HomeMy WebLinkAbout10/12/1993=MINUTES Ti'TACIIED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBER 12, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5)
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams ( Dist. 1)
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht ( Dist. 3 )
9:00 A. M. 1. CALL TO ORDER
7-7
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin
4. ADDITIONS TO THE _AGENDA/ EMERGENCY ITEMS
Item 13.C. Out -of -County Travel for Commissioner Adams
Item 11.B.4. Emergency Purchase of Replacement Batteries
for E911 Service
Item 11.E. Final taxable Value Certification
Item 13.B. Treasure Coast Council of Governments Meeting
5. PROCLAMATIOR AND PRESENTATIONS
Adoption and Presentation of Proclamation Designating
Oct. 17-24, 1993 As Red Ribbon Awareness Week in
Indian River County, Florida
6. APPROVAL OF MINUTES
Special Meeting of September 7, 1993
7. CONSENT AGENDA
A. Received & Place on File in Office of Clerk
to the Board:
.. District School Board Superintendent's
Annual Financial Report to the Commissioner
of Education, Fla. Dept. of Education for
Fiscal Year Ended June 30, 1993
.. St. Johns River Water Management District
1993-94 Final Budget
.. Minutes of a Quarterly Meeting of the Bd.
of Supervisors of Sebastian River Water
Control District on Sept. 8, 1993
.. Report of Convictions for the Month of
September 1993
B. Release of Utility Liens
( memorandum dated October 6, 1993 )
OCT 121993 BOOK 90 Fr ",E 714
Fir— OCT
2 1993 BOOK 90 P�:E 715'1
7.
8.
9:05 a. m. 9.
CONSENT AGENDA (cont'd.):
C. A Resolution Creating an Economic Development
Council 6 Repealing Resolution No. 85-86
D. Request for Extension of Riverboat Club S/D
Land Development Permit
( memorandum dated October 1, 1993 )
E.
F.
G.
10
Award Bid #4002 /
Uniform Rental
Service
( memorandum dated
September 28,
1993 )
Award Bid #4013 /
Golf Ball Retrieval Services
( memorandum dated
September 27,
1993 )
Award Bid #3119 /
Tri-Plex Reel Tractor
( memorandum dated
September 28,
1993 )
Award Bid #4009 /
Steel Corrugated Pipe
( memorandum dated
September 28,
1993 )
Award Bid #3130 /
Utility Vehicle
( memorandum dated
September 28,
1993 )
J. Award Bid #3121 / Water Expansion Plan Phase
III - Contract #2
( memorandum dated September 28, 1993 )
K. Purchase Authorization; Oslo Road/Old Dixie
R -O -W Acquisition, John 6 Emily Myers, Parcel 105
( memorandum dated October 4, 1993 )
L. General Development Utilities Acquisition - B.A. #001
( memorandum dated October 6, 1993 )
CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request by Fred Mensing to Speak to Commission
Regarding Alleged Violations of His Rights
( letter dated October 5, 1993 )
B. PUBLIC HEARINGS
liiiir
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Request to Authorize Staff to Draw Upon Letters
of Credit for Copelands Landing, Ph. II 6 III
( memorandum dated October 5, 1993 )
s
11. DEPARTMENTAL MATTERS (cont'd. ):
B. EMERGENCY SERVICES
1. Staff Response to Judy Wagner's Comments to
the Board of County Commissioners on Sept.
7, 1993, Regarding the Current Animal Con-
trol Ordinance
( memorandum dated September 28, 1993 )
2. Approval of Amendment to Tower Space Lease
Between Indian River County and Paging
Network of Florida, Inc.
( memorandum dated September 30, 1993 )
3. Approval of General Assignment Agreement
to Tower Space Lease Between I.R.C. and
Communications Intl., Inc. - Assignment
to Mobile Communications of Florida, Inc.
( memorandum dated September 17, 1993 )
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
None
G. PUBLIC WORKS
Florida Recreational Development Assistance
Program Grant Resolution - Donald MacDonald Pk.
( memorandum dated September 7, 1993 )
H. UTILITIES
1. Jungle Trail Water Line Extension, North
Beach R .O. Plant
( memorandum dated September 29, 1993 )
2. MACHO Developer's Agreement / Commercial
Node Development
( memorandum dated September 24, 1993 )
3. Water Main Replacement Project No. 3 /
Casa Rio S/D, 10th PI., 7th Ave., 6 12th St.
Change Order No. 1 8 Final Pay Request
( memorandum dated September 30, 1993 )
4. Water Main Replacement / 16th PI., 17th
Ave., 8 10th St. / Change Order #1 and
Final Pay Request
( memorandum dated September 30, 1993 )
12. COUNTY ATTORNEY
None
r OCT 12 1993
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
Formation of an Agriculture Advisory Committee
( memorandum dated October 6, 1993 )
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval
of Minutes
- Meeting
of
9/7/93
2. Approval
of Minutes
- Meeting
of
9/14/93
3. Surveying Services
( memorandum dated September 27, 1993 )
15. ADJOURNMENT
BOOK 90 i�u�r-- -il
1
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 12, 1993
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 12,
1993, at 9:00 a.m. Present were Richard N. Bird, Chairman; John W.
Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
The Chairman called the meeting to order.
Commissioner John W. Tippin led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
Commissioner Adams requested the addition of Item 13.C., out -
of -county travel to Tallahassee.
Administrator Chandler requested the addition of Item 11.B.4.,
Emergency Purchase of Replacement Batteries for E911 Service, and
Item 11.E., the Final Taxable Value Report from Office of
Management & Budget
Commissioner Tippin requested the addition of Item 13.B.,
Treasure Coast Council of Governments Meeting on November 3, 1993.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the.Board unanimously added the
above items to the Agenda.
PROCLAMATIONS AND PRESENTATIONS
Chairman Bird read aloud
designating October 17-24, 1993,
Indian River County, Florida:
the following Proclamation
as Red Ribbon Awareness. Week in
booK 90 r,, 718
OCT 1- �
sou 90 Fi u 719. -7
PROCLAMATION
DESIGNATING OCTOBER 17-24, 1993
AS RED RIBBON AWARENESS WEEK IN
INDIAN RIVER COUNTY; FLORIDA
WHEREAS, it is the responsibility of Florida state and local
health officials to take action to prevent disease, promote
health and protect our residents; and
WHEREAS, Acquired Immunodeficiency Syndrome (AIDS) continues
to pose a major threat to our health and economic well-being; and
WHEREAS, over 31,000 Floridians have already -been diagnosed
with AIDS, over 65% have already died and 240,000 more are likely
to be infected with the virus; and
WHEREAS, an additional 8,000 Floridians are estimated by the
Florida Department of Health and Rehabilitative Services to be
diagnosed with AIDS by the end of 1993; and
WHEREAS, Floridians of all ages, races, religions and sexual
orientations may be among these cases; and
WHEREAS, with sufficient AIDS education and adherence to
basic prevention guidelines, no Floridian must contact this
disease from this point on; and
WHEREAS, the organization that services Indian River County
is the Treasure Coast Community AIDS network (TCCAN) and they
provide quality service for people infected with HIV and are
dedicated to stopping the transmission of HIV disease. TCCAN
provides direct services, education and advocacy for men, women
and children l[ving with HIV disease; and
WHEREAS, TCCAN has been designated by the HRS District XV
HIV/AIDS Consortia as the provider of all case management efforts
for all four counties in our District. TCCAN delivers services
linking available community support services to appropriate
specialized medical services; and
WHEREAS, TCCAN is conducting a major fundraiser, entitled
"FISH FOR THE FIGHT II." This bass fishing tournament will be
held October 23 and 24, 1993 at Okee-tantie Park, Okeechobee,
Florida:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the .week of
October 17 - 24,. 1993 be -designated as
RED RIBBON AWARENESS WEEK
in Indian River County, and the Board further urges all citizens
to participate in observances and activities designed to increase
awareness of the prevention of AIDS and how it can be prevented.
Adopted this 12 day of October, 1993.
N
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
g
Richard N. Bird, Chairman.
� s �
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of September 7, 1993. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Special Meeting of September 7, 1993, as
written.
CONSENT AGENDA
Commissioner Adams requested the removal of Items E and H from
the Consent Agenda for discussion.
A. Reports
The following reports were received and placed on file in the
Office of Clerk to the Board:
District School Board Superintendent's Annual Financial Report
to the Commissioner of Education, Florida Department of
Education for Fiscal Year ended June 30, 1993
St. Johns River Water Management District 1993-94 Final Budget
Minutes of a Quarterly Meeting of the Board of Supervisors of
Sebastian River Water Control District on September 8, 1993
Report of Convictions for the Month of September 1993
B. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated October
6, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Beller, CLA, County Attorney's Office
DATE: October 6, 1993
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects are:
1. Satisfactions of Impact Fee Extensions:
BID'S BRUSADE JACOBUCCI
LANNAMANN
3
ra 90 f -,?,UF 7?0
OCT 12 19193
r OCT 12 199
BOOK 90 Ff'uE G 1
2. Phase I Water:
RODGERS TROCKE
FERRETTI DUNN
ANSIN
3. Phase II Water:
BOEDING
4. Glendale Lakes (2nd Project):
BRENN III CLARK
S. AlA/North Beach Water:
PALESTRINI
6. Courtside Water:
THOMAS CRAWFORD
BROWN SCHUBERT
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the lien releases as listed in staff's memorandum.
LIEN RELATED DOCUMENTS
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
C. Resolution Creatina Economic Development Council and Repealin
Resolution 85-86
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-175 creating an Economic Development
Council and repealing Resolution 85-86, as
recommended by staff.
RESOLUTION NO. 93-.175
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS,
CREATING PAN ECONOMIC DEVELOPMENT COUNCIL AND
REPEALING RESOLUTION NO. 85-86.
WHEREAS, Indian River County has established an Economic Development
Council by Resolution No. 85-86; and
WHEREAS, the County would now like to expand the Economic Development
Council to offer wider representation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
4
r
1. There is hereby created an Economic Development Council. The initial
appointees to 'this Council shall be as follows:
Board of County Commissioners
Carolyn K. Eggert
City of Vero Beach
Bill Jordan
City of Sebastian
Nora Damp
City of Fellsmere
Renee Herrera
School Board
Joe Idlette Jr.
Chamber of Commerce
Alice Gaskill
Council of 100
Charles Lavin
North County Chamber of Commerce
Peter Jones
Industry
Dudley Gordon
Tourist
John Bates
Citrus
Talmage Rogers
Developer
Peter Robinson
Real Estate
Eric "Rip" Wieler
Gifford Community
Civic Organization
At Large
Martin Wall
At Large
Linda Lindsey
At Large
Ned Gartner
Banking
Robert Carmichael
2. The Economic Development Council shall be responsible for providing
advice to the Board of County Commissioners on the direction of all of
Indian River County's economic development activities. The Council
shall meet on a regular basis with staff assistance provided by the
Community Development Department.
3. The Economic Development Council shall also provide information and
advice on implementing the adopted Overall Economic Development Plan of
the County.
4. The provisions of Chapter 102 relating to meetings and procedures of the
County Code shall apply.
5. Resolution No. 85-86 is repealed.
The resolution was moved for adoption by Commissioner r gg er t , and
the motion was seconded by Commissioner Tijlnin , and, upon being put to a
vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and.adopted
this 12 day of October , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By - l/
5 Richard N. Bird
Chairman
OCT 121993 Boa 90
OCT 12 199
BOOK 90 FACE 1,3
D. Request for Extension of Riverboat Club Subdivision Land
Development Permit
The Board reviewed memo from Civil Engineer David B. Cox dated
October 1, 1993:
H -111
THROUGH:
FROM:
SUBJECT:
James Chandler
County Administrator
James W. Davis, P.E.
Public Works Directs
and /
Roger D. Cain, P.FI_
County Engineer
David B. Cox, P.EW.—
Civil Engineer
Request for Extension of Riverboat Club Subdivision Land Development Permit
DATE: October 1, 1993 CONSENT AGENDA
Land Development Permit No. 105 for the Riverboat Club Subdivision was approved on March 18,
1992. The attached letter dated August 31, 1993 requesting an extension of the permit was received
by staff before the September 18, 1993 expiration date. An extension is needed to complete the
punch list items identified during the final inspection of the required improvements conducted by
staff on October 7,1992. The punch list items include street lights, swale ditch blocks, sodding in
the stormwater management tract and survey monumentation.
The Department of Utility Services and the Community Development Department staff have
reviewed the extension request. Construction of the site's water and wastewater systems is complete
and a separate extension of the Utility Construction Permit is not required. The project's Preliminary
Plat approval is valid and all land clearing and tree removal work has been completed. See the
attached memos dated September 27, 1993, and September 30, 1993.
Alternative No. 1 - Grant the 120 day extension requested by the developer's engineer to allow
completion of the items in the final inspection punch list.
Alternative No. 2 - Deny the extension. This action would require the developer to submit a new
land development permit application and review. fee. The application would then be reviewed for
conformance with the current land development regulations.
Staff recommends approval of Alternative No. 1.
6
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously granted
the 120 -day extension to allow the completion of
items in the final inspection punch list at
Riverboat Club Subdivision, as recommended by staff.
E. Award Bid #4002 - Uniform Rental Service
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated September 28, 1993:
DATE: September 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Sery es
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 14002/Uniform Rental Service
County Wide Annual Contracts
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
No Bids:
BID TABULATION
Rent Wear Inc.
Ft. Pierce, F1
Uni First Corporation
Titusville, F1
National Linen Services
West Palm Beach, Fl
Aratex
Orlando, F1
RECOMMENDATION
Staff recommends the following:
August 30, 1993
August 11, 15, 1993
Twelve (12) Vendors
Four (4) Vendors
Four (4)
UNIT PRICE
SEE ATTACHED TAB
SHEET
1. Award the bid to Rent Wear Inc as the overall low
bidder meeting specifications as set forth in the
Invitation to Bid.
2. Establish an Open End Contract for a twelve month
period from the date of award. Last year's expenditures
for this service totaled $67,258.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost increase,
vendor acceptance, and the determination that renewal is
in the best interest of the County.
7
�� i9 � BOOK 90 �,, r 7?4
PF
OCT 12 1993
BOOK 90 Fin,[ 725
Commissioner Adams asked if it would be cheaper for us to buy
uniforms and let our employees do their own cleaning. It seems to
be a large expense for the number of employees that are involved.
General Services Director Sonny Dean responded that staff has
researched every possible method, including buying and leasing
uniforms, and this has proved to be the best procedure to provide
uniforms that fit well for our personnel.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #4002 to Rent Wear, Inc., for uniform rental
service, and approved an open-end contract for a 12 -
month period, as set out in staff's memorandum.
F. Award Bid #4013 - Golf Ball Retrieval Services
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated September 27, 1993:
DATE: September 27, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
General Services '
FROM: Fran Boynton Powell, 1, Purchasing Manager
SUBJ: Award Bid 14013/Golf Ball Retrieval Services
Sandridge Golf Course
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
BID TAB
Wabasso Golf Inc.
Wabasso, F1
International Golf
Deerfield Beach, F1
TOTAL AMOUNT OF SALE
September 3, 1993
August 23, 30, 1993
Eight (8) Vendors
?Two (2) Vendors
Two (2) No Bids
f '`�_Walffil_-R&
$12,000
$11,065
$12,000
RECOMMENDATION
Staff recommends the award of this bid to Wabasso Golf
Inc. as the high bidder meeting specifications as set
forth in the Invitation to Bid.
In addition,` staff requests Board approval of the attached
agreement Vhen all requirements are met and approved as to
form by the County Attorney.
8
� � r
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #4013 and approved the contract with Wabasso
Golf, Inc., for golf ball retrieval services, as
recommended by staff.
CONTRACT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
G. Award Bid #3119 - Tri-Plex Reel Tractor
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated September 28, 1993:
DATE: September 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admipistrator
H.T. "Sonny" Dean, Director
General Services QWA
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid #3119/Tri-flex Reel Tractor
Sandridge Golf Course
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
BID TAB
RSI Holdings of Florida
Ft. Lauderdale, F1
Hector Turf
Deerfield Beach, Fl
TOTAL AMOUNT OF BID
August 11, 1993
July 28, August 41 1993
Sixteen (16) Vendors
Two (2) Vendors
Seven (7) "No Bid"
LUMP SUM PRICE
$17,954.00
$23,500.00
$17,954.00
SOURCE OF FUNDS Sandridge Golf Course - Other Equipment
ESTIMATED BUDGET
$19,000.00
Staff recommends that the bid be awarded to RBI Holdings
of Florida as the lowest most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
9
OCT 12 W3
BOOK T�6
L
'A
-
OCT 12 199 BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #3119 to RSI Holdings of Florida for a Tri-Plex
Reel Tractor in the amount of $17,954, as
recommended by staff.
90 Fa,GE727 7
H. Award Bid #4009 - Steel Corrugated Pipe
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated September 28, 1993:
DATE: September 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Fran Boynton Powell, Purchasing Manager
fvol
SUBJ: Award Bid 04009/Steel Corrugated Pipe
County Wide Annual Contracts
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
BID TABULATION
Southern Culvert
Ft. Pierce, F1
Contech Construction Products
Lantana, Fl
RECOMMENDATION
Staff recommends the following:
September 1, 1993
August 18, 25, 1993
Five (5)
Two (2)
UNIT PRICE
SEE ATTACHED TAB
SHEET
"
1. Award the bid to Southgrn Culvert as the overall
lowest most responsive and responsible bidder meeting
specifications as set forth in the Invitation to Bid.
2. Establish an Open End Contract with Southern Culvert.
Last year's expenditures totaled $43,300.00
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost increase,
vendor acceptance, and the determination that renewal is
in the best interest of the County.
Commissioner Adams noted that the bids were pretty close in
total and the difference seems to be in the price of the larger -
sized culverts. She wondered if we could split the bid and buy the
cheaper ones from each supplier.
10
General Services Director Sonny Dean responded that
traditionally we award the bid to one supplier for all sizes and
have not researched whether buying from more than one source would
make a difference, but staff will pursue that possibility.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #4009 and approved an open-end contract with
Southern Culvert for steel corrugated pipe, as set
out in staff's memorandum.
I. Award Bid #3130 - Utility Vehicle
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated September 28, 1993:
DATE: September 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, DirectQr._-**
General Services
FROM: Fran Boynton Powell, Purchasing Manag
SUBJ: Award Bid 13130/Utility Vehicle
Sandridge Golf Course
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
BID TAB
E -Z -GO
Division of Textron Inc
Ft. Lauderdale, Fl
RSI Holdings of Florida
Ft. Lauderdale, F1
TOTAL AMOUNT OF BID
September 10, 1993
August 27, Sept. 3, 1993
Nine (9) Vendors
Two (2) Vendors
Two (2) No Bid
LUMP SUM PRICE
$7,600.00
$9,932.00
$7,600.00
SOURCE OF FUNDS Sandridge Golf Course - Other Equipment
ESTIMATED BUDGET
$8,500.00
Staff recommends that the bid be awarded to B -Z -GO a
Division of Textron Inc as the lowest most responsive and
responsible bidder meeting specifications as set forth in
the Invitation to Bid.
11
C� 1� BOOK 90 PAGE 7?8
L
CT 12 199.3 BOOK. 90 : Fnu-17.09
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #3130 to E -Z -GO, Division of Textron, Inc., for
a Utility Vehicle in the amount of $7,600, as
recommended by staff.
J. Award Bid #3121 - Water Expansion Plan Phase III - Contract #2
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated September 28, 1993, and memo from Utility Services
Director Terry Pinto dated September 16, 1993:
DATE: September 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Directm#
General Services
FROM: Fran Boynton Powell, Purchasing Manager
/'f
SUBJ: Award Bid 13121/Water Expansion Plan Phase III
Contract 12 - Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: September 7,1993
Advertising Dates: August 4 11, 18, 1993
Specifications Mailed to: Twenty -Stix (26) Vendors
Replies: Three (3) Vendors
BID TAB LUMP SUM PRICE CORRECTED TOTAL
Timothy Rose Inc. $295,612.57 $294,537.57
Vero Beach, F1.
Driveways Inc. * $294,911.09
Titusville, F1.
Treasure Coast Cont. $318,257.60
Vero Beach, F1.
* denotes recommended award.
TOTAL AMOUNT OF BID $2941911.09
SOURCE OF FUNDS Utilities General Impact Fees
ESTIMATED BUDGET $ 411,525.20
RECOMMENDATION
Staff recommends that the bid be awarded to the second low
bidder Driveways. Inc. based on the information contained
in the departmental memorandum dated September 16, 1993.
(See Attached.)
In addition, staff requests Board approval of the attached
Agreement when all the requirements are met and approved
as to form by the County Attorney.
12
1
DATE: SEPTEMBER 168 1993
TO: f FRAN BOYNTON POWELL
PURCHASING MANAGER
FROM: TERRANCE G. PI
DIRECTOR OF UTI SERVICES
SUBJECT: WATER EXPANSION PLAN - PHASE III
CONTRACT 2
INDIAN RIVER COUNTY PROJECT NO. UW -91 -15 -DS
INDIAN RIVER COUNTY BID NO. 3121
We are in receipt of your September 7 memorandum, in which you
forwarded copies of bids received for the subject project.
Upon reviewing the bids, it was learned that mathematical errors
were contained in the Tim Rose Contracting, Inc., bid and when
corrected resulted in that firm's becoming the low bidder by $372.52
under the Driveways, Inc., bid (now the second low bidder).
Tim Rose Contracting, Inc., is currently under contract with the
Utilities Department for installation of a water distribution system
in Shady Oaks Subdivision (Indian River County Project No.
UW -92 -19 -DS), although this information was omitted from the bid
proposal. The Shady Oaks project was scheduled for completion by
July 19, 1993 and is still not 100$ complete. This unexcused delay
is a matter of concern in that it forbids the County from obtaining
revenue from customers desiring hookup, it is discouraging to the
homeowners who are anxiously awaiting County water, is detrimental
to our image, and does not enhance our public relations.
It is, therefore, recommended that the second low bidder, Driveways,
Inc., of Titusville, Florida, be awarded the subject contract in the
amount of $294,911.09 in lieu of Tim Rose Contracting, Inc., at a
bid price of $294,537.57.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #3121 to Driveways, Inc., for Contract #2 in the
Water Expansion Plan Phase III, as recommended by
staff.
CONTRACT NO. 2
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
K. Purchase Authorization: Oslo Road/Old Dixie Highway Right -of -
Way Acauisition - John and Emily Myers, Parcel 105
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated October 4, 1993:
13
OCT 12 1993
BOOK 90 Fact 730
�OCT 1219��
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
and
Terry B. Thompson, P.E.,
Capital Projects Manageer�
' FROM: Donald G. Finney, SRA �-�O"�'_-�r.
County Right -of -Way Agent
BOOK 90 FAGE 731
CONSENT AGENDA
SUBJECT: Purchase Authorization; Oslo Road/Old Dixie
Right -of -Way Acquisition, John and Emily
Myers, Parcel # 105
DATE: October 4, 1993 FILE: myers.agn
DESCRIPTION AND CONDITIONS
The County plans to widen and signalize the intersection of Oslo
Road and Old Dixie Highway. Additional right-of-way is needed on
the west side of Old Dixie north of Oslo Road.
The Myers have agreed to sell the needed right-of-way to the County
for $1.50 per square foot which is the amount Indian River County
paid for most of the previous parcels closed. No appreciable
improvements are located within the proposed right-of-way.
RECOMMENDATIONS AND FUNDING
Staff recommends the Board accept the $91.50 purchase price for the
61 square foot parcel. There are no attorney fees.
Funding is available in Traffic Impact Fee District 6 - Account No.
101-156-541-067.43.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the acquisition of right-of-way from John and Emily
Myers in the amount of $91.50 for Parcel 1105 at
Oslo Road and Old Dixie Highway, as recommended by
staff .
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
L. General Development Utilities Acquisition, Budget Amendment #001
The Board reviewed memo from OMB Director Joe Baird dated
October 6, 1993:
14
TO: Members of the Board
of County Commissioners
DATE: October 6, 1993
SUBJECT: GENERAL DEVELOPMENT UTI MIES ACQUISITION
BUDGET AMENDMENT 001
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The closing date for the purchase of the General Development Utilities, . Vero
Highlands/Vero Shores is scheduled for Wednesday, October 13, 1993. A budget
amendment is required to incorporate the proposed first year revenues and expenses.
Requested personnel include:
(1) Utility Service Worker
(1) Account Clerk III
(1) Wastewater Plant Operator B
(upgraded from an Operator C originally proposed)
(1) Lift Station Mechanic
(1) Meter Reader
(1) Upgrade of an existing vacant position from a
Wastewater Plant Operator C to Operator B
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment 001.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Budget Amendment 001:
15
CT 121993 BOOK 90 mu -c 732
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director 11
BOOK 90 Fa,c7133 -1
BUDGET AMENDMENT: 00_1
DATE: October 6. 1993
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUES
UTILITIES
Water Sales
471-000-343-031.00
$183,000
$0
Sewer Sales
471-000-343-051.00
$273,000
$0
EXPENSES
UTILITIES/SEWER
Regular Salaries
471-218-536-011.12
$39,561
$0
Soc. Security Matching
471-218-536-012.11
$2,453
$0
Retirement Contribution
471-218-536-012.12
$7,022
$0
Insurance -Life & Health
471-218-536-012.13
$9,657
$0
Worker's Compensation
471-218-536-012.14
$1,966
$0
Medicare
471-218-536-012.1.7
$574
$0
Depreciation
471-218-536-036.61
$61,567
$0
Engineering Services
471-218-536-033.13
$10,000
$0
Other Communication Services
471-218-536-033.19
$15,000
$0
Other Contractual Services
471-218-536-033.49
$10,000
$0
Telephone
471-218-536-034.11
$1,500
$0
Postage
471-218-536-034.21
$7,000
$0
Garbage & Solid Waste
471-218-536-034.33
$1,000
$0
Rent - Heavy Equipment
471-218-536-034.45
$1,000
$0
Rent - Other Equipment
471-218-536-034.49
$1,000
$0
Automotive - Insurance
471-218-536-034.51
$2,000
$0
Other Insurance
471-218-536-034.59
$2,000
$0
Maintenance - Buildings
471-218-536-034.61
$2,000
$0
Maintenance - Office Buildings
471-218-536-034.63
$1,000
$0
Maintenance - Automotive Equipment
471-218-536-034.64
$4,000
.$o
Maintenance - Heavy Equipment
471-218-536-034.65
$2,000
$0
Maintenance - Other Equipment
471-218-536-034.69
$1,000
$0
Outside Printing
471-218-536-034.72
$1,500
$0
License and Permits
471-218-536-034.97
$5,000
$0
All Office Supplies
471-218-536-035.11
$1,000
$0
Fuels and Lubricants
471-218-536-035.21
$3,000
$0
16
Entry
Number
Funds/Department/Account Number
Account Number
Increase
Decrease
Tires and Tubes
471-218-536-035.22
$500
Chemicals
471-218-536-035,23
$4,000
$0
Uniforms & Clothing
471-218-536-035.24
$500
$0
Institutional Supplies
471-218-536-035.25
$500
$0
Expendable Tools
471-218-536-035.26
$1,500
$0
Other Operating Supplies
471-218-536-035.29
$1,500
$0
Paving Maeerial - . ''
471-218-536-035.31
$2,000
$0
Landscaping Materials
471-218-536-035.34
$1,500
$0
Dues - Memberships
471-218-536-035.42
$200
$0
Oil and Lube
471-218-536-035.52
$1,000
$0
Lift Station Maintenance
471-218-536-044.32
$4,000
$0
Sewage Treatment Plant Electric
471-218-536-044.33
$26,000
$0
Lift Station Maintenance
471-218-536-044.67
$5,000
$0
Sewer Mains Maintenance
471-218-536-044.68
$15,000
$0
Sewage Plant Maintenance
471-218-536-044.69
$10,000
$0
Sewage Sludge Removal
471-218-536-044.73
$6,000
$0
UTILITIES/WATER
Regular Salaries .
471-219-536-011.12
$44,869
$0
Soc. Security Matching
471-219-536-012.11
$2,782
$0
Retirement Contribution
471-219-536-012.12
$7,964
$0
Insurance -Life & Health
471-219-536-012.13
$14,414
$0
Worker's Compensation
471-219-536-012.14
$2,230
$0
Medicare
471-219-536-012.17
$651
$0
Depreciation
471-219-536-036.61
$29,590
$0
Engineering Services
471-219-536-033.13
$5,000
$0
Other Professional Services
471-219-536-033.19
$10,000
$0
Rent - Other Equipment
471-219-536-034.49
$10,000
$0
Postage
471-219-536-034.21
$7,000
$0
Automotive Insurance
471-219-536-034.51
$500
$0
Other Insurance
471-219-536-03459
$1,000
$0
Maintenance -Automotive Equipment
471-219-536-034.64
$2,000
$0
Rent - Heavy Equipment
471-219-536-034.45
$500
$0
Office Supplies
471-219-536-035.11
$1,000
$0
Fuel and Lubricants
471-219-536-035.21
$3,000
$0
Uniforms and Clothing
471-219-536-035.24
$500
$0
Institutional Supplies
471-219-536-035.25
$500
$0
Fel
BOOK 90 wic 7L_ OCT 12 1993 34
r 0 CT 12 1993
BOOK 90 F -AGE 7:35 -7
Entry
Number
Funds/Department/Account Number
Account Number
Increase
Decrease
Expendable Tools
471-219-536-035.26
$500
$0
Other Operating Supplies
471-219-536-035.29
$5,000
$0
Paving Material
471-219-536-035.31
$2,000
$0
Landscaping Material
471-219-536-035.34
$500
$0
Water Main Maintenance
471-219-536-044.63
$15,000
$0
Meter Maintenance
471-219-536-044.64
$6,000
$0
Pumping Equipment
471-219-536-044.65
$2,000
$0
Hydrants & Valves Maintenance
471-219-536-044.66
$5,000
$0
Sewage Plant Maintenance
471-219-536-044.69
$1,000
$0
Miscellaneous Repairs
471-219-536-044.72
$1,500
$0
Licenses and Permits
471-219-536-034.97
$1,000
$0
PUBLIC DISCUSSION - REQUEST BY FRED MENSING TO SPEAR TO COMMISSION
REGARDING ALLEGED VIOLATIONS OF HIS RIGHTS
The Board reviewed a letter from Fred Mensing dated October 5,
1993, and the memo from County Administrator Jim Chandler dated
October 6, 1993:
18
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OCT 12 1993
BOOK 90 P,�GET3 1
TO: Board of County Commissioners DATE: October 6, 1993 FILE:
SUBJECT: Fred Mensing Request
FROM• James E. Chandler REFERENCES:
County Administrator
Attached for your information is a copy of the May 12, 1992 Board minutes,
when this matter was previously considered.
Chairman Bird recognized Fred Mensing and asked Mr. Mensing to
limit his remarks to new material and not repeat what has been
discussed before because the Board members have an excerpt of the
minutes of the BCC meeting of May 12, 1992, in the agenda backup
material.
Fred Mensing, 7580 129th Street, Roseland, came before the
Board to address the issue of anonymous complaints of code
violations. He noted that a year has passed since he last
addressed the Commissioners on this subject and he felt that
something definite needs to be done. He recounted the details of
his original accusations that a code enforcement officer trespassed
on his property when his property was posted, and he stated that
the problem ultimately was resolved. Mr. Mensing suggested the
following corrective action to handle anonymous complaints: The
caller should be asked where he/she lives and then be referred to
the Commissioner responsible for that district. That Commissioner
personally should investigate the complaint to see that the
complainer is not guilty of any violations, see that the complaint
is legitimate, and then an inspection warrant would be requested.
Legitimate violations would be presented to the Code Enforcement
Board for action. Mr. Mensing realized that this will cause more
work for a Commissioner, but he pointed out that being a
Commissioner is not a part-time job. He also did not want to hear
the excuse that the proposed plan is unworkable.
Mr. Mensing did not know if all Board members were aware that
he submitted to a "pat down" by a Deputy Sheriff before his
20
appearance before the Board today, and he intended to see Sheriff
Gary Wheeler about it. He pointed out that he was not armed and
did not intend to harm anyone. He further stated that he had never
threatened any Commissioner with any form of bodily harm. Any harm
directed to the Commission will come through a courtroom.
Commissioner Eggert disagreed with Mr. Mensing that the
Commissioners considered their Board responsibilities as part time
work. She personally spends a minimum of 50 hours each week on the
job as a Commissioner and knew that every Commissioner puts in
quite a bit of time. Commissioner Eggert reported that she
receives calls at her home, and she knew that other Commissioners
also received calls. She has discussed this situation with
representatives of other counties and the complaints are handled in
much the same manner, especially if it involves public health or
welfare. The occurrence of anonymous complaints is not limited to
Indian River County.
Mr. Mensing stood corrected regarding the hours Commissioners
spend at their posts, but argued that he did not want to hear the
argument that a Commissioner cannot investigate the anonymous
complaints. He realized that there are cases when anonymity is
warranted, such as an 80 -year old couple being intimidated by a
neighbor who is guilty of a code violation, and there is legitimate
fear, but those are isolated cases.
Chairman Bird stated that we cannot eliminate anonymous
complaints because there are too many people who are intimidated by
a neighbor next door or down the street. He gave the example of an
elderly lady who was scared to death of her neighbors. She
reported the violations anonymously and the code enforcement
officers cleaned up the entire neighborhood. He agreed we all
prefer that people identify themselves and nobody likes a
tattletale, but there are some situations where the caller must
remain anonymous. However, no action will be taken until the
situation is fully investigated and a code enforcement officer
finds that the complaint is legitimate.
Chairman Bird explained that he requested the presence of a
security officer at today's meeting but did not ask the deputy to
pat down or physically search Mr. Mensing. Chairman Bird explained
that he requested the presence of a deputy because Mr. Mensing made
remarks threatening County staff and Commissioners. This was
brought to the Chairman's attention and he felt. obliged to
safeguard County staff and Commissioners. The security measures
were taken to avoid any potential harm.
Commissioner Eggert led discussion regarding Mr. Mensing's
allegation of trespass by a code enforcement officer. She recalled
21
�T 121993 BOOK 90 PALMS
500K 90 FacE i:3
seeing pictures showing "No Trespassing" signs, but the pictures
were not dated so we could not say when the property was posted.
County procedure is very clear that code enforcement officers do
not enter a property when they see a "No Trespassing" sign.
County Attorney Charles Vitunac agreed that if a property is
posted and owned by someone else, our agents cannot enter into it
unless they have some other authority to enter that property. One
of those authorities would be a search warrant. If they see a
violation from the road, they can cite it and take the steps to
access the property by a search warrant. Attorney Vitunac further
reported that recently Community Development Director Bob Keating
met with the code enforcement department and restated accepted
procedure.
County Administrator Jim Chandler confirmed that is our
procedure. He further explained that when Mr. Mensing's case went
before the Code Enforcement Board in May 1992, our code enforcement
officer indicated that she did not see a "No Trespassing" sign,
there was no sign as far as she could see. She followed procedure.
A notice of violation was issued, the violation was presented to
the Code Enforcement Board and a determination was made by that
Board.
Mr. Mensing stated that the integrity of code enforcement
officers should be addressed, and he accused the code enforcement
officer of being either blind or untruthful. He accused the code
enforcement department of harassment by selective code enforcement.
He stated that last year he made a list of 400 code violations that
were visible to anyone driving the legal speed limit on any roads
within the county and currently 350 of them still exist.
Chairman Bird explained that if we receive a complaint or a
report of code violation in a certain area, the officer will
investigate that situation. The officer may drive by some other
violations which they may or may not notice. Mr. Mensing may call
that selective enforcement, but the officer is being dispatched to
investigate a specific violation, and that is what the code
enforcement officer did in Mr. Mensing's case. Chairman Bird
summarized that what Mr. Mensing requested and what we currently
are doing is really the same. The anonymous calls must continue to
be included in the process because some people will feel
intimidated if their complaint is not kept confidential. When
property is posted, our agents will not enter a property without
proper authority. Chairman Bird assured Mr. Mensing that he was
not singled out to be harassed. He stated that our code
enforcement department will continue to do their job, the Board
members will do their job, and Mr. Mensing will continue to do his
22
job, and we should try to live in harmony with our neighbors and
friends and stop making threats.
Commissioner Tippin observed that in his short term as a
Commissioner he received 5 complaint calls. He went out and
investigated them. Three of the complaints were problems with
neighbors and he took no further action. Two of the complaints
were satisfactorily remedied. He thought that was the routine
procedure followed by all Commissioners. He knew that all the
Commissioners receive phone calls regularly and they try to work
out problems and are successful about half the time. He further
explained that things do change. For example, he has burned trash
in the same spot on his property for 15 years but must quit that
now because it bothers his new neighbors.
Mr. Mensing thought that anonymous complaints should be
handled off the record until shown to be legitimate complaints
rather than generating paperwork and making people upset, and he
urged the Board to make that a policy.
Commissioner Adams asked what has been done about the 350
violations mentioned by Mr. Mensing, and Community Development
Director Bob Keating responded that he never got a list of
violations from Mr. Mensing.
REQUEST TO AUTHORIZE STAFF TO DRAW UPON LETTERS OF CREDIT FOR
COPELANDS LANDING, PHASE II AND III
The Board reviewed memo from Current Development Senior
Planner John W. McCoy dated October 5, 1993:
23
CT 121993
poor. 90 0',"F 740
OCT 12 N93
TO: James E. Chandler
County Administrator
D SION HEAD CONCURRENCE:
Obert X. R #ig, A
Community Developme6e Director
THROUGH: Stan Boling ICP
Planning Director
FROM: John W. McCoy, AICP
Senior Planner, Current Development
DATE: October 5, 1993
BOOK 90 UGF 741.
SUBJECT: Request to Authorize Staff to Draw Upon Letters of Credit
for Copeland's Landing, Phases II and III
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 12, 1993.
DESCRIPTION AND CONDITIONS:
On May 5, 1992, the Board of County Commissioners approved
Copeland's Landing Phase II final plat, based on the developer
bonding out for the required improvements. Subsequently, on
December 8, 1992, the Board of County Commissioners granted final
plat approval for Copeland's Landing Riverside (Phase III), based
on the developer posting security to guarantee a contract to
complete the required improvements by August 81 1993.
The developer has submitted 3 letters of credit to guarantee the
construction of the Phase II, Phase III, and wetland mitigation
required improvements. The letters of credit are in the amount of
$221,000 to guarantee phase II construction, $71,000 to guarantee
phase III construction, and $49,500 to guarantee wetland mitigation
work in the mosquito impoundment. The wetland mitigation work is
tied to both phases. Since the developer is in breach of contracts
with the county to complete the required improvements by August 9,
1993, and since the letters of credit guaranteeing the contracts on
Phase II and Phase III are due to expire on November 81 1993, and
the letter of credit securing mitigation may expire October 15th,
staff is requesting that the Board take action now to protect the
county's interests.
ANALYSIS:
When phase III was approved on December 8, 1992, all three letters
of credit were extended to November 8, 1993. The contracts for
construction for the remaining required improvements call for all
three areas of construction (Phase II, Phase III, wetland
mitigation work) to be completed by August 8, 1993. To date, none
of the construction has been completed, and no certificate of
completion has been issued by the county certifying that the
construction has been completed in an acceptable manner.
Therefore, the developer has been in breach of contract for
required improvements in all three construction areas since August
8, 1993.
24
Staff is hereby requesting that the Board of County Commissioners
authorize the chairman to execute the attached resolutions,
enabling staff to draw upon the letters of credit. Staff will act
to draw upon the letters of credit, prior to their expiration, if
the applicant does not obtain a certificate of completion and does
not submit an acceptable Bill of Sale guaranteeing performance of
dedicated utility improvements. Alternatively, staff would not
draw upon the letters of credit if, 2 days prior to their
respective expiration date, the developer submits amended letters
of credit and executes extended contracts for construction which
are acceptable to the county attorney's office.
If the letters of credit are drawn on by - the county, the county
would use the funds to ensure that required improvements are
completed. Staff would return to the developer any funds remaining
after completion of the project, and after the one year warranty
period expires.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the
attached resolutions authorizing staff to draw upon the full amount
of the letters of credit as necessary.
Planning Director Stan Boling further explained that the
developer is working with the County Attorneys office for
replacement letters of credit, which would be an alternative.
Therefore, staff recommends that the Board adopt resolutions
authorizing staff to draw upon letters of credit, if necessary, and
authorize the Chairman to execute extensions to the construction
contract in the event that the developer is able to do that.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolutions 93-176, 93-177, and 93-178 authorizing
draft on letter of credit, if necessary, and
authorized the Chairman to execute extensions to the
construction contract in the event the developer is
able to extend the contract, as recommended by
staff.
EXTENSIONS TO CONTRACTS (3)
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
25
OCT 121993 BOOK 90 PAGE A42
OCT 12 1991
BOOK 9.0 : AGE 743..
RESOLUTION NO. 93-176
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING THE DEFAULT OF COPELAND LANDING,
INC. UNDER THE TERMS OF CONTRACT NO.
PRD -90-10-09 AND AUTHORIZING DRAFT ON
NATIONSBANK INTERNATIONAL MIAMI LETTER OF
CREDIT NO. EM29888092 DATED JULY 29, 1992 WITH
AMENDMENT NO. 1 DATED DECEMBER 1, 1992 (ISSUING
BANK - CAISSE CENTRALE DES JARDINS, MONTREAL,
REF.: LCS 4788/189; DATED JULY 15, 1992) .
WHEREAS, County Development Regulations require development
plat improvements to be in place before a plat is recorded; and
WHEREAS, a plat may be recorded prior to construction of
required improvements if the developer contracts with the County to complete
those required improvements within one year of final plat approval and posts
adequate security to guaranty that contractual agreement; and
WHEREAS, COPELAND LANDING, INC., a Florida corporation,
entered into a contract on behalf of the development known as Copelands
Landing Riverside, P.R.D. which contract was numbered PRD -90-10-09; and
WHEREAS, the contract was secured by a NationsBank
International Miami Irrevocable Letter of Credit No. EM29888092 (Issuing
Bank Ref.: LCS 4788/189) in the amount of $55,000.00 with issue date of
July 29, 1992 with Amendment No. 1 dated December 1, 1992, lowering the
amount to $49,500.00 and extending the expiration date to November 8, 1993,
naming Indian River County Board of County Commissioners as beneficiary
with Caisse Centrale Des Jardins, Montreal, Canada as issuing bank
(Irrevocable Letter of Credit No. LCS 4788/189); and
WHEREAS, COPELAND LANDING, INC. has failed to perform its
obligations under the "Contract for Construction of Required Improvements
No. PRD -90-10-09".
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
1. The above statements are ratified in their entirety.
26
2. WE HEREBY CERTIFY THAT COPELAND LANDING, INC. HAS
DEFAULTED UNDER THE TERMS OF THE COPELANDS LANDING RIVERSIDE,
P.R.D. CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO. PRD -90-10-09 BETWEEN COPELAND LANDING, INC. AND INDIAN RIVER
COUNTY. THE AMOUNT OF THIS DRAWING, $49,500.00, REPRESENTS THE
AMOUNT REQUIRED BY
THE COUNTY
TO
FULFILL THE PERFORMANCE OF
SAID CONTRACT FOR
CONSTRUCTION
OF
REQUIRED IMPROVEMENTS NO.
PRD -90-10-09.
3. Developer, Copeland Landing, Inc. has been notified of the
deficiencies in its performance of Contract No. PRD -90-10-09.
4. The Chairman of the Board of County Commissioners of Indian
River County is hereby authorized to execute this resolution certifying
default along with any other necessary documents to call the Irrevocable
Letter of Credit of Caisse Centrale Des Jardins, Montreal, Canada (Issuing
Bank Ref.: LCS 4788/189) by draft drawn on NationsBank International Miami
L / C Ref. No. EM29888092, as amended.
5. This draft is drawn on NationsBank International Miami Letter
of Credit No. EM29888092 dated July 29, 1992 with Amendment No. 1 dated
December 1, 1992; reference Caisse Centrale Des Jardins, Montreal, Canada
issuing bank Letter of Credit No. LCS 4788/189 dated July 15, 1992.
6. The Director of the Indian River County Office of Management
and Budget is hereby directed to submit this resolution, original confirming
letter of credit- of NationsBank International Miami with Amendment No. 1,
and the validated copy of the original Letter of Credit issued by Caisse
Centrale Des Jardins, Montreal, Canada, by sight draft in the amount of
$49,500.00 U.S. dollars marked "DRAWN ON IRREVOCABLE LETTER OF
CREDIT NO. LCS 4788/189 AND NATIONSBANK INT'L REFERENCE NUMBER
EM29888092" , to L/C Department, NationsBank International • Miami, 80 S.W.
8th Street, 23rd Floor, Miami, Florida 33130, U.S.A., arriving at the
counters of NationsBank International Miami prior to 3:30 p.m. on October
15, 1993.
27
Boor. 90 FADE -744
OCT 121993
F, `'� 745
BOOK 9® �,ur.
The foregoing resolution was offered by Commissioner Eggert _ _
and seconded by Commissioner T i p p in , and, being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of October, ' 1993 .
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
Ric and N. Bird, C 'rman
RESOLUTION NO. 93- 1 7 7
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING THE DEFAULT OF COPELAND LANDING,
INC. UNDER THE TERMS OF CONTRACT NO.
PRD -90-10-09 AND AUTHORIZING DRAFT ON FIRST
UNION NATIONAL BANK OF FLORIDA STANDBY
LETTER OF CREDIT REFERENCE NO. X510105 (ISSUING
BANK: CHEMICAL BANK NEW YORK, LETTER OF
CREDIT NO. N-392164) EFFECTIVE SEPTEMBER 20,
1992, CONFIRMED OCTOBER 1, 1992 WITH AMENDMENTS
DATED OCTOBER 26, 1992 AND NOVEMBER 25, 1992.
WHEREAS, County Development Regulations require development
plat improvements to be in place before a plat is recorded; and
WHEREAS, a plat may be recorded prior to construction of
required improvements if the developer contracts with the County to complete
those required improvements within one year of final plat approval and posts
adequate security to guaranty that contractual agreement; and
WHEREAS, COPELAND LANDING, INC., a Florida corporation,
entered into a contract on behalf of the development known as Copelands
Landing Riverside, P.R.D. which contract was numbered PRD -90-10-09; and
28
WHEREAS, the contract was secured by a First Union National
Bank of Florida Standby Letter of Credit Reference No. X510105 (Issuing
Bank: Chemical Bank New York, Letter of Credit No. N-392164) in the
amount of $71,000.00 with effective date of September 20, 1992, naming
Indian River County Board of County Commissioners as beneficiary with
Chemical Bank New York, 55 Water Street, New York, New York 10041 as
issuing bank, as amended by First Union National Bank of Florida
Amendments dated October 26, 1992 and November 25, 1992, extending the
expiration date to November 5, 1993; and
WHEREAS, COPELAND LANDING, INC. has failed to perform its
obligations under the "Contract for Construction of Required Improvements
No. PRD -90-10-0911.
NOW, THEREFORE, BE IT .RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
1. The above statements are ratified in their entirety.
2. WE HEREBY CERTIFY THAT "COPELAND'S LANDING, INC.
HAS DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED
CONTRACT FOR REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF
THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO
FULFILL THE PERFORMANCE OF THE SAID CONTRACT FOR THE REQUIRED
IMPROVEMENTS."
3. Developer, Copeland Landing, Inc. has been notified of the
deficiencies in its performance of Contract No. PRD -90-10-09.
4. The Chairman of the Board of County Commissioners of Indian
River County is hereby authorized to execute this resolution certifying
default along with any other necessary documents to call the Standby Letter
of Credit of First Union National Bank of Florida Reference No. X510105, as
amended (Issuing Bank: Chemical Bank New York, Letter of Credit No.
N-392164, 55 Water Street, New York, New York 10041) .
5. This draft is drawn under Irrevocable Letter of Credit No.
N-390814 of Chemical Bank New York - First Union National Bank of Florida
Reference No. X510105 with effective date of September 20, 1992, confirmed
29
L -C CT 1 2 199.
BOOK 90 P -V- c 746
BOOK c� FA
OCT 12 1 0 �E 7.4.7
October 1,
1992
with Amendments
effective
October 26, 1992
and
November
25, 1992,
which
original Letter
of Credit
and Amendments
are
attached
hereto.
6. The Director of the Indian River County Office of Management
and Budget is hereby directed to submit this resolution and the original
Letter of Credit with amendments by sight draft for $71,000.00 U.S. dollars
marked "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. N-392164
OF CHEMICAL BANK NEW YORK = FIRST UNION NATIONAL BANK OF
FLORIDA REFERENCE NO. X510105" to First Union National Bank of Florida,
Letters of Credit Department (FL6042), 200 South Biscayne Boulevard, 12th
Floor, Miami, Florida 33131, arriving at the counters of First Union National
Bank of Florida prior to November 8, 1993.
The
foregoing resolution
was offered by
Commissioner F g g e r t
and seconded
by Commissioner T i
D p in , and,
being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of October, 1993.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
27
By- Gl 1 ze_�
Richard N. Bird, Chairman
30
RESOLUTION NO. 93-178
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING THE DEFAULT OF COPELAND LANDING,
INC. UNDER THE TERMS OF CONTRACT NO.
SD -87-05-06 AND AUTHORIZING DRAFT ON FIRST
UNION NATIONAL BANK OF FLORIDA STANDBY
LETTER OF CREDIT REFERENCE NO. X500872 (ISSUING
BANK: CHEMICAL BANK NEW YORK, LETTER OF
CREDIT NO. N/383821) DATED MARCH 17, 1992 WITH
AMENDMENTS DATED MARCH 30, 1992, AUGUST 1,
1992, OCTOBER 15, 1992 AND NOVEMBER 27, 1992.
WHEREAS, County Development Regulations require development
plat improvements to be in place before a plat is recorded; and
WHEREAS, a plat may be recorded prior to construction of
required development improvements if the developer contracts with the
County to complete those required development improvements within one year
of final plat approval and posts adequate security to guaranty that
contractual agreement; and
WHEREAS, COPELAND LANDING, INC., a Florida corporation,
entered into a contract on behalf of the development known as Copelands
Landing Subdivision, Phase II which contract was numbered SD -87-05-06;
and
WHEREAS, the contract was secured by a Southeast Bank N.A.
Standby Letter of Credit No. N/383821, Advice No. 32807 dated March 17,
1992 in the amount of $292,000.00 with date of expiry of February 11, 1993,
naming Indian River County Board of County Commissioners as beneficiary
with Chemical Bank New York, 55 Water Street, New York, New York 10041
as issuing bank; and subsequently amended by Amendment No. 001 dated
March 30, 1992 to change date of expiry to July 15, 1993; and further
amended by First Union National Bank of Florida d/b/a Southeast Bank,
N.A. Amendment dated August 1, 1992 changing the name and address of
presentment as well as changing the Letter. of Credit Number from 32807 to
X500872; and further amended by First Union National Bank of Florida
Amendment dated October 15, 1992 to decrease the amount of the Letter of
Credit by $71,000.00; and further amended by First Union National Bank of
Florida dated November 27, 1992, to extend the date of expiry to November
8, 1993; and
31
CT 12 1993 BOOK 90 W1.1 748
OCT 12 1993 WK 90 F -VGE 749
WHEREAS, COPELAND LANDING, INC. has failed to perform its
obligations under the "Contract for Construction of Required Improvements
No. SD -87-05-06".
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
1. The above statements are ratified in their entirety.
2. Developer, Copeland Landing, Inc. has been notified of the
deficiencies in its performance of Contract No. SD -87-05-06.
3. The Chairman of the Board of County Commissioners of Indian
River County is hereby authorized to execute this resolution certifying
default along with any other necessary documents to call the Standby Letter
of Credit of First Union National Bank of Florida, Reference No. X500872, as
amended; Issuing Bank: Chemical Bank New York, Letter of Credit No.
N/383821.
4. The Public Works Director of Indian River County is hereby
authorized to execute a letter to First Union National Bank of Florida to
accompany the sight draft, certifying that "COPELAND LANDING, INC. HAS
DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED CONTRACT
FOR REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT
REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE
PERFORMANCE OF THE SAID CONTRACT FOR THE REQUIRED
IMPROVEMENTS. "
5. The Director of the Indian River County Office of Management
and Budget is hereby directed to submit the Public Works Director's letter of
certification and the original Letter of Credit with four Amendments by sight
draft in the amount of $221,000.00 U.S. dollars marked "DRAWN UNDER
IRREVOCABLE LETTER OF CREDIT NO. N-383821 OF CHEMICAL BANK NEW
YORK/FIRST UNION NATIONAL BANK OF FLORIDA REFERENCE NO.
X500872" to First Union National Bank of Florida, Letters of Credit
Department (FL6042), 200 South Biscayne Boulevard, 12th Floor, Miami,
Florida 33131, arriving at the counters of First Union National Bank of
Florida at the close of business on or before November 8, 1993.
32
_I
The foregoing resolution was offered by Commissioner E g g e r t
and seconded by Commissioner T i p p in , and, being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of October, 1993.
ATTEST:
Jeff -y- K B rton, Clerk
a� -- � 1_ C
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
Ric rd N. Bird, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
WILLIAM G. COLLINS 11
DEPUTY COUNTY ATTORNEY
STAFF RESPONSE TO JUDY WAGNER'S COMMENTS TO THE BOARD OF COUNTY
COMMISSIONERS ON SEPTEMBER 7, 1993, REGARDING THE CURRENT ANIMAL
CONTROL ORDINANCE
The Board reviewed memo from Emergency Services Director Doug
Wright dated September 28, 1993:
33
OCT 121993 im 90 i�cL 750
I
OCT 12 1993
TO: Board of County Commissioners
THROUGH: Jim Chandle,F, Cunty Administrator
FROM: Doug Wrightl Director
Emergency Services
DATE: September 28, 1993
BOOK 90 PAGE 751 I
SUBJECT: Staff Response to Judy Wagner's Comments to the Board of
County Commissioners on September 7, 1993, Regarding the
Current Animal Control Ordinance
On September 7, 1993, Judy Wagner appeared before the Board of County
Commissioners regarding certain concerns and recommendations she
wanted to make relating to the current Animal Control Ordinance.
Staff was directed to review the recommendations and report back to
the Board and provide Ms. Wagner with notice when the matter would be
placed on the agenda for consideration.
Staff has reviewed the letter Ms. Wagner read to the Board and met
with the County Attorney's Office regarding potential legal
ramifications and collateral issues. Presentation of the staff
response will be provided in terms of the major issues alluded to by
Ms. Wagner.
CONCERN: Ms. Wagner's comments were, in part ....."Under
Section 302.05 an owner of an animal is only required
to keep that animal on a leash, cord, chain, etc., if
the animal is off his own property. The animal can
be loose on his own property if under the control of
his owner or responsible person. The term `under
control' is insufficient. Simply telling your dog or
cat `stay' and then driving off to work is
ridiculous. The animal who will `stay' is the
exception to the rule.
RESPONSE: Staff has inquired of the county governments of
Brevard, Duval, Palm Beach, Broward, and St. Lucie
animal control agencies regarding animal control
ordinances. It was determined that none of the above
counties. _require animals to be restrained on their own
property.
Staff is hesitant to recommend that the County further
infringe -or add more restrictions on property owners
in terms of, -,what they can do on their own property.
Where shoed government stop if such an ordinance
amendment were proposed? Should a family who has ten
acres or twenty acres of land be required to restrain
their animals on their property?
While the animal control ordinance could be amended by
the Board to include the restraint provision suggested
by Ms. Wagner, further government intrusion into
private property rights is not seen as a remedy
regarding this issue. It seems more feasible to
handle the complaints on an individual basis and cite
those pet owners who fail to adhere to the
requirements set forth in the existing ordinance.
34
Excessive complaints have not been recorded in this
regard by the Animal Control Division which would
suggest there is not an alarming number of citizens
leaving their animals unrestrained in their front
yards, telling them to "stay" and driving off.
CONCERN: Ms. Wagner
states "It is no wonder that there were
over 300
animal bites reported to the Health
Department
in 1991 and 75 animal bites the first two
months of
1992. I would like to know why Indian
River County has not picked up the responsibility of
seeing to
it that there is a mandatory reporting
system of
animal bites since it was discontinued
early on in 1992 by the State of Florida. All
physicians,
veterinarians, clinics, hospitals in this
county should be legally obligated to report all
animal bites to Animal Control. How else can you
keep track
of animals that are repeat biters?"
RESPONSE: Staff cannot agree or disagree with the figures cited
by Ms. Wagner in terms of bite statistics since Mike
Galanis of the Environmental Health Office was
contacted on September 30, 1993, by this writer and he
could not state whether the figures were accurate or
not. He did advise that the reporting of domestic
animal control bites to his office was very minimal
and had substantially reduced since the state decided
not to fund the program in 1992. The Animal Control
Division has received thirty-five ( 35 ) bite reports
from the period March -August, 1993.
It should be noted that staff contacted the State
Rabies Control Of f icer who stated the State of Florida
has not changed the bite reporting policy for medical
facilities. This was also verified by the President
of the Florida Animal Control Association. It was
also determined that Administrative Rule 1OD-3.62 is
still in effect and it requires medical practitioners
to report animal bites (of humans only) by a
potentially rabid animal to the County Health Unit.
Ms. Wagner also suggests that all medical entities
should be required to report all animal bites to
Animal Control. Staff would assert that all bites are
not due to a vicious animal and in many cases, dogs
are being teased, harmed, abused, protecting their
offspring, or the result of a dog in heat when the
bite occurs. Each case has to be judged on its own
merits after the facts are obtained.
The Board could amend the ordinance to include the
language that Ms. Wagner suggests, but enforcement
would be difficult if not impossible. Staff feels the
bite reporting program and the ordinance in place is
sufficient given the fact this is the first complaint
that has been raised by anyone in this regard to this
writers knowledge.
35
CT 1993 600K go F,g, 752
BOOK 90 PAGE 753
O C I 12 16'4,1'
CONCERN: Ms. Wagner states that "All veterinarians in Indian
River County should be required by law to release a
list of all their `patients' with address and phone
numbers to Animal Control so that these owners of
pets can be billed for a county dog or cat tag.
Another option would be for veterinarians in this
county to sell county tags and not be permitted to
treat an Indian River County cat or dog that did not
have a county tag. "
RESPONSE: The County Attorney's Office advised that the County
has no legal authority to compel veterinarians to
release a list of all their patients with address and
phone numbers to Animal Control.
Ms. Wagner's comment relating to veterinarians in the
county selling animal licenses has already been
implemented. On May 12, 1992, the Board approved a
staff recommendation to authorize the Humane Society
and local veterinarians to sell animal licenses.
STAFF CONCLUSION AND
ION:
The Animal Control Ordinance is constantly undergoing scrutiny in
terms of how it might be improved and comments, both positive and
negative, such as Ms. Wagner's are welcome and appreciated. Staff is
considering issues such as a mechanism for citation on the basis of
complaint affidavits, licensing of pet shops and boarding kennels,
enhanced regulation regarding nuisance caused by animals, and others.
It should be noted that staff meets quarterly with all veterinarians
and the Humane Society in Indian River County. These meetings have
provided for a much improved working relationship and resulted in
some good suggestions for improvement in the Animal Control
Ordinance. Daily contacts with the Humane Society are the norm and
staff attends various meetings at the Humane Society regarding animal
related problems.
Staff recommends the Board retain the current Animal Control
Ordinance until issues under review are discussed in meetings with
veterinarians, the Humane Society, interested citizens, and the
County Attorney's Office. At that time the proposed changes will be
submitted to the Board for formal consideration and direction.
Commissioner Macht agreed with staff's construction,
interpretation and observations, but he pointed out that all those
explanations are immaterial when a dog bites a person. He asked
whether harsher penalties would be practical or desirable.
Director Wright recounted that the Board adopted higher fees
as a harsher penalty for animals that were not neutered, but that
was ignored by pet owners, so he would not recommend that action.
We have three categories of offenses and the second and third
offenses get expensive, so we do have this mechanism and we record
the history of dog bites. We cannot declare a dog vicious without
a history. We have had two appeals of declaration of a vicious
dog. In one case the decision was in favor of the animal and in
the other case the animal was destroyed.
36
Commissioner Eggert asked, and Director Wright responded that
the penalty for a first bite is $25 plus costs.
Commissioner Adams was concerned that the medical facilities
are not required to report animal bites to Animal Control. Every
time an animal bites a human, it should be reported, whatever the
cause, whether it be teasing, abuse or whatever, and if the animal
bites a human again, we will have that recorded history.
Director Wright assured the Board that Animal Control has a
good relationship with the medical community and this is the first
complaint regarding the reporting of animal bites.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously upheld
staff's conclusion and recommendation.
APPROVAL OF AMENDMENT TO TOWER SPACE LEASE BETWEEN INDIAN RIVER
COUNTY AND PAGING NETWORK OF FLORIDA, INC.
The Board reviewed memo from Emergency Services Director Doug
Wright dated September 30, 1993:
TO: Board of County Commissioners
THROUGH: Jim Chandler, .ounty Administrator
FROM: Doug Wright; Director
Department of Emergency Services
DATE: September 30, 1993
SUBJECT: Approval of Amendment to Tower Space Lease between Indian
River County and Paging Network of Florida, Inc.
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
On November 27, 1990, Paging Network of Florida, Inc., entered into
a Tower Space Lease with Indian River County. Recently, the company
requested permission to modify or amend the existing lease to permit
them to duplex the paging equipment and add a pole -mounted satellite
receiving dish adjacent to Hobart Tower.
While the additional equipment will not have a significant impact on
operational expenses at the tower, staff felt the County should
receive some benefit for allowing the satellite dish antenna to be
located on site. After some negotiations, it was proposed that the
Company would provide the County with twelve (12) Bravo Plus pagers
for use by emergency response personnel for the term of agreement.
The County would not be charged for the pagers (a value of $2,368.80
per year).
37
0 C 121993 BOOK �� Fa�� 754
OCT 1 2 1
t BOOK 90 FAGS 755 1
ALTERNATIVES AND ANALYSIS
The pagers will provide a coverage area from Central Florida to the
Florida Keys and includes Mini -Mail which will allow for up to
sixteen (16) different messages which can be retained in memory. The
pagers have a vastly larger range than pagers on the County system
and would be beneficial in terms of accessing emergency services
personnel who may be out of the county.
The amendment to the existing Tower Space Lease also includes
language that the Company would replace any pager which becomes
defective and the County would replace any pager that is lost,
stolen, or destroyed at the rate of $100.00 per pager.
RECOM11ENDATION
Staff recommends Board approval of the Amendment to the Tower Space
Lease between Indian River County and Paging Network of Florida,
Inc., and requests the Board authorize the Chairman to execute the
necessary documents.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Chairman Bird, to approve the amendment to the Tower
Space Lease with Paging Network of Florida, Inc., as
set out in staff's memorandum.
Under discussion, Commissioner Adams was concerned because
this is not a real arm's-length transaction and it sets a bad
precedent because the next offer may be for a bucket of tomatoes.
Commissioner Macht agreed, and stated that we are not in the
barter business and we do not know that the need for pagers is
equal to the normal lease charge on the tower.
Director Wright recounted several occasions where the County
exchanged tower space for other consideration. The pagers will be
of value to the County. They reach from central Florida to Key
West, and when County personnel are out of the county, they can
avoid long distance telephone calls to check in. Director Wright
assured the Board that this agreement was reached only after due
consideration and in light of similar agreements in the past. The
pagers require only additional equipment in the equipment room and
not additional antennae on the tower.
Commissioner Adams preferred to pay for pagers and receive
payment for tower space.
Commissioner Macht thought that we lose accountability for
budgetary purposes when we get into the barter business.
Commissioner Tippin was confident that this is a good
agreement since similar agreements have been executed before.
Administrator Chandler advised that Paging Network will supply
the pagers to us in addition to the annual lease payment of $2,040.
38
Commissioner Adams preferred to see a monetary consideration
and a straightforward agreement.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 3-2, Commissioners Adams
and Macht voting in opposition.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
APPROVAL OF GENERAL ASSIGNMENT AGREEMENT TO TOWER SPACE LEASE
BETWEEN INDIAN RIVER COUNTY AND COMMUNICATIONS INTERNATIONAL. INC.
ASSIGNMENT TO MOBILE COMMUNICATIONS OF FLORIDA, INC.
The Board reviewed memo from Emergency Services Director Doug
Wright dated September 17, 1993:
TO: Board of County Commissioners
THROUGH: Jim Chandler_ , Cpunty Administrator
FROM: Doug Wright, Director
Department of Emergency Services
DATE: September 17, 1993
SUBJECT: Approval of General Assignment Agreement to Tower
Space Lease between Indian River County and
Communications International, Inc. - Assignment to
Mobile Communications of Florida, Inc.
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
On March 19, 1986, Communications International, Inc., d/b/a
Communications of Vero, entered into a Tower Space Lease Agreement
with Indian River County. Communications International has notified
the County that the company is assigning the existing lease to Mobile
Communications of Florida, Inc., and is requesting Board approval of
the lease assignment.
A Third Party Estoppel and Consent document along with a General
Assignment Agreement relating to the lease transfer has been received
and reviewed by the County Attorney. The documents have been found
in order and legally sufficient for the purpose intended.
ALTERNATIVES AND ANALYSIS
Mobile Communications of Florida, Inc., is assuming the existing
lease between the County and Communications International in its
entirety. Payments related to the lease are current and no deposits
or property are being held by the County.
39
199
BOOK. �: . 756
o CT 12 1993 BOOK
RECOMIGMATION
00 PAGE 757
Staff recommends approval of the General Assignment Agreement
transferring the existing Tower Space Lease Agreement from
Communications International to Mobile Communications of Florida,
Inc., and requests the Board authorize the Chairman to execute the
necessary legal documents.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the General Assignment Agreement transferring the
existing Tower Space Lease Agreement from
Communications International to Mobile
Communications of Florida, Inc., as recommended by
staf f .
SAID ASSIGNMENT AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
EMERGENCY PURCHASE OF UNINTERRUPTED POWER SUPPLY BATTERIES FOR E911
COMMUNICATIONS CENTER
The Board reviewed memo from Emergency Services Director Doug
Wright dated October 8, 1993:
TO: Boardiof County Commissioners
THROUGH: Jim Chandl r, ounty Administrator
FROM. Doug Wright, Director
Emergency Services
DATE: October 8, 1993
SUBJECT: Emergency Purchase of UPS Batteries from Stationary Power
Services for E911 Communications Center
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners on an
emergency basis at the meeting scheduled for October 12, 1993.
DESCRIPTION AND CONDITIONS
In the past few days, two of the UPS system batteries which support
the E911 Communications Center have failed. The UPS circuit has been
adjusted to maintain the correct cycle, however, this limits the
performance of the system and the potential for other batteries to
fail.
EPE Technologies, which manufactured the UPS system, recommends that
all thirty (30) of the batteries be replaced given they were
purchased in 1988 and five years is the average battery life. Staff
received a price quote of $5,610 plus approximately $668 in freight
for 30 batteries for a total of $6,278 from EPE Technologies. -
Delivery time would be from four to six weeks.
40
Staff contacted Stationary Power Services, another supplier of the
PRC1211X specialized type batteries in Clearwater, Florida. A quote
of $5,980.20 for 30 batteries was received from this company with a
delivery time of two weeks with no freight charges.
Staff also contacted Indian River Battery, a local company in Vero
Beach, in an effort to determine if they could provide the batteries
at a competitive price. Indian River Battery quoted $6,045 for the
30 batteries and a delivery time of three weeks with no freight
charges. All three vendors prices included one year full warranty
with nine years pro -rated as well as installation and certified
disposal of the old batteries.
ALTERNATIVES AND ANALYSIS
Time is of the essence in obtaining the batteries and returning the
UPS system to its full capability. The UPS system supports the
dispatch and CAD functions of the E911 Center and optimum capability
should be maintained at all times for obvious and substantial
reasons.
RECOMMENDATION
Staff recommends the Board waive the bidding process, declare the
purchase an emergency, and authorize the purchase of the UPS
batteries from Stationary Power Services for $5,980.20. Funding is
available in the 911 Surcharge Fund to purchase the batteries.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the purchase of Uninterrupted Power Supply batteries
from Stationary Power Services in the amount of
$5,980.20, as recommended by staff.
FINAL TAXABLE VALUE CERTIFICATION - FISCAL YEAR 1993/94
The Board reviewed memo from OMB Director Joe Baird dated
October 11, 1993:
41
600K 90 f's� 758
OCT 12 1993
TO: Members of the Board
of County Commissioners
DATE: October 11, 1993
BOOK 90 f-nuE 759
SUBJECT: FINAL TAXABLE VALUE CERTIFICATION FY 1993/94
FROM: Joseph A. Baird �•
OMB Director
Description and Conditions
Indian River County has received the Final Certification of Taxable Value, form DR -422,
from the Property Appraiser's Office. Under Florida State Statutes 200.065(5) counties can
administratively adjust their millage when there is a 1% variance between the preliminary
and final certifications of value in the General Fund and countywide voted debt fund.
Special districts and M.S.T.U. (Municipal Service Taxing Units) may only adjust when there
is a 3% variance between preliminary and final certifications.
I have summarized our taxing units below:
Preliminary Final Difference
Taxable Taxable Taxable
Value Value Value
;Sil1.1)i
:;:::::::,•'::�::R:::;;;;>:��ria== r:::::':::`����':��<:::;:::z:::::::
5�4�31�4�,9i
M.S.T.U. 3,043,011,059 3,002,726,016 (1.32%)
Emerg. Serv. District 4,567,430,241 4,519,144,981 (1.06%)
Each taxing unit's taxable value was reduced over one percent. The General Fund and
Library G.O. Bond millages could be increased administratively; however, the M.S.T.U. and
Emergency Services cannot be changed.
42
E
Analysis
The changes in taxable value for all four of Indian River County Board of County
Commissioners tax funds could mean a potential loss of $410,674 in revenue. Even if we
administratively increased the General Fund and Library G.O. Bonds, we would still have
a potential loss of $156,942 which we could not adjust.
Under Chapter 129 of the Florida Statutes we budget 95% of our revenue which helps offset
the four percent discount for early payment of taxes and for delinquent collections. Taking
into account that the variance is barely over one percent, our prior history of collections and
the current economic environment, staff feels we should not increase the millage in the
General Fund and Library G.O. Bond for the variance.
Recommendation
Staff recommends to the Board of County Commissioners the following:
1. We do not administratively increase the General Fund or Library G.O.
Bond millages.
2. Authorize the County Administrator to sign the Certification of Final
Taxable Value at the original millage rates that were approved by
resolution at the final Budget Hearing on September 15, 1993.
Commissioner Eggert explained that this is a requirement at
the conclusion of Value Adjustment Board hearings.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
and authorized the County Administrator to execute
the Certification of Final Taxable Value for Fiscal
Year 1993/94 with no increase in the General Fund or
Library General Obligation Bond millages, as
recommended by staff.
RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR DEVELOPMENT OF DONALD MACDONALD PARR
The Board reviewed memo from Public Works Director Jim Davis
dated September 7, 1993:
43
OCT f 2 1993 BOOK 90 F'A E 16.0
J
BOOK 90 FACE 761
OCT 12 1993
TO: James E. Chandler,
County Administrator _
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Florida Recreational Development Assistance
Program Grant Resolution - Donald MacDonald
Park
DATE: September 7, 1993 FILE: dmdgrant.agn
DESCRIPTION AND CONDITIONS
The County Public Works Department has prepared a grant application
for a $50,000 state grant to improve the boating, waterfront, and
nature walk facilities at Donald MacDonald Park. No matching
county funds are proposed, since grants $50,000 and less do not
require matching funds.
RECOMMENDATIONS AND FUNDING
Staff recommends that the grant resolution be approved and
authorization be given to transmit the application to the Florida
DEP.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-179 requesting financial assistance
from the Department of Environmental Protection for
the development of Donald MacDonald Park, as
recommended by staff.
RESOLUTION NO. 93 - 179
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, REQUESTING
FINANCIAL ASSISTANCE FROM THE
DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR THE DEVELOPMENT OF
DONALD MACDONALD PARK
WHEREAS, Indian River County, Florida, has prepared a grant
application for the development of Donald MacDonald Park under the
Florida Recreation Development Assistance Program; and
WHEREAS, it is a requirement of the program that this
Resolution be adopted and become an official part of the
application;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, THAT:
44
I . The Indian River County Public Works Director is authorized to
submit an application requesting $ 50,000 in financial assistance
from the Florida Recreation Development Assistance Program for
development of Donald MacDonald Park.
2. Indian River County has an officially adopted local
comprehensive plan, including a recreation and open space element,
pursuant to the Local Government Comprehensive Planning Act, and
all segments of the public were offered an opportunity to
participate in the planning process leading to the adoption of this
document.
3. Indian River County has an on-going program of public
participation which encourages involvement by all segments of the
population within its jurisdiction, including minority and
disadvantaged citizens, in the planning for and selection of
recreation projects.
4. No County funds are proposed, since grants $50,000 and less do
not requrie matching funds.
5. Indian River County is in a fiscally and legally responsible
position to satisfactorily develop, operate and maintain the
project'site in accordance with program requirements.
6. The total cost of the grant project is expected to be $50,000.
7. The Indian River County Public Works Director is designated as
the official liaison agent and is authorized to accept the grant
and execute all appropriate documents and contracts for the purpose
of administering the grant for Indian River County, Florida.
8. The Florida Recreation Development Assistance Program
application is'a part of this Resolution.
9. This Resolution shall be in full force and effect immediately
after its passage and approval in the manner provided by law.
PASSED AND ADOPTED THIS 12th DAY OF October 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
.
It
Richard N. Bird, Chairman
45
®� 1993 BOOK
T
12 93
BOOK 90
FADE 763"
JUNGLE TRAIL WATER LINE EXTENSION
- NORTH BEACH REVERSE OSMOSIS
PLANT
The Board reviewed memo from Utility Services Director Terry
Pinto dated September 29, 1993:
DATE:
SEPTEMBER 29, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED WILLIAM�OCFCUTILITY
N
AND STAFFED CAPITALENGINEER
BY: DEPAR SERVICES
SUBJECT: JUNGLE TRAIL WATER LINE EXTENSION
NORTH BEACH R.O. PLANT
INDIAN RIVER COUNTY PROJECT NO. UW -93 -27 -DS
BACKGROUND
With the completion of our new Master Plan, capital projects have
been identified through the year 2010. One of the immediate
projects is the construction of a water transmission main on a
portion of Jungle Trail. This line will be constructed from the
entrance of the North Beach Water Plant north on Jungle Trail to our
existing water line on County Road 510. This line will act not only
as a secondary feed line from the plant to the distribution system
but will also aid in maintaining proper pressure in the distribution
system.
ANALYSIS
The Master Plan identifies a 10 -inch water line on Jungle Trail
approximately 2,500 linear feet in length (see attached Master Plan
exhibit). The Utilities staff is proposing to design this line
in-house going outside for surveying services only. The project
costs are estimated as follows:
Construction $62,500.00
10% contingency 6,250.00
lot engineering, surveying, inspection 6.250.00
Total estimated project cost $75,000.00
We are in front of the Board of County Commissioners for approval of
this project and for authorization to solicit quotes for the
required surveying work, allowing us to proceed with the project
design. Funding for this project will be from the impact fee fund.
The staff of the Department of Utility Services recommends the Board
of County Commissioners approve the commencement of the Jungle Trail
project as presented.
46
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the commencement of the Jungle Trail project as
presented by staff.
MACHO DEVELOPER'S AGREEMENT - COMMERCIAL NODE DEVELOPMENT
The Board reviewed memo from Utility Services Director Terry
Pinto dated September 24, 1993:
DATE: SEPTEMBER 24, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
PREPARED WILLIAM F. N
AND STAFFED CAPITAL PR ENGINEER
BY: DEPARTMENT TILITY SERVICES
SUBJECT: MACHO DEVELOPER'S AGREEMENT
COMMERCIAL NODE DEVELOPMENT
The water and wastewater lines were completed this year to the
commercial node at County Road 512 and I-95 providing service for
existing and future commercial development. The Utilities
Department has also been authorized this year to provide utility
service on 102nd Terrace via an assessment project, which is
currently under way. Additional development on 102nd Terrace is now
ready to proceed. The firm of Macho Products, Inc., has been
approved to construct the first phase of their manufacturing
facility on 102nd Terrace, and it will be under construction in the
next few months. In an effort to expedite this development, a
developer's agreement (see attached) has been negotiated for the
construction of a portion of the utilities which will service 102nd
Terrace.
ANALYSIS
The Utilities Department is proposing that Macho Products construct
the Master -planned lift station for this area, as well as a water
main and force main, which will become part of the ultimate
assessment project for 102nd Terrace (see Exhibit B of the
developer's agreement). The total project cost breakdown associated
with the Macho construction is as follows:
* Total estimated utility construction cost $192,539.00
* Macho portion of the ultimate assessment < 19,706.95 >
* County contribution to project $172,832.05
* All costs are based on preliminary estimates only.
In order to expedite commercial development in this area, we are
requesting approval of the attached negotiated developer's agreement
from the Board of County Commissioners. Quotes for the project
construction will be solicited from at least three contractors, and
E, VA
OCT 12 1993 eou 90 764
I
OCT 121993
BOOK 90 r -A -UE 765
the Utilities Department will approve the low quote prior to
commencement of the project. Funding for this project shall be from
Fund 471 (Account No. 471-000-104-029.00) until such time as it can
be recovered by assessment.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached developer's
agreement as presented.
Utility Services Director Pinto further explained that Macho's
portion of this project will be approximately $19,000. The County
will fund the remainder and will be reimbursed as development
occurs in that area. We will charge the same amount to developers
as they would be assessed if this were an assessment project, and
no permits will be granted unless the developers use the utilities.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the agreement with Macho Products, Inc., for
construction of a regional lift station, as set out
in staff's memorandum.
SAID AGREEMENT IS RECORDED IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY AND
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
WATER MAIN REPLACEMENT PROJECT NO. 3 - CASA RIO SUBDIVISION 10TH
PLACE, 7TH AVENUE AND 12TH STREET - CHANGE ORDER NO. 1 AND FINAL
PAY REQUEST
The Board reviewed memo from Utility Services Director Terry
Pinto dated September 30, 1993:
48
_I
i
DATE: SEPTEMBER 30, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO ice,,
FROM: TERRANCE G. PINTO /
DIRECTOR OF UTILIT ERVICES
PREPARED TERRY H. DRUM /
AND STAFFED ENVIRONMENTAL S'ECZALIST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER MAIN REPLACEMENT PROJECT NO. 3
CASA RIO SUBDIVISION, 10TH PLACE, 7TH AVENUE, AND
12TH STREET
WORK AUTHORIZATION NO. 12
INDIAN RIVER COUNTY PROJECT NO. UW -92 -18 -DS
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
BACKGROUND
Construction of the subject project has been completed, and the
contractor, Driveways, Inc., of Titusville, Florida, has made
application for final payment. The pay request includes an increase
of $7,217.83 as reflected on Change Order No. 1 (see attached).
The labor cost increase is due to: 1) a water line and double
service connection, including one (1) jack and bore on 15th Place,
2) three (3) gate valves that were installed along 14th Place during
early morning hours so as not to inconvenience on-line customers,
and 3) an increase in the quantity of fittings used as compared to
the original estimate.
ANALYSIS
All Indian River County requirements have been met, and our testing
has been satisfactorily completed. The original labor contract
price was $46,070.38, and the final labor contract price is
$53,288.21, -which includes Change Order No. 1. The contractor has
previously been paid $37,377.58. This leaves a remaining balance of
$15,910.63.
The Department of Utility Services recommends approval of the
attached Change Order No. 1 and Final Pay Request of $15,910.63 as
payment in full of services rendered.
Commissioner Macht asked for an explanation of the
inconvenience factor, and Director Pinto explained that this is not
normal procedure but when we do replacement work and disturb the
water service, it is prudent to inconvenience the customers as
little as possible.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board unanimously approved
Change Order No. 1 and Final Pay Request in the
amount of $15,910.63 to Driveways, Inc., as
recommended by staff.
CHANGE ORDER AND FINAL PAY REQUEST
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
49
OCT 12 1993
BOOK L 766
OF
OCT
1993BOOK
90 PAVE
767
WATER MAIN REPLACEMENT -
16TH PLACE, 17TH AVENUE AND 10TH
STREET
CHANGE ORDER #1 AND FINAL PAY REQUEST
The Board reviewed memo from Utility Services Director Terry
Pinto dated September 30, 1993:
DATE: SEPTEMBER 30, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTr6� DIRECTOR OF UTILCES
PREPARED TERRY H. DRUM 1
AND STAFFED ENVIRONMENTAL SPELIST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER MAIN REPLACEMENT
16TH PLACE, 17TH AVENUE, AND 10TH STREET
WORK AUTHORIZATION NO. 8
INDIAN RIVER COUNTY PROJECT NO. UW -92 -39 -DS
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
BACKGROUND
Construction of the subject project has been completed, and the
contractor, Driveways, Inc., of Titusville, Florida, has made
application for final payment. The pay request includes an increase
of $3,177.25 as reflected on Change Order No. 1 (see attached).
The labor cost increase is due to: 1) the addition of 82 LF of
6 -inch PVC water line, three additional valves, the removal and/or
replacement of 28 meters, an increase in the quantity of asphalt,
and the number of fittings used as compared to the original
estimate.
ANALYSIS
All Indian River County requirements have been met, and our testing
has been satisfactorily completed. The original labor contract
price was $24,294.70, and the final labor contract price is
$27,471.95, which includes Change Order No. I. The contractor has
previously been paid $21,014.11. This leaves a remaining balance of
$6,457.84.
RECOMMENDATION
The Department of Utility Services recommends approval of the
attached Change Order No. 1 and Final Pay Request of $6,457.84 as
payment in full of services rendered.
50
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
Change Order No. 1 and Final Pay Request in the
amount of $6,457.84 to Driveways, Inc., as
recommended by staff.
CHANGE ORDER AND FINAL PAY REQUEST
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
APPROVAL OF OUT -OF -COUNTY TRAVEL FOR CLOSING ON GENERAL DEVELOPMENT
UTILITIES
County Attorney Charles Vitunac reported that a closing on the
purchase of General Development Utilities will be held in Miami in
the offices of their attorney and he requested authorization to
attend that closing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
out -of -county travel for the Chairman, County
Attorney and Utilities Services Director to attend
the closing on the purchase of General Development
Utilities (South County).
MEETING OF TREASURE COAST COUNCIL OF GOVERNMENTS
Commissioner Tippin reported that a meeting of Treasure Coast
Council of Governments will be held on November 3, 1993, at the
Pelican Yacht Club in Ft. Pierce, and all Commissioners are invited
to attend.
FORMATION OF AGRICULTURE ADVISORY COMMITTEE
The Board reviewed memo from Commissioner Adams dated October
6, 1993:
TO: Board of County Commissioners
FROM: Fran B. Adams, County Commissioner IZZZ�
RE: Formation of an Agriculture Advisory Committee
DATE: October 6, 1993
Please review the attached Resolution. We have had several
incidents come up in the past year where this committee could
have served as a good sounding board for us. I think, as
important as the agriculture industry is in Indian River County,
it would behoove us to have an advisory committee.
I suggest that we advertise for interested parties to submit
resumes and then we can make appointments at a later date.
51
L.. -OCT 1 1993
BOOK �®
rOCT 12 1993
BOOK 90 Nt GE 769 7
Discussion ensued regarding the categories of representation
and the Board agreed the committee should consist of one member
from each of the following areas: cattle, citrus, vegetable,
irrigation, horticulture and two associated industries.
Commissioner Adams will serve as chairman to help the committee get
started or until the committee becomes autonomous and can select a
chairman. A staff secretary will take minutes.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-180, establishing an Agriculture
Advisory Committee.
RESOLUTION NO. 93-180
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING AN AGRICULTURE
ADVISORY COMMITTEE.
WHEREAS, agricultural operations are a major part of the
economy of Indian River County; and
WHEREAS, an important step in fostering agricultural growth in
Indian River County is the creation of an advisory committee to assist
the Board of County Commissioners concerning agricultural matters in
Indian River County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. ESTABLISHMENT.
The Indian River County Agriculture Advisory Committee is
hereby established.
2. MEMBERSHIP.
The Committee shall have seven voting members appointed by the
Board of County Commissioners. With one member from each of the
following areas: cattle, citrus, vegetable, irrigation, horticulture and
two associated industries.
3. TERM OF OFFICE.
The term of office shall be two years with three of the initial
appointments being one year.
52
4. POWERS AND DUTIES.
The Indian River County Agriculture Advisory Committee shall
have the power and duty to:
(a) consider and study the entire field of agriculture
including agricultural economic development with the main
focus being agriculture within Indian River County;
(b) advise the Board of County Commissioners at their
request or upon its own initiative, regarding the
promulgation, administration, and enforcement of all laws,
ordinances, and rules relating to agriculture;
(c) consider all matters submitted to it by the Board of
County Commissioners; and
(d) submit proposed legislation, ordinances and rules to
the Board of County Commissioners.
5. AGRICULTURE. For the purpose of this Commission the
term agriculture shall mean:
The science and art of production of plants and
animals useful to man, including to a variable extent, the
preparation of these products for man's use and their
disposal by marketing or otherwise and shall include
horticulture, floricultiure, viticulture, forestry, dairy,
livestock, poultry, bees and any and all forms of farm
products and farm production.
6. ADVISORY STATUS.
The Agricultural Advisory Committee shall be advisory only and
the members shall serve without compensation.
7. GENERAL PROVISIONS.
The provisions of Title 1, Chapter 103, relating to advisory
boards and commissions shall apply to this committee.
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
Md c h t , and, upon being put to a vote, the vote was as
follows:
Commissioner Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 12 day of October_, 1993.
Attest:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
-r
�.,_..! By
Jeffrey K. Barton, Clerk Richard N. Bird
P;1�i,.�.� _i (� U. k •('. Chairman
53
CT 12 1993 BOOK 90 F,�cF 770
BOOK UU PAGE / I i I
OUT OF COUNTY TRAVEL TO TALLAHASSEE - COMMISSIONER ADAMS
Commissioner Adams planned to meet with representatives of the
Division of Beaches and Shores on October 13, 1993. She described
it as a pre -permit meeting regarding the PEP reef. Since there
have been efforts to discourage and maybe undermine our project,
she viewed this meeting as an opportunity to communicate face to
face rather than over the telephone with the people who make
decisions in Tallahassee.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized out -of -county travel for Commissioner
Adams and staff to meet with the Division of Beaches
and Shores in Tallahassee on October 13, 1993.
SOLID WASTE DISPOSAL DISTRICT
The Chairman 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 10:32 a.m.
ATTEST:
(: � ay— , t >6 L -.'�
J. arton, Clerk R chard N. Bird, Chairman
54