HomeMy WebLinkAbout8/7/19900
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
REGULAR MEETING
AUGUST 7, 1990
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman James E. Chandler, County Administrator
Richard N. Bird, Vice Chairman
Margaret C. Bowman Charles P. Vitunac, County Attorney
Don C. Scurlock, Jr.
Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board
9:00 AM 1. CALL TO ORDER PAGE
2. INVOCATION -
3. A. PLEDGE OF ALLEGIANCE - Commissioner Margaret C.
Bowman
B. PRESENTATION of Retirement
Recognition - Anders Taranger
C. PRESENTATION of Proclamation to
Vero Beach High School Chorus
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. To Item C on the Consent Agenda, the addition of
appointment of Louis Parente to replace Robert D.
Bradshaw on the Transportation Planning Connittee.
2. Auth. for Chairman to send letter in support of Riversid
5. APPROVAL OF MINUTES Theater.
A. Approval of Minutes of Regular
Meeting of June 26, 1990
B. Approval of Minutes of RegulaR
Meeting of July 3, 1990
6. CONSENT AGENDA
A. Received and Placed on File in
Office of Clerk to the Board:
Minutes of Annual Meeting of
Landowners of Sebastian River
Water Control District held
June 6, 199q in Vero Beach; and
Report of Convictions, Month of
June, 1990
BOOK N,'6E P �t
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6. CONSENT AGENDA - CONTINUED PAGE
B.- Approval of Appointments of Deputy
Sheriff by Sheriff Tim Dobeck:
Gary A. Oliver
Mary E. Youngblood
Ronald E. Meadows II
Robert Kenneth Foreis
Roberta J. Garner
C. Acceptance of Robert D. Bradshaw's
Resignation from Transportation
Planning Committee
(Letter dated 7i18/7U)
D. Final Plat Approval for Laurel
Oaks Subdivision
(Memorandum dated 7/27/90)
E. Authorize Management & Budget
Director to do the Necessary
Amendments for Balancing the
Budget for the 1989/90 Fiscal
Year
(Memorandum dated 7/25/90)
F. Right-of-way Deed Exchange
(Memorandum dated 7/25/90) '
G. Occupational License Taxes
Collected During Month of
July, 1990
(Memorandum dated 8/1/90)
H. Streetlights, Laurel Oak
Subdivision
(Memorandum dated.8/1/90)
I. Amendment to Medical Examiner
Contract
(Memorandum dated 7/25/90)
J. Release County Utility Liens
(Memorandum dated 8/1/90)
K. Assignment of IRC Jail Phase III
Contract from Robert F. Wilson,
Inc. to Sovran Construction Co, Inc.
(Memorandum dated 7/24/90)
L. Approval of Directive #1 for the
Main Library from the Friends of
the Library's Portion of the Lowenstein's
Bequest
(Memorandum dated 5/24/90)
7. CLERK TO THE BOARD
None
9:05 AM 8. A. PUBLIC DISCUSSION ITEMS
Request for Funds for Vero Beach
Creative Playground
(Letter dated 7/26/90)
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9:05 a.m. 8.
9.
10.
B. PUBLIC HEARINGS
1) Vero Stor-All's Request for
Abandonment of a Portion of
4th Place
(Memorandum dated 7/24/90)
2) ORDINANCE ADOPTING AMENDMENTS
RELATING TO THE SOLID WASTE
DISPOSAL DISTRICT ORDINANCE
AS ORIGINALLY ADOPTED BY
ORDINANCE NO. 87-67, AS
AMENDED BY ORDINANCES NOS.
88-32 AND 89-25: PROVIDING
FOR MANDATORY COLLECTION AND
RECYCLING: PROVIDING FOR
AMENDED AND ADDITIONAL
DEFINITIONS: PROVIDING FOR
PERMIT REQUIREMENTS AND
MINIMUM STANDARDS OF ISSUANCE:
AND PROVIDING FOR AN EFFECTIVE
DATE -
(Memorandum dated 7/2/90)
COUNTY ADMINISTRATOR'S MATTERS
None
DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY MANAGEMENT
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pr of ree w h
So obYlity
at 7/ Meetin
C. GENERAL SERVICES
1) North County Office Space
Lease
(Memorandum dated 7/30/90)
2) IRC Bid 90-92, Furnishing
Rental Uniforms
(Memorandum dated 7/30/90)
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None .
G. PUBLIC WORK$
1) Widening of No. Gifford Rd.
(45th St.) RR Crossing
(Memorandum dated 7/31/90)
2) Release of Retainage, Petition
Paving Projects, Coastal
Technology Corp.
(Memorandum dated 7/30/90)
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10. DEPARTMENTAL MATTERS - CONTINUED PAGE
H. UTILITIES
1) Agreement between IRC and
Clayton, Williams & Sherwood, Inc.
(Memorandum dated 7/31/90)
2) C.O. 0 to the Ind.••Rvr. Blvd.
ForceMain Contract with Owl and
Assoc.; and a Work Authorization
Modification to Kimball/Lloyd
and Assoc. Inc.
(Memorandum dated 7/31/90)
3) Work Authorization No. WW -4A
Addendum with Masteller and
Moler Assoc. Inc.
(Memorandum dated 7/31/90)
11. COUNTY ATTORNEY
None
12. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
B. VICE CHAIRMAN RICHARD N. BIRD
Representation on SJRWMD Recreation
Advisory Committee
(Memorandum dated 7/23/90)
C. COMMISSIONER MARGARET C. BOWMAN
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER GARY C. WHEELER
13. SPECIAL DISTRICTS
SOLID WASTE DISPOSAL DISTRICT
A. Approval of 6/26/90 Minutes
B. Permit Requirements, Engineering
Services
(Memorandum dated 7/10/90)
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
BE BASED.
Tuesday, August 7, 1990
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,
August 7, 1990, at 9:00 o'clock A.M. Present were Carolyn K.
Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C.
Bowman; and Gary C. Wheeler. Absent was Don C. Scurlock, Jr.,
who was on vacation. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; OMB Director
Joe Baird; and Barbara Bonnah, Deputy Clerk.
The Chairman called the Meeting to order, and Commissioner
Bowman led the Pledge of Allegiance to the Flag.
PRESENTATION OF RETIREMENT RECOGNITION - ANDERS TARANGER
Chairman Eggert presented Anders Taranger of the Landfill
Division with a plaque in commemoration of his retirement from
Indian River County, and thanked Mr. Taranger very much for his
13 years with the County as a very devoted and productive
employee.
9
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PRESENTATION OF PROCLAMATION TO VERO BEACH HIGH SCHOOL CHORUS
Chairman Eggert presented Choir Director Gary Miller with
the following proclamation, and on behalf of the entire chorus,
Mr. Miller expressed their appreciation of the community's
support:
A PROCLAMATION HONORING
THE
VERO BEACH HIGH SCHOOL CHORUS
WHEREAS, the VERO BEACH HIGH SCHOOL CHORUS captured
top honors at the 19th Annual International Youth and Music
Festival in Vienna, Austria; and
WHEREAS, the VERO BEACH HIGH SCHOOL CHORUS won the
City of Vienna Trophy, for the best overall choir, and first
place in the Mixed Chorus competition; and
WHEREAS, Choir Director Gary Miller, was "ecstatic"
and thanked the residents of Indian River County for their
support; and
WHEREAS, the VERO BEACH HIGH SCHOOL CHORUS was one of
only nine groups from the United States that participated in
the event and competed against many foreign countries, some
of which were Israel, Germany, Norway, The Netherlands,
Austria and Japan; and
WHEREAS, the VERO BEACH HIGH .SCHOOL CHORUS was very
intense in their efforts to raise approximately $180,000,
and were involved in many fund raising campaigns throughout
the year; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the VERO
BEACH HIGH SCHOOL CHORUS be congratulated on being awarded
top honors -at the INTERNATIONAL YOUTH AND MUSIC FESTIVAL IN
VIENNA, AUSTRIA.
BE IT FURTHER PROCLAIMED BY THE BOARD that the VERO
BEACH HIGH SCHOOL CHORUS has maintained a tradition of
excellence throughout the years and the Board, along with
the citizens of this community, extend to them heartfelt
thanks for their efforts and wish them continued success in
all their future endeavors.
Adopted August 7, 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Carol yK. Egge,. t Chairman
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ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert requested the addition, as part of Item C on
today's Consent Agenda, of the approval of Louis Parente to
repla-ce Robert D. Bradshaw on the Transportation Planning
Committee, and also requested the addition under her matters of
authorization to send letter in support of the Riverside Theater,
Inc.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Commissioner Scurlock being absent) added the above
items to today's Agenda.
APPROVAL OF MINUTES
o
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of June 26, 1990.
There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
Minutes of the Regular Meeting of 6/26/90, as written.
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of July 3, 1990.
There were none.
AUG0
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
Minutes of the Reg"ular Meeting of 7/3/90, as written.
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CONSENT AGENDA
Chairman Eggert requested that Item L be removed from the
Consent Agenda for discussion. ,j
A. Report & Minutes
Received and Placed on File in the Office of the Clerk to
the Board:
Report of Convictions, Month of June, 1990
Minutes of Annual Meeting of Landowners of Sebastian
River Water Control District held June 6, 1990 in Vero
Beach; and
B. Approval of Appointments of Deputy Sheriffs by Sheriff Tim
DDoobeck
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
following appointments of Deputy Sheriffs by Sheriff
Tim Dobeck:
Gary A. Oliver
Mary E. Youngblood
Ronald E. Meadows II
Robert Kenneth Foress
Roberta J. Garner
C. Acceptance of Resignation from Transportation Planning
Committee and Appointment of Replacement
The Board reviewed the following letter dated 7/31/90:
TOWN OF ORCHID
July 31, 1990
Commissioner Margaret C. Bowman
Administration Building
1840 25th Street
Vero Beach, FL. 32960
Dear Commissioner Bowman,
As you are aware, Robert D. Bradshaw has resigned
from our city council effective July 25, 1990.
4
The Town Council has appointed Louis Parente to
replace Mr. Bradshaw on the council. In as much
as Mr. Parente expressed a desire to participate
in the affairs of the county, the Town Council
voted to appoint Mr. Parente to also replace Mr.
Bradshaw on the Indian River Transportation Committee.
Meeting notices should be mailed to the Town of
Orchid, 9300 Town Square, Vero Beach, FL 32963
to the attention Councilman Parente.
If there is any questions regarding the appointment
please feel free to call.
Sincerel
Ernest Polverari
Town Manager
9300 Town Square, Town Of Orchid, Vero Beach, FL 32963
Telephone 407-589-6100
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) accepted the
resignation of Robert D. Bradshaw from the
Transportation Planning Committee, and appointed Louis
Parente as his replacement.
D. Final Plat Approval for Laurel Oaks Subdivision
The Board reviewed the following memo dated 7/27/90:
TO: James E. Chandler
County Administrator
DIYJ ION HEAD CONCR}ZENCE
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Community Develo en �-§ICP
rector
THROUGH: Stan Boling,
- Planning Director
FROM: Christopher D. Rison
Staff Planner, Current Development
DATE: July 27, 1990 11
SUBJECT: FINAL PLAT APPROVAL FOR LAUREL OAKS SUBDIVISION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 7, 1990.
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DESCRIPTION AND CONDITIONS:
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Laurel Oaks is a proposed 49 lot subdivision of a +/- 19.95 acre
parcel of land located in the 5100 block of 8th Street, immediately
west of the Glendale Elementary School. The subject property is
zoned RS -3 (Single -Family Residential up to 3 units per acre) and
has an L-1 (Low Density Residential up to 3 units per acre) Land
Use Designation. The proposed building density is 2.46 units per
acre. All roads and utility easemepts and. facilities are to be
dedicated to the County. The drainage and stormwater facilities
are to be dedicated to the property owners association, Laurel Oaks
at Glendale Community Association.
At its regular meeting of January 26, 1989 the Planning and Zoning
Commission granted preliminary plat approval for the subdivision.
A Land Development Permit for project construction was subsequently
issued. The owner Laurel Homes, Inc. is now requesting final plat
approval and has submitted the following:
1. a final plat in conformance with the approved preliminary
plat;
2. a Warranty/Maintenance Agreement and Bill of Sale for the
completed, publicly dedicated required improvements;
3. a security arrangement acceptable to the County Attorney's
Office;
4. a certified cost estimate for the constructed required
improvements.
ANALYSIS:
The required improvements have been constructed by the developer.
The developer has submitted a warranty/maintenance agreement and
posted sufficient security to guarantee the performance of the
completed improvements that are dedicated to the County.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval for the Laurel Oaks Subdivision, authorize the
Chairman to accept the submitted Warranty Maintenance and Bill of
Sale Agreement and the posted security.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) granted final
plat approval for the Laurel Oaks Subdivision,
authorized the Chairman to accept the submitted
Warranty Maintenance and Bill of Sale Agreement and the
posted security, as recommended by staff.
WARRANTY MAINTENANCE AGREEMENT WILL BE PLACED ON FILE IN THE
OFFICE OF THE CLERK WHEN PROPERLY EXECUTED AND RECEIVED
6
E. Authorization for OMB Director to do_ Necessary Budget
Amendments for Balancing the Budget for the 1989/90 Fiscal Year
The Board reviewed the following memo dated 7/25/90:
TO: Members of the Board
of County Commissioners
DATE: July 25, 1990
SUBJECT: AUTHORIZE THE MANAGEMENT AND BUDGET DIRECTOR
TO DO THE NECESSARY AMENDMENTS FOR
BALANCING THE BUDGET FOR THE 1989/90 FISCAL YEAR
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
The 1989/90 fiscal year ends September 30, 1990. All budget amendments
must be done prior to the close of the fiscal year to be in proper compliance.
I would like the Board of County Commissioners to authorize the Management
and Budget Director to do the necessary budget amendments for balancing the
budget for the 1989/90 fiscal year.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously -(4-0,
Commissioner Scurlock being absent) authorized the
OMB Director to do the necessary amendments for
balancing the budget for the 1989/90 fiscal year.
F. Right-of-way Deed Exchange-- Charles H. Green and Thad Eric
Gaskin a.
The Board reviewed the following memo dated 7/25/90:
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TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: July 25, 1990
RE: RIGHT OF WAY DEED EXCHANGE
CHARLES H. GREEN and THAD ERIC GASKIN
The County recently acquired five feet for road right of way
on Lots 9 and 10, Block H of VERO BEACH HOMESITES.
Unfortunately the person who dedicated the land to the
County had already contracted to sell his lots to a new
purchaser, and to clear up the title policy the County has
been requested to deed the five feet of right of way back to
the original owner so that he can convey the contracted -for
full lots to the new purchaser. The new purchaser will
simultaneously issue a deed from him to the County for the
same five feet. The net result will be the County will have
its five feet of right of way and the title policy will
accurately reflect what was contracted for.
RECOMMENDATION: Staff recommends approval and authorization
for the Chairman to sign the deeds.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the County
deeding back the south 5 feet of Lots 9 and 10, Block
H, Vero Beach Homesites, Unit 1, to Charles H. Green
and Thad Eric Gaskin for the amount of $1.00, as set
out in the above staff recommendation.
PIES OF COUNTY DEEDS ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
G. Occupational License Taxes - Month of July, 1990
The Board reviewed the following memo dated 8/1/90:
8
MEMORANDUM
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
SUBJECT: Occupational Licenses
DATE: August 1, 1990
_ Pursuant to Indian River County Ordiance No 86-59, please be
informed that $3225.32 was collected in occupational license taxes
during the month of July, 1990, representing the issuance of 171
licenses.
ene E. Morris, Tax Collector
ON MOTION by Commissioner Bird, SECONDED by
Com iss.ioner Bowman, the Board unenimausly (4-'0,
Commissioner Scurlock being absent' )�accepted,,,,the,
Occupational License Taxes Report for the month of
July, 1990.
H. Streetlights - Laurel Oak Subdivision
The Board reviewed the following memo dated 8/1/90:
TO: Members of the Board
of County Commissioners
DATE: August 1, 1990
SUBJECT: STREETLIGHTS LAUREL OAK SUBDIVISION
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION OF CONDTITONS
Laurel Oaks at Glendale Community Association, Inc., is requesting that streetlights be
installed in the Laurel Oaks Subdivision. The Florida Power and Light Engineering
department has determined that eleven (11) 9500 H.P.S.U. Luminaries lights be installed
with 1,570 feet of underground conductors. A charge of $15.00 per light per month is
recommended ($1,980.00 per year for eleven streetlights).
4
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RECOMMENDATION
Approve the request for a streetlight, contingent upon completion of the following:
1. Laurel Oaks at Glendale Community Association, Inc., pay $1,980.00
in advance for the first year.
2. Staff authorize the attorney's to draft a single streetlight agreement
between Laurel Oaks at Glendale Community Association, Inc. and
Indian River County.
3. Authorize the County Administrator or Public Works Director to sign
the agreement between Laurel Oaks at Glendale Community
Association, Inc. and Indian River County.
4. Staff add eleven (11) 9500 Lumen H.P.S.V. Lights and 1,570 feet of
underground conductors to the master streetlight agreement
between Indian River County and Florida Power and Light.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved staff's
recommendation as set out in the above memo.
AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED l j,�4 PIA11(j G#A '
I. Amendment to Medical Examiner Contract
The Board reviewed the following memo dated 7/25/90:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: July 25, 1990
RE: AMENDMENT TO MEDICAL EXAMINER CONTRACT
St. Lucie County, which is our liaison with the Medical
Examiner for the 19th Judicial Circuit, has recommended that
the County execute an amendment to a contract with the
Medical Examiner to require that the Examiner provide the
County with a copy of the annual financial audit and to
require that the Medical Examiner use as its auditor the
same auditor used by St. Lucie County.
RECOMMENDATION:
Staff recommends approval and authorizing
Chairman to sign Amendment.
10
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
First Amendment to Interlocal Agreement, as recommended
by staff.
COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
J. ^Release of County Utility Liens
The Board reviewed the following memo dated 8/1/90:
TO: Board of County Commissioners
FROM: Sandy Bartolucci - County Attorney's Office 54
DATE: August 1, 1990
SUBJECT: CONSENT AGENDA - BCC MEETING 8/7/90
RELEASE COUNTY UTILITY LIENS
I have prepared the following routine lien -related documents
and request the Board authorize the Chairman to execute
them:
Release of Special Assessment Lien
ROCKRIDGE SEWER PROJECT
In the name of PAUL J. AMBROSINO & GAIL P. AMBROSINO
Release of Special Assessment Lien
ROCKRIDGE SEWER PROJECT
In the name of WILLIAM E. EYRE & RUTH E. EYRE
Partial Release of ERU Water Reservation
Assessment Lien
STATE ROAD 60 WATER PROJECT
in the name of KINGSWOOD WEST, INC.
Satisfaction of Impact Fee Lien Agreement
In the name of JAMES C. BROXTON & VINNIE P, BROXTON
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ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock beipg absent) approved the
above -listed, lien -related documents, as recommended
by staff.
RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
K. Assignment of IRC Jail Phase III Contract from Robert F.
Wilson, Inc. to Sovran Construction Company, Inc.
The Board reviewed the following memo dated 7/24/90:
TO: Board of County Commissioners
THRU: Charles P. Vitunac - County Attorney aa��
FROM: Terrence P. O'Brien, Assistant County Attorneyltlw
DATE: July 24, 1990
SUBJECT: ASSIGNMENT OF IRC JAIL PHASE III CONTRACT FROM
ROBERT F. WILSON, INC. TO SOVRAN CONSTRUCTION
COMPANY, INC.
Sovran and Wilson are wholly-owned subsidiaries of Yonkers
Contracting Company. In January 1990, Sovran was
incorporated and the officers of Wilson became the officers
of Sovran. Management decided to operate with a company not
identified with an individual (Robert F. Wilson). Insurance
and bonding runs to both Sovran and Wilson, and the assets
of Wilson have been transferred to Sovran. Documentation
from Sovran is attached..
The corporate change has, In effect, brought about an
assignment. The contract (IRC Jail Phase III) between the
County and Wilson requires that any assignment of the
contract by Wilson be approved by the County. In order to
recognize, this corporate change and the resulting
assignment, the County should approve the assignment of its
contract from Wilson to Sovran.
In view of the foregoing, it Is recommended that the County
_ approve the assignment from Wilson to Sovran and authorize
the Chairman to execute any necessary documents to
accomplish this assignment.
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ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
assignment from Wilson to Sovran and authorized
the Chairman to execute any necessary documents to
accomplish this assignment, as recommended by staff.
COPY OF"ASS`I'GNMENT OF CONTRACT IS ON FILE I N THE OFFICE OF THE
CLERK TO THE BOARD
L. "pi pwo a �'`'.8 Directive #1 - Main Libra
The Board reviewed the following memo dated 8/2/90:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Carolyn K. Eggert, Chairman
DATE: August 2, 1990
REF.: Main Library
Please reverify approval of the use of the
Lowenstein bequest money interest for use in the construction
and furnishing of the Main Library Gift Shop by the Friends
of the Library as worked out with the Administrator of the
estate and formerly approved by the Board.
Chairman Eggert explained that she pulled this because her
note made it unclear how much the prior request was for. She
just wanted to reaffirm that this is for $9,578, and includes all
the electrical and construction costs, moving of doors --
everything within the gift shop. This is the interest from the
Lowenstein bequest.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner BV.rd, the Board unanimously (4-0,
Commissioner Scurlbck being absent) verified approval
of $9,578 from the Lowenstein bequest money for use in
the construction and furnishing of the Main Library
Gift Shop.
CONSTRUCTION CHANGE DIRECTIVE IS ON FILE IN THE OFFICE OF THE CLERK rTO THE BOARD
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7 199
PUBLIC DISCUSSION
- REQUEST FOR FUNDS FOR VERO BEACH
CREATIVE
PLAYGROUND
The Board reviewed the following letter dated 7/26/90:
July 26, 1990
Indian River County
Board of County Commissioners
Attn: Alice White
1840 - 25th Street
Vero Beach, FL 32960
Gentlemen:
The general committee of the Creative Playground
of Vero Beach, made up of parents and business people
of the community, has been in operation since October,
1989. Progress is being made toward the successful
completion of the Creative Playground in November,
1990.
Funding for the playground is proceeding with the
support of individuals, business and civic groups. Our
goal is $85,000 to complete the project. We have
received over $45,000 in cash and pledges to date,
including $25,000 from the city of Vero Beach.
We are requesting matching funds from the county
in the amount of $25,000. We have appeared before the
parks and recreation committee to state our position
and now ask the board to allocate funds based on their
recommendation.
We appreciate your continued support and look
forward to financial generosity to our community
effort.
P.O. BOX 7227
Sincerely,
eAY_1a44___,
Mark Ashdown
Financial Chairman
VERO BEACH, FL 32961
n
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(407) 569-3799
Commissioner Bird advised that the ParKs & Recreation
Committee have met with the representatives of the Creative
Playground Committee on a couple of occasions and are
recommending an allocation of $3,000,which would be consistent
with'the amount of money we allocated to the North County
Creative Playground a few years ago. The funds would come out of
this ye ar''s�unexpended recreation funds and be available to them
before October 1st.
Mark Ashdown and June Block explained that they originally
asked for $25,000 seeing that this playground is to be larger
than the one in Sebastian, but their main thrust, however, is to
enlist more volunteers. They need about 1500 volunteers to work
in food service, child care, etc.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously approved
a budget amendment in the amount of $3,000 for
the Creative Playground of Vero Beach.
Commissioner Bird understood that the playground will be
built adjacent to the new City/County Recreation Building on
County property, so perhaps the County can get a little bit
additional credit seeing that we are making the property
available for the playground.
Mr. Ashdown expressed their appreciation for the property,
and Mrs. Block advised that they are very excited about this
project and are looking forward to the County's participation.
BUDGET AMENDMENT WILL BE .PLACED ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED
PUBLIC HEARING - VERO STORALL'S REQUEST FOR ABANDONMENT OF A
PORTION OF 4TH PLACE '"
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:
A is 15 noF
G 0 714d,
FF'_
Jl. �jfQ�, fB Iljy��� gppp�'�pJ{J
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, dr. who on oath
says that he is Business Manager of the Vero Beach Press.Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter
in the _ Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in 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 he purpose of securing this
advertisement for publication in the paid newspaper.
Sworn to and subscribed before me this~/�f day of" A.D. 19._
;,,(Business Manager)
(SEAL) (Clerk of the-C-ircuit Court, Indian -River Cqunty, -Florida)-
leafy Public, State of Flor;dc
i*Comatlsdon Exalros June i9, 1943
noK 60-F",- 1 c �'
NOTICE OF PUBLIC'HEARINO ' '
` Notice of hearing to consider a petition for the
closing, abandonment, and vacation of a 88'
portion of 4th Place lying approxlmately 17V
west of the west right -of- gray it ne of the Florlda
East Coast Railroad. Lying and being In Iridian
River County, Florida.'
A public hearing at which parties In IrKerest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com•
missloners of Indian River County, Florida In the
County Commission Chambers of the County
Administration Building, located at 1940. 25th
Street. Vero Beach, Florida, on Tuesday. August
7, 1990 et 9:0$ a.ni: '.-..� --__
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 proceed- .
Is made which Includes the testimony and
dance upon which the appeal will be based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By -s -Carolyn Eggert. Chairman
Jelly 19, 1990 702987
The Board reviewed the following memo dated 7/24/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keati , AIM
Community Develo men /DDiJ�rector
THROUGH: Stan Boling; AICP
Planning Directo I`�
FROM: John W. McCoy INA
Staff Planner`; Current Development
DATE: July 24, 1990
SUBJECT: VERO STOR-ALL'S REQUEST FOR THE ABANDONMENT OF A PORTION
OF 4TH PLACE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 7, 1990.
16
DESCRIPTION AND CONDITIONS:
Vero Stor-All has submitted a petition for right-of-way abandonment
for a portion of 4th Place between Old Dixie Highway and the
Florida East Coast Railroad. The segment proposed for abandonment
is approximately 55' in length and contiguous to a portion of 4th
Place of right of way previously abandoned by the Board of County
Commissioners on November 22, 1988.
ALTERNATIVES AND ANALYSIS:
Per guidelines established by the Board of County Commissioners,
the petition was reviewed by all County divisions and utility
providers having jurisdiction within the right-of-way. All
reviewing agencies have recommended approval of the abandonment,
with the provision that a 30' wide utilities and -drainage easement
be retained. A similar condition was applied to the adjacent 4th
Place segment abandoned in 1988. The proposed resolution would
retain an easement that lines up with the adjacent.. existing
easement retained as part of the 1988 abandonment. This portion of
4th Place is not part of the roadway system as noted on the County
Thoroughfare Plan, and -is not needed for the thoroughfare system.
The 55' segment proposed for abandonment will square -off the
petitioner's property. The petitioner will use the property to
expand the existing business, if the abandonment is approved.
RECOMMENDATION:
Staff recommends that the County abandon its rights to the portion
of 4th Place right-of-way described in Exhibit A, and that the
Chairman of the Board of County Commissioners be authorized to
execute the attached resolution (Attachment #3), with the following
condition:
1. That a 30' drainage and utilities easement be reserved along
the north side of the subject right-of-way as described in
Exhibit B of the Resolution.
Chairman Eggert asked if this is going to end up with the
road dead -ending into their property, and Planning Director Stan
Boling confirmed that it will.
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard on this matter. There being none, she closed
the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Scurlock being absent) adopted Resolution
90-90A, providing 'for the closing, abandonment, and
vacation of a portion of 4th Place.
Ur, ® 17 BOOK 80 F�.ul:7
AUG d tp
RESOLUTION NO. 90 - 90A
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, AND VACATION OF A PORTION OF 4TH PLACE, SAID
LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on January 28, 1990 the County received a duly
executed and documented petition from 'Vero Beach Storage Center,
LTD. requesting the County to close, vacate, abandon and disclaim
any right, title and interest of the County and the public in and
to a 55' portion of 4th Place, said lands lying in Indian River
County, Florida.
WHEREAS, in accordance with Florida Statutes 336.10, notice
of a public hearing to consider said petition has been duly
published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said right-of-
way is not a state or federal highway, nor located within any
municipality, nor is said right-of-way necessary for continuity of
the County's street and thoroughfare network, nor access to any
given private property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title and interest of the County and the public in
and to that certain right-of-way being known more particularly
described in (Exhibit A)
is hereby forever closed, abandoned, .vacated, surrendered,
discontinued, remissed and released, with the exception that
a 30' wide drainage and utilities easement be retained (as
described in Exhibit B)- This easement is reserved in
perpetuity unto Indian River County and shall not be deemed
to have been closed or abandoned in any way by this
resolution.
2. Notice of the adoption of this resolution shall be forthwith
published once within thirty (30) days from the date of
adoption hereof; and
3. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida
Statues 336.10 in the Official Record Books of Indian River
County without undue delay.
The foregoing resolution as offered by Commissioner
Wheeler who moved for its adoption. The
motion was seconded by Commissioner Bird ,
and upon being put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice -Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Absent
Commissioner Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7th day of August , 1990.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY FLORIDA
BY:
Carolyn F/ Eggert, airman
Board of/County C ssioners
18
PUBLIC HEARING - MANDATORY COLLECTION AND RECYCLING ORDINANCE
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:
Y
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDI'aff(VER: STATE OF FLORIDA
Before the undersigned authority -personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of�
rp
in the Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in 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 df
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refunAfor Lpurpose ecuring this
advertisement for publication in the said newspaper.
Swornto and subscribed before me this da _
(SEAL)
AAy Commission Expim June 29, 1993
- ':'NOTICE _ ..._.. _..,
The Board of County Commissioners of Indian
River County, Florida, hereby provides noilce of
a Public Hearing scheduled for 9:05 A.M. on
Tuesday, August 7. 19W. to discuss a proposed
ordinance entitled:
AN ORDINANCE "OF ,INDIAN RIVER
COUNTY. -: FLORIDA • 'ADOPTING
~6 AMENDMENTS '.RELATING TO THE',
SOLID WASTE DISPOSAL - DISTRICT ,
ORDINANCE --AS - ORIGINALLY -
ADOPTED BY' ORDINANCE NO. 97-87,
AS AMENDED BY ORDINANCES NOS. .
8832 AND 89.25: PROVIDING _FOR -
MANDATORY v.. COLLECTION AND o.
RECYCLING: ~ PROVIDING FOR
, � #W=NL/CIJ IUYIJ O WNI IIVIWiL YCr1N1-
-.; •TIONS; PROVIDING FOR PERMIT RE-
QUIREMENTS AND MINIMUM STAND-
_ _ARDS.OF 4SSUANCE;• AND. PROVIDING
FOR AN EFFECTIVE DATE r,
` e.n
mwi 4o lsdecision=whch mawmatldsmg%
need to
ensure that a verbatim record of the proceedings
Is made, which Includes testimony and evidence
ully which 1990
Ju19a appeal Is based..:..{. : 703432
Before beginning staff's presentation, Utilities Director
Terry Pinto spoke of the confusion that resulted from the
Property Appraiser sending out notices on the non -ad valorem
assessment charges for the Solid Waste Disposal District and the
many, many calls they had received from people asking why they
were being charged this n.ew tax. Staff explained to them that
the $52.80 is not a tax, but°an assessment, and that same charge
had been included in last year's TRIM notices. However, a
separate notice was sent out this year for the $52.80 assessment
charge, which is the same rate as last year.
AUG 0 ? 1990 19 RoaK J. '
Disposal District, to read into the record the State mandated
requirements for recycling, and Mr.,/Brooks read aloud the
following staff recommendation:
DATE: JULY 2, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY ERVICES
FROM: RONALD R. BROOKS, MANAGER
SOLID WASTE DISPOSAL DISTRIC
- SUBJECT: MANDATORY SOLID WASTE COLLECTION
With the mandate of the 1988 Solid Waste Act to recycle 300 of
Indian River County's solid waste stream by 1994, the District
had a recycling study performed by Camp Dresser & McKee, Inc.
With that study, combined with the experience of other counties
and the experience of communities in other states, it was recom-
mended that the District adopt mandatory solid waste collection
with the eventual implementation of a commingled doorstep recy-
cling program. It was determined that this type of program was,
-to date, the most successful recycling program that would meet
the mandated 30% recycling of the solid waste stream by 1994.
In addition to meeting the recycling mandates,' it is essential
that the District provide an equitable and environmentally sound
means of solid waste collection to reduce illegal dumping and
accommodate the waste service needs of the County.
ANALYSIS
District staff has prepared a proposed solid waste ordinance
that incorporates mandatory waste collection as well as solid
waste management and permitting requirements needed to control
the waste management operations within the District. The ordi-
nance also provides for •a varied means of supporting the
District's operations and allows the District Board to adopt
several procedures for -the operation and financial support of
the District.
This proposed ordinance basically adopts mandatory waste collec-
tion and several permitting requirements that gives the Solid
Waste Disposal District, through approval by the District Board,
the authority and responsibility to implement the mandatory col-
lection and fund the operations as deemed appropriate and neces-
sary. The actual implementation of the mandatory waste collec-
tion and accompanying funding procedures will all be implemented
through resolution and contractual agreements, all of which are
subject to the approval and execution by the S.W.D.D. Board.
20
ROOK +�
Director
Pinto asked Ron Brooks, Manager of the Solid Waste
Disposal District, to read into the record the State mandated
requirements for recycling, and Mr.,/Brooks read aloud the
following staff recommendation:
DATE: JULY 2, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY ERVICES
FROM: RONALD R. BROOKS, MANAGER
SOLID WASTE DISPOSAL DISTRIC
- SUBJECT: MANDATORY SOLID WASTE COLLECTION
With the mandate of the 1988 Solid Waste Act to recycle 300 of
Indian River County's solid waste stream by 1994, the District
had a recycling study performed by Camp Dresser & McKee, Inc.
With that study, combined with the experience of other counties
and the experience of communities in other states, it was recom-
mended that the District adopt mandatory solid waste collection
with the eventual implementation of a commingled doorstep recy-
cling program. It was determined that this type of program was,
-to date, the most successful recycling program that would meet
the mandated 30% recycling of the solid waste stream by 1994.
In addition to meeting the recycling mandates,' it is essential
that the District provide an equitable and environmentally sound
means of solid waste collection to reduce illegal dumping and
accommodate the waste service needs of the County.
ANALYSIS
District staff has prepared a proposed solid waste ordinance
that incorporates mandatory waste collection as well as solid
waste management and permitting requirements needed to control
the waste management operations within the District. The ordi-
nance also provides for •a varied means of supporting the
District's operations and allows the District Board to adopt
several procedures for -the operation and financial support of
the District.
This proposed ordinance basically adopts mandatory waste collec-
tion and several permitting requirements that gives the Solid
Waste Disposal District, through approval by the District Board,
the authority and responsibility to implement the mandatory col-
lection and fund the operations as deemed appropriate and neces-
sary. The actual implementation of the mandatory waste collec-
tion and accompanying funding procedures will all be implemented
through resolution and contractual agreements, all of which are
subject to the approval and execution by the S.W.D.D. Board.
20
RECOMMENDATION
It is requested that the Board of County Commissioners, after a
public hearing, adopt the subject ordinance. The ordinance was
presented before the public in an advertised workshop on July 5,
1990, and before the Board in an advertised workshop on July 10,
1990. Changes were incorporated into the ordinance after the
workshop's addressing concerns expressed by the Board of County
Commissioners, The Division of Environmental Health, and the
franchised solid waste collection companies.
At the conclusion of the hearing before the Board, it is recom-
mended that the Board of County Commissioners identify any re-
quested changes and adopt the subject ordinance.
Chairman Eggert read aloud the following changes to the
proposed ordinance that have been recommended by the
Environmental Health Dept.:
..---------------------------------------------------------------
DATE: AUGUST 6, 1990
TO: BOARD OF COMMISSIONERS
SOLID WASTE DISPOSAL DISTRICT
THRU: TERRANCE G. PINTO, DIRECTOR
SOLID WASTE DISPOSAL DISTR
FROM: RONALD R. BROOKS, MANAGER
SOLID WASTE DISPOSAL DISTRICT
SUBJECT: MANDATORY COLLECTION ORDINANCE
After review of the proposed ordinance by other departments, the
following changes are recommended based upon their comments:
Section 19, Paragraph 5
The paragraph is changed from:
Procedures for accomplishing the provisions of this section
shall be as provided by resolution of the Board of SWDD Commis-
sioners. The SWDD may, by resolution of the SWDD Board. waive
nArmi tti nr7 rP_M1 i rAnAntS nrnui dpa ho -rain fnr rranaral-nrc of hM 17 -
by the SWDD director to be a duplication of permitting require-
ments of the Department cif Health and Rehabilitative Services,_
Division of Environmental Health; and the permitting procedures
of the Division of Environmental Health substantially satisfy
and address provisions of this ordinance and the needs and con-
cerns of the SWDD.
AUG 7 ' 29b 21 ROOK 80 75'9
r- -1
AUG 0 ROOF
To read:
Procedures for accomplishing the provisions of this section
shall be as provided by resolution of the Board of SWDD Commis-
sioners. The SWDD may by resolution of the SWDD Board, provide
termined reasonably justified by the District Director, and may
waive permitting requirements provided herein for generators of
hazardous biohazardous and biological wastes if it is deter -
ices Division of Environmental Health; and the permitting
procedures of the Division of Environmental Health substantially
satisfy and address provisions of this ordinance and the needs
and concerns of the SWDD.
Section 22, Paragraph (b)
The paragraph is changed from:
hers or property including animal Dlant or aquatic life, of
the State and County and for reasonable costs and expenses for
the County or District in tracing the source of the --violation,
in controlling and abating the source and the pollutants_and in
restoring the air waters, and property, including animal,
plant and aquatic life of the State and County to their former
condition and futhermore is subject to judicial imposition of a
i L
To read:
(b) Whoever commits a violation specified herein is liable
to the County and District for any damage caused to the air. wa-
ters ground waters or property including animal, plant or
__ ____-_-_L7- L-
the violation in controlling and abating the source and the
pollutants, and in restoring the air waters, ground waters, and
property,, including animal plant and aquatic life, of the
State and County to their former condition, and furthermore is
subject to judicial or administrative imposition of a penalty
for each offense in an amount of not more than $500.00 per of-
fense. Each day any portion of which such violation occurs con-
stitutes a separate offense.
Section 22
The following is to be included at the end of the section:
trol Officer pursuant to Chapter 85-427. Special Acts, Laws of
Florida or may be enforced by The Board of SWDD Commissioners
seeking injunctive relief, other civil relief or criminal penal-
ties pursuant to State law.
22
- M M
Director Pinto felt this is probably the most important
piece of legislation the County will be looking at for some time
to come. As we can see nationally, the handling of solid waste
is close to a catastrophe. The effort to cut the flow of garbage
into the Landfill is to extend the life of the Landfill, which is
a tremendously expensive operation. Although the mandate is for
1994, we have to try immediately to reduce the flow into the
Landfill by separating certain types of solid waste. The
mandatory collection is needed to stop illegal dumping and to
control the county's waste stream, which must be reduced 30% by
1994. This county has a very serious problem with illegal
dumping, and for whatever reason, it ends up being tossed in the
woods somewhere. Unfortunately, the only way to solve this
problem is to take action against the property owner, who
probably is innocent because people usually do not dump trash on
their own land. Director Pinto stressed that it is very
important for us to begin this system as soon as possible and
that it is not going to be an easy system to implement. We hope
to have this in place administratively by October, and sometime
after that we hope to have a collection system in place.
At Commissioner Bird's request, Director Pinto elaborated on
how the recycling will reduce the flow into the Landfill.
Separation of paper, glass, metal, and plastics will be done at
the home, collected at curbside, and sent to recycling receivers.
The balance of the waste that is collected will be separated at
the Landfill, and some wastes such as construction debris will be
placed on property the County purchased for the dumping of
"clean" debris. Items such as stoves, refrigerators, furniture,
and lawn equipment will be accepted at the Landfill free of
charge, and those items are included in the $52.80 residential
assessment. The $52.80 is Aat each residence pays for space in
UF
AUG ®.° X99® 23
aonl F�
AUG 0
PC?QK
So L4,.t
the -Landfill.
The cost for collecting the trash will
be an
additional amount. When we get into mandatory collection, we
will be recommending either that collection of large, bulky items
be made on a certain day each month, or that people can call a
special number 72 -hours ahead of when they want bulky items to be
picked up. Grass cuttings and tree prunings will be picked up on
a regular basis, but branches will have to be cut into 4 -ft.
lengths and tied. All we are trying to do is to maintain
reasonable pickup costs, because the more expensive it is, it
just goes back to the property owner. No resident will put
something out that won't be picked up one way or another and
disposed of. By 1992 we have to come up with a plan for
separating vegetation waste so that it doesn't go into the
Landfill cell itself. It will probably end up in some kind of
compost process. At the present time we are chipping branches,
but the large limbs go into the air curtain incinerator.
Commissioner Bowman noted that Indian River Shores is using
a chipper that can take 12" limbs.
Commissioner Bird asked why the separation couldn't be done
at the transfer stations instead of curbside, and Director Pinto
said it could be done, but it has been shown that it doesn't
work. The voluntary program that we have now has had a very good
response, but unless everyone participates, we would not be able
to reach the 30% reduction that is mandated.
Commissioner Bird asked what control we will have over the
licensed carriers under the mandatory collection with regard to
prices and requirements.
Director Pinto explained that the County will be the actual
customer and will collect the pickup charges from.the property
owners. The County will have direct control over the haulers
because we will be the one paying them. The only control an
individual residential customer has with the haulers is to change
to another hauler if he isn't satisfied. He pointed out that the
mandatory collection will not affect commercial collections.
24
M
M
- M
Licensed haulers will retain their rights to service whatever
commercial establishments they want throughout the county.
Chairman Eggert noted that Section 4 of the proposed
ordinance that deals with powers of the Solid Waste Disposal
District states that "Policies and Procedures of the SWDD will be
adopted by resolution of the Board of SWDD Commissioners; hire,
fire, and set compensation of employees; lease, rent, or buy real
and personal property; issue revenue bonds or other certificates
of indebtedness, etc...." She felt that it should be stated
that the Board of County Commissioners, sitting as the SWDD
Commissioners, adopt all policies, etc., and that the County
Administrator is the overall head of the Solid Waste Disposal
District.
Commissioner Wheeler agreed that the County Administrator
should lie -the head of this because that would be in line with
what we have been doing in all divisions.
Director Pinto didn't have any problem with that, and it was
agreed that the proposed ordinance would be amended to include
the statement that the County Administrator will be the head of
the operation, reporting to the County Commission, who sits as
the Solid Waste Disposal District Commission.
Commissioner Bowman asked why we don't go to curbside
recycling now instead of waiting, and Director Pinto explained
that there are steps to go through before we can reach that
point. We have to see how the first step goes and it is a matter
of costs. It is going to be very interesting to see how the Vero
Beach recycling program is going to work. They are going to
collect the recycling materials from behind the homes instead of
at curbside. We are going to have to look at that and see if
that is going to be a cost efficient method.
Commissioner Bowman poi'nted out that the more separating
that is done by the homeowner, the less expensive it will be for
the property owners in the long run. She couldn't understand why
25er
AUG 0 7 WO
curbside recycling couldn't be
implemented immediately,
and
Mr.
Brooks explained that we are trying to get into it as quickly as
possible, but we have to know how much we can guarantee to the
receivers so that they know what amount of equipment to commit
to.
Chairman Eggert opened the Public Hearing, and asked if
anyone wished to be heard in this matter.
John Pierce, resident of south county, suggested that
separation be done at the Landfill on a conveyor belt with
prisoners doing the work.
Director Pinto advised that is one of the alternative we are
looking at, but there is a liability problem involved, along with
the need for dependable people. We do have prisoners working in
other operations of the Landfill.
Walter Mills, 1845 6th Street, felt the County is asking the
people to put forth all this effort into recycling but isn't well
prepared themselves. There seems to be a question of the
amounts, costs, and locations involved in the recycling. He felt
we need more research on this before this program goes into
effect.
John Boudrot, 1306 12th Street, asked what percentage the
voluntary recycling amounts to, and Director Pinto advised that
it is less than 30 of the 30% that is mandated by 1994.
Mr. Boudrot was concerned about the wear and tear from the
garbage trucks on their private street and asked who is going to
pay for road repairs, and Attorney Vitunac advised that
maintenance costs are the responsibility of the owners of the
street. That is the problem of owning the road.
Tom Long, 927 Rose Arbor Drive, Sebastian, asked how many
homes in Indian River County will be paying the solid waste
assessment, and Director Pinto estimated that there will be a
total of 113,000 residential units.
26
Mr. Long asked if all that money was going to be spent just
on the Landfill costs, and whether the transfer stations will be
closed when mandatory pickup begins.
Mr. Brooks explained that the residential levy of $52.80 is
based on 1.6 units times $33.00 per WGU (Waste Generation Unit)
charge. The average household generates 1.6 tons of solid waste
per year.
Director Pinto advised that a public hearing will be held on
th i,s, s,pecj.f i c charge on September -5, 1990 at 5 :01 o'clock P.M.
The transfer stations will be left open to collect certain types
of wastes that can be picked up curbside, such as hazardous
wastes, etc.
Mr. Long felt the county is taking them for a ride,
especially with the number of men and the amount of equipment
that will be needed for this operation.
Administrator Chandler explained that personnel and
equipment are items that are reviewed at budget time and during
the preliminary and final budget hearings.
Chairman Eggert invited Mr. Long to the September 5th
meeting which will specifically address the solid waste
assessment.
Kathleen Ross, 45th Place, agreed we need to do something
about our garbage, but was opposed to mandatory collection
because she felt that people are overtaxed right now. She
wondered what happens to the people who cannot pay the fee.
Attorney Vitunac stated that some action would be taken and
a lien would be placed on their house.
Leatha Mae Ward, resident of Gifford for 54 years, said that
she lives alone now on a small pension, and feels it is very
unfair for her to pay as•.much as a family with 2 or 3 children.
She asked if anything is being considered about the senior
citizens, because she is concerned about what will happen to the
people out there who have hardships like.her. She emphasized
that she worked as a volunteer for many, many. -years in this
AUG 0
27P
AUG 071990
county, and helped raise ►Honey for good causes, and now the
County is going to impose this on her at 78 years old. She urged
the -Board to consider the hardship this would place on the senior
citizens.
Chairman Eggert advised that the Board will take that under
consideration.
Attorney Vitunac explained that this assessment is like a
tax and the tax man doesn't consider people's problems in paying.
Freddie Woolfork, Gifford civic leader speaking for the
older citizens who could not be here this morning and others who
had to go to work this morning, felt that meetings of this
magnitude and importance should be held after 5:00 o'clock so
more people can attend. He spoke of the people who cannot afford
to pay these rising taxes, or whatever you call it, because they
are overtaxed right now. You can't put Gifford in the same
category as you put other areas in the county. There are people
in Gifford who are having great difficulty paying the second
mortgages they had to take out on their homes to pay the $3,000
in water and sewer impact fees, and they are very worried and
upset that liens can be put on their homes for nonpayment of this
additional tax. The people of Gifford have enough hardships to
endure without this garbage charge. Mr. Woolfork had confidence
that the Commission will find a solution to this problem, but he
would like to ask why it is so necessary to begin this mandatory
collection now when the County doesn't have all the answers yet.
Victor Hart, representing the Progressive Civic League,
stated that they oppose mandatory pickup of garbage because they
feel it is an aggressive tax. He pointed out that Gifford is one
area of the County where 800 of the services are paid through
private taxes or assessments. Gifford would be carrying the bulk
of this tax because it is the largest, most populated area in the
county. He felt there are a lot of other ways we could do this,
and urged the Board to take the people's concerns under consideration.
Ralph Lundy, president of the Gifford Progressive Civic
League, noted that this is one of the few times that the Civic
League has found themselves in opposition to a county proposal,
W
but they feel that there is a limit to what people can do. There
is a limit to how they feel, and they are very unhappy. He asked
the Commissioners to picture themselves in Gifford this morning
facing some of the situation that these people are facing,
especially after the sacrifices they have made to get on the
wastewater system. Mfr. Lundy asked that the Board table this and
go back to another workshop so that we can work this out together
and come to a solution. They want to make Gifford a better place
to live and a place to be proud of, but a lot of the illegal
dumping is being dumped in Gifford and it is coming in from the
outside.
James Richardson, resident of Gifford for 43 years, was
concerned about this additional tax and the general tax increases
they have experienced in the past few years and the hardship it
has put on the people in Gifford, especially after the recent
sewer assessment. He asked that the Board take these things
under consideration before forcing this mandatory collection down
their throats and before this taxation gets out of control.
Urias Forbes, 4205 23rd Court, was also opposed to the
mandatory collection. He believed that Gifford will be shafted
again because when it comes time for Gifford to get the service,
they won't. They realize that progress must be made, but feel
the County has to have some flexibility when dealing with
Gifford.
Reverend Brown, resident of Gifford for 35 years, pointed
out that even though the President said "no new taxes", we are
getting new taxes all the time, and this service charge is
really a tax. He didn't think it is fair to the citizens of
Indian River County to impose this tax. He pointed out that the
people of Palm Beach County came out in great numbers to oppose
that county's proposed solidwaste ordinance, and their Board
sent it back to the drawing board.
Ernestine Park, 1657 11th Place, lifetime resident of Vero
Beach, questioned whether it is necessary to have this mandatory
AUG U 7.190 29
B Pte. i
AUG- a 71994 E �.
collection. She felt the citizens should have the option of
taking their trash to the transfer stations and separating it
there. Referring to the notice of non -ad valorem assessment that
was sent out by Property Appraiser David Nolte, she noted that it
states, "Please understand that these assessments when billed,
will have to be paid. If they are are not, a tax certificate
will be sold and you could lose title to your property." She
asked if it would be the same for the mandatory collection
charge, and Chairman Eggert advised that basically it will be the
same thing.
Attorney Vitunac explained that you will be sent a bill
monthly or quarterly which you have to pay, If you don't pay,
the County will either take you to court and get a lien on your
property or will take you to criminal court or to one of the
environmental control boards. Some way or another, the County
will take action against those who do not pay the mandatory
collection bill. This will be different than the SWDD assessment
for the Landfill, which is automatically collected by the Tax
Collector. It will be a different procedure, but the end result
is the same -- you stand to lose your house.
Mrs. Park quoted from a copy of a newspaper article dated
April 11, 1990 about Flagler County asking the Attorney General
for a specific ruling on whether liens can be placed on homes for
non-payment of these charges. The bottom line is that Attorney
General Butterworth ruled that the garbage collection fee would
appear to be a service charge and could not be placed on the ad
valorem tax roll. He also said that they do not qualify as non
ad valorem assessments enforceable as a tax against property.
Attorney Vitunac explained that the problem in Flagler
County was that they were charging varying amounts based on
volume and putting monthly bills on the tax bill. That is
illegal. We know that, and we are not doing that. Our
procedure has been approved by our Tax Collector and our Property
30
Appraiser. We are familiar with the Flagler County case, and
ours is different.
Mrs. Park emphasized that it is still garbage pickup, but
Attorney Vitunac pointed out that there are right ways to do
things and wrong ways, and Flagler County did it the wrong way.
Mrs. Park repeated that the Attorney General said it could
not be used as a lien against property, and she intended to look
into that further. Mrs. Park pointed out that "if we had a
county -wide law or a state-wide law to demand deposits on all
containers that go in the Landfill, it would go a long way in
paying part of that cost. It also would enable counties to reach
the 30% mandated requirements immediately. She asked if the
Board has considered a bottle law, and Attorney Vitunac explained
that it is up to the State of Florida. Counties are not allowed
to pass laws Like that.
Commissioner Wheeler noted that Tallahassee has considered a
bottle bill for the last 5 years, but it hasn't passed, and
Chairman Eggert believed it was going to take a big citizen
uprising to get that passed.
Mrs. Park felt it was time to do that, and Commissioner
Bowman pointed out that there is a big, big bundle of money up
there that is lobbying against a bottle bill every year.
Mrs. Park realized there are lobbyists up there with big
bundles of money that fight against everything, but she felt it
is time to have a bottle law in Florida.
Chairman Eggert noted that they have the bottle bill in
Michigan and it has worked very, very well. They have it in 13
other states, as well.
Mrs. Park emphasized that if the State would pass a bottle
law, counties would be able to reach the 30% recycling mandate
immediately instead of by 19"92.
Fred Mensing, Roseland resident, felt the County is going to
be faced with 250 of the people asking for an exemption simply
because the garbage trucks will not go down streets that are not
vi
31 FOR
AUG 071990
1� - J
AUG 0'71990
R��F�
4 � 3E 770
maintained by the County.
He'felt that it is time we
have
responsible government in this county, because the amount per
capita spent by this Commission and,,former Commissions in the
past 10 years is absolutely outrageous; and that amount doesn't
even include the Sheriff's budget.
Wynonie Everett, Gifford resident, urged the Board to find
some other means to get this problem solved because they don't
need this extra burden on them, especially after the recent sewer
assessment. She felt that the Gifford area is never treated
fairly when it comes to grants and things, and it seems that what
little money they get goes right back to the County. She urged
the Board to send this proposal back to the drawing board.
Edra Young, resident of Sebastian, objected to yet another
fee being charged to collect the garbage. She felt that there is
enough money being collected through the $52.80 Landfill charge
to pay for the collection. She believed in efficiency, and
pointed out that there are bad times ahead and placing a fee like
this on people is too much of a burden. She emphasized the fact
that Indian River County doesn't get a lot of funds back from the
state or the federal government because we have Johns Island in
the county. However, Johns Island doesn't take.care of the
people in the rest of the county. She urged the Board not to
approve the mandatory collection.
Jerry Schick, resident of the county since 1947, wondered
why this important meeting is.being held in August when many
residents have gone on vacation and when the winter residents
have gone to their winter residences up north. He couldn't see
why we are jumping into this so fast when it is apparent that
staff doesn't have all the answers yet. He has been laid off
from Piper since January, and feels like he is fighting a losing
battle against all the increasing taxes and additional charges
for services. Mr. Schick was also concerned about the damage to
the roads that these trucks would cause, and Director Pinto
explained that only one franchise hauler would service an area,
32
which would eliminate the duplication we have now. So, any wear
and tear to the roads would be cut in half.
Commissioner Wheeler asked if we are going to be able to
service such remote areas as Blue Cypress and areas where houses
are set back quite a ways from street, and Director Pinto said
that there are provisions for exemptions in some cases.
Mr. Schick agreed with the others that we need to send this
matter back to the drawing board. He believed there should be no
taxation without representation, and that it is going to get so
that people will not be able to live in Vero Beach anymore except
for the Johns Island type. He thanked the Board for their time.
Ralph Lundy wished to make one more point and that is that
renters will be afraid to put their garbage out at the curb
fearing that the property owner will raise their rent, but
Director Pinto explained that anyone who lives in a residence in
the county whether they rent or own their homes will have their
garbage picked up no matter what relationship they have with
their landlord. Every residence will be assessed for the
service, so people may as well use it because the property owner
will not be charged anything less just because garbage isn't put
out on the curb.
There being no others who wished to speak, the Chairman
closed the Public Hearing.
After almost three hours of discussion, the Commission
indicated their desire to send the proposed mandatory collection
ordinance back to staff for further research and alternatives.
Commissioner Wheeler preferred going with mandatory
recycling before going into mandatory collection.
Commissioner Bowman wanted to give voluntary recycling more
of a chance.
Chairman Eggert was concerned about liens being placed on
people's homes for non-payment of this assessment.
Commissioner Bird wanted staff to come back with the overall
costs so that the actual monthly pickup charge can be determined.
33 AUG 0 1J"�
1
r Eek; F 1i G 199Q Gap
AUG 0 71990
9
7
Commissioner Wheeler
felt we need to make the people
understand what we want them to do.
Director Pinto didn't know of Qne community in the country
where there is mandatory recycling without mandatory collection.
Communities start with mandatory collection and voluntary
recycling and separation. If someone doesn't want the service
and asks for an exemption, there is a provision for that. The
Commission does have the authority to exempt areas.
Commissioner Wheeler just didn't understand why recycling
cannot be addressed without going into mandatory collection.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Scurlock being absent) denied the
recommendation for mandatory collection and directed
staff to come back with alternatives to recycling
without mandatory collection.
NORTH COUNTY OFFICE SPACE LEASE
The Board reviewed the following memo dated 7/30/90:
DATE: JULY 30, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICL A
SUBJECT: NORTH COUNTY OFFICE SPACE LEASE
BACKGROUND:
At the regular meeting on June 12, 1990 the Board authorized leasing
of 2,875 square feet of office space at Sebastian Square. The lease
price was approved at $7.00 per square foot or $20,125.00 annually,
for a term of two years without escalation in price.
34
ANALYSIS:
The attached lease agreement is the product of our negotiations with
The Westin Reid Group (WRP), and FBN Properties, Inc., for the above
described premises.
RECOMMENDATIONS: -
Staff recommends Board approval of the lease and authorization for
the Chairman to execute the documents.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
lease agreement with The Westin Reid Group and FBN
Properties, Inc., as recommended by staff.
LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
IRC BID #90-92 - FURNISHING RENTAL UNIFORMS
The Board reviewed the following memo dated 7/30/90:
DATE: July 30, 1990
TO: HONORABLE BOARD OF COUNTY COMNaSSIONERS
THRU: James E Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: Dominick L. Mascola, CPO Manager
Division of Purchasing
SUBJ: IRC BID #90-92 Furnishing Rental Uniforms
T]T /�fl/RY1TThTT�
On request frcgn the Personnel Division the subject bid was properly
advertised and Fourteen (14) Invitations to Bid were sent out. On July
25, 1990, bids were received with Two (2) vendors submitting proposals
for the commodity.
35
AUG 0 ? 1990
rAUG o7
'990
ANALYSIS:
Staff has reviewed the submittals to ascertain adherence to all specifi-
cations. Rent Wear, Incorporated was the low bidder that met all require-
ments.
FUNDING:
Monies for this project will cane from Sandridge, Traffic Engineering,
Road & Bridge, Parks, Utilities, Building & Grounds, and Fleet Management
Accounts for other Uniforms & Clothing.
PWOMMETIDATI0NS:
Staff recd mends the Award of a Three (3) year 0PEN END CONTRACT to Rent
Wear, Inc., with an estimated value of $50,128.00 per year. Also, authorize
the Purchasing Manager to renew the Contract subject to satisfactory performr-
ante, zero cost increase, vendor acceptance, and deteanination that renewal
is in the best interest of the County. The initial contract period shall
begin on September 1, '1990 .
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Commissioner Scurlock being absent) awarded a 3 -year
open end contract to Rent Wear, Inc., as set out in
the above staff recommendation.
BOARD OF COUATY COMAIWONEW
1&0 MA svelk Vew BOWL FJGr 9Za60
a
! t *
Recon- tided Acord SEAT NE", INC �RI
W 50,128.00
DM. 7/23/90
PURCHASING DEPT.
BID TABULATION
Subnnfted BY OwninickLMescole
PURCHASING MANAMM
Bid N&90-92 0016 Of 0PWdn0 2123/90
Bid Title rURN.SLINO RENTAL DHIFOXW
1. RENT AEARIAC
830 128.00 •
2610 ORA9OE AVE
4 On 'e ve k
FO SOI 1868
FT FIERCE FL 34934
607-464-3911
2. UNIFORMS FOR INDUSTRY
861,887.28
'
200 AVE `F• SUITE I1
(84.94 per'pereee per week)
RIO RA SE CR FL 33404
36
WIDENING OF NORTH GIFFORD ROAD (45TH STREET) RAILROAD CROSSING
The Board reviewed the following memo dated 7/31/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director or�r
SUBJECT: Widening of North Gifford Road (45th Street)
Railroad Crossing
REP. LETTER: W.S. Stokely, Chief Engineer of FEC
Railway, to Michelle Terry dated
July 19, 1990
DATE: July 31, 1990
DESCRIPTION AND CONDITIONS
Under the Gifford Road Improvements project approved in
1985, staff proposed widening the North Gifford Road FEC
Railroad crossing along with three lane roadway widening.
The widening and resurfacing of North Gifford Road is now
complete except for the widening of the crossing.
Correspondence from the EEC Railway Co. has indicated that
_ the cost to the County to widen this crossing is $110,646.
ALTERNATIVES AND ANALYSIS
Recent observations at this crossing reveal that no traffic
capacity problems currently exist and the roadway widening
at the EEC Railway is not critically needed at this time.
Once the Phase IV North Extension of Indian River Boulevard
and easterly extension of 45th Street is constructed, a
re-evaluation of the need to widen the crossing may be
warranted.
RECOMMENDATIONS AND FUNDING
It is recommended that the County not proceed with widening
of the crossing at this time, but that an re-evaluation be
conducted once Indian River Boulevard Phase IV is complete.
37
AUG 0 71990 WIF 111 F� y,F. `��� ,
AUG 0
71990 ROOK 60 �, �F 77
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved staff's
recommendation not to proceed with the widening of the
crossing at this time, and directed staff to conduct a
re-evaluation once Indian River Boulevard Phase IV is
completed.
RELEASE OF RETAINAGE TO COASTAL TECHNOLOGY CORPORATION - PETITION
PAVING PROJECTS
The Board reviewed the following memo dated 7/30/90:
-----------------------------------------------------------------
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and*
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile, CET
Civil Engineer
SUBJECT: Release of Retainage - Petition Paving Projects
Coastal Technology ---Corporation
DATE: July 30, 1990
-----------------------------------------------------------------
DESCRIPTION AND CONDITIONS
The design of the following petition paving projects by Coastal
Technology.-. is complete:
1) 12th Avenue from 12th Street to 14th Street
2) 85th Avenue and 85th Court in Paradise Park
3) 15th Place East of U.S. 1
4) 35th Avenue from 4th Street to 6th Street
The consultant is requesting release of the 10% retainage in the
agreement
amount of $2,200.00 as withheld by the County via the a g
between the Consultant and the County.
RECOMMENDATION AND FUNDING
Since the work is complete, staff recommends release of the 10%
retainage in the amount of $2,200.00. Funding to be from
Petition Paving fund 173.
.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
release of 10% retainage in the amount of $2,200, as
recommended by staff.
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND CLAYTON, WILLIAMS &
SHERWOOD, INC. - VILLAGE GREEN EAST MOBILE HOME -PARK
The Board reviewed the following memo dated 7/31/90:
DATE: JULY 31, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN /P
DIRECTOR OF UTILIT��RVICES
PREPARED HARRY .E. ASHER.
AND STAFFED ASSISTANT DIRE R OF UTILITY SERVICES
BY:
SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
CLAYTON, WILLIAMS & SHERWOOD, INC. (CWS)
BACKGROUND
Clayton, Williams & Sherwood, Inc., (CWS) is currently negotiating
'. for the purchase of the Village Green East Mobile Home Park (Village
._Green) with the owner, Wilder Corporation. CWS currently owns
Lakewood Village Mobile Home Park, located on 90th Avenue.
On May 9, 1989, Indian River County entered into an agreement with
Wilder Corporation to provide water and wastewater service to
Village Green. CWS has proposed a revision to the May 9, 1989,
agreement in its efforts to purchase Village Green.
ANALYSIS
The May 9, 1989, agreement set forth water and wastewater impact fee
payment provisions as follows:
1. Both water and wastewater impact fees shall be paid at the time
of sale or resale of existing units within Village Green.
2. If expanded, water and wastewater impact fees for any new
residences shall be paid at the time of connection to the
system.
3. At twelve years from the date of this agreement (May 9, 1989),
sewer impact fees at tha then -current rate shall be paid for
all units for which such impact fees have not been paid. There
is no time limit on payment of water impact fees.
39
AUG 0 71990 7_17
Bou ".)
The agreement 'proposed' -by CWS would modify the May 9, 1989,
agreement as follows:
1. For a period of ten years from the date of the new agreement,
all water and sewer impact fees charged to each equivalent
residential unit (ERU) at Village Green shall increase
annually no more than the ?hange in _the United States
Department of Labor Consumer Price Index, U. S. City Average,
All Urban Consumers. The base amount used for this calculation
shall be the current impact fees recommended by CH2M Hill, 800
Fairway Drive, Suite 350, Deerfield Beach, Florida 33441, in
their study of Indian River County sewer and water impact fees,
rates, and other utility concerns. Such study is expected to
be completed in the fall of 1990.
2. At any time during the ten year period, CWS may notify Indian
River County of its intent to pay off all remaining unpaid
water and sewer impact fees for each equivalent residential
unit (ERU) at the then -current water and sewer impact fees and
have six months to make this lump -sum payment.
3. This agreement is effective if, and only if, CWS purchases the
community before September 30, 1990.
RECOMMENDATION
The Department of Utility Services recommends the approval and
authorization to execute the proposed agreement provided the
following amendments are made:
1. The time period should be reduced from ten years to seven
years. (The present contract allows twelve years.)
2. The annual increase in impact fees should be based on the
annual increases established by the Engineering News Record
rather than the C.P.I.
3. CWS can pay off the debt:at any time without notice, but the
fee will be whatever it is up to the date of payment.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved staff's
recommendation asset out in the above memo.
AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED
40
CHANGE ORDER NO. 3 - INDIAN RIVER BOULEVARD FORCE MAIN CONTRACT
WITH OWL AND ASSOCIATES - WORK AUTHORIZATION MODIFICATION WITH
KIMBALL/LLOYD AND ASSOCIATES, INC.
The Board reviewed the following memo dated 7/31190:
DATE: JULY 31, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR/
FROM: TERRANCE G. PINT06�PV1
DIRECTOR OF UTILITY SERVICES
SUBJECT: CHANGE ORDER NO. 3 TO THE INDIAN RIVER.
BOULEVARD FORCE MAIN CONTRACT WITH OWL AND
ASSOCIATES AND A WORK AUTHORIZATION
MODIFICATION TO KIMBALL/LLOYD AND
ASSOCIATES, INC.
PREPARED WILLIAM F. McC
AND STAFFED CAPITAL PROJECR
M1SEfRVICES
BY: DEPARTMENT OF
BACKGROUND
We are currently finishing the construction of the Indian River
Boulevard Force Main. We wish to add a third change order to Owl
and Associates' contract, and amend our work authorization with
Kimball/Lloyd and Associates, Inc. The purpose of these changes is
to install approximately 4,000 feet of 12" force main on 82nd
Avenue, south of 4th Street, per our County sewer master plan. The
pipe to be installed is the County -owned 12" pipe previously removed
from the contract with Owl and Associates (Change Order No. 1).
The modification to the Kimball/Lloyd contract is for surveying of
82nd Avenue, so that a plan sheet can be prepared by the Utilities
Department staff.
ANALYSIS
The change order to Owl and Associates (Change Order No. 3) is in
the amount of $51,087.00. The work authorization modification with
Kimball/Lloyd and Associates is in the amount of $2,000.00. This
work will be performed after the final payment for the Indian River
Boulevard has been submitted to the Board. Therefore, we will
request that the original bond on the job be replaced with a
separate bond to cover this change order when final payment of the
original job is approved. Monies for this work will come from the
impact fee fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the following:
1. Approval of Change Order No. 3 with Owl and Associates.
2. Approval of the'work authorization with Kimball/Lloyd and
Associates (see attached work authorization with
Kimball/Lloyd and Associates), and prepare plans for this
work in-house.
3. Release of the original bond at the time of the final pay
request for the original Indian River Boulevard job, and
issuance of a second bond to cover only Change Order No.
3.
AU80 71990 41�o� tri
Fr- -1
AUG 071990
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Scurlock beipg absent) approved staff's
recommendation as set out in%the above memo.
CHANGE ORDER #3 AND WORK AUTHORIZATION MODIFICATION ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WORK AUTHORIZATION WW -4A - MASTELLER AND MOLER ASSOC. - NORTH
COUNTY SEWER COLLECTION SYSTEM
The Board reviewed the following memo dated 7/31/90:
DATE: JULY 31, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO ;ICE`-'
DIRECTOR OF UTILITY S ICES
SUBJECT: WORK AUTHORIZATION NO. WW -4A ADDENDUM TO
WORK AUTHORIZATION WW -4 WITH MASTELLER AND
MOLER ASSOCIATES, INC.
IRC PROJECT NO. UW -87 -27 -CCS
• PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITAL PROJECTS ENGINEER.
BY: A OF UTILITY SERVICES
BACKGROUND
As pointed out in our Capital Projects Report for the month of April
(to present), several design changes had to be made in the North
County Sewer Collection System and Effluent Disposal System.
Please see the attached monthly progress report, the Masteller and
.-Moler letter (Items No. 2 and 3, and the attached letter from -
Terrance G. Pinto, dated February 20th.
ANALYSIS
The design changes were necessitated for reasons that are explained
in the aforementioned attachments. Below, please find an itemized
list of the changes and associated engineering costs:
1. River Run connection due to $3,500.00
Reflections not connecting to the
system at this time
2. Sandridge Golf Course pond modifications $4,400.00
and effluent disposal line changes
Total $7,900.00
Funds for this work will come from Account No. 435-000-169-413.00.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Work Authorization WW -4A with
Masteller and Moler Associates, Inc.
42
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved Work
Authorization WW -4A with Masteller and Moler
Associates, Inc., as recommended by staff.
WORK AUTHORIZATION 'IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
LETTER OF SUPPORT FOR RIVERSIDE THEATRE, INC.
The Board reviewed the following letter dated 7/24/90:
RIVERSIDE THEATRE, INC.
July 24, 1990
JUL 1990
RECEIVED
BOARD COUNTY
COMMISSIONERS
C%Zolyn K. Eggert, Chairman
ndian River _County Board of Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Chairman Eggert,
DISTRIBUTION LIST
Commissioners 04A CE
Administrator
Attorney
Personnel
Public Works
Community Dev.
Utilities
Finance
Other
In past programs Riverside Theatre has printedsupport
letters from the Mayor of Vero Beach and the Secretary
of State. This season we would hope to include a letter
from the Chairman of the County Commissioners, if you
could oblige.
We have enclosed last year's program in which letters
appear on page 7.
If you have a black and white glossy picture which you
could send along with the letter we would be delighted
to include it.
Thank you for your consideration.
Sincerely,
Ma�yn Chenault
Mary Ellen Replogle
P.O. Box 3788, Vero Beach, Florida 3.2964
Business Office: 231-5860 Box Office: 231-6990
AUG 071990 43 ` AOR
AUG 0 71990°1
ON MOTION by*Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Commissioner Scurlock being absent) authorized the
Chairman to write a letter of support for the Riverside
Theatre, Inc.
REPRESENTATION ON ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
RECREATION ADVISORY COUNCIL
The Board reviewed the following memo dated 7/23/90:
TO: Carolyn K. Eggert DATE: July 23, 1990 FILE:
Chairman
SUBJECT: Representation on
St. Johns River
Water Management District
Recreation Advisory ;
Council
x
FROM: Richard N. Bird REFERENCES:
I am enclosing a letter from the St. Johns Conservation Club that
they sent to me in June requesting a seat on the St. Johnd River
Water Management District Recreation Advisory Council.
Indian River County presently has two seats on the Council which
are occupied by myself and Tommy Thomas, with the alternates
being Susan Wilson and Roland DeBlois. Tommy Thomas has
indicated to me that he would be agreeable to giving up his seat
on the Council and would prefer to be my alternate.
The St. Johns Conservation'Club has been very active in attending
nearly every Advisory Council meeting, as well as the Board
meetings of the St. Johns River Water Management District. I
believe that their organization does represent a group of
individuals that should be represented on. this Council, and I
would recommend that we award a member of the Conservation Club
(either Jim Thomas or Dale Bryant) the seat presently occupied by
Tommy Thomas, having Roland DeBlois as their alternate and
changing Tommy Thomas'to be my alternate, replacing Susan Wilson.
Would you please place this matter on the agenda at the earliest
convenience.
ri
44
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Scurlock being absent) approved the
representation on the SJRWMD Recreation Advisory
Council as recommended by Commissioner Bird in the
above memo.
SOLID WASTE DISPOSAL DISTRICT MEETING
The Chairman announced that immediately following
adjournment of this meeting, the Board will reconvene as the
District Board of Commissioners of the Solid Waste Disposal
District. Those minutes are being prepared separately.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:31 o'clock P.M.
ATTEST;
Clerk
AUG 0 7 1990
45
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