HomeMy WebLinkAbout10/27/1992MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBER 27, 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)
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. 1. CALL TO ORDER
2. INVOCATION - None
_ 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
13.B.., Report of Transportation Planning Committee
13.G., Discussion of Irfigation System At Sandridge
Golf Course
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of 8/18/92
7. CONSENT AGENDA
A. Received and Placed on File In Office of Clerk
to the Board:
Office of the Medical Examiner, District 19
September, 1992 Expenditure Report
B. Proclamation Observing Wednesday, November 11, 1992
as Veteran's Day
C. Occupational Licenses Collected During Month of
September, 1992
( memorandum dated October 15, 1992 )
D. Recommendation for New AHAC Member
( memorandum dated September 4, 1992 )
E. Award Bid #3020 / Roseland Water Main Phase I
( memorandum dated October 19, 1992 )
F. Community Transportation Coordinator (CTC) Annual
Evaluation Report
( memorandum dated October 14, 1992 )
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OCT 2 71992
OCT 27 MW
Boa 87 w, 839
7. CONSENT AGENDA (cont'd.):
G.
Progress Report 8 Reimbursement Invoice
Second Year Planning Grant
(1991-92) Invoice #3
( memorandum dated October
6, 1992 )
H.
TDLCB Annual Report and Transportation Dis-
advantaged Annual Budget Estimate
d memorandum dated October
8, 1992 )
I.
Renewal of Abandoned Flow
Well Plugging
Agreement with SJRWMD
( memorandum dated October
19, 1992 )
J.
Additional Right -of -Way; CR
512, Sebastian,
Norpak Corp. Properties
( memorandum dated October
16, 1992 )
K.
Additional Right -of -Way; 66th Avenue, Elliott/
Johnson and Bailey Parcels
( memorandum dated October
16, 1992 )
L.
Release of Utility Liens
( memorandum dated October
19, 1992 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request by Frank Zorc to Discuss Possible
Referendum Vote By IRC Taxpayers Before
Funding Beach Renourishment
( letter dated October 20, 1992 )
(backup provided under separate cover)
B. PUBLIC HEARINGS
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, MAKING IT AN OFFENSE TO SCAVENGE
THE RECYCLABLE CONTENTS OF RECYCLING BINS
OR TO REMOVE SAID BINS
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
Approval of Renewal of Certificate of Public
Convenience and Necessity for I.R.C. to Pro-
vide EMS Advanced Life Support Service
( memorandum dated October 20, 1992 )
11. DEPARTMENTAL MATTERS (cont'd. ):
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Renewal Contract; Third Party Claims
Administration
( memorandum dated October 19, 1992 )
G. PUBLIC WORKS
1. Sandridge Golf Club Second 1118" Change
Order No. 3 & Release of Retainage
( memorandum dated October 19, 1992 )
2. Change Order No. 9104; Revision III
Wabasso High Level Bridge Repairs
( memorandum dated October 15, 1992 )
3. I.R. Boulevard Phase IV 41st Street
Right -of -Way Acquisition
( memorandum dated October 13, 1992 )
H. UTILITIES
1. Charlotte Ave. /62nd
Drive Water Service
Project - Resolution
IV - Final Assess-
ment Roll
( memorandum dated
October 12,
1992 )
2. Bid No. 3031 / Sale
of 1992-93
Grape-
fruit Crop
( memorandum dated
October 15,
1992 )
3. Phase II - Water Main Expansion
Growth
Plan - Resolutions I
and II
( memorandum dated
October 14,
1992 )
12. COUNTY ATTORNEY
Indian River County vs. Schopke Construction
( memorandum dated October 21, 1992 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
B. VICE CHAIRMAN MARGARET C. BOWMAN
OCT 2 7 1996Z
OCT 2 7 1992
13. COMMISSIONERS ITEMS (cont'd. ):
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER JOHN W. TIPPIN
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
Approval of Collective Bargaining Agreement
Between Local 2201, I.A.F.F., EMS Division,
S the I.R.C. Emergency Services District for
the period of Oct. 1, 1992 - Sept. 30, 1993
( memorandum dated October 21, 1992 )
B. SOLID WASTE DISPOSAL DISTRICT
None
1S. ADJOURNMENT
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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 27, 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 27,
1992, at 9:00 o'clock A. M. Present were Carolyn K. Eggert,
Chairman; Margaret C. Bowman, Vice Chairman; John W. Tippin; and
Don C. Scurlock, Jr. Absent was Richard N. Bird who was on
vacation. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Deputy
Clerks Patricia Held and Diane Albin.
The Chairman called the meeting to order, and Attorney Charles
P. Vitunac, led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Bowman requested the addition of Item 13B,
Transportation Planning Committee Report.
Commissioner Scurlock requested the addition of Item 13G,
Irrigation System at Sandridge Golf Course.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously added the
above items to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of August 18, 1992. There
were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board approved the Minutes
of the Regular Meeting of August 18, 1992 as
written.
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OCT 2 7 1992
8m 87 F r 8.93
CONSENT AGENDA
A. Reports
The following was received and placed on file in the office of
the Clerk to the Board:
Office of the Medical Examiner, District 19 - September, 1992
Expenditure Report.
B. Proclamation Observing Wednesday, November 11 1992 as
Veteran's Day
Chairman Eggert read aloud the following Proclamation
Observing Wednesday, November il, 1992 as Veteran's Day:
;P R O C L A M A T I O N,
WHEREAS,' Veterans Day gives all Americans a special.
opportunity to pay.tribute.to all those men and women -who,-
throughout our -history, have left their homes and loved ones
to serve their country;. and
WHEREAS, on this special day, our hearts and. -thoughts
turn to'all County.veterans. With a spirit of pride and.
gratitude, let us' recall their heroic accomplishments `and
thank them for their unselfish devotion to duty; and
WHEREAS, -.in order that we may pay fitting homage to'
.`those.men and women who have proudly served 'in our• Armed,
;Forces,.the Congress has provided that November 11 of each
.year be set aside as a legal public- holiday to honor
American's veterans;.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA proclaims Wednesday, November
11, 1992 as
VETERAN'S DAY
and urges all citizens to recognize the valor and sacrifice
of our veterans through appropriate public ceremonies and to.
encourage participation.in patriotic activities throughout
Indian River County. The:'.Board further urges all citizens
.of this county to support..this national observance .with'
suitable commemorative expressions and programs.
Dated this 27 day of October, 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER,COUNTY, FLORIDA•.i
4 V116
Carolyn Egge hairman
2
r
C. Occupational Licenses Collected During Month of September, 1992
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) accepted the
following report from Tax Collector Gene Morris
summarizing Occupational License Taxes collected
during the month of September, 1992:
1�OxAPD�
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
SUBJECT: Occupational Licenses
DATE: October 15, 1992
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $130,505.62 was collected in occupational license
taxes during the month of September, representing the issuance of
5,267 licenses.
D. Recommendation for New Affordable Housing Advisory Committee
(AHAC) Member
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
appointment of Scott Mingonet to the Affordable
Housing Advisory Committee.
E. Award Bid #3020 - Roseland Water Main Phase I
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated October 19, 1992:
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OCT 2 71992
Boa 87 �.k„ r.895
DATE: October 19, 1992
TO: HOARD OF COUNTY COMMISSIONERS
TIMU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic n
FROM: Fran Boynton Poweli, g Mana,�A Purchasing g er
pili
SUBJECT: Award Bid #3020%Roseland Water Main Phase I
Utilities Department _
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications mailed to:
Replies:
VENDOR
Tri -Sure Corporation
Auburndale, FL
G.E. French Construction
Okeechobee, FL
P & C Construction
Murdock, FL
utility Systems of America
Daytona Beach, FL
Schopke
Melbourne, FL
JoBear
Palm Bay, FL
Derrico Construction
Melbourne, FL
Hall Contracting corporation
Clearwater, FL
Jasco Construction
Ft Myers, FL
Speegle Construction
Cocoa, FL
Driveways, ina
Titusville, FL
October 14, 1992
September 25, 308 Oct. 7, 1992
Seventeen (17) vendors
Eleven (11) vendors
BID TABULATION
$374,742.00
$3770,900.00
$381,980.00
$3841560.00
$384,751.00
$406,210.00
$4091610.00
$426,155.00
$470,682.00
$4718000.00
$487,971.00
TOTAL AMOUNT OF BID: $374,742.00
SOURCE OF FUNDS: Utilities General Impact Fees
BUDGETED AMOUNT: $535,030.00
4
RECONM4MiDATION:
Staff recommends that the bid be awarded to Tri -Sure Corp.
as the lowest, most responsive and responsible b rider meeting
specifications as set forth in the invitation to Bid.
In addition, staff requests the Board's approval of the
attached Agreement, when all requirements are met and
approved as to form by the County Attorney.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) awarded Bid #3020 in
the amount of $374,742.00 to Tri -Sure Corporation,
as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
F. Communication Transportation Coordinator - Annual Evaluation
Report
The Board reviewed memo from Long -Range Planning Chief Sasan
Rohani dated October 14, 1992:
TO: James E. Chandler
County Administrator
D ION HEAD CONCURRENCE
bertM. eat g, AI
Community Developme Director
FROM: Sasan Rohani .54
Chief, Long -Range Planning
DATE: October 14, 1992
RE: COMMUNITY TRANSPORTATION COORDINATOR (CTC) ANNUAL
EVALUATION REPORT
It is requested that the data herein presented be given formal
consideration -by the Board of County Commissioners at their regular
meeting of October 27, 1992.
DESCRIPTION AND CONDITIONS
One requirement of the current year (1991-92) annual element of the
county's coordinated transportation disadvantaged development plan
is that "the Transportation Disadvantaged Local Coordinating Board
(TDLCB) shall evaluate the performance of the Community
Transportation Coordinator and provide a recommendation to the DOPA
for continuation or replacement of the Community Transportation
Coordinator". To facilitate this evaluation process, the TDLCB
developed a set of criteria for the coordinator evaluation. On
September 11, 1992, the Board of County Commissioners, acting as
the county's Designated Official Planning Agency (DOPA), approved
the CTC's evaluation procedures and standards.
5
OCT 27 1Qq? mu fa,`j�
_I
OCT 2 7 1997
To conduct the CTC evaluation, the Transportation Disadvantaged
Local Coordinating Board (TDLCB) established a subcommittee, whose
purpose was to meet with the coordinator and evaluate the
coordinator's performance. Using the criteria established by the
TDLCB, the subcommittee assessed the performance of the Community
Transportation Coordinator and prepared a report addressing the
coordinator's performance in relation to each of the evaluation
criteria. A copy of that report is attached. Based upon its
assessment, the committee recommended that the Indian River County
Council on Aging be retained as the county's CTC.
At its regular meeting on October 15, 1992, the TDLCB approved the
CTC annual evaluation report submitted by the evaluation
subcommittee. The TDLCB also directed staff to forward the
evaluation report to the Board of County Commissioners/DOPA for
review and approval.
Alternatives and Analysis
The Indian River County Council on Aging has been the County's
Community Transportation Coordinator (CTC) since October 1990.
Last year, the Transportation Disadvantaged Local Coordinating
Board (TDLCB) recommended that the BCC/DOPA retain the Council on
Aging as the county's CTC. Subsequently, the BCC/DOPA approved the
TDLCBBIs recommendation and retained the Indian River County Council
on Aging as the coordinator.
This year, a more detailed evaluation of the CTC has been performed
by an evaluation subcommittee of the Local Coordinating Board.
This evaluation was conducted according to the CTC evaluation
procedures and criteria approved by the TDLCB and the BCC/DOPA.
Bas4d upon the evaluation committee's report, the Transportation
Disadvantaged Local Coordinating Board voted to retain the Council
on Aging as the county's CTC.
The Board of County Commissioners acting as the Transportati-on
Disadvantaged Designated Official Planning Agency (DOPA) has
several alternatives. The first alternative is to approve the CTC
annual evaluation report and retain the Council on Aging as the
County's CTC. A second alternative would be to reject the CTC
annual operation report and direct the TDLCB to re-evaluate the
coordinator. A third alternative would be to make changes to the
evaluation report and vote either to retain or terminate the
Council on Aging as the county's CTC.
RECOMMENDATION
The TDLCB and staff recommend that HCC/DOPA approve the attached
CTC annual evaluation report, retain the Indian River County
Council on Aging as the county's CTC, and direct staff to forward
the evaluation report to the State Transportation Disadvantaged
Commission.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
Community Transportation Coordinator's annual
evaluation report, retained the Indian River County
Council on Aging as the County's Community
Transportation Coordinator, and directed staff to
forward the evaluation report to the State
Transportation Disadvantaged Commission.
C
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G. Progress Report and Reimbursement Invoice - Second Year
Planning Grant
The Board reviewed memo from Long -Range Planning Chief Sasan
Rohani dated October 6, 1992:
TO: James E. Chandler
County Administrator
DEP TMENT HEAD CONCURRENCE
Robert M. Keating AI
Community Develop ent irector
FROM: Sasan Rohani S•�.
Chief, Long -Range Planning
DATE: October 6, 1992
RE: PROGRESS REPORT & REIMBURSEMENT INVOICE
SECOND YEAR PLANNING GRANT (1991-92) INVOICE #3
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 27, 1992.
DESCRIPTION AND CONDITIONS
It is required, as part of the Transportation Disadvantaged (TD)
Planning Grant contract between the Indian River County Board of
County Commissioners (BCC) as the Designated Official Planning
Agency (DOPA) and the State of Florida Transportation Disadvantaged
Commission (TDC), that periodic progress reports and reimbursement
invoices be submitted. To comply with the TDC Is requirements,
staff has prepared a progress report and invoice for the period
from July 1, 1992 to September 30, 1992.
For the second year planning grant (1991-92), the invoice and
progress report represents the third submittal. This progress
report and applicable finished products, such as the Local
Coordinating Board (LCB) meeting minutes, by-laws, etc., are
required to accompany all reimbursement invoices.
Attached for your review is a copy of draft invoice #3 and the
progress report. This report; along with the appropriate
supporting documents, will be submitted to the TDC upon the Board
of County Commissioners/DOPA approval.
On October 15, 1992, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the attached
progress report and invoice. At that time, the TDLCB recommended
that the Board of County Commissioners, in its capacity as the
Transportation Disadvantaged Program Designated Official Planning
Agency (DOPA), approve the attached progress report and invoice and
forward these to the TDC.
ALTERNATIVES AND ANALYSIS
Attached is a copy of the progress report and invoice for the July
1, 1992, to September 30, 1992 period.
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OCT 27 1992 BOOK 87 u, 99
Finished products such as the TDLCB meeting minutes, by-laws, and
reports are required to accompany all reimbursement invoices.
These materials will be submitted to the state along with the
reimbursement invoice and the progress report.
The BCC/DOPA's alternatives are either to approve the transmittal
of the Progress Report and reimbursement invoice as submitted, to
approve transmittal of the Progress Report and invoice with
revisions, or to deny the transmittal of the Progress Report and
reimbursement invoice to the state.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners/DOPA approve the Progress Report and reimbursement
invoice, and direct staff to transmit the report and the invoice to
the State of Florida Transportation Disadvantaged Commission.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
progress report and reimbursement invoice, and
directed staff to transmit the report and the
invoice to the State of Florida Transportation
Disadvantaged Commission, as recommended by staff.
H. Transportation Disadvantaged Local Coordinating Board (TDLCB)
Annual Report and Transportation Disadvantaged Annual Budget
Estimate
The Board reviewed memo from Long -Range Planning;Chief Sasan
Rohani dated October 8, 1992:
TO: James E. Chandler
County Administrator
DI ON HEAD CONCURRENCE
obert M. Keating?ent
IC
Community Develop rector
FROM: Sasan Rohani �2 .
Chief, Long -Range Planning
DATE: October 8, 1992
RE: TDLCB ANNUAL REPORT AND TRANSPORTATION DISADVANTAGED
ANNUAL BUDGET ESTIMATE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 27, 1992.
DESCRIPTION AND CONDITIONS
In order to comply with Rule 41-2, Florida Administrative Code,
the Board of County Commissioners must submit several reports to
the State of Florida Transportation Disadvantaged Commission.
8
Included among those submittals are: a Transportation Disadvantaged
Local Coordinating Board (TDLCB) Annual Report and a Transportation
Disadvantaged Annual Budget Estimate. The TDLCB annual report
provides a brief summary of the TDLCB's accomplishments/activities
during its second year of operation. The report summarizes the
TDLCB's organization, allocated funding, vehicle inventory and
related activities for fiscal year 1991-92.
Besides mandating submittal of a TDLCB Annual Report, Rule 41-
2.007, Florida Administrative Code, requires that all local, state,
and federal agencies estimate the amount of funding anticipated to
be available through the Community Transportation Coordinator
system during the next fiscal year (1992-93) and report that
information to the Local Coordinating Board.
The rule requires that the annual budget estimate be submitted to
the Local Coordinating Board by November 1 of each year and to the
Transportation Disadvantaged Commission by December 1st.
This year's procedure. is different than that followed in past years
in that the current procedure requires the identification of only
those funds to be expended through the°coordinated system and not
all funds. For the current FY, the Community Transportation
Coordinator (the Indian River County Council on Aging) has
contracts with only two transportation disadvantaged providers.
__. These are: the Indian River County Veteran's Council and the
Association for Retarded Citizens (ARC). Therefore, this year's
budget estimate includes funds to be expended by the Indian River
County Council on Aging (COA), the Indian River County Veteran's
Council, and the Association for Retarded Citizens.
The COA's local funds are provided by the county, municipalities
within the county, general contributions, fund raising activities,
and gifts. State funds are from the Community Care for the Elderly
(CCE) program, the Transportation Disadvantaged Commission's (TDC)
TD trust fund program, the Florida Department of Transportation's
(FDOT) Section 16 B2 and Section 18 programs, and the Medicaid
program. Federal funds are from Title IIIB (Older Americans Act).
ARC's local funds are from private contributions and gifts, while
their state funding is from the HRS..and the TDC. The Veteran's
Council's local funds are from local contributions and gifts; their
state funds are from the TDC.
On October 15, 1992, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the attached TDLCB
annual report and annual budget estimate. At that time, the TDLCB
recommended that the Board of County Commissioners, in its capacity
as the Transportation Disadvantaged Program Designated Official
Planning Agency (DOPA), approve the attached reports and forward
these reports to the TDC.
ALTERNATIVES AND ANALYSIS
Attached is a copy of the TDLCB annual report for fiscal year 1991-
92 and the Transportation Disadvantaged annual budget estimate for
Fiscal Year 1992-93. These reports must be submitted to the State
of Florida Transportation Disadvantaged Commission.
The BCC/DOPA's alternatives are either to approve the transmittal
of these reports as submitted, to approve transmittal of the TDLCB
annual report and TD annual budget estimate with revisions, or to
deny the transmittal of these reports to the state.
9
OCT 27 1992 Boa�$�,'�
OCT 27 1997 B
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners/DOPA approve the TDLCB annual report for fiscal year
1991-92 as well as the TD annual budget estimate for fiscal year
1992-93 and direct staff to transmit those reports to the State of
Florida Transportation Disadvantaged Commission.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
Transportation Disadvantaged Local Coordinating
Board annual report for fiscal year 1991-92, as well
as the Transportation Disadvantaged annual budget
estimate for fiscal year 1992-93, and directed staff
to transmit those documents to the State of Florida
Transportation Disadvantaged Commission.
I. Renewal of Abandoned Flow Well Plugging Agreement with St
Johns River Water Management District (SJRWMD)
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated October 19, 1992:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
obert M. Keating, AICP
Community Develoopnt ector
FROM: Roland DeBlois AICP
Chief, Environmental Planning
DATE: October 19, 1992
RE: Renewal of Abandoned Flow Well
Plugging Agreement with SJRWMD
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 27, 1992.
DESCRIPTION AND CONDITIONS
On October 3, 1989, the county entered into a 50/50 cost share
program with the St. Johns River Water Management District (SJRWMD)
to plug abandoned artesian wells on county utilities property. The
agreement was subsequently amended on March 26, 1990 to extend to
a county -wide program, with a county commitment to allocate a total
of $30,000 ($15,000 for utilities property, $15,000 for county -wide
private property) on a fiscal year basis. Under the program,
SJRWMD matches the county's funds with $30,000 of their own,
resulting is a total of $60,000 per fiscal year allocated for well
plugging.
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The agreement was renewed by the Board of County Commissioners to
extend through fiscal year 1991-1992. This matter is now being
brought to the Board for consideration to renew the contract
through fiscal year 1992-1993.
ALTERNATIVES & ANALYSIS
The Board of County Commissioners has approved the allocation of
$15,000 in the Utilities Department budget and $15,000 in the
Community Development Department budget for fiscal year 1992-1993,
for the county/SJRWMD well plugging cost share program.
Abandoned flow wells result in the unnecessary consumption of
groundwater. Moreover, artesian flow wells tend to have high
chloride levels, and in turn lower water quality in the surficial
aquifer, which is commonly used for private potable wells. This
past fiscal year, the program was so successful that funds
allocated for county -wide well plugging were completely expended by
Spring 1992. Wells ear -marked for plugging after that date have
been put on a waiting list for funds slated for this fiscal year.
RECOMMENDATION
Staff recommends that the Board of County Commissioners renew the
abandoned flow well plugging cost share agreement with the SJRWMD
for FY 1992-1993 and authorize the. chairman to execute the attached
agreement.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) renewed the cost
share agreement for plugging abandoned flow wells
(artesian wells) with the St. Johns River Water
Management District for fiscal 1992-93, as
recommended by staff.
-��L-'-� ;�.Zy/!'-
EXECUTED AMENDMENT TO AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
J. Additional_ Right -of -Way - CR 512 Sebastian Norpak Corp
Properties
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated October 16, 1992:
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rOCT 27 1992
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E
Public Works Director-
and
irectorand ✓�
Roger D. Cain, P.E.
County Engineer
FROM: Donald G. Finney, SRA
County Right of Way Agent
806E
SUBJECT: Additional Right -of -Way; CR 512, Sebastian, Norpak Corp. properties
DATE: October 16, 1992
Additional right-of-way is needed at the north side of existing County Road 512 for the future
improvements for the Twin Pairs project in Sebastian, Florida. The appraised value for the five
parcels is $43,709.64 which was unacceptable and counter offered for $55,000 by the property
owner. Norpak Corporation, Mr. Coraci, President, has agreed to sell five parcels to the county for
a total of $49,355. Mr. Coraci's firm is represented by Owens & Associates, Attorneys in Daytona
Beach who have negotiated this settlement. The total attorney fee is $933.00.
• i 1 z 107411• t
Staff requests the Board accept the $49,355 contract and attorneys $933.00 fee and direct the
Chairman to execute the contract on the Board's behalf.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
Contract for Sale and Purchase with Norpak
Corporation for additional right-of-way in the
amount of $49,355.00, and payment of $933.00
attorney's fee, as recommended by staff.
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
K. Additional Right -of -Way; 66th Avenue Elliott/Johnson and
Bailey Parcels
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated October 16, 1992:
12
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger -D. Cain, P.E. ,
County Engineer
FROM: Donald G. Finney, SRA CONSENT AGENDA
County Right of Way Agent
SUBJECT: Additional Right -of -Way; 66th Avenue, Elhott/Johnson and Bailey Parcels
DATE: October 16, 1992
r IRVINZr • r •
George Lambeth, President of Golden River Fruit Co., is constructing a new packing house on 66th
Avenue between Oslo Road and 5th Street SW. Mr. Lambeth and the county staff wish to cooperate
on the paving of a 1/2 mile section of 66th Avenue. Mr. Lambeth owned a portion of the needed
right-of-way, and his right-of-way parcels have been acquired. To accomplish this joint project,
Indian River County needs an additional 40 feet of right-of-way on 66th Avenue from two additional
properties.
The County Public Works Department offered to purchase the parcels at $12,500.00 per acre. The
following property -owners have agreed to sell and have signed contracts as follows:
1) Edward W. Elhott/Johnny H. Johnson, .60 acre R -O -W @ $20,000 /acre $12,000.00
2) Stephen M. & Lucia H. Bailey, .56 acre R -O -W @ $16,500 /acre $ 9,240.00
and existing drainage relocation work
Staff requests the Board accept the contracts and direct the Chaiman to execute the contracts on the
Board's behalf.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved Contracts
for Sale and Purchase with E. W. Elliott/J. H.
Johnson and with Stephen & Lucia Bailey, as set
forth in the above staff recommendation.
CONTRACTS FOR SALE AND PURCHASE
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
13
Lauf 87 i�1,904
now 87 cm,1905
L. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated October
19, 1992:
TO: Board of County Commissioners
441,
142 AW�
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: October 19, 1992
RE: CONSENT AGENDA - BCC MEETING 10/27/92
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
North Beach A -1-A Water Main in the names of:
STEIN
HEWITT /GORSUCH/LEWIS
2. Release of Special Assessment Lien from
Eight Street Water Project in the name:
GARBER
3. Release of Special Assessment Lien from
Glendale Lakes Water Project in the names of:
ROBISON
SYRAZZULA/STARR
4. Release of Special Assessment Lien from
Old Sugar Mill Water Project in the name of
STONE
5. Release of Special Assessment Lien from
Phase I Water Project in the names of :
DAVIS
ROTT
CLEVELAND
6. Release of Special Assessment Lien from
Royal Poinciana Project in the names of:
BREEGLE'
REMSTEDT
ALBRECHT
CASSARA
GIANUZZI, SR.
SPEARE
14
7. Release of Special Assessment Lien from
Glendale Terrace Water Project in the names of:
TOVEY
WHALEN
MIEROP
WADSWORTH
FIRST UNION/LEFFLER/PAYNE
8. Release of Special Assessment Lien from
Summerplace Water Project in the name of:
WARNOCK
9. Release of Special Assessment Lien from
Floridacres Water Project in the names of:
HIERS
HOLMSTROM
10. Release of Special Assessment Lien from
12th Street Water
Project in the names of:
ERVIN
WEIMANN
GASKIN (2)
WARD
GILA
DUNMEYER
GRAUL
SADLEK
HILLS
ANDERSON
KESNEY
SLAUGHTER
MOORE
McCORMICK
NICOTRA (2)
WHARRAN
PARKES
SEEMANN
SACCO
MITCHELL (2)
SANTORO
VOGT
SKISCIM
McNEAL, SR.
SPIEGELBERG
NOTTAGE, B.
STEIGER
NOTTAGE, R. (2)
THOMAS, SR.
BARKETT
TRESSLER
DISINGER
WARREN
FRAZHO
DURAY
BEDFORD
PARRISH/HORAN
COCHRAN
SOMMERS
McKENZIE, III (2)
PROFETA
LEE
FREDA
BROWN
LOCKE
LLERENA
PLEIE/ALDRICH
PILGRIM REST CHURCH
ALDRICH
PIGGOTT
GEHM
BATTAGLIA
MOELLER
BATTAGLIA
SMITH
BLANTON
JOHNSTON
ASTOR
SCZUREK, SR.
RIDGEWAY
HICKMAN
DAULTON
PANEBIANCO
HATCH, SR.
HAYES
HANKLE
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved the listed
Releases of Liens, as recommended by staff.
SAID LIEN -RELATED DOCUMENTS
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
4�
Box. a�,.1- 9:)0'
o� CT 2719sz 'A
r OCT 271992
Boor 87 F,* 907
REQUEST BY FRANK ZORC TO DISCUSS POSSIBLE REFERENDUM VOTE BY IRC
TAXPAYERS BEFORE FUNDING BEACH RENOURISHMENT
Frank Zorc, 2055 DeLeon Avenue, came before the Board and
recounted the history of this subject, the many petitions by
taxpayers against beach renourishment, and the referendum which was
rejected by the taxpayers.
Chairman Eggert commented that a public hearing would have to
be scheduled and be advertised a month in advance. She would
prefer that the newly -seated Commission schedule such hearing.
Commissioner Scurlock stated that while the Commission has
historically granted requests for public hearings, he did not want
to set a date for a public hearing at this time because new members
will be seated within two weeks, and the new Commission could then
decide on the date and format for considering this request.
Commissioner Tippin indicated that he would like more time to
deliberate on this matter before making a decision.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird being absent) rescheduled Frank
Zorc's request for a public hearing to discuss beach
renourishment to the agenda of November 17, 1992, at
which time the newly -seated Board members could set
a date for a workshop or public hearing to discuss _
this matter.
PUBLIC HEARING - AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA
MAKING IT AN OFFENSE TO SCAVENGE THE RECYCLABLE CONTENTS OF
RECYCLING BINS OR TO REMOVE SAID BINS
The hour of 9:05 o"clock A. M. having passed, the County
Attorney announced that this Public Hearing has been properly
advertised, as follows:
16
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
8 I, zfL, Tie—.
In the matter of--�''`
In the Court, was pub -
fished in said newspaper In the Issues of / {2
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, fora 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 before a this la day or-/,/ �I+r y A.D. 19ON
"y
7' 11 � '�.-neess Manage*
0
(SEAL)
(Clerk of the blrcuit (Ydurt, Indian River County, Florida)
_ ...
?0.7rrAy i't�iftc, 34rt15 of "rTt+ki!
* n Fvrenras up* 79, IW4
The Board oOTICE - PUBLIC HEARMO
River County, Floriida, here proPublioff a
day.
ctO-Hae9 scheduled for 9:05 A.M. on T�
dey, October 27, 1992, to disarms the
Proposed ordinance entitled:
AN Ty. FLORIDA. MAKING ITA CE OF MAN RIVER
`• TO SCAVENGE THE RECYCLABLE CON -
e' TENTS OF RECYCLING BINS OR To RE- '
MOVE SAID sms.
AnY M Who May wish the �
appeal sny decision which
whichHe
iAwing On October need to ensure that a verbstim 2a
� evict Proceedinp b made, which hcludes testlmom,
and evidence
� which the appeal is based.
Oct940133
Commissioner Scurlock led discussion regarding the enforcement
of the ordinance.
Commissioner Tippin asked whether another ordinance, such as
a nuisance ordinance, would cover this situation.
County Attorney Charles Vitunac advised that legal staff has
researched and found no ordinance to address this issue.
Solid Waste Recycling Coordinator Sam Rohlfing explained that
staff did not have a problem that would require a large amount of
enforcement. The intent was to have a vehicle in place because we
have nothing in the code to address this at all.
Director Pinto explained that this ordinance could be cited in
circumstances where someone goes into the business of emptying the
recycling bins. Staff would be able to tell them to stop because
it is against the law, but would only go to enforcement if there is
a complaint.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, she closed
the public hearing.
17
wo, 87 0
L_ OCT 271992
I
OCT 2 71992,
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Tippin, the Board adopted (3-11
Commissioner Scurlock voting in opposition, and
Commissioner Bird being absent) adopted Ordinance
92-41, making it an offense to scavenge the
recyclable contents of recycling bins or to remove
said bins.
and
ORDINANCE 92- 41
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, MAKING IT AN OFFENSE TO SCAVENGE
THE RECYCLABLE CONTENTS OF RECYCLING
BINS OR TO REMOVE SAID BINS.
WHEREAS, Indian River County has a recycling program;
WHEREAS, the success of the program is dependent, in
part, on revenue obtained from recyclable materials; and
WHEREAS, any diverting of recyclable materials to an
unauthorized source results in diminution of revenue to the County
and lessens the viability of the program,
NOW, THEREFORE, BE IT ORDAINED BY THE" BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA _
that:
SECTION 1. AMENDMENT.
A new section 306.09 is added to read as follows:
Section 306.09. Scavenginc recyclable materials.
No person other than the owner, owner's agent, a law
enforcement officer, an Indian River County officer; employee or
agent, or any person authorized by Indian River County shall remove
any of the recyclable contents from a recycling bin, remove the
recycling bin or engage in scavenging the recyclable contents of a
recycling bin.
SECTION 2. SEVERABILITY.
If any section, or 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. 18
SECTION 3. 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 27 day of
October , 1992.
This ordinance was advertised in the Vero Beach Press -
Journal on the 9 day of October , 1992, for a public hearing to
be held on the ' 27 day of October , 1992, at which time it was
moved for adoption by Commissioner Bowman and the motion
was seconded by Commissioner T i p p i n , and, adopted by
the following vote:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. N a y
Commissioner Richard N. Bird Absent
Commission John W. Tippin Aye
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
_ ZA4�
Carolyn K/ Eggert
Chairman
Attest by �~
Jeffrey, K. Barton
Clark -4
Acknowledgment by the Department of State of the State of Florida,
this 4th day of November , 1992.
Effective date: Acknowledgment for the Department of State received
on this 9th day of November , 1992, at 10:00a.m./p.m. and filed
in the Office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
APPROVAL OF RENEWAL OF CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR INDIAN RIVER COUNTY TO PROVIDE EMS ADVANCE LIFE
SUPPORT SERVICE
The Board reviewed memo from Emergency Services Director Doug
Wright dated October 20, 1992:
19
0 C T 271992 moo,i 'GE 1
® CT 2 71992 na 911
TO: Board of County Commissioners
THROUaHa Jim Chandle , unty Administrator
FROM: Do .
Doug Wright, Director
Emergency Services
DATE: October 20, 1992
SUBJECT: Approval of Renewal of Certificate of Public
Convenience and Necessity for Indian River County to
Provide EMS Advanced _Life Support Service_
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next scheduled meeting.
DESCRIPTION AND CONDITIONS
On January 10, 1989, the Indian River County Board of County
Commissioners approved the initial Emergency Medical Services
Certificate of Public Convenience and Necessity for the County to
provide Advanced Life Support. The Certificate was necessary in
order to apply for renewal of the ALS license from the Florida
Department of Health and Rehabilitative Services.
The Certificate was for a period of two years pursuant to the
Indian River County Code of Laws and Ordinances, specifically
Chapter 6.50. The Board approved the renewal of the Certificate on
December 4, 1990, and it is now time to renew both the certificate
issued by Indian River County and the EMS ALS license issued by HRS
since both will expire in January, 1993.
Staff is in the process of preparing the documentation for renewal
of the HRS EMS license and the renewed EMS Certificate of Public
Convenience and Necessity must accompany the application.
ALTERNATIVES AND ANALYSIS
The Indian River County Code of Laws and Ordinances provides for
routine renewal of the Certificate of Public Convenience and
Necessity on application by the certificate holder. This can be
accomplished without a public hearing if the Board has no reason to
believe that the public health, safety, and welfare require it.
Staff submits that there is no known reason to hold a public
hearing and absent that requirement, requests the Board to issue
and renew the certificate routinely.
RECOMMENDATION
Staff respectfully requests that the Board of County Commissioners
approve and renew the EMS ALS Certificate of Public Convenience and
Necessity for a period of two years for Indian River County
authorizing the Chairman to sign the necessary documents for the
issuance of the certificate.
20
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved renewal of
the Emergency Medical Services Advanced Life Support
Certificate of Public Convenience and Necessity for
the period of October 27, 1992 through October 27,
1994, as recommended by staff.
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
r<z WHEREAS, the INDIAN RIVER COUNTY ALS has requested authorization to
Provide
/ ADVANCED LIFE SUPPORT services to the citizens of INDIAN RIVER
` •.. - County; and
J=_ (Advanced Life or Basic Life Support).
7AB WHEREAS, there has been demonstrated there is a need to provide these essential services to
,z the.citizens of this county; and,
WHEREAS, the above named service affirms that it will maintain compliance with the requirements
of the Emergency Medical Services Act (Chapter 401, F.S.) and rules (Chapter 1OD-66, F.A.C.).
.THEREFORE, the Board of County Commissioners of INDIAN RIVER County hereby issues a
certificate of Public Convenience and Necessity to said Company to provide ALS TRANSPORT
.services with limitations as prescribed on this certificate. (BLS,ALS-transport
AIS non -transport)
In issuing this certificate, the governing body of INDIAN RIVER County has considered
recommendations of affected municipalities.
Date Issued OCTOBER 27, 1992. Date of expiration OCTOBER 27, 1994
(Unless certificate is sooner revoked or
suspended)
Limitations:_ INDIAN RIVER COUNTY
v �-
(Chairman Board of
RENEWAL CONTRACT - THIRD PARTY CLAIMS ADMINISTRATION
The Board reviewed memo from Risk Manager Beth Jordan, dated
October 19, 1992:
21
TL271992 J
OCT 2 7 1992
TO: James E. Chandler, County Admini trator
THRU: Jack Price, Personnel Directo
FROM: Beth Jordan, Risk Managern-
DATE: 19 October 1992 Y' - -
Boa 87 i'° VE 13
BIIHJECT: Renewal -Contract; Third Party Claims Administration
We request consent agenda consideration on October 27, 1992, for
the following service agreement.
On September 22, 1992, the Board adopted the 1992-93 insurance
program, including third party claims administration through
Insurance Servicing & Adjusting Company (ISAC) at a cost not to
exceed $33,985.00. The agreement has been executed by-ISAC and is
now presented for Board consideration.
Staff recommends approval of the service agreement and signature by
the Board chairman.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird being absent) approved the service
agreement with Insurance Servicing & Adjusting
Company in the amount of $33,985.00, as recommended
by staff.
SAID CONTRACT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
SANDRIDGE GOLF CLUB SECOND "18'e -CHANGE ORDER NO. 3 AND RELEASE OF
RETAINAGE
Public Works Director Jim Davis commented from the following
memo dated October 19, 1992:
22
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E. .
Public Works Director
FROM: Teny B. Thompson, P.
Capital Projects Manager
SUBJECT: Sandridge Golf Club Second "1$"
Change Order No. 3 and Release of Retainage
DATE: October 19, 1992
DESCRIPTION AND CONDITION
Construction of the second "18" at Sandridge Golf Club is complete except for placement of sand
in the bunkers. The County has accepted and assumed post planting maintenance on all eighteen
- gh
holes. Placement of bunker sand has been delayed until mid November so that it will be clean for
the December opening.
The increases and decreases on the attached Change Order No. 3 are items that adjust contract
quantities to actual quantities of work performed. The total net charge of Change Order No. 3 is a
decrease in the amount of ($8,085.96). This results in a revised contract amount of $1,976,398.16.
C ul►il�l►1� Y • .
Staff recommends the following actions be taken:
1. Approve Change Order No. 3.
2. Approve release of 10% retainage.
3. Approve release of final payment upon completion of all contract items to the satisfaction
of the County and the golf course architect. The final application for payment will be
accompanied by releases or waivers of all liens and all documentation called for in the
Contract Documents.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being'i absent) approved Change
Order No. 3, release of 10% retainage, and final
payment to Guettler & Sons, Inc., upon completion of
all contract items to the satisfaction of the County
and the golf course architect, as recommended by
staff.
CHANGE ORDER NO. 3
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
23
QCT 2 71992
0 CT 2 7 1992
Bm 87 ri,.r 915
CHANGE ORDER NO. 9104-1• REVISION III - WABASSO HIGH LEVEL BRIDGE
REPAIRS-- DPR PROJECT 9104
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated October 15, 1992:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P -.E.
Public Works Director
SUBJECT: CHANGE ORDER NO. 9104-1; REVISION III
Wabasso High Level Bridge Repairs -
DPW Project 9104
Ref. Letter: Susan H. Miles, Tom Quinn Co. Inc. to
James W. Davis dated Oct. 9, 1992
DATE: October 15, 1992 FILE: colIII.agn
DESCRIPTION AND CONDITIONS
Staff has prepared the attached Change Order which decreases the
amount for epoxy injection of cracks in concrete piers. The
resulting Change Order decreases the contract price by
$11,671.84.
ALTERNATIVES AND ANALYSIS
Staff is of the opinion that Change Order No. 9104-1, Revision
III, should be approved.
RECOMMENDATIONS AND FUNDING
It is recommended that Change Order No. 9104-1, Revision III,
which decreases the contract price by $11,671.84 approved. The
new contract amount would be $548,479.16.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved Change
Order No. 9104-1, Revision III, for a new contract
amount of $548,479.16, as recommended by staff.
CHANGE ORDER NO. 1, REVISION III
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
24
INDIAN RIVER BOULEVARD PHASE IV - 41ST STREET RIGHT-OF-WAY
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated October 13, 1992:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E., %
Capital Projects Manager
SUBJECT: Indian River Boulevard Phase IV
41st Street Right -of -Way Acquisition
DATE: October 13, 1992 FILE: 41rowacq.agn
DESCRIPTION AND CONDITIONS
The County has been negotiating with property owners on 41st
Street between US 1 and Indian.River Boulevard to purchase needed
right-of-way. The property owners have requested that the County
evaluate flow through drainage from west of US1. The drainage
calculations for 41st Street did not include the area west of US
1 in the watershed boundaries.
The attached agreement from Carter & Associates, Inc. provides
for evaluating the watershed with revised boundaries, and marking
up a set of plans with all required revisions for flow through
drainage at a cost of $8,300.
The Consultant will be paid for the actual cost of services
rendered, on an hourly rate basis, up to a maximum total not to
exceed prize 11 of $8,300.
Carter & Associates performed all the survey work on 41st Street
under a subcontract to the consultant for Indian River Boulevard
Phase IV, Glace & Radcliff. Carter has established and
maintained a good working relationship with the grove owners and
they have requested that Carter review the plans on their behalf.
For the above reasons, staff feels that Carter & Associates can
best perform the proposed work.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board authorize the Chairman to execute
the attached agreement. Funding is from Account
309-215-541-033.13 - Indian River Boulevard Phase IV.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Tippin, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
agreement with Carter & Associates, Inc., in the
not -to -exceed amount of $8,300.00, as recommended by
staff.
SAID AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
W"
0 CT 27 199 �� ,
ROOK 87 FATE 917
CHARLOTTE AVENUE/62ND DRIVE WATER SERVICE PROJECT - RESOLUTION IV
FINAL ASSESSMENT ROLL
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 12, 1992:
DATE: OCTOBER 12, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTILITY SERVICES
PREPARED JAMES D. CHASTA
AND STAFFED MANAGER OF AS T PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: CHARLOTTE AVENUE/62ND DRIVE WATER SERVICE PROJECT
INDIAN RIVER COUNTY PROJECT NO. UW -91 -06 -DS
RESOLUTION IV - FINAL ASSESSMENT ROLL
d
BACKGROUND
On April 21, 1992, the Indian River County Board of County
Commissioners approved Resolution III, No. 92-61 for the
preliminary assessment roll on the above -referenced project. The
construction of the project has been completed. We are now ready to
begin customer connections and request the Board of County
Commissioners' approval of the final assessment roll (see attached
minutes and Resolution III).
ANALYSIS
The preliminary assessment was for a total estimated cost to be
assessed of $29,121.50, which equated to $0.07652476678 per square
foot of property owned. The final assessment (see attached
Resolution IV and the accompanying assessment roll) is in the amount
of $27,770.00, which equates to a cost of $0.072973 per square foot
of property.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the adoption of Resolution IV.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) adopted Resolution
92-189, certifying "as -built" costs for installation
of a waterline extension in Charlotte Avenue (82nd
Avenue) and other such construction necessitated by
such project, as recommended by staff.
RESOLUTION 92-189, WITH ASSESSMENT ROLL ATTACHED,
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD _
26
RESOLUTION NO. 92- 18 9
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATION OF A WATERLINE EXTENSION IN
CHARLOTTE AVENUE (62ND DRIVE), AND OTHER
SUCH CONSTRUCTION NECESSITATED BY SUCH
PROJECT; PROVIDING FOR FORMAL COMPLETION
DATE, AND DATE FOR PAYMENT WITHOUT
PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian River
County determined that the improvements for the property located
within the boundaries described in this title were necessary to promote
the public welfare of the county; and . 6
WHEREAS, on Tuesday, April 21, 1992, the Board held ' a public
hearing at which time and place the owners of property to be assessed
appeared before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 92-61, which confirmed the special
assessment cost of the project to the property specially benefited by
the project in the amounts listed in the attachment to that resolution;
and
WHEREAS, the Director of Utility Services has certified the actual
"as -built" cost now that the project has been completed is less than in
confirming Resolution No. 92-61,
NOW, THEREFORE, .BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 92-61 • is modified as follows: The completion date
for the referenced project and the last day that payment may be
made avoiding interest and penalty charges is ninety days after
passage of this resolution.
2. Payments bearing interest at the rate of 9-3/4% per annum may be
made in ten annual installments, the first to be made twelve
months from the due date. The due date is ninety days after the
passage of this resolution.
27
OCT 27 1992 now 87 =1hu U
OCT 2 7199
®OGK 87 F -Aa 919
The final assessment roll for the project listed in Resolution No.
92-61 shall be as shown on the attached Exhibit "A."
The assessments, as shown on the attached Exhibit "A," shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown on Exhibit "A," attached to Resolution No.
92-61, were recorded by the County on the public records of
Indian River County, and the lien shall remain prima facie
evidence of its validity.
The resolution was moved for adoption by Vommissioner
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 A b s.,e'n t
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 27 day of October , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By eLo /
Carol K. Egge
Ch an
BID NO. 3031 — SALE OF THE 1992-93 GRAPEFRUIT CROP
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 15, 1992:
28
3.
4.
®OGK 87 F -Aa 919
The final assessment roll for the project listed in Resolution No.
92-61 shall be as shown on the attached Exhibit "A."
The assessments, as shown on the attached Exhibit "A," shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown on Exhibit "A," attached to Resolution No.
92-61, were recorded by the County on the public records of
Indian River County, and the lien shall remain prima facie
evidence of its validity.
The resolution was moved for adoption by Vommissioner
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 A b s.,e'n t
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 27 day of October , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By eLo /
Carol K. Egge
Ch an
BID NO. 3031 — SALE OF THE 1992-93 GRAPEFRUIT CROP
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 15, 1992:
28
DATE: OCTOBER 15, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT ti�I
DIRECTOR OF UTILIT SERVICES
STAFFED AND
PREPARED BY: TERRY H. DRUM WV
ENVIRONMENTAL SPECIALIST
DEPARTMENT OF UTILITY SERVICES
SUBJECT: BID NO. 3031 - SALE OF THE 1992-93 GRAPEFRUIT CROP
BACKGROUND:
On September 22, 1992, a bid package was prepared for the sale of
the grapefruit crop for 1992-93 (see attached bid package). The bid
opening date was October 14, 1992. No bids were received.
ANALYSIS:
As in previous years, an attempt to solicit bidders for the harvest
of the grapefruit crop has resulted in no bids. Last year's
negotiated sale resulted in a total amount of $56,826.00 for the
1991-92 grapefruit crop.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners authorize the Department of Utility
Services to -negotiate the sale of the 1992-93 grapefruit crop.
Chairman Eggert led discussion regarding the lack of bids for
our grapefruit crop.
County Administrator Chandler replied that staff had contacted
potential bidders who indicated that the quality of the fruit was
not up to their standards, and they did not want to get involved in
purchasing the crop from a government agency because of the amount
of paperwork required.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) authorized staff to
negotiate for the sale of the 1992-93 grapefruit
crop.
W,
L_ OCT 2 i 9a
8g�����r
OCT 27 1992 BooK 87 N92', 1
PHASE II - WATER MAIN EXPANSION GROWTH PLAN - RESOLUTIONS I AND II
Utility Services Director Terry Pinto made the following
presentation:
DATE: OCTOBER 14, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO— r;
DIRECTOR OF UTILITY SERVICES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF AS S PROJECTS
BY: DEPARTMENT O LITY SERVICES
SUBJECT: PHASE II - WATER MAIN EXPANSION GROWTH PLAN
INDIAN RIVER COUNTY PROJECT NO. UW-91-14-DS
RESOLUTIONS I AND II
d
BACKGROUND
On October 23,'1990, the Indian River Board of County Commissioners
gave conceptual approval of the installation of water facilities as
part of the Water Main Expansion Growth Plan. The Department of
Utility Services has developed a phased plan to meet the
Comprehensive Plan requirements. (See attached Agenda Item and
Minutes.) On June 11, 1991, the Indian River Board of County
Commissioners approved a negotiated agreement with McQueen and
Associates for the Phase II design and additional services. The
design of the system is complete. We are now ready to begin the
assessment process associated with this project. (See attached
Minutes and Agenda Item.)
ANALYSIS
Attached are Resolutions I and II for the assessment project. The
project will serve the
following described areas:
Subdivision
Location
Pine Hill Park
30th Avenue, south of 4th Street
Clemann Estates
North of 4th Street to 6th Street, 35th
"
Avenue to 38th Avenue, South of 4th
Street from 35th Avenue west, 3rd Place
south to 2nd Place -
Westwind
Northeast corner of 43rd Avenue at 4th
Street, 5th Place south to 4th Place and
42nd Court
Westlake Park
West side of 43rd Avenue, 2nd Street
north to 2nd Circle
Stevens Park
West side of 43rd Avenue to 50th Avenue,
south side of 2nd Street to north side of
1st Street SW
Emerson Park
South of 4th Street to 2nd Street, east
of 35th Avenue to just east of 32nd
Avenue
30
Ring's Music Lands
West of 58th Avenue (Kings Highway) to
60th Avenue, 59th Street south to 57th
Street
Bentwood Terrace 38th Court, north of 4th Street
Florence Acres S/D 39th Court, north of 4th Street
Fox Haven North of 4th Street, 4th Place, 31st and
33rd Avenues
Vero Beach Homesites 1st Lane to 1st Street SW, east from 35th
Avenue to the 2800 block
F
Graves Annex 8 lots on 1st Road, east of 29th Avenue
from 35th Avenue, east into the 2800
block
Metes and Bound•Parcels Various, abutting various streets
1. *hroughout the above
The attached map displays the area to benefit from the assessment
project. The total cost to be assessed is $1,685,756.24. The cost
per square foot is $0.118570. This project contains 1,055 Parcel
I.D.'s, including 1,416 parcels and platted lots, of which 1,277 or
90.18% are substandard or "undersized," according to Indian River
County's Comprehensive Plan, and the County Public Health Unit,
Division of Environmental Health, which require that new lots
utilizing well and septic systems be a minimum of one-half acre. If
served by a public water system, the lot may be reduced to
one-quarter acre in size. Lots not meeting these minimum standards
are called "undersized lots."
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Resolutions which
set the public hearing date.
Director Pinto further commented that Phase I began operation
around September 15 and the Department of Utility Services had
already received 380 requests for connection.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved Resolutions
92-190 providing for Phase II of the water main
extension growth plan, as recommended by staff.
31
OCT 2 7 1992
Boa S '�n i
®c, 2 7 1992
Providing (First Reso. )
10/14/92 (legal) Vk/DC
RESOLUTION NO. 92- 1 go
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR PHASE II OF THE
WATER MAIN EXTENSION GROWTH PLAN;
PROVIDING THE TOTAL ESTIMATED COST,
METHOD OF PAYMENT OF ASSESSMENTS, NUMBER
OF ANNUAL INSTALLMENTS, AND LEGAL
DESCRIPTION OF THE AREA SPECIFICALLY
SERVED.
sou 87 92-3
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the improvements herein described are
necessary to promote the public welfare of the county and has deter-
mined to defray the cost thereof by special assessments against certain
properties to be serviced by Phase II of the Water Main Extension
a
Growth Plan, located generally in the areas west of 27th Avenue, east
and west of 43rd Avenue, north and south of 4th Street, and west of
Kings Highway between 57th and 59th Streets, hereinafter referred to
as Project No. UW -91 -14 -DS;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that Phase II of the Water Main
Extension Growth Plan shall be installed in 1,055 properties, which
are located generally as described above, and the cost thereof
shall be specially assessed in accordance with the provisions of
Sections 206.01 through 206.09 of the Code of Laws and
Ordinances of Indian River County.
2. The total estimated project assessment cost of the above-described
improvements is shown to be $1,685,756.24 or $0.118570 per square
foot to be paid by the property specially benefited as shown on
the • assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.118570 per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced
' County Code.
32
RESOLUTION NO. 92-190
4. The special assessments shall be due and payable and may be paid
in full within 90 days after the date of the resolution of the Board
with respect to credits against the special 'assessments after
completion of the improvements ( the "Credit Date") without
h '
interest.
If not
paid
in full, the
special assessments may be paid in
ten
equal
yearly
installments
of principal plus interest. If not
paid
when
due,
there shall
be added a penalty of 1-1/2% of
the
principal not paid when due. The unpaid balance of the special
assessments shall. bear interest at a rate of 9-3/4% from the Credit
Date until paid.
5. There is presently on file with the Department of Utility Services a
plat showing the area to be assessed, plans and specifications, and
an estimate of the cost of the proposed improvements. All of these
are open to inspection by the public at the Department of Utility
Services.
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution (along with
a map showing the areas to be served) to be published at least
one" time in the Vero Beach Press Journal before the public hearing
required by Section 206.04.
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 John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 27 day of October , 1992.
BOARD OF COUNTY COMMISSIONERS `
INDIAN RIVER COUNTY, FLORIDA
By �� :a•
fl
arolyn Eg
33
Chairm ,
Boa 87 �,n
OCT 2 71992 Boa 87 ,Aur Rw.5
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) approved Resolution
92-191, setting a public hearing for Tuesday,
December 8, 1992, as recommended by staff.
Time and Place (Second Reso.) 10/14/92(legal)Vk/DC
RESOLUTION NO. 92- 1 9 1
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED
GENERALLY IN THE AREAS WEST OF 27TH
AVENUE, EAST AND WEST OF OF 43RD' AVENUE,
NORTH AND SOUTH OF 4TH STREET, AND WEST
OF KINGS HIGHWAY BETWEEN 57TH AND 59TH
STREETS, AND OTHER INTERESTED PERSONS,
MAY APPEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF CONSTRUCT-
ING PHASE II OF THE WATER MAIN EXTENSION
GROWTH PLAN, AS TO THE COST THEREOF, AS
TO THE MANNER OF PAYMENT THEREFOR, AND
AS TO THE AMOUNT THEREOF TO BE SPECIALLY d
ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY. ' . •
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 92 -1 O determined that it is necessary
for the public welfare of the citizens of the county, and particularly as
to those .living, working, and owning property within the area
described hereafter, that a waterline be installed in approximately 1,005
properties hereinafter described; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.118570 per square foot; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to the Board;
and
WHEREAS, Section 206.06, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and place at
which the owners of the properties to be assessed or any other persons
Interested therein may appear before the Board of County
Commissioners and be heard as to the propriety and advisability of
constructing such water main extension, as to the cost thereof, as to
\ the manner' of payment therefor, and as to the amount thereof to be
assessed against each property benefited thereby,
.NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. the County Commission shall meet at the County Commission
Chambers in the County Administration Building at the hour of
9:05 a.m. on Tuesday, December 8, 1992, at which.time the
34
RESOLUTION NO. 92- 191
owners of the properties to be assessed and any other interested
persons may appear before said Commission and be heard in regard
thereto. The area to be improved and the properties to be
specially benefited are more particularly described upon the
assessment plat and the assessment roll with regard to the special
asseasments .
2. All persons interested in the construction of said improvements and
the special assessments against the properties to be specially
benefited may review the assessment plat showing the area to be
assessed, the assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the office of
the Department of Utility Services any week day from 8:30 a.m.
until 5:00 p.m.
3. Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week
apart. The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Department of
Utility Services shall give the owner of each property to be
specially assessed at least ten days notice in writing of - such time
and place, which shall be served by mailing a copy of such notice
to each of such property owners at his last known address.
The resolution was moved for adoption by Commissioner
S cij r 1 n r_ k , 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 John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 27 day of October , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By /� 1
Carol' n K. Egg
Ch man 0
35
CT 27 1992 BOOK 87 FA J:r 926
I
OCT 27 IN2
BOOK 87 PaGF 927
INDIAN RIVER COUNTY VS. SCHOPKE CONSTRUCTION
County Attorney Charles Vitunac commented from the following
memo dated October 21, 1992:
TO: Board of County Commissioners �%/�
FROM: Terrence P. O'Brien - Assistant County Attorney/ - (
DATE: October 21, 1992
SUBJECT: INDIAN RIVER COUNTY VS. SCHOPKE CONSTRUCTION
The subject law suit is to recover damages for money spent by IRC to
correct the Detention Electronics System of Phase II of the Jail. The
system was originally installed by ECSI a subcontractor of Norman K.
Dean, Inc. who was the subcontractor of Schopke.
The Court ordered mediation before Judge Daniels (retires). Mediation
was held on October 19, 1992 in Orlando. Mediation began at 9:30 a.m.
and concluded at 6:00 p.m. The parties present were:
Indian River County
Schopke Construction Company
Hartford Insurance Company
W.R. Frizzell (Architects)
Norman K. Dean, Inc.
ECSI
Judge Daniels is a very experienced jurist and mediator. He had an
excellent grasp of all the facts and realities of the situation. It was
his opinion that the County's case had a "settlement value" of between
$150,000 to $200,000. I had independently reached a similar conclusion
after living with the suit for a number of months.
Judge Daniels worked very hard to try and reach a settlement around
the $160,000 level; however, ECSI which is primarily responsible for the
faulty installation appears to be a marginal company with little assets
and no bond. Norman K. Dean who would be next in line of respons-
ibility is in a little better financial shape. The compensation package
to Indian River County assembled by Judge Daniels is as follows:
Norman K. Dean $90,000 _
W. R. Frizzell 35,000
Schopke Construction 20,000
ECSI 109000
$155,000
Frizzell's contribution is very substantial in view of the fact that they
have little, if any, liability. Frizzell's offer is being made in a good
faith effort to avoid the time and expense of a law suit ( Dean has made
allegations that the specifications provided by Frizzell were faulty.
There is no substantial evidence to establish this as a fact) Frizzell
makes their offer on the condition that their contribution be paid over a
five year period. This, in my view, is reasonable given the fact that
there is little, if any, evidence to establish faulty specifications.
36
� � r
In view of ECSI's financial position, they will need 90 days to make
their contribution. If they fail to make their contribution within the
time specified then the settlement is null and void with respect to all
parties and the case will continue. The reason Schopke's contribution
is only $20,000, even though he is the reason ECSI was on the job, is
that Schopke is fully protected and indemnified and would in all
likelihood never have to pay any money.
In view of the foregoing, it is my recommendation that the BCC accept
the $155,000 as full settlement under the conditions set forth herein.
Attorney Vitunac additionally reported the following:
TO: Charles P. Vitunac, County Attorney
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: October 26, 1992
RE: INDIAN RIVER COUNTY V. SCHOPKE
Cost to County for Detention Electronics:
Blevins contract repair and install $343,000
Dean's contract with SCSI + 95,000
TOTAL $438,000
This $438,000 represents the total amount the County has in the
Detention Electronics not counting ancillary costs such as staff time
and any additional fees paid to the architect.
The SCSI bid of $95,000 was extremely low and resulted in substandard
work using inferior and used equipment. The estimated true value of the
currently installed system is between $240,000 to $300,000. (The
Blevins price of $343,000 included removal of the existing system so
that figure is higher than the true value of the system.)
LOW ESTIMATE
County Cost $438,000
Estimated Value of Installation - 240,000
County Damages $198,000
Settlement 155,000
Net County Loss - $ 43,000
HIGH ESTIMATE
$438,000
- 300,000
$138,000
155,000
+ $ 17,000
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) agreed to accept
$155,000.00 in settlement of the lawsuit against
Schopke Construction, as recommended by staff.
SETTLEMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
37
OCT
71992 "DW, 8 7r� �
FF_ -7
OCT 2 7 1W
toa 87 pm,1929
i
TRANSPORTATION PLANNING COMMITTEE REPORT ON MEETING OF OCTOBER 14
1992
Commissioner Bowman presented the following report:
TRANSPORTATION PLANNING COMMITTEE
SUMMARY OF ACTIONS
October 14, 1992
Road Improvements for 57th _Street_ (Stormgrove Road)
Several residents of Hawk's Nest and Bent Pine communities
came in to discuss the planned extension of Stormgrove Road (57th
Street) to US # 1. They do not see any need to extend this
roadway at this time.
The committee unanimously recommended that 57th Street
improvements be delayed, and to proceed with other options in
that area, such as 53rd Street.
FDOT Public Hearing on District's Tentative Work Program for
FY93 94 through FY97 98 ---- - -"'
There will be a FDOT public hearing at 9:00a.m.don November
18 in the first floor conference room, County Administration
Building.
Need for Sidewalk on North Si_a nde of CR -51_2
Mr. Oberbeck r
expesse_
d eed-for a sidewalk on the north
side of CR -512 from Barber Street toward the elementary school.
He said it is very dangerous for the children to walk along
CR -512 on the north side.
The committee unanimously recommended that a sidewalk be
constructed on the north side of CR -512.
Need for Bike_ Path on South Side of CR -512 to the North County
Mr. Oberbeck said a bike path is needed on the south side of
CR -512 to the library. This should be done along with the
widening of this roadway.
The committee briefly discussed the need - no action was
taken.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Bird being absent) accepted the report
of the Transportation Planning Committee, and
directed the County Administrator to prepare cost
estimates for those improvements.
DISCUSSION REGARDING BID ON IRRIGATION SYSTEM FOR SANDRIDGE GOLF
COURSE
Commissioner Scurlock was concerned about three points; 1) the
depth of the irrigation pipes, 2) the qualifications and
certification of the contractor, and 3) the bid specifications.- _
38
Golf Director lob Komarinetz explained that the irrigation
system is installed in an area which does not get vehicular
traffic, so the depth of 8 inches is sufficient. He further
advised that the request for bids brought only 3 responses. The
golf course staff along with the contractor will review the whole
system and if there is a problem, will require that the pipes be
buried at a deeper level.
Chairman Eggert and Commissioner Tippin cautioned that we must
be concerned not only with vehicular traffic but also workers with
edgers and shovels.
Administrator Chandler reported that he and Public Works
Director Jim Davis conferred on this project and concluded that
with no traffic across it, they did not see a problem in terms of
the 8 -inch depth.
Commissioner Scurlock cautioned that we should have a warranty
on the system, and Chairman Eggert agreed.
EMERGENCY SERVICES DISTRICT
Chairman Eggert announced that immediately upon adjournment
the Board would reconvene sitting as the District Board of
Commissioners of the Emergency Services District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:51 o'clock A. M.
ATTEST:
J. Barton, Clerk
W1
4
Caroly . Egger 'dchairman