HomeMy WebLinkAbout10/20/1992BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBER 20, 1992
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman (Dist. 2)
Margaret C. Bowman, Vice Chairman ( Dist. 1)
Richard N. Bird (Dist. 5)
Don C. Scurlock, Jr. (Dist. 3)
John W. Tippin ( Dist. 4)
9: 00 A. M. 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - Rev. Elinor O'Malley, Minister
Science of Mind Center
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
1. As Item 7H - Ken Macht's Bond (Reissued due to error
on bond when originally issued)
2. As Item 8A - Continuation of Courthouse Advisory
Committee
3. As Item 12B - Heritage Village Unpaid Utility Bills
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Minutes of Regular Meeting of August 4, 1992
B. Minutes of Regular Meeting of August 11, 1992
C. Minutes of Special Meeting (Prel. Budget) of
September 9, 1992
7. CONSENT AGENDA
A. Release of Easement Request By: GHA, Grand
Harbor Limited, Tract "T" - Grand Harbor, Plat 4
( memorandum dated October 6, 1992 )
B. Indian River County, Dept. of Utility Services'
Request for Site Plan 6 Special Exception Use
Approval Extension
( memorandum dated October 2, 1992 )
C. Lease Agreement "Caddymaster Company"
( memorandum dated October 12, 1992 )
CT 20 j9pZ
BOOK 87 PmE 842
OCT 2 ® iqu Bou 87 PAGE S43
7. CONSENT AGENDA (cont'd. ):
D. Award of Bid 3012 / Caustic Soda
( memorandum dated October 12, 1992 )
E. Award of Bid #3014, #3015 / Reroofing
Felismere Fire Station E Reroofing Fire
Station #3
( memorandum October 13, 1992 )
F. Release of Utility Liens
( memorandum dated October 13, 1992 )
G. Cancelling Taxes on R/W Acquisition
( memorandum dated October 7, .1992 )
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
A. Pension Fund r
( memorandum dated October 13, 1992)
B. I.R. Correctional Institution Contract
( memorandum dated September 30, 1992 )
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. Lease of County's Air Curtain Incinerator
( memorandum dated October 14, 1992 )
2. Unlicensed Contractor Citation Ordinance
Implementation Procedures Manual
( memorandum dated October 13, 1992 )
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
1. Indian River County Judicial Complex
Construction Bid Award
( memorandum dated October 12, 1992 )
2. Indian River County Courthouse Project
Centex Rooney Contract - Amendment I
( memorandum dated October 13, 1992 )
It
11. DEPARTMENTAL MATTERS (cont'd.):
D. LEISURE SERVICES
None
E. OFFICE . OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
Request for Second Extension of Oak Terrace
S/D - Land Development Permit No. 058
( memorandum dated October 12, 1992 )
H. UTILITIES
1. Developer's Agreement with Sebastian
Associates, Ltd., A Florida Limited
Partnership, C/O JLJ Realty, Inc.,
Riverwalk Shopping Center (Mr. James
H. Nobil)
( memorandum dated October 12, 1992 )
2. Water and Wastewater Line Installment
- Across 90th Avenue at State Road 60
_ ( memorandum dated October 8, 1992 )
3. Wastewater Service to River's Edge S/D
( memorandum dated October 8, 1992 )
12. COUNTY ATTORNEY
Second Amendment to Agreement Designating the Chamber
of Commerce as the Official County Tourist Bureau
( memorandum dated October 7, 1992 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
Physical Arts Center
( letter dated October 2, 1992 )
B, -VICE CHAIRMAN MARGARET C. BOWMAN
Request from I.R.C. Council on Aging, Inc.
for $2,000 Appropriation to Purchase Materials
for Signage
( letter dated October 6, 1992 )
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER DON C. SCURLOCK, JR. _
OCT ® BOOK 87 PAGE b4
� 199
OCT 20 igq;L boa 87 Pr�P,C 845
13. COMMISSIONERS ITEMS (cont'd.) :
E. COMMISSIONER JOHN W. TIPPIN
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, October 20, 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, October 20,
1992, at 9:00 o'clock A. M. Present were Carolyn K. Eggert,
Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Don
C. Scurlock, Jr.; and John W. Tippin. Also present were James E.
Chandler, County Administrator; Charles P. Vitunac, County
Attorney; Jeffrey K. Barton, Clerk to the Board, and Deputy Clerks
Barbara Bonnah and Diane Albin.
The Chairman called the meeting to order.
Rev. Elinor O'Malley, Minister, Science of the Mind Center,
gave the Invocation, and Chairman Eggert led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert requested the addition of Item 7H, Ken Macht's
bond, which had to be reissued because the date was incorrect.
Clerk to the Board Jeffrey K. Barton requested the addition of
Item 8A, disussion regarding continuance of the Courthouse Advisory
Committee.
Attorney Vitunac requested the addition of Item 12B, Heritage
Village utilities case.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously added the
above items to the Agenda.
Boa 8 7 PATE 846
BOOK 87 PAGE 84 1
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meetings of August 4, 1992 or August
11, 1992. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board approved the Minutes
of the Regular Meetings of 8/4/92 and 8/11/92, as
written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of September 9, 1992. There
were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board approved the Minutes
of the Special Meeting of 9/9/92 as written.
CONSENT AGENDA
A. Release of Easement Re est by: GHA Grand Harbor Limited
Tract "T" - Grand Harbor Plat 4
The Board reviewed the following memo dated October 6, 1992:
TO:
James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
r
oberAM _. Keating AIC
Community DevelopPentT� rector
THROUGH:
Roland M. DeBlois,'A'ICP
Chief, Environmental Planning
& Code Enforcement Officer
FROM:
Charles W. Heath
Code Enforcement Officer
DATE:
October 6, 1992
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
GHA, Grand Harbor Limited
Tract "T" —Grand Harbor - Plat 4
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 20, 1992.
2
DESCRIPTION AND CONDITIONS:
The County has been petitioned by GHA, Grand Harbor Limited, owner
of the subject property, for the release of three (3) portions of
platted utility easements in Tract "T", Grand Harbor - Plat 4. It
is the petitioner's intention to construct a golf club building,
and golf cart storage building on the subject property. The
petitioner will formally dedicate new easements to the County prior
to this abandonment being recorded.
The current zoning classification of the subject property is RM -6,
Multi -Family Residential District. The Land Use Designation is M-
1, allowing up to six (6) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern
Vero Beach Electrical Transmission and
United Artists Cable Corporation, and
Utilities Department and the Road &
Divisions. Based upon their reviews, it
the applicant be required to dedicate new
County before any formal abandonment is
Records of Indian River County.
RECOMMENDATION:
Bell Telephone, City of
Distribution Department,
the Indian River County
Bridge and Engineering
is staff's position that
Utility easements to the
recorded in the Public
Staff recommends that the .Board, through the adoption of a
resolution, release the three (3) portions of those utility
easements in Tract "T", Grand Harbor - Plat 4,. being those portions
described as "Parcels A", B & C", attached as "Exhibit All herein,
Plat Book 12, Page 70, Section 24 Township 32 South, Range 39 East,
of the Public Records of Indian River County, Florida. Staff
recommends that the release of easements not be recorded in the
public records until the applicant has dedicated new utility
easements to the County as described herein.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bosman, the Board unanimously approved
staff's recommendation and adopted Resolution 92-
186, abandoning certain easements in Grand Harbor
Plat 4 Subdivision, Tract "T".
3
OCT 2
0
1992
OCT 2 01992
to
and
BOOK 87 PAGE 849
RESOLUTION NO. 92-186
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA ABANDONING
•CERTAIN EASEMENTS IN GRAND HARBOR PLAT 4 SUBDIVISION,
TRACT "T", ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOR 12, PAGE 70, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA.
WHEREAS, Indian River County has easements as described below,
WHEREAS, if those easements are replaced by alternate
easements, the retention of those easements will serve no public
purposes,
WHEREAS, the Grantee below has agreed to dedicate substitute
easements and relocate utilities, prior to the recording of this
resolution,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River County,
a political subdivision of the State of Florida, whose mailing
address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to
GHA, Grand Harbor, Ltd. their successors in interest, heirs and
assigns, whose mailing address is 2121 Grand Harbor Boulevard, Vero
Beach, Florida 32967, Grantee, as follow:
Indian River County does hereby abandon all right, title, and
interest that it may have in the following described easements:
SEE ATTACHED EXHIBIT "A"
THIS RESOLUTION was moved for adoption by Commissioner, Scurlock
seconded by Commissioner Bowman , and adopted on the
vote:
20th day of October
, 1992, by the following
Commissioner
Carolyn R. Eggert
Ave
Commissioner
Richard N. Bird
Aye
Commissioner
Margaret C. Bowman
Aye
Commissioner
Don C. Scurlock, Jr.
Aye
Commissioner
John Tippin
Aye
4
I
The Chairman declared the resolution duly passed and adopted
this 20th day of
STATE OF FLORID )
COUNTY OF INDIAN RIVER) -
October
, 1992.
BOARD OF COUNTY, COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By d
Caroly K. E
Attest By
Jeffrey K. Barton
Clerk
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State and County aforesaid, to take
acknowledgements, personally appeared Carolyn K. Eggert and Jeffrey
K. Barton well know to me to be the Chairman of the Board of County
Commissioners and Clerk, respectively, of Indian River County, a
Political subdivision of the State of Florida, and they
acknowledged executing the same.
WITNESS my hand and official seal in the County and State last
aforesaid this -�V-CLday of
1992.
My Commission Expires:
PATRICIA BARGO HELD
Ndant Pub - Stata of Florida
Ply comm. sxpaes August 28,1993
P 4 6.5578
E
OCT 2 0 1992
Notary Publ c
PATale t,q 8,1-r.& M�-O
PATRICIA BARGO HELD
Notary Public, ata:c of Florid,.
!!v c^mm. ox,:'Ir�13 August 28,1993
"7%
t
BOOK 87 PAGE 850
r OCT 2 0 1992
BOOK 87 FACE 851
B. IRC Utilities' Re est for Site Plan and Special Exception Use
Approval Extension - Expansion of North Beach Wastewater Treatment
Facility
The Board reviewed the following memo dated October 2, 1992:
TO: James Chandler
County Administrator
DI ON HEAD CONCURRENCE:
ert M. K at n AI
Community DevelopinentAirector
THROUGH: Stan Boling, ICP
Planning Director
FROM: John W. McCoy, AICD
Senior Planner, Current Development
DATE: October 2, 1992
SUBJECT: Indian River County, Department of Utility Services!
Request for Site Plan and Special Exception Use Approval
Extension
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 20, 1992.
DESCRIPTION AND CONDITIONS:
On September 24, 19911 the Board of County Commissioners approved
a special exception request submitted by Kimball Lloyd and
Associates, Inc., on behalf of the Indian River County Department
Of Utility Services. The special exception use conditional
approval, and corresponding major site plan conditional approval,
were given to construct an expansion of the North Beach Wastewater
Treatment Facility located at 8767 S --R. A -1-A, adjacent to the Sea
Oaks development.
The original "'expiration date of the approval was September 24,
1992. Indian River County Department of Utility Services has now
requested that an extension to the special exception and site plan
approval expiration date be granted. Due to a shift in priorities,
Indian River County Department of Utility Services has been unable
to commence construction. This project was originally reviewed and
approved under the County's old LDRs. Pursuant to Section
23•2(g)(2) of the County's old LDRs, the request to extend the site
plan and special exception use approval may be granted since it was
submitted prior to the September 24, 1992 expiration date. The
Board of County Commissioners may now act upon this request.
6
ANALYSIS:
Although County regulations have changed with adoption of the new
LDR's, the members of the Technical Review Committee (TRC) concur
that the changes as applied to the subject project are not
significant enough to require any site plan revisions or redesign.
All Technical Review Committee (TRC) staff members have recently
signed -off on the applicant's request for extension of the special
exception use*'and site plan approval.
As allowed under the provisions of the applicable site plan
ordinance, Indian River County Department Of - Utility Services is
requesting a full one year extension of the special exception use
and site plan approval expiration date. Pursuant to the applicable
site plan regulations, the Board of County Commissioners may
approve, approve with conditions, or deny the requested extension.
In staff's opinion, the request should be granted.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve
Indian River County Department of Utility Services' request for a
one (1) year extension of the special exception use and site plan
approval. The new special exception approval and site plan
expiration date will be September 24, 1993. All conditions applied
to the original approval shall apply.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
a one-year extension of the special exception use
and site plan approval set forth in the above memo,
as recommended by staff, with a new expiration date
of September 24, 1993.
C. Lease Agreement "Caddymaster Company"
The Board reviewed the following memo dated October 12, 1992:
DATE: OCTOBER 12, 1992
TO: BOARD OF COUNTY COMMI IONERS
SUBJECT: LEASE AGREEMEN " D STER COMPANY"
FROM: BOB KOMARINETZ I TOR OF GOLF
DESCRIPTION AND'ANALYSIS
Caddymaster is .a remote controlled walking electric golf cart.
It will carry the golf bag and follow the golfer down the fairway
as he plays.
There is no cost for the Caddymaster to the Sandridge Golf Club
and the revenues will be split according to the lease agreement.
RECOMMENDATION
Staff recommends the approval of the lease with Caddymaster.
6
OCT 20199
Boa psa 852
BOOK
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the lease agreement with Caddymaster Company, as
recommended by staff.
COPY OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
87 PnUE853
D. Award of Bid 3012 - Caustic Soda
The Board reviewed the following memo dated October 12, 1992:
DATE: October 12, 1992
TO: BOARD OF COUNTY COMMISSIONERS
TBRU: James E. Chandler, County Administrator
H.T. '•Bonny" Dean, Director
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award of Bid 3012/Caustic Soda
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: August 19, 1992
Advertiseihent'Dates: August 5, 12, 1992
specifications mailed to: Fourteen (14) Vendors
Replies: Four (4)
VENDOR BID TABULATION
(Est ated Usage 3600 Gallons)
Jones Chemical 1.10 Per Gallon
Ft Lauderdale, FL
PB 6 8 Chemical 1.14 Per Gallon
Orlando, FL
Apperson
Jacksonville, FL
Harcross Chemical
Tampa, FL
1.325 Per Gallon
365.15`Per Dry Ton
RECOMMENDATION:
staff recommends the following:
1. Award. the bid to Jones Chemicals for the Caustic Soda.
2. Establish an Open -End Contract with Jones Chemicals with
a not to exceed amount of $25,000.00 during the contract
period.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost increase,
vendor acceptance, and the determination that renewal is
in the best interest of the County.
8
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously awarded
Bid 3012 to Jones Chemicals in an amount not to
exceed $25,000.00, as recommended by staff.
E. Award of Bid #3014. #3015 - Reroofing Fellsmere Fire Station
and Reroofing Fire Station #3
The Board reviewed the following memo dated October 13, 1992:
DATE: October 13, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servia
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award of Bid #3014, #3015
Reroofing Fellsmere Firestation i Reroofing Fire
Station #3
Emergency Services
BACKGROUND INFORMATION:
On August So 1992, the Purchasing Division advertised in the
Press Journal and mailed out bid packages to ten (10) vendors
requesting bids for the reroofing of Fire Station #3 at the
Airport and the Fire Station in Fellsmere .
The bid opening date was set for August 19, 1992 at 2:00 P.M.
and no bids were received. Vendors Contacted said their work
schedule would not permit them to submit a bid at this time.
ANALYSIS:
Due to the critical needs for these repairs, the Department of
Emergency Services personally contacted the vendors and were
successful obtaining one bid from Lucas Waterproofing. This
vendor has -done similar work for the County in the past.
The prices are as follows:
Fellsmere Fire station
Fire station #3 (Airport)
OCT 2 0 1992
BID AMOUNT
$ 9,800.00
$15,990.00
Bm 87 fA-H 654
OCT 2 d 1992 BOOK 87 DI'JE 855 7
RECOMMENDATION:
That the bid be awarded to Lucas Waterproofing as the only
responsive and responsible bidder meeting specifications as
set forth in the Invitation to Hid.
TOTAL AMOUNT OF BID: $25x790.00
SOURCE OF FUNDS: Emergency Services District Roofing
BUDGETED AMOUNT: $26o,000.00
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously awarded
Bid #3014 in the total amount of $9,800.00 and #3015
in the total amount of $15,990.00 to Lucas
Waterproofing, as recommended by staff.
F. Release of Utility Liens
The Board reviewed the following memo dated October 13, 1992:
TO: BBooanrd, of Count . Commissioners
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: October 13, 1992
RE: CONSENT AGENDA - BCC MEETING 10/20/92
RELEASE OF UTILITY LIENS
The following lien -related documents are prepared in proper form for
the Board to authorize the Chairman to sign them:
I. Release of Special Assessment Lien from
North Beach A -1-A Water Main in the names of:
MONTOYA / GRIFFIN
FALLON
2. Release of Special Assessment Lien from
Kings Highway Water Project in the name of:
RENNICK
3. Release of Special Assessment Lien from
Kingswood West in the name:
KINGSWOOD WEST, INC.
4. Release of Special Assessment Lien from _
Old Sugar Mill Water Project in the name of
ROCKHILL
10
5. Release of Special Assessment Lien from
Phase I Water Project in the names of :
KUCHALA
PETERSON, SR.
GOODMAN
REILLY
SCHRAW
CAMPBELL, JR.
EISMAN
6. Release of Special Assessment Lien from
River Shores Assessment in the names of:
MEYER
7. Release of Special Assessment Lien from
12th Street Water Project in the names of:
RUSSELL
BOWLING
WILLIAMS /PARYZEK
SPATES
BARNES
8. Release of Special Assessment Lien from
Summerplace Water Project in the names of:
JACKSON NATIONAL BANK
MILLER/FOX
9. Release of Special Assessment Lien from
_ Floridacres Water Project in the name of:
WARRENTON
10. Partial Release/Special Assessment Lien from
Phase I Water Project in the name of :
BOLAND/PRINCE
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the Chairman to execute the Satisfaction
and Releases of Liens, as recommended by staff.
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
11
Boa 87 F,�fE 5
OCT 2 01992BOOK 8,7
G. Cancelling Taxes on R/W Acquisition
The Board reviewed the following memo dated October 7, 1992:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: October 7, 1992
RE: CANCELLING TAXES ON R/W ACQUISITION
The County has recently acquired some land for right-of-way purposes,
and, pursuant to section 196.28, Florida Statutes, the Board of County
Commissioners is allowed to cancel and discharge any taxes owed on the
portion of the property acquired for public purposes. Such cancellation
must be done by resolution of the Board with a certified copy being
forwarded to the Tax Collector.
REQUESTED ACTION: Request Board authorize Chairman to sign and
then forward to the Tax Collector a certified copy of the attached
resolution cancelling the taxes due upon land the County recently
acquired for right of way.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 92-187, cancelling certain taxes upon
publicly owned lands pursuant to Section 196.28,
Florida Statutes, and authorized the Chairman to
execute and then forward to the Tax Collector a
certified copy of said Resolution.
12
� � r
RESOLUTION NO. 92- 187
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.281 FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 948, Page 0713, which was recently acquired by Indian River
County for right of way purposes on C.R. 510, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
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 Aye
Commissioner Don C. Scurlock, Jr.. Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 20
day of October
Attest:
Jeffrey �. Barton, Clerk
, 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By t
CarolynEggert
Ch rman
13
BOOK 87 FA. �� 858
OCT 2 O 1997 BOOK 87 FAGS
H. Bond for Kenneth R. Macht
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
corrected bond for Kenneth Macht.
COPY OF BOND IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
CLERK OF COURT - COURTHOUSE ADVISORY COMMITTEE
Clerk Barton appeared before the Board on behalf of the
Courthouse Advisory Committee with the request that the committee
be permitted to continue to operate during and after the
construction of the new Courthouse. He reported that electronic
equipment, such as taping and video equipment, telephone systems
and monitors, will need to be installed in the new Courthouse, and
the Judges, as well as himself, have requested the continuation of
the committee. He added that the new Courthouse should be ready
for occupancy in approximately 15 months, which is really not that
far away.
Commissioner Scurlock asked to hear from Administrator
Chandler.
Administrator Chandler indicated that continuing the committee
should not be a problem.
Commissioner Bird asked if a budget had been established, and
Administrator Chandler responded affirmatively.
Commissioner Scurlock just wanted to make certain that this
committee remains an advisory group and that all matters go through
the General Services Department. He understood that a chairman to
the committee will be appointed after a new Board is seated.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Tippin, the Board unanimously approved
of the continuance of the Courthouse Advisory
Committee.
14
PENSION FUND
Administrator Chandler presented the following memo dated
October 13, 1992:
TO:
Board of County CommissionersDATE: October 13, 1992 FILE:
SUBJECT: PENSION FUND
/James
FROME. Chandler REFERENCES:
ounty Administrator
When the City of Vero Beach Fire Department was transferred to the South
County Fire District, employees were extended an option to remain in the city
pension plan. There are currently - ten (10) active members in the Plan. The
Board of Trustees of the City of Vero Beach Fireman's Relief and Pension Fund
has requested that the number of years used in computing the final average
earnings for a prospective retiree be reduced from five years to three years.
To offset the expense, the Plan's actuary has proposed increasing the investment
earning actuarial assumption from 6.5% to 7%. The rate of return during the last
10 years has averaged 12 percent per year. In discussing the proposal -with -
Tom Nason, he advised that the Fund is in an extremely sound financial
position. With the actuarial assumption modification, he indicated the proposal
would not result in any expense to the County.
The reduction in years would be a benefit not received by those Fire Department
employees in the State Plan. The State Plan provides for the five year average.
The State Plan is a non-contributory plan, as opposed to the employee 7% of
salary contribution required by the City Plan. Based on that differential and no
projected expense to county, I would concur with the proposed increased
benefit.
If approved by the Commission, the City will schedule a public hearing to
consider adopting an ordinance on second reading to provide for the change.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the proposed changes in the Fire Department
employees Pension Plan, as recommended by staff.
15
1. Boa 87 fA�E
66� OCT 201992
OCT 2 ® 1992 BOOK PAr� 61
INDIAN RIVER CORRECTIONAL INSTITUTION CONTRACT
The Board reviewed the following memo dated September 30,
1992:
TO: Board of County Commissioners DATE' ' FILE:
September 30, 1992
THROUGH: James E. Chandler
County Administrator
SUBJECT: Indian River Correctional
I nstitution Contract
FROM: Randy Dowling
Asst. to Co. Admin. REFERENCES:
The County Administrator's office received a letter dated September .22, 1992
from the Indian River Correctional Institution requesting a continuation and
consolidation of several contracts that allow their inmates to work at the
County's landfill, parks, and Sandridge Golf Course. The inmates will continue
to provide recycling and other services at the landfill and lawn maintenance and
other services at the parks and golf course. County staff worked *out a
scheduling plan and have incorporated it into the contract as Exhibit B. The
estimated cost of this program is minimal, mainly providing transportation for
several inmates from the Correctional Institution to the place of work and back.
County staff recommends that the Board approve this contract and authorize the
Board Chairman to sign the contract.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the contract for inmate services, as recommended by
staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
16
LEASE OF COUNTY'S AIR CURTAIN INCINERATOR
Community Development Director Robert M. Keating and Public
Works Director James Davis presented the following memo dated
October 14, 1992:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP 4140(
Community Development Director
James Davis, Director
Public Works Department CN
DATE: October 14, 1992
SUBJECT: LEASE OF COUNTY'S AIR CURTAIN INCINERATOR
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 20, 1992.
DESCRIPTION & CONDITIONS:
In conjunction with adoption of the County's land development
regulations and at the request of county residents, the Board of
County Commissioners, in 1990, enacted regulations that required the
use of an air curtain incinerator for the burning of non -
agriculturally generated land clearing debris. Recently, the Board
amended these regulations, making several changes including the
reduction of required separation distances.
The air,;curtain incinerator requirements protect residents in the
proximity of a burn site by limiting the amount and duration of
smoke that would be produced by open burning. For that reason, the
air curtain requirement is particulari a i
burn sites.
y ppropr ate for urban area
Recent events, however, have limited the availability of air
curtain incinerators. Because of Hurricane Andrew and the debris
produced by that storm, many air curtain incinerators have been
sent to South Florida. Consequently, no air curtains are locally
available, and the prospects for availability of air curtains
within the next nine months are low. This situation has produced
a hardship on one developer who has cleared a project site and
removed commercially mulchable material, with the intent of burning
stumps and citrus trees. In this case, the developer has been
unable to secure an air curtain to burn this debris.
While no air curtains are commercially available in this area, the
Public Works Department does have a mobile air curtain incinerator
which is currently being used to burn debris generated by clearing
the right-of-way for Indian River Boulevard Phase IV. When that
clearing is complete in the next few weeks, the County's air
curtain will be available for a short time, while it is between
jobs.
17
OCT 2 0 1992
BOOK 87 PAGE 863
ALTERNATIVES & ANALYSIS:
The present set of circumstances provides an opportunity for the
County to work with a private developer to the advantage of each as
well as to the benefit of adjacent residents.
Recently, Public Works staff assessed the need for its air curtain
incinerator and determined that it could be available for alternate
use for a short time when it is between jobs. No County projects
would be delayed by so doing.
With availability of the County's air;curtain incinerator, Public
Works could lease the incinerator to the referenced developer at an
acceptable rate. Although the County does not usually lease its
equipment to a private individual or corporation, the hurricane
cleanup is an unusual situation. Given that there would probably
be some incinerator down time during the period between jobs, the
lease would benefit the County by bringing in a limited amount of
revenue. Because of the lack of air curtains in the area, the
potential lease would not involve competition with the private
sector.
For the reasons stated above, staff would support a lease of the,
County's air curtain incinerator.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
the Public Works staff to lease the County's air curtain
incinerator at prevailing rates to any interested party when the
air curtain is not programmed for other use and only during the
duration of the South Florida hurricane cleanup.
Director Keating explained that the incinerator would only be
used when it was not in use by the County, and that this is only
being done during the time when other air curtain incinerators are
not available in this area because of the cleanup going on in Miami
after Hurricane Andrew. This is being brought to the Board because
he has received inquiries from at least one local developer who has
started his development and needs to use an air curtain
incinerator, as required by the County, to burn land -clearing
debris. Staff feels this is a good arrangement for everyone
concerned and is consistent with the County's efforts to encourage
economic development.
Commissioner Scurlock asked how much the County will charge
for the use of the incinerator, and how this would compare to the
prevailing rates. In addition, he wanted to know how
responsibility would be established if the equipment were damaged
through abuse.
18
Director Keating responded that the lease agreement would be
structured so as to cover damages that might occur. Rates would be
based on whether the incinerator was used for a day, or for more
than a day. For example, the charge for one day would be $375.00;
the second day would be $275.00; and each additional day would be
$175.00. The rates established would be based on the rate Public
Works paid for renting an incinerator about six months ago.
Commissioner Scurlock suggested finding out the current rates,
then setting rates accordingly.
Administrator Chandler confirmed that there _would be an
agreement to cover any damages that might occur. He emphasized
that this would be only for the period until air curtain equipment
becomes available again.
MOTION was made by Commissioner Scurlock, SECONDED
by Commissioner Bird, that Public Works staff be
authorized to lease the County's air curtain
incinerator at prevailing rates to any interested
party when the air curtain incinerator is not
programmed for other use and only during the
duration of the South Florida hurricane cleanup,
with provisions in the rental agreement to cover the
renter's responsibility for damages.
Under discussion, Commissioner Bowman stated she was concerned
about liability issues, and Administrator Chandler assured her that
liability issues would be covered in the contracts.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
UNLICENSED CONTRACTOR CITATION ORDINANCE IMPLEMENTATION PROCEDURES
MANUAL
Roland DeBlois, Chief, Environmental Planning and Code
Enforcement Section, presented the following memo dated October 13,
1992:
19
L�0 CT 2 01992
a v:t ..
TO: James E. Chandler
County Administrator
DEP TMENT HEAD CONCURRENCE:
JG�ert M. Ke t g AIC
Community Developmentirector
I-p
FROM: Roland DeBlois; AICP
Chief, Environmental Planning
& Code Enforcement Section
DATE: October 13, 1992
SUBJECT: Unlicensed Contractor Citation Ordinance
Implementation Procedures Manual
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 20,'1992.
DESCRIPTION & CONDITIONS
On April 21, 1992, the Board of County Commissioners adopted
Ordinance 92-09, creating unlicensed contractor citation procedures
(as well as general code enforcement citation procedures).
At that time, in order to ensure consistency and reasonableness in
citation enforcement, the Board directed staff to develop specific
implementation guidelines and report back to the Board before the
ordinance is used as an enforcement means.
A staff procedures manual for unlicensed contractor citation
enforcement has now been drafted. For this reason, staff requests
Board consideration and authorization to implement the unlicensed
contractor citation procedures of Ordinance 92-09.
ALTERNATIVES AND ANALYSIS
Ordinance 92-09 consists of two main parts: general citation
procedures and contracting citation procedures. These two
procedures differ based on Florida statute requirements. At this
time, staff'have adopted implementation guidelines for contractor
citations only; additional guidelines for general code enforcement
citations will be forthcoming at a'later date.
Contracting Citation Procedures '
The citation procedures section of Ordinance 92-09 was adopted in
accordance with Section 489.127, F.S. Different from general
citation procedures, no prior notification is required for
citations relating to unlicensed contractors. Another major
difference is that a contested contracting citation is heard by
the Code Enforcement Board rather than by county court. A Code
Board decision, however, could subsequently be appealed to circuit
court.
The staff procedures manual consists of six "programs", outlining
steps under the following categories:
1. Complaint unfounded procedure
2. Penalty paid procedure.
3. Penalty not paid procedure
4. Appearance before the Code Enforcement Board
5. Appellate review .
6. Unlicensed contractor citation training program.
20
The manual also contains two appendices: Appendix "A" - Contracting
Citations Evidence Requirements, and Appendix "B" - Sample
Contracting Citation.
Two staff workshops were held in late September involving building
division, code enforcement; planning, and attorney staff. At the
workshops, the draft manual was reviewed in detail, and
hypothetical contractor violations were discussed.
Twomain conclusion came out of the workshops. First, it was clear
that the primary enforcers of contractor violations would be
building inspector staff, in close radio contact with office staff
to aid in violation determination. Moreover, the procedure would
entail verbal (over the radio) authorization from the building
director and/or community development director prior to citation
issuance.
Second, there was a staff consensus that contractor citation
issuance should be limited to "clear cut" cases of violation where
evidence is substantial. Problematic "gray" cases, such as may
arise with owner/builders, for example, will not be pursued unless
staff have a clear determination of violation with appropriate
evidence.
The county building division issues permits and conducts building
inspections for both the County and the City of Vero Beach.
Recently, Vero Beach has adopted a contractors citation ordinance
similar to that adopted by the Board. As a result, county building
inspectors will eventually be in a position to issue citations in
both the city and the unincorporated county. Staff are in the
process of coordinating with the city to finalize citation
procedures as they relate to construction within city limits. In
the interim, building staff will implement the citation ordinance
only within county jurisdiction.
Alternatives
The Board's alternatives in this matter include:
1. Approve the draft procedures manual as is and authorize staff
to begin using citations as a contractor violation
enforcement means;
2. Approve the draft procedures manual with modifications
and authorize staff to begin using citations for contractor
violation enforcement; or
3. Reject the draft procedures manual and require that it be
substantially redrafted and brought back to the Board prior to
citation enforcement.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
Unlicensed Contractor Enforcement Procedures Manual and authorize
staff to begin using citations as a contractor violation
enforcement means.
ATTACHMENTS
1. Draft Unlicensed Contractor Enforcement Procedures Manual
(on file in the BCC office).
2. BCC minutes excerpt dated April 21, 1992.
21
OCT 2 0 1992
bou 871k,,J.806
OCT 2 ®1992
POCK 8 / F.'•.,F. 8 a' 7
Mr. DeBlois reported that building inspectors are the ones
most likely to be issuing the citations. Also, clear cut cases of
blatant violation would be more likely to be pursued. He stressed
that staff really needs to be conservative and go in with good
evidence, especially when the citation is first issued. Further,
proper authorization would be required before issuance of the
citation. Cases would go back to the Code Board if they are
challenged.
Commissioner Scurlock asked whether individuals placing bids
on county projects are required to have an occupational license.
Attorney Vitunac advised that all contractors must have both
a license as well as a competency card.
Commissioner Scurlock then asked if County employees must
exhibit competency in a particular type of work if that work is
done in-house.
Building Director Ester Rymer conveyed that the County is
exempt from state requirements on licensing.
Commissioner Scurlock questioned whether the County should not
come up to the same standards as the private sector.
Commissioner Tippin expressed the concern that if we"have a
law on the books, we need to have the means to enforce it. For
example, a lawn maintenance licensed contractor is not allowed to
replace broken sprinkler heads. They are lawn contractors, not
irrigation system contractors. If someone complains, then staff is
required to do something about it. In most instances, it is an
irrigation system contractor who has registered the complaint.
Chairman Eggert specified that, if routine repair is being
done, this is not the same as expansion.
Director Keating pointed out that this is one of the most
difficult issues in code enforcement - the gray areas - such as
just replacing sprinkler heads as opposed to replacing pipe, or
expanding the system.
Commissioner Tippin recommended that human reason be practiced
in all of these cases.
Chairman Eggert stressed that not enough has been done to
inform the public as to when a licensed contractor is needed.
Director Rymer mentioned that staff has been doing this all
along, and mostly have a good track record. The only difference
now is that violators will be fined.
Commissioner Eggert felt that if we are going to fine someone
$500.00, we have to tell the people in the community what they
cannot do in order to avoid a fine.
22
Commissioner Scurlock suggested that a warning be given before
the fine is actually assessed, and Mr. DeBlois stated that this
would be incorporated.
Director Keating added that discretion is given to the field
officers in this regard; the authorization requirement is there to
avoid charging a $500.00 fine in those gray areas. He added that
there is a verbal warning opportunity here.
Commissioner Bird wanted to know whether the Code Enforcement
Board has the option of reducing the amount of the fine.
Director Keating answered that the case can either be
dismissed or a fine assessed, but the fine cannot be reduced.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
approved the Unlicensed Contractor Enforcement
Procedures Manual and authorized staff to begin
using citations as a contractor violation
enforcement means, and try to find a way to
implement a warning system.
A COPY OF SAID MANUAL IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
INDIAN RIVER COUNTY JUDICIAL COMPLEX CONSTRUCTION BID AWARD
Director of General Services Sonny Dean presented the
following memo dated October 12, 1992:
DATE: OCTOBER 12, 1992_:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY JUDICIAL COMPLEX
CONSTRUCTION BID AWARD
BACKGROUND:
On January 21, 1992, the Board approved the subject project as
recommended and authorized staff to proceed with final design for
bidding.
ANALYSIS:
On September 1, 1992 the project was advertised for bid and bids were
opened on Tuesday, October 6, 1992. There were twelve contractors
that purchased plans but only seven submitted bids. The results were
as follows:
23
OCT 01992 POOF 7 i►lsz 808
OCT 20 1.997
Base Bid - Court-
house and 6arage
Alt. II -IFAS Outer
Skin.
Alt. III -7th
Courtroom
Alt. IV -Natural
Limestone
Alt. V4ranite
Pavers
Alt. VI --Three Ply
Roof
Alt. vii-
ReciprvAiq Chill.
Alt. I1 -CM
carpeting
TOTAL
mot 87 wif .�
INDIAN RIVER COUNTY COURTHOIISE BIDS
BIL7M Ca6T.
BIMI Calif.
FM i MM MM DL TICKER, INC.
MMI CAST
IEIT1 CO.
13,1629"0."
129791910.0
129745,NLN 1295779"0." 129127,N0."
129921910." 13, 5009100. N
3!0,ULU
275, "O.N
M9,"I.N 2949OLN 21591"."
333, 860."
305, N0. N i
1139 UL N
124,"0."
146, N0.10_ 14%6". N 134,"0."
1090"."
1279m.
959OL M
21,1"."
769 "0. N 22, 686." 37, N0. N
60, N0. N
19, 860. N
N, NL N
799OL M
7291". N 66, 4N.N 649OL M
619OL M
749 9M. N
-AWL"
-139000.10
-409 N0. N -159UL N -6,00.0
-179MLIM
-51,99L89
-159"0.N
-159"0.89
-Li9N1." K -119"0."
-10,860.0
-8,860."
195,NLM
18795"."
18;NLW 1799100." Z MLW
179,M.N
1"99OLM
13,912,"0." 13,44895"."
139456,"1." 1392Ty6"." 1394619"1.10 139633 OLIS 14,227,100."
Estimated budget for the construction was $13,480,000.
Staff along with our Construction Manager, Centex Rooney and
Architect, PGA&L recommends award of bid to James A. Cummings, Inc.
at a total bid of $13,272,600 which includes base bid plus:
Alternate II EIFAS Exterior Finish
Alternate III Finishing 7th Courtroom
Alternate IV Using Natural Limestone
Alternate V Installing Granite Pavers
Alternate VI Three Ply Roof
Alternate VII Using Reciprocating Chillers
Alternate IX Installing C & A Carpet
Commissioner Bird commented that he hoped local suppliers be
used as much as possible, and Director Dean replied that in
addition to using local suppliers, some of the sub -contractors are
local.
24
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously awarded
the bid for the Indian River County Judicial Complex
construction contract to James A. Cummings, Inc. in
the total amount of $13,272,600, as set out in the
above staff recommendations.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
INDIAN RIVER COUNTY COURTHOUSE PROJECT
Director Dean presented the following memo dated October 13,
1992:
DATE: OCTOBER 13, 1992
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
CENTER ROONEY CONTRACT - AMENDMENT I
BACKGROUND:
In accordance with Florida State Statute 553.79 (5) (a), the subject
Project will require a "Threshold Inspector". The purpose is for a
structural inspection plan to provide specific inspection procedures
and schedules so that the building can be adquately inspected for
compliance with the permitted documents. This is an independent,
licensed person who is registered with the State and Indian River
County for such work.
The project will also require Materials Testing and Inspection
Services. The Material Testing will include all soil borings, soil
tests and concrete testing.
25
L- OCT 201992
�� j
ANALYSIS:
mw 87 w,�871
Our Construction Manager firm, Centex Rooney, -has agreed to provide
these services by contracting with a certified firm and passing their
cost straight through to the County without any additional charges
for Rooney. Rooney's people will be on site, every day and will have
authority to make that firm perform as to the letter of the law.,
Staff feels this arrangement is in the best interest of the County.
There is $70,000 in the budget for Threshold Inspection and other
testing. Total dollars required to perform all the testing cannot be
determined, but a unit price quote was obtained for the various
tests. Based on the data we have, it is anticipated these costs will
not exceed the budgeted amount.
General Services Director Sonny Dean advised that official
notice would be coming shortly on the ground breaking for the new
Courthouse.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
Amendment I to the Indian River County Courthouse
Project contract with Centex Rooney, as recommended
by staff.
AMENDMENT NO. I IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
26
REQUEST FOR SECOND EXTENSION OF OAR TERRACE SUBDIVISION LAND
DEVELOPMENT PERMIT NO. 058
County Administrator James Chandler presented the following
memo dated October 12, 1992:
TO: James Chandler DATE:
County Administrator
THROUGH: James. W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E.
County. Engineer `�'—
FROM: David B. Cox, P.E.(ML
Civil Engineer
SUBJECT: Request for Second Extension of Oak Terrace Subdivision
Land Development Permit No. 058
October 12, 1992
REFERENCE: SD -85-09-58/92030081 *001
DESCRIPTION. of T mTTrom _-_....
The subject request was considered by the Board of County Commissioners at their regular meeting
of August 11, 1992. The request was denied with the condition that when revised construction plans
have been submitted and approved by staff, the extension request could then be recommended for
approval. The attached letter dated August 19, 1992 outlined for the applicant the two items that
needed to be provided on the revised plans in order for staff to recommend approval of the
extension.
Both items have now been submitted and approved by staff.
ALTERNATIVE4 Atvn erreT vele
The applicant has requested a 120 day extension to complete the paving, drainage and utility
improvements and to allow processing of the pending final plat application for Phase I to continue.
The applicant has fulfilled the two items deemed necessary for staff to recommend approval of the
extension.
Staff recommends approval of the extension for 120 days with the condition that if the required
improvements are not complete at the expiration of the second extension, we would recommend no
further extensions be granted until such time as surety is posted for the portion of the construction
remaining incomplete. ,
Commissioner Scurlock asked if this goes beyond our usual
extension, and Administrator Chandler answered that it did, but
staff is recommending it.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously agreed to
grant a 120 day extension for Oak Terrace
Subdivision to complete the paving, drainage and
utility improvement,
recommendation.
as set forth in the above staff
`xi
OCT 2 01992 tou '1 =.+; F 872
OCT 2 01997- BOOK 87 UE 873
DEVELOPER'S AGREEMENT WITH SEBASTIAN ASSOCIATES LTD. - RIVERWALK
SHOPPING CENTER (MR. JAMES H. NOBIL)
Director of Utility Services Terry Pinto reviewed the
following memo dated October 12, 1992:
DATE: OCTOBER 12, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
STAFFED AND
PREPARED BY: ROBERT 0. WISEMEN, P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: DEVELOPER'S AGREEMENT WITH SEBASTIAN ASSOCIATES,
LTD., A FLORIDA LIMITED PARTNERSHIP, C/O JLJ REALTY,,•
INC" RIVERWALK SHOPPING CENTER (MR. JAMES H. NOBIL)
'BACKGROUND:
The proposed water tower for the North County water system is
abutting to the developer's Riverwalk Shopping Center, Phase II
project (see attached drawing). Originally, the developer came to
the County with a plan to construct a water distribution system for
the shopping center. The County is aware of the need to upsize the
proposed water main to master plan size to serve the new water
tower. Based on the location of the tower and this need to upsize,
the County has negotiated the construction of the master planned
water main with the developer at the time of their development.
This will alleviate the need for the County to install a master plan
size line to the new water tower in the immediate future.
The Department of Utility Services would like to enter into a
developer,'s agreement with Sebastian Associates, Ltd., for the
construction of this line.
ANALYSIS:
The County has completed the negotiations with the developer and has
come to an agreement. The County agrees to reimburse the developer
to a maximum amount of $92,214.32, in accordance with Indian River
County Ordinance No. 91-9 for the construction of approximately
2,195 lineal feet of 16" and 220 lineal feet of 12° water main as
outlined in Exhibit A (attached).
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve, and the Chairman execute, the
attached developer's agreement with Mr. James H. Nobil for the
subject water main.
28
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved,
and authorized the Chairman to execute, the
agreement with Mr. James H. Nobil for the subject
water main, as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WATER AND WASTEWATER LINE INSTALLMENT ACROSS 90TH AVENUE AT STATE
ROAD 60
Director Pinto presented the following memo dated October 8,
1992:
DATE: OCTOBER 8, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL SERVICES
PREPARED WILLIAM F. cCAIN
AND STAFFED CAPITAL P S EN ER
BY: DEPAR FITY SERVICES
SUBJECT: WATER AND WKiSTEWATER LINE INSTALLATION ACROSS
90TH AVENUE AT STATE ROAD 60 - -.
BACKGROUND _
On August 25, 1992, the Board of County Commissioners approved the
Utilities Department proceeding with water and sewer service to. the
commercial node at I-95 and State Road 60. Due to the ongoing DOT road
project currently underway at this intersection, we cannot begin with
the survey for this area until their project is complete. However, we
do need to proceed on an emergency basis to lay water and wastewater
lines across 90th Avenue prior to the DOT completing the Route 60/90th
Avenue intersection improvements.
ANALYSIS
The Utilities Department is proposing to acquire quotes from a minimum
of three contractors to install the required water and sewer lines (see
attached design drawings). The Utilities Department will be providing
all materials for the project so the bids will be for installation
(labor) only. The cost of installation for these utilities will not
exceed $14,000.00; the materials cost will also not exceed $14,000.00,
for a total project cost of $28,000.00. The funding for this project
will be from the impact fee fund.
29
OCT 2 01992 tm 87 Fnur' 87
LZ
r OCT 201992
RECOMMENDATION
BOOK 87 F.,Lt 87
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the above -outlined project on an
emergency basis, and approve the expenditure of not more than
$281000.00 for the project.
Commissioner Scurlock asked if this is a standard agreement,
and Utilities Director Terry Pinto stated that it is.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the above project on an emergency basis, with an
expenditure of not more than $28,000.00, as
recommended by staff.
WASTEWATER SERVICE TO RIVER'S EDGE SUBDIVISION
Director Pinto presented the following memo dated October 8,
1992:
DATE: OCTOBER 8, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL SERVICES
PREPARED WILLIAM F MCCAIN
AND STAFFED CAPITAL JECTS EN NEER
BY: DEPAR OF ITY SERVICES
SUBJECT: WAST T VICE TO RIVER'S EDGE SUBDIVISION
BACKGROUND
Since the completion of the North County Wastewater Collection Main
System, the Department of Utility Services has been removing existing
package treatment systems and tying them into our regional system. To
this end, we are now proposing to construct a force main system from
our regional lift station at Riverwalk Shopping Center to River's Edge
Wastewater Treatment Plant (WWTP) on Roseland Road, in an effort to
abandon the River's Edge plant.
In addition to the removal of River's Edge WWTP, the construction of
this line will allow for the connection of additional customers along
the force main's route.
ANALYSIS
The proposed project consists of approximately 8,000' of 6" force main
and loot of jack and bore, along with an upgrade of an existing lift
station at River's Edge. The total estimated project costs are as
follows:
30
Construction
with 10% contingency
Engineering
Total
(use for budget)
$165,000.00
$ 16.500.00
$181,500.00
$182,000.00
The River's Edge (WWTP's) yearly operational costs are approximately
$20,000.00 per year. Adding in the cost of permit renewals at an
expense for this year of $3,000.00, the cost of operating the plant
this year alone will be $23,000.00. The proposed project will pay for
itself within ten years or less, allowing for potential equipment
replacement. Taking into account the liability associated with
ownership and operation of a WWTP; i.e., location of plant discharge to
Sebastian River, potential health hazard, and public safety hazard, it
makes good sense to remove this plant from service as -soon as possible.
Funding for this project will be from the impact fee fund.
RECONMUMATION
The staff of the Department of Utility Services recommends the Board of
County Commissioners approve the above -referenced project, authorize
the Utilities Department to obtain quotes for, and proceed with, the
required surveying and commence with the in-house design of this
project.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the River's Edge Subdivision wastewater service
project and authorized the Utilities Department to
obtain quotes for, and proceed with, the required
surveying and commence with the in-house design of
this project, as recommended by staff.
SECOND AMENDMENT TO AGREEMENT DESIGNATING THE CHAMBER OF COMMERCE
AS THE OFFICIAL COUNTY TOURIST BUREAU.
Deputy County William G. Collins II presented the following
memo dated October 7, 1992:
TO: The Board of County Commissioners
FROM: w �,. William G. Collins II - Deputy County Attorney
DATE: October 7, 1992
SUBJECT: Second Amendment to Agreement Designating the Chamber of
Commerce as the Official County Tourist Bureau
The Indian River County Tourist Development Council met on Thursday,
October 1, 1992. • Per Board of County Commission direction, they discussed
re -allocating $31,373.00 which had originally been proposed for a contingency
reserve. After some discussion, the Tourist Development Council moved that
the entire amount be allocated to the Chamber of Commerce as the Official
County Tourist Bureau, since in their view the funding of the Tourist
Bureau was providing the biggest boost to local tourism and should be
supported as much as possible this year, particularly in making a
full-fledged effort to encourage international travel to Indian River County.
31
0 CT 2 01992 � toot 8
7 S."
r
OCT 20 1992 Boa 87 �-Arr.87'7
In furtherance of this goal, the Tourist Council recommended that, the
contract with the Chamber of Commerce be revised to delete the limitations
on meal expenses for domestic and international travel wholesalers within the
County for familiarization trips. Currently they are limited to $3.00 for
breakfast, $6.00 for lunch, and $12.00 for dinner. The Council felt that
promotional expenses by the Tourist Bureau should not be subject to such
stringent limitations. The Council further felt that the prohibition on use of
revenues for a travel writer's program should be eliminated, and that the
prohibition on use of tourist tax revenues for office equipment for the
County Tourist Bureau should be modified to provide that those expenses
could be incurred if recommended by the County Tourist Council and
approved by the Board of County Commissioners on an individual request
basis.
RECOMMENDATION:
Authorize the Chairman to execute the attached Resolution approving the
Second Amendment to the Agreement Designating the Chamber of Commerce
as the Official County Tourist Bureau which Resolution further authorizes
the Chairman of the Tourist Development Council to execute the Second
Amendment on behalf of the County Commission.
Commissioner Bird commented that he had chaired the meeting of
the Indian River County Tourist Development Council, and it was
obvious that they felt very strongly about the recommendations that
were made. As far as entertainment is concerned, studies have
shown that foreign tourists are an important segment of our tourist
industry, and travel writers in particular can be extremely
valuable in writing favorable articles about Indian River County.
Commissioner Scurlock expressed concern that there were no
limits on how much could be spent on one meal, and asked whether
they could spend, for example, a thousand dollars on one meal.
Attorney Collins assured the Board that if too much money is
being spent, the Tourist Development Council will not get as
healthy a budget next year.
Commissioner Bird commented that you can't take somebody to
the Ocean Grill with $12.00.
Chairman Eggert did not think it was necessary to put a per -
meal limit on expenditures, and if this is abused the Board could
always establish a limit later.
Commissioner Bowman emphasized that she just would like to see
some results, although she was uncertain how the results could be
measured.
Attorney Collins stated that the Tourist Study that is
scheduled to come out in December should show some results.
32
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ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously approved
staff recommendation and adopted Resolution 92-188,
approving the Second Amendment to Agreement
Designating the Chamber of Commerce as the Official
County Tourist Bureau.
RESOLUTION NO. 92 188
A RESOLUTION OF THE BOARD OF- COUNTY
COMMISSIONERS OF INDIAN RIVER 'COUNTY,
FLORIDA, APPROVING THE "SECOND AMENDMENT
TO AGREEMENT DESIGNATING THE CHAMBER OF
COMMERCE AS THE OFFICIAL COUNTY TOURIST
BUREAU".
WHEREAS, on January 17, 1989 the Indian -River County
Board of County Commissioners, by and through their advisory Tourist
Development Council ("Council") and the Vero Beach -Indian River
County Chamber of Commerce, through its Tourist Council ("Chamber")
entered into an Agreement Designating the Chamber of Commerce as the
Official County Tourist Bureau, which agreement set out mutual
covenants and promises as to the funding and operation of the County
Tourist Bureau; and
WHEREAS, that Agreement was further amended by the
"First Amendment to Agreement Designating the Chamber of Commerce
as the Official County Tourist Bureau" dated April 7, 1992; and
WHEREAS, Council and Chamber wish to modify the original
agreement, as amended, based on further operational experience as an
Official County Tourist Bureau,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The "Second Amendment to Agreement Designating the
Chamber of Commerce as the Official Csounty Tourist Bureau" (attached
hereto) is hereby approved.
33
OCT 2 01992 pm 7 ii n 8 7
OCT 2 0 1992
BOOK 87 ; ,Jj 8`/9
2. The Chairman of the Indian River County Tourist
Development Council is hereby authorized to execute said "Second
Amendment to Agreement Designating the Chamber of Commerce as the
Official County Tourist Bureau".
The foregoing resolution was offered by Commissioner
Bird and seconded by Commissioner Ti ppi n , and, being put
to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
' Commissioner Richard N. Bird Aye
' Commissioner Don C. Scurlock, Jr. Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 20th day of October , 1992.
BOARD OF COUNTY COMMISSIONERS
_ INDIAN RIVER COUNTY, FLORIDA
By: e, G
Carolyn I
Eggert, M
rman
SAID AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
HERITAGE VILLAGE - UTILITIES CASE
Charles Vitunac came before the Board and reported that nobody
in Heritage Village has been paying the County utility bills since
May, and the unpaid utility bills now total more than $77,000.00.
There is a lawsuit pending between the tenants and the landlord,
and the judge has ordered that this go to mediation in 30 days, but
it could take another year for the lawsuit to be settled. He added
that although the County does not take sides in the lawsuit, and
does not wish to turn off the water supply to 400 mobile home
units, neither can the County continue to provide free service.
Filing a lien would not be effective because these are tenants.
Commissioner Scurlock asked whether there are penalty and
interest charges on unpaid balances.
Utility Services Director Terry Pinto responded that the
penalty is 1-1/2% a month, and the bills are about $15,000.00 a
month.
34
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Larry Barkett, local attorney, came before the Board and
stated that he represents the 600 plus residents of Heritage
Village and that Attorney Vitunac is incorrect in saying there is
no remedy. He quoted from Section 201.22 of Ordinance 91-9, which
says water and sewer charges are chargeable to the property owner
and that a lien can be placed on the property. He added that even
though the County may bill the tenant or occupant at the request of
the owner, this shall in no way relieve the owner of responsibility
for payment. The ordinance also says if the owner doesn't pay, you
may shut off the water. However, the landlord would be getting off
scot free and the residents would be without water. Since the
County Attorney signed an agreement with the landlord and the
agreement said the landlord would pay for this water, Attorney
Vitunac was procedurally incorrect, which is why the Court would
not force anyone to pay. He added that the tenant did not order
this water and sewer, the landlord did, and now Attorney Vitunac is
trying to make the tenants pay something that the landlord agreed
to pay.
Attorney Vitunac argued that there is a great risk in
requiring the landlord to pay off the lien when the tenants are
getting free water, because the County may end up being out several
hundred thousand dollars.
Commissioner Scurlock asked why the County doesn't file a
lien, and Director Pinto replied that a new lien would have to be
filed every month; the procedure is to shut the water off, then
file the lien. Although the County has an agreement with the
owner, the water gets shut off when the individual doesn't pay and
then a lien can be filed.
Commissioner Scurlock then asked if there is any requirement
against filing the lien without turning off the water, and Attorney
Vitunac answered that the County would then be at great risk to
never collect the unpaid water bills. He tried to get each party
to come up with some sort of security so the bills could at least
get paid, and thus avoid having to turn off the water. He
reiterated that staff is just trying to prevent having to turn off
the water.
Commissioner Scurlock insisted that the Board was not going to
turn off the water to 400 households, and if anyone thought that,
they must be smoking something. He added that the agreement was
between the County and the owner, and it is very firm in the
contract that the owner is responsible for payment.
01.1
OCTLL 2 01992 Boot
I
OCT 2 0 1992
Attorney Barkett pointed out that the tenants did agree to pay
the water bill, but only if the rental rates were reduced
proportionately. However, Attorney Vitunac wants to take the easy
way out by shutting off the service when foreclosing on the owner
is the right way to do it.
Commissioner Bowman then asked whether the law says that the
landlord may pass the water charges on to the tenant.
Attorney Barkett replied that this is true, but the law
further says this would in no way relieve the owner of his
responsibility to pay the water.
Commissioner Scurlock commented that the County should file
the lien, and then if the County does not win, the County could
then go further and turn off the water, and Attorney Vitunac
responded that if the Board wants to do it that way, he would be
happy to do that.
Commissioner Bird asked if the lien would just stay on forever
until the owner sold the property, and Attorney Vitunac responded
that the County could sue the owner and
get a judgment, but the owner has already said he will not pay.
Attorney Barkett recommended suing the owner and then
executing against him.
Commissioner Scurlock reiterated that the lien should; be
filed, and all the measures that are available to the County should
be pursued.
Commissioner Bird asked what the chances are that the County
would win a lien foreclosure.
Attorney Vitunac explained that in all other instances where
the utility bills were not paid, including apartment buildings, the
water is turned off or at least a threat to turn off the water is
made, and that he had never come across this situation before,
where the County didn't turn off the water.
Commissioner Scurlock pointed out that this is different than
in an apartment building where the tenants can just move out if the
water is turned off. These are owners of mobile homes that are
sitting on the property, and they can't just move out because the
homes are not actually mobile.
Attorney Barkett stressed that between 1974 and 1992, the
landlord provided free water until all of a sudden he decided he
wasn't going to pay the water bill when county water came in. It
already has been decided that impact fees cannot be passed on until
there is a hearing on the matter. He added that no Court is going
to allow a landlord who signed a contract to pass on -the cost of
the water to the tenants.
36
M M M
Director Pinto emphasized that he hoped the Board would
understand the Utilities Department's position - to collect the
money in the fastest way possible - and that all staff is doing now
is asking the Board for permission to use whatever methods that are
within the ordinances to get the money.
Commissioner Scurlock asked whether, in terms of cash flow,
the Utilities Department could do interim borrowing to cover cash
flow until the money has been collected. He felt sure the money
could be borrowed at an interest rate of less than 18%.
Director Pinto explained that he was not saying the Utilities
Department cannot afford to continue to operate, but that this may
be an expense to the other customers.
Commissioner Scurlock cautioned that the rates charged to the
other customers should not be raised to pay for water used by
people who will not pay, and that with 18% interest charges, it is
not necessary to pass anything on to other customers.
Director Pinto explained that staff is only asking the Board
today for permission to use whatever methods that are within the
ordinances to collect the money as quickly as possible. He added
that he was concerned that the Court would say that because the
County had the option to shut off the water and did not, the money
would not be awarded to the County.
Commissioner Scurlock emphasized that the Board was not going
to turn off water service to 400 people.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Tippin, to go ahead and file the
lien, pursue the mediation, and pursue the remedies
that are available to try to bring this to a
conclusion.
Under discussion, Attorney Vitunac requested that the Board
clarify whether a lien should be filed for just this month, and the
Chairman clarified that continuing liens are to be filed. She
added that she hopes this can be brought to a conclusion in 30
days.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
37
CT 20199 OK V7 fr, JF� 2
W
OCT 2 01992 BOOK
PHYSICAL ARTS CENTER
,-I
87 FAU833
The Board reviewed the following letter dated October 2, 1992:
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF HISTORICAL RESOURCES
R.A. Graf, Building
500 South Bronough
Tallahassee. Florida n399 -MM
Director's Office Telecopier Nummber (FAX)
(904) 488-1480 (904) 488-33.53
October 2, 1992
Indian River County Board of Commissioners
Indian River County Courthouse
1840 25th Street
Vero Beach, Florida 32960
Re: Physical Arts Center
Dear Commissioners:
We are pleased to advise you that the above referenced site has
been proposed for nomination for listing in the National Register
Of Historic Places.
The nomination proposal will be reviewed by the Florida National
Register Review Board in a Public meeting on November 13, 1992.
A copy of the meeting agenda is enclosed. If the Review Board
finds that this property meets the criteria for listing
established by the National Register, a formal nomination will be
submitted to the Keeper of the National Register in Washington,
D.C., who will make the final decision.
The enclosed fact sheets explain the criteria for listing and the
results of listing in the National Register, with references to
the major laws and Federal regulations relating to listed
properties. A copy of the nomination and additional information
on the protection provisions, financial incentives, or other
aspects of the National Register program may be obtained by
calling our Survey and Registration Section at (904) 487-2333.
38
Indian River County Board of Commissioners
October 2, 1992
Page Two -
If you wish to comment on whether or not this property should be
nominated for listing in the National Register, please send me
your comments by November 13, 1992.
Sincerely,
o W. Percy
Sta Historic
GWP:Mbm -
Preservation Officer
Enclosures _
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Tippin, the Board unanimously agreed to
send a letter to the Florida State Historic
Preservation Officer, requesting that the Physical
Arts Center be nominated for listing in the National
Register of Historic Places.
39
�JK8 7 .�
CT 2 0199
OCT 2 01992 800K 87 LvE 835
REQUEST FROM INDIAN RIVER COUNTY COUNCIL ON AGING. INC. FOR
$2,000.00 APPROPRIATION TO PURCHASE MATERIALS FOR SIGNAGE
The Board reviewed the following letter dated October 6, 1992:
TELEPHONE 407 - 569-070
FAX 407 - 567-6944
than River County
ncil On Aging, Inc.
694 -14th STREET • P.O. BOX 2102
VERO BEACH, FLORIDA 32%1
October 6, 1992
Commissioner -Margaret Bowman
Chairman, Transportation Disadvantaged
Local Coordinating Board
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960"
Dear Commissioner Bowman:
The Council on Aging recently received a grant from
the United Way for the purpose of establishing a fixed
route bus route for Indian River County. The Purpose of
the route is to serve the disadvantaged who are able to
get to a bus stop, and are in need of transportation to
the Public Agencies. Funds were provided from the United
Way Special Response Fund and will support this effort for
six months. The Council on Aging is sharing this expense,
approximately equally with the United Way.
On October 2nd, representatives from the agencies met
to discuss the principle pickup locations of their clients
in need, the destination points and the areas to be
served. Details of this meeting have been forwarded under
separate cover.
One major area requiring attention is the posting of
appropriate signage. Each stop on the fixed route is to
have a sign indicating a bus stopand
the bus
schedule for the route. Mike Duek CosuntpEngineer, was
present as agreed to fabricate the signs; however,
approximately $2,000 in materials is required to purchase
materials acceptable for our community signs.
This letter is to request consideration for an
appropriation of $2,000 for the County Engineering
Department to purchase materials for signage.
As transportation continues to be one of the top
priorities of our County, we look forward to your
favorable reply.
S
Transportation
40
-isor
.-I
Administrator Chandler recommended using the
contingency fund to pay for the signage.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously agreed to
appropriate $2,000.00 from the general contingency
fund for the County Engineering Department to
purchase materials for bus route signage, as
recommended by staff.
general
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:30 o'clock a.m.
ATTEST:
(:�)1
Q��
J.( ".arton, Clerk
41
CarolYPIK. Egge r�Iljchairman
view 87
�OCT 2 0 199 ,
0
Boof 87 8S7