HomeMy WebLinkAbout12/1/1992= MINUTE*-diTTACHED=
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, DECEMBER 1, 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) James E. Chandler, County Administrator
Fran B.
Adams
( Dist.
1)
Richard
N. Bird
(Dist.
5) Charles P. Vitunac, County Attorney
Kenneth
R. Macht
(Dist.
3)
John W.
Tippin
(Dist.
4) Jeffrey K. Barton, Clerk to the Board
9:00 A.M. 1. CALL TO ORDER
2. INVOCATION - Rev. G.P. LaBarre, Retired
Trinity Episcopal Church
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO _THE AGENDA/ EMERGENCY ITEMS
7.J. Acceptance of Ann Robinson's Surety Bond
7.K. Addendum to EMS Matching Fund Grant
10.A. Publishing of Agenda in Sebastian Sun
10.B. Schedule date for Appeal of Employment Termination
13.A. Procedures regarding the Beach Restoration Workshop
13.C.1. Resignation of Dan Downey from P & 2
13.C.2. National Conference on Beach Preservation
5. PkOCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of 9/22/92
7. CONSENT AGENDA
A. Release of Easement Request By: Henry
Chambliss 8 Sallie Reese, Lots 23 & 24, Block
2 - Kings Music Lands Subdivision
( memorandum dated November 17, 1992 )
B. Dock License Agreement - Country Club Pointe,
Unit 1 - Francis E. Byrne & Denise P. Byrne
( memorandum dated November 23, 1992 )
�. kesolution Authorizing the Director of Utility
Services to Execute Liens for Unpaid Utility
Services, to Recc. d Them In The Pub6;,� Records,
and To Release Them When Paid
( memorandum dated November 23. 1 332 )
D. Award IRC Bid 3030/Concession - pec. Dept.
( memorandum dated November 19, !9",)
DEC -1 1992 BOOK FACE
7. CONSENT AGENDA
E. Housing Assistance Payments Program - Report on
Voucher for Payment of Annual Contributions
( memorandum dated November 18, 1992 )
F. Release of Utility Liens
( memorandum dated November 17, 1992 )
G. Cancelling Taxes on County Property
Acquisition
( memorandum dated November 17, 1992 )
H. Acceptance of Beverly O'Neill's Surety Bond
as Trustee of the I.R.C. Hospital District
I. Acceptance of Karl Zimmermann's Surety Bond
as I.R.C. Tax Collector
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request from Countryside to Discuss Sewer
Hook-up
( memorandum dated November 19, 1992 )
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
- M
11. DEPARTMENTAL MATTERS (cont'd.):
G. PUBLIC WORKS
Traffic Signal Design-US#1 / Highland Drive
S.W. and SR60 / 82nd Ave. Amendment to
Original Contract and Release of Retainage
( memorandum dated November 23, 1992 )
H. UTILITIES
Vista Royale Force Main Project - Lift
Station Pump Purchase
( memorandum dated November 23, 1992 )
12. COUNTY ATTORNEY
A. Contract for Special Appointed Public Defender
for Non -Capital Felony, Misdemeanor and Juvenile
Cases in Which the County is Required to Provide
for Court -Appointed Counsel
( memorandum dated November 23, 1992 )
B. Contracts - Fire and Burglar Alarm Systems
( memorandum dated November 20, 1992 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
B. COMMISSIONER FRAN B. ADAMS
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER KENNETH R. MACHT
1. Board -Employee Relations
( memorandum dated November 18, 1992 )
( continued from 11/24/92 meeting)
2. County Code of Ethics
( memorandum dated November 18, 1992 )
(continued from 11/24/92 meeting)
E. COMMISSIONER JOHN W. TIPPIN
L -PEC - 11992 BOOK
r -Fr - I Iqaa
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 8/25/92
2. Approval of Minutes - Meeting of 9/15/92
3. Acceptance of Contract / Environmetrics,
Inc.
( memorandum dated November 13, 1992 )
15. ADJOURNMENT
BOOK 68 F�"E 160
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.
s � �
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Tuesday, December 1, 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, December 1, 1992,
at 9:00 A. M. Present were Carolyn K. Eggert, Chairman; Richard N.
Bird, Vice Chairman; Fran B. Adams: Kenneth R. Macht; and John W.
Tippin. Also present were James E. Chandler, County Administrator;
Charles P. Vitunac, County Attorney; and Patricia Held, Deputy
Clerk.
The Chairman called the meeting to order.
Reverend G. P. LaBarre, Retired, Trinity Episcopal Church gave
the invocation, and Chairman Carolyn Eggert led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDAIEMERGENCY ITEMS
Chairman Eggert requested the addition of the following:
7.J. Acceptance of Ann Robinson's Surety Bond
7.K. Addendum to EMS Matching Fund Grant
10.A. Publishing of Agenda in Sebastian Sun
13.A. Procedures regarding the Beach Restoration Workshop
Commissioner Bird requested the following:
13.C.1. Resignation of Dan Downey from the P & Z Commission
13.C.2. National Conference on Beach Preservation Technology
Conference.
Administrator Chandler requested the addition of Item 10.B. to
schedule a date to hear an appeal of termination of employment.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously added the
above items to the Agenda.
DEC -11992 ,SOUK 88 f:,i u 1*1 �
r DEC - 11992
BOOK 88 p -7n
X71
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of September 22, 1992. There
were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board approved the Minutes
of the Regular Meeting September 22, 1992 as
written.
CONSENT AGENDA
Commissioner Adams requested the removal of Item A for
discussion.
A. Release of Easement Request by Henry Chambliss and Sallie
Reese, Lots 23 and 24, Block 2, Kings Music Lands Subdivision
The Board reviewed memo from Code Enforcement Officer Charles
Heath dated November 17, 1992:
TO:
James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
ert M. Kea ing, AICP
Community Developnt rector
F1CP
THROUGH:
Roland M. DeBlo simo,
Chief, Environmental Planning
& Code Enforcement Section
FROM:
Charles W. Heathc.M%N•
Code Enforcement Officer
DATE:
November 17, 1992
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
Henry Chambliss & Sallie Reese
Lots 23 & 24, Block 2 - Kings Music Lands Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of December 01, 1992.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Henry Chambliss and Sallie Reese,
owners of the subject property, for the release of the common three
(3) foot side lot utility and drainage easements of Lots 23 & 24,
Block 2, Kings Music Lands Subdivision. It is the petitioner's
intention to construct a single-family residence on the combined
lots.
2
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The current zoning classification of the subject property is RS -3,
Single -Family Residential District. The Land Use Designation is L-
1, allowing up to three (3) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone Company,
Florida Power and Light Corporation, United Artists Cable
Corporation, and the Indian River Utilities Department, and Road &
Bridge and Engineering Divisions. Based upon their reviews there
would be no adverse impact in supplying utilities to the subject
property.
RECOMMENDATION:
Staff recommends that the Board, through adoption of a resolution,
release the common three (3) foot side lot utility and drainage
easement9of Lots 23 & 24, Block 2, being the northerly three (3)
feet of Lot 23, and the southerly three (3) feet of Lot 24, Kings
Music Lands Subdivision, Section 17, Township 32 South, Range 39
East, as recorded in Plat Book 6, Page 17 of the Public Records of
Indian River County, Florida.
Commissioner Adams asked whether the easements would revert if
the properties were sold as two individual lots.
Deputy County Attorney William G. Collins II advised that when
an easement is released the properties can be sold only under unity
of title.
Community Development Director Bob Keating further explained
that when a release of easement is requested, all the utility
providers are contacted to determine that they can get along
without or do not need that easement, so when the easement is
released it would not need to be put back in.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-218 abandoning certain easements in
Kings Music Lands Subdivision, Lots 23 and 24, Block
2, as requested by Henry Chambliss and Sallie Reese,
as recommended by staff.
K,
DEC X992 BOOK 8 F' Ju D
L_
r- DEC - j 1992
and
BOOK FAUF 173
RESOLUTION NO. 92-218
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
ABANDONING CERTAIN EASEMENTS IN KINGS MUSIC LANDS
SUBDIVISION, LOTS 23 & 24, BLOCK 2, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
17 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, Indian River County has easements as described below,
WHEREAS, the retention of those easements serves no public
purposes,
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
Henry Chambliss & Sallie Reese their successors in interest, heirs
and assigns,. whose mailing address is 4778 Washington Terrace, Vero
Beach, Florida 32967, Grantees, as follow:
Indian River County does hereby abandoned all right, title and
interest that it may have in the following described easements:
the common three (3) foot side lot utility and drainage
easements of Lots 23 & 24, Block 2, Kings Music Lands
Subdivision, being the northerly three (3) feet of Lot
21, and the southerly three (3) feet of Lot 24, Section
17, Township 32 South, Range 39 East, according to the
.plat thereof as recorded in Plat Book 6, Page 17 of the
Public Records of Indian River County, Florida.
THIS RESOLUTION was moved for adoption by Commissioner
Adams , seconded by Commissioner Bird , and
adopted on the 1st day of December , 1992, by the
following vote:
Commissioner Carolyn K. Eggert Ayp
Commissioner Richard N. Bird Aye_
Commissioner Fran Adams Aye_
Commissioner Kenneth Macht Aye
.—
Commissioner John Tippin Aye_
The Chairman declared the resolution duly passed and adopted
1st December
this day of , 1992.
BOARD OF COUNTY, COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By //Q 2-
Carolyo K. Egge
4 airman
� � r
B Dock License Agreement, Country Club Pointe, Unit 1, Francis E.
Byrne and Denise P. Byrne,
The Board reviewed memo from Deputy County Attorney William G.
Collins II dated November 23, 1992:
TO: The Board of County Commissioners
FROM:/ William G. Collins II - Deputy County Attorney
DATE: November 23, 1992
SUBJECT: Dock License Agreement - Country Club Pointe, Unit 1
FRANCIS E. BYRNE and DENISE P. BYRNE
In accordance with the County's policy on permitting construction of docks
on County right-of-way in Country Club Pointe, Unit 1, a License Agreement
between Francis E. Byrne and Denise P. Byrne and Indian River County is
presented for approval.
RECOMMENDATION
That the Board approve the License Agreement and that the necessary
insurance be in place prior to the issuance of a building permit.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously approved
the license agreement with Francis E. Byrne and
Denise P. Byrne for construction of a dock on County
right-of-way in Country Club Pointe, Unit 1, with
the provision that the necessary insurance be in
place before a building permit is issued, as
recommended by staff.
LICENSE AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
C. Resolution Authorizing the Director of Utility Services to
Execute Liens for Unpaid Utility Services, to Record_ Them in the
Public Records and to Release Them When Paid
The Board reviewed memo from Utility Services Director Terry
Pinto dated November 23, 1992:
5
DATE:
NOVEMBER 23, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PIN,,TO,,//
DIRECTOR OF UTZ7�TJ� SERVICES
PREPARED
AND STAFFED HARRY E. ASHER
BY: ASSISTANT DIRE OR OF UTILITY SERVICES
BOOK 88 pnud75
SUBJECT: RESOLUTION AUTHORIZING THE DIRECTOR OF UTILITY
SERVICES TO EXECUTE LIENS FOR UNPAID UTILITY
SERVICES, TO RECORD THEM IN THE PUBLIC RECORDS,
AND TO RELEASE THEM WHEN PAID
BACKGROUND
Section 201.22 of the Code of Laws and Ordinances of Indian River
County authorizes the County to claim a lien against property owned
by customers of the County utility system for unpaid utility
services and to record the liens in the public records.
ANALYSIS
Claiming these liens and releasing them is a routine matter which
could be handled more efficiently by not bringing each lien before
the Board of County Commissioners.
RECOMMENDATION
The Department of Utility Services requests the Board of County
Commissioners' adoption of the attached resolution authorizing the
Director of Utility Services to execute and record claim of lien
forms for unpaid utility bills and to release them when paid, when
such forms and releases are also signed by the County Administrator
and the County Attorney.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 92-219 authorizing the Director of
Utility Services to execute liens for unpaid utility
services, to record them in the Public Records, and
to release them when paid, as recommended by staff.
6
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RESOLUTION NO. 92- 219
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE DIRECTOR OF
UTILITY SERVICES TO EXECUTE LIENS FOR
UNPAID UTILITY SERVICES, TO RECORD THEM IN
THE PUBLIC RECORDS, AND TO RELEASE THEM
WHEN PAID.
WHEREAS, Section 201.22 of the Code of Laws and Ordinances of Indian
River County authorizes the County to claim a lien against property owned
by customers of the County utility system for unpaid utility services and to
record the liens in the public records; and
WHEREAS, claiming these liens and releasing them is a routine matter
which could be handled more efficiently by not bringing each lien before the
Board of County Commissioners;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Director of
the Department of Utility Services shall be authorized to execute and record
claim of lien forms for unpaid utility bills, and to release them when paid,
when such forms and releases are signed also by the County Administrator
and the County Attorney.
The resolution was moved for adoption by Commissioner Ti pni n ,
and the motion was seconded by Commissioner Macht and, upon being
put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 1St day of December , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN/VER COUNTY, FLORIDA
By �
B Lid / -C-�
,C
C olyn K.iYjkfgert
Chairman 4
7
DEC -11992 i 46
�'
r DEC - 11992
BOOK 88 F',{u 177
D. Award Bid 3030, Concession Stand. Recreation Department
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated November 19, 1992:
DATE: November 19, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRII: James E. Chandler, County Administrator
H.T. "Bonny" Dean, Director
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manager
SIIBJ: Award Bid #3030/Concession Stand
Recreation Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
specifications Mailed to:
Replies:
VENDOR
Rayside Truck & Trailer
West Palm Beach, FL
Mowlco Trailers
Rockledge, FL
All Star Carts
Bayshore, NY
Hunter-Knepshield
Crestwood, KY
TOTAL AMOUNT OF BID:
November 4, 1992
October 21, 28, 1992
Sixteen (16) Vendors
Four (4) Vendors
BID TABULATION
$ 8,305.00
$ 8,378.50
$15,200.00
$16,391.00
$ 8,305.00
SOURCE OF FUNDS: Recreation Other Machinery and Equipment
Account
BUDGETED AMOUNT:
RECOMMENDATION:
$15,000.00
Staff recommends that the bid be awarded to Rayside Truck
and Trailer as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#3030 to Rayside Truck & Trailer in the amount of
$8,305.00 for a concession stand, as recommended by
staff.
8
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E. Housing Assistance Payments Program - Report on Voucher for
Payment of Annual Contributions
The Board reviewed memo from Finance Department dated November
18, 1992:
TO: The Honorable Members of the DATE: 11/18/92 FILE:
Board of Catnty Commissioners
SUBJECT: Report on you ctwx for Payment of
Annual Cmtributions - Housing
Assistance Payments Program
FROM: Fiance and REFERENCES:
Rental Assistance
The attached HUD Fbr s 52681 and HUD Fbnn 52595, covering the 1991/92
Fiscal Year, were prepared by the Section 8 Rental Assistance staff with
the corymyrrence of the Finance Department.
We respectfully west that the Honorable yrs of the Board of
County C niss=iers authorize the Chainan! s sigature for submission
to the U.S. Department of Housing and Urbaki Development
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously approved
and authorized the Chairman to execute the Voucher
for Payment of Annual Contributions and Operating
Statement and directed the Finance Director to
submit the report to the U.S. Department of Housing
and Urban Development, as recommended by staff.
COPY OF SAID REPORT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
9
®EC
I
F'OEC - 11992
900K 88 PAG F � 1 o
1
F. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated
November 17, 1992:
TO: Board_ of County Commissioners
gul ko y4uk�
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: November 17, 1992
RE: CONSENT AGENDA - BCC MEETING 12/1/92
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. Partial Release of Special Assessment
Lien from Rockridge Water Project:
RAYMOND
2. Release of Outstanding Utility Account Lien for:
WILLIAMSON
3. Satisfaction of Impact Fee Extensions:
EARLEY
MARTIN
ORESKY
PRADO
SCRAGG
SMITH/WILDE
TARR
MURPHY
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously approved
the releases of liens and satisfactions of impact
fee extensions as listed in staff's memorandum, as
recommended by staff.
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
10
G. Resolution Cancelling Taxes on County Property Acquisition
The Board reviewed memo from Lea R. Keller, CLA, dated
November 17, 1992:
TO: BOARD OF COUNTY COMMISSIONERS
4406, )e.
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: November 17, 1992
RE: CANCELLING TAXES ON COUNTY PROPERTY ACQUISITION
The County has recently acquired some land for right-of-way, 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
resolutions cancelling the taxes due upon lands the County recently
acquired for right of way.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 92-220 cancelling certain delinquent
taxes upon publicly -owned lands, as recommended by
staff.
11
DEC ® 11992 Poow p
rDEC - 9.1992
BOOK 88 PAF
Re: Carter Road (SW lot St.) RIW
Parcel #17-33-39-00001-0150-00002.2
LAMARCUS E. and REBECCA R. HORNBUCKLE
RESOLUTION NO. 92-__M
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, 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 ininutes 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 952, Page 2009, which was recently acquired by Indian River
County for right of way purposes on SW First Street, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Ti ppi n ,
and the motion was seconded by Commissioner Marht , and, upon being
put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 1st day of December , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By C
Carolyn {. Eggert
C11airman
0V
ON MOTION by Commissioner
Commissioner Macht, the Boar
Tippin, SECONDED by
Board
unanimously adopted
Resolution 92-221 cancelling certain delinquent
taxes upon publicly -owned lands, as recommended by
staf f .
Re: Carter Road (SW 1st St.) R/W
Parcel #17.33-39-00001-0130-00003.0
HURLEY R. and CLARICE N. ROUNTREE JR.
RESOLUTION NO. 92- 221
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, 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
Hens for taxes, delinquent or current, against the property described in
O.R. Book 952, Page 1988, which was recently acquired by Indian River
County for right of way purposes on SW First Street, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Tipp,,
;,
and the motion was seconded by Commissioner Macht , and, upon being
put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commic sic -nerFran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 1st day of December , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Carolyry K. Egge l
13 Aairman
-
BOOKDEC 1997C7� F,�Gr IS3
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 92-222 cancelling certain delinquent
taxes upon publicly -owned lands, as recommended by
staff.
Re: 58th Avenue R/W
Pt. of E 10 -Ac of Tr 16 32/32/39
LIVING LORD EVANGELICAL LUTHERAN CHURCH
RESOLUTION NO. 92- 222
A RESOLUTION OF INDIAN RIVER. COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, 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 952, Page 2007, which was recently acquired by Indian River
County for right of way purposes on SW First Street, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Tippin ,
and the motion was seconded by Commissioner Macht , and, upon being
put to a vote, 'the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution., duly passed and
adopted this A st day of December , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVERCOUNTY, FLORIDA
By &S-
' ruz,4,�
Carolyn K. Eggert
14 Chairman
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 92-223 cancelling certain delinquent
taxes upon publicly -owned lands, as recommended by
staff.
Re: R/W 66th Avenue
Pt of Tr 18 Sec 19/33S/39E
STEPHEN M., and LUCIA H. BAILEY
RESOLUTION NO. 92- 223
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, 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
Hens for taxes, delinquent or current, against the property described in
O.R. Book 952, Page 2118, which was recently acquired by Indian River
County for right of way purposes for 66th Avenue, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner TiTFi n
and the motion was seconded by Commissioner Macht , and, upon being
put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this •st day of December , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By ,� cJ �" P'_
Carolyn/K. Egg
e
15 airman
r DEC - 11992
BOOK 88 F, OF J85 -7
H. Acceptance of Beverly O'Neill's Surety Bond as Trustee of the
Indian River County Hospital District
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously accepted
the Surety Bond for Beverly B. O'Neill as Trustee of
the Indian River County Hospital District.
COPY OF SURETY BOND
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
I. Acceptance of Karl Zimmermann's Surety Bond as Indian River
County Tax Collector
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously accepted
the Surety Bond for Karl Zimmermann as Tax Collector
of Indian River County.
COPY OF SURETY BOND
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
J. Acceptance of Ann Robinson's Surety Bond
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously accepted
the Surety Bond for Ann Robinson as Supervisor of
Elections of Indian River County, and amendment to
said Bond, correcting the elected date.
COPY OF SURETY BOND AND AMENDMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
K. Approval of Addendum to Emergency Medical Services Matching
Fund Grant
The Board reviewed memo from Department of Health and
Rehabilitative Services dated November 20, 1992:
16
STATE_ OF FLORIDA
DEPARTMENT OF HEAU11 I AND REHABILITATIVE SERVICES
November 20, 1992
Honorable Richard N. Bird
Indian County
Board of County Commissioners
1840 Twenty Fifth Street
Vero Beach, Florida 32960
Dear Commissioner Bird:
This regards the state EMS matching grant. A new grant condition has
been mandated and added to the 1992 Florida EMS Matching Grant
Program booklet.
An audit of EMS matching grant funds awarded is now required by
Section 216.349, Florida Statutes, as amended by Chapter 92-142, Laws
of Florida. Accordingly, the conditions of the EMS matching grant
for which you have applied must be modified to meet this requirement
before this office can award funds.
The attached addendum to the conditions of the 1992 EMS matching
grant for which you have applied is therefore submitted for your
concurrence.
My approval is affirmed by my signature on this letter. Please sign
on the line provided at the bottom of the two enclosed identical
letters as to your concurrence with these additional requirements.
Retain one for your files and return the other:
Alan Van Lewen, EMS Matching Grants Manager
Department of Health and Rehabilitative Services
Office of Emergency Medical Services
1317 Winewood Boulevard
Tallahassee, Florida 32399-0700
Telephone: (904) 487-1911 or Suncom 277-1911
Sincerely,
Michael S. Williams
Director
Emergency Medical Services
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board unanimously approved
and authorized the Chairman to execute the letter of
concurrence, as recommended by staff.
LETTER OF APPROVAL
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
17
UEC ®1 M2 BOOK88
,r
DEC o 11992
HOOK 88 NIGE187 '7
PUBLIC DISCUSSION
REQUEST FROM COUNTRYSIDE TO DISCUSS SEWER
Chairman Eggert asked if the representative from Countryside
was present. There was no response, and she postponed the item.
Later in the meeting, Administrator Chandler reported that in the
interim he telephoned Mr. Peters and learned that Mr. Peters 1—.s
confused about the schedule and did not realize he was to be
present at this time. Mr. Peters requested that this item be reset
for December 15, 1992. The members of the Board agreed to do so.
PUBLISHING THE AGENDA IN THE SEBASTIAN SUN NEWSPAPER
Administrator Chandler recounted the Board's direction at last
week's meeting to advertise the agenda in the Press Journal and
Sebastian Sun. He reported that Sebastian Sun had a deadline of
5:00 p.m. on Wednesday. The Administrator's office sets a deadline
for County staff to submit their agenda items by noon on Wednesday,
and with that scheduling, it is impossible to meet the requirements
of the Sebastian Sun. Mr. Chandler suggested the alternative of
advertising in the Press Journal and in their north county
publication called the Sebastian Free Press. That publication is
distributed free in north county and has a circulation of about
4400.
Discussion ensued regarding the method of distribution and the
circulation numbers for the Sebastian Free Press, and the Board
agreed that advertising in the Press Journal will be sufficient.
Commissioner Adams recommended submitting an incomplete agenda
to the Sebastian Sun on Wednesday afternoon and indicate that it is
an incomplete agenda. She felt that even though it would be
incomplete, it would give us more readership than the Free Press.
Administrator Chandler confirmed that could be done, and he
added that public hearings are scheduled far enough in advance that
they could be advertised in the Sebastian Sun.
Commissioner Bird asked what the cost would be to advertise in
the Sebastian Sun, and Mr. Chandler responded that the estimate was
$6,200 per year but would be less with an incomplete agenda.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously authorized
staff to advertise the complete agenda for the BCC
meetings in the Press Journal, and to advertise the
scheduled public hearings in the Sebastian Sun as
well as the portion of the agenda that is available
to meet the Sebastian Sun's Wednesday 5:00 p.m.
deadline.
18
M ® M
SCHEDULE DATE TO HEAR APPEAL OF EMPLOYEE TERMINATION
County Administrator Jim Chandler advised the Board that an
employee was terminated and appealed to the Administrator, who
upheld the termination. Now that employee is appealing to the
Board and we need to schedule a special meeting to hear that
appeal.
The Board agreed to hear the appeal on Wednesday, December 16,
1992 at 9:00 a.m.
TRAFFIC SIGNAL DESIGN - U.S.1 AT HIGHLAND DRIVE S.W., AND
SR60 AT 82ND AVENUE - AMENDMENT TO ORIGINAL CONTRACT AND RELEASE OF
RETAINAGE
County Administrator Jim Chandler made the following
presentation:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo
FROM: Jeanne Brese
Traffic Coord'
SUBJECT: Traffic Signal Design-US#1/Highland Drive S.W. and
SR60/82nd Avenue
Amendment to Original Contract and Release of Retainage
DATE: 11/23/92
DESCRIPTION AND CONDITIONS
Attached is an amendment to the Traffic Signal Design Contract for
US#1/Highland Drive S.W. and SR60/82nd Avenue. This contract had
an original contract price of $7,900.00. This amendment is in the
amount of $566.00, bringing the new contract price to $8,466.00.
No additional days were added.
The increase to the contract is for plan revisions which included
additional pole calculations and coordination with the Florida
Department of Transportation (FDOT) due to FDOT signal pole
problems.
The professional services for Traffic Signal Design of
US#1/Highland Drive S.W. and SR60/82nd Avenue are now complete.
Rimley-Horn & Associates is requesting the retainage in the amount
of $790.01.
RECOMMENDATION AND FUNDING
Staff recommends authorization of the amendment and the 10%
Retainage be released. The total amount due less previous payments
is $1,356.01. Funding is from account #101-000-206-015.00.
19
DEC m1 1992
800K
F''Au �.�
NOOK 88 F -AMU S- 9 7
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Tippin, the Board unanimously
authorized Amendment No. 1 to the agreement with
Kimley-Horn & Associates, Inc., and released the 10%
retainage in the amount of $1,356.01, as recommended
by -t?.ff.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
VISTA ROYALE FORCE MAIN PROJECT - LIFT STATION PUMP PURCHASE
Utility Services Director Terry Pinto made the following
presentation:
DATE: NOVEMBER 23, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI SERVICES
PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITAL PROJECTS NEER
BY: DEPARTMENT OF Y SERVICES
SUBJECT: VISTA ROYALE FORCE MAIN PROJECT
INDIAN RIVER COUNTY PROJECT NO. US -92 -16 -CS
LIFT STATION PUMP PURCHASE
On January 28, 1992, the Board of County Commissioners approved the
Vista Royale force main project. This project is now with the DER
for permitting with bidding to take place in January of 1993. As
part of this project, we are retro -fitting the existing Vista
Royale main pump station No. 1. The retro -fit among other things
will include the replacement of the existing pumps, guide rail
system and associated piping. The Utilities Department is
proposing to purchase the pumps and associated hardware for this
lift station retro -fit.
ANALYSIS
In keeping with the Department's practice to investigate
alternate/new equipment to be utilized in our utility system, we
are proposing to direct purchase the pumps and associated hardware
for this lift station. We will (if approved) be allowing the use
of a Fairbanks Morse pump in this lift station (see attached
proposal from Sanders, Aspinwall and Associates, Inc.). As can be
seen from this proposal, the pumps and associated hardware are to
be provided free of cost for a period of one year. After the one-
year period, if the Utilities Department is not satisfied, the
pumps will be returned at no cost to the Utilities Department. If
we are satisfied with the product or wish additional time for
product evaluation, the entire bill of $12,240.00 will be due in
full.
20
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached contract with
Sanders, Aspinwall and Associates, Inc., in the amount of
$12,240.00.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously approved
the contract with Sanders, Aspinwall & Associates,
Inc., for pumps and associated hardware in the
amount of $12,240.00, under the conditions set out
in staff's memorandum.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
CONTRACT FOR SPECIAL APPOINTED PUBLIC DEFENDER FOR NON -CAPITAL
FELONY, MISDEMEANOR AND JUVENILE CASES IN WHICH THE COUNTY IS
REQUIRED TO PROVIDE FOR COURT-APPOINTED COUNSEL
Assistant County Attorney Sharon Brennan made the following
presentation:
TO: Board of County Commissioners
FROM: Sharon P. Brennan - Assistant County Attorney
DATE: November 23, 1992
SUBJECT: CONTRACT FOR SPECIAL APPOINTED PUBLIC
DEFENDER FOR NON -CAPITAL FELONY, MISDEMEANOR
AND JUVENILE CASES IN WHICH THE COUNTY IS
REQUIRED TO PROVIDE FOR COURT-APPOINTED
COUNSEL
BACKGROUND:
Whenever the Public Defender cannot represent indigent adults or
juveniles due to conflicts, the trial judge appoints private counsel as
special public defenders, with compensation to be paid by the County
pursuant to Administrative Order 78-2 at the rate of $40/hour for
out-of-court and $50/hour in -court services.
The Board of County Commissioners in St. Lucie and Martin Counties
have each contracted with one attorney or law firm to handle the
court-appointed work on a flat -fee -per -case basis. This arrangement
has worked well and has proven to be cost-effective to the counties.
The contract cases do not include capital felonies.
On February 25, 1992, the Board, at the request of Commissioner Gary
Wheeler, authorized the formation of a committee (comprised of a circuit
judge, the Public Defender, the County Administrator and the County
Attorney) to review a proposed contract prepared by the County
Attorney's Office and make a recommendation as to whether it was
advisable for the County to seek bids.
On May 5, 1992, the Board authorized the County Attorney's Office to
seek proposals from area attorneys interested in entering into a
contract with the County to provide legal services for a flat -fee -per -
case.
21
DEC - 11992I%
ROOK 88 F, F
BOOK 88 19J -7
Two bids were received on the July 1, 1992 deadline. Since that time,
the committee has met twice, first to review the bids, and a second time
to review budget figures in order to make a recommendation to the
board for awarding the contract.
The budget figures showed that the County's average cost in attorney's
fees for the cases in fiscal year 1991-1992 was as follows:
Non -Capital Felony (127 cases) $705.07
Juvenile (37 cases) $542.87
Misdemeanor (36 cases) $323.90
However the actual cost to the county is higher, due to the amount of
time spent by the County Attorney's office and Budget and Finance
Departments in reviewing and processing the cases.
The bids received were from attorney James Long, and from attorney
Michael Kessler. The invitation to bid was for the categories of 1)
Non -capital felony; 2) Juvenile and Misdemeanor cases; or 3) both
categories combined. The flat fee per case proposed by the bids was
as follows:
Non -Capital Felony
Juvenile
Misdemeanor
All three categories
RECOMMENDATION:
J. Long M. Kessler
$600/case $650/case
$300/case $500/case
$300/case $500/case
$600/case
The Committee determined that both bidders were qualified to perform
the contract but voted unanimously to recommend that the Board award
the contract to James Long, based on cost savings to the County.
Therefore, based on the recommendation of the committee, the Board is
hereby respectfully requested to award the contract to James T. Long,
P.A., and to authorize the Chairman to execute the contract.
Ms. Brennan further commented that the saving to the County
last fiscal year, based on fees represented in the proposed
contract, would have been a minimum of $23,000.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously awarded
the contract to James T. Long, P.A., as special
appointed Public Defender for non -capital felony,
misdemeanor and juvenile cases in which the County
is required to provide court-appointed counsel, as
recommended by staff.
SAID AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
W,
s � r
CONTRACTS - FIRE AND BURGLAR ALARM SYSTEMS
Deputy County Attorney William G.
following presentation:
TO: The Board of County Commissioners
Collins II made the
FROM: WC -11 William G. Collins II - Deputy County Attorney
DATE: November 20, 1992
SUBJECT: Contracts - Fire and Burglar Alarm Systems
In the summer of 1990 Indian River County entered into a number of
agreements for security systems with Alarm Systems of Vero Beach, Inc.
This company was subsequently purchased by U.S. Protective Services
Corporation of Cleveland, Ohio and the various agreements rolled into one
Master Agreement dated September 18, 1990. That agreement had a term of
2 years, expiring September 30, 1992. The County did not exercise its
option to renew for additional 1 -year periods at the end of the contract
term. Rather, the County re -bid the contract for security systems and
awarded a new contract to National Guardian. In late October the County
received a letter from U.S. Protective Services objecting to any interruption
or disengagement of their systems and asserting that 16 separate contracts
were in place (3 with the Tax Collector) . The matter was referred to the
Attorney's Office for review of the status of those contracts.
From reviewing the contracts, past memos to the Board and discussing the
matter with County staff, it appears that U.S. Protective Services is
asserting that the agreements which were superseded by the Master
Agreement are still valid and in place, and that later agreements (which
were understood by the County to be work authorizations for new facilities
being brought on line under the Master Agreement) were not addendums to
the Master Agreement, but entirely new agreements not consistent with the
Master Agreement and with extended terms.
I have prepared a summary chart which lists the various contracts. I have
also prepared a detailed letter to the 'President of U.S. Protective Services
which sets out our understanding of those contracts.
Since U.S. Protective Services has asked for a response from the Board with
respect to our position on these agreements, the staff at this time requests
that the Board of County Commissioners authorize us to formally notify U.S.
Protective Services that their contracts have been terminated and to take all
steps necessary to convert the systems over under the contract awarded to
National Guardian.
23
DEC -11992
BOOK 0 r F
SUMMARY CHART - CONTRACTS
Location USPS Record No. County Records
BURGLAR
1) Purchasing Warehouse 025-009069
2) Sandridge Golf Course 025-009115
3) North County Offices 025-009488
(Courthouse Annex)
4) Administration Building 025-009126
(East)
5) Administration Building 025-009125
(West)
6) North County Library 025-009472
7) Main Library 025-009473
8) Sandridge Maintenance 025-012137
Shop/Cart Barn
9) HRS -Health Building 025-012030
FIRE
10) Administration Building 025-009354
11) Courthouse 025-009356
12) Main Library 025-012237
13) HRS -Fire 025-012097
TAX OFFICES
14) Ryanwood
15) Sebastian
16) Vero Beach
025-009136
025-009143
025-009033
24
Expiration
superseded by
09/30/92
9/18/90 Master
09/02/93
Agreement
02/19/93
A101449
„
1954A
01/18/93
superseded by
(09/30/92)
9/18/90 Master
Agreement
09/30/92
NULL &
VOID
Q9/30/92
n n
1953A 01/17/93
(added to (09/30/92)
Master Agreement
1/17/91)
A101433 NULL &
VOID
1954A 09/03/93
(added to (09/30/92)
Master Agreement
9/3/91)
U101311 NULL &
VOID
(added to (09/30/92)
Master Agreement.
4/19/91)
A101431 NULL &
VOID
1967A 03/01/93
(added to (09/30/92)
Master Agreement
3/1/92)
superseded by
09/30/92
9/18/90 Master
09/02/93
Agreement
02/19/93
n
„
1954A
01/18/93
(added to
(09/30/92)
Master Agreement
9/3/91)
U101297
NULL &
VOID
(added to
(09/30/92)
Master Agreement
April 18, 1991)
1598A
11/12/93
1599A
09/02/93
1612A
02/19/93
Commissioner Bird asked whether U. S. Protective Services
(USPS) was one of the bidders in the most recent rebidding.
Attorney Collins responded that bids were requested from
companies that had a qualified contractor, and the County was not
renewing the existing contract with USPS because they did not have
a qualified contractor to qualify the business. Attorney Collins
explained that there had been some situations, such as broken door
contacts at Sandridge, and USPS did not come out to repair them for
a month. There were serious questions as to whether there was
anyone in the local office of USPS who was technically qualified to
do any of the repair work on the security systems.
Chairman Eggert recognized the representative from U. S.
Protective Services who wished to address the Board.
Attorney Bean O'Haire, from the law firm Smith, O'Haire, Quinn
and Smith, came before the Board to represent Ted Cohen, President
of U. S. Protective Services Corporation. Attorney O'Haire
produced copies of occupational licenses from the Department of
Professional Regulations for the years 1991 and 1992 as well as
County Occupational licenses for those years.
Chairman Eggert asked what was the significance of those
documents.
Attorney O'Haire responded that County Attorney Collins
contended that USPS was not licensed and qualified, and these
documents show that they were licensed and qualified to do busines
both in the County and the State. Attorney O'Haire requested a
postponement of this discussion to allow his client an opportunity
to resolve the issues, because there were over a dozen contracts
involved as well as correspondence from Mr. Cohen to General
Services Director Sonny Dean, and Mr. Cohen has not had an
opportunity to fully review all these documents. Attorney O'Haire
stated that Mr. Cohen's position is that Mr. Lang signed the Master
Contract but Mr. Lang was not an officer or director of U. S.
Protective Services, nor was he authorized to enter into that
contract, so there is a question about the validity of that
contract. Attorney O'Haire stated that there are a number of
points which are ambiguous, and he requested time for Mr. Cohen to
present his position.
Discussion ensued regarding the timing of the contracts and
the correspondence.
Chairman Eggert asked whether staff felt Mr. Cohen has had
enough time, in view of the fact that this has been going on since
1990.
County Attorney Charles Vitunac advised that there are many
legal issues involved and it will take a great amount of time to
25
DEC ®1 1992 BooK 88 iviF B4
DEC o 1992
BOOK 88 �`-, 195
solve them. In the meantime our buildings must be protected.
Director Dean advised that staff has followed the proper
procedure, and he assured the Board that all buildings are
protected at the present time through National Guardian.
Attorney O'Haire interjected that there is another issue to be
resolved regarding use of the equipment that was installed by U. S.
Protective Services or its predecessor.
Discussion ensued regarding possible consequences if we
discontinue our relationship with U. S. Protective Services.
Attorney Collins advised that he researched the County's
potential exposure. He estimated that it would be between $1,300
and $3,700 if we ran the contracts out to the expiration date of
the Master Contract. He clarified that the contracts are for
approximately $65 per month per building and will expire in
January, February and March of 1993. He further commented that
some of the contracts that USPS is relying on were signed by Mr.
Lang, so there is a question about how he could be authorized at
one point and not at the other.
Attorney O' Haire argued that Mr. Lang was the owner at one
point and could bind the corporation for certain of the contracts,
and the timing of those contracts is another potential legal issue.
Attorney Collins was concerned that since we have awarded
National Guardian the contract for the security of County
buildings, we must allow them to perform or they may, claim some
lost profit damage. He advised that the County is in a better
legal position by terminating our relationship with U. S.
Protective Services, and he requested that the Board direct staff
to formally notify USPS that we consider the master agreement to
have superseded the contracts they are relying on.
Commissioner Macht asked, and Director Dean confirmed that we
have documentation of notice to USPS of their lack of performance.
Commissioner Macht felt that the lack of response to the
County's complaints was sufficient to cancel the contract with U.S.
Protective Services.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously authorized
Deputy County Attorney Collins to forward the letter
as drafted, officially notifying U. S. Protective
Services of cancellation of the master agreement,
and to continue the contract with National Guardian.
26
- M
DISCUSSION OF BEACH WORKSHOP SCHEDULED FOR JANUARY 7, 1992
Chairman Eggert led discussion regarding the upcoming beach
renourishment workshop and suggested that it would be helpful to
invite the City of Vero Beach to participate. She felt that we
should have as much communication as possible and gather as much
information as possible. She was not suggesting a joint workshop
but rather an invitation to participate. The Board members agreed.
COMMITTEE MEETINGS
Chairman Eggert led discussion regarding committee meetings.
There is no requirement for regularly scheduled meetings and she
urged the Commissioners to schedule meetings only as needed because
each committee has a staff representative and staff is overburdened
when it comes to our committees.
RESIGNATION OF DAN DOWNEY FROM PLANNING & ZONING COMMISSION
Commissioner Bird regretfully announced the resignation of Dan
Downey from the Planning & Zoning Commission (P&Z). He recognized
that in January we will be reorganizing and reappointing committee
members and wanted to get the word out that a vacancy exists on the
P&Z. He would welcome resumes from applicants to fill that
vacancy.
Chairman Eggert reminded the other Board members that if they
intend to replace committee members, they should request
applications. Commissioners Tippin, Macht and Adams indicated they
were satisfied with the competency and qualifications of their
committee membership.
NATIONAL CONFERENCE ON BEACH PRESERVATION TECHNOLOGY CONFERENCE
Commissioner Bird announced a conference of the National
Conference on Beach Preservation Technology to be held February 10
through 12, 1993 in St. Petersburg, Florida.
Commissioner Adams indicated she would attend.
BOARD -EMPLOYEE RELATIONS
The Board reviewed memo from Commissioner Ken Macht dated
November 18, 1992:
27
DEC ® 1 199 BOOK �� F',E I'M
DEC -1 1992
TO: Board of County Commissioners
FROM: Commissioner Kenneth R. Macht A
DATE: November 18, 1992
RE: BOARD -EMPLOYEE RELATIONS
,*, -7
BOOK 8 �A,r_ iqI
It has been my experience that strict separation between elected officials
and employees ( other than employees appointed directly by and
responsible to the elected officials) provides for the most workable
situation in local government . For example, the charter of the City of
Vero Beach contains the following language:
Section 2.06. Council -Employee Relationship.
Neither the city council nor any of its members shall in
any manner dictate the appointment or removal of any city
employee except the charter officers nor shall the council or
any of its members give orders to any employee other than
council orders to a charter officer. The council or its
members shall deal on all matters through the appropriate
charter officer.
The Indian River County Code has similar provisions but with one major
difference which opens up the door to the type of relationship that is
inimical to good local government, i.e., board members requesting
reports, research, work product or action which takes an employee
away from his assigned tasks. That major difference reads as follows:
"Nothing in this section shall
communication with a county
inquiry or information."
preclude a board member from
employee for the purpose of
A request or inquiry from a county commissioner to a regular county
employee will often be perceived by that employee as a direct order of
number one priority. This is, in itself, contrary to orderly
government, especially if the request requires research or follow-up
action. It is recognized that contact by board members with county
employees may occur; however, it should be limited and it should not
take the employee away from assigned tasks.
The board, as a body, should have direct contact only with the County
Administrator, the County Attorney or the the Executive Aide to the
Board of County Commissioner.
In view of the foregoing, I am proposing that section 101.08 be
amended to read as follows:
28
Section 101. 08. Board -Employee Relations.
Neither the board of county commissioners nor any of its
members shall in any manner dictate the appointment or
removal of any county employee except the county officers, as
defined in Section 101. 03, nor shall the board or any of its
members give orders or directions to any employee other than
board orders to a county officer. The board shall deal on all
mRtters or inquiries through the appropriate county officer.
Individual board members shall coordinate all inquiries or
-requests for information that require research, reports, work
product or are time consuming through the appropriate county
officer. Nothing in this section shall preclude short
conversational inquires or discussions by board members with
employees provided said discussions or inquires do not
require follow-up research, reports, work product or action
by employees .
I recommend that staff be instructed to prepare an ordinance, using the
above language, for a public hearing as soon as practicable.
Commissioner Macht further explained that his objective is to
state simply what we expect of ourselves and our employees for the
benefit of the public and of the employees, and to define clearly
what is appropriate conduct.
Chairman Eggert pointed out specific phrases in the proposed
Section 101.08, which seemed to be written statements of what is
policy right now.
Commissioner Macht agreed, but he felt it is necessary to have
our policy stated appropriately and professionally. He further
noted that staff morale and efficiency are improved when they know
who is responsible.
Chairman Eggert reported that staff indicated some concern
regarding this subject.
Commissioner Bird wondered whether there is advantage or
disadvantage to changing from policy to code if there is no
difference in the result.
County Administrator Jim Chandler reported that he studied the
language of the proposed ordinance and discussed it with Mr. Macht
and felt it did not change anything. Mr. Chandler stated that
because the County government works with committees, there is more
interaction between the policy makers and staff, and it is not
always clear-cut because we do have staff responding and providing
reports and things of that nature.
Chairman Eggert and Commissioner Adams thought that point
needed further clarification in any written policy.
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DEC -1 1992 R00K 88 1-9
DEC ®1 1992
BOOK 8 UGE V
Commissioner Bird led discussion regarding particular
situations that have come up. He gave the example of a citizen
calling him about a particular pothole. He would call Public Works
Director Jim Davis and report the pothole, but he did not expect
any more than normal followup on that particular pothole.
Adm .ni-,trator Chandler saw it as basic common sense in ,-n— th--
separation between elected officials and employees is applied. He
saw no problem with Commissioner Bird reporting directly to the
Public Works Department regarding a pothole. On the other hand,
the report should be directed to the Administrator's office when it
concerns any continuing projects and he becomes involved with it.
The proposed language would present no problem with what -we are
doing or how we are doing it as long as we keep in mind the fact
that the County government works with committees.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Tippin, to instruct staff to draft a
proposed amendment to Section 101.08 for
consideration at a public hearing as soon as
practicable.
COUNTY CODE OF ETHICS
The Board reviewed memo from Commissioner Ken Macht dated
November 18, 1992:
TO: Board of County Commissioners
FROM: Commissioner Kenneth Macht
)(/*
DATE: November 18, 1992
RE: COUNTY CODE OF ETHICS
Chapter 112, Part III, Florida Statutes contains a Code of Ethics for
Public Officers and employees. This part provides a good minimum
standard for public officers and employees; however, it is my belief
that every citizen is entitled to have complete confidence in the
integrity of his government. Each individual commissioner, officer,
employee or advisor of government must help to earn and must honor
that trust by his own integrity and conduct in all official actions. I
feel that additional ethical requirements should be enacted that raise the
standards beyond that required by Chapter 112, Florida Statutes. To
that end, I have prepared additional standards modeled after Federal
standards. My proposal is attached. If you agree, I recommend that
the County Attorney be instructed to prepare an ordinance and a public
hearing date be selected.
0119]
Commissioner Macht explained that this recommendation is to
establish standards for County government officials and employees.
He stressed that it is important for the public to know that
officials will conduct themselves ethically. It also provides a
means to avoid situations that can be interpreted negatively by the
public, and in that way we can avoid unjust criticism.
Commissioner Bird did not believe that anyone would conclude
that an elected official or staff member would be influenced by a
free lunch or dinner. He agreed that to have something in writing
would not be a detriment in any way and that parts of the proposed
ordinance are good, but it goes too far if it conveys that staff
cannot have their lunch paid for by a consulting firm when that
staff member is part of a group involved in a seminar or
convention.
Commissioner Macht stated that in drafting the proposed code
of ethics, Assistant County Attorney Terry O'Brien recognized that
there are exceptions.
County Administrator Jim Chandler advised that we have a
Manual of Standard Operating Procedures which outlines very clearly
our basic policy and procedures, and that the manual is in the
process of being updated.
Discussion ensued regarding specific situations which might be
in conflict with certain statements in the proposed ordinance but
which have been acceptable in the past.
Commissioner Macht was in favor of scheduling a workshop or
whatever the Board felt was appropriate to address this item.
Commissioner Bird requested a comparison between this proposed
code and our existing rules and regulations to see how they differ.
Chairman Eggert suggested that Administrator Chandler and
County Attorney Vitunac set up a joint committee for the purpose of
producing a code of ethics that is clear, not too broad, practical,
and workable in light of our past experiences. The committee
should include a cross section of employees who are not department
heads. She also felt that the document should take into
consideration the ramifications of receiving a free lunch and
include recommendations as to when things could be paid for and
when. not .
Commissioner Tippin preferred anonymous suggestions from
employees rather than from the Board members because employees may
have thought of things that Commissioners do not realize.
Administrator Chandler recounted that he and Personnel
Director Jack Price have been working on updating our present rules
and regulations and it is a time-consuming task, even though about
80 percent of it could be adopted as is.
31
DEC ® i ig(v BOOK FAE 21��
L_
DEC ® 11992
BOOK 88 F�1 .
Commissioner Macht wanted assurance that this is not a move to
delay this project to a point where it expires naturally, because
that would be a great mistake.
Chairman Eggert assured him the Board is sincere in wanting to
address this issue in the appropriate manner. Chairman Eggert
pointed out that this is no small task and suggested allowing 3
months for staff to work on this project, with March 1, 1993 as a
target date for readdressing this proposal.
Further discussion ensued regarding other areas to be
addressed in the code of ethics, and Administrator Chandler stated
that he understood the Board's directions.
SOLID WASTE DISPOSAL DISTRICT
Chairman Eggert announced that immediately upon adjournment
the Board would reconvene sitting as the Board of Commissioners of
the Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:29 A. M.
ATTEST:
!��< C��
J. . Barton, Clerk
32
Z44,4-1� /
Caroly . Egge Chairman