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Home My WebLink About7/14/1992BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 14, 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. James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7 9 : 0_ A. M M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm, Margaret C. Bowman 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Added as Item 8 -- Approval of Precinct #47 Withrawal of Item 12r•Civil Service Protection for Sheriff's Employees. Post onement of Item 13-A-.1 Appppt:s. to Wheelerls Committees) S. PRgCLAMATION AND PRESEN fAT1OAS. Presentation of Proclamation 6. APPROVAL OF MINUTES A. Regular Meeting of 5/19/92 B. Regular Meeting of S/26/92 7. CONSENT AGENDA A. Occupational License Taxes Collected During Month of June (memorandum dated July 2, 1992) B. Final Payment Request, Main Library Parking Phase II. Cathco, Inc. (memorandum dated June 30, 1992 C. Additional R -O -W Purchases / 1st St. S.W. / Harold Brooks Parcel ( memorandum dated June 29, 1992 ) D. League of Cities ( memorandum dated July 6, 1992 ) E. Release of Utility Liens (memorandum dated July 7, 1992 J- I A 1992 9:05 a. m. 7. CONSENT AGENDA (cont'd.) : F. Request for Public Hearing Date: An Ordinance of I . R . C. , Fla., Amending Section 401.04, Fire Prevention Codes ( memorandum dated June 24, 1992 ) G. Easement for Courthouse Parking Lot Utilities ( memorandum dated June 25, 1992 ) H. Resolution Authorizing First Union Bank to Honor Certain County Employee Signatures ( memorandum dated July 8, 1992 ) I. IRC Bid #92-88 / Surplus Sale #3 ( memorandum dated July 6, 1992 ) J. I.R.C. Courthouse Project / Closed Circuit Video/ Voice Transmission System ( memorandum dated July 7, 1992 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. Paving 6 Drainage Improvements to 3rd Place between 32nd Ave. 6 35th Ave. in Emerson Park S/D (memorandum dated July 1, 1992) 2. Paving 6 Drainage Improvements to Seagrape Drive between CR510 6 Magnolia Lane in Oceanaire Heights S/D (memorandum dated July 1, 1992) 3. Paving 6 Drainage Improvements to 33rd Ave. SW between 13th St. SW 6 15th St. SW in Grovenor Estates S/D (memorandum dated July 1, 1992) 4. AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA PROVIDING FOR THE REPEAL OF CHAPTER 8, FIREARMS, OF THE CODE OF ORDINANCES OF INDIAN RIVER COUNTY AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT ( memorandum dated June 11, 1992 ) 5. AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA PROVIDING FOR THE REPEAL IN PART AND EDITORIAL TRANSFER IN PART OF CHAPTER 21, SPECIAL TAXES, DIS- TRICTS AND UNITS OF INDIAN RIVER COUNTY (1976 EDITION) TO CHAPTERS 208, 209 AND 210 OF THE NEW INDIAN RIVER COUNTY CODE ( memorandum dated June 23, 1992 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET Refinancing $9,855,000 Bond Issue ( memorandum dated July 8, 1992 ) F. PERSONNEL Administrative Policy Manual (memorandum dated July 7, 1992) G. PUBLIC WORKS Improvements to SR AIA - Traffic Impact Fee District 2 Funding (memorandum dated July 6, 1992) H. UTILITIES 1. Financial Responsibility Commitment Deep Injection Well ( memorandum dated July 1, 1992 ) 2. Closure of Sexton Developer's Agreement / Sexton Properties of Vero Beach, Inc. (memorandum dated July 1, 1992) 12. COUNTY ATTORNEY A. Disqualification of Schopke Construction Company As An Acceptable Bidder ( memorandum dated June 15, 1992 ) B. Request from Sheriff Dobeck for Authorization to Advertise an Ordinance Related to Civil Service Protection for Sheriff's Employees ( memorandum dated July 8, 1992 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT I. Wheeler Committees (memorandum dated July 8, 1992) !BOOK J U L 141992 I 13. COMMISSIONERS ITEMS (cont'd.)- 14. 15. BOOK M� ,�� i'�! FAvL jo f/ A. COMMISSIONER CAROLYN K ECCERT (cant'd.). 2. Clarification on Indian River Shores Land Swap ( memorandum dated July 1, 1992 ) B. VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER DON C. SCURLOCK, JR. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT Award of Bid 92-95 / Hazardous Waste Storage Bldg. ( memorandum dated July 6, 1992 ) 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 EASED. Tuesday, July 14, 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, July 14, 1992, at 9:00 o'clock A.M. Present were Carolyn R. Eggert, Chairman; Margaret C. Bowman, Vice Chairman; and Don C. Scurlock, Jr. Commissioner Richard N. Bird was in Tallahassee on County business and Commissioner Gary C. Wheeler resigned his office as of July 13, 1992. Also present were James E. Chandler, County Administrator; William G. Collins, II, Deputy County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition of an emergency item under Item 8 - Supervisor of Elections - approval of the creation of a new voting precinct, No. 47. Chairman Eggert announced the withdrawal of Item 12 - Request from Sheriff Dobeck for Authorization to Advertise an Ordinance Related to Civil Service Protection for Sheriff's Employees - as this item requires a special act or general law passed by the State Legislature. Chairman Eggert requested the postponement of Item 13-A-1 -- Wheeler committees - until a future meeting when four Board members are present. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Commissioner Bird being absent) added, withdrew and postponed the above items. BOOK 66 F'rltt � JUL 14 1992 I BOOK PA6E [UL 1 'iii:,992 PRESENTATION OF PROCLAMATION TO GARY C. WHEELER ON HIS RESIGNATION Chairman Eggert read aloud the following proclamation and presented it to former County Commissioner Gary C. Wheeler, who expressed his appreciation for the opportunity to serve as Commissioner for the last six years and thanked everyone for their cooperation during his term in office. He hoped to continue to serve the county in another way in the future. P R O C L A M A T I O N WHEREAS,.GARY C. WHEELER was elected to the Board of County Commissloners In November of 1986 and re-elected without opposition in November of 1990 by the citizens of Indian River County; and WHEREAS, during his tenure as County 'Commissioner he was elected by his, peers as Vice Chairman of the County Commission in 1988 and 1991 and as Chairman in 1989; and WHEREAS, GARY C. WHEELER has resigned his position as County Commissioner effective July 13, 1992 to qualify and run for election'as Sheriff of Indian River County; and WHEREAS, he has participated as a member of the County's Public Safety and Jail Oversight Committees, the County Jail Subcommittee, the 19th Judicial Circuit Conflict Committee, the Property Appraisal Adjustment Board, alternate on the Treasure Coast Regional Planning Council, and the Medical Examiner and Court Administrator Budget Committees; and WHEREAS; GARY C. WHEELER has served as Chairman of the Tourist Development Council, the Solid Waste Disposal District, Indian River County Correctional Planning Committee, the Marine Advisory Narrows Watershed Action Committee, the Beach Restoration and Preservation Committee, the North County "Fire District, the South County Fire District, the South County''Fi`re Advisory -Board, the Indian River County Courthouse Advisory Committee, the Indian River County Marine Advisory Committee and the Indian River County Lagoon Narrows Action Committee; among the accomplishments of his committees are Phase III of the County Jail, the plans for the new County Courthouse and the Manatee Protection Plan; and WHEREAS, he has further served the citizens of this community through the Board of United Way, Rotary and other clubs and organizations; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the efforts and dedication of GARY C. WHEELER on behalf of the Commission and his caring and devotion to the citizens of the County are greatly appreciated and have contributed to the betterment of Indian River County; BE IT FURTHER PROCLAIMED that our heartfelt wishes for his success in future endeavors go with him. Dated this 14th day of July. 1992. 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn Egger J,��a man APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of May 19, 1992 or May 26, 1992. There were none. ON MOTION by Commissioner Scurlock, SECONDED b y Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved the Minutes of the Regular Meetings of 5/19/92 and 5/26/92, as written. CONSENT AGENDA A. Occupational License Taxes Collected During Month of a7 ne The Board reviewed the following memo dated 7/2/92: TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: July 2, 1992 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $1,840.25 was collected in occupational license taxes during the month of June, representing the issuance of 142 licenses. Gene E. Morris, Tax Collector GEM: se 3 J U L 14 1992 BOOK 05 F�Cr I JUL 14 M2 BOOK 86 PAGE 9199 ON MOTIJN by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) accdpted the Occupational License Report for the.month of June, 1992. B. Final Payment Request, Main Library Parking Phase II Cathco Inc. The Board reviewed the following memo dated 6/30/92: TO: BOARD OF COUNTY COMMISSIONERS THRU: JAMES CHANDLER COUNTY ADMINISTRATOR THRU: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVIC AS FROM: LYNN WILLIAMS, SUPERINTENDENT OF BUILDINGS & GROUNDS i DATE: JUNE 30, 1992 SUBJECT: .FINAL PAYMENT REQUEST, MAIN LIBRARY PARKING PHASE II, CATHCO, INC. CONSENT AGENDA DESCRIPTION AND CONDITIONS: The contract for construction of the Phase -II Parking Lot at the Main Library between Cathco, Inc. and Indian River County was approved at the February 4, 1992 meeting. The amount of the original contract was $41,972.00. Change Order #1 was approved May 19, 1992 with a deduct amount of $1,084.00. The adjusted -contract amount is $40,888.00 ALTERNATIVES AND ANALYSIS: Progress payments have been' made through the course of the project which was substantially complete on May.14, 1992. Final payment request and release of retainage has been submitted for payment. The amount of the request is $6,922.00 and represents the balance to finish. RECOMMENDATION AND FUNDING: Staff recommends approval of final payment to Cathco, Inc. in the amount of $6,922.00. Funding is available in account #001 -log - 571 -066.51. 4 �1 L�1 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved final payment to Cathco, Inc. in the amount of $6,922.00, as recommended by staff. C. Additional R -O -W Purchases -- 1st Street S.W. -- Harold Brooks Parcel The Board reviewed the following memo dated 6/29/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer T-�e FROM: Donald G. Finney, SR=�� County Right of Way Agent SUBJECT: Additional Right -of -Way Purchases/ 1st Street SW / Harold Brooks Parcel DATE: June 29, 1992 CONSENT AGENDA DESCRIPTION AND CONDITIONS Indian River County needs an additional 30 feet of right-of-way for the petition paving project on 1st Street SW. The Board of County Commissioners previously approved the purchase of the right-of-way along this corridor on January 21, 1992. The property owners have signed a sale/purchase contract at the lands' appraised value of $.40 per square foot or $4,007.52 for the .23 acre parcel. RECOMMENDATION AND FUNDING Staff requests the Board accept the contract and direct the Chairman to execute the contract on the Board's behalf. FUNDING Petition Paving Project Account No. 173-214-541-066.12 5 JUL 14 092 BOOK J U L 14 1992 sooK 6 JAI" ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved the Contract for Sale and Purchase with Harold L. Brooks, Jr. and Barbara Brooks in the amount of $4,007.52, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Liability and Pro ert Insurance - Florida Lea a of Cities Inc.. Public Risk Services The Board reviewed the following memo dated 7/6/92: TO: James E. Chandler, County Administrator TBRU: Jack Price, Personnel Director FROM: Beth Jordan, Risk Manage DATE: 6 July 1992 SUWZCT: Request for Consent Agenda; League of Cities Attached, please find notice from the Florida League of Cities, Inc., Public Risk Services, advising of the consolidation of the liability and property insurance funds effective on October 1, 1992. Although the County will issue a request for proposals for renewal excess insurance effective on that date, the League, in following their customary business practice, has asked all current members to execute notice of the change and return the executed documents for their files. We ask that the Board authorize the Chairman's signature at the red check mark on three originals of the Application to Florida Municipal Insurance Trust and two originals on the Florida Municipal Insurance Trust Uninsured Motorists/Underinsured Motorist Selection Forms. We ask that this action be authorized through the consent agenda at the July 14 meeting. 6 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) authorized the Chairman's signature on the above listed forms, as recommended by staff. COPIES OF PARTIALLY COMPLETED FORMS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Release of Utility Liens The Board reviewed the following memo dated 7/7/92: TO: BBoard, of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: July 7, 1992 RE: CONSENT AGENDA - BCC MEETING 7/14/92 RELEASE OF UTILITY LIENS The following lien -related documents are prepared in proper form for the Board to authorize the Chairman to sign them: 1. Release of Special Assessment Lien from CITRUS GARDENS WATER PROJECT in the name of: HASKINS 2. Satisfactions of Impact Fee Extension Liens in the names of : LOVRETIN JORDAN WILLMOT 3. Release of Special Assessment Lien from ROCKRIDGE SEWER PROJECT in the name of: BAILEY 4. Release of Special Assessment Lien from ANITA PARK WATER PROJECT in the name of: BELL & KNIGHT rJ U L 14 6 t+oOK FHu� Fr J U L 1411992 500K ^'- t J1 o 5. Release of Special Assessment Lien from ROYAL POINCIANA WATER PROJECT in the name of: DAVIS 6. Release of Special Assessment Lien from SILVER OAKS WATER PROJECT in the name of: BRACKETT 7. Release of Special Assessment Lien from OLD SUGAR MILL WATER PROJECT in the name of: PANAKOS ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved the release of the lien -related documents listed above, as recommended by staff. RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY F. Request for Public Hearing Date: Ordinance Amending Fire Prevention Codes The Board reviewed the following memo dated 6/24/92: TO: Board of County Commissioners } FROM: Terrence P. O'Brien - Assistant County Attornej> f DATE: June 24, 1992 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 401.04, FIRE PREVENTION CODES AND STANDARDS TO REFLECT CURRENT EDITIONS AND SUPPLEMENTS. A public hearing date of August 4, 1992 is suggested for the subject ordinance. 8 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) scheduled a public hearing for August 4, 1992, at 9:05 o'clock A.M. to consider adoption of an ordinance amending Section 401.04, Fire Prevention Codes. G. Easement for Courthouse Parking Lot Utilities The Board reviewed the following memo dated 6/25/92: TO: BOARD -OF COUNTY COMMISSIONERS e2eo,s�96v, FROM: Charles P. Vitunac, County Attorney DATE: June 25, 1992 RE: EASEMENT FOR COURTHOUSE PARKING LOT UTMITIES The City of Vero Beach has abandoned the alleyway which lies in the middle of the block on which the courthouse parking lot will be constructed and has requested that the County give back to the City an easement for underground water and wastewater facilities much as was done with the construction of the main library. Accordingly, our office has prepared the attached easement and recommends that the Board authorize the Chairman to execute it. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved the easement to the City of Vero Beach and authorized the Chairman's signature, as recommended by staff. JUL 14 1992 F,� " L ji° Fr j 0 L 1414 2 IRC Parking Garage 6/24/92(legal)Vk/SD-,., . T-,14 r, BOOK 6b EASEMENT This GRANT OF EASEMENT, made and executed this / day of A.D., 1992, by INDIAN ' RIVER COUNTY, a political subdivision of the state of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTOR*, to CITY OF VERO BEACH, a municipal corporation of the state of Florida, the address of which is 1840 25th Street, Vero Beach, FL •32960, hereinafter called GRANTEE*, *Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns. W I T N E S S E T H: That GRANTOR for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement .for the construction and maintenance of UNDERGROUND WATER AND WASTE- WATER facilities beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "All ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has herein to set its hand and seal the day and year first above written. Attest: .4� on, apew= STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Carolyn K Eggert,rman SWORN TO and subscribed before me by CAROLYN K. EGGERT and JEFFREY K. BARTON, as Chairman and Clerk of the BOARD OF COUNTY CO ISS�ONERS, INDIAN RIVER COUNTY, FLORIDA, on this �trti day of „tSGcc , 1992. They are personally known to me. 10 NOTARY PUBLIC: . F sign: � • �� ' J .� print name: R4t-goL0 #L-:7.0 FA'111lCIA BUGO HELD ft" FrAk SWk of Florida Ny eee>w w nAq W 2!1.1993 No. M 896578 Indian Hives Ca Approved Dale Admin. G a Legal Budget m U 91-136 EXHIBIT "A" LEGAL DESCRIP'T'ION UTILITY EASEMENTS A 10.00 FOOT WIDE VACATED ALLEY AT THE REAR OF LOTS 1 THROUGH 5, INCLUSIVE, AND LOTS 10 THROUGH 14, INCLUSIVE, BLOCK 44, AS SHOWN ON THE PLAT OF THE MAP OF THE TOWN OF INDIAN RIVER (ORIGINAL TOWN) RECORDED IN PLAT BOOK 2, PAGE 12, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN THE CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. ALSO INCLUDING THE SOUTH 5.00 FEET OF LOT 10, BLOCK 44, AS SHOWN ON THE PLAT OF THE MAP OF THE TOWN OF INDIAN RIVER (ORIGINAL TOWN) RECORDED IN pLAT BOOK 2, PAGE 12, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN THE CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. 11 JULY=92 M U O J M BLOCK 37 1111 5 LOT 9 jp" LOT 6 I —Ww— I BLOCK 36 29 �. L 21ST .L I�V�Wzztit. CA, 21ST STREET 70' RZW mow 4F LOT 14 ,wwaa.a I LOT 1 •.: d r-- 0.1 ----------- • ruse ruse r dr •"'•"` LOT 2 r as LOT 13 .. oll mwe r�wom ' LOT 1 or ..L. mom e..r. �i .iiAwww� LOT 1�4� LOT 12 � d LOT 3 d d0 01 0 I� SMUM *MAr W w • LOT c" • LOT 2 z LOT 11 LOT 4 L a .w� d4F w L s sm r� d IM sm LOT 5 "M Sim 3 at -"Mut 4 dt *arm w !j ••se • LOT 3 ri LOT 12 ��"' 0 , cwc •,�swr W • ws LOT 11 p LOT 4, wwr ws R r MWL I j LOT 10 LOT 1111 5 LOT 9 jp" LOT 6 I —Ww— I BLOCK 36 29 �. L 21ST .L I�V�Wzztit. �N LOT 9 ` r we sm C" LOT 6 r - .. r wa LOT 8 LOT 7 LOT 8 LOT 7 w LLJj A /M—\ I wwLaat Ya .wa A• .��,ar sWWW E ♦ •+ ♦ ♦ sMarrE 4 �e�aiirffiII " O •' M,I estii�eT�a int r— C\L 20TH STREET 70' R/W ( S.R. 60) CA 20TH STREET 70' R/W ( S.R. 60 ) •o.rwr■�.,wa• a �� wscwr,.rwwa►wtrr BLOCK 49 asw,iwos �w.ssww. ►+.. ��.��,�' BLOCK 49 jj w L a.ws awrcm�rwrrwc �rt•rr.a,c�ww7Kwr•p a�aw sy as Sawa" ��w�atwwtwww ► w..a.rw� wr M—. c r acwsa� r � � r.�.a rr� r r. aww=ciwi��c crc wws •,a w..rw w w awam a--r�wrrwcs«r. �ateM q Kimball Lb d, inc. a♦. �.. .+-u. �rE �w mow • • •• , •a r�,r r.. �,I SUN !AVER CCA*Z Y CCkX TMCX-MF. VERO BEACH F-OFMIDA Q DqN a ARcoqrpCTA a Vwx"rplO1c[i Aorug .. %—.I • m X w N H 1 1 11 mow 4F LOT 14 ,wwaa.a I LOT 1 r-- 0.1 ----------- LOT 2 LOT 13 .. oll or ..L. mom e..r. �i .iiAwww� W M. oili LOT 12 LOT 3 E d0 01 0 I� W ASN"T P I �wvu—� z LOT 11 LOT 4 a w s r. Itf LOT 10 LOT 5 at -"Mut 4 �N LOT 9 ` r we sm C" LOT 6 r - .. r wa LOT 8 LOT 7 LOT 8 LOT 7 w LLJj A /M—\ I wwLaat Ya .wa A• .��,ar sWWW E ♦ •+ ♦ ♦ sMarrE 4 �e�aiirffiII " O •' M,I estii�eT�a int r— C\L 20TH STREET 70' R/W ( S.R. 60) CA 20TH STREET 70' R/W ( S.R. 60 ) •o.rwr■�.,wa• a �� wscwr,.rwwa►wtrr BLOCK 49 asw,iwos �w.ssww. ►+.. ��.��,�' BLOCK 49 jj w L a.ws awrcm�rwrrwc �rt•rr.a,c�ww7Kwr•p a�aw sy as Sawa" ��w�atwwtwww ► w..a.rw� wr M—. c r acwsa� r � � r.�.a rr� r r. aww=ciwi��c crc wws •,a w..rw w w awam a--r�wrrwcs«r. �ateM q Kimball Lb d, inc. a♦. �.. .+-u. �rE �w mow • • •• , •a r�,r r.. �,I SUN !AVER CCA*Z Y CCkX TMCX-MF. VERO BEACH F-OFMIDA Q DqN a ARcoqrpCTA a Vwx"rplO1c[i Aorug .. %—.I • m X w N H 1 1 11 H. Resolution Authorizing First Union Bank to Honor Certain County Employee Signatures The Board reviewed the following memo dated 7/8/92: TO: BOARD OF COUNTY COMMISSIONERS e9tjl� FROM: Charles P. Vitunac, County Attorney DATE: July 8, 1992 RE: RESOLUTION AUTHORIZING FIRST UNION BANK TO HONOR CERTAIN COUNTY EMPLOYEE SIGNATURES The Finance Director has requested that the Board of County Commissioners pass a resolution authorizing First Union Bank to accept the signatures of certain County employees for purchases for Sandridge Golf Club. The attached resolution is that authorization for amounts not to exceed $500 and under certain conditions. The authorized signatories would be Bob Komarinetz, Vicki Wagner, and Bill Davidson. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute the attached resolution. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) adopted Resolution 92-98, directing First Union Bank to honor certain authorized signatures under certain specified conditions on Board of County Commissioners' checking account and checks. 13 r J U L1. `1992 Re: Sandridge Golf Course Checking Account BOOK C:�J P�,�E 6/28/92(lagal)3EtE90/V3c/3ELW RESOLUTION NO. 92- q g A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING FIRST UNION BANK TO HONOR CERTAIN AUTHORIZED SIGNATURES UNDER CERTAIN SPECIFIED CONDITIONS ON BOARD OF COUNTY COMMISSIONERS' CHECKING ACCOUNT AND CHECKS. WHEREAS, the Board of County Commissioners of Indian River County opened checking account #107-699555 at First Union Bank for purchases necessary for Sandridge Golf Club; and WHEREAS, it is now necessary to instruct First Union Bank as to the procedures necessary to honor County checks on this account; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that First Union Bank is hereby requested, authorized, and directed to honor checks written on account #107-699555 by three employees named in the attached memo provided the following conditions are met: 1. Checks are not valid for amounts over five hundred dollars ($500.00); 2. Two signatures are required on each check, one of which will be Bob Komarinetz, Director of Golf; 3. The three employees authorized to sign checks are identified in the attached memo from Bob Komarinetz and approved by Jim Chandler; and 4. Facsimile signatures are not authorized. BE IT FURTHER RESOLVED that the above named signatories are hereby authorized to execute any and all signature cards and agreements as required by First Union Bank. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows : Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 14 '-..day of July 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Byt Caroly . Eggert Je airman Attachment: Memo from Golf Director 14 y�1011iZ73 9 JUN 1992 ADMINISTRATOR'S OFFICE INTER -OFFICE MEMORANDUM SANDRIDGE GOLF CLUB - --------- -TE: ------------ JUNE 12, 1992 --------------------------------- DA TO: MR. CHANDLER, COUNTY ADMINISTRATOR SUBJECT: COUNTY EMPLOYEES FOR SAM'S WAREHOUSE,ME SHIPS FROM: BOB KOMARINETZ, DIRECTOR OF GOLF '(el WE WOULD LIKE THE FOLLOWING COUNTY EMPLOYEES TO BE ISSUED A SAM'S WAREHOUSE SALES TAY. EXEMPT MEMBERSHIP CARD: PRIMARY EMPLOYEE: BOB KOMARINETZ SECONDARY EMPLOYEES: VICKI WAGNER BILL DAVIDSON IF YOU HAVE ANY FURTHER QUESTIONS PLEASE FEEL FREE TO CONTACT ME AT 770-5003. THANK YOU. 15 JUL 14 1992 [a00K PAUa J U L 14 199 BOOK 66 I. IRC Bid #92-88 - Surplus Sale #3 The Board reviewed the following memo dated 7/6/92: DATE: July 6, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran Boynton, Purchasing Manag r SUBJ: IRC Bid #92-88/Surplus Sale #3 BACKGROUND: The following equipment has been declared surplus to the needs of Indian River County. SET 0 DESCRIPTION DEPARTMENT 10665 Xerox Copier Utilities 7425 Scottsman Ice Machine Utilities 10659 Cut -Off Saw Utilities 3593 Kodak Starvue Reader Tax Collector 2927 Decollator 0177 Tax Collector 8688, 8691 (2) NCR Validators Tax Collector 9398 Link CRT 127138 Tax Collector 7364, 7149 (2) Adds View Point CRT's 833910 Tax Collector 1414, 1297 (2) Typewriters Soil & Water Cons. 1382 Typewriter Finance Executive Brown Chair Finance 8847 Savin Copier Traffic -Clerk 2933 Kodak Starvue Reader Recording -Clerk 2934 " " " Recording -Clerk 3166 " " " Recording -Clerk (5) Red Cloth Covered Chairs Fire Department 8195 Executive Swivel Chair Fire Department 9931 Hale XL 2000 Portable Pump Fire Department 8110 35W Remote Control Starter Fire Department 8920 Aqua Duk Pump System Fire Department 8740, 8741, Room Dividers Fire Department 10939 Panasonic Typewriter Fire Department 4956,4957, 7477(2) Display Stations/CRT's Planning Dept 4767 Disk Drive Planning Dept 2018 IBM Typewriter Planning Dept 11551 Executive Chair (Brown) Public Works Dept VCR (Part of #9912 System Courthouse 11138,11137 (4) Memorex 1196 Data Processing 11136, 8663 11648 Cynk Lite Data Processing 11211 IBM 3196 Data Processing 8158 IBM 5291 Data Processing 4896,7240,4897 (10) Display Writers Data Processing 4557,4565,4560 7470,7474,7473,7478 16 4766 Paper Feeder Data Processing 4563 Printer Data Processing 4927 Digital VR241 Data Processing 1387 IBM Typewriter Traffic Eng. 3108 IBM Selectric II Typewriter Elections office 11351- IBM Selectric II Typewriter Clerk -Annex 3454 IBM Typewriter Family Relations 4574 Plow Ditcher w/3 Point Bitch Road & Bridge 382'5 Savin Copier Budget 3869 IBM Selectric Typewriter Purchasing No Asset #'s Continuous Form Papers Purchasing Nissan Truck 24 Cases 9 1/2 x 11 2 -Part (carbon) Grounds 144 6910pp 2 - #15 Quantity 1500 Generator 211 13 Cases 9 1/2 x 11 4 Part (carbon) Purchasing 4 - #15 Quantity 700 Fleet # Description Department 82 Intl Tandeall.Disc Narrow Road & Bridge 37 Rosco Pull Type Tire Roller Road & Bridge 34 1982 Couch Turbine Pump Road & Bridge 20 1963 GMC Thorcmix Concrete Mixer Road & Bridge 207 1982 Chevy 5-10 Utilities Vehicle 703 Type I Ambulance Emergency Services 143 1979 Dodge Aspen Station Wagon Traffic Eng. 142 1979 Nissan Truck Bldg & Grounds 144 Onan Generator 211 Bldg & Grounds 140 1978 Ford F700 Fleet 248 1984 Chevy Citation 4 Door Fleet 287 1985 Dodge D150 Fleet 229 1983 Dodge Omni 4 Door Fleet 1987 Chev. Pickup Truck Bed Fleet ANALYSIS: Staff recommends that authority be granted by the Board of County Commissioners to transfer property to other departments as claimed, declare the balance surplus and authorize its sale. FUNDING: The monies received from this sale will be returned to the appropriate accounts. This will be placed on the Surplus Property Sale open to the public as per State Statutes. 17 JUL 14 92 moK 66 Fajt J J' ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) authorized the transfer of property to other departments as claimed; declared the balance surplus and authorized its sale; as recommended by staff. J. IRC Courthouse Project - Closed Circuit Video/Voice Transmission System The Board reviewed the following memo dated 7/7/92: DATE: JULY 7, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERV I&W SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT CLOSED CIRCUIT VIDEO/VOICE TRANSMISSION SYSTEM BACKGROUND: At the present time, there is a Closed Circuit Video/Voice Transmission System installed at the Courthouse and Jail that allows First Appearances, and Arraignments to be conducted by the judges without transporting prisoners between the two locations. The video/voice signal is transmitted via microwave. This system has been a very successful means of saving transportation and personnel cost on a daily basis. Monies for a similar system are included as a line item in the new courthouse budget. The microwave system we now have has not been reliable because of high maintenance and intermittent signal due to interference from airplane traffic as the signal is being transmitted across the airport. Also, thunder storms have a very negative affect on this type signal. The present system has two channels which provides for only one procedure to be conducted at a time. The new courthouse program calls for the capability of at least two procedures simultaneously and facilities for expansion into all the courtrooms in the future. Staff has determined that at least two alternatives exist to meet transmission requirements for the desired system. They are: 1. Lease dedicated telephone lines from Southern Bell for point-to-point transmission. 2. Lease dedicated cable from United Artist Cable for point-to-point transmission. 18 7-1 � ® r There will also be the need to purchase equipment to facilitate which ever transmission system selected, along with additional cameras and monitors. This type project is very technical and requires expertise which is. not available within the County's work force. With this in mind, staff looked at how this same problem was resolved in similar areas. ANALYSIS: It appears that a consultant should be hired to handle the entire project. A "lock and key" job with a -set price to cover engineering, additional equipment, cabling, and any other requirement. Based on information obtained from similar projects, there are sufficient funds in the budget to finance this approach. This type project will require the services of an engineering firm and the estimated cost will exceed the threshold of the Contractor's Competitive Negotiation Act (CCNA) as set by Florida Statues. RECOMMENDATIONS: Based on the above, Staff request authorization to issue a Request For Qualifications (RFQ) and proceed with selection of a firm as outlined in the CCNA. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) authorized staff to issue a Request for Qualifications and proceed with selection of a firm as outlined in the Contractor's Competitive Negotiation Act (CCNA). SUPERVISOR OF ELECTIONS - APPROVAL OF NEW PRECINCT #47 Supervisor of Elections Ann Robinson explained that they need to create a new precinct #47, which would be in the area south of Vista Royale, east of U.S. #1, and south to the south county line. Highway U.S. #1 in that area divides us into two State Senate Districts, and rather than running the risk of those 1000 voters getting a wrong ballot, they would like to create the new precinct and have that precinct vote, at this time, at the Vero Highlands Elementary School which is also Precinct #43. They hope to have a 19 JUL 14 A9 KOK F"- JUL 14 W�Z BOOK EES separate polling place for Precinct #47 east of U.S. #1 by next year. In response to Commissioner Scurlock's inquiry, Deputy County Attorney Will Collins advised that to approve the creation of a new precinct, State Statute requires the consent of. at least four Commissioners. Obviously, we have only three Commissioners present today, but Commissioner Bird has given a written consent prior to leaving for Tallahassee on County business. TO: Ann Robinson, Supervisor of Elections FROM: Richard N. Bird, County Commissioner k/0 DATE: July 10, 1992 RE: NEW PRECINCT APPROVAL I understand that you need to create certain new precincts as soon as possible for the upcoming primary elections and that Florida law requires the consent of at least four Commissioners. With the resignation of Commissioner Wheeler and with my planned absence on County business from the next Board of County Commissioners' meeting, it will be impossible for you to get the approval of four Commissioners. Therefore, please consider this memo to be my consent to the creation of new precincts, pursuant to your memorandum of July 9, 1992. I would expect to ratify this consent at the next meeting of the Board of County Commissioners at which there are at least four members present. Attorney Collins explained that due to the short time frame before the primary election of September 1, 1992, the Supervisor of Elections needs to proceed on the logistics of setting up the new precinct. Attorney Collins stated that it is his opinion that we are legal in doing this today. The nice thing about this particular State Statute is that it doesn't speak of a four-fifths vote, it speaks of consents. We do have that consent and we will take formal action to ratify it at a subsequent official meeting. 20 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved creation of a new precinct #47, as recommended by Supervisor of Elections Ann Robinson; approval to be ratified at the BCC Meeting of August 4, 1992 when all four Commissioners will be in attendance. PUBLIC HEARINGS - GENERAL PROCEDURES Chairman Eggert announced that because three votes are needed to approve anything today, she would assume that anyone wishing to have a public hearing postponed until such time when four Commissioners will be present will advise us of their preference. Attorney Collins confirmed that three affirmative votes would be required in order for any Motion to pass today. PUBLIC HEARING - CONFIRMING RESOLUTION ON PAVING & DRAINAGE IMPROVEMENTS TO 3RD PLACE BETWEEN 32ND AVENUE & 35th AVENUE IN EMERSON PARR SUBDIVISION The hour of 9:05 o'clock A.M. having passed, the Deputy County Attorney announced that this Public Hearing has been properly advertised, as follows: 41 JUL 14-1992 uu B 1(J K 6 F"�IJt 27 VERO BEACH PRESS -JOURNAL - Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in I di Ri C Pt,BLfc Nonce RESOLUTION N0.92• A RESOLUTION OF INDIAN Rf IN AS TO THE AMOUNI . ___ EOF TO BE _ SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. n an ver ounty, Florida, that the attached copy of advertisement, being WHEREAS, the Board of Comfy Commissioners of Indian River County has, by Resolution No. 92- 91, deterrnIned that it is necessary for the public a welfare of the citizens of the county, and particularly to those Ilving, working. and owning property within the area described hereafter, that paving end �i�, /� ` �� drahaEREAS, the Boa be made tty and in -the matter of %G _ _,L X // l G,� WHEREAS, the Board t on to b completed ere hes caused an assessment rdl to be crempleted and filed with to Clerk to the Board; and WHEREAS, Section 1149, Indian River County Code, requires that the Board of Cointy Commis. skxners Shap fix a Ilme and place at which the own. parre doff the properties to be assessed or any other In the, Court, was pub- eoaro of County �Commissione thereh may be heafrdd aores to the propriety and advisability of making paving and n drelnenimptoverrnents, es t the cost thereof, as lished in said newspaper in the issues of �� nC% . tit ge fir' eriy tthheamount thereof�reeb�yy t a tassessed against each o the NOW, THEREFOFfE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Commission chambers In the County Administration Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore at the hour of 9:05 A.M. on Tuesday, July been continuous) tie 1 at assehichssed time the owners nt ire ed eer- y published in said Indian River County, Florida, each daily and has been ties t be assessed enderry other interestedper- entered as second class mail 'matter at the post office in Vero Beach, in said Indian River Coun- sons may appear before said Commission and be ty, Florida, for a period of one year next preceding the first publication of the attached copy of hes in regard thereto.the properties The �allYYtbb�eeim�tt� O1 advertisement; and affiant further says that he has neither paid nor promised any person, firm nacre detcribbeed upon me assessssment or corporation any discount, rebate, commission or refund for he purpose of securing this plat and the assessment cop with regard to the spe- advertisement for publication'in the said newspaper. dw• 2. Ali persons Interested in the construction of sold �. improvements mid -the special assessments against Sworn to and subscribed before me this, .day o1 A.D. 19 �f�� tapy benefited may review $ assessmerd showing the area to be as- sessed. the assessment roll, the plans and speci- fication for said Improvements, and an estimate of the cost thereof at the office of the Clerk to the (Business Manager) Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice gtovff the time a place of this public hearing J� f Public Works by wo pub cations n the V a the Department ° ch Press -Journal (SEAL) s.. Newspaper a week apart. The last publication shag iibe at least ore week t the date of the hear - The ro «j I�,a'�w.'iphnyjq Zrks sshlndian Riverag the � eeaach propartment erty two be Frr. -. specially assessed at least ten days notice in writing of such time and place, which shall be served by magkhg a copy of such notice to each of such prop - arty owners at his last known address. The resolution was moved for adoption by Con- missloner SmAock, and the motion was seconded by Commissicrher Bird, and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye Corm isskmer Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolutn duly * Sand O OF COUNTY opted this COMMISSIONERSy of 2 B INDIAN RIVER COUNTY, FLORIDA Chairman Eggert Attest: -"X. Barton By s A. Waterhouse Deputy Cleric June 30, July 7,1992 913485 22 Chairman Eggert asked if anyone objected to this public hearing going forward today with only three Commissioners present and preferred to have it deferred until the BCC Regular Meeting of August 4, 1992 when all four Commissioners will be present. There were none. The Board reviewed the following memo dated 7/1/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. 1 Public Works Director j and x� Roger D. Cain, P.E. County Engineer �,,1 FROM: Michelle A. Gentile, CU E.T. Civil Engineer SUWECT: Public Hearing for the Paving & Drainage Improvements to 3rd Place between 32nd Avenue and 35th Avenue in Emerson Park Subdivision DATE: July 1, 1992 DESCRIPTION AND CONDITIONS On June 23. 1992 the Board of County Commissioners adopted Resolution No. 2-91 providing for certain paving and drainage improvements to 3rd Place between 32nd Avenue and 35th Avenue in Emerson Park Subdivision. A petition was received from the property owners on this road. The petition was signed by 18 of the 30 property .owners in the proposed benefited area. This represents 60% of the property owners in the proposed benefited area. On June 23. 1992 the Board of County Commissioners adopted another Resolution 9.2-92 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for July 14, 1992. RECOMMENDATION Staff recommends the Board of County Commissioners approve the assessment roll, and confirming resolution with changes, if any, made after input at the July 14 1992 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. 23 111 -UL 1 1991 AUL 14,1992 - BOOK 6 6 F„6E�Z 9 Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. Peter Cassara, 3196 4th Street, advised that his residence faces 32nd Avenue. He asked why this is just being approved now when the job already has begun. Civil Engineer Michelle Gentile advised that no construction has begun, but Mr. Cassara explained that he is familiar with road construction and the County is grading it and bringing dirt in. Mrs. Gentile believed that due to the recent heavy rains, Road & Bridge Dept. may be out there cutting the swales and eliminating some of the drainage problems they are having in that area. Mr. Cassara emphasized that they are putting in the elevations which is preliminary work for road construction. Mrs. Gentile explained that we still need to apply for a stormwater permit and have not completed our plans for construction. The plans are approximately 50% completed, however, and we do know what the elevations will be. Commissioner Scurlock felt the question is whether Road & Bridge is out there working and have shot the elevations and are bringing it to that grade. Mrs. Gentile answered no, at least not to her knowledge. Engineering has not supplied Road & Bridge with any plans for the construction and road improvements out there. Engineer Mike Dudeck advised that Road & Bridge is doing work out there, but it is maintenance, not part of the construction project. None of the work they are doing out there now will show up on the assessment. Commissioner Scurlock felt that if they are doing a major drainage project, they should be coordinating that with a future project that is coming along. That should be happening, but it should not be happening prior to approval. Administrator Chandler noted that we still have an obligation to maintain the roadways out there, and he assumed that is what we 24 are doing since construction would not begin for several months. Commissioner Scurlock stressed that Mr. Cassara said that the grade stakes. have been set and a major amount of work has been done, and Mr. Cassara confirmed that they are bringing in dirt and leveling if off to certain heights. He believed they are getting ready for a job; if not, then they are wasting a lot of the taxpayers' money. Public Works Director Jim Davis advised that we have received some complaints from people in the area and we are trying to alleviate some drainage problems. The design and the permitting for the actual paving of the road have not progressed to the point where we can go out there and stake out the complete project that is before the Board this morning. There are some existing drainage patterns and the final design will conform to those patterns. We had the alternative of waiting until all the permitting is completed for the project, or doing the maintenance work now, and we elected to do the maintenance work at this time. In his opinion, it is work that will not have been done in vain. There being no others who wished to be heard, Chairman Eggert closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) adopted Resolution 92-99, confirming the assessment roll for certain paving and drainage improvements to 3rd Place between 32nd Avenue and 35th Avenue in Emerson Park Subdivision. ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 25 f"CJ , C. j Pl n� confirming (Third Rego.) 2/20/91(ENG)RES3.MAG\gfk RESOLUTION NO. 92-_9g_ A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 3RD PLACE BETWEEN 32ND AVENUE AND 35TH AVENUE IN EMERSON PARK SUBDIVISION. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 9.2-91, providing for certain paving and drainage improvements to 3rd Place between 32nd Avenue and 35th Avenue in Emerson Park Subdivision; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 92-92, on June 23. 1992, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-47, Indian River County Code;'and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on June 30. 1992, and July 7. 1992, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 11-46, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-46, Indian River County Code; and 26 WHEREAS, the Board of County Commissioners of Indian River County on Tuesday-.- July 14 1992 9:05 A.M. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY# FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Absent Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 14 day of July , 1992. Attachment: ASSESSMENT ROLL 27 BOARD OF COUNTY COMMISSIONERS INDIAN qjIVER COUNTY, F RIDA By i1.w CAROL" K. EGGE Chaitman G JUL 14 1992 �,,rP JUL 1 4 f, E Q �1 " Ff 1.) � .1 PUBLIC HEARING — CONFIRMING RESOLUTION ON PAVING A DRAINAGE IMPROVEMENTS TO SEAGRAPE DRIVE BETWEEN CR -510 A MAGNOLIA LANE'IN OCEANAIRE HEIGHTS SUBDIVISION The hour of 9:05 o'clock A.M. having passed, the Deputy County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter - 94 in the Court, was pub- / , lished in said newspaper in the issues of / Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed beforeM{{rrppfe thisfgtf�// day of A.D. 19 (Business Manager) (SEAL) / 28 PUBLIC NOTICE RESOLUTION NO. 92-90 A RESOLUTION OF INDIAN RIVER COUN- TY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON SEAGRAPE DRIVE BE- TWEEN CR512 AND MAGNOLIA LANE IN OCEANAIRE HEIGHTS SUBDIVISION AND OTHER INTERESTED PERSONS MAY AP- PEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IM- PROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of Canty Co mrdssloners of Indian River Comity has, by Resolution No. 92- 89, determined that It Is necessary for the public welfare of the citizens of the county, aril partkailarly as to those gvkng, work1rV. and avnirre property dwrfthGr thea area daarxibed hereafter, that paving end ImprovWHEREAS the Boarents d of C�amnty, and Commissioners has (reused an assessment roll to be completed and flied with the Clerk to the Board; and WHEREAS. Section 11-48. Indian River County Cade. requires that the Board of Cowft Corrmhis- siorhers shad Poo a time and place at which the own - ere of the properties to be assessed or any other p:r� interested ther�h may appear before the Board of County Commissioners and be heard as to the praprlety and adviaebfgty of and age Irnprovements, as to metre ofinermer payment �efor, and as to the amasht thereof to bbeeassessed against each prop- NOWTFERE�FORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County ConsNeNon chambers In the County Administration Bu at the thou of 9:05 A.M. on Tuesday, July 14, 1992 at whichthe owners of the proper- ties roper ties to be time assessed and arty of er Interested per - 9" smay appear before said Commission end be heard in regard thereto. The area to be Improved and tneW�es sc be spec" t ber>ettted are more desk upon the asaessrr�d cplaattmd and roll with regard to the spe- 2. Ag persons interested in the construction of said against �and the ltrettobe specially may review the assessment plat showing the area to be as- sessed, the assessment roll, the plans and sped - f alto for sold Improvements. and an estimate of the cost tthersof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of We public hearing shag be given by the Department of Public Wake by two In the Vero Bead h Press,taanai Newspaper a week apart. The last publication shall lic Ibq�e at least are week prior to the daRiver C4)u* te the hear- Waksershag � the owner of each properrtty to be specially assessed at least ten days notice in writing of such lime and piece, which shag be served by maging a copy of such mortice to each of such prop• any owners at No lest known address. The resolution was moved for adoption by Com- missioner Wheeler, and the motion was seconded by Carper Scurlock, and, upon beteg put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Absent Coranlssio>er Dai C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Canmissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 23 day of June, 1ON. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -s -mans dim K Eggert ChaiAttu: J.K. Berton pBey:pust-Ar. Waterhouse Clark ,qiie 30 7,1992 913484 Chairman Eggert asked if anyone objected to this Public Hearing going forward today with only three Commissioners present. There were none. The Board reviewed the following memo dated 7/1/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E Public Works Director. and �i Roger D. Cain, P.E. County Engineer FROM:' Michelle A. Gentile, .E.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to Seagrape Drive between CR510 and Magnolia Lane in Oceanaire Heights Subdivision DATE: July 1, 1992 DESCRIPTION AND CONDITIONS On June 23. 1992 the Board of County Commissioners adopted Resolution No. 92-89 providing for certain paving and drainage improvements to Seagrape Drive between CR510 and Magnolia Lane in Oceanaire Heights Subdivision. A petition was received from the property owners on this road. The petition was signed by owners of 27 of the 51 properties in the proposed benefited area. This represents 53% of the parcels in the proposed benefited area. On June 23. 1992 the Board of County Commissioners adopted another Resolution 92-90 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for July 14, 1992. Staff recommends the Board of County Commissioners approve the assessment roll, and confirming resolution with changes, if any, made after input at the July 14. 1992 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. - JL 14 1992 U L 141 BOOK F,�i t�� Civil Engineer Michelle A. Gentile advised that a letter of objection had been received from Beverly Goldberg of Honolulu, Hawaii, owner of N. 35 Ft. Lot 2 & 3, Block H. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) adopted Resolution 92-100, confirming the assessment roll for certain paving and drainage improvements to Seagrape Drive between CR -510 and Magnolia Lane in Oceanaire Heights Subdivision. ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE .BOARD 30 Confirming (Third Reso.) 2/20/91(ENG)RES3.MAG\gfk RESOLUTION NO. 92-100 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO SEAGRAPE DRIVE BETWEEN CR510 AND MAGNOLIA LANE IN OCEANAIRE HEIGHTS SUBDIVISION. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 92-89, providing for certain paving and drainage improvements to Seagrape Drive between CR510 and Magnolia Lane in Oceanaire Heights Subdivision; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 92-90, on June 23. 1992, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-47, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on June 30. 1992, and July 7. 1992, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 11-46, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday. July 14. 1992 9:05 A.M. conducted the public hearing with regard to the special assessments, 31 I J d L r --AJ3 ' RESOLUTION NO. 92- 100 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals -are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Absent Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 14— day of _may , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN VER COUNTY, FLORIDA By ""• • •., CAROLYN/ . EGGERTZ,,IA Chai 32 PUBLIC HEARING — CONFIRMING RESOLUTION ON PAVING & DRAINAGE IMPROVEMENTS TO 33RD AVE. SW BETWEEN 13TH ST. SW & 15TH ST. SW IN GROVENOR ESTATES SUBDIVISION The hour of 9:05 o'clock A. M. having passed, the Deputy county Attorney announced that this Public Hearing has been properly advertised, as follows: PUBLIC NOTICE RESOLUTION No. 92 -aid A RESOLUTION O INDIAN RIVER COUN- TY, FLORIDA, SETTING A TIME AND VERO BEACH PRESS -JOURNAL PLACE AT WHICH THE OWNERS OF PROPERTY ON 33RD AVENUE SW BE- TWEEN 15TH STREET SW AND 13TH STREET SW M GROVENOR ESTATES Published Daily SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD O COUNTY COMMISSIONERS Vero Beach, Indian River Count ND BE HEARD AS TO THE PROPRIETY Y� Floridaa AAT ArnneAnn COUNTY OF INDIAN RIVER: STATE OF FLORIDA anuu PHUPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAY- Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath MENT THEREFOR AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published ASSESSED p EBY,�'O PROPERTY at Vero Beach in Indian River County,. Florida; that the attached copy of advertisement, being WHEREAS, the Board of County Commissioners of Iran River Caa�ty has, by Resolution No. 92- 87, detemtlned thM i{ is necessary for the public a C - welfare of the citizens of the county, and particularly Woporly wwiithin the described hereafter, paving and dranImprovements in the matter of �' /c�� .a be EAS, the Board �t ty Commissioners has caused an asses Tod roll to be completed and God with the Clerk to tha Board; and WHEREAS. Section 1148, indian River Canty of County Codeullorrers s fix time in the Court, was pub- and a the own- ers of tFre Place at which the own. Persons Interest � may or any other Board Y rid earbe before the to lished in said newspaper in the issues of =ti lt%� the propriety and advisability of ma�kdb�e paving and drainage I�ov�nts. as to true cost therehoardof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each prop. v �/ benefitedt= BE IT RESOLVED By BOARD OF COUNTY COMMISSIONERS OF� Affiant further says that the said Vero Beach Press -Journal is a newspaper published at DIAN RIVER COUNTY, FLORIDA, as follows: 1• The Canty COrmnission shall meet at the County Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretoforemon been continuously published in said Indian River County, Florida, each daily and has been chambers in the Canty Administration at the flour of 9:05 A M. on Tuesday, July 14, 1 2, at whkh time tine owners of the entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for proper_ ties to be asses and array other Interested par- May appear before a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further sa s that he has neither aid nor romised an Y P P firm said Conndssion and be heard" In �� tre1o• area to be improved and the y person, or corporation any discount, rebate, commission or refund fort a purpose of securing this advertisement for e s �opertiea to be apeded benefited are � =ye nr he assessment publication in the said newspaper. spe- /� Sworn to and subscribed before met y of �'/ A.D. 19 — 2. Ad persona InWmft d in the construction of said the properties�' o be specially bertsfited may review the assessmant plat shaving the area to be as- sessed, the assaasment roll, the plans and sped- fl:aW- for said improvenrents and an estimate of (Business Manager) the cost thereof at the office of the Clerk to the r Board any week day from 8:30 A.M. until 5:00 P.M. A- Ze "4 F 3. of the tine and place of this public hearing 4 42 shall be by the Deparbnent of Public Works by two publicetioris in the Vero Beach (SEAL) r PressJoumal Newspaper a week apart. The last publication shad be at least ori weekto the date of the hear - ..f rh.. The Irdan River DePaMnOnt C�1'ro.dr..11cea+T !►pt '.�"!c �4 13pagady88OrkSlgive the owner of sh at p� yrt to be of such time and place, whichshad be served mailing a COPY of such notice to each of such prop• ert owners at ids lest known address. [no resolution was moved for adoption by Com. MISSIOW Wheeler, and the motlan was seconded by COMMISSIOner Bird, and, upon being put to a vote. the vote was as follows: Chairman Carolyn K. Eggert A Vice Chairman Margaret C. Bowman Absent Con n*sioner Don C. Scurlock, Jr. Aye �. •;. ComndasWw Richard N. Bird Aye COMMIssbner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed arkthis 23 day of June. 1992. BOARD O COMMISSIONERS INDIAN RIVER COMM, FLORIDA By -s -Carolyn K. Eggert amen Attest: J.K. Barton Bye: -s --A. Waterhouse Clerk June 30, July 7,1992 913483 33 �00K JUL 141992 I F_ F_ BOOK 6;�b Chairman Eggert asked if anyone objected to this Public Hearing going forward with only three Commissioners present. There were none. The Board reviewed the following memo dated 7/1/92: TO: James Chandler County Administratoz THROUGH: FROM: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer Michelle A. Gentile,C.E. . Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to 33rd Avenue Sw between 13th Street SW and 15th Street SW in Grovenor Estates Subdivision DATE: July 11 1992 DESCRIPTION AND CONDITIONS On June 23. 1992 the Board of County Commissioners adopted Resolution No. 92-87 providing for certain paving and drainage improvements to 33rd Avenue SW between 13th Street SW and 15th Street SW in Grovenor Estates Subdivision. A petition was received by the Engineering Division and signed by owners of 20 of the 32 parcels in the proposed benefited area. This represents 63% of the parcels in the proposed benefited area. On June 23. 1992 the Board of County Commissioners adopted another Resolution 92-88 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for July 14, 1992. RECOMMENDATION Staff recommends the Board of County Commissioners approve the assessment roll, and confirming resolution with changes, if any, made after input at the July 14, 1992 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. 34 L _J Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Commissioner Bird being absent) adopted Resolution 92-101, confirming the assessment roll for certain paving and drainage improvements to 33rd Avenue SW between 13th Street SW and 15th Street SW in Grovenor Estates Subdivision. 0-1 F- 10 L 10L 1 1 Connfirming (Third Reso.) BOOK 6 F" WE J`41 2/20/91(ENG)RES3.MAG\gfk RESOLUTION NO. 92- 1L1 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 33RD AVENUE SW BETWEEN 13TH STREET SW AND 15TH STREET SW IN GROVENOR ESTATES SUBDIVISION. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 92-87, providing for certain paving and drainage improvements to 33rd Avenue SW between 13th Street SW and 15th Street SW in Grovenor Estates Subdivision; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 92-88, on June 23. 1992, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-47, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on June 30, 1992, and July 7. 1992, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 11-46, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-46, Indian River County Code; and 36 WHEREAS, the Board of County Commissioners of Indian River County on Tuesday July 14. 1992 9:05 A.M. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Bowman Scurlock follows: and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Absent Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 14 day of July , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN VER COUN�TY/, FLORIDA By . CAROLY K. EGGER Chaix an 37 JUL 141992 BOOK f'H L v xjq PUBLIC HEARING — ORDINANCE PROVIDING FOR REPEAL OF CHAPTER 8 — FIREARMS The hour of 9:05 o'clock having passed, the Deputy County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida 7 I J � 1992 OOUNTY AITOPMEY'S OFFICE COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the Iished in said newspaper In the issues Court, was pub - Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for t e purpose of securing this advertisement for publication in the said newspaper. n Sworn to and subscribed before me this �_ day of ' �� A.D. 19 L�f !� �•• ` usiness Manager) (SEAL) lkiterY Pic - Strafe of RW* Aiyr raw*mw Ear*As .bm 29, 1"a 38 7 am NOTICE The Board of County Commiissionners of Indian Rim Public Hewingty'wtorr payb5m. on Tuesday, ed July 1a, 1992, (this matter was previously adver- Used for June 30 1992) to discuss the hollowing proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUN- TY, FLORIDA, PROVIDING FOR THE RE- PEAL OF CHAPTER 8, FlREARMS, OF THE CODE OF ORDINANCES OF INDIAN RIVER COUNTY AND DECLARING SAME TO BE NULL AND VOID AND OF NO EF- FECT. may wish tory may who decision wt adeat Pum Heerirtg � 1992, will need to ensure that a verbatim record of the proceedings Is made, which Includes testimony and evidence upon which the appeal to based. June 15, 1992 909593 807 Assistant County Attorney Terry O'Brien explained that this has been preempted and probably should have been removed several years ago when they changed the law on the issuance of firearm permits. Chairman Eggert asked if anyone objected to this going forward with only three Commissioners present. There were none. The Board reviewed the following memo dated 6/11/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 111 1992 RE: PUBLIC HEARING - JULY 14, 1992 - REPEAL OF CHAPTER S. FIREARMS Chapter 8 has been preempted by Section 790.33, Florida Statutes. This section of the Florida Statutes has, in effect, declared Chapter 8 null and void. The repeal, therefore, is more editorial than substantive. REQUEST: Staff recommends approval of the attached proposed ordinance. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock , the Board unanimously (3-0, Commissioner Bird being absent) adopted. Ordinance 92-25, providing for the repeal of Chapter 8, Firearms, of'the Code of Ordinances of Indian River County and declaring same to be null and void and of no effect. 39 JUL 141992 I J U L ' 1992 BROOK h "'L X40, 1/22/92(DOCS1)Legal(Ob) ORDINANCE 92-7r AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF CHAPTER 8, FIREARMS, OF THE CODE OF ORDINANCES 00 INDIAN RIVER COUNTY AND DECLAR I NG SAME TO BE NULL AND VO I D AND OF NO EFFECT. F WHEREAS, the State of Florida has preempted the right of local governments to Issue licenses to carry concealed weapons or firearms, and WHEREAS, Chapter 8 which sets forth County licensing procedures for concealed weapons is, therefore, no longer necessary, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County that: SECTION 1. REPEAL Chapter 8 - Firearms of the Code of Ordinances of Indian River County is hereby repealed and declared null and void and of no effect. SECTION 2. EFFECTIVE DATE. This ordinance shall become effective t,nnn becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 14 day of July 1992. This ordinance was advertised in the Vero Beach Press -Journal on the 15 day of June , 1992, for a public hearing to be held on the 14 day of July , 1992, at which time it was moved for adoption by Commissioner bowman , seconded by Commissloner Scurlock , and adopted by the following vote: Chairman Carolyn K. Eggert ke Vice Chairman Margaret C. Bowman Ave e ' Commissioner Richard N. Bird Absent Commissioner Don C. Scurlock, Jr. A Commissioner Gary C. Wheeler ed BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By � ,. 4ar a 40 s � � PUBLIC BEARING - ORDINANCE PROVIDING FOR THE REPEAL IN PART OF CHAPTER 21 - SPECIAL TABES, DISTRICTS AND TWITS OF INDIAN RIVER COUNTY The hour of 9:05 o'clock A.M. having passed, the Deputy County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of L' In the ZI Court, was pub- lished in said newspaper in the issues of l GG �r 0 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office In Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for t purpose of securing this advertisement for publication in the said newspaper. / Sworn to and subscribed before me this day of A.D. 19 7 ,. �-► �� : �.3� . �f`r7re�7Bo r_e' Manager) (SEAL) 41 ``�� JUL 1 NOTICE The Indlen Count Florida Wdes hereby oronoCounty Corroftslonerso Public Hearing scheduled for 05 A.M. on Tues- day, July 14, 1992, to discuss the following pro. Posed ordInance AN ORDINANCE eO INDIAN RIVER COUN- TY, FLORIDA, PROVIDNO FOR THE RE- PEAL IN PART AND EDITORIAL TRANS- FER IN PART OF CHAPTER 21, SPECIAL TAXES, DISTRICTS AND UMTS OF IN- DIAN RIVER COUNTY CODE1978 EDI- TIOII TO CHAPTERS 208, 209 AND 210 OF THE NEW INDIAN RIVER COUNTY CODE. arty moray be made one who Bt the to Pum Heedny�sim� 1992, w61 need to ensure that on July 14, a verbatim record of the proceedings is made, which Includes tes*mrly andel 1992 911571 which Me appeal is based. 811571 807 21100K. Chairman Eggert asked if anyone objected to this Public Hearing going forward today with only three Commissioners present. There were none. The Board reviewed the following memo dated 6/23/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney / ! qty t DATE: June 23, 1992 RE: PUBLIC BEARING - JULY 14, 1992 - REVISIONS OF CHAPTER 219 SPECIAL TAXES, DISTRICT AND UNITS (1976 EDITION) The Board approved a public hearing date of July 14, 1992 for the subject ordinance. REQUEST: Staff recommends approval of the attached proposed ordinance. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Commissioner Bird being absent) adopted Ordinance 92-26, providing for the repeal in part and editorial transfer in part of Chapter 21, Special Taxes, Districts and units of Indian River County (1976 Edition) to Chapters 208, 209, and 210 of the new Indian River County Code. 42 ORDINANCE 92- 26 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL IN PART AND EDITORIAL TRANSFER IN PART OF CHAPTER 219 SPECIAL TAXES, DISTRICTS AND UNITS OF INDIAN RIVER COUNTY CODE (1976 EDITION) TO CHAPTERS 2089 209 AND 210 OF THE NEW INDIAN RIVER COUNTY CODE. WHEREAS, water service is no longer provided through a "Water Municipal Service Taxing Unit"; and WHEREAS, the Fire Protection districts have been consolidated into a new Emergency Services District effective October 1, 1992; WHEREAS, other taxing units are obsolete; and WHEREAS,, a transfer of current taxes and taxing units should be transferred to the new code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. ABOLISHMENT OF OBSOLETE WATER SERVICE TAXING UNIT The following articles of Chapter 21 of the old Code of Indian River County are hereby abolished as follows: Art. IV. Indian River County Water Municipal Service Taxing Unit (Ord. No . 76-24).. Sections 21-35 - 21-44 Art. V. Indian River County Water Municipal Service Taxing Unit (Ord. No. 76-26), Sections 21-45 - 21-53.7 Art. VI. Indian River County Water Municipal Service Taxing Unit (Ord. No. 76-23), Sections 21-54 - 21-62 Art. VII. Indian River County Water Municipal Service Taxing Unit (Ord. No. 76-25), Sections 21-63 - 21-67 Art. VIII.Indian River County Water Municipal Service Taxing Unit (Ord. No. 78-42), Sections 21-68 - 21-71 SECTION 2. ABOLISHMENT OF MISCELLANEOUS TAXING DISTRICT OR UNITS The following articles of Chapter 21 of the old Code of Indian River County are hereby abolished as follows: Art. IX. Solid Waste Disposal and Collection Municipal Service Taxing Unit, Sections 21-72 - 21-84 Art. XIII Indian River County Multipurpose Service Taxing Unit, Section 21-112 - 21-120 43 JUL 14 199-21 pp 1992 2 Art. XVI. South Beach Recreation Path Municipal Service Taxing Unit, Sections 21-151 - 21-160 Art. XX. Breezy Village Mobile Home Park Recreation District, Sections 21-201 - 21-210 SECTION 3. AMENDMENT OF FIRE DISTRICTS. a. The following articles of Chapter 21 of the old Code of Indian River County are abolished effective October 1, 1992: Art. X. Fire Protection Municipal Service Taxing Unit, Sections 21-85 - 21-89 Art. XI. North Indian River County Fire Protection District, Sections 21-90 - 21-100 Art. XIII West Indian River County Fire Protection Municipal Service Taxing Unit, Sections 21-101 - 21-111 Art. XIV. South Indian River County Fire District, Sections 21-121 - 21-140 b. The following Chapter 208 entitled "Indian River County Emergency Services District" is adopted effective October 1, 1992 as follows: Chapter 208 Indian River County Emergency Services District. Sec. 208.01. and boundaries of Indian River Pursuant to Section 125.01(5)(a). Florida Statutes, there is hereby created a dependent special taxing district by the Board of County Commissioners to be known as the Indian River County Emergency Services District. The boundaries of the district shall be all of Indian River County except for that property located within the Town of Indian River Shores. Sec. 208.02. Purpose of district. The district shall be organized for the purpose of providing fire, rescue, emergency medical services, and other emergency services to property and persons within the district boundaries. Sec. 208.03. Governing body. The governing body of the district shall be the Board of County Commissioners sitting as the Board of Commissioners of the Emergency Services District. Sec. 208.04. Powers of district. The district shall have all powers necessary, convenient, or customary to provide fire protection, rescue services, basic and advanced life support services, and other emergency services to the property and people within the district. The powers shall include the power to sue and be sued, own property, issue bonds, employ personnel, make contracts, and do any other act which the Board finds is in the interest of the district. Sec. 208.05. Taxing ability. The district shall be empowered to levy an annual ad valorem property tax of no -to -exceed three and one-half mills. Sec. 208.06. Repeal of existing special districts. The North Indian River County Fire District created by Ordinance No. 80-5, the West Indian River County Fire District" created by Ordinance No. 80-25, and the South Indian River County 44 _I M M Fire District created by Ordinance No. 80-32 are abolished and these ordinances repealed . All assets and liabilities of these three abolished districts shall become the property and responsibility of the new district. Sec. 208.07. Transfer of Employees. Any and all employees of the North, West, and South Indian River County Fire Districts shall become employees of the new district without loss of seniority or pay or other incidents of value accruing by virtue of their employment by the former districts. Sec. 208.08 Withdrawal from district by municipality. Any municipality which desires to withdraw from the emergency Services District may do so by adopting the appropriate ordinance so declaring by April 1st of any year to be effective on October 1st of the following year; i.e., approximately eighteen months later. SECTION 4. LOCAL OPTION GAS TAX Article XIX of Chapter 21 of the old Code of Indian River County "Indian River County Local Option Gas. Tax" is hereby editorially transferred to Chapter 209 - Local Option Gas Tax to read as follows: Chapter 209 Local Option Gas Tax Sec. 209.01 Short title. This article shall be known and may be cited as the "Indian River County Local Option Gas Tax Ordinance . " Sec. 209.01 Levy of tax. There is hereby imposed a six cent ($0.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Indian River County and taxed under the provisions of Florida Statutes, Chapter 206. Sec. 209.02 Effective date. The tax imposition hereby made shall be effective from September 1, 1985 to August 31, 1996, both inclusive. Sec. 209.03 Disposition of proceeds. (a) Pursuant to the interlocal agreement entered into between the county and municipalities within the county representing a majority of the incorporated area population within Indian River County, the proceeds of the tax hereby imposed shall be divided and distributed by the State of Florida Department of Revenue to Indian River County and eligible municipalities in the following proportions: Recipient Indian River County City of Vero Beach City of Sebastian City of Fellsmere Town of Indian River Shores City of Orchid Share of Proceeds (per cent) 67.5567 19.4200 9.9033 1.9567 1.1433 .02 (b) Each year, during the term of the imposition of this tax, the division and distribution of tax proceeds under this article shall be evaluated and recalculated based upon the following formula: The percentage of total revenue allocated to each eligible entity equals one-third of the entity's percentage of total equivalent lane miles of road plus one-third of the 45 �L 4 199 ,e boor 6" [,4,,E ..�U I 4 V9,9 d y entity's percentage of transportation expenditures over the previous five (5) years plus one-third of the entity's total __percentage of population residing in the area based upon the 1984 estimate from the Florida Bureau of Economic and Business Research. By August 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of each year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities become ineligible to receive a share of the local option gas tax for any reason, any funds otherwise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursuant to this section. (d) The distribution formula established herein shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31, but not collected otherwise available for distribution until after August 31, of the year this levy terminates. Sec. 209.05 Utilization of proceeds. Proceeds of the tax imposed herein shall be utilized only for transportation expenditures in accordance with the provisions and requirements of Florida Statutes section 336.025. SECTIONS. TOURIST DEVELOPMENT TAX Article XXV of Chapter 21 of the old Code of Indian River County "Tourist Development Tax" is hereby editorially transferred to Chapter 210 - Tourist Development Tax to read as follows: Chapter 210. Tourist development tax. Sec. 210.01 Taxing district and levy. (a) There are hereby created two (2) taxing districts in which the tourist development tax is imposed. One taxing district encompasses the geographical boundaries of the City of Vero Beach. The second taxing district encompasses the remainder of geographical boundaries of Indian River County. (b) There is hereby adopted and imposed a two (2) per cent tourist development tax in accordance with Section 125.0104, Florida Statutes, on the exercise within each of the taxing districts herein created of the taxable privilege of renting, leasing, or letting, for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6 ) months or less. Sec. 210.02 Tourist development plan. There are hereby adopted the plans for tourist development for each district created by the tourist development council with regard to the specific revenues and expenditures for the first twenty-four (24) months following the levy of the tourist development tax. The plans are attached hereto and by_ this reference are . hereby incorporated as if fully set forth herein. 46 � � r MSec. 210.03 Authorizeai'uses of revenues. r (a) All revenues received pursuant to this article shall be used for the following purposes only: (1) To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more publicly owned an operated convention center, sport stadium, sports arena, coliseum or auditorium within the boundaries of the county or subcounty special taxing district. However, these purposes may be implemented through services contracts and leases with persons who maintain an operated adequate existing facilities; (2) To promote and advertise tourism in the State of Florida and nationally and internationally; (3) To fund convention bureaus, tourist bureau, tourist information centers and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county; (4) To finance beach improvement, maintenance, renourishment restoration and erosion control, including shoreline protection, enhancement, cleanup, restoration of inland lakes and rivers to which there is public access; (5) Until such time as Indian River County reaches a population of five hundred thousand (500,000) based on the most recent population estimates prepared pursuant to the provisions of Section 186.901, Florida _ Statutes, as in effect on July 1st of each year, tax revenues received pursuant to this article may also be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more museums, zoological parks, fishing piers or nature centers which are publicly owned and operated or owned by not-for-profit organizations are open to the public. (b) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenues bonds issued by the county for the purposes set forth in section (a) (1) or up to fifty (50) per cent of the revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in section(a•)4. SECTION 4. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance -and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 5. EFFECTIVE DATE This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this ." _ day of July 1992. 47 MOK J U L J4 1992 L JUL i bg 1992 13©rIK 6b Fr��o This ordinance was advertised in the Vero Beach Press - Journal on the 22 day of June , 1992, for a public hearing to be held on the 14 day of July , 1992, at which time it was moved for adoption by Commissioner Bowman was seconded by Commissioner the following vote: Scurlock Chairman Carolyn K. Eggert Vice Chairman Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Richard N. Bird Commissioner Gary C. Wheeler and the motion , and, adopted by Aye Aye Aye Absent Resigned BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By z X4 - Carolyn K; Eggert Chairman REFINANCING $9,855,000 REFUNDING AND IMPROVEMENT REVENUE BOND SERIES 1985 The Board reviewed the following memo dated 7/8/92: TO: Members of the Board of County Commissioners DATE: July 8, 1992 SUBJECT. REFINANCING $9,85SP0 REFUNDING AND DMOVEMENT BOND - SERIES 1985 FROM. Joseph A. Baird • OMB Director Indian River County has a $9,855,000 bond issue with a term of 20 years and an average interest rate of approximately 9%. Presently there is $8,275,000 in principal remaining and 14 more annual payments. The Financial Advisory Committee in the past has recommended looldng into refinancing this bond issue; however, due to the Treasury regulations this was not feasible. Recently the regulations have been changed which could potentially give the county the ability to refinance this bond issue without a substantial transfer of proceeds penalty. This coupled with the current low interest 'rates, (approximately 6.25% on a 20 year bond rated AAA), it is in the best interest of the county to attempt to refinance the bond issue. 48 Staff is requesting permission to have our financial adviser send out negotiated sale bond proposals to the four short listed firms previously approved by the Board. They are: Prudential Bache A. G. Edwards, Inc. William R. Hough and Company Raymond James and Associates, Inc. APPROVED AGENDA ITEM: BY: 1�2_--- /- James E. Chandler County Administrator FOR: July 14, 1M Chairman Eggert understood that OMB Director Joe Baird had received approval of the Finance Advisory Committee on this matter, and Director Baird stated he also would like to look at the other bond issue of $1.6 million. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (.3-0, Commissioner Bird being absent) authorized staff to have the financial adviser send out negotiated sale bond proposals to the four short-listed firms previously approved by the Board to include both bond issues of $9.85 million and $1.6 million. 49 JUL 14 1992 'JL 14 1992 ADMINISTRATIVE POLICY MANUAL - GRIEVANCE PROCEDURE P,0 Jr' 8, P".uC J -5,F) The Board reviewed the following memo dated 7/7/92: To: James Chandler, Date: July 7, 1992 County Administrator From: Jack Price, PersonneSub: Administrative Policy Manual --------------------------------------------------------- Attached is the Administrative Policy Manual unit "GRIEVANCE PROCEDURE", page 1, which revises the unit dated 6-1-89 in the Personnel Section of the manual. This revision affects items: I. c. in which the term "physical handicap" is changed to "disabilities", and 3. in which the words "law or" are added in the third line. The changes are designed to align County grievance processes with the requirements of the Americans With Disabilities Act. This policy revision has been reviewed by your staff, the Executive Aide to the Board of County Commissioners and the County Attorney. Thanks for your assistance. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved the revisions to the Administrative Policy Manual unit "Grievance Procedure", as set out in the above staff recommendation. 50 SECTION NUMBER ADMINISTRATIVE PERSONNEL AM -904.1 POLICY MANUAL SUBJECT GRIEVANCE PROCEDURE POLICY: DATE EFFECTIVE 07-21-92 PAGE 1 OF 3 It is the policy of the County to encourage employees to bring to the attention of management their complaints about work related situations. Employees will be provided with an opportunity to present their complaints and appeal decisions by management through a formal complaint and grievance procedure. All complaints or grievances will be resolved fairly and promptly. co—M LENT: !—.A grievance may be defined as an employee's expressed feeling of dissatisfaction concerning conditions of employment or treatment by management, supervisors, or other employees. Examples of actions which may be causes of grievances include: A. Application of County policies, practices, rules, regulations, and procedures believed to be to the detriment of an employee; b. Treatment considered unfair by an employee, such as coercion, reprisal, harassment or intimidation; c. Alleged discrimination because of race, religion, color, sex, age, marital status, national origin, disabilities or any other non - merit factor; and d. Improper or unfair administration of employee benefits or conditions of employment such as vacations, fringe benefits, promotions, retirement, holidays, performance review, salary, or seniority. 2. Supervisors are responsible for ensuringthat the ce is fully processed until the employee is stisfied withlthe ndecision or until the employee's right of appeal is exhausted. No employee shall be penalized for using the County's grievance procedure, unless repetitive unmeritorious grievances are viewed as abuse of the procedure. 3. Any grievance filed shall systematically follow the grievance procedure as outlined herein, and shall refer to the provision or provisions of law or County policy, practice, procedure, rule, or regulation alleged to have been violated, and shall adequately set forth the facts pertaining to the alleged violation, and the remedy or correction sought. 51 � fa JUL 14 1992 NOOK U6 EJ 7 IMPROVEMENTS TO SR AIA - TRAFFIC IMPACT FEE DISTRICT 2 FUNDING The Board reviewed the following memo dated 7/6/92: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Direct; SUBJECT: Improvements to SR AlA - Traffic Impact Fee District 2 Funding REF. LETTER: Letter.to James Davis from Dale Bathon, City of Vero dated June 24, 1992 DATE: July 6, 1992 FILE: alawid.agn DESCRIPTION AND CONDITIONS The City of Vero Beach City Council is changing the design of a proposed traffic signal system for SR AlA at East Causeway Boulevard. A tubular steel mast arm design was chosen as the replacement for the existing span -wire signals at the aforementioned intersection. Due to a recent City Council decision, it will now be necessary for the City's consultant, Reith & Schnars to redesign the traffic signalization plan. This cost will be approximately $3,500, and the City is requesting that Traffic Impact Fees be used to cover this cost. RECOMMENDATIONS AND FUNDING Staff has considered this request and recommends that $3,500 be allocated to the City of Vero Beach from District 2 Traffic Impact Fees for the South AlA intersection improvements. Commissioner Bowman asked how much money is left in the District #2 account, and Public Works Director Jim Davis advised that $1.3 million has been collected since March, 1986 and there is approximately $900,000 left. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) approved the $3,500 allocation to the City of Vero Beach from the District 2 Traffic Impact Fees for the South AIA intersection improvements, as recommended by staff. 52 I FINANCIAL RESPONSIBILITY COMMITMENT - DEEP INJECTION WELL The Board reviewed the following memo dated 7/1/92: DATE: JULY 1, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FINANCIAL RESPONSIBILITY COI�IITM�IT DEEP INJECTION WELL INDIAN RIVER COUNTY PROJECT NO. IIS -91 -01 -ED BACKGROUND On September 24, 1991, the Board of County Commissioners approved the professional services agreement between Indian River County and CH2M Hill, Inc., Deerfield Beach, Florida, for the design, permitting, bidding, and resident engineering inspection services for a deep injection well at the proposed location on the County landfill property (see attachment). ANALYSIS Pursuant to the requirements of Chapter 17-28.27(9) of the Florida Administrative Code, the DER may order a well plugged if it is determined that there is a threat to the waters of the State. The permit shall require the permittee to maintain financial responsibility and resourcess, in the form of performance bonds or another equivalent form of financial assurance approved by the Department of Environmental Regulation to close, plug, and abandon the underground infection operation in a manner prescribed by the DER. The current plugging and abandonment cost is estimated at $291,050.00. This cost shall be reviewed on an annual basis, and this obligation shall incorporate accumulated inflation costs. RECOMMENDATION The Department of Utility Services recommends the acknowledgment and approval of the Certification of Financial Responsibility as attached, which must be submitted to the Department of Environmental Regulation as a requirement to the issuance of the subject construction and operation well permit. 53 N �00K. C FAut jib J U L 14 1992 II, MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board acknowledge and approve the Certification of Financial Responsibility regarding the deep injection well at the County Landfill, as recommended by staff. Under discussion, Commissioner Bowman felt that for that kind of money we could buy a lot of wasteland in the western part of the county to start building a marsh where we could put our effluent forever and ever. Director Pinto explained that even if we do a wetlands/marsh project, we still are required to have an alternative. Commissioner Bowman admitted that a marsh project is a long- range plan, but she still felt we need to be thinking about it, and Director Pinto advised that we are looking at the long range scenario, but the dollar cost of this deep well is 3-4 times less than an effluent marsh. He stressed that we are not spending any money now; we just are saying that if we have to plug this at some point, we are committing to doing that. Commissioner Scurlock pointed out that we are incurring $350,000 in engineering fees. He had the same concerns about deep well injection as Commissioner Bowman, but felt it is the appropriate alternative at this point. Commissioner Bowman asked how we made out during last month's 22 inches of rainfall, and Director Pinto advised that we had major, major problems trying to get rid of the effluent. He would prefer to pursue the wetlands/marsh alternative, but it is a matter of what we can afford. 54 THE CHAIRMAN CALLED FOR THE QUESTION. The Motion failed by a vote of 2-1 (Commissioner Bowman dissenting); a unanimous vote being needed with only three Commissioners present. Commissioner Scurlock urged the Board to reconsider this again in August with all four Commissioners in attendance because this stops the permitting process. Attorney Collins advised that may be done, and Director Pinto said that staff would bring it back to the Board at a later date. Commissioner Bowman stressed that this is the only opportunity she has had to bring to everyone's attention the possibility and feasibility of establishing an effluent wetlands/marsh project similar to the one in the Ft. Christmas area which she feels is just fabulous. She still maintained that we should chuck the deep well injection and go for a long-range plan of a wetlands/marsh for the disposal of effluent. Administrator Chandler advised that this matter will come back at the August 4, 1992 meeting when four Commissioners will be present. Commissioner Bowman wished to point out that no good environmentalist will ever vote for deep well injection. She felt we need the courage to go ahead with a wetlands/marsh project. Director Pinto emphasized that we already have committed the County to using effluent and that the deep well is just an alternative required by the State. CLOSURE OF DEVELOPER'S AGREEMENT - SEXTON PROPERTIES OF VERO BEACH, INC. The Board reviewed the following memo dated 7/1/92: 55 1 JUL 14 1 J-0 0 i 14'r �i DATE:. JULY 1, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY S VICES PREPARED WILLIAM F. MCCAI AND STAFFED CAPITAL PROJECTS WEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: CLOSURE OF SEXTON DEVELOPER'S AGREEbfflNT SEXTON PROPERTIES OF VERO BEACH, INC. On April 3, 1990, the Indian River County Board of County Commissioners approved a developer's agreement with Ralph Sexton of Sexton Properties of Vero Beach, Inc. (see attached). The agreement was for reimbursement due to oversizing of a water main system; details of this reimbursement are included in the agreement. ANALYSIS In -the original agreement, the amount of reimbursement was to be $10,708.00 and was to be accomplished by the rebate of 50% of all impact fees paid by Sexton and the surrounding properties. The owner has proposed to take a reduced payment of $9,267.00 (total) if the Utility Department will release funds now. Currently, the developer has been paid $1,941.00, leaving a balance of $8,767.00 out of the original agreement amount owed. If this is approved, a final payment of $7,326.00 would be made. This not only saves the County money up front, but also reduces bookkeeping and accounting over an unknown period of time (see attached letter dated June 15, 1992 from Mr. Sexton). RECOMMENDATION The staff of the Department of Utility Board of County Commissioners authorize Mr. Ralph Sexton as outlined above. Services recommends that the the payment of $7,326.00 to Imbn Finer Ga Approved Date Admin. 7 &—`Y? Segel , 3udgot Uttiitiec - � oZ Flick Mgr. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) authorized payment of $7,326.00 to Ralph Sexton as outlined in staff's recommendation. 56 s F� DISCUSSION REGARDING DISQUALIFICATION OF SCHOPKE CONSTRUCTION COMPANY AS AN ACCEPTABLE BIDDER Chairman Eggert asked Mr. Schopke if he would like to go forward with this today or wait until the meeting of August 4 when all four Commissioners will be present, and. Mr. Schopke stated that he wished to go forward today. Assistant County Attorney Terrence O'Brien referred to the following letter received from Mr. Schopke's attorney, Bruce W. Jacobus and presented staff's recommendations of 6/25/92: General Contracting o Contract Management Underground Utilities C ; Claims Administration En ine ' ces I114C Engine Disbursement Rev�.ews SCHOPKE CONSTRUCTION & ENGINEERING, INC. y. t./6f 1620 TANGERINE STREET * MELBOURNE; FLORIDA b ' M us -r t RFC 1,992 , PHONE (RG A012794 ENG. 7-9354 e # 87,2 23.129 ,' M� iz. i " e Fi I :rel MtW � n �f0*1 FAS F Personnel - �,�:�'` PuNiC Works � In z River County Community 001. Board of County Commissioners Utilities ' Vero Beach, Florida 32960 Finance Other - REF: INDIAN RIVER COUNTY v. SCHOPKE CONSTRUCTION & ENGINEERING, INC., -Pt. al. Dear Commissioners: As you may know, Indian River County has brought suit against Schopke Construction & Engineering, Inc., for the alleged defects in the electronic system of Phase II of the Indian River County Jail. Schopke Construction has filed a Third -Party Complaint against those responsible for the defects; that being, Norman K. Dean, Inc., and its bonding company, Integon Indemnity Corporation, Electronic Control Security, Inc., the manufacturer of the electronic panel, and W.R. Frizzell Architects, Inc., the architectural company who provided the design and specifications for the electronic system. Schopke's contract was directly with the County and, there- fore, Schopke legally has liability, although its liability is vicarious; that is, it is liable because one or all of the Third - Party Defendants did not comply with the plans and specifications in the installation and manufacturing of the electronic control system. There have been numerous hearings in this case by the various parties to get the pleadings in order, and to move on in the discovery phase. Judge Smith has recently Court Ordered a mediation of this matter to be set in the near future. The County Attorney has requested on two occasions that Schopke admit liability in this case by Stipulation or be forever barred from doing business in Indian River County. My attorney and I met with the County Attorney and advised him that we could not stipulate to liability as that could prejudice our case against the Third -Party 57 r� P K fr,t A [JUL 14 9 Defendants, and might preclude us from recovering against them. The County Attorney agreed that he would move for a partial Summary Judgment on liability and that Schopke Construction would not oppose the Summary Judgment. the Court would then determine the issue of liability. At the meeting, the County Attorney was advised that the Third -Party Defendants would certainly argue against the entry of a partial Summary Judgment and that Schopke Construction had no control over the Third -Party Defendants. That is, in fact, what happened. The Third -Party Defendants argued against the Summary Judgment and it was denied. We,. however, fulfilled our agreement in every way as we said we would. The County Attorney has now changed his mind once again requesting that we admit liability by Stipulation which we still cannot do for the reasons outlined above. The County Attorney has advised Schopke Construction that if it does not admit liability then he will take the matter to the County Commission and have Schopke Construction barred from further work with Indian River County. I am incensed by his tactics ,in that every person is entitled to their day in Court. Schopke Construction has enjoyed a long history with Indian River County, and has built many successful projects for the County. It is unfortunate that there is a problem with the elecontronics in Phase II. However, Schopke Construction is doing all that it can in that case to get a settlement and satisfaction from the parties that are responsible. To require Schopke Construction to admit liability or be barred from any further construction contracts with Indian River County is totally unjust and unfair and I hope that You will not take the action that is requested by the County Attorney. Enclosed is a copy of the hold -harmless letter from Integon's attorney. It is specific concerning the reservation of rights and specifically why Schopke Construction cannot do what the County Attorney demands. We sincerely hope* you will allow us our day in Court. Sincerely, SCH RUCTION Neil SchopP.E. President NS:aw enc. & ENGINEERING, INC. 58 TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 15, 1992 RE: DISQUALIFICATION OF SCHOPKE CONSTRUCTION COMPANY AS AN ACCEPTABLE BIDDER The attached item was prepared in January of 1992 for consideration by the Board in February. However, the item was removed from the agenda after a meeting with Mr. Schopke and his attorney wherein we felt that agreement had been reached as to the course of conduct by Schopke that would constitute "good faith". We have sought to have Mr. Schopke admit liability to the County but he has refused to do so . We have not, asked that he agree to damages only that he admits that he is liable to the County. Damages would be treated separately - In view of the foregoing, please review the attached memorandum of January 24, 1992 and, if you agree with staff, adopt the attached letter notifying Schopke of his disqualification as an acceptable bidder on County construction projects. TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney Orpe - e DATE: January 24, 1992 SUBJECT: DISQUALIFICATION OF SCHOPKE CONSTRUCTION COMPANY AS AN ACCEPTABLE BIDDER Schopke Construction Company (Schopke) was the prime- contractor on the construction of Phase II of the new County Jail. As a result of the installation of a defective Electronic Detention and Control System by the sub -contractor Norman K. Dean & Associates through the sub -subcontractor Electronic Control Security, Inc., (ECSI), the County was required to hire another electronic firm to properly install a working system. The hiring of this replacement sub -contractor resulted In the considerable expense to the County. It also resulted in the County suing Schopke. A , brief recapitulation of key events is set forth as follows: - Schopke is awarded the contract to construct Phase II of the new County Jail. Project is bonded by Hartford Insurance Co. - Schopke appears before the BCC on August 13, 1986 through Mr. Crosby who asks permission to substitute ECSI, an unapproved electronic systems contractor, for ESI, an approved electronic systems contractor. Mr. Crosby states that if the substitution is not allowed Schopke will not honor his contract. BCC after much deliberation agrees to allow the substitution. 59 JUL 14 1992 .r ECSI installs. the Electronic Detention and Control System. - The system never operates properly. There are a series of malfunctions after malfunctions. - Schopke takes no action to secure from Dean or Integon payment to the County. - Indian River County sues Schopke. - Schopke vigorously defends the law suit. - Schopke files a motion to dismiss and states as grounds: "The plaintiff has failed to allege that it contracted directly with Norman K. Dean & Associates, Inc., for material modifications to the Detention and Electronic Controls systems subsequent to the Plaintiff's contract with the Defendant, Schopke. The direct contract with Norman K. Dean & Associates, Inc., and the Plaintiff is the contract under with the problems as alleged in the Amended Complaint occurred." - The motion is denied. - Schopke in its Answer to Indian River County's complaint states as follows: "Denied, in that the County in particular has failed to properly notify the contractor of the defect and contracted directly first with the sub -contractor, Norman K. Dean & Associates, Inc., and then with Blevin's Electric, without the consent or permission of the contractor." "The Defendant Schopke would affirmatively assert that the Plaintiff has failed to mitigate its damages by entering into a contract with a new contractor for a contract price that exceeds the initial contract rather than attempting to repair whatever defect existed." 60 M L - Schopke and Hartford are notified of the problems. - Schopke, by its President appears before the Board of County Commissioners on June 13, 1989 to discuss the failure of the Detention Electronics and states "We're looking to Norman K. Dean to, Norman K. Dean's bonding company to foot all costs on this if this doesn't work." At this meeting Mr. Vitunac stated "Mr. Schopke, do you agree to that, if, after three weeks from today the problem is not solved we can be back in the same status we are today; that is, ECSI n Q would be off the job and we would be pursuing our own s z remedies with an independent contractor?" and Mr. Schopke `n replied, "I understand. I have no problems with that. I ¢ think that you're very lenient in allowing us --." } C'6 Q w oAt IN the July 18, 1989 meeting Schopke's president appeared and the matter of the continuing failures was discussed, as well as the hiring of a new contractor to do the work. - Countyhires Blevins to repair pair and replace the Electronic oDetention and Control System. Blevins follows the prepared v specifications and delivers a workable system which the County o ' pays for. > U a - Schopke is subsequently awarded two County construction ad contracts. - Schopke takes no action to secure from Dean or Integon payment to the County. - Indian River County sues Schopke. - Schopke vigorously defends the law suit. - Schopke files a motion to dismiss and states as grounds: "The plaintiff has failed to allege that it contracted directly with Norman K. Dean & Associates, Inc., for material modifications to the Detention and Electronic Controls systems subsequent to the Plaintiff's contract with the Defendant, Schopke. The direct contract with Norman K. Dean & Associates, Inc., and the Plaintiff is the contract under with the problems as alleged in the Amended Complaint occurred." - The motion is denied. - Schopke in its Answer to Indian River County's complaint states as follows: "Denied, in that the County in particular has failed to properly notify the contractor of the defect and contracted directly first with the sub -contractor, Norman K. Dean & Associates, Inc., and then with Blevin's Electric, without the consent or permission of the contractor." "The Defendant Schopke would affirmatively assert that the Plaintiff has failed to mitigate its damages by entering into a contract with a new contractor for a contract price that exceeds the initial contract rather than attempting to repair whatever defect existed." 60 M L r "The Defendant Schopke would affirmatively assert that the Plaintiff entered into a contract directly with Norman K. Dean & Associates, Inc., or ESCI or both, for substantial modification to the electronics control system, and that the alleges problems are associated with the modification and the Plaintiff should look directly to Norman K. Dean & Associates, Inc., for relief." "The Defendant Schopke would affirmatively assert that the Plaintiff did not properly notify Schopke of the alleged defects and problems with the electronics control system and did not permit Schopke an opportunity to adequately provide repairs to it in a timely manner . " "The Defendant Schopke would affirmatively assert that the design of the control system was made by the Plaintiff's agent, W. R. Frizzell Architects, Inc., and that any alleged problems are due to a defective design by the Plaintiff's agent, and are not a result of any faulty workmanship in installation." - Schopke files third -party action against Norman K. Dean, Integon, ECSI and Frizzell Architects. - Third -party defendants seek dismissal, the court denies their motion. The 4th DCA affirms. - December 5, 1991 - I write and request a stipulation as to liability only, damages being a separate matter. - January 22, 1992 - Bruce Jacobus, Attorney for Schopke, informs me by telephone that he cannot agree to stipulate. The attitude exhibited by Schopke in this matter is totally contrary to the County's requirement of good faith which reads as follows from Purchasing Manual. 1.1.04 REQUIREMENT OF GOOD FAITH These Policies require all parties involved in the negotiation, development, performance, or administration of County contracts to act in good faith. For Schopke to , assert that the County "did not properly notify Schopke of the alleged .defects and problems... and did not permit Schopke and opportunity to adequately provide repairs to it in a timely manner" is blatantly. contrary to what transpired before this Board. It is a total lack of good faith. In view of the foregoing, it is recommended that Schopke Construction and Engineering, Inc., and Neil Schopke, President, be disqualified forever from being a bidder, contractor, or subcontractor on any Indian River County Projects. This disqualification to also apply to any bids currently under consideration. A letter notice of disqualification is attached for approval. TPO/sb 61 lndim Fhva Ca Approved Date Admin 2- 1.34,7 Legal PC - If- 92 Budgel -(a_ Dept Z-�i- sz Risk Mgr. JUL i4 199? Attorney O'Brien advised that we have a policy in our Purchasing Manual that requires all parties involved in the negotiation, development, performance, or administration of County contracts to act in good faith, and since Mr. Schopke has not acted in good faith, the County Attorney's Office is recommending that the Board disqualify Schopke Construction Company as an acceptable bidder on County construction projects. Bruce W. Jacobus, attorney representing Mr. Neil Schopke, pointed out that Mr. Schopke's company has enjoyed an excellent reputation with the County for many years. He has done projects before Phase II of the Jail and has done projects subsequent to the construction of Phase II of the Jail. The Jail has a problem with the electronics, which is known by all of us. On behalf of the County, Attorney O'Brien filed a suit in 1990 against Mr. Schopke for the repair that was made by the County. The County's contract is with Mr.,Schopke. In the contract, Mr. Schopke sued Norman R. Dean, Dean's bonding company, Electronic Control Security, Inc (ECSI), and architect William Frizzell, because Dean's defense is that the design was wrong and that they built it the way Mr. Frizzell said and it wouldn't work. The fact of the matter is that Mr. Schopke's firm is in the middle. Schopke is obligated to the County, but they also have contracts with the other people who are going to have to pay them (Schopke). Attorney Jacobus explained that Assistant County Attorney O'Brien wants Schopke to admit liability in this matter, but he has advised his client to resist admitting liability. There are two parts to liability -- responsibility and how much has to be paid. Attorney O'Brien wants Schopke to admit the first part, which is the liability. In a meeting with Attorney O'Brien and Attorney Vitunac, we said that by admitting liability we may prejudice our claims against the other defendants. If we say by Stipulation that Schopke is at fault, the other defendants may fight and say that it is W. R. Frizzell's fault. Attorney Jacobus advised that they did 62 L not oppose the Summary Judgment before Judge Smith, but Norman K. Dean certainly did because they couldn't let liability be determined in that manner. So, Schopke lived up to their part of the bargain. There is a dispute between the County and Schopke. In this particular case, it is being resolved in the courts. Judge Smith has ordered mediation. The County is protected; there is a bond from Hartford Insurance Co. The County will receive its money, or a portion of it as there is some issue about the amount, and will receive interest on that money. Attorney Jacobus anticipated that this will be resolved in the court ordered mediation and that will be the end of the case. He felt it is grossly unfair for the County to say that unless Schopke does this or that in this lawsuit, they will bar Schopke from working for Indian River County in the future. Mr. Neil Schopke stated that he has been doing business here in Indian River County since 1969 and has had one sub -contractor go sour during that amount of time. He noted that his firm built the new Main Library for the County, and Commissioners Eggert and Scurlock agreed he did a beautiful job on the Library. Mr. Schopke felt it was grossly unfair to take away his right to do business with the County because of one sub -contractor over 23 years of work. After lengthy discussion and debate, Commissioner Scurlock asked how far away we are from mediation in this matter, and Attorney Jacobus advised that it might be late in September or early October. Quite frankly, they are trying to get Norman K. Dean and their bonding company to really contribute to the settlement. Norman K. Dean's defense is that Frizzell's design was incorrect. There is a little bit of everything in this case and it will have to be sorted out. He believed that ultimately everybody will contribute something to the settlement and, hopefully, everything will be resolved. There is no binding mediation in this situation. Every circuit court does mediation now, which allows 63 JUL 14 1992 resolved. Commissioner Scurlock felt that perhaps we should wait until after mediation to make a determination in this matter, and Commissioner Bowman agreed that this whole action is out of synchronization and is premature. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Commissioner Bird being absent) deferred any action on this matter until after mediation has occurred. Attorney O'Brien advised that the mediation process requires the County to name a County representative who would be the focal point. The representative won't bind the County or anything, but he will attend all the mediation hearings and come back with`his recommendation. Attorney O'Brien requested the Board to appoint General Services Director Sonny Dean as the County's representative seeing that Mr. Dean handled Phase II of the Jail and is most familiar with it. Commissioner Scurlock felt there should be more than one person to represent the County in mediation, but Attorney Collins advised that an attorney from the County will be there also. Commissioner Scurlock just wanted Mr. Dean to have enough assistance in that capacity, and Chairman Eggert felt we should make it clear that our attorney is part of the negotiation team. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) designated General Services Director Sonny Dean as the County's representative to attend the mediation sessions. 64 everyone to focus on the case, and 80% of the time the cases are resolved. Commissioner Scurlock felt that perhaps we should wait until after mediation to make a determination in this matter, and Commissioner Bowman agreed that this whole action is out of synchronization and is premature. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Commissioner Bird being absent) deferred any action on this matter until after mediation has occurred. Attorney O'Brien advised that the mediation process requires the County to name a County representative who would be the focal point. The representative won't bind the County or anything, but he will attend all the mediation hearings and come back with`his recommendation. Attorney O'Brien requested the Board to appoint General Services Director Sonny Dean as the County's representative seeing that Mr. Dean handled Phase II of the Jail and is most familiar with it. Commissioner Scurlock felt there should be more than one person to represent the County in mediation, but Attorney Collins advised that an attorney from the County will be there also. Commissioner Scurlock just wanted Mr. Dean to have enough assistance in that capacity, and Chairman Eggert felt we should make it clear that our attorney is part of the negotiation team. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) designated General Services Director Sonny Dean as the County's representative to attend the mediation sessions. 64 REQUEST FROM SHERIFF DOBECR FOR AUTHORIZATION TO ADVERTISE AN ORDINANCE RELATED TO CIVIL SERVICE PROTECTION FOR SHERIFF'S EMPLOYEES Withdrawn. This item requires a special act or general law passed by the State Legislature. APPOINTMENTS TO WHEELER'S COMMITTEES Withdrawn until four Board members are present. CLARIFICATION ON INDIAN RIVER SHORES LAND SWAP The Board reviewed the following letter dated 7/1/92 received from J. C. Dorsky: MAYOR: FRITZ GIERHART VICE MAYOR: ROBERT J. SCHOEN COUNCIL: GEORGE P. BUNNELL JOHN C. McDONALD JEAN SHAW TOWN MANAGER: JOSEPH C. DORSKY July 1 Mrs. Carolyn Eggert, Chairman Board of County Commissioners 1840 - 25th Street Vero Beach, Florida 32960 TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A, INDIAN RIVER SHORES, FLORIDA 32963 (407) 231-1771 FAX (407) 231-4348 DISTRIBUTION LIST __ Adm:rIsbUir %— 39 31 ;• Attc �. �;;; `o � ,•' Ofiner Dear Mrs. Eggert: This refers to the proposed exchange of land between the County and Indian River Shores. Commencing last October, in response to a recommendation of the Parks and Recreation Committee, the Town and County have been looking into the feasibility of exchanging Gifford Park for the five acre tract the County owns in Indian River Shores. After some lengthy discussions with the County concerning terms as related to the properties' values, I attended a Commission meeting on January 14, 1992 when the matter was considered. 65 JUL 141992' 8 0 0 K C , Ft.,E 1' The County Commission expressed a concern that the property >e designated for public use and that the total County piece `be exchanged for Gifford Park for a differential amount of $125,000 which reflects the difference in appraised values. I concurred with this, provided that the county would have first right of refusal if the Town were to find that it did not have a public use for the property at some time in the future. It was my understanding at the meeting on January 14th that this was agreeable with the County Commission. Recent communication with the County Attorney has indicated that this was not agreeable with the County Commission. My Council feels that the Town should be able to dispose of the property at its fair market value in the event no public use is forthcoming. at some time in the future. This would only be fair since the prices on our two properties are based on market values. Presently, there are two or three possible public uses projected for the County parcel. If the County Commission feels that a perpetual public use desig- nation should be attached to the County piece, the Indian River Shores Council is agreeable. However, they do not feel under such conditions that there should be a cash differential reflect- ing appraised values that do not apply. The Town would be get- ting five acres of land for public use in exchange for 28 acres of land for public use. A very fair trade for the County. I would like to clear up the terms of the proposed exchange, inasmuch as it seems that my understanding of our verbal agree- ment may be incorrect. Chairman Eggert remembered that when we first discussed this swap, it was agreed that the County would have the right of first refusal, but when the papers came back at a subsequent meeting, that wasn't included and she didn't catch it. Administrator Chandler explained that when it was presented to the Commission at the meeting of January 21, 1992, he indicated in his memo to the Commission that the Town Manager indicated that he would recommend the provisions relating to restricting the use for public purposes and the first right of refusal, which was one of 66 the directions given by the Commission at the November meeting. The County subsequently held a public hearing in March, 1992 and final approval was given by the Commission. He gathered that part of the problem may have been that none of this was included or incorporated into the Motions that were made, but that was part of the recommendation in January. Deputy County Attorney Will Collins recalled that during the discussion at the January meeting Commissioner Scurlock spoke of restricting it to public use and the right of first refusal. The Motion, as it was stated, did not include that right of first refusal, but he felt there is a larger question here. Both in Administrator Chandler's report and Commissioner Scurlock's discussion, it was said "restrict to public use and a right of first refusal". The discussion today seems to be as if the intent was "restrict to public use or a right of first refusal", which are two very different things. He explained that if it is "restrict to public use" and the County has the right of first refusal, that means that if the Town ever wishes to dispose of it, they will come to the County and offer the County the opportunity to match any contract. However, if it is "and restrict to public use", then the Town is limited to selling that property to school boards, state park systems, water control districts, and things of that nature. Commissioner Bowman added land trusts and conservation trusts to the list. Commissioner Scurlock recalled that his feeling had been that this particular piece of property was significantly more valuable than maybe some people felt and his concern was that if we were going to make a trade or enter into some arrangement with the Gifford Park with some money or some other consideration, that we get our full value. In fact, he made the statement at that meeting that we should not trade a filet mignon for a hot dog. He had the concern that maybe there was an interest in not having a park at a public facility, period, since there is adjacent residential Ci17 'JUL 14 1992 L_ jkj property. In looking at that, he came up with a number of lots that possibly could be sold off and it seemed like a significant potential there since it is oceanfront property. His feeling was that he didn't want to see an unfair trade for the County. Commissioner Scurlock felt that a limited, passive recreational area there is well suited and compatible to the existing residential. That is where he was coming from at that meeting in terms of not wanting that property to be sold since we are taking what he feels is a parcel of lesser value. That was his thought process. Chairman Eggert asked if Commissioner Scurlock supported an "and" or an "or" first refusal, but Commissioner Scurlock stated that he didn't understand the "and" or "or" in a sense. To him. when you say that it is restricted to public use, then the only people they possibly could sell to would be another public entity, and he didn't have a problem with that. Chairman Eggert understood then that Commissioner Scurlock had intended "and the right of first refusal". Town Manager Joe Dorsky advised that all the Town is concerned about is that they get equal value. He noted that both pieces of property were appraised by the same appraiser and that at least at this point we have to feel that he did an equally credible job on both pieces. However, if the piece that the County now owns is going to be perpetually restricted for public use, then it is not worth what the appraiser appraised it at because he appraised it for private use. Commissioner Scurlock pointed out that the County has a 12 - year lease on the Gifford Park, which has a value to it also. Attorney Collins pointed out that if we had to come back in 12 years and purchase a park or trade a park, he would suspect that the beach front park property would have appreciated significantly more than the Gifford Park site. 68 Administrator Chandler emphasized that the overall consideration in making the recommendation was that the public would continue to benefit from the beach front property. Chairman Eggert understood that we now stand in agreement, which is that we meant to say that the beach front property is going to be held for public use, that we expect the $125,000, and that we would be given the right of first refusal. Mr. Dorsky stated that he understood the clarification. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioner Bird being absent) clarified that the differential amount is $125,000, that it would remain as public use "and" the County would have the right of first refusal. Chairman Eggert advised that a letter to that effect will be sent to the Town of Indian River Shores. 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 10:32 o'clock A.M. ATTEST: J. Barton, Clerk Caro n K. E t, Chairman 69 mnK. Ci r FAvE e� tl "� I