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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, NOVEMBER 15, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman ( Dist. 4)
Kenneth R. Macht; Vice Chairman (Dist. 3)
Fran B. Adams ( Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9:00 A. M. 1. CALL TO ORDER PAGE
2. INVOCATION -
3. PLEDGE OF ALLEGIANCE - James E. Chandler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Item S. Addition - Presentation from Judge Sherman Smith.
Item 7.J. Deleted - Agreement with School District for Videotaping BCC
meetings.
Item 7.L. Addition to Consent Agenda - Bond for David Lord.
Item 12.A. Moved to 9.B., for public discussion, Application of Public Records
Law to Ad Valorem Tax Exemption Applications.
Item 13.C. Additibn - Report on Florida Association of Counties - Legislative
and Finance Committee Meetings.
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of September 27, 1994
7. CONSENT AGENDA
A. Received E Placed on File in Office of Clerk
to the Board:
Report of Convictions, October, 1994
B. Proclamation Declaring the Month of November,
1994 as National Adoption Month in I . R. C. , FL
C. Occupational License Taxes Collected During
Month of October
( memorandum dated November 7, 1994 )
D. Lease of County Property at Fairgrounds to
Indian River Soccer Association
( memorandum dated November 2, 1994 )
(continued from BCC meeting of 11/8/94)
E. Cancellation of Outstanding Taxes
Properties Purchased for County Use
(memorandum dated November 2, 1994)
F. Elevator Maintenance Contract #5016
( memorandum dated November 30-19941
7. CONSENT AGENDA (cont'd. ): PAGE
G. Appointment of Charles Wurmstedt by Town of
Indian River Shores to Represent the Town on
the Metropolitan Planning Organization
( letter dated November 8, 1994 )
H. Additional R -O -W Purchase / 27th Ave. / First
Church of the Nazarene
(memorandum dated November 4, 1994)
I. Release of Utility Liens
( memorandum dated November 8, 1994 )
J. Acceptance of Agreement Between Indian River
County and the School District - Videotaping
BCC Meetings
K. Accept Resignation of Barbara Power from IRC
Board of Zoning Adjustment
( letter dated November 2, 1994)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
Surveying Improvements for Pine Lake Estates,
an Unrecorded Subdivision
(memorandum dated November 7, 1994)
B. PUBLIC DISCUSSION ITEMS
None
10. COUNTY ADMINISTRATOR'S MATTERS
Courthouse Security
( backup provided separately)
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
.C. GENERAL SERVICES
I. Award RFP #5030 / Moving Contractor for
New Judicial Complex
(memorandum dated November 2, 1994)
2. Award Bid #4110 / So. County Sewer Pump
Station F Force Main
( memorandum dated November 7, 1994 )
3. Award Bid #5023 / Roseland Water Main,
Phase I V
(memorandum dated November 7, 1994)
D. LEISURE SERVICES
None
11. DEPARTMENTAL MATTERS (cont'd.): PAGE
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Professional Engineering Services Agree-
ment - 5th St. SW Between 20th Ave. and
27th Ave. - H.F. Lenz
( memorandum dated November 3, 1994 )
2. FIND Agreements - Round Island F, Environ-
mental Learning 'Center
( memorandum dated November 7, 1994 )
H. UTILITIES
County Grove Fruit Harvest
(memorandum dated November 7, 1994)
12. COUNTY ATTORNEY
A. Application of Public Records Law to Ad Valorem
Tax Exemption Applications
( memorandum dated November 3, 1994 )
B. Closed Circuit Video/Audio Transmission Project
for New Courthouse
( memorandum dated November 9, 1994 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
Appointment of Members to Form the Sesqui-
centennial Coordinating Committee for IRC
( letter dated October 20, 1994 )
(continued from meeting of 11/8/94)
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
PAGE
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, November 15, 1994
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, November 15,
1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth
R. Macht, Vice Chairman; Fran B. Adams; and Richard N. Bird.
Carolyn K. Eggert was in the hospital with a knee injury. Also
present were James E. Chandler, County Administrator; Charles P.
Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk.
F
The Chairman called the meeting to order and Administrator
Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Tippin requested the following:
• Move Item 12.A., Application of Public Records Law to Ad
Valorem Tax Exemption Applications, to 9.B. for public
discussion;
• Add to Consent Agenda Item 7.L., Bond for David Lord;
• Delete Item 7.J., Agreement with School District for
videotaping BCC meetings.
Commissioner Adams requested adding Item 13.C., Report on
Florida Association of Counties Legislative Policy and Finance
Committee meeting.
Commissioner Bird requested adding Item 5., Presentation from
Judge Sherman Smith.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) added (and
deleted) the above items to the Agenda.
Fi
November 15, 1994 BOOK W mgr 7'i
BOOK c) f'AGE'7 �4
RR 0al 111 `i01D1: U ENROI"
Judge Sherman Smith presented the Board with the speech
prepared by Judge L. B. Vocelle (who was unable to deliver it due
to recent surgery) for the Veteran's Day Parade and Courthouse
Opening Ceremonies, held November 11, and asked that it be made
part of the record and copies be made available to the public.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) approved making
the speech part of the permanent records of
the Board of County Commissioners.
EOR. CHAIRMAN TIPPIN, COLOSM AUSTIN. METERS OF THE CLEBOY,
PUBLIC OFFICIALS. FELLOW MEMBERS OF TEM JUDICIARY. MEMBERS OF
THE BAR,, OUR DISTINGUISHED GUESTS, FELLOW CITIZENS, FEUM
VETERANS.
HISTORY .TELLS DS THIS DAY NOVEMBER 11TH IS A DAY* OF
CELEBRATION, A DAY WHEREIN TIM WAR TO ERD ALL WARS WAS ITSELF
ENDED, AN ARMISTICE WAS SIGNED AND WORLD WAR I CAME TO AN PSD.
THIS DATE WAS SO DESIGNATED ARMISTICE DAY AND THE MORNING HM.
OF 11:00 BECAME A HOLY NOON BECAUSE IT WAS AT THAT NODE THAT
SITTER CONFLICT BRIED AND AS WAS STATER TO THE WORLD A WAR TO
END ALL WARS.
THS VETERANS OF TEAT WAR. WORLD WAS I. HONOR US WITH TIMM
PRESENCE TODAY. BUT HISTORY TELLS US THE END WAS HOT TO BE.
LESS IBM TERES. DECADES LATER THERE WOULD BE THOSE WHO WOULD
VIOLATE THE ROLE OF LAW AND INOSE TYRANNY ON OTHERS. THAT.
TYRANNY WOULD NOT AND DID NOT END. CHILDREN OF TMESE VETERANS
WERE TO RETURN TO T= SAME SOIL AND TO ENGAGE IN ANOTHER SIDODY
CONFLICT AND TO AGAIN RESTORE THE RULE OF LAW AND TO EMD
TYRANNY. AND SO ON THIS DATE. OVER SEVENTY-FIVE YEARS AGO AN
ARMISTICE TO END ALL WARS WAS ENTERED, IT WAS NOT TO BE AND THE
VETERANS WE HON0R TODAY WHERE CALLED HNTO OTHER CONFLICTS AND SO
IT IS FITTING AND PROPER THAT OUR NATION STOP AND PAY IBM= TO
ALL OF THE VETERANS OF'THIS GREAT REPUBLIC AND WE DO SO AT THIS
HOUR.
FACE OF US AS VETERANS REPRESENTED A PARTICULAR MILITARY GD'PFIT.
NO A PARTICULAR ASSIGNMENT AND TOO MANY CONFLICTS, BATTLES AND
2
November 15, 1994
SCARS OF WAS. AND TO ALL OF US MEMORIES. MEMORIES OF SERVIIiO
TBROUC.HOUT TSE WORLD.
VETERANS SERVING THROUGHOUT THE WORLD.. NOT TO CONQUER =I TO
END TYRANNY AND TO LIBERATE THOSE WHO, BY DICTATE OF OTHERS. HAD
LOST THEIR FREEDOM AND LISERTIBSS.
I AN SEM7NDED OF A I= STORY ABOUT TIE LIBERATION OF THOSE FROM
BONDAGE. A FEW YEARS AGO A FRIMM OF MINE VISITED EUROPE, HE
HAD SEEM IS THE EUROPEAN THEATER AHD HE VISITED BECAUSE HE
WAHTP.D TO REFLECT THE MEMORIES OF THE PAST. HE VISITED THE
REACHES OF NORMAND3Y WHEN FIFTY YEARS AM THIS YEAR WE
CELEBRATED THE ALLIES LANDING TO LZSFSATE EUROPE FROM TYRANNY.
HE VISITED THE TOWN OF LWMMOUED, WHICH IS NESTED IN NORTHERN
EUROPE, BETWEEN BELGIUM, FRANCE AND GERMANY AND TO THE NORTHWEST
OF THAT CITY LAY AN AMERICAN CE[ETFEY. MOST OF TNM MEN BURIED
THERE GAVE THEIR LIVES IN THE BATTLE OF THE BULGE AND AS HE
ENTERED IT WAS IMMACULATE. GRASS NEATLY NO=. GRAVES NEATLY
MARKED LISTING THE NAME. RANK AND SERIAL LUTHER, DATE OF DRAIN
OF THOSE AMERICAN SOLDIERS LYING BENEATH TAE SOD AND AS HE
GLANCED ACROSS THE GRAVES HE COULD SFS CROSSES MID AN OCCASIONAL.
STAR OF DAVID. HE SAID THEA: WAS A LOW RISE AND OH TOP OF THAT A
HIGH RISS VMM HE SAW A GROUP OF PEOPLE ALL ELDERLY. MANY IN
VXMX HAIBS, MANY USING CANES AND AS HE APPROACHED HE SAW THAT
TERY WERE LAYING BEAUTIFUL FLOWERS MDI WREATHS AND THEY GATHERED
AROUND A PARTICULAR GRAVE MID AS HE APPROACHED HE SAW THE GRAVE
OF GEORGE S. PATTON, C@OWMM OF TBS THIRD ARMY. MARRED WITS A
SIMPLE CROSS AND REST= EMWATE THE SOIL WITH HIS MEN. HE ASKED
THE CURATOR WHAT THESE PEOPLE WEBS DOING THAT WERE GATHERED
THERE AND 1IU6 CURATOR REPLIED. 'SIR. MMY COME Mm EVERY YEAR
THIS SAME TIME. THEY COME TO PAY THE18 RESPECTS TO GENERAL
PATTMP .AND TO HIS MEN WHO LIRBRATSD THEW FROM DAM ON APRIL
29. 1945. TIM AMERICANS swarm LISSBAT80 TER NAZI
CONCENTRATIONS CAVO' IN DACHAU. GERIANT WHERE TEN OF THOUSANDS
OF MEN..WOMEN ,AND —UREH WERE TA14+F BY THE NAZIS TO BE
TORTURED TO BE STAR= TO BE.BEAT= AND TO HE MUBDEBFO SIMPLY
BECAUSE THEY WERE JEWS AND COULD NOT BR MEMBER8 OF TRE MASTER
RACE. IT IS HARD TO INAGINE SUCK HORRORS WOULD TARE PLACE. BUT
WE KNOW THAT IT WAS TRUE. TROSR SURVIVORS THROUGHOUT` TBR MANY
YEARS PLACING WREATHS OH MM GRAVES OF THE AMERICAN SOLDIERS WHO
NAD LIBERATED THE FROM THE CONCENTRATION CAMP AND SO WE ARE
HERE TODAY TO PAY RESPECTS TO THESE NEN AND WOMEN, AND TRE
VETERANS OF THESE UNITED STATES WHO BY THEIR SACRIFICE AND MANY
BY THESE SUPREME SACRIFICE WHO NAVR SERVED FORTH$ PRESERVATION
OF THE LIBERTIES AND RED TYRANNY THROUGH= TRE WORLD.
VETERANS OF AMERICA WE SALUTE YOU - AND IT IS ON THIS DAY PROPER
MAT WE RECALL THE HISTORY•OF VETERANS, THOSE WHO HAVE SERVED
AND TO THOSE WHO HAVE MARCHED THE FREEDOM TEAR.
THE SPIRIT OF TBR AMERICAN VETERANS AND THE MARCH OF THE FREEDOM
TRAIL COULD HAVE EASILY BEGUN IN BOSTON'S HARBOR IN THE SPRING
OF 1774, WHERE PAUL REVERE HAD TO FEUD HIS HORSE FORTY MILES
THROUGH SWAMP AND RUGGED TERRAIN TO WARN THS COLONIST THAT TEE
RED COATS WHERE CONING. OUR FORE FATHERS HAD LEFT TTEIR HOMES
AND MOVED TO A NEW WORLD SEEKING FREEDOM AND THE RIGHT TO GOVERN
THEMSELVES AND THIS LIZEM WAS BEING ATTACKED AND THEIR
FREEDOM ENDANGERED. THOSE PATRIOTS STOOD AT THE RR=GE AT
CONCORD AND STOOD AT LEXINGTON AND IF WE CAN LISTEN TO THE VOICE
OF HISTORY WE CAN BEAR TRS SHOT THAT WAS NF.ARD AROUND TRE WORLD.
•WE HONOR THOSE PATRIOTS AT IIIS HOUR. '
,OVER 200 YEARS AGO IN A SMALL VIIJAGE IN VIRGINIA. COLONIAL
-XILL►AMSBURG. .OUR FELLOW CODMTRYMEX AND PATRIOTS MET TO END
TYRANNY AND OPPRESSION AND TBE SEEDS OF THE AMERICAN REVOLUTION
.WERE PLANTED AND IF WE CAN LISTER INTO 72M PAST WE CAN HEAR THE
,IIUMDRTAL WORDS. -GIVE ME LEEM7Y OR GIVE HE DEATH". WE HONOR
-*THOSE PATRIOTS THAT FOUGHT AT VALLEY FORGE AND OUR REVOLUTIONARY
WAR TO PROCLAIM THAT LIBER=.
:A MEW NATION WAS TO BE BORN AND SEVERAL YEARS LATER MEN OF
COURAGE, MEN OF GOD, PROCLAIMED TBR BLESSINGS OF LIBERTY TO
OURSELVES AND DID ORDAIN AND ESTABLISH THE CONSTITUTION OF THESE
UNITED STATED. GEORGE WASHINGTON TOOK THE OATH OF OFFICE AS TBR
FIRST PRESIDENT, A LEADER OF A NEW NATION. A NATION BORN ON THE
PRINCIPALS OF TRE DIGNITY OF MAN, CONCEIVED ON THE DECLARATION
THAT KLINDLSD THE SPIRIT OF THE AMERICAN REVOLUTION, THAT ALL MEN
An CREATED EQUAL WITH INALIENABLE RIGHTS, A CONSTITUTION
CREATING A NATION OF LAW, NOT MEN, A NATION BORN BY THOSE
SEM1M FREEDOM.
SO IT MAYBE COINCIDENTAL BUT HOW FITTING AND PROPER THAT WE
CELEBRATE AND THAT WE DEDICATE THIS BEAUTIFUL BUILDING THIS DAY,
NOVEMBER 11TH, VETERAN'S DAY FOR TIM SACRIFICES MADE BY TBS
MEN AND WOMEN WE HONOR THIS DAY GIVE TRUE MEANING TO WHAT THIS
BUILDING REPRESENTS. A NATION OF LAW, NOT MEM AND TO THOSE THAT
ENTER HERE, NO ONE IS ABOVE THE LAW AND ALL ARE EQUAL BEFORE.
LT.
AS YOD ENTER ncro THIS BEAUTIFUL BUILDING LST OS RECALL THE
PICTURE OF THAT LADY WHO WILL GUARD ITS ENTRY. A LADY
BEAUTIFULLY DRESSED. STANDING ERECT WITH ARMS STRETCHRL WITH THE
SCALES OF JUSTICE, AND SHE IS SLIlIDFOLDED. SHE IS BLIND TO
THOSE THAT ESTER. FOR SHE WILL KNOW NO RACE, SHE WILL KNOW NO
BSLIGION, NO MIX, NO -RATIONAL ORIGIN. NO ECONOMIC STATUS.. NO
AGE. NO HANDICAP. HER WILL CUM THIS BUILDING SO THOSE THAT
ENTER WILL RECEIVE HOTS LESS NOR NOTHING MORE THAN EQUAL
JUSTICE UNDER LAW. LIKEWISE, an FINE LADY OF JUSTICE WILL
REMIND mum OF DS WHO WORK HERE OF OUR DUTIES AND OUR
EESPGHSIDISSTffi. TO THE JUDGES SES WILL US OF OUR GATES
TO BE FAITHFUL TO THE LAW AND TO THE CONSTITUTION AND TO BE
PATIENT AND DIGNIFIED AND COURTEOUS TO ALL LITIGANTS. JURORS,
WITNESSES, LAWYERS AND ALL WHO WE DEAL WITH. SHE WILL REMIND
OFFICERS OF THE COURT. TIM LAWYERS OF YOM GAIN TO SUPPORT AND
DEFEND THE COHSTITOT'XON OF THESE UNITED SLATES AND THIS STATE
AND TO BE CONSISTENT WI'r8 TIM AND BUNCH. FOR THOSE THAT ENTER,
OUR FORE FATHERS SO GRACIOUSLY EMBEDDED WITHIN THE DECLARATION
RIGHTS OF OUR CONSTITUTION THAT THIS EOILDINC SHALL BE OPEN TO
EVERY PERSON FOR BEGBESE OF ANY INJURY AND JUSTICE SEALS BE
A24MSMM WITHOUT SALE, DENIAL OR DELAY.
FOR THOSE THAT ENTER, THIS IS YOUR BUILDING. THIS IS MORE THAN
A COURTHOUSE, THIS IS THE PEOPLE'S HOUSE AND AS WE DEDICATE
THIS BUILDING, I AN REMINDED OF AN OLD STORY WHICH MANY OF YOU
MAY HEARD AND I THINK WORTH REPEATING ON THIS
OCCASION.
A WORKER IS LAYING STONE ON A BUILDING WHICH IS UNDRE
CONSTRUCTION AND A PASSERBY STOPS AND SEES THE WORKER AND HE
SAYS TO LIN. "WHAT ARE YOU 11013137" AND TIM STONE LAYER STOPS
AND LOOKS AT MM PASSERBY AND HE GRACIOUSLY LOOKS UIP TO TME
EMPTR SET AND HE LOOKS RACE TO THE PERSON AND HE SAYS. 'CAN'T
YOU SEE. CAN'T YOU SER, I AN RE[ ING TO BUILD A CATHEDRAL".
AND ON THIS DAY TO THOSE ASSEMBLED. THOSE WHO HAVE TOILED TO
MAK$ THIS BUILDING POSSIBLE. AS WR cumRATR AND DEDICATE THIS
BEAUTIFUL BUILDING, YOU CAN ASE, WHAT MAS SEEN BUILT! WE CAN
ALL STEP HACK TOGETHER AND LOOK AT THIS BUMI NG AND WE CAN
LOOK IIP INTO THE SKY AND WE CAN SHE THAT LADY OF JUSTICE.
BEAUTIFUL AS SUM IS. STRETCHED OUT INTO HER ARKS THE SCALE OF
JUSTICE, BLINDFOLDED AND SEEING US AS ONE PEOPLE COMMITTED TO A
NATION OF LAW NOT MEN AND AS SHE SPEAKS SHS WOULD SAY TO EACH
OF IIS. "CAN'T YOU SEE, CAN'T YOU SEE. YOU HAVE A TEMPLE OF
JUSTICE."
Commissioner Bird thanked Judge Smith on behalf of the Board
for very ably filling in at the ceremonies.
Judge Smith expressed his pleasure and congratulated the Board
on the magnificent new courthouse. He advised that Attorney Eugene
O'Neill has written, at the request of the Bar, an accurate history
of the courts and judicial system in Indian River County.
3
November 15, 1994
BOOK 93 PACE1 3'
Boa b, �',Ao;4. 7 1/'4_
PRAYERS AND CONCERN FOR CON[AMSIONER EGGERT
Chairman Tippin expressed the concern and prayers of the Board
for fellow Commissioner Carolyn Eggert who experienced a serious
fall on Saturday and required surgery. She will probably be
hospitalized the rest of the week, and then rehabilitation will be
necessary.
APPROVAL OF NIINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of September 27, 1994. There
were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously
approved (4-0, Commissioner Eggert absent) the
Minutes of the Regular Meeting of September
27, 1994, as written.
CONSENT AGENDA
Commissioner Adams requested Item 7.D. be removed for
discussion.
A. Report of Convictions
Report of Convictions for October, 1994, received and placed
on file in the office of the Clerk to the Board.
4
November 15, 1994
B. Proclamation - National Adoption Month - -
PROCLAMATION
DECLARING THE IMDNTS OF NOVMMBHR, 1994
AS NATIONAL ADOPTION NINTH IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, all children need the love, support and stability
of . a family; and _
WHEREAS, in the State of Florida, 9,284 children are living
in substitute care away from their families of birth; and
WHEREAS, 1,449 of these children will not return to their
birth families and are in need of a loving, caring adoptive
family; and
WSEREAS,'nearly all of these children have special needs;
emotional, physical. or mental disabilities, must be -placed as a
sibling group, are of a minority race or are older; and
WHEREAS,.. in 1993, there were 1,306 Florida children with
special needs placed into adoptive families; and
WHEREAS, it has been proven that there are indeed families
able and willing to adopt children with special needs; and
WHEREAS, children waiting for adoptive parents and families
who have adopted these children require and deserve community and
public agency support to sustain their adoptions:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
CONIlMIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that November, 1994
be designated as
NATIONAL ADOPTION MONTH
in Indian. River 'County, Florida, and the Board encourages
celebrations of families built through; adoption and increased
awareness of the needs of children still waiting for permanent
homes.
Adopted this 15 day of November, 1994.
F
BOARD OF COUNTY CON.MIISSIONER
INDIAN RIVER COUNTY, FLORIDA
Johtk, W. ippin, ftaftman
November 15, 1994 BOOK �hL 10
BOOK FA._4 l�
C. Occupational License Taxes Collected During October
The Board reviewed the following memo dated November 7, 1994:
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collect
SUBJECT: Occupational Licenses 0
DATE: November 7, 1994
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $20,028.94 was collected in occupational license taxes
during the month of October, representing the issuance of 781
licenses.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) accepted the
report.
D. Lease of County Property at Fairgrounds to Indian River Soccer
Association
Public Works Director Jim Davis reviewed the following
memo dated November 2, 1994:
TO: Board of County Commissioners
/-
FROM: Lea R. Keller, CLA, County Attorney's Office
THRO: Charles P. Vitunac, County Attorney
DATE: November 2, 1994
RE: Lease of County Property at Fairgrounds
to Indian River Soccer Association
At the October 18, 1994, meeting of the Board of County Commissioners the
Board conceptually approved the County leasing some property located at
Hobart Park for a soccer field complex. Therefore, attached are a lease and
a resolution that it is necessary for the Chairman of the Board of County
Commissioners to sign.
The County Engineering Department has furnished an aerial view delineating
the location where the proposed lease site is in relation to the rest of the
Fairgrounds property.
Requested Action:
resolution and lease.
November 15, 1994
Board authorize the Chairman _to sign the attached
6
Director Davis pointed out the area -to be leased is located on
the western portion of the Fairgrounds site, outside the fenced
area for the midway, near the area leased by AirMasters.
Commissioner Adams expressed concern about losing some parking
space for the Fairgrounds, but felt the soccer site would not
infringe on the Fairgrounds staging area. She also was concerned
about sufficient parking for the soccer games and asked for signage
prohibiting parking in the area leased by the model airplane club.
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Bird, to adopt
Resolution 94-147 and approve the lease of
County property at the Fairgrounds to Indian
River Soccer Association, a not-for-profit
organization, for 20 years at $200 per year.
Following discussion, Commissioner Adams asked who would make
the decision -for use of the leased area in an emergency, and County
Attorney Vitunac replied it would be Emergency Services Director
Doug Wright. Commissioner Adams asked for removal of a sentence:
"COUNTY will make full use of other available properties and will
use leased property only if necessary. 11 County Attorney Vitunac
stated it would not be a problem and the language had been put in
to allay their concerns; it would not be used by the County unless
it was really necessary.
THE CHAIRMAN CALLED FOR THE QUESTION. The
motion was voted on and carried unanimously.
(4-0, Commissioner Eggert absent)
LEASE AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
RESOLUTION NO. 94- 147
A •RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING A LEASE OF COUNTY
PROPERTY TO THE INDIAN RIVER SOCCER
ASSOCIATION, A NOT-FOR-PROFIT ORGANI-
ZATION.
WHEREAS, the County is the owner of an approximately 160 -acre
parcel of land located west of Kings Highway and north of Hobart
Road known- as the Indian River County Fairgrounds property within
Hobart Park; and
7
November 15, 1994 BOOK P,tiuE 7 7
BOOK (id3 FACUk 778
RESOLUTION NO. 94- 147
WHEREAS, the Indian River Soccer Association (IRSA) has a
present need for property on which to construct soccer fields and
related facilities for the use of the soccer participants in Indian River
County; and
WHEREAS, the County believes that leasing part of this property
on a long-term basis to IRSA would be in the public interest by
providing a useful amenity for the recreational enjoyment of all soccer
enthusiasts in Indian River County; and
WHEREAS, this resolution is required by Section 125.38, F. S . ,
NOW, _ THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. The foregoing recitals are affirmed and ratified in their
entirety.
2. The County shall lease the property described in the
attached lease for a period of 20 years with a renewal of -20 years at
a rental of Two Hundred dollars ($200.00) per year.
3. The leased premises shall be used by Indian River Soccer
Association, a Florida not-for-profit corporation, for soccer and
related facilities only.
This resolution was moved for adoption by Commissioner
Adams and the motion was seconded by Commissioner
Bi rd , and, upon being put to a vote, the vote was as
follows:
Chairman John W. Tippin A y e
Vice Chairman Kenneth R. Macht A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
Commissioner Fran B. Adams A y e
The Chairman thereupon declared the resolution duly passed and
adopted this 15 day of November , 1994.
Attest:
ff ey K . ton, Clerk
November 15, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
J,o n '. Tippin
,chairman
8
E. Cancellation of Outstanding Taxes -
The Board reviewed the following memo dated November 2, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
�.
FROM: �. Keller, CLA, County Attorney's Office
TBRU: Charles P. Vitunac, County Attorney
DATE: November 2, 1994
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tau
Collector and the Property Appraiser.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired. -
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) adopted
Resolutions 94-148 and 94-149 cancelling
certain delinquent taxes upon publicly -owned
lands.
W
November 15, 1994 BOOK PAG c �`
BOOK
(r --Load term ) 1 1/ 2 /94 (retie\taxes) Vk 144
Res R/W - Oslo Road & 58th Avenue (Parcel 101)
Portions of Parcels #20-33-39-00001-0150-00001.1
and i20 -33 -39 -00001 -0090 -00001.1 -Laurel Builders, Inc.
RESOLUTION NO. 94-148
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TARES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by 'any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted] and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S./
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 1038, Page 253, which was recently acquired by
Indian River County for right of way purposes on Oslo Road at 58th
Avenue, are hereby cancelled, pursuant to the authority- of section
196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of .this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Bird . and
the motion was seconded by Commissioner Macht , and, upon being put to a
vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 15thday of November , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A, - I
By
hairman
clerk Ac,6 h n W. T i p p i nj
Cl•�,
Atta ent: Copy of Recorded Warranty Deed
10 _
November 15, 1994
(roviasd lor.n) 11/2/94(r�ao\taxaa)VM.146
Rea R/W - Oslo Road a 58th Avenue (Parcel 101-B)
Portion of Parcel #20-33-39-00001-0150-00001.1
Laurel Builders, Inc.
RESOLUTION NO. 94-_149
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted] and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered,t and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.t
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 1038, Page 255, which was recently acquired by
Indian River County for right of way purposes on Oslo Road at 58th
Avenue, are hereby cancelled, pursuant to the authority of section
196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Bird , and
the motion was seconded by Commissioner Macht , and, upon being put to a
vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 15th day of November , 1994.
-BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attests
By/ /
r�
Chairma
f
Clerk I f Ohn W. Tippin
Atta eats Copy of Recorded Warranty Deed
11
November 15, 1994 BOOK
BOOK b3 FA,L `7S2
F. Elevator Maintenance Contract, Bid #5016
The Board reviewed the following memo dated November 3, 1994:
TO: James Chandler
County Administrator
TBRU: B.T. "Sonny" Dean, Director
Department of General Services
FROM: Lynn Williams, Superintendent
Buildings & Grounds
DATE: November 3, 1994
SUBJECT: Elevator Maintenance Contract #5016
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
At the October 25, 1994 meeting of the Board of County
Commissioners, the Elevator Maintenance Agreement (Bid #5016) was
awarded to Miami Elevator. The attached contract documents are for
approval and signature.
RECOMMENDATION AND FUNDING:
Staff recocmmends approval of the contract to Miami Elevator.
Funding from Building & Grounds Division 001-220-519-033.49, Other
Contractural Services.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
three-year elevator maintenance agreement with
Miami Elevator Company for $746 per month.
MAINTENANCE AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
G. Appointment of Charles Wurmstedt by Town of Indian River Shores to
the Metropolitan Planning Organization
The Board reviewed the following letter dated November 8,
1994:
12
November 15, 1994
TOWN OF INDIAN RIVER --SHORES
6001 NORTH A -1-A, INDIAN RIVER SHORES, FLORIDA 32903
(407) 231.1771 FAX (407) 231-4349
November 0. 1994
ONAVOM
ROM A somm
V08 MAYOR: Indian River County Commioners
0"""'0~84"w1840 28th St
ppVPICIIJ Voris Beach, Fla. 32960
6e01111"AN IML
VAMA &HWA ON Deur Chairman=
AINAGUILW41
TIMMAM0111p This is to advise you that the Town of Indian River Shores
am Me, so Town Council, at'their regular Town Council meeting on October
27, 1994, appointed Charles Wurmstedt to represent the Town
an the Metropolitan Planning Organisation (MPO) effective
November 23, 1994. Mayor Robert Schoen's resignation becomes
rffaative November 22, 1994.
Sincerely,
6-4 6
Virgi2a L. Gilbert
Town Glark /Treasurer
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously
approved (4-0, Commissioner Eggert absent) the
appointment of Charles Wurmstedt to represent
the Town of Indian River Shores on the
Metropolitan Planning Organization.
H. Additional Right of Way Purchase / 27th Avenue / First Church of the
Nazarene
The Board reviewed the following memo dated November 4, 1994:
Tot
THROUGH:
FROM:
James E. Chandler
County Administrator
James W. Davis, P.E.
Public Works Director
AND
Roger D. Cain, P.E.
County Engineer
Donald G. Finney, SRi_
County Right -of -Way Agent
CONSENT AGENDA
SUBJECT: Additional Right-of-way; 27th Avenue, First Church of the
Nazarene
DATE: November 4, 1994
13
enr R -
November 15, 1994 BOOK pn,
BOOK W F,iGL 184
DESCRIPTION AND CONDITIONS
The church has a site plan pending for remodeling and new
building construction. Twenty five feet of additional right-of-
way is needed on the east' side of 27th Avenue (north of 12th
Street) for future widening improvements.
The additional right-of-way parcel, is 25' wide and 15'wide
totaling 8,815 square feet (see sketch attached). The county
offered to purchase the right-of-way parcel for $4,407.50 which
is $.50 per square foot.
The Church Board has agreed to sell the parcel and the Pastor
signed the Contract For Sale and Purchase for $4,407.50.This
figure appears reasonable based on recent other purchases of
residentially zoned properties.
In addition the church has agreed by letter to reimburse the
county $3,420 for sidewalks and turn the sidewalks over to the
county. There are no attorneys or appraisal fees.
RECOMMENDATION
Staff requests the Board accept the $4,407.50 contract and direct
the Chairman to execute the contract on the Board's behalf.
� b-
Fundinq is available in Traffic Impact Fee Account No. 101-155-
541-067.52.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
purchase of 25' of additional right-of-way on
the east side of 27th Avenue for $4,407.50,
from First Church of the Nazarene, as
recommended by staff.
CONTRACT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
14
November 15, 1994
I. Release of Utility Liens
The Board reviewed the following memo dated November 8, 1994:
TOt BOARD OF COUNTY COMMISSIONERS
FROM: Sandy Wright, County Attorney's Office 7'
DATES November 8, 1994
RES RELEASE OF UTILITY LIENS
The attached lien releasee are in proper form for the Board of
County commissioners to authorise the Chairman to sign so that they
can be recorded.. The names and projects are:
1.
Lone Palm Park Water Prosect
EDMISTEN
2.
Phase I Water Proiect
CARBO
LAIRD
3.
Phase III Water Project
ANDREWS
MACY
ARDEESER
MADDOX (2)
BOWMAN
MCCARTHY
BRATCHER
MCELROY
CARLSON (3)
MCLEIGH
CHILDERS
MILLER (3)
GELFO (2)
MORRIS
GIPSON
NICHOLAS
GRAVES
NYQUIST
HALL
ORNOFF
HALL
OWENS
HUSTON (2)
PURDY
LAMP
SHAMBORA
LLERENA
SINCENNES
LLOYD
SYLVESTER
TAYLOR (2)
WALSH
WILLIAMS (2)
WONKA (3)
4.
Phase V Water Project
ANDERSON
MAb WILLIAM
REESER
5.
Royal Poinciana Project
WETZEL
6.
Satisfaction/Payment of Existing
Impact Fees
BUCKNER
KREIMEIER
BUCKNER
LIEBEGOTT
POTTS/HAWKINS
VOZEL
Back-up in on file with the County Attorney's office
15
November 15, 1994 BOOK U(3 PA(,k 8
BOOK Ll
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
Releases of Utility Liens as recommended by
staff.
T. Acceptance of Agreement with the School District of Indian River
County - Videotaping BCC Meetings
Deleted from agenda. (Postponed for about a week)
K. Resignation of Barbara Power from IRC Board of Zoning Adjustment
The Board reviewed the following letter dated November 2,
1994:
LAW OFFICES OF
BOGOSIAN & POWER
CHARTERED
2041 FOURTEENTH AVENUE
VERO BEACH. FLORIDA 32960
RICHARD P. BOGOSIAN•
BARBARA S. POWER
*ADMITTED IN MASSACHUSETTS November 2. 1994
AND FLORIDA
Honorable John W. Tippin,
Chairman
Board of County Commissioners
1840 - 25th St.
Vero Beach, FL 32960
Dear Mr. Tippin:
TELEPHONE: (407)'.567.3400
FACSIMILE: (407) 776-2948
OF COUNSEL
DEBRA M. SMITH
Please accept this letter as my formal resignation from the Indian
River County Board of Zoning Adjustment. It has been a pleasure to
serve these past six years and I extend my thanks to the board for.
allowing me this opportunity.
Sincerely,
VAIL,-O�' �.
Barbara B. Power
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert -absent) accepted the
resignation of Barbara Power from the Board of
Zoning Adjustment.
16
November 15, 1994
L. Bond - David C. Lord, Trustee, Indian River County Hospital District
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
Surety Bond for David C. Lord, Trustee, Indian
River County Hospital District.
BOND ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PUBLIC HEARING - CONFIRAUNG ASSESSMENT ROLL FOR
SURVEYING D IPROVEMENTS FOR PINE LAKE ESTATES
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
WW INACH PRI S&JOURNAL
Published Deny
Vero Beech. Indian Bluer County. Fiend.
¢OUNTY OF INDIAN RIVER STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. Vitro an oath
Wye that he 18 Busumss, Manager of the Vero Beach PMS Janmal. a daily newspaper publishes
at Vero Beach In Indian Rhror County. FkftW that the attached copy of adverfiseffieRL being
Wa
Fnthematterof ' T' 3
Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at
Vero Beach, in said Indian River County. Florida, and that the said newspaper has, heretofore
been continuously publishetl In said Indian River County. Ficride, seen deny and hal been
entered all secab clam mail matter at the post office in Vero Beach• in said IMan Rhror Coat-
ty. Florida, fora period of one yea n eid preceding the Brat publication of the attached copy of
alvertimmant and afflant further says that he has neither paid nor promised any person, firm
Or corporation any discount, reflate. commieaiern err refund for the purpose of securing this
edvertlsanent for publication in the said newspaper.
.....r.......
M00
QThB,er�iw;oribed =fore day of a 18
j 0z. w,1 q� . t
? COmm. Ewp rco mel
L111029, 198 . c BARBARA G SPRAGUE. NOTARY Paan:.
Ya CCJppp .o .t
lSlfA�,l,� l w^ ream. GCs,es72 ✓y
PiWerlry !r
ISARSARA ..PRAGUE ,S
17
November 15, 1994
.-WHIMS . to Bose of Courtly Conidiasiarara
Of 1111111111h ft- C" hes by Rusak ltin Na 135,
hrs of to aft>ara of the 0" std psiffol ry in
to those Wft kh
to sea described and owning property within
meta mesonaft emtl�, M aneyig maore•
ad
WHEREAS, ole Board Cordy Opriltd4yotters
his caused an aasassrwif rot to be o. F,,md will
Bee win the Clerk to the Board; and
Coes. recltus � � Indian f- Co rdyy Oyer is.
Hansa ahal er a doe ad piece at tdich the dor►
pa s of the prapatles to be assessed or any cher
Bose d Ca�mr�imet�6 end be had as m
a h. to am ee mars m acid prop
Mine tlhsetor, ane as
aasryFpW to be mseusee agatnt each prop -
IT RJ3OI.VW By' TW
BOARD OF COWW ion �OF µ
MN RIVER COILINN, RnFM , as (oboe
1 Coucion cdan" in Mail
�almAreAday a Me Cordy
a1 do
199Chour of 9z; at which Oft gado esc�ars �
the pcpsdaa to, be assessed ant dry acow
be
-Y Cat kW-
a d d Arsons appear lae dd
said popsny. The am
imP roves end the propertard be heard in regard fopaupm berhWHtetl ae
=0 PWOUMV assessment
IIS daunted with regard to the spe.
2 Al prier itseale0 in to dmebueton of Will
Yrnprowsnsna ad the special asses against
the pnlparbea sPft* 1 - may review to
Ito asses be
sawn� plan so fospecfimb for
twat= Of thBQ to the Bwd awry
W" day from &W A.M. natal &W P.M.
3 Notice govfe the fire and pleceaof tis pubs, heai4
two p�ii>bfltlpreM tn1etbgD t� WOft by
ISSlournil
NawapaM a week Wpart. The Ian pnbication 9W
iYbreL atTiWill ons wash prior to to date of the hear-
V(arke shaslgo the aRiver . of �t prspiet OWWbneM to be
Of SOf assm d at lent tan days setae n wring
firre and piece, which slat be Waved by,
maing a copy of Suit rhosae to each of Such pW
atY swears athis last krohm addis i.
The resolution was maid for adoption by Cam.
niseishs Eggert. ane to morin was seoaded by
ClwftQrir SK W ��nd. upon " put to a mm.
Churnanjohn
�ch�icto rhethR.lilechf Aye
CWWbWpnaFran B.Adana Aye
CMWftiorar Rar
icd N. Bird A
. 011111111113610118' Carolyn K Eggs" Aye
TheChb— 4`16011100 ed the rescutl
P=W and adopted ft w
t dal' of Ordaber,
BOARD OF CdgM
t eya+lahh W. A
Af..
-aJJL Baleen, Clsk
No. .1 t 13B Q.O.C. 1145MI
BOOK b3 PAL n� 0'
VERO BEACN PRESS -JOURNAL
Published Dally
Vere Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
eaya that he M Business Manager of the Vero Beach PmeaJoumal, a dally newspaper publialred
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
M the Court. was pub-
L---- -
ub- paperin the Issues ofA_r//ln // /99w
�"Allianl blither says that the sold Vero Beach Press•Joumal Is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper hes heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mall matter at the post office In Vero Beach, M said Indian River Coun-
ty, Florida, for a period of One year next preceding the first publication of the attached copy of
advertisement; and affiant further says that its has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication
In the said newspaper.
^Oo4i%N }1V ` me day ofD. 19 01I
/t 1._. - 't•nt_ r -
My comm. Expires ;" BARBARA r, qMAGirr.. isnTAny rum r,.
Mark""
Jure 29,1997 Smad flloeNa. to Canmmam t . .mm za. ,9l7
� � u,mi.,..k.cookRrz
k'9��„FOFP��a`••', aaxd: NeharrBAPo1ARAaSPRAGIM
BOOK F'*u ^f 88
a Public
am C
s been
and ft
WHEREAS. fs tpacal assessment provided her-
euder. W theareaffWb=
kawher of prapaty
WN be h andred ppearcc��tt
(I W%) Of tieof lheeof s�prad�ertA1700.00)
which ft runber of late owrad ffhhee 99hM
tears to the tab nuMer of bia within the areas
spscal asseearhhant and benne
a} and
payable at the Office of the Tax Collip"
and a Rdeler tla�onFar (Macy rhYheiy (g0► days after
WsImu-
end to Section 208.08. Rus h Cotle
WHEREAS any special not paid
*01111 SM 44 MM day period shall bear
beyond the due date at a We aNabeathed by the
Board o1 Casdy Cammiasbnas at the Erle 01
payable in two �YhslMms .gu �� be
Mede tw" ( be
1 rhhonta nom the due dale and
a mo due yealt and
en 9 tat on nature ese ant
Me erhtkipe Board
haege of tk proposedalmprovar�.
tiger-
of
desaBhed prop7t�
wawa a direct �epedal bersit boon these h►
MizLSMatfnaaal W of the Southwest 'd of
Section 21. Toowawnhft 31 South. Raw 38
East �A D 1 the Northwest u of the, Noid
of Section 28,
Township 31 Saulh, Rage 38 East d
h badarl Rh2r Canty Florde. LESS
pmt-yhq ffL1n the dit-w ay of
Phe Lake Es>alu, Ihit 1. Unrecorded Sub-
ilbbion Late 1 tau 29, Mm* A. Lois 1 gat
29, Mock B; Lots 1 tau 29Boit C• Lots 1
tau 3s. Block D; Lots 1 &.013, Mock E;
Lots 1 tau 12. Block F; Lots i flit 12„
BlockQ Lots 1 tnk 24. Block It
Phe Lake Estates, Unit 1, O.R. SK 123,
1388141 Loft 1fru sM,Bb* J8
INC Lots Marked Park Area Block J 11 Lot
MarketiNOW ikOEP Ek. BE R RESOLVED BY THE
BOARD OF COUNTY CoheASWNEFlS OF IN.
DIAN RIVER COUNTY. FLORmA, a lcaows:
1. The pboo re tiele we go., d end retlfled
T" In dew em typic Lake
2. Ater 15 ihisto tare deslhereby- tpsp(ekpdygeQt Role VlakkPkol,
outlinedlSatahe and e/ Yaltsubjecttble r hirmsof
Clr�te+20B.etteq.kdakphaCaadyCade
slosh � w by �
The
was s(loor" b6Cmvtb*w Bird aid, upon
awrina"J"W.Tippin Aye
Kervialli R. Maft Aye
Cakr rd"bker Fran B. Admits Aye
Camrruiulo ro Rickard N. Bad Aye
COM1166brior Caro" K Eggert Aye
duhrie
Pr, and ado this of
1
BOARD OF COUNTY COIVDtO "fiM
FLORIDA"RUM RIVER COUNTY,
Attest By s,lahn W. ChsY
-W-K. Barton. Cleric
Nam 1 18�8{L Jeri. D.O. 1145019
County Engineer Roger Cain commented from the following memo
dated November 7, 1994:
November 15, 1994
18
M M
� � r
TO: James Chandler
County Adminishator
THROUGH: James W. Davis, P
Public Works Director
and
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile, C.E.T.
Civil Engineer
SUBJECT: Public Hearing for the Surveying Improvements for Pine Lake Estates an
Unrecorded Subdivision
DATE: November 7, 1994
On October 25, 1994, the Board of County Commissioners adopted Resolution No. 94-135
providing for certain surveying improvements to Pine Lake Estates an unrecorded subdivision. As
part of the effort to provide appropriate access to the lots in the unrecorded Pine Lake Estates
Subdivision, so that building permits may be legally issued for this subdivision
�the county agreed
to have certain tracts surveyed for use as right-of-way in the subdivision.
This was a Public Works Department initiated public improvement assessment in cooperation with
the property owners in the Pine Lake Estates area.
On October 25, 1994, the Board of County Commissioners adopted another Resolution 94-136
setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the
assessment against each property owner. This hearing is scheduled for November 15, 1994.
Staff recommends approval of the assessment roll, and confirming resolution with changes, if any,
made after input at the November 15, 1994 Public Hearing. Revised confirming resolution and
assessment roll will -be forwarded to the Chairman of the Board for signature. The Assessment Roll
and assessment plat are on file with the Clerk to the Board of the County Commissioner's office.
Mr. Cain reported that he recently met with several property
owners, responded to their questions, and discussed alternatives to
improve their roadways and drainage. He wanted to continue to work
with the residents on alternatives, with cost containment in mind,
and bring the ideas to the Board at a later date.
Commissioner Adams complimented staff and explained to those
in attendance that this was just a first step in the process.
19
November 15, 1994 BOOK UJ
PAuk 1
The Chairman opened the public hearing and asked if anyone
wished to be heard. There being none, he closed the public
hearing.
Mr. Cain announced that a list of the properties and owners
was available at the Engineering Department.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) approved the
assessment roll and adopted Resolution 94-150,
as recommended by staff.
Confirming (Third Reso.) 1/5/94(ENG)RES3.MAG\gfk
RESOLUTION NO. 94- 15 0
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE
ASSESSMENT ROLL FOR CERTAIN SURVEYING
IMPROVEMENTS TO PINE LAKE ESTATES AN
UNRECORDED SUBDIVISION.
WHEREAS, the Board of County Commissioners of Indian River County adopted
by Resolution No. 94-135, providing for certain surveying improvements to Pine Lake
Estates, an unrecorded subdivision; and
WHEREAS, said resolution described the manner in which said special assessments
shall be made and how said special assessments are to be paid; and
WHEREAS, the resolution was published as required by Section 206.06, Indian River
County Code; and
WHEREAS, the Board of County Commissioners of Indian River County passed
Resolution No. 94-136, on October 25, 1994, which set a time and place for a public hearing
at which the owners of the properties to be assessed and other interested persons would have
the chance to be heard as to any and all complaints as to said project and said special
assessments, and for the Board to act as required by Section 206.07, Indian River County
Code; and
WHEREAS, notice of the time and place of the public hearing was published in the
Vero Beach Press Journal Newspaper on November 1, 1994, and November 8, .1994, (twice
one week apart, and the last being at least one week prior to the hearing), as required by
Section 206.06, Indian River County Code; and
20
November 15, 1994
r
RESOLUTION NO. 94-15 0
WHEREAS, the land owners of record were mailed notices at least ten days prior to
the hearing, as required by Section 206.06, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River County on
Tuesda3� November 15. 1994, 9:05 A.M. conducted the public hearing with regard to the
special assessments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and rated in their entirety.
2. The special assessments shown on the attached assessment roll are hereby confirmed
and approved, and shall remain legal, valid, and binding first liens against the
properties assessed until paid in full.
3. The County will record the special assessments and this resolution, which describes
the properties assessed and the amounts of the special' assessments, on the public
records, which shall constitute prima facie evidence of the validity of the special
assessments.
The resolution was moved for adoption by Commissioner A d a m s , and the
motion was seconded by Commissioner. B i r d , and, upon being put to a vote, the vote
was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert A b s e n t
The Chairman thereupon declared the resolution duly passed and adopted this 15 t h day
of November , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Attest: I 1 V. TIPPIN,
I JEhairman
Je r Bqton, Clerk
Attachment: ASSESSMENT ROLL
01
November 15, 1994 BOOK W F'A"'L 7a
BOOK b F. I;L ��' 4
PUBLIC DISCUSSION ITEM - APPLICATION OF PUBLIC RECORDS
LAW TO AD VALOREM TAX EXEMPTION APPLICATIONS
(originally listed as 12.A.)
Assistant County Attorney Terry O'Brien reviewed the
memorandum dated November 3, 1994:
Toa Board of County Commissioneks
FROM: Terrence P. O'Brien, Assistant County Attorney elru
DATES November 3, 1994
RE: Application of Public Records law to Ad Valorem Tax
Exemption Applications
Background
At the November 1, 1994, regular meeting of the Board of County
Commissioners, Mr. Frank Zorc appeared before the Board for the second
time and urged the Board to take legal action against the Property
Appraiser for the disclosure of certain information required to be
submitted pursuant to Section 196.195, F.S., "Determining profit or
nonprofit status of applicant." The Board referred the matter to this
office for a legal analysis.
Under The Public Records Law, Chapter 119, F.S., all state, county, and
municipal records shall be open for personal inspection by any person
unless said records are presently provided by law to be confidential or
which are prohibited from being inspected by the public. It is the
position of the Property Appraiser, Mr. Nolte, that under Section
193.074, F.S., "all returns of property" are confidential pursuant to
Section 193.074, F.S. In support of his position, he submits the state
application for exemption which is entitled "Ad Valorem Tax Exemption
Application and Return" (copy attached). In addition, he cites Sec.
12D-1.005, F.A.C. These sections are not, in my mind, dispositive of
the issue.
It is the position of Mr. Zorc that the application submitted under
Section 196.195, F.S., "Determining profit or nonprofit status of
applicant" is not a "return of property" even though the application
form Includes the word "return."
Legal Analysis
Whether an application filed pursuant to Section 196.195, F.S., is a
"return of property" and hence subject to the confidentiality provisions
of Section 193.074, F.S., has not been judicially determined. What
constitutes a "return of property" was addressed in AGO #91-57 but all
It does is agree that there is confusion in that "the phrase 'return of
property'' is not defined in Chapter 193, F.S., or elsewhere is the
statutes. In the absence of any indication that the Legislature
intended this phrase to be used in some 'technical sense, the words
should be construed in their plain and ordinary sense. In light of the
foregoing, it in my opinion that the phrase 'return of property' is a
generic reference to a list, schedule, or inventory of property made by
a taxpayer and returned to the property appraiser for the purpose of tax
assessment."
The Attorney General precedes this with the caveat that it is the duty
of the Department of Revenue to develop rules which would settle this
problem. A call to the Department of Revenue to ascertain the status of
such an application was to say the least not helpful.
W,
November 15, 1994
- M M
Probable Viewpoint of the Entities Involved
Property Appraisers The Property Appraiser on advice of counsel has
determined that filings under Section 196.195, F.S., are confidential
under Section 193.074, F.S. There is authority to support this
position. once having taken this position and there has been no
Department of Revenue, statutory, or judicial position to the contrary,
the Property Appraiser is duty bound not to release this information.
Mr. Zorc: Mr. Zorc as a private citizen has a right to review all
public records not exempt from The Public Records Law. Mr. Zorc
believes that the Property Appraiser is incorrect in his interpretation
of the law. There is authority to support this position. Under Section
119.12, F.S., Mr. Zorc has standing (just as much standing as the
County) to.bring a civil action to compel release of the information.
If he is correct, then the Property Appraiser must pay all attorney's
fees. Mr. Zorc appears reluctant to bring this action probably because
he may lose and, therefore, not be able to recover his attorney's fees.
Indian River County: The problem has been brought to the County's
doorstep.by Mr. Zorc for the reason stated above. There is, however, no
evidence that there is anything wrong with any of the applications.
There is merely an allegation that these records should be made public.
Absent some evidence of fraud in some applications, there appears to be
no compelling reason for the Board to proceed without='an actual case or
controversy, but rather it should rely on the Property Appraiser to
carry out'his constitutional and statutory duties properly and as he
sees fit. One matter within the Board's jurisdiction is the requirement
for an annual application. Under Section 196.011(9)(a), F.S., the Board
may waive the requirement for an annual application and as a corollary
may require an annual application. A full annual application for
submission under Section 196.195, F.S., should be required.
Possible Courses of Action
1) Inform the Property Appraiser that under Section 196.011(9)(x),
F.S., there is no annual waiver for applications filed pursuant to
Section 196.195, F.S.
2) Do nothing because there is no evidence of fraud and Mr: Zorc has
standing to take whatever action he deems fit.
3) Request Mr. Nolte to ask the Department of Revenue as to whether an
application submitted pursuant to Section 196.195, F.S., is
confidential and abide by the decision of the Department of
Revenue.
4) Bring a court action against the Property Appraiser seeking a
determination as to whether submissions under Section 196.195,
F.S., are confidential.
Recommendations
Staff recommends courses of action 1 and 3. Annual applications should
be required when non-profit organizations are concerned so that any
change of status or operation can be detected by the Property Appraiser.
A decision by the Department of Revenue would resolve the question that
exists about the confidentiality without resorting to court action.
Staff recommends against courses of action 2 and 4. To do nothing still
leaves many unanswered questions. To bring an internecine lawsuit would
only be an expense to the taxpayers as they would be paying for both
sides to determine a question that has not generated any known problem
or fraud and is not a question peculiar to Indian River County.
In view of the foregoing, a draft letter to the Property Appraiser (copy
attached) has been prepared incorporating courses of action 1 and 3 as
recommended by staff.
23
November 15, 1994 BOOK 93 PACEtJ
Attorney O'Brien advised that the law wasn't clear and an
Attorney General's opinion seems to concur. He believed the
responsibility for making the decision rested with the Department
of Revenue (DOR).
Frank Zorc, 2044 De Leon Avenue, expressed his gratitude to
the Board for their continued interest in public access to public
documents. He expressed his opinions on the first three options
listed in the memorandum.
Mr. Zorc recounted his recent telephone conversation with the
DOR, during which they indicated they were in the process of moving
to a different building and it would be at least a week before they
could begin reviewing something like this. They recommended a
declaratory judgment, which would settle the matter.
Mr. Zorc supported the fourth possible course of action
because of the low cost, and he reiterated his offer of $500 toward
same. He urged the Board to seek a declaratory legal action.
Attorney Jim Wilson, 3625 20th Street, representing Frank
Zorc, contended that a declaratory action was not necessarily
adversarial, but only a determination of law. In his opinion, the
records should be released because the Statutes protected records
that were submitted to determine taxable value, not exemptions. He
believed the Statutes relied upon by Mr. Nolte's office were not
relevant to applications for exemption.
Attorney Wilson urged the County to file the declaratory
action as being the most efficient and cost-effective method of
resolving the question. He declared that an opinion from the DOR
would not be binding upon the Property Appraiser, if he disagreed.
Commissioner Bird questioned the premise that a declaratory
judgment was non -adversarial.
Attorney Wilson maintained it was just a determination of the
law, that it did not have to be an adversarial action, that
reasonable people had differed, there was no authority on it, and
public interest was involved in determining whether or not the
records should be released.
Chairman Tippin inquired whether records of all non-profit
groups would be subject to public scrutiny.
Attorney Wilson replied that if the County initiated the
action and prevailed, all records would be opened; however, if Mr.
Zorc initiated the action it would be limited to the specific
records and the law would be universally applied if anyone else
went to court after Mr. Zorc, because a precedent would have been
created.
24
November 15, 1994
Chairman Tippin thought it appeared to be a statewide problem,
not just. the one issue, and that was his concern.
County Attorney Vitunac recommended the simplest route was to
ask the DOR to do their statutory job and develop a rule to settle
the dilemma statewide at no cost. He was certain Mr. Nolte and
every other Property Appraiser would follow the rule. If the DOR
failed, then the Board could proceed to determine their next course
of action.
Commissioner Bird believed the issue must have been in court
previously and Attorney O'Brien advised that the Attorney General
had addressed it in 1991 and said that if it was a continuing
problem, the Department may wish to consider adopting a rule
specifying which of its particular forms constitutes return of
property. When the DOR sets a rule or regulation, the Property
Appraiser is required by law to abide by it and it has more effect
than an Attorney General's opinion, which can be accepted or
rejected.
Property Appraiser David Nolte detailed the rule-making
procedure. He understood the DOR has been working on the problem,
on and off, for the past two years to classify which documents were
confidential and which were not, but they had not finished it yet
and had not gotten to the point of a printed draft which could be
sent around for perusal.
Commissioner Adams reminded everyone why Mr. Zorc raised the
issue and that the group he was concerned about was not a Florida
corporation. She felt the effort to verify their tax-exempt status
had merit.
Commissioner Bird asked Mr. Nolte how his peers throughout the
state handle the problem and Mr. Nolte replied it was a dilemma and
either way could be wrong. He concurred there was a need to have
the DOR define the rule. He related that it was only an occasional
problem; that Mr. Zorc has been asking about this particular group
since 1991 and others have inquired about another group. Mr. Nolte
affirmed that if the DOR develops a ruling on this, he would
following the ruling.
MOTION WAS MADE by Commissioner Bird, SECONDED
by Commissioner Adams, to inform the Property
Appraiser that under Sec. 196.001(9)(a), F.S.,
there is no annual waiver for applications
filed pursuant to Sec. 196.915, F.S. and
request him to ask the Department of Revenue
25
November 15, 1994 Boa 93 PAGE 7
BwK W � fil, 1 �*)
as to whether an application submitted
pursuant to Sec. 196.195, F.S., is
confidential and abide by the decision of the
Department of Revenue, as recommended by
staff. (Clerk's Note: See amended motion
below.)
Attorney Robert Jackson, representing Property Appraiser
Nolte, reminded everyone that Mr. Nolte had to follow two Statutes
and an Administrative Code which pronounce all returns
confidential. The Attorney General had recommended that the DOR
develop a rule and the DOR is working on it. Mr. Nolte did not
object to writing the Attorney General or the DOR, and would comply
with the law.
Al Valardi of Sebastian expressed concern about a certain
property in Roseland where the residents worked, were not disabled
nor elderly, and did not pay taxes. The group continues to buy
more property. He had no objection that they lived in a "cult
fashion"; however, he felt they were not paying their fair share of
local taxes. He offered that he and other interested citizens were
willing to contribute financially for attorney's fees for a
declaratory judgment.
Mr. Zorc stated he had no vendetta, nor did he wish to isolate
one case, but believed that public records should be open for all
non-profit organizations. From one particular group there might be
as much as a $300,000 surplus annually from the income derived from
their property. He said that Florida Statutes provide that you can
find out where that money goes and that's what he wanted to know.
He wanted all records opened. He felt that going to the DOR was a
stalling tactic. He reiterated that someone at DOR had suggested
to him that a declaratory judgment was best. He couldn't
understand why it was not being recommended by the County Attorney
and asked consideration of that.
Chairman Tippin did not disagree, but was fearful of "witch
hunts". Although it seemed simple, he was concerned about setting
a precedent they might regret and, therefore, wished to proceed
orderly and cautiously.
Commissioner Adams asked Attorney O'Brien to estimate the
amount of time it might take the DOR to respond. Attorney O'Brien
gave no estimate, but predicted they would say the question was
under study and advisement to drafting a rule. In fact, Mr. Nolte
has stated it has been that way for two years.
26
November 15, 1994
Chairman Tippin wondered if going through the Florida
Association of Counties would be beneficial. Commissioner Adams
agreed to pursue it with FACo.
Commissioner Macht agreed with Attorney Wilson's position and
felt that a declaratory judgment was the way to proceed.
Commissioner Adams asked Commissioner Bird if he would agree
to amend his motion by adding 4): Bring a court action against the
Property Appraiser seeking a determination as to whether
submissions under Section 196.195, F.S., were confidential.
Commissioner Bird declined, wanting to go through steps 1) and 3)
first, to see what happened.
Commissioner Macht understood the desire to go ahead with 3)
and requested the motion be amended to have a period after
confidential.
COMMISSIONERS BIRD AND ADAMS AMENDED THE
MOTION to inform the Property Appraiser that
under Sec. 196.001(9)(a), F.S., there is no
annual waiver for applications filed pursuant
to Sec. 196.915, F.S., and request him to ask
the Department of Revenue as to whether an
application submitted pursuant to Sec.
196.195, F.S., is confidential.
In discussing the amended motion, the filing cost of a
declaratory judgment ($89.50) was mentioned and Commissioner Bird
asked Attorney Vitunac to elaborate on what would happen if the
County filed for declaratory judgment.
County Attorney Vitunac explained in detail the declaratory
action process including the need for appeal to the Fourth District
in order for the decision to have statewide standing. His office
had made their recommendation based, in part, on the fact that the
declaratory action would be a long, involved, and, therefore,
costly process. He illustrated why it was an adversarial action
and not just an advisory opinion. He suggested they might like to
set a time limit for the DOR to rule and, if they didn't rule
within the time limit, the Board could readdress the issue and
determine the action they then wished to take.
The Board discussed the pros and cons of the appeal process
and whether or not it mattered that the decision had statewide
standing.
27
November 15, 1994
BOOK W PAVE 7V
BOOK W PAL .1 fJ8
Mr. Zorc stated Attorney Wilson had faxed a letter last week
to the DOR and they expected a response after the Department had
moved and reestablished their offices. Commissioner Bird asked
them to share any response with Mr. Nolte and if he agreed with it,
the issue was over.
Attorney Wilson advised that he would provide them with a copy
of his letter.
Attorney Jackson reported that the Attorney General only gives
opinions to government bodies, not to private citizens.
THE CHAIRMAN CALLED THE QUESTION AND THE
MOTION CARRIED unanimously.
(4-0, Commissioner Eggert absent)
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 567-8000
Honorable David Nolte
Property Appraiser
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Nolte:
Suncom Telephone: 224-1011
November 16, 1994
The Board of County Commissioners at its regular meeting of November 15,
1994, considered the matter raised by Mr. Zorc concerning the confidentiality
of applications submitted pursuant to Section 196.195, F.S.
It is the Board's opinion that a full annual application should be required
for submissions under Section 196.195, -F.S. Therefore, any previous Board
waiver granted under Section 196.011(9)(a), F.S., is hereby limited so that
annual exemptions for applications required under Section 196.195, F.S., are
not exempt from the full annual application requirement.
It is respectfully requested that in light of AGO #91-57, you request the
Department of Revenue to rule on whether applications or portions thereof
submitted pursuant to Section 196.195, F.S., are subject to the
confidentiality of returns provided by Section 193.074, F.S.
Your continuing cooperation in matters of mutual interest- is greatly
appreciated.
Yours truly,
BOARD OF COUNTY COMMISSIONERS
izi
Pohn Tipp W. -
Chairman
JWT/Ok
November 15, 1994
28
WACKENHUT PROPOSAL REVIEWED SHERIFF'S DEPARTMENT
FUNDED FOR SECURITY IN NEW COURTHOUSE
Administrator Chandler reviewed the following memo dated
November 10, 1994:
TO: Board of County. Commissioners DATE: November 10, 1994 FILE:
SUBJECT: Courthouse Security
FROM:aures E. Chandler REFERENCES:
County Administrator
In view of the overall FY 94/95 budget constraints, at the July budget
workshops the Board of County Commissioners concurred with the staff
recommendation that the Sheriff's proposed budget be reduced to no expense
increase. As a result, the Sheriff subsequently submitted cuts totaling $468,050
in courthouse security and the step program.
With the scheduled opening of the -new courthouse, the provision of security
needs to be addressed.
To date the Sheriff's Department has provided the courthouse security. An
October 30, 1989administrative order by Chief Judge Geiger authorized and
directed the Sheriff of Indian River County to conduct limited weapons searches
and monitor entrances and exits (Attachment 1) . Florida Statutes provide that
the Sheriff is responsible for courtroom security and the County for the building
security (Attachment 11) . The Sheriff has advised that his department will
continue the total security if the funding is allocated by the County.
To provide security for the new courthouse, the Sheriff's original proposed FY
94/95 budget included 7 additional positions at an expense of $243,953
( Attachment 111) . The cuts, referred to previously, included the 7 additional
positions, as well as a decrease in funding for 1 existing bailiff position, for a
total reduction of $278,593.
To formulate a recommended plan for the new courthouse, staff met with the
Sheriff and his staff. As a result, the Sheriff submitted a revised budget
totaling $282,492 (Attachment IV) for the balance of this fiscal year. This
revised 10 month budget would equate to approximately $335,023 annually. The
proposed annualized expense Is higher than the original proposed security
budget and more than the $278,593 cut. The difference is primarily in two
areas. First, 8 additional positions are proposed as compared to 7 originally.
The Sheriff indicated that as construction progressed, a re-evaluation of
security requirements reflected a need for the additional position. The second
area is attributed to the fact that individuals with prior experience will be
recruited. Considering the timing, the Sheriff advised that If approved, the
total security could not be achieved until mid-February at best. However, he
indicated that by the opening, the Department would be in a position to provide
security at the major points as in the current building.
29
November 15, 1994
BOOK b 3 PA;L 7 4"1
BOOK . nu4 it i
Considering the differential in expense, staff requested a proposal from
Wackenhut for building security ( non-baliiff) . An assessment was made by
Wackenhut and a proposal submitted ( Attachment v). The proposal contains a
recommended requirement to provide non -bailiff security of 13 total positions (11
Wackenhut, 2 Sheriff) . This compares to 10 by the Sheriff (2 existing, 8
additional) . The primary difference is in the Sheriff's ability to utilize
volunteers, as well as supervision. The total proposed annualized expense is
$425,510. Included in that amount, is $21,125 to cover the Clerks proposed
operational hours for the cashier's office from 7:30 a.m. to 6:00 p.m. and the
court weekend requirements for preliminary hearings. The Sheriff's office had
not been apprised of the proposed cashiers hours, and therefore was not
included In the revised estimate, nor- was the weekend requirement. The
estimated annual expense, on an overtime basis, is $13,880.
In summary, the total estimated annual expense is $425,510 for the Wackenhut
service compared to $348;903 if provided by the Sheriff (both expenses assume
the proposed cashier operational hours) . Considering the expense differential
and that both reflect essentially the same security level requirements, it is
recommended that the Sheriff provide the service.
Funding required for the estimated 10 month expense is $294,062. The
recommended funding sources are $262,562 General Fund Contingency and
$31,500 from the funding provided by the School District for the SRO program
after adoption of the budget. If approved, the General Fund Contingency
balance would be $387,438.
After Administrator Chandler confirmed that three additional
deputies would each be assigned to a courtroom, Commissioner Macht
spoke in opposition to hiring three deputies for the courtrooms in
order to save taxpayers' money, reasoning that bailiffs were
present. Administrator Chandler explained that having a deputy in
each courtroom had been recommended by the Sheriff and judges
initially because the bailiffs were not always in the courtroom and
had other duties. In addition, Wackenhut had done a completely
independent assessment, and made the same recommendation.
Chairman Tippin, saying no one was more cautious with
taxpayers' dollars than he and citing recent incidents in the
Administration Building, declared that he had changed his mind, and
agreed that security in the courtrooms was necessary.
Sheriff Gary Wheeler confirmed his agreement with staff's
recommendation.
In response to Commissioner Macht's inquiry, Administrator
Chandler -advised that no funding would come from the Clerk's
budget, and that there had been further clarification with respect
to a half hour difference since Wackenhut's proposal was received.
Wackenhut had contacted the Clerk for his requirements and the
proposal was now the same as what the Sheriff would provide.
30
November 15, 1994
M M M
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Adams to defer hiring
three extra security officers for the
courtrooms until the Board was convinced they
were necessary.
Sheriff Wheeler recommended that Commissioner Macht meet and
talk with the judges so he would thoroughly understand the
operation and the need for courtroom security officers. He
explained the duties of bailiffs. He would not reduce staff
further, it already had been cut below what it should be, and a
relief factor was not provided. He did not believe he could
provide adequate security without those personnel and declared that
without the three additional deputies, he would decline to do the
security and -would not accept liability of the Courthouse.
Discussion followed and the Sheriff explained operations and
legal requirements concerning prisoners.
Clerk of the Circuit Court Jeff Barton explained what
physically occurred in the courtrooms and other bailiff's
responsibilities. He cited statistics from the State Court
Administrator's Office concerning the 19th Judicial District which
revealed that Indian River County averaged only 10 less jury
trials, over the last 5 years, than the other three counties in the
circuit combined and, with respect to activity, Indian River County
was classified with most of the big counties in the state. He
reiterated that their original request was for five and recommended
,that the three courtroom deputies not be deleted.
Discussion followed. Commissioner Macht asserted the
courthouse had been designed with enhanced security and he
maintained that extra personnel was unnecessary.
Sheriff Wheeler advised that, for security purposes, the
building had been designed to have one access point, nevertheless
it required security personnel. He reiterated that staff had met
extensively, pared down their original requirements, and had
presented their recommendation. He added that the visiting judge
would be in more frequently after the first of the year.
04
November 15, 1994 BOOK W FAL 801
BOOK FLUE
THE CHAIRMAN CALLED THE QUESTION. MOTION
FAILED 1-3 (Commissioners Adams, Bird, and
Tippin dissenting; Commissioner Eggert being
absent).
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board, by a 3-1 vote
(Commissioner Macht dissenting; Commissioner
Eggert being absent), approved the County
Administrator's recommendation to fund the
Sheriff's Department the estimated amount of
$294,062 for the 10 months remaining in the
fiscal year.
SECURITY FOR COUNTY ADMINISTRATION BUILDING
During an earlier discussion on courthouse security, Chairman
Tippin asked the Administrator to investigate hiring roving
security for the Administration Building since there had been some
recent incidents which could have been mitigated by security.
Discussion was held.
THE BOARD REACHED CONSENSUS and asked staff to
investigate and report at next week's meeting
the costs for a roving security guard for the
County Administration Building.
AWARD RFP #5030 - MOVING CONTRACTOR FOR NEW RMIM L
COMPLEX
The Board reviewed the following memo dated November 2., 1994:
32
November 15, 1994
DATE: November 2, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. *Sonny" Dean, Directo
General Services
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award RFP 15030/Moving Contractor for
New Judicial Complex -
BACKGROUND INFORMATION:
Bid Opening Date: October 10, 1994
Advertising Dates: Sept 21, 28, 1994
Specifications Mailed to: Twelve (12) Vendors
Replies: Five (5) Vendors
VENDOR: PROPOSAL SUMMARY OF
MOVING EXPENSES
Astro/Laws Moving & Storage $ 18,724.00
Vero Beach, F1
Suddath Moving Systems $ 19,735.00
Palm Bay, Fl
Treasure Coast Moving $ 20p235.00
Ft Pierce, FL
Sorenson Moving & Storage $ 21,582.11
Melbourne, Fl
Coastal Van Lines, Inc. $ 21,870.00
Vero Beach, F1
* Represents vendor that is recommended by the Department.
NOTE: The above cost proposals does include the cost for
the packing boxes and supplies.
TOTAL AMOUNT OF BID: $18,724.00
SOURCE OF FUNDS: Construction Budget Contingencies
ESTIMATED BUDGET: $38,000.00 ($20,000 Moving)
RECOMMENDATION:
Staff recommends that the proposal be awarded to
Astro/Law's Moving & Storaa$ based on the factors
detailed in the attached Vetter of recommendation and cost
comparison of moving contractors proposals. (Exhibit A).
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Macht, to award Bid
15030 to Astro/Laws Moving & Storage as
recommended in staff's memorandum.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
33
November 15, 1994
BOOK JW FALS03
BOOK W fg. ��J
John Bradley, representing Suddath Moving Systems (SMS),
protested the award of the bid to Astro/Laws (A/L) claiming that
SMS's bid was lower by $2,989 and they had been advised that all
bids met specifications.
Mr. Bradley recounted his perspective of the bid process and
described changes he believed occurred involving estimates for
moving records from the basement of the old courthouse and storage
boxes. By considering those factors, he stated his bid was $4,399
less than A/L's. He detailed SMS's credentials and requested that
they be awarded the bid.
Commissioner Adams asked staff why they had recommended A/L
and General Services Director Sonny Dean and Superintendent of
Buildings and Grounds Lynn Williams advised of cost -savings offered
by A/L for rebates on returned cartons, A/L's billing method (only
for time necessary, not a flat price), more flexibility on day(s)
of move (no differential on weekday versus weekend price), and
because A/L is a local company (no time lost for travel). The RFP
was written to provide for flexibility, and price was only about
25% of the factor used in making their recommendation. They
believed all bidders were qualified, but recommended A/L as the
best company for this particular move.
Commissioner Adams stated her preference to use local vendors
whenever possible and saw no reason to deviate.
Administrator Chandler cited page 45 of the backup material
where A/L had indicated an estimated amount of $2,560 for the
basement and that figure had been removed from the specifications
in order for equal comparisons to be made, which lowered the A/L
bid, making a difference in the bids of $1,011.
Discussion followed. Commissioner Bird said there was some
confusion in his mind and asked that the item be deferred to the
following week in order to get a better understanding, but
Commissioner Adams disagreed that more information was necessary.
Additional explanations were offered by staff on the cost of
boxes and how the dollar amounts had been calculated.
Commissioner Bird was still confused about a $5,000
difference. He was advised that it was the cost of boxes which had
been subtracted from the A/L bid which had not been included in the
SMS bid. It was also likely that not all furniture would be moved
from the old courthouse and, therefore, A/L's price would be
reduced and the SMS bid would not be reduced.
34
November 15, 1994
THE CHAIRMAN CALLED THE QUESTION. MOTION
CARRIED unanimously. (4-0, Commissioner
Eggert absent).
AWARD BID #4110 - SOUTH COUNTY SEWER PUMP STATION AND
FORCE MAIN
The Board reviewed the following memo dated November 7, 1994:
DATE: November 7, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H. T. "Sonny" Dean, Directo"y
General Services '_" lJ
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 04110/South County Sewer Pump`Station
and Force Main - Utilities Department
7.
BACKGROUND INFORMATION:
Bid Opening Date: September 29,'1994
Advertising Dates: Aug.25, Sept.7,14,21,1994
Specifications Mailed to: Twenty (20) Vendors
Replies: Six (6) Vendors
BID TAB
Hall Contracting
St. Petersburg, Fl
Speegle. Construction
Cocoa, Fl
Derrico Construction
Melbourne, F1
Telcon Corporation
Pompano Beach, F1
RKT Construction
Titusville, F1
TOTAL'AMOUNT OF BID
LUMP SUM PRICE
$2,068,968.36
$2,113,800.00
$2,200,200.00
$2,284,315.00
$2,325,475.00
$2,068,967.56
CORRECTED TOTAL
$2,068,967.56
SOURCE OF FUNDS Utilities General Impact Fees
ESTIMATED BUDGET $1,752,151.50
�7
$2,318,475.00
Staff recommends that the bid be awarded to Hall Contracting
as the lowest, most responsive and responsible bidder
meeting specifications as set forth in the Invitation to
Bid.
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.
35
November 15, 1994 BOOK F��;L
BOOK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) awarded the bid to
Hall Contracting in the amount of
$2,068,967.56; and approved the Agreement
contingent upon all requirements being met and
approved as to form by the County Attorney, as
recommended in staff's memorandum.
AGREEMENT HAS BEEN PLACED ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN PROPERLY EXECUTED AND RECEIVED
AWARD BID #5023 - ROSELAND WATER MAIN, PHASE IV
�3 r',;L 806
The Board reviewed the following memo dated November 7, 1994:
DATE: November 7, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
B.T. "Sonny" Dean, Directomo
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5023/Roseland Water Main, Phase IV
��_� ••1 WUK:Y: 070111
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
VENDOR
Tri -Sure Corporation
Auburndale, FL
Timothy Rose Contracting
Vero Beach, FL
Treasure Coast Contracting
Vero Beach, FL
JoBear
Palm Bay, FL
Strickler Brothers
Ft Myers, FL
Driveways, Inc
Titusville, FL
36
November 15, 1994
November 2, 1994
October 12, 19, 26, 1994
Twenty -Seven (27) Vendors
Six (6) Vendors
$175,612.00
$205,134.50
$210,772.42
$231,157.50
$274,374.00
$341,500.00
� � r
TOTAL AMOUNT OF BID $175,612.00
SOURCE OF FUNDS Utilities Impact Fees -
472-000-169-224.00
ESTIMATED BUDGET $188,800.00
197 • Ty l • - •
Staff recommends award of bid to Tri—Sure CoKporation Corporationas
the lowest, most responsive and responsible bidder meeting
specifications as set forth in the Invitation to Bid..
In addition, staff requests Board approval of the attached
Agreement when all requirements are met and approved as to
form by the County Attorney.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) awarded Bid 15023
to Tri -Sure Corporation, in the amount of
$175,612, and approved the Agreement
contingent upon all requirements being met and
approved as to form by the County Attorney, as
recommended in staff's memorandum.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
H.F. LENZ COMPANY - 5th ST, SW BETWEEN 20th & 27th AVENUES
The Board reviewed the following memo dated November 3, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Direct6#1""
or
SUBJECT: Professional Engineering Services Agreement - 5th Street SW
between 20th Avenue and 27th Avenue - H.F. Lenz
DATE: November 3, 1994 FILE: 5STSWAGR.AGN
DESCRIPTION. AND CONDITIONS
As previously authorized by the Board, staff has completed the contract negotiation for
engineering the construction of 5th Street Sw between 20th Avenue and 27th Avenue. This
roadway will provide east/west access to the new South County Middle School now under
construction and scheduled to be open in August, 1995.
The negotiated compensation is a not -to -exceed fee of $26,560, which includes all design, permit
calculations, and related services.
37
November 15, 1994 BOOK PAI,� d
BOOK PA�r
ALTERNATIVES AND ANALYSIS
Staff and the consultant have agreed on a detailed scope of work. A man-hour estimate of 522
hours is attached. The alternatives are as follows:
Alternative No. 1
Approve the attached agreement between Indian River County and H.F. Lenz
Company as presented.
Alternative No. 2
Instruct staff to renegotiate or cease negotiations with H.F. Lenz Company and
begin negotiations with the No. 2 firm, Carter Associates, Inc.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby the Chairman be authorized to execute the
attached agreement on behalf of the County. Project funding in the amount of $95,000 from
Local Option Gas Tax Revenue (Fund 109) was budgeted in the FY94/95 budget.
ATTACHMENT
Engineering Services Agreement
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0; Commissioner Eggert absent) approved
Alternate No. 1, the agreement with H.F. Lenz,
in the amount of $26,560, funded from Local
Option Gas Tax Revenue, as recommended in
staff's memorandum.
AGREEMENT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Commissioner Bird asked whether H.F. Lenz still had a local
office and local representation. Public Works Director Jim Davis
responded that while there had been a personnel change recently,
they still: maintain their local office in the same location and
that, in his opinion, they still had the ability to do the job with
registered professional engineers and land surveyors on staff.
38
November 15, 1994
FIND AGREEMENTS - ROUND ISLAND & ENVIRONMENTAL
LEARNING CENTER
The Board reviewed the following memo dated November 7, 1994:
TO: James Chandler
County Administrator
TffitOUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Xanage,,PO
SUBJECT: FISM Grant Agreement
Round Island Park, Phase II and
MmVironmental Learning Center, Phase III
DATE: November 7, 1994
on April 19, 1994, the Board approved a resolution to submit
applications to the Florida Inland Navigation District (FIND) for
Round Island Park Phase II -and the Environmental Learning Center
Phase III. Attached are the FIND Project Agreements for these
projects.
Environmental Learning Center Phase III improvements consist of an
elevated boardwalk and Dry Lab Classroom Pavilion. The estimated
cost of these improvements is $273,510. The attached agreement
provides funding from FIND in the amount of $73,926.
Round Island Park Phase II improvements include construction of a
wood walkover to No -Name Island, waterfront boardwalk on the west
side of the Island, nature trails, an observation tower and
educational signage on the Island. The County requested that FIND
fund 90% of the project coft. The attad2ed Agreement provides for
51.4% funding- in the amount of, $57,650. The County's required
match is 454,450x. FIND has included acceptance of pre -agreement
expenditures in the amount of $23,300 for landscaping. This
reduces. the required match to $31,150.
Permits for Round Island Park Phase*II were obtained from the Army
Corps of Engineers, Department of Natural Resources and Department
of Environmental Regulation at the same time as Phase I permits.
These permits expire in August 1996.
39
November 15, 1994 BOOK bJ P*
BOOK bP�i�t. � � �
Staff recommends that motion be made to:
1. Approve FIND Project Agreement for Round Island Park
Phase II.
2. Approve FIND Project Agreement for the Environmental
Learning Center Phase III.
Matching funds for Round Island Park will be provided by the County
from the MSTU Contingency.
Matching funds for the Environmental Learning Center will be
provided from private donation, the St. John's River Water
Management District, Florida Department of Agriculture, Indian
River County School District, local businesses and private
foundations.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0; Commissioner Eggert absent) approved the
FIND Project Agreements for Round Island Park,
Phase II, and the Environmental Learning
Center, Phase III.
COPIES OF AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Commissioner Macht advised the Board that FIND had withdrawn
funding for the Marine Patrol Officer and asked staff to
investigate the reason.
COUNTY GROVE FRUIT HARVEST
The Board reviewed the following memo dated November 7, 1994:
DATE: November 7, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA'
FROM: TERRANCE G. PIkVO J," /
DIRECTOR OF UTI ERVICES
PREPARED TERRY H. DRUM /ftp/ r
AND STAFFED ENVIRONMENTAL SPECIALIST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: COUNTY GROVE FRUIT HARVEST
40
November 15, 1994
BACKGROUND
The Department of Utility Services has approximately a -60 -acre
citrus grove located at the West Regional Wastewater Treatment
Plant site. The red and white grapefruit crop for the 1994-1995
season will be ready to harvest soon.
ANALYSIS
In previous years, an attempt to solicit bidders for the harvest of
the grapefruit crop resulted in no bids. Last year's negotiated
sale resulted in a total amount of $29,199.40 for the 1993-1994
grapefruit crop.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners authorize the Department of Utility
Services to negotiate the sale of the 1994-1995 grapefruit crop.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) authorized the
Department of Utility Services to negotiate
the sale of the 1994-1995 grapefruit crop, as
recommended in staff's memorandum.
CLOSED CIRCUIT VIDEO/AUDIO TRANSNIISSION PROTECT FOR
NEW COURTHOUSE
The Board reviewed the following memo dated November 9, 1994:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney—Y706
DATE: November 9, 1994
RE: CLOSED CIRCUIT VIDEO/AUDIO TRANSMISSION PROJECT
FOR THE NEW COURTHOUSE
The County entered into a contract with Precision Contracting Services,
Inc. (PCS) to provide design and construction services with respect to
the subject matter on April 13, 1993. On February 15, 1994 the County
approved an Amendment No. 2 to the contract which was approved by
PCS on March 3, 1994. The purpose of this contract was to provide an
automated record maldng capability for five courtrooms in the new
courthouse.
41
November 15, 1994 BOOK W PAUL 811
BOOK WL f'Au 812
The essential parts of the system contained five (5) Hi Fi VCRs, five
(5) color cameras and one (1) wide-angle camera for each courtroom as
specified in the contract. PCS has installed three (3) Hi Fi VCRs, four
(4) color cameras and no wide-angle camera. The contract is
unambiguous and clear. A copy is attached. The events leading up to
the contract do not have the same clarity as the contract itself. PCS
claims that what has been installed is all that the County is entitled to
based on some, less than clear, correspondence in October of 1993.
The discrepancy was discovered by the Clerk of the Court, Jeff
Barton, when he was at the courthouse for a discussion of microphone
placement. Mr. Barton reported this to Sonny Dean and the County
Attorney. The attached letter of November 2, 1994, prepared by this
writer, questions the discrepancy between the contract and the actual
installation and was hand delivered that day to a representative of PCS.
The final paragraph of said letter requested an "immediate response in
writing." To date none has been forthcoming, although several
meetings with Mr. Boyd of PCS were held with staff concerning this
matter.
The system as installed is functional but it will require an extra person
to insure proper functioning of the court. This person would not have
been necessary if the "Typical Dolman Court System" had been
installed. To bring the system up to contract specification would cost
at least $50, 000. The current contract is for a total of $250, 000.
PCS's position is unchanged and efforts to settle - this matter have
failed.
In view of the foregoing, staff requests authority to take necessary
legal action to resolve this matter.
Assistant County Attorney Terry O'Brien and Clerk Barton
responded to questions of the Commissioners. Attorney O'Brien
advised he had faxed a letter to PCS asking for the "specifics of
what we're getting". PCS faxed back 6 or 7 pages on February 4,
1994, as presented in the backup material, their "Typical Dolman
Court System Specifications," which was called for in the contract.
The system, as installed, did not include one wide-angle camera,
two Sony hi-fi VCR's, and one other camera.
Clerk Barton advised that his budget had been reduced
predicated on having the total increment of cameras and that,
without the wide-angle camera, an additional clerk would be
necessary -to keep a log of each hearing so that a transcription
could be provided if a case is appealed.
Attorney O'Brien advised of correspondence and meetings
that had occurred between Mr. Bruce Boyd of PCS but they had been
unable to resolve the differences in spite of intensive efforts.
The Commission discussed other possible solutions which were
not feasible because of retainage.
42
November 15, 1994
M M
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) authorized
staff to take the necessary legal action to
resolve the matter.
In addition, Attorney O'Brien was directed to 'write the
contractor advising of the Board's action and inviting them to the
next Commission meeting.
APPOINTMENT OF MEMBERS TO SESQUICENTENNIAL
COORDINATING COIVIlVIITTEE FOR INDIAN RIVER COUNTY
The Board reviewed the following letter dated October 20,
1994:
The Honorable John Tippin
Chairman, Board of County Comn"oners
Indian River County -
1840 25th Street
Vero Beacon, FL 32960
Dear Chairman Tip*
FLORIDA DEPARTMENT OF STATE
Jim Smith
sir,► of state
DIMON OF HISTORICAL RESOURCES
R.A. c„r
=Saab ar- "q0 .
Tam. FdWia. XUo-naw
Dbarters Ofts -- Teleawirr dumber (FAM
(90114 &IM - MV Ul•M
October 20,1994
In 1995 Florida celebrates its 150th anniversary of statehood. During the 1994 session the
Florida Legislature.pmcted Ch. 94-152, Laws ofFlodda, which established the Florida
Sesquicxntennial Comamsffion to lead and coordinate this spatial occasion known as the Florida
Sesquicentennial.
his with great pleasure that the Florida cxntemdalCommission
your Board of County Commissioners in requests °� of
initiating flea fnaR phase ofthe Sesquicentennial
Celebration for the State of Florida. We ask that the County -Commission appoint, and through
formal resolution recognim a Sesquicentennial Coming Committee for your county. The
office of chair and vim -chair of the Committee will also need to be appointed when the committee
members are named. The Committee will serve as a vital and dynamic link with the Florida
Sesquicentennial Connnisson.
The Florida Sesquicentennial Celebration has been designed to be arm roots celebration and
Specific Commission powers will be delegated to individual county cxntennial Coor"t"ing
Committees within the 67 counies. The Sesquicentennial Coordinating Committee will be
Sesquicentennial activities/events which take san�tioniag � coordinating local
take place within the county of jurisdiction.
43
November 15, 1994 BOOK b3 PACE
BOOK FAQ:
The Florida Sesquicentem>tal Commission suggests that your ordinathng
Committee be as inclusive as possibit u should be comprised of influaaial and committed
members of the business, education, cultural and civic segments of the community; local
governments both at the county and the municipal lewd should be evolved as well. You could
loose to include a repnnsentarive of each nnuuc r in your coaly and/or a member of the
Local. /Regional League of Cities (to help coordinate the cities' activities). Although it will be
ultimately up to the County Commission as to the number of members, it is suggested that the
Sesquice nteiunial Coom+dmahng Committee haven less than firm and no more than fifteen
members. It will also be the decision of your commission as to the composition of the
Sesquiceatennisl Committee; however, the members should be people wn'lling to work to make
this special occasion a mss.
It is requested the this issue be *ad on the amends for the next conmi�+on meednQ-so that
W9gk=Ms am made as soon as 92. After appointments are made please Fax (and send a
follow-up hard copy) a complete alphabetical list of all appointed members, along with their
addresses, phone and fisc numbers. Also please note chairman and vicx-chaimman as they will be
the primary points of contact.
We look forward to worldog with your Sesquicentennial Coordinating Committee to make the
celebration of the 150th anniversary of statehood for Florida a success. If you have father
questions please contact the Sesquicentennial Commission office at
Florida Sesgndeentenaial Commission
Florida 150
Florida Department of State
Tanabassee, Florida 32399-0250
PH 904/921-0150 FAX 904/488-3353
Senator Cut ICser,
Chairman
Florida Sesquicentennial Commission
Robert 0. Gfinan
Chairman Tippin requested that a list of prospective
candidates be developed and that appointments be postponed to the
next meeting.
LEGISLATIVE DELEGATION MEETING
Chairman Tippin requested Vice Chairman Macht to represent the
Commission at the Legislative Delegation meeting to be held on
November 30.
November 15, 1994
44
M M
REPORT ON FACo - POLICY AND FINANCE C0AEVIITTEE MEETINGS
Commissioner Adams reported on the FACo Policy Development
Committee meeting held yesterday in Tampa, the second of three or
four to be held in order to complete their task by the end of the
month. She recounted that they had met in October and formulated
issues for support before the Legislature. She attended the Growth
Management and Physical Development Committee and the Finance and
Administration Committee meetings. Joyce Johnston, Director of
Welfare, had also attended meetings on social injustice 'and
criminal affairs. Commissioner Adams highlighted some of the
following issues:
With respect to Growth Management, they took a defensive
position on:
1) the prohibition of involuntary annexations;
2) county home rule authority to develop and impose
impact fees;
3) private property rights.
The major initiative will be to support streamlining the
comprehensive plan amendment process, including authorizing the DCA
to delegate small scale plan amendment review and approval to local
governments.
Under Transportation, they took a defensive position in
supporting the reclassification approach, but are opposing the
forced transfer of roads and bridges to counties if not accompanied
with maintenance funds.
Under Environmental Resources, as an initiative, they will
very strongly support removal of restrictions on the allowable uses
for waste tire grant monies to allow flexibility in funding
projects, such as closing or monitoring landfills.
FACo also adopted a defensive position in opposing state pre-
emption of county environmental regulatory authority.
Because of the many issues addressed by FACo, and the fact
copies of the list and her notes from the meeting were distributed
to each Commissioner, Commissioner Adams shortened her report at
this point to mention two other important issues of solid waste
flow control legislation and close monitoring of the water policy.
Commissioner Adams highlighted four of many issues from the
Finance & Administration Policy Development Committee meeting:
1) partial year ad valorem assessments;
2) allowing counties with populations greater than 50,000 to
have some flexibility with local option sales tax usage,
for example using funds to close landfills;
E,V
November 15 1994 BOOK
BOOK W uU. 1
3) Legislative review of access to public officials;
4) continued support of home rule.
Commissioner Adams advised that they would be finalizing the
list to be presented for the Legislative Delegation meeting being
held here November 30 through Dec. 2.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:20 a.m.
Minutes"approved on
November 15, 1994
46
0
6hn W. Tip ' Chairm n