULLY EXECUTED AND RECEIVED (
F. Release of County Liens
The Board reviewed the following memo dated 10/11/88:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: October 3, 1988
RE: CONSENT AGENDA - BCC MEETING 10/11/88
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 - SWARTZ
Lot 10 of BREEZEWOOD PARK SUBD.
Release of Assessment Lien - BADENHOOP
S 20' Lot 8 & all Lot 9 of
LITTLE PORTION SUBD.
Release of Assessment Lien - LARGE
Lot 13 of REPLAT OF ST. CHRISTOPHER HARBOR
Release of Assessment Lien - SEXTON
Lot 35 of OLD SUGAR MILL ESTATES, UNIT III
Back-up information for the above is on file in the County
Attorney's & Utilities Department Offices.
9
OCT 11 1988
53
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to execute the Releases listed above.
COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
G. Lightning Damage at Sheriff's Building
The Board reviewed the following memo dated 10/5/88:
TO: Members of the Board
of County Commissioners
DATE: October 5, 1988
SUBJECT: LIGHTENING DAMAGE AT
SHERIFF BUILDING
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
On July 6, 1988 the Sheriff's Department incurred $9,801.10 damages to
their telephone system which they believe was due to lightening
damage. They have been working with the County's Risk Manager and
insurance carrier to receive payment for the damages, but
unfortunately, Southern Bell -is demanding payment and we have not
resolved the matter with the insurance company. Since this relates to
the Sheriff's facility and was an unforeseen expenditure, which was
not budgeted, the Sheriff's Department is requesting we pay the bill- -
,ANALYSIS
If it is determined that there was not lightening damage, then the.
capital component would have to be replaced and we can only assume it
is due to an electric surge in the facility. Due to the
circumstances, I feel we should pay for this from the Sheriff's
Building Construction Fund.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
approval of the $9,801.10 payment from the Sheriff's Building
Construction Fund.
10
OCT 1 1 1988
BOCr' 4 F ,E. 454
Chairman Scurlock noted that while staff is recommending
payment, there seems to be a question of whether we are insured
for this damage.
Acting Administrator Collins explained that there is a
dispute with the insurance company over whether they are fully
responsible or we are. In the past the County has had some
instancesof lightning strikes where the insurance carrier has
had to show that the damage was not due to a lightning strike,
rather than us having to prove that it was from a lighting
strike.
Commissioner Bowman asked if there was a surge device on
this, and Chairman Scurlock understood that if it was due to a
power surge rather than a lightning strike, then a power surge is
a recoverable damage from the power company.
OMB Director Joe Baird explained that the Sheriff's Dept.
had some damage done to the telephone system in July, 1988, and
the telephone company installed the new equipment. We are trying
to get the money from the insurance company, but the telephone
company is requesting immediate payment.
Chairman Scurlock just wanted the question straightened out
on whether it was lightning damage or a power surge problem, and
Director Baird advised that Risk Manager Susan Tillman is
checking into the matter and should have an answer soon.
Chairman Scurlock asked if we have installed a power surge
device to eliminate any future problems, but Director Baird did
not know if that would resolve the problem with the telephones
within the building. We do have a surge device on the 911
system, which was very expensive, and we may not be able to
afford to put one on the entire building.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
payment of $9,801 to Southern Bell, payment to come
from the Sheriff's Building Construction Fund.
11
OCT 111988
BOOK
74 rv,.i.455
H. Seminars on Personal Computers
The Board reviewed the following memo dated 10/5/88:
TO: Board of County
Commissioners
DATE: October 5, 1988 FILE:
SUBJECT: Seminars on Personal
Computers
Li F Tani
FROM. Admin trative Aide REFERENCES:
There are seminars being held in October and November
on Introduction to DOS and Intermediate DOS, DisplwayWrite
1, 2 and 3 at the DOS Computer Center in Melbourne. Each
seminar would be three hours. -These seminars would be a
tremendous aid in my quickly learning how to fully utilize
my new computer. I am requesting approval to attend these
seminars.
The funding of $260.00 (which is a special discounted
price) would come from my meetings and seminar budget.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the above request by Administrative Aide Liz Forlani
to attend personal computer seminars in October and
November, 1988 as setout in the above memo.
ANNUAL COOPERATIVE FORESTRY ASSISTANCE REPORT
Urban Forester Tim Elder advised that he just recently took
over the Urban Forester program and the report being presented
today covers the achievements under former Urban Forester Bill
DeBraal:
OCT 111988
12
BOOK
74 PArE4J6
STATE OF FLORIDA
'4f. - ) FLORIDA DEPARTMENT OF AGRICULTURE E CONSUMER SERVICES
DOYLE CONNER. COMMISSIONER * 3125 CONNER BLVD. TALLAHASSEE 32399.1650
ANNUAL COOPERATIVE FORESTRY ASSISTANCE REPORT
City of Vero Beach and Indian River County
September 30, 1988
As required under the provisions of the County Contract, sections 589.28 -
589.34 Florida Statutes, an annual report is submitted each fall to cover
work undertaken.during the past fiscal year.
As I have just recently assumed the Vero Beach/Indian River County Forester_
position, I am submitting this report on my predecessors activities during:
the period from July 1, 1987 to June 30, 1988.
The following is a listing of some of the projects and programs the forester
became involved with in the past year:
City of Vero Beach
Annual Arbor Day Celebration
Tree City U.S.A. Award
Annual Seedling Sale
Beautification of Indian River Boulevard.
Miracle Mile Landscape Improvements
Indian River County
Involvement with County Parks and Recreation Committee
Gifford Park Tree Planting Program
Fellsmere Head Start Tree Planting Program
Assisted in revising the Landscape Ordinance
Assisted in Transplanting Trees at Citrus Elementary
Schools
Taught at the 5th Annual Forestry Training Camp
for Future Farmers of America
Assisted Vero Beach and_Sebastian Chapters of
Future Farmers of America
Taught numerous Environmental Education Classes at all levels.
Over the last fiscal year the Forester has assisted 1,255 individuals and
municipalities involving 1,523 hours of recordable time.
Activities were as follows:
1. Forest Management - 46 hours - 3%
a. Forest Landowner contacts: 9 contacts
b. Tree Planting: 5 acres
c. Christmas Tree Plantings: 1 acre
d. Watershed improvement: 3 Assists
2. Fire Control - 171 hours - 11%
a. Fire Control Officer -In -Charge: 34 assists
3. Forest Education - 103 hours - 72
a. Environmental Education Classes: 8 classes, 330 attendees
b. Exhibits, Field Demonstrations: 10 exhibits and demonstrations
c. Speeches given: 10 speeches, 517 attendees
4. Media - 94 hours - 7%
a. Newspaper, magazine interviews: 2 interviews
b. Written material prepared - 24 news articles
c. TV, radio feature programs: 3 appearances
5. Urban Forestry - 637 hours - 412
a. Arbor Day and School plantings: 9 programs, 19 trees
b. Tree Seedling Sales: 6 sales, 1350 trees
c. Tree Transplanting Assists: 9 assists, 11 trees
d. Noise Alatement projects: 1 project
e. Nursery Establishment: 2 tree nurseries established
f. Nurseries assisted: 10 nurseries
g. Recreation Developement Assistance: 5 assists, 3300 linear fat
OCT 11 1988
13
FBF 71 FE 457'
h. Tree City U.S.A.: 1 City Certified
i. Beautification Plans: 5 plans
j. Beautification Projects: 4 projects, 22 trees planted
k. Shade and Ornamental tree advice: 162 assists
1. Tree removal assists: 4 assists
m. Tree and Vegetation Protection Plans: 8 contracts, 5 plans
n. Champion Tree program: 1 assist
o. Comprehensive planning: 4 assists
p. Environmental Impact studies: 4 assists, 1 study completed
q. Meetings Attended (General & Staff) 30 meetings
r. Parks and Recreation Department assists - 18 assists
s. Meetings - Professional and Social: 6 meetings
t. Meetings - State and Federal: 12 meetings
u. Natural Resource Development Projects: 1 project
v. Developer assists: 32 assists
w. Tree Protection Ordinance: 4 assists
x. Beautification Planting - Blighted - 8 assists, 76 trees planted
y. Beautification Plans - Blighted -3 assists, 1 plan developed
z. Street Tree Survey: 3 asiaists, 1 survey completed
6. Personal Training & Developement - 141 hours - 9%
a. Training Received: 135 hours
b. Assist to other Division Personnel: 6 hours
7. Forest Products - 1 hour- 1%
a. Commodity Drain Survey: 1 survey
8. Incidentals and other assists - 339 hours - 22%
a. Incidental assists (Telephone calls, correspondance, visitors
to my office or recommendations not requiring a field visit)
763 assists
b. Forest Ranger Assistance to Forester projects: 2 assists, 9 hours
The following is a breakdown of the Foresters time spent with the following
parties:
State and Federal: 46%
Individuals: 12%
City of Vero Beach: 11%
Indian River County: 5%
Schools: 10%
Other: 16%
(Other municipalities, corporations, etc.)
Also included in this report are my goals for Fiscal year 1988-1989 and
some long term goals for the coming years.
Should you have any programs or projects that I might assist you on
please do not hesitate to contact me.
Sincerely,
Tim Elder
Vero Beach/Indian River County Forester
14
OCT 11 1988
EOOK 74 P,'[j:458
Coals for Fiscal Year 1988-1989
1. Expand.canopy on Miracle Mile Boulevard.
2. Complete a Vegetative inventory of the county, Identify major
forest areae and types fo vegetation present.
3. Complete a Canopy Analysis of the City of Vero Beach.
4. Develop a nature study trail at Donald McDonald Park.
3. Continue working with county staff on revisions of landscape,
ordinance.
6. gold Annual Seedling sales.
7. Work with the City of Vero Beach to continue its tree city
standing.
8. Continue to assist local schools. and Furture Farmers of
America in environmental education.
9. Speak as often as needed to all civic, garden. and school
groups.
On -Going Activities
1. Bi -weekly newspaper article.
2. Planting trees in the interstate right-of-way.
3. Seed collection for Division of Forestry Nurseries.
4. Technical Assistance to any and all cooperators and residents
-
of the area.
Lang Range Goals
00 It
1. Increase activities and assistance with county officials and
staff.
2. Plan for street tree servey.
Commissioner Eggert was looking forward to working with Mr.
Elder on the main library site with regard to the many Targe
trees on the property.
Chairman Scurlock welcomed Mr. Elder on board, and commended
the Urban Forester program for its excellent improvements to this
community.
PROPOSED ANNEXATION BY THE TOWN OF ORCHID
Chairman Scurlock announced that this item was left on the
Agenda for the purpose of giving an update on the matter. Two
letters were received late yesterday afternoon:
1) A letter from McQueen & Associates, Inc. dated 10/10/88 re
the Windsor Polo Club; and 2) A letter from Attorney Bruce
Barkett of Collins, Brown & Caldwell dated 10/5/88, notifying the
Clerk of the Circuit Court that the Town of Orchid recently
enacted an ordinance to annex a parcel of property pursuant to a
petition filed by the property owner.
L OCT 1 1
988
15
Boor
74 F 1 r,L 459
Chairman Scurlock reported that the Windsor Polo Club and
the Town of Orchid are agreeable to moving ahead with
participation in the county utilities system in the initial
stages of 200 and 100 reserved units. They are agreeing to the
concept of line expansion which would bring potential utility
service to the Summerplace areas and, at some point in the
future, water and sewer to our parks which we have acquired
through the Save Our Coasts program. They also have seriously
discussed an exclusive franchise for utility services. The
Chairman explained that because.,of the time constraints here, he
was unable to complete negotiations with the Town of Orchid on a
new franchise agreement, and pointed out that at this point, the
Windsor Polo Club still is within the unincorporated area of the
county. We have had on-going discussion and are exploring the
possibility of a joint submittal through our Community
Development Dept. for a joint review of their developmental
plans. Chairman Scurlock felt that both the Windsor Polo Club
and the Town of Orchid have been acting in extremely good faith,
and at this point, he would like to request additional time to
negotiate an exclusive franchise.
Commissioners Eggert and Wheeler are working with the two
entities on other matters of emergency response and law
enforcement.
Commissioner Eggert reported that she has heard from one
legislator and is still waiting to hear from two others about
what, if anything, we could do with regard to the annexation, and
wanted to table this matter for two weeks.
Chairman Scurlock noted that the Legislature does not meet
until after the first of the year, and a Special Act could not be
offered until that time; however, he understood that we have no
standing in the annexation issue at this point. He felt we have
a better ability to accomplish our purpose through the utility
agreements we are structuring rather than be at loggerheads with
OCT 1988
16
E1OOK 190
the Town of Orchid, especially with the cooperation we have
received recently.
Commissioner Bowman noted that we are only dealing with the
present owners and was concerned about future owners, but
Chairman Scurlock pointed out that utility capacity relates to
density. The reason he wants the exclusive franchise for
utilities is because we are talking about a 20-30 year franchise
agreement that would lock in the Town in a contractual way in
terms of capacity.
The Commissioners indicated that they felt that would be the
best approach.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously took the
position not to oppose the annexation of the Town of
Orchid and encourage Commission members and staff to
continue negotiations with the Town of Orchid for the
provision of necessary services.
NORTH COUNTY OFFICE SPACE
The Board reviewed the following memos dated 10/4/88 and
10/7/88:
TO:
oar • o oun y ommissioner
DATE: ' c o • er a, Pin FILE:
SUBJECT: NORTH COUNTY OFFICE
SPACE
William G. Collins II
FROM: Acting County Administrator REFERENCES:
At the Board meeting on August 23rd you directed me to determine any needs
which the County Departments have for north County office space. Mr.
David Fisher was advised to contact the constitutional officers to determine
what their north County office space needs were. Since that time I have
received responses from the departments under my jurisdiction. The results
are as follows:
17
'OCT 11 1888
CI� `"GF 461
fkQ
1. Emergency Management - approximately 600 sq. ft. of office space would
be required. _-
2. Utility Services - office approximately 15' x 20' (300 sq. ft.) for
payments and permits and -a computer terminal; space to accommodate two
people.
3. Community Development - no need of office space for personnel;
however, if space is provided for other offices, could utilize a small area
for distribution of applications, publications, info sheets, zoning atlas,
etc.
4. Veterans Service - request 550 sq. ft. of office space.
County departmental space needs as requested by the various departments
total approximately 1,500 sq. ft. at present. Mr. Fisher will make
presentations as to the needs of constitutional officers.
On September 27th I met with Mr. Fisher, his architect Mr. Dean, County
Attorney Vitunac and Mr. Fisher's attorney Joe Collins. If the Board decides
to proceed with the leasing of north County office space, we would recommend
a lease term of no more than seven years. Mr. Fisher indicated the rental
would be $10 per sq. ft. with annual cost of living increases. The option of
expanding County leased space in three years when Gene Morris' current
lease in north County expires was discussed and Mr. Fisher is agreeable to
an option for expansion.
The building as proposed is to be a condominium building with the exception
of space leased to the County. Mr. Fisher indicated that in the event the
County desired to build it's own building in the future, provision could be
made in the lease to terminate the lease prior to the end of the seven year
term if the County chose to have Mr. Fisher build a structure solely for the
County on remaining land in his site.
Conclusion: This matter is being returned to the Board for their
consideration as directed on August 23rd. Mr. Fisher has requested the
opportunity to make a presentation at this meeting.
Commissioner Eggert asked Mr. Fisher if he would be willing
to sell the County the first floor of the building, and Mr.
Fisher said he would be.
Chairman Scurlock pointed out that this matter grew from
1000-1500 square feet into 15,000 square feet and a $150,000
annual lease payment without real consideration for phone lines,
computer terminal hookups, additional personnel, office
furniture, etc. He believed it is better to buy than it is to
rent, but suggested that the Board request staff to sit down with
Mr. Fisher and come up with the total costs for 1000-1500 square
feet and bring it back to the Board in a week or two.
Commissioner Eggert wanted an opportunity to review both a
scaled-down version and a 15,000 sq. ft. package.
18
OCT 11 '988
mu 74 MF 462
Commissioner Bird believed we should lease for awhile and
eventually own a building in the future since our needs are
increasing every year.
Commissioner Wheeler felt that 15,000 square feet might be
right in the long haul since the Constitutional Officers feel
very strongly that they need north county office space. He felt
the logical approach is to have these offices all under one roof,
and would like to see staff sit down and -bring back to the Board
all the alternatives and a bottom line figure.
Chairman Scurlock felt weshould keep in perspective the
fact that it is only approximately 25 miles from the south county
line to the north county line.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously directed
staff to bring back a total picture and hard numbers
for both a 1500 sq. ft. and a 15,000 sq. ft. package.
PUBLIC HEARING - SEBASTIAN INLET PARK ENTRANCE FEES
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:
'VNO UUA04 P $SS4omwAL
wtra:N.d Delh
Vere e..dt. Indigo Rio., Ceeety. Mande
COUNTY OF INOtAN RIVER STATE OP R.OWOA
Bataro Me mmern..d MUMMY pae.ntly 100.II/d J. J. SC.Y11Nt.1. Jr. adman oath
says Mer he ts Busses Manaperer Me Vero Bann FlesaJdurna. adeity nawseeter omested
al Vero B6erJt m main River County. Sands mat the Maenad Copy 01 bwr.eanett bang
aMe.attest CJM1tAR.AQ.
in the Cour. goes Pub-
Scow in said newspaper m de Issues at xiAi5mlmt.act, Dcte(w,ts J988
Affiant fantail earn Mat the sem Vete Beach Press -Journal is a newspaper oubhehed al
Vero awn, m seed Inman River County, Florida and Mal the maid newspaper nab teetolere
bsareonti aa.s1, puousned m sad Inman River County. Ferre. east dada and nae peen
altered as second class marl mater et Menet office in Yero Beam. In sad IMen River Coun-
ty,
ourty, Monde, tor a period at one yew neat creaming tai teat o elscatdn of Me atta.lme GDPyy dt
advertisement and Mdse further Says but be nae nether paid nor promised airy person. lire
or co0erate0 amp discount. rebate. commission 00 refund ter she purpose of securing ins
aayerteemant ter pubnwidn m ins sad newspaper.
Sworn to and eubfrnbao Ware pe Indy Of OC... • A.O.1S ys,a_
ISFAU
OCT 11 T988
&mean
(Cleft o.k>i"Cueuit CouiClrnmel River County, Florida*
..'*ere AREA lard PiwNe
salve Jere 2P Igo
19
NOTICE OF --
::PUBLIC HEARING .,
THERE WILL' BE A PUBLIC HEARING ON
TUESDAY, OCTOBER 11, 1988 AT 9:05
A.M. AT THE INDIAN RIVER COUNTY
ADMINISTRATION BUILDING (COMMIS-
SION CHAMBERS), 1840 25TH STREET,
VERO BEACH, FLORIDA, FOR THE PUR-
POSES OF DISCUSSING THE CHARG-
ING OF ENTRANCE FEES ON THE
SOUTH SIDE OF THE SEBASTIAN INLET
PARK. REPRESENTATIVES FROM THE
DEPARTMENT OF NATURAL RESOURCES
WILL BE PRESENT.
BooK 74 F1 [ 463
The Board reviewed the following memo dated 9/28/88:
TO: Board of County CommissionerDATE: September 28, 1988 FILE:
SUBJECT: SEBASTIAN INLET PARK -
- ENTRANCE FEES
William. C. Collins II
FROM: Acting County Administrator REFERENCES:
Pursuant to your request I have advertised a Public Hearing for October 11th
to discuss the issue of entrance fees at the south side of Sebastian Inlet
State Park.
One of the main issues is the deed restriction placed on the property by the
County at the time the property was deeded to the state.
Representatives from the Department of Natural Resources have been invited
to attend.
Chairman Scurlock announced that today's hearing will be
limited to discussion of entrance fees at Sebastian Park and will
not include other issues relating to the Sebastian Inlet, such as
dredging, etc.
Randy Lewis, Director of Communications with the Department
of National Resources, explained that Executive Director Tom
Gardner couldn't be here this morning as he is attending a
regularly scheduled Cabinet meeting with the Governor. Mr. Lewis
gave a brief history of the Florida Park Service, and emphasized
that they are beginning to use more and more of their land
acquisition trust funds to maintain parks rather than purchasing
other park land. In fact, the trust funds will soon be tapped
out. He pointed out that the Sebastian Inlet Park is the only
park in the system that is open 24 hours a day and does not
charge an entrance fee. The Park Service went before the
Governor and Cabinet this past month and requested that they be
allowed to increase some fees in the parks, but their thinking
was that they wanted the entrance fees to remain the same as they
have been since 1980, which is $1.00 per car and driver and 504
OCT 11 1988
20 BOOS` 74 FE464
for each passenger, but would allow the Park Service to double
those fees for out-of-state visitors. Further, they suggested
that we generate more money from special use fees, such as
camping, boat launching, renting pavilions, etc. Mr. Lewis
stressed that the Sebastian Inlet Park is the most visited state
park in Florida with 1.5 million visitors annually. They have
made several improvements and will continue to make improvements.
He listed the improvements to be made in the next two fiscal
years. In general, Mr. Lewis continued to present the reasons
why they need to charge entrance fees at the Inlet.
Chairman Scurlock had two questions in the event the County
did agree to lifting the deed restriction on the south side which
would allow the State to charge user fees:
1) What control would the County have on future increases in
fees, and
2) If this park has the highest use in the State Park System,
what percentage of the fees would be siphoned off for other
parks?
Commissioner Eggert wondered how much of the Inlet's
visitation is caused by the fact that there are no fees, and
Chairman Scurlock understood that all revenues from all state
parks go into one pool and then are designated back. He asked if
there is an ability to structure an agreement for having the fees
that are collected here remain here.
Mr. Lewis explained that if the deed restriction is lifted,
they would charge the same fees as at the other parks in the
state. The Cabinet hears requests and concerns for increases in
their regularly scheduled meetings. The Park System recently held
5 public hearings around the state on whether to raise the
camping fees, and decided against an increase for the present
time.
Commissioner Wheeler asked if there is some ability for
Indian River County residents not to pay an entrance fee, since
21
0 T 1 1 1988
E'a0'1 F A H 465
we do have the restriction, but Mr. Lewis did not believe that
was probable.
Chairman Scurlock opened the Public Hearing, and asked that
discussion be limited to the issue of fees versus no fees.
Robert Gaga, Vero Beach, stated that he fishes at the
Sebastian Inlet Park on a regular basis. He understood that this
land was donated for use as a park, and felt that if the County
wants to break a trust like that, the issue would have to go to a
referendum. He urged the Board to include in that referendum
language stating that residents..,of Indian River and Brevard
Counties would be exempted from any entrance fees.
Huey Walker of Vero Beach was opposed to entrance fees and
wanted to challenge the Commission and the State to come up with
some innovative funding so that all the people who come to the
State of Florida can enjoy the state parks for free. He stressed
the importance of tourism on Florida's economy.
Chairman Scurlock asked what Mr. Walker would suggest, and
Mr. Walker felt there may be a possibility of using some lottery
proceeds, and perhaps go to a $1 state head tax for all the
residents of Florida.. He believed we should come up with a way
to fund our parks without charging entrance fees and taking
advantage of the tourists.
Dick Schuler, representing AARP of Vero Beach, stressed that
this is the third time he has addressed this Board and the DNR on
the law enforcement problem at the Inlet. He suggested a parking
fee rather than an entrance fee, and felt that the revenue that
would be generated by a parking fee would be enough to fund our
needs at the park, including law enforcement.
Dennis Sada, owner of a business near the Inlet, held up
petitions signed by 400 people opposing admission fees to the
Sebastian Inlet Park. (SAID PETITIONS WERE NOT PRESENTED TO THE
CLERK TO THE BOARD TO BE PLACED ON FILE.) He felt that if the
County gives up the deed restriction and allows the State to
OCT 11 1988
22 LOOK
,GE466
charge entrance fees, the park will look like a prison what with
the fences and extra rangers that will be needed to keep people
from sneaking in without paying a fee.
Don Sutton of Vero Beach stated that he fishes the Inlet 4-5
days a week, and commended the recent improvements there
regarding law enforcement. He was willing to pay his share, and
felt that most of the regulars who enjoy the park would be
willing to pay for the services and improvements needed there,
but only if the money is spent in that park. Mr. Sutton added
that not everyone fishes on the jetty; both sides of the catwalk
are lined with fishermen at night.
Betty Sorenson, 12820 N. AIA, felt that she would not go to
the park if fees were charged, since she does not fish. She just
enjoys driving around the park and walking along the jetty, and
frequently takes her guests there to show them how beautiful it
is.
Alise Sherry of Village Green., opposed any entrance fees to
the Park. She uses the park on an average of 3 times a week, and
brings her friends there. She believed a lifeguard is needed on
the south side of the Inlet.
Beverly Leray, One Michael Creek Drive, opposed the charging
of entrance fees to the Inlet Park, but stressed that if the
County does decide to go along with the State on this, she would
like to see an exemption for residents from Indian River and
Brevard Counties. She pointed out that if a fee is charged at
the Inlet, more and more people will use the Wabasso Causeway
Park and that will prove to be a problem for the County.
Jack Forte of Melbourne said he has been a long time user of
the Park and opposes any kind of entrance fees. He distributed
copies of Chapter 78-470 of Florida Statutes, and urged that the
Board find out if this law has ever been repealed or amended
before they lift the deed restriction.
23
PSH
OCT 1 1 198��O
AN
CHAPTER 76-470
Senate sill No. 471
ACT relating to Sebastian Inlet District; amending ss. S,
27, 26, chapter 7976, Laws of Florida, 1919, as
amended, providing for reimbursement of commissioners
of said district for certain travel and expenses;
deleting provisions relating to formation of an
auditing committee for said district; providing for the
letting of contracts for work and materials In
accordance with general law and deleting special
CMPTIR 76-670
20
LAMS OF FLORIDA CRAFTER 76-470
bidding and contracting provisions; providing for the
continuation of perpetual easements, rights of way,
rights of Ingress, egress, or access, or other
interests dedicated to the benefit of the general
public; providing an effective date.
Be It inacted by the Legislature of the State of Florida:
Section 1. Sections S, 27, and 26 of chapter 7976, Laws of
florlda, 1919, •s amended by chapter 12259, Laws of Florida, 1927,
are amended to resat
Beetles S. The Commissioners under this Act shall be paid five
Dollars (65.00) per day for each day's services performed within the
boundaries of the Sebastian Inlet District, provided that
compensation so payable shall not exceed the sum of Five Sundred
Dollars (6500.00) for each Commissioner during any one year and that
this compensation shall apply to services rendered for inspection of
work performed for the District, or other. services under this Act,
including the payment of 14 cents (11!) .per mile for each mile
actually traveled within the boundaries of Sebastian Inlet District
in going to and from the Office of the Board of Commissioners of the
Sebastian Inlet District, provided that the mileage reimbursement so
payable shall apply to services rendered for inspection of work
performed for the District, or other services under this Act.
furthermore, the Commissioners shall be paid for travel and per diem
expenses incurred outside the boundaries of the Sebastian Islet
District In accordance with the general laws of the State of Florida.
Section 27. A11 work performed and materials furnished for the
construction of said Inlet and for the maintenance of said Inlet,
shall be let by contract in accordance with the general laws of the
State of Florida governing acquisition of processional engineering
services, the purchase of commodities, and the construction and
maintenance of public works. The Board shall have the tight to
reject any and all bids. Each contractor shall be required to give a
surety bond in form and amount to be approved by the Board, with a
responsible surety company thereon as surety.
Section 26. Any and all perpetual easements, rights of way,
rights of in4tess, egress or access, or other interests dedicated to
the benefit of the general public, whether by'agreeuent, contract, or
law, presently and validly in existence, shall continue in full force
and effect and shall not be modified, repealed, vacated, voided, or
otherwise changed except by further act of this Legislature. Me
State or private agency, department, board, body or other entity
shall restrict, impair or prohibit the general public from gaining
access to such perpetual easements, rights of way, rights of Ingress,
egress or access.
Section 2. It any provision of this act or the applicaelon
thereof to any person or circumstance Is held invalid, the invalidity
shall not affect other provisions or applications of the act which
can be given effect without the invalid provision or application, and
to this end the provisions of this act are declared severable.
F,r. Section 3. This act shall take effect upon becoming • law.
24
OCT 11 1988
BOOK 74 PAH 468
Attorney Vitunac believed that this law is not very well
written and confirmed that it has never been repealed or amended.
It says something that really should be taken care of, but he
didn't believe that is a problem of the County. The County has
the right to waive its restriction on the deed to the State, and
then it is up to the State to live up to the law or not. If the
State lawyers find that this paragraph in the law is a problem,
they have the power to go to the Legislature and get this Special
Act repealed, or they can go ahead and charge fees and let
someone try to enforce this provision. If the DNR was a
proponent of getting rid of this special act, they could do it
very easily, but it cannot involve the County in any problem.
The County is safe, regardless of this act.
Mr. Lewis advised that the former and present general
counsels for the DNR have reviewed this matter and feel that a
fee would not be prohibited under this Special Act. They feel
this act really addresses the long-term protection, maintenance,
and the fact that the park is open 24 hours a day, and that there
is no need to repeal this Special Act in order to charge a fee.
Attorney Vitunac pretty much agreed with that, but stressed
that it is still a State problem and won't involve the County in
any lawsuits.
Commissioner Bird wondered how much it would have cost
the County to duplicate the improvements the State has made there
in the last 18 years and how large a staff it would have taken to
operate the south side with those facilities put there by the
State. He felt sometime ago that a possible compromise on the
south side would be to charge an admission fee to the western
portion where the boat ramp is and the camp grounds, but leave
the jetties and the major portion of the inlet that is used by
fishermen open for public fishing.
Mr. Lewis felt it would take them a good while to go back
over the years and compile a list of the costs of the improve-
ments made there in the last 18 years.
25
OCT 11 7988
POCK 74 469
Ranger Ron Jones advised that the Park has a staff of 23
persons, but most of the maintenance costs are on the south side
because it is older.
John Hensler of Indian River County pointed out that years
ago we gave the State this land with the condition that it be a
free state park, and felt the voters should be given an
opportunity to vote down the fees.
Vincent Hawkins of Vero Beach was concerned that eventually
the State would erect fences at the water's edge at the
boundaries to keep people from entering the Park free by walking
in the surf. Mr. Hawkins felt that the Commissioners already
have their minds made up about this issue and that the papers are
ready to sign after this meeting, and Chairman Scurlock
emphasized that all the Commissioners come into these public
hearings with an open mind.
Administrator Collins wanted it made clear that neither
the Commissioners, the County Attorney's Office nor the Adminis-
trator's Office has seen the first document to sign regarding
lifting the deed restriction.
Bill Koolage of Vero Beach believed we have a jewel in this
Park, and should treat it as such. Mr. Koolage felt that if a
fee is charged, the monies should be kept here and not sent
somewhere else. Let's make sure we get our money's worth with
respect to this deed restriction.
Michael Pastor, Oceanaire Heights, advised that he visits
the Inlet 2-3 times a week and loves it, but he is afraid that
the State is going to take it away from us by putting a lot of
restrictions on its use. He hoped the Board will protect the
Indian River County residents.
There being no others who wished to be heard, the Board
closed the Public Hearing.
Mr. Lewis understood the Board's preference that the money
generated by the Park remain here, but he pointed out that for
OCT 11 1983
26 BOOK 74 F4'jE 470
many years the State has spent money on this Park that wasn't
generated here. He felt that is a good sign of the State's
commitment to the Park and the people of this area.
Commissioner Wheeler expressed his concern about the number
of cars that have been broken into, and Mr. Lewis advised that
the rate is down. It has been as high as 5-6 cars a week on the
north side, but averages 1-2 cars a week on the south side.
Chairman Scurlock felt there is no -question for the need to
have additional revenues to have a well -kept, well -policed
facility, but felt the Governor and Cabinet need to address an
overall approach for providing adequate funding for the entire
Park System.
Commissioner Eggert noted that nowhere in this presentation
has it been said that all attempts to raise additional revenues
have been exhausted, and that the only alternative is to charge
entrance fees.
Chairman Scurlock asked if any legislation is being proposed
this year, and Mr. Lewis didn't believe there was because the
Legislature has told the Park System not to even think of coming
to them for revenue. Mr. Lewis pointed out that when Tom Gardner
made his presentation down here, he made it very clear there
wasn't any way for them to go other than entrance fees.
Commissioner Eggert suggested increasing the documentary
stamp fees, but Mr. Lewis explained that documentary stamp fees
help support the C.A.R.L. projects.
Commissioner Bird felt that if he had his choice, after
hearing all of this, his first choice would be not to charge a
fee and have the State continue to maintain and make the
improvements and do the good job they have done up there. His
second choice would be to have an annual free pass for the
residents of Indian River County, since the County would be
giving up something by lifting the deed restrictions. His third
choice would be to retain the fees for improvements and
maintenance on the south side of the Inlet. His last choice
27
OCT 11 `988
BOOK X 4 LE 471
would be to go ahead and charge the fees, pool them, and hope we
get our fair share.
Attorney Vitunac advised that since we gave the land to the
State with a restriction on it, we can give the State the option
of removing the restriction, partially or in whole, or charging
half price admission for Indian River County residents or some
sort of compromise, and let the State make the choice of whether
to accept it or not. Present rule or policy doesn't allow that
at the moment, but they have the power to change the rules or
change the policy if they want it that badly.
Chairman Scurlock suggested authorizing Commissioner Bird to
work with the County Attorney's Office to negotiate a position
with the State and bring it back to the Board. He believed it
would be a good approach to meet with the appropriate people and
see what kind of situation is acceptable to the State and stands
a chance of getting approved by the Governor and Cabinet, and
then bring it back to the Board.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
Commissioner Bird and whatever staff is needed to
negotiate an agreement with the State based on the
priorities and alternatives listed by Commissioner
Bird.
Chairman Scurlock asked if any of the County's tourist tax
dollars are available for the south side of the Park.
Commissioner Wheeler felt some of monies could be used, but
pointed out that the revenues generated from the tourist tax
really do not amount to a lot of money.
Chairman Scurlock thanked the DNR for coming down this
morning to receive the County's input.
28 car E 472
OCT 11 1988
PUBLIC HEARING - SPECIAL ASSESSMENT - WATER SYSTEM IMPROVEMENTS -
U.S. #1, 10TH STREET TO SOUTH RELIEF CANAL
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
nays 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
. l
In the matter of
d, /fit
NOTICE
River CCoimBoardry, Moeda, nounty Corrimisstoners of m
a Public Hearing scheduled. far SAS A.M. on
Tuesday, October 11, 1988, to discuss a pro..
In the Court. was pub- p resolution retetl�ro to a l a
mem project In Indian Riva County tor water
lled- Ba system improvements on U.S. *1 from 10th
IlShed in said newspaper in the Issues of o�9 Y� �pOd . AnStryone
a whoma wisht0
Anyorre who may wish Canal. appeal my decision
whliechh may be made at this nmWrm alt need to
ensure that a verbathn record of em proceed-
ings Is which Includes testimony and eat-
; dance upon which the appeal is based
Sept. 29. Oct. 4.1988
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 mall matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period o1 one year next preceding the first publication of the attached copy of
advertisement; and al tient 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 subscribeomet _ L_ day of I ' 'i. A D 19 f0
(SEAL)
(Business Manager)
(Clerk of the Circuit Court, I dian RI County, Florida)
Notary Pubtic. Slate of Florida
• avOunutbelon Expires n 9BP
liesMillsollel i
The Board reviewed the following memo dated 10/7/88:
DATE: OCTOBER 7, 1988
TO: BOARD OF COUNTY COMMISSIONR
THRU: TERRANCE G. PINT
DIRECTOR OF UTILI Y EJR ICES
FROM: JACK PEARCE
SPECIAL PROJECTS COORDINATOR
DEPARTMENT OF UTILITY SERVICES
SUBJECT: ADDITIONAL CONSIDERATIONS FOR THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS CONCERNING PROJECT
ASSESSMENT COSTS FOR THE WESTSIDE OF L'.S.#1-10TH STREET
TO SOUTH RELIEF CANAL PROJECT
.RE: PROJECT UW -87 -05 -DS
There was a meeting held by members of the Utilities Services,
Department Staff at 7:00 P.M., October 5, 1988 for the purpose of
discussing the subject project with property owners affected by this
water installation effort. Several issues affecting the costs of
29
OCT 11 1988
BOOK 74 u,,E 4.73
the project and the resulting assessments were discussed. Some of
the complaints appear to have a position that merits consideration
by the Board.
One of the reasons for the high project cost is because there is
$60,245.00 included in the cost for parcel owners for 1500 linear
feet of State owned and non -developable land and an expensive
crossing over the South Relief Canal. It was expressed that the
inclusion of these costs in the parcel owners assessments for this
project only was,an unfair allocation to this particular project.
The Utilities Services Department judges that the owner's complaint
has merit and that the Commissioners could well consider County
Utility separate funding of the $60,245.00 cost. Such a decision
would reduce the total project assessed cost from $276,690.00 to a
Final Assessed Cost of $216,445.00 and could reduce individual
assessments approximately 19%.
The second matter that appears -to merit your evaluation concerns both
water and sewer systems installations construction timing. The
Utilities Services Department is now in the process of negotiations
with the State Department of Transportation. DOT has a current
project for widening U.S. #1 through the subject water installation
project area. The purpose of this discussion with the State is to
coordinate the thoroughfare widening with the County water
installation project. This would mean that the -State will piclip
the costs for post construction restoration an additional saving of
approximately $20,000.00Ifor those assessed.
This will delay project ctonstruction probably until June, 1989, but
has the advantage of making it also a summer rather than peak
season project. With adoption of this construction program another
issue is raised. The Utilities Services Departmeryt hereby
recommends that the engineering for a sewer line on theestside of
U.S. #1 from 10th Street South to 4th Street be quickly implemented,
so that highway widening, water system installation and sewer line
construction can be achieved simultaneously with some cost savings
and considerable less inconvenience for commercial property owners.
Jeff Barton, Assistant Director of Utilities, explained that
this is the second time this particular project has come before
the Board, and apologized that the final summary sheet was not in
typewritten form.
Chairman Scurlock opened the Public Hearing, and asked if
anyone wished to be heard in this matter.
R. J. McMillan, owner of two pieces of property on South
U.S. #1 (Union 66 gas station and the Greyhound Bus Terminal)
felt it makes it very difficult to quote numbers since he doesn't
have a copy of the revised numbers, but understood his assess-
ments would remain the same. He questioned the need for a 12" pipe for
30
OCT 11198
813°K 74 F--:[ 474
such a short length with respect to the loop, and also questioned
the cost per square foot of this project'versus the cost of other
similar projects. Mr. McMillan suggested putting in sewer lines.
at the same time so that they won't have to tear up driveways
again.
Chairman Scurlock explained that there has to be a 10 -ft.
separation between the water and sewer trenches.
There being no others who wished to' be heard in this matter,
the Chairman closed the Public Hearing.
After some very technicaldiscussion, the Board indicated
that they would like this postponed until next week's meeting to
allow Utilities to put the recalculated assessments in final form
for easier review by the Board.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously postponed
the public hearing until the meeting of October 18,
1988, at 9:05 o'clock A.M.
PUBLIC HEARING - INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD -
RENEWAL OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR
EMS BLS SERVICE
The hour of 9:05 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with
OCT 11
VERO 8EA01 PRESS -JOURNAL
Publtohad Dotty
Vara Much. Indigos airs. Comity. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
IJelae the undenigned nulhorlly (*tumi dy a0Feared J. J. Schumann. Jr who on oath
sap Net he Is Business Manager of the Vero Beach PressJounNea dally newspaper published
al Vero Beech m Indian River County. Florida; that the attached copy of advertisement being
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been continuously published In said Indian River, County. Florida. each dally and has been
entered as second class mail mailer al the plot office In Vero Beach. In said Indian Rlvm Conn
M. Florida. to a period of nae yam nest pnereding the first publication of she allarhed copy of
edverilsemenl: and eluant further says that he has neither paid mor promised 808 person. Ihm
or eapoalio n erre discount, rebatecommission or refund l0 the purpose of securing this
advertisement for publication 1p the said newspaper.
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31
Proof of Publication attached;
•• PUBLIC NOTICE .
On Tuesday. October 11. 1988. at 9:05 A.M., the•
Board of County Commissioners of Innian River
County. Florida, will meet in the County Adminis-
tration Building at 1840 25th Street. Vero Beach. •
FL, to consider the application of Indian River
County Volunteer Ambulance Squad for a Cer-
tificate of Public Convenience and Necessity to'
provide pre -hospital EMS and BLS emergency,
• transport services. •
Anyone who may wish to appeal any decislon
which may be made at this meeting will need to
ensure that verbatim record Of the proceedings
is made. which includes testimony and evidence
upon which the appeal is based.
Sept. 29, 1988 1..i
BOOK 74 FACE 475
The Board reviewed the following memo dated 9/19/88:
TO: William Collins DATE: September 19, 1988
Acting County Administrator
SUBJECT: Application for Renewal of
Indian River County Vol-
unteer Ambulance Squad.
Certificate of Public Con-
venience and Necessity for
EMS BLS Service
FROM: Doug Wright REFERENCES: Indian River County
EMS Director ,,,.Ordinance #87-66
It is requested that the information contained herein be formally con-
sidered by the Board of County Commissioners at the next regular
scheduled meeting.
DESCRIPTION AND CONDITIONS
The Indian River County Volunteer Ambulance Squad was formed on May 1
1966. and has been operating continuously since the initial Certifi-
cate of Public Convenience and Necessity was issued. The Squad has
submitted an application for renewal of the existing Certificate of
Public Convenience and Necessity per the Ordinance referenced above.
An inquiry has been conducted.. and the findings are reflected in this
report.
The Squad has responded to a total of 3,524 calls during 1988 as of
the middle of September. The EMS provider has experienced the same
problems as other volunteer entities in the last few months in terms
of funding and staffing. Staffing problems appear to prevail when
compared to other issues. Since January, 1988, the Squad Board of
Directors has approved the hiring of eight (8) EMT's to be utilized as
needed to fully staff the daytime shifts. The paid EMT's now are used
to cover twenty-one (21) crews and volunteer EMT's cover seventy-nine
(79) crews. IRCVAS now staffs nine (9) crews per day (4 shifts x 2 +
1 mainside from the 6P to 12 midnight shift). This represents that
21% of the crews are staffed by paid EMT's and 79% are staffed by vol-
unteer EMT's. At present three (3) shifts are covered (0001-1800) with
two (2) crews, one each at the beach and mainland station. The 1800-
2400 shift is staffed with three (3) crews with two (2) mainland and
bne at the beach station.
The Squad currently has one hundred eighty-two (182) active volunteers
of all categories of which 57 are EMT's and 125 fall into other cate-
gories. Fifteen (15) volunteers are presently on leave of absence.
but are expected to return for shift work at various times. For the
period of January -July, 1988, the Squad lost ten (10) volunteers and
gained twenty-five (25) for a net gain of fifteen (15) volunteers.
The loss of volunteers can be attributed to:
1. IRCVAS coming on-line to Central Communications and certain
dispatchers leaving because they felt their involvement was
diminished in day to day operations of the Squad;
2. Increased requirements and training to retain certification;
3. Normal attrition and. discipline problems.
Although the schedules reflect that the shifts were scheduled to be
fully staffed for each. period of time, there has been occasions when a
firefighter EMT or a volunteer not on.duty had to be summoned or
picked up on short notice to staff a make-up crew for the BLS vehicle
for response to a call. However, it should be noted that no fire-
fighter
ire-
fighter has been utilized during 199a. -
32
99a. -
0C- 1 r 1988
32 HOF
74 FGE476
The IRCVAS fleet currently consists of seven (7) emergency transport
vehicles. An additional vehicle has been approved by HRS as a result__
of the matching (50-50) grant process. The fleet appears to be suf- -
ficient in terms of numbers to serve the assigned response area. It
should be noted that of the $51,101.56 total cost of the new vehicle,
$25,550.78 is being received from the matching grant. An additional
$22,966.00 has recently been received from distribution of proceeds
from an estate and $2,000.00 from another estate. The net cost for
IRCVAS is only $584.78 which will be paid from restricted donations.
Financial reports indicate that the Squad is solvent, although re-
serves have continued to be utilized for operational purposes during
the past year. A copy'of the Financial Status Report is included in
the report for perusal ending August 31, 1988.
The Squad is insured through the firm.of Burke, Bogart & Brownell,
Inc.. and is adequately insured under policy numbers GPPD16738C13 and
K00011375984. Copies of the insurance policies are available for re-
view in the Department of Emergency Management Services.
ALTERNATIVES AND ANALYSIS
The general consensus of the other EMS providers in Indian River
County was that the Certificate of Public Convenience and Necessity
should be renewed for the standard period of two years. From obser-
vation and comments it was generally felt that IRCVAS has worked
prodigiously in continuing to provide a quality EMS service.
The Medical Director also is concerned that the staffing levels must
be maintained, whether paid or volunteer, so that a deterioration in
the quality of care does not result. Dr. Moore remarked that the
Squad appears to be doing a creditable job.
It should be noted that the Certificate of Public Convenience and
Necessity approved for the Town of Indian River Shores recently was
based on IRCVAS improving its ability to respond to the total of its
service area including the North Heach area by June, 1989. This issue
has been discussed in detail with Chief Matt Wotherspoon and he
advised that the Squad would accomplish that objective.
In terms of anticipated additional staff, the Squad has 'seven (7)
First Aiders enrolled in EMT class. There is also four (4) EMT's en-
rolled in Paramedic class. Strung recruiting efforts are continuing
in an effort to secure and train additional volunteers. It was in-
dicated that the Squad is currently attempting to secure a parcel.of
land on the west side of the City on which to construct an additional
station. The Squad advises that they have commitments from a con-
tractor to construct the building free of charge if the Squad will
provide the materials.
It appears that the alternatives available to the Indian River County
Board of County Commissioners are as .follows:
1. Grant the request and -renew the Certificate of Public
'Convenience and Necessity to the Indian River County
Volunteer Ambulance Squad for a period of two years.
2. Grant the request for -renewal of the Certificate of Public
Convenience and Necessity to the Indian River County Vol-
unteer Ambulance Squad for a period of two years based on
the condition that:
A. IRCVAS position a third BLS EMS transport unit in the
western city limits within a reasonable time period
and fully staff the service location.
33 FOO
74 F, c 47
8. IRCVAS agree to respond to calls in the North Beach area
within permitted time frames alluded to in Ordinance
#87-66 by June 30, 1989.
C. IRCVAS staffing be reviewed within six (6) months and
a supplemental report be made to the Emergency Services
Coordinating Committee and the Board of County Com-
missioners.
3. Deny the renewal of the Certificate of Public Convenience
and Necessity requested by IRCVAS and bid/negotiate for
private entities to provide SLS EMS emergency medical
transport service on a fee basis.
4. Deny the renewal of the Certificate of Public Convenience
and Necessity requested by IRCVAS and direct staff to form-
ulate plans for Indian River County EMS emergency medical
transport service to become a paid service with volunteer
assistance.
RECOMMENDATION
Staff recommends alternative #2 and requests the Indian River County
Board of County Commissioners issue a Certificate of Public Conven-
ience and Necessity to the Indian River County Volunteer Ambulance
Squad for a period of two years with the referenced conditions.
There is no reason to believe that the Indian River County Volunteer
Ambulance Squad leadership will become dormant and not advance active
recruitment of new volunteers. The evaluation report in the six month
time frame should be of benefit to the Board of County Commissioners
in terms of awareness of potential problems or favorable comments for
elimination of system deficiencies. EMS training is on-going at the
Squad and this initiative is attributable to the current leadership.
The Indian River County Volunteer Ambulance Squad has provided the
citizens and populace of this area a great service and deserve to be
commended. On a shoestring, they have provided EMS service around the
clock and no doubt saved countless lives. The Squad has the respect
of the community and they should be given the opportunity to continue
to provide this free emergency medical transport service within the
assigned response area as long as overall EMS objectives are met and
service is provided within parameters established by the Board of
County Commissioners.
The Emergency Services Coordinating Committee unanimously approved the-_
staff recommendation on September 23, 1988, as contained in
Alternative #2.
Doug Wright, Director of Emergency Services, presented his
recommendation for approval of Alternative #2, which is to renew
the certificate for a period of two years based on the condition
that:
A. IRCVAS position a third BLS EMS transport unit in the
western city limits within a reasonable time period and
fully staff the service location.
B. IRCVAS agree to respond to calls in the North Beach area
within permitted time frames alluded to in Ordinance
#87-66 by June 30, 1989.
OCT11 1988
34
E1OOK 74 ME 478
C. IRCVAS staffing be reviewed within six (6) months and a
supplemental report be made to the Emergency Services
Coordinating Committee and the Board of County
Commissioners.
Chairman Scurlock opened the public hearing, and asked if
anyone wished to be heard in this matter. There being none, he
closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the renewal of the Certificate of Public Convenience
and Necessity to the Indian River County Volunteer
Ambulance Squad for a period of two years based on
the conditions as set out in Alternative #2 in the
above recommendation.
Commissioner Eggert thanked Matt Witherspoon for all he and
his staff have done for the community.
SALARY STUDY IMPLEMENTATION UPDATE
The Board reviewed the following memo dated 10/5/88:
TO:
oar • o oun y ommussioner • co • er
DATE:
SUBJECT: SALARY STUDY
IMPLEMENTATION
William G. Collins 11
FROM: Acting County Administrator REFERENCES:
FILE:
At the Board meeting of September 20th I was given the direction to
implement the plan for pay raises as presented to the Board on that date.
The Board expressed their confidence in the approach being taken and gave
me the discretion to make some equitable adjustments or fine tunings, and to
look at the implementation of a $5,000 salary cap. In the interim I have met
with several of the department heads to try and refine and eliminate
inequities within their departmental salary structures. As a result of these
adjustments and the implementation of the $5,000 cap the implementation of the
salary study stands as follows: --
35
35 MGK
0 11 1988
479
1. General Fund - Salary raises for employees within General Fund
Departments will be implemented within the budgetary allocation made
originally by the Commission in adopting the budget for fiscal year
88/89. Equitable adjustments combined with a $5,000 salary cap bring
total salary increases for the General Fund to $313,170. With benefits
added to salaries the total amount required is $391,462. This amount is
approximately $10,000 less than the amount budgeted by the Commission
for this fiscal year.
2. MSTU Fund - Equitable adjustments and implementation of the $5,000
salary cap (except for Community Development Director Keating) have
reduced the deficit in the MSTU fund budgeted for salary contingencies
from $49,480 to $20,643. At our earlier meeting, discussion indicated
that a budget amendment from MSTU Contingencies or from the refund
received in the time share lawsuit could be used to cover this $20,643
deficiency.
3. Housing Authority & Rental Assistance - The employees within these
departments were given a 5% pay raise. It was felt that increases
beyond the 5% amount should be initiated by the Housing Authority
Board rather than by the County Administrator.
4. Road and Bridge Fund - The Board had allocated $200,000 for salary
contingency in the 1988-89 budget. At full implementation this would
have amounted to a deficit of $64,111. With implementation of the $5,000
salary cap and some equitable adjustments, the deficit has been reduced
to $58,650. Recommendations for budget amendments to cover this
deficit will be forthcoming from the Director of the Office of Management
and Budget.
5. Other Departments
A. Petition Paving - 27% reduction below full implementation.
B. Solid Waste Management - no change.
C. Golf Course Operations 11-95 reduction.
D. Gifford Sewer - no change
E. Building Department - 11% reduction from original proposal. Note -
there are severe problems with the salary study as relates to plans
examiners and building inspectors, i.e. the salary classification plan
would have them making significantly less than they are right now.
Our current rates are competitive with surrounding jurisdictions.
This situation will be re-evaluated with the Personnel Department
and mid -year adjustments may be necessary. Most plans examiners
and building officials are receiving a 5% increase at this time.
F. Utilities - 12% reduction from original proposal.
G. Fleet Management - 15% reduction below original proposal.
Summary - The adjustments made to salaries based on considerations of
equity, plus the implementation of the $5,000 salary cap had the net effect of
trimming 18% off the amount needed for full implementation of the salary
survey. In other words, $193,640 (or if fringe benefits are included,
$242,050) was trimmed off the "full implementation" proposal for the salary
survey.
Final implementation of the salary survey will require a total increase in
salaries County -wide of $863,121. With fringe benefits added to that amount,
the total additional funding for salaries and benefits will come to $1,078,901.
Payroll adjustments will be seen in the next paychecks to County employees.
Budget amendments as required will be brought before the Board by the
County Commission. Since the Commission did make provision for salary
contingencies in the fiscal year 88-89 budget, there are no immediate
shortfalls and the budget amendments will make any necessary provisions to
cover future shortfalls.
36
OCT 11 1988
POOF 74 OGE 480
Implementation of the wage increases for members of the employees within the
CWA Bargaining Unit must be delayed because the Union filed a challenge to
the election results. As you recall the employees within the bargaining unit
voted to cease representation by the CWA. Until the Public Employees
Relation Commission determines whether there were any election irregularities,
any attempt by the County= -to implement wage increases apart from
negotiations with the CWA would be considered an unfair labor practice.
Therefore, until a resolution of this issue comes from PERC, employees within _:
the bargaining unit will have delays in any salary increases.
Administrator Collins advised that -no budget amendments are
required today, because money has been allocated, but if any of
these funds develop shortfalls, staff will come back to the Board
at that time. Road & Bridge is the one most likely to have a
problem.
Administrator Collins explained that implementing the salary
increases for members of the Communications Workers of America
(CWA) bargaining unit has to be delayed because the union filed a
challenge to the election results. He understood that it is
because of an allegation that supervisory personnel were
soliciting signatures or something to that effect. That
challenge was heard by the Public Employees Relations Commission
(PERC) before the election and was rejected; therefore, we
suspect that unless there is some new information, the appeal
probably will be rejected again. However, PERC has informed us
that any attempt to implement a wage increase outside of the
negotiations with the CWA bargaining unit could be construed as
an unfair labor practice. Until this appeal is decided, we have
to implement any wage changes through the union, and we are not
likely to see them at the bargaining table until this appeal is
determined. Unfortunately, the wage increases for the employees
within the union will be deferred until this is resolved.
Commissioner Wheeler asked if the salary increases would be
retroactive, and OMB Director Joe Baird advised that we cannot
even discuss the matter now, and Administrator Collins explained
that if we say that now, that could be construed as an unfair
labor practice.
37
OCT 11 1988
491
RECORDING OF MAINTENANCE MAP 34TH AVE. BETWEEN 45TH STREET AND
47TH STREET, GIFFORD
The Board reviewed the following memo dated 10/3/88:
TO:
FROM:
SUBJECT:
William G. Collins II
Acting County Administrator
James W. Davis, P.E.
Public Works Director�jr
Recording of Maintenance Map -
34th Avenue between 45th Street and 47th Street
Gifford
DATE: October 3, 1988
DESCRIPTION AND CONDITIONS
The County has constructed and maintained 34th Avenue between
45th Street and 47th Street during the past four years and prior.
Since the surrounding area is a "metes and bounds" subdivision
and no record plat has been filed, the County staff has prepared
a maintenance map for recordation as permitted in Florida
Statutes Section 95.361. After themaintenance map is filed, the
road will be paved as part of the Gifford Sewer Project.
RECOMMENDATION AND FUNDING
It is recommended that the maintenance map be approved and that
the Chairman be authorized to execute the map. No funding is
pertinent at this time.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the maintenance map for 34th Avenue between 45th St.
and 47th St., Gifford, and authorized the Chairman
to execute the map for filing.
MAINTENANCE MAP IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
38
0CT 11 1988
rooF
v_71.482
OFFERS OF BEACHFRONT PROPERTY IN NORTH COUNTY
The Board reviewed the following memo dated 10/5/88:
TO: Board of County Commissioners DATE: October 5, 1988 FILE:
SUBJECT:OFFERS OF BEACHFRONT
PROPERTY IN THE NORTH
COUNTY
FROM: William G. Collins II REFERENCES:
Acting County Administrator
We have recently received an inquiry from Barlow Heikes to determine
whether or not the County would be interested in the purchase of beachfront
property. This property is located to the south of property already acquired
by the County which was formerly known as the Lowenstein property. The
parcel offered would be south of our current North Beach Complex. The
County has additional lands below the North Beach Complex (which we have
sub -leased from the State) identified as the Lier tract and the Lowenstein
tract. South of the subject property are private parcels owned by Vero
Ventures (140 ft.), the Kennedy- tract (140 ft.), and a Janie Dean tract (146
ft.) . After these private parcels, we come to the.. "No. 11 Corporation" tract
which is now part of the North Beach Complex under sub -lease from the
State. South of the North Beach Complex is the Golden Sands complex _
although it is separated by private property.
I am requesting direction from the Board as to whether or not the County is
interested in pursuing additional purchases of beach front property in this
area.
ALTERNATIVES:
1. Pursue additional County purchases.
2. Refer the parcel to the State for possible purchase under the CARL
program.
3. Take an option to purchase the property or right of first refusal.
4. Make no further acquisitions in the area north of Wabasso Road.
RECOMMENDATION:
The value of the subject Heikes property may have increased approximately
50% since the County purchased the Lowenstein tract a year ago (see attached
memo from Right -of -Way Acquisition Agent Donald Finney). I recommend
Option 2, referring acquisitions of further beachfront property to the CARL
program at the State level.
39
OCT 'S88
ETU 74 F, � r 483
Commissioner Bird wasn't sure what the difference was
between the requirements for the CARL program and the
requirements for the Save Our Coasts program, and wished to see
this item tabled until further information can be brought back to
the Board.
Attorney Vitunac advised that Assistant County Attorney
Sharon Brennan was told last week by the DNR that CARL and Save
Our Coasts were out of money, but Administrator Collins pointed
out that CARL has earmarked certain funds for a priority list,
and believed that Indian River_County is 16th on that list.
Referring to a map of the county's coastline, he pointed out
which parcels the State and the County have acquired and those
parcels that still are in private ownership.
Commissioner Bird still felt that we need to get
clarification from the State as to the requirements of the CARL
program in regard to the future responsibilities for that land.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Alternative #2 to refer the parcel to the State for
possible purchase under the CARL program with further
information to be brought back to the Board on the CARL
program.
OFFERS TO SELL PROPERTY TO COUNTY NORTH OF ADMINISTRATION COMPLEX
The Board reviewed the following memo dated 10/5/88:
OCT 111988
40 BOOK 74 P'G.l
TO: Board of County Commissioners DATE:October 5, 1988 FILE:
William G. Collins II
FROM:Acting County Administrator
SUBJECT:OFFERS TO SELL PROPERTY
TO COUNTY NORTH OF
ADMINISTRATION COMPLEX
REFERENCES:
The County has been offered several parcels in the area north of the County
Administration Building.
1. Lot 7, Block 5, Booker T. Washington Subdivision.
Summary: 6,250 sq. ft. vacant
$23,000 ($3.68/sq.ft.)
Analysis: Board of County Commissioners authorized negotiations in
August. West of Purchasing Warehouse. Price in line with
recent acquisitions by condemnation for "New Health Dept<"
site (see attached map) .
Recommendation: Purchase @ $23,000 for possible Administration
Complex use.
2. West 3/4 of Lot 6, Block 6, Booker T. Washington Subdivision.
Summary: 4,687.5 sq. ft. vacant
$20,000 ($4.27/sq.ft.)
Analysis: Negotiations on the property were delays to determine
broker's commission split. East of Purchasing Warehouse.
Price 16% higher than recent acquisitions in the immediate
vicinity. Price should be lower since it is a smaller, less
usable property (3/4 lot).
Recommendation: Negotiate price of no more than $17,500 for
possible Administration Complex use.
Commissioner Eggert asked where this money is supposed to
come from, and Acting County Administrator Bill Collins explained
that the reason he placed this on the Agenda today is to have
some direction from the Board as to the purpose for buying this
property and where the money is coming from. He has heard some
talk about an administration complex expansion and knew we have
acquired property for the Health Department on the two blocks
OCT 11'1988
41
BOOK 74 F,.GE 485
north of 27th Street. These two parcels that have been offered
are cross -hatched on the two blocks south of 27th Street. The
price for Parcel #1 is in line with what we paid for the Health
Department parcels, but the price on. Parcel #2 is 16% higher.
Commissioner Eggert explained that the Health Department no
longer can plan on building in the hospital complex and they are
reconsidering this site. There is $75,000 remaining in that fund
to purchase these parcels. However, that same money could be
used for an architect.
Chairman Scurlock noted that we already have a site plan
prepared for the Health Dept. building on that site, but
Commissioner Eggert explained that the architectural work did not
include any consideration for primary health care. That 3.16
acre site has bad access and is really too tight, and we would
have to look across the street to this section for parking, etc.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the purchase of Parcel #1 with monies to come
from the $75,000 remaining in Health Dept. fund #305,
and authorized staff to negotiate on Parcel #2, as set
out in the above memo.
OFFER TO SELL PROPERTY TO COUNTY - 1849 25TH ST. - FORMER KIDNEY
DIALYSIS BUILDING
The Board reviewed the following memo dated 10/5/88:
TO: Board of County Commissioners DATE: October 5, 1988
William G. Collins II
FROM: Acting County Administrator REFERENCES:
FILE:
SUBJECT: OFFER TO SELL PROPERTY
TO COUNTY, 1849 25TH ST.
FORMER KIDNEY DIALYSIS
BUILDING
Summary: - 3,000 sq. ft.
- $145,000 ($48.33/sq. ft.)
- immediately south of County Administration Building
42
OCT 11 X988�ooK 74 f r�'r. 486
Analysis: The County has no pressing expansion needs currently. This
location is convenient to current County offices. Availability to transfer
certain County Divisions from 2001 Building @ lease expiration. No funding
identified.
Recommendation: Defer acquisition.
Request discussion and direction from the Board of County Commissioners.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously refused
the offer to purchase, the property described in the
above memo, as recommended by Administrator Collins.
OFFERS TO SELL PROPERTY TO COUNTY IN VICINITY OF COURTHOUSE/NEW
LIBRARY
The Board reviewed the following memo dated 10/5/88:
TO: Board of County Commissioners DATE: October 5, 1988 FILE: /
SUBJECT: OFFERS TO SELL PROPERTY
TO COUNTY IN VICINITY OF
COURTHOUSE/NEW LIBRARY
FROM: William G. Collins II REFERENCES:
Acting County Administrator
1. Old Rexall Building - NW Corner, Rt. 60 and 14th Avenue
Summary: for sale or lease
7,300 sq. ft. building
9,375 sq. ft. lot
$295,000 ($31.47/sq.ft.)
Analysis: Seller suggests as transition space until new courthouse
is built. Lease =may be preferable. Remodeling costs could
make project more costly than new construction.
Recommendation: Decline offer.
2. Lots between Courthouse and New Library site (Lots 12, 13, 14, Block
36
Summary: 18,750 sq. ft.
buildings must be demolished
$175,000 ($9.33/sq.ft.)
43
OCT 1 1 1988
BOOK 74 Ph is 481
Analysis: 15$ higher than cost of library site. 385$ higher than
comparable small lot sales (see attached memo from Don Finney
dated 12-8-88). Purchase is highly desirable to complete
Library/Courthouse Complex site acquisition.
Recommendation: Negotiate reasonable price or condemn.
3. Baptist Church Lots
Summary: $200,000
Analysis: No information provided as to area, price, etc. oral
communication only. No contact for followup. Price reputedly
above appraisal. Potential to use parking jointly.
Recommendation: None. Request BCC and staff input.
Commissioner Bird questioned the location of the properties
listed under Recommendation #3, and Chairman Scurlock offered to
make it clear to staff which lots we are talking about as he felt
he knew where everything was located over there. He suggested
that Administrator Collins talk with Reverend Hill and Deacon
Howard from First Baptist Church regarding these 3 lots.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
Recommendations #1, #2 and #3, as set out in the
above memo.
VISTA PROPERTIES REZONING
Administrator Collins recalled that at the meeting of
September 6, 1988 there was discussion by several members of the
Board that they would like to see a rezoning from CL to OCR on
the front commercial part of the old McKee Jungle Gardens site,
which had been rezoned to one-half residential and one-half
commercial. However, after that discussion ended, everyone
began rising from their seats to take a break, and when he asked
the Commissioners if we needed a Motion on their interest in
going from CL to OCR, he was told that he had the direction of
44
OCT 11 1988
tool( 74 PAF 488
the Board. He would like to have some clarification on this
Board's intention.
Commissioner Bowman asked if the Minutes from the meeting of
September 6, 1988 are clear, and Chairman Scurlock felt the thing
that possibly was not clear is whether there was a formal motion
by the Board to refer it to the P & Z for a County -initiated
rezoning request.
Commissioner Bird agreed that there is very definitely a
question on whether the Board's intention was made clear.
Administrator Collins advised that after that meeting, he
wrote a memo to the Planning staff directing them to initiate a
rezoning, which is scheduled to be heard by the Planning & Zoning
Commission this Thursday night. Yesterday, however, we had a
meeting with Attorney Gary Brandenburg, who is representing
someone with an interest in that site saying that they were
threatening to sue us over that rezoning and take us into federal
court.
Attorney Collins did not know if such a lawsuit would have
any merits, but Attorney Brandenburg has suggested that we delay
any further rezoning action on this property until we see how the
first set of lawsuits shake out. We do have a trial date, or at
least a docket call, for the end of this month on one lawsuit.
Chairman Scurlock felt it should go in front of the P & Z in
a public hearing, and if there are reasons to delay, Attorney
Brandenburg can explain it at that time.
Administrator Collins advised that Attorney Brandenburg
pointed out that there was no official motion to direct the
rezoning, and that the Minutes of that meeting reflect that it
was done based on the discussion and consensus at the time.
Commissioner Bird stated that it was his recollection that
the Commission did not take any formal action on directing the
Administrator or staff to initiate a further rezoning on this
property. He would have voted against it if there had been such
45
1988
BOOK FriE489
a Motion. He felt that we should learn by this, and in the
future, if this Commission is going to initiate a rezoning, it
needs to have some formal discussion, and a formal motion giving
clear direction to staff, and not just some casual comments that
can be misinterpreted as a consensus of the Board .
Administrator Collins recalled that although there wasn't
any motion, there was interest by three Commissioners to consider
OCR.
Commissioner Wheeler felt the bottom line is that it is
going to stay on the P & Z's agenda for Thursday evening.
Apparently we were in error, and' the policy from now on should be
that there will be be an official motion by the Board to give
clear direction to staff and not just a concensus.
Commissioner Bird pointed out that when the Board instructs
staff to take a look at County initiated rezoning, it is not
necessarily approving a rezoning. It may be that the Commission
may disagree at the final public hearing, which, in fact, has
happened more than once. He understood that the only action we
could take today is to pull it from the P & Z agenda if a
majority of the Commissioners agreed.
Administrator Collins confirmed that the Board had that
ability.
Attorney Bruce Barkett pointed out that he gave a complete
presentation on OCR at the September 6th meeting, and encouraged
the Board to leave it on the P & Z agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously agreed
to leave the McKee Jungle Gardens rezoning on the
agenda of the P & Z meeting of October 13, 1988.
RELEASE OF EASEMENT - BENT PINES SUBDIVISION - ALAN & NANCY
EMERICK
The Board reviewed the following memo dated 1016/88:
46
OCT 1 1 1988
74
BOOK ruE. 490
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 88-98, abandoning certain easements in the
replat of Bent Pine Subdivision, Unit 3 and Unit 4.
RESOLUTION NO. 88-98
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, ABANDONING CERTAIN
EASEMENTS IN THE REPLAT OF BENT
PINE SUBDIVISION UNT 3 AND UNIT 4.
WHEREAS, the Certificate.of Dedication for lots 19 and 20, in
the Replat of Bent Pine . Subdivision, Unit 3 and Unit 4 according
to the plat thereof, recorded in the office of the Clerk of the
Circuit Court of Indian River County, Florida in plat Book 11,
Pages 9,9-A, and 9-B contains a Statement of Intent for utility
easements "for the streets and easements shown on this replat are
dedicated for the use of Public Utilities, Cablevision, and the
Property Owners in all of the Bent Pine Subdivision" as shown in
Official Record Book 593, Pages 668, Official Records Book 598,
Page 2202, Official Records Book 619, Page 228, Official Records
Book 641, Page 2895, Public Records of Indian River County,
Florida; and _
WHEREAS, the retention of those easements serves no public
purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River County,
Florida, a political subdivision of the State of Florida, whose
mailing address is 1840 25th Street, Vero Beach, Florida 32960,
Grantor, to Alan & Nancy Emerick, c/o George G. Collins, Jr., as
Attorney, whose mailing address is 744 Beachland Blvd, Vero Beach,
Florida 32963, Grantee, as follows:
Indian River County does quit claim and abandon all right,
title and interest that it may have in the following described
easements:
47
O C T 11 1988 [Tor 74 r F 491
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE
This release of easement does not effect any rights which may
accrue to any of the lot owners within the Replat of Bent Pine
Subdivision, Unit 3 and Unit 4 by virtue of the Certificate of
Dedication as recorded in the Official Records of Indian River
County at OR Book 593, Page 668, OR Book 598, Page 2202, OR Book
619, Page 228, OR Book 641, Page 2895.
THIS RESOLUTION was moved for adoption by Commissioner
Eggert , seconded by Commissioner
Wheeler
, and
adopted on the 11th day of October, 1988, by the following
vote:
Commissioner Scurlock Aye
Commissioner Bowman Aye
Commissioner Bird Aye
Commissioner Eggert Aye
Commissioner Wheeler Aye
The Chairman thereupon declared the resolution
duly passed and adopted this llth , day of October
1988.
Ind$ n Rttlf Ca
ApprOvsd
Date
Admin.
Legal
-Cc)
10--6-86
Budget
N 4
Dept
a K
�a f �jX
Risk Mgr.
_A1 /.
OCT
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By
Don C. Scur
Chairman
Attest By
EXHIBIT "A"
Freda
Clerk
That 7.5 foot utility easement on the South boundary line of
lot 19 less the West ten (10) feet thereof and that 7.5 foot
utility easement on the North boundary line of lot 20, less
the West ten (10) feet thereof, said lots 19 and 20 being in
Unit IV, all as referenced on the replat of a portion of
Bent Pine Unit 3 and Unit 4, as recorded in Plat Book 11,
Pages 9, 9-A,and 9-B, Public Records of Indian River County,
Florida.
1 1988
48
BOOK 74 ME 492
RELEASE OF ESCROW FOR OAKRIDGE UNIT 2 SUBDIVISION
The Board reviewed the following memo dated 9/27/88:
TO:
William G. Collins II
Acting County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Dave Cox,
Traffic Engineering Manager
SUBJECT: Oakridge Investments Inc. Release of Escrow
for Oakridge Unit 2 Subdivision
DATE: September 27, 1988
On September 26, 1988, Engineering Division staff conducted a
re -inspection of the improvements constructed as a part of
Oakridge Unit 2 Subdivision. All the items that were listed as
deficiencies during the inspection of July 21, 1988 have been
corrected.
Staff's recommendation is to approvetherelease of the funds in
the amount of $14,000 escrowed in the June 30, 1987 agreement
between the County and Oakridge Investments Inc.
OCT 1 1 1988
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board adopted Resolution
88-99, approving a request to release a cash deposit
and escrow agreement for required improvements in the
Oakridge Unit 2 Subdivision.
49
BOOK
74 F', E 493
RESOLUTION 88-99
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPROVING A
REQUEST TO RELEASE A CASH DEPOSIT AND ESCROW AGREEMENT FOR
REQUIRED IMPROVEMENTS IN THE OAKRIDGE UNIT 2 SUBDIVISION (A THREE
PARTY AGREEMENT -DEVELOPER, BANK, COUNTY)
WHEREAS, the County, developer, and bank have entered
into a three party escrow agreement to guarantee maintenance of
Oakridge Unit 2 Subdivision.
WHEREAS, the Developer has maintained, kept in repair
said improvements and now requests release of escrowed funds.
WHEREAS, Public Works has verified that said
improvements are acceptable and ..,=escrow agreement has been
satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The Board hereby authorizes the bank to release
escrowed funds to the Developer.
The foregoing resolution was offered by Eggert
Wheee,and uponbeingputto a
moved its adoption. The
motion
seconded
bvote,e
Commissionersvote
was as follows
Chairman Don C. Scurlock, Jr.
Vice Chairman Gary C. Wheeler
Commissioner Margaret C. Bowman
Commissioner Carolyn K. Eggert
Commissioner Richard N. Bird
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 11 day of October
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Attest:i
Freda Wright, OY k
State of Florid
County of Indian ver aunty
1988.
By: -‘40,c.,
Do. Sci'irloc Chairman
ROCKRIDGE AREA SANITARY SEWER SYSTEM - CANCELLATION OF CHANGE
ORDER #2 - GRINDER PUMP
The Board reviewed the following memo dated 10/3/88:
50
OCT 11 1988
BOOK 74 P.1;E 494
TO:
THRU:
FROM:
WILLIAM G. COLLINS, II DATE: OCTOBER
ACTING COUNTY ADMINISTRATOR 43?
DIRECTOR OF UTILITY SERVICES
ERNESTINE W. WILLIAMS ,,Z1i7
MANAGER, PROJECT ADMINISTRATION
DEPARTMENT OF UTILITY SERVICES
TERRANCE G. PINTO
SUBJECT: ROCKRIDGE AREA SANITARY SEWER SYSTEM
E.P.A. PROJECT C-120502060
INDIAN RIVER COUNTY PROJECT NO. US -87 -08 -CCS
CHANGE ORDER NO. 2 - GRINDER PUMP
3, 1988
BACKGROUND
Change Order No. 2 was _approved by the Board on May 31, 1988,
contingent upon EPA's approval. I wish to inform the Board that EPA
has rejected the Change Order requesting direct purchase of grinder
pump units and emergency _generators for the project because direct
purchasing would not meet the requirements in accordance with grant
conditions.
The alternatives
objecting to EPA's
under the original
will not allow the
equal to the sales
would be to request an Administrative Hearing` -i,
denial or to cancel Change Order No. 2 and proceed
contract. Proceeding under the original contract
County to benefit from the reduction of the amount
tax due. -
RECOMMENDATION
It is recommended that we do not request an Administrative Hearing plus
damages because delay of time would greatly exceed the amount of money
gained and we feel we would be unsuccessful in the challenge. EPA has
approved the funding of their portion of the sales tax.
The staff of the Department of Utility Services recommends that the
Board approves the cancellation of Change Order No. 2.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the cancellation of Change Order No. 2, as set out
in the above recommendation.
ROCKRIDGE AREA SANITARY SEWER SYSTEM - APPROVAL OF PRELIMINARY
ASSESSMENT ROLL AND SCHEDULING OF PUBLIC HEARINGS
The Board reviewed the following memo dated 9/28/88:
51
OCT 111988
BOOK PAGE 495
TO:
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
WILLIAM G. COLLINS, II
ACTING COUNTY ADMINISTRATOR
FROM: ERNESTINE W. WILLIAMS
MANAGER, PROJECT ADMINISTRATION
DEPARTMENT OF UTILITY SERVICES
DATE: SEPTEMBER 28, 1988
SUBJECT: ROCKRIDGE AREA SANITARY SEWER SYSTEM
E.P.A. PROJECT C-120502060
INDIAN RIVER COUNTY PROJECT NO. US -87 -08 -CCS
PRELIMINARY ASSESSMENT ROLL
BACKGROUND
The Rockridge area low p=ressure grinder pump system installation is
ready for approval of the Preliminary Assessment Roll and project
construction.
ANALYSIS
Resolutions establishing assessment criteria and setting the Public-.
Hearing date are attached.
The total estimated cost is $2,526,826.00, which has been reduced by
state and federal grants, resulting in an assessed cost of
$1,315,300.00 ($3,200.00 per unit) to be paid by the property
owners. This cost has been distributed among the property owners on
the basis of line extension, grinder pump, and impact fee as shown
in the attached Preliminary. Assessment Roll.
A summary of the derivation .of project costs is included in the
package.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board approve the Preliminary Assessment Roll and assignment of the
Public Hearing date.
September 28, 1988
SUMMARY SHEET
FOR
PRELIMINARY ASSESSMENT ROLL
ROCKRIDGE SEWER SYSTEM
INDIAN RIVER COUNTY, FLORIDA
• EMU'S • 422
• PUMPS 404
IMPACT FEE 9 505,000.00
PUMP FEE 9 282,800.00
LINE FEE 8 527,500.00
TOTAL ASSESSMENT 81,315,300.00
52
®C-1 1 1988
BOOK 74 FADE 496
SUMMARY SHEET
FOR
INDIAN RIVER COUNTY PROJECT NO. UW-87-08—DS
ROCRRIDGE SANITARY SEWER SYSTEM
E.P.A. PROJECT C-120502060
INDIAN RIVER COUNTY, FLORIDA
CONSTRUCTION COST $2,001,313
ENGINEERING COST:
ASSESSMENT ROLL $ 1,000
EXHIBIT B—(DESIGN) a 41,100
EXHIBIT C—GENERAL SERVICES 32,135
EXHIBIT D—RESIDENT INSPECTION 66,406
EXHIBIT E—CERTIFICATION 2,400 149,041
FINANCING COSTS 96,752
ADMINISTRATIVE COSTS 50,000
SUB—TOTAL: $2,297,106
CONTINGENCY COST — 10%
TOTAL:
LESS GRANTS:
IMPACT FEES:
TOTAL ASSESSMENTS:
COUNTY'S PORTION:
229,710
$2,526,826
(1,692,686)
$ 834,140
505,000
$1,339,140
1,315,300
$ 23,840
Attorney Vitunac advised that Chuck Sieck, our bond counsel,
asked that we adopt two resolutions for each of projects, i.e.
the grinder pump, line extension and impact fees.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation and adopted Resolutions 88-100,
88-101, 88-102, 88-103, 88-104, and 88-105.
PRELIMINARY ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
53
0 CT 11 088
BOOT.
74 FA E 497
RESOLUTION NO. 88- 100
A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR:
SPECIAL ASSESSMENTS FOR
GRINDER POIRPS FOR—TRE RUCKR I DGE
AREA SANTTARt4—SER—SVSTEM TE.P.A.PROJECT
C17 07060jDES•TGNATED AS PROTECT—US=-67 CCS
WHEREAS, the Board of County Commissioners of Indian
River County has determined that the improvements herein
described and, to defray the cost thereof and in connection
therewith, the special assessments against the properties
hereinafter described, all of which relate to. Project No.
US87-08-CCS, are necessary to promote the public welfare of
the county,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a low
pressure grinder pump system shall be installed in
approximately 404 properties designated on the assessment
plat with respect to the special assessments, and the cost
thereof and in connection therewith shall be specially
assessed in accordance with the provisions of §11-42 through
§11-47, of the Code of. Laws and Ordinances of Indian River
County. Provisions of the U.S. Environmental Protection
Agency (EPA) Grant, Project No. C120502060 shall also apply.
2. The total estimated cost of the above-described
improvements is shown to be $881,879, but the total cost has
been reduced by state and federal grants in the amount of
$599,079, resulti,pgs,in an assessed cost of $282,800 ($700
per unit) to be paid by the property specially benefited.
3. A special assessment in the amount of $700 shall be
assessed against each of the 404 properties designated on
the assessment plat.
4. The special assessments shall be due and payable
and may be paid in full within 90 days after the date of the
resolution of the Board with respect to credits against the
special assessments after completion of the improvements
(the "Credit Date") without interest. If not paid in full
54
OCT 1 X988 fkooli 74 FA E 498
RESOLUTION NO. 88-100
the special assessments may be paid in 120 equal monthly
installments of principal plus Interest. If not paid when
due, there shall be added a penalty of 11% of the principal
not paid when due. The unpaid balance of the special
assessments shall bear interest at a rate of 1% above the
interest rate paid on the bonds issued in connection
herewith from tli,e,Credit Date until paid.
5. There is presently on file with the Department of
Utility Services a plat showing the area to be assessed,
plans and specifications, andan estimate of the cost of the
•
proposed improvements. All of these are open to inspection
by the public at the Department of Utility Services.
6. An assessment roll with respect to the .special
assessments shall promptly be prepared in connection with
the special assessments.
7. Upon the adoption of this resolution, the Indian
River County Utilities Services Department shall cause this
resolution to be published at least one time in the Vero.
Beach Press Journal before the public hearing required by
§11-46.
The resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by Commissioner
Wheeler and, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice-Ch,aiirman Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly
passed and adopted this llth day of October , 1988.
Attest
redaWr gIi t ,
c.
OCT 111988
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By e,,�_c,
—Don D.
Chairman
55
Ku 74 w,[ 499
RESOLUTION NO. 88- 101
A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME
AND PLACE AT WHICH THE OWNERS OF PROPERTY IN THE:
ROCKRIDGE SANITARY SEWER AREA (E.P.A. C120502060)
15ESTCFIATED AS PROJECT US -87 -o8 -CCS
TO RE SPECIALLY ASSESSED-WTTR-RECARISTO A
`-LOW PRESSURE CRTRDER PUMP SYSTEM -`-
AND OTHER PERSONS INTERESTED THEREIN MAY APPEAR
BEPORE—T -BOARD OF COUNTY COMM ISS I ONERS AND BE
REARD AS TO THE PROPRT
COWSTRUCTTNG SUCH SYSTEM, AS TO THE COST THEREOF,
THE UAT" HL:REOF TO BE SPECIALLY ASSESSED
AGAINST R -PRORERTy-BENEFITEb THEREBY.
WHEREAS, the Board of County Commissioners of Indian
River County has, by Resolution No. 88-100 , determined that
it is necessary for the public welfare of the citizens of
the county, and particularly"as to those living, working,
and owning property within the area described hereafter,
that a low pressure grinder pump system be installed in
approximately 404 properties hereinafter described; and
WHEREAS, it has been determined that the cost to be
specially assessed with respect thereto shall be $282,800;
and
WHEREAS, the Board of County Commissioners has caused
an assessment roll to be completed and filed in the Utility
Services Department; and
WHEREAS, §11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the properties to be assessed
or any other pers,gs interested therein may appear before
the Board of County Commissioners and be heard as to the
propriety and advisability of constructing such system, as
to the cost thereof, as to the manner of payment therefor,
and as to the amount thereof to be assessed against each
property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission shall meet at the County
Commission chambers in the County Administration Building at
the hour of 9:05 A.M. on November 1, 1988, at which time the
owners of the properties to be assessed. and any other
persons interested therein may appear before said Commission
and be heard in regard thereto, the area to be improved and
the properties to,, be specially benefited by the construction
56
OCT 11 1988
BOOK 74 f AiiF. 500
OCT 11 198
RESOLUTION NO. 88-101
of such system are more particularly described upon the
assessment plat and the assessment roll, with regard to the
special assessments.
2. That all persons interested in the construction of
said system and the special assessments against the
properties to be specially benefited may review the
assessment plat showing the area to be assessed, the
assessment roll, the plans and specifications for said
system, and an estimate of the cost thereof at the
Department of Utility Services any week day from 8:30 A.M.
until 5:00 P.M.
3. Notice of the time and place of this public hearing
shall be given by the Department of Utility Services by two
publications in the Press Journal Newspaper a week apart.
The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Utilities
Services Department shall give the owner of each property to
be specially assessed at least ten days notice in writing of
such time and plae, which shall be served by mailing a copy
of such notice to each of such property owners at his last
known address.
The resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by Commissioner
Wheeler and, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
2nd Resolution/1st Part
Resolution No. 88- 101
The Chairman thereupon declared the resolution duly
passed and adopted this llth day of October . 1988•
Attest
Cd/
Frea gfit, CTT
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORI
By
11:'>et�
Don cur
Chairman
57
(IMF 74 r ,F 501
RESOLUTION NO. 88- 102
A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR:
SPECIAL ASSESSMENT FOR LINE EXTENSIONS FOR THE
fiOCUTOCE—ARRA—SARTTAR4—SEWER—SYST --
-TE:P.A. PROJECT—ET onM 'EO)
DESTCRATED-As-PROJECT-05=t7=bg-CCS
WHEREAS, the Board of County Commissioners of Indian
River County has determined that the improvements herein
described and, to defray the cost thereof and in connection
therewith, the special assessments against the properties
hereinafter described, all of which relate to Project No.
US87-08-CCS, are necessary to promote the public welfare of
the county,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The . County does hereby determine that line
extensions shall be installed to approximately 422
properties designated on the assessment plat with respect to
the special assessments, and the cost thereof and in
connection therewith specially assessed in accordance with
the provisions of §11-42 through §11-47, of the Code of Laws
and Ordinances of Indian River County. Provisions of the
U.S. Environmental Protection Agency (EPA) Grant, Project
No. C120502060 shall also apply.
2. The total estimated cost of the above-described
improvements is shown to be $1,621,107, but the total cost
has been reduced by state and federal grants in the amount
of $1,093,607, resui,;ing in an assessed cost of $527,500
($1,250 per unit) to be paid by the property specially
benefited.
3. A special assessment in the amount of $1,250 shall
be assessed for each of the 422 properties designated on the
assessment plat.
4. The special assessments shall be due and payable
and may be paid in full within 90 days after the date of the
resolution of the Board with respect to credits against the
special assessments after completion of the improvements
(the "Credit Date") without interest. If not paid in full
OCT 11 1988
58
800IC 74 l'AGE 502
RESOLUTION NO.
88-102
the special assessments may be paid in 120 equal monthly
installments of principal plus interest. If not paid when
due, there shall be added a penalty of 11% of the principal
not paid when due. The unpaid balance of the special
assessments shall bear interest at a rate of 1% above the
interest rate paid on the bonds issued in connection
herewith from the Credit Date until paid.
5. There is presently on file with the Department of
Utility Services a plat showing the area to be assessed,
plans and specifications, and an estimate of the cost of the
proposed improvements. All of these are open to inspection
by the public at the Department of Utility Services.
6. An assessment roll with respect to the special
assessments shall promptly be prepared In connection with
the special assessments.
7. Upon the adoption of this resolution, the Indian
River County Utilities Services Department shall cause this
resolution .to be published at least one time in the Vero
Beach Press Journal before the public hearing required by
§11-46. •
The resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by Commissioner
Wheeler and, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler Aye
Conmissiope'r Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly
passed and adopted thisllth day of October 1988.
Attest
OCT 11
g88
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORI.A
By _
—6onc r ock,
Chairman
59
BOOF 74 F'.4f-,L 503
RESOLUTION NO. 88- 103
A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME
AND PLACE AT WHICH THE OWNERS OF PROPERTY IN THE:
ROCKRIDGE SANITARY SEWER AREA (E.P.A. C120502060)
DESTGNATED—WPROJECT
us -117 CCS
TO—BE—SPEZ'TALLY—ASSESSED WITH REGARD TO
LINE EXTENSIONS
AND OTHER PERSONS INTERESTED THEREIN MAY APPEAR
BEFORE— Y E` 17 RD DF COUNTY COMMISSIONERS AND BE
REARD AS TO THE PROPRIETY ANO ADVISABILITY OF
CONSTRU ` 1 ' •l, • THE COST
TREREOF, AS TO,THE MANNER OF PAYMENT—THEREFOR, AND
AS— • `'• ` • • CIALLY ASSESSED
AOATNST EACR-PROPERT7-EENEFTTEb THEREBY.
WHEREAS, the Board of County Commissioners of Indian
River County.has, by Resolution No. 88- 102, determined that
it is necessary for the public welfare of the citizens of
the county, and particularly as to those living., working,
and owning property within the area described hereafter,
that line extensions be installed to approximately 422
properties hereinafter described; and
WHEREAS, it has been determined that the cost to be
specially assessed with respect thereto shall be $527,500;
and
WHEREAS, the Board of County Cgmmissioners has caused
an assessment roll to be completed and filed in the Utility
Services Department; and
WHEREAS, §11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the properties to be assessed
or any other pers.pns interested therein may appear before
the Board of County Commissioners and be heard as to the
propriety and advisability of constructing such line
extensions, as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be
assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission shall meet at the County
Commission chambers in the County Administration Building at
the hour of 9:05 A.M. on November 1, 1988, at which time the
owners of the properties to be assessed and any other
persons interested therein may appear before said Commission
and be heard in regard thereto, the area to be improved and
60
OCT 11 1988
BOO 74 FAGE 504
Resolution No. 88- 103_
the properties t9 ire specially benefited by the construction
of such line extensions are more particularly described upon
the assessment plat and the assessment roll, with regard to
the special assessments.
2. That All persons interested in the construction of
said line extensions and the special assessments against the
properties to be specially benefited may review the
assessment plat showing the area to be assessed, the
assessment roll, the plans and specifications for said line
extensions, and an estimate of the cost thereof at the
Department of Utility Services any week day from 8:30 A.M.
until 5:00 P.M.
3. Notice of the time and place of this public hearing
shall be given by the Department of'Utility Services by two
publications in the Press Journal Newspaper a week apart.
The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Utilities
Services Department shall give the owner of each property to
be specially assessed at least ten days notice in writing of
such time and place, which shall be served by mailing a copy
of such notice to each of such property owners at his last
known address.
The
Eggert
Wheeler
follows:
resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner
and, upon being put to a vote, the vote was as
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 11th day of October , 1988.
OCT 111 1988
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
61
bon .-ScurToc
Chairman
BOOK 74 PAGE 505
RESOLUTION NO. 88- 104
A RESOLUTION OF INDIAN RIVER COUNTY
PROVIDING FOR:
SPECIAL ASSESSMENTS IN LIEU OF SEWER
IMPACT FEES FOR THE ROCKRIDGE AREA
. SANITARY SEWER SYSTEM
(E.P.A. PROJECT C120502060)
DESIGNATED AS PROJECT US -87 -08 -CCS
WHEREAS, the Board of County Commissioners of Indian River
County, Florida (the "Board" and the "County", respectively) has
determined that making available special assessments in lieu of
sewer impact fees with respect to the properties designated on the
assessment plat with respect thereto is necessary to promote the
public health, safety and welfare of the County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby impose a special assessment in
lieu of the sewer impact fee against each of the 404 properties
designated on the assessment plat. In the event that the sewer
impact fee with respect to a property is not paid within ninety
(90) days after the date of written notice from the County that
it.
is due and payable (the "Notice Date"), the owner, of said property
shall be deemed for all purposes to have cdnsented to the special
assessment in lieu of the sewer impact fee against said property.
In the event that the owner of a property shall have consented with
respect to said property, the sewer impact fee with respect to said
property shall not be imposed, anything to the contrary contained
in any ordinance or other„provision of law notwithstanding.
2. The special assessments in lieu of sewer impact fees
hereby imposed are made in accordance with the provisions of
Sections 11-51 through 11-53 of the Code of Laws and Ordinances of
the County. •
3. The special assessments shall be paid in 120 equal
monthly installments of principal plus interest. If not paid when
due, there shall be added a penalty of 1-1/2% of the principal not
paid when due. The unpaid balance of the special assessments shall
bear interest at a rate of 1% above the interest rate paid on the
OCT 11 1988
62
ROOF
74 FALE 506
RESOLUTION NO. 88-104
bods issued in connection herewith from the Notice Date until
paid.
4. There is presently on file with the Department of
Utility Services a plat showing the properties to be specially
assessed. Said plat is open to inspection by the public at the
Department of Utility Services.
5. An assessment roll with respect to the special
assessments shall promptly be prepared in connection with the
special assessments.
6. Upon the adoption of thisresolution, the Indian River
County Utilities Services Department shall cause this resolution to
be published at least one time in the Vero Beach Press Jovrnal
before the public hearing required by Section 11-52.
The resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by Commissioner
Wheeler and, upon being put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr.
Vice -Chairman Gary C. Wheeler
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman
Commissioner Carolyn K. Eggert
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 11th day of October 1988.
,:✓'' BOARD OF. COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
B
Attest
63
OCT 11 1988
G
Do — . Scur ock
Chairman
`� _E 1507
RESOLUTION NO. 88- 105
A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME AND
PLACE AT WHICH THE OWNERS OF PROPERTY IN THE:
ROCKRIDGE SANITARY SEWER AREA (E.P.A. 0120502060)
DESIGNATED AS PROJECT U$ -87 -08 -CCS
TO BE SPECIALLY ASSESSED IN LIEU OF SEWER IMPACT FEES AND
OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE
BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO ANY
COMPLAINT AS TO THE SPECIAL ASSESSMENTS IN LIEU OF SEWER
IMPACT FEES.
WHEREAS, the Board of County Commissioners of Indian River
County has be Resolution No. 88- 104 determined that it is
necessary for the public welfare of the citizens of the county, and
particularly as to those living, working, and owning property
within the area described hereafter, that a special assessment in
lieu of sewer impact fees in the amount of $1,250 be imposed on
the 404 prbperties hereinafter described; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed in the Utility Services
Department; and
WHEREAS, Section 11-52, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and place
at which the owners of the property to be assessed or any other
persons interested therein may appear before the Board of County
Commissioners and be heard as to any complaints as to the special
assessments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission shall meet at the County Commission
chambers in the County'Administration Building at the hour of 9:05
a.m. on November 1, 1988, at which time the owners of the
properties to be specially assessed and any other persons
interested therein may appear before said Commission and be heard
in regard thereto. The properties to be specially assessed are
more particularly described upon the assessment plat and the
assessment roll with regard to the special assessments.
2. All persons interested in the special assessments may
review the assessment plat showing the area to be assessed and the
assessment roll with respect to the special assessments at the
OCT 11
988
64
FlOO
74 FnE5D8
RESOLUTION NO. 8 8 -10 5
Department of Utility Services any week day from 8:30 a.m. until
5:00 p.m.
3. Notice of the time and place of this public hearing shall
be given by the Department of Utility Services by two publications
in the Press Journal Newspaper a week apart. The last publication
shall be at least one Week prior to the date of the hearing. The
Indian River County Utilities Services Department shall give the
owner of each property to be specially assessed at least ten days
notice in writing of such time and place, which shall be served by
mailing a copy of such notice to each of such property owners at
his last known address.
The resolution was moved for adoption by Commissioner
Eggert ., and the motion was seconded by Commissioner
Wheeler and, upon being put to a vote, the vote was as
follows:
.
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Ay
e
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 21thday of October
Attest:
FredaW iU Cl
OCT 11 1988
64a
1986.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
,4
By: ♦ c.
Don . Sc riock,
Chairman
ROOK 74 FM E 509
APPROVAL OF PROFESSIONAL CIVIL ENGINEERING MASTER AGREEMENT WITH
CARTER ASSOCIATES, INC. - WATER, WASTEWATER AND OTHER RELATED
UTILITY APPLICATION SERVICES
The Board reviewed the following memo dated 9/30/88:
TO:
THRU:.
FROM:
WILLIAM G. COLLINS, II
ACTING COUNTY ADMINISTRATOR.
TERRANCE G. PINTO /i(.* --
DIRECTOR OF UTILITY SERVICES
WILLIAM F. McCAI
PROJECTS ENGINEE
DEPARTMENT OF UT LITY SERVICES
DATE: SEPTEMBER 30, 1988
SUBJECT: BOARD APPROVAL OF MASTER AGREEMENT FOR
CARTER ASSOCIATES, INC.'
BACKGROUND
Several months ago Indian River County undertook
to short list various engineering consultants.
and Associates, Inc., were short listed under
(Surveying other than directly related to -design
RECOMMENDATION
a selection process
The firm of Carter
Classification #1
project) .
The Utility staff recommends that the Board of County Commissioners
approve the signing of the attached master agreements with Carter
and Associates, Inc.
Commissioner Wheeler noted that the next 4 items on today's
agenda are also for approval of master agreements, and asked why
we are approving all these contracts at one time instead of when
we actually need them.
Utilities Director Terry Pinto explained that with a master
agreement, we don't need a special contract for each and every
service. The master agreements do not give out work, but as we
need work, we will negotiate a work authorization which comes
back to the Board for approval as part of the contract.
Chairman Scurlock understood a change in the language was to
have been made under the SAFETY section of these contracts
OCT 111988
65
BOOK
P L 510
stating that the General Contractor is solely responsible for job
site safety rather than the engineer and that the engineer may
report any observed safety violations.
Attorney Vitunac advised that most of the engineering firms
agreed with the language as written. Several of them questioned
it, and two of those have accepted some revised language which
adds a sentence under the SAFETY section that say the General
Contractor shall be solely responsible for safety, but the
engineer may report any observed safety violations. Those two
firms, which are not before the_Board today, have agreed to that
type of language.
Chairman Scurlock wanted the language changed in all of
these master agreements stating that the Contractor is solely
responsible for job site safety, and the Engineer may report any
observed safety violations at the job site to the Project
Engineer and the Contractor's Representative.
Commissioner Eggert asked if it made a difference that Lloyd
& Associates has been sold, but Director Pinto explained that the
new owners will keep the same name.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Professional Civil Engineering Master Agreement
with Carter Associates, Inc. for water, wastewater and
other related utility applications services under
Classification #1 - Surveying Other Than Directly
Related to Design Project, with the modification in the
safety language stating that the Contractor is solely
responsible for site safety.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
APPROVAL OF PROFESSIONAL CIVIL ENGINEERING MASTER AGREEMENT WITH
G & E ENGINEERING, INC. - WATER, WASTEWATER AND OTHER RELATED
UTILITY APPLICATIONS SERVICES
The Board reviewed the following memo dated 9/29/88:
OCT 11'0-88
66
L'OOI. 74 WA 511
TO: WILLIAM G. COLLINS, II
ACTING COUNTY ADMIN(I)STRATOR
THRU: TERRANCE G. PINTO 1C
DIRECTOR OF UTILITY ERVICES
FROM: WILLIAM F. McCAIN
PROJECTS ENGINEER\
DEPARTMENT OF UTILITY SERVICES
DATE: SEPTEMBER 29, 1988
SUBJECT: BOARD APPROVAL OF MASTER AGREEMENT FOR
G &'E ENGINEERING, INC.
BACKGROUND
Several months ago Indian River County undertook a selection process
to short list various engineering consultants. The firm of G & E
Engineering, Inc., were short listed under the following
Classifications #14, and 15 (see listing on cover letter which
accompanies the attached contract.)
RECOMMENDATION
The Utility staff recommends that the Board of County Commissioners
approve the signing of the attached master agreements with G & E
Engineering, Inc.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Professional Civil Engineering Master Agreement
with G & E Engineering, Inc. for water, wastewater, and
other related utility applications services -
Classification #14 - Hydrological Studies and
Classification #15, - Special Projects - with the
modification in the safety language stating that the
Contractor is solely responsible for site safety.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
APPROVAL OF PROFESSIONAL CIVIL ENGINEERING MASTER AGREEMENT WITH
MARSHALL, McCULLY & ASSOCIATES - WATER, WASTEWATER, AND OTHER
RELATED UTILITY APPLICATIONS SERVICES
The Board reviewed the following memo dated 9/26/88:
67
OCT 11 988
Boor 74 Pa JE 512
TO: WILLIAM G. COLLINS, II
ACTING COUNTY ADMINIST
THRU: TERRANCE G. PINT
DIRECTOR OF UTILI
FROM:
WILLIAM F. McCAIN
PROJECTS ENGINEE
DEPARTMENT OF UTILITY
VICES
SERVICES
DATE: SEPTEMBER 26, 1988
SUBJECT: BOARD APPROVAL OF MASTER AGREEMENT FOR
MARSHALL, MCCULLY AND ASSOCIATES.
BACKGROUND
Several months ago Indian River County undertook a selection process
to short list various engineering consultants. The firm of
Marshall, McCully and Associates, were short listed under the
following classifications #8, 9, 10, 11, 13 (see listing on cover
letter which accompanies the attached contract.)
RECOMMENDATION
The Utility staff recommends that the Board of County Commissioners
approve the signing of the attached master agreement with Marshall,
McCully and Associates.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Professional Civil Engineering Master Agreement
with Marshall, McCully & Associates for water,
wastewater and other related utility applications
services: Classification #8 - Project Management 6
Inspection Not Related to the Firm's Own Design
Project; Classification #9 - Effluent Line Extensions,
Related Pumping Stations; Classification #10 - Waste-
water Gravity & Force Main and Related Pumping
Stations; Classification #11 - Water Line Extensions
and Related Pumping Stations; and Classification #13 -
Plan Review for Projects Submitted by Developers to IRC
Utilities; with the modification in the safety Language
stating that the Contractor is solely responsible for
job site safety.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
68
00 11!98
BCC 4 FAU513
APPROVAL OF PROFESSIONAL CIVIL ENGINEERING MASTER AGREEMENT WITH
MASTELLER & MOLER ASSOCIATES, INC. - WATER, WASTEWATER, AND
RELATED UTILITY APPLICATIONS SERVICES
The Board reviewed the following memo dated 9/23/88:
TO: WILLIAM G. COLLINS, II /�
ACTING COUNTY ADMINISTRA ORI
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY S
FROM:
WILLIAM F. McCAIN
PROJECTS ENGINEER1
DEPARTMENT OF UTILITY SERVICES
DATE: SEPTEMBER 23, 1988
SUBJECT: BOARD APPROVAL OF MASTER AGREEMENT FOR 1. MASTELLER AND
MOLER ASSOCIATES, INC., 2. MASTELLER AND MOLER AND REED
BACKGROUND
Several months ago Indian River County undertook a selection process
to short list various engineering consultants. The firm .of
Masteller and Moler Associates, Inc., were short listed under the
following classifications #3, 8, 9, 10, 11, 12, 21 (see listing on
cover letter which accompanies the attached contract.)
Masteller, Moler and Reed, Inc., were short listed under
classification number #1 - (surveying other than directly related to
design project.)
RECOMMENDATION
The Utility staff recommends that the Board of County Commissioners
approve the signing of the attached master agreements with each of
the aforementioned firms.
OCT 11 1988
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Professional Civil Engineering Master Agreement
with Masteller & Moler Associates, Inc. for water,
wastewater, and other related utility applications
services:
Classification #3 - Design, Permitting, Bidding,
Construction Management of Wastewater Treatment Plants
- Up to 3MGD
Classification #8 - Project Management & Inspection Not
Related to the Firm's Own Design Project
69
BOOK 74 [Ar,E514
Classification #9 - Effluent Line Extensions, Related
Pumping Stations
Classification #10 - Wastewater Gravity & Force Main &
Related Pumping Stations
Classification #11 - Water Line Extensions and Related
Pumping Stations
Classification #12 - Water Storage Tanks
Classification #21 - Formulation of Assessments;
-with the modification in the safety language that
states that the Contractor is solely responsible for
job site safety.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Professional Civil Engineering Master Agreement
with Masteller, Moler, & Reed, Inc., for water,
wastewater, and other related utility applications
services, - Classification #1 - Surveying Other Than
Directly Related to Design Project; with the
modification in the safety language stating that the
Contractor is solely responsible for job site safety.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
APPROVAL OF PROFESSIONAL CIVIL ENGINEERING MASTER AGREEMENT WITH
LLOYD AND ASSOCIATES, INC. - WATER, WASTEWATER, AND OTHER RELATED
UTILITY APPLICATIONS SERVICES
The Board reviewed the following memo dated 9/26/88:
TO: WILLIAM G. COLLINS, II DATE: SEPTEMBER 26, 1988
ACTING COUNTY ADMINISTItATgR
THRU: TERRANCE G. PINTO4
DIRECTOR OF UTILITY SERVICES
FROM: WILLIAM F. McCAI
PROJECTS ENGINES
DEPARTMENT OF UTIL TY SERVICES
SUBJECT: BOARD APPROVAL OF MASTER AGREEMENT FOR
LLOYD AND ASSOCIATES, INC.
BACKGROUND
Several months ago Indian River County undertook a selection process
to short list various engineering consultants. The firm of Lloyd
and Associates, Inc. were short listed under the following
classifications #1, 8, 9, 10, 11, 12, 21 (see listing on cover
letter which accompanies the attached contract.)
RECOMMENDATION
The Utility staff recommends that the Board of County Commissioners
approve the signing of the attached master agreement with Lloyd and
Associates, Inc.
70
Ng 74 f' E 515
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved the
Professional Civil Engineering Master Agreement with
Lloyd and Associates, Inc., for water, wastewater, and
other related utility applications services:
Classification #1 - Surveying other than directly
related to design project
Classification #8 - Project Management & Inspection
not related to the firm's own design project
Classification #9 - Effluent Line Extensions, related
Pumping Stations
Classification #10 - Wastewater Gravity & Force Main
& Related Pumping Stations
Classification #11 - Water Line Extensions and
related Pumping Stations
Classification #12 - Water Storage Tanks - Developers
to IRC Utilities
Classification #21 - Formulation of Assessments;
with the modification to the safety language stating
that the Contractor is solely responsible for job site
safety.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
SOUTH COUNTY LIBRARY SITE AND OFFER TO PURCHASE LEASEHOLD
INTEREST OF ROSS LAUNDRY
The Board reviewed the following memo dated 10/5/88:
TO:
FROM:
DATE: October 5, 1988
Board of County Commissioners
Charles P.
7
Vitunac, County Attorney
RE: SOUTH COUNTY LIBARY SITE AND OFFER TO PURCHASE
LEASEHOLD INTEREST OF ROSS LAUNDRY
On Monday, October 3, 1988, Indian River County closed on
'the South County library site, thus becoming the landlord
for both the Downtown Supermarket and Ross Laundry. The
supermarket lease will expire in December of 1991. The
laundry has options which would allow it to continue its
business until March of 1997.
Attached is an offer by the Ross Laundry to relinquish its
leasehold interest to the County effective at the time of
expiration of the supermarket lease, i.e., December of 1991,
in return for $50,000 plus attorney's fees of $5,000 payable
immediately. The supermarket would continue paying rent to
the County at its current rate until December of 1991.
This matter is being brought before the Board for direction.
OCT 11
988
71
BOCK .74 4 MI 516
Attorney Vitunac advised that Sean O'Haire, attorney
representing the owners of Ross Laundry & Cleaners, Inc., is here
this morning to answer any questions regarding their offer to
relinquish their leasehold interest to the County. He noted that
this $50,000 figure plus attorney fees is a result of
negotiations, and that the Smiths originally wanted $100,000,
which was rejected. He advised that under this agreement, the
laundry would continue paying rent until -1991, but they want
their money now.
Chairman Scurlock asked if_the 1991 date poses a problem for
the construction of the library,'and Commissioner Eggert believed
that it poses less of a problem than a further date which they
have an option to. She hoped that if we were ahead of schedule,
we would have the flexibility of going in there and doing
something with it. However, she was opposed to paying legal fees
for this.
Commissioner Wheeler felt theonly advantage to buying out
the leases for the supermarket and the laundry is to design the
library site the way we would like to. If not, then he would
just as soon let the building sit there until 1997 and then tear
it down and turn it into green space and parking.
MOTION WAS MADE by Commissioner Eggert, SECONDED
by Commissioner Wheeler, that the Board refuse the
offer made by Ross Laundry to relinquish its leasehold
interest, effective December, 1991, in return for
$50,000 plus attorney's fees of $5,000.
Under discussion, Attorney O'Haire pointed out that the
Board is overlooking the fact that the lease agreement between
Nancy Moon and Ross Laundry also provides for a right of first
refusal to purchase the property on the same terms and conditions
as the third party's offer, i.e., the County's offer. They have
attempted twice to exercise that right and tendered a contract
72
OCT 11 1988 - - ,
MO • 4 Fi,H 517
and $10,000 down payment to Nancy Moon and her attorney, Sam
Block, but the contract and down payment were returned both
times. Attorney O'Haire stated that he has notified Attorney
Block by letter.
Chairman Scurlock stated that he had been told by that group
that they had given the option of first right of refusal to Ross
Laundry, but no offer was made. However, now we are hearing that
is not true.
Attorney Vitunac explained that the County has a title
policy insuring fee simple title to the property, and there is a
provision in the lease which the -Smiths had with Nancy Moon that
gave the right of first refusal, but the County got a contract
over that and a title policy that insures against that. The
closing has occurred. If there is a lawsuit on that issue, it is
between Nancy Moon and the Smiths, and it would be for financial
damages and would not affect the County's title to the property.
He understood that Attorney Block did give Ross Laundry the right
of first refusal, but it was only for a short time.
Attorney O'Haire did not concur that the issue was financial
damages. He felt the issue is whether they are entitled to have
fee simple ownership of the property pursuant to their right of
first refusal. They tendered their down payment in the amount of
$10,000 and a fully executed contract twice, and it was returned
each time. It is their position that since they were only given
a one -day opportunity to exercise their right of first refusal, a
court would uphold their right to purchase the property, and they
are prepared to take that action if necessary. However, they are
hopeful that we could come to agreement on this and that is why
they have been negotiating with Attorney Vitunac and Mr. Baird on
this matter and have submitted financial statements for this
particular laundry.
Mr. Ross spoke from the audience and pointed out that if
they did receive title to the property, the County would not only
OCT 11 995
73
BOOK 74 PAGE 518
have to condemn the laundry but the supermarket also. The reason
they came up with this $50,000 fee is because they don't want the
expense of purchasing the property and then have the County come
around and condemn it.
Commissioner Bird felt the issue here is whether we want to
buy out their lease 6 years early for $50,000 plus attorney fees,
and his vote is "no". He believed the rest of this is going to
have to be resolved in court.
Attorney Vitunac still maintained that it is a matter of
financial damages, and Commissioner Wheeler felt comfortable with
the County Attorney's opinion.
Chairman Scurlock felt there was some value to be able to
eliminate 6 years and be able to go in there and level it all and
design a complete facility, but Commissioner Eggert interjected
that we don't know what that value is, and that she wasn't
willing to take that risk.
OMB Director Joe Baird stressed that there are two issues
here. What it is worth to them, and what it is worth to the
County.
Debate continued at length regarding the pros and cons of
buying out the lease for $50,000.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
NORTH COUNTY FIRE DISTRICT MEETING
The Chairman announced that immediately upon adjournment,
the Board would reconvene acting as the District Board of Fire
Commissioners of the North Indian River County Fire District.
Those Minutes are being prepared separately.
OCT 11 1988
74
BOOK 74 PAGE. 519
DOCUMENTS TO BE MADE PART OF THE RECORD
A. Developers Agreement between Indian River County and Vero
Beach Shopping Center Associates, Ltd., approved by BCC at
Meeting of 7/12/88, having been fully executed and received, has
been placed on file in the Office of the Clerk to the Board.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 1:05 o'clock P.M.
ATTEST:
OCT 11 1988
Clerk Chairman
75
OK 74 ME