HomeMy WebLinkAbout9/26/1989COUNTY COMMISSIONERS
& 1 MPLEMENTAT 1 ON
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
REGULAR MEETING
SEPTEMBER 26, 1989
9:00 A.M. - COUNTY COMMISSION CHAMBER
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA
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 --
A. Approval of Minutes of Regular
Approved. Meeting of -8/22/89
B. Approval of Minutes of Special
Approved. Meeting of 8/23/89
C. IRC Bid #89-82, Trencher/Backhoe
Approved. (Tabled from 9/19/89 meeting)
(Memorandum dated 8/28/89)
Approved. D. Proclamation, Fire Prevention Week
Approved. E. Proclamation, Mental Illness
Awareness Week
Approved. F. Appointment of R. M. Tenbus to
Tourist Development Council to
Fill Vacancy Created by Death
of Charles Joyce
(Letter dated 9/11/89)
Approved. G. Acceptance of Verbal Resignation
of Ruth Stanbridge from Planning
and Zoning Commission, and
Appointment of Fran Adams to
Fill Her Vacancy
(Letter dated 9/12/89)
Approved. H. Amendment to Developer's Agreement
North Beach Water Company
(Memorandum dated 9/20/89)
SEPµY-0
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SEP 2 6 '1989 BOOK �� F.1GE �
4-1
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5. CONSENT AGENDA - CONTINUED
Approved. I. Budget Amendment 099, Vero
Lake Estates
(Memorandum dated 9/20/89)
J. Budget .Amendment 100., Police
Approved. Academy Trust Fund
(Memorandum dated 9/20/89)
• 6. CLERK TO THE BOARD
none
9:05 AM 7. A. PUBLIC DISCUSSION ITEMS
1) none -
B. PUBLIC HEARINGS
Approved. 1) Acquisition of Hobart Landing
Services Company Water Utility
Serving Hobart Landing Subdivision
(Memorandum dated 7/20/89)
Approved. 2) Agreement Between Indian River
County and CWS Lakewood Village _
Associates Ltd., for Wastewater
Service
(Memorandum dated 8/4/89)
31ORDINANCELAMENDING .SECTION 14-2 Or*
Ord. 89-26 adopted. THE INDIAN RIVER COUNTY LAW LIBRARY
H ORDINANCE OF THE INDIAN RIVER COUNTY
CODES OF LAWS AND ORDINANCES:
PROVIDING.. FOR ADDITIONAL COURT COSTS
ASSESSED BY THE CLERK OF -THE CIRCUIT
COURT IN EACH CIVIL CASE AT LAW OR
IN EQUITY OR IN PROBATE AND
GUARDIANSHIP CASES COMMENCED IN THE
CIRCUIT COURT AND FOR COSTS IN EACH
CIVIL CASE AND IN PROBATE AND
GUARDIANSHIP CASES COMMENCED IN THE
COUNTY COURT IN AND FOR INDIAN RIVER
COUNTY, FLORIDA: PROVIDING FOR
CONFLICTING PROVISIONS: PROVIDING FOR
SEVERABILITY: PROVIDING FOR
INCORPORATION IN CODE: AND PROVIDING
FOR EFFECTIVE DATE
Res. 89-128 as 4) Minor Amendments to the Harbor Town
amended adopted. Center Mall Development Order
(Memorandum dated 9/14/89)
5) Acquisition of Sea Oaks Utilities, Inc.
(Memorandum dated 9/18/89)
8. COUNTY ADMINISTRATOR'S MATTERS
none
9. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
none
B. EMERGENCY MANAGEMENT
none
ra�.1W.aF.ra.�f�t': Mt •�'.ld
9.
Lynn Williams made
presentation on new
library design. Pro-
blem w/stormwater
management .needs to be
worked out.
DEPARTMENTAL MATTERS - CONTINUED
C. GENERAL SERVICES
1) North County Community Library
Status Report
IMemor-andum dated 9/19/89)
2) IRC Bid #89-92, Utility Supplies
..and Material
Approved. Memorandum dated 9/,15/89)
Approved. 3) Petroleum products. Joint agreement w/School
D. LEISURE SERVICES Board - memo 9-11-89
none
E. OFFICE OF MANAGEMENT AND BUDGET
none
F. PERSONNEL
none
G. PUBLIC WORKS
none
H. UTILITIES
Approved. - 1) A Study on Use of Reclaimed
-,Water on Citrus Groves
= (Memorandum dated 9./15/89)
2) An Agreement Between Indian
Approved. J. River County, Florida and Llonald
Mixell for Extension and
,;ter Installation
-(Memorandum dated 9/13/89)
10. COUNTY ATTORNEY
none '
11. COMMISSIONERS ITEMS
Approved with A. CHAIRMAN GARY C. WHEELER
"Thanks" I - Jim Chandler agreed to 5% salary increase. Memo
from G. Wheeler 9-22-89
B. VICE CHAIRMAN CAROLYN K. EGGERT
Approved. Substance Abuse Funds
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER MARGARET C'. BOWMAN
E. COMMISSIONER DON C. SCURLOCK, JR.
12. SPECIAL DISTRICTS
SOUTH COUNTY FIRE DISTRICT
Approved. A. Approval of Minutes of 8/8/89
Meeting
Approved. B. Collective Bargaining Agreement600K �1 ml E 0�
SEP 2 6 1 (Memorandum dated 9/20/89)
�AgN�YONNE�WHIO LMAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT. -:THIS zS
MADEIWHICHLINCLUDESOTHESTESTIMONY ANDREVIDENCECUPON SHICH THECAPPIEALSWILL '.
BE BASED.
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BOOK i ftiGE 04
Tuesday, September 26, 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 26, 1989, at 9:00 o'clock A.M. Present were Gary C.
Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; and Margaret
C. Bowman. Absent was Richard N. Bird, who was on vacation in
Mexico and Don C. Scurlock, Jr., who was out of the county on
private business. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, Attorney to the Board of
County Commissioners; Joseph Baird, OMB.Director; and Virginia
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and led the Pledge
of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler wished to add to the Agenda under his
matters discussion of a raise for Administrator Chandler, and the
Administrator requested the addition of an emergency item under
General Services 9G(3) re Bid for Petroleum Products.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, Commissioners Bird and Scurlock being
absent, the Board unanimously (3-0) added the above
items to the Agenda.
W W W
CONSENT AGENDA
The Chairman advised that. OMB Director Baird has requested
that Item I be removed from the Consent Agenda for discussion.
A. Minutes of Regular Meeting of August 22, 1989
The Chairman asked if there were any additions or correc-
fions to the Minutes of the Regular Meeting of August 22, 1989.
There were none.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) approved
the Minutes of the Regular Meeting of August 22, 1989,
as written.
J
B. Minutes of Special Meeting of August 23, 1989 -
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Special Meeting of August 23, 1989.
There were none.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) approved
the Minutes of the Special Meeting of August 23, 1989,
as written.
C. Bid #89-82 - Trencher/Backhoe
The Board reviewed memo from CPO Manager Mascola and
Utilities Environmental Specialist John Lang, as follows:
t�9 2
BOOK
78 F,�u 0
SEP 2 6 '1989
Bou ,78 F���.rE� 06
DAZE: August 28, 1989 = Dominick L. Mascola, CPO Manager
TO: BOARD OF COUNTY C24 ISSIONER.S Division of Purchasing
SUBJ: IRC Bid #89-82/TRELCR/BAaG=
THRU: James E. Chandler, County Admini trator
H.T. "Sonny" Dean, Director
Department of Genera' Se�tvi s
1. BACKGROUND:
The Subject Bid for Trencher/Backhoe was properly advertised
and Six (6) Invitations to bid were sent out. On Aug. 23, 1989,
bids were received. Three (3) vendors submitted proposals for
the commodity.
2. ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. Vemreer Southeast was, the low responsive and
responsible bidder that met all requ eme ts.
3. FUNDING:
Monies for this project will care*frcm Utilities Budget Account.
4 RE00*2 DATION:
Staff reamnendp the Award of a Fixed Contract for $43,330.62
to the low responsive & responsible bidder, Vermeer Southeast for
,Y the subject commodity.
DATE: AUGUST 25, 1989
TO: DOMINICK MASCOLA
PURCHASING MANAGER
r:. • - `
FROM: JOHN F. LA GLU
ENVIRONMENT SPECIAILIST
DEPARTMENT OF UTILITY SERVICES
SUBJECT: BID 89-82
The bids submitted by Ditch Witch Trencher and Florida Trencher,
Inc., do not meet the specifications of the bid. The bid, as
submitted by Vermeer Southeast Sales and Service, does meet the
specifications as prepared by the Department of Utility Services.
The Ditch Witch unit is incapable of operating the Department' of
Utility Services' push-pull unit, as per item No. 2 of the
Performance Section. The unit's turning radius is greater than two
and one-half times that acceptable for work in standard easements.
The unit is missing desirable features such as skid plates and
bolt -on replaceable wear plates for the boom and grader blade; in
addition, the augers are not hydraulically controlled. ,
The Case unit was never demonstrated for utilities personnel,
despite repeated calls. This unit is also missing many desirable
features such as skid plates and bolt -on replaceable boom and grader
blade wear strips; in addition, the augers are not hydraulically
controlled.
I
lIn conclusion, the Department of Utility Services requests that the
bid be awarded to the only bidder to meet all specifications,
;Vermeer Southeast Sales and Service. 3
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0
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) awarded
Bid #89-82 for a Trencher/Backhoe to the low bidder
meeting specifications, Vermeer Southeast, in the
amount of $43,330.62, as recommended by staff.
11
D. Proclamation - Fire Prevention Week
P R O C L A M A T I O N
WHEREAS, during the past year, fire claimed the lives of
many of our fellow citizens. Many more were severly injured by
fire and thousands of dollars of property was destroyed. The
greatest percentage of deaths caused by' fire last year occurred
in residential properties. Fire is especially devastating 10 the
most vulnerable members of our society: children and the elderly;
and
WHEREAS, this year, the United States Fire Administration
has launched a campaign aimed at the very young entitled "Curious
Rids. Set Fires." The National Fire Protection Association, the
originator. of Fire Prevention Week, has selected a companion
theme: "Big Fires Start Small: Keep matches and lighters in the
right hands." Complementing these efforts is a* private sector
initiative, "Plan to Get Out Alive," a house escape planning
program developed with the assistance of the U. S. Fire
Administration. All of these programs are designed to make the
public more aware of the dangers of fire in their homes; and
WHEREAS, the efforts of public officials, firefighters,
business leaders, community and volunteer organizations who are
working together to bring about a safer America are to be
commended, especially the men and women of the fire service -
volunteer and career - who risk injury and death to protect the
lives and property of their fellow citizens; and
WHEREAS, 'the great risks and sacrifices involved in their
work are clearly,. evidenced each year during the National Fallen
Firefighters Memorial -Services at the National Fire Academy in
Emmitsburg, Maryland.' On October 15 of this year, the families
of firefighters killed in the line of duty.and representatives of
the Nation's fire service will gather from all over America to
honor and pray for the 126 heroic individuals who perished in
1988.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS of
Indian River County, Florida, proclaims the week beginning
October 8, 1989, as FIRE PREVENTION WEEK IN INDIAN RIVER COUNTY.
The Board calls upon the people of Indian River County to plan
and actively participate in fire prevention activities not only
this week, but throughout the year. The Board further asks the
citizens bf Indian River County to pay tribute' to those
firefighters who have made the ultimate sacrifice for our safety.
UP 1389
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVE COUNTY, FLORIDA
J ea 4, e� e-, 6 &/Ly.
Gary W
Wheeler, Chairman
4 �M � c'I.IJ 07
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_ 800 , i f'AGc
E. Proclamation - Mental Illness Awareness Week
P R O C L A M A T I O N
WHEREAS, mental illness is a problem of grave consequence to
the residents of this /county and is unnecessarily feared and
misunderstood; and
WHEREAS, fear and superstition have often unfairly burdened
all those who -are affected by mental illness,'thereby presenting
barriers, to early and effective treatment and delaying needed
research and support; and
WHEREAS, two million Floridians annually are affected by
diagnosable mental disorders, such as schizophrenia,
manic-depressive disorder, panic anxiety, and major depression
which involve significant disability with respect to employment,
attendance at school, or independent living; and
WHEREAS,* in any six-month period alcohol, drug abuse, and
mental disorders affect almost 19 percent of adult Floridians,
young and old, rich and poor, urban and rural alike; and
WHEREAS, in recent years there have been unprecedented
research developments that have brought new methods and
technology to the objective study of the brain and its
relationship to mental illness; and
WHEREAS,:".mental illness is increasingly a treatable
disability with excellent prospects for recovery when property
recognized; and
WHEREAS, persons affected by mental illness and their
families have beVn to join self-help groups in an effort to
combat the unfair stigma associated with these disabilities, to
support a greater investment in research, and to advocate for the
resources to.ptovide needed services; and
-•WHEREAS; appropriate treatment of mental illness has been
demonstrated to be cost-effective because it restores
productivity and reduces reliance on other serviceat and
WHEREAS, growth in scientific knowledge has generated new
opportunities for future research advances and for increased
public enlightenment and support:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, Indian River County, Florida that the week of
October 1-7, 1.989 be observed as
`4 MENTAL ILLNESS AWARENESS WEER
"in Indian River County, and the Board urges all citizens of
Indian River County to give their support to mental illness
programs.
Adopted September 26, 1989
5
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
i
Gary C. feeler, Chairman
F. Appointment to Tourist Development Council (Tenbus)
The Board reviewed letter from Mr. Tenbus, as follows:
AIRCRAFT SERVICE CENTER
P. O. BOX 9907 - VERO BEACH MUNICIPAL AIRPORT Finance
VERO BEACH. FLORIDA 52980 - (808) 588-0109 Other _
September 11, 1989
Chairman Gary Wheeler
Indian River County Commission
Board of County Commissioners
".',.'Administration Building
1840 - 25th Street
°.Vero Beach. -FL 32960
Dear, Gary:
I would like to be considered for a position on the Tourist
Development Commission if an opening should come -up.
,,You know of my interest and pride in Vero Beach and Indian
.River. County.
We both servedjon the Airport Development Commission some
years ago. I was your Vice Chairman.
-As a small businessman I.know about bottom lines, payrolls
.-and expenses. Additionally$ a full 50% of my customers
: come from other areas.
For the last five years I have been President of the Board
of Directors of Driftwood Breakers Resort.
From my experience in Vero Beach and Indian River County, I
feel I am -very aware of the impact tourism has on us. I feel
my voice on the commission can have a positive effect on the
accomplishments of this Board.
you for your consideration.
9
. M. Tenbus
RMT/dd
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) appointed
R. M. Tenbus to the Tourist Development Council to
fill
the vacancy created by
the death of Charles Joyce.
SEP�.,,�c
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1989
6
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BOOK09
G. Accept Resignation from P&Z Commission and
Rep acement (Stan ridge & AdamsT
BOOK 78 [Al,
ointment of
The Board reviewed letter from Fran Adams, as follows:
September 12, 1989
The Honorable Mggie Bowman
County Commissioner
Indian River County Court House
Vero Beach, Florida 32960
Dear Commissioner Bowman,
Since Ruth Stanbridge has expressed the desire to resign from
the Planning and Zoning Commission in the near future, I hereby
submit my resume for consideration to .fill the minder of her
teen on the Commission.
Please find the resume enclosed for your perusal and consideration.
Thanking you for this opportunity, I remain
Sincerely,
1 Q,.v`. e
Fran B. Alarms
11550 S. R. 507
Fellsmere, F1 32948
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) accepted
the verbal resignation of Ruth Stanbridge from the
P&Z Commission with regret and appointed Fran B.
Adams to the P&Z Commission as her replacement.
H. Amendment to Developer's Agreement - North Beach Water Co.
The Board reviewed memo from the County Attorney:
Vi
TO: Board of County Commissioners
e P-4?�
FROM: Charles P. itunac - �C unty Attorney
DATE: September 20, 1989
RE: CONSENT AGENDA - SEPTEMBER 26, 1989
AMENDMENT TO DEVELOPER'S AGREEMENT -
NORTH BEACH WATER COMPANY
The County recently purchased the North Beach Water Company,
and, as part of the transaction, became the assignee of the
rights and responsibilities of the owner of the Company
regarding certain developer agreements. One of these
agreements reserves certain water capacities for Mr. Gordon
Nutt, a developer.
Mr. Nutt has recently requested that the area in which his
reserved water capacity' can be used be expanded to i-nclude
the legal description in the attached amendment. Since the
County is the water provider In that area anyway the County
Utility Staff has no objection to this .agreement, and
recommends its approval..
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) approved
Amendment to Developer Agreement with Gordon Nutt
for expansion of the area in which his reserved water
capacity can be used.
$EP 2 6, 1669
BOOK .78 2
ThjgthAmendment to' Developer Agreement made and entered
this day of September , 1989, by and between GORDON
S. NUTT, hereinafter referred to as "Developer", and INDIAN
RIVER COUNTY,• a political subdivision of the State of Florida,
hereinafter referred to as "County".
WHEREAS, Developer and NORTH BEACH WATER COMPANY,
hereinafter referred to as "North Beach", entered into that
certain Developer Agreement dated February 20, 198-L; and
WHEREAS, North Beach assigned its interest in the Developer
Agreement to thel.County by an Assignment datied -April 25 ,
198-&; and '
WHEREAS, Developer and County wish to amend the terms and
conditions of said Developer Agreement;
NOW, THEREFORE, in consideration of the mutual undertakings
and agreements herein contained and other good and valuable
consideration', the receipt of which is acknowledged, the
parties agree as follows:
1. Exhibit A to the Developer Agreement is amended by
adding thereto the following property descriptions.:
All that part of Government Lot 3 lying East of
the centerline of Jungle Trail, Section 26,
Township 31 South, Range 39 East, said land
lying and being in Indian River County, Florida,*
less and except the North 40 feet of said
Government Lot 3, less and except the
right-of-way of State Road S-510 and Jungle
Trail; together with
From the -Southeast corner of Government Lot 7,
Section 26, Township 31 South, Range 39 East,
run North 00 degrees 28 minutes 45 seconds West
84.56' feet to a point on the East right -of -tray
of State Road A1A for the point of beginning,
thence run North 31 degrees 08 minutes 17
seconds West along said East right-of-way line
of State Road AlA a distance of 1449.14 feet to
a point of intersection with the North line of
the aforesaid Government Lot 7, run South 89
degrees 59 minutes 36 seconds East, along said
North line of Government Lot 7 a distance of
664.50 feet, more or less,. to the mean high
water line of the Atlantic Ocean, run South 32
degrees 37' minutes 40 seconds East along said
mean high water mark a distance of 140.04 feet,
more or less, to the East line of the aforesaid
Government Lot 7, then run South 00 degrees 28
minutes 45 seconds East a distance of 1122.35
feet, more or less, to the point of beginning,
being all that part of said Government Lot 7
lying East of East right--of-way of. State Road
AIA.
2. Except as amended hereby, the terms and conditions of
the Developer Agreement reml n in full force and effect.
I!
/� 611✓
Gor on Nu t
INDIAN RIVER COUNTY
C.GL'iG .
i
By:
9
W W W
I. Budget Amendment #099 - Vero Lakes Estate
The Board reviewed memo from OMB Director Baird:
TO: Members of the Board
of County Commissioners
DATE: September 20, 1989
SUBJECT: BUDGET AMENDMENT 099 —
VERO LAKES ESTATE
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
Vero Lakes Estate Fund .is over budget due to the paving of 87th
Street which is the major street into Vero Lakes Estate. In
evaluating where to fund the shortfall, Jim Davis and I decided to
use funds from Road and Bridge and the Secondary Road Trust Fund.
The attached budget amendment appropriates the funding.
Staff recommends that the Board of County Commissioners approve the
attached budget amendment..
Director Baird informed the Board that he was submitting a
corrected Budget Amendment to replace the one in the backup
material because a portion was inadvertently left out with the
result that it is an unbalanced entry. The new Budget Amendment
corrects that and sets out the other side of the entry to balance
the $50,000 decrease.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being.absent, the Board unanimously (3-0) approved
Budget Amendment #099 as corrected.
P �. 10 BOOK I� fGE
IS EP 2 6 r
TO: Members of the Board
of County Commissioners
FROM: Joseph A'Bair ('
OMB Director I /
BOOK
SUBJECT: BUDGET AMENDMENT
NUMBER: 099
DATE: September 25, 1989
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
ROAD AND BRIDGE
Transportation -Fund
Other Professional Services
111-214-541-033.19
S 0
15,000
Other Contractual Services
111-214-541-033.49
0
10,000
Garbage and Solid Waste
111-214-541-034.33
0
10,000
Other Insurance
111-214-541-034.59
0
30 000
Fund Transfer Out
111-199-581-099.21
S 65,000
0
EXPENSE
SECONDARY ROAD TRUST FUND
Secondary Road Construction
Reserve for Contingency
109-199-581-099.91
S 0
50,000
Fund Transfer Out
109-199-581-099.21
50,000
0
REVENUE
VERO LAKES ESTATE
Road and Bridge
Fund Transfers In
185-000-381-020.00
S 115.000
0
EXPENSE
VERO LAKES ESTATE
Road and Bridge
Construction in Progress
185-214-541-066.51
S 135.000
0
for Contingency
185-214-581-099.911S
0
$ 20,000
,Reserya
J. Budget Amendment #100 - Police Academy Trust Fund
The Board reviewed memo from OMB Director Baird:
TO: Members of the Board SUBJECT: BUDGET AMENDMENT 100 -
of County COMMIrsionerS POLICE ACADEMY TRUST FUND
DATE: September 20, 1989 CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The Police Academy Trust Fund is currently overbudget which is
primarily due to the fact that both revenues and expenses exceeded
the estimated budget. The attached entry increases revenue from
fines and education expenses.
RECONM ENDATION
Staff recommends that the Board of County Commissioners approve the
attached budget amendment.
11
i r �
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) approved
Budget Amendment #100 as follows:
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
NUMBER:; 100
FROM: Joseph A. Baird, OMB Dire+or DATE: .September 20. 1989
Entry
Number
c ount Number—Increase-a
se
1.
REVENUE
POLICE ACADEMY TRUST FUND/
Police Education
103- 0- - 0 0
S__5,000,00
S 0
Revenue Interest
-00 -361-010.00
1,000.09
Cash
0
EXPENSE
POLICE ACADEMY TRUST FUND/
Other operating Supplies
ACQUISITION OF HOBART LANDING SERVICES CO. WATER UTILITY
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
A*
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, hning PlJBLiC Chu +rv,'s
+: On Tuseday. Sephmiber Ilk 1980, at BOS A FA„ -
.�i a the Board. of�; of..
�brdlarr
WM mast in tu
• nistration he Catty
dm BuVdin0 as 194G� SksK Vwo
In the matter of Beach. FL, to cornider acquIsMon of what -Is
know',as-NOBART.' ANW40'SERVICES COkA-
r t ' PANY W�AaaTrr�EnnRggTLIT .-f a0,dayste� Oft
'.,' : tkl9 ba availab� far publln Inapeo ! Nord "wrryy
E. Asher. Assistant Diiaatar of 01 OeparbthMt of.
Utli ty Serviow The. p&W-IrinIAM to attend
in the _ Court, was pub- the publio-hearinq;and,ooapnpvL-on ihe.pror*
pwadacquW004..� . 4
WM who
to, app' arhy dr�starh
• Iished in sald newspaper in the issues of f _ = al
maybe made at meeting wHl rwd to
enwn that a verbatlm. ►eoocd .011.11110 proo-e-ou
MOs is made. Which khokhdee tpdmorly and avM;
dans upon whild the appeal b lased. , ''r+,,
Aug. 25,1989
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore t
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 /�2gZrjLbj)�a
advertisement for publication in the paid newspaper.
Sworn to and 6Wscribed before me this — day of A.D. 19 _ l V qU
G�
usin M ager).
VIP
(SEAL).. I�i?asaC+• .. .... . . �� l`i r r?.
12'
SEP 2 6 X999 11,,,r
SEP 2 L 89 BOOK 78 IF'gIA
Utilities Director Pinto made the following presentation:
DATE: JULY 20, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
FROM:: HARRY E. ASHER
ASSISTANT DIRECTOR OF UTILITY SERVICES
SUBJECT: ACQUISITION OF HOBART LANDING SERVICES COMPANY
WATER UTILITY SERVING HOBART LANDING SUBDIVISION
BACKGROUND
Hobart Landing Services Company Water Utility operates under a
franchise granted by Indian River County.
Hobart Landing Services Company Water Utility currently ,serves
approximately 35 customers within the Hobart Landing Subdivision.
There will be a total of 47 customers at buildout.
Hobart Landing Services Company has approached the County to take
over the water plant and distribution system at no cost to. Indian
River County. As required by the Hobart Landing Services Company
franchise, Hobart Landing Services Company has escrowed impact fees
and repair and replacement funds; including interest. The current
balance of the repair and replacement fund as of July 14,. 1989,
including interest, is $9,178.35. Under the takeover agreement, the
repair and replacement funds are to be transferred to the County to
be utilized to correct any deficiencies in the system.
The Water Treatment Plant is a 7.5 TGD water plant; it is an
aeration/chlorination type plant with a raw water feed. The
distribution plant consists of approximately 1,675 feet of 6" ACP,
1,000 feet of 4" ACP, and 2,290 feet of 2" galvanized pipe.
ANALYSIS _
The County's policy has been to acquire such privately held
utilities and, to expand its regional and subregional water and
wastewater facilities. Acquisition of this system will assist us in
implementing this policy for the North County area.
Based upon an average usage of -3,000 gallons per month per customer
paying current Indian River County. rates, the customers would
realize an estimated increase of $7.13 in their monthly charges.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners conceptually approve the proposed
purchase agreement, based upon the outcome of the Public Hearing.
Director Pinto informed the Board that there will be no
funds paid for take over. We will assume the responsibility for
operation of the facility, and at the same time, have turned over
to us the escrowed impact fees and also a fund of some $9,100
that exists for Renewal & Replacement (R&R). The facility is
13
quite old. It consists of only a very small water treatment
plant that does nothing more than chlorinate and aerate. We have
met all the criteria set forth by State Statute, and staff
recommends we take the facility over as stated in the proposed
Agreement.
Commissioner Eggert asked what is going to happen to this
9 -ince the facility is quite old - are any repairs going to be
able to made out of what funds are in there already?
Director Pinto felt the immediate repairs will be covered by
the R&R fund they are turning over. in the long term, there will
be some line replacement required, but that probably won't take
place until such time as we connect them into a regional
facility.
Commissioner Eggert wished to know if this is helpful to the
area other than just Hobart Landing, and Director Pinto advised
that we hope to be able to tie several of these water systems
together and create the nucleus for a water system and we hope to
do that within the next year. The wastewater is not included
here, and the North County system will probably take that all in
within a fairly short time.
Commissioner Bowman asked if all the residences and club-
house are on the existing system because she felt the original
agreement when this utility was set up said they didn't have to
hook up.
Director Pinto explained that there are some people who are
connected but still have a well with a little more sophisticated
water softening unit because of the questionable quality of the
water in the system. It is mandatory for them to hook up under
our county ordinance right now, but particularly on the water
system, we haven't been pushing that requirement.
Attorney Vitunac advised that there is one change on the
third page, we need to insert that we are going to take the
system for the sum of $1.00 and on the next page, for date of
closing, we will insert October 1st.
'SEP 2 U 1989 ' 4 I{alp �i8--T,4 7
CCK
. BOOK , (� F.1F
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Commissioners Bird and Scurlock
being absent, the Board unanimously (3-0) approved
the proposed purchase agreement and authorized the
Chairman to execute the Agreement with Hobart Landing
Services Company re County Take -Over of their Utility
System.
COPY OF SAID AGREEMENT & EXHIBITS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
AGREEMENT WITH LAKEWOOD VILLAGE ASSOCIATES FOR WASTEWATER SERVICE
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
M • -
Vgro Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority -personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
Ia•:
b in the _ Court, was put-
'.
ule-
•.
�.1 fished In said newspaper In the issues a A__.
Do Board at.GonaMnlorm"l of No
4wmar Couftly;= will meet.in the Cas
AdmfdstralfwgBulldlno.t.fat0�1flln tVt
Beach, FL. .16',er-acqulelti n of'what
known as LAKEWOOD VILLAGE UTILITIES F
311 days before -thb.pu -hearing. Informed
about the property win be avallable for pubib
tonDeParkneat of Serves. The pub
Is kwtted to attend the hearing and.co
mmlt on the proposed toqulddaf.Mm'
Anyone who may -wish to appeal any dechf
which may be made at this nisedng will treed
enwue ilial a verbatim record of the prooee
Afflant further says that the said Vero Beach Press.Joumal is a newspaper published at upon aomaly
Vero Beach, In sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun•
ty, Florida, for a period of one year next preceding the lirit 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 Ioi publica lion In the paid newspaper.
Swom to and subscribed before me this _d1r . day of 4OMS A.Vg /
• r �' r � v
j Business Manager] '
�.
yaq
7 •' ..
15
Utilities Director Pinto reviewed the following:
DATE: AUGUST 4, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
CWS LAKEWOOD VILLAGE ASSOCIATES LTD., FOR
WASTEWATER SERVICE
PREPARED AND STAFFED BY: HARRY E. ASHER L14A
ASSISTANT DIRECTOR OF UTILITY SERVICES
BACKGROUND
Lakewood Village Utilities currently serves approximately 375
customers with water and wastewater service within the 'Lakewood
Village Mobile Home Park. Lakewood Village Utilities has
experienced various problems with their wastewater treatment
facilities. As a result of these problems, Lakewood Village
Utilities approached Indian River County Department of Utility
Services concerning the possibility of Indian River County providing
wastewater service to Lakewood Village Mobile Home Park.
ANALYSIS
The County's policy has been to acquire and/or connect such,
privately held utilities and to expand its regional and subregional .
wastewater -facilities. Service to this system will assist us in
.implementing this policy, in addition to expanding the customer base
of the County's wastewater system.
Lakewood plans to connect to the Heron Cay Lift Station and, under
the Agreement, Indian River County will provide funding for a
.portion of the project, not to exceed $6,000.00, which is the amount
the County would have spent to relocate a force main to the existing
Heron Cay Lift Station. Funding for this project will be from
Account No. 472-000-169-071.00.
Wastewater services to the Lakewood Village Mobile Home Park can be
provided without any significant effect on the operating costs of
the County facilities, and with no effect on the rates and charges
-of the existing County customers.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached agreement for
wastewater service and authorize the Chairman to sign the Agreement.
Director Pinto explained that these negotiations were
patterned after the other mobile home parks in the vicinity that
we have connected to our system. The impact fees will be paid to
the county. As each mobile home that is presently there changes
hands legally, the park owner will be responsible for paying the
impact fees to the county. He clarified that the mobile home
16
SEP 2 6 1989
SEP 2 6 198 poor; iii F�,E 2®
park owner is responsible to the county and not the individual
mobile home owner. The park owner will be our customer, and we
will bill him based on county rates.
Commissioner Eggert inquired about the condition of this
facility, and Director Pinto stated that the condition is such
that the treatment plant is just about totally useless to us.
We, therefore, are not taking possession of the treatment plant;
it will be abandoned and there will be a new lift station built
that will be connected into the West County Regional plant. They
will have to remove the treatment plant, and then they can make
use of that property as they see fit. The lift station they will
connect into is located atthe neighboring Heron Cay Mobile Home
Park, and we are participating in the amount of $6,000 because of
some agreements we have with Heron Cay. It is a tri -party
effort, and we feel it is beneficial to the users and to the
community as a whole.
The Chairman asked if anyone present wished to be heard
There were none, and the Chairman thereupon closed the public
hearing.
ON MOTION by Commissioner Bowman, SECONDED by Com-
missioner'Eggert, the Board unanimously (3-0) approved
the Agreement with Lakewood Village Mobile Home Park
for Wastewater Service and authorized the signature
of the Chairman.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
17
ORDINANCE AMENDING SEC. 14-2 OF THE LAW LIBRARY ORD. PROVIDING
FOR ADDITIONAL COURT COSTS ASSESSED BY THE CLERK
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
i
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 Vern Beech Press -Journal, a daily newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement• being
In the matter of "" r' •
In the _ . _._—.. �f _ _ Court, was pub -
fished in sold newspaper in the Issues of
Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the sold newspaper has heretofore
been continuously publishedIn said Indian River County. Florida. each daily and has been
entered as second class mail miller at the pnsl office in Vero Beach, in said Indinn River Coun-
ty, Florida, for a period of one year next preceding the lirsl publicalion of the attached copy of
advertisement; and alftant 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 Bald newspaper, n
Swornto and subscribed before me thisQts`!.t_. dayef;��& A.D. 19
� 1, , ., _ ( a. '• .•�•.�y ..,.�_ d.,� .
H: (Business Anagen
i
" � ( , h�dFerrfNver ty; Florida}+
(SEAL) !►,r,.. :w. t., -. V
NOTICE' s
The Board of County Commissioners of I
Indian River County, Florida, hereby pro-
vides notice of a Public Hearing sched-
uled for 9:05 A.M. on Tuesday, Septem-
ber 28, 1989, to discuss a proposed ordM
nonce entitled: i
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING SEC-
TION 142 OF THE INDIAN RIVER
COUNTY LAW LIBRARY ORDINANCE
OF THE INDIAN RIVER COUNTY
CODES OF LAWS AND ORDINANCES;
PROVIDING FOR ADDITIONAL COURT
COSTS ASSESSED BY THE CLERK OF
.THE CIRCUIT COURT IN EACH CIVIL `
CASE AT LAW OR IN EQUITY OR IN
,PROBATE AND GUARDIANSHIP CASES j
COMMENCED IN THE CIRCUIT COURT
i AND FOR COSTS IN EACH CIVIL CASE
AND IN PROBATE AND GUARDIANSHIP
CASES COMMENCED IN THE COUNTY '
COURT IN AND FOR INDIAN RIVER'
COUNTY, FLORIDA; PROVIDING FOR •, .
CONFLICTING PROVISIONS; PROVID-
ING FOR SEVERABILITY; PROVIDING
FOR INCORPORATION IN CODE; AND
PROVIDING FOR EFFECTIVE DATE.
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 testimony and evidence
upon which the appeal is based.r, y
September 1. 1989 1 " 8088111
Commissioner Eggert wished to note that, according to the
Special Bill, we will be allowed to raise the Circuit Court fees
up to $20 and the County Court fees up to $10, and we are just
gradually getting there. This is this year's recommendation.
Chairman Wheeler had questions as to why they pick these.
particular things to raise the fee, and he also did not fully
understand how the revenue is broken down for the Law Library.
Commissioner Eggert explained that the County pays the Law
Librarian's salary and fringes, and the court costs have paid for
all the books, etc. They also have fees that come in from
xeroxing and that type of thing.
Commissioner Wheeler wished to know if the attorney's pay
anything towards this, and Commissioner Eggert noted that we have
been through that with the attorneys several times, and their
view is that they have done something in support of the Law
18 rte=
��9 BOOK E'�G�
BOOK S NAGF
Library by sending this Bill up to Tallahassee and getting it
approved.
Attorney Vitunac felt in a sense attorneys pay because they
pay filing fees every time they file a case. It is a user charge
- the people who use the court system pay for the Law Library.
Commissioner Eggert believed it actually is the attorney's
clients who pay.
Attorney Vitunac pointed out that everyone has access to the
Law Library, not just attorneys, and Commissioner Eggert con-
firmed that the public represents about 600 of the use of the Law
Library and the Court about 400. That is why we felt it was an
equitable balance for us to take over the Law Librarian's salary,
and this is just raising the fees to keep up with the cost of
books, etc. They have turned the Law Library over to us; all the
funds are coming into us; and we think we can get books, etc., at
a lower price than they seem to have been doing.
Chairman Wheeler was just not sure this is an equitable or
fair way to raise the income for the Law Library.
Attorney Vitunac stated that there is no other legal way to
make attorneys pay for the Law Library.
Chairman Wheeler believed the attorneys get the most use out
of it, and it was reiterated that 600 of the use is by the public
for Small Claims Court, etc., and Attorney Vitunac further
pointed out that actually the big attorneys have their own law
libraries and don't u'se this at all. It serves the small firms
and the public, and it also serves the Judges.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously (3-0) adopted
Ordinance 89-26 amending Sec. 14-2 of the Law Library
Ordinance to provide for additional court costs assessed
by the Clerk of the Circuit Court.
19
ORDINANCE NO. 89- 26
AN ORDINANCE OF .I -ND I AN R.I VER COUNTY,
FLORIDA, AMENDING SECTION 14-2 OF THE
INDIAN RIVER COUNTY LAW LIBRARY
ORDINANCE OF THE INDIAN RIVER COUNTY
CODES OF LAWS AND ORDINANCES; PROVIDING
FOR ADDITIONAL COURT COSTS ASSESSED BY
THE CLERK OF THE CIRCUIT COURT IN EACH
CIVIL CASE AT LAW OR IN EQUITY OR IN
PROBATE AND GUARDIANSHIP CASES COMMENCED
IN THE CIRCUIT COURT AND FOR COSTS IN
EACH CIVIL CASE AND IN PROBATE AND
GUARDIANSHIP CASES COMMENCED IN THE
COUNTY COURT [N AND FOR INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCORPORA-
TION IN CODE; AND PROVIDING FOR
EFFECTIVE DATE.
BE IT ORDAINED by the Board of County
Commissioners of Indian River County that Chapter 1-4 of the
Indian River County Code of Laws and Ordinances is hereby
amended as follows:
SECTION 1.
SECTION 1.4-2. Additional Court Costs Assessed.
There shall be taxed and collected by the clerk of
the circuit court of Indian River County, Florida, the sum
of ted►/11MAN-IsI/(/$h/0/./0/On fourteen dollars ($14.00) as costs
in each civil case at law or in equity and in probate and
guardianship cases commenced in the circuit court in and for
Indian River County, Florida, and there shall be taxed and
collected by the clerk of the county court in Indian River
County, Florida, the sum of tVitijllddVVdtfsfll(1$131.lolol) four
dol lars ($4.00) as costs in each civi I case and *in probate
and guardianship cases commenced in the county court In and
for Indian River County, Florida, in addition to the costs
otherwise provided by law, the whole of which sum shall be
set apart
by
said clerk
to
be used
exclusively
for
the
purchase
and
maintenance
of
said law
library.
The
said
CODING: Words in iff0jlk1f0t6040 type are deletions from
existing law; words underlined are additions.
(� 2 0 �:J
�3P L6 4,989
BOOK
clerks shall turn over said funds so collected, at the end
of each month, to the board of trustees herein established;
provided, however, that said board of trustees may, from
time to time, as the circumstances require, determine, by
resolution at any regular meeting, that the sums as
hereinabove provided are not required for the proper
operation and maintenance of said law library, and may
direct the clerks to collect any lesser amount, until such
time as said board, by similar resolution, may deem it
necessary to collect any larger amount, not exceeding the
sums herein provided.
SECTION 2.
Conflicting Provisions.
In case of a conflict between the provisions of
this ordinance and prior ordinances, the prior ordinance
shall be deemed repealed to the extent of such conflict.
SECTION 3.
Severability.
If any section, or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, Inoperative, or void, such holding
shall not affect the remaining portions of this ordinance,
and it shall be construed to have been the legislative
intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 4.
Incorporation in Code.
This ordinance shall be incorporated into the Code
of Ordinances of Indian River County and the word
"ordinance" may be changed to "section", "article", or other
appropriate word and the sections of this ordinance may be
renumbered or relettered to accomplish such purposes.
21
SECTION 5.
Effective Date.
This ordinance shall become effective upon receipt
from the Secretary of State of the State of Florida of the
official acknowledgment that this ordinance has been filed
with the Department of State, but not prior to October 1,
1989.
Approved and adopted by t*he Board of County
Commissioners of Indian River County, Florida, on this 26th
day of September , 1989.
This ordinance was advertised in the Vero Beach
Press -Journal on the 1st day of September , 1989., for a
public hearing to be held on the 26th day of September—.
1989, at which time it was moved for adoption by
Commissioner Eggert seconded by Commissioner
Bowman and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Aye
CommissionerRichard N. Bird Ablllul t
Commissioner Margaret C. Bowman AyP
Commissioner Don C. Scurlock, Jr. Abs-ut
Indian Rive Ca Aoorovad
Oato
Admin.
8 3o S
Legal
A +.VV
Budget
Oeot.
Risk Mgr.
CODING:
BOARD -OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Gary Wheeler, Chairman
Attest B*Cler kAR!! ,��
y arto
Words in WOIRIW60§0 type are deletions from
existing law; words underlined are additions.
22 P 1989 nor.i�`c X014
BOOK � c=
MINOR AMENDMENTS TO THE HARBOR TOWN CENTER MALL DEVELOPMENT ORDER
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 SEptd� N
wc_ fPublished Dally;Cf(ON N►Ty
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-Joumal, a daily newspaper published
tINDRNER'COuftTtf
NOTICE OF PUBLIC'HEARING
at Vero Beach in Indian River County, Florida that the attached copy of advertisement, being r3 -
� ':;.
' Board of Cw* a
f: �� ' ° ,Rader County hereby ghres'•npptice o1 a PUBLIC
/� /� �L) s'FtEARtNti-to be #laid"a ,�'.B5
In the matter of � � �lft/ht� /S� o Co triothe Coin Colmn On.0
4 ;r 'd the County AdminfSiratidlf Bugdbng located' .
' L*"The wb)ect'.ot� e,Maring.)s.to, ;x
adoption of inn-fateenclmsn tgtthe
development;"order'"(D.O:),fdc"tits pro)eCt'lo Ee
The -
In the Court. way pub known ai the Harbo►rT4M* Center Met1.; The -
:i minor amxtdmarns relate to' a`modifitretlon.tDAt
.s condition • vrfaeelsto Aird the kwkl-,�
Ilafnfd In geld newspaper In the issues of
/9d 9 Sion of a."s l�coVenanr S;den-
oxisting
m brro tlsv
j+ ; . aouthwest:quarter of. Section l . hi 4WI Town-4r�-
tt ahl 32: �a F_a�Q?•.
p= . South:: �,W
Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at r fOutit �' NOrth Re118f Gaal and
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore of U.B. Highway No;.l (SJL,S) subjeol to .�
been continuously published In said Indian River County, Florida, each dally and has been road -rfghIs-of way. andaeasonm119`91.1
entered as second class mall matter at the post office in Vero Beach, in said Indian River Coun- -
record. 3Sid land IyUlg and bBNQ in.� a
ly, Florida, for a period of one year next preeding the first publication of the attached copy of $ duan RWWCounty.
to
advertisement, and affiant further says that he has neither paid nor promised any person, firm �" are lllvfted
or corporation any discount, rebate, Commission or refund lot the purpose of securing this incl parts I",1C Pum hearing. Anyone
advertisement for publication in the laid newspaper. who may �to appeal ury decision which may
be made at this meeting wig need to anwre that
�Q a verbatim record of the proceedings Is made,
Sworn to and subscribed before me this da of g �Z.-- which Includes teaNmony and evidence upon
which the appeal Is based.'
1 INDIAN RIVERCOUNTY'`�'`
• , • BOARD OF COUNTY COMMISSIONERS
tau
sea Mans er) By s WY C. WHEELER, CHAIRMANIL '
.i
(SEAL)Vtlbg6 SIOAe Of Florida
Chief Planner Stan Boling made the following presentation:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
e 00
o ert M. Reatin , A
Community Develo me Director
FROM: Stan Boling,AAICP
Chief, Current Development
DATE: September 14, 1989
SUBJECT: MINOR AMENDMENTS TO THE HARBOR TOWN CENTER MALL
DEVELOPMENT ORDER
I '
i
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of September 26, 1989.
23
BACKGROUND AND CONDITIONS:
On March 28, 1989 (the second Board hearing on the matter), the
Board of County Commissioners adopted Resolution 89-31A which is
the development order (D.O.) approving the Harbor Town Center Mall
D:R.I. The proposed regional mall is to be located on the exist-
ing "Whisper Lakes" golf course site located at the northeast
corner of U.S. #1 and 53rd Avenue. At the time of D.O. approval,
County regulations left few options to using wheelstops in parking
spaces. Due to wheelstop requirements, the County did not include
within the approved D.O. the language recommended by the Treasure
Coast Regional Planning Council to prohibit the use of wheelstops
within the project. Thus, the existing D.O. approved by the
County conflicts with -the planning council on the wheelstop issue.
The development order review process requires that at any time
after local adoption, the development order shall be.transmitted
to the regional planning council and to the state (Department of
Community Affairs) for their final review at which time objections
can be raised. At the developer's request, County staff has not
yet transmitted the development order to the Treasure Coast
Regional Planning Council (T.C.R.P.C.) and to the Department of
-Community Affairs. The applicant desired "holding off" on trans-
mittal until County regulations could be amended to better accom-
modate the T.C.R.P.C.'s-development order condition relating to
wheelstops. County regulations were recently_ changed to allow
wheelstop waivers. The developer is now requesting. that the
County amend its adopted D.O.J. bringing it into conformance with
the T.C.R.P.C. wheelstop recommendation. Upon amendment of the
D.O., staff will transmit the D.O. to the regional planning
council and to D.C.A. to complete the D.O. adoption process.
Along with the wheelstop amendment, staff is initiating (and the
developer is in agreement with) a "zoning covenant" condition
which was inadvertently left out of the final D.O. draft signed by
the County.
ANALYSIS:
Section 1: Zoning Covenant
The first section is the addition of specific zoning covenant
language which is referenced at the end of the D.O. but which was
inadvertently left out• of the final resolution signed by the
County. The covenant is to be added to the section of conditions
that establish construction deadlines for various portions of the
proposed project. The construction deadlines, which are already
contained within the existing D.O., ensure timely good faith
construction progress. The zoning covenant will ensure that if
mall development approval is terminated, no further commercial
development can be proposed for a period of at least 9 months.
During this 9 month period, the County may reconsider the land use
designation and zoning of the site.
Section 2: Wheelstop Language Modifications
The current wheelstop language differs from the T.C.R.P.C. recom-
mended language. Rather than prohibit wheelstops, the current
language acknowledges "pros and cons" of wheelstops and simply
states that the County shall address the wheelstop issue prior to
project site plan approval. The County has now addressed the
wheelstop issue. On August 24, 1989 the Board of County Commis-
sioners adopted an ordinance amendment (Ordinance No. 89-24) that
enables the granting of wheelstop waivers by staff under certain
circumstances. Thus, County regulations can now better accommo-
date a wheelstop prohibition condition.
24 poor,'°
P ��
11
BOOK I F,°:GE 28
The proposed wheelstop language contains the exact wording of the
T.C.R.P.C. recommendation plus an additional sentence added by
County staff. The additional sentence merely states that the
developer will have to either use curbing or its equivalent or
obtain a wheelstop waiver for any given parking space. T.C.R.P.C.
staff has indicated that it would not object to the proposed
language.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve
the proposed resolution, authorizing the Chairman to sign the
resolution amending the existing Harbor Town Center mall develop-
ment order (Resolution No. 89-31A).
Chief Planner Boling informed the Board that Attorney Steve
Henderson, representing Shopco, contacted him in regard to the
paragraph which was inadvertently left out and has recommended
some word changes, with which staff has no problem. In Paragraph
5 as proposed in the backup packet, where reference is made to
what happens in the event that the Mall Development is
terminated, the term "development approval" is used three times,
and the applicant would like to change that wording and replace
it with "development.order." Also, at the end of -that paragraph,
they would like to add a sentence to state that "The County in
its discretion may waive this provision." Staff has no problem
with this.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon closed the public hearing.
Commissioner Eggert asked if this finalizes the Development
Order, and Planner Boling confirmed that it does, and we now will
transmit it to the Treasure Coast Regional Planning Council.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously (3-0) adopted
Resolution 89-128 amending the Development Order
approved for the Harbor Town Center Mall DRI, with
the wording as amended above.
25
RESOLUTION NO. 89- 128
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER APPROVED
BY THE BOARD OF. COUNTY COMMISSIONERS FOR THE HARBOR TOWN
CENTER MALL DEVELOPMENT OF REGIONAL IMPACT.
WHEREAS, pursuant to the provisions of Chapter 380 Florida Stat-
utes, the Board of County Commissioners of Indian River County has
adopted Resolution No. 89-31A establishing the Development Order
approving the Harbor Town Center Mall Development of Regional
Impact, and
WHEREAS, at the applicant's request, the County has withheld
transmitting the adopted Development Order to the Treasure Coast
Regional Planning Council and to the State Department of Community
Affairs until minor amendments can be made to the Development
Order as found in Indian River County Resolution No. 89-31A, and
WHEREAS, the developer has formally applied for and agreed to
certain language changes within the Development Order relating to
the establishment of a "zoning covenant" and modifications relat-
ing to parking space wheelstops,
NOW, THEREFORE, BE -IT RESOLVED BY THE BOARD OF COUNTY COMMISSION-
ERS OF INDIAN RIVER COUNTY, FLORIDA that the adopted Development
Order (Resolution No. 89-31A) approving the Harbor Town Center be
hereby amended as follows:
SECTION 1:
Paragraph 5. shall be added to the end of section 2.c. of the
Development Order (pp. 3-6) and shall read as follows:
"5. The developer hereby covenants with the -County that, in the
event that the Mall Development Order is terminated, no laps
to develop commercial uses on the Mall site shal-1 be
submitted or approved for a period of at least nine 9
months after Development Order termination. The purpose of
this covenant is to give the County the ability y to
reconsider the land use designation and zoning of the site in
the event that Mall Development Order is terminated. The
County in its discretion may waive this prow cion.
SECTION 2:
Section 13 of the Development Order (p. 11) shall be amended to
read as follows:
"13. To reduce the possibility of clogging any exfiltration
trenches and to improve water quality, the following best
management practices shall be followed:
a. All curbed areas within the boundaries of the develop-
ment shall be swept daily. All other parking and road
surfaces shall be swept as necessary, but in no case
less frequently than once per week. Sweeping shall be
accomplished by vacuum type or vacuum regenerative type
sweepers. Sweepers shall be equipped with speed gover-
nors which will limit operating speed to no more than
five miles per hour.
b. x1K%011 4d1Ai(f Parking stops or bumps ///v/Y:VgV1AYeWW1k,6
which $100 may collect and concentrate
contaminants, or which vioiy would interfere with effi-
cient sweeping of the parking area, shall¢/,�9,dk����fl
not be used on
the proiect. The developer shall either use curbing or
its equivalent or obtain wheelstop waivers pursuant to
County development regulations."
26
EP Q9 6 188
_I
BOOK Q V I r1Jl. 30
Y�
The foregoing resolution was offered by Commissioner Eggert
and the motion was seconded by Commissioner Bowman'
and, upon being put to a vote, the vote was as
follows:
Chairman Gary C. Wheeler Aye
Vice -Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Absent
Commissioner Don C. Scurlock, Jr. Absent
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 26th day of September , 1989.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Gary 97 Wheeler
Chat an
CODIFICATION: Words intype are deletions. Words
underlined are additions.
ACQUISITION OF SEA OAKS UTILITIES, INC.
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 PRESS416URNAL
�a fit:4r. '. i '' Published Daily
c •-,. ' Vero Beach. Indian River
;'„�.. County, Florida
UNTY 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-Joumal, a daily newspaper published
7, at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
f+
I .. PIJ C NOTI +I
dh, Tuesday Septetiq�ler 28 19t19A
Bte 86ard of Court Comm�aslOrrers.ot Indian:
ttyy
In;the County'
i + '
RiverCounly,: Florida,' winIriest
Adminlatratfon Builng at 1840 25th Street, Vero:,
In the mailer of
Beach, FL,; to con or acqulaldon� of a sewer..
treatment and cotleetion; system owned by"M
OAKS' UTILITIES; INC.:, Including certain real
t'
property and equ*enV'fbr`'a':total' prI” Of
hearing. infor='.
:1y.., '�:••, '
$1.5-98,1131.40. Prior to this publld
mation about the proposed acquisition will be
In the Court, was pub•
available for' public' inspection' from Harry E.
Asher, Assistant Dbector.of the Department's
t.._....
fished -in said newspaper In the issues of
,. 9 � ��
utfllty Services. -Thai oublto'Is invited-tp attend '
the public hearing,' at which time I t„o will
r7
1
make a presentation pursuant to -1263401, Floc-,.
-the
Ida Statutes, regarding advisablltty of this
purchase. It Is contemplated that a surcharge of
:;573.00
' Affiant lurcher says that the said Vero Beach Press -Journal Is a newspaper published at
per month.:: per.custOme .pn the. ap '--
proved County rete on the customers Of the Sea
_
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
y Oaks Utilities, ItIC; will -be used. to fund this puw
been continuous) y y
y published In said Indian River County, each dell and has been
��• ,:a.,..»+ �. '•_ r. �1*;.:r.. :,.: L .
entered as second class mail matter at the post off ice in Vero Beach, In said Indian River Coun•
Anyone who may wish to appeal any decision
' ty, Florida, fora period of one year next preceding the first publication of the attached copy of
which may be made abthis meeting wl9 need to
'
advertisement; and afllant 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
ensure that a verbatim -record of the proceed-
Ings is made, which Includes testimony and evI-
advertisement for publication in the paid newspaper.
(,•
+
dance upon which the appeal Is based. -•• --•
September 9,1 91119 -rt -
. nr-Sworn
Swornto and subscribed before me this day o 19
(Business ane e
'r;,wriyL f�Cj►.�y `11�Cvr`
! �F�V 1'I. ��vJ 1
(SEAL)
I 'IT,
27
Utilities Director Pinto made the following presentation:
DATE: SEPTEMBER 18, 1989
TO: JAMES E. CHANDLER i
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY' ICES
I
FROM: HARRY E. ASHER
'- ASSISTANT DIRECT6eF4LITY SERVICES
SUBJECT: ACQUISITION OF SEA OAKS UTILITIES, INC.
BACKGROUND
The Sea Oaks Utilities, Inc., currently serves approximately three
hundred and eighty-five customers with an additional 1,043 reserved
connections. The connected customers are as -follows:
Sea Oaks Development: 313 connections
Moon River Development: 72 connections
Total 385 connections
The Wastewater Treatment Plant is a 500,000 GPD extended aeration
plant, permitted for 210,000 GPD. The mechanical equipment is sized
:for 500,000 GPD., ;To permit the plant fro its present 210,000 GPD
capacity to 500,000 -GPD requires the installation of additional
storage capacity and a third transfer pump.
The Utility wishes to sell the system and, as a result, the County
,has been negotiating its purchase. The negotiated price at this
time is $1,596,831.40.
ANALYSIS
The County's policy has been to acquire such privately held
utilities and to expand its regional and subregional water and
wastewater facilities. Acquisition of this system will assist the
County in implementing this policy.
Acquisition costs are to.be financed through the Impact Fee Fund and
repaid through a surcharge of $13.00 per customer per month. Based
upon an average usage of 3,000 gallons per month per customer paying
current Indian River County rates, plus the estimated surcharge of
$13.00 per customer per month, the customer would realize an
estimated increase of $5.51 per month.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the proposed purchase
agreement based upon the outcome of the Public Hearing.
Director Pinto noted Sea Oaks Utilities, Inc., consists of a
wastewater treatment plant that services the Sea Oaks development
and presently the neighboring Moon River development. The basic
plant was designed for 500,000 gpd; however, it is now permitted
28
'iEP2 6 130 9
F'' Jr 1�
EP 2 6 189
BOOK
Fis J[
at 210,000 gpd.
There will be some additional expenses
incurred
when we increase it to 500,000 gpd. We have met all the require-
ments of State Statutes, have reviewed all the income statements,
etc., and have made a determination that it is in the best
interests of the county to take over this utility. It will be
purchased for a cost of $1,596,831.40 that will be funded by a
surcharge of $13.00 per month per customer that will be placed on
the customers within that franchise district. We initially are
going to fund that out of cash we have in the impact fees. We
will then seek public or private funding through some sort of
bond issue that will -be supported by the $13 impact fee.
Director Pinto felt it is the only wastewater treatment plant
that will exist on the North Beach and will end up to be the'
County's subregional facility to service the Beach. Immediately
on taking this over, we intend to place any other facility on the
Beach on notice that the County owns this utility and that it
. will be their responsibility to abandon treatment. Bayside
Utility next door will be going out of bus11ness.
Director Pinto informed the Board that all the effluent from
this treatment plant will be reused as irrigation, and we have an
agreement with Sea Oaks development that requires us to deliver
and requires them to take effluent. There is a rate differential
from the county rates compared to the Sea Oaks rates. The base
County rate will mean a reduction. If you look at 3,000 gallons,
our charge is $7.49 Fess, but when you add the $13.00 surcharge,
there will be an increase in rate for that 3,000 gallons of $5.51
a month. The backup material sets out further comparisons for
other GPM usage.
Commissioner Eggert wished to know if the $13 surcharge
covers the cost of the increase when you go from 3,000 GPM to
5,000 GPM, and Director Pinto explained that the $13.00 surcharge
is only there to pay the debt. The operating costs will be
covered under the normal County rate structure, and the cost of
29
expansion will be funded by future impact fees assessed on those
the expansion is going to take place for.
Commissioner Bowman inquired if the necessity of doing about
$30,000 worth of repairs has been factored in.
Director Pinto confirmed that it has. He stressed that
staff feels this is an important step forward for Indian River
County because now the County will be the sole supplier of
utilities on the North Beach, both water and sewer, and this is
important for proper development. Director Pinto recommended
that the Board approve the proposed purchase agreement. He noted
that the closing is scheduled for this Friday. The County then
will take over operation, and at that point, we feel there will
be no other utilities constructed on the Beach area.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, Comm-issioners Bird and Scurlock
being absent, the Board by a 3 to 0 vote, approved
the proposed Purchase Agreement with Sea Oaks
Utilities, Inc., and authorized the signature of
the Chairman.
County Attorney Vitunac informed the Board that a "hold
harmless" paragraph will be added indemnifying the County against
any claims relating to refundable advances.
Representative from Sea Oaks indicated they had no problem
with such an addition.
SAID AGREEMENT WITH ATTACHMENTS IS ON FILE IN THE OFFICE OF CLERK
TO THE BOARD.
i� P 1 30 ROOK
,L`OOK 8 PnE 3- 4
STATUS REPORT ON REDESIGN OF NORTH COUNTY COMMUNITY LIBRARY
Lynn Williams, Building and Grounds Superintendent, informed
the Board that, as directed after receiving bids that did not
meet budget, staff went back to the architect for redesign to
lower the bid cost. They met with the architect some weeks ago,
and he provided a schedule for the redesign to get us back out to
bid by about November 1st. Last week staff met with Mr. Starmer,
the new project architect for Stottler, Stagg, and he provided us
with drawings with the changes he proposes to -reduce the cost.
He also gave us a new design development budget which staff feels
is a little more realistic.
Superintendent Williams informed the Board that there has
been no reduction in square footage and essentially no interior
changes. The major changes have been in the roof structure and
in some of the material selection relating to the roof and walls.
A lot of the upper clear story has been removed, and the sloped
r glazing has been removed on all four sides. We also are going
from a standing seam metal roof to an asphalt dimensional type
shingle. The structure of the roof itself is now wood Aruss
instead of structural steel, and the exterior walls will be
masonry as opposed to structural studding with stucco. This
should reduce the painting expense and overall exterior
maintenance. The interior ceiling heights will come down, but we
still will be able to maintain some higher areas; the front foyer
will remain vaulted. There is also a reduction in the A/C and a
simplification of the air distribution system. The carpet will
probably go from carpet tiles to broadloom goods.
Superintendent Williams advised that there is one twist we
are a little unsure of at this time. We met with St. John's
about the storm water permit, and it seems that the site plan as
designed and submitted doesn't allow for on-site water retention;
so, we will have to do some site plan modifications to store the
first 1/2" of rainfall on site.
31
r
Question arose as to whether there isn't a pond on this
site, and Mr. Williams explained that the District's position is
that we are modifying an existing system and increasing
pollutants from the runoff on the parking lot; so, we need to
provide our own water quality and retention on site and not
discharge directly into the ponds. Mr. Williams advised that he
"has calls in to Stottler, Stagg regarding how long it will take
to make these modifications. The plus is that it may reduce the
amount of structure for inlets and piping under the parking lot;
so, it may actually be a wash as far as cost goes.
Commissioner Bowman felt that possibly going to pervious
paving would be cheaper than going to grassy swale.
Mr. Williams noted that Engineer Darrell McQueen went with
him to St. John's as he is the engineer for .Sebastian Lakes. Mr.
McQueen said the percolation in that area is not all that good;
he did not feel the changes St. John's were asking for would be a
major impact and he offered to comment on what was needed. Mr.
Williams continued that he has been told we can have construction
drawings by the week of October 23rd. He further noted that he
did ask Mr. Bibo several times during the last year how we were
coming along on this permit, and we were assured everything was
fine.
Administrator Chandler wished to stress that this redesign
is being done at no cost to the county. There has been a change
in the architect assigned to our project, and since he has begun
working with us, we have had more cooperation. He seems to be
more realistic in his design, and is giving us better timely
response.
Commissioner Eggert emphasized the need for haste.
BID #89-92 - UTILITY SUPPLIES 8 MATERIAL
General Services Director "Sonny" Dean reviewed the
following:
32
2 989 BooK
DATE: September 15, 1989
THRU: James E. Chandler, County Admin.1strator
H.T. "Sonny" Dean, Director
Department of General SeYvi
0
FR X: Dominick L. Kassrola, CFO Manager
Division of Purchasing
SUBJ: IRC BID#89-92/UTI= S-uYPLIESS & MATERIAL
1. BACKGROUND:
BOOK .I8 Fa F 36
The -Subject Bid for Utility Supplies & Material was properly
advertised and (12) invitations to bid were sent out. on
July 31, 1989 Twelve Bids were received. Four (4) vendors
submitted proposals for the camaodity.
2. ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. These were the lowest bidders to meet all
requirements. ,
Award of Group I brass to Davis Meter and Supply
Award of Group II pipe to Davis Meter and Supply -
Award of Group III pipe fittings to Davis Meter and Supply
Award of Group IV meter Nos -2 and 3 to Sun State
Meter and Supply
Award of Group IV meter Nos 4 and 5 to Davis Meter
and Supply
Award of Group V chlorine to PB & S Chemical.
3. FUNDING:
Monies for this project will come from Utilities Budget Account.
4 ON:
Staff recommends the Award of a Open End Contract. The initial
Contract period shall start with the date of The Award and shall
terminate one (1) year frau that date and to authorize the
-` Purchasing Manager to nenew the contract for an additional one
' year subject to satisfactory performance, vendor acceptance and
deteaninations the nenewal is in the best interest of the County.
Director Dean advised that in an effort to reduce costs, our
Purchasing Department got with the Utilities Department, esti-
mated their yearly consumption, and put out for bids on these
items. We had 3 bidders and should have had 4, but one came in a
day late so we could not accept it. Staff recommends acceptance
of the bids as set out in the memo.
33
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F1
BOARD OF COUNTY COMMISSIONERS
Date SEPT 6, 198
2840 25th Str*, Vero Buh. Florida
U960
PURCHASING DEPT.
BID TABULATION
Tu13M U7.4wo • '
4 ,,•
si n Tol.obrr: "&.loll
Submitted By Dominick L Mascoia .
K
- PURCHASING MANAGER
*
Bid No. 89-92 Date Of Opening SEPT 6, 19
Recommended Award
�IARIOA
Bid;, Title UTILITYsvpPz.=Es 6 x�^Ei:>>ri
GROUP I. GROUP I1
GROUP III
GROUP IV METERS
GROUPV
BRASS PIPE
PIPE FITTINGS'.
11 02
13
/4 CHLORINE a CYLINDERS '
1. Sun State Meter 6 Supply
153,011.23 N/B
N/B.
N/B 27.04
27 _00
52.00 190.00 N/B
11207 N.W. 14Th Ave
Gainesville FI 32606
• 5132 Trenton St.
• Tampa, F1 33619
3• Davis Metc.r s Supply
$48,656,02 $14,372.00
$154,,491.10•
N/B. 25.57.
25.57
93.28 $186.36 N/B
7300 Haverhill Road
West Palm Beach, F1 33407
4. P B t C Chemical
N/B. N/B
N/B
N/B
250 Central Fl Pkwl►
•`""-'y r" `
.
at
Orlando Fl 32824
c
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_I
BOOK 78 E''E. 3 IS
EMERGENCY ITEM - BID #90-1 (PETROLEUM PRODUCTS/BELCHER OIL)
General Services Director Dean reviewed the following:
DATE: SEPTEMBER 11, 1989
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL S RV
FROM: DOMINICK L. MASCOLA, CPO MANAGER
DIVISION OF PURCHASING
SUBJECT: PETROLEUM PRODUCTS; INDIAN RIVER COUNTY BID NUMBER 90-1
AND INDIAN RIVER COUNTY SCHOOL BOARD BID NUMBER 89-43
BACKGROUND:
The current bid for Petroleum Products (IRC Bid 89-33) with -Belcher
Oil: Company will expire on October 1, 1989. The Indian River County
School Board's current contract (IRCSB Bid 89-43) with Belcher Oil
Company.will expire on April 30, 1990.
ANALYSIS:
The two entities have negotiated with Belcher Oil to enter: into a
joint agreement whereby we will be part of the School Board's
contract until it expires, at a lower "add-on" price per gallon and
both entities will purchase diesel fuel at the present contract price
with the County which is lower than what the School Board is
presently buying (see attached sheet). Belcher has also agreed to
furnish Indian River County the O.P.I.S. (Oil Pricing Information
Sheet) at no cost which is a savings of $445.00 per year. In
addition, Belcher has agreed to "top off" our two (2) 1,000 gallon
gasoline tanks located at the landfill when delivering fuel to the
Fleet Management location, thus eliminating the separate higher
priced contract with Mac Millan Oil Company.
FUNDING:
All purchases will be made on an as needed basis by the individual
departments using funds allocated in their respective budgets.
RECOMMENDATIONS:
Staff recommends Board approval for an Open End Contract with Belcher
Oil Company, to include Indian River County with the School Board,
that will expire May 31, 1990. It is also requested that
authorization be given for Indian River County to enter into a Co -Op
bid for petroleum products with St. Lucie County School Board, Indian
River County School Board, City of Port St. Lucie, Martin County
School Board, and Martin County School Board. Since Indian'River
County purchases in the excess of 500,000 gallons of fuel a year, the
results of this "Cartel" would be a tremendous savings to the County.
35
Director Dean summarized that we got together with the
School Board and compared prices on petroleum products. We then
got with Belcher Oil Company and have struck an agreement to take
advantage of the School Board's lower price on gas and they can
take advantage of our lower price on fuel until April 30th next
year. The savings for us are basically .0075 per gallon of
gas. Director Dean did not know what the School Board will save
on fuel, but noted that we then are going to.get with St. Lucie
County and Martin County and form a co-op and bid fuel in an
effort to get the price down even lower.
Commissioner Bowman asked if this is legal, and Attorney
Vitunac advised that there is nothing illegal about county
governments getting together as a purchasing block.
Administrator Chandler confirmed this is being done in many
areas of the state.
ON MOTION BY Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously (3-0) approved
an Open End Contract with Belcher Oil Company to include
Indian River County with the School Board, said contract
to expire May 31, 1990, and also authorized entering
into a co-op bid for petroleum products with the govern-
ment entities listed in staff recommendation.
36 KoO
E PQHS
..� �F e39
BOOK
BOARD OF COUNTY COMMISIONERS
1840 25TH STREET, VERO BEACH, FLORIDA 32960
September 11, 1989
Robert W. Thomas, Sales Manager
Belcher Oil Company
P.O. Box 613
Tancer Turn Road
Cape Canaveral, Florida 32920
RE: INDIAN RIVER COUNTY'S FUEL REQUIREMENTS
Dear Mr. Thomas:
In response to our meeting of September 5, 1989, regarding Indian
River County's Fuel Requirements, the following will be in effect:
1. Indian River County to purchase regular and un -regular
gasoline under Belcher's Contract with the School
District of Indian River County.
2. Pricing, as listed in the School District Contract, is as
follows:
The Orlando O.P.I.S. average plus the following Fuel
Add-ons:
Premium Gasoline $.00223 per gallon
Regular Gasoline $.00223 per gallon
Prices quoted are to be F.O.B. delivered to locations:
Indian River County, Fleet Management, 4625 41st
Street, Vero Beach, Florida,, 32960 and Indian River
County Landfill Department, 1700 74th Avenue S.W.,
Vero beach, Florida 32960.
3. Diesel Fuel will remain at the Orlando O.P.I.S. average
plus the Indian River County add-on of $.01263. All
deliveries to be transport quantities; 7,000 gallon
minimum for diesel 8,000 gallon minimum for gasoline.
Tanks: Fleet Management - 10,000 gallons Diesel
10,000 gallons Premium Unleaded
10,000 gallons Regular
Landfill - 10,000 gallons Diesel
10,000 gallons Premium Unleaded
UPON NOTIFICATION - Transport quantities for unleaded gas of
8,000 gallons for Fleet Management will be increased by 1,000
gallons for the Landfill. The Landfill 11000 gallons
unleaded tankwill be filled first and any excess will be
delivered to Fleet Management, along with their regular gas
cover 10,000 gallons amount ordered. All deliveries will be
made within 24 hours of the order and should be made during
the normal working hours of 7:00 a.m. - 3:30 p.m.,, Monday -
Friday.
5. Payment Terms: Net Thirty Days
6. Belcher will provide to Indian River County, a copy
subscription of the O.P.I.S. Publication, beginning
October 1, 1989.
Mailing Address: Purchasing Manager
Indian River County
1840 25th Street
Vero Beach, Florida 32960
37
i
M
7. Indian River County is exempt from Federal Gasoline Tax,
Diesel Road Taxes and Florida Sales Tax,
S. Indian River County will accept fuel from trucks with
sealed State approved inspection meters. Trucks that
have State of Florida Department of Agriculture and
Consumer Services sealed, calibrated and certified
compartment tank volume markers for the petroleum
products being delivered are also acceptable.
9. SACA invoice shall reference the date of each applicable
List O.P.I.S., and published O.P.I.S. average for that date.
separately on invoice, each individual tax/free and its
amount that is added to the price.
10. Belcher must submit a copy of their insurance when
returning this Agreement.
11. This Agreement will be from October 1. 1989 to June 1990.
Thank you for prompt consideration to this matter. Please sign in
the space provided below and return one copy along with your
Insurance. This will constitute your acceptance of this contract.
This Agreement will be know as Indian River County 90-1. Thank
you very much.
Very V. 1 ours,
ominick C. cola, CPO
Purchasing pager
DCM/eh
(OILCONTR.SEP)
Copy to:
H.T. "Sonny" Dean, Director of General Services
Terry Pinto, Director of Utilities
Jim Davis, Director of Public Works
BEIM OIL CO:
(s)
D. •
NOTARY PUBLIC STATE OF FLORIDA
NY COMMISSION EXP. AU6 16.1891
BONOLO TNRU GENERAL INS. UNDO
38 41
BOOK , 0 [-° A 4Z
A STUDY ON USE OF RECLAIMED WATER ON CITRUS GROVES
Environmental Specialist John Lang made the staff presenta-
tinn-
DATE: SEPTEMBER 15, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINT
i
DIRECTOR OF UTIL RVICES
SUBJECT: A STUDY ON USE OF RECLAIMED WATER ON CITRUS
GROVES
PREPARED AND STAFFED BY: JOHN FREDERICK LANG
ENVIRONMENTAL SPECIAL ST
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
The Department of Utility Services, in its Sewer Master Plan,
identified grove irrigation as a methodology of effluent disposal.
It is currently accepted practice to irrigate groves with industrial
wastewater of various types in the coastal plain counties; however,
domestic effluent to date has only been a proven practice on the
sand ridges of the interior of the state and California. The -
Department, working in conjunction with St. Johns River Water
Management District, The University Of Florida, and the Indian River
=Citrus League, have devised a study that will demonstrate the
effects of such irrigation practices from a water quality and
quantity basis on coastal citrus groves.
ANALYSIS
The University of Florida will perform the study and St. Johns River
Water Management District will fund the study at a cost of
$305,976.00 over three years. The Department of Utility Services is
expected to furnish equipment at a cost of $76,500.00. The
irrigation system portion of the equipment will cost $35,000, with
the rest being utilized for testing instruments and a personal
computer to record and transfer data. The study will confirm the
benefits of effluent reuse on citrus groves and encourage the local
grove owners to make long term commitments for effluent uptake.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners execute the interlocal agreement between St.
Johns River Water Management District, Indian River County and -the
University of Florida. In addition, the Department recommends that
the Board authorize the spending of not more than $80,000.00 for
equipment for this project to be funded from the Account
No. 471-000-166-002.00.
Mr. Lang explained that the interlocal agreement is to
institute a study for wastewater reuse on the coastal plain.
There have been studies on the sand ridge in the Orlando area,
but in order to allay the fears of the Citrus League and various
39
growers, it was felt it was best to prove beyond any shadow of a
doubt that reuse of effluent would be beneficial on the coastal
plain. Since the County owns the grove and needs an irrigation
system, we are going to kill two birds with one stone.
Mr. Lang continued that the County's liability will be
$76,000 for equipment; St. John's will be supplying over $300,000
over 3 years; and the University of Florida will be supplying the
manpower as well as the report writing.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously (3-0) author-
ized the Chairman to execute the interlocal agreement
with St. John's River Water Management District and
the University of Florida, and authorized spending of
not more than $80,000 for equipment for this project,
as recommended by staff.
SIGNED AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
AGREEMENT FOR EXTENSION 6 INSTALLATION OF WATER SERVICE (MIXELL)
The Board reviewed memo from Capital Projects Engineer
William McCain:
40 6 .�
2 G- 'J.989 Bou
SEP 2 6 689
Frii�C
41
DATE: SEPTEMBER 13, 1989
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO �� f�
DIRECTOR OF UTILITY SEP, ICES
SUBJECT: AN AGREEMENT BETWEEN INDIAN RIVER COUNTY,
FLORIDA AND LLONALD MIXELL FOR EXTENSION
AND INSTALLATION
PREPARED AND STAFFED BY: WILLIAM F. McCAIN
CAPITAL PROJECTS E ER
DEPARTMENT OF UTIL Y SERVICES
BACKGROUNDAND ANALYSIS
The owner, Llonald Mixell, has two houses on 33rd Street east of our
new water line on Kings Highway and wishes to connect to our Kings
Highway water line until such time as water service is available on
33rd Street. He has agreed that when water service becomes
available on 33rd Street, he will disconnect from the Kings Highway
water line within thirty (30) days and connect to the new line on
33rd Street at his own expense (please see the attached agreement
for details).
RECOMMENDATION.
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached agreement.
ON MOTION by Commissioner Bowman, SECONDED by Com-
missioner Eggert, the Board unanimously (3-0) approved
Agreement with Llonald Mixell for extension and in-
stallation of water services.
41
� � r
i
� � r
Aq AGREEMENT BETWEEN
INDIAN RIVER COUNTY. FLORIDA
and
LLONALD MIXEL�I
4440 62ND COURT
VERO BEACH, FL 32967
FOR EXTENSION AND INSTALLATION OF WATER'SERVICES
THIS AGREEMENT made this 26th day of September , 1989, by and
between INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, 1840 25th Street, Vero Beach, FL 32960, (County), and
Llonald'Mixell, (Owner)
W I T N E S S E T H:
WHEREAS, the Owner desires to have water service made available
to certain property located in Indian River County, Florida,
described in Exhibit "A" and attached hereto and hereby made a part
hereof; and
WHEREAS, the County has required the Owner at the time of
installation of a water main on 33rd Street to connect to that water
main;
NOW THEREFORE, for and in consideration of the premises and
other good and valuable consideration, the County and the Owner
agree as follows: .
1. The owner will pay impact fees in the amount of $1,140.00
per residence for water.
2, The Owner will pay a tapping fee in the amount of
$186.50 per residence, an inspection fee in the amount of
$20.00 per residence, a security deposit in the •amount of
$40.00 per residence, and a 3/4" meter/backflow preventer
cost in the amount of $115.00 per residence.
3. The. Owner shall be able to connect to a! service on
Kings Highway until service is available on 33rd Street:
4. The owner will disconnect from the Kings Highway
water line within thirty (30) days of service being available on
33rd Street. •
5. The Owner will pay special assessment upon connection
to the water main proposed for 33rd Street or make arrangements for
financing within ninety (90) days of connection, which can include
utilizing the Department of Utility Services financing plan
available at that time.
IN WITNESS WHEREOF, the County and the Owner have caused these
presents to be executed in their name the day and year first above
written.
Title: 9940MA"?-
i
I
I
INDIAN RIVER COUNTY, FLORIDA
e t Leal) BY [�/�u�•
ie r Gary C. ee er
Cha=rm
42 ROCK 78 F'A'u 45
SEP 2 6 1989
mX �.
UP 2 6
ADMINISTRATOR CHANDLER'S CONTRACT & PAY INCREASE
Chairman Wheeler reviewed the following:
MEMORANDUM
TO: Board of County Commissioners
FROM: Commission Chairman Gary C. WWh'eeler
DATE: September 22, 1989
SUBJECT: James E. Chandler
EooK .78f''U, 46
Concerning Mr. Chandler's contract and my conversation with
him recently, Mr. Chandler indicated he would be very agreeable
to a pay raise of five percent (5%) as of October 1, 1989,
the same as the rest of the county employees.
Chairman Wheeler expressed his pleasure that Administrator
Chandler himself made the recommendation that he stay in line
with the other employees, and noted that we certainly thank him
for it.
Commissioners Bowman and Eggert echoed their appreciation
and commended the Administrator for the job he has done since he
came to the County.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously (3-0) approved a
5% raise for Administrator -Chandler as of October 1,
1989.
SUBSTANCE ABUSE FUNDS
Commissioner Eggert reviewed the following:
43
RUG ABUSE AND MENTAL HEALTH
P COUNCIL
1 s�V v e
e , Florida 33401
September 19, 1989
Commissioner'Gary Wheeler
Chairman, Indian River Board
of County•Commissioners
Attorney
Personnel
Public Works
Community Dev.
Utilities _—
Finance
Other
` 1840 25 Street
Vero Beach,'Florida 32960 yr,�
1 k ~+ {?
AV r4� .s'±a . ^hi of r. t.:`'�q'''x, t ;, •ro• 'i • - rl}°S
_Commissioner Wheeler
L The Department of Health and Rehabilitative Services (HRS)
recently informed. the '8B Alcohol, Drug Abuse and Mental Health
. Council . that there are $283, 000 available for Substance w "
+� Services for Pregnant Women in the four county area.
'tit .rte �W l .y - t: t ,t �� -„pts i• Sri�r=r r .. .,. 'r fit i}•,
iii&,7i.,ev�, i rJ ..,.'� Y4, .r..'t � er.!�_ r � f �.'.t , ,:i'u. Y4� B: '31` rhi"a �%A:; ..:_- ...• ... 1.' _ ,c�y��a }S �.
y; �yThis new •funding requests 25 if' match from our 4 county areatYr`'
'population percentages melds. the ;following local • match.•,:
�tYr,, 9�, .•3�1
requirement by county � : t �, �� .
$p�•
�tn`o- Z r fa,n f• lrN 'r�, r:�'r k
Funds $283,000 Match ,~ $84,333 rrr�,,";•
?.- '�, 5+.,_.'!.'tti',n. avt K;••L..y7aii%.rpISryLH`.' �r;,titr5:! J4 �`•Y i`�i:�D
,,• rt �� _,• x $94,333 i N > lxdse �4�4�•C 9 A r5*t ri{j S i i r.•, f } { r r
Pop,latian7z gha.re of local n,af rh
yrs ,�,i�r ��d,.2` •A9'
'.f� '1° t„ • i X07 gfl ;- 526� 26�ndian River $24
b
.$25,470
!St. Lucie t s ,�; ;fil39X $$6,790 t k:
ti ft., JR,
17 547
w1y. _hyrst r
a+t4c i
. y, `f4ew• r,.
.. c".FA uS.. �x r3 1OOr0 r .. F;
t Totals 41?` _ 'tK
V
` -'.. ` �dTj' t k p't . w}.." E'•- ,_ ds,.:.. i - V .w..• .. .::. - ` ' � e .' - ::" t P+..ft ::
Because we must tie down- these funds by October 11 1989 , please
Put this'item,on-your County Commission Agenda as an emergency 1arr`
itemand `please notify us by September 30, 1989 as to whether o_r�
.1, _7 t you are willing to match these substance abuse services.
-.If you have any questions, please call me at :wro- 8000 extension
...Thank you for .your help in this matter.
y Sincerely,
Carolyn R. Eggert
Chairman
9B Alcohol, Drug Abuse &
Mental Health Planning Council
Indian River County Commissioner
Commissioner Eggert noted that this is money that just
popped up out of nowhere from the state if the four counties will
agree to each match their share of $94,333. Our 26% share would
be $24,526. This includes beds, a half -way house, and follow up
treatment. If the counties express interest in matching these
funds, then a provider will be chosen to do the program.
44"7
'IEP 2 6 1969
Chairman Wheeler wished to know where the program would be
located, and Commissioner Eggert advised that it will be within
the District, and her guess is that it most probably will be in
St. Lucie County. One of the providers the Council is looking at
is our own Indian River Community Mental Health Center and the
other group is the Alpha Health Group that is looking to lease
the Sloan property. Commissioner Eggert informed the Board that
the counties, in conjunction with Indian River Mental Health,
have decided not to buy the Sloan property because there are too
many problems involved with that on a four county basis. She
further pointed out that this money coming in would take care of
part of our pregnant women problem and thereby free up more funds
for substance abuse.
Commissioner Bowman asked if this program has both residen-
tial and day care and if we will be guaranteed a certain number
of beds, and Commissioner Eggert clarified that it is a trail
from -residential to half -way house to out-patient follow up, and
we would be guaranteed a proportionate share of the beds.
In further discussion, it'was noted that the matching funds
would have to come from General Fund Contingency, and OMB
Director Baird advised that it would be in the 89/90 fiscal year.
MOTION was made by Commissioner Eggert, SECONDED by
Commissioner Bowman, to approve the expenditure of
$24,526 from General Fund Contingency to provide
matching funds for Substance Abuse Services for
Pregnant Women.
Chairman Wheeler asked if there is anything to show how
successful this program has been in other areas and give us an
idea of what kind of value we will receive back from our funds.
Commissioner Eggert believed the most successful program has
been with the three steps that include the half -way house and
follow up, but she could not present figures on it.
45
Chairman Wheeler stressed that he just hates to keep dipping
constantly into the Contingency Fund.
Commissioner Eggert agreed that she did also, but noted that
we don't often have an opportunity to get Substance Abuse Funds.
Commissioner Bowman felt that $24,000 actually is "peanuts,"
especially when you consider that the babies that are born to
'these addicted mothers will cost us a lot more in the long run.
Commissioner Eggert reported that this program starts at age
18'. The big emphasis in the 'state this year is addicted Aids
babies, and then addicted babies, and now they are trying to get
to the mothers to do something before the babies are born.
Chairman Wheeler felt that until we make people start being
accountable and responsible through our courts or some system, we
are just throwing money at these programs year after year, and
the problems are getting worse; it isn't working.
Commissioner Bowman felt that you can say the same thing
about'the Jail.
Commissioner Eggert did feel that this is a different type
project. It tries to help the pregnant woman, plus, with the
follow up care, get her back out into society as a responsible
person. It also can give a baby who doesn't have a chance in a
million some chance. This is among our first attempts to try to
get further back in prenatal care.
Chairman Wheeler commented that since this will be the first
program of this type in our District, he will reluctantly support
it and then look at it after this year to see the results we get.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (3-0)
46
a00K F,1GE4 D
ISE DU 1
�SU ,2 BOOK.78 F",u 50
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 567-6000
September 26, 1989
Ms. Linda Giesler
Health and Rehabilitative Services
Alcohol, Drug Abuse, and Mental Health
111 Georgia Avenue
West Palm Beach, Florida 33401
Dear Ms. Giesler:
Suncom Telephone: 2241011
At the Board of County Commission meeting this date, the request
for Indian River County to provide $24,526 for the Alcohol and
Drug' Abusing Pregnant Women Project was approved with the
assumption that Indian River County would get 26% of the beds.
We look forward to the success of this project and to receiving
figures on how many people were served, and with what success, at
the end of the fiscal year.
Sincerely,
GarC. Wheeler
Chairman
SOUTH COUNTY FIRE
The Chairman announced that immediately upon adjournment,
the Board will reconvene acting as the District Board of Fire
Commissioners of the South Indian River County Fire District.
Those Minutes are being prepared separately.
47
There being no further business, upon Motion duly made,
seconded and carried, the Board adjourned at 9:50 o'clock A.M.
ATTEST:
WAN
ma.;
..��-
�_
A
SEP 2 6 1989
Chairman
48
��I7' Fr E