HomeMy WebLinkAbout9/12/1989i
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E3C4ARE> ACTION IMPLEMENTATIC3'N o
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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
REGULAR MEETING
SEPTEMBER 12, 1989
9:00 A.M. - COUNTY COMMISSION CHAMBER
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman James E. Chandler, County Administrator
iCarolyn K. Eggert, Vice Chairman
Richard N. Bird Charles P. Vitunac, County Attorney
Margaret C. Bowman
'Don C. Scurlock, Jr. Jeffrey K. Barton, Clerk to the Board
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9:00 AM 1. CALL TO ORDER
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2. INVOCATION - none
3. PLEDGE OF ALLEGIANCE - Commissioner Don C. Scurlock Jr.
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
CONSENT AGENDA 9 C 1
Approved as
amended.
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Approved.
Approved.
Approved.
Approved.
Approved.
Approved.
CONSENT AGENDA: 9 C.2.
CONSENT AGENDA: 9 D.2.
CONSENT AGENDA
A. Approval of Minutes of Regular
Meeting of 8/15/89
B. Report of Occupational License
Taxes Collected During Month of
August, 1989
'. !(Memorandum dated19/5/89)
C. Acceptance of.'Ca 461 Kirkland's
t Resignation 'as',.a Appointee to
the Economic�Opp -tunities
Council I
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(Letter dated 8/23/89)
D. Consent to Assignment of License
+- to Use Property by IRC
(Memorandum dated:8/23/89)
E. IRC Bid 89-87, Canopy for Fuel
Island
(Memorandum dated�'8/30/89)
F. IRC Bid 89-90, Re -roofing Sandridge
Golf Club House
(Memorandum dated 8/31/89)
G. Release of County Liens
(Memorandum dated 9/5/89)
Approved Items 1 8 H. Miscellaneous Funds, Budget
3 - No. 2 to come back Amendment 098
to Board for approval. (Mem.orandum dated"9 / 6 / 8 9 )
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6.
9:05 AM 7.
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Ord. 89+29- adopted on
an emergency basis.
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8.
Approved.
9.
Approved.
Approved.
Approved as amended -
adding $50.00 deposit
for cleanup.
Approved.
Approved.
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Approved.
CLERK TO THE BOARD
none
PUBLIC HEARINGS
ORDINANCE AMENDING ORDINANCE.
NO. 87-67, AS AMENDED BY
ORDINANCE NO. 88-32, RELATING
TO THE SOLID WASTE DISPOSAL
DISTRICT: ADDING POWER TO
ADOPT RULES AND REGULATIONS:
CHANGING THE TERM EQUIVALENT
RESIDENT UNIT TO THE TERM
WASTE GENERATION UNIT: -
DELETING THE DEFINITION OF
EQUIVALENT RESIDENTIAL UNIT, -
AND INSERTING THE DEFINITION
OF WASTE GENERATION UNIT
(Memorandum dated 8/28/89)
COUNTY ADMINISTRATOR'S MATTERS
SLIAG Contract Extension
(Memorandum dated 9/5/89)
DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
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none
B. EMERGENCY MANAGEMENT
none
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C. GENERAL SERVICES j
o en- ands Dune Walkover Bid; --Memo 9-7T89 �
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2. Cour house--ludicial Complex Master Pian -
D. L IS RS SERVICES Memo ;9f8/89
1. Circus Lease
;(Memorandum dated'8/28/89)
P2.artesian well Sandridge -Golf Course-
OFFICE-` OF ---MANAGEMENT- AND -BUDGET _M6mo 9-7-89
1)° Unemployment Compensation Charges
to the County, Budget Amendment 097
(Memorandum dated 9/1/89)
2) Heal th.Insurance Contract
(Memorandum dated 9/6/89)
3) Authorization to Draw on Irrevocable
Standby Letter of Credit Number
00000000017899 - River Run
Development Corporation
(Memorandum dated 9/6/89)
F. PERSONNEL
none
G. PUBLIC WORKS
none
H. UTILITIES
none Vi
SEP 1 2 1989
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BOOK.
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B. VICE CHAIRMAN CAROLYN K. EGGERT
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C. COMMISSIONER RICHARD N. BIRD
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i D. COMMISSIONER MARGARET C. BOWMAN
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E. COMMfSSIONER DON C. SCURLOCK JR.'
12. SPECIAL DISTRICTS •-
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ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS-.
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
HE BASED.
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BOOK t F
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10.
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COUNTY ATTORNEY
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Approved.
A. Town of Orchid Franchise j
(Memorandum dated 8/23/89)
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Res. 89-81 as
B. Bond Resolution - McKee
amended.
Jungle Gardens j
(Memorandum dated 9/5/89),
Approved.
C. Ratify the change in contract, Exhibit B
I1.
COMMISSIONERS ITEMS
A. CHAIRMAN GARY C. WHEELER !
Res. 89-88 . ado ted
P
Resolution Regarding Proposed Sales
Tax Legislation on Interstate Mail
Orders
(Tabled from 9/5/89 Meeting)
(Letter dated 8/10/89)
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B. VICE CHAIRMAN CAROLYN K. EGGERT
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C. COMMISSIONER RICHARD N. BIRD
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i D. COMMISSIONER MARGARET C. BOWMAN
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E. COMMfSSIONER DON C. SCURLOCK JR.'
12. SPECIAL DISTRICTS •-
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ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS-.
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
HE BASED.
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BOOK t F
P 1 1989 ` _
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Tuesday, September 12, 1989
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, September 12,
1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler,
Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird;
Margaret C. Bowman; and Don C. Scurlock, Jr. Also present were
James E. Chandler, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; OMB Director Joseph
Baird; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Chaplain Russell Burns of Cox -Gifford Funeral Home gave the
invocation, and Commissioner Scurlock led the Pledge of Allegiance
to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested three additions to today's Agenda:
1. IRC Bid 89-60 - Golden Sands Dune Walkover.
2., Addition to Courthouse Master Plan Consultant Contract.
3. Drilling of a 5" artesian well at Sandridge Golf
Club.
Attorney Vitunac requested the addition of an amendment to
the McKee Jungle Gardens purchase contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously added
the above items to today's Agenda.
SEP 12 1989 mor 77
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BOOM FYJ iii+.UC 9X
SEP 12 1989
CONSENT AGENDA
Commissioner Bowman requested that Item F be removed from the
Consent Agenda for discussion, and Chairman Wheeler requested that
Item H be removed also.
A. Approval of Minutes
Chairman Wheeler asked if there were any corrections or
additions to the Minutes of the Regular Meeting of August 15,
1989.
Commissioner Bowman pointed out that the vote on the Motion
on Page 11 was 4-1, instead of 4-0.
ON MOTION by Commissioner Scurlock, SECONDED by
Commi-ssioner Eggert, the Board unanimously
approved the Minutes of the Regular Meeting of
8/15/89, as corrected.
B. Report
The Board reviewed the following memo dated 9/5/89:
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
kF SUBJECT: Occupational Licenses
DATE:' September 5, 1989
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $2,145.14 was collected in occupational license
taxes during the month of August 1989, representing the
issuance of 147 licenses.
.)XAWM40✓ .
Gene E. Morris, Tax Collector
GEM:sg
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ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously accepted
the above Report of Occupational License Taxes collected
during month of August, 1989.
C. Resignation from Economic Opportunities Council
The Board reviewed the following letter dated 8/23/89:
August 23
Economic ®pportusnities Coup �n BUTTON LIST
Of Indian River County, Inc. Commissioners :D_
P. O. BOX 2766 Administrator
Attorney
VERO BEACH. FLORIDA 32961.2766 Personnel
Public Works or�€-s5r-•m7�
Commu v. --?e2-4 7e
Utilities
o,g%9 Finance __..
1989 rn �`�' N Other
co
r SOAR o
0DW1Ss ,�
Mrs. Carol Kirkland
Post Office Box 114
Vero Beach, Florida 32961
Dear Carol:
Your resignation from -the Board of Directors of the Economic
.Opportunities Council of Indian River County, Inc. has been
received with great regret.-_
Your service to this organization has been a strong factor in its
:,functioning and you will be sorely missed. Your input and action
...through many situations during the past years have been a
.significant contribution to the Board's development.
I.* express the gratitude of the Board for all that you have done
and wish you well in your future plans. I know also that you
will not forget E.O.C. and that we may have the pleasure of
seeing you now and again.
Sincerely,
Madeline G. Smith
-Chairman, EOC Board of Directors
MGSzjcj
cc: Commissioner Doug Scurlock
SEP 12 1989 3 BOOK
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SEP 12 BOOK 17 P,4UE 902
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously
accepted Carol Kirkland's resignation from the
Economic Opportunities Council.
D. Consent to Assignment of License for WAXE_Radio _to Use IRC
Property
The Board reviewed the following memo dated 8/23/89:
TO: Board of County Commissioners
t��FROM: Sharon P. Brennan - Assistant County Attorney
DATE: August 23, 1989
SUBJECT: Consent to Assignment of License'
to Use Property by Indian i?iver County
Palm Coast Communications, Inc., d/b/a WARE Radio has
requested that the County consent to the assignment of
WAXE's land lease for transmission tower space to a newly
formed Florida general partnership, known as Media VI. The
assignment of the lease is allowed pursuant to Section 4,
Page 3 of the original lease agreement. The Board has
previously agreed to an assignment of the lease in 1985.
The closing of the sale of the radio station to Media VI is
contingent upon Federal Communications Commission consent
and approval.
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ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Consent to Assignment of License for Palm Coast
Communications, Inc., d/b/a WAXE Radio to use IRC
property.
CONSENT IS ON FILE IN'THE OFFICE OF THE CLERK TO THE BOARD
E. IRC Bid #89-87 -- Canopy for Fuel Island
The Board reviewed the following memo dated 8/30/89:
DAZE: August 30, 1989
� : � •�� � �• •• � � �; ice• �'
THIU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General
FRAM: Dominick L. Masco , OOOCPO Manager -
Division of Purchasing
SUW: IW BID #89-87/CANOPY FOR FUEL ISLAND
1. BACKGROMM:
The Subject Bid for Canopy For Fuel Island was properly
advertised and Fourteen (14) Invitations to bid were sent out.
On Aug. 23, 1989 bids were received. Three (3) vendors
submitted, proposals for the cmuodity.
2. ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specificatia�ns. Orange State Industries was the low
responsible & responsive bidder that met all
1. Y•' y}.. . ..
`:' Monies for this project will come from Fleet Management Capital
'� 4. I�'E700NJr!�IDATION:
Staff reeommerids the Award of a Fixed Contract for $31,648.00
to the low responsible & responsive bidder, Orange State Industries,
for the subject aarmodity.
SEP 12 5 BOOK IP� F,1G0
SEP 12
19— -
soon.
(�- ,; � " ---
ON MOTION by Commissioner Scurlock,
SECONDED
by
Commissioner Eggert, the Board unanimously awarded
a fixed Contract for $31,648 to the low responsible
and responsive bidder, Orange State Industries, for the
subject commodity, as recommended by staff..
BOAhDOFCOUNTY C.OMMISSIONEItS
Oofe' 8/23/89
18402MSdede, vaeamen.i7orP 323
PURCHASING DEPT.
BID TABULATION
t.....e ,mn UNIOa. z t..... r+r.... a wn
Submitted By DcmiNCk L Mascals
> n
PURCHASING MANAGER
Bid Na Date Of OP8111119 8/23/89
Recommended .Award IAR1 ' �
89-87
Bid Title
CANOPY FOR FM ISLAND 1s.
1. 2IMC0 33C $31,363.00
v
663 8th at vERO BEACN,pL
$31,648.00
1811 N.T4. 16th st POMPANO BEACH,FL
3. cLMTROr, $38.600.00
4575 N DS#1 vERO BEACH.pL
F. IRC Bid #89-90 -- Reroofing Sandridge Clubhouse
The Board reviewed the following memo dated 8/31189:
DATE: AUGUST 31, 1989
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVIC
FROM: DOMINICK L. MASCOLA, MANAGER
DIVISION OF PURCHASING
SUBJECT: RE -ROOFING SANDRIDGE GOLF CLUB, CLUB HOUSE
INDIAN RIVER COUNTY BID NUMBER 89-90
BACKGROUND:
This project was bid in November 1988 under Indian River County Bid
Number 89-35. Due to lack of funds in the golf course budget the bid
was not awarded. Since the bids were only good for sixty (60) days
the project was properly re-advertise4and fifteen (15) invitations to
bid were sent out in July of 1989. On August 23, 1989, the bids were
received with four (4) vendors submitting proposals.
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ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications and budgeted funds. Lucas Water Proofing is the low
bidder and meets all the requirements.
FUNDING :-
Moniesto fund this project will come from the golf course, Other
Improvements Account.
RECOMMENDATIONS:
Staff recommends the award of a Fixed Contract of $7,500 to the low
bidder, Lucas Water Proofing for this project.
Commissioner Bowman wondered if this is going to be a
recurring problem, and General Services Director Sonny Dean
advised that we have a 10 -year warranty on this work.
Commissioner Bowman didn't understand why we went out to bid
on this when we didn't even have the money. Apparently the bids
were done way back when.
OMB Director Joe Baird explained that the reroofing has been
in the golf course budget for several years, and Director
Komarinetz has been watchi-ng-his cash and has waited until he
really needed to have it done.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously awarded
a fixed contract of $7,500 to the low bidder, Lucas
Water Proofing for this project, as recommended by
staff.
®®®® 7
SEP 1 fav 300K
BO.,UW OF COUNTY COMMISSIONERS
lea nth Swd. Vera Seaeh.Florida 52960 _.
-- ._....
caV c
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' T.lMMM.e Woo N7a000 4�. T.M.�.s T1L101/
Reeommnended Award Luh' WATERPRoomr.�CpR10�`
-$7.500.00
Oma' 8/23/09
PURCHASING DEPT. - - -
BID _TABULATI _.__
Submitted By DwnWck L Mascots
PURCHASING MANAGER
Bid3_eN . Date Of Opening 8/23/09
Bid Title
REROOFING SANDRIDGE GOLF COURSE CLUB Hoysi
1. LUCA2 WATERPROOFING CO INC. $7.500.DO
2030 OLD Dn= HWY VERO BEACH,FL
2. CARDINAL ROOFING i SIDING OF FLA $8,295.00
1049 HOLBROOK CT PT ST LUICE,FL
3. TRANS LOSTAZ ROOFING $8,400.00
7630 N.W. 6th AVE 3= RATON,FL
4. ROOFING SYSTEMS INC OF PALM BEACH CO. $8,900.00
1020 SOUTHWEST 10th ST DELRAY BEACR,FL
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G. Release of County_ Liens
The Board reviewed the following memo dated 9/5/89:
TO-: Board of County Commissioners
FROM: Char es /itunac, County Attorney
DATE: September 5, 1989
RE: CONSENT AGENDA - BCC MEETING 9/12/89
ROUTINE RELEASE OF COUNTY LIENS
This office has processed the following matters and requests
permission for the Chairman to execute the standard release
forms:
(1) Release of Assessment Lien
Lots 21 & 22 of BREEZEWOOD SUBDIVISION,
In the name of Jerry M. Johnson
(2) Release of Assessment Lien
Lot 33 of RIVER SHORES ESTATES, UNIT #2,
In the name of James C. and Frances K. Gibbs
(3.) Partial Release of ERU Wastewater Reservation
and Assessment Lien
Map #11 - 50 ERUs Released
In the name of Arthur A. Newton
(4) Partial Release of ERU.Water Reservation
and Assessment Lien
Map #E-3 - 50 ERUs Released
In the name of Arthur A. Newton
Back-up information for the above is on file in the County
Attorney's and Utilities Department offices.
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ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously authorized
the Chairman to execute Release of Liens as listed
above.
COPIES OF RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
H. Miscellaneous Funds - Budget Amendment 098
The Board reviewed the following memo dated 9/6/89:
TO: Members of the Board
of County Commissioners
DATE: September 6, 1989
SUBJECT: MISCELLANEOUS FUNDS
BUDGET AMENDMENT --098-
CONSENT
098_CONSENT AGENDA
FROM: Joseph A. Baird*
OMB Director
Description and Conditions
Below is an explanation of the attached budget amendment:
1. At the meeting of April 17, 1989 the Board of County
Commissioners authorized use of excess cash forward.
The attached budget amendment appropriates the funds.
2.
3
Vero Lakes Estates M.S.T.U. is over budget due to paving of
the 87th Street running through Vero Lakes Estates. It is
recommended we transfer $130,000 from the Secondary Road
Trust Fund (109) to the Vero Lake Estates M.S.T.U. (185).
The Board of County Commissioners increased the scope
of work at Golden Sands Park. Approximately $85,000
is needed in the Golden Sand Construction Fund for the
additional work. Staff would like permission to
transfer funds from the M.S.T.U. contingencies to the
Golden Sands Capital Project fund.
Recommendation
" Staff recommends the Board
attached budget amendment 098.
of County Commissioners approve the
g EOOK 1 Y f'.��;c U0 d
SEP 1 ����
Boor
OMB Director Joe Baird recommended that everything be
approved except Item #2 which he would like to bring back next
week. In discussing this with Public Works Director Jim Davis,
there are several alternatives we could use in funding the paving
of 87th Street running through Vero Lake Estates. We are looking
at the long term, and it' might be better to fund it out of another
area besides the Secondary Road Trust Fund.
Commissioner Scurlock felt there would have to be a policy
decision at some point on how much is going to come from the Vero
Lake Estates M.S.T.U. versus some other source of revenue.
Director Baird explained that in this particular case, 87th
is the main thoroughfare through Vero Lake Estates and recalled
that a couple of years ago the Board dir_:ected Director Davis to
get that street engineered and paved. The property owners will be
assessed for part of it and we are looking at several other
sources to pay the rest of it, i.e., gas tax money, general fund
money, Vero Lake Estates M.S.T.U., impact fee money.
Commissioner Scurlock cautioned Administrator Chandler to be
very careful on this particular item, because in doing this we
could be setting some precedents in terms of how we fund these
various projects, specifically in relationship to Sebastian where
they seem to have some difficulty in understanding our impact fees
and what those funds can be used for. He would not like to see us
develop a policy we could not live with throughout the county.
Administrator Chandler appreciated that, and advised that he
would be meeting with Sebastian shortly and would be bringi.ng it:
back to the Board in a couple of weeks.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved Budget Amendment 098, with the deletion of
Item #2, as recommended by OMB Director Baird.
10
TO: Members of the Board
of County Commissioners `
FROM: Joseph A. Bai�
.w. _..,....OMB..Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 098
DATE: September 12. 1989
Entry
Number
Funds De artment Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND
Cash Forward October 1
001-000-389-040.00
$2.743,558.
EXPENSE
GENERAL FUND
Parks/Land
_
oo1-210-572-066.3.1
900 000
0
Cash orwar September 30
OQ -199-581-099.92
500,000
0
Reserve - Disaster
001-199-581-099.98
500.000
Funds Transfer out
001-199-581-099.21
500,000
0
Clerk o the .0
QO 6-099.01
343 558
S 0
REVENUE
SELF INSURANCE
F-unds-Transfer In
502-000-381-020.00
400,000
EXPENSE
SELF INSURANCE
Risk a s er Other Insurance
502-246-523-034.59
9 400.000
S 0
M.S.T.U.
Cash Forward October 1
Q04- 0-38 - 40 0
647,455
EXPENSE
�^
M.S.T.U.
Cash Forward September 0
004-199-581-099.92
647,455
NUB
HEALTH BUILDING
Funds Transfer In
305-000 3 -020 00
100-000
S 0
EXPENSE
HEALTH BUILDING
Professional Services .305-106-519-033.19
80,000
All Land
305-106-519-066.11
S 20.0001S
0
2.
REVENUE
VERO LAKES ESTATE M.S.T.U.
Funds Transfer In
185-000-381-020.00
S 130,000
0
EXPENSE
�,,w•__
SECONDARY ROAD TRUST FUND
Reserve for Contingency
109-199-581-099.91
0
00
Funds Transfer Out
109-199-581-099.2119
130 000
0
VERO LAKES ESTATE
lConstruction in Progress
1-00251L
13g.gogis.-0
P 121999
off.
BOOK I F'. . T)",
SEP
12
BOOK
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PUBLIC HEARING
- ORDINANCE AMENDMENT CHANGING SWDD TERM
EQUIVALENT
RESIDENTIAL UNIT TO THE TERM WASTE GENERATION UNIT
The hour of 9:05 o'clock having passed, the Deputy Clerk read
aloud the following Notice with Proof of Publication attached, to
wit.
VERO BEACH PRESS-JOUlkNAL
Published Daily
Vero Beach. Indian River Cotinty. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Belora the underelgned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach PressJoumal, a daily newspaper published
at Vero Beach M Indian River County; Florida; Ihat,the attached copy of adverligemenl, being
In the matter
°'i''e• • In
the Court, was pub;
paled In sold newspaper M the Issues of
5 • Afflonl further says that the said Vero Beach Press•Joumal Is a newspaper published at
Vero Beach, In said Indian River County, Florida. and that the said newspaper has heretofore
been continuously published in said Indian River County. Florida. each daily and has been
entered as second class mail matter al the post office in Vero Beach, in said Indian River Court-
ly.
oumty. Florida, for a period of one year next preceding the first publication of the attached copy Of
advertisement; and alllant further says that he has neither paid nor promised any pe
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication M the said newspaper.. f
Sworn to and subscribed before me this J1IL ,of
+ eu s an e
(8FAL1 As, tlnesy RMk. Stare d Flaridc
�Juft29 ftyJ
E
The Board of County Commisstoriera of t'`'
:vii, Dldian River CouFlorida. hereby piii.1 fl1
_:evades notice o1 a Alio Hearing ached -16t&
uled for 9:05 A.M.-on Tuesday. Septeln=' y "1
t bar 12. 1989, to dlsCuas a proposed ordF: +
nanceentitled: r..,�:^:,•rrt:n,1•��,u�!
AN ORDINANCE '•OF't INDIAN RIVER
COUNTY. FLORIDA, AMENDING ORDId-.:ra
NANCE NO. 87-67, AS AMENDED BY -',VW
ORDINANCE NO. 88-32. RELATING TO.. ,n
THE SOLID WASTE' DISPOSAL DIS-': r>
TRICT; ADDING POWER TO -ADOPT
ING THE TERM EQUIVALE-
NT REST-�j"
DENT UNIT TO THE TERM WASTE
GENERATION UNIT; DELETING THE •
DEFINITION• OF EQUIVALENT . RESI- �' .
DENTIAL UNIT, AND INSERTING THE '
DEFINITION OF WASTE GENERATION
UNIT.
r9:rr,r:r�j•,'44
Anyone who may wktli to appeal any decision tt
which may be made at this meeting wW need to; I
ensure that a verbatim record of the proceedings
Is made, which Includes testimony and evidence
upon which the appeal is based,..
Aug. 30, 1989. 608140
The Board reviewed the following memo dated 8/28/89:
DATE: AUGUST 28, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES ".
FROM: RONALD R. BROOKS, MANAGER
SOLID WASTE DISPOSAL DISTRIT
SUBJECT: ORDINANCE AMENDMENT
BACKGROUND
The changes in the rate structure for Fiscal Year 1989-90
necessitate a change in County Ordinance 87-67.
12
M.
ANALYSIS
;Attached is an Amendment to Ordinance 87-67 which changes
Equivalent Residential Unit to Waste Generation Unit as
-required for the 1989-90 Fiscal Year Rate Structure. The
amendment also includes authority for the Solid Waste
Disposal District to adopt "Policies and Procedures" by
>resolution of the District Board.
RECOMMENDATION
It is recommended that the attached Ordinance be approved
and adopted by The Board of County Commissioners.
i
Attorney Vitunac advised that we were 3 days short on the
advertised notice due to the State mandated hearing times for the
Final Budget Hearing. It was unavoidable because of the time
between devising this new system for the utilities and the State
deadline. We need a vote of 4 out of 5 Commissioners to pass this
as an emergency ordinance. The reason for the emergency is that
the change must be effected before the Final Budget Hearing
tomorrow night. It was advertised 12 days previous to the
meeting, instead of 15 days; actually, it was 14 days if you count
Sunday.
Ron Brooks, Manager of SWDD explained that the purpose of
this ordinance amendment i-s=to change the term equivalent
residential unit (.ERU) to the term waste generation unit (WGU).
In addition, we have Policies and Procedures that we had to
implement before by resolution, but there wasn't any clear
definition in the ordinance that such a procedure could be
utilized. To cover ourselves and make sure that there wasn't any
question about our authority to establish policies and procedures
under the ordinance, we elected to incorporate that particular
item into the ordinance. Originally, the ERU was based on a
single-family equivalent residential unit of 1.3 tons of solid
waste per year as the basic unit of service. That would be
changed to Waste Generation Unit (WGU) which is equivalent to a
waste generation rate of 1.0 tons.
SEP 1 Val 13 500 �1 �' t �L X11
.4�
s
2 1999 'c7
Commissioner Scurlock inquired about the status of the
mandatory trash collections, and Mr. Brooks advised that staff is
presently researching the various ordinances passed by counties
and municipalities in the state that already have this in
operation, and we hope to have an ordinance developed sometime in
mid summer of 1990 and fully implemented and in operation by
October, 1990.
Commissioner Eggert understood that it would be sooner than
that, and Mr. Brooks explained that the delay is in deciding
whether to have the the County collect the fees for trash pickup
or have the haulers collect the fees. If we elect to have the
haulers collect the money, there may be a strong tendency on the
part of the residents not to pay the haulers." In addition, we
would have to negotiate with the existing franchised haulers for
the service areas and there would be substantial changes in those
franchises.
Commissioner Scurlock noted that he spoke in Gifford last
week and received a very receptive attitude and encouragement both
for our recycling program and for the mandatory collection. The
community up there sees a significant problem in allowing a
voluntary situation.
Commissioner Eggert noted that the policies and procedures
will be adopted tomorrow night at the Final Budget Hearing.
Chairman Wheeler opened the Public Hearing, and asked if
anyone wished to be heard on this matter.
Nancy Offutt, legislative coordinator for the Chamber of
Commerce, realized this may not be the time to speak to the
classifications in the Resolution, but she felt the definition of
some of those categories are a little vague, such as the size of
mobile home parks going from "excellent" to "cheap", and "Mom and
Pop" stores. She recalled that during the workshops, there was
some discussion about having convenience stores listed under the
supermarket category. She knew of one constituent in the
14
community who has a large grocery store by square footage and who
does some recycling, but feels as though he is not being treated
fairly as compared to say a convenience store.
Mrs. Offutt stated that she was not pleading his case, she
was just asking that attention be given to whether a convenience
store belongs in the same category as a supermarket.
Commissioner Bowman explained that today we are simply
discussing the adoption of an ordinance.
Commissioner Eggert advised that tomorrow night would be the
time to raise those questions, but Mrs. Offutt didn't know whether
she would be here tomorrow night to raise that question.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously
adopted on an emergency basis Ordinance 89-25,
changing the term equivalent residential unit to the
term waste Generation Unit, as amended with the title
change.
®@ 5
�� f
E 1799 BOOK i �.11
EP
12 1989
BOOK i 3 F,.`_ s
ORDINANCE NO. 89- 25
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 87-67, AS AMENDED BY
ORDINANCE NO. 88-32, RELATING -TO THE SOLID WASTE
DISPOSAL DISTRICT; ADDING POWER TO ADOPT RULES AND
REGULATIONS; CHANGING THE TERM EQUIVALENT
RESIDENTIAL UNIT TO THE TERM WASTE GENERATION
UNIT; DELETING THE DEFINITION- OF EQUIVALENT
RESIDENTIAL UNIT, AND INSERTING THE DEFINITION OF
WASTE GENERATION UNIT.
x,
BE IT ORDAINED by the Board of County Commissloners of
Indian River County that: -
SECTION 1. AMENDING THE POWERS OF THE SOLID WASTE
DISPOSAL DISTRICT (SWDD)
"Sect -ion 4. Powers of S.W.D.D." which reads as follows:
"The SWDD shall have all powers necessary and incident
to accomplishing the purposes of> -the district, which powers
shall include the power to hire, fire, and set compensation
of employees, lease, rent, or buy real and personal property,
issue revenue bonds or other certificates of indebtedness,
and contract, including the power to contract with
municipalities within Indian River County which have not
joined the SWDD."
is hereby amended to read as follows:
"Section 4. Powers of S.W.D.D.
The SWDD shall have all powers necessary and incident
to accomplishing the purposes of the district, which powers
shall include the power to adopt "Policies and Procedures"
of the SWDD by resolution of the Board of SWDD
Commissioners; hire, fire, and set compensation of
employees; lease, rent or buy real and personal property;,.
issue revenue bonds or other certificates of indebtedness;
and contract, including the power to contract with
municipalities within Indian River County which have not
joined the SWDD."
16
ORDINANCE NO. 89-25'
SECTION 2. CHANGING EQUIVALENT RESIDENTIAL UNIT TO
WASTE GENERATION UNIT
Ordinances Nos. 87-67 and 88-32 are amended by
changing all references to the terms "Equivalent Resident
Unit" or "ERU" to the terms "Waste Generation Unit" or
"WGU."
SECTION 3. DELETING DEFINITION OF,ERU AND INSERTING
DEFINITION OF WGU
"Section 5. Definitions" is hereby amended by deleting
the following definition:
"'Equivalent •Residential Unit (ERU)' shall mean the
basis for measuring the solid waste generated. One ERU is
based on a single-family equivalent residential unit of 1.3
tons of solid waste per year as the basic unit of service."
and by inserting in its place the following definition:
"'Waste Generation Unit (WGU)' shall mean the basis for
measuring the solid waste generated. One WGU shall be
equivalent to a waste generation rate of 1.0 ton per year."
SECTION 4. EFFECTIVE DATE
This ordinance shall become effective upon receipt from
the Secretary of State~ of the State of Florida of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 12th
day of September 1989.
This ordinance was advertised in the Vero Beach Press
Journal on the 30th day of August
1989, for a
public hearing to be held on the 12th day of _September ,
1989, at which time it was moved for adoption by
Commissioner Bowman seconded by Commissioner
Eggert and adopted by the following vote:
2
EP 12 1989 17 n,
5
Attest:
P 00 71 P,5Ia 16
ORDINANCE NO. 89- 25
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman a Aye
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
: By
Gary C heeler
Chair
CONTRACT EXTENSION WITH HRS - STATE LEGALIZATION IMPACT ASSISTANCE
GRANT (SLIAG)
The Board reviewed the following memo dated 9/5/89:
TO: Board of County Commissioners
FROM: Joyce M. Johnston, Director Welfare
i
SUBJECT: SLIAG Contract extension
(State Legislation Impact Assistance Grant)
DATE: September 5, 1989
Attached for your approval are four copies of the proposed contract
amendment. This amendment will extend the ending date for the current
SLIAG contract with Indian River County for a 6 month period. The new
ending date of the contract will be March 31, 1990.
`This extension will allow Indian River County additional time to document
FY 1989 SLIAG costs and will provide The State Department of Health and
Rehabilitative Services time to execute new contracts. I would recommend
this extension.
18
ON MOTION by Commissioner Eggert, SECONDED.by
Commissioner Bird, the Board unanimously approved
the 6 -month extension on the SLIAG contract, as
recommended by Director Johnston.
AMENDMENT # 1
THIS AMENDMENT,, entered into between the State of Florida,
Department of Health and Rehabilitative Services, hereinafter
referred to as the "department" and
The Board of Co. Comm. of Indian River Co • hereinafter referred t0 as the
"provider", amends contract # MF917 •
1. Section III, Paragraph A,2. is hereby amended to read:
2. This contract shall end on March 31 1990; however,
reimbursement will be for services rov ded on or before
September 30 1989. Funds used in the provision -of services
after this date will be reimbursed under separate contract.
2. This amendment shall begin on9 15/89 , or the
date on which the amendment has been s gned by both parties,
whichever is later.
All provisions in the contract and any attachments thereto
in conflict -.with this amendment shall be and are hereby changed
to conform with this amendment.
All provisions not in conflict with this amendment are still
in effect and are to be performed at the level specified in the
contract.
This amendment and all its attachments are hereby made a
part of the contract.
IN WITNESS WHEREOF, the -parties hereto have caused this one;-•.
(1) page amendment to be executed by their officials thereunto
duly authorized.
BOARD OF COUNTY COMMISSIONERS
PROVIDER:O_P INDIAN RIVER -COUNTY `•
SIGNED
BY:
• 1
NAME: Wheeler
TITLE: Chairman
DATE: X12. 1989
FEDERAL ID NUMBER:
59000674
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
\ S IGNED
BY:
NAME:
TITLE:
DATE:
SEP 12 1989 19 mc;K 77 F.917
F�,
,
.
; I
SEP 12 1989 19 mc;K 77 F.917
i"' -'I t ! 9
I
Ru�l� 1 � F"��;C
IRC BID #89-60 - GOLDEN SANDS PARK - DUNE WALKOVER
The Board reviewed the following memo dated 8/24/89:
DAA: August 24, 1989
TO: BOARD OF COUNTY •CObMSSIONERS
THRU: James E. Chandler, County trator
H.T. "Sonny" Dean, Directo
Department of General
FROM: Dominick L. Mascola, CFO Manager
Division of Purchasing
SUBJ: IRC BID#89-80\"Golden Sands Dune Walkover"
1. BACKGROUND: .
The Subject Bid for Golden Sands Dune Walk Over was
properly_ advertised and Fourteen (14) Invitations to bid were
sent out. On July 19, 1989, bids were received. -Three (3)
vendors submitted proposals for the camndity.
2. ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. J. B. Walker Construction was the low bidder
that met all . Due to the fact they were unable to
meet insurance requirements, The Master Group was the low
responsive & responsible bidder.
3. FUNDING:
Monies for this project will come from Account Construction in
Progress.
4. RECOMMENDATION:
Staff recommends the Award of a Fixed Contract for $8,475.00 to
the low responsive & responsible bidder, The Master Group, for the
subject oanrodity.
20
Commissioner Bird inquired about the low bidder's situation
in being ruled ineligible for not meeting our insurance
requirements since they have done considerable work for the county
on similar projects. He wondered if our insurance requirements
were too strict for these small jobs.
General Services Director Sonny Dean explained that our
insurance requirements are set by the Risk Manager. On this
particular case, we went to great effort trying to get him to
produce the insurance. In fact, we spent two weeks calling and
sending him letters, but he never did produce the insurance.
Commissioner Scurlock felt that at some point we should
differentiate between small, medium, and large sized projects to
better determine the insurance requirements.
Administrator Chandler shared the same concerns about the
insurance requirements on the various sized projects and advised
that the new Risk Manager is looking into the matter. Apparently,
in this case, the contractor had some internal problems.
Purchasing Manager Dominick Mascola advised that he informed
Public Works Director Jim Davis about Mr. Walker not meeting the
insurance requirements on this project, and apparently the reason
is that Mr. Walker has changed insurance companies recently.
Commissioner Bird still felt we need to reconsider our
insurance requirements for some of these small contractors, and
inquired about the background of the recommended firm.
Manager Mascola advised that we checked them out and they
have a good track record.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded
IRC Bid #89-80, a fixed contract for $8,475, to the low
responsive and responsible bidder, The Master Group, for
construction of a dune walkover at Golden Sands Park, as
recommended by staff.
COPY OF BID PROPOSAL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S E P 12, 1989 21 '77 ltl,�U.919
FF- SEP
12 1989P, 2. . . 7
EOOK � Q t���r �9.:
W,
BOARD OF COUNTY COMMISSIONERS
18402SenS&cKveeStack FloridanM
a�
r.....� �xn wraeoo O • - `` a.... rwr.w a�,o+i
Recommended Award J.H. WALt03RF�OR10t' $ 7.400.00
Date JULY 19,198
PURCHASING DEPT.
BID TABULATION
Submitted 6r
PURCHASING MANAGER
Bid Na.89-80 Date Of Opening 7/19/89
Bid Title GOLDEN SANDS PARR DUNE WALKOVER
1. J.B. WALICER CONSTRUCTION $7,400.00
.�
2 MASTER GROUP $8,475.00
3. EUNLEY—AUBBARD CONSTRUCTION $9,961.00
*� UNABLE TO MEET 3NsvRANCE REOUIRMENTS
ADDITION TO CONSULTANT'S CONTRACT ON COURTHOUSE COMPLEX MASTER
PLAN
The Board reviewed the following memo dated 9/8/89:
DATE: SEPTEMBER 8, 1989
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE/JUDICIAL COMPLEX
MASTER PLAN CONSULTANT CONTRACT - IRC 88-09
BACKGROUND:
At the regular meeting on September 5, 1989, the Indian River Board
of County Commissioners authorized the execution of a contract with
Herbert/Halback, Inc., as consultants on the subject project. The
Board extended the designated area in the proposed contract by moving.
the southern boundary to 20th Street. This action increased the
scope of work and the consultant's original price from $49,500 to
$53,500.
RECOMMENDATIONS:
Staff recommends Board approval of the additional $4,000 to complete
the project.
22
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the additional $4,000 in the scope of work, as set out
in the above staff recommendation, and authorized the
Chairman to execute the Design Agreement.
CIRCUS LEASE - COUNTY FAIRGROUNDS
The Board reviewed the following memo dated 8/28/89:
TO: Board of County Commissioners
FROM: Bob Komarinetz, Director
Golf Course/IRC Fair
DATE: August 28, 1989
RE: CIRCUS LEASE
Pursuant to the policy of the Board of County Commissioners
to generate revenue at the Kiwanis-Hobart Park by leasing
the facility to private users, staff recommends that the
Chairman of the Board execute the attached lease with the _.
Clyde Beatty -Cole Brothers Circus for November 14 and 15,
1989. The rent will be -$S00 per day for a total of $1,000.
This same Circus has leased this site for a circus for
several years, with no problems.
STAFF RECOMMENDATION - Approve lease.
Commissioner Scurlock wondered if $500 is enough to pay for
cleanup, etc., and Bob Komarinetz, Director of Golf Course/IRC
Fairgrounds, explained that they are required to give us a deposit
on trash cleanup. In addition, we are looking at the fee
schedule, and we may need to revise it somewhat. In a situation
like this where the local Jaycees are co-sponsors of the activity,
the event also benefits the community.
23 R00
FA
SEP 12 198�l
SEP 12 1989 Bou 77 F4:-3c 9?
Commissioner Scurlock wanted to see the fee schedule revised
in order to make enough revenue to pay for some improvements to
the Fairgrounds.
Commissioner Bowman suggested that we do it like Vero Beach
does with the Riverside Park where they have to post a bond.
Director Komarinetz repeated that they post a $500 trash
deposit plus paying the $500 a day rental fee.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the lease with the Clyde Beatty -Cole Brothers Circus, as
set out in the above staff recommendation, and
authorized the Chairman's signature.
COPY OF PARTIALLY EXECUTED LEASE IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
SANDRIDGE GOLF CLUB - DRILLING OF 5" ARTESIAN WELL
The Board reviewed the following memo dated 9/7/89:
TO:Mr. James Chandler DATE: septenber 7, 1989 FILE:
County Administrator
THRU: Bob Kcmarinetz SUBJECT: f
Director of Golf 5" Artesian Well N SEP 1989
FROM: Roger welker. Jr. REFERENCES:
Golf Course Supt
As you -know on August 8, 1989 the board approved the purchase of a 5" Artesian
well to be installed at Sandridge Golf Club.
After approval, I proceeded with obtaing written quotations. I have received
the following quotations from:
1) McLaughlin Well Drilling $ 7,500.00
2) Reliable Well Drilling 8,000.00
3) Drilling Services Inc. 11,944.50
24
It is my recommendation that we award the job to Reliable Well Drilling.
There are three reasons why I recommend them over McLaughlin who is $500.00
cheaper.
1) They "do not" require half of the amount as a retainer.
2) Completion time is within two weeks where as McLaughlin
cannot give me a firm date.
3) They are presently installing the wells for our rain shelters
and are doing a very good job.
I would like to proceed with this as soon as possible so it can be wrapped
up before the budget year ends.
If there are any questions please feel free to contact me.
i
Administrator Chandler emphasized that time is of the essence
on this project and this company has indicated that they will be
in next week and can have it completed in two weeks.
Commissioner Bowman was concerned about drilling this well,
even though the Board approved it back in August, and Commissioner
Bird explained that right now we are pumping out of a drainage
canal with a gasoline pump across #12 fairway into a large lake
and then picking it up at the other end of the lake with an
electric pump and pumping it back through a 6" line down to the
irrigation lake and then pumping it out of the irrigation lake
onto the golf course.
Commissioner Scurlock emphasized that this is just an interim
solution for 2-3 years unti-l-we can irrigate the course with
effluent.
Commissioner Bowman felt that every other alternative should
be explored before drilling this well because of the millions of
gallons of high -chloride water that will be draining down into the
shallow aquifer.
Commissioner Bird noted that Dodger Pines has been irrigating
that golf course out of artesian well water for years, and they
haven't had any problems.
25
ROOK 7 f'r1�E �e
SEP 12
1999 Boor. 77
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
approved staff's recommendation of awarding the drilling
of a 5" artesian well at Sandridge Golf Club to Reliable
Well Drilling in the amount of $8,000.
BUDGET AMENDMENT #097 - IRC UNEMPLOYMENT COMPENSATION CHARGES
The Board reviewed the following memo dated 9/1/89:
TO: Members of the Board
of County Commissioners
DATE: September 1, 1989
SUBJECT: UNEMPLOYMENT COMPENSATION
CHARGES TO THE COUNTY`'r,
BuDGE-T AMENDMENT - 0�7- ✓ �'
THROUGH: Joseph A. Baird/
OMB. Director
FROM: Leila Miller J',
Budget Analysts°'
Description and Conditions
' 5b
J A
m.
SEP 1989
ADMINISTRATOR'S
-., OFFICE
;The State of Florida, Department of Labor has charged Indian River
.County for Unemployment Compensation payments to former employees.
A budget amendment is required to reflect these payments.
Recommendation
Staff recommends the Board of County Commissioners approve budget
amendment 097 to refund Unemployment Compensation payments, funding
,to come from contingencies.
i.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
Budget Amendment #097 for unemployment compensation
payments, funding to come from contingencies.
26
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
SUBJECT: BUDGET AMENDMENT -
NUMBER: 097
DATE: September 1. 1988
Entry
Number
Funds De artment Account Name
Account Number
Increase
Decrease
1.
EXPENSE
GENERAL FUND
Administrator Unemnlo ent Comp
001-201-5f2-012.15
$1.719.00
0
Parks-/Unemployment/Compensation
001-210-572-012.15
S 28.00
0
Building & Grounds nem . Comp.
001-220-519-012.15
S 277.00
9 0
Risk Mana ement Unem . Comp.
001-24-6-513-012.15
493.00
0
Su v. Elections Unem .Com .
001-700-519-012.15
9.00
0
Reserve for Contingency
001-199-581-099.91
9 0
2 526.00
IRC EMPLOYEE HEALTH INSURANCE CONTRACT
The Board reviewed the following memo dated 9/6/89:
TO: Members of the Board
of County Commissioners
DATE: September 6, 1989
SUBJECT: HEALTH INS N NTRACT
THROUGH: Jack Pricey
Personnel director
FROM: Joseph A. Baird
OMB Director.
American General Group Insurance Company contract for administrating
the Indian River County health plan is due for renewal October 1, 1989.
The contract, as submitted, is the result of staffs negotiations with
American General and a review of Indian River County's claim history.
The agreement has the following changes from the current years
contract.
1. Administrative fee has been increased from $11.24 per
employee/per month to $11.98 per employee/per month.
One reason for the increase is the revisions in the
insurance premium tax laws for the state of Florida.
2. The cost of reinsurance (stop/loss insurance) at a
specific pooling of $50,000 has also increased to
$12.72 from $10.11 per employee/per month. Reinsurance
cost are based on an organization's claim history and
Indian River County is having larger claims over the
$50,000 threshold.
27 EOOK � � FA,E. ���
I
SEP 12 1989
3. The maximum annual paid claims liability has been
revised from $1,182.99 per employee to $1,360.44 per
employee. The dependent liability figure has been
revised from $2,003.04 per dependent to $2,303.50 per
dependent.
4. The annual aggregate premium fee has been adjusted from
$12,800 annually to $15,100. 'This is a result of more
employees on our insurance plan.
5. The three (3) days estimated claims deposit has been
II adjusted from $18,720 to $24,300.
I..
6. Life insurance premium costs have been reduced from
$.56 per $1,000 to $.45 per $1,000.
The overall result of the changes will probably mean an 15% increase in
the cost of health and life insurance costs to the county. In
.evaluating the increase, we feel it is reasonable taking into
consideration the broad coverage of our health plan, the nation_ wide
problem of skyrocketing medical costs and the recent announcement that
Indian River Memorial hospital is raising its rates over 20%. In fact'
several jurisdictions we surveyed have been notified their insurance
costs were going to increase over 20%.
The county's health and life insurance plan includes the Board of
County Commissioners, Sheriff, Clerk of Circuit Court, Property
Appraiser and Supervisor of Election employees. We are anticipating an
average of 970 employees will be on the plan and that it could reach a
peak of 1,150 employees. Historically we have had 33% of employees
requesting single health coverage and 67% of the employees requesting
dependent coverage. Based on the contract and estimated costs we have
budgeted $2,876,465 which we feel is adequate to cover the cost.
RECOMMENDATION
Staff recommends the Board of County Commissioners authorize the
Chairman to sign the contract between Indian River County and American
General Group Services Corporation..
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously approved
the contract with American General Group Services
Corporation, as recommended by staff, and authorized
the Chairman's signature.
CONTRACT AMENDMENT NUMBER 7 IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
28
i
I
AUTHORIZATION TO DRAW ON IRREVOCABLE LETTER OF CREDIT - RIVER RUN
DEVELOPMENT
The Board reviewed the following memo dated 9/6/89:
TO: Members of the Board
' of County Commissioners
DATE: September 6, 1989
SUBJECT: AUTHORIZATION TO DRAW ON•,IRREVOCABLE
STANDBY LETTER OF CREDIT NUMBER
00000000017899 — RIVER -_RUN
DEVELOPMENT CORPORATION
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITION
%I River Run Development Corporation placed a Letter of Credit in the
amount of $69,310.00 with Indian River County. The Letter of Credit
was placed as collateral in the event that River Run did not pay water
and sewer impact fees for Building A in River Run Condominiums. The
Budget Office has been notified by the Utility Department that $49,310
in impact fees are now due and to draw on the Letter of Credit.
RECOrIlKENDATION
Authorize the Chairman to sign a draft
Letter of Credit number 00000000017899
Florida, dated December -6, 1988.
v =.Wrq t`
to draw down $49,310 from
with Southeast Bank N.A.,
Utilities Director Terry Pinto recalled that way back when
they
first started
the project,
we
found that they had
not kept up
with
the impact fee
escrow fund
and
we made them place
a bond in
place of the cash that was supposed to be in there. All we are
doing is saying that it is time to draw on the letter of credit.
OMB Director Baird explained that the letter of credit
expires shortly, which is why we brought it to the Board today.
Mr. Mueller owes the full $69,000; we are drawing down on $49,000
and giving him a $20,000 credit.
29
,3E P
SEP
12
1989
moK
7 S
Commissioner Scurlock
suggested that we do this after
October
1, 1989, when the impact fees will be increased. We could collect
$4,000-$5,000 more than if we do it now.
Director Baird didn't feel we could do that because the
letter of credit says "Upon the issuance of Certificate of
Occupancy we have the right to draw."
Attorney Vitunac confirmed that the impact fees rates::are at
what they were at the time the C.O. was issued.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously authorized
the Chairman to sign a draft to draw down $49,310 from
the River Run Development Corporation's Letter of Credit
with Southeast Bank, as recommended by OMB Director
Baird.
INTERLOCAL AGREEMENT WITH TOWN OF ORCHID - WATER, SEWER AND
EFFLUENT FRANCHISES
The Board reviewed the following memo dated 8/23/89:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: August 23, 1989
RE: TOWN OF ORCHID FRANCHISE
The attached interlocal agreement grants the County an
exclusive water and sewer franchise and a nonexclusive
effluent re -use franchise within the Town of Orchid for the
next 40 years.
The Town will construct all water lines and sewer mains and
other facilities needed to connect at the County's water and
sewer facilities on the barrier island. The water service
will come from the former North Beach Water Co. plant and
the sewer from the soon- to -be -acquired Sea Oaks wastewater
treatment plant.
Staff recomends authorization for the Chairman of the Board
of County Commissioners to sign the attached interlocal
agreement.
30
Attorney Vitunac noted that this is the culmination of many
months of hard negotiations with the Town of Orchid. The Town may
have its construction of the.system performed by a community
development district or by itself. They haven't decided that as
yet, but they will build the system to the County's specs, turn it
over to the county lock, stock and barrel, and we will own it and
run it for 40 years. It is ready for adoption today.
Commissioner Scurlock felt this is probably as much control
E a
as we can get over future growth in the Town, because if you don't
have water and sewer, it is very difficult to move ahead. He felt
Attorney Vitunac and Utilities Director Terry Pinto took a very
aggressive role in these negotiations, and commended them for
their efforts.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the interlocal agreement with the Town of Orchid, as
set out in the above staff recommendation, and
authorized the Chairman's signature.
AGREEMENT IS ON FILE IN THE -'OFFICE OF THE CLERK TO THE BOARD
AMENDMENT TO PURCHASE AGREEMENT - McKEE JUNGLE GARDENS
The Board reviewed the following memo dated 9/7/89:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: September 7, 1989
RE: CONTRACT - McKEE JUNGLE GARDENS
At the direction of the Board at the August 22, 1989,
meeting, the Board ratified the contract entered into
between Vista Properties, Inc. and James Chandler, but added `
one amendment concerning access to the wetlands parcels..
The attached exhibit will satisfy the Board's concerns
concerning the access and staff recommends that this page be
substituted for the one ratified by the Board. Mr. Ewing
has executed this change, as has Mr. Chandler.
31/'
EP 12 19891 BOOK 1 d f°.�r. ���
r SEP 2 1989
MOK
Attorney Vitunac explained that when the the Board ratified
the proposed contract several weeks ago, Commissioner Bird
suggested an amendment on the access to the wetlands. The
amendment is typed in at the bottom of the contract: " At closing
Seller shall execute to Buyer an easement across lands adjacent to
and North of S. Relief Canal for public access by automobile to
Parcels 3 and 4. This easement will state that its use wi4:1 not
unreasonably interfere with the operation of Vista Royale Gardens
Golf Course in the same manner it is being operated on the date of
this Contract." The restriction that we will not interfere with
the operation of that particular golf course hole is somewhat of
an impediment, but staff feels in real life it won't be something
we can't live with. Mr. Ewing is unable to give us any better
access simply because of the geography of the situation.
Immediately south of that access, we also will have the access
from the St. Johns River Water Management District, so i.f push
comes to shove, there probably are other ways of getting in there
in the future.
Administrator Chandler explained that this is the access that
was provided to us when the County got the wastewater facilities,
and although the language in that seemed to be clear that we could
have access beyond the use of the local wastewater facilities, we
wanted to make sure that it was absolutely clear.
Commissioner Eggert was concerned that the site plan that is
being shown by the McKee Jungle Gardens Preservation Society shows
2-3 cuts out onto U.S. #1, but Chairman Wheeler didn't think that
the DOT would approve any additional cuts.
Commissioner Bird asked if we are buying the main entrance
road going into Vista Gardens, and Administrator Chandler
confirmed that the purchase incorporates that road and also the
parcel on the corner of U.S. #1 and Indian River Boulevard.
Commissioner Bird was concerned about buying that private
entrance road because of the maintenance responsibility.
32
Administrator Chandler advised that there are agreements on
maintenance between Vista Properties and Vista Gardens and Vista
Villas condominium associations, but no standards or levels of
maintenance are spelled out in those agreements. Those agreements
simply state that Vista Gardens and Vista Villas share in the
maintenance expenses, and 79% is being borne by those two
organizations. Mr. Ewing has indicated that Vista Properties' 210
amounts to $5,000-$6,000 a year.
Commissioner Bird asked if we would automatically inherit the
agreement to pay 21% of the maintenance costs, and Attorney
Vitunac explained that the agreement will show up in the title
search, and the County will step into the shoes of Vista
Properties, the developer, and we will own the road subject to an
easement and the easement is subject to an agreement which
requires us to maintain it. The county will pay 21% and the
associations will pay 790, but there are no standards mentioned in
that agreement.
Commissioner Scurlock questioned the inclusion of the
wetlands as part of the purchase, since we are paying a
significant amount of money for them and have such limited and
questionable access. He wondered why we just don't go ahead and
buy the uplands, preserve the Gardens, and then negotiate for the
best wetland along the river at the cheapest price rather than
being held up for top dollar for something that we can't ever get
at.
Administrator Chandler emphasized that at the very inception
of these negotiations, Mr. Ewing made it quite clear that it was
all or nothing, whether it be the wetlands, the private roadway,
or the piece of property on the corner of U.S. #1 and Indian River
Boulevard.
Commissioner Scurlock asked why we just could not go in and
condemn the upland portion and do what we have to do and not pay
the freight for all the other parcels. This was not any
reflection on Administrator Chandler who followed the direction of
E: P 11 198 3 s ROOK ���/ F'A.ur. ►�
SEP 1 10,89 NOK ci g�
.— a
r. P AW
the Board on the negotiations, but he seriously questioned the
whole process. He felt we are paying more than we should for it,
and that we are not getting what we ought to be getting.
Commissioner Scurlock recalled that he was in the minority view on
this issue, and believed this thing is getting deeper and deeper
and is costing more and more. He was the one, and still is, who
felt we should go out and buy what we want, paying cash, and get
on with it. However, that was not the Board's view and that was
not the direction given to Administrator Chandler. He didn't want
anybody to misconstrue what he was saying. He was absolutely for
buying the Gardens, but did not want to purchase the wetlands.
Commissioner Scurlock questioned the $400,000 for utilities
that is a part of the appraisals on thin purchase. He wondered if
that is really a vesting and is the value that the appraisals put
on it.
Attorney Vitunac advised that staff determined that they were
vested for utility purposes, at a significant cost to the utility
system which will not have to be paid if the County owns and uses
that property for a park. In effect, that is a $400,000 reduction
in the price.
Commissioner Scurlock added that Utilities has a policy that
says when you return capacity, there has to be a willing buyer for
that capacity. There is no requirement on the County to buy back
capacity unless they resell.
Commissioner Bird asked Attorney Vitunac to go through the
$400,000 bit once more, and Attorney Vitunac explained that Vista
Gardens, as part of a deal that was before his time, has a right
to free water service from the County, maybe sewer too, and those
impact fees add up to about $400,000. If the County owns this
property as a park, it won't need 100, 200, or 300 connections,
and those connections or reservations in capacity in the plant
would be available for resale to other developers somewhere else.
The County Utilities Department would get $400,000 in cash for
34
M M M
them, which it wouldn't have got if Vista Properties had developed
a shopping center or apartments on that property.
Commissioner Bird returned to his concerns on maintaining the
entrance road to Vista Gardens. He didn't feel we have the
manpower or the expertise to maintain that entrance and signage in
the same manner it has been.
Administrator Chandler felt there are several accommodations
we could look at, such as continuing with the contract arrangement
or having the Preservation Society provide some of the
maintenance.
Commissioner Scurlock suggested that sometime between now and
the referendum we renegotiate the arrangement and clarify the
specific standards on the entrance, but Attorney Vitunac
emphasized that it is in our favor right now as there are no
standards, and we would pay only 210 of the costs.
Commissioner Scurlock felt we will see whose favor it's in
when we have 1200 residents in here complaining about their
entrance way, and Commissioner Bird was not impressed with paying
just 21% since we presently are not paying anything toward
maintenance costs.
Commissioner Scurlock -stated that he just wanted to raise
some concerns today.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously ratified the
slight amendment to the contract as presented by
Attorney Vitunac.
SEP 12 1989 35
BOOK 7 F uc. ���J
STANDARDS FOR REAL. ESTATE TRANSACTIONS,•
OF TITLE 111 M• a1rcJ.ast Ut tale f ft'•'prd as Lvnxjit dr/rnt 11y a fripidablP jowl rum"in i atlsh;rt tam It, lad wml..gi 11vq, eel File t r,.Pna.l Iy :n, ^•'a'n.,o ' +
n 1'1• all :rflp.lif Ry,rn,7'A III Ile PnSlnm. ids .dir,•hnq tdip h, Read htnxhly nrturipd m IM IxAyrc recall" at the coolly wlx`rrn neat F41gr»IY •� Pm:a'.ql tin.. rlh ( btu•
L Iw,It x1411 I:rr,l,,.••rJ tvt11• pr rel+,V nddx: 1Pt.md%. a slrh Leer dalr as may Ir! anloma•y in the enufay Utw1 cbsintj d tln4 UN1str.lknt IM aLsl•wt 449 Iv[Ima
NNx Ire `y to /6y?r Mdie, l hi llw'yda to nt•4hlxyl aggnol Iry last na4-w%P0 inlhl ftley Paid 121 A title a aa'ce rmahilail hum» try a Tlowln 11m,, -Pt lits" -IMNrr MPa?y 1
h: ,As$e n R,yv telt•, r.«.,xrkng Of f11'P de4•d h) fl -Nim. an owner/ prij M tale vmrmw* 111 Nv amOtall Iry purchase mice. inslrag Rovers title. In Ile .al IM•g4Pf1/ xtdry'!'f n•dy
Seller al Ci before CMA, SP1le, !.1,,411 nill'er•y a mn•krla'ma
h enol p1a ma+ ra . a Per..•Id call m nu lett alrvt set Imth in Ili 5 GtpJr�Ncl oaf NvgP dj t shin la le ilistle Off
gPd by taJ
• + ' " t.'M• pdrptcl rY"y ht 'I ar. .4•lu n•Mares nxcem ln4 W it vildSAl4n19 Sof f rdt n Catdratc Alsdtt'IaNe lire Mwg be detprmirpd arcocatg M stxvxoihlr 1dtP SlmviaM4 a•bpkai try
a.dl.lny M Ttr I lu »a Iter soil 111 :y.r,:41M1re wah lest silver shah 1 30 days. A AbSIfaci m 6 clays. d W Com"Ametd, hon) da16, of Iecimir w.tnra-rt nl 1•Ivr h, Prggn x•
i P 1.11. q It•axl 0,4W. n?. Lltyof Sllaa. wilhat 3 days. Ivddy 50*4 n wldng Spt4,tilyltg tekcllaj N Inn drlecll{i raider Ii1k unmankalab'e. Sv von rate t bl days hmm n^ l* 1rt
Lt •nN,'.P wd,a•, wt.x:j• 11, ,.n.rNP IIp tkhrtjsl. ijmlxq whirJn tilryPe shah hive Nle option d eialPr accepting UTS, Idle as it Innen M of dmn,•Itvlbttj a rP1u•xl :A tk7;nSth41 pAmf wl•r f•
Bran mlala4f'a111P!y Iw .ett■,.4I t., "''yin. tlrigxaml tktyrn Nal SelMr Silas retpate omi slid des 1mIFM dtipalinm YMaI Ida cordtato Seller 4111, 11 lar 49 Iwxl tdlmArw+tat.le
tae dd.Ant en-vt to c,rtra t tivl+tNI 41 line with» ppm trM PfMkled Il,erphx. kcMr!dq Noe 0 gnlq td fiecessary s11ds.
`;i• a. PURCHASE MO14EY MciroGAGE: SECURITY AGREEMENT TO SEI LER: A txrchasr matey, mmlgatlp AM nxwlgW rate to selAr d,aa Prnvitb kr A 30 clay g•'tfP :v'•lml
,))
vnllmAd INma4y. 4'an
41.41. t -p rd td r)P11,018.111A a Pitt nrrlyiae, and IS day (par jtnirxd a a v!rird of r•a4er mortgage: shall IxOvide Int,nght d rrttt•nyrtr.td in w" n• m 1•.vt
trot rtgrlr•A are..PlPial in to wlev 4 arip,stn.tvd m Pveml d r,:7alr. d tical Pr wily. $Aim regtare as prior barn rod erttrnlrem es to 1.11 krill in ,kiwi st.uvhn.1 aril f011vt nmm!d.;Ah vq
fA n• 1•ilu'P a•lvarr." ttrd- Illicit .Irm!kJ;1 jP sl. a•mf Iimf -i rkpm.r. tulle anti Setarily r+grremPrd shall be olherw7e m form and comietd twphind by Rnib• Ir.a $nae• may m1'y 1` 1 n••,
:'111 sr0 custrlala•dy lnaxl,xh nvtf jm4q, momgaty, I.Ags. slid w•ctray apretiments generally tAitiied by savhg MITI ban vlsla,ai r1s. a elite tx nalrmal !,v*. k:c.dPOI r1 111P 1.110,
. vrtm+C'in 1U.•al P,,q—. ,y .9 Itrit" All Pp x-vany and traRns t4ang caw0ypd or assigned win. at Sfak•f S Option, be subject to the lien d a sec -1111Y Alt'tww/pta Nlumde•r.'nl by .a.n••bd
fi•Anearq slak•nanli n 11 bafktwt malni tg,!, IM
final Rayrrent will Pvepnd the Idsiod'C newnN•nts theteon.
C SURVEY: Ptiww of &tyn4 pie p 1,411 within tarp 0fk,xgwl In iMlw r MiHntrq d Idle eM to examine femme, may has! Real Nor*My Su•vPyrd a+wl r ntul,a l try n rpg9loro•) Txatttl
s•Nvey0n If s.rvPs SI MA mwoct ;lmtlmd an ncal Fnp,.wty r* Prot mttrov iretds leafed on Rani Frej arty ejaCmaCh ort aelbaCk (i'eS. easements. lonrls d 0911"S a v elate env teshictars.
Grnftwt rnvPrat•t!s a aw. Nmlie gOVPtnnen'itI 1Pgulalkan. the same ishan coh9titide a tate detect
0 TERMITES: Oyer, at S'aya $ eaop•me, vnihmt time naw,sgd to delna* evidence d lip" aid M rxnmrle same. may have tical Prei'eknnd
rly Ped by a rinrvli CPrlAtrvt Paul ,:Cq'mt
[l:e,Aler to ttptmrnNvs it Nv.e •8 wy ,dw!tk adnp lernute infes!alion a visible exislmg dimAgp 1tom termite inlestatiin in'II•e tmpt0venx4aS II ealNPr 01 WIT a'm Io,rml O,ry?r von
have A days lion date N —4tPvT not rp IhrwA vnnnh, vthrh In have Ail dam; ft. arlvlher visibtp a not. hial,eeled and tbslmviled loaf a kcmne.l hnrinr to gelp,al conbarL•g S,11•w
4•wn pay varvi ceras •a NraUnwd ant rat&* of an damI4e tip to Ta, ol txrrehaAo Price' Should such costs exceed that alrttrnf. Silver Siwe have rte Mama, rA capcpahxJ /,nnb.rf
wdtnn S stays allw. n.ocoTa rd mill;r.torI rrttlai pSlimat9 Iy jPwq wr111t-n 11di:e to Snikt tv 6yer may t'led to Twoceed with the (tanW.1ia•, it wl-ch ivpnl Rityw $IIig rrrt4a4
n vcF
c-ld et ' og d 11.1 anvil,•4 0.slit b the total of tip. Itpntmenl NOW cellae estimate not In excess d 2% d ov pewchase price.. Termiles' d1Ml M dP0n1r1 to meidq ng it'" d
eASlmylrrl enJq•asnn n*rx•mi h. ir4 rejlr*1'41 nxxtrr Ntts Fkvida fi•sl Control AAd
E INGRESS AND EGRESS: Sa•Inr wturptas a Ce8xp1T0 Ce bye QjVt+ 9 and egress to Ilio Reai Properly Oull,eiejd ItM Itte Inlontled use ps dr.•srnLpd m Pattutrmdt VII hPnP: f.
h•kP In vdta.h M x, iccca•Jancit math S ntmckud A D 1
F. LEASES: Schur %4411. ,mol L•Ae naso Is days tvifae cloog, furtdsh to t4" coped d as 1lnlnen teases aid 0810111,01 tetters from each itglant 11r+•cayagi Or, nAtutr. pin rh.,ntai
. el tlrf Ir,vd s nildn, Tat-%. a ffigsx•d 1enA *,slid sally tkqui0% pad by tenant. N Sete* in linable to obtain Sud) teller kren earth tntstd, ftp $.ulml H1,749011 In '4131' t•p
hx•tislv.l by Wit,, k, FAr,r, Tombir that 1411 mixt in Use lam ill 0 &•IM's aflxta ill, 11110 Diver "MY Nrneetfet contact eglras to c01anm strh mdt"Iratb 1 51rk'x Slays. at 0.1"oJ
reit ver And assign as .;rgma' bases 111 &ypt
G. LIENS: SPIv, Aim Iutm J1 11 teem At ta•v, of rk mAl am affidavit attesting M the AbstxKP. Wd9SS 000rwi80 Pmvhkd her hero*, d nnY 1a17traq xlalre of siq of rvn m
t r!lonna' cirrus Mr4vn to SAIer aPc hw11vw ellorling that there have heat aro bMOWmwas M 1Ppah$ to P4mtt4ty for 90 days in1•mrtLitely ryot:nlial date d rk,egaJ P PnyPP•'y
ties t—:n PotvC •. rl.'F 'CpanPtf Nillln Ilnl Ito F allpr Id tN.4v" rPITIMAS M wBivel$ d mechanics IiertS execJhM by all genA,Al CCnItM..ItP9, eldletent/ACtaS, ctTilvP q. AI! R1At^' 9x1'11•
,n &&Dant In 1i•1 k•r's Nm1 atl•dava SP!1•gti I).lh Uv. I'nma% td dl 9,ich g!4wr l CtxArsdoq, aldlcrvalachus. "Millpis and InBterpinron And further affitnm,y 11171 an charges Im •n7>m„pnrrds
01 repairs whrlt cwld serve as a harm ler a IvWlank:'s len ter a claim for damages lave been paid or win be paid at closing.
H. PLACE OF CLOSING: (:hsigg %his be Mld ill Ill ctardy whole Real Property Is located, all the df'tee d th0 Alf m all or othr closing sgPM deskAwtPil by uW m
1. TIME- Toa ,9 0' pr. •ssp,re ei Pas Co•Irgcl frac Dnrxxis herein of less than 8 days srWs in gas conipa ntien exetude Snturdnys, Sjndws owl Stale a national legal ho-td.Wq
s+xl arty Nene tvtiltried ilk" lo, hgtin which, Shalt "IT, on Snlunfay. Sunday a WW handay tilts extend 16 8'00 p m. d the next business d ry
J DOCUMENTS FOR CLOSING: SolnStats lumi%h reed, hot of sale. merltari 's sen slldawt sssgmnrd!fi d bases, lenaM.mid mrntgagea estoppel WRIT It, and ctxrm:hwa Insftunvt Is
S rye• S van Itrnigh cjmSiig llat",pnl• meN gar. nolWW note. security11Mpmile A• and mancinlg statements.
K. EXPENSES: tkartrn_tlary 4aPa1S on Ihp deed slid rectxdmg cofeetive inalrariumIS M11a be paid by Saw. Ct0alafe!AanY atronlla, NdanQde tAx 111x1 recadlrg Ixrd+as9 nbruy
nmrjolW. is .Pr.:kf. deed stmt firtaY:YPg Maltmnl,ds dtd7 by raid by SUM.
L. PRORATION$: CREDITS: Ia,Pl. aSSPswrSnh, rant• merest, ararroca ad otter exrterlseS and rtwmmm of Properly shag be prorated itrough day bPfmn cb%rg D.rfPr Blinn haw
file twirum of lakl•q MPJ any e.Keirl. IteJq#es of l"Paner, 1111791rr1Ablp, let vA*ch tiveril premium! Shwa be ptOrated CABh at closing Shan be inctnnsed a tk!0onsed as pity t*,
tatyriol by Irn•n1:Mta r'pyrak tt! wia 1wtal'Jp Ihr.xad, Ilam coir Io rr:cllpv" d ocetiplIncy occarS tn•lore closing. Advmie9 rent and enctordy drjwnAs will ho uoria0d In nrypr or"
es^mw d-0:3101% ted by In o•IgnoPls avis be en?,fAetl M SrIM. iA,nes slwd he 1raa1M based on the dlrmerd ypar's tau wdh Ohm sPowafce mark br maxmxtm a11"PtInr ditrrtrd
hmm slond and ram eaemdk•P6. N c nWq ticaas Al a dale wtwn fie cartent years mAfage is rot fixed, and Current years aafe9911 eN k a,edibk, tamps will M prorated
. Item 9011 i14m•ssngaA AM IM INKY yr:e S till e.n 8 rested yrnr s ansesenrnd Is rad avasabiP. 8,ltt lames will be troaled at ilio Wier Ypm's lax If tfeare lire cmt><btrl Imc,ttvPmomly
tui Field Moventy by J.v%"Y 'til d YPIr d tkrai,rJ what, imprdsw:netdg w9r0 not n exklernee ter Jralary'tsl d Ilse pkx year elan large shad ha ir01ntpd ILase•l ttpra, iters pi•r
pPm s "A7, and Al an p,e'dfalye A%grssnvPmd h, ter agreed •axle hplvtemn am partips. titaing which, request Wal be made to the Coady, lit11mrly Ahr'a.ser fox m, War,twl aasessmr9"
lakrq q4 c-Twetatir,n aw.014c erpmdtelis Any tax pr0•ataml haled at an v1dimSIS may. td request 01 ratites Buyer a Seger, be auhatat"anlly rum iPmJed t4lon epeelpt of tax lid
n
.. M coyldmn Ihal a sial -mon! to PONT dill is in the f nwg Slalenlent
M. SPECIAL ASSESSMENT LIENS: C,o,isnd: cminnx d ani raldvd sperW a.7essm0i11 hmm 89 94 tate d CID" land not As d EffPCiivP Dirt*] am In ter! pad hY San 1 P' lar•
1x+m rA M dal- W :',.uirq shall Ile asserted by Wyam d tho Nnp'ov?m'nl him neem S1,hslaMligy compfeled as of ERa.lhre Date. such tend" ben ship be clym4OfPd aS cerlitb 9
vinlm,nPtl or rmhlr'd rox1 SIPan shill, th closing. M rJiagPd 111 s•narit equal to the lest eSihrmle d assessment to► the irnproven,e^t M 1h1e plMk: body.
N. WIS11ECTION• REPAIR ANO MAINTENANCE: taa,Pw watranis that. as of 10 clays prior to tic". the teshn 1001 (incltxafg the fascia suit adhtq) and exte•ha e•td fnf0trr wane
aka tuft haws s y v .MLE EV9.1ENOF d oak$ 'r wAlw clam" and that pre entitle tank, pod, an mtgo► 8P!UOOPIfn. Iteri•g. todhg, ekd,ieal, promise eystPms calf machopaery are
.M VyDRKg•:c: r;[lt01W) i Stye, nt'ty. M thitore Pxtle i-, have fntpeetitdls made d Mose items by an al7roDrkleiy fkxHA licensed tern dpahxq n the ermnhuetk*1. rprAfr a
rr;Wlensnep n' Ihnsp aims pIwl shill n .. 1 in vndmq In SOafer Stich Gams stat d0 not *eel the above Standards as Io dolaets IngWhgr ash Ilio cost o' cmmdmg thsm, print k
134Wq trct rat" a owl k•4s tlw, 10 lints Print ks t Mgoxj. WhkhrPwr fY drS 1v.4. Urden Spier repofIs arch del9th within Nat time Buyer $111111 be deprived to have waked self Ir
wa,rtJntp4 as M •U!teris rva rervxlP[d 0 /epnirs of frrtkK9mtg,i Bre Ir. Vnwl• SOW Shan pay tip to 3% d ane cinches@ ptCa to Such ralptam or feidatemptds by an 0igw Vf' v
i h exeegq IanG vddrJ
a t M 9x ^a
r
PkrkOA !rp•hgp•1 t1,*P+vn xPbrlw.1 by Sa0pr N pp Cvtl lin NKh rpppirs A fejdrraapnt exceltds 39, d I o Iarene,e Shag e Psi a Sx a may etc DttY reastvLiL,k
adlx* flatly n•t-/ rmKN Mils t ltdtaxi It Spiter m ww" to rn?ly-1 the diNfpels pkw b deakg. Nat Cos) Named tAu9 be pikJ ir11n escrow al et„4t9 SPIk:r will. ttpe•a
naicp. aPmrfe tad tots -fen,t;e for kxjec:lions BehiePrt Eflechtle Daft- mW the closing. Seder shill menlam 11too"ty inckwong txd nit "pit to the Imvn And srold#vy. in thin avrJltnm
l,pretn wwrma'•aarid d
, nHmvy impar il Mu eveei`I•Farm Shwa he pprmilled alec"S ref unit widen d Pn lwly gui r to araiflg n older to Contain comollow.0 Till 01 SlalraAd
'O. RISK OF LOSS: it PIN, Ptomily is .Mmigcd by Nle o ether Cnx,Agy heirs dasahp Srwl COSI d re$laalkn dotes rot exctial 3K d Ime aases4Pi1 vahfallen d Its P,nomfy sr.
ttin4gtM re"! of msl valirnt shall 14..ai, lddk}ilen td lie SWM and closing shall proceed p lsu9nt to 010 ternro d Canlrael ash matorAUon crisis asrrewail at elnui g P It ri an
of irstrattre ••rtt'wH 3;, d tlx• asScgtd wal
.tation of Ole Implownpnls so dont••agad. RAM she" 110" thl 00110" oerty f•atther fall" Prop118 is. together NtNI other Ilia 3% a
s '` ' of Y trlAaerca Irtr:eed! P•yald9 Iry vahNi d Such Nros a datn�e, a d urlceatq Cardrsd end feces hIg IMwn d dartosalsl.
P. PROCEEDS Or Sa.n. CLOSING PROCEDURE: TM reed Shan be rocarded upon clemenee d kinds. N alladract. evA0.nee of lift- shalt he cOnfm1M et Bayer $ 0tPome to Men
Mile In 16gp . *tumid wry Orr,aPlrarres or cldu`gn which wmdd rP/vkg "Wolf a Nil* taurnsrkMabie Nom Np dale at Ill -first evidence Prucr'eds fol live. snip Shia be held in r7u rat
. Iry Ftlim a all at" tr I y stlrh tither nmfiwny nrC,PtaaltW Pselow agind Ito a Pwiol d nM bpgef than 8 days front and eller eHahrj dale N !jglk•t a Idle is trimttaed unnteraM9l4r
I-noogh M laid[ of R•ayW. R:fyO, Alcon• wnlxn 1'" 6 day rftwul. Ixtlily Open in wrilihq of that defe d W4 $par shag hi -id' 30 days from'ilia of 1nr:mW ed aiich aAdeelrmt lu pct
aro 4---11 11 FPila. Tndq to innoty t•7■p Ihp (htpti. ran iffInsnh%i Shan. t" wrdlen demand by a W and within S day.,,,alter demsrol. IM tphrned to aiWm and stmenatteraaiy wolf
n1.h P•IL•r/mrel 9•ym clava mlimn ttaxrnnNy rsml wwA•p nnal Mihai y 11x0 term" N to sent* by speekd wananly deed. N thwer fele In mnAp lan•ly rk+tunnel for m{utr1. Fk:yr.
Shins take 11th as t4• wit W'q aI rlghht Bg•IIit4 : 4W as to any mletw:n•l� llrbsd eXe@11I 11S may be avaaAfde b &yid L`Y milshe d WarnAntaPs umdahx•d m Nle de^d N A porttaw
• , tit ttv nrrM•te Jwra III M lav rkP'irr*1 bruitYnaldub`nAl luvrrtnq a wPtrlwrig, rPgtliremplits d Nle knrhlq "#idiom as to dare Nmit of day atwl r4forerllrps lry cbavq an) f)
lfhtiur•,M*p,d r
PI nPa1,poll rv•'„'nMg 41aP rod,ol Orae contrary "isron in this Ctinhad Spall shall have lite right to temple froth Me trawling 1,4141110" a vniftpn r.,Nltninrf•1 Ilia
d 411 fled ixlndga.f W4,10son.*a to miral IT, twtxe"lS as a resta n) arty title defect a1hRx,l.:OW to Wifer-n,ortgagor. Ilia endow and cbsnng jvueatturo rilOnareJ M !1ds St.rgar
mit by wan•0d d tab sap if n,St,mq w..1vP,, e7 7841, F . (887,lL.S1as emended.
O. ESCROW' Ary esc.mmr tarmj f' nd I teceivkvl tmult er rq,mmhgq is atddtli ilmid OM dOws by aceeplanre of Nvfn to dPPosa them tmcmptly Iola 081me in A$nnW "'I.
to crwa•re, d,sLi"go tla+n m, &• Coltkda:P with tcgm% rid comfit" of Contract Faallne 01 C1Pmav,68 d holdS Shag notexcuse SUYM 9 Per101mvw•e 11 in tkudt as 10 Allan! s thaw
cn 4ahn,405 •nm n Isle rmfNit t N of C•marml, kp tf rnivy AI Agn.A S ofaNxl. Contkmle to hold Ilse SU*C, maRer d file escrow until the pinlies nadusgy agree to its (F4 liftstrmen
n odd a PrkJ•,N)nt cf a cert of Cnm p,,IW yrisditlty OAI drm
fri ak, IhP 69148 d the Parties re Agent may, tksixtsT wdh tdml ekwk at the cscua coir) bayllq pp19d1Ctnr1 i1 ft,
d Bta11P lhva, nrii'ytroJ ql• rA•'r4 r•rvwttr•il of s,■.h V+flat. an Iglmkil 111 1110 pall cal Agan) shah tLON (f*m4ate. pxceoi %,:Ilse extent d a'.canang het amy deme pmvinusfy dpINT"e•
fullCf PAr;I•w It ., 14• KPd'r7t pi:lln ryrnkA. , Atirnd 1.4 cental tv-pnitk
, ptttns of Chenin 478 FA. (tg87L as arminded Aly slid betwpPn Bttyel ref Fe',At wltnrP AgPnl is m+P
A patty b.4;tusp of rfl.nd nt Anrl,.t IvwnaraN*, a in Silly real -AM•pn Acrid nimpkAda the r.bieel rAw d atttthe PSt:mv/; Agent %hdl /tteOvet reB$tNlit k4 OftarpyB 1pe7 and .CTs
•nar,Pd w•P1 Uti, hr•s wo';osis In f:P cl•A•;jn:t A•nd mAr,s7ed At rotml crisis in lava of Nle prevailing Party Parties a7ife that Agent Shall not h9 tahk to Any Petty to nprso
Ica friled q v9. v 1'• Ft-WM 'Pr 5rt'=* ll flans ,. A.gert in this e4r tyv Unless swIt nilsMrwiry ls elm to wdgld breach of Crinlract Or pros/ rvg'ige red Agra
R. ATTORNEY FEES; COSTS! In :try tit!galtrin arts" ad of this Contract. the IxevAAaq party Shan till IMINIrd to reCOMM FeAsonabb attorney a lees ARrt t osts °
S FAILURE OF PEIIFOR1AANCE• fl bye, IPdS k• rriletin Ntn r'4•h Ae1 ytgtltn N» till* Specified flock" paymPla of as drPOSIiSl). 1110 n1Pp0selsl Imml fry DWI n:iy bq 1s4 ta$
' Ity v Its 1.11 ta,•:rv,r11 Of ";PLw as .101`14 limit trsaaLifed dam:ir•s. consakvalum htr' Ne ouli action of Nis Contract and. in lug apit" mal of any claim. wix"tgiGfin, Ll M'1 A'rf CAA
Simi- to tolle~l to all 44ty-h••its •rvkr Cm.11-M ter S••ar' of %Pilot s clef on navy Placard n 0nuity to pnlNCP SO!" s WTIS unix this Co,Nad g hp slty tPasnn Ogwr Ilan f:r•'a
fa "Am 1t. ns11P IW4- S Idler tn•rAntn!d•P fit, r dd'W"It 6,11011 SPFPn fads, tuegkrls It Idusas to pmlam a" Contract. (Mi Buyer may se11k allocate jwwkxnuirh;e is eft t 10 feet*
to P rel onif t31.r f R •k•;rar•dlgl wdl.ra 11w eN mrnmin aty artitm• for rLilm igps IPsuging from Sr9a 9 breach.
T. CONTRACT NOT RF.CORDARLE: PERSONS ROUND. NOTICE: N,•il{wt Nd, ['i'nharr ,xr any aA'ct- of d shall lir .rntrnl4wi in airy pnb'ir. teta4d4 11x4 Crm,h:.rl gh•nv Maxi An
1.wP t:, 1i►• tv.•v1I '•1 It.. h.r lw4 :rel f1g4t arrrS4r,Ig its ndrnJ NAvRN••rq IM ed•ierl Wmgs. Sktptder Shall nekde•plaal nil fvw goaW Miall rr4xN! An tkAice giwat by t
in Uv alt v.y her .N y 1411y ghdl InA as r•Ila•laa as d IpvP11 hY a lU I11a1 lially
U CONVEYANCE' S•W'ta 4Lia r•vwry ale In orm riviv,ev fly 4atldexv watt". hilsiNi ,s. jvrSaxnai reYNt-wgyafive's Of 1j"O"IfinnS rh•Prl ae Alljto "I'll lu Net 4ad.Ia of Spew. yd1Y!r
'Ndy it, ntata,V•
gg r^IJhx.•l lot t!it::•Id, V11 armt Nx,w Pllv;fvnxr ;v,olal4i by 8lyw
flaf9trieay' afCdl, at mpAtsl of &/JiGr; be hroalerlM by r1 Alnxtdtdp 1x11 of Saw With wArrant
of Irk` radia -'c *Wy ht 41rJ, nwfWrS Aq may I+p dhenwise ptwa" her frsmah '
V. [ITHFR AGnEEMENIs: Nn tn;ry n I4el rIPI Awremanls N ft goctilaborts Shan be bit" tgtotl Styr, or Sager [Mass krhrdM In this Contract No lmdttiratton or, cha,igp t
this Crritia.4 0131' t? va'rt In hi•xii,li perm !iM parlirlt unless m writing mill extruded by the party tr owfirs intended to he bdlnxl by it
W. WARRANTIES: S•'k4 ws rails Itiil 114 r a e fh 1: 1 it•lrryvq len •ser kvlagy aRm:pilg the va�i of the Rest Pror" which roe riot feiddy N se.ya►ie BhaYOr or. -whir
►,arr•mIIPPP•, mAaOsea f.P B,yP. *At c�l.os Ing She Ller shaf� execute to buyer an easement across lams a��acent -ti
anti North of S.Relief Canal for public access by automobile to Parcels 3 and 4. This easement w:
state that its use wJlt notAfiiterfere with the. operation of Vista Royale Gardens Go.f Course in
the same manner that it !s being operated l�oitn the date of this Contract'. 9%i•714?
N•J r pi u.,.Q ! L da 1111, r. The tTrr^vTi trim IST r i/eifn 4: n►hmt M I1F'ni N7►li. Air. i:' v q/'(
36
A
Map of McKee Jungle Gardens
and certain wetlands
PARCEL M
17 2 AC.,I%,t
-PARCEL
.1p.149t AC.,,
q Ve
PARCEL'
V%
Cc
SO 14
I
Ar. rs
j
SEP 2 1989
f- Arrr ni%c:
i7, d1ji
SEP 12 1989 mor. 7 P4. c 9:36
BOND RESOLUTION - McKEE JUNGLE GARDENS
The Board reviewed the following memo dated 9/5/89:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: September 5, 1989
RE: BOND RESOLUTION - McKEE JUNGLE GARDENS
The attached resolution calls for a'referendum to be held on
November 7, 1989, to authorize the issuance of general
obligation bonds or notes of Indian River County for the
purchase of McKee Jungle Gardens and certain nearby
wetlands.
Staff recommends authorization for the Chairman of the Board
of County Commissioners to sign the attached resolution.
Attorney Vitunac advised that if the Board wishes to make any
changes in the language on the ballot, this is,the time to do it;
however, the language cannot go over 75 words. He wanted to make
one change on the ballot question. Instead of saying "For the
Purchase" and "Against the Purchase", he would like to have it
read "For the Bonds" and "Against the Bonds".
Commissioner Eggert asked if staff felt comfortable with the
legal descriptions, and Administrator Chandler advised that we
looked very closely at the descriptions that were provided to us
in the sales contract.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, that the Board adopt Resolution
89-87, with the change in the ballot language in Section
No. 4, as recommended by the County Attorney.
37
Under discussion, Commissioner Scurlock asked for assurance
that there is no requirement to issue any general obligation debt
on this and that we still have the ability to fund this with any
mechanism we so choose, and Attorney Vitunac confirmed that to be
absolutely right; we can do it ad valorem, notes, or anything. We
don't have to issue bonds unless we want to.
Commissioner Bird was torn on this issue because he had some
concerns about the price we are paying on this property,
especially the wetlands. He had a problem with buying something
that he didn't feel someone could develop anyway. On the other
side of the coin, he did feel that the property owner's rights and
the value of his property has been affected to some degree by
certain actions of this Commission in their feeling that they were
representing the wishes of the major of the people in Indian River
County. He guessed his feeling is that if that is the way the
Board feels, and if that is the way a majority of the people in
this county feel, then he was not opposed to taking it to a vote.
If the residents want to vote to tax themselves to buy this
property and pay Mr. Ewing his price, then he is willing to go
along with that vote, and that is why he voted to put it to a
vote. However, like Corrmi-s-si oner Scurlock, he has some concerns
and reservations about this because as things continue to crop up,
it doesn't always look like it is in the county's best interests.
Commissioner Scurlock believed the public would support the
acquisition of the Gardens portion, but not the wetlands. He
would vote for the Motion, but he did not know at this point what
he was going to do when he votes at the polls.
Commissioner Bowman felt the ball is now in John Q. Public's
court, and they are going to have to decide.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
38
SEP 12 1989
MoK.
P 12 ROCK 913 S?
RESOLUTION NO. 89- 87
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, THROUGH ITS BOARD OF COUNTY
COMMISSIONERS, AUTHORIZING THE ISSUANCE
OF GENERAL OBLIGATION BONDS OR NOTES OF
I ND I AN RIVER COUNTY, FLORIDA, IN ONE OR
MORE SERIES, IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $2,900,000 TO
FINANCE THE COST OF PURCHASE OF THE
McKEE JUNGLE GARDENS AND CERTAIN NEARBY
WETLANDS IN THE COUNTY; CALLING FOR AND
PROVIDING FOR A BOND REFERENDUM OF THE
QUALIFIED ELECTORS RESIDING IN- THE
COUNTY TO BE FIELD ON NOVEMBER 7, 1989,,*
ON THE QUESTION OF THE ISSUANCE OF SUCH
GENERAL OBLIGATION BONDS OR NOTES; AND
PROVIDING FOR CERTAIN MATTERS WITH
RESPECT THERETO AND AN EFFECTIVE DATE. F
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION
This resolution Is adopted pursuant to Section 125.01,
Florida Statutes, Chapter 100, Florida Statutes, and other
applicable provisions of law.
SECTION 2. ISSUANCE OF BONDS
Subject and pursuant to the provisions hereof, general
obligation bonds or notes (herein "bonds") of the County of
Indian River, Florida (herein "County") are authorized to be
Issued In one or more series in the aggregate principal
amount of not to exceed TWO MILLION NINE HUNDRED THOUSAND
DOLLARS to finance the cost of purchase of the McKee Jungle
Gardens and certain nearby wetlands in the county, the legal
description of which properties are attached hereto as
Exhibit "A"; together with other purposes necessary,
appurtenant, or Incidental thereto, Including all costs of
the issuance of the bonds. Such general obligation bonds
shall be payable from ad valorem taxes levied without
limitation as to rate or amount on all taxable property in
the county. None of such bonds shall be issued for a longer
term than one year from the! r*date of issuance and such
bonds shall bear interest at the rate or rates not exceeding
the maximum rate permitted by applicable law at the time of
the sale of the bonds.
39
RESOLUTION NO. 89 -
SECTION 3. BOND REFERENDUM
A bond referendum of the qualified electors residing in
the county 1s hereby called to be held on November 7, 1989,
to determine whether or not the issuance of general
obligations bonds in one or more series in an aggregate
principal amount not to exceed TWO MILLION NINE HUNDRED
THOUSAND DOLLARS shall be approved by such qualified
electors to finance the cost of purchase of the McKee Jungle
Gardens and certain nearby wetlands, together with other
purposes necessary, appurtenant, or incidental thereto,
including all costs of the issuance of the bonds.
All qualified electors residing in the county shall be
entitled and permitted to vote in such bond referendum. The
places of voting and the inspectors and clerks for the bond
referendum shall be the same as those places designated and
those persons -appointed by the Supervisor of Elections. The
polls will be open at the voting places from 7:00 a.m. until
7:00 p.m. on the said day.
SECTION 4. OFFICIAL BALLOT
County election equipment shall be used at such bond
referendum and the ballot to be used shall be in
substantially the following form:
OFFICIAL BALLOT
INDIAN RIVER COUNTY, FLORIDA
BOND REFERENDUM - NOVEMBER 7, 1989
SHALL INDIAN RIVER COUNTY BE AUTHORIZED TO ISSUE
GENERAL OBLIGATION BONDS OR NOTES OF THE COUNTY IN
AN AMOUNT NOT EXCEEDING $2,900,000.00 FOR THE
PURCHASE OF THE McKEE JUNGLE GARDENS, OF APPROXI-
MATELY.19 ACRES, AND 3 NEARBY WETLAND PARCELS, OF
APPROXIMATELY 81 ACRES, WITH ANY SUCH BONDS OR
NOTES TO BE REPAID FROM AD VALOREM TAXES WITHIN
ONE YEAR AT AN INTEREST RATE NOT EXCEEDING THE
LEGAL RATE?
FOR THE BONDS
AGAINST THE BONDS
SECTION 5. REFERENDUM PROCEDURE
The bond referendum shall be held and conducted in the
manner prescribed by general law for holding bond
referenda.
BOOK
I
SEP 12 1959 RESOLUTION -NO. 89- 87
Poor 77 Fac 940
SECTION 6. ELECTION RESULTS
If a majority of the votes cast at such bond referendum
shall be for the issuance of such bonds, the issuance of
such bonds shall be approved and then such bonds may be
Issued as hereafter provided by the County.
SECTION 7. NOTICE OF BOND REFERENDUM
This resolution shall be published in full by the Clerk
of the Board of County Commissioners as part of the notice
of such bond referendum, together with an appropriate map
similar to the map attached as Exhibit "B" and with a
caption in such form as he shall determine, in a newspaper
published in and of general -circulation in the county, at
least twice --one in the fifth week and once'in the third
week prior to the week in which the bond referendum is to be
held, the first publication to be not less than thirty days
prior to the date of such bond referendum.
SECTION 8. SEVERABILITY
In the event that any word, phrase, clause, sentence,
or paragraph hereof shall be held invalid by any court of
competent jurisdiction, such holding shall not affect any
other word, clause, phrase, sentence, or paragraph hereof.
SECTION 9. REPEALING CLAUSE
All resolutions in conflict or inconsistent therewith
hereby are repealed, insofar as there is conflict or
inconsistency.
SECTION 10. EFFECTIVE DATE
This resolution shall take effect Immediately.
The foregoing resolution was offered by Commissioner
Eggert and the motion was seconded by Commissioner
Bird and, upon being put to a vote, the vote
was as follows:
Chairman Gary C. Wheeler
Vice -Chairman Carolyn K. Eggert
Commissioner Richard N. Bird
Commissioner Don C. Scurlock, Jr.
Commissioner Margaret C. Bowman
Aye
Aye
Aye
Aye
Aye
RESOLUTION NO. 89- 87
The Chairman thereupon declared the resolution duly
passed and adopted this 12thday of September, 1989,
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By Attestary �e_eTer
Chaff man
eL
Attachments: Exhibits "A11 and 111311
RESOLUTION IN OPPOSITION TO PROPOSED SALES TAX LEGISLATION TO
IMPOSE STATE TAXES ON INTERSTATE_ MAIL-ORDER COMPANIES
The Board reviewed the following memo dated 8/10/89:
01�-T"1Bl_1T10N UST
-
A4j:z:n st: &tor V
HALE INDIAN RIVER GROVESAttornay
INDIAN RIVER PLAZA • WABASSO. FLORIDA 3MO Per«;;anal
W5— Publ;c Works
Can,-nurity
Utilities
August 10, 1989 Finance
Other
kd ,
I R Citrus Adv`�Committee
1840 -25th Street w
Vero Beach, Florida 32960-3394
We Would Appreciate Your Assistance: .
Your help is needed to stop Congressional action that would make mail order
shopping a nightmare for millions of Americans and cause great concern for
the well-being of mail order companies such as ours.
Briefly, the Use Tax Legislation currently before Congress will enable
individual state and local governments to collect a sales tax on purchases
made out-of-state thru mail order companies. The amount of tax to be
collected would be determined by state and local tax laws.
42
BOOK / P,�GL 4.
Il
BOOK. ,+ 9Z
Under this legislation, it would be the responsibility of the mail order
company to -collect the taxes from customers. Sorting through the maze of
numerous state and local taxes would require companies to hire additional
personnel and would ultimately raise the cost of products. Again, customers
would be burdened with an increase in product cost as well as additional
charges for taxes. The bottom line ... lost sales and revenue due to
increased costs. It is even suggested in the attached text that some
companies could be forced out.of business due to the unmanageable nature of
the Federal Use Tax.
Attached is "Common questions and Straight Answers About Federal Use Tax
Legislation" provided by the Florida Gift Fruit Shippers Association. Also
attached is a copy of a resolution (S. Res. 80) introduced by Robert W.
Kasten, Jr. which condemns the proposals to require mail order corrp6nie's to
collect out -of -,tate sales taxes. Please take a few minutes to read these
items. If you agree with the resolution, let your Congressman or Senator
know by signing the suggested letter attached (or personalize your own
letter) which urges your representative to support the Kasten Resolution-,- and
mail it today.
Thank you for your consideration and cooperation.
Sincerel.
Jack Mcoonald� '
General Manager
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 89-88, in opposition to proposed sales
tax legislation which would require interstate mail-
order companies to impose state taxes on items mailed
across state borders.
43
I
u
RESOLUTION NO. 89- 88
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, IN OPPOSITION TO PROPOSED SALES
TAX LEGISLATION WHICH WOULD REQUIRE
INTERSTATE MAIL-ORDER COMPANIES TO
IMPOSE STATE TAXES ON ITEMS MAILED
ACROSS STATE BORDERS.
WHEREAS, it is the right of the states under the
United States Constitution to levy taxes on their residents
and to require companies in the state to collect those
taxes, but it is not the right to require companies located
In other states to collect those taxes; and
WHEREAS, it is not the role of the mail-order
Industry to be the tax collector for each of the fifty state
treasuries; and
WHEREAS, this kind of unwarranted restriction of
Interstate commerce can on'ly result in an excessive burden
on taxpayers, and -is an impediment to mail-order companies;
and
WHEREAS, collecting and maintaining records on the
sales taxes would result in expenses which would be passed
along in the form of higher prices to consumers; and
WHEREAS, this ♦proposal would complicate the lives
of those who shop by catalog, a group that includes more
than half of the United States adult population; and
WHEREAS, those who use the mail to make catalog
purchases would be required to wade through a maze of state
and local --tax rates that often affect different items
differently. in trying to determine the applicable tax and•
then actually figure the amount due; and
WHEREAS, this a burden to which retail customers
are not subjected, and is terribly unfair; and
WHEREAS, the collection of taxes in this manner
would be grossly inefficient compared with the collection of
the taxes at the cash register; and
089
44
ES O F,, - '-. ! tJ
I
SEP 12 198 eoo� 1 �' F c 94'
R
WHEREAS, t'he handicapped, the elderly, rural
families, and single parents are typical consumers of
mail-order products, and thus would-be particularly burdened
by this proposal; and
WHEREAS, small mall -order companies will not be
able to comply, and their services will be lost to their
customers; and
WHEREAS, there will be a long period of litigation
with the overhanging threat that mail-order companies that
choose to fight this unfair legislation may be liable for
the payment of retroactive taxes should the courts uphold
proposed legislation; and
WHEREAS, to allow any state to make laws that
reach across state lines is a dangerous precedent;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that
any proposed legislation which would require mail-order
companies to collect out-of-state sales taxes should be
rejected.
The foregoing resolution was offered by
Commissioner Scurlock and seconded by
Commissioner Bird and upon being put to
a vote the vote was as follows:
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert le
e
Commissioner Richard N. Bird.��
Commissioner Margaret C. Bowman Awe
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution
duly passed and adopted at public hearing held this 12th day
of September, 1989.
BOARD OF COUNTY COMMISSIONERS
INDIAN -RIVER COUNTY, FLORIDA.
By c✓�
ary eeTer, �h'aTrean
45
DOCUMENTS TO BE MADE PART OF THE RECORD
A. Proclamation - Emergency Medicine Week
P R O C L A M A T I O N
WHEREAS, September 17-23, 1989 has been designated EMERGENCY
MEDICINE WEEK; and
WHEREAS, the theme for EMERGENCY MEDICINE WEEK in Indian
River County is "Children Can Help"; and
WHEREAS, the children of the county are recognized as
important helpers in many emergency situations, both now and in
the future; and
WHEREAS, the County of Indian River, State of Florida,
wishes to pay tribute to the dedicated people in all phases of
emergency medical services who provide skilled and compassionate
health care to our citizens;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS of Indian River County, Florida that the week of
September 17-23, 1989 be recognized as
EMERGENCY MEDICINE WEEK
in Indian River County, and the Board urges all citizens of
Indian River County, Florida to recognize and support the
volunteers and professionals who provide emergency services to
this county, and conduct educational programs which assist both
adults and children in rendering aid during certain emergencies.
Adopted September 12, 1989
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Gary (/ Wheeler, Chairman
46
SEI 12 �� BOOK
S E P 12
1989
BOOK
There being
no further business, on Motion duly made,
seconded and carried, the Board adjourned at 10:15 o'clock A.M.
ATTEST;
Clerk 04Chairman
47