HomeMy WebLinkAbout5/12/1992BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A C E N D A
REGULAR MEETING
TUESDAY, MAY 12, 1992
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman
Margaret C. Bowman, Vice Chairman
Richard N. Bird
Don C. Scurlock, Jr.
Gary C. Wheeler
9:00 A. M. 1. CALL TO ORDER
2. INVOCATION -
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Comm. Gary C. Wheeler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
A. Commissioner Bird requested .addition of
Item 13,C, Report of Parks &.Recreation Committee
S. PROCLAMATION AND PRESENTATIONS
Adoption and presentation of Proclamation Designating
May 10 Thru May 16, 1992 as Emer. Med. Services Week
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Received and Placed on File in the Office of the
Clerk to the Board:
Copy of the Fla. Inland Navigation District (FIND)
Annual Statement of Condition for 1991.
Notice of Filing Commissioners' Report for the Delta
Farms Water Control District
B. Release of Utility Liens
( memorandum dated May. 6, 1992 )
C. Occupational Licenses Collected - Month of April, 1992
( memorandum dated May 4, 1992 )
D. Land Acquisition Advisory Committee
( memorandum dated May 6, 1992 )
MAY 121992
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7.
BOOK bb FA.EE 401
CONSENT AGENDA (cont'd):
E. Dock License Agreement - Country Club Pointe,
Unit 1, Stephen J. and Sandra L. Maillet
( memorandum dated May 5, 1992 )
F. 1992 Automation Grant Contracts
( memorandum dated May 4, 1992 )
G. D.O.T. Requested Amendment to Merrill Barber Bridge
Relocation Agreements - -F. D.O.T. Parcels 101, 802,
and 801
( memorandum dated May 6. 1992 )
H. 90-65 Fuel Bid - Renewal of Annual Contract
(memorandum dated April 30, 1992)
I. IRC Bid #92-91 / Irrigation Well for Sandridge Golf
Course
( memorandum dated May 6, 1992 )
J. Request to Authorize Staff to Draw Upon A Letter of
Credit for Chapam Corporation
( memorandum dated May 5, 1992 )
K. Release of Easement Request by: Stuart L. 6 Deborah
A. Byer, Lots 65 8 66, Sandpointe S/D
( memorandum dated April 29, 1992 )
L. Release of Easement Petition By: Reginald and Tara
L. Penny, Lots 9 & 10, Blk.2, Kings Music Land S/D
(memorandum dated April 28, 1992)
M. Final Plat Approval for the Copelands Landing Ph. 11
( memorandum dated April 29, 1992 )
B. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. - PUBLIC DISCUSSION ITEMS
Fred Mensing Request to Speak Re: Various Matters
( letter received May 4, 1992 )
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
Animal Control Licensing
( memorandum dated May 5, 1992 )
11. DEPARTMENTAL MATTERS (cont'd.) :
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
Budget Amendment from Humane Society
( memorandum dated May 6, 1992 )
F. PERSONNEL
Administrative Policy Manual
( memorandum dated May 1, 1992 )
G. PUBLIC WORKS
1. So. Co. Regional Pk., Change Order #3
( memorandum dated May 5, 1992) -
2. Consultant Selection for Replacement of 43rd
Ave. Bridge Over the Indian River Farms Main
Relief Canal, LOI #92-82
( memorandum dated May 5, 1992 )
3. 6th Ave. Improvements at 20th Place Twin Pairs
Project - Budget Amendment 027
( memorandum dated April 29, 1992 )
H. UTILITIES
1. Floridacres Water Main, Bid No. 92-87
( memorandum dated April 23, 1992 )
2. 82nd Ave., Oslo Rd. 8 72nd Ave. Sewer Force Main
Final Pay Request and Change Order No. 1
( memorandum dated April 28, 1992 )
12. COUNTY ATTORNEY
U.S. #1 Northbound Left -Turn Lane at 99th St. ( Vickers Rd.)
( memorandum dated May 6, 1992 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
B. VICE CHAIRMAN MARGARET C. BOWMAN
C. COMMISSIONER RICHARD N. BIRD
MAY 12 19
MAY 12 199 BOOK
13. COMMISSIONERS ITEMS (cont'd.) •
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER GARY C. WHEELER
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
None
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.
Tuesday, May 12, 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, May 12, 1992, at
9:00 o"clock A. M. Present were Carolyn K. Eggert, Chairman;
Margaret C. Bowman; Vice Chairman, Richard N. Bird, Gary C.
Wheeler, and Don C. Scurlock, Jr. Also present were James E.
Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia Held, Deputy Clerk.
The Chairman called the meeting to order.
Commissioner Gary C. Wheeler, led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Bird requested addition of a report on Parks and
Recreation.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously added
the above item to the Agenda.
ADOPTION AND PRESENTATION OF PROCLAMATION DESIGNATING MAY 10
THROUGH MAY 16 1992 AS EMERGENCY MEDICAL SERVICES WEEK
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously adopted
a Proclamation Designating May 10 through May 16,
1992 as Emergency Medical Services Week.
Chairman Eggert conveyed special congratulations from the
Board to all the members of the division of Emergency Medical
Services for being the EMS employees of the year in the entire
state of Florida. The Commissioners recognized that these
employees worked hard to achieve this recognition.
Commissioner Scurlock remarked that the taxpayers of Indian
River County should also be thanked because this community has had
a strong commitment both to emergency services and fire protection
and supports our long range plan by providing the resources.
MAY 12 1992 BOOK
MAY 112 1992
BOOK PAGE 4
Chairman Eggert read aloud the following Proclamation and
presented it to Emergency Medical Services Chief Jim Judge:
PROCLAMATION
DESIGNATING MAY 10 THROUGH 16, 1992
AS
EMERGENCY MEDICAL SERVICES WEEK
WHEREAS, the members of emergency medical services teams
provide life-saving medical care, often under highly stressful
conditions and in life-threatening situations, thereby risking
their loves to save the lives of others; and
WHEREAS, around-the-clock emergency medical services are
made available through the efforts of dedicated volunteers, first
responders, emergency medical technicians, paramedics, emergency
nurses and physicians; and
WHEREAS, the citizens of, and visitors to Indian River
County benefit daily from the knowledge and skill of these
trained individuals; and
WHEREAS, it Is critical that the general public be made
aware of, -understand, support and effectively use Its local
emergency medical services system; and
WHEREAS, recognition is due to all members of emergency
medical services teams for their unselfish dedication to all
residents of Indian River County:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, Florida that the week of
May 10 - 16, 1992 be designated as
EMERGENCY MEDICAL SERVICES WEEK
in Indian River County, with a special emphasis on encouraging
the people of Indian River County to observe this week with
appropriate programs, ceremonies and activities.
Adopted this 12 day of May, 1992.
2
= BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
aro yn .��gg-ers • Chaff Aman
CONSENT AGENDA
Commissioner Scurlock requested the removal of Item 7.D., Land
Acquisition Advisory Committee.
A. Reports
The following were received and placed on file in the Office
of Clerk to the Board:
Copy of the Florida Inland Navigation District (FIND)
Annual Statement of Condition for 1991
Notice of Filing Commissioners' Report for the Delta
Farms Water Control District
B. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA dated May 6,
1992:
TO: Board of County Commissioners
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: May 6, 1992
RE: CONSENT AGENDA - B.C.C. MEETING 5/12/92
RELEASE OF UTILITY LIENS
I have prepared the following lien -related documents and request that
the Board authorize the Chairman to sign them:
Satisfactions of Impact Fee Extension Liens for:
COLLEY
LINDHORST
RIEGLE
BEUTTELL/RUSSO
SCHOONOVER
STOUGH
TAYLOR/CUNMINGS
ZIMEI
Releases of Special Assessment Liens from
PHASE I WATER PROJECT in the names of:
DEAN CROWNINGSHIELD
McMANUS RAWLS
PITMAN SANDBERG (2)
CARMODY
Releases of Special Assessment Liens from
A -1-A WATER PROJECT for:
PONTO
ALLEN
ADKINS
MY 121992
3
BOrK ` Pi c,r silk
11AY i2 1992,
Releases of Special Assessment Liens from
STH STREET WATER PROJECT for:
COWAN
HERMAN
Releases of Special Assessment Liens from
12TH STREET WATER PROJECT for:
BOYETTE WILD _
HAVAS COLYER
BRADY
Releases of Special Assessment Liens from
MIRAFLORES WATER PROJECT for:
PEACH ANDERSON
BISSET KIRBY
TALLMAN BEKEMEIER
MORGAN
Release of Special Assessment Liens from
NORTH COUNTY SEWER PROJECT for:
Lot 73 Breezy Village (GREGERSEN)
Releases of Special Assessment Liens from
ROCKRIDGE SEWER PROJECT for:
FITZSIMMONS
LIVESAY
LABER
Releases of Special Assessment Liens from
STATE ROAD #60 PROJECT for:
LOWE
WINTERBOTTOM
COLANTINO (2)
NOWAK
Releases of Special Assessment Liens from
SUMMERPLACE WATER PROJECT for:
SCHOONOVER
ZAFFUTO
GLENDALE FEDERAL
Release of Special Assessment Lien from
U.S. #1 (10TH TO MAIN RELIEF CANAL) for:
VERO BEACH CITRUS PACKERS
nooK 86 F'AEE 0 a
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to execute the Satisfactions and
Releases of Liens, as recommended by staff.
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
4
C. Occupational Licenses Collected - Month of April, 1992
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously accepted
the following report from Tax Collector Gene Morris
summarizing Occupational License Taxes collected
during the month of April, 1992.
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
SUBJECT: Occupational Licenses
DATE: May 4, 1992
Pursuant to Indian River County Ordinance No. 86-59, please
be informed that $3,071.16 was collected in occupational
license taxes during the month of April, representing the
issuance of 215 licenses.
D. Land Acquisition Advisory Committee
The Board reviewed memo from Land Acquisition Advisory
Committee (LAAO) Chairman Carolyn Eggert dated May 6, 1992:
MEMORANDUM
TO: Board of County Connnissioners
FROM: Commissioner Carolyn R. Eggert, Chairman,
Board of County Commissioners c:
and
Land Acquisition Advisory Committee
DATE: - May 6, 1992
SUBJECT: Land Acquisition Advisory Committee
At its meeting on April 29, 1992 'the Land Acquisition
Advisory Committee recommended that the following motion be
approved:
ON MOTION by Mr. Morrison;.SECONDED by Mr. Rogers, the
Committee unanimously agreed to recommend to the Board of County
Commissioners that the County make a presentation regarding the
Padgett Branch Segment to the Land Acquisition Advisory Council
hearing in Tallahassee, Florida on August 14, 1992. The
Committee further recommends that everyone in the County do
everything they can to enhance the possibilities of that land
being acquired by the Conservation and Recreation Lands (CARL)
Program.
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SAY 12 `992
Commissioner Scurlock noted that the memo did not clarify
whether funds had been authorized for that meeting, and Chairman
Eggert responded that funds should be authorized.
ON MOTION by Commissioner -Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
a presentation as set out in the recommendation of
the Land Acquisition Advisory Committee and
authorized the necessary expenditure for that
presentation.
E. Dock License Agreement— Country Club Pointe Unit 1 Stephen
J. and Sandra L. Maillet
The Board reviewed memo from Deputy County Attorney Will
Collins dated May 5, 1992:
TO: The Board of County Commissioners
FROM: VfC"" William G. Collins II - Deputy County Attorney
DATE: May 5, 1992
SUBJECT: Dock License Agreement - Country Club Pointe, Unit 1
Stephen J. and Sandra L. Maillet
In accordance with the County's policy on permitting construction of docks
on County right-of-way in Country Club Pointe, Unit 1, presented herewith
for approval is a License Agreement between Stephen J. and Sandra L.
Maillet and Indian River County.
RECOMMENDATION
That the Board approve the License Agreement presented herewith subject to
the payment of the license fee and the necessary insurance being in place.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the License Agreement with Stephen J. Maillet and
Sandra L. Maillet subject to payment of the license
fee and the necessary insurance being in place.
SAID AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
6
F. 1992 Automation Grant Contracts
The Board reviewed memo from Main Library Director Mary Powell
dated May 4, 1992:
DATE: 5-4-92
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEANS DIRECTOR, DEPARTMENT O
GENERAL SERVICES
SUBJECT: 1992 AUTOMATION
� GRANT CONTRACTS
FROM: - MARY D. POW Et , 4 DIRECTOR, MA I ti L I BRARY
BACKGROUND:
STAFF APPLIED TO THE DIVISION OF LIBRARY AND INFORMATION
SERVICES FOR THE AUTOMATION GRANT FOR FY 1992. THE GRANT
WAS APPROVED FOR FUNDING ($309000.00).
ANALYSIS:
THE CHAIRMAN OF THE BOARD OF COUNTY COh+MISSIONERS'
SIGNATURE IS REQUIRED ON BOTH ORIGINAL CONTRACTS
(ATTACHED). WHEN THE STATE LIBRARIAN SIGNS AND DATES THE
CONTRACTS, THE FUNDS MAY BE EXPENDED.
RECOMMENDATIONS:
STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS
CHAIRMAN TO SIGN THE GRANT CONTRACTS AND RETURN TO THE
:MAIN LIBRARY DIRECTOR TO BE FORWARDED TO THE APPROPRIATE
STATE LIBRARY STAFF.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to execute the Grant Agreement for the
Florida Long -Range Program for Library Service, as
recommended by staff.
PARTIALLY EXECUTED COPY OF GRANT AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7
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MAY 12 1992
[BOOK 8`6 PA,,E 4 11
G. D.O.T. Reauested Amendment to Merrill Barber Bridge Relocation
Agreements - F.D.O T Parcels 101 802 and 801
The Board reviewed memo from Deputy County Attorney Will
Collins dated May 6, 1992: -
TO: The Board of County Commissioners
FROM: too- William G. Collins II - Deputy County Attorney
DATE: May 61 1992
SUBJECT: D.O.T. Requested Amendment .to Merrill Barber Bridge
Relocation Agreements - F . D . O. T . Parcels 101, 802, and 801
On April 28, 1992 the Board of County Commissioners, by Resolution No.
92-65, authorized the Chairman to execute agreements with the Florida
Department of Transportation relating to the acquisition of permanent
easements and rights-of-way for the Merrill Barber Bridge relocation.
Subsequently, the F. D . O. T . has requested an addendum to the agreements
on Parcels 101 and 801 to incorporate provisions required by F.S. 287.058 to
be in every contract document which involves the procurement of contractual
services in excess of certain amounts.
These provisions may have applicability to Indian River County if it submits
invoices to D.O.T. for reimbursement for certain travel expenses, attorney's
fees, etc. associated with the County's acquisition of these properties.
RECOMMENDATION:
Pass the attached Resolution authorizing the Chairman to execute the
Addendum to the Agreements between Florida Department of Transportation
and Indian River, County for the acquisition of rights-of-way and permanent
easements for the Merrill Barber Bridge, State Parcel Nos.. 101 and 801.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-70 and authorized the Chairman to
execute the Addendum to Agreement with Florida
Department of Transportation, as recommended by
staff.
COPY OF EXECUTED ADDENDUM TO AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
8
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RESOLUTION NO. 92-70
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING AN ADDENDUM TO
AGREEMENTS BETWEEN INDIAN RIVER COUNTY
AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION RELATED TO THE RELOCATION
OF THE MERRILL BARBER BRIDGE.
WHEREAS, Indian River County on April 28, 1992, by
Resolution No. 92-65 approved and authorized the Chairman to execute
certain agreements between the Florida Department of Transportation
and Indian River County for the acquisition of permanent easements and
rights of -way for the relocated Merrill Barber Bridge (State Parcel Nos.
801, 802 and 101); and
WHEREAS, paragraph 13 of those agreements provided that
"no modifications, amendment, or alteration in the terms and conditions
contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity
herewith",
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Chairman is authorized to execute an addendum to those agreements
that add and incorporate the following numbered ' paragraphs to the
aforementioned contracts related to Merrill Barber Bridge, State Parcel
Nos. 101 and 801, to -wit:
"14. The County shall submit its bills for fees or other
compensation for services or expenses in detail sufficient for
a proper pre -audit and post -audit thereof.
15. All bills for travel expenses, if applicable, shall be in
accordance with S.112.061, Florida Statutes.
16. The Department may cancel this Agreement for refusal of
the county to allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter
119 and made or reviewed by the county in conjunction with
this Agreement."
Scurlock
The foregoing resolution was offered by Commissioner
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
T
Commissioner Gary C. Wheeler Aye
9
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FF'_ I
MAY 12 1992
moK 86
RESOLUTION NO. 92-_ZQ
The Chairman thereupon declared the resolution duly passed
and adopted this 12 day of May , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By: Z' G
" '_4 Z'=
Carolyn.y. Eggert, ChAirman
H. IRC Bid 90-65 Fuel - Renewal of Annual Contract
The Board reviewed memo from Purchasing Manager Fran Boynton
dated April 30, 1992:
DATE: April 30, 1992
TO: BOARD OF COUNTY
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: Fran Boynton, Purchasing Manage
SUBJ: 90-65/Fuel Bid
Renewal of Annual Contract
County Wide Contract
BACKGROUND INFORMATION:
On May 8. 1990. the Board of County Commissioners approved the
award of IRC Bid #90-65 for the purchase of gasoline, diesel fuel
and other oil products. (See attached). The provisions of the bid
document allowed for renewals on an annual basis by mutual agree-
ment of all parties and we have.exercised this option.
ANALYSIS:
The annual fuel bid is up for renewal again, and letters were
sent to all vendors requesting they hold their (plus or minus)
profit margin firm for another year. The following vendors have
Accepted our offer.
10
Transport (7800 Gallons) FT P33MCE OIL
Regular Unleaded $.0270
Super Premium $.0270
Tank Wagon
Regular Unleaded $.0551
Premium Unleaded $.0551
Diesel 02 $.0551
Super Premium $.0551
Midgrade Unleaded COASTAL FUELS $.0131
Transport - Diesel #2 $.0165
Transport (7800 Gallons) BP OIL
Premium Unleaded Minus $.0049
Staff recommends extending the 1990 fuel bid prices with the
following vendors:
COASTAL FUELS
BP OIL
FT PIERCE OIL
and rebidding the balance of the bid which consists of prices for
motor oil and lubricants.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the renewal of the agreement for purchase of
gasoline, diesel fuel and other oil products as set
out in staff's recommendation.
I. Bid 92-91 - Irrigation Well for Sandridge Golf Course
The Board reviewed memo from Purchasing Manager Fran Boynton
dated May 6, 1992:
11
MAY 12 1992
r I
MAY U 199-A,
FtA,,c 415,
DATE: May*6, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
4
H.T. °Sonny" Dean, Director
.Department of General Service
FROM: Fran Boynton, Purchasing Manager
SUBJ: IRC Bid 092-91/Irrigation Well for Golf Course
Sandridge Golf Course
BACKGROUND INFORMATION•
Bid Opening Date: April 22, 1992
Specifications mailed to: Six (6) Vendors
Replies: Four (4) Vendors
VENDOR BASE BID
Drilling Services, Inc $221,998.00
Ft Pierce, Fl
Reliable Services $24,000.00
Vero Beach, Fl
Drilling Consultants $25,850.00
Tampa, Fl 1.
American Drilling $28,247.00
Lutz, Fl
TOTAL AMOUNT OF BID: $22,998.00
BUDGETED AMOUNT: $220998.00
SOURCE OF FUNDS:
Sandridge Golf Course New 18 Account. (418-000-169-018.00)
RE991►IlMMATION:
Staff recommends that the bid be awarded to Drilling Services.
Incorporated as the lowest, most responsive and responsible
bidder meeting specifications. (See attached memo.)
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
92-91 for recharging the irrigation well for
Sandridge Golf Club's expansion project to Drilling
Services, Incorporated in the amount of $22,998.00
as recommended by staff.
12
CONTRACT & ADDENDUM ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
J. Reuuest to Authorize Staff to Draw Upon a Letter of Credit for
Chapam Corporation
The Board reviewed memo from County Attorney Charles Vitunac
dated May 5, 1992:
TO: Indian River County Board of County Commissioners
FROM: Char s Vitunac'
County Attorney
DATE: May 5, 1992
SUBJECT: REQUEST TO AUTHORIZE STAFF TO DRAW UPON A LETTER OF
CREDIT FOR CHAPAM CORPORATION
SD -90-05-004
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 12, 1992.
DESCRIPTION AND CONDITIONS:
On February 26, 1991, the Board of County Commissioners granted
final plat approval for the Treasure Trail Subdivision. The
applicant, Chapam Corporation, was required to provide an executed
1 -Year Warranty/Maintenance Agreement to guarantee the performance
of the subdivision's publicly dedicated improvements and post
security to guarantee the Warranty/Maintenance Agreement. The
applicant submitted an Indian River National Bank Letter of Credit
for $17,415,75 to satisfy the security requirement. The
Warranty/Maintenance Agreement is provided by a developer for the
County's protection against faulty subdivision improvements.
Following expiration of the 1 -year warranty period, staff inspects
the subject subdivision to determine if any repairs to the
subdivision are required. If no repairs are required, the
Warranty/Maintenance period expires and the posted security is
released. If repairs are required, the developer is notified that
the required repairs must be completed prior to expiration of the
posted security. If the repairs are not complete, the County must
act to draw upon the corresponding security which shall fund
completion of the required repairs by the County.
ANALYSIS:
Staff's 1 -year inspection of the subject subdivision revealed that
repairs to the subdivision's drainage system were required in order
to bring the subdivision into compliance with its corresponding St.
Johns River Water Management District (SJRWMD) Stormwater Permit.
The applicant was notified that repairs were required and has begun
completing the work, pending final approval of remaining repair
work by the St. Johns Water River Water Management District. The
applicant has requested permission to extend the current Letter of
Credit for an additional ninety (90) day period to accommodate
completion of the final remaining repair work. Staff has no
objection to such a request. However, the current Letter of Credit
is due to expire on May 15, 1992 and a renewed or replacement
Letter of Credit has not yet been received by staff as of the date
of this report. To ensure that there will be no lapse in posted
security and to ensure that the County will not incur the cost to
complete the final remaining required repairs, staff is requesting
13
MAY 12 1992
�,JIY 12 1992UL
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that the Board of County Commissioners authorize staff to draw upon
the existing Letter of Credit if an acceptable replacement letter
of credit is not received by May 14, 1992. Should the developer
present a new, acceptable Letter of Credit to staff following
staff's draw upon the original Letter of Credit, staff will return
the collected funds to the developer.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the
attached resolution demanding payment under the provisions of the
Indian River National Bank Letter of Credit, authorize the Chairman
to endorse the Letter of Credit, and authorize staff to draw upon
the letter of credit if an acceptable replacement letter of credit
is not received by May 14, 1992.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-71 authorizing draft upon Indian River
National Bank Irrevocable Letter of Credit No. 0019,
as recommended by staff.
RESOLUTION NO. 92- 71
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING DRAFT UPON INDIAN RIVER NATIONAL
BANK IRREVOCABLE LETTER OF CREDIT NO. 0019.
WHEREAS, CHAPAM CORPORATION entered into a Warranty,
Guaranty and Maintenance Agreement, and Bill of Sale for Required
Improvements (Contract No. SD -90-04-05) with Indian River County relating
to Treasure Trail Subdivision; and
WHEREAS, in order to secure its obligations under that agreement,
CHAPAM CORPORATION established with Indian River National Bank an
Irrevocable Lotter of Credit No. 0019 in favor of Indian River County in the
amount of $17,415.75 with an effective date of February 12, 1991 and having
an expiration date of May 15, 1992; and
WHEREAS, CHAPAM CORPORATION has defaulted under the terms
of the aforementioned Warranty, Guaranty and Maintenance Agreement, and
Bill of Sale for Required Improvements,
14
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The above statements are ratified in their entirety.
2. Payment is hereby demanded of Indian River National Bank in
the amount of $17,415.75, which amount of the draft represents the amount
required by Indian River County to fulfill the performance of said Warranty,
Guaranty and Maintenance Agreement for required improvements.
3. The Chairman of the Board of County Commissioners is
authorized to endorse the date and amount of the drawing on the reverse
side of the letter of credit.
4. The Indian River County Office of Management and Budget is
authorized to transmit this resolution along with the, sight draft marked
"Drawn on Irrevocable Letter of Credit No. 0019 - Iridian River National
Bank."
5. Sight draft and resolution are to be presented for payment at
9
the Indian River National Bank offices located at 958 20th Place, Vero Beach,
Florida 32960 on or before May 15e 1992, along with the endorsed original
letter of credit.
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 A y e
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 12 day of May 1992.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
Carolyn Tc IEggert, C ai man
15
MAY ��
BOOK k6' 4 1 uP
K. Release of Easement Request by Stuart L. and Deborah A. Byer
Lots 65 and 66, Sandpointe Subdivision
The Board. reviewed memo from Code Enforcement Officer Charles
Heath dated April 29, 1992:
TO: James E. Chandler
County Administrator
DEPAATMENT HEAD CONCURRENCE:
ert M. Keat ng AIC
Community Develo went rector
A
THROUGH: Roland DeBlois,�AICP
Chief, Environmental Planning
FROM: Charles W. Heathor.&.i/,
Code Enforcement Officer
DATE: April 29, 1992
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
Stuart L. & Deborah A. Byer
Lot 65 & 660 Sandpointe Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of May 12, 1992.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Stuart L. & Deborah A. Byer,
owners of the subject property, for the release of the common five
(5) foot utility easements of Lot 65 & 66, Sandpointe Subdivision.
It is the petitioner's intention to construct a concrete driveway
on the combined parcels.
The current zoning classification of the subject property is RS -3,
Single -Family Residential District. The Land Use Designation is L-
1, allowing up to three (3) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by the Southern Bell Telephone
Company, City of Vero Beach Power Company, Water & Sewer
Department, United Artists Cable Corporation,, the Indian River
County Utilities Department and the Road & Bridge and Engineering
Divisions. The petitioners have made financial arrangements with
United Artists Cable Corporation for the relocation of an
underground telecommunications cable. All other reviewing agencies
stated there would be no adverse impact to utilities being supplied
to the subject property.
RECOMMENDATION:
Staff recommends to the Board, through the adoption of a
resolution, the release of the common five (5) foot side lot
utility easements of Lots 65 & 66, Sandpointe Subdivision, being
the northerly five (5) feet of Lot 65, and the southerly five (5)
feet of Lot.66, according to the plat thereof as recorded in Plat
Book 12, Page 67 of the Public Records of Indian River County,
Florida.
16
and
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-72 abandoning certain easements in the
Sandpointe Subdivision, as recommended by staff.
RESOLUTION NO. 92-72
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
ABANDONING CERTAIN EASEMENTS IN THE SANDPOINTE
SUBDIVISION, LOTS 65 & 66, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 67 OF THE
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 Stuart L. & Deborah A. Byer their successors in
interest, heirs and assigns, whose mailing address is 1300 White
Heron Lane, Vero Beach, Florida 32963 Grantee, as follows:
Indian River County does hereby abandon all right, title, and
interest that it may have in the following described easements:
the common five (5) foot utility easements of Lots
65 & 66, Sandpointe. Subdivision, being the
northerly five (5) feet of Lot 65, and the
southerly five (5) feet of Lot 66, as recorded in
Plat Book 12, Page..67 of the Public Records of
Indian River County, Florida.
Tax Parcel Number: 16-33-39-40-00018-0000-00065.0
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock , seconded by Commissioner Bird , and
adopted on the 12 day of May , 1992, by the following
vote:
17
HOK ( :<
1A\ 2 A, "l2,
BOOK
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed and
adopted this _1, day of May , 1992.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By . �Al-1.
Carol Eggert
hairman,
L. Release of Easement Petition by Reginald and Tara L. Penny,
Lots 9 and 10, Block 2 Kings Music Land Subdivision
The Board reviewed memo from Code Enforcement Officer Charles
Heath dated April 28 , 1992:
TO:
James E. Chandler
County Administrator
DIVI ON BEAD CONCURRENCE
ert M.satin , AI
Community Develo men irector
THROUGH:
Roland DeBlois�AICP
Chief, Environmental Planning
& Code Enforcement
FROM:
Charles W. Heath a •S.J,
Code Enforcement Officer
DATE:
April 28, 1992
SUBJECT: RELEASE OF EASEMENT PETITION BY:
Reginald & Tara L. Penny
Lot 9 & 10, Block 2, Ring Music Lands Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their' regular
meeting of May 12, 1992.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Reginald & Tara L. Penny, owners
of the subject property, for the release of the common three (3)
foot side lot utility and drainage easements of Lot 9 and the north
one-half (1/2) of Lot 10, Block 2, Kings Music Lands Subdivision.
It is the petitioner's intention to construct a single-family
residence on the combined parcels.
18
The current zoning classification of the subject property is RS -31
single-family residential district. The land use designation is L-
1, allowing up to three (3) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone Company,
Florida Power & Light Company, United Artists Cable Corporation,
the Indian River County Utilities Department and the Road & Bridge
and Engineering Divisions. Based upon their reviews, there would'
be no adverse impact to utilities being supplied to the subject
property.
Staff recommends to the Board, through the adoption of a
resolution, the release of the common three (3) foot utility and
drainage easements of Lot 9 & 10, Block 2, Kings Music Lands
Subdivision, being the southerly three (3) feet of Lot 9, and the
northerly three (3) feet of Lot 10, according to the plat thereof
as recorded in Plat Book 6, Page 17 of the Public Records of Indian
River County, Florida.
and
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-73 abandoning certain easements in the
Kings Music Lands Subdivision, as recommended by
staff.
RESOLUTION NO. _92_73
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
ABANDONING CERTAIN EASEMENTS IN THE KINGS MUSIC
LANDS SUBDIVISION, LOT 9, AND NORTH 1/2 OF LOT 10,
BLOCK 2, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 6, PAGE 17 OF THE 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 Reginald & Tara L. Penny their successors in interest,
heirs and assigns, whose mailing address is P.O. Box 2052, Wabasso,
Florida 32970 Grantee, as follows:
19
BOOK,U F� �r.',a�
MAY 121992
f/��1) � d C C
Upp��K V Ir Ulti.r
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 9 & 10, Block 2, Kings Music Lands
Subdivision, being the southerly three (3) feet of Lot 9,
and the northerly three (3) feet of Lot 10, according to
the plat thereof as recorded in Plat Book 6, Page 17 of
the Public Records of Indian River County, Florida.
Tax Parcel No. 17-32-39-00002-0020-00009.0
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock , seconded by Commissioner Rim , and
adopted on the 12 day of May , 1992, by the following vote:
Commissioner Carolyn K. Eggert AMP
Commissioner Richard N. Bird A i,-
Commissioner
pCommissioner Gary C. Wheeler Aj_
Commissioner Margaret C. Bowman Ayp
Commissioner Don C. Scurlock, Jr.— Aye
v
The Chairman thereupon declared the resolution duly passed and
adopted this 12 , day of
May
, 1992.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By
Carol K. •Eg
hairman.
M. Final Plat Approval for Copeland's Landing Phase II
The Board reviewed memo from Current Development Staff Planner
John McCoy dated April 29, 1992:
20
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
jg
Obert M. Rea ing ICP
Community Development Director
14
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCo0,Cur
Staff PlannerentDevelopment
DATE: April 29, 1992
SUBJECT: Final Plat Approval for the Copelands Landing Phase II
SD -87-05-06
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 12, 1992.
DESCRIPTION AND CONDITIONS:
The Copeland' s Landing Phase II Subdivision is a proposed 29 lot
residential subdivision of a 14.98 acre parcel of land located
immediately north of 73rd Street between Copelands Landing Phase Z
and the mosquito impoundment adjacent to the Indian River Lagoon.
The subject property is zoned RS -3, Single Family Residential (up
to 3 units per acre) and has an L-1 Low Density Residential (up to
3 units per acre) land use designation. The proposed density for
Phase II is 1.93 units per acre.
On May 26, 19881 the Planning and Zoning Commission granted
preliminary plat approval for Copelands Landing Phase II. the
developer, Copelands Landing, Inc., has obtained a Land Development
Permit for the subdivision and is now requesting final plat
approval for the subdivision.
The applicant has submitted the following:
1. A plat in substantial conformance with the originally approved
preliminary plat;
2. An Engineer's Certified Estimate to CompleteConstruction of
the Required Subdivision Improvements;
3. A Contract for Construction of Required Subdivision
Improvements; and
4. A security agreement, acceptable to the County Attorney's
Office, to guarantee the submitted Contract for Construction.
ANALYSIS:
The required subdivision improvements have not been completed by
the developer; however, the developer has obtained a Land
Development Permit for construction of the subdivision. Th
developer wishes to proceed with recording the subdivision plat ande
Proposes to "bond out" for construction of the required subdivision
improvements pursuant to the provisions of LDR SA-0tion 913. le.
de-Q+G�L has submitted a Contract for Construction of Required
Subdivision. Improvements and has posted suitable security, approved
by the County Attorney's Office; -to guarantee the Contract. With
these documents, the developer has complied with the appropriate
requirements to obtain final plat approval.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
Plat approval for the Copeland's Landing Phase II Subdivision,
authorize the Chairman to execute the Contract for Construction,
and accept the posted security to guarantee the Contract for
Construction.
21
MAY J.2 1992 QooK 96 reCKIIl�
F AY 12 1992
sooK $64.s�
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously granted
final plat approval for the Copeland's Landing Phase
II Subdivision, authorized the Chairman to execute
the Contract for Construction and accepted the
posted security to guarantee the Contract for
Construction, as recommended by staff.
ORIGINAL CONTRACT FOR CONSTRUCTION OF REQUIREMENTS IS
ON FILE IN THE OFFICE OF MANAGEMENT AND BUDGET
PUBLIC DISCUSSION
FRED MENSING REQUEST TO SPEAK REGARDING VARIOUS MATTERS
Fred Mensing, 7580 129th Street, Roseland, came before the
Board to discuss several items. He thought certain actions of the
County Attorney called for disciplinary action and felt the County
Attorney's staff should be replaced by outside counsel to deal with
any matters concerning the subject issues.
Mr. Mensing was not sure if he should address the Board as
"Commissioners" or "Commissars" and accused county employees of
violating Florida Statute 810.12, which he called the trespass
statute. He explained that a code enforcement officer trespassed
330 feet onto his property, and he presented to the Board
photographs showing the location of a "posted, no trespassing" sign
in relation to a stop sign and his driveway. He stated that the
code enforcement officer was sent to his property based on an
anonymous complaint. He further accused the code enforcement
officer of citing code violations on his property and ignoring
violations at other locations which are visible from the road on
the way to his property. He described recreation vehicles (RVs)
which are illegally hooked up to the water, sewer and electricity
of some residences simply because it is more convenient for their
visitors to stay in the RVs, or just to allow kids to camp out on
Friday or Saturday night.
Mr. Mensing felt the citations of code violations on his
property were the result of an anonymous complaint to Code
Enforcement and he was sure that anonymous complaint was made by
the mother of Justin Gay after an incident involving Justin Gay and
Mr. Carl Julian and a Sheriff's deputy.
Chairman Eggert cautioned Mr. Mensing to present only what the
Board needs to hear.
22
Mr. Mensing accused the County of acting capriciously by
singling him out while ignoring road -visible violations. He
mentioned that he has had conflicts with Community Development
Director Bob Keating and suggested that Mr. Keating ought to
terminate his employment with the County. Mr. Mensing said he has
taken the time to drive around the County and has four legal pads
of road -visible violations involving unpermitted mobile homes and
illegal storage of semis and junk vehicles. He wanted the County
to address these issues and suggested the solution might be that
complainers give their name and address so that code enforcement
officers can go out and first check the complainer's property for
violations before they act on anonymous complaints. He thought the
only anonymous complaints that should be investigated are
violations that affect the public safety and public health. If
there is no health or safety violation, anonymous complaints should
not be investigated.
Mr. Mensing revealed that he is considering litigation with
the County to establish the rights of citizens regarding the type
of tactics that are presently being used by the County. He further
stated that he understood the Board could direct County
Administrator Jim Chandler to cause changes to take effect in short
order.
Chairman Eggert asked if his contention is that Code
Enforcement came onto his property even though it was posted and
without notification that they were coming and without permission,
and Mr. Mensing confirmed that was his contention.
County Administrator Jim Chandler explained the sequence of
events. After an anonymous call was received about Mr. Mensing's
property, Code Enforcement made an inspection and found various
violations. Notice of violation was sent to Mr. Mensing and a
hearing is scheduled for May 18 before the Code Enforcement Board.
Regarding Mr. Mensing's accusation of trespass, our Code
Enforcement Officer steadfastly maintains she did not see a "no
trespassing" sign at the time the inspection was made.
Commissioner Wheeler asked if Mr. Mensing saw the Code
Enforcement Officer on his property, and Mr. Mensing stated that he
did not see her but received that information through secondhand
sources. He also received the letter from the County indicating
that Code Enforcement Officer'Betty Davis was the person who made
the inspection.
Commissioner Wheeler asked what violations were noted, and
County Administrator Chandler replied that it involved a mobile
home, an RV and a commercial vehicle, along with other debris on
the property.
23
lyt' 2,booK
F,
2 1997 BOOK. ��f'A.GE
Chairman Eggert asked if there is any difference in the way
staff handles an anonymous complaint, and County Administrator
Chandler advised that our policy is to respond to all complaints
and make a determination whether a violation exists. -An anonymous
complaint generally would not receive high priority unless it
involved public health or safety.
Commissioner Scurlock realized that in a county of our size
there are many code violations and it would be absolutely
impossible to investigate all of them with only two or three code
enforcement officers. This puts the County in a situation where we
may be accused of selective enforcement. There may be 30 violators
in a given area but because a neighbor does not like the guy next
door, he will report just that one. Commissioner Scurlock had no
doubt that this problem exists and feels the County's goal should
be to streamline the process so that it is more uniform. He felt
that anonymous complaints deserve no attention, because if somebody
is not willing to give their name, it does not deserve the same
merit as somebody who is willing to come forth and testify. He
understood Mr. Mensing is upset by the trespass but that the issue
of being singled out is his bigger concern. A major problem is
that code enforcement becomes involved in neighborhood disputes and
Commissioner Scurlock could not see a solution to that problem.
Chairman Eggert questioned whether code violation citings
would be legal when the code enforcement officer trespassed upon
the property.
County Attorney Charles Vitunac advised that the County's
position is to deal with Mr. Mensing only in writing because we
cannot trust what he says. Mr. Mensing states one thing, our code
enforcement officer says another. The legal department has advised
that when a code enforcement officer sees a "no trespassing" sign,
they need more permission to go on the property. If there is a
dispute, Mr. Mensing can plead his case before the Code Enforcement
Board, and if he is not happy with their decision, he can proceed
to the court system. Mr. Mensing has a long history of violations
and he has not denied the subject violations; he is objecting to a
procedural matter which should be addressed by the Code Enforcement
Board.
County Attorney Vitunac felt it is essential to the operation
of the code enforcement department to act on anonymous complaints.
There are some situations where if a name is recorded, there could
be retaliation by harassment or phone calls during the night or
other unpleasant consequences. We do not need the name of the
caller because we do not use their testimony to prove a case. The
code inspector will investigate and when a violation. is brought to
24
M M
the Code Enforcement Board, that code inspector will give evidence
in the name of the County.
Discussion ensued regarding selective enforcement.
Environmental Planning Chief Roland DeBlois related the
procedures the County follows. The code enforcement log reveals
that the County receives over 1,000 complaints on a yearly basis,
which is enough to keep the code officers busy. However, a code
officer is designated for what is called geographical enforcement
where the officer will go through and view a subdivision, and if
there is a violation, it will be cited.
Commissioner Scurlock asked if that same code officer would
note other violations on the way to a particular complaint, and
Environmental Planning Chief DeBlois assured him that a note would
be made of other violations, even though action may not be taken
immediately. He pointed out that in addition to Mr. Mensing's
notice of violationf there were 7 other similar notices sent in
Roseland and 14 sites on his particular street have been contacted
informally. Mr. DeBlois explained that initial contact with
violators is informal and on staff level. If the situation cannot
be resolved at staff level, then it is sent to the Code Enforcement
Board for determination. If they determine a violation does exist,
they set a time frame for compliance. Mr. Mensing's notice is the
beginning of the process. He sees the initial notice of violation
as something he should not get, but it is the first step and gives
him an opportunity to resolve it without going any further.
Mr. DeBlois confirmed that the policy is the code officer does
not trespass on posted lands. In the subject case, the code
officer indicated that she did not see any posted sign.
Chairman Eggert led discussion about procedure in the case of
public health or safety violations on posted lands, and Mr. DeBlois
responded that it would be observed from off site. In most cases,
the code officer will go to the door and ask to talk to the owner.
If the situation becomes more complicated, the County Attorney is
consulted.
Discussion ensued regarding habitual code violators and Mr.
Mensing's past violations. Mr. Mensing would not admit or deny
being in violation, and he stated that issue would be addressed in
another forum. He was before the Board to object to anonymous
complaints.
Commissioner Scurlock summarized that staff's position is that
anonymous complaints must be answered, and when there are multiple
or habitual violations, it is done more formally.
County Administrator Chandler confirmed we do respond to
anonymous complaints because we have an obligation to determine if
25
MAY 12 1992
���� �t19 Fr uT• �: a,�
r
�`� � .1 Z� 1992
BOOK S' 46 F'A.uf 4 92c
there is a violation, and Commissioner Bird thought that we need to
take that position. He gave the example of a situation where an
elderly lady lived in a neighborhood where there were code
violations that made it deplorable, and she was fearful for her
life to have her name associated with a complaint. This lady
approached him and he followed through, and after a lot of time and
effort the whole neighborhood was cleaned up.
Discussion continued regarding procedures used in following up
complaints and whether inspectors note additional violations on the
way to a specific site. Environmental Planning Chief DeBlois and
County Administrator Chandler assured the Board that the code
enforcement officers make note of violations and follow up on them,
although it may be a week or a month later, depending on
circumstances.
Chairman Eggert and Commissioner Wheeler led discussion
regarding neighborhood squabbles and violators getting upset when
they are reported.
Environmental Planning Chief DeBlois stated that staff deals
with both sides of it. The complaints are followed up and
sometimes there is no violation, and then the complainer becomes
upset.
Commissioner Scurlock summarized that in his understanding of
procedures, Mr. Mensing was not singled out but was notified
formally of a violation because he has had prior offenses.
Mr. Mensing disagreed with that point and related his
discussions with Code Enforcement Officer Davis in which she
indicated she was not doing anything about other violations. He
opposed the County's policy of allowing anonymous complaints unless
that complaint*is followed up by an inspection of all surrounding
properties as well. He stated that he had no problem with
Commissioner Bird's example of the little lady where the whole
neighborhood was cleaned up.
Commissioner Wheeler asked what specific action Mr. Mensing
was requesting from the Board, and Mr. Mensing wanted a policy
where an anonymous complaint would be followed by a sweep of the
entire area.
Mr. DeBlois and Mr. Chandler explained that it is done as much
as possible and when it does not interfere with the number of
inspections in a given area.
The Board members agreed we cannot be specific as to the size
of the area that should be included, but it is a good policy to
include all violations that exist within a reasonable portion of
the surrounding area.
26
In answer to the Board's questions, Mr. DeBlois advised that
the volume of complaints is variable but fairly consistent and he
could not say what percentage comes in at any particular time of
year. He estimated that 50 to 70 percent of citations are
complaint -based.
Discussion continued regarding the various types of
violations, methods of addressing complaints, and the need to
protect against complaints that are based on grudges or revenge.
Chairman Eggert urged the Code Enforcement personnel to make
a note of violations that are observed so that documentation is
made, even if they cannot be handled right then. This would avoid
the appearance of selectiveness.
Commissioner Bowman led discussion regarding posted property,
and all Board members agreed that it is important to protect the
safety and health of the public by investigating complaints even
though the property may be posted.
Mr. Mensing promised to follow through in his efforts to
improve the methods used by the code enforcement officers to
protect the rights of citizens.
ANIMAL CONTROL LICENSING
The Board reviewed memo from Emergency Services Director Doug
Wright dated May 5, 1992:
TO: Board of CounntV Commissioners
FROM: Doug Wrigh , Director of Emergency Management Services
DATE: May 5, 1992
SUBJECT: ANIMAL CONTROL LICENSING
Currently the yearly licensing fee for unsterilized dogs and cats is
$40.00 a year. This is financially burdensome to many pet owners and
results in some persons ignoring the licensing requirements. A
reduction of the yearly requirement to $10.00 should reduce the
burden and result in better licensing compliance. The attached
proposed resolution has been prepared with this reduction in licensing
fee.
As a separate matter, the actual -licensing of dogs and cats can best be
accomplished by local veterinarians and the local humane society. A
draft contract which would authorize the issuance of licenses by these
entities has been prepared. A dollar of each license fee received would
be retained by the issuing agent.
27
MAY 12 199 ' � � 3
BOOK U��%E ��
Recommendation:
1. Adopt the attached resolution which lowers the license fee from
$40.00 to $10.00.
2. Approve the contract form..
3. Authorize the Director of Emergency Management Services to
execute said contracts on behalf of the County.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Scurlock, to adopt Resolution 92-74
amending the fees, penalties and procedures related
to the enforcement of the animal control ordinance,
approved the contract form, and authorized the
Director of Emergency Management Services to execute
said contracts on behalf of the County, as
recommended by staff.
Under discussion, Commissioner Bird thought the resolution is
sensible because he felt the $40 fee was too high.
Chairman Eggert asked, and Director Wright confirmed that the
licensing of dogs and cats through local veterinarians and the
local humane society is a new procedure.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
RESOLUTION 92-7g
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING THE FEES,
PENALTIES AND PROCEDURES RELATED TO THE
ENFORCEMENT OF THE ANIMAL CONTROL
ORDINANCE.
WHEREAS, in Resolution 91-184 the Board of County
Commissioners established certain fees, penalties and procedures
related to the enforcement of the Animal Control Ordinance, and
WHEREAS, the fee of $40.00 for the yearly licensing of
unsterilized dogs and cats is financially burdensome to many owners;
and
WHEREAS, a reduction to $10.00 will mitigate this burden and
result in more effective licensing procedures.
28
M M
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. The fees,
penalties and procedures established in Resolution
91-184 are hereby superseded by this Resolution.
2. The fees,
penalties and procedures are revised as follows:
a. Licensing Fees
1.
Female or male, dog or cat, initial or renewal
license, not sterilized -- $10.00 per year.
2.
Female or male, dog or cat, initial or reiiewal,
sterilized -- $5.00 per year.
3.
Half price to be assessed for issuance of any
initial license after April 30th of a licensing year.
4.
All renewals shall be at full price per category.
5.
Additional late charge for licensing after date
required by law -- $5.00.
6.
Fee for issuance of duplicate license tag -- $3.00
7.
There is no fee required for an animal license for
the year in which the animal is sterilized.
8.
There is no license fee required for police dogs
( sheriff and municipal police departments) , sight
assisting dogs and hearing assistance dogs;
however, said dogs are required to be licensed.
9. All licensing fees are be paid to the Department
of Emergency Services, Animal Control Division of
Indian River County, Florida.
b. Impoundment Fees
$5.00 per diem or part thereof for all animals.
C. Redemption Penalties in addition to Impoundment Fees
1. $ 30.00 for the first offense (of an owner) .
2. $ 60.00 for a second offense.
3. $100.00 for any third or subsequent offense.
29
MAY 12 I-Sji
MA 12 11,992 HC
d. Impoundment fees and redemption penalties shall be paid
during business hours at the Office of the -Clerk of
the Circuit Court, Indian River County Courthouse,
2145 14th Avenue, Vero Beach, Florida. Impoundment
and redemption penalties shall be pa4d during
non -business hours at a location to be designated by
the Animal Control Director.
e. An owner shall pay all actual expenses or fees
incurred for which the County has obligated itself for
additional care for quarantine or veterinary services
as an impoundment fee, at time of redemption of the
animal.
f. Rabies vaccination prepayment fee for redemption shall
be $15.00 per animal.
g. Civil Penalities for violation of the Code:
( See attached Exhibit "All)
h. All fees, penalties, charges and expenses shall be paid
prior to release of an animal from an impoundment
facility.
The resolution was moved for adoption by Commissioner
B i rd and the motion was seconded by Commissioner
S r- u r 1 n r k and, upon 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 A y e
The Chairman thereupon declared the resolution duly passed
and adopted this 12 day of May , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Carolyn., . Eggert,
Chairm
30
F7
31
MAY 1 2 1992
2ND
ATTACHMENT "A" TO RESOLUTION 92- 74
CIVIL
PENALTIES FOR VIOLATION OF THE CODE:
CODE SECTION DESCRIPTION OF VIOLATION
1ST
302.03
Failure to vaccinate,
$50
$100
license, collar or harness
$25
302.05(1)
Failure to keep animal
under restraint
$25
302.05(2)
Animal creating nuisance
$10
302.05(3)
Failure to confine female
dog or cat In heat
$25
302.05(4)
Failure to confine or
restrain vicious animal
$100
302.06(5)
Failure to provide
adequate care to animal
$25
302.05(6)
Exposing poisonous substance
In common area or property
of another
$100
302.05(7)
Failure to notify owner or
authority of injury to animal
$25
302.05(8)
Teasing or molesting an animal
$25
302.05(9)
Failure to properly
secure or restrain animal
In unenclosed portion of
motor vehicle
•$25
302.06(3)
Violation of provision
of Chapter 828, F.S.
$50
302.09(3)
Failure to comply wIth
vicious dog licensing and
maintenance requirements
$100
302.10
'Livestock running at large
$20
302.10
Keeping wild animal In
violation of F.S. 372
$50
302.14
Interference with animal
control authority
$50
31
MAY 1 2 1992
2ND
3RD
$100
$200
$50
$75
$25
$75
$50
$100
$200
$300
$50
$100
$200
$300
$50
$75
$50
,x$75
$100 $200
$100 $200
$200
$300
$SO
$75
$100
$200
$100
$200
mAy 12 19goo k 4,` 715
BUDGET AMENDMENT FROM HUMANE SOCIETY
The Board reviewed memo from OMB Director Joe Baird dated May
6, 1992:
TO: Board of County Commissioners DATE: - May 6, 1992 FILE: -
SUBJECT: Budget Amendment
From Humane Society
FROM:Joseph A. Baird„ Dir. REFERENCES:
Office of Mgmt. S Budgt.
On May 7, 1991 the Board of County Commissioners approved funding for the
Humane Society in the amount of $49,490 for the capital costs affiliated with
mandatory sewer hook-up. The estimated cost was as follows:
.$17,690 Impact Fees
23,300 Force Main, Sewer Line, and Lift
Station Modifications
81500 Well for Non -Potable Water
$49,490
The Humane Society has received bids for the Force Main, Sewer Line and Lift
Stations Modifications which exceed the $23,300 by $8,345.11 (low bid
$31,645.11).
Additional funding for the short -fall is being requested by the Humane Society
from the Board of County Commissioners.
Recommendation
If the Board of County Commissioners do approve, the funding in the amount of
$8,345.11 will be from General Fund Contingencies.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
additional funding in the amount of $8,345.11 to
cover the shortfall in the estimated funding for the
Humane Society mandatory sewer hook-up, as
recommended by staff.
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
NUMBER: 034
FROM: Joseph A. Baird DATE: June 15, 1992
OMB Director % -
32
� - s
ADMINISTRATIVE POLICY MANUAL
The Board reviewed memo from Personnel Director Jack Price
dated May 1, 1992:
To: James Chandler, Date: May 1, 1992
County Administrator
From: Jack Price rsonnel Sub: Administrative
.Policy Manual
------------ ---------------------------------------
Attached is the Administrative Policy Manual unit "HIRING", pages
1, 2, 3 and 4, which revises the unit dated 4-10-90 in the
Personnel Section of the manual. Pages 5, 6, 7 and 8 are forms
only.
This revision. affects items 6. �., 6. Q,_, 6. Z.', and 6. F The
changes are designed to align County hiring practices with the
requirements of the Americans With Disabilities Act. That portion
of the law affecting the hiring process is effective in July, 1992.
This policy revision has been reviewed by your staff, the Executive
Aide to the Board of County Commissioners and the County Attorney.
Their suggestions have been incorporated.
Thanks for your assistance.
Chairman Eggert asked for clarification of how these changes
align County hiring practices with the Americans With Disabilities
Act because there was no mention of disabilities in the memo.
Director Price explained that we are encouraged by the Act to
make employment decisions preliminarily on the basis of factors
that deliberately exclude disability factors. In evaluating
candidates we remove questions regarding workers' compensation
injuries and about physical or mental disabilities from the
preliminary set of factors and make a candidate selection based
upon qualifications only. If a preliminary offer is accepted by
the candidate, then we look at physical and mental disability.
Chairman Eggert asked if the blood pressure levels have always
been incorporated in our policy.
Director Price explained that the figures are used as a
general guide and if a pressure exceeds the target figures, we
would ask for medical certification that the candidate is in good
physical condition.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the revisions to the Administrative Policy Manual as
recommended by staff.
33
L- MAY 12 1992-
Y 12 i4KP
s� T
BOOK f'H �F MP3
SOUTH COUNTY REGIONAL PARK - CHANGE ORDER NUMBER 3
The Board reviewed memo from County Engineer Roger Cain dated
May 5, 1992:
TO: James .Chandler -
County Administrator
TEROUGH: James W. Davis, P.E.-
Public-Works
.E.-Public Works Director
FROM: Roger D. Cain, P.E.
County Engineer
BUWECT: South County Regional ional Pfrk
IRC Project No. 8716
Change Order No. 3
DATE: May 51 1992
DESCRIPTION AND CONDITIONS
Interest has been expressed in having the new baseball fields at
the South County Regional Park sodded with Bermuda grass 'rather
than the use of Bahia sod, or grassing as proposed, due to the
field conditions and the quickness of establishing the turf. We
have obtained a quote from the contractor for this additional work,
the amount for sodding the fields and the surrounding areas is
$23,984.43. Our investigation indicates that this is a reasonable
amount. We have had Mr. Scott Campbell at the Sandridge Golf
Course investigate this as well and he concurs that this amount is
reasonable.
The budgeted funds available for the South County Regional Park
Contract with Hunley-Hubbard are:
From Original Agenda Item:
Original Contract with Hunley-Hubbard $663,125.46
Playground Change Order 39,877.00
5% Contingencies 37,600.00
Budgeted funds available for $740,602.46
Hunley-Hubbard
Current Contract with Hunley-Hubbard
Including Change Order No. 2 $693,619.77
Incorporating Playground Change Order
Change Order No. 3 with Hunley-Hubbard 23.984.43
Budgeted funds committed to date to $717,604.20
Hunley-Hubbard Contract if Change Order
No. 3 is approved
Budgeted Contractual funds Available for
South County Regional Park $ 13,615.57
34
Other Contractual and In Rind funds Budgeted
Paving $19,741.70
Grading (Labor & Equipment) 20.000.00
Total $398741.70
County Expenses to date $12,701.19
Rental & Landfill Fees Paid 57,085.67
Total $69,786.81
Projected Costs:
Contract Amount Including Change Order No. 2
$693,619.77
In Rind work
budgeted
$
39,791.70
Expenses and
work incurred
$
69,786.81
Contingencies committed Change Order
No. 3 5 23.984.43
Current Project Cost $827,182.71
Budgeted Project Cost $850,130.91
Projected Under -Run $ 22,948.26
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Approve Change Order No. 3 in the amount of
$23,984.43.
Alternative No. 2 - Do not approve Change Order No. 3.
Staff recommends Alternative No. 1 due to the improvement in the
fields and the less time it will take to establish a turf that the
Board approve Change Order No. 3, with funding coming from Account
No. 001-210-572-066.51, for the South County Regional Park.
County Administrator Jim Chandler clarified that after the
additional expense of $23,984.43 we have an uncommitted balance of
$22,948.26.
Commissioner Bird explained that this is a change from Bermuda
grass to Bahia sod, which is smoother to play on and a more durable
playing surface.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
Change Order No. 3 to the South County Regional Park
Project in the amount of $23,984.43, as recommended
by staff.
CHANGE ORDER NO. 3
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
35
MV 12 1992
,qOQK 6'6Fret t �,
Ll J
F_
9� nY BOOK 'fi g F;,U ° �
CONSULTANT SELECTION FOR REPLACEMENT OF 43RD AVENUE BRIDGE OVER THE
INDIAN RIVER FARMS MAIN RELIEF CANAL
The Board reviewed memo from County Engineer Roger Cain dated
May 5, 1992:
TO: James Chandler
County -Administrator
TBROUGM:
FROM:
SUBJECT:
DATE:
James W. Davis, P.E.
Public Works Director
Roger D. Cain, P.E.
County Engineer
Consultant
Bridge over
LOI #92-82
May 5, 1992
WE
Selection for Replacement
the Indian River Farms Main
IRC Project No. 8940
DESCRIPTION AND CONDITIONS
of 43rd Avenue
Relief Canal
In order to select a consultant to do the design work to replace
the 43rd Avenue Bridge over the Main Relief Canal, advertisements
were placed to request Letters of Interest from consulting firms
for this project. Letters of Interest were received from five (5)
firms and four (4) firms were selected from these five (5) for
interviews. Interviews were conducted on April 30, 1992 by the
selection committee of James W. Davis, Randy Dowling, and Roger D.
Cain. As a result of those interviews the following -.ranking of
firma for this work was made:
1. Williams, Hatfield & Stoner, Inc./Ca`rter Associates, Inc.
2• Marshall McCully & Associates/HNTB
3. Rimley-Horn & Associates
4. Dyer, Riddle, Mills & Precourt, Inc.
5• Gee & Jenson
The rankings reflect the committee's rating of the technical
competence, ability to produce plans and specifications on time,
experience in this field, and abilities of personnel to be assigned
to this project.
According to the Consultant Competitive Negotiations Act the staff
recommends that negotiations proceed with the top ranked firm in
order to reach agreement as to the work and fee for this project.
If the negotiations are not successful with the top ranked firm,
staff will recommend to the Board that negotiations be commenced
with the next highest rated firm to achieve an agreement, and so on
down the line until an agreement is reached with one of the firms.
Once negotiations are terminated with one of the firms, they will
not be re -opened. Staff is very desirous of achieving a timely
agreement and requests the Board's permission to begin
negotiations.
36
��
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Begin negotiations with the top ranked firm of
Williams, Hatfield & Stoner, Inc./Carter Associates, Inc.
Alternative No. 2 - Begin negotiations with another firm on the
list at the Boards direction.
Staff recommends Alternate No. 1, with the provisions that if an
agreement is not reached in a timely fashion, that negotiations be
terminated and staff will begin negotiations with the next highest
ranked firm, and so on down the list until an agreement is reached.
Funding shall be from Account No. 111-214-541-066.31.
Commissioner Scurlock noted that the first and second listed
firms are joint ventures and cautioned staff that in negotiating a
contract, responsibilities should be delineated so that if there is
a problem we know who is responsible.
County Engineer Cain advised that our standard contracts
delineate through a scope of work what is to be done on a given
project and with a joint venture we specifically say which firm is
responsible for what.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wheeler, to authorize staff to begin
negotiations with the top ranked firm and if
agreement is not reached in a timely fashion, to
begin negotiations with the next highest ranked
firm, as set out in staff's recommendation.
Discussion ensued regarding the bridge and what repairs have
been done to it.
Commissioner Scurlock asked, and Public Works Director Jim
Davis confirmed that this bridge spans Indian River Farms' canal.
Carter and Associates, Inc., is the consultant for Indian River
Farms Water Control District and the firm is knowledgeable about
the hydraulics of the channel, so we hope to save some money by not
having to model the hydraulics -of the water coming through that
channel.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
37
BOOK
MAY 1 1992 F�,,r`
I
MAY
i 1997
BOOK�
, _�
� F'�.i,E 4'i1
6TH AVENUE
IMPROVEMENTS AT 20TH PLACE TWIN PAIRS PROJECT
- BUDGET
AMENDMENT 027
The Board reviewed memo from County Engineer Roger Cain dated
April 29, 1992:
TO: James Chandler
County Administrator
THROUGH: 'James W. Davis, P.E.
4v/
Public Works Director
FROM: Roger D. Cain, P.E. ~�
County Engineer `
SUBJECT: 6th Avenue Improvements at 20th Place
Twin Pairs Project - BUDGET AMENDMENT 027
DATE: April 29, 1992
DESCRIPTION AND CONDI TONS
In conjunction with the Twin Pairs Project in Vero Beach, the
County needs to'widen the intersection at 6th Avenue and 20th Place
to include left turn lanes for this intersection for signalized
operation. The County Engineering Division has prepared plans and
specifications for this intersection improvement and has obtained
a quote from Ranger Construction Industries, Inc., the contractor
for the Florida Department of Transportation, Twin Pairs Project.
We are requesting that the county execute a construction contract
with Ranger Construction Industries, Inc. for this work and that
the Board of County Commissioners dispense with the bid process for
this project as the Florida Department of Transportation, through
its own bidding process, has selected Ranger Construction
Industries, Inc., and because the county staff has reviewed the
quoted unit prices and is convinced that the prices are reasonable.
for the work performed. The total for the work is $50,411.40,
which includes grading, paving, and drainage improvements. Our
discussions with the County Attorney's office indicates that this
procedure would be appropriate and would definitely save
considerable time and cost to the county in preparing and
advertising bids for this particular project. Also, by doing
this, it will eliminate the administrative problems and possible
contractual disagreements of having two contractors working in the
same area at the same time.
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Approve the execution of a construction
contract with Ranger Construction Industries, Inc. at the unit
prices quoted.
Alternative No. 2 - Deny the request to enter into a contract with
Ranger Construction Industries, Inc.
RECOMMENDATION AND F—MING
Staff recommends Alternative No. 1. Funding to come from Secondary
Road Construction Fund No. 109.
38
TO:
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously approved
the execution of a construction contract with Ranger
Construction Industries, Inc., at the unit prices
quoted, as recommended by staff, and approved Budget
Amendment 027:
Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
SER: 027
FROM: Joseph A. Bair DATE: _May 5. 1992
OMB Director
Entry NUmber!
Funds t Name A AccountNumb
L -Increase �
Decrease
_1. !EXPENSE !
'SECONDARY ROAD CONSTRUCTION
FLORIDACRES WATER MAIN. BID NO. 92-87
The Board reviewed memo from Utility Services Director Terry
Pinto dated April 23, 1992:
DATE: APRIL 23, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI VICES
PREPARED ROBERT 0. WISEMEN, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER ftW
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: FLORIDACRES WATER MAIN
BID NO. 92-87
INDIAN RIVER COUNTY PROJECT NO. UW -91 -04 -DS
BACKGROUND AND ANALYSIS
On April 7, 1992, the Board of County Commissioners approved the
award of bid on'the above-named project to Timothy Rose of Vero
Beach, Florida in the amount of $13,913.40 (see attached Agenda
Item). Attached are four copies, ready for execution, of the
Standard Form of Agreement Between Owner and Contractor based on a
stipulated price.
RECOMMENDATION
.Staff of the Department of Utility Services recommends that the
subject:agreement be approved and authorized by the chairman of the
Board of County.Commissioners.
39
BOOK F' 4 �� �,
F,
i
Bou 86 i-A.UE 443
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously approved
and authorized the Chairman to execute the agreement
with Timothy Rose Enterprises for Indian -River
County Project No. UW -9k -04 -DS, as recommended by
staff.
SAID AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
82ND AVENUE, OSLO ROAD AND 72ND AVENUE SEWER FORCE MAIN FINAL PAY
REQUEST AND CHANGE ORDER NO. 1
The Board reviewed memo from Utility Services Director Terry
Pinto dated April 28, 1992:
DATE: APRIL 28, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIJ CES
PREPARED WILLIAM MCCAIN
AND STAFFED CAPIT CTS ENGINEER
BY: DEPAR OF UTILITY SERVICES
SUBJECT: 82ND A , OSLO ROAD AND 72ND AVENUE SEWER FORCE MAIN
FINAL PAY REQUEST AND CHANGE ORDER NO. 1
IRC PROJECT NO. US -90 -15 -CS
BACKGROUND
In July 1991, the Indian River County Board of County Commissioners
approved a contract for the -aforementioned project with Owl and
Associates, Inc., in the amount of $86,835.00. The majority of the
contract was completed in October 1991; however, due to the inability
to connect the main to the plant at that time and the possible need for
additional taps for additional development, we had delayed final
testing of the line until March 1992. We are just now finalizing the
project. Final testing is complete. As-builts have been reviewed, and
we are ready to make final payment to the contractor.
ANALYSIS
The original construction cost was $86,835.00. As a result of the
final quantity adjustment (see Change Order No. 1), the contract amount
was reduced by $14,254.00. The total final cost is $72,581.00, which
equates to a 16.4% decrease in project cost.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve both the change order and the
final contractor's pay request.
40
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order #1 and Owl and Associates, Inc.'s final
pay request, as recommended by staff.
CHANGE ORDER AND FINAL PAY REQUEST
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
U.S.1 NORTHBOUND LEFT -TURN LANE AT 99TH STREET (VICKERS ROAD)
The Board reviewed memo from County Attorney Charles Vitunac
dated May 6, 1992:
TO: The Board of County Commissioners
FROM: t O(- William G. Collins II - Deputy County Attorney
DATE: May 6, 1992
SUBJECT: U.S. 1 Northbound Left -Turn Lane at 99th Street (Vickers
Road)
This agenda item relates to the request for a refund of funds escrowed by
Karl Hedin as fairshare contribution toward the construction of a left -turn
lane at 99th Street and U. S. 1. A brief chronology follows.
1. A development was approved north of 99th Street west of U. S. 1
several years ago for John Bernard Roberts. The installation of a
northbound left -turn lane on U. S. 1 was a condition of approval, to be
met before C. 0. Mr. Roberts went bankrupt before completing the
project and a Certificate of Occupancy was never issued.
2. A special exception approval was granted on August 15, 1989 for
Keith's Oil Can and mini warehouse/self-storage facility at the southwest
corner of U.S. 1 and 99th Street. As a condition of* this special
exception approval, Mr. Hedin was to escrow his fairshare_ of the cost
of constructing a left -turn lane on U.S. 1 northbound at 99th Street.
3. Prior to a C.O. being issued for Keith's Oil Can, $3,000 was delivered
Into escrow for the left -turn lane under cover letter from Michael
O'Haire which set out the terms of the escrow agreement. Under the
agreement the money would be refunded to Mr. Hedin if a left -turn lane
was not constructed within five years or, if the left -turn lane was
constructed by the State Department of Transportation. The funds
were available to Indian River County should it construct the left -turn
lane in the next five years.
4. Since that time I have received 13 letters from Mr. Hedin, asserting
that the condition of escrow was a mistake (for a variety of reasons)
and demanding its return. I have consistently told Mr. Hedin that I
had no authority to order funds released from escrow until the terms of
the escrow agreement were met.
5. Early in 1992 the "Ford" rezoning of the former Roberts property took
dace. At that time the Board of County Commissioners directed Public
Works Director Davis to proceed with the design of a left -turn lane at
the subject intersection.
41
' 19
00K
r
MAY 12 1992
Bou S'b f�i.vC 4,15
S. On April 219 1992 Mr. Davis was notified by the Florida Department of
Transportation that they have programmed the construction of the
northbound left -turn lane at this location with an expected completion
date of 1992. I have verified this with further phone calls to F . D . O . T .
and on April 28, 1992 received a confirmation letter.
ISSUE
Should the Board authorize the refund of Mr. Hedin's $3,000 with interest
from June 14, 1991.
ANALYSIS
Paragraph 2 of the June 14, 1991 escrow agreement states that "If, prior to
five years from date, a left -turn lane is constructed at the expense of the
State of Florida, Department of Transportation, then the escrowed funds,
together with all interest earned thereon, will be paid over to K.
D. Hedin."
We now have a firm commitment from D.O.T. that the left -turn lane will, be
constructed this year. Holding the escrowed funds for a longer period of
time would be warranted only if we felt that F. D . O. T . might not perform
their work program as they have recently set it out. Holding the escrowed
funds longer simply means that we are accruing interest for the benefit of
Mr. Hedin.
ALTERNATIVES
I. Retain the escrowed funds until the F. D . O. T . construction is
completed.
2. Authorize refund of the escrowed money at this time, based upon the
D . O. T .'s 1992 work program.
3. Release the escrowed funds to Mr. Hedin, based on any alternative
reasoning which he may present at the Board meeting on May 12, 1992.
RECOMMENDATION
I recommend Alternative No. 2.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommended Alternative. 2 and authorized
refund of the escrowed money at this time based upon
the DOT's 1992 work program.
PARKS AND RECREATION COMMITTEE REPORT
Commissioner Bird reported that Sebastian is considering
extension of one of the airport runways which would affect Donald
McDonald and Dale Winbrow Parks to the extent that tree height may
be restricted to 35 feet. The committee members and staff toured
that area and determined, based on correspondence from FAA and City
of Sebastian, that extension of that runway would not require any
clearing of trees.
42
Commissioner Bird stated that the committee had received a
request for a First Amendment park in Indian River County. The
same request had been sent to City of Vero Beach and City of
Sebastian and the committee decided to take no action on that
request.
Commissioner Bird advised that. he will confer with Sid Poe of
Southern Bell regarding the public phones in several parks. They
have *kemoved some public phones from the parks because of lack of
activity; they take in about $2.00 per month and need a minimun of
$3.50 per month. The committee agreed that it is necessary to have
phones available in the parks and will pursue that issue.
Roseland Property Owners Association requested a jogging trail
in Dale Wimbro"' ark, and Parks, Superintendent Rex Hailey and
Public Works Director Jim Davis agree it could be constructed with
maintenance funds.
Commis ioner Bowman led discuss 6n regarding the boat ramps at
these parks. She reported that at Dale Wimbrow Park boaters get
impatient waiting to launch their boats and launch them over the
grassy finger and other places. She suggested there is room south
of the existing ramp for another ramp. Commissioner Bowman
reported that one boater told her that the ramp at Donald McDonald
Park is silted over to a depth of 18 inches, making it very
difficult to launch a boat. Public Works Director Jim Davis
advised that our boating improvements fund is fairly encumbered
with other projects, but staff will include that item under next
year's budget if the Board so directs. Commissioner Wheeler
informed the Board that Department of Natural Resources (DNR) is
considering some dredging of the shoal area at the South Fork of
the Sebastian River and we should wait to see what they do before
we do anything about the boat ramps.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:20 o'clock A. M.
ATTEST:
J. K. Barton; Clerk Carol . Egge Chairman
43
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