HomeMy WebLinkAbout4/7/1992BOARD OF COUNTY COMMISSIONERS
- INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, APRIL 7, 1992
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
A
Carolyn K. Eggert, Chairman James E. Chandler, County Administrator
Margaret C. Bowman, Vice Chairman
Richard N. Bird Charles P. Vitunac, County Attorney
Don C. Scurlock, Jr.
Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board
9:00 A.M. I. CALL TO ORDER
2. INVOCATION -
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
aX As Item 13-A-3:;. United Artists Cable's donation of plants for SR -60.
b) As Item 13-A-4, a request by the League of Women Voters.
c) As Item 11-G-6, a status report on traffic light at U.S. #1 and
Highland Drive ..
d) As Item 13. -C -I, Parks & Recreation Committee meeting report.
e) As Item 13-B�1, a request for funds by Treasure Coast Coalition of
Local Governments.
f) As Item 13-E-2, discussion regarding committee assignments and
liaison positions.
g) Under item 12, a brief announcement on litigation.
h) Deferment of one week of Item 9-.A-2 - Request by Council of 100
or Partial Funding.
S. PROCLAMATION AND PRESENTATIONS
Adoption and presentation of Proclamation Designating
April 1 - 30, 1992 as "Yes You Can Buy A Home In Indian
River County" Month
S. APPROVAL OF MINUTES
A. Regular Meeting of 2/11/92
B. Regular Meeting of 2/18/92
7. CONSENT AGENDA
A. Approval of Appointment of Deputy Sheriff by Sheriff
Tim Dobeck: Jason A. Griffin
B. Received and placed on file in the office of Clerk
to the Board:
i Comprehensive Annual Financial Report for FY ended
9/30/91
Certification Sheet of Annual Financial Report of
IRC Soil E Water Cons. Distr. for FY ended 9/30/91
Copy of Financial Audit 8 -One Copy of Financial Report
for Year ended 9/30/91 for Fellsmere Water Cont. Dist.
APR 0
APR 07 1992
(300Kf't.;t�
7. CONSENT AGENDA (cont'd. ):
B. Received S placed on file in Ofc. of Clerk to
the Board (cont'd):
General Purpose Financial Statements as of
9/30/91 for Vero Lakes Water Control District
Copy of Minutes of the Quarterly Meeting of
the Board of Supervisors of Sebastian River
Water Control District held 2/19/92
Annual Financial Report,of Units of Local
Government - 1991 - for IR Mosq . Control Dist.,
8 copy of Financial Statement Audit for FY
Ended 9/30/91
Special District Financial Report 1991 for Fla.
Inland Navigation District - E FY 90/91
Medical Service Center - Streetlights
( memorandum dated March
Audit
C. Release of Utility Liens
J.
( memorandum dated March 31,
1992 )
D. Historical Resources Advisory
( memorandum dated
Committee
March 31,
1992 )
E. Appointment of Frank Oberbeck to Transportation
Planning Committee
( letter dated March 30, 1992 )
Unit 1
F. Appointment of Carolyn Corum
Advisory Committee
to Land /acquisition
( letter dated March 30, 1992 )
Final Extension of Norman Hensick's Contract 8
Posted Security to Guarantee
G. Appointment of Bill Jordan to County Economic
Development Committee & Beach Restoration E
Preservation Committee
( letter dated March 18, 1992 )
H. Request to Attend Fla. Records Mgmt. Assoc.
Conf. . - May 4th and Sth, 1992
( memorandum dated April 1, 1992 )
I •
Medical Service Center - Streetlights
( memorandum dated March
27, 1992 )
J.
FY 1992-93 Anti -Drug Abuse Grant Funding
. ( memorandum dated March
24, 1992 )
K.
Final Extension of Vista Properties' Contract
8 Posted Security to Guarantee
Completion of
Internal Sidewalks for the Walker's Glen S/D,
Unit 1
( memorandum dated March 30, 1992 )
L.
Final Extension of Norman Hensick's Contract 8
Posted Security to Guarantee
Completion of
Internal Sidewalks for the Woodlands S/D
( memorandum
dated March 30, 1992 )
M.
Extension of Windsor Properties Inc.'s Contract
E Posted Security to Guarantee
Completion of
Windsor Ph. I Required S/D Improvements
( memorandum dated March 30, 1992 )
N.
Final Plat Approval for the Grove S/D
(
memorandum dated March 30, 1992 )
O.
IRC / SJRWMD County -Wide Well Plugging Program:
Amendment to the Agreement
( memorandum dated March 30, 1992 )
17
7. CONSENT AGENDA (cont'd. ):
P. Revisions to the SJ RWMD Interlocal Agreement
for SWIM Grant Funding
( memorandum dated March 30, 1992 )
Q. Release of Easement Petition by Oscar C.
Simmons, Lot 8 E the Southerly Ten (10) Feet of
Lot 6, Blk. 8, Tropical Village Estates S/D
(memorandum dated March 19, 1992)
R. IRC Bid #92-84 / Used Self -Propelled Roller for
Public Works Dept.
( memorandum dated March 23, 1992 )
S. IRC Bid #92-87 / Floridacres Water Main for
Utilities Dept.
( memorandum dated March 30, 1992 )
T. Request for Final Payment - Courthouse Site
Demolition
( memorandum dated March 30, 1992 )
U. Relocated Gifford Dock Rd. - County Deed
( memorandum dated March 25, 1992 )
V. Request for Public Hearing Date: Ordinance
Prohibiting Blocking of Streets by RR Trains
( memorandum dated March 26, 1992 )
W. Request for Public Hearing Date: Chapter 20 -
Sheriff and Law Enforcement of 1974 Code
( memorandum dated March 23, 1992 )
X. Request for Public Hearing Date: Repeal of
Chapter 16 - Mobile Homes, ModularHomes and
House Trailer
( memorandum dated March 18, 1992 )
Y. Request for Public Hearing Date: Repeal of
Chapter 10 1/2 Housing
( memorandum dated March 26, 1992 )
Z. Request for Public Hearing Date: Ordinance
Late Night Retail Stores
( memorandum dated March 26, 1992 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
1. James Anthony Request for County Allowance
of Seafood Roadside Vending
( memorandum dated March 23, 1992 )
2. Council of 100 Request for Partial Funding
(memorandum dated April 1, 1992)
B. PUBLIC HEARINGS
Blue Cypress Lake Wastewater Service Project,
Resolution No. III
(memorandum dated March 23, 1992)
APR 0 7 1992 BOOK
APR 0 7 1992 t�
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Transmittal of the Coordinated Transportation
Disadvantaged Development Plan to the State of
Florida Transportation Disadvantaged Commission
( memorandum dated March 23, 1992 )
B. EMERGENCY SERVICES
Approval of FY 90-91 EMS Grant Modification 8
Purchase New Suction Equipment for Emergency
Transport Vehicles Due to Changes in HRS EMS
Equipment Specifications
( memorandum dated March 19, 1992 )
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Round Island Park Site Improvements
Amendment No. 1
( memorandum dated March 27, 1992 )
2. FEC Grade Crossing License Agreement
Oslo Rd. Improvements West of US 1
( memorandum dated March 24, 1992 )
3. I.R. Blvd. Ph. 3, R -O -W Parcel #109
Settlement Agreement
( memorandum dated March 30, 1992 )
4. License Agreement to Permit Existing House
to Encroach Ind. Riv. Drive R -O -W in City
of Sebastian
( memorandum dated March 20, 1992 )
5.
'Bid Award #92-78/Sandridge Clubhouse, Golf
Cart Storage, S Maint. Bldgs.
(memorandum dated April 1, 1992)
H. UTILITIES
Blue Cypress Lake Community Sewer Improvement
Project - I.R.C. Bid No. 92-29
( memorandum dated March 20, 1992 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
1. AMTRAK Resolution
( memorandum dated March 24, 1992 )
2. Request from Indian River Land Trust
for Letter of Support
(letter dated April 1, 1992)
B. VICE CHAIRMAN MARGARET C. BOWMAN
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER GARY C. WHEELER -
First Amendment to Contract with Chamber of
Commerce Designating Them as Official County
Tourist Bureau
( memorandum dated March 20, 1992 )
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 2/11/92
2. Approval of Minutes - Meeting of 3/3/92
3. Assessment & Waste Generation Study
RFP 92-55
( memorandum dated March 23, 1992 )
15. ADJOURNMENT
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.
PooK
APR 0 7 1992
Tuesday, April 7, 1992
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, April 7, 1992,
at 9:00 o'clock A.M. Present were Carolyn R. Eggert, Chairman;
Margaret C. Bowman, Vice Chairman; Richard N. Bird; Don C.
Scurlock, Jr.; and Gary C. Wheeler. Also present were James E.
Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Barbara Bonnah, Deputy Clerk.
Chairman Eggert called the meeting to order, and led the
Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert requested two additions to today's Agenda:
a) As Item 13-A-3 to today's Agenda, United Artists
Cable's donation of ornamental plants for SR -60.
b) As Item 13-A-4, a request from the League of Women
Voters.
Commissioner Bird requested the addition of a Parks &
Recreation Committee report as Item 13-C-1 and the addition as Item
11-G-6 of a status report on the installation of the traffic signal
at U.S. #1 and Highland Drive.
Commissioner Bowman wished to add under her matters a request
for funds from the Treasure Coast Coalition of Local Governments.
Commissioner Wheeler requested the addition as Item 13-E-2 of
a discussion regarding committee assignments and liaison positions.
Administrator Chandler requested a one week deferment of Item
9-A-2 - Request by Council of 100 for Partial Funding.
Attorney Vitunac wished to add a brief announcement under his
matters.
tiff;1k T`�:
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APR �D'7 X992 ROOK FA,
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously added and
deferred the items listed above.
PROCLAMATION AND PRESENTATIONS
Chairman Eggert read aloud the proclamation designating April
1-30, 1992 as "Yes You Can Buy A Home in Indian River County Month"
and presented it to June Mitsakos, Chairman of the Vero Beach Board
of Realtors.
osi
P R O C L A M A T I O N
•DESIGNATING APRIL 1 - 30, 1992 AS
YES YOU CAN BUY A HOME IN INDIAN RIVER COUNTY MONTH
WHEREASt the Vero Reach -Indian River County Board of
Realtors proclaims April 1 - 30 as "Yes You Can Buy a Home ill
Indian River County" month; and
WHEREAS, the year-long campaign is a public awareness
campaign aimed at the citizens of Indian River County; and
WHEREAS, the campaign will educate individuals and families,
who currently rent or want to trade -up, about the value of
home ownership; and
WHEREAS, the campaign will inform the public about financing
opportunities and homes available within their price range; and
WHEREAS, we are experiencing one of the best buyers' markets
in years because of low interest rates; and
ASt
is to
welcomeEbbuuyers t the
the market,the
and how them that buying anhom is
one of the most important investments Americans.ma.ke; and
WHEREAS, real estate activity in the:: United States
contributes enormously to our economic and social well-being; and
WHEREAS, homey ownership is the foundation of this country's
Prosperity, and it allows citizens to put down roots and develop
a commitment to community development; and
encouragesEAS, the Vero
ch - Indian
Board of
RealtWorisRall the apeople in Indian vRiver er oCo my to take
advantage of the current market conditions and say "Yes I Can Buy
a Home in Indian River Countys"
NOW, THEREFORE, HE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS of Indian River County, Florida that April 1 - 30,
1992 be designated as
YES YOU CAN BUY A HOME IN INDIAN RIVER COUNTY MONTH
in Indian River County, Florida.
The Board wishes to remind all our citizens of the freedom
to own private property; and that now is a good time to buy a
home in Indian River County.
Adopted this 7th day of April, 1992.
2
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
4*Firman
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meetings of February 11, 1992 and
February 18, 1992. There were none.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously approved
the Minutes of the Regular Meetings of 2/11/92 and
2/18/92, as written.
CONSENT AGENDA
Commissioner Scurlock requested that Item M be removed from
the Consent Agenda for discussion, and Commissioner Bird requested
that Item V be removed also.
A. Auproval of Appointment of Deputy Sheriff by Sheriff Tim Dobe-11-
ON
obeckON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment by Sheriff Tim Dobeck of Jason A.
Griffin as Deputy Sheriff of Indian River County.
B. Reports
The following were received and placed on file in the Office
of Clerk to the Board:
Comprehensive Annual Financial Report for Fiscal Year
Ended 9-30-91
Certification Sheet of Annual Financial Report of IRC
Soil & Water Conservation District for Fiscal Year Ended
9-30-91
Copy of Financial Audit and One Copy of Financial Report
for Year Ended 9-30-91 for Fellsmere Water Control
District
General Purpose Financial Statements as of 9-30-91 for
Vero Lakes Water Control District
Copy_ of Minutes of Quarterly Meeting of Board of
Supervisors of Sebastian River Water Control District of
2-19-92
Annual Financial Report of Units of Local Government,
1991, for Indian River Mosquito Control District and copy
of Financial Statement Audit for Fiscal Year Ended
9-30-91
3
it ►s 1�? �'
BOOK (35 [MUE
r
APR BOOK
Special District Financial Report 1991 for Florida Inland
Navigation District and Fiscal Year 1990-1991 Audit
C. Release of Utility Liens
The Board reviewed memo from Lea Keller, CLA, dated March 31,
1992:
TO: Board of County Commissioners
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: March 31, 1992
RE: CONSENT AGENDA - B.C.C. MEETING 4/7/92
RELEASE OF UTILITY LIENS
I have prepared the following lien -related documents and request that
the Board authorize the Chairman to sign them:
1. Releases of Special Assessment Liens from
PHASE I WATER PROJECT in the names of:
VOLO
WIGHT
2. Satisfactions of Impact Fee Extension
Liens in the names of :
BRISTOL
MATTHEWS
3. Releases of Special Assessment Liens from
8TH STREET WATER PROJECT in the names of:
VESS
BODINE
BURNEY
GARDINER
4. Release of Special Assessment Lien from
A -1-A WATER PROJECT in the name of:
PLYMEL CONSTRUCTION
5. Releases of Special Assessment Liens from
ROCKRIDGE SEWER PROJECT in the names of:
NELSON
DIPEPPE
-7
6. Release of Special Assessment Lien from
NORTH COUNTY SEWER PROJECT in the name of:
COLLETTI
7. Releases of Special Assessment Liens from
12TH STREET WATER PROJECT in the names of:
DOLLIER
HAWKINS
8. Release of Special Assessment Lien from
MIRAFLORES WATER PROJECT in the name of:
MACRI
9. Release of Special Assessment Lien from
RIVER SHORES WATER PROJECT in the name of:
JAMISON
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the Releases
and Satisfactions of Liens, as recommended by staff.
RELEASES AND SATISFACTIONS OF LIENS ARE ON FILE IN
THE OFFICE OF THE COUNTY ATTORNEY
D. Historical Resources Advisory Committee
The Board reviewed the following memo dated 3/31/92:
TO: Margaret Gunter DATE: March 31, 1992 FILE:
SUBJECT: Historical Resources
Advisory Committee
FROM: Gary C. Wheeler REFERENCES:
County Commissioner
Please put this on the April 7th Consent Agenda to accept
the appointment of Carolyn Short to the Historical Resources
Advisory Committee. Her resume is attached.
Thank you.
APR 07
R
BOOK Cie F J�
APR 0
BOOK C�i� f',3;E '._ ii 1)
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
appointed Carolyn Short to the Historical Resources
Advisory Committee.
E. Appointment of Frank Oberbeck to Transportation Planning
Committee
The Board reviewed a letter from Sebastian City Clerk Kathryn
O'Halloran dated March 30, 1992:
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
March 30, 1992
Board of County Commissioners
Transportation and Planning Committee
1840 25th Street
Vero Beach, Florida 32960
Attn: Alice White
Dear Ms. White:
Vice Mayor Frank Oberbeck was appointed as the regular member to
the Transportation and Planning Committee at the March 25, 1992
Regular City Council Meeting.
Dr. Peter Holyk will continue as the alternate member.
Any correspondence in regard to the committee may be addressed to
Dr. Holyk and Vice Mayor Oberbeck at City Hall, P.O. Box 780127,
Sebastian, Florida 32978.
Please forward any schedules they may require.
Sincerely,
Kathryn M.
City Clerk
��a4a.-,
O'Halloran, CMC/AAE
A
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
appointed Frank Oberbeck as City of Sebastian's
representative to the Transportation and Planning
Committee and Dr. Peter Holyk as his alternate.
F. Appointment of Carolyn Corum to Land Acquisition Advisory
Committee
The Board reviewed a letter from Sebastian City Clerk Kathryn
O'Halloran dated March 30, 1992:
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589.5570
March 30, 1992
Board of County Commissioners
Indian River County Land Acquisition Committee
1840 25th Street
Vero Beach, Florida 32960
Attn: Jan Masi
Dear Ms. Masi:
Mrs. Carolyn Corum was appointed to the Land Acquisition
Committee at the March 25, 1992 Regular City Council Meeting.
Any correspondence in regard to the committee may be addressed to
Mrs. Corum at City Hall, P.O. Box 780127, Sebastian, Florida
32978.
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
7
APP 0 7 199
APP 0 A 199
ON MOTION by Commissioner
Commissioner Wheeler, th
appointed Carolyn Corum as
representative to the Land
Committee.
MOK 5 F'A' E j1L d
Scurlock, SECONDED by
e Board unanimously
City of Sebastian's
Acquisition Advisory
G. Annointment of Bill Jordon to the County Economic Development
Committee and the Beach Restoration and Preservation Committee
The Board reviewed a letter from Vero Beach Deputy City Clerk
Tammy Vock dated March 18, 1992:
OFFICE OF TM!
CITY CLERK
March 18, 1992
City of Vero Beach
1053 -20th PLACE - A 0. BOX 1389
VERO BEACH, FLORIDA - 32961-1389
Telephone: 567-5151
Mrs. Liz Folani, Administrative Assistant
Board of County -Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Liz:
DISTRIBUTION LIST
Commissioners cti ,01,0
Adm n str ator
Attorney
Pe, ...-.z i,13I
PuJ:i'+
r'vvOr:Cs
ol
Other R,�G'•.�'bo
• `�
At the City Council meeting held last Tuesday night, the Mayor
appointed Councilman Bill Jordan to serve on the County Economic
Development Committee and the Beach Restoration and Preservation
Committee.
If you have any questions, please let me know.
Sincerely,
Tanney K . '06ck
Deputy City Clerk
8
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
appointed Bill Jordan as City of Vero Beach's
representative to the County Economic Development
Committee and to the Beach Restoration and
Preservation Committee.
H. Request to Attend Florida Records Management Association
Conference on May 4 and 5. 1992:
TO: Board of County Commissioners
FROM: Liz Forlani, Executive Aide
Records Management Liaison
RE: Florida Records Management Association
Conference - May 4th and 5th, 1992
DATE: April 1, 1992
I am requesting authorization to attend the Florida
Records Management Association Conference in Ocala on
May 4th and 5th, 1992. With records management being an up
and coming part of the everyday workings of the county, I
feel, as the Record Management Liaison, any knowledge I
obtain in this area will be worthwhile in the assistance I
can give to those departments venturing into a basic records
management program.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized Executive Aide Liz Forlani to attend the
Florida Records Management Association Conference on
May 4 and 5, 1992 in Ocala.
I. Medical Service Center - Streetlights
The Board reviewed memo from OMB Director Joe Baird dated
March 27, 1992:
9
APR 07 1992
TO: Members of the Board
of County Commissioners
DATE: March 27, 1992
f A
BOOK
SUBJECT: MEDICAL SERVICE CENTER - STREETLIGHTS - CONS ENT AGENDA
FROM: Joseph A. Bair It
OMB Director
DESCRIPTION AND CONDITIONS
The Medical Service Center Lot Owners Association has requested the installation of two
(2) lights in the Medical Service Center Subdivision on 10th Court and 37th Place. The
City of Vero Beach Engineering Department has determined that two (2) 27,500 lumen
H.P.S. streetlights and one (1) 35' concrete streetlight pole on 10th Court will be required.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the request for a
streetlight, contingent upon completion of the following procedure:
I. Staff would bill Medical Service Center Lot Owners Association
$420.00 plus the $114.78 charge if they want underground conductors
in advance for the cost of two streetlights for a full year.
2. Staff would draft a standard single streetlight agreement between
Medical Service Center Lot Owners Association and Indian River
County.
3. Staff would add two (2) 27,500 lumen H.P.S. lights and one (1) 35'
concrete pole to the Master Streetlight Agreement between Indian
River County and the City of Vero Beach.
4. By approval of this agenda item, the Board would authorize the
Chairman to sign the agreement between Indian River County and
Medical Service Center Lot Owners Association.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the agreement
with Medical Service Center Lot Owners Association
as set out in the above staff recommendation.
AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD WHEN PROPERLY EXECUTED AND RECEIVED
10
J. Anti -Drug Abuse Grant Funding - FY 1992-93
The Board reviewed memo from Assistant to County Administrator
Randy Dowling dated March 24, 1992:
TO: Board of County CommissionersDATE: March 24, 1992 FILE:
THRU: James E. Chandler
County Administrator Y're
FY1992-93 Anti -Drug Abuse
SUBJECT: Grant Funding
Randy Dowling
FROM: Asst. to County Admin. REFERENCES:
BACKGROUND
Indian River County was allocated $128,506 in grant -funds from the Florida
Department of Community Affairs (FDCA) to fund local Anti -Drug Abuse projects
for FY 1990-91. The projects the Board approved and their corresponding
funding levels were:
1) Indian River County Jail Substance Abuse Program - Administered by New
Horizons of the Treasure Coast, Inc.
State Share 75% $38,771
County Share 25% 12,924
Total $51,695
2) Intervention /Aftercare Program - Administered by New . Horizons of the
Treasure Coast, Inc.
State Share 75% $38,771
County Share 25% 12,924
Total $51,695
3) First Start Program - Administered by the Indian River County School
Board
State Share 75% $21,516
County Share 25% 7,172
Total $28,688
4) Just Say No Program - Administered by the Just Say No Council of Indian
River County, Inc.
State Share 75% $17,447
County Share 25% 5,816
Total $23,263
5) Substance Abuse Advisory Council Administrative Expenses - Administered
by the Substance Abuse Council of Indian River County
State Share 75% $12,000
County Share 25% 4,000
Total $16,000
State share totaled $128,506, County share totaled $42,836, and the grand total
of all five projects totaled $171,342. All projects have been successfully
completed.
11
APR 0 7 1992 6 b r;��E
APR BOOK E
The County was also allocated $140,414 in grant funds for FY 1991-92. The
projects the Board approved and their corresponding funding levels were:
1) Indian River County Jail Substance Abuse Counseling Program and
Aftercare Program - Administered by New Horizons of the Treasure Coast,
I nc.
State Share 75% $78,454
County Share 25% 26,152
Total $104,606
2) First Start Program - Administered by the Indian River County School
Board
State Share 75% $30,472
County Share 25% 10,157
Total $40 26 9
3) Just Say No Program - Administered by the Just Say No Council of Indian
River County, Inc.
State Share 75% $17,447
County Share 25% 5,816
Total $23,263
4) Substance Abuse Advisory Council Administrative Expenses - Administered
by the Substance Abuse Council of Indian River County
State Share 75% $14,041
County Share 25% 4,680
Total $1i—,7 1
State share totaled $140,414, County share totaled $46,805, and the grand total
of all four projects totaled $187,219. All projects are in their sixth month of
operation and will terminate on September 30, 1992.
CURRENT
This office received a letter dated March 20,
Indian River County has been allocated $138,816 In 92 g antthe fundsD CA for Yti 1992that
93
to fund local Anti -Drug Abuse projects. The letter also requested the Board to
serve as the coordinating unit of government in applying for the funds. The
Substance Abuse Advisory Council will be preparing their recommendation to the
Board regarding what projects to fund and their funding levels.
recommendation will be brought to the Board at a later dateThis
. The grant's third
year will continue to be funded 75% from the State and 25% from the County.
The budgetary impact on the County will not exceed $50,000.
RECOMMENDATION
Staff recommends the Board accept the invitation to serve as the coordinating
unit of government in the FDCA Anti -Drug Abuse Act Formula Grant Program
and authorize the Board Chairman to sign the Certification of Participation
naming Randy Dowling as the contact person.
12
� � r
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the invitation to serve as the coordinating unit of
government in the FDCA Anti -Drug Abuse Act Formula
Grant Program and authorized the Chairman to execute
the Certification of Participation naming Randy
Dowling as the contact person.
CERTIFICATE OF PARTICIPATION IS ON FILE IN THE, OFFICE OF THE CLERK
TO THE BOARD
K. Final Extension of Vista Properties' Contract and Posted
Security to Guarantee Completion of Internal Sidewalks for Walker's
Glen Subdivision
The Board reviewed memo from Current Development Staff Planner
Christopher Rison dated March 30, 1992:
TO: James E. Chandler
County Administrator
9
DIVISION HEAD CONCURRENCE:
<: � a , " g- , W --2 /.-- 7, -.-, -
Robert M-.lredtihho, AI
Community Devel Amen irector
THROUGH: Stan Boling, AICP
Planning Director �
FROM: Christopher D. Rison 0(51-
,.
Staff Planner, Current Development
DATE: March 30, 1992
SUBJECT: Final Extension of Vista Properties' Contract and Posted
Security to Guarantee Completion of Internal Sidewalks
for the Walker's Glen Subdivision, Unit 1
SD -88-06-008
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 7, 1992.
BACKGROUND AND CONDITIONS:
At its regular meeting of March 20, 1990, the Board of County
Commissioners approved a final plat application and Contract for
Construction for Required Sidewalk Improvements for the Walker's
Glen Subdivision, Unit 1 located west of the Healthland
Subdivision, on the south side of 26th Street.
13
BOOK � �
Since final plat approval, sidewalks have been provided with the
subdivision as residences have been constructed. As of this time,
over 50% of the internal sidewalk system has been constructed in
the subdivision. Pursuant to subdivision ordinance provisions, the
sidewalk completion deadline can be extended to June 12, 1994. The
developer wishes to extend the contract for construction, and staff
desires to see the sidewalk improvements completed. The developer
has submitted a Contract for Construction Extension Agreement and
a new Letter of Credit to secure the Contract Extension.
ANALYSIS:
The project engineer has certified that the new bond amount of
$5,075.00 represents 115% of the estimated cost to construct the
remaining required internal sidewalks for the subdivision. Staff
has no objection either to the estimate or to the extension of the
contract for construction. The County Attorney's Office has
reviewed and approved the Extension Agreement which has been
executed by the developer. As this is the final extension for
which this subdivision project is eligible, all remaining sidewalk
'improvements are to be completed by June 12, 1994.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the
Contract Extension and accept the new Letter of Credit (in the
amount of $5,075.00).
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Extension of Contract for Construction of
Required Sidewalk Improvements with Vista Properties
of Vero Beach, Inc., and accepted the amended letter
of credit #038691 from Harbor Federal in the reduced
amount of $5,075.00, as recommended by staff.
CONTRACT AND AMENDED LETTER OF CREDIT IS ON FILE IN THE OFFICE OF
MANAGEMENT AND BUDGET
14
L. Final Extension of Norman Hensick's Contract and Posted
Security to Guarantee Completion of Internal Sidewalks for the
Woodlands Subdivision
The Board reviewed memo from Current Development Senior
Planner Christopher Rison dated March 30, 1992:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
1�aza
obert- 9-.7—Ma—tiftb, A127
Community Develdpmenubirector
THROUGH: Stan Boling, AICP
Planning Director
FROM; Christopher D. Rison
Senior Planner, Current Development
DATE: March 30, 1992
SUBJECT: Final Extension of Norman Hensick's Contract and Posted
Security to Guarantee Completion of Internal Sidewalks
for the Woodlands Subdivision
SD -86-05-090
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 7, 1992.
BACKGROUND AND CONDITIONS:
At its regular meeting of November 3, 1987, the Board of County
Commissioners approved a final plat application and Contract for
Construction for Subdivision Improvements for the Woodlands
Subdivision, located to the east of The Meadows Subdivision, on the
north side of 1st Street S.W. The developer then proceeded to
complete construction of the subdivision improvements, except for
the internal sidewalk system for the subdivision. On March 1,
1988, the Board of County Commissioners approved a request by the
developer to establish a new Contract for Construction for Required
Sidewalk Improvements.
Sidewalks have been provided with the subdivision as residences
have been constructed. At this time, approximately 50% of the
internal sidewalk system has been constructed in the subdivision.
Pursuant to subdivision ordinance provisions, the sidewalk
completion deadline can be extended to March 1, 1993. The
developer wishes to extend the contract for construction, and staff
desires to see the sidewalk improvements completed. The developer
has submitted a Contract for Construction Extension Agreement and
a new Letter of Credit to secure the Contract Extension.
15
BOOK FA���
APR 07 1912
ANALYSIS:
The project engineer has certified that the new bond amount of
$14,885.37 represents 115% of the estimated cost to construct the
remaining required internal sidewalks for the subdivision. Staff
has no objection either to the estimate or to the extension of the
contract for construction. The County Attorney's Office has
reviewed and approved the Extension Agreement which has been
executed by the developer. As this is the final extension for
which this subdivision project is eligible, all remaining sidewalk
improvements are to be completed by March 1, 1993.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the
Contract Extension and accept the new Letter of Credit (in the
amount of $14,885.37).
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Final Extension of Contract for Construction of
Required Sidewalk Improvements with the Woodlands of
Vero, Inc., and accepted the amended letter of
credit 007 -LC -073702 from Barnett Bank in the
reduced amount of $14,885.37, as recommended by
staff.
CONTRACT AND AMENDED LETTER OF CREDIT IS ON FILE IN THE OFFICE OF
MANAGEMENT AND BUDGET
M. Extension of Windsor Pronerties Inc. Contract and Posted
Security to Guarantee Completion of Windsor Phase I Required
Subdivision Improvements
The Board reviewed memo from Current Development Senior
Planner John McCoy dated March 30, 1992:
16
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
�ZL A 10,
Kbbert M.- Meati g, A
Community Devel pmen Director
THROUGH: Stan Boling AICP
Planning Director
FROM: John W. McCoy, AICP /JOk
Senior Planner, Current Development
DATE: March 30, 1992
SUBJECT: Extension of Windsor Properties Inc.'s Contract and
Posted Security to Guarantee Completion of Windsor Phase
I Required Subdivision Improvements
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 7, 1992.
BACKGROUND AND CONDITIONS:
At its regular meeting of January 22, 1991, the Board of County
Commissioners approved the Windsor Phase I final plat application
along with a contract to construct the required subdivision
improvements. To guarantee the construction the applicant posted
a $477,269.57 letter of credit (in the County's favor) which
expires April 10, 1992. The applicant, Windsor Properties Inc.,
is now requesting that the County amend the original contract to
provide for a new expiration date of January 22, 1993, and a
$92,848.13 letter of credit to cover construction of the remaining
required improvements.
ANALYSIS:
All paving, drainage and utilities for Phase I have been
constructed by the applicant, and inspected and approved by the
County. The improvements yet to be completed include an 8' wide
bikepath along the project's western S.R. A.1.A. frontage, a 5'
wide public sidewalk along the project's eastern S.R. A.1.A.
frontage and vegetative plantings along the Jungle Trail. The
sidewalk and bikeway have been delayed due to permitting problems
with the Florida Department of Transportation (FDOT); it is
anticipated that these problems will be resolved in the near
future. While all of the Jungle Trail plantings have recently been
installed, the plantings have not been inspected or deemed
acceptable by county staff. The staff and applicant have agreed
that the County should retain funds sufficient to guarantee the
cost of the plantings until the survival of plantings can be
assured.
17
BOOK
APR ®7 1992
The County Attorney's Office has prepared an amendment to the
contract for required improvements which extends the completion
date until January 22, 1993 and notes the reduction in the amount
of the letter of credit to $92,848.13. The reduced bond amount has
been approved by the Public Works Director pursuant to Section
913.10(4)(B). The developer has executed the contract amendment
and agreed in writing to amend the existing Letter of Credit to
secure the contract. These documents have been approved by the
County Attorney's Office.
RECOMMENDATION:
Based on the above analysis, the staff recommends that the Board of
County Commissioners approve the contract amendment extending the
construction completion date by one year, and authorize the
Chairman to execute the contract amendment.
Commissioner Scurlock wished to point out that he has no
conflict of interest on this item.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the extension
of the Windsor Properties Inc. Contract and Posted
Security to Guarantee Completion of Windsor Phase I
required subdivision improvements and accepted the
amended letter of credit in the reduced amount of
$92,848.13, as recommended by staff.
COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
18
L�
N. .Final Plat Anuroval for the Grove Subdivision
The Board reviewed memo from Current Development Staff Planner
Christopher Rison dated March 30, 1992:
TO:
James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
/�24 P /)ff
Obert TK. Keatin , AICP/17
Community Development Dd&ector
THROUGH:
Stan BolidXICP
Planning Director
FROM:
pp
Christopher D. Rison �tV
Staff Planner, Current Development
DATE:
March 30, 1992
SUBJECT:
FINAL PLAT APPROVAL FOR THE GROVE SUBDIVISION
SD -88-11-021
#92020103
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April T, 1992.
DESCRIPTION AND CONDITIONS:
The Grove Subdivision is a proposed 68 lot residential subdivision
of a 38.9 acre parcel of land located on the northwest corner of
43rd Avenue S.W. and 13th Street S.W. The subject property is
zoned RS -3, Single -Family Residential (up to 3 units per acre) and
has an L-1, Low Density Residential 1 (up to 3 units per acre) land
use designation. The proposed density for the subdivision is 1.75
units per acre.
On August 9, 1990, the Planning and Zoning Commission granted
preliminary plat approval for The Grove Subdivision. A Land
Development Permit for the project was subsequently issued by the'
Public Works Department. The developer, The Grove of Vero, Inc.,
is now requesting final plat approval, and has submitted the
following:
1. A plat in conformance with the originally approved preliminary
plat;
2. An Engineer's Certified Cost Statement for Construction of the
Completed Subdivision Improvements;
3. A Warranty/Maintenance Agreement for the Required Subdivision
Improvements;
4. A Bill of Sale for Utilities Facilities for the subdivision's
installed water system; and
5. A security agreement, acceptable to the County Attorney's
Office, to guarantee the submitted Warranty/Maintenance
Agreement and Bill of Sale.
19
BOOK
I
APR ®7 1991
ANAT.VSTS t
� to - �^i �—�
moK �� F -AI 22
The required improvements have been completed by the developer,and
a Certificate of Completion for the subdivision has been issued by
the Public Works Department. To guarantee the performance of the
required improvements, the developer has submitted a
Warranty/Maintenance Agreement, Bill of Sale for Utilities
Facilities, and suitable security, approved by the County
Attorney's Office, to guarantee the Warranty/Maintenance Agreement
and Bill of Sale. With these documents, the developer has complied
with the appropriate requirements to obtain final plat approval.
ANALYSIS:
Staff recommends that the Board of County Commissioners grant final
plat approval for The Grove Subdivision and accept the submitted
Warranty/Maintenance Agreement, Bill of Sale, and posted security.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for The Grove Subdivision and
accepted the Warranty/Maintenance Agreement, Bill of
Sale and posted security, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF MANAGEMENT AND BUDGET
O. IRC/SJRWMD County -Wide Well Plugging Program - Amendment to
Agreement
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated March 30, 1992:
20
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Aw
Robert 1K. T. Kea t in ,A IC
Community Deve..loo, went rector
FROM: Roland DeBlois; AICP
Chief, Environmental Planning
DATE: March 30, 1992
RE: Indian River County/SJRWMD County -Wide
Well Plugging Program: Amendment to the Agreement
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 7, 1992.
DESCRIPTION & CONDITIONS
Indian River County is presently in its third year as a participant
with the St. Johns River Water Management District (SJRWMD) in a
50/50 cost share program for plugging abandoned flow wells. For
fiscal year 1991-1992, the Board of County Commissioners authorized
$30,000 toward the program: $15,000 for county -wide application,
and $15,000 for county utilities property.
This year, the county -wide well plugging program has been so
successful that program funds have already been expended. Any new-
found abandoned wells brought to staff's attention for the purpose
of plugging have necessarily been put on hold until next fiscal
year, pending budget approval.
Recently, however, two abandoned flow wells have been reported that
exist on county owned property, not relating to utilities. The
wells are located on the Equal Opportunities Council (EOC)
"Headstart." property at 6500 Old Dixie Highway in Winter Beach, and
at the Treasure Shores Park beach property on north AlA.
SJRWMD has agreed to plug the wells and pay half the cost under the
cost share agreement, provided the agreement is amended with the
county allocating an additional $2,000, which is the estimated half
cost for plugging the referenced wells.
As such, this matter is being brought before the Board to consider
authorizing an amendment to the current well plugging cost share
agreement, entailing the allocation of the additional $2,000.
ALTERNATIVES & ANALYSIS
According to SJRWMD staff, the referenced abandoned flow wells (in
their present disrepair) are a violation of Section 373.306,
Florida Statutes, and Chapter 40C-3, Florida Administrative Code.
Moreover, the wells contravene county comprehensive plan policies
and land development regulations calling for the elimination of
abandoned free-flowing wells, in the interest of groundwater
quality protection.
21
25 0 f V i f r" C 1 ',j
APR 0th 1992
FA -;L WI
Consequently, plugging the two wells is necessary for the county to
comply with state and local mandates. The most cost efficient and
timely alternative is to amend the present well plugging agreement
with SJRWMD, whereby the District will pay for half the plugging
cost and will perform the work. Otherwise, it would be the
county's responsibility to bear full cost in bringing the wells
into compliance.
County staff propose that the $2,000 cost share be taken from MSTU
contingency. Since the entire $4,000 cost to plug the two wells
would otherwise come from MSTU contingency, the $2,000 represents
less money from the same source to accomplish the same required
result. Allocation of the $2,000 will require a subsequent budget
amendment.
RECOMMENDATION
Staff recommends that the Board authorize execution of the attached
amendment to the SJRWMD well plugging cost share program agreement,
including an allocation of an additional $2,000 by the county (from
MSTU contingency) for this fiscal year.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the amendment
to the SJRWMD well plugging cost share program
agreement and allocated an additional $2,000 for
fiscal year 1991-92.
SECOND AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
P. Revisions to SJRWMD Interlocal Agreement for SWIM Grant Funding
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated March 30, 1992:
22
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Obert M. I esti , A
Community Development/Director
-120P
FROM: Roland DeBloissw-AICP
Chief, Environmental Planning
DATE: March 30, 1992
RE: Revisions to the SJRWMD Interlocal
Agreement for SWIM Grant Funding
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 7, 1992.
DESCRIPTION AND CONDITIONS
At their regular meeting on March 24, 1992, the Board of County
Commissioners authorized the execution of an interlocal agreement
with the St. Johns River Water Management District (SJRWMD) for
cost share funding under the state's Surface Water Improvement and
Management (SWIM) program. The funding pertains to two projects
recommended by the Marine Advisory/Narrows Watershed Action
Committee (MANWAC) that entail vegetation enhancement on Ski Island
(a.k.a. Boat Club Island) and along the Indian River lagoon
shoreline of Live Oak Drive.
According to SJRWMD staff, the District governing board must
approve the referenced agreement by April 7, 1992 to ensure receipt
of state SWIM funds. To accommodate that schedule, county staff
scheduled and obtained Board of County Commissioners' approval of
the agreement at its March 24th meeting. The agreement presented
to the Board at that time was drafted by SJRWMD staff.
Now, subsequent to County Commission approval, SJRWMD legal staff
are requiring modifications to wording in the contract agreement.
While the changes are minor, any changes to the contract require
Board approval.
As such, this matter is being brought back to the Board for
authorization to execute the revised contract with minor
modifications required by SJRWMD.
ALTERNATIVES & ANALYSIS
The minor revisions to the contract are as follows:'
Page 5, Paragraph "D": "The COUNTY agrees that acceptance of the
final payment, shall be considered as a release in full of all
claims against the DISTRICT or any of its members, agents, and
employees, arising out of, or by reason of, the work done and
materials furnished under this AGREEMENT. The COUNTY agrees that
acceptance of final payment shall not conatituto nTOMOTwe
acceptance or Lull and satisfactory completion of the terms and of
L L
lJnderlined words are additions to the text; MMMMMI words are
deletions.
23
APR 07 1992
Page 62 paragraph "C": "If, after the Notice to Proceed is issued,
should funding by the SWIM Trust Fund or the EPA terminate, the
DISTRICT may terminate this AGREEMENT upon • thirt
(30) days written notice to the COUNTY and shall be liable onlfor
such costs as actually incurred by the COUNTY up to the date of
termination."
The first revision relates to the county's obligation to monitor
the success of vegetation plantings for the first year following
completion of project plantings. Completion of the revegetation
projects does not occur per se when the plantings are done; rather,
SJRWMD considers the projects complete after the year of follow-up
monitoring. In contrast, SJRWMD will have completed their
agreement responsibility upon full payment of SWIM grant funds to
Indian River County.
The second revision extends a time frame, in the county's favor,
with regard to notice to the county in the circumstance that SWIM
funding is terminated before the contract agreement is fulfilled.
County attorney staff have reviewed the proposed contract agreement
modifications and find them acceptable from the legal standpoint.
RECOMMENDATION
Staff recommends that the Board authorize the execution of the
revised attached interlocal agreement for the funding of spoil
island and shoreline enhancement projects under the SWIM funding
program.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Chairman to execute the revised
interlocal agreement for funding of spoil island and
shoreline enhancement projects under the SWIM
funding program, as recommended by staff.
COPY OF REVISED INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
24
0. Release of Easement Request by Oscar C. Simmons. Tropical
Village Estates Subdivision
The Board reviewed the following dated 3/19/92:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE
Robert M. Keating, AICD
Community Development ector
THROUGH: Roland M. DeBlois,'%ICP
Chief, Environmental Planning
& Code Enforcement
FROM: Charles W. Heathce
Code Enforcement Ofcer
DATE: March 19, 1992
SUBJECT: RELEASE OF EASEMENT PETITION BY:
Oscar C. Simmons
Lot 8 and the Southerly ten (10) feet of Lot 6, Block 8,
Tropical Village Estates Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 7, 1992.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Oscar C. Simmons, owner of the
subject property, for the release of the common three (3) foot side
lot utility and drainage easements of Lots 6 & 8, Block 8, Tropical
Village Estates Subdivision, being the southerly three (3) feet of
Lot 6, and the northerly three (3) feet of Lot 8. It is the
petitioner's intention to construct a single-family residence on
the subject property.
The current zoning classification of
Single -Family Residential District.
2, allowing up to six (6) units per
ALTERNATIVES AND ANALYSIS:
the subject property is RS -6,
The Land Use Designation is L -
acre.
The request has been reviewed by Southern Bell Telephone Company,
Florida Power & Light Company, Falcon Cable Corporation, the Indian
River County Utilities Department and the Road & Bridge and
Engineering Divisions. Based upon their reviews, it is staff's
position that there would be no adverse impact to utilities being
supplied to the subject property by the release of the easements.
RECOMMENDATION:
Staff recommends the Board, through the adoption of a resolution,
release the common three (3) foot side lot utility and drainage
easements, being the southerly three (3) feet of Lot 6 and the
northerly three (3) feet of Lot 8, Block 8, Tropical Village
Estates Subdivision, Section 24, Township 31 South, Range 38 East,
as recorded in Plat Book 4, Page 941/2, of the Public Records of
Indian River County, Florida.
25
APR 0 71992
MR
and
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 92-53 abandoning certain easements on Lot
8 and Lot 6, Block 8, Tropical Village Estates
Subdivision, as recommended by staff.
RESOLUTION NO. 92-53
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING
CERTAIN EASEMENTS ON LOT 8 AND LOT 6, BLOCK 8, TROPICAL
VILLAGE ESTATES SUBDIVISION, AS RECORDED IN PLAT BOOK 4,
PAGE 94 1/2, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, Indian River County has easements as described below,
WHEREAS, the retention of those easements serves no public
purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River County,
Florida, a political subdivision of the State of Florida, whose
mailing address is 1840 25th Street, Vero Beach, Florida 32960,
Grantor, to Oscar C. Simmons, their successors in interest, heirs
and assigns, whose mailing address is 496 Fleming Street,
Sebastian, Florida 32958 Grantee, as follows:
26
� � r
RESOLUTION NO. 92-53
Indian River County does hereby abandon all right, title, and
interest that it may have in the following described easements:
the common three (3) foot side lot utility and drainage
easements of Lots 6 & 8, Block 8, Tropical Village
Estates Subdivision, being the southerly three (3) feet
of Lot 6 and the northerly three (3) feet of Lot 8,
Section 24, Township 31 South, Range 38 East, as recorded
in Plat Book 4, Page 94 1/2, of the Public Records of
Indian River County, Florida.
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock Bird
seconded by Commissioner
adopted on the
vote:
7th day of
April
, and
, 1992, by the following
Commissioner Carolyn K. Eggert Aye
Commissioner Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7th day of April , 1992.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, 40
FLORIDA
By �C
Caro!Phai K. Egge
rman
Attest
e re
erk
.e.
P*,
92
BOOK
APR 0 tl
P12
moo. 85
R. Bid #92-84. Used Self -Propelled Roller for Public Works
Department
The Board reviewed memo from Purchasing Manager Fran Boynton
dated March 231 1992:
DATE: March 23, 1922
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Serv' s
FROM: Fran Boynton, Purchasing Manag
SUBJECT: IRC #92-84/Used Self -Propelled Roller
Public Works Department
BACKGROUND INFORMATION:
Bid Opening Date:
Specifications mailed to:
Replies:
VENDOR
M. D. Moody
Pompano Beach, FL
L. B. Smith
Orlando, FL
J. C. Crego
Miami, FL
Neff Machinery
West Palm Beach, FL
March 18, 1992
Thirty -Two (32) Vendors
Four (4 )
TABULATION
$ 26,979.00 (Used 1988 Ferguson
Model)
* $ 33,175.00 (Used 1989 Hyster
Model)
$ 34,575.00 (New Ferguson Model)
$ 37,900.00 (Used 1989 Bomag
Model)
TOTAL AMOUNT OF BID: $ 33,175.00
*Purchase price of new model Hyster - $43,892.00
BUDGETED AMOUNT: $ 35,000.00
SOURCE OF FUNDS: Petition Paving Heavy Equipment Wheel -Track
Account
RECOMMENDATION: Staff recommends that the bid be awarded to
the second low bidder, L.B. Smith, Inc for the Hyster C-5308 A
model as the unit meeting all the specifications as set forth in
the Invitation to Bid. The low bid is not an articulated model
which limits its use near curbs in road repair.
28
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
bid #92-84 for a used Self -Propelled Roller to L. B.
Smith, Inc., in the amount of $33,175.00, as
recommended by staff.
S. Bid #92-87, Floridacres Water Main for Utilities Department
The Board reviewed memo from Purchasing Manager Fran Boynton
dated March 30, 1992:
DATE: March 30, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: Fran Boynton, Purchasing Manager
SUBJ: 92-87/Floridacres Water Main
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: March 25, 1992
Specifications mailed to: Sixteen (16) Vendors
Replies: Five (5) Vendors
BID TAB BASE BID
Timothy Rose $13,913.40
Vero Beach, FL
Driveways, Inc $19,716.60
Titusville, FL
G.E. French Construction $22,469.00
Okeechobee, FL
A.O.B. Underground $26,894.40
Indiantown, FL
JoBear $31,216.20
Palm Bay, FL
TOTAL AMOUNT OF BID: $13,913.40
SOURCE OF FUNDS: Utilities General - Impact Fees
BUDGETED AMOUNT: $31,856.99
RECOMMENDATION:.
Staff recommends that the bid be awarded to Timothy Rose as the
lowest, most responsive, responsible bidder meeting specifications
as set forth in the Invitation to Bid.
�j
APP 0 719
BU(K Jj
r
APR 0 7 '199
BOOK' A
fHUt
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid #92-87 to Timothy Rose in the amount of
$13,913.40 for the Floridacres Water Main Project,
as recommended by staff.
T. Reauest for Final Payment - Courthouse Site Demolition
The Board reviewed memo from General Services Director Sonny
Dean dated March 30, 1992:
DATE: MARCH 30, 1992
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: REQUEST FOR FINAL PAYMENT
COURTHOUSE SITE DEMOLITION
BACKGROUND:
The contractor, Thomas B. Cushing Demolition, has completed the work
on this project. Centex Rooney, our Construction Management firm and
staff has inspected the site and approved the work that was
performed.
RECOMMENDATIONS:
Staff recommends Board approval to release the retainage of $7,446.90
to the contractor.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously released
$7,446.90 to Thomas B. Cushing Demolition as the
final payment for demolition at the courthouse site,
as recommended by staff.
30
I
� r �
U. Relocated Gifford Dock Road - County Deed
The Board reviewed memo from Deputy County Attorney Will
Collins dated March 25, 1992:
TO: The Board of County Commissioners
FROM: William G. Collins II - Deputy County Attorney
DATE: March 25, 1992
SUBJECT: Relocated Gifford Dock Road - County Deed
The Board of County Commissioners abandoned the old Gifford Dock Road at
the request of the predecessors in interest of the Grand Harbor DRI by
Resolution 87-121 on September 22, 1987. Although the notice of the
abandonment and publication of the resolution of abandonment were done in a
manner consistent with statutory abandonment procedures, the resolution was
not recorded at that time.
The successor in interest to the Grand Harbor development, GHA Grand
Harbor, Ltd., has requested finalization of this matter. Grand Harbor has
constructed an alternate route for the Gifford Dock Road on the perimeter of
their property. The Public Works Department has inspected the construction
and is satisfied with its quality. GHA Grand Harbor, Ltd. has requested,
through their attorney Bruce Barkett, that the County now record the
resolution of abandonment. Resolution No. 87-121 as adopted- in 1987 has
attached to it a deed as well as language which includes the possibility of a
reverter. In order to avoid any cloud on title which this recordation of the
deed to the old right-of-way may give rise to, we are now proposing to:
I. Record Resolution No. 87-121.
2. Authorize the Chairman to execute a County Deed quitclaiming the land
described as old Gifford Dock Road in order to remove any cloud on
title which may occur by virtue of recording Resolution No. 87-121.
3. Record a deed from GHA Grand Harbor, Ltd. to Indian River County
for the property described as the new and relocated Gifford Dock Road.
RECOMMENDATION:
Authorize steps 1, 2 and 3 above.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized staff to authorize steps 1, 2, and 3, as
set out in the above staff recommendation.
DEEDS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
31
�� ��2 Roos.; F,.,,r J4
APR 07 1992
BOOK 85 [',�-UE ` I
V. Rearuest for Public Hearing Date: Ordinance Prohibiting
Blocking of Streets by Railroad Trains
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated March 26, 1992:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney-<�
DATE: March 26, 1992
RE: ORDINANCE PROHIBITING THE BLOCKING OF STREETS BY
RAILROAD TRAINS
The frequent blocking of street crossings by the FEC railroad has
given rise to concern by the citizens of Indian River County. The
proposed ordinance would make such blockages unlawful and provide for
a fine for any violations. This proposal was prepared in response to
comments of Commissioners Bird and Wheeler.
A public hearing date of April 28, 1992 is proposed.
Commissioner Bird appreciated staff's prompt response to his
request of a few weeks ago to prepare an ordinance of this type.
He wanted to make sure, however, that it is enforceable and
practical. What prompted his request was the length of time an
extremely long train had blocked several intersections in Gifford
earlier this year.
Assistant County Attorney Terry O'Brien stated that he planned
to send a copy of the proposed ordinance to the FEC and have them
attend the public hearing so that they have the opportunity to tell
us their position on this.
Commissioner Wheeler felt it is very important for us to
pursue this because a large percentage of the population of this
city and county live on the west side of town and the medical
facilities are on the east side of the railroad tracks. He
realized that it is possible to disconnect cars in a sitting train
to clear an intersection in an emergency.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously scheduled a
public hearing for April 28, 1992 to consider the
adoption of an ordinance prohibiting the blocking of
streets by railroad trains and cars.
32
W. Request for Public Hearing Date: Chapter 20, Sheriff and Law
Enforcement of 1974 Code
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated March 23, 1992:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney
DATE: March 23, 1992
SUBJECT: REQUEST FOR PUBLIC HEARING DATE
"Chapter 20 - Sheriff and Law Enforcement" of the 1974 edition of the
Code is not longer necessary and should be repealed.
The first section of the Chapter is a Special Act which will become part
of the appendix to the new code. This appendix is a compilation of all
Special Acts affecting Indian River County. The second section
concerns liability insurance for Sheriff's Department vehicle which
should be handled as an administrative matter. - The third and final
section is controlled by Florida Statutes.
A public hearing date of April 28, 1992 is recommended.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously set a
public hearing date of April 28, 1992 to discuss the
.adoption of an ordinance repealing Chapter 20 of the
Code, Sheriff and Law Enforcement.
X. Reauest for Public Hearing Date: Repeal of Chapter 16 Mobile
Homes, Modular Homes and House Trailers
The Board reviewed the following memo dated 3/18/92:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant Count Attorne "
County y
DATE: March 18, 1992
SUBJECT: REPEAL OF CHAPTER 16 - MOBILE HOMES, MODULAR
HOMES AND HOUSE TRAILER
The State of Florida has enacted several laws which regulate this
subject; therefore, Chapter 16 is no longer necessary.
A public hearing date of April 28, 1992 is recommended.
TPO/sb
33
R 07 1992 MOKa
APR 87 1992-11
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously set a
public hearing date of April 28, 1992 to discuss
adoption of an ordinance to repeal Chapter 16 of the
Code, Mobile Homes, Modular Homes and House
Trailers.
Y. Request for Public Hearing Date: Repeal of Chapter 10-1/2,
Housing
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated March 26, 1992:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorne "
DATE: March 26, 1992
SUBJECT: REPEAL OF CHAPTER 10 1/2 HOUSING
The subject chapter which is in the 1974 edition of the Code serves no
useful purpose at this time. Accordingly, a repeal of that Chapter has
been prepared for consideration.
A public hearing date of April 28, 1992 is recommended.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously set a
public hearing date of April 28, 1992 to discuss
adoption of an ordinance to repeal Chapter 10-1/2,
Housing.
34
Z. Request for Public Hearing Date: Ordinance Late Night Retail
Stores
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated March 26, 1992:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County AttornefO
DATE: March 26, 1992
SUBJECT: ORDINANCE LATE NIGHT RETAIL STORES
The proposed ordinance is merely an editorial transfer of Chapter
13-3/4 in the old code to Chapter 307 of the new code.
A public hearing date of April 28, 1992 is recommended.
TPO/sb
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously set a
public hearing date of April 28, 1992 to discuss an
ordinance adding a new Chapter 307, Late Night
Retail Stores.
REQUEST FOR COUNTY ALLOWANCE OF SEAFOOD ROADSIDE VENDING JAMES
ANTHONY
The Board reviewed the following memo dated 3/23/92:
TO:
James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
obe t M. Mat
Community Develloopc�m�e Director,
FROM:
Roland DeBlois,AICP
Chief, Environmental Planning
& Code Enforcement
DATE:
March 23, 1992
RE:
James Anthony Request for County
Allowance of Seafood Roadside Vending
35
.- y d
BOOK FAGS 949
OR � 8®�K FAGS'
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 7, 1992.
DESCRIPTION & CONDITIONS
James T. Anthony is the owner of Anthony's Seafood, a wholesale
distribution business located at 628 High Street in Sebastian. Mr.
Anthony's operation also includes sales from a "retail outlet"
truck, which is designed for seafood refrigerated storage,
transport and sales.
Last month, Mr. Anthony was informed by county code enforcement
staff that the above described seafood truck operation is not an
allowed transient merchant use under county code regulations.
On March 15, 1992, Mr. Anthony wrote a letter to the Board of
County Commissioners, requesting a hearing for the Board to
consider the allowance of mobile seafood retail operations, similar
to the present county allowance of transient merchant roadside
fruit and vegetable sales.
ALTERNATIVES & ANALYSIS
Existing Regulations
County Land Development Code section 972.08(4) pertains to
transient merchant temporary use operations. This code section
specifically limits allowed transient merchants to two
classifications: Class "A" - fruit and vegetable sales; and Class
"B" - seasonal sales such as christmas tree and fireworks sales and
other similar uses, in operation no more than 45 days during any
calendar year on any given site.
Moreover, subsection 972.08(4)(b) specifically exempts certain uses
from transient merchant regulations, those uses being:
curbside mobile ice cream sales involving frequent,
intermittent stops;
merchandise deliveries; and
mobile prepared food services catering to employees at
employment sites or patrons at permitted or otherwise
legal special events.
Retail sales are allowed in commercially zoned areas upon site plan
approval (for a permanent building facility) or as a transient
merchant for fruit and vegetable sales. These are the only options
for retail sales in the county (other than seasonal transient
merchant sales).
Mr. Anthony's seafood truck operation does not fall under either
one of the allowed transient merchant classifications, is not
exempt from the regulations, and therefore is Drohibited.
36
M M
Analysis
Transient merchants are generally undesirable from the standpoint
of nuisance, hazard and traffic conditions. Moreover, transient
merchants have substantial economic advantage over businesses
required to locate in permanent structures at fixed locations on
sites which have site plan approval for retail sales. As such,
transient merchants would surely proliferate if uncontrolled.
Prior to 1987, county regulations pertaining to roadside vendors
were broad and general. In 1987, the regulations were evaluated
and strengthened to provide stricter control of transient
merchants. These revised regulations were adopted based upon
extensive staff research and analysis as well as workshops and
public hearings. Fruit and vegetable stands remain permittable
largely because of their traditional nature and tie to the historic
agricultural focus of the county.
Mr. Anthony characterizes his transient seafood sales as
traditional, entailing the sale of local produce similar to that of
fruit and vegetables. It is staff's position, however, that
expanding transient merchant use allowances to accommodate Mr.
Anthony's business would necessitate "opening the door" to
virtually any types of products for sale.
In the past, both planning staff and code enforcement staff have
dealt with transient merchants involved with a variety of products.
These products have ranged from paintings and clothing to tires
(including tire changing). Based upon inquiries of staff as well
as code enforcement activity, it appears that transient merchant
activity would expand considerably if LDR allowances were expanded.
This is not an unreasonable expectation, given the generally low
initial investment needed for a transient merchant operation
compared to -the investment necessary for a permanent retail
facility.
When the transient merchant ordinance was assessed and revised in
1987, these and other issues were considered. Also at that time,
staff contacted other local governments to determine their
regulations. This survey showed that most other counties have
strict limitations on roadside sales. Other than seasonal sales
and the sale of agricultural products from agriculturally zoned
property, roadside retail sales were prohibited in most counties.
It is staff's position that current county regulations are
sufficiently permissive, maybe too much so. Even with existing
temporary use permit requirements, transient merchant sales have
certain safety and aesthetic constraints. Also, because of
negligible initial investment and marginal overhead costs,
transient merchants have -financial advantage over other retail
fruit and vegetable stores for which site plan approval has been
obtained. In fact, tradition is the only justification for
retaining the allowance for roadside sales of fruits and
vegetables.
Staff feels that the fruit and vegetable sales allowance should not
be expanded.
37
1 v` ,?ae
�OQK ;f
APR 7 199 P;
BOOR 85
7 199 F:,,t
Alternatives
The Board of County Commissioners has several alternatives in
addressing the matter at hand. These include:
1.
Leaving county
regulations as they are, and thereby
prohibiting Mr.
Anthony's seafood retail outlet truck
operation in the
county;
2.
Modifying county
regulations to allow for the addition of a
transient merchant
classification for seafood sales (only):
3.
Modifying county
regulations to allow for the sale of any
types of products
as a transient merchant use;
4.
Modifying county
regulations to eliminate on-going transient
merchant operations, allowing only seasonal transient
merchants; or
5. Modifying county regulations to eliminate entirely the
allowance of transient merchants in the county.
RECOMMENDATION
Staff recommends that the Board of County Commissioners leave the
county's transient merchant regulations as they are, and thereby
prohibit Mr. Anthony's seafood retail outlet truck operation in the
unincorporated county. -
Roland DeBlois, Chief of Code Enforcement, advised that Mr.
Anthony was cited by the Code Enforcement Board for operating a
mobile retail outlet on U.S. #1 and Mr. Anthony is here today to
ask that his seafood sales be allowed. Staff's recommendation is
that the County's ordinance not be expanded to include the sale of
seafood and that the County's transient merchant regulations remain
as they are.
Commissioner Scurlock asked if we could eliminate the
particular aspect that these people are not paying their fair share
and have an unfair competitive advantage over those merchants who
operate from a permanent site and just consider the safety issue of
proper ingress and egress, traffic impact, significant signage and
adequate parking. Commissioner Wheeler understood the theory
behind allowing roadside fruit and vegetable stands was to
accommodate the people who wished to sell home grown citrus and
vegetables at roadside. He believed the roadside fruit and
vegetable stands should be looked at again since most of them do
not grow crops on their property but bring in produce from farmers'
markets. They aren't farmers, they are vendors. He thought that
not operating a permanent site gives them an edge over those
retailers who do.
38
- ® M
Commissioner Bowman believed the roadside stands are a great
convenience to the consumer, and Commissioner Scurlock pointed out
that it does provide the consumer with lower costs.
James Anthony, owner of Anthony's Wholesale Distributors, 628
High Street, Sebastian, stated that their business involves the
processing and wholesaling of seafood products. What they retail
from their mobile unit is a natural product of Indian River, it is
the freshest and finest seafood you can get anywhere. They have a
good product that they have to get to market and the means they are
using to get it to market is as old as the industry itself. They
have the same overhead that any retailer has because they also
operate a permanent facility for processing which is located on 628
High Street. High Street is an unpaved, bumpy road and people do
not want to drive down that road to buy their fish.
Commissioner Scurlock asked what Mr. Anthony's feelings would
be about establishing some satellite stores rather than selling out
of a truck, and Mr. Anthony explained the problem with that is that
it would run up the cost of the product. He stressed that they are
putting a local product on the streets for a cost less than what is
charged in supermarkets where most of the seafood is imported from
other states and countries. About 950 of the fish they sell comes
from local fishermen. All of their fin fish comes from Sebastian
as well as all of their shellfish with the exception of scallops.
Their mobile unit is a state-of-the-art vehicle, not an eyesore.
It is licensed by every department in the State of Florida. In
fact, pictures were taken of it for the DNR to use as a guide when
they rewrite their mobile vending requirements. Nothing is left on
the premises; everything is retained in storage tanks. There isn't
that fish market smell when people enter the mobile unit. In fact,
people come in, look around and remark how nice it is. Mr.
Anthony circulated pictures of the mobile unit.
If the Board was inclined to permit this based on the fact
that they would be required to have a permanent, licensed location,
Commissioner Bird wondered if there would be some kind of
limitation on the number of satellite locations they could operate
out of that main base. He felt the only reason that produce is
mentioned in the ordinance is that it is a home grown product, so
to speak, and he felt that you could probably stretch that to
include seafood. He didn't think anyone wanted to see a total
proliferation of these things. He recalled that at one time we had
furniture sales and everything else you could imagine up and down
the road, and he didn't think we wanted to create that again.
However, we may be able to expand on it slightly to enable an
operation like this to do business here with certain restrictions.
39
APR 07 1 � , ,c
APR w,
Commissioner Bird emphasized that if we get carried away with
placing restrictions on these satellite locations for paving,
landscaping and water retention areas in order for him to go ahead
and park his truck there, then we might as well forget about it
because he didn't think that was going to happen.
Community Development Director Robert Keating explained that
the provisions of the transient merchant and temporary use
ordinance do not require those things.
Commissioner Scurlock understood that if Mr. Anthony wants to
operate this vehicle, he would come in on a specific site for which
he had the owner's approval and staff would determine whether there
is proper ingress and egress and enough off-street parking so that
it is a safe environment.
Director Keating confirmed that would be the procedure. They
also would have to have the correct zoning, a commercial or
industrial type of zoning, and would have to meet the criteria.
There would be no paving or landscaping requirements, but it would
have to have adequate access and parking space.
Commissioner Wheeler was torn between giving an unfair
advantage over the other local seafood stores and the fact that the
seafood is a local product. He felt that the seafood is probably
more of a local product than what is sold at the roadside fruit and
vegetable stands.
Commissioner Scurlock pointed out that if those other dealers
wanted a satellite location, they could buy a truck and compete in
that sense. The difference with Mr. Anthony's business is that he
has the whole operation from beginning to end because he is dealing
directly with the fishermen. The other outlets are more like
Publix where their seafood is purchased from large wholesale
distributors.
Mr. Anthony explained that in order to get a mobile vending
license from the Department of Natural Resources, you must have a
legal plant. You need the base retail license and that facility is
inspected by the DNR before they issue a license.
Commissioner Wheeler wondered whether we might be opening this
up to retailers of imported fish and seafood.
Mr. Anthony understood the Commission's reasons for not
wanting a bunch of pickup trucks with coolers and igloos in the
rear pulling alongside the highway. He believed there are a number
of ways to control this, the main one being to require a base
location in the county, and he would be more than willing to work
with whoever would have to write the standards on this. He
suggested that other requirements for the mobile units would be
fresh running water, wastewater retention tanks, refrigeration, and
40
screening to keep the bugs out. They have gone to these lengths in
their mobile and the cost of those fixtures ran about $1o,000.
Commissioner Wheeler felt we could consider some of Mr.
Anthony's suggestions in order to tighten down and refine the
ordinance.
Commissioner Scurlock asked what actions would be needed
today, and Director Keating advised that the Board just would give
staff directions to amend the LDRs and the ordinance would be
considered at a public hearing.
Attorney Vitunac felt that we would be giving an illegal
advantage by making it a requirement to have a home base in this
county with everyone else illegal. It is arbitrary.
Commissioner Scurlock understood that in order to get their
other licensing, they must have a home base, but not necessarily in
this county.
Commissioner Bird guessed his main concern is that allowing
just a satellite creates an unfair advantage to fixed base
operators in the county. He felt that someone should have a fixed
base of operation in this county in order to be eligible to operate
a satellite location.
Commissioner Bird asked if we are going to make the
requirement that the satellite operations be dismantled and removed
at sundown, and Mr. Anthony thought it would have to be taken back
to the base location for cleaning. He has a man who spends 4 hours
every night scrubbing their unit down to get it ready for the next
day.
Director Keating advised that at present the temporary use
ordinance is structured so that we only give 6 -month permits and
renew them after that period. If there have been any problems in
the first 6 months, there is the option to deny the renewal of the
permit at that time.
Attorney Vitunac advised that he has grave doubts about
requiring the home base, but he could be wrong.
Commissioner Bird felt that if we could expand the ordinance
to include the proper protection and safeguards that we have
mentioned here, he would be in favor of it. If not, he felt we
should not expand the ordinance to include roadside seafood
vendors.
Commissioner Bowman felt we need to look at the whole
situation, particularly the flea markets in Wabasso, and Director
Keating advised that we have started to send someone from Code
Enforcement out on the weekends when most of those activities
occur.
41
BOOK'
r
APS 07 1992
BOOK o,� Fr l;E e i�cj
Commissioner Scurlock asked the process for amending this
ordinance, and Director Keating explained that we would have to
modify the LDRs and this would have to be addressed during the next
set of revisions.
Discussion ensued about getting the word out to those people
Who might oppose this to make them aware of the fact that the Board
is directing staff to consider a change.
Chairman Eggert pointed out that giving this direction to
staff doesn't mean that the Board will pass it.
Commissioner Scurlock felt that somehow we need to get the
word out to the people who are in this industry who may not want
satellite facilities so that they know we are considering a change.
Director Keating suggested that we hold a workshop on this and
notify those particular vendors who have fixed locations right now.
Mr. DeBlois advised that Mr. Anthony has been told not to
operate his mobile unit until this has been resolved, and Mr.
Anthony stated that he was never served with anything, nor had
anyone contacted him. Quite frankly, he wasn't real happy with the
way it was done. The Code Enforcement people went to Mr. Tominski,
who owns the property they were operating from, and told him that
if he allowed them back on the property, they would pull his
license for a roadside fruit and vegetable stand.
Commissioner Scurlock explained that the only authority the
County has is contacting the owner of the property, not the person.
Attorney Vitunac needed to lay some groundwork in order to
draft an ordinance. The Board made a finding that it thinks these
roadside operations are unsightly and unsafe, but because of some
unusual reason, they would like to permit roadside seafood
operations. The reason cannot be that it is local fish versus fish
from out of the county. That is not a legal reason. It might be
that they are a local merchant with a main facility and the Board
wants to allow them to have a satellite facility. But if that is
the case, anything that is sold here in a main facility should be
allowed to be sold from a truck under the same conditions.
Commissioner Bird didn't know how to put it legally, but he
believed the difference is that we are trying to provide an
additional sales outlet for a product or resource that is generated
here in Indian River County that generates jobs for people within
the county. That is his philosophy behind supporting it.
Attorney Vitunac emphasized that you can see the legal problem
here. He wasn't sure we could do an ordinance that we could
guarantee will withstand a real challenge, but then again how many
fish people with a truck are going to go to the cost of suing the
42
County. It is just that we like to be consistent and as legal as
we can, even if we are not sued.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bird, that the Board direct staff to work
with the County Attorney's office to research this and
hold a public hearing.
Under discussion, the question arose of whether Mr. Anthony
could continue to operate until a possible ordinance is adopted,
and staff advised that Mr. Anthony could operate from a licensed
flea market in this county.
Mr. Anthony noted that he could operate legally in Brevard
County, but he should not have to do so since he is based here in
Indian River County and has lived here for many years.
Director Keating advised that apparently it is not legal in
Brevard County either, but it appears that they do not enforce many
of their ordinances.
Mr. Anthony stated that he has a legal license from Brevard
County that states "seafood vendor".
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
Chairman Eggert announced that this matter will come back in
a regular LDR meeting.
PUBLIC HEARING - BLUE CYPRESS LAKE WASTEWATER SERVICE PROJECT -
RESOLUTION III
The hour of 9:05 o'clock having passed, the County Attorney
announced that this Public Hearing has been properly advertised, as
follows: VERO BEACH PRESS -JOURNAL
published Dally
Vane Be". Millan River Ceunly. Florida
COUNTY OF MDIAN MVIM STATE OF FLOWDA NOTICE .
Before the undpetgned eblhmitT personally appearca J. J. Behupann, Jr. wrro on oath indillshad The Board Of County Commissioners C
.al Vero�ll�h lr l�ndian �at"T."Fl ami ll�ll hedCopy°oo1, enL River County Florida hereby provides r
PUBLIC HEARING scheduled for 9:05
• ' TUESDAY, APRIL 7, 1992, to discuss a I.
Ingo mnerOf ! resolution relating to a SPECIAL ASSES
�j- PROJECT in Indian River County for the in;
of WASTEWATER SERVICE IN BLUE C'
in the Conn, i6'ie pubs
Rshed In SM nri spaper m the laatae a `//l/�A.0 �' �cJr .�:D ,�(j�✓�'�,1'
Alllent lather says that the said Vero Beach PresaJounral Is a newepsper published at
Vero Beach, in said Indian Rlalt County. Florida, and that the said newspaper fall herelolore
been connnuot ely publishes In said Indian IBnv Counly. Fiord•, each daily and has been
entered as second class nail natter at the post office M Vero Beach. a said Indian Rhon Conn.
ty. Fior ft la a pared of ora yep real precesing the first Publication of the attached copy of
advetisamsal: pM allant lather says that harm ralther paidw Pnornieed pryppeon. thin
or corporationany dlsaainl rebate. commleston a roa a
tund lot the purpose acatlny "do
ad.srus ant la Iarbbeatlon In to sell rawspoper.
,(all
Seas to and subscribed bete a era this 3� day ._ r r' A.O. tg,'�+
43
APR 07W
LAKE FISHING CLUB AREA, and providing
cial assessment liens to be made of recon
properties to be served.
Anyone who may wish to appeal any decisk
may be made at this meeting will need tc
that a verbatim record of the proceedings i
which Includes the testimony and evident
which the appeal Is based.
March 23, 30, 1992
MOK ,� r
,a
r
APR 07 1992
DATE:
TO:
FROM:
'ROOK�9
The Board reviewed the following memo dated 3/23/92:
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
MARCH 23, 1992
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G.
DIRECTOR OF
JAMES D. CHAS'
MANAGER OF AS
DEPARTMENT OF
ERVICES
RENT PROJECTS
LITY SERVICES
BLUE CYPRESS LAKE WASTEWATER SERVICE PROJECT
INDIAN RIVER COUNTY PROJECT NO. US-90-01-DC/CS/ED
PUBLIC HEARING, RESOLUTION NO. III
On March 17, 1992, the Indian River County Board of County
Commissioners approved Resolution I, (92-48) which contained the
preliminary assessment roll describing the project; and cost, and
Resolution II, (92-49) setting the date of the public hearing for
the subject project. Property owners have been notified of the
public hearing by certified mail. Resolution (92-48) was published
in the Vero Beach PRESS JOURNAL on March 23, 1992. (See attached
agenda item and.minutes of the above meeting.)
tilt
Approval of the attached Resolution III will confirm and approve the
preliminary assessment. The cost of the treatment plant and
effluent disposal, including administration, engineering, land
acquisition and plant relocation, is $364,133.40. The cost of the
collection system, including administration, engineering and
construction, is $269,069.11, which is the amount of the assessment
portion of the total project costs. The portion of the assessment
for the Blue Cypress Lake Fishing Club is $147,702.39 and the
portion for the Indian River County Fart. is $121,366.72. The
attached map displays the area to benefit from the project: 100
platted lots in Blue Cypress Lake Fishing Club and the Indian River
County Park. Costs of constructing the wastewater treatment plant
and effluent disposal system shall be recovered through impact fees.
The assessment cost per square foot is $0.379272. Attached is
Resolution III for the assessment project. (See attached agenda
item and minutes of the above meeting.)
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms
the preliminary assessment on the subject project.
44
Chairman Eggert opened the Public Hearing and asked if anyone
wished to be heard. There being none, she closed the Public
Hearing.
ON MOTION by Commissioner Bird, SECONDED by Commissioner
Wheeler, the Board unanimously adopted Resolution 92-54,
confirming the special assessments in connection with
wastewater service to the Blue Cypress Lake Fishing Club
area and providing for special assessment liens to be
made of record.
ASSESSMENT ROLL IS ATTACHED TO RESOLUTION 92-54 ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
COORDINATED TRANSPORTATION DISADVANTAGED DEVELOPMENT PLAN
TRANSMITTAL TO THE STATE
The Board reviewed the following memo dated 3/23/92:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE
4o4bdert-14.ng, P
Community Deve opm t Director
FROM: Sasan Rohani S-7, f-
Chief, Long -Range Planning
DATE: March 23, 1992
RE: TRANSMITTAL OF THE COORDINATED TRANSPORTATION
DISADVANTAGED DEVELOPMENT PLAN TO THE STATE OF FLORIDA
TRANSPORTATION DISADVANTAGED COMMISSION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 7, 1992.
DESCRIPTION AND CONDITIONS
On May 8, 1990, the Board of County Commissioners (BCC)'approved
the transmittal of the county's application to the state to become
the local Designated Official Planning Agency (DOPA) for the
provision of transportation disadvantaged planning activities in
the area. In its capacity as the DOPA, the Board of County
Commissioners is responsible for coordinating transportation
disadvantaged resources in the county.
45
APR 07 1992
APR ® Z 1992 Roos 85 r'.,A J55
To partially subsidize the County's transportation disadvantaged
planning activities, the state Transportation Disadvantaged
Commission awarded the county a, planning grant on November 27,
1990. This grant will expire on March 31, 1992.
As part of its planning grant responsibilities, the county was
charged with development of a Coordinated Transportation
Disadvantaged Development Plan for a five year planning horizon.
In preparing this plan, the county assessed the existing
transportation disadvantaged services provided in the County and
determined the existing and projected unmet transportation
disadvantaged service needs. This was accomplished by analyzing
the county's past and present demographic characteristics as well
as reviewing financial and operational data from agencies providing
transportation disadvantaged services. A copy of the plan has
been put on file in the Board of County Commissioners office.
On March 19, ' 1992, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the Coordinated
Transportation Disadvantaged Development Plan. In order to meet
the March 31, plan submittal deadline, the TDLCB authorized staff
to transmit the plan to the Transportation Disadvantaged Commission
for their review. While planning grant provisions only require
that the coordinated development plan be approved by the TDLCB, the
local coordinating board recommended that the Board of County
Commissioners, in its capacity as the Designated Official Planning
Agency (DOPA), officially approve the plan and its transmittal to
the TDC.
ALTERNATIVES & ANALYSIS
The Coordinated Transportation Disadvantaged Development Plan
addresses a five year planning period, from 1991 to 1995. Not only
does the plan address needs, it also establishes objectives and
identifies annual actions for each of the next five years. Most of
these actions relate to the County's Community Transportation
Coordinator (CTC) and the Local Coordinating Board.
As indicated in the plan, the need for transportation disadvantaged
services substantially exceeds the supply. Because of limited
resources, the coordinator and providers are unable to meet demand.
The plan proposes to address unmet need through several means.
Foremost among these is to reduce the cost of trips by increasing
efficiency. This will involve more ridesharing, coordination among
providers, and adherence to operating procedures. Also proposed is
a service charge for non -transportation disadvantaged trips. The
plan, as proposed, does not require an increase in funding by the
Board of County Commissioners.
The HCC/DOPA has several alternatives with respect to the draft
plan. The Board can either approve the transmittal of the plan as
submitted, approve transmittal of the plan with revisions, or deny
the transmittal of the plan to the State of Florida Transportation
Disadvantaged Commission (TDC). Staff feels that the plan
adequately identifies and addresses the County's transportation
disadvantaged service needs and should be transmitted.
RECOMMENDATION
The TDLCB and staff recommend that the Board of County
Commissioners, acting as the Designated Official Planning Agency,
approve the coordinated transportation disadvantaged development
plan, authorize the chairman to execute the attached resolution
transmitting the plan to the State of Florida Transportation
Disadvantaged Commission, and direct the staff to transmit the
plan.
Community Development Director Robert Keating noted that this
may be one of the last actions the Board takes in this capacity
because as soon as the Governor establishes a Metropolitan Planning
Organization (MPO), State requirements dictate that the MPO becomes
the designated official planning agency for transportation
disadvantaged activities. Most, if not all, of the Commissioners
would be members of the MPO, however. Staff estimates there are
approximately 25,000 transportation disadvantaged persons in this
county, and this number generally is consistent with other
counties.
Director Keating advised that staff worked a long time on the
preparation of this plan and worked closely with the Council on
Aging, which is the community transportation coordinator for the
county and actually is responsible for the provision of many of the
transportation disadvantaged trips or the brokering of those trips.
The plan itself identifies some of the barriers currently in place
that do not allow transportation disadvantaged needs to be met,
such as lack of funding, coordination, objectives_ and certain data.
Building on those identifications, the plan also identifies a
number of specific objectives relating to transportation
disadvantaged service provision in the future. A few of the
recommendations are that the Council on Aging institute a surcharge
so that they can recover some of their administrative cost in this
process; that -the Council on Aging specifically adhere to their
operating procedures; that the Council on Aging establish a
screening mechanism to make sure that everyone being provided free
transportation through the transportation disadvantaged funds
qualifies for that.
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, that the Board adopt Resolution
92-55, approving the transmittal of the IRC Coordinated
Transportation Disadvantaged Development Plan to the
State Transportation Disadvantaged Commission for their
review.
Under discussion, Chairman Eggert asked if it is no longer
true that' if the Council on Aging charges a fee they would have
trouble getting some of their major grant money, and Commissioner
Bowman advised that is no longer true and that they are
recommending fare boxes.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously.
47
APR 07 1992 B60K cbb FA1iL S3 LR
APR 0
BOOK i Fr �E
RESOLUTION NO. 92-55
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF THE INDIAN
RIVER COUNTY COORDINATED TRANSPORTATIQN, DISADVANTAGED
DEVELOPMENT PLAN TO THE STATE OF FLORIDA TRANSPORTATION
.DISADVANTAGED COMMISSION FOR THEIR REVIEW
WHEREAS, the Board of County Commissioners (BCC) transmitted
an application to the state to become the local Designated Official
Planning Agency (DOPA), and
WHEREAS, the State Transportation Disadvantaged Commission
(TDC) appointed the Indian River County Board of County
Commissioners as the local Designated Official Planning Agency
(DOPA),.and
WHEREAS, the State of Florida Transportation Disadvantaged
Commission (TDC) awarded Indian River County a 1990 - 1991
transportation disadvantaged planning grant, and
WHEREAS, as part of the 1990-91 planning grant, the county was
charged with development of a Coordinated Transportation
Disadvantaged Development Plan, and
WHEREAS, the Transportation Disadvantaged Local Coordinating
Board at thier meeting of March 19, 1992, recommended that the
BCC/DOPA approve transmittal of the Coordinated Transportation
Disadvantaged Development Plan to the State of Florida
Transportation Disadvantaged Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
1% The above recitals are ratified in their entirety.
2. The Coordinated Transportation Disadvantaged Development
Plan is approved for transmittal to the State of Florida
Transportation Disadvantaged Commission for their review.
The forgoing Resolution was offered by Commissioner Wheeler
seconded by Commissioner _Scurlock and upon being put to a
vote the vote was as follows:
Chair Carolyn K. Eggert Aye
Vice Chair Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed and
adopted at the Board of County Commissioners meeting held this 7th
day of April 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Caroly K. Egg e , Chair
n
ATTEST. Y
J Y.�--B rton, Clerk
47a
EMS GRANT MODIFICATION AND PURCHASE OF SUCTION EQUIPMENT FOR
EMERGENCY TRANSPORT VEHICLES
The Board reviewed the following memo dated 3/19/92:
TO: Board of CountCommissioners
THROUGH: Doug Wright,kDirector
Department of Emergency Services
FROM: Jim Judge, Chief
Emergency Medical Services
DATE: March 19, 1992
SUBJECT: Approval of FY 90-91 EMS Grant Modification and Purchase
New Suction Equipment for Emergency Transport Vehicles
Due to Changes in HRS EMS Equipment Specifications
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 Department of Health and Rehabilitative Services, Office of
Emergency Medical Services (EMS), is authorized by Chapter 401,
Part II, Florida Statutes, to distribute county awards funds in the
form of a grant to counties. The HRS County Grants Manager has
notified Indian River County that funds are available in Grant
#C9131 in the amount of $732.69.
These funds are derived from traffic citation surcharges and no
matching dollars are required of the County to receive and expend
the additional grant funds.
The additional funds could not have been made available to the EMS
Division at a more appropriate time since the Department of Health
and Rehabilitative Services, Emergency Medical Services Office, has
recently adopted the New Jersey standards for specifications
related to suction equipment on board pre -hospital emergency
transport vehicles. The new standards render our suction units
unacceptable given the new state guidelines and we are now faced
with having to obtain the equipment in the middle of a budget year.
Staff has researched the available suction units and determined
that the best suction equipment in terms of price and performance
which meet or exceed the new minimum standards is the Impact Model
RI305 which is available from Advanced Medical and Pharmaceutical
Supplies.
Staff proposes and seeks authority to purchase seven (7) of the
suction units at $350.00 each or a total cost of $2,450.00.
using the $732.69 in additional grant funds towards the purchase of
the equipment,.the net cost to the County would be $1,717.31 which
would be transferred to the capital account from operating accounts
of the existing EMS budget. No additional funding is requested.
48
APR 0 7 1992 BOOK 66 FN.,,r w
ALTERNATIVES AND ANALYSIS
The State EMS Office has verified that the suction equipment
referenced above will meet all specifications and requirements of
the new standards.
Approval of this request will preclude the ERS Office of Emergency
Medical Services from reflecting a deficiency and potential fine
for the County EMS Division when an inspection. is made of our
service by the ERS EMS Compliance and Monitoring Team.
RECOMII► MATION
Staff recommends the Board approve the expenditure of the
additional grant funds in the amount of $732.69 and authorize the
transfer of $1,717-31 from operating to capital accounts within the
existing EMS budget for the purchase of state approved suction
equipment. The recommendation is based on maintaining compliance
with Chapter 401, Florida Statutes, and Chapter 1OD-66 Florida
Administrative Code.
Staff also requests approval of the necessary budget amendment and
sole source purchase of seven (7) Impact Model RI305 Suction Units
from Advanced Medical and Pharmaceutical Supplies since these units
meet or exceed the required ERS EMS specifications.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved the
expenditure of the additional grant funds in the amount
of $732.69 and authorized the transfer of $1,717.31 from
operating to capital accounts within the existing EMS
budget for the purchase of the suction equipment, as set
out in the above staff recommendation.
49
ROUND ISLAND PARK SITE IMPROVEMENTS AGREEMENT, AMENDMENT NO. 1
The Board reviewed the following memo dated 3/27/92:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.;JV`'
Capital Projects Manager
SUBJECT: Round Island Park Site Improvements AyreerAesU
Amendment No. 1
DATE: March 27, 1992
DESCRIPTION AND CONDITIONS
FILE: ripadml.agn
Coastal Technology Corporation is under contract with Indian
River County to provide professional services for
construction plans preparation and * permitting of site
improvements at Round Island Park.
When the Agreement was negotiated, design of the boat ramp,
dock and shore parallel boardwalk were not included because
it was anticipated that these items would be included in a
contract that was being negotiated with John Foster, P.A.
along with the design of picnic pavilions and a restroom
building.
Due to problems that have been identified with the existing
boat ramp at Round.Island Park, staff feels that it would be
in the County's best interest to have an engineer design the
new ramp and repairs to existing ramp.
Staff is negotiating a contract with John Foster to design
picnic pavilions and to adapt the restroom plans he prepared
for Treasure Shores Park to the Round Island Park Site. The
plans John Foster prepared for Treasure Shores that were
based on the restroom at Golden Sands Park were never used
due to FEMA requirements to elevate the restroom at Treasure
Shores on piles.
The compensation for Coastal Technology for the attached
amendment to prepare construction drawings and
specifications for the proposed boat ramp, repairs to
existing boat ramp, boat dock and shore parallel boardwalk
is $3,510. This, added to the current contract amount of
$9,990 results in a new contract amount of $13,500.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
Authorize the attached Amendment No. 1 between Indian
River County and Coastal Technology Corporation.
50
hPR 017
APR 01 7 1997-
H0r. LA� Fr�UE�5�
Alternative No. 2
Include design of the boat ramp, repairs to existing
boat ramp, boat dock and shore parallel dock in the
contract being negotiated with John Foster.
RECOMIENDATIONS AND FUNDING
Staff recommends that Alternative No. 1 be approved.
Funding is budgeted in Parks Department Fund
001-210-572-033.13.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
Amendment No. 1 to the Agreement with Coastal Technology
Corporation, as set out in the above staff
recommendation.
AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
FEC GRADE CROSSING LICENSE AGREEMENT - OSLO ROAD IMPROVEMENTS
WEST OF US #1
The Board reviewed the following memo dated 3/24/92:
TO: James E.. Chandler,
County Administrator
MMOUGH: ,lames W., Davis , P . E . , �
Public Works Director
FROK: Terry B. Thompson, P.E.
Capital Projects Manager V
SUBJECT: FEC Grade Crossing License Agreement
Oslo Road Improvements West of US 1
DATE: March 24, 1992
DESCRIPTION AND CONDITIONS
Attached is a grade crossing license agreement between the
Florida East Coast (FEC) Railway and Indian River County.
This agreement provides for widening the Oslo Road crossing
from 44 feet to 84 feet. Reconstruction of Oslo Road from
US 1 to 500 feet west of Old Dixie is dependant on the
widening of the grade crossing.
The FEC will install necessary signal devices at an
estimated cost of $101,149 and the crossing structure at an
estimated cost of $48,500. After the FEC has completed the
installation they will send the County a statement for the
total cost to the County which is estimated to be $149,649.
The County shall be responsible for one half of the annual
maintenance cost of the railroad devices which is currently
$2,117.
51
F�
gyrCpyMATIONS AND PONDING
Staff recommends that the Chairman be authorized to sign the
agreement.
Funding for this project is from Account 101-156-541-067.25.
Commissioner Bowman asked if this will impact the old Helseth
house, and Public Works Director Jim Davis explained that the
railroad crossing grade will not affect it, but the intersection
project will require right-of-way from all 4 corners of Oslo Road
and staff has been working with the property owners. All of the
property in that area is for sale right now, and he believed that
the Helseth family has been liquidating most of their assets in
that area. Due to the proximity of the houses on two corners,
however, we constrained the road to 3 lanes instead of 5.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved the
License Agreement, as recommended by staff.
COPY OF LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
INDIAN RIVER BOULEVARD, PHASE III -- R -O -W PARCEL #109 SETTLEMENT
AGREEMENT
The Board reviewed the following memo dated 3/30/92:
TO:
FROM:
SUBJECT:
DATE:
James E. Chandler,
County Administrator
James W. Davis, P.E.,
Public Works Director
Indian River Boulevard Phase 3 -
Right -of -Way Parcel #109 Settlement Agreement
March 30, 1992
DESCRIPTION AND CONDITIONS
FILE: par109.agn
On July 9, 1990, the County acquired the northernmost
right-of-way parcel (Parcel No. 109) for the Indian River
52
Fr���c
APR 07 19-
BOOK 6 f "E �0
Boulevard Phase 3 project by means of an Order of Taking,
and deposit of funds into the Clerk's Registry. Since that
time, the staff has been communicating with the attorney of
the property owners ( Dr. Donald L. Ames, Trustee, owner) to
settle the final compensation issue. On Sept. 10, 1991,
staff recommended and the Board of County Commissioners
approved a settlement agreement (copy of minutes attached).
The property owners attorney has drafted the attached
stipulated Final Judgement document agreeing to the
settlement with minor language modifications concerning the
access to Indian River Boulevard.
RECOMMENDATIONS AND FUNDING
Staff recommends approval of the attached Settlement
Agreement/Stipulated Final Judgement and requests
authorization for Counsel's signature. Funding to be from
Indian River Boulevard Phase 3 Construction Account.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved the
Settlement Agreement/Stipulated Final Judgment and
authorized Counsel's signature, as recommended by staff.
Funding to be from IR Boulevard Phase III Construction
Account.
SETTLEMENT AGREEMENT/ STIPULATED FINAL JUDGMENT WILL BE PLACED ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED
AND RECEIVED
LICENSE AGREEMENT TO PERMIT EXISTING HOUSE TO ENCROACH INDIAN RIVER
DRIVE RIGHT-OF-WAY IN CITY OF SEBASTIAN
The Board reviewed the following memo dated 3/20/92:
TO: James E. Chandler,
County Administrator
FROM:
James W. Davis, P.E. , -, .•
Public Works Director'"
SUBJECT: License Agreement to Permit Existing House
to Encroach Indian River Drive Right-of-way
in City of Sebastian
DATE: March 20, 1992
DESCRIPTION AND CONDITIONS
FILE: boudrot.agn
For many years, the residence of Bettina Boudrot, 1302
Indian River Drive in Sebastian, has encroached the County
owned Indian River Drive right-of-way by approximately six
53
feet (see attached sketch). Mrs. Boudrot would like to
refinance her residence and the Title Insurance Company
would like acknowledgement from the County that the en-
croachment exists and is permitted. The County Attorney's
office has drafted the attached License to satisfy the
concerns of the Title Company.
ALTERNATIVES AND ANALYSIS
At the present time, the Public Works Department has no plan
to widen Indian River Drive in this location. The City of
Sebastian has indicated that it would prefer to assume
jurisdiction of Indian River Drive to facilitate a River -
front Development Plan. The County and City staff are in
the process of preparing documents to effect the transfer.
Whereas staff does not condone encroachments of buildings
into County right-of-way, this building has evidently been
in existence for many years and has posed no significant
problems to our knowledge. The alternatives are as follows:
Alternative # 1
Approve the license agreement as prepared and authorize
execution by the Chairman.
Alternative # 2
Request the encroachment to be removed.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative #1 whereby the License Agree-
ment be approved.
Commissioner Bowman asked if we are going to turn that road
over to the City of Sebastian, and Public Works Director Jim Davis
advised that we are in the process of doing that. Staff has been
in contact with the City on this and they have indicated there is
no problem.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
Alternative ,#1 to approve the License Agreement as
recommended by staff.
LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
BID AWARD #92-78 -- SANDRIDGE CLUBHOUSE, GOLF CART STORAGE AND
MAINTENANCE BUILDINGS
The Board reviewed the following memos dated 4/1/92 and
3/25/92:
54
APR 07 99
P1 1 I ri
APR 0
BOOK Cic�i F,°.ut id� l
DATE: April 1, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Service
FROM: Fran Boynton, Purchasing Manage
;�
SUBJ: Bid Award #92-78
Sandridge Clubhouse, Golf Cart Storage,
and Maintenance Buildings
Public Works Department
BACKGROUND INFORMATION:
Bid Opening Date: March 11, 1992
Specifications mailed to: Ten (10) Vendors
Replies: Seven (7) Vendors
BID TABULATION
G & S Constructors
Melbourne, FL
Barth Construction
Vero Beach, F1
SAC Construction
Miami, F1
Hunley-Hubbard
Vero Beach, FL
RPM Construction
Deerfield Beach, F1
Proctor Construction
Vero Beach, F1
P.W. Hearn
Cocoa, F1
TOTAL AMOUNT OF BID:
BASE BID + ALT. 2 & 6
$671,500.00
$709,725.00
$731,900.00
$763,846.00
$780,704.00
$770,400.00
DISQUALIFIED
$709,725.00
SOURCE OF FUNDS: Work in Progress Golf Clubhouse
BUDGETED AMOUNT: $830,000.00
RECOMMENDATION:
Staff recommends that the bid be awarded to Barth Construction
for the Base Bid plus Alternatives 2 and 6 as the overall most
responsive and responsible bidder. Staff's review and recommen-
dation is hereby referenced as Exhibit B to this award.
55
TO: Fran Boynton, Purchasing Manager
FROM: James W. Davis, P. ,
Public Works Director
SUBJECT: Review of Bids and Contractor Reference
Investigation - Sandridge Golf Course Clubhouse
DATE: March 25, 1992 FILE: clbhse.mar
On Wednesday, March 11, 1992, at 2:00 PM the County received
seven bid proposals for construction of the Sandridge Golf
Course Clubhouse and accessory buildings. The bid tabulation
is attached
The following analysis of the bids is presented:
1. Contractor: P.W. Hearn Inc. Base Bid $596,114
The bidder failed to submit a bid price for Additive
Alternate No. 2 item (removal of the existing
Clubhouse). All other bidders submitted a bid for this
item. A protest letter was received from G&S
Contractors, Inc. requesting the County to reject the
bid since the contract documents contained language
requiring the bidder -to bid on all items.- The County
Attorney's office has recommended that the bid be
considered incomplete and be rejected.
In addition, the bid by P.W. Hearn, Inc. contained an
error where the bid price for construction of the Golf
Course Restroom Building and Rain Shelters were
transposed with the bid price for the Golf Cart
Storage Building.
Staff recommends this bid in the amount of $596,114(base
bid) be rejected as incomplete.
2. Contractor: G&S Contractors, Inc. Base Bid $651,000
All bid items were bid and the bid is complete as
submitted. Reference checks were performed by the
County Public Works Director. A history of poor job
superintendence, numerous contractor initiated change
orders and poor construction practices were reported.
For example, the design architect who monitored the
construction of the City of Fort Pierce Main Post
Office (Stebbins and Scott Architects) reported that
there were 45 change order requests that totaled
$45,000 - $ 50,000 which resulted in a final cost that
exceeded the original bid by $40,000. Additional
inspection services to monitor the work were required.
The project was delivered late (June, 1991) and quality
of construction resulted in work being rejected and
reconstructed. Similar change order requests were
reported from a different architectural firm on the
City of Cocoa Housing Authority's Modernization of
Peter Young Complex. Whereas some projects were
reported as well managed, staff has concerns that
selection of this contractor may not be in the best
interest of the County.
56
APR 0 7 1992 BOOK-
r
APR r7 1992
BOOK f, 4,
0 dl
G & S Contractors, Inc. is currently constructing the
Indian River County Housing Authority Orangewood
Project. Notice by the County Building Director that
unlicensed sub -contractors are being used on this
project was issued March 16, 1992. The Building Dept.
issued a 'Stop Work' order on Mar. 16, 1992 and the
contractor had not resolved the problem by the time of
this writing (03-25-92). In reviewing the list of
subcontractors submitted by G & S Contractors-, Inc. for
the Clubhouse and Accessory Buildings, the Building
Dept. had no record that three of the main sub-
contractors listed by G & S Contractors, Inc. were not
licensed to work in Indian River County (particularly
the roofing sub -contractor, painting sub -contractor and
the well drilling sub -contractor).
Staff recommends that the award not be granted to G & S
Contractor, Inc. due to intended use of unlicensed
sub -contractors and reports of coordination problems,
poor project management, and excessive change order
requests on past projects.
Additional resident inspection services would be required
including one additional full time resident inspector at a
cost of 270 days x $40/hr x 80 hours = $86,400. This
additional inspection would result in a base bid cost of
$651,000 plus $86,400 for a grand total of $737,400.
3. Contractor: Barth Construction, Inc.
Base Bid $689,205
All bid items were bid and the bid is complete as
received. Reference checks were performed by the
County Public Works Director and the results are as
follows:
City of Vero Beach Pistol Range - Excellent Reference
City of Vero Beach Young Park - Excellent Reference
City of Sebastian Police Station - Excellent Reference
Vero Beach Book Center - Excellent Reference
/rt
The County has contracted with this company on the
Golden Sands Park project and the project was completed
seven days prior to the contract completion date. Only
one change order was issued for additional work
requested by the County which increased the contract
amount by approximately 2.5%. The project architect,
C.E. Block Associates also recommends that the bid be
awarded to Barth Construction.
Staff recommends award of the bid to Barth Construction
as follows:
Base Bid $ 689,205
Alternative # 2 $ 19,620
Alternative # 6 $ 900
Recommended Contract Amount $ 709,725
57
_I
With regard to the P.W. Hearn bid which was disqualified for
a "no bid" on Alternate #2, Public Works Director Jim Davis
stressed that Alternate #2, the removal of the existing clubhouse
building and relocation at Donald MacDonald Park, is critical to
the project primarily due to the fact that a parking lot will be
built in its location. Before the parking lot can be built under
this contract, that facility must be removed. The County
Attorney's office concurred that the Hearn bid was incomplete for
writing "no bid" on Alternate #2.
Director Davis stated that he personally performed the
reference checks on the second low bidder, G & S Constructors who
bid all of the items, and found a history of some projects that did
not go smoothly according to some of the architects who worked on
some of those projects. One of those projects was the Ft. Pierce
Main Post Office (Stebbins & Scott Architects), and Mr. Stebbins
reported that there were approximately 45 change order requests for
that project that totaled between $45,000 and $50,000 which
resulted in a final cost that exceeded the original bid by $40,000.
Apparently there were some walls that were built without a
foundation and there were some excessive costs for some minor
items. Additional inspections services to monitor the work were
required. The project was delivered late and quality of
construction resulted in work being rejected and reconstructed.
Director Davis stated that he also communicated with some of the
other references the contractor provided and found there were some
problems with the City of Cocoa Housing Authority's Modernization
of the Peter Young Complex. There is a report on that on the
second page of the memo he wrote to Purchasing Manager Fran Boynton
that is part of today's backup material.
Director Davis confirmed that he received a copy of the
following letter from C & S pointing out their disagreements with
regard to the review of bids:
58
CI
BOOK e� FAi�E fr
L "I I 0 7 1992
OR 0 11 199
G&S
4- P01014 1i
Contractors, Inc.
' '9. iinR 1427 Aurora Road
P.O. Box 360451
April 2, 1992 Melbourne, Florida 32936-0451
Telephone (407) 259-1444
FAX (407) 259-6035
Board of County Commissioners
i
Purchasing Division
2625 19th Avenue
Vero Beach, Florida 32960
RBS IRC Bid x/92-78/Sandridge Clubhouse
ATTENTION: Fran Boynton, Purchasing Manager
o
'
Dear Ms. Boynton: !
We are in receipt of your fax transmission of the memorandum,
dated 3/25/92, by James W. Davis regarding Review of Bids and
Contractor Reference Investigation for Sandridge Golf Course
Clubhouse, After review of this memorandum we must inform you
that it is 'replete with inaccuracies. We must respond to this
"review" because of its obvious frontal attack on our reputation
"
and the fact that we want to be awarded this project.
Mr. Davis alleges "a history of poor job superintendence":' On
what facts does he base this? Our superintendents are some of the.
most capable, knowledgeable and experienced in the industry. who
have been continuously employed by G&S for many years andsuoL;'�'
_•!�
cessfully completed projects for school boards, NASA, U.S. Posta...
Service, many local and state governments up to five million:
.�
dollars in value. I have never had a complaint from an ownerjt
user or architect that we had poor job superintendence. 'Thi
statement is simply not true. I,
,,..
Mr. Davis also alleges numerous "contractor initiated change, ..%
orders".
-i:
Now does a contractor initiate a change order? Owner's
do not issue change orders at a contractor's initiation or suglt
gestion. They issue them when and only when the Architect' and,
Owner require additions, modifications or changes to a ro
To think a contractor can initiate or otherwise coerce anowner'.
to write a change order is the height of absurdity. A project`
would never have a change order issued if the plans and specifii
cations were'accurately prepared by the Architect and the ownel,
did not require changes to meet their needs and desires.
Mr. Davis says that "poor construction practices were reported",
By whom? What projects? Where? When? Lets see some substantiation
i-
for this potentially damaging statement! If it is his examples -
given, then there is no material basis for this statement as I
will now show you. ;
General Contractors
• I
59
'.Indian River Co, i
"'4/2/92 - -
Page =Two
" His example of the Fort Pierce Main Post Office is filled! with
false and misleading statements. It is a matter of Public Record
E; ;that the original contract amount of $3,365,000 was increased by
j .,$45,697 (1,390 of the contract) through the issuance of sixteen
? change orders by the U.S. Postal Service to meet requirements of
local governmental agencies and utilities,
-the architectural design and to include owner orequired change ochangeseot-
additions. The project was completed WITHIN THE CONTRACT TIME and
ready for occupancy on 11/21/90, not late and in June, 1991 as
Mr. Davis states. He says also that "quality of construction
resulted in work being rejected and reconstructed". What work
When? Rejected by whom? Another completely false statement! Nei--:
ether the owner or the architect has ever voiced any cos we received from the
mplaint
with regard to quality. In *fact all comment
architect and. owner on this project were very positive with
regard to the quality of the construction and the supervision of
the project. We received final payment of retainage monies imme';.
diately after completion with no extended wait because we per=.
formed so well! Poor•quality., poor supervision, poor contractor
I THINK NOT!
"Similar change order requests were reported fdifferent'I
architectural firm on the City of Cocoa Housing aAuhority,
Modernization of Peter Young Complex" says Mr. Davis. We NEVER
requested a change order from the owner. To the contrary, since.
our bid had come in over $100,000 UNDER their budget, the owner;.
decided to spend more and upgrade the project, all at the owner's
Initiation. By the way, the project was finished WITHIN CONTRACTL
TIME. -
iM1
j
•I
If the "staff has concerns that selection of this contractor mai.'
not be in the best interest of the county" then what are they?
All concerns expressed so far are without merit..
G & S Contractors, Inc, is currently constructing the Indian'
.,?,.t ' River County Housing Authority's Orangewood Park Apartmentl:}.
Project. The Building Dept.issued a 'Stop Work' order on 3/16/92*
because ONE, not several as the memo implies, subcontractor,; the;'
painter, did not have a current Indian River County Occupationall.
license. The painting subcontractor left the job that day and has'
not returned. G&S began performing the painting with the full:
knowledge of. the Building:Official resolving the problem in a�!
matter of days,�,Please note that the
licensed in Brevard Count dapplied
subcontractor isl
, River*
County license that should�beissuedfortlwithanIndian
noteIsfact that this
project is now 60% complete and scheduled to be
complete FIVE 'MONTHS ahead of the contract time. Our bid :was
$100,000 lower than the 2nd place bidder, saving the owner a lot '
of money! We have TWO superintendents and a foreman managing this
project. Attached is a memo,from Mr. Guy Decker, Executive Direc- !
60
APR 0 7 1992 MOO ,Ut J, i u
1+00 K. 60 F'r,c � i
Indian River Co.
4/2/92
Page Three
for of the Indian River County Housing Authority, citing a
favorable opinion about our performance to date by himself: and
the Farmers Home Administration.
Regarding the list of subcontractors for Sandridge, Mr. Davis
says that "three of the main subcontractors listed ... were: not
licensed to work in Indian River County(particularly ' the'' `•
roofing,painting and well drilling subs)". Rest assure that no
subcontractor would begin work without being properly licensed
End of matter.
.I am sure you can now see that the memo's summation that "staff
recommends that the award not be granted to G&S Contractors,�IncL'
due to the intended use of unlicensed subcontractors (not true)
and reports of coordination problems (what,when,where,whom?),pook
project management (not true) and excessive change order requestk
(previously refuted)" HAS NO BASIS IN FACT AND IS WITHOUT MERIT,.
We appeal to your sense of fair play and decency and hope you can
see the obvious inaccuracy.of the,.factual representations of the
staff. I
We ask that this letter be given to the Commissioners for their
consideration before making a determination of award April 7.,
1992.
Sincerely,
G & S Contrac Inc.
M.D. Schv6 fie] d, President
MDS/sdm
Director Davis reiterated that he personally did the reference
checks and contacted the references submitted by the contractor.
G & S is currently building the Indian River County Housing
Authority's Orangewood Park Apartment Project, and we have checked
with Building Department Director Ester Rymer and we have
documentation of two stop work orders that were issued within the
past month regarding painting subcontractors that were not licensed
in Indian River County. We also checked the subcontractors listed
in the bid proposal forms and found that some of those
subcontractors were not listed in Indian River County. Director
Davis pointed out that the roofing contractor that was reported not
61
to have a license is a general State certified roofing contractor,
and just has not submitted his paper work in order to be licensed
in Indian River County, which takes only a day or so.
Commissioner Scurlock asked if all these statements made
during the reference checks were in writing, and Director Davis
confirmed that all of it is in writing, including what he was told
over the telephone as well as some records from the housing
authority.
Chairman Eggert asked if Director Davis mailed a typed copy of
the completed reference checks to the people he contacted, and
Director Davis advised that he does not do that, but does take
notes as he goes. That is his reason for doing it personally.
Commissioner Bowman questioned the matter of the contractor
initiating change orders, and Director Davis explained that all
three parties, the owner, the architect and the contractor, can
request a change order. Many change orders are initiated by the
owner, but change orders do not necessarily indicate there is a
problem with the project. There can be many different reasons for
a change order. When there are as many as 40 change orders,
either the specifications were very poor or there is an ability for
a contractor to request many changes. In talking to some of the
representatives on these projects, it is his opinion that some of
the history on this particular contractor holds up a red flag.
Administrator Chandler reported that Mr. Schoolfield had
called him yesterday afternoon to see if we had received his letter
and whether or not we had distributed it. He told Mr. Schoolfield
that we had received it, reviewed it with Jim Davis and that we
were distributing it to the Commission for today's meeting. Mr.
Schoolfield disputed, as he has indicated in his letter, that some
of the facts are correct or accurate. In our recommendation, we
have relied on the information we have received from Mr. Stebbins,
the architect on the Ft. Pierce Main Post Office, and our
architect, Charles Block.
Commissioner Scurlock asked if we have any information on
qualifications and performance of the Hearn firm that was
disqualified for not putting in a bid on the removal and relocation
of the existing clubhouse. He noted that the difference on the
bid in terms of that particular firm is $113,000, and on a $700,000
contract, if you were to include $19,000 back in as a reasonable
figure for removal and relocation of the existing clubhouse, you
still are talking almost $100,000.
Director Davis explained that he was doing that work as the
technicality issue was being decided and did not complete the
reference checks. Basically, however, he checked most of the
62
BOOK a
APR 0 799
r-
APR 0 7 1992
BOOK%i�
references that the contractor had given and found that he has a
history of small renovation type projects. One large job was a
$800,000 kennel facility and another was the clubhouse in Paradise
Golf Course. In checking some of the references, however, some of
the people indicated that he subcontracts a lot of the work out in
Brevard County. They basically felt he was a good small contractor
but questioned his resources on a large job. His balance sheet
indicated that he was a smaller company, also.
Administrator Chandler felt that our architect should indicate
for the record that he concurs with the recommendation that has
been submitted to the Board.
Charles Block, architect for the Sandridge clubhouse and
accessory building, advised that he has read the rebuttal letter
from Mr. Schoolfield of G & S Constructors, but his recommendation
would be based on the question of whether there was adequate
supervision on the Housing Authority job. It is his opinion that
supervision has been marginal, and he would concur with staff's
recommendation.
Commissioner Bird assumed our ordinance on bidding procedures
would allow us to choose the best bid and not necessarily mandate
the lowest bid, and Attorney Vitunac emphasized that the ordinance
says the County has to pick the one that is in the overall best
interest of the County and does not say anything specifically that
makes you go with the low bidder. That is just one of the factors
to consider.
Commissioner -Bird stated that based on the facts of staff's
recommendation, he was ready to make a motion to award the contract
to Barth Construction Company, who he was delighted to see is a
local contractor who uses local workers and local subcontractors.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Bowman, that the Board award Bid #92-78 to
Barth Construction as set out in the above staff
recommendation.
Under discussion, Commissioner Scurlock understood that Barth
Construction worked on the Golden Sands Park here in this county
and did a satisfactory job; that this was the third lowest bid
on this project; that the performance of the second lowest firm is
not considered satisfactory; and that the first lowest bid was
disqualified on a "no bid" on Alternate 12.
Commissioner Bird stressed that the timing is of great
importance. The timely removal of the existing building and
construction of the new clubhouse needs to coincide with the
63
� � r
construction of the golf course so that all facilities are ready
and available for the opening of play which we are hoping will be
the first of next year.
Director Davis advised that we have 240 calendar days to
complete the project.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously.
STATUS OF INSTALLATION OF TRAFFIC LIGHT AT U.S #1 AND HIGHLAND
DRIVE - VERO HIGHLANDS
Commissioner Bird noted that staff has been working on the
installation of a signal at this intersection for some time, and
asked Public Works Director Jim Davis to elaborate on its status.
Director Davis reported that we retained a consultant to
design the signalization and those plans were finished plans last
winter. The plans were sent to the DOT and we received preliminary
approval in December, 1991. In March the DOT sent some changes
that they wanted incorporated into the design and the consultants
have just completed changing the drawings. We also are working
with the DOT for them to fund a portion of the work since U.S. #1
is a state highway. The DOT has a continuing contract with a
signal installation company to provide certain equipment and
materials, and -the County is trying to take advantage of that to
save approximately $15,000-$20,000 on the project. Now that the
changes have been incorporated into the drawings, we hope the DOT
will approve the project quickly. The DOT has ordered the poles
which will be delivered to the County within 30 days, and we have
asked FP&L to move their power lines as soon as possible. Director
Davis estimated that the light would be in full operation in 60-75
days.
Commissioner Bowman inquired about the light at the corner at
CR -512 and Barber Street, and Director Davis advised that the
signalization installation is complete and we are waiting for FP&L
to energize the controller in the signal.
64
C
BOOK C�c� PAut " J
BOOK'
AWARD OF BID #92-29 - BLUE CYPRESS LAKE COMMUNITY SEWER IMPROVEMENT
PROJECT
The Board reviewed the following memo dated 3/20/92:
DATE: MARCH 20, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: FRAN BOYNTON
PURCHASING MANAG
FROM: HARRY E. ASHER
ASSISTANT DIRE OF UTILITY SERVICES
PREPARED ROBERT O. CL&EMEN , P.E.
AND STAFFED ENVIRO E INEER
BY: DEPART
UTILITY SERVICES
SUBJECT: BLUE CYPRESS LAIC; CONY SEWER I14pROVEMENT PROJECT
INDIAN RIVER COUNTY PROJECT NO. IIs-90-01-DC/CS/ED
INDIAN RIVER COUNTY BID NO. 92-29
BACKGROUND
The bid opened on January 29, 1992 on the above-mentioned sewer
improvement project. Five contractors submitted their bids to the
County.
Contractor
Speegle Construction, Inc.
Cocoa, Florida
JoBear, Inc.
Palm Bay, Florida
Sverdrup Construction, Inc.
Orlando, Florida
Utility Systems of America, Inc.
Daytona Beach, Florida
TLC Diversified, Inc.
West Palm Beach, Florida
Lowest amount of bid: $439,095.00
Interim source of funds: Utility sewer
Budgeted amount: $482,049.00
_. RECOMMENDATION
Bid Tabulation
$439,095.00
473,842.00
580,723.00
837,285.00
1,063,224.00
impact fee fund
The staff recommends that the bid be awarded to Speegle
Construction, Inc., as the lowest, most responsive and responsible
bidder meeting specifications set forth in the Invitation to Bid.
In addition, staff requests the Board's approval of the attached
contract agreement when all requirements are met and approved as to
form by the County Attorney.
65
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously awarded Bid
#92-29 to Speegle Construction and approved the contract
agreement with the terms set out in the above staff
recommendation.
CONTRACT AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED
(ABOVE CONTRACT NOW RECEIVED AND ON FILE IN OFFICE OF CLERK TO BOARD)
WILLIAM BLANKENSHIP VS. INDIAN RIVER COUNTY
Attorney Vitunac announced that the County has just been
notified that we have won the case of William Blankenship vs. the
County and William G. Collins, II. The federal court said that
Attorney Collins, when he was Acting Administrator, gave even more
due process than was required. It was a total victory for the
County.
AMTRACK RESOLUTION
The Board reviewed the following memo dated 3/24/92:
�OISTRIBUTiON
�um
LIST '.%/Y
COnmiSs:aners /!
COQA
Administrator •�
Attorney
t
r� ion�l
g
Personnel
Public s si
2324�gp
planning
council
Communitynity Dev.
Utilities
�Finance
t..3Other
JAS - -
3
e; ass/o G4'J. rtir
MEMORANDUM
��e
•moi n��
To:County Commission rs, Chairmen and Mayors
i
From: Daniel M. Cary
Date: March 24, 1992
Subject: AMTRAK Service
The Treasure Coast Regional Planning Council adopted the
attached Resolution at its .March 20, 1992 meeting. It
supports the concept of AMTRACK service between Jacksonville
and Miami within the FEC Corridor.
Council believes such service would benefit the Region and
its local governments in many ways, and would strongly
encourage and request that each local government send a
similar resolution supporting this concept to the FDOT in
Tallahassee. In order to have maximum impact, we would
encourage these resolutions be transmitted'to FDOT by April
30, 1992.
Thank you for your consideration of this matter.
;.
Rana
APR ® 7 1992
J
BOOK
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-56, supporting the concept of AMTRAK
service from Jacksonville to Miami along the Florida East
Coast Railway corridor.
RESOLUTION NO. 92-56
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING THE CONCEPT OF
AMTRAK SERVICE FROM JACKSONVILLE TO
MIAMI ALONG THE FLORIDA EAST COAST
RAILWAY. CORRIDOR
WHEREAS, AMTRAK presently does not provide service
to heavily populated coastal communities between
Jacksonville and Miami; and
WHEREAS, the existing Florida East Coast freight
rail lines between Jacksonville and West Palm Beach will
facilitate this service contingent upon improvements to
accommodate passenger train service; and
WHEREAS, regular AMTRAK service along the east
coast would provide Treasure Coast and Florida residents
with a transportation alternative, and better, more diverse
service; and
WHEREAS, regular AMTRAK service would facilitate
inter -city transportation service and commerce by connecting
Treasure Coast Communities such as Vero Beach, Ft. Pierce,
Stuart and West Palm Beach to Miami, Jacksonville and other
important destinations; and
WHEREAS, such service could significantly enhance
ridership on the Tri -County Rail and metrorail, a facility
of significant State and Federal investment; and
WHEREAS, such service would help to revitalize
existing Coastal Cities, a goal and objective of State,
Regional and local concern; and
67
WHEREAS, such service would otherwise provide
diverse and numerous benefits to the residents of the
Treasure Coast Region and its economy,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Treasure Coast Regional Planning Council supports the
concept of AMTRAK service between Jacksonville and Miami
along the east coast corridor of the FEC, connecting with
West Palm Beach and Tri -County Rail, and supports the
efforts of the Florida Department of Transportation to
initiate such service as soon as is possible.
The foregoing resolution was offered by
Commissioner Scurlock and seconded by Commissioner Bird,
and, being put to a vote*, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
- Commissioner Don C. Scurlock, Jr. Aye
.Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution
duly passed and adopted this 7th day of April, 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
Carolyndt. Eggert" hairman
ATTEST;
.�
oy . oaf 'y �� P, S C r k
68
SPR 07 1992
BOOKi9
APR 07199 BOOK'
e� E B �.
REQUEST FROM INDIAN RIVER LAND TRUST FOR LETTER OF SUPPORT
The Board reviewed the following memo dated 4/1/92:
Indian River Land Trust
r
Atzorae�
.ii.� Pers•0.�.:gl
r' P::_Z. :'�-.t,; Apr—iT-T; 1992
Cert:.
Mc. � lyn Eggert, Chairman 1.,
� CP
Bear�L-of County Commissioners APR 1992 LO
iver County ppN1StRAtGRS BOARD OF DIRECTORS. 1840 25th St., Suite N- 158 c�E /Vero Beach Florida 32960A'Toni D. Robinsoq Chairman r��.
Lala M. Maresi, Vice Chairman
Jean A. Henderson, Sevetary
Milton Fleming, Treasurer
Lucy P. Ander
Patricia M. Brown
James S. Haeger
' Dorothy S. Mortensen
Dan S. Mortensen
Sinn Phillip
ADVISORY BOARD:
Margaret C. Bowman
Millie Bunnell
Warren W. Dill, PA
William A. Fisher,11
Peggy Powers Ford
George F. Hamner, Sr.
Anna P. Norris
Georgia S. Pierpont
Frank Spitzmiller
Catherine G. Stahl
Ruth Stanbridge
Alathea K Walker
Post Office Box ]302
Vero Beach, Florida 32961
4077/2314670
Dear Ms. Eggert,
The Indian River Land Trust is a private non-profit
organization whose mission is to promote the
preservation, oconservation and improvement of
natural resources and special places in Indian
River County, Florida. To that end, the Land Trust
has submitted an application to the State's
Conservation and Recreation Lands (CARL) program
proposing the acquisition of lands bordering the
Indian•River near the Jungle Trail. The attached
fact sheet will tell you about the project and
our reasons for proposing it, and the map on the
back will show you the proposed boundaries. I am
writing to request a letter of support for this
project from the Board of County Commissioners,
addressed to Dr. O. Greg Brock. (The complete
address is on the bottom of the fact sheet.)
From the point of view of "natural resources and
special places," this proposal has a great deal
to offer. It also has great potential for
cooperative funding. The northern half of the
area is included in the proposed expansion of the
Pelican Island National Wildlife Refuge. U.S.
Fish and Wildlife has $1.2 million in next year's
budget for this project. Two parcels at the
northern tip are on the Indian River County's LAAO
list of ten properties for acquisition. St. John's
River Water Management District is very concerned
about this area and may be able to dedicate SWIM
funds toward its purchase or management. There
may also be funds available from a new
transportation program that fits Jungle Trail very
well.
As you know, the competition for CARL is intense,
and it is important to rank high on the first vote
as well as on subsequent votes. A number of
organizations and private citizens have written
to CARL in support of this project, including the
City of Sebastian.
Thank you for your kind consideration of this request.
Working with us on this proposal are representatives
Of U.S. Fish and Wildlife, Florida Game and Freshwater
Fish Commission, and the Trust For Public Land,
Southeast Office in Tallahassee.
If you have any questions, please -call me at
(407) 231-4670.
Very truly yours,
CX11 1��1t.�o.A -
Toni Robinson, Chairman
69
Chairman Eggert advised that this is a request to send a
letter to the "powers that be" supporting the acquisition of lands
bordering the Indian River near Jungle Trail in the Pelican Island
area.
Commissioner Bowman clarified that the lands are between
Jungle Trail and the high water mark.
Commissioner Bird advised that he would not vote on this item
or discuss it because his real estate firm represents a property
owner in the area whose land may be considered as part of this
acquisition. He stated that he would file a conflict of interest
form. (Conflict of Interest form is on file in the Office of the
Clerk to the Board.)
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wheeler, the Board by a unanimous vote of
4-0 (Commissioner Bird abstaining) authorized the
Chairman to send a letter to C.A.R.L. supporting the
Orchid Island/Jungle Trail project. _
UNITED ARTISTS CABLE'S DONATION OF ORNAMENTAL PLANTS TO BE PLACED
ON SR -60
The Board reviewed the following letter dated 4/2/92:
United Artists Cable
of Florida
j �, 9401 h S eet
6,•}tS�P.O. Box 2530
Vero Beach, FL 32%1-2530
APR 1992 (407 %7--M44
t. aVED
�i BOARD OOUWY w. O�.wwe.v+� w�+�►ns���.sw� l�s.
COA4MISSIONERS �� �Mi lln 1 ib 1 b,
61 9t April 2, 1992 DISTRIBUTION LIST
Commissioners _
Administrator
Board County Commissioners Attorney
1840 25th St. Personnel
Vero Beach, Florida 32960 Public Works
Community Dev.
Dear Commissioners: UtilitiesFinance _
Other Q�tl
As you are aware, last year United Artists wished to create an annual project where the
cable system would provide a donation for ornamental plants to be placed on SR 60. We
choose this location as one of the main entrances to Indian River and the City of Vero
Beach. There was a problem with the ornamental shrub that we had chosen.
Mr. Tun Elder, County Forester, has suggested an alternative plant, the Washingtonia Palm.
I have included Mr. Elders letter. We feel this is a good alternative and will have a nice
visual impact in years to come.
70
A R 0 9 1992 L�U��11 �� Frj��t JJ0
L—
OR 07
1992 BOOK
We have discussed the change with Mr. Jim Davis and would be happy to cooperate with
any recommendations he will have on the specifics of planting.
While this is a project we desire to start and continue with in future years, our ability to
accomplish this from a marketing standpoint has a short time frame. In future years we
would hold this in the early part of the first quarter. I would appreciate the Commission
letting me know if there is still interest in a project of this sort, so that I may proceed with
the many other details that will need to be taken care of. Should my time limitations be a
problem, we may want to make the first planting first quarter of 1993. .
rely,
James Foody
cc: Mr. Jim Davis
ON MOTION by Commissioner Scurlock,_ SECONDED by
Commissioner Bird, the Board unanimously accepted United
Artists Cable's donation of ornamental plants to be
placed on SR -60; planting to be coordinated with the
Public Works Department.
LEAGUE OF WOMEN VOTERS REQUEST FOR LETTER OF SUPPORT
The Board reviewed the following memo dated 3/28/92:
tG Personnel
March 28, 1992
Public Worlts
*=�-.4406 ,n Eggert Community rev.
180 25th Street Utilities
Vero Beach, Florida 32960 Finance
Other _-
Dear Ms. Eggert:
You may be aware that a League of Women Voters unit has been
formed in Indian River County. The League, which is totally non-
partisan, is dedicated to educating voters. The League never
supports individual candidates and only supports a particular issue
after serious lengthy study and discussion. The Indian River County
unit is sponsored by the St. Lucie County League of Women Voters.
Our unit has been active for the past year, strengthening our
_membership and* holding informational meetings concerning various
topics of local, state and national interests.
We are now 'completing our unit's application to the League of
Women voters of- Florida, so that we may shed our "sponsored" status
and achieve "provisional" status, one step away from being a full-
fledged independent League.
71
Part of our application requires us to demonstrate significant
local belief in the need for a League of Women Voters here in our
county.
This.is where you come in.
As a County Commissioner, you are indeed a prominent citizen
of Indian River County. We sincerely hope that you will draft a
brief letter in support of the establishment of an Indian River
County League of Women Voters.
Your letter should be forwarded to Joan Fox or me, as we are
the co -leaders of the Indian River County sponsored unit of the St.
Lucie County League of Women Voters.
If you*. have any questions or desire any further information,
please feel free me (569-8698), Joan Fox (567-9376) or Charlotte
Hoover, President of the St. Lucie County League and consultant to
our unit (335-0815).
We would appreciate your prompt response,. as we anticipate
completing' the remainder of our application within two weeks of
today's date. Thank you for your support. We look forward to
hearing from you.
i
Very truly yours, /
Colleen Ressler
Chairman Eggert felt that a letter of support should come from
the Board as a group and then perhaps separate letters from the
individual Commissioners.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously authorized the
Chairman to write a letter supporting the establishment
of the Indian River County League of Women Voters.
72
APR 07 1992 BOOK FACE �J,id
APR () 7 T99� «ooK [,,,EJSC)
REQUEST FOR FUNDING BY TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS
The Board reviewed the following letter dated 4/7/92:
Treasure Coast Council of Local Governments
April 7, 1992
Commissioner Margaret Bowman
Indian River County Commission
1840 25th Street
Vero Beach, Florida 32960
Dear Commissioner -Bowman:
The Treasure Coast Council of Local Governments is asking each
represented entity to contribute fifty dollars ($50.) towards
a petty cash fund to be used, at Council's discretion, for
postage, awards and other expenses.
Mr. Dan Kurek, Public Services Administrator for St. Lucie
County will set up and handle the account. The account will
be monitored by the Chairman of the Council and no funds ex-
pended except by vote of Council.
With kindest regards,
Caroline D. Ginn
Chairman
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved a
contribution of $50 to the Treasure Coast Council of
Local Governments to be used for mailing expenses.
PARKS & RECREATION COMMITTEE REPORT
Commissioner Bird presented the following summary of the
meeting of 4/2/92:
PARKS AND RECREATION COMMITTEE
SUMMARY
April 2, 1992
1) RReeguest for $65,000 for Improvements_ toSebastianYacht Club
D_o c�
ka c'i I i t T e s------------ _____---.--------
The Committee discussed .the request. Inasmuch as there is
only $51,000 uncommitted in the Florida Boating Improvement
Fund, the committee recommended that $40,000 be allocated
for the improvements.
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2) Donald MacDonald Park_ Master_ Plan
The Committee discussed the plan. Because money is limited
this year.,. the Committee elected to phase in the
improvements. Because of immediate need, they recommended
that $20,000 be allocated to do the following improvements:
Replacement of picnic tables
Water chlorinator and softener
Signs
If there is any money left out of the $20,000, it will be
used to install barbeque grills.
The Committee feels it is necessary td have a full-time park
ranger at Donald MacDonald Park when the park is taken over
by the County on October 1.
3) Request for Jogging_Trail _at_Dale _Wimbrow_Park
A letter was received from the Roseland Property Owner's
Association requesting a one-half mile jogging trail at Dale
Wimbrow Park. Mr. Hailey will check the area to see how
much is involved regarding time and cost, and where it can
be placed to work into the overall master plan for the park.
Mrs. Lathero-Gay will be invited to attend the next
committee meeting to further discuss the request.. North
County Recreation has some money that might be available to
construct the trail. -
4) Request to_Stop_Development_ of Treasure_ Shores_ Park
A letter was received from the United States Department of
the Interior requesting that all development be stopped at
Treasure Shores Park because a population of federally
protected southeastern beach mice have their habitat within
the confines of the park. They suggested that the park be
relocated to a site within the boundaries of Archie Carr
National Wildlife Refuge. The Committee discussed the
letter, 'but felt the County should continue with plans to
develop the master plan for the park, and send a
representative to the meeting in Tallahassee to present our
case.
RNB:aw
The Board took the following action on the corresponding
items:
1) Commissioner Bird reported that he had advised Sebastian City
Manager Rob McClary that these dock facilities must be open to
the public at no charge if these funds are used, and Mr.
McClary indicated that he felt the City Council would be
agreeable to that. Chairman Eggert suggested we put that in
writing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved the
allocation of $40,000 for improvements and the
clarification by letter to the City of Sebastian that the
facilities will be open to the public at no charge.
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2) No action. Public Works Director Jim Davis will present
master plan to Commission. Commissioner Bowman recommended
that we not spend any money there until we have taken it over
in October, and Commissioner Bird concurred. All of this will
be considered at budget time along with all our priorities.
3) No action. Staff will come back to Board with a dollar
amount.
4) Commissioner Scurlock suggested that we continue to proceed in
an environmentally sound way with Commissioner Bird monitoring
the situation. Commissioner Bird stated he would*go to
Tallahassee if necessary.
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT
DESIGNATING THE CHAMBER OF COMMERCE AS THE OFFICIAL COUNTY TOURIST
BUREAU
The Board reviewed the following memo dated 3/20/92:
TO: The Board of County Commissioners
FROM: ;oci Wim G. Collins II - Deputy County Attorney
DATE: March 20, 1992
SUBJECT: First Amendment to Contract with Chamber of Commerce
Designating Them as Official County Tourist Bureau
Based on operating experience of three years, the Chamber of Commerce has
proposed certain revisions to the existing agreement between the County and
the Chamber which designates the Chamber to function as the Official County
Tourist Bureau.
Attached is a proposed amendment to the agreement which sets out revisions
to the authorized uses, corrects the funding level for the County Tourist
Bureau as authorized by the Board last year, and provides a new clause
dealing with review and termination, as requested by the Tourist
Development Council.
RECOMMENDATION:
Approve the attached Resolution approving the First Amendment to the
Agreement Designating the Chamber of Commerce as the Official County
Tourist Bureau and authorize the Chairman of the Tourist Development
Council to execute the agreement on behalf of the Board.
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ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 92-57, approving the "First Amendment to
Agreement Designating the Chamber of Commerce as the
Official County Tourist Bureau".
RESOLUTION NO. 92- 57
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING THE "FIRST AMENDMENT
TO AGREEMENT DESIGNATING THE CHAMBER OF
COMMERCE AS THE OFFICIAL COUNTY TOURIST
BUREAU".
WHEREAS, on January 17, 1989 the Indian River County
Board of County Commissioners, by and through their advisory Tourist
Development Council ("Council") and the Vero Beach -Indian River
County Chamber of Commerce, through its Tourist Council ("Chamber")
entered into an Agreement Designating the Chamber of Commerce as the
Official County Tourist
Bureau,
which
agreement set
out
mutual
covenants and promises as
to the
funding
and operation of
the
County
Tourist Bureau; and
WHEREAS, Council and Chamber wish to modify the original
agreement, • based upon three years' operating experience as an Official
County Tourist Bureau,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The "First Amendment to Agreement Designating the
Chamber of Commerce as the Official County Tourist Bureau" (attached
as Exhibit 111" hereto) is hereby approved.
2... The Chairman of the Indian River County Tourist
Development Council is hereby authorized to execute said "First
Amendment to Agreement Designating the Chamber of Commerce as the
Official County Tourist Bureau".
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RESOLUTION NO. 92- 5 7
The foregoing resolution was offered by Commissioner
Scurlock and seconded by Commissioner W h e e l e r , and, being put
to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
t . Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler A y e
The Chairman thereupon declared the resolution duly passed
and adopted this 7th day of April , 1992:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:d4-r'�-
CarolynEggert
,'rman
ATTEST
Jef ,,B tori; Cle rk
VIVA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
WILLIAM G. COLLINS II
DEPUTY COUNTY ATTORNEY
DISCUSSION REGARDING COMMISSIONER SCURLOCK'S COMMITTEE ASSIGNMENTS
AND LIAISON POSITION WITH UTILITIES
Commissioner Wheeler advised that he added this item for
discussion because he has some deep concerns because of what has
occurred here in the past months and because of what has been
written in the newspaper today. He felt Mr. Scurlock's credibility
with him as a Commissioner has been seriously injured and he would
like to recommend or make a motion that until these proceedings are
brought to some conclusion$Commissioner Scurlock be removed as
chairman of the Finance Advisory Committee and the Land Acquisition
Advisory Committee and as liaison with the Utilities Department.
Commissioner Wheeler felt there are some problems there and some
difficulty with things proceeding smoothly, and because we rely
heavily on fellow Commissioners' reports to this Commission, a lack
of credibility makes it even more difficult.
COMMISSIONER WHEELER'S MOTION that Commissioner Scurlock
be removed as chairman of the various_ committees and as
liaison with the Utilities Department failed for lack of
a second.
Commissioner Scurlock knew Commissioner Wheeler was running
for Sheriff, but didn't know he was running for judge and jury.
Whether or not he has credibility with Commissioner Wheeler is
unimportant to him. What is important is that*he has credibility
with his constituents. Commissioner Scurlock emphasized that he
has not been indicted or even charged with anything, but there is
a trial by newspaper and basically Commissioner Wheeler is asking
to censure him.
Commissioner Wheeler confirmed that he is asking to censure
Commissioner Scurlock. He felt things need to be moving along and
that this matter is creating a great deal of friction within this
Commission and within county government. This is not something he
takes lightly and he is not looking at this as a candidate but as
a Commissioner with the responsibility to this Commission and the
community. If he was looking at this as a candidate, he would sit
back, keep his mouth shut and let things flow.
Chairman Eggert advised that last week she had asked Executive
Aide Liz Forlani about the history of county commissioners being
chairmen of committees in general, and Mrs. Forlani advised that as
far back as she could remember for the full time that she has been
here, the Commissioners always have chaired the committees.
Chairman Eggert commented that was as far as her thinking had gone
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with regard to any possible change, and she believed Commissioner
Wheeler's suggestion was premature.
Commissioner Scurlock agreed, in terms of utilities, that it
is time to establish a utilities advisory committee as opposed to
one liaison. As far as functioning and things moving on, he
pointed out that the Finance Advisory Commission has not considered
any financing recently nor is slated to in the near future. He has
had absolutely no problems chairing the Land Acquisition Advisory
Committee, which is a difficult committee to chair. In any event,
his vote is just one and all of those committees are fairly large.
He wondered if we are suggesting that each Commissioner give up the
chair on their assigned committees.
Commissioner Bowman felt the committee system is a pretty
efficient way to operate.
Chairman Eggert felt this is a very difficult situation, and
Commissioner Scurlock felt it is unfair to single him out as tried
and convicted of something, which is basically what this motion
does.
Commissioner Bird asked if Commissioner Scurlock would be
willing to voluntarily step down as liaison with Utilities, because
he felt that is the main area where there is any concern.
Commissioner Scurlock didn't have any problem in stepping down
as liaison with Utilities as he has been considering a utilities
advisory committee for some time now.
Commissioner Bird didn't want to censure Commissioner Scurlock
totally, and he- personally didn't have a problem with him
continuing to serve on the Finance Advisory Committee or the Land
Acquisition Advisory Committee.
Commissioner Scurlock pointed out that the issue here is about
the golf course and Guettler & Sons. It has nothing to do with
utilities. These allegation are just that, allegations.
Chairman Eggert was concerned about Commissioner Scurlock's
negative response to her question on whether there was any truth in
all of this, and she cannot deny that has had an effect on her.
She felt a credibility problem has come up, but didn't know how
much it affects other things. Chairman Eggert stated that she
doesn't like trial by newspaper and firmly believes that people are
innocent until proven guilty. However, it is not purely that which
we have going on here, and she would very much appreciate
Commissioner Scurlock's stepping down as liaison with Utilities
because of the conflicts and that kind of thing.
Commissioner Scurlock had the same concerns about some of the
Commissioners on various items.
79
Lk
Commissioner Wheeler didn't see this as trial by newspaper or
anything else. He read the articles, and by Commissioner
Scurlock's own admission, he doesn't always tell the truth. The
articles indicate that either the City of Ocoee was misled or other
people were misled. In other words, both sides of the story are so
conflicting that there has to be some untruth some place. This
Commission makes decisions and sets policy based on the input
from committees working together, and he personally feels that
input should be as credible as possible. He just feels
uncomfortable with the level of credibility that Commissioner
Scurlock has here.
Commissioner Bird was confident that justice will be served
between all that is going to come out through the lawsuit and all
the investigations conducted by all the agencies involved in the
process. However, in the interim he would be satisfied with
Commissioner Scurlock stepping down as liaison with Utilities.
Commissioner Wheeler felt that is a move in the right
direction, because business has been somewhat hampered due to all
of this.
Commissioner Scurlock didn't see it that way at all. In the
3-2 vote and the 5-0 vote, he didn't seen any reflection whatsoever
in terms of the votes being affected.
Chairman. Eggert wished very much to see Commissioner Scurlock
voluntarily step down as liaison to Utilities, and Commissioner
Scurlock stated that he already has indicated he will do that on
condition that the Commission will move forward and look at the
concept of establishing a utilities advisory committee.
Commissioner Bowman expressed her displeasure with the amount
of attention the newspapers are giving to the investigation. She
felt that just to let this thing fester is a waste of energy, a
waste of money, a waste of everything, and that we should get on
with business.
Commissioner Scurlock was confident that the appropriate
agencies will go through that process and that it will take care of
itself. He just hoped it is sooner rather than later.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, that Chairman Eggert initiate
discussions with the County Administrator to look at
the concept of establishing a utilities advisory
committee and bring it back to the Board.
Under discussion, Commissioner Wheeler asked Administrator
Chandler if he thought it was advantageous to establish an advisory
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committee for the Utilities Department, and Administrator Chandler
said he has no opinion on it at present as he has not given it any
consideration up to this point.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously.
SOLID WASTE DISPOSAL DISTRICT
Chairman Eggert announced that immediately upon adjournment
the Board would reconvene sitting as the 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 11:15 o'clock A.M.
ATTEST:
c; ' �,�
J. R -. —Barton, Clerk Carolyn . Eggert airman
81