HomeMy WebLinkAbout9/19/1989BOA R DI
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ACT 1 ON =£. 1 MPLEMENTAT i ON �•�'
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA`
A G E N.D A
REGULAR MEETING
SEPTEMBER 191 1989
9:00 A.M. - COUNTY COMMISSION CHAMBER
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA I
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COUNTY COMMISSIONERS ! '�
Gary C. Wheeler, Chairman James E. Chandler,County Administrator
Carolyn 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
9:00 AM
1.
CALL TO ORDER
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2.
INVOCATION - none
3.
PLEDGE OF ALLEGIANCE - Vice Chairman Carolyn
K. Eggert
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4.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
CONSENT AGENDA: 9G.2
5.
CONSENT AGENDA
Approved.
A. Approval of Minutes of Special
Meeting of 8/21/89
Approved.
B. Received and Placed on File in
Office of Clerk to the Board: -
Report of Convictions for months,
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of June, July and August, 1989
Approved.'
C. Traffic Violation Bureau, Special
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Trust Fund, Month of August, 1989
$52,252.21
(Memorandum dated.8/8/89)
r.
D. Proclamation Honoring the N.A.A.C.P.
_
A roved.
Pp,
E. State Aid Grant Application
Approved.
(Memorandum dated 9/5/89)
F. Sewer Encasement,'Main Library Siite
__
Approved.
(Memorandum dated,9/6/89) I
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G. Release of Easement Request by:
Res: 89-126
Thomas F. Byrne, III and Suzanne T.
adopted.
Sabannas-Byrne
(Memorandum dated 9/5/89)
H. Dept. of Transportation Joint Project
A
Approved.
pp
Banking Agreement.. I
(Memorandum dated 9/12/89)
•
ry t
EP 1
19 9
o FLIM i
Boor
I
Tabled one
week.
Approved
Alternate #2.
Approved.
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• 9:05 AM
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Approved 5%
cost of living
increase.
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Res.'89-127
adopted.
,k
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Approved.
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Approved.
S.
6.
7.
8.
9.
CONSENT AGENDA - CONTINUED
I. IRC Bid 89-82, Trencher/Backhoe
(Memorandum dated 8/28/89)
J. Deficit - Fleet Management
(Memorandum dated 9/13/89)
K. Turn Lane Along Barber Avenue
at Medical Service Subdivision/
Indian River Memorial Hospital
(Memorandum dated 9/13/89)
CLERIC TO THE BOARD
none
A. PUBLIC DISCUSSION ITEMS
none
B. PUBLIC HEARINGS -
none
COUNTY ADMINISTRATOR'S MATTERS
Salary Adjustments
(Memorandum dated 9/13/89)
DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Plat Vacation Request for a Portion
of Tract "B" Non-exclusive Ingress/
Egress and Utility Easement for
Timber Ridge Village II
(Memorandum dated 9/7/89)
B. EMERGENCY MANAGEMENT
Approval of Additional Compensation
for W. R. Frizzell Architects, Inc.
for Bidding Civil Engineering Site
Work and Coordination of Civil Site
Work During Construction
(Memorandum dated 9/11/89)
C. GENERAL SERVICES
Indian River County Jail, Phase II
Electronics
(Memorandum dated 9/12/89)
D. LEISURE SERVICES
none �.
E. OFFICE OF MANAGEMENT AND BUDGET
none
F. PERSONNEL
none
BOOK
A. CHAIRMAN GARY C. WHEELER
B. VICE CHAIRMAN CAROLYN K. EGGERT
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER MARGARET C. BOWMAN
E. COMMISSIONER 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
BE BASED.
BOOK
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9.
DEPARTMENTAL MATTERS - CONTINUED
G. PUBLIC WORKS
1. Master Agreement and Work Order
Approved.
for Peterson & Votapka, Inc.
!
(Memorandum dated 9/1/89)
Approved.
Pn:==5�=-I._ shores --(aka
--- -_ _- -- -
UTILITIES
1. Water and Sewer Service Area:
Approved.
Agreement Between IRC and
City of Vero Beach
j
(Memorandum dated 9/6/89).
Tabled for two
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2. Construction of Two Reverse
weeks.
Osmosis Water Supply Wells for
IRC North Beach Water Plant'i
(Memorandum dated 9/11/89).
Approved.
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3. Grant Funds, Waste Tire &
Recycling Programs
j
(Memorandum dated 9/12/89)
10.
COUNTY ATTORNEY
Approved 5% salary
adjustment as proposed
Fiscal Year 1989-90 Salary Program
by Adm. £ readdress
for Employees of the County Attorney's
the step increase at
Off ice
same time Adm. comes
(Memorandum dated 9/13/89)
back w/his step
Increase plan. 11.
COMMISSIONERS ITEMS
A. CHAIRMAN GARY C. WHEELER
B. VICE CHAIRMAN CAROLYN K. EGGERT
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER MARGARET C. BOWMAN
E. COMMISSIONER DON C. SCURLOCK, JR.
12. SPECIAL DISTRICTS
i
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
BE BASED.
BOOK
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Tuesday, September 19, 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 19, 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; and Virginia
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Vice Chairman
Eggert led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler had several changes. He advised that
under Community Development Item 9A requesting Plat Vacation for
a portion of an easement in Timber Ridge Village II should be
changed to 7B as it has been advertised as a Public Hearing.
He requested that -Item 5.1. under the Consent Agenda be deferred
for one week, and asked that an Item regarding Professional
Services for Treasure Shores Park be added as an emergency item
under Public Works Item 9.G.2.
,..-ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously added, moved
and deferred items on the Agenda as described above.
Administrator Chandler informed the Board that an appeals
hearing of the Solid Waste Disposal District Board has been
scheduled and advertised for 11:00 o'clock A.M. today.
SEP 2
1989 BOOK l7 ml,1620:
S E P IS 1999., q�
BOOK / Pf �EJlla30
CONSENT AGENDA
Chairman Wheeler Items J and K be removed from the Consent
Agenda for discussion, and it was noted that the Administrator
has requested that Item 1 be deferred for one week.
A. Minutes of Special Meeting of 8/21/89 it
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Special Meeting of August 21, 1989.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board uPonimously approved the
Minutes of the Special Meeting of August 21, 1989, as
written.
B. and C. Reports
The following were received and placed on file in the Office
of Clerk to the Board:
Report of Convictions for months of June, July and
August, 1989
Traffic Violation Bureau, Special Trust Fund,
Month of August, 1989 - $52,252.21
D. Proclamation Honoring the N.A.A.C.P.
Said Proclamation is made a part of the record, as follows:
2
L I
P R O C L A M A T I O N
WHEREAS, in 1909, spearheaded by Mary White Ovington,
William English Walling and Dr. Henry Moskowitz, the National
Association for the Advancement of Colored People was born; and
WHEREAS, since 1909 the mission of the National
Association for the Advancement of Colored People has been:
1. To eliminate racial discrimination -and segregation from
all aspects of public life in America;
s
2. To secure a free ballot for every qualified American
citizen; -
3. To seek justice in the courts;
4. To secure legislation banning discrimination and
segregation;
5. To secure equal job opportunities based upon individual
merit without regard to race, religion or national
origin;
6. To end mob violence and police brutalityp and
WHEREAS, Indian River County established a branch of
the N.A.A.C.P. in Gifford in 1963 and changed the name from
Gifford N.A.A.C.P. to Indian River County N.A.A.C.P. in 1983 to
include all people in the five cities and unincorporated part of
the county. During that time three Presidents have guided the
local branch of the N.A.A.C.P.: Arthur Lee Henderson, Raymond
Sharpton, and Victor Hart; and
WHEREAS, Victor Hart, the present leader, still
remembers the problems of the late sixties and the early
seventies when he and other members marched to obtain jobs in
Vero Beach business and industry; and
WHEREAS, Victor9Hart helped integrate the beaches and
the county school system, and established bussing of school
children throughout the county;
WHEREAS, the mission of the Indian River County
N.A.A.C.P. is to fight for justice in courts, 'to educate all
children, to reduce drop -outs and to eliminate drug abuse with
the belief that the future lies with the children:
NOW,
Commissioners,
congratulates
Colored People
Indian River
missio�
THEREFORE, the Indian River County Board of County
on the occasion of the Freedom Fund Banquet,
the National Association for the Advancement of
on its eightieth birthday and wishes it and its
County Branch great success in achieving its
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Gary C Wheeler, Chairman j
Adopted this 19th day of September, 1989
3
NUGK 9 `guF,�b3 -
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BOOK PDGF 32
E. Library State Aid Grant Application
The Board reviewed memo from Library Director Mary Powell:
DATE: 9/5/89
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
e
THRU: H.T. "SONNY" DEAN, DIRECTOR x#
DEPARTMENT OF GENERAL SERV
SUBJECT: STATE AID GRANT APPLICATION '.
FROM: MARY D. POWELL, DIRECTO.
INDIAN RIVER COUNTY MAI LIBRARY
BACKGROUND:
The Indian River (County Main Library -annually applies to the
Florida Department of State, Division of Library and
Information Services for state aid. State aid is a supple-
ment to County allocated library funds.
ANALYSIS:
It is required that the chairman of the Board of County
Commissioners sign the application.
RECOMMENDATIONS:
Staff respectfully requests that the Board authorize their
chairman to sign the application and return to the Library
Director to be forwarded to the State Library.
Applications are attached.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously approved the
Application for State Aid to Libraries and authorized
the signature of the Chairman.
4
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
APPLICATION FOR FY 1990
STATE AID TO LIBRARIES
The Board of County Commissioners of Indian -RI v r County
hereby applies to the Division of Library and Information Services of the Florida
Department of State for an operating grant for public library service as authorized under
Chapter 257, Florida Statutes, for the fiscal year beginning October 1, 1989 and ending
September 30, 1990.
We certify that the following amounts were centrally expended for the operation of
public library service during the fiscal year ending September 30, 1988.
Total Expenditures,
October 1, 1987 - September 30, 1988 $ 741, 866.00
Less, State Aid RECEIVED ($ 35, 913.00 )
Less, LSCA Program Grants RECEIVED ($ . , 40, 500.00 )
Less, Other State and Federal Program Grants RECEIVED ($ =0- )
Less, Any Funds not Expended CENTRALLY ($ -0- )
Total Local Expenditures Qualified for Matching $ 665,453.00
We certify that the following amounts, exclusive of federal and state grants, will
be available and expended centrally for public library use during fiscal year 1989-1990.
County Appropriations
(County funds from local sources only) $4,257,889.00
* City Appropriations
(City funds from local sources only) $ -0-
Other (Specify) $ -0-
Affidavit from each city pro-viding funds optional.
TOTAL $4,257,889.00
This library service is provided through contracts with the following cities and
counties: Indian River County
The yield of a one mill tax In this county is $4, 152, 219.00
The Applicant agrees to expend any grant awarded pursuant to this Application In
full compliance with the terms and conditions of Chapter.257, Florida Statutes, and
Chapter 113=2, Florida Administrative Code, relating to county free public libraries and
the State Library, which Chapters are incorporated by reference as part of this
Application and attached hereto.
September 19, 1989
Date
4
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Chairmar
Indian River County
Board of County Commissioners
5 BOOK / 0 ["'F � -?
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.t a
O FLORIDA STATE ARCHIVES t' "t+ ❑ STATE LIBRARY OF FLORIDA
(904)487-2651
(9041487-ZMSAN: 303-2051
•�� nwa�•
n RECORDS MANAGEMENT FLORIDA DEPARTMENT OF STATE
SERVICES
(904)487-2160 Jim Smith
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
R. A. Gray Building, Tallahassee, Florida 32399-0250
CERTIFICATION OF
QUALIFICATIONS FOR HEAD LIBRARIAN
FOR
STATE AID TO LIBRARIES
I HEREBY CERTIFY that the incumbent administrative head or head
librarian, Mary D. Powell has the following qualifications
(Name)
as stated in Rule 1B-2.002, Florida Administrative Code:
1. Completed a library school program accredited by the American Library
Association.
2. At least two years of successful, full-time paid library experience in a public
library unit open to the public at least 40 hours a week.
DATED !O 19
. n
BOOK. F.�,F��y:!!
Signe
Indian River County
COUNTY NAME
F. Sewer Encasement - Main Library Site
The Board reviewed memo from Superintendent Williams and
from Vero Beach Utilities Director Hillman Goff:
6
Lam'
DATE: SEPTEMBER 6, 1989
TO: JAMES CHANDLER
COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICLIP'
FROM: LYNN WILLIAMS, SUPT.
BUILDING AND GROU
SUBJECT: SEWER ENCASEMENT MAIN LIBRARY SITE
DESCRIPTION AND CONDITIONS:
CONSENT AGENDA
As part of the site preparation work for the Main Library Site,
it is required to replace and concrete encase an existing 15"
gravity sewer line. Staff requested that the City of Vero Beach,
design and bid the project, with the County reimbursing for all
associated costs. This due to the City ownership of the sewer
system.
ALTERNATIVES AND ANALYSISs
The attached letter (Hillman Goff dated 9/5/89) and proposals
the Utility Contractors were forwarded for the County's
'.:; ..
approval.
The low bidder is Reliable Construction Services, in the amount
::of $21,461.25.
RECOMMENDATION AND FUNDING:
Staff recommends approval of the bid from Reliable Construction
Services ($21,461.25) for the replacement and encasement of the
15" sewer line and associated work. Further that assurances be
granted the City of Vero Beach for this amount. The City will be
contracting the work. Funding is available in account #322-109-
571-066.51. Allocation of $39,600 had been made based on an
estimate dated 4/88 prepared by Lloyd and Associates.
City of Vero Beach
1053 - 20th PLACE - P. O. BOX 1389
VER& BEACH, FLORIDA - 32961
7Wephont: 567-5151
September 5, 1989
Mr. James Chandler
County Administrator
Indian River County
1840 25th Street
Vero=Beach, Florida 32960
RE: Sanitary Sewer Encasement for New Library Site
Dear Mr:. Chandler:
O►IIC! O/ Tice
WATER A 6[WER O[►AQTN[NT
At the request of Mr. Lynn Williams, the City of Vero Beach
had Lloyd and Associates, Inc. design and secure quotes for
the encasement of the subject sanitary sewers. The -City has
used all three contractors and.recommend their services.
Reliable Construction Services
JoBear, Inc.
A.O.B. Underground
$ 21,461.25
23,183.65
32,600.00
A copy of each proposal is attached for your.convenience.
Should there be any questions, please do not hesitate to
call this office or Tim Norman of Lloyd and Associates.
Their phone number is 562-4112.
Sincerely,
Hillman Goff
E P I S Lector
7
poor.
7 4r' r
SEP 101989 BOOK 1"7 FA�4036
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously approved the
staff recommendation as set out above and approved
the bid from Reliable Constructions Services in the
amount of $21,461.25 for the replacement and encase-
ment of the 15" sewer line and associated work.
G. Release of Easement - (Bent Pine Subdv. - Byrnes)
The Board reviewed memo from Code Enforcement Officer Heath:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:"
za).M A 0, Z.,4�
Ro ert M. Keats , A. .C.P.
Community Development Director -
THROUGH: Roland M. DeBlois A.I.C.P.
Chief Environmental Planning
FROM: Charles W. Heath /�VN��•
Code Enforcement'Officer
DATE: September 5, 1989
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
THOMAS F. BYRNE, III AND SUZANNE T. SABANNAS-BYRNE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of September 19, 1989.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Thomas F. Byrne, III, and
Suzanne T. Sabannas-Byrne, his wife, owners of the subject proper-
ty, for the release of the common seven and one-half (7}) foot
side lot utility easements of Lot 17 and Lot 18, Unit 4, A Replat
of a Portion of Bent Pine Subdivision Unit 3 and Unit 4, according
to the Plat thereof, as recorded in Plat Book 11, Pages 9, 9A, &
9B, of the Public Records of Indian River County, Florida; being
the southeasterly seven and one-half (7}) feet of Lot 17, and the
northwesterly seven and one-half(71) feet of Lot 18. It is the
petitioners' intention to consolidate these lots as one parcel for
future expansion of their residence.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone Company,
Florida Power and Light Company, Florida Cablevision Corporation,
and the Indian River County Utilities Department, Engineering and
8
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Road and Bridge Divisions. Based upon their reviews, there were
no objections to the release of the common seven and one-half (7D
side lot utility easements of Lots 17 and 18, Unit 4, A Replat of
a Portion of Bent Pine Subdivision Unit 3 and 4.
RECOMMENDATION:
Staff recommends to the Board, through the adoption of a resolu-
tion, the release of the common seven and one-half (7}) foot side
lot utility easements of Lots 17 and 18, Unit 4, A Replat of Bent
Pine Subdivision Unit 3 and Unit 4, according to the plat thereof,
as recorded in plat Book 11, Pages 9, 9A, & 9B, of the Public
Records of Indian River County, Florida.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously adopted
Resolution 89-126 releasing the common 71' side lot
utility easements of Lots 17 & 18, Replat of Bent
Pine Subdv. Unit 3 and 4, as requested by Thomas
Byrne, III, and Suzanne Sabannas-Byrne.
RESOLUTION NO. 89-126
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
ABANDONING CERTAIN EASEMENTS on Lot 18 and the
south one-half of Lot 17, in the Replat of a
Portion of Bent Pine Subdivision Unit 3 and Unit 4,
according to the plat thereof, as recorded in Plat
Book 11, Pages 9, 9A, & 9B, of the Public Records
of Indian River County, Florida.
WHEREAS, Indian River County has easements as described
below, and
WHEREAS, the retention of those easements serves no public
purpose;,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
:1�
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River County,
Florida, a political subdivision of the State of Florida, whose
mailing address is 1840 25th Street, Vero Beach, Florida 32960,
Grantor, to Thomas F. Byrne, III and Suzanne T. Sabannas-Byrne,
his wife, their successors in interest, heirs and assigns, whose
mailing address is 5830 Bent Pine Drive, Vero Beach, Florida 32967
Grantee, as follows:
9
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SEP 19
1989 77 rA:rClIlo�
Indian River County does hereby abandon all right, title, and
interest that it may have in the following described easements:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock
seconded by Commissioner
and adopted on the 19th day of
following vote:
Commissioner Wheeler
Commissioner Eggert
Commissioner Bird
Commissioner Bowman
September
Aye
Aye
Aye
Aye
Commissioner Scurlock ! - Aye
Eggert
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Gary Wheeler
Chai man
Attest By
A0e B a r t o
Cler
EXHIBIT "A"
1999 , ` by the
6�
The common seven and one-half (7}) foot side lot utility easements
of Lot 17 and Lot 18, being the southeasterly seven and one-half
(7}) feet of Lot 17, and the northwesterly seven and one-half (74)
feet of Lot 18, Unit No. 4, A Replat of a Portion of Bent Pine
Subdivision Unit 3 and Unit 4, according to the plat thereof, as
recorded in Plat Book 11, Pages 9, 9A, & 9B, of the Public Records
of Indian River County, Florida.
10
H. DOT Joint Project Banking Agreement (U -S.1)
DATE:
The Board reviewed memo from Engineer William McCain:
SEPTEMBER 12, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY RVICES
STAFFED AND
PREPARED BY: WILLIAM F. McCAIN
CAPITAL PROJECTS ENGIN
DEPARTMENT OF UTILITY SERVICES
SUBJECT: DEPARTMENT OF TRANSPORTATION JOINT PROJECT BANKING
AGREEMENT
IRC PROJECT NO. UW87--05-DS
BACKGROUND AND ANALYSIS:
A joint construction project on U.S. Highway 1, between the Florida
Department of Transportation and the Indian River County Department
of Utility Services, was approved by the Board of County
Commissioners on December 6, 1988.. Subsequently, it was necessary
to set up a joint banking account to pay for the project.. The Joint
Banking Agreement -has been established and approved by all necessary
County personnel: (Thi& is an after -the -fact approval of the
transaction.)
RECOMMENDATION•
The Department of Utility Services recommends that the Board of
County Commissiones approve the above outlined action on the Consent
Agenda.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
o,missioner Eggert, the Board unanimously gave retro-
active approval of staff action outlined above.
11 BOOK 77 PA;F1M
BOOK
AGREEMENT
THIS AGREEMENT, made and entered . into this day of
19 by and between the COUNTY OF INDIAN RIVER,
FLORIDA, hereinafter referred to as the County; Barnett Bank of Indian River
County, an incorporated 'bank authorized to transact business iri the State of
Florida, hereinafter referred to as the "Bank"; and the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, here-
inafter referred to as the "Department";
WITNESSETH:
WHEREAS, in conjunction with certain improvements to the State Road No.
5, between 10th Street and the South Relief Canal, County and Department ^
have entered into a contract for adjustment, relocation and/or installation of
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County water facilities ( Utility Work) ; and said contract provides that County
shall assume the costs of performing all Utility Work; and the County and
Department desire to provide for the availability of County Funds to pay for,
said contract;
NOW, THEREFORE, . in consideration of the premises and mutual covenants
contained herein to be undertaken by the respective parties hereto, the parties
do mutually agree as follows:
1. The County shall establish and maintain an account, with the Bank,
to be known as the "U.S. HWY. #1 JPA Account", hereinafter referred to
as the Account, and upon acceptance of the low bid for Utility Work .
contract by the Department and the County, the County will deposit into
the Account the sum of $213,848.60, to cover the cost of furnishing and
installing those items designated for County participation. The Bank shall
confirm the deposit, in writing, to the Department within five (5) days of
said deposit. The Bank shall send monthly bank statements to the Direc-
tor of Finance within ten (10) days of the end of each month.
2. The Bank agrees to invest the monies on deposit in the Account and
to liquidate any such investment at the direction of the County's Director
of Finance. ( Investments shall be only those authorized, by the Indian `
River County Board of County Commissioners Resolution 83-55.) Said
investments shallbe a part of the Account and shall mature or be liquidat-
ed as funds are needed to make payment* to the Department as hereinafter
provided. All earnings from investments of funds in this Account shall be
remitted directly to the County.
3. Withdrawals of monies from the account, other than for investment
purposes as provided in Section 2 hereof, shall be made only in the
following manner. The -Department shall notify the Bank monthly, in
writing, of the amount due the Department for all costs incurred by the
12
County under this Agreement and the Bank agrees to liquidate any invest-
ment deemed necessary from the Account and wire transfer said amount
within twenty-four (24) hours to:
Barnett Bank of Tallahassee
Florida State Treasury
Concentration Account #100004444
For: Florida Department of Transportation
The Department will provide the County Director of Finance, concurrently
with Bank notification, a monthly cost statement for this project. Pay-
ments not received, by the Department within thirty (30) days of Depart-
ment's notification of the Bank shall be considered delinquent. Such
delinquent amounts shall accrue interest at the rate of 12% per annum until
paid in full. The Department's costs for collection of delinquent amounts,
including court costs, attorney's fees, and costs of appeal, shall be reim-
bursed by the County to the Department.
Notification of each wire transfer shall be mailed by the Bank to:
and to:
Florida Department of Transportation
Office of the Comptroller, MS -42
605 Suwannee Street
Tallahassee, Florida 32301
Attention: Ms. Debbie Winkler
Director of Finance
County of Indian River
1840 25 Street
Vero Beach, Florida 32960
Attention: Mr. Edwin Fry
4. The County agrees to make necessary additional deposits into the
account,, as, provided for in the Utility Work contract, within five (5)
working days of receipt of notification of any increase in the estimated
costs of the project.
5. This Agreement shall remain in full force and effect until the County
has met all obligations required of it by this Agreement and shall not be
terminated or discontinued without the written consent of the Department.
6. Upon receipt of written notification by the Department that all costs
incurred by the County under the Utility Work contract have been paid,
the Bank will allow the County to close the Account and any unused funds
shall revert to the County. 13
Boos
SEP 19 �
� J
i'�"i q� .fF
.P 19 1989 BOOK FAt';t
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed, the day and year first written above.
Approved:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Director of Preconstruction
and Design
(Initials) (Date)
Legal Office
(Initials) (Date)
Fiscal Office
(Initials) (Date)
By:
ATTEST:
Executive Secretary (Seal)
COUNTY OF INDIAN RIVER
Title
Attest
01
BARNETT BANK OF
I. Bid 89-82 - Trencher/Backhoe
This item deferred for one week.
14
a
M
J. Deficit - Fleet Management
The Board reviewed memo from OMB Director Baird:
TO: Members of the Board
of County Commissioners
DATE: September 13, 1989
SUBJECT: DEFICIT -
FLEET 10-M GEMENT
CONSENT AGENDA
FROM: Joseph A. Bairdf_
OMB Director
'DESCRIPTION AND CONDITIONS
The Fleet Management Department fund is accumulating a deficit which
we estimate to exceed $80,000. This makes the Fleet Management fund
overbudget. Money must be transferred to balance the fund for year
end or we have the potential of receiving an audit comment.
ALTERNATIVES
1. Transfer money from Road and Bridge and M.S.T.U. to
cover the short -fall and do appropriate Budget
Amendment.
2. Bill all department's for the short -fall prorata and
do appropriate Budget Amendment.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve one of the
above alternatives and authorize the transfer of funds and Budget
-Amendment.
Chairman Wheeler stated that he would like to recommend
Alternative 1.
Commissioner Scurlock favored Alternative 2 as he felt all
departments should be billed for the pro rata shortfall.
OMB Director Baird commented that if we do that, the
majority of the work will be paid from Road & Bridge because they
are the biggest user of Fleet Management.
Commissioner Scurlock noted that Fleet Management would
cover all your fund activities - there are General Fund
activities that receive -service from it as well as the MSTU, and
he did not feel Alternative 1 provides proper cost accounting.
SEP 1 15 qac t F�.sc1
F_
BOOK T F,A E104
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, to approve Alternative 2 of
staff's recommendation.
Commissioner Eggert questioned what Road S Bridge falls
under, and OMB Director Baird advised that it is a Transportation
,-
Fund, but it actually is totally separate and gets funding -.from
several sources.
Discussion ensued at length regarding more careful cost
accounting, and Director Baird agreed that Alternative 2 would be
the correct way of doing it if you go by the book. It gets a
little confusing because a lot of the funding for the Transporta-
tion Fund comes from the General Fund and MSTU and gas tax.
There is a lot more allocation involved, but Alternative 2 is the
correct way.
Commissioner Bird asked if it is an accounting nightmare to
do Alternative 2.
OMB Director Baird stated that he can do it, and
Administrator Chandler -noted that, in effect, you are doing a
closeout on all the funds and all the departments. It will be a
part of the overall process we are going through now.
Commissioner Eggert commented that if we are getting audited
on this every year, it seems it would behoove us to be accurate.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
K. Turn Lane along Barber Ave. at Hospital
The Board reviewed memo from Asst. County Attorney Collins:
16
TO: The Board of County Commissioners
FROM:,.yL William G. Collins II - Assistant County Attorney
DATE: September 13, 1989
SUBJECT: Turn Lane Along Barber Avenue at Medical Service
Subdivision/Indian River Memorial Hospital
On April 25, 1989 the Board of County Commissioners approved
a Developer's Agreement and budget amendment for the
construction of a left -turn lane along 37th Street (Barber
Avenue) at Indian River Memorial Hospital. In the agreement
the County was to formally bid the work.
On July 25, 1989 the Board approved the request of developer
Paul Koehler, that his contractor, Dennis L. Smith, Inc.
perform the work and that the County pay the contractor for
50% of the cost. The Board approved this request and waived
bidding in order to expedite the work.
The Developer's Agreement providing for the County to bid
the project cannot be amended without express written
consent and joinder of the Board of County Commissioners and
the developer.
RECOMMENDATION
Authorize the Chairman to execute the Amendment to the
Developer's Agreement along the lines previously authorized
by the Board on July 25, 1989.
Authorize the Chairman to sign the Contract with Dennis L.
Smith, Inc. for a 50% share of the work.
In discussion, it was -noted that this item was removed from
the Consent Agenda in error.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Scurlock, the Board unanimously authorized
the Chairman to execute the Amendment to the Developer's
>.Agreement previously approved July 25, 1989, and to
sign the contract with Dennis L. Smith, Inc., for a 50%
share of the work as recommended by staff.
17BOOK I
SEP 1 1999 Boa �r�l r,1`40 6
AMENDMENT TO COVENANT TO CONSTRUCT CERTAIN
TIER MERE€igTS-i o RIEAL PROPERTY
WHEREAS, Medical Service Center Company (a Florida
general partnership), hereinafter Declarant, and Indian
River County, a political subdivision of the State of
Florida, entered into a Covenant to Construct Certain
Improvements to Real Property dated April 25, 1989; and
WHEREAS, that covenant in paragraph 6 provided
"This document shall not be amended in any way without the
express written joinder and consent of the Board of,..County
Commissioners of Indian River County, and of the Declarant,
and any such attempt to do so in violation of this provision
shall be null and void ab initio"; and
WHEREAS, paragraph 3 of the covenant contemplated
a contract for the construction of a turn lane being awarded
by the County, with the Declarant submitting funds to
compensation for 50% of the construction cost; and
WHEREAS, the parties now wish to modify the
Covenant to allow the Declarant, Medical Service Center
Company, to contract with Dennis L. Smith, Inc. and for the
County to compensate the contractor, Dennis L. Smith, Inc.,
directly for 500 of the cost of construction,
NOW, THEREFORE, the County and the Declarant, on
behalf of itself and any and all successors in interest,
assigns, heirs and legal representatives, hereby agrees,
covenants and promises as follows:
1. The foregoing recitals are acknowledged and
ratified in their -entirety.
2. The Covenant To Construct a turn lane dated
April 25, 1989 is hereby amended so as to provide mutual
consent to the Declarant, Medical Service Center Company,
contracting with Dennis L. Smith, Inc. to perform
construction of the turn lane and to consent to direct
compensation from Indian River County to Dennis L. Smith,
Inc. for 50% of the cost of construction.
AGREED TO:
For MedVa,,f Service Center Company:
r=.Koeh f er
al Partner
Board of County Commissioners of
Indian River County, Florida
Gary O eeIer
Chairman
18
9-•/I?-"
bate
%S 1., SM 1 7-y
P.O. BOX 2954 A .
G VERO BEACH, FL 32961-2954 " V�
Ore (407) 562-8742
STATE CERTIFIED GENERAL CONTRACTOR LIC. #CG C007541
PROPOSAL and CONTRACT
AUGUST 9,
i 9±9 -
INDIAN JVER 89
INDIANJVER CO_iTpl'T1i
1840 25TH STREET
VFRO BEACH. FLORTDA 32960
Dennis L. Smith, Inc., hereinafter called the Company, offers to furnish all labor, materials and equipment
required for the performance of the following described work in connection with construction 'or
improvements at
HnspTTAL SERVYC'-3 (TURN LANE)
which property is owned by
Description of Work and Price:
12" ROCK
ASPHALT PAVING
555 S.Y. @ 12.00 6,660.00
130 TONS @ 41.66 5,415.80
TOTAL ''$12,075.80
BOND AND PERMITS NOT I14CLUDED
011NER WILL BE RESPO111SIBLE FOR DENSITY TESTING, CONTRACTOR WILL ONLY PAY
FOR RE—TESTS IN THE EVENT OF A TEST FAILURE.
Indian R-11 ea Approved (g Dale
Adrriln.
Eiudgel �,•J��'
Dept
Risk Mgr.
Unless a lump sum price is to be paid for the foregoing work and Is clearly so stated, it is understood and agreed that the quantities refer-
red to above are estimates only and that payment shall be made at the stated unit prices on the actual quantities of work performed by the
Company as determined upon completion of the work.
if the foregoing meets with your acceptance, kindly sign and return the attached copy of our proposal. Upon its receipt it is understood
the foregoing, including the terms and conditions set forth on the reverse side hereof, will constitute the full and complete agreement
between us.
This proposal expires thirty (30) days from the date hereof, but may be accepted at any later date at the sole option of the Company.
ACCEPTED:
Indian River Count
(Firm Name)
By C Chairman
(Name and Title)
7 _ F-%
(Dale)
Very truly yours,
DENNIS L. SMITH, INC.
Contract No.
19BOCK 7 Fg1404 7
SEP 1
S P .BOOK 77 PuUE104
PLAT VACATION - PORTION OF TRACT "B" TIMBER RIDGE VILLAGE II
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority'personally appeared J. J. Schumann. Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
i
a
In the matter
In the _ _ Court, was pub
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sa)d Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the *aid newspaper.
Sworn to and subscribed before me this _ day o .19 �y2_
(Cler` k �f�he ivEf f nty; FI da)
(SEAL)
NOTICE OF PUBLIC HEARING
NOTICE is hereby given that Timber Ridge,
Inc. has made application to Indian River County
for a partial vacation of plat pursuant to Florida
Statute 177.101. This vacation affects Tract "B"
non-exclusive Ingress/eeggress and utility ease-
ments pertaining to Tlmber Ridge Village II, a
condominium, which plat Is recorded in Plat
Book 12, Pages 51 and 51A, public records of
Indian River County. A public hearing on the
proposed partial vacation will be held on Tues-
day, September 19, 1989 at 9:05 a.m. by the
Board of County Commissioners In the County
Commission Chambers of the County Adminis-
trative Complex at 1840 25th Street, Vero Beach,
Florida.
Anyone who may wish to appeal arrtyry decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings
=upon
which includes testimony and evi-
dence upon which the appeal is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
GARY C. WHEELER, CHAIRMAN
Sept 5, 12,1gag 807375
Chief Planner Stan Boling made the staff presentation:
20
0
TO: The H6norable Members of The Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
Obert M. Keatin , W
Community Devel me//►1 rector
THROUGH: Stan Boling, AIC
Chief, -Current D e pmen
FROM: Robert E. Wiegers
Staff Planner, C evelopment
DATE: September 7, 1989
SUBJECT: PLAT VACATION REQUEST FORA PORTION OF TRACT "B"
NON-EXCLUSIVE. INGRESS/EGRESS AND UTILITY EASEMENT FOR
TIMBER RIDGE VILLAGE II
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of September 19, 1989.
DESCRIPTION AND CONDITIONS:
Attorney Bennett L. Rabin, on behalf of Timber Ridge, Inc., is
requesting that the Board of County Commissioners vacate a portion
of Tract "B" Non -Exclusive_ Ingress/Egress and Utility Easement for
' Timber Ridge Village II, -as recorded in Plat Book 12, Pages 51 and
51A, Public Records of Indian River County, Florida. The subject
property 'is located within the Timber Ridge Planned Residential
Development, on the north side of Oslo Road; immediately east of
the Lateral J Canal.
The portion of the plat to be vacated is shown on attachment #3,
all of which is owned by Timber Ridge Inc. This vacation does not
affect.any public or private facilities or access rights other
than what relates to the easements being vacated.
The owner, Timber Ridge, Inc., was recently granted approval by
the County to redesign the interior circulation of this project;
therefore, the easement in question is no longer necessary to
service the project.
ANALYSIS:
According to Chapter 177.101 of the Florida Statutes, the Board of
County Commissioners has the authority to vacate plats in whole or
in part, returning all or portions of the property into acreage.
The vacation is accomplished by resolution of the Board. (Attach-
ment #7) Before the resolution can be approved by the County
Commission:
1. 'It must be shown that the persons making application for
the vacation own fee simple title to that part of the
tract covered by the plat sought to be vacated. (At-
tachment #5)
2. It must be shown that the vacation will not affect the
ownership or right of convenient access of persons
owning other parts of the subdivision.
3. Notice of intention to apply to the County Commission
for vacation of the plat must be published in a
EP 19 lg89 21
nor
Mmm
4.
newspaper of general circulation in the county in not
less than two weekly issues of the paper.
Proof of publication of the petition for vacation must
be attached to the petition.
5. Certificates showing that all state and county taxes
have been paid must be provided. (Attachment #6)
The applicant has submitted all of the above informatign which has
been reviewed and approved by the County attorney's office. (See
attachment #4)
All state requirements concerning plat vacation have been met;
therefore, County staff has no objections to the requested
vacation.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the
attached resolution vacating a portion of Tract "B" Non -Exclusive
Ingress/Egress and Utility Easement for Timber Ridge Village II,
as recorded in Plat Book 12 pages 51 and 51A, Public Records of
Indian River County, Florida.
The Chairman asked if anyone wished to be heard. There were
none, and he declared the public hearing closed.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 89-127 vacating, in part, the plat of
non-exclusive easements pertaining to Timber Ridge
Village II.
22
RESOLUTION 89- 127
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, VACATING, IN PART, THE PLAT OF
NON-EXCLUSIVE EASEMENTS PERTAINING TO
TIMBER RIDGE VILLAGE 11, A CONDOMINIUM.
WHEREAS, Non -Exclusive Easements pertaining to
Timber RI-dge Village 11, a Condominium, have been platted
pursuant to Florida Statute Chapter 177 'as laid out and
recorded In Plat Book 12, Page 51 and Page 51A, Public
Records of Indian River County, Florida, and
WHEREAS, the fee simple owners of that portion of
the Non -Exclusive Easements pertaining to Timber Ridge
Village 11, a Condominium have applied for vacation of a
portion of said plat, returning that portion to acreage, and
WHEREAS, the portion of the plat to be vacated
consists of a portion of Tract B of the Non -Exclusive
Easements pertaining to Timber Ridge Village 11, a
Condominium as described and depicted on the attached
Exhibits "A" and "B", and
WHEREAS, It has been shown that the vacation will _.
not affect the ownership or right of convenient access of
persons owning other parts of the development, and
WHEREAS, notice of the intention to apply to the
Board of County Commissioners of Indian River County to
vacate a portion of such plat has been published as a legal
notice in a newspaper of general circulation in Indian River
County in not less than two weekly issues of said paper, and
WHEREAS, proof of said publication of the petition
for vacation Is attached hereto, and
WHEREAS, a certificate from the Tax Collector
showing that all state and county taxes have been paid on
the property is attached hereto,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida, that:
SEP � � � 23 BOOK �I F a,,F1051
S E P 10, 1999
BOOKK9
tlo .
RESOLUTION NO. 89- 127
1. All the above recit'ais are .true and affirmed.
2. That portion of the Non -Exclusive Easements
pertaining to Timber Ridge Village II, a Condominium, which
Is Identified as a portion of "Tract B" on Plat, Book 12,
Page 51A, Public Records of Indian River County, Florida,
and as described and depicted on the attached Exhibits "A"
and "B" Is returned to acreage.
3. This vacation shall become effective upon
filing of a certified copy of this resolution in the Offices
of the Clerk of the Circuit Court and the recording of this
resolution in the Public Records of Indian River County.
The foregoing resolution was offered by
Commissioner Scurlock and seconded bj Commissioner
Bird , and, being put to a vote, the vote was as
follows:
Chairman Gary C. Wheeler _Aye_
Vice Chairman Carolyn K. Eggert Ave
Commissioner Margaret C. Bowman _Aye
Commissioner Richard N. Bird _.Aye_._
Commissioner Don C. Scurlock, Jr., Aye
The Chairman thereupon declared the resolution
duly passed and adopted this 19th day of Seatember , 1989•
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
ATTEST:
v
By G�
Gary Heeler, C airman
24
EXii�I""'� TO PETITION TO VACATE A PORTION OF A PLAT B` `PIMBER RIDGE INC.
Beindorf and AssociateS 3885 20th Street, Vero Beach, FL 32960-2494 . (407) 562-7981
a dMalon o1 Kamley-Horn and Associates, Inc.
DESCRIPTION
OF THAT PORTION OF TRACT B OF THE "PLAT OF NON—EXCLUSIVE EASEMENT
PERTAINING TO TIMBER RIDGE VILLAGE II, A CONDOMINIUM", AS RECORDED
IN PLAT BOOK 12 ON PAGE 51 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA TO RE' CLOSED, VACATED AND ABANDONED, DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID PLAT; THENCE RUN N.
00030'00" W., ALONG THE EAST LINE OF SAID PLAT, FOR 348.19 FEET;
THENCE RUN N. 00.34'30" W., ALONG THE. EAST LINE OF SAID PLAT, FOR
320.79 FEET; THENCE RUN N. 66.17'42" V., ALONG THE NORTH LINE OF
SAID PLAT, FOR 612.00.•FEET, TO THE POINT OF BEGINNING; THENCE RUN
SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF A CIRCULAR CURVE TO
THE RIGHT, CONCAVE WESTERLY,' HAVING A RADIUS OF 54.00 FEET,
THROUGH A CENTRAL ANGLE OF 79.33'02" FOR 74.97 FEET; THENCE RUN S.
66'17142' E., FOR 391:19 FEET; TO THE POINT OF CURVATURE; THENCE
RUN SOUTHEASTERLY, ALONG THE ARC OF A'.CIRCULAR CURVE TO THE RIGHT,
CONCAVE SOUTHWESTERLY; HAVING.A RADIUS OF 175.00 FEET, THROUGH A
CENTRAL ANGLE OF 65'43'12", FOR 200.73 FEET, TO THE POINT OF
TANGENCY; THENCE RUN S. 00'34130" E., FOR 56.06 FEET, TO THE POINT
OF CURVATURE; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF A CIRCULAR
CURVE TO THE RIGHT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 50.00
FEET, THROUGH A CENTRAL ANGLE OF 68'40'35",.FOR AN ARC DISTANCE OF
59.93 FEET, TO THE POINT OF REVERSE CURVATURE; THENCE RUN
SOUTHERLY, SOUTHEASTERLY AND NORTHERLY, ALONG THE ARC OF A CIRCULAR
CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL
.ANGLE OF 248.40'3511, FOR AN ARC DISTANCE OF 260.41 FEET, TO THE
POINT OF TANGENCY; THENCE RUN N. 00'34130" W., FOR 158.53 FEET, TO
THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, THENCE RUN
NORTHWESTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 225.00 FEET, THROUGH A
CENTRAL ANGLE OF 65'43'12'% FOR 258.08 FEET, TO THE POINT OF
TANGENCY ON THE NORTHERLY LINE OF SAID PLAT; THENCE RUN N.
66'17'42" W., ALONG THE NORTHERLY LINE OF SAID PLAT, FOR 439.42
FEET, TO THE POINT' OF BEGINNING, CONTAINING 41,267 SQUARE FEET OR
0.9474 ACRES, MORE OR LESS, LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA.
THIS DESCRIPTION WAS PREPARED BY:
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MARCH 6 - 19 8 9
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L\8927.00.03
316189
Building client relationships since 1967
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26
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SALARY ADJUSTMENTS
Administrator Chandler reviewed the following:
T'O: DATE:
Board of County Commissioners September 13, 1989
SUBJECT: Salary Adjustments
FROM: mes E. han ler REFERENCES:
County Administrator
As you are aware, with submission of the proposed FY 89-90 budget I have
recommended an across the board salary adjustment of 50. The adjustment is
to maintain the County's competitiveness in recruiting and retaining qualified
employees. At the September 19, 1989 meeting I would request formal
authorization to implement the adjustment effective the first pay period of the
new fiscal year.
During the fiscal year,—as I have indicated, I will develop and submit for
Commission consideration a proposed plan for advancement within established
pay ranges. Limited funding for this proposed program has been provided in
the budget.
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Bird, to approve an across the board
salary adjustment of 5% as recommended by the
Administrator.
Commissioner Scurlock commented that over the last few
years, we generally have experienced some surpluses from turnover
in different departments, and he would assume some of that pool
of funds may be available for any step recommendation that may
come at a later time.
that.
Administrator Chandler agreed there is some possibility of
COMMISSIONER SCURLOCK CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
� 'F'J
2 7
LE P I 198
�
BOOK
ADDITIONAL COMPENSATION FOR FRIZZELL ARCHITECTS - JAIL PHASE III
The Board reviewed memo from Emergency Management Director
Doug Wright, as follows:
TO: James Chandler
County Administrator
FROM: Doug Wright, Director
Emergency Management Services
DATE: September 11, 1989
SUBJECT: APPROVAL OF ADDITIONAL COMPENSATION FOR W.R. FRIZZELL
ARCHITECTS; -INC., FOR BIDDING CIVIL ENGINEERING SITE WORK AND
COORDINATION OF CIVIL SITE WORK DURING CONSTRUCTION
It is respectfully requested that the following information be formally
considered by the Board of County Commissioners during the next regularly
scheduled meeting. ,
DESCRIPTION AND CONDITIONS `r..
The current Project Manager for Phase III of the Indian River County Jail
was not assigned overall responsibility for the project until after the
former County Administrator departed and the position was filled on an
interim basis by Assistant County Attorney Will Collins.
The chronology of events prior to that point in time reflects confusion
and unclear definition as to how the Civil Engineering and site work for
the project would be accomplished. The former Administrator apparently
? hired Carter and Associates to complete the Civil Engineering design and
.permitting work which has been accepted and included in the bidding
documents for bids to be opened on September 19, 1989.
Since this was not included in the scope of work for the contract agreed
to by the former staff, W.R. Frizzell Architects now requests the County
Commission authorize payment for services rendered as relate to civil
engineering processes required in this project for bid documents and
coordination of site work during construction. The compensation nego-
tiated is 1.20 (20% of 6% fee) of construction cost of civil site work as
determined by Alternate No. 1 of the successful bid. It is estimated
that this would add an additional cost of $3,132 to the fee of $261,000
already approved for W.R. Frizzell Architects, Inc., for a total of
$264,132 in fees when the project is completed.
ALTERNATIVES AND ANALYSIS
The civil engineering work is required and necessary for the project to
be completed. It is felt that the fee negotiated is fair and appropriate
and should be authorized for the additional services since the original
scope of work did not include these items.
To attempt to seek possible alternatives does not appear to be a feasible
option inasmuch as bids will be opened on September 19, 1989, and any
deviation from this schedule will substantially delay the construction of
the facility.
RECOMMENDATION
Since the Florida Department of Corrections is currently citing the
County for overcrowding violations at the Indian River County Jail, staff
recommends the Board of County Commissioners approve the Professional
28
IN
Services Supplemental Authorization Agreement with W.R. Frizzell
Architects, Inc. The compensation recommended for this additional
service is 1.2% (20% of 6% fee) of construction cost of civil site work
as determined by Alternate No. 1 of the successful bid.
Staff further recommends that the Board authorizes the. Chairman to
execute the attached contract for the services noted above.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously approved staff
recommendation and authorized the Chairman to sign the
Professional Services Supplemental Authorization for
W. R. Frizzell Architects, Inc.
PROFESSIONAL SERVICES
SUPPLEMENTAL AUTHORIZATION
AIA DOCUMENT G604 (Instructions on reverse side) (Aug. -24, 1989)
In accordance with the written Agreement dated as of October 27, 1987
between the parties designated below for
THE PROJECT:
INDIAN RIVER COUNTY JAIL, PHASE III
The Owner hereby authorizes the Architect
fl Proceed with Additional Services
❑ Proceed with revised scope of services
❑ Incur Reimbursable Expenses
as follows:
Coordination of Civil site work during construction.
Compensation shall be adjusted as follows:
(Here Inert provisions in accordance with the Agreement, or as otherwise agreed by the parties.)
to:
1.2% (20% of 6% fee) of construction cost of civil site work as
determined by Alternate No. 1 of the successful bid.
- _ - -
29 29
k' r-ry
BOOK
BOOK iF�9G .
Time for performance shall be adjusted as follows:
!Here Insert provisions covering time of commencement and completion of authorised services as applicable.) 4dttlltl.
Legal �`—:1
Not applicable. _ budget --�
De ,
Fil.sk Mgr,
Upon return of a fully executed authorization, this service shall become a part of the Agreement identified
above.
APPROVED BY:
Ap Ro p yy
BOARDVEOF BCbUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
DATE 9-1!?- 9- -9 9
C. A. IToI119, Sectary
AIA DOCUMENT 6604 • PROrESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION • MARCH 1979 EDITION • AIAO
01979 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
COUNTY JAIL - PHASE II ELECTRONICS
G604— 1979
The Board reviewed memo from General Services Director Dean:
DATE: SEPTEMBER 12, 1989
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVI S
SUBJECT: INDIAN RIVER COUNTY JAIL - PHASE II ELECTRONICS
BACKGROUND:
In late July of this year the Board authorized staff to proceed with
negotiating a contract for correcting the problems associated with
the subject facility. We have received three proposals from
companies to perform the work. They were from the following:
Buford Goff and Associates, Inc.
Stottler Stagg Technologies, Inc. -
Blevins Electric, Inc.
Buford Goff and Associates was first choice for the project but
withdrew their proposal at the last minute.
In reviewing each applicant's qualifications and "track record", it
is felt that Blevins Electric, Inc. is the most qualified. They have
been on a least four other projects behind E.C.S.I., the
sub -contractor on our facility, and corrected similar problems.
References from the other facilities were contacted to ascertain
their performance.
30
ANALYSIS:
Blevins Electric, Inc. has offered a contract to guarantee their
work, r warranty for a year, and the posting of a 100% performance
bond. They have quoted a price of $346,273 for a "lock and key" job.
The original estimated cost provided by our architect, W.R. Frizzell,
was over $400,000 to perform this work.
FUNDING:
Monies for this project will come from Phase III Construction funds.
After the project is complete Indian River County will file with
Schopke Construction Company's bonding company (Hartford) to recover
our cost.
RECOMMENDATIONS•
Staff recommends Board approval of the proposed contract with Blevins
Electric, Inc., and authorize the Chairman to execute the applicable
documents.
Commissioner Bird wished to know realistically what our
ability is to recapture this additional expense.
County Attorney Vitunac believed it is the same as it
always was. He understood it is always an effort to get a
bonding company to pay up, and we will go to court. We are
taking all the necessary steps to do that, and our records are
good enough that he feels we should win.
Commissioner Bird just wanted to be sure that someone is
quarter -backing this in order to build the strongest case we can,
and Attorney Vitunac advised that we are keeping a trail; we have
a history of past acts by ECSI; and staff is working with
Frizzell to track the costs involved. Part of the damages will
be the cost of fixing the system.
Commissioner Bird believed our claim is against Schopke, as
genera:.) contractor, and his bonding company, and that was con-
firmed.
Commissioner Scurlock hoped that we will document the
factual situation very carefully as he envisioned that, to limit
their damages, they will come in and say if we had allowed them
to continue on, we would have had less cost to make the repairs.
Attorney Vitunac noted that we did allow them in and gave
31
SEP J P 1989
L
I
BOOK m�� �,
SEP 101 F4.F1O60
them every minute they asked for to correct the problems, and
they couldn't do it and finally walked off the job.
Director Dean informed the Board that the man from ECSI did
replace the top panels, but it still doesn't work. The new
people will use the console and the existing wiring, but all the
button, relays, and the mechanisms on the doors themselves, will
be changed. He advised that Mr. Tim Carter of Blevins'Electric
is present if the Board has any questions.
Chairman Wheeler wished to know if Mr. Carter is or has been
in any way associated with ECSI, and Mr. Carter stated that they
are not associated with ECSI in any way whatsoever.
Commissioner Bird wished to know if Mr. Carter could give us
any comfort that our never ending headache with this problem will
go away soon.
Mr. Carter commented that all he can say is that the only
thing Blevins does is jail improvements and locking controls, and
their references are excellent. He explained that they will be
totally replacing all the controls, but they will be using
existing locks and the wire and the conduit coming to the relay
panel. The wire from the relay panel to the console unit itself
will be replaced, the face plates will be replaced, and all
electronics.
Administrator Chandler advised the Board that Blevins has
had experience on other projects in other locations where ECSI
has been there before them.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, to approve the proposed contract
with Blevins Electric, Inc., as recommended by staff
and authorize the Chairman to execute the applicable
documents.
Commissioner Bowman expressed the hope that we are building
32
a good tight case, including the man hours and staff time that
have been lost on this problem.
Director Dean assured her that all our time, materials,
etc., have been carefully documented, and Frizzell is keeping a
record of their time also.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
C O N T R A C T
between
INDIAN RIVER COUNTY, FLORIDA,
and
BLEVINS ELECTRIC, INC.
Re: PHASE II, INDIAN RIVER COUNTY JAIL
This AGREEMENT dated this 19th day of September—,
1989, by and between INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, 1840 25th
Street, Vero Beach, FL 32960 (COUNTY), and BLEVINS ELECTRIC,
INC., a corporation existing under the laws of the State of
Tennessee, Post Office Box 25, Kingsport, TN 37662
(CONTRACTOR),
W-1 T N E S S ETH :
WHEREAS, COUNTY owns and operates a County Jail
composed of certain modules; and
WHEREAS, one module known as Phase II of the Jail
was . comp leted by Schopke Construction Co., who used as an
electric engineer, E.C.S.I.; and
;q�
WHEREAS,_ the work performed by E.C.S.I. has never
t
been accepted by the COUNTY, and E.C.S.I. has been unable to
rectify the problems under the warranty provisions of the
contract; and
WHEREAS, COUNTY has requested proposals from other
electrical engineers to correct the deficiencies existing in
the Phase II Control System; and
WHEREAS, CONTRACTOR has submitted a proposal which
is acceptable to the COUNTY,
OEC 1J t' 089 33 BOC1K 17 FA1,4061
I
BOOK .77 F
,F106
NOW, THEREFORE, FOR AND IN CONSIDERATION of the
premises and other good and valuable consideration, the
receipt of which is hereby acknowledged, COUNTY and
CONTRACTOR agree as follows:
1. CONTRACTOR shall perform security engineering
services for the Control System at Indian River County Jail
6°
Phase II, and in particular, shall replace the locking
Intercom controls consisting of the following:
A. All graphics control panels
B. All locking controls
C. All intercom controls
D. All TV controls
E. All lighting controls
F. All fire alarm annunciation
G. All fire controls presently on console
H. Nine (9) CCN cameras
I. Nine (9) 9" CCN monitors
J. Two (2) pan/tilt units
K. Two (2) pan/tilt/zoom lens controllers
2. CONTRACTOR shall use all existing conduit,
speakers, intercoms, staff stations, all wiring for locking
Intercom and CCN systems. CONTRACTOR will also use
existing console units, terrent relay cabinet and present
lighting relay contractors.
3. CONTRACTOR will meet the intent and
specifications for all equipment that was originally
i specified for the Phase II Control System.
4. At substantial completion, COUNTY shall remit
to CONTRACTOR the sum of ONE HUNDRED SEVENTY-THREE THOUSAND
ONE HUNDRED THIRTY-SIX AND 50/100 DOLLARS ($173,136.50),
one-half of the contracted price.
5. CONTRACTOR shall include all engineering cost
in the lump sum of contract. CONTRACTOR agrees to install a
Complete Working System for the Indian River County Phase 11
34
M
Jail project. There shall also be a sixty day operational
verification of the above -stated system.
6. On the 61st day after verification phase
begins and if the System is accepted, the remainder of the
contracted price shall be paid, i.e., $173,136.50.
7. CONTRACTOR shall provide a 100% Performance
Bond, payable to COUNTY.
8. The work outlined in this contract shall be
completed within 90 days after written notice to proceed.
9. WARRANTY: CONTRACTOR shall warranty the
equipment and Installation for a period of one year after
final acceptance.
10. INSURANCE:
A. CONTRACTOR shall procure and maintain for
the duration of the contract, insurance against claims for
Injuries to persons or damages to property which may arise
from or in,connection with the performance of the work
hereunder by the CONTRACTOR, his agents, representatives,
employees, or subcontractors. -
B. Minimum Scope of Insurance:
(1) Workers' Compensation as required by
the State of Florida and Employer's Liability of $100,000
each accident, $500,000 disease (policy limit), $100,000
disease, each employee.
(ii) General liability $1,000,000
combined single limit per accident for bodily injury and
v
property damage.
(iii) Auto liability $500,000 combined
single limit per accident for bodily injury and property
damage for owned and nonowned vehicles.
C. CONTRACTOR's insurance coverage shall be
primary.
D. All above insurance policies shall be
placed with insurance carriers with a Best's rating of no
35
3 E P °1989 BooK 77
� I
SEP 10 1989
p=r t: �
BOOK d F..11
less than A+ VII. The carrier chosen shall be licensed to
do business in Florida.
E. The insurance policies procured shall be
occurrence forms; not claims -made policies.
F. The CONTRACTOR shall provide Certificates
of Insurance prior to signing of the contract to t'he'COUNTY
Risk Management Department.
G. The insurance companies selected 9'shaII
send written verification to COUNTY Risk Management
Department that they will provide 30 days' written notice to
COUNTY Risk Management of their intent to cancel or terminate
said policies of insurance.
H. A written safety inspection plan must be
submitted to COUNTY Risk Management Department for approval
prior to the signing of the contract.
I. CONTRACT shall include all subcontractors
as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the
requirements stated herein.
J. COUNTY shall be named as an insured on
all policies of insurance.
IN WITNESS WHEREOF, the undersigned COUNTY and
CONTRACTOR have executed this contract on this day first
above written.
A!n s
WZeTt-
36
�
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS-.
B P..� A
By
FTC. C. Wfie e T e r
Chairman
(SEAL)
BLE INS ELECTRIC, INC.
B, ___ _ P ��v
sT�ent
L J
MASTER AGREEMENT & WORK ORDER W/PETERSON & VOTAPKA (PETITION
PAVING PROGRAM)
The Board reviewed memo from Engineering staff:
-----------------------------------------------------------------
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Michelle A. Gentile, C.E.T
Civil Engineer
SUBJECT: Master Agreement and Work Order for
Peterson & Votapka, Inc.
DATE: September 1, 1989
----------- ------------------------------------------------------
DESCRIPTION AND CONDITIONS
On April 18, 1989 the Board of County Commissioners authorized
staff to proceed with negotiations for outside engineering
services to accelerate the Petition Paving Program. We have
received a Master Agreement and Work Order No. 1 from Peterson &
Votapka, Inc. Staff has reviewed the cost estimates from this
firm for Engineering Services, they are as follows:
Peterson & Votapka, Inc. - Work Order No. 1
1) 8th Avenue - South of 2nd Street to South Relief Canal.
County Project #8706. Approximate Length
385 L.F.
Total Cost $1,261.20
2) 9th.Avenue - South of 2nd Street to South Relief Canal.
County Project #8708. Approximate Length
568 L.F.
'Total Cost $1,860.69
3) 10th Avenue - South of 2nd Street to South Relief Canal.
County Project #8712. Approximate Length
884 L.F.
Total Cost $2,895.86
4) 13th Avenue - From 2nd Street. to 4th Street. County Project
#8846. Approximate Length 1250 L.F.
Total Cost $4,094.82
5) 134th Street - South of Roseland Road to Catholic church
Entrance. County Project #8901. Approximate
Length 2840 L.F.
Total Cost $9,303.43
Total cost for these.projects is $19,416.00.
ALTERNATIVES AND ANALYSIS
Approve the Master Agreement and Work Order No. 1 for Peterson &
Votapka, Inc. Authorize execution of Master Agreement and Work
Orders for this firm.
RECOMMENDATION
It is recommended that the Master Agreement and Work Order No. 1
for Peterson & Votapka, Inc. be approved. Funding will from
Account #173-214-541 Petition Paving Account.
37 p"
P
BOOK a. F',U 6
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously approved
Master Agreement with Peterson 8 Votapka for Land
.Surveying Services in connection with the Petition
Paving Program and authorized execution of Work
Order No. 1 as recommended by staff.
SAID MASTER AGREEMENT AND WORK ORDER NO. 1 ARE ON FILE IN THE
OFFICE OF CLERK TO THE BOARD.
PROFESSIONAL SERV. (TREASURE SHORES PARK - NORTH BEACH COMPLEX.)
The Board reviewed memo from the Public Works Director:
-----------------------------------------------------------------
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and(
Michelle A. Gentile, CET
Civil Engineer
FROM: Ruben F. Trej o /�1CY
Engineering Technician
SUBJECT: Professional Services - Treasure Shores Park
(AKA North Beach Complex)
DATE: September 14, 1989
-----------------------------------------------------------------
DESCRIPTION AND CONDITIONS
A selection committee consisting of:
Mr. Richard Bird
Ms. Patricia Callahan
Mr. James W. Davis
Mr. Roland DeBlois
Mr. Ruben F. Trejo
met on September 13, 1989 in the 3rd floor conference room in the
County Administration Building and heard presentations from the
following firms:
1) Brad Smith & Associates
2) Post, Buckley, Schuh & Jernigan, Inc.
3) The Scott Companies
RECOMMENDATION
Based on the qualifications of the firms, the committee
recommends the following ranking to begin contract negotiations
for design services for the new Treasure Shores Park.
1) Brad Smith & Associates
2) Post, Buckley, Schuh, Jernigan, Inc.
3) The Scott Companies
38
r � �
Commissioner Bird informed the Board that although he was
part of the selection committee, he missed part of the first
presentation and couldn't stay for the last one; so, he did not
vote on the final ranking of the engineering services.
MOTION WAS MADE by Commissioner Eggert, SECONDED
by Commissioner Bowman, to authorize staff to begin
contract negotiations for design services for the
new Treasure Shores Park with the firms in the
order listed above.
Commissioner Scurlock asked if Brad Smith & Associates have -
done other park work, and Public Works Director Davis advised
that they have done some beautiful work in the Melbourne area and
in St. Lucie County.
Commissioner Scurlock asked if these people have good knowl-
edge of our local conditions as he believed we got into a problem
the last time because of plant material being specified incor-
rectly for our area.
Director Davis noted that was Mays, Sudderth & Etheridge who
no longer have an office--ih-Florida. Brad Smith has a landscape
architect who has worked on the east coast of Florida from St.
Lucie County through Brevard, and they have also done work in
Indian River County for private concerns.
Commissioner Scurlock asked if we have specified the
personnel who will be assigned to this project from this particu-
lar company so we have the ability to say "take a hike" if they
start changing them around.
Director Davis believed we do. He informed the Board that
the landscape architect company is a smaller company where the
principal is directly involved in the project, and the committee
felt pretty comfortable -that he has a stable staff. The engin-
eering work will be done by Mike Walther of Coastal Technology in
Vero Beach, and there is an architect, John Foster.
SEP
10
1989:
Box 77
F,..
Commissioner Scurlock asked
if there then are three
different professionals we will be dealing with, and Public Works
Director Davis reported that all the proposals basically were
joint ventures.
Commissioner Scurlock just wanted to note that last time we
had a problem he believed staff had to finish up the project.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
WATER & SEWER SERVICE AREA AGREEMENT W/CITY OF VERO BEACH
DATE:
The Board reviewed memo from Utilities Director Pinto:
SEPTEMBER 6, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRArRVICES
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI
SUBJECT: WATER AND SEWER SERVICE AREA AGREEMENT
BETWEEN INDIAN }LTVER COUNTY AND THE
CITY OF VERO BEACH
PREPARED AND STAFFED BY: WILLIAM F. MCCAIN)�\—�
CAPITAL PROJECTS GI EER
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
To more adequately._service _some areas of the community with water
and sewer, modifications to the existing water and sewer service
areas are being proposed by both the City of Vero Beach and Indian
River County (see attached agreement and exhibit).
ANALYSIS
The changes to the service areas are as follows:
1. On the southwest corner of the City, 43rd Avenue will be
the new boundary from 16th Street to 20th Street.
2. On the northeast corner, 37th Street will be the new
boundary from the Indian River to U.S. Highway #1,
excluding the hospital zone, as shown on exhibit A in the
attached Agreement.
The City of Vero Beach has approved the attached Agreement.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Service Area Agreement.
40
Commissioner Eggert commented that no map was provided with
the backup material.
Commissioner Scurlock asked if we are picking up service
area or deleting it, and Assistant Utilities Director Harry Asher
advised that we are picking up more than we are deleting.
Engineer William McCain referred to maps, a small version of
which is as follows:
IF r'
�■
• •. � • r`Ows w AN.
�1.
....... � .
• .u.�stcu
�k
Engineer McCain showed where we have picked up customer base
on 43rd Avenue and explained the modifications to the Hospital
boundary.
Commissioner Scurlock believed what is proposed makes a lot
of sense and felt this is a great movement forward, but also felt
we need to make sure we coordinate between our Utilities Division
and the City when work is being done in order to get out better
` 989 41 �.,'
�� O EOGf
17
� F,lUi
S E P IS
BOOK 77
information in a timely fashion. When we are working in these
areas where we are squared o.ff and there is uncertainty by the
residents as to who is doing what, we should make sure that we
inform people correctly as to who actually is doing the project
so we eliminate confusion.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Eggert, to approve the Service Area
Agreement with the City of Vero Beach as recommended
by staff.
County Attorney Vitunac informed,the Board that this is the
map that was discussed at the joint City/County meeting about six
months ago. There really have been no changes; it has just taken
this long to get the wording.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
42
A G R E E M E N T
BETWEEN
INDIAN RIVER COUNTY
AND
THE CITY OF VERO BEACH
SETTING SERVICE AREAS FOR WATER AND
SEWER SERVICE; MEMORIALIZING CERTAIN
WATER AND SEWER ALLOCATIONS; AND
REPEALING PRIOR AGREEMENTS.
THIS AGREEMENT, made this lin
_ day of L
1989, by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida (County), and the CITY
OF VERO BEACH, a municipal corporation organized under the
laws of the State of Florida (City);
W I T N E S S E T H:
WHEREAS, the City has for many years been a
provider of water and sewer services for the municipality
and certain other areas adjoining the municipality; and
WHEREAS, in recent years the County has
established its Qwn water and _sewer department and is
presently undertaking a major development program for
providing water and sewer services to the urbanizing areas
of the unincorporated part of the county and to parts of
other municipalities in the county; and
WHEREAS, the development of the County system is
at the point at which it is necessary and desirable for the
County and City to establish permanent boundaries for their
respective service territories for both water and sewer
service; and
WHEREAS, these boundaries should be drawn so that
the service can be provided efficiently taking into account,
where appropriate, municipal boundaries, existing utility -
facilities; available plant capacities, and expected
population growth; and
WHEREAS, many agreements exist between the City
and the County which are no longer useful and which should
be superseded;
S P 1 0 ��989 43 BOGK l� F,1;LL� b
C3EP 1 1989 Boor 77
NOW, THEREFORE, for and in consideration of the
premises, the agreements contained herein, and other good
and valuable consideration, receipt of which is hereby
acknowledged, the County and the City agree as follows:
1. This Agreement supersedes and cancels any and
all prior agreements between the County and the City
relating to water and sewer matters except for the water
franchise agreement adopted by Indian River County
Resolution No. 87-13, and except for the wastewater
franchise agreement adopted by Indian River County
Resolution No. 87-14, except that any prior agreements
relating only to water allocation between the City
and
County shall remain in effe.c.-t-until changed by later
agreement.
2. As between the City and the County, the City
shall be responsible for providing water and sewer service
to the area shown as "City service area" on the map attached
as Exhibit "A.". -Exhibit "A" of this Agreement shall replace
the map attached as an exhibit to the two franchises
mentioned in paragraph 1 of this Agreement. The City shall
not provide water or sewer service outside of this area
without written approval of the County.
3. As between the City and the County, the County
shall be responsible for providing water and sewer service
to all areas within the county and outside of the City
service area. The County shall not provide water or sewer
service within the City service area without written
approval of the City.
4. It is expressly understood by the parties that
the County by executing this agreement is not relinquishing
in any manner any rights that it may have to serve the area
known as Baytree, located in the Town of Indian River
Shores.
5. In full settlement of all claims by County for
capacity allocation in the Vero Beach Wastewater Treatment
44
M M M
M
M
Plant (plant), City and County agree that the County shall
have the permanent right to 400,000 gallons -per -day
treatment capacity (the "Permanent County Allocation") at
the plant. The County shall be a wholesale customer of the
City and the County reserves the right to charge and
collect, for County's own benefit, impact fees, base
facility charges, commodity charges, and other utility
costs, fees, and charges to any of its customers which
reserve or use any plant capacity. The City shall treat the
County in a nondiscriminatory and fair manner in all matters
concerning this Agreement, including wholesale rate setting.
6. In addition, and for efficiency, the City
authorizes the County to treat wastewater from the "Hospital
Service Territory" (HST), as shown on attached Exhibit "A,"
at a County treatment facility in return for which the City
plant will accept the higher of 200,000 gallons per day or
such gallonage from the HST as is actually treated by the
County ("Increased County Allocation"). This Increased
County Allocation shall be in addition to the Permanent
County Allocation. As long as the County, at County's sole
option, provides treatment for the HST, the City shall not
reduce the Increased County Allocation. On not less than 30
days' notice by the County, the County may cease the
treatment of all or part of the HST wastewater; and the City
may reduce its treatment of wastewater from the County area
to, the plant proportionately, but in no event to less than
the Permanent County Allocation. The City shall retain
ownership of its lift station in the HST.
7. The City is contractually obligated to provide
Indian River Shores and the South Beach County area with
sewer service In addition to serving the HST and the City
Itself. The City is willing, by future separate agreements,
to let County use on a temporary basis any excess capacity
existing between present and build -out needs. The City and
County agree that commitment to the County for more capacity
SEP 11889
45
B�G� �'`�l
J
BOOK 77 F,1 E1V
than the Permanent County Allocation is based only on the
City's best estimate of progress towards build -out and
should this estimate be incorrect and a demand for service
be made to the City by a person in the City's service
territory, the City may be unable to provide the service.
Accordingly, the County, in recognition of this
�r
and in order to obtain such temporary excess capacity of the
City plant over the Permanent County Allocation and over the
Increased County Allocation, hereby agrees to indemnify,
defend, save, and hold the City harmless from all claims,
demands, liabilities, and suits of any nature whatsoever
arising out of, because of, or due to the City providing the
County with wastewater treatment service under the terms 'of
this Agreement, and to take whatever steps are necessary and
timely to provide County's own treatment plant capacity for
County needs higher than the Permanent County Allocation.
It is specifically understood and agreed that this
Indemnification agreement does not cover or indemnify the
City for its own negligence.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals on the dates set forth next to their
signatures.
Dated: — re7N INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Attest: _
Gary C, he ler, C�iairman
f mak. �� ton Ter (SEAL)
Dated:- C I TY OFj1/ERO BEACH, FLORIDA
Attest:
ALLM
i ty C er _ enneth Macht Mayor
Attachment: Exhibit "A"
AGREEMENT WITH EXHIBIT "A" ON FILE IN THE OFFICE OF CLERK TO THE
BOARD.
46
L
CONSTRUCTION OF TWO R.O. WATER SUPPLY WELLS FOR NORTH BEACH PLANT
The Board reviewed memo from Utilities Engineer McCaint
DATE: SEPTEMBER 11, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PINT
DIRECTOR OF UTI SERVICES
SUBJECT: CONSTRUCTION OF TWO REVERSE OSMOSIS WATER
SUPPLY WELLS FOR INDIAN RIVER COUNTY'S
NORTH BEACH WATER PLANT
PROJECT #89-10—DC
PREPARED AND STAFFED BY: WILLIAM F. McCAIN
CAPITAL PROJECTS EN NEER
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
The North Beach Water Plant currently has treatment capabilities of
approximately .5 million gallons per day (MGD). Its current raw
water source consists of two lower Floridian aquifer wells, one of
which is not usable due to the extremely high salt content. We will
soon be expanding the existing plant by 1 MGD to accommodate the new
development in the North Beach area.
ANALYSIS
To increase the water treatment capacity by 1 MGD, it is necessary
to provide an increase of approximately 1.33 MGD of raw water
capacity. The wells need to be in place prior to design of the
treatment expansion, as the water quality must be ascertained to do
.the design.
!Attached you will find the Scope of Work for this project. The
services covered are as fo-116ws:
1. Hydrogeologic Design
2. Permitting
3. Bidding Services
4. Construction Services
The total cost for all of the above services is $56,881.00. Funds
for this project will come from Account No. 472-000-169-072.00.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Work Authorization with
Camp Dresser and McKee, Inc.
Discussion ensued regarding the problems involved with
finding a good reliable water source on the Barrier Island.
Commissioner Scurlock had a question on this. He noted that
we have right now on the island a 4.5 million gpd raw water
SEP 100 47 7
BOOK 7 F'!,;E cVI�
�
EP 10 W9 BOOP; 77 F.�GE1U1
supply coming over from the mainland that supplies the golf
courses at John's Island. He believed that line has been taken
over by the John's Island Property Owners, and his question, the
same as it was two years ago, relates to the fact that since the
bridge is now ours, that line is on County RJW, and we have never
had proper contractual arrangements for that happening. He,
therefore, would like to explore once more the possi6ili#.y of
properly utilizing the capacity in that line so that it can be a
benefit not only to the Property Owners Association but to the
county itself.
Commissioner Scurlock emphasized that here we are looking at
two wells where certainly there is some question as to the
quality of the water we could get and for how long, when we have
less than one million gpd coming across a 4.5 million gpd line.
He felt we are underestimating our potential because you have a
raw water line there that could easily be "T'd" to provide both
non -potable and potable water, and he sees a loss to the John's
Island Property Owners Association as well as to us. Another
factor to be considered is that there is some significant
degradation in that line; there undoubtedly will be some
maintenance problems; and we probably could use some of our
resources in a joint venture for that maintenance. Commissioner
Scurlock advised that he did talk with the Association about this
probably 7-8 months ago, but the problem is that everyone goes
away in the summer. Now another season is about here, and he
would suggest that the Utilities Division make another contact to
explore these possibilities before sinking more wells.
Commissioner Bird asked if St. John's River Water Management
District doesn't have a limiting factor on withdrawals for the
John's Island supply.
Commissioner Scurlock agreed there have been some limita-
tions, but the difference is that there is a limitation in terms
of non -potable, and what we are talking about is a raw water
supply to make it potable. He clarified that what he is saying
48
i � �
is leave the line alone, and then you could increase the flow in
that and divert some to the R.O. plant to make it potable. He
felt we should explore that possibility a little more as he did
not believe the Property Owners Association actually understands
the benefits that can be derived by us working together. He
asked Asst. Utilities Director Asher if anyone has looked into
this possibility, and Mr. Asher was not aware of anyone doing so.
Commissioner Bowman believed those water pipes were hung
there when the bridge was built all those years ago, and they
have been pulling from the sand ridge every since to water the
golf course.
Commissioner Scurlock agreed and noted that there was never
any local authorization for this. Mr. Ecclestone went right to
Tallahassee and cut a deal with the state, and at that time, the
bridge belonged to the state. There were reverter clauses when
we assumed the bridge, and he raised the question of what respon-
sibilities we have and what responsibilities they have. He did
know that wells have been drilled in the North Beach area that
were unsuccessful, and pointed out that -even if you don't use the
line, if you can can get some contractual arrangement for an
emergency backup, it may-e#iminate the need for one well.
Utilities Engineer McCain advised that as it stands now, we
have only one good operational well on the beach, and we do need
to have a reserve well. He emphasized the need for backup.
Commissioner Scurlock stressed that he wants to have this
backup possibility explored before we spend over $56,000 on two
wells.:; He inquired about timing and asked if a two week delay
would be a problem.
Engineer McCain advised that it really depends on what the
build -out is. We are very critical on one well now, but he saw
no problem with a two week delay.
Commissioner Bowman commented that her concern is the
recharge area on the sand ridge which has been so abused. She
SU IS M9 49 EiIOK 17 ,':GE10 7
L
war=.
Fr -
hoped there is a plan to back pump some of this back to the sand
ridge.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously tabled the
above item for two weeks.
GRANT FUNDS - WASTE TIRE & RECYCLING PROGRAMS
Administrator Chandler reviewed the following memo:
DATE: SEPTEMBER 12, 1989
TO: JAMES E. CHANDLER a
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO, DIRECTOR
SOLID WASTE DISPOSAL DISTRICT
FROM: RONALD R. BROOKS, -MANAGER
SOLID WASTE DISPOSAL DISTRICT
IV
SUBJECT: GRANT FUNDS
WASTE TIRE & RECYCLING PROGRAMS
a
BACKGROUND
The Department of Environmental Regulations (DER) has again
made Grant funds available to all Counties for Waste Tire
Management and for Recycling Programs. An application must
be submitted to the DER by October 1, 1989 along with an
annual report on the County's Recycling Program.
ANALYSIS
The County has in place a joint agreement with all
municipalities for application to the DER for grant funds
that are to be utilized by the Solid Waste Disposal District
for implementation of a Recycling Program. The attached
application outlines the proposed program for the fiscal..
year 1989-90. The program includes development of recycling'
centers at the Districts solid waste collection centers as
well as implementation of a mandatory Recycling Program by
the end of 1989.
RECOMMENDATION
District Staff recommends that the Board of County
Commissioners approve the subject application and authorize
the chairman to sign the application for submittal to the
DER by October 1, 1989.
�V7-ik S- G/69.417- 19P0qL 00
_ D e f Al& E 1W e e, C.
50
Commissioner Eggert inquired if this is another grant, and
Solid Waste Manager Brooks explained that the DER is offering
grant funds every year for recycling. We received about $158,000
last year. This is a twofold situation where we will be applying
for the grant funds plus we will be submitting an annual report
that is required as of October 1st.
- Commissioner Bowman.asked if we didn't budget for a tire
shredder, and Manager Brooks confirmed that a tire shredder is
budgeted in the bond funds. Now we are stockpiling the tires
until we can get a shredder. He noted that we don't get too many
as our fee for tires is $70 a ton; so, the dealers have a
tendency to take them to Fort Pierce where it is $50 a ton.
Commissioner Scurlock wished the Board to be aware that the
Fort Pierce fee is going up significantly, and it will be a
tipping fee. We don't charge a tip fee, so we will have to be
very careful to monitor to see what just what is coming into our
county as he felt it can have a considerable effect on us. We
already are getting a lot of commercial activity at the North
County transfer station from those disposing of stuff from Grant,
Micco, etc., in Brevard County.
Solid Waste Manager -Brooks confirmed that there is some
problem with material coming in from out of county, but noted
that it is difficult to identify where this material is coming
from; you can't actually tell by car tags. When we get into
mandatory collection, we are going to try to actually code and
identify vehicles for the haulers in Indian River County to
control it as much as possible.
Il;
Commissioner Eggert inquired about the status of having
personnel at all the collection stations now.
Manager Brooks advised that the budget was just approved and
we hope to have some people hired by early or mid November to man
those stations but there is some work that must be done at the
facilities first.
51
`� "
��K �
F'"c _
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Eggert, to approve the applications
for Waste Tire Management and for Recycling Programs
and authorize submittal to the DER as recommended by
staff.
OFR. a-7,Flitlq�
Florida Department of Environmental Regulation Fa^Tf8et01Aftl1TWO 0MVA001co'°"
7WIn '[borers Offlce Bldg. • 2000 nair Stone Road• Tillnhuxes F1 rida 32399-
2400 EM"
OER ApphMmm Wn
F "d n er oERI
1. Name of Applicant:
Solid Waste Tire Grant Application
Indian River County
2. Address of Applicant: 1840 25th Street
Vero Beach, Fl. 32960
3. Federal Employer Identification Number: 59-6000674
4. Telephone Number for Applicant: ( 407 ) 567-8000
S. Ust of Counties Included in the Application:
Indian River County, City of Sebastian, City of Fellsmere, City of Vero Beach, Town of
Indian River Shores; Town of Orchid
6. Contact Person (person handling program on dally basis): Sam Rohlfing, Recycling Coordinator
7. Address of Contact Person: Indian River County
1840 25th Street
Vero Beach, F1. 32960
S. Telephone Number of Contact Person: ( 407 ) 567-8000 Ext. 394
9. Name and Title of Authorized Representative:
Name: Commissioner Gary Wheeler
Titre: Chaiiman, Board of County Commissioners, Indian River County
10. Purpose for which grant money is requested. (Indicate by checkmarks): Rule 17-716.620
a. Construction of waste fire processing facility
91
f. Contract for removal of waste tires ❑
b. Operation of waste fire processing facility
❑
g. Research to facilitate waste fire recycling
a Contract for waste tire facility service
❑
f❑11
h. Establishing waste tire collection centers l.1
d. Equipment for waste tire processing facility
®
i. Incentives for establishing private waste tire ❑
a Removal of waste tires
❑
collection centers
11. This application is due by October 1 of each year.
I CERTIFY that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such
information is true, complete and accurate. I further certify that I possess the authority to apply for this grant on behalf of this county.
Sign cure of Authorized Representative
Gary Wheeler, Chairman Incoen [five Acvroved
Board of County Commissioners Please return form to: Admlrt. `v
Indian River County Department of Environmental Regulation Legal
Bureau of Waste Planning and Regulation
Solid Waste Section Budget
2600 Blair Stone Road Utllltlec
Tallahassee Florida 32399-2400
52
Date
41*
DER Fe— • ll•714 ml)
F� t_ yy, Racyrinq i EOuntbn tkanl Appy
Florida Department of Environmental. Regulation E�n�
r ,5e O% Twin 7b.,m Omce Bldg. • 2600 Blair Stone Pwad • W12hunee. Florida 32399-2400
DER AaPhC~ Ma (FOW n q DEM
alp
Solid Waste Recycling and Education Grant Application
,s
1. Name of Applicant:
2. Address of Applicant: 1840 25th Street
Vero Beach, Fl. 32960
3. Federal Employer Identification Number: 59-6000674
4. Telephone Number of Applicant: ( 407 567-8000)
5. List of Counties and Municipalities Included in the Application: Indian River County, City of Sebastian,
City of Fellsmere, Town of Indian River Shores, Town of Orchid, City of Vero Beach.
6, Contact Person (person handling program on daily basis): Sam Rohlfing, Recycling Coordinator
7. Address of Contact Person: Indian River County
1840 25th Street
Vor'n RParh_ Fl. 32960
8. Telephone Number of Contact Person: ( 407 ) 567-8000 EXT 394
9. Name and Title of Authorized Representative:
Name' Commissioner Gary Wheeler
Title' Chairman_, Board of County Commissioners, Indian River County
10. Required Attachments:
Are the following items attached? If not, please explain:
(a) Ies A description of the recycling and education projects or planning studies, including any business and ac-
counting plans. Rule 17-716.410 (1 a)
(b) Yes An estimate of the quantity and type of materials to be collected and recycled, including an explanation of
the methods used to estimate this quantity. Rule 17-716.410 (1 b)
(c) Yqs . A description of all existing or proposed recycling facilities, collection centers, or other related service centers located,
within the county, including ownership, capacity, type of facility, and approximate service area of such facilities.
Rule 17 710410 (1 c)
(d) Ye___ s A demonstration that the materials to be collected or processed, or both, are not presently being recovered to the
Went necessary to meet the goal established in Section 403.706(4), F.S. and would not be so recovered, but for the proposed
recycling project and a description of the method used to make this determination. This demonstration shall include an explanation
d how existing private and public sector recycling programs and efforts will be incorporated into the recycling and education pro-
gram. Rule 17-716.410 (1 d) ry
(e) Yes A summaof all costs incurred, or to be incurred, in planning or implementing the recycling and education
projects Rule 17-716.410 (1 e)
(o Yes A copy of any interlocal agreement entered into between local governments to accomplish the purposes of this rule.
Rule 17-716.410 0 f)
(g) Yes Any contracts or agreements entered into or summaries of contemplated agreements or contracts to develop and
implement the recycling program. Rule 17-716.410 (1 g)
(h) Yes The measurable objectives of the education program. and an explanation of how the education program will directly
promote the use of an existing or planned local ruling project. Rule 17-716.410 (1 h)
n Yes A description of the methods to be used in evaluating the success of the education and recycling programs
Rule 17-716410 (1
Additional requirements beginning with application due October 1, 1989:
(D Yes An explanation of the manner in which the recycling program will be implemented. Rule 17-716410 (2 a)
(k) Yes A timetable for the continued development and implementation of the recycling program. Rule 17716410 (2 b)
m Yes The estimated percentage of the population participating in various types of recycling activities Rule 17716410 (2 c)
53
BOOK I7 r,aGEM81
SEP I S X989
p0a 77C1riC��Vr�
� hll d
(m) Yes The percent reduction each year in municipal solid waste disposed of at solid waste disposal facilities as a result of public
and private recycling programs, including the success rates, perceived reasons for failure or success, and the public and private sector
recycling activities which are ongoing and most successful. Rule 17-716:410 (2 d)
(n) Yes A description of the type and the weight of solid waste generated within the applicant's service areas and the general
type and the weight of solid waste.that is expected to be generated within the service areas in the 20 -year period following the date
of the grant application. Rule 17716.410 (2 e)
(o) Yes An identification and description of the facilities where solid waste is being disposed of or processed, the remaining
available permitted capacity of such facilities, any planned increases in the capacity of such facilities, and the anticipated effect of recycl-
ing programs on the type and size of such facilities. Rule 17-716.410 (2 f)
(p) Yes An explanation of how existing or anticipated solid waste reduction or recycling will affect the type and size of any plann-
ed or existing solid waste management facilities in the affected service areas. Rule 17-716.410 (2 g)
(q) Yes A description and evaluation of solid waste that is being or could be recycled, including, but not limited to:
(1) The type and weight of solid waste or materials which would otherwise become solid waste that is being or could be
recycled by the public and private sector, giving consideration at a minimum to the following materials: glass, aluminum, steel
and bimetallic materials, office paper, yard trash, newsprint, corrugated paper, and plastics; , k
.(2) The anticipated and available markets or uses for materials collected through recycling programs; and .,
(3) The estimated costs of and revenue from operating and maintaining existing and proposed recycling programs. This does not
include specific costs and revenues from privately operated recycling programs, but a summary of such costs and revenues is
required If the applicant intends to provide funding for such programs. Rule 17-716.410 {2 h)
(r) Yes A description of any recycling activities implemented or existing prior to July 1, 1989. Rule 17-716.410 (2 7
11. Special Requirements for applications due October 1, 1989:
Doessd each solid waste facility owned or operated by the county or municipality have weight scales. Rule 17716L420 (2 a)?
Yes OJ No ❑
12. Special Requirements for applications due October 1, 1990:
Has the operator of each landfill owned or operated by this county or municipality completed an operator training course ap-
proved by the Department. Rule 17-716.420 (3)?
Yes ICM No ❑
13 This application is due by October 1 of each year from 1989 through 1993 Rule 17-716.400 (2)
I CERTIFY that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such informa-
tion is truA complete and accurate I' further certify that I possess the authority to apply for this grant on behalf of this local government.
Sig re of Authorized Representative Date
Gary Wheeler, Chairman
Board of County Commissioners Please return form to:
Indian River County Department of Environmental Regulation
Bureau of Waste Planning and Regulation
Solid Waste Section
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Iden Riva Co. ApprovedOeIe
Admin.
f �
Legal
Budget
�—
utllltler.
„
Commissioner Eggert asked if we have to be at a certain
point in our recycling process to get this grant, and Manager
Brooks advised that we are in a fine position to get funds. We
have completed our report and are in the process of purchasing
items and setting up the centers. We have the budget
established, and it is pretty obvious that we are progressing
with our recycling program.
$150,000.
We hope to be approved for another
54
91
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Discussion ensued in regard to our ability to stockpile and
burn and dispose of materials that would result from the
aftermath of a hurricane such as Hurricane Hugo which is threat-
ening the coast.
Manager Brooks advised that after Hurricane David, the state
allowed the counties to stockpile and burn, and Commissioner Bird
felt we should pursue identifying some sites because there is not
much time to react.
Administrator Chandler informed the Board that he has met
with Emergency Management Director Wright. They are keeping
track of all this, and each department is looking at their
overall hurricane plans.
SALARY PROGRAM FOR EMPLOYEES OF THE COUNTY ATTORNEY'S OFFICE
County Attorney Vitunac reviewed the following:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE,: September /3, 1989
RE: FISCAL YEAR 1989-90 SALARY PROGRAM FOR
EMPLOYEES OF THE COUNTY ATTORNEY'S OFFICE
Last year I presented the salary program shown on Exhibit
"A" to the Board for the three legal secretaries in the
County Attorney's Office. This program was designed to be
consistent with the Barton -Ashman salary survey and included
4% annual .step raises.. The program also included adjusting
the chart for inflation each year to keep it valid, i.e., to
ensure that the step raises were real wage increases as
opposed to cost -of -living adjustments..
55
BQQK 7 � �r�:uEl U
I
R00K 17 P,1EE168
The chart attached as Exhibit "B" to this memorandum is the
original chart adjusted by an inflation rate of 5%, and I
would propose that it be used as the FY 89-90 salary
schedule for the legal secretaries in my office, with Sandy
Bartolucci being a Legal Secretary 1, Step 3, Nancy Mossali
being a Legal Secretary III, Step 1, and Lea Keller being a
Legal Secretary 111, Step 2.
i
In addition I propose placing the two assistant, county
attorney positions into the same type of program, using a
six-year step chart during which the attorneys should get
annual step increases adjusted each year for any cost -of -
living increase. Using the chart attached as Exhibit "C,"
I would propose that Sharon P. Brennan be made Assistant
County Attorney I, Step 3, and William G. Collins be made
Assistant County 11, Step 3, at the wages indicated on 'the
chart.
I believe that the proposed wages for all five employees are
consistent with the market for employees with similar
skills, and I feel that the adoption of a rational wage
Program with predictable increases is important in keeping
the qualified staff that the County Attorney's Office
Presently enjoys.
EXCEPT FROM B.C.C. MEETING MINUTES 9/20/88
SALARY PROGRAM FOR LEGAL SECRETARIES
The Board reviewed memo from County Attorney Vitunac:
TO: Board f Cpunty Commissioners
J rl
FRAM: Charles P. Vitunac - County Attorney
DATE: August 16, 1988
SUBJECT: Salary Program for Legal Secretaries .
Pursuant to the Board's policy of. establishing appropriate
pay levels for Its employees, the County Attorney's Office
has developed the attached chart which shows what I would
like to use as the pay plan for the'County Attorney's Office
legal secretarial staff.
56
LSI (Legal Secretary 1) would begin at a base salary of
$14,800 and would receive -411 merit Increases over each of
the next three years to reach,a maximum level of $16,648.
The skills necessary to become an LSI are proficiency In
word processing -and typewriting but no legal secretarial
skills. . The chart presumes that; after....three years the
secretary should have all•.expeFIerlcb necessary to advance to
an LSII position. A f• -the •sec0bta�y does not possess those
skills, the maximum salary -would stay as I.s. Indicated in the
fourth column. '
The position of LSII requires all -the qualifications of LSI
and assumes that the secretary possesses. all the skills
necessary to be a legal secretary.. The salary would begin
at $17,314 and would have five step increases of 4% each
year to a maximum of $21 ,065. At.` the. end of that time the
employee would have reached the max ihtum grade 1 -eve I for an
LSII position and would not advance to LSIiI unless
possessing the skills orAegrees required of a. paralegal.
LSill (paralegal) would be g:in at $21;+908 and progress over
five years in 4% steps to a•maxI milm..of $26,654.
The attached survey data: indicate that this chart is
consistent with St. Lucie, Martin, and Palm Beach Counties,
and salaries paid in Vero Beach by the largest law firm.
To keep the chart valid con-sidering•.inflat.ion each year the
figures should be adjusted'upward - or downward by the CPI
factors used by the Federal Government. :Thus, In today's
dollars the range for the'•legal secretarial staff of the
County Attorney's Office would be. -from $1;4,800 to $26,654.
1 would like to implement this.:.:salary...study effective
October 1, 1988. 1 would recommend that. of the present
staff of the County Attorney's Office that Joye Lanham be
considered to be an LSI 2nd step;::Nancy Mossali to be an
LSII 6th step; and Lea Keller to be:an LSIII 1st step.
Title
LSI
14,800
.15.392
16,008
16,648
LS11
17.314
18.006
18.727
19,476
20.255
21,065
LS111
21,908
22.784
23.695
24,643
25..629
26.654
EXHIBIT "A"
5 7OOK l �� F��..GEJU6U
B
F,
* Per the Department of Labor, Atlanta`:Georgia, the Consumer Price Inde:
increased 5.4$ from May, 1988 to May; -1989.
1 Sandra Bartolucci
2 Nancy Mossa I i EXHIBIT "H"
3 Lea Keller
I
ASSISTANT COUNTY ATTORNEYS
FY 1988/1989
Title
1
LEGAL SECRETARIES'
PROGRAM
4
:(Chart
(Approved by BCC on
9/20/88)
CPI.increase)*
Title
FY 1988/1389
2
_ Title
1
2 3
4 5 6
LSI
14,800
15,392 16,008
16,648
LSII
17,314
18,006 18,727
19,476 20,255 21,065
LSIII
21,908
22,784 23,695
24,643 25,629 26,654
* Per the Department of Labor, Atlanta`:Georgia, the Consumer Price Inde:
increased 5.4$ from May, 1988 to May; -1989.
1 Sandra Bartolucci
2 Nancy Mossa I i EXHIBIT "H"
3 Lea Keller
I
ASSISTANT COUNTY ATTORNEYS
FY 1988/1989
Title
1
FY 1989/1990
3
4
:(Chart
adjusted to
reflect 5%
CPI.increase)*
Title
1
2
3•
4 5 6
LSI
15,540
16,162
16,8081
17,480
LSII
18,180
18,906
19,663
20,450 21,268 22,118
LS111
23,0032
23,9233
.24,880
25,875 26,910 27,987
* Per the Department of Labor, Atlanta`:Georgia, the Consumer Price Inde:
increased 5.4$ from May, 1988 to May; -1989.
1 Sandra Bartolucci
2 Nancy Mossa I i EXHIBIT "H"
3 Lea Keller
I
ASSISTANT COUNTY ATTORNEYS
FY 1988/1989
Title
1
2
3
4
5
6
ACAI
30,000
33,200
36,400
39,600
42,800
46,000
ACAII
42,000
45,200
48,400
51,600
54,800
58,000
FY
1989/1990
(Chart adjusted
to
reflect 5%
CPI increase)
Title
1
2
3
4
5
6
ACAI
31,500
34,860
38,2201
41,580
44,940
48,300
ACAII
44,100
47,460
50,8202
54,180
57,450
60,900'
1 Sharon P. Brennan
2 WIIIiam,G. Collins it
EXHIBIT
58
M
Attorney Vitunac emphasized that this is consistent with the
approval of the Board last fiscal year when we started out with
the salary program for the secretaries.
Commissioner Eggert emphasized that her position on this has
nothing to do with individuals and how deserving they are, but
she has a major timing problem with the proposal as related to
its general effect on morale. She felt the Attorney's office
should be looked upon the same way as every other department in
this building, and she would have a hard time approving this when
she knows we have people in the Planning Department and Public
Works and Utilities, who have killed themselves over the
Comprehensive Plan, etc. She would just like to see all of this
start in the county at the same time, and if Administrator
Chandler is coming up with a plan for this the first of the year,
she thinks there is a possibility of going ahead at that time
when it would be a lot more fair to all our very deserving
employees.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Eggert, to allow the Administrator to
move ahead with the proposed 5% cost -of -living increase
with the idea that we will readdress the employees of
the County Attorney's office when the Administrator
comes up with his overall plan for all County employees.
Commissioner Bird commented that going straight across-the-
board just serves to widen the gap between the higher salaried
.1
employees and the lower paid, but he guessed the steps mentioned
by the Administrator would help take care of that inequity.
Administrator Chandler agreed. He noted that the problem is
not being able to come back with the overall plan but to come up
with a way that we can implement it equitably.
Commissioner Scurlock noted that when you start to talk
about salary range, you try to reach a point where employees have
h
59
I
ii 4
BOOK 9 F'A:GE1U��
an ability to meet basic necessities, and then you have what is
called disposable income. He.has some real sympathy for those in
the area where you are trying to meet basic needs, and he wants
to pay some real attention to the lower level employees, who
don't have,what is called "disposable" incdme.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 9:50 o'clock A.M.
k
ATTEST:
Clerk
Chairman
60 ,