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HomeMy WebLinkAbout11/7/1989- BOARD ACTION & 1MPLEMENT'ATION BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING NOVEMBER 7, 1989 9:00 A.M. - COUNTY COMMISSION CHAMBER ADMINISTRATION BUILDING 1840 25th STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Gary C. Wheeler, Chairman Carolyn K. Eggert, Vice Chairman Richard N. Bird Margaret C. Bowman Don C. Scurlock, Jr. James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9:00 AM 1. CALL TO ORDER 2. INVOCATION Reverend Chet Tokar Christian Church, Sebastian 3. PLEDGE OF ALLEGIANCE - Chairman Gary C. Wheeler 3-A. Presentation of Retirement Plaque to Hubert Byrd 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS a.5.X - Proclamation - Scouting Food Week b.8.B (2) Status Report Construction Mgr. • c.9,G (4) R/W Ac uis.I.R.BIvd.IV d.11.D 4(1) Ad Hoc Comm. - Boating Safety- e.11.D (2) - Res.#89-141 Re Title to Islands Sebastian River 5. Approved. Approved . Approved. NOV 7 1989 CONSENT AGENDA A. Approval of Minutes of Regular Meeting of 9/26/89 B. Approval of Minutes of Regular Meeting of 10/3/89 C. Approval of Appointments of Deputy Sheriff's by Sheriff Dobeck: Kelly A. Spiers Nancy D. McNally William P. Walsh James W. Sheldon Judy L. Price Donald R. Hart Dylan J. Hughes John Jay Burdock, Jr. D. Received and Placed on File in the Office of Clerk to the Board: Traffic Violation Trust Fund, Month 1989 - $47,203.63 (Memorandum dated Bureau, Special of September, 10/17/89) BOOK. Pr- NOV td Approved. Approved. Approved. Approved Approved. Approved. 9S9 Approved. Approved. Approved. BOOK 5. CONSENT AGENDA - CONTINUED E. Received and Placed on File in the Office of Clerk to the Board: '''.1:771) %0 PAGE iC i a, 1) Memorandum of Interlocal Agreement Between Orange County Health Facilities Authority, etc., and IRC Hospital District 2) Vero Beach Ordinance No. 89-72 - Annexing Property into the City Limits of Vero Beach, Florida 3) Report of Convictions, Month of September, 1989 F. Received Annual Reports for FY -1988-89 from: 1) David C. Nolte, Property Appraiser 2) Jeffrey K. Barton, Clerk of Circuit Court 3) Gene E. Morris', Tax Collector 4) R. T. Dobeck, Sheriff G. Approval and Transmittal of Annual OEDP Report to Economic Development Administration >.,:.(Memorandum dated 10/24/89) H. Final Plat Approval for Sea Oak's River Homes III -B Subdivision (Memorandum dated 10/25/89) I. Approval of Out -of -State Travel for Commissioner Wheeler to attend Justice & Public Safety Steering COmmittee's Annual Retreat, Corpus Christi, Texas Jan. 18-20, 1990 J. Approval of Out -of -County Travel for Commissioner Wheeler to attend Criminal Justice Policy Committee Meeting, Nov. 9, 1989, Longboat Key Chairman did not K. Retroactive Approval of Out -of -County attend - does not need Travel for Commissioner Wheeler to attend to be approved. Urban Sprawl and Local Government Comprehensive Planning Meeting, Orlando, November 6 Approved. Approved. Res. 89-140 Approved. L. Received Report of Occupational License Taxes Collected During Month of September (Memorandum dated 10/30/89) M. Budget Amendment 007, Fire Prevention Program (Memorandum dated 10/27/89) N. Resolution Directing County Depositories to Honor Certain Authorized Signatures on County Warrants and Other Orders for Payment (Memorandum dated 10/27/89) 0. IRC Bid 89-88, North County Subregional Sewer System (Memorandum dated 10/30/89) 5. CONSENT AGENDA - CONTINUED P. IRC Bid 89-89, North County Sewer Collection Pump Station and Force Main (Memorandum dated 10/31/89) Approved with condi- tion that U.S. pipe will do holiday test- ing at factory. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Approved. Q. USDA, Soil Conservation Service and Indian River County Working Agreement (Memorandum dated 10/30/89) R. Change in Type of Vehicle (Memorandum dated 10/23/89) S. IRC Bid 89-100, Sludge Removal (Memorandum dated 10/30/89) T. IRC Bid 89-98, Mix Concrete (Memorandum dated 10/30/89) U. IRC Bid 89-96, Install & Supply Sod (Memorandum dated 10/30/89) V. Release County Utility Liens (Memorandum dated 10/25/89) W. Release of County Assessment Liens (Memorandum dated 10/20/89 Proclamation -Scouting Food eek 6. CLERK TO THE BOARD 9:05 AM 7. A. Agreed to 4 radios, monitor on 2nd floor, lockers and a metal detector not to exceed $10,000. Approved. Fla. Fed. build- ing not to exceed ,$45,000. Authorized staff to do add'I. work on space allocation. B. Deferred. Cancelled: Approved. Denied. none PUBLIC DISCUSSION ITEMS 1) Indian River County Courthouse Security (Memorandum dated 10/31/89) Leased Space, Jury Assembly and ClientjAttorney Mediation Room (Memorandum dated 10/23/89) PUBLIC HEARINGS 1) Public Gas' Request to Abandon a Portion of 4th Place (Postponed from 10/3/89 Meeting) 2) Special Assessment, Potable Water Improvements to Floral Park and Ranch Estates Sub- divisions 3) IRC Utilities Department Request for Site Plan and Special Exception Approval for a Regional Wastewater Treatment Plant. (Memorandum dated 10/3/89) 8. COUNTY ADMINISTRATOR'S MATTERS .Affordable Housing Request (Memorandum dated 10/30/89) The position has 8 been advertised 9. & will have the person on board by the middle of Dec. & will bring this back to Board. NOV `f' 1989 A status report on construction mgr PARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT none ._q 800f. f rj.1f. �i NOV 7 1999 9. Approved. Approved Alt. #1 Approved. DEPARTMENTAL MATTERS - CONTINUED B. EMERGENCY MANAGEMENT Approval of EMS Matching Grant Agreement (Memorandum dated 11/1/89) C. GENERAL SERVICES none D. LEISURE SERVICES none E. OFFICE OF MANAGEMENT AND BUDGET none F. PERSONNEL none G. PUBLIC WORKS 1) Miscellaneous Intersection Phase III Additional Services - 41st Street (South Gifford Road at 43rd• Avenue) - (Memorandum dated 10/31/894. ; 2) Right-of-way Acquisition along 43rd Avenue & 13th Street SW, The Grove Subdivision, Norman Hensick, Jr. (Memorandum dated 10/25/89) 3) Exchange of Right-of-way Deeds between US1 & Old Dixie Hwy (Barnes) UTILITIES 1) Agreement, IRC & Elmer H. Dunkman Temporary Water Service (Memorandum dated 10/18/89) 2) Developer's Agreement, Copeland's Landing (Memorandum dated 8/9/89) 3) Water Service Agreements and the Associated Construction of Necessitated Water Lines (Memorandum dated 10/20/89) Approved - auth. to hold deeds in escrow to make sure e is no electrical lines. See below Approved. Approved. Approved. Approved as recommended. H. b� eco i� BOOK .78 Fa.GE.4., 10. COUNTY ATTORNEY Deferred action. Attorney to write for more details. A. B. Collateral Assignment of Lease Between IRC and Media VI (Memorandum dated 10/30/89) Special Legal Defense Fund Assessment Florida Association of Counties (Memorandum dated 10/20/89) • Approved with addition 19. G. 4)) Purchasing auth. r -o -w I.R. Blyd. IV: of Luther Crone, $18,000. 4 • 11. Approved Comm. Eggert. Comm. Bowman, Bird & Wheeler alternates. Committee to be com- posed as outlined in memo & it will sunset after completion of regulations. #2 - See below COMMISSIONERS ITEMS A. CHAIRMAN GARY C. WHEELER Annual Appointment of Council Members, TCRPC (Letter dated 10/25/89) B. VICE CHAIRMAN CAROLYN K. EGGERT C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER MARGARET C. BOWMAN Improve boating & skiing safety & protection of manatees - appoint an ad hoc comm.- memo from E. COMMISSIONER DON C. SCURLOCK, JR. M. Bowman 12. SPECIAL DISTRICTS Res. 89-141 adopted Res. defending case filed by Standish Crippin Jr. seeking quiet` title toislands lying in channel of Seb. River and to protect the public interest in said islands. 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 TEE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. NOV 7 1989 �0&r f,aii 2 I Tuesday, November 7, 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, November 7, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Richard N. Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Absent was Vice Chairman Carolyn.K. Eggert, who was out of state on vacation. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Chet Tokar, Christian Church, Sebastian, gave the invocation, and Chairman Wheeler led the Pledge of Allegiance to the Flag. PRESENTATION OF RETIREMENT PLAQUE - HUBERT BYRD Chairman Wheeler read the following statement aloud: NOV 7 1989 ROOK / 8 F:1c 276 NOV 7 1989 INDIAN RIVER COUNTY, FLORIDA HUBERT BYRD RETIREMENT BOOK .78 FA.GE 277 Hubert Byrd announced his retirement from Indian River County Board of County Commissioners effective November 9, 1989 and we wish to express our appreciations for his outstanding performance on behalf of local government. Hubert Byrd, orginally from Ann Arbor, Michigan where he was a Journeyman Carpenter, moved to the Vero Beach area in August of 1971. Hubert Byrd has been employed with Indian River County Board of County Commissioners since November 5, 1979 with the Utilities Department and then transferred to the Parks Division in July 15, 1985 as a Parks Foreman. Hubert Byrd has been a very devoted and productive employee and will be missed very much by the Parks Division. The Board of County Commissioners expresses its' deepest appreciation for the services Hubert Byrd has performed on behalf of Indian River County. The Chairman called Mr. Byrd forward, expressed the County's appreciation of his service, and presented him with a plaque. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler asked that a Proclamation re "SCOUTING FOR FOOD WEEK" be added to the Consent Agenda as Item 5.X. Commissioner Scurlock requested that an emergency item in regard to purchasing R/W for Indian River Boulevard Phase IV be added under Public Works as Item 9.G.(4). Commissioner Bowman wished to add under her matters appoint- ment of an ad hoc committee to make recommendations re boating safety and also adoption of a Resolution defending islands in the Sebastian River against ownership claim by Standish Crippen, Jr. The Chairman further advised that the Administrator wishes to add under his matters a status report on the hiring of a Construction Manager as Item 8.B. 2 Administrator Chandler advised that Public Hearing Item 7.B.(1) - Request to Abandon a Portion of 4th Place - is being deferred and has been withdrawn from this Agenda, and the public hearing scheduled for Item 7.B.(2) - Special Assessment, Water Improvements Floral Park and Ranch Estates Subdvs. - has been canceled. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, Vice Chairman Eggert being absent, the Board unanimously (4-0) added, deferred and canceled items on the Agenda as described above. CONSENT AGENDA Commissioner Scurlock asked that Item P be removed from the Consent Agenda for discussion, and Chairman Wheeler asked that Item K be removed as he did not attend the Urban Sprawl & Local Government Comprehensive Planning Meeting in Orlando. A. Approval of Minutes The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of September 26, 1989. There were none. NOV 7 1989 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved the Minutes of the Regular Meeting of 9/26/89, as written. 3 PQUK ( E',\LF 278 NOV ' 198'9 BOOK 78 PAGE 27: B. Approval of Minutes The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of October 3, 1989. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved the Minutes of the Regular Meeting of 10/3/89, as written. C. Approval of Appointments of Deputy Sheriffs by Sheriff Dobeck ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved the following appointments of Deputy Sheriffs by Sheriff Dobeck: Kelly A. Spiers Nancy D. McNally William P. Walsh James W. Sheldon Judy L. Price Donald R. Hart Dylan J. Hughes John Jay Burdock, Jr. D. Report Received and placed on file in the Office of the Clerk to the Board: Traffic Violation Bureau, Special Trust Fund, Month of September, 1989 - $47,203.63 4 E. Report Received and placed on file in the Office of the Clerk to the Board: 1) Memorandum of Interlocal Agreement Between Orange County Health Facilities Authority, etc., and IRC Hospital District. 2) Vero Beach Ordinance No. 89-72 - Annexing Property into the City Limits of Vero Beach, Florida 3) Report of Convictions, Month of September, 1989 F. Annual Reports Received Annual Reports for FY -1988-89 from: 1) David C. Nolte, Property Appraiser 2) Jeffrey K. Barton, Clerk of Circuit Court 3) Gene E. Morris, Tax Collector 4) R. T. Dobeck, Sheriff COPY OF SAID REPORTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. G. Approval and Transmittal of Annual OEDP Report to Economic Development—Taministration The Board reviewed the following memo dated 10/24/89: TO: .THRU • DATE: SUBJECT: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: .#1441- obert M. Ret' CommunityDeve opm�nrt D Pirector Sasan Rohani sy-1 • 6L . Chief, Long -Range Planning Cheri Boudreaux 313 C' Staff Planner October 24, 1989 APPROVAL AND TRANSMITTAL OF THE ANNUAL OEDP REPORT TO THE ECONOMIC DEVELOPMENT ADMINISTRATION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their tregular meeting of November 7, 1989. NOV 7 5 ,cThBOOK 7"'F,j[. ,k4U NOV 7 ,989 ',DESCRIPTION & CONDITIONS On October 24, 1989, the Overall Economic committee and the Economic Development ,discuss a draft OEDP annual report. committee and council endorsed the annual BOOK / 8 F,4.0 281 Development Plan (OEDP) Council (EDC) met to At their meeting the report as presented. The Annual OEDP Report is due to the Economic Development Administration. This report is required in order for Indian River County to maintain its "redevelopment area" status andits eligibility to apply for federal technical assistance funds. The Annual OEDP Report must include the following items and is basically a summary of the revised Economic Development Element of the county's Comprehensive Plan. A review of past year's accomplishments; Report on any significant changes in the economy and -its development potentials; and An update of the County's development strategies and course of action planned for the coming two years. This shall include any projects that may require EDA financial assistance. RECOMMENDATION Based on the OEDP Committee and the Economic Development Council's review and endorsement, staff recommends that the Board of County Commissioners approve the Annual OEDP Report and authorize staff to transmit the report to the Economic Development Administration. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved the Annual OEDP Report and authorized staff to transmit the report to the Economic Development Administration. COPY OF SAID REPORT ON FILE IN THE OFFICE OF CLERK TO THE BOARD. H. Final Plat Approval for Sea Oak's River Homes III -B Subdivision The Board reviewed the following memo dated 10/25/89: 6 TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert M. Kea ing Community Develop THROUGH: Stan Chief, Current FROM: .John W. McCoy Staff Planner, DATE: rector Boling, MCP Development r urrent Development October 25 1989 SUBJECT: FINAL PLAT APPROVAL FOR SEA OAK'S RIVER HOMES IIIB SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 7, 1989. DESCRIPTION AND CONDITIONS: River Homes IIIB Subdivision is a 38 lot subdivision of a 7.5 acre parcel located in the interior of the Sea Oaks West project. The current zoning is RM -6, (Multi -Family Residential, up to 6 units/acre) with a land use designation of LD -2, (Low Density Residential, up to 6 units/acre). The Board of County Commission- ers granted conceptual PRD approval for the overall PRD project at its February 23,:.1988 meeting of which this phase is a part. At its regular meeting of October 27, 1988, the Planning and Zoning Commission granted preliminary plat approval to this subdivision phase. This is the fourth plat of several plats covering the overa-1-1-ER area. The owner, Sea Oaks Communities, Inc.; is now requesting final plat approval and has submitted: a final platin conformance with the approved preliminary plat, and approved conceptual PRD plan. ANALYSIS: A11 required. improvements have been constructed and have been ,41t inspected and approved by Public Works and Utilities Departments. A'VAll requirements for final plat approval have been satisfied. RECOMMENDATION: ?Staff recommends that the Board of County Commissioners grant Z' final plat approval to River Homes IIIB Subdivision. NOV 71989 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, granted final plat approval to River Homes III -B Subdivision, as recommended by staff. 7 LjOOP d✓ F'f. GE 282 NOV 7 1989 I. Approval of Out -of -State Travel BOOK 78 PAGE 283 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved out-of- state travel for Commissioner Wheeler to attend Justice & Public Safety Steering Committee's Annual Retreat, Corpus Christi, Texas, January 18-20, 1990. J. Approval of Out -of -County Travel ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved out -of - county travel for Commissioner Wheeler to attend Criminal Justice Policy Committee Meeting, November 9, 1989, in Longboat Key, Florida. K. Retroactive Approval of Out -of -County Travel The Chairman removed this item from the agenda because he did not attend the Urban Sprawl and Local Government Comp. Planning Meeting, Orlando, November 6th. L. Occupational License Taxes Report Received and placed on file in the Office of the Clerk to the Board: 8 MEMORANDUM T0: Board of County Commissioners FROM: Gene E. Morris, Tax Collector :.SUBJECT: Occupational Licenses iDATE: October 30, 1989 .Pursuant to Indian River County Ordinance No. 86-59, please be informed .that $116,771.10 was collected in occupational license taxes during the month of September 1989, representing the issuance of 4,815 licenses. Gene E. Morris, Tax Collector M. Budget Amendment 007 - Fire Prevention Program The Board reviewed the following memo dated 10/27/89: TO: Members of the Board of County Commissioners DATE: October 27, 1989 SUBJECT: BUDGET AMENDMENT 007 - FIRE PREVENTION PROGRAM CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS The Fire Department receives donations when they give Fire Prevention presentations. To date we have received $2,600 in donations and staff would like to utilize those funds for the same purpose as they were donated which is public awareness. The money will be used for brochures, fire hats for children, etc. RECOMMENDATION .1;4 `.:7 :''• qac.: :-Staff recommends the Board of County Commissioners approve budget amendment 006. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved Budget Amendment 007, as recommended by staff. NOV 1989 9 ROOK [A 2r- NOV 7 1989 TO: Members of the Board of County Commissioners' FROM: Joseph A. Baird, OMB Director BOOK / P.':;E r�85 SUBJECT: BUDGET AMENDMENT NUMBER: DATE: OCTOBER 27 1989 007 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE SOUTH COUNTY FIRE DISTRICT Cash Forward 114-000-389-040.00 $ 2,600.00 $ 0 EXPENSE SOUTH COUNTY FIRE DISTRICT Fire Prevention -Prof. Serv. 114-120-522-038.93 $ 1,300.00 $ 0 Fire Prevention-Printina 114-120-522-038.94 $ 1,300.00 $ 0 N. Resolution Directing County Depositories to Honor Certain Authorized—Signatures on County Warrants an Other Oree—rsor Payment The Board reviewed the following memo dated 10/27/89: TO: Members of the Board of County Commissioners DATE: October 27, 1989 SUBJECT: RESOLUTION DIRECTING COUNTY DEPOSITORIES TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITION The attached resolution directs county depositories to honor certain authorized signatures on county warrant and other orders for payment. RECOMMENDATION Staff'recommends the Board of County Commissioners approval. 10 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, adopted Resolution 89-140, directing county depositories to honor certain authorized signatures on county warrants and other orders for payment. RESOLUTION NO. 89- 140 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING COUNTY DEPOSITORIES TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT. WHEREAS, the Board of County Commissioners of Indian River County on January 3, 1989, held an election for the offices of Chairman and Vice Chairman of the Board of County Commissioners; and WHEREAS, the County Commission did nominate and select as Chairman, Gary C. Wheeler, and as Vice Chairman, Carolyn K. Eggert; and WHEREAS, Jeffrey K. Barton was elected Clerk of the Circuit Court of Indian River County effective December 31, 1988, and also serves as a Clerk to the Board of County Commissioners, pursuant to Section 125.167, Florida Statutes; and WHEREAS, it is now necessary to reinstruct the County's depositories as to the signatures necessary to honor County warrants, checks, or other orders for the payment of money drawn in the Commission's name, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Commission has in the past designated certain banking institutions as official depositories of County funds, and such designations are hereby ratified and affirmed. 2. Each designated depository of the Commission is hereby requested, authorized, and directed to honor checks, NOV 7 1989 11 BOOK 286 \NOV 7 1989 BOOK rhe PAGE 81 warrants, or other orders for the payment of money drawn in the Commission's name, including those payable to the individual orders of anyperson or persons whose name or names appear thereon, when bearing the facsimile signature of the Clerk of the Circuit Court, when said check, warrants, or other orders for the payment of money equals or does not 'exceed the sum of three thousand dollars ($3,000). 3. If a check, warrant, or other orders for the payment of money drawn in the Commission's name exceeds the sum of three thousand dollars ($3,000), said designated depositories are authorized and directed to honor checks, warrants, or other orders for the payment of money drawn in the Commission's name, only when such check, warrant, or other orders for the payment of money bears the facsimile signature of the Chairman and Clerk of the Circuit Court and further bears the original signature of either the Chairman, Vice Chairman, Clerk of the Circuit Court, or Deputy Clerk, listed below. Said actual and facsimile signatures appear below: (1) Jeffrey K. Barton Clerk of the Circuit Court R tua) (2) Cynthia Gatt Deputy Clerk (3) Gary C. Wheeler Chairman (4) Carolyn K. Eggert Vice Chairman 12 simile BE IT FURTHER RESOLVED that the above-named signatories are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board of -County Commissioners of Indian River County; and BE IT FURTHER RESOLVED that the use of facsimile signatures is as authorized by Section 116.34, Florida Statutes, the "Uniform Facsimile Signature of Public Officials Act." The resolution was moved for adoption by Commissioner Scurlock , 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 Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this • 0,1 I, Attest 7th JefK. Barton Clerk day of November, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ar , . Wheeler Cha rman 0. IRC Bid 89-88 - North County Subregional Sewer System - Contract 1 - 1.0 MGD Wastewater Treatment Plant The Board reviewed the following memo dated 10/30/89: NOV 7 1989 13 BOOF pp -- 989 BOOK. it FAE 48L DATE: OCTOBER 30, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR ;FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SER ES SUBJECT: INDIAN RIVER COUNTY BID #89-88 NORTH COUNTY SUBREGIONAL SEWER SYSTEM CONTRACT 1 - 1.0 MGD WASTE WATER TREATMENT PLANT BACKGROUND: ;The subject bid for Forth County Subrecaional System Contract 1 for ,Waste Water Treatment Plant was properly advertised and Ten (10) Invitations to Bid were sent out. On September 19, 1989, bids were ;received. Five (5) vendors submitted proposals for the commodity. ' ANALYSIS : .Staff has reviewed the submittal to ascertain adherence to specifications...;Elkins Constructors was the low bidder that met all 'requirements. 'Sample Contracts are attached for information purposes. Original 'contract will be sent to Chairman upon receipt of executed copies from contractor. FUNDING: Monies for this project will come from Utilities Budget Accounts. 13)2A/M05154;0331) RECOMMENDATIONS: Yy• ;Staff recommends the Award of a fixed, contract for S2.195.000.00 to 'the low bidder Elkins Constructors, for the subject commodity. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0), Commissioner Eggert being absent, approved the award of a fixed contract for $2,195,000 to'the low bidder, Elkins Constructors, for construction of the North County Subregional Sewer System 1.0 MGD Wastewater Treatment Plant, as recommended by staff per the following Bid Tabulation: • 14 1N3W332IDV 3113 NO S IO1011N1SNOO SN1)113/M Z 01 )121310 30 301330 31-11. • ,..,::::moi k,jy;,,.:• .. :• BOAR» OF COUNTY COMMISSIONERS • . ' . 1840 25th Street, Vero Beach. Florida 32960 • sivER Q' •0 Tmupnon.: 1305) 5578000 • 4,' ,•c %_• .•f�'�� sueean Telephone: 224-1011 •�,. N'fvN. , � Recommended Award 1.01210 Dates 9/18/89 PURCHASING DEPT. BID TABULATION Submitted By Dominick L Masada PURCHASING MANAGER Bid No. 89/88 Date Of Opening 9/15/89 Bid Title NORTH COUNTY WASTZWATER TREATMENT PLANT CONTRACT #1 .16, •N R CTORS .$2,159,500.00 TOTAL LUMP SUM : ALTERNATE TOTAL LUMP SUM BASE BID ADD-ON /DEDUCT BASE BID & ALTERNATE BID 1. ELKINS CONSTRUCTORS $2,159,500.00 $35,500.00 add $2,195,000.00 JACKSONVILLE, FL. - 2. BUTLER CONSTRUCTION $2,290,000.00 $35,000.00 add $2,325,000.00 ROCKLEDGE, FL. deduct 3. W.P.C. INDUSTRIAL 2,383,000.00 7,000.00 2 276. 000.00 •I. • k add 4. THE CONDUIT & FOUND.._ $3,107.700.00 2,300.00 3 110 000.00 ATION CORP ORLANDO, FL 5. GUMM CONTRACTING TAMPA FL REJECTED NO BID BOND ENCLOSED WITH BID NOV 7 1989 BOOK 18 M[ 291 Chairman Wheeler later in the meeting advised that Commis- sioner Scurlock wished to make further comment on Consent Agenda Item 0 regarding the award of the contract for construction of the North County Subregional Sewer System 1.0 MGD Wastewater Treatment Plant. Commissioner Scurlock wished the Board to be aware that this is an innovative plant design and that we were able to pick up through. the Wastewater Pollution Control Federation (WPCF) a new concept in wastewater treatment called a "boat clarifier." He and Director Pinto went to Morgan City, Louisiana, to look at the operation of such a system, and it is a very efficient energywise system that will result in substantial operational cost reduction over the long run. P. IRC Bid 89-89 - North County Sewer Collection Pump Station ana—Force Main The Board reviewed the following memo dated 10/31/89: DATE: OCTOBER 31, 1989 'TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T.•"SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERV SUBJECT: INDIAN RIVER COUNTY BID #89-89 NORTH COUNTY SEWER COLLECTION PUMP STATION AND FORCE MAIN ,BACKGROUND: :The subject bid for North County Sewer Collection/Pump Station and 'Force Main was properly advertised and Twenty -Two (22) Invitations to Bid were sent out. On September 11, 1989, bids were received. Twelve (12) vendors submitted proposals for the commodity. • ,ANALYSIS: Staff has- reviewed the submittal to ascertain adherence to specifications. Utility Systems of America was the low bidder that '"met all requirements. 16 Sample Contracts are attached for information purposes. Original contract will be sent to Chairman upon receipt of executed copies from contractor. FUNDING: 141 Monies for this project will come from Utilities Budget Accounts. Rpt,` S 7,25Q l')Q)=- RECOMMENDATIONS: Staff recommends the Award of a fixed contract for 53,387.243.75 to the low bidder Utility Systems of America for the subject commodity. Commissioner Scurlock commented that this is a very signifi- cant project for the North County; it involves a bid of over 3 million dollars; and that is why he felt it should not be on the Consent Agenda and asked that it be removed for discussion. The project was originally designed in 1987, which gives an idea of how long we have worked on this. Commissioner Scurlock continued that during the bid process, a question was raised as to whether large diameter PVC pipe could be used in this particular application as an alternative and there were suggestions that, if it could, a bid possibly could be reduced by as much as $275,000. In 1987 large diameter PVC pipe was in its infancy, and was not something an engineer would have normally looked at very seriously, but a couple of years have passed, and it has become much more accepted. Based on this, Commissioner Scurlock advised that he, Director Pinto, Mr. Masteller, and Mr. Chandler did an in-depth analysis. He and Director Pinto even traveled to San Francisco to the WPCF and met with a number of different ductile iron suppliers as well as PVC suppliers. What it all came down to was a potential savings by using PVC of about $85,000 on the low end.and possibly $169,000 on the high end. There were some basic differences that we questioned - the PVC has a smaller interior diameter and there are some constraints with the flow through it. We analyzed all these facts and came down to the final conclusion, which is the recommendation today, that basically because of the location of this pipe, which is going to be along the FEC Railroad tracks 17 NOV 71989 BOOK �� [} uGE 2 J6 NOV 'd '1989 BOOK 78 FAGE, 93 where there would be considerable vibration and settling, we would be better off accepting the higher priced product in this particular application. Commissioner Scurlock did believe, however, the benefit of this process is that we have identified the proper application of this type PVC pipe in the future. Also, one of the major things that has happened through this process, even though we are recom- mending the higher bid, is something called "holiday testing." He explained that Jacksonville experienced some significant problems in the application of the interior coating that goes on ductile iron and had to replace a large amount of piping. By traveling out to San Francisco and coming up with this information, we have been successful in getting -U.S.Pipe, which is the supplier of this pipe, to agree to do that testing at no cost at the factory, and that is a significant benefit. Therefore, because he and Director Pinto spent 4 to 6 weeks on this and they concur with staff's recommendation, he did feel that something needs to be said, rather than just having this on the Consent Agenda. Director Pinto felt Commissioner Scurlock has explained the situation very well. The difference in the structural integrity of PVC pipe and ductile iron pipe is about 7 to 1 in favor of the iron pipe, and there isn't any question that in running along the railroad, there is a concern about the vibration that would take place. With the experience of only 6 years in the ground with the large diameter PVC pipe, he would feel uncomfortable recommending it in this situation, but assured everyone that we will consider all materials in the future in direct relation with the project itself. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously (4-0), Commis- sioner Eggert being absent, awarded Bid #89-89 to the 18 O 9• '0a1d08 2H1 • _ :::_.au ; ry .k4<•:'. ': -4-:BOARD- •-, -BOARD OF • • - 1840 25th a+. 74•65•616 laosl eera000 + Recommended Award UTILITY SYSTEMS OF MORI•% COUNTY Street Nr. 3 \# COMMISSIONERS Vero Beach. Florida • • 82960 ,- PURCHASING • BID TABULATION Submitted w TNlpharrl n41011 Bid No. Bid Title • $ 3,387,243.75 Date. SEPT 11,1989 DEPT. By Dominick L Mascola . PURCHASING MANAGER 89/89 Dote Of. Opening 11, 1989 'N COUNTY SEWER COLLECTION/PUMP STATION & FORCE MAIN v. •' ' ; RsEPT \ • R1ON . = 1 rI•1•TrT•1•Y Q OF > tzaxcn 4 c anima rnumanrWTiars rn $1.ss4, n17 so 9. SCOTT & MARTIN $3,916,365.00 1801 8. NOVA RD DAYTONA BEACH,FL- 1725 S. NOVA An A_4 cn nAYTnNA Fr. 61,3147_941 7‘ Pf1 Eft% 7Rn F.LLII7TO1j,FL • 2. THE CONDUIT & FONDATION CORP ' '6. DOUGLAS HIGGIN INC $3,684,090.00_10. MAN CON - • 53.948.819.00 1132 N. 48th POMPANO BEACH,FL 7232:SAND LAKE RD ORLANDO, FL $3,487,243.75 900 VICTORS"WAY ANN ARBOR MI 3.BELVEDERE CONSTRUCTION CO. 7. MANTELL ENG CONTRACT= $3,730,669.69 11. CFW CONST.cO..`.•..$3;987,495.00 PO BOX 15107 WEST PALM FL $3,536,590.00 3051 N.W. 129 st MLAMI,FL PO BOX 0 FAYETTEVILLE,TENN f . .:., 4 Y• ,o ' : t "*. ISL - 11 • 91: H:.111.1• VP. 1 .1 YC .1".- - r. 1 12. SPEEGLE CONST : $4,337,000.00 1331 N.W. VIVION RD KANSAS CITY MO 63.551.596.50 '129 N. JOG RD W.P. BEACH.FL PO BOX 2089 COCCA,FL C r+ (n 41+ • = r+ w CD 01 • (1) r+ w . -11 - CO O 0 V - — 7 N fD - o an La La — I0 • 0 CA CO O • -41 O 0. -. -+ O -1 • d r+ 0 7 7 7 o. 0 co C co Z = a1 N 0 7- r+ 5 O -. , 1+ — 0 0 7 7 0 0. • o CI 0) * I C = -. cD 7 r+ 7 r+ r+ 7 0. `C 0) co In r+ 0 In er 7' O - N a 7 `G O 10 n 5 cn a) 7 r+ C) r+ 0. a1 0 -h •-• .4 r+ -1+ — 7 -• cD m 0 0) A 7 r+ -a 0. - - r+ 0 a1 7- d 7 7 a) V1 rF r+ -G o 3 5 -a fixed contract with Utility Systems of America 0 5 'Jappip Mol NOV ` 1999 ti BOOK 78 FA _E Q. USDA, Soil Conservation Service and IRC Working Agreement The Board reviewed the following memo dated 10/30/89: DATE: OCTOBER 30, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER - COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVIS SUBJECT: USDA, SOIL CONVERSATION SERVICE AND INDIAN RIVER COUNTY WORKING AGREEMENT BACKGROUND: The Soil Conversation Service has requested approval of an amendment :which states that the County will comply with all provisions contained in the Civil Rights Act of 1964, and the Civil Rights :Restoration Act of 1989 along with other non-discrimination statues. ;'It also states that the County will comply with the Drug -Free Workplace Act of 1988. RECOMMENDATIONS: Staff recommends approval and request the Board approve and authorize :their Chairman to execute the attached amendment. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0), Commis- sioner Eggert being absent, approved the amendment to the Working Agreement between IRC and the Soil Conservation Service, and authorized the Chairman's signature, as recommended by staff. COPY OF PARTIALLY SIGNED AMENDMENT TO AGREEMENT IS ON FILE IN THE 1 OFFICE OF THE CLERK TO THE BOARD. 20 R. Change in Type of Vehicle - Sandridge Golf Club The Board reviewed the following memo dated 10/23/89: Member of the Board of County Commissioners T: Bob Komarinetz Director of Go FROM: D= October 23, 1989 FILE: SUBJECT: Change in type of vehicle REFERENCES: ',EIESCR1PriCti OF CONIDITICVS :;This budget year there is $9,000.00 approved to purchase a small 'pick up truck for use on the Sandridge Golf Club. There has also '`been discussion on the possibli_lity to build the additional nine -holes. With this in mind a two wheel drive vehicle would be inappropriate to perform the neccessary work during the construction "phase. A four wheel drive vehicle would be more suited for the purpose as well as being useful in rough terrain areas of the existing golf course. An additional $3,000.00 is needed to purchase a four wheel drive truck. Staff inturn recommends that we delete a greens mower reels which ::cost $3,460.00 to make up the difference in the additional purchase - :'price of a four wheel drive truck. AIBOOMMENDATMON Staff recommends the purchase of the four wheel drive pick --up truck. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0), Commis- sioner Eggert being absent, approved staff's recommen- dation to purchase a 4 -wheel drive pickup truck and delete a greens mower reels, as set out in above memo. S. IRC Bid #89-100 - Sludge Removal The Board reviewed the following memo dated 10/30/89: Nov 7 89,8� 21 LOOK i! 8 ' E 0% BOOK / 0 PAGE. DATE: TO: i• THRU: I �• FROM: OCTOBER 30, 1989 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES SUBJECT: INDIAN RIVER COUNTY BID #89-100 SLUDGE REMOVAL `BACKGROUND: The Subject Bid for Sludge Removal was properly advertised and Five (5) Invitations to Bid were sent out. On September 27, 1989 bids were received. Four (4) Vendors submitted Proposals for the commodity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Florida Sludge was the lowest bidder to meet all requirements. 14 FUNDING: st. Monies for this project will come from Utilities Budget Accounts. €RECOMMENDATIONS: '`!':1 4. iii . Staff recommends the award of an Open End Contract and authorize the Purchasing Manager to renew the contract for one additional year subject to satisfactory performance, no cost increase, vendor `acceptance, and determination the renewal is in the best interest of lithe County. The initial contract period shall begin with the date of award and shall terminate one (1) year from that date. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0), Commis- sioner Eggert being absent, awarded Bid #89-100 to Florida Sludge, the low bidder meeting all requirements, as set out in the above staff recommendation and per the following Bid Tabulation. 22 Recommended FLORIDA ' '• BOARD OF 1840 25th Street, • COUNTY COMMISSIONERS Vero Beath. �ER ��� P v. � ; Lr 1 u .-- . •ZZ * k�r'�y' �tORIpts Florida 2'• * nAVLER (rnwrTNarrNm • 32960 " ' Date' 9/28/89 `• PURCHASING DEPT. BID TABULATION Submitted By Dominick L Mascola • PURCHASING MANAGER ,. Bid No. 89/100 Date Of Opening 9/27/89 Bid Title SLUDGE REMOVAL I r t..n.n.s Gaon 5.7e000 SOD Award FARM 8I SLUDGE erre • $ smarm!) _1 Ir $2-9.2.00 nn %"47,A,0_011592 FL0 GFr P DIXIE HGY VE80:,:41EACH% 8L-3?960 • 2. H&H LIQUID SLUDGE INC $40,045.00 $42.461.00 • EZ 2 BOX 509 • FORT WHITE. FL 32038 • • 3. • ENVIRONMENTAL SCIENCES $46.590.00 $49.560.00 PO BOX 915139 LONGWOOD, FL 32791 • • 4. FRENZ ENTERPRTRRR $37,nMLnn $701. 0.50-A0 2502 W 1st st SANFORD. FL 32771 _ S,^ •• ..••- ry: L:a T. IRC Bid 89-98 - Ready Mix Concrete The Board reviewed the following memo dated 10/30/89: DATE: OCTOBER 30, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICE SUBJECT: INDIAN RIVER COUNTY BID #89-98 MIX CONCRETE BACKGROUND: The Subject Bid for Ready Mix Concrete was properly advertised and Two (2) Invitations to Bid were sent out on September 27, 1989 bids were received. One (1) vendor submitted his proposal for the commodity. ANALYSIS: 'staff :e -has reviewed the submittal to ascertain adherence to /specifications. Russell Concrete was the single bidder to meet all zreguirements. NOV 71989 2 3 BUGK �'y`�i �'€ t. ter• �J 'NOV '6S9 BOOK 18 FADE 299 `Monies for this project will come from Budgeted Road and Bridge tAccounts. 12ECOMMENDATIONS : Staff recommends the award of an Open End Contract and authorize the Purchasing Manager to renew the contract for one additional year 'subject to satisfactory performance, no cost increase, vendor !acceptance, and determination the renewal is in the best interest of -the County. The initial contract period shall begin with the date of ;award and shall terminate one (1) year from that date. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0), Commis- sioner Eggert being absent, awarded Bid #89-98 to Russell Concrete as set out in the above staff recom- mendation and per the following Bid Tabulation. • • • ..1..«.= 6674000 BOARD OF COUNTY COMMISSIONERS 1840 lith street, Vero Bezels. Florida 32960 _ v. � O; - * * CONCRETE 1pR10Q`Bid . -• i • /2rt ' Dates98/89 PURCHASING DEPT. N. • BID TABULATION - Subnitted By Dominick L Mascola PURCHASING MANAGER Bid No89/98 Date Of Opening 9/27/89 Tito READY NIX CONCRETE 1305I Recommended Award RUSSELL 1. RUSSELL CONCRETE 2,500 psi 42.45 per yd . 1400 10th AVE .3,000 psi 43.95 per yd VERO BEACH, FL 32960 4,000 psi 46.95 per yd • • U. IRC Bid 89-96 - Install and Supply Sod The Board reviewed the following memo dated 10/30/89: 24 1 DATE: OCTOBER 30, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT: INDIAN RIVER •COUNTY BID #89-96 INSTALL AND SUPPLY SOD 'BACKGROUND:' The subject bid for Install and Supply Sod was properly advertised and Seven (7) Invitations to Bid were sent out. On September 27, 1989 bids were received. Seven (7) vendors submitted proposals for the commodity. ,ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Florida Sod was the lowest bidder to meet all • requirements. d• `FUNDING: Monies for this project will come from Budgeted Road and Bridge Accounts. . . • RECOMMENDATIONS: ,l , Staff recommends the award of an Open End Contract and authorize the Purchasing Manager to renew the contract for one additional year subject to satisfactory performance, no cost increase, vendor acceptance, and determination the renewal is in the best interest of the County. The initial contract period shall begin with the date of award and shall terminate one (1) year from that date. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0), Commis- sioner Eggert being absent, awarded Bid #89-96 to the low bidder, FLorida Sod, as set out in staff's recommendation and per the following Bid Tabulation. NOV 7 1889 25 BOOK 78 FIA i 390 [NOV `u989 BOOK t1 F'd.GE U.. RD BOAOF COUNTY 1840 25th Street, 74»506.: 1005) 567.1000 3 # Recommended Award FLORIDA SOD COMMISSIONERS. Vero Beach, Florida :: '1. v` -- * •LORIDS Date SEPT 28. 198 32960PURCHASING DEPT. 1V7 BID TABULATION • rt 2244011•• Submitted By Dominick L Mast:Ole . PURCHASING MANAGER Bid No. 89-96 Dote Of Opening 9/27/89 • $ 35,400.00 Bid Title INSTALL & SUPPLY SOD Y� 1. FLORIDA SOD $35,400.00 A *nem crry NURSERY N/B PO BOX 1313 9080 NORTH US 1 VERO BEACH, FL 32961 - WABASSO, FL 32970 /_ A A r. SOD /NC $38,050.00 5. OSLO ROAD NURSERY N/B 7150 20th: ST 1300 OSLO RD VERO BEACH, FL 32966 . VERO BEACH, FL 32960 • • • 3. SOD LAID INC • $40,399.00 1126—B OW DIXIE HWY .• VERO BEACH, FL 32960 - : �:: - V. Release of County Utility Liens The Board reviewed the following memo dated 10/25/89: TO: Board of County Commissioners i2. FROM: Lea R. Keller, County Attorney's Office DATE: October 25, 1989 RE: CONSENT AGENDA - BCC MEETING 11/07/89 RELEASE COUNTY UTILITY LIENS 1 have prepared the following routine lien -related documents and request the Board authorize the Chairman to execute them: Release of Assessment Lien Tax I.D. #12-33-39-00004-0018-00008.0 (Rockridge Sewer Project) in the name of CORNELIA EMMA GROSS Release of Assessment Lien Lone Palm Park Water Mall Assessment in the name of JOHN H. VE uuER et ux 26 Release of Assessment Lien River Shores Estates Water Project in the names of SCHUBERT, REYNOLDS, WOLFE, and FRANCHINI Release of Assessment Lien (Roc]o idge Sewer Project) Tax I.D. #12-33-39-00001-0002-00011.0, in the name of TIlKOTHY & DEBORAH GRAUL Back-up information for the above documents is on file in the County Attorney's Office. 114 ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0), Commis- sioner Eggert being absent, approved the Release of Assessment Liens as listed above. COPIES OF SAID RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. W. Release of County Assessment Liens (Vero Lake Estates) The Board reviewed the following memo dated 10/20/89: TO: //The Board of County Commissioners FROM: 6{�5ndy Bartolucci - County Attorney's Office DATE: October 20, 1989 SUBJECT: CONSENT AGENDA - BCC MEETING 11/7/89 RELEASE OF COUNTY ASSESSMENT LIENS have prepared the following routine release of assessment lien forms in connection with paving and drainage improvements to 87th Street in Vero Lake Estates from 102nd Avenue to CR -510 (Project No. 8226), and request the Board authorize the Chairman to execute them: NOV l '1989 (1) Tax I.D. No. 28-31-38-00006-0090-00015.0 Lot 16, Block I, Vero Lake Estates, Unit I in the name of FRED LAURY and WANDA LAURY (2) Tax I.D. No. 28-31-38-00001-0110-00004.0 Lot 7, Block K, Vero Lake Estates, Unit H in the name of EUGENE E. FIKE, II and PATRICIA FIKE BUERGER (3) Tax I.D. No. 27-31-38-00003-0090-00005.0 Lot 5, Block 9, Vero Lake Estates, Unit 1 In the names of MORDCAI DON TAUBENBLAT (4) Tax I.D. No. 27-31-38-00006-0170-00005.0 Lot 5, Block Q, Vero Lake Estates, Unit B in the name of Y. TOMMY HOUSCH CORP. 27 Met 8 FA L=3o NOV 1989 BOOK8 DGE .303 (5) Tax I.D. No. 27-31-38-00004-0110-00005.0 Lot 5, Block K, Vero Lake Estates, Unit A in the names of PETER KARALIOTIS and MARY KARALIOTIS (6) Tax I.D. No. 27-31-38-00004-0110-00006.0 Lot 6, Block K, Vero Lake.Estates, Unit A in the name of PETER KARALIOTIS and MARY KARALIOTIS (7) Tax I.D. No. 27-31-38-00004-0110-00007.0 Lot 7, Block K, Vero Lake Estates, Unit A in the name of PETER KARALIOTIS and MARY KARALIOTIS (8) Tax I.D. No. 27-31-38-00003-0090-00004.0 Lot 4, Block 9, Vero Lake Estates, Unit 1 in the names of FRANK CASTINE, JR. and MARION CASTINE (9) Tax I.D. No. 27-31-38-00002-0050-00011.0 Lot 12, Block E, Vero Lake Estates Unit C • in the name of RANDY WHITACRE (10) Tax I.D. No. 28-31-38-00001-0030-00006.0 Lot 7, Block C, Vero Lake Estates, Unit H in the name of ANGELO DIMARCO (11) Tax I.D. No. 27-31-38-00006-0160-00005.0 Lot 5, Block P, Vero Lake Estates, Unit B in the names of BERTHA BECKER and MAUREEN O'DONNELL (12) Tax I.D. No. 27-31-38-00002-0010-00001.0 Lot 1, Block A, Vero Lake Estates, Unit C in the names of EUGENE D. ALLEN (13) Tax I.D. No. 27-31-38-00001-0110-00008.0 Lot 8, Block K, Vero Lake Estates, Unit H in the names of RAYMOND FOX and MARTA FOX Back-up information for the above is on file in the County Attorney's Office. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0), Commis- sioner Eggert being absent, authorized the Chairman to execute the Release of Assessment Liens listed in the above memo. COPIES OF SAID RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 28 X. Proclamation - Scouting for Food Week PROCLAMATION WHEREAS, through the efforts of the Boy Scouts of America, a Scouting for Food Program has been initiated in cooperation with the Salvation Army for the purpose of meeting the needs of the hungry throughout the nation; and WHEREAS, the Gulf Stream Council of the Boy Scouts of America, Indian River County Treasure Coast District, is participating in this nationwide program by giving twelve thousand collection bags to the Boy Scouts in Indian River County, to be distributed on November 11, 1989 to as many residents as can be reached for the purpose of collecting food for feeding the hungry who reside in Indian River County, Florida; and WHEREAS, on November 18, 1989, the non-perishable canned foods which have been donated by the residents of Indian River County and placed on their doorsteps, will be picked up by the Boy Scouts and taken to the Salvation Army collection points for sorting and distribution: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of November 11 through 18, 1989 be designated as SCOUTING FOR FOOD WEEK in Indian River County, Florida, and the Board also recognizes the Boy Scouts of America for their efforts in this worthwhile collection program and commends them for their dedication. The Board of County Commissioners of Indian River County, Florida urges the citizens of Indian River County to recognize the contributions made by the Boy Scouts of America to this community and to the nation, and further urges the residents of Indian River County to participate in this food collection program. Adopted this- 7th day of November, 1989. L -NOV 19 9 29 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA w btit Gary C/.[ Wheeler, Chairman (TOOK 78 PnE.304 NOV BOOK 78 PV.; -,.30t) INDIAN RIVER COUNTY COURTHOUSE SECURITY Administrator Chandler reviewed the following: DATE: OCTOBER 31, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: ' H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI SUBJECT: INDIAN RIVER COUNTY COURTHOUSE SECURITY BACKGROUND: ',On July 14, 1989, Dwight Geiger, Chief Judge of the Nineteenth Judicial Circuit issued an Administrative Order to make certain 4improvements in the security of all courthouses within his jurisdiction. Commissioner Wheeler, James Chandler and this writer have met on more than one occasion with Judge Geiger, certain other judges, Sheriff's personnel, and the Court Administrator in an effort to resolve the subject problems within Indian River County. In the last meeting of October 2, 1989, all parties agreed to the following proposed increase in security at our facility: ITEM INITIAL COST Two Additional Deputies - $ 69,800 4,900 30,000 4,000 Lockers to store weapons and other items 600 Remote "panic button" for alarm system 300 2. _Six Portable Radios 3. One X -Ray Scanning Machine One Portable Walk -Through Metal Detector TOTAL $109,600 The additional deputies will allow for an armed certified officer to be present in each proceeding to serve as security and bailiff. Each security officer/bailiff will be equipped with a portable radio to allow constant communications with one another at all times for emergency response. 'The portable walk-through metal detector and x-ray scanning machine .jwill be strategically located for the monitoring of all persons entering judicial proceedings within the courthouse. - Pedestrian traffic will be routed though the monitoring station and controlled to the various areas by limiting the number of access doors. Lockers will be installed near the monitoring location for storage of weapons and packages not allowed in the various judicial proceedings. 30 A remote "panic.button" will be installed at the monitoring location and connected to the present alarm system, that can be activated in case of an emergency. ,ANALYSIS: Delivery and installation of the equipment will take 60-90 days after placing the order. Judge Geiger has agreed to modify his existing Administrative Order beyond the November 1, 1989 deadline to allow sufficient time for „ completion of the above plan. '•' ' - A-. •� ice, S ', •' 1i;' RECOMMENDATIONS : ,: ,��r�Staff request direction to proceed from the Board in order to comply s with the Administrative Order. '.FAinding wi13. have to be from General Fund ems': Contingencies. The Administrator noted that this .was the negotiated result of a meeting approximately a month ago. This is not a budgeted item and would have to come from General Fund Contingency. Commissioner Bird asked about an anticipated date for completion of the new Courthouse. Administrator Chandler reviewed our projected schedule for a master plan, looking at design, construction contract, and the actual construction phase and estimated, at the latest, the fall of 1993. Commissioner Bird wished to know if the system being pro- posed would be for admission to the Courthouse in general or just to the courtroom area, and the Administrator advised it would be just to the courtroom area and would be located at the top of the stairwell. Commissioner Scurlock stated that he has a real problem with this and is not going to vote for it for two reasons. First, we are only a month into our new budget year, and he just does not see going into contingency and spending that kind of money on this facility. Secondly, past history has not demonstrated any significant danger that he can see. He asks the jud9es to take no more or no less risk than he does as a commissioner. In the new facility, he believed we can plan this properly, but what we have is an antiquated facility that, in his opinion, cannot be made secure. In regard to the Administrative Order, he has NOV i 1989 31 No 18 pm.i.306 Ir" NOV °d 11999 BOOK 78 PAGE. -7 gotten at least one opinion that questions whether or not this Board can be ordered to spend taxpayers' money on this issue, and he personally did not feel that is a proper function of the judges. Commissioner Bird commented that he would like to hear the pros and cons re what is being requested because, to be honest, at this point he is confused and does not know what way he is going to vote. Commissioner Scurlock noted that he understands the diffi- cult position the Chairman was in, and he felt that Chairman Wheeler did an excellent job working with the Judges to bring a proposal back to the Board, but in spite of that, he still can't support what is recommended. Commissioner Bowman did not believe what is proposed will work. If someone wants to get a judge, there are other ways to do it. Tom Willis, Deputy Court Administrator for the 19th Judicial Circuit, informed the Board that they are very concerned about security, not just for the judges, but for the people using the courtroom facilities. In the last month in St. Lucie County 66,578 people have gone through their courthouse, and they have taken 1,314 weapons from those people. Commissioner Scurlock wished to know what type weapons were confiscated, and Mr. Willis advised there were no firearms, but there were 437 bladetype weapons, 7 impact weapons (blackjacks, lead pipes, etc.) and 12 cans of mace. Commissioner Scurlock noted that he personally always carries a pocketknife which would qualify as a bladetype weapon,. and he believed many other people do also. Mr. Willis further reported that in Martin County in the 9 months the new courthouse has been in operation, they have had 74,198 people go in courtrooms themselves and have taken 1,231 weapons from them of the same variety. The point he wished to make is that people are armed and are in the court facilities, 32 and something could happen there at any time. For instance, several months ago a derringer was taken from a woman going into Judge Vocelle's court on a divorce custody case. Mr. Willis wished to know why we are planning for security in a new building, but not in the current building. If we need it for one, we need it for the other. Commissioner Bird noted that hopefully in a new building we will be able to provide a security system on a permanent basis and do it right. He just questions spending this amount on an interim measure and wished to know if there have been any documented cases of assault or use of any of these weapons in any of the courtrooms in this District over the last 314 years, and the answer was that there have not. Commissioner Scurlock again stressed that he is not asking the judges to have any Tess protection than he does as a county commissioner. He pointed out that we have had the Commission Chambers filled with several hundred people divided against each other and have had to issue rulings on heated debates, and we even requested that a deputy no longer be sent over here because we felt it was not a good use of taxpayers dollars. Certainty, the judges are in a somewhat different situation, but he has seen no evidence of a "worst case" situation, and the taxpayers cannot afford to continue to react to every situation. Commissioner Scurlock emphasized that he has taken a position this year that he is not looking to go into Contingency except for something that is a total emergency and an absolute need. Mr. Willis made the point that the Judge's original Order was done considerably before the end of the budget year. Commissioner Scurlock did not see how judges can order the Board of County Commissioners to tax the public, and he felt this question should go through the court process, if necessary. Circuit Judge Paul Kanarek came before the Board and commented that he is somewhat offended that this has been put in terms of protecting the judges; it actually is designed to NOV 7 1989 33 BooK 78 f'.G[ 3O8 Pr- NOV NOV 7 1989 BOOK 18 FADE 30JC protect the people coming to the courthouse. He informed the Board that he knew that within the past 2 years someone pulled a gun on Judge Balsiger in his courtroom, and he also knew that within the past 3 months, a lady had a 22 gun in her purse in his offices. Judge Kanarek stressed that at present we have no method to determine if someone walking into the courthouse has a weapon, and in the courts, they deal with very emotional issues. He was also concerned that we have no security for the prisoners we bring into the courtrooms. These prisoners in shackles are walking through the public, and there is the possibility some friend could hand them a weapon. Judge Kanarek explained that the idea was to secure the courtroom areas and the upstairs part of the courthouse because it was felt that it is not financially feasible to shut off the whole courthouse. He continued to stress that at this time we have no way of knowing if someone has a weapon, and he guessed the Board must make a cost/benefit decision because there have been instances of violence in the court system in this state. A judge, a lawyer, and a litigant, were killed in the last two years in a domestic relations case, and Judge Kanarek believed people have been either killed or shot in the Orange County Courthouse. He also stressed that the hardware for which the dollars are to be spent is the same hardware that will be used in the new building; so, actually the real cost is for the extra personnel to man that hardware. Commissioner Bird noted that one of his questions was how much of this will be reusable in the new facility, and Chairman Wheeler stated that practically all of it would be reusable, including the personnel, but we would have the personnel 4 years sooner. That is the big expense. Judge Kanarek pointed out that no one has brought a gun into the St. Lucie County or Martin County courthouse, but they have metal detectors that you can see before you get there. He felt 34 if someone sees a metal detector, they are not liable to walk through it with a gun. Commissioner Bowman questioned the metal detector's effec- tiveness with a plastic gun, some of which are not only very realistic but can be lethal. Commissioner Bird stated that the fact that people could get into the courthouse with guns and weapons and could possibly help spring a prisoner does concern him. Judge Kanarek felt that one problem is that there is no holding facility for the people who come over from the jail. There is a holding cell located physically between the courtrooms, and the prisoners are held there until they are walked through the public hallways to get to the courtrooms. Chairman Wheeler noted that he finds himself in a very difficult position here. He has been working with the judges to negotiate down to something that is several hundred thousand dollars less than the original proposal, and he would like to keep this in perspective. He agreed that everything that has been said here on both sides is accurate, but there are some things that haven't been mentioned. One is that we currently do have security in the Courthouse although it is not at the level some individuals would like it to be. Secondly, they do have hand held metal detectors that are available to be used, and thirdly, he felt when we refer to 66,000 or 70,000 people, we are playing with numbers. Out of those 66,000, maybe 62,000 were regular every day citizens and possibly 4,000 were witnesses, defendants and their friends or families. Further, in any given trial or set of circumstances, he would assume the judges, lawyers, deputies, etc., would have some idea of something that may be a higher security risk. Judge Kanarek confirmed that when they have domestic cases that they hear in chambers, they do use metal detectors on all the litigants. NOV Y 9E8 L 35 ROOK015 F, arr +t;C * r" NOV r'j89 BOOK i8 FAGE 311 Discussion continued regarding an X-ray machine, walk- through metal detector, etc., and Chairman Wheeler commented that he could see this as being time consuming and inconveniencing thousands of people who pass through the courthouse on every day business. Judge Kanarek, however, pointed out that thousands of people are walking through metal detectors in airports daily, and it doesn't take that much time. Chairman Wheeler pointed out that there is a higher incident rate and much greater publicity worldwide regarding blowing up an airplane in a terrorist act. There obviously is some risk in the courtroom, and it seems the biggest problem is with domestic disputes, but the question is how much do we want to spend on that. There is a certain level of risk in everything we do whether swimming at the beach or playing golf. He certainly would hate to have some incident occur, but there is a possibil- ity that one could occur no matter what we did. Commissioner Scurlock agreed that if we did not make some decisions, we would have a traffic Tight and a policeman on every corner. He has yet to have a mass number of happenings demonstrated to him to convince him to spend this money, and commented that of the many people we have had in the County Commission chambers, he personally saw one who had a pistol strapped to his leg. He asked the man about it, and it turned out he had a license to carry it and didn't know there was a law against bringing it in a government building. Robert Nall, President of the Indian River County Bar Association, which consists of about 80 lawyers from Vero Beach and Sebastian, next came before the Board. He advised that their association is behind the efforts to get some security in the Courthouse. They felt the measures being proposed are minimal at best, but would like to see something in there. He knew the judges are concerned, and he certainly would be, especially in family disputes. The lawyers are concerned also, and Mr. Nall believed that probably their most primary concern is the security 36 of their clients and witnesses who may be afraid of someone who has threatened them. Chairman Wheeler felt that generally if someone involved with a trial is violent enough to commit a crime, you will have some prior knowledge that may be a possibility and probably will take additional precautions. If you are dealing with someone who wants to get someone and is intelligent or devious enough to conceal his emotions, he will wait for his opportunity no matter what you do. Commissioner Scurlock asked why the local Bar Association doesn't get together and put up $100,000 to help deal with this situation to secure a facility they work in if they are so concerned. Attorney Nall noted that this is something that is easy to joke about, but it is a dangerous situation. Generally people who end up going to court are not happy to be there. The danger does exist, and it exists for the judges who have their quarters there, and it exists for the judicial assistants who are there every day. They already have a buzzer that you have to press to get in the judges' offices. Commissioner Scurlock pointed out that the Commission's secretaries have everybody in the world walking into the Commission offices, and they have no protection or warning at all. Attorney Nall just wished to note that the lawyers will be unhappy if you don't put more security in the Courthouse. He continued to present arguments about various dangerous hypo- thetical situations and stressed that the County has an antiquated facility and they are leaving people who work there with absolutely no security. Commissioner Scurlock stated that is absolutely not correct; hand-held metal detectors are currently available. Chairman Wheeler understood that at the St. Lucie County Courthouse many of the judges, etc., who use that courthouse on a 37 FACE °� 40V 98.9 BOOK . 8 PAGE31" daily basis are issued cards, but he personally questioned the effectiveness of that system. Attorney Nall just felt that Judge Kanarek made a good point when he said that if people know there is a metal detector there, they very probably will not bring in a weapon. He continued to discuss at length measures that are being taken in other counties. Chairman Wheeler agreed that there is a problem and what we are looking at is a band aid approach. We have a particular level of service for security, and we are looking for an interim solution and compromise which he has presented to the Board. It is less that what was originally presented, and it is not a maximum security system. There are still glitches that we can't solve without spending hundreds of thousands of dollars on personnel, and because of the lack of incidents, he did not know that we need to spend that much to prevent something from happening that may or may not occur. The Chairman noted that he has studied many statistics, but there is nothing to indicate to him that this is as serious as it is indicated to be. He pointed out that several hundred people a year are killed'in airline crashes and that gets enormous publicity, and the same thing is true of any rare incident that occurs in a courthouse, but 50,000 are killed in car accidents yearly and because it happens so frequently, you don't see that making headlines in the news. Discussion continued, and Commissioner Bird asked if it is possible that we can add the hardware without the additional people. Major Bob Reese emphasized that we need the people to man the hardware. Attorney Nall on behalf of the local Bar Association urged that the Commission go ahead and approve this complete equipment which is transferable to the new courthouse. He stressed that the lawyers would like to be up to par with the courthouses in St. Lucie and Martin Counties. 38 William Koolage, interested citizen, noted that he comes to all the Commission meetings, and he is as exposed as anyone. He has been through airport security systems and has seen them triggered by a piece of foil. Mr. Koolage continued that he has read the whole file submitted by Judge Geiger, and while he did believe this has been negotiated down to a much more reasonable level, he is concerned about the taxpayers' money, and people face dangers just walking down the street. There are criminals walking down the street that should be in jail. There will always be incidences, but he did not feel that just because the Board does not put the equipment in and an• incident occurs, it is their fault. That is a lot of hooey! He felt the judges and lawyers are after a lot of "overkill" and as a citizen, he does not feel this is necessary. Commissioner Bird asked what our position is if we disregard the Judge's Order, and Attorney Vitunac stated that he has doubts as to how enforceable that order is and would ask that Judge Kanarek speak to that. Judge Kanarek felt that question should be asked of Judge Geiger as he is the Chief Judge. His personal opinion is that the Chief Judge has the authority to enter that Order and has the authority to compel the security requirements, but he felt the Board should rely on Mr. Vitunac's opinion. Attorney Vitunac's opinion was that the Board has the choice not to go along with the Order unless these things are absolutely essential to the running of the courthouse. He felt there is a limit to what a judge can order and there is a question as to whether this Order violates that limit or not. Commissioner Bird assumed that the Board is looking at this as a band aid approach for an interim period and that, if we turn this down, the Commission is agreeable to looking into incorpora- ting these type of measures in a new courthouse. He was assured this is to be incorporated in that design, NOV ' U6 cti 39 BOOK 78 F'1is314 NOV Vi989 BOOK 78 PAGE 315 and Administrator Chandler confirmed that security features will be a part of our charge to the architect. At this point, Chairman Wheeler suggested an additional compromise. He felt we could enhance our current security without increasing personnel, and noted that, for one, he would like to see that everyone is equipped with hand-held radios. Second, he believed the panic button currently exists, but felt they need a monitor on the second floor as well as the first to indicate where the alarm is coming from. He would like to see those two things done and felt that would add to what we already have. Commissioner Scurlock believed he is talking about #2 and #6 on the list. Chairman Wheeler agreed and noted that he had questions about some of the others on the list. For instance, if we had the X -Ray Scanning Machine and the portable walk-through metal detector, he believed they could be used if we had a particularly Targe case or a very emotional one. Commissioner Scurlock pointed out that the X -Ray Machine is $30,000, and Chairman Wheeler felt the walk-through metal detector does increase the level of security, and rather than providing maximum security with personnel 8 hours a day at the courthouse, this could be done on an as -needed basis. After further discussion, Commissioner Scurlock noted that if we had a Motion designating use of the Court Facilities Fund for the purchase of these items, he could support an appropriate number of portable radios, possibly 4, plus a remote "panic" button monitor on the second floor, and the lockers. Commissioner Bird asked about the portable walk-through metal detector, but Commissioner Scurlock did not wish to include that. Commissioner Bird did feel that the portable walk-through metal detector could be of use in trials where you have some concern about the emotional atmosphere, etc., and asked if it 40 could be set up in such instances and manned by existing personnel. Major Reese believed having a walk-through metal detector would be much easier than having to monitor each person separ- ately, and he further noted that women could go through the stand-up metal detector and it would not be necessary to supply women detectives to search them. Commissioner Scurlock wished to know if all the Sheriff's people at the courthouse are certified and being paid as certified. Major Reese advised that four officers are certified and two are not, but they all are being paid as certified, and Commissioner Scurlock wished that statement made a part of the record. Commissioner Bird stated that he would like to go with the portable walk-through metal detector to be used when needed because it is reusable in the new court facility.. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) authorized the purchase of 4 portable radios, one portable walk- through metal detector, lockers for storage, and the remote "panic button" monitor; or Items #2, #4, #5 and #6, not to exceed $10,000. LEASED SPACE, JURY ASSEMBLY & CLIENT/ATTORNEY MEDIATION ROOM Administrator Chandler reviewed the following: 41 NOV 7199 BOOK 0 1OV i989 BOOK ra 8 fA.6E 317 DATE: OCTOBER 23, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR ` FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SER SUBJECT: LEASED SPACE - JURY ASSEMBLY AND CLIENT/ATTORNEY MEDIATION ROOM BACKGROUND: As requested this office has been investigating the feasibility and options for leasing additional space in the Indian River County Courthouse ,vicinity for the subject use. After looking at the i various locations available and comparing all the pros and cons that accompany each site the two most logical and economical areas are submitted for consideration. 1. Pocahontas Building - Mr. John Boland, owner of this building has submitted a proposal to lease the county 1,200 square feet facing 21st Street with a connecting passage to the alley between his building and the south -side of the courthouse. It will require ninety days to have the space vacated and approximately sixty days to renovate this area. Estimated cost over a forty-eight month period of time for construction and. move -in to the new courthouse: Renovations $ 4,560 Lease @ $5.50/sq. ft. 26,400 Operating Expenses 10,445 Air Condition Unit $ 1.000 Total $42,405 2. Florida Federal Building - Mr. Henry Flick has proposed to lease to the county 1,200 square feet in this building. This area is empty and can be renovated into any configuration we desire. He offered a price of $6.60 per square foot including utilities. There is an additional 500 square feet of space available within this area at the same price per square foot. Estimated cost over a forty-eight month period of time for construction and move -in to the new courthouse: Renovations $ 5,000 Lease @ $6.60/sq. ft. 31,680 Operating expenses 5.040 Total '-$41,720 There are some advantages and disadvantages to both locations. Close proximity to the courthouse is of primary consideration due the nature of our anticipated use of the leased area. Prospective jurors of all ages will be required to travel between the courthouse and leased area. The Pocahontas building is nearest to the courthouse while a street will have to be crossed if the Florida Federal Building is selected. However, the Pocahontas does not offer any parking accommodations which could require persons to cross vehicle right-of-ways in walking to and from their mode of transportation. 42 44, If time of occupancy is a factor then the Florida Federal Building can be ready to occupy within thirty days compared to the Pocahontas area requiring approximately one -hundred and fifty days. PECOMMENDATIONS: It is requested that the Board instruct staff as to which way they desire to proceed. Also, authorize the proper budget amendment and Chairman to execute the lease. The Budget Amendment will be from General Funds Contingencies. Commissioner Scurlock wished to move approval, but Commissioner Bird noted there is not really a recommendation. Administrator Chandler agreed it wasn't clear in the staff memo. The dollars are quite close, but staff's recommendation quite frankly would be to go with the Florida Federal Building. We have done our best in estimating what the cost of renovation would be in the Pocahontas Building, but there we would not really know until we got into it and that cost could be higher. Commissioner Bird wished to know why they allocated twice as much for operating expense in the Pocahontas Building for the same amount of square footage, and Administrator Chandler explained that utilities among other things would be provided for under the Florida Federal arrangement. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Scurlock, to approve Alternative 2 and authorize the Chairman to execute the lease with Henry Flick for space in the Florida Federal Building: Judge Kanarek wished to point out that this request originally came in the form of a 5th non -jury courtroom, and he just wanted to be sure it would be constructed so it could be used for non -jury trials. Chairman Wheeler advised that it will be a multi-purpose room with its primary purpose being jury selection. He believed even a jury trial is possible if the rules can be waived for a room that is not really a courtroom. 43 NOV [BOOK 78 `fvr , rj pp^/r'''yy ��, yy11,Qy 9-8 BooK 8 f�r�GF.ei�1 Judge Kanarek asked if it was also the intent to have a visiting judge's office there. Administrator Chandler believed it is to be basically for jury selection and mediation. Chairman Wheeler commented that when he talked to Mr. Flick about this a year or two ago, he was willing to set that room up at his expense however we wanted it. In fact, he believed our original drawings for this a long time ago included facilities for a judge's office and a courtroom, but his question now is whether it is possible to have an office put in there for a visiting judge. He believed the square footage is there and there should be no additional cost to the county. Administrator Chandler pointed out that there were negotia- tions going on, and originally the owner was looking at a figure higher than this. General Services Director Dean informed the Board that at the Florida Federal Building, there was 1700 sq. ft. available, but in order to compare apples to apples, the owner agreed to reduce that down to 1200 sq. ft. when we told him we were only looking for a jury selection room and a mediation room. There are not any facilities in there to divide that up into an extra office space at this time. Administrator Chandler further pointed out that one thing not included in staff's memo is the expense of about $2,500 for the chairs for jurors and tables for mediation. Chairman Wheeler believed there was a visiting judge's office before and asked what happened to it. Judge Kanarek agreed that there was such an office until he was appointed, and now there are 3 resident circuit judges who live in the county and have offices here - Judge Charles Smith, Judge Vocelle, and himself. Next year when he is in Martin County and Judge Geiger is here, Judge Geiger will use his office except when he is here, and then we will probably have to put him in a conference room because there is no other spot at this 44 point. Judge Kanarek again stressed that the original concept was to have this start out as a 5th non -jury courtroom, and he hoped this is built so it can be used for that purpose because it is four years to a new courthouse. COMMISSIONERS SCURLOCK and BOWMAN agreed to reword their Motion to approve Alternative #2, authorizing up to $45,000 for this purpose, with the flexibility of the $2500 for furniture, and if more money is needed, staff will have to come back to the Board. Chairman Wheeler asked if this space can be used for a non - jury courtroom, and Director Dean advised there is space; there will be tables and chairs, but not a bench, and it can be used for whatever is desired. Commissioner Bird wondered if we ought to have staff look into the possibility of providing office space for visiting judges, either in addition to this space or in an existing building. Chairman Wheeler raised a question regarding maintaining an office here for visiting judges and asked why they can't just swap around offices, secretaries, etc. Judge Kanarek explained how circuit judges work out of one main office but travel to all four counties of their district because they are elected by all those counties and feel the obligation to sit in each county. He further pointed out the problems involved with asking secretaries to travel to different counties, moving their books, travel expense, etc. Judge Kanarek further believed the extra office space will be needed because, within the four year timeframe for the new courthouse, he was sure there will be a need for additional circuit judges with the continuing growth of the county and the state. Commissioner Scurlock understood that the Motion is to authorize up to $45,000 and believed the feeling of the Board is 45 NOV 1989 800K fA20 IFF" 0V °`? 689 BOOK% Pa,GE 321 that we also should authorize staff to look into additional space for an office for visiting judges and come back to the board. Board members indicated their agreement, and Commissioners Scurlock and Bowman agreed to add the above to their Motion. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion with the above addition. It was voted on and carried unanimously (4-0) with Commissioner Eggert being absent. (FULLY EXECUTED LEASE AGREEMENT NOW ON FILE IN OFFICE OF CLERK TO THE BOARD) PUBLIC GAS' REQUEST TO ABANDON A PORTION OF 4TH PLACE This item was withdrawn at the beginning of the meeting. SPECIAL ASSESSMENT (WATER) FLORAL PARK & RANCH ESTATES SUBDVS. It was announced at the beginning of the meeting that this hearing had been canceled, per the following public notice: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority 'personally appeared J.J. Schumann. Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida: that the attached copy of advertisement. being 8 r.Q NOTICE of CANCEUATION oP PUBLIC HEARING �s� 4 On Tuesday. November 7, 1959, at 9:05 India n RWer In the mallet of +_•-+ -�' Board of County Commlaattoynens meeting scheduled • miCounn Ow Byrifl tCCowming atad Its �%B Chambers Strreeet Vthe ero Beach. FL. At that Wm the Board had planned to Web - bon fototof a r� on of IInndiaconsider River �nry � In the Court, was PiB%b firming the special a�e5sm0nt In tteu of impact 11 CrO I for em Inet �` potable R� ES -.Con . netted In said newspaper In the Issues of • '. 0 3 1 1Hlg PUBLIC HEARING 1s CANCELLED AND NOTICE OF WHEN IT WILL R- ET Wim' PUBLISHED AT A FUTURE DAYS - Di 30.31,19139 • Affiant further says Thal the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mall matter at the post office In Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and alliant further says that he has neither paid nor promised any person. firm or corporation any discount, rebate, commission or relund for the purpose of securing this advertisement for publication in the said newspaper. it tom`{K. AD.19 g� � •• 1 Sworn to and subscribed before me this .31.-A.,_.31.-A.,_day • i ' ! ' _ "AN- i t.te Al' » (Buns -Manager/ 1 . A dyy (CSS al -U e.6NeditBoort-Indtan•RiveaBeanty;fIorida)" (SEAL) 46 i ; • • SITE PLAN AND SPECIAL EXCEPTION APPROVAL FOR REGIONAL WASTEWATER TREATMENT PLANT (HOBART PARK) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA r • 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 at Vero Beach in Indian River County, Florida; that,the attached copy of advertisement, being • in the matter of O'O/ir%-�5���%v in the /�%%���,G �/ Court, was pub - dished in said newspaper in the issues of [J�l/la if 19 d f • Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River. County, Florida. each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. • rJ Sworn to and subscribed before me this>..�, day of D 19 A 7 R7 (SEAL) 411- . (C-iertrOT"Ch'i' = .p"",': � y VITT-qj el —. NOTICE OF PUBLIC HEARING •.. • • Notice of hearing to consider the &ranting of. s al exception approval. lova Treatment Plant. The -subject -pioperty Is pre,'. sently owned by Indian River County lh +;., +. The subject properly Is described ae . • . The East 260 feet of the South 1050 feet `, and the South 450 .feet ot.Jhe West i ' feet'of the East 575 feet of the;SE 1 M.,the SW 14 .of Section .33: -Township 31•'' " South. Range 39 East In Indian Rive[' .-.:County: FIorlda.-LESS rightsof-ray and, g• easements. .::;;.°:t, rw, . Said lands lying withiniHoWA.Parh: . A public hearing at which parties In Interest • and citizens 'shall have an,opportunity to be" heard. win be held by the.Board of Com- • miesioners of Indlah River County. Florida. In the County Commission Chambers of the County Administration Building. located at • 1840 251h Street Vero Beach, Florida on Tuesday. Novem; . ber 7, 1989 at 9:05e.m.'..1• .. .. ... Anyone who may wish to appeal any decision which may be made at this meeting win need to " ensure that a verbatim record of the proceedings '• le made, which includes testimony and evidence upon.which the appeal Is based. INDIAN RIVER COUNTY • • ;: BOARD OF COUNTY COMMISSIONERS 'BY-s.GARY WHEELER, CHAIRMAN Oct. 18, 1989 - • 620594 Chief Planner Stan Boling made the staff presentation, as follows: N O V d 1989 1t7 Eoor. fib F,1GE.'34'4; 1464 d 1889 ,_J BOOK pAGE32J ti TO: FROM: ;DATE: SUBJECT: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert . K a€in AZCP Community Develop ent THROUGH: Stan Chief, Current John W. McCoy Staff Planner, ector Boling, AICP Development 414nt Development October 3, 1989 INDIAN RIVER COUNTY UTILITIES' DEPARTMENT REQUEST FOR SITE PLAN AND SPECIAL EXCEPTION APPROVAL FOR A REGIONAL WASTEWATER TREATMENT PLANT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 7, 1989. PROPOSED DEVELOPMENT AND LOCATION: • Masteller and Moler has submitted an application for major site .;plan and special exception approval on behalf of Indian River County Utilities Department for a regional wastewater treatment :':plant. The treatment plant is to be located at 5150 77th Street (Hobart Road), on the north side of 77th Street on the eastern boundary of Hobart Park. The subject parcel is zoned A-1 which requires special exception approval for a major utility use. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district. In granting any special excep- =:tion, the Board may prescribe appropriate special conditions and safeguards to assure the use is compatible with surrounding uses ;in the district. At.its- October 12, 1989 meetingithe Planning and Zoning Commission voted 5 to 1 to grant site plan•approval and recommend that the Board,ofCounty Commissioners grant special exception approval. ANALYSIS: . Size of Development Area: 351,030 2. Zoning Classification: A-1 3. Land Use Designation: Parks 4. Building Area: 2,219 square feet 5. Total Impervious Area: 30,096 square feet 6. Open Space Required: 50% Provided: 84.5% 7. Traffic Circulation: The project will be accessed from 77th Street via a 22' wide two way driveway. square feet or 8.0 acres 48 • In the opinion of the Public Works Director, the paving of 77th Street does not need to be tied to this project due to the low traffic generating characteristics of a sewage treatment plant. The Public Works Department is coordinating the effort to pave 77th Street from U.S. #1 to Kings Highway at some future date. 8. Off -Street Parking Required: 7 spaces Provided: 7 spaces 9. Stormwater Management: A preliminary Stormwater Management Plan has been approved by the Public Works Department, and a Type "A" stormwater permit must be issued prior to site plan release. 10. Landscape Plan: The landscape plan is in conformance with Ordinance #84-47. The plan does provide a Type "A" buffer between the plant and residentially zoned (vacant) property to the east as required by ordinance. 11. Utilities: The project will be served by an on-site well which has been approved by the County Public Health Depart- ment. 12. Special Exception Criteria: The following criteria apply to "major utility uses", the category under which the proposed wastewater treatment plant is classified. A site plan showing the proposed utility site, pursuant to the requirements of Section 23. b. A plan of the utility system, showing how the proposed facility will connect with any existing utility systems. c. A statement shall be submitted which explains the function of the proposed utility and its consistency with the goals, objectives and policies of the Indian river County comprehensive plan. d. A statement identifying any radioactive, toxic or other hazardous wastes which may be generated or utilized on - the premises. e. Heavy utility uses shall include all major electrical generation plants (generating 50 megawatts or more), major sewage treatment and disposal facilities, and major water purification plants. Any power generation facility shall be consistent with the provisions of the Florida Electrical Power Plant Sitting Act, Chapter 23, Section 23.09191 F.S., as well as the utility element of the Indian River County comprehensive plan. The disposal of all waste, gaseous, liquid or solid,. shall comply with all federal, state and local laws. h. All above -ground facilities, except distribution and collection facilities, shall be located no closer than one hundred (100) feet from property lines. i. In all zoning districts except the industrial districts, all equipment, machinery, and facilities which cannot, by their size or .;nature, be located within an enclosed building shall be separated with Type "A" screening. d 1989 49 p F'ii BOOK j f,'.;;C ,j d4i Nov 7 989 BUR 78 rsu 325 All buildings and parking and loading areas shall be located a minimum of one hundred (100') feet from any lot line adjacent to a residential zoning district. This one hundred (100) foot yard shall be heavily landscaped. Show the 100' dimension. The application meets all of the applicable above cited criteria. 13. Surrounding Land Use and Zoning: North: Vacant/A-1 South: Vacant/A-1 East: Vacant/RM-6 West: Vacant/A-1 RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners approve the special exception use. IL C.R. 610 RM -8 RM -6 1 • RM -6 77th ST • CST/ 1 t \ 1 tPIM.M 14.11 RM -6 R8-6 10 RM -e SUBJECT PROPERTY 50 Commissioner Bowman commented that it was her under- standing when the State deeded us Hobart Park that it was to be used for recreation or education only. Chief Planner Boling explained that the reason this facility is to be located here is that the treated effluent will be disposed of on the golf course and that deals with recreation. Attorney Vitunac confirmed that we are under constraints as to what we do in the Park, but he wrote an opinion 2 years ago that this would not be a violation of those restrictions. The gist of it was that we needed effluent for the golf course, and if we did not have this plant to make the effluent reuse water, they would have to go to wells on the sand ridge. He wrote that opinion to the Utilities Department and did not know if they sent it to the DER. Utilities Director Pinto informed the Board that he has a meeting scheduled this morning with the Water Management District, and one of the criteria for allowing us to put in a well is that we have to guaranty within that permit that we will use effluent for irrigation. Director Pinto also made the point that Utilities transferred some $300,000 over to the construction of the golf course to take care of effluent disposal. Attorney Vitunac further advised that he recently was asked for another opinion for having a water plant at this location but he could not find the justification. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously (4-0) accepted staff recommendation and approved the special exception use requested by the Utilities Department for a regional wastewater treatment plant to be located on the eastern boundary of Hobart Park. NOV `t 198° 51 l i]TK 18 ft,LE326 NOV '0'9 BOOK 18 FAG E')s B AFFORDABLE HOUSING REQUEST Administrator Chandler reviewed the following, noting that he asked Mr. Hinners to be here today to present his project, but he was unable to make it: TO: DATE: Board of County Commissioners . October 30, 1989 ames E. Chandler County Administrator REFERENC ES: FILE: Attached is a request from Florida Affordable Housing, Inc. to purchase land valued at $160,000 for a farm workers housing project in Felismere. Also included is a review of the. request by the Executive Director of the Housing Authority. I advised Mr. Hinners that to date the County's efforts in this area have generally been through the Housing Authority. Additionally, I indicated that considering the timing and amount involved, funding in my opinion would be unlikely. FLORIDA AFFORDABLE HOUSING, INC. 4723 W. Atlantic Ave. • Suite 9 • Delray Beach, FL 33445 (407) 495-8470 • FAX (407) 495-7147 ocj Aga October 16, 1989 Mr. James Chandler Indian River County Administrator 1840 25th Street Vero Beach, FL 32960 Dear Mr. Chandler: i:._ ADS'►�,V1sStoR v 1: 0fftCE `rhe: Z Enclosed is a request for assistance from Indian River County for affordable housing for your review. Since we have only four weeks to obtain a commit- .. went from Indian River County due to the November 14th deadline for a SAIL 'application, we would very much appreciate expeditious handling of this proposal. Please call me as soon as you have reviewed the booklet to discuss this matter. Thank you very much for your consideration. Most sincerely, 'Thomas G. Hinners President 52 Commissioner Scurlock indicated that he was not interested in any event. Commissioner Bowman believed we are always looking for affordable housing to be done by the private sector, and Commissioner Scurlock agreed but noted that they want us to come up with the money and commit $160,000. He believed a private project was done in the Gifford community on the Gary Anthony property with no contributions. Administrator Chandler pointed out that the Board's denial does not necessarily preclude them from getting their funding package, and it would not preclude them from working with our Housing Authority in the future. Commissioner Scurlock asked if the proposed project would qualify for an industrial development bond. Attorney Vitunac informed the Board that our Bond Counsel has advised that such bonds are restricted down to manufacturing plants now and this would not qualify. Commissioner Bird asked just what exactly they are asking for, and Administrator Chandler explained that they are asking for $160,000 for purchase of the land that they need for the project, and they would then show that as the local contribution. Commissioner Bowman suggested they try Fellsmere Farms for the land, but it was noted that they supply housing for their own people and apparently it is pretty decent housing. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously (4-0) denied the request from Florida Affordable Housing, Inc. STATUS REPORT ON HIRING OF CONSTRUCTION MANAGER Administrator Chandler informed the Board that by February we should have bids let on four major projects totaling in excess of 12 million dollars - the 2 Libraries, the Health Department NOV 7 '6989 53 J J BOCK. ( f AE. _ `' r NOV `d 19'9 r -_ BOOK 8 F'G[ 29 Building, and Phase III of the Jail, and he, therefore, felt there is a critical need for the county to have a Construction Manager or Owner's Representative on the site. There are any number of approaches we can take, whether it be creating a permanent position and funding it; contracting with an individual for the duration of those projects; or contracting with an individual through a major firm to provide that service. We are exploring all three alternatives but because' of the time element, he would like to have someone on board by the middle of December. The RFP will be issued next Monday, and staff has contacted 3 firms. The firms he has talked to have indicated they could have an individual here the day after award of an agreement. He also was looking at advertising this weekend indicating we want applications by the 27th of this month and then will be interviewing those applicants. It will be an extremely tight schedule in tracking this through, but the Administrator did feel it is critical and advised that he will be bringing the various alternatives back to the Board. EMS MATCHING GRANT AGREEMENT Administrator Chandler reviewed the following, explaining that we have two vehicles budgeted, and this grant is for one: TO: Board of County Commissioners DATE: November 1, 1989 THRU: James Chandler County Administrator SUBJECT: Approvof EMS Matching Grant Agreement 1h Director Doug Wrig , Emergency Management Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. -""DESCRIPTION AND CONDITIONS The Florida Department of Health and Rehabilitative Services Emergency Medical Services Matching Grant Program assists public and private organizations in improving and expanding EMS systems. Funds are collected from various traffic fines and related court 54 proceedings as authorized by Chapter 401, Part II, Florida Statutes. These funds are deposited into the State EMS Trust Fund with forty percent of the funds collected being used for the EMS Matching Grant Program. •-.On May 12, 1989, the Indian River County Department of Emergency -.:Management Services prepared and submitted an application for a ,-..matching grant related to a project area of improving and expanding the :emergency transport vehicle fleet. Informal information. immediately prior to budget hearings suggested that the County application appeared to have merit and matching funds were included in the ALS budget to purchase the additional emergency transport vehicle if HRS funded the project. ...Information provided indicates that 228 applications were submitted to HRS for matching grant funds. Only 104 applications were approved and Indian River County was notified on October 18, 1989, that matching grant funds in the amount of 829,650 were approved for '-''the purchase of an emergency transport vehicle. The funding for new equipment is structured as follows: Max• Equipment • ;Ground Transport Vehicle Mobile Radio with 4811 Med channel rig' Medical Equipment Total Applicant Cash Match State Match Total 27,500 27,500 55,000' 1, 150 1, 150 2,300 1, 000 1, 000 2,000 29,650 29,650 59,000 Indian River County budgeted a total of 870,000 for two ambulance type vehicles in FY 89-90 which included radio equipment for the vehicles. Witt( the additional 829,650 in matching grant funds, a total of 899,650.00 will be utilized to purchase the two vehicles and equip them with communications equipment for transport of EMS patients. It is anticipated that this funding is adequate and the required match will be accomplished. ALTERNATIVES AND ANALYSIS In FY 89_-90, matching grant funds were awarded to applicants whose project most clearly improved and expanded the EMS system. The applications received by HRS were reviewed for technical merit by a 14 member evaluation team. Selection of the successful applications were based upon evaluation team recommendations, numerical scores, objectives of the EMS State Plan, and availability of funds. The projects funded by the matching grant program in this fiscal year were in the areas of communications, continuing professional education, public education, emergency transport vehicle, medical/rescue equipment, system evaluation/quality assurance, and research. Staff feels that through continued efforts to seek out and apply for funding from matching grant programs, assistance is provided to the County in efforts to continue to require only a minimum of tax generated revenue for EMS operations. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the EMS Matching Grant Agreement and authorize the Chairman to execute the necessary documents to obtain funds in the amount of 829,650 from the Department of Health b Rehabilitative Services. NOV 7 1989 L. 55 78 NOV tr 1989 BOOK Kd C FAGS •33' ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the EMS Matching Grant Agreement and authorized the Chairman to execute the documents necessary to obtain funding of $29,650 from the DHRS. Commissioner Scurlock inquired about the cash flow for EMS as he understands there is a significant shortfall in terms of the revenue we anticipated. Administrator Chandler advised that staff has been monitoring this closely, and OMB Director Baird believed the reason for the shortfall is that the Medicaid payments have been slow. It is just a timing problem, and they actually are catching up now. He will be doing a report on this the beginning of next week. Administrator Chandler further explained that we had $500,000 budgeted as income from the billings we send out. This was running about $40,000 a month, but the last one was $25/30,000. If the billings were to continue at that level for all 12 months, we would have a problem, but it may be that it is cyclical and will increase when the tourists are here. The major area of concern is last month's collection. Commissioner Scurlock just wished to emphasize that we must monitor this very carefully to be sure we budgeted properly. When we decided to do this, we felt we could do it cheaper than the Hospital, and if that is not so, we have a credibility problem. Administrator Chandler assured him that we will live within the budget submitted to the Commission, and Director Baird reiterated that the final year end report will be made within the next 2 weeks. 56 MISCELLANEOUS INTERSECTION, PHASE III - ADDITIONAL SERVICES (SOUTH GIFFORD ROAD AT 43RD AVE.) The Board reviewed the following memo from Public Works Director Davis: TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Miscellaneous Intersection Phase III - Additional Services - 41st Street (South Gifford Road at 43rd Ave) ::DATE: October 31, 1989 DESCRIPTION AND CONDITIONS During the design of signalization and roadway widening improvements at the 43rd Ave/41st Street intersection, staff is of the opinion that the proposed three -lane widening along the east approach of the intersection should be extended further east -to the western driveway of the new Jail/Sheriff's Complex. The' result would be extending the three -lane roadway approximately :'.,400' to the east. The consultant, Lloyd and Associates, has agreed to extend the design for an additional fee of $2,267.50. iALTERNATIVES.AND ANALYSIS „The alternatives presented include: Alternative No. 3, ;:Include the easterly extension of the three lane #'4 �°:improvements in the project and authorize additional Okft�w?+•r��wengineering services in the amount of $2,267.50. r"5'., : r_a:.... 1-„ This alternative will provide for safe emergency vehicle ingress/egress to the Jail/Sheriff's Complex and segregate emergency vehicles from through traffic. s'Alternative No. 2 , Deny authorization of the additional services and not extend the three -lane section through the west driveway of the public safety complex. `RECOMMENDATION AND FUNDING -It is recommend that Alternative No. 1 be approved whereby 4t.: additional Engineering design services with Lloyd and Associates, .Inc. are authorized at a cost of $2,267.50. Funding to be from OFund 105-214, Gifford Road Improvement Fund. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Scurlock, the Board unanimously (4-0) approved Alternative No. 1 authorizing additional engineering design services with Lloyd & Assoc., Inc., at a cost of $2,267.50, as recommended by staff. NOV 7 1989 57 Q L F"1E: t NOV 7 i989 BOOK R/W ACQUISITION ALONG 43RD AVE. & 13TH ST. SW (THE GROVE SUBDV.) The Board reviewed the following memo from Public Works Director Davis: TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Right -of -Way Acquisition along 43rd Avenue and 13th Street SW - The Grove Subdivision Norman Hensick, Jr. REFERENCE: Letter from Norman Hensick to Jim Davis dated October 16, 1989 DATE: October 25, 1989 DESCRIPTION AND CONDITIONS Developer Norman Hensick has submitted a proposed subdivision plat application for developing a 40± acre parcel located west of 43rd Avenue and north of 13th Street SW. The parcel has approximately one-half mile frontage on both 43rd Avenue and 17th Street SW. The County currently has a 30' wide right-of-way along 13th Street SW and the developer is willing to dedicate the additional right-of-way to bring both roads to the minimum local road right-of-way width of 60', as required by County code. The developer is requesting to sell to the County the remaining 40' along 43rd. Avenue for $25,950 (1.04 acre @ $25,000 per acre) and .,:20' along 13th Street SW for $14,825 (0.59 acre @ $25,000 per acre) so that the ultimate Thoroughfare Plan right-of-way (100' along 43rd Avenue and 80' along 13th Street SW) is protected. ALTERNATIVES AND ANALYSIS The County's 20 -Year Road Construction Plan includes right-of-way acquisition of 13th Street SW, and the $14,825 funding can come from the District 6 Traffic Impact Fee Fund. The County Office of Management and Budget has determined that the $25,950 for 43rd Avenue Right -of -Way can be funded from the Secondary Road Trust Fund contingency (109-199-581-099.91). Budget amendments will be required. The cost per acre of $25,000 appears reasonable based on surrounding property values, and a recent purchase contract that Mr. Hensick has been offered towards sale of the property. Alternative No. 1 Approve purchasing the additional right-of-way at this time. Since both roads are collector or arterial roadways, right-of-way protection is necessary. An appraisal has not been obtained, however, $25,000/acre appears reasonable for the subject area. Alternative No. 2 Deny purchasing the additional right-of-way. This would permit the developer to include the proposed right-of-way area within the lots he is platting. RECOMMENDATION AND FUNDING Alternative No. 1 is recommended. Funding in the amount of $25,950 to be from Secondary Road Trust Fund 109 for 43rd Avenue and $14,825 from District 6 Road Impact Fees. 58 ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Scurlock, the Board unanimously (4-0) approved Alternative No. 1 as recommended by staff. EXCHANGE OF R/W DEEDS FOR 47TH ST. BETWEEN U.S.I & OLD DIXIE (INDIAN RIVER PACKING CO. - T. M. BARNES) The Board reviewed the following memo: TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Exchange of Right -of -Way Deeds for 47th Street between US 1 and Old Dixie Highway - Indian River Packing Co. (T.M. Barnes, Owner) REF. MEMO: Lea Keller to James Davis dated Oct. 27, 1989 DATE: October 30 1989 DESCRIPTION AND CONDITIONS During implementation the Gifford Sewer Construction project and paving of 47th Street (a local road west of US 1), the County staff and Indian River Packing Co. have mutually agreed to an exchange of right-of-way deeds to realign 47th Street. The attached deed accomplishes this exchange on the County's behalf (0.10 acre involved). Indian River Packing Co. is executing a similar deed, and all instruments are being executed and placed in escrow until a time for exchange is determined. ;ALTERNATIVES AND ANALYSIS ' Since no monetary compensation is involved in the transaction and both staff and the property owner have cooperated in the V,construction of improvements within the 47th corridor, the only „f.alternative presented by staff is to approve the exchange of - deeds. RECOMMENDATION It is recommended that the Chairman be authorized to execute the attached deed to be put in escrow until the exchange is made with Indian River Packing Co. No funding considerations are applicable. NOV 1989 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, to authorize the Chairman to execute the above described deed as recommended by staff. 59 POUF r�Li NOV 7 1999 BOOK 18 PAGE 335 Public Works Director Davis informed the Board that we are going to be holding these deeds in escrow until we can identify that there are not some underground utilities in the property we are giving up, and he would like authorization to do this. Commissioners Scurlock and Bowman agreed to add the requested authorization to the Motion. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion with the above addition. It was voted on and carried unanimously (4-0) with Commissioner Eggert being absent. (COPIES OF FULLY EXECUTED DEEDS NOW ON FILE IN OFFICE OF CLERK- TO THE BOARD) ACQUISITION REMAINING R/W PARCELS, I.R.BOULEVARD PHASE IV Public Works Director Davis reviewed the following: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Donald G. Finney, SRA�""��L. Right--of-Way Acquisition Agent SUBJECT: Purchase Authorization - Right -of -Way Remaining Parcels, Indian River Boulevard Phase IV DATE: November 1, 1989 DESCRIPTION AND.CONDITIONS On May 30, 1989, the Board authorized staff to make a formal offer to each property owner along Indian River Boulevard, Phase IV project to purchase needed right-of-way for the updated appraised value for all remaining parcels. Attorney B. T. Cooksey represents 6 of the 7 remaining property owners and they are agreeable to sell to the county the right-of-way parcels at the May 1989 updated appraised values by Napier Appraisal Services and Armfield Research, Inc. as follows: Parcel #12 T. Kennedy 3.389 acres Attorney Fee 60 $130,000. $ 5,200. a Parcel #19 & 19B W. Luther 4.281 acres Attorney Fee Parcel #101 Mrs. Lloyd Knight 1.931 acres Attorney Fee Parcel #102 C. Reed Knight 6.846 acres Attorney Fee Parcel #103 D. Victor Knight 6.06 acres Attorney Fee Parcel #104 $150,000. $ 6,000. $ 61,792. $ 2,472. $321,419. $ 12,857. $356,653. $ 14,266. C. Bobo 4.051 acres $247,402. Attorney Fee $ 4,948. The above values include severance damages, loss of income and uneconomic remainders where applicable. The seller retains the right to harvest and maintain the citrus crop until construction begins, and seller indemnifies the county. All Parcels to be closed in 1989. RECOMMENDATION AND FUNDING Staff requests authorization to purchase the remaining parcels at the appraised market values. Total purchase price and attorney's fees are $1,313,009 and an additional $20,000 is estimated for incidental recording, title insurance and miscellaneous fees. • Funding in the amount of $580,000 is available in the Indian River County District 4 Traffic Impact Fee Fund, 101-154-541-099.21 and the remaining $753,009 is available in Fund 109, Secondary Road Trust Fund. The County Attorney's office has prepared a purchase agreement form for each parcel. A budget amendment is attached and is recommended for approval. NOV r 1889 saa: s�ROAD -ROUTE 7f�Nfi — ROAO t w,p.ft �. 23 T 24 LOCATION ,IN b/AN RivER. BOU1.CVAP.b PHASE. Rug.: • • • • 41!! 911Lt #103 c.RaaV. M- Klbt , © 0 • Irl av;41. — 1 r 28 26—s�nbeten NO l *YE C —tar I PROJECT hog .Pivtr. 5A.4ae Norh t 61 One By 1 Job H. F Oa. BOOK ,-� /o PAGE J30 NOV BOOK 10 PAGE 33 Director Davis informed the Board that on Item #19 and 19B (Luther) there is about an 1/2 acre parcel along 53rd Street which was mistakenly left out of the memo. The value of that parcel is about $18,000, and they are requesting that it be added to the memo and the recommendation. Chairman Wheeler inquired about valuing the 1/2 acre at $18,000, and Director Davis explained that it is located on 53rd Street right across from the property purchased by the Shopco group for the mall, and it translates to $36,000 an acre which is not out of line with the other appraisals. MOTION WAS MADE by Commissioner Scurlock to approve staff recommendation including the added 1/2 acre as described and valued at $18,000. Commissioner Bird noted that at the time we came up with the alignment, he believed we worked with the Grand Harbor group and they did their development around it. He did not know how accurate the drawing is, but if we could have pushed that align- ment a bit to the east, it looks as if we could have done it all within the Grand Harbor development and thereby eliminated having to buy R/W from some of these parcels. He wished to know if there is any possibility of shifting that R/W to the east. Commissioner Scurlock advised that we established a value for the portion that goes through Grand Harbor and gave them that value as a credit towards traffic impact fees, and Director Davis further advised that we had a series of alignments evaluated, and one of the objectives was to locate the roadway westerly to avoid any environmentally sensitive lands. He also pointed out that if you look at the map, the Indian River converges and the land mass between U.S.I and the river decreases as you go north and the R/W width for the Boulevard is 200'. Asst. County Attorney Collins passed out copies of the standard purchase agreement that Attorney Cooksey has worked with 62 us to develop. He noted there may be some deviations on certain parcels. For instance, on the D. Victor Knight parcel, he is holding that as a trustee for a dissolved corporation and that will require some minor revisions. Director Davis stressed that the R/W acquisition on Indian River Boulevard, particularly Phases III and IV, is complicated; Attorney Collins has spent a tremendous amount of time on this; and he wished to express his appreciation of the job Attorney Collins has done for Public Works. COMMISSIONER BIRD SECONDED the MOTION made earlier by Commissioner Scurlock, to approve the listed purchases with the addition and also Budget Amendment #009, including that addition: THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Directo SUBJECT: BUDGET AMENDMENT NUMBER: 009 DATE: November 2. 1989 REVISED: 11-21-89 Entry ',lumber Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE ROAD IMPACT FEE/Cash Forward 101-000-389-040.00 $ 598,000 $ 0 SEC. RD. TRUST/Cash Forward 109-000-389-040.00 $ 753_.009 $ 0 I.R. BLVD. NORTH/Transfer In 309-000-381-020,00 51.351.009 $ 0 EXPENSE ROAD IMPACT FEES District IV/Transfer Out 101-154-541-099.21_$ 598.000 $ 0 SECONDARY ROAD TRUST FUND/ Transfer Out 109-199-581-099.21 $ 753.009 $ 0 INDIAN RIVER BLVD. NORTH Riaht of Wav 309-214-541-066.12 $1.351.009 $ 0 SAID PURCHASE AGREEMENTS WILL BE MADE A PART OF THE RECORD WHEN NOV `d 1989 FULLY EXECUTED AND RECEIVED. 63 POGO OV `:989 BOOK . 8 PAGE 339 AGREEMENT FOR TEMPORARY WATER SERVICE (ELMER DUNKMAN) The Board reviewed memo from Engineer Scott Doscher: DATE: OCTOBER 18, 1989 TO: FROM: SUBJECT: JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTILI 4014" �• VICES AGREEMENT INDIAN RIVER COUNTY AND ELMER H. DUNKMAN TEMPORARY WATER SERVICE PREPARED AND STAFFED BY: SCOTT C. DOSCHER PRIVATE PROJECTS ENGINEER DEPARTMENT OF UTILITY SERVICES. BACKGROUND Mr. Dunkman has requested that a temporary service be installed from the water line on Kings Highway to service his property at 5760 36th Place, Vero Beach, FL 32960, prior to the installation of a water main on 36th Place. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide a temporary water service to Mr. Dunkman until such time that a water line is constructed on 36th Place by assessment. Mr. Dunkman agrees to pay all fees required to makethis connection. He further agrees to participate in the assessment and to reconnect to this water line as required by `:: IRCDUS . :::.. ,FM '.RECOMMENDATION `.The Department, of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Mr. Dunkman. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) approved Agreement with Elmer Dunkman for temporary water service. COPY OF SAID AGREEMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 64 DEVELOPER'S AGREEMENTS WATER & WASTEWATER (COPELAND'S LANDING) The Board reviewed memo from the Department of Utilities: DATE: AUGUST 9, 1989 TO: FROM: SUBJECT: JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTILIT ICES DEVELOPER'S AGREEMENT COPELAND'S LANDING IRC PROJECT NO. FW -CDS -312 'PREPARED AND STAFFED BY: SCOTT C. DOSCHER ScPRIVATE PROJECTS ENGINEER DEPARTMENT OF UTILITY SERVICES. BACKGROUND The Copeland's Landing Development Company is building a water treatment plant and water distribution system, a wastewater treatment plant, and a low pressure collection/transmission system to service a 71 lot subdivision and a 28 unit planned residential development. The lift station for the project is being oversized and deeded to the County to be used as a master lift station for the North County Regional System. ANALYSIS • The water treatment plant will be deeded to the County upon completion. The real property comprising the plant site will be leased to the County until such time that County water is made available to the subdivision. At that time, the water distribution ;system will be connected to the County system, and the treatment plant will be removed by the County. The lease on the real property will:. cease at the time that the plant is removed. ..‘The wastewater treatment plant will be deeded to the County upon completion. The real property comprising the plant site will be • leased to the County until such time that County wastewater 'treatment is available to the project. At that time, the wastewater -,transmission system will be connected to the County system, and the ::,wastewater treatment plant will be removed by the County. The lease :f.on the real property will cease at the time that the plant is removed. Impact fees for each lot or unit shall be paid at the time of lbuilding permit issuance. The Impact Fee amount of $6,840.00 will be credited against Copeland's Landing impact fees in consideration t''for the developer oversizing the master lift station wet well and electrical components. pECOMMENDATION eThe Department of Utility Services recommends that the Board of ,:,County Commissioners approve the attached Developer's Agreement with y_Copeland's Landing Development Company. 10\i 6989 65 ` POOK i 0 E i E .340 INOV 7 19 BOOK 78 ME 341 ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) approved Developer's Agreements with Copeland's Landing, Inc., for installation of Water and Wastewater Facilities and Service. SAID AGREEMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. WATER SERVICE AGREEMENTS & ASSOCIATED CONSTRCTN OF WATER LINES - (CHANGE ORDER TO CONTRACT FOR NO. CO. LIBRARY UNDERGROUND UTILITIES RELOCATION WORK) The Board reviewed memo from Engineer McCain: DATE: TO: FROM: SUBJECT: PREPARED AND BACKGROUND In the past few months, several agreements have been approved by the Board of County Commissioners to supply water to potential In all of these agreement locations, we will have future districts. The locations for construction as OCTOBER 20, 1989 JAMES E. CHANDLER COUNTY ADMINISTRATO / TERRANCE G. PINTO/ DIRECTOR OF UTILIP SERVICES WATER SERVICE AGREEMENTS AND THE ASSOCIATED CONSTRUCTION OF NECESSITATED WATER LINES STAFFED BY: WILLIAM F. McCAIN CAPITAL PROJECTS G NEER DEPARTMENT OF UTILITY SERVICES -customers. assessment follows: 1. 17th Avenue and 2nd Street 48th Court and 16th Street 8th Court and 2nd Street ,PANALYSIS To accomplish this work, we wish to execute a Change Order to an ')aexisting contract that the Building and Grounds Division has with ars Ted Meyers Contracting Company. The contract is Indian River County �t ;Project No. 88-06, North Community Library - underground utilities relocation work. The contractor is proposing to do the Change Order ;,Work at the same unit prices as the original contract. The cost of Approved Approved Approved are September 5, 1989 October 17, 1989 October 17, 1989 66 these projects will ultimately be paid for by future assessment districts, and the parties with whom we have entered into agreements with (see attached agreements). The funds for these projects will come temporarily from the impact ;fee fund, with a total cost of $17,723.19 (see attached Change Order) . RECOMMENDATION ,The staff of the Department of Utility Services recommends that the :Board of County Commissioners approve the attached Change Order. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved Change Order No. 1 with Ted Myers Contracting Co. under the Contract for the North County Library Utilities Relocation Work. Page 1 of 4 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE: $22,645.70 DATE: REVISED CONTRACT PRICE: $40,368.89 JOB NAME: INDIAN RIVER COUNTY PROJECT #88-06 NORTH COUNTY COMMUNITY LIBRARY SITE UNDERGROUND UTILITIES RELOCATION WORK OWNER: INDIAN RIVER COUNTY The amount of the Contract will be increased by the sum of: .Seventeen Thousand Seven Hundred Twenty-three and 19/100 Dollars T ($17,723.19). The Contract total, including this Change Order, will be: Forty Thousand Three Hundred Sixty-eight and 89/100 Dollars ($40,368.89). The contract time provided for project completion will be unchanged. This document will become a supplement to the Contract and all provisions will apply hereto. See attached proposals for unit price breakdowns. CONTRACTOR: OWNER: NOV 37;" .a7K.Giko DATE: /O -.02y 19 Ai/ c DATE: 1/-- 7 - ? Terrance G. Pinto, Director Indian River County Utilities Department 67 BOOK l 8 F'A1c 34 NOV T0: TED MYERS CONTRACTING CO. P.O. BOX 229 WINTER BEACH. FLORIDA 32971 Indian River County 1840 25th Street Vero Beach, FL 32960 567.8390 PROPOSAL PROJECT: 2nd Street & 17th Avenue C b 114A444R..} BOOK 1.8 MJEliC11 Page 2 of 4 DATE: September 13, 1989 QUANTITY DESCRIPTION UNIT PRICE TOTAL -N 160 LF 6" DR 18 - C900. $ 10.89 '."414W, ..ti...: �'1EA . . 6 x 1 Short Service 220.00 • .,r.. 1 EA 2" Temporary Blow -off with cap 195.00 -1 EA ..:....i... Testing 120.00 1 EA B -T Testing 130.00 2 EA Restore Driveway 85.00 1 LS Restoration 360.00 TO: TED,MYERS CONTRACTING CO. P.O. BOX 229 WINTER BEACH, FLORIDA 32971 Indian River County 1840 25th Street Vero Beach, FL 32960 567.8390 PROPOSAL PROJECT: 48th Court & 16th Street 04,1810 getAotiPatO $ 1,742.40 220.00 195.00 120.00 130.00 170.00 360.00 TOTAL $ 2,937.40 Page 3 of .4 • DATE: October 13, 1989 QUANTITY DESCRIPTION UNIT PRICE ';,,511 :. LF ::,, 6" DR 18 $ 10.89 $ 5,564.79 1 .:`;EA "" 6" Valve & Box 407.00 407.00 1 EA Blowoff 195.00 195.00 1 .EA B - T Test 130.00 130.00 3 EA Driveways Rock 85.00 255.00 415 IS Restoration 670.00 670.00 1 EA 1" Short Service 220.00 220.00 1 EA Testing 120.00 120.00 2 EA Driveway Asphalt 450.00 900.00 TOTAL $ 8,461.79 68 TED MYERS CONTRACTING CO. P.O. BOX 229 WINTER BEACH, FLORIDA 32971 567-8390 PROPOSAL T0: Indian River County 1840 25th Street Vero Beach, FL 32960 PROJECT: 8th Court & 2nd Street i .4.6.. .vr+M.o) Page 4 of 4 DATE: October 13, 1989 QUANTITY DESCRIPTION um PRICE TOTAL' 100 LF 300 .LC 100 LF 1 EA 1 EA 1 EA 1 EA 1 EA 2 EA 1 LS 6" DR 18 $ 10.89 4" DR 18 8.80 2" DR 21 5.40 2" Blowoff 195.00 1" Long Service (Box No Meter) 290.00 R & R Asphalt (Trench Only) 450.00 Fittings 200.00 B - T Test 130.00 Restore Driveway 85.00 Restoration 620.00 • $ 1,089.00 2,640.00 540.00 195.00 290.00 450.00 200.00 130.00 170.00 620.00 TOTAL $ 6,324.00 COLLATERAL ASSIGNMENT OF LEASE BETWEEN COUNTY AND MEDIA VI Asst. County Attorney Brennan reviewed the following: OV TO: Board of County.Commissioners Indian River County, Florida FROM: Sharon P. Brennan - Assistant County Attorney DATE: October 30, 1989 SUBJECT: Collateral Assignment of Lease Between Indian River County and Media VI On September 12, 1989 this Board granted its Consent to Assignment of a non-exclusive license to use transmission tower space from Palm Coast Communications, Inc. to a newly formed Florida general partnership, known as Media VI. The assignment of the lease was allowed pursuant to Section 4, page 3 of the original lease agreement, and the Board had previously agreed to an assignment of the lease in 1985. Bruce Barkett, representing Media VI, requests that the Board also consider a Collateral Assignment of the lease between Media VI and Barnett Bank of Indian River County as well as a Consent of Lessor (the County) to the Collateral Assignment. He has provided proposed forms for these agreements which are attached for your information. The 69 POOK. 1 0 FAGE, t-� BOOK n BOOK. P t " County Attorney's Office would recommend that, if the Board ' grants conceptual approval to the Collateral Assignment of the lease, that these forms be modified to the satisfaction of this office. Also attached please find the Consent to Assignment which the Board approved on September 12, 1989. ,:I have spoken to Doug Wright, Director of Emergency Management Services, about the request and the notification requirements which the County is being asked to meet in the ''Lessor's Consent. He advised me that under the current procedure fon monitoring lessee, such notification to Barnett would not present difficulties for his department. Attorney Brennan advised that the County Attorney's office has no objection to conceptual approval by the Board but would want to change the forms that were provided somewhat if the Board does approve the request. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) granted conceptual approval to the Collateral Assignment of the lease as recommended by staff and authorized execution subject to approval of the form by the County Attorney's Office. SAID DOCUMENT WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED. SPECIAL LEGAL DEFENSE FUND ASSESSMENT - FLA. ASSOC. OF COUNTIES County Attorney Vitunac reviewed the following: 70 TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: October 20, 1989 RE: SPECIAL LEGAL DEFENSE FUND ASSESSMENT FLORIDA ASSOCIATION OF COUNTIES The attached letter from the Florida Association of Counties is requesting that Indian River County, through the County Attorney's Office, donate $800 to the Special Legal Defense Fund for representation of all counties in matters of state-wide Importance. Since this matter was not anticipated it was not budgeted in my budget, and I am requesting direction from the Board on whether to participate with the Florida Association of Counties or not. Thank you very much. Commissioner Scurlock felt this request should be denied as he believed the Association is aware of the budget year. Attorney Vitunac noted that this is the group that represents all counties' interests at the state level. They have no state funds for this purpose other than what the counties give them. Commissioner Scurlock commented that actually small counties often have different interests than the larger ones and sometimes are at cross purposes with the larger ones. He, therefore, would rather see this funded on the basis of us wishing to participate for that particular item. Commissioner Bird noted that he hates to be a member of the Association and not participate unless we have strong reasons. He asked Attorney Vitunac how he felt about this. Attorney Vitunac advised that he could write a letter saying that we will consider this next year at budget time as he did feel the Association should be aware of budget constraints. Commissioner Scurlock continued to stress that there are significant differences between the large and small counties and expressed concern that we will be funding an action that may not be in our interest. He felt not enough details have been 71 99 BOOK 78 F[34 NOV 7 i989 BOOK P9:,F ..4 supplied and suggested that Attorney Vitunac in his letter could ask for their agenda and what they anticipate. Attorney Vitunac agreed that he will write the Association requesting more details. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Scurlock, the Board unanimously (4-0) deferred action on the above request until Attorney Vitunac brings more information back to the Board. ANNUAL APPOINTMENT OF TCRPC MEMBERS The Board reviewed letter written to Chairman Wheeler, follows: recvure cregionalo pIannig council onorable Gary Wheeler, Chairman Indian River County Board of Commissioners 1840 25th Street, Suite N-158 Vero Beach, FL 32960 as OiSTPtBUTION LIST catar Attorney nee 1 Public-. Works Community Cev. Finance •her Subject: Annual Appointment of Council Members Dear Chairman Wheeler: In accordance with Council's Rules of Organization, the December meeting is designated as the Annual Meeting, at which time the appointment of all members and alternates is to occur. It is therefore requested that the Board of County Commissioners take the necessary action to appoint members and alternates for the upcoming year. In the case of Indian River County, three members and three alternates need to be appointed (two county, one municipal). It should be noted that all alternates must be elected officials. 72 Additionally, the bylaws do not specifically indicate that municipal appointments must be either appointed or approved by the county. Each county is assigned the number of appointments and the method for making the appointments is ;`•`_left to the discretion and cooperation of the local governments in the area. ;Finally, it would be appreciated if the County would notify Lthe Council of the appointments, including mailing addresses `` rr,and telephone numbers, as•soon as possible, so that the J3 agenda packet for the December meeting can be provided in a timely fashion. a. Daniel M/ Cary Executive Director Commissioner Scurlock suggested that we keep the same members if they are willing to serve, and Chairman Wheeler understood that they are all willing to serve. Commissioner Bird asked about the rotation among the municipalities, and Board Administrative Asst. Liz Forlani advised that the rotation took out the City of Vero Beach. Indian River Shores will be the municipal representative and Fellsmere will be the alternate for the next three years. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner. Bird, the Board unanimously (4-0) agreed to reappoint Commissioners Eggert and Bowman with the same alternates and to ask the municipalities to designate their representatives if they wish. PROPOSED COMMITTEE TO HELP DEVELOP BOATING REGULATIONS The Board reviewed memo from Commissioner Bowman: Memo To: BBC and County Administrator From: Commissioner Bowman The Florida DNR, Division of Marine Resources, .is developing new boating regulations to improve boating and skiing safety and protection of manatees. The BCC has already expressed a desire to participate in formulating regulations that will affect the waters of the county. NOV 7 1989 73 AMOK 78 F1GE 348 NOV X980 BOOK 78 PAGE 3 4 L On Oct.24 some site-specific regulations, not yet in effect, were adopted by the Cabinet for Brevard Co. Other rules are still being developed; hence, now is the time for the County to become involved by making general and site- specific suggestions to the DNR, including the St. Sebastian River that is in both counties. The BCC should appoint an ad hoc committee of at least 5 and not more than 9 interested persons to propose regulations re. the use of the waterways of the Lagoon and the Sebastian River, and to report to"the BCC soonest. The committee should include: 1. One marina owner/operator/ or agent of same 2. One commercial fisherman 3. One sports fisherman 4. One representative from Audubon 5. One upland owner from the Sebastian watershed 6. One upland owner from the Ind. River Lagoon watershed 7. One recreational boater 8. One county commissioner 9. One marine biologist In 13 counties, including Indian River, where there are Targe manatee populations, there is a restrictive state policy re. marinas. It will be in effect until the county adopts and implements an approved manatee protection plan, and a boating facility siting plan. The BCC should instruct the IRC Dept. of Community Development to prepare a marina siting plan for 1. R. county in conformance with the county's goals of manatee protection, boating and skiing safety, protection of natural resources, including seagrasses, mollusk beds, and mangroves. Commissioner Scurlock asked how our existing committee relates to the river. Chairman Wheeler explained that Commissioner Bowman is on the Sebastian River Committee, and he is on the Narrows Committee for the south portion of the Lagoon. He continued that 3 years ago he requested that the Marine Advisory Committee be formulated, which is close to what this would be, but last year we incorporated the Narrows Committee and the Marine Advisory Committee into one committee and have about 20 people on that Board. He felt either they could address this, or possibly it would be better to have another committee look at this specifically. Commissioner Bird felt 20 is a rather unwieldy number and that it might make sense to have a subcommittee to address this. Commissioner Bowman confirmed that what she is suggesting is an ad hoc committee which would be concerned solely with 74 developing new boating regulations to improve safety and also protect manatees. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, to appoint an ad hoc committee to be composed as Commissioner Bowman has outlined in the above memo and specify that the committee sunset after completion of that one activity. Attorney Vitunac noted that it cannot be an ad hoc committee if it is appointed by the Board. It would be a real formal committee, and Commissioner Scurlock felt that would be fine. Appointments were discussed, and Administrator Chandler noted that timing is of the essence since we only have about 60 days to get back to the state. Chairman Wheeler believed he can have recommendations for appointments back by next week, and Commissioner Bowman advised that she has already written Brevard County and asked them to send us their data. They were under an emergency ruling in regard to the. Banana River. Administrator Chandler further advised that staff already has started to do some research and can provide input to this committee. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). RESOLUTION DEFENDING ISLANDS IN THE SEBASTIAN RIVER AGAINST OWNERSHIP CLAIM Commissioner Bowman informed the Board of the communication she received from the Friends of the Sebastian River, as follows: N OV a 1989 75 t ) t a"` BOOK. 7 F',.GE JOU . NOV 7 i 00 00 F � � n BOOK FAH 351 THE BOARD OF DIRECTORS OF THE FRIENDS OF THE SEBASTIAN RIVER, INC. CONSENT TO ACTION WITHOUT A BOARD MEETING The undersigned consent to adoption of Resolution No. 1_89 of the Board of Directors of the Friends of the Sebastian River, Inc. requesting the County Commissions of Indian River County and Brevard County and Florida Audubon Society to defend against Case No. 89-0631CA13 in the Indian River County Circuit Court filed by Standish F. Crippen, Jr. seeking to quiet title to islands lying in the channel of the Sebastian River rd_tc. - otect the public interest in said islands. Dated: ii/y1 Dated: Dated: Dated: j/)440 Zy Dated :1 lLL�1A , Dated: y1�W (?G5 Dated: n-q-s-ci Dated : /1" �- 5-7 Dated: -81 Dated: Dated: Dated: t\^S—S9 Dated: 1/04_-_47 Dated: dt-6-P1 Dated: Commissioner Bowman stated that she would like the Board to pass a Resolution as requested by the Friends of the Sebastian River, affirming that the islands should be held for the public use and benefit and send a copy to the DNR. A ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) adopted Resolution 89-141 as requested by the Friends of the Sebastian River. 76 RESOLUTION NO. 89-141 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REGARDING ISLANDS IN THE ST. SEBASTIAN RIVER. WHEREAS, the State of Florida is investigating priority purchase of lands around the St. Sebastian River under the CARL Program for the purpose of establishing a manatee sanctuary; and WHEREAS, the restoration and preservation of the St. Sebastian River and Its tributaries to their natural state, including without limitation, the preservation of islands would further the manatee preservation objective; and WHEREAS, on October 5, 1989 Standish F. Crippen, Jr. filed Case No. 89 -0631 -CA -13 in the Circuit Court in and for the Nineteenth Judicial Circuit in Indian River County seeking to quiet title to four islands lying in the channel 40 of the St. Sebastian River; and WHEREAS, based upon a. title report issued by Commercial Title Services, Inc. of Vero Beach on August 16, 1985, substantial doubt exists as to whether Standish F. Crippen, Jr. has a legitimate claim to said islands; and WHEREAS, pursuant to quit -claim deeds in 1969 from adjoining upland owners, the Florida Audubon Society has an interest in said islands; and WHEREAS, said islands lie within the jurisdiction of both Indian River and Brevard Counties and each county is interested in said islands; and 'WHEREAS, said islands should be preserved for the public use and benefit; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the State of Florida, through the Department of Natural Resources, is asked to intervene in Case No. 89 -0631 -CA -13 in the Nineteenth Judicial Circuit in and for Indian River 77 NOV `‘ X989 BOOK 78 rA. jJ Cf BOOK F•1wE r tj,jq + County to assert their interests in .said islands as sovereignty lands and to protect the public interest in said islands, or to advance their interest in a manatee preservation sanctuary, by defending against the claims filed by Standish F. Crippen, Jr. seeking to quiet title to the islands lying in the St. Sebastian River. This resolution was offered on the motion of Commissioner Scurlock and seconded by Commissioner Bowman, and, being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Absent Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of November, 1989. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Gary C%/ Wheeler, Chairman There being no further business, on Motion duly made, seconded and carried, the Board unanimously adjourned the meeting at 11:15 o'clock A.M. ATTEST: Clerk Chairman 78