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HomeMy WebLinkAbout5/26/1987Tuesday, May 26, 1987 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, May 26, 1987, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; and Gary C. Wheeler. Commissioner Carolyn K. Eggert was on vacation. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Bird requested the addition to the Consent Agenda as Item N for out-of-state travel authorization to attend a meeting of the NACo Agricultural and Rural Affairs Steering Committee in Des Moines. Chairman Scurlock requested the addition of the following three items under Public Works: 1. Request for authorization to sell excess fill at Hobart Road right-of-way. 2. Request for permission to purchase asphalt from MacAsphalt Company. 3. Appraisals for the following properties: a) North Tracking Station property; b) South County Regional Park at Oslo Road. c) Property along 43rd Avenue near 5th St. SW. MAY 2 6 1987 BOOK : ,� c. ' � MAY 2 6 1987 BOOK Chairman Scurlock also requested the following additions: 1) Request to advertise for underwriter on the $3.5 million capital improvement bonds. 2) Request to purchase used equipment for the golf course. 3) Change orders #1 and #2 on the construction of the golf cart storage building. ON MOTION by Commission Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Eggert being on vacation) added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any changes or additions to the Minutes of the Regular Meeting of May 5, 1987. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Eggert being on vacation) approved the Minutes of the Regular Meeting of 5/5/87, as written. CONSENT AGENDA Chairman Scurlock asked that Item J be removed for discussion. A. Approval of Duplicate Tax Certificate ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Eggert being on vacation) approved Duplicate Tax Certificate No. 1258, in the amount of $76.67, to J. W. Dickson, Treasurer of St. Lucie County. DUPLICATE TAX CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 2 B. Report Received and placed on file in the Office of the Clerk to the Board: Florida Dept. of Corrections Inspection Report - County and Municipal Detention Facilities, 1st Annual Follow-up Inspection, Indian Rijver County Jail, May 27, 1987 C. Acceptance of Report of Activities & Expenditures - IRC - Public Health Unit The Board reviewed the following memo dated 5/6/87': STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES INDIAN RIVER COUNTY PUBLIC HEALTH UNIT 2525 14TH AVENUE ENVIRONMENTAL HEALTH VERO BEACH, FL 32960 164025TH STREET -SUITE N-118 TELEPHONE (305) 567-1101 VERO BEACH, FL 32960 SUN -COM 451.5302 May 6, 1987 TELEPHONE (305) 567.8000 ExT. 229 SUN -COM 424-1229 FROM: Indian River County Public Health Unit (%p&)0ARo to VEDSUBJECT: Reportof Activities and Expenditures OUN.MTHROUGH: Charles P. Balczun, Indian River County Administrator ,�Joseph Baird, Office of Budget and Management 2 Q TO: Don C. Scurlock, Jr., Chairman of the Board Indian River County Board of County Commissioners As required by Chapter 154, Florida Statutes, and the contract betwe�n the Department of Health and Rehabilitative Services and Indian River County, the attached report of the activities and expenditures of the Indian River County Public Health Unit (CPHU) for the period ending March 31, 1987 is submitted. This report is made up of the following sub -reports produced by the ¢PHU Con- tract Management System: 1. DE140L1 - "CPHU Contract Management Report" which compares the actual services and expenditures with the contract plan for the second quarter of the contract; 2. DE235L1 - "Analysis of Fund Equities" which shows revenue for the re- port period by source and the balance in the CPHU trust fund; 3. DE25OL1 - "Statement of Budget and Actual Expenditures Per Revenue Contribution Ratio": 4. "CPHU Program Service Area Variance Report" which explains variance in actual expenditures for the report period which are greater or less than 25 percent of the planned expenditure levels. acque ine A. Chesney, R.N., M:N Acting Administrative Director 3 BOOK �„ MAY 2 6 1987 �987 -7 BOOK f -AU, 404 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) accepted the IRC Public Health Unit Report of Activities and Expenditures. COPY OF REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Final Plat Approval for Little Harbour Subdivision The Board reviewed the following memo dated 5/14/87: TO: The Honorable Members of DATE: May 14, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE FINAL PLAT APPROVAL FOR _Robert M. Keats g, A SUBJECT: LITTLE HARBOUR SUBDIVISION Planning & Development Director FROM: Stan Boling .4. 5 • REFERENCES:. little harbour Chief, Current Development STAN2 L, It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 26, 1987. DESCRIPTION & CONDITIONS: Little Harbour is an 18 lot subdivision of a ±18.422 acre parcel located on the west side of S.R. A -1-A immediately south of Castaway Cove Wave II. On September 11, 1986 the Planning and Zoning Commission approved the preliminary plat for the subdivi- sion. On March 8, 1987 the Board of County Commissioners voted to accept an $8,$00.00 donation to the park development fund in lieu of requiring a 15' wide public access easement across the site to the river. The applicant, Dale Sorenson, acting as the agent for the owners, Ambrit Development Corp. and Blue Ridge Transporta- tion, Inc., is now requesting final plat approval -and has submit- ted the following: 1. a final plat in conformance with the approved preliminary plat; -- 2. a certified cost estimate for construction of all required subdivision improvements; 3. a contract for construction of required improvements; 4. a letter of credit guaranteeing the construction contract; and 5. a check in the amount of $8,800.00 to satisfy the public access requirement. 4 ANALYSIS: The County public works department and the City of Vero Beach utilities department have verified that the submitted certified cost estimate is adequate. The County Attorney's office has approved the submitted construction contract and the submitted letter sof credit. All applicable requirements regarding "bond- ing -out for final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Little Harbour Subdivision, accept the submitted letter of credit, and authorize the Chairman to execute the submitted contract for construction of required improvements. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) granted final plat approval for Little Harbour Subdivision, accepted the submitted letter of credit, and authorized the Chairman to execute the submitted contract for construction of required improvements, as recommended by staff. E. Extension of Site Elan Approval__ Reliable Services The Board reviewed the following memo dated 511317: TO: The Honorable Members of DATE: May 13, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: 0 Kober a g, P SUBJECT: Planning & Dev lopm nt Director THROUGH: Stan Boling ��• Chief, Current Development FROM: J.W. McCoyREFERENCES: reliable services Staff Planner JOHN2 RELIABLE SERVICE'S REQUEST FOR SITE PLAN EXTENSION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 26, 1987. 5 1, MIN �; 0. BOOK PkCE411)t MAY 2 6 1997 BOOK fW) 406 DESCRIPTION AND CONDITIONS: On March 13, 19863 the Planning and Zoning Commission approved a major site plan application submitted by the Reliable Services. Approval was given to construct a 3,190 sq. ft. light industrial building at 2605 49th Street. Due to financial constraints3the Reliable Services has been unable to commence construction prior to the expiration of the approved site plan. Prior to March 13, 1987 expiration date, the applicant requested a one-year extension of the site plan approval. Pursuant to section 23.1(G)(2) of the site plan ordinance, the Board may grant an extension of the site plan approval. To date, the Board's policy has been to grant such extension requests. RECOMMENDATION: Staff recommends approval of the Reliable Service's request for a 1 year extension of their approved site plan; the new expiration date to be March 13, 1988. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved Reliable Service's request for a 1 -year extension of their approved site plan; the new expiration date to be March 13, 1988, as recommended by staff. F. Extension of Site Plan Approval - REM Corp. The Board reviewed the following memo dated 5/13/87: TO: The. Honorable Members of DATE: May 13, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Ro et M. Reat ng, ICP SUBJECT: REM CORP' S REQUEST FOR Planning & Dev lopment Director SITE PLAN EXTENSION -THROUGH: Stan Boling �•/S Chief, Current Development FROM: J.W. McCoy /004 REFERENCES: REM Corp Staff Planner JOHN2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 26, 1987. 6 � � r DESCRIPTION AND CONDITIONS: On April 10, 1986, the Planning and Zoning Commission approved a major site plan application submitted by the REM Corp. Approval was given to construct 8 duplexes at 9th Court and 9th Avenue. Due to financial constraints, the REM Corp. has been unable to commence construction prior to the expiration of the approved site plan. Prior to the April 10, 1987 expiration date, the applicant requested a one-year extension of the site plan approval. Pursuant to section 23.1(G)(2), of the site plan ordinance, the Board may grant an extension of the site plan approvals To date, the board's policy has been to grant such extension requests. RECOMMENDATION: Staff recommends approval of REM Corp's request for'' a 1 year extension of their approved site plan; the new expiration date to be April 10, 1988. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved REM Corp's request for a 1 -year extension of their approved site plan; the new expiration date to be April 10, 1988, as recommended by staff. G. Budget Amendment - Unemployment Compensation The Board reviewed the following memo dated 5/8/87: TO:* Honorable Members of DATE: May 8, 1987 the Board of County , Commissioners SUBJECT: BUDGET AMENDMENT FOR UNEMPLOYMENT THROUGH: Joseph A. Bair COMPENSATION OMB, Director FROM: Leila Miller.,, Budget Analyst ACCOUNT NUMBER Planning 004-204-515-012.15 004-199-581-099.91 ACCOUNT TITLE INCREASE DECREASE Unemployment Compensation $952. Reserve for Contingency $952 7 � Q� �$�a BOOK 6 D'iE � 6 r, MAY 2 6 1937 Building and Grounds 001-220-519-012.15 Unemployment Compensation 001-199-581-099.91 Reserve for Contingency Explanation BOOK PA F- 40 $ 23 $ 23 (1). The first budget amendment is necessary to pay unemployment compensation to the State of Florida. (2). The second budget amendment reflects a credit of $23 that the State gave the County for an employee in the Building and Grounds Department. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Baird. H. Change Order #1 - Kings Highway & Route 60 Intersection Improvements The Board reviewed the following memo dated 5118187: TO: THE HONORABLE MEMBERS OF DATE: May 18, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator ` _ SUBJECT: Change order #1 King's Highway & Route 60 Intersection Improvements FROM: Ralph N. Brescia, P.E. REFERENCES: County Engineer DESCRIPTION AND CONDITIONS The above contract requires the modification of an inlet grate at the northeast corner of Kings Highway and Route 60. Thais item was not included in the bid documents but is necessary for proper drainage at the intersection. RECOMMENDATION AND FUNDING Staff recommends that the inlet be modified as per the contractor's request (attached) at a cost of $900.00. The funding for this change order should be taken from 109-142-541. 8 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved Change Order #1 in the amount of $900 to Dickerson, Florida, Inc. for the modification of an inlet grate on the Kings Highway & Route 60 intersection improvements, as recommended by County Engineer Brescia. b CHANGE QRDER .., AIA DOCUMENT 0701 Okluhution to: OWNLR U ARCHITECT C7 CONTRACTOR C] FIELD Ll OTHER U - PROJECT: King's Highway (58th Ave.) at CHANCE ORDER NUMBER: One (1) hume,address) S.R. 60 Road Widening INITIAriO N DATE: 5/12/87 TO (Contractor): COUNTY PROJECT NO: 8430 Dickerson Florida, Inc. CONTRACT FOR: Road Widening P.O. Drawer 719 Stuart, Florida 33495 L J CONTRACT DATE: December 16, 1986 You are directed to make the following changes to this Conlrat t: Bid Item #425-8 Modification of -a P-5 Inlet to a Gutter Type V Inlet 1 each @ $900.00 = $900.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time The original (Contract Sum) (Cma'tu7d7[t#teo]nlTnifaTEDtwas ........................... $392,457.80 Net change by previously authorized Change Orders ................................... $ ---------- The (Contract Sum) (Czt=> Arkt;LwxQXX prior to this Change Order was .......... $ 392, 457.80 The (Contract Sum) (CxirtaTtxEesdc6dx=iu=jcwf) will be (increased) tidxticR'utlxb xwIjd>i Mc& by this Change Order ........................... ... ...... $ 900.00 The new (Cantract Sum) ( FdalantecAiY}oxiamaW7f7vt7dToncluding this Change Order will be ... $393,357.80 i The Contract Time will be (iRxWjt0dkkk3¢iEa Kk (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is same Authorized: _Indian River County Dickerson Florida. Inc. Indian River Count CON rRA( FOR (A MR 1A4n 25th Strept P-0— Drawer 719 Address Addr • Addre,s Vero Beach. FL 32960 Stu rt FL 33495 Vero Beach,'FL 32960 Ralph N. Brescia, P.E. 'B tei. �.... .:' Do C Scurlo Jr. DATE IrAt 5 lf;� _IsAtE AIA DOCUMENT 6761 • CMANC.E ORUER Alt tl t•f;8 IUt11UN AIA- w pt'x TNa ArMtlICAN INsnrun rs •vr.nrsrrs ens Nrw nYM •w NW wAaruNr.u.N u r ••.u. G701 — 1978 MAY1987 9 BOOK 2 MAY 2 6 1937 BOOK 68 410 ly Waiver of Floodplain Displacement Requirement - Little Harbour Subdivision The Board reviewed the following memo dated 5/14187: TO THE HONORABLE MEMBERS OF DATE: May 14, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator James W. Davis, P.E. Public Works Direct .t SUBJECT: Request for Waiver -Floodplain Displacement Requirement Ordinance 87-12 Little Harbour Subdivision Letter from Richard B. FROM: Dave, B. Cox4%c. REFERENCES: Votapka, - P. E. , Beindorf & Drainage Engineer Assoc. to Jim Davis dated April 13, 1987 DESCRIPTION AND CONDITIONS Beindorf & Associates on behalf of the developer of Little Harbour Subdivision (on the West side of A -1-A abutting the south property line of Castaway Cove) is requesting a waiver of the "cut and fill" balance requirement as contained in the Stormwater Management and Flood Protection Ordinance (87-12). The Engineer states that only 462 c.y. of material will be placed in the 10 -year Flood Plain. ALTERNATIVES AND ANALYSIS Since the Indian River in this area is an estuarine environment, and the project meets all other requirements of Ordinance 87-12 and will cause a minute water level rise in the river, staff has no objection. RECOMMENDATION --_ Staff recommends that a waiver to the flood plain displacement requirement be'granted to Little Harbour Subdivision. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) granted a waiver to the floodplain displacement requirement in Ordinance 87-12 to Little Harbour Subdivision, as recommended by Public Works Director Davis. - J._ Local Option Sales Taxes/Gasoline Taxes The Board reviewed the following memo dated 5/20/87: 10 TO: Board of County Commissioners DATE: May 20, 1987 FILE: u Charles P. Bal zun u FROM. County Administrator SUBJECT: LOCAL OPTION SALES TAXES/ GASOLINE TAXES REFERENCES: We have been requested by the Florida Counties Association to enact a resolution supporting legislation which would authorize counties to impose local option sales taxes and gaosline taxes by majority vote of the 'local elected body'. Attached is such a resolution for your consideration. This is scheduled for your May 26, 1987 meeting. Chairman Scurlock explained that he asked this to be removed from the Consent Agenda for discussion because he just wanted it made clear that we are only supporting legislation which would authorize counties to impose local option taxes for funding infrastructure needs; we are not saying that we will impose the t"axes . ON MOTION by Commissioner Wheeler, SECONDED Iby Commissioner Bird, the Board unanimously (4-0) adopted Resolution 87-47, urging the State Legislature to adopt legislation granting counties the authority to impose local option taxes for funding infrastructure needs. 1 1 BOOK 1) PA S MAY 2 6 1987 FF - MAY 2 6 1987 BOOK 4 12- RESOLUTION 87- 47 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, URGING THE STATE LEGISLATURE TO ADOPT LEGISLATION GRANTING COUNTIES THE AUTHORITY TO IMPOSE LOCAL OPTION TAXES FOR FUNDING INFRASTRUCTURE NEEDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida has mandated that all local jurisdictions comply with the provisions of Section 163.3161, Florida Statutes, the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, compliance by Indian River County will require additional expen- ditures for infrastructure needs within the County; and, WHEREAS, the County is faced with ever increasing demands for services with limited or no new revenue sources, NOW THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida: 1. The Board of County Commissioners of Indian River County, Florida urges the State Legislature to enact legislation granting Counties the authority to impose local option sales taxes and gasoline taxes by a majority vote of the local elected body. 2. The Board hereby directs staff to prepare a letter for- mally transmitting intentions of the Board to this area's Legislative Delegation, the President of the Senate, the Speaker of the House, and the Governor, and that staff use other available means to express the Board's intent. 3. This resolution shall take effect immediately upon its adoption. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 26th day of May 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: C. TOR -C. S , J CHAIRMAN ATTEST BY: FREDA WRIGHT, CLEK( APPROVED AS TO FORM AND LEGAL SUFFICIENCY K• I K. Contract with HRS re Reimbursement in Processing Child Support Services The Board reviewed the following memo dated 5/20/$7: TO: The Board of County Commissioners DATE: May 20, 1987 SUBJECT: Child Support Service of Process Reimbursement Contract FROM: Sharon Phillips Brennan Assistant County Attorney ' Attached hereto are four original contracts to be executed between the Department of Health and Rehabilitative Services, the Indian River County Sheriff's Department, and the Board of County Commissioners regarding the above -referenced subject. This agreement is essentially the same agreement that has been renewed for the past three years and requires the Department of Health and Rehabilitate Services to reimburse 700 of the County's cost of service of process from federal funds allocated for that purpose. This amount was recently raised from 66.65% to 70%. ON MOTION by Commissioner Bird, SECONDED by !i Commissioner Wheeler, the Board unanimously (4-0) approved the contract with HRS re reimbursement of 700 of the County's cost in processing ChildlSupport Services; and authorized the Chairman's signature. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERKjTO THE BOARD L. Partial Assignment of SR -60 Water and Wastewater Reservations - Total Care Systems, Inc. to Arthur A. Newton The Board reviewed the following memo dated 5/15/87: 13 BOOK �C� �'A;E �U MAY 2 6 1987 r, MAY 2 6 19G7 BOOP( 68 F,Ap, 14 TO: BOARD OF COUNTY COMMISSIONERS DATE: MAY 15, 1987 VIA: CHARLES P. BALCZUN COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY E ICE FROM: JEFFREY K. BARTON ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: PARTIAL ASSIGNMENT OF WATER AND WASTEWATER RESERVATIONS ROUTE 60 BACKGROUND Total Care Systems and A.C.T.S., who operate Indian River Estates, participated in the Route 60 assessment programs for both water and wastewater. In the past, when a property was sold, the entitled property plus the reservations for water and wastewater were assigned to the new owner. In this case, only a portion of the property and 50 ERU's of reserved capacity are being assigned to the new owners. Attached is a formal assignment of water and wastewater reservations which the attorneys for the buyer and seller want the County to acknowledge before it is placed on public records. RECOMMENDATIONS The staff of the Division of Utility Services recommends to the Board of County Commissioners that the County formally acknowledge the assignment and change our records as to the ownership of the 50 ERU's of water and wastewater. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) acknowledged the assignment and change of records as to the ownership of the 50 ERUs of water and wastewater as set out in the above memo and as recommended by staff. COPY OF ASSIGNMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M. Various Department Budget Amendments The Board reviewed the following memo dated 5/19/87: 14 01 TO: Honorable Members of the Board of County Commissioners DATE: SUBJECT: May 19, 1987 BUDGET AMENDMENT FROM: Joseph A. Baird OMB Director ACCOUNT NUMBERCCOU A NT TITLE INCREASE DECREASE 1. BOARD OF COUNTY COMMISSIONERS Expense 001-101-511-033.21 Outside Auditors $8,100 001-199-581-099.91 Reserve for Contingency $8,100 SECTION 8 RENTAL ASSISTANCE Revenue 108-000-331-074.00 Sec. 8 Rental $2,300 (Expense) Assistance Grant 108-226-554-033.21 Outside Auditor $2,300 NORTH COUNTY FIRE DISTRICT Expense 115-104-522-033.21 Outside Auditor $1,500 115-104-522-099.91 Reserve for Contingency 2. COUNTY ADMINISTRATOR Expense 001-201-512-033.49 Other Contractual Srvs. $4,127 001-100-581-099.91 Reserve for Contingency 3. EMERGENCY MANAGEMENT -Expense 001-208-525-036.72 Expense -Prior Year $12,905 001-299-581-099.91 Reserve for Contingency 4. CIRCUIT COURT Expense 001-901-516-033.19 001-199-581-099.91 5. RADIO TOWER Revenue 001-000-362-011.00 Expense 001-105-519-034.31 001-105-519-034.69 6. SHELTER WORKSHOP Revenue 001-000-334-060.00 Expense 001-106-564-088.37 $1,500 $4,127 $12,905 Other Prof. Services $24,000 Reserve for Contingency $24,000 Radio Tower Rent $5,000 Electric Services .Maint.-Other Services $2,500 $2,500 Human Services $3,234 Sheltered Workshop $3,234- 15 Boor 68 F,,A, r V51 r"__ MAY 2 6 1937 ACCOUNT NUMBER 7. COURT FACILITIES 106-901-516-066.41 106-901-516-099.91 ACCOUNT TITLE BOOP( Tnr�u�ac� Office Furn.&Equip. $31,975 Reserve for Contingency 8. WEST COUNTY FIRE DISTRICT 116-104-522-099.07 Bud Tran. -Tax Collector $500 116-104-522-099.91 Reserve for Contingency 9. SHERIFF AND COMMUNICATION CENTER Revenue 301-000-361-010.00 Interest Investment $180,000 301-000-384-010.00 Debt Proceeds $1,500,000 301-000-389-040.00 Cash Forward -Oct. 1 $1,146,667 Expense 301-132-521-033.19 301-132-521-034.02 301-132-521-035.43 301-132-521-066.41 301-132-521-066.51 301-133-521-066.45 Other Professional $190,000 All Travel $2,000 Meetings & Seminars $2,000 Office Furn. & Equip. $118,130 Const. in Progress $1,600,000 Comm. Equipment -All $ 914,537 COUNTY HEALTH BUILDING Revenue 305-000-384-010.00 Debt Proceeds $200,000 Expense 305-106-519-033.19 Other Professional Srvs.$100,000 305-106-519-034.97 License and Permits $1,000 305-106-519-066.11 All Land $99,000 Explanation: 68 FAa416 DECREASE $31,975 $500 1. Board of County Commissioners authorized Arthur Young and Company to increase the scope of the audit service. The additional cost requires -$11,900 in funds be appropriated. _2'. Moving expenses of $4,127 were incurred to relocate the County Administrator to Vero Beach. 3. Florida Power and Light Nuclear Evacuate Grant Funds for* prior year (1984/85 FY) in the amount of $12,905 had to be returned. 4. The increase caseload in the Court has required an additional $24,000 to be budgeted in professional services. S. The Radio Tower expenses have increased due to additional usage. Revenue from Radio Tower rent offsets the expense. 6. The County received a pass through a grant in the amount of $3,324 for the Sheltered Workshop Program. 7. An audio/video system for the Judges chambers was authorized by the Board of County Commissioners in 1985/86 FY. There were manufacturer delays and the equipment was not installed until the 1986/87 FY; therefore, the expense was incurred in the 1986/87 FY requiring additional funds to be appropriated. 16 Explanation (continued): 8. The actual costs the Tax Collector charged the West County Fire District for collecting taxes presently exceeds the budget by $157.21. An additional $500 needs to be appropriated for the 1986/87 FY. 9. The Board of County Commissioners has approved the overall estimated cost of the following projects: 1.» Sheriff Building and Communication Center 2. Jail Phase II 3. County Health Department Building This budget amendment appropriats funds in the 1986/87 FY. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved the above budget amendments, as recommended by OMB Director Baird. N. Approval_of Out -of -State Travel ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved out-of-state travel for Commissioner Bird to attend meeting of NACo Agricultural 6 Rural Affairs Steering Committee in Des Moines, Iowa, on June 6-7, 1987. PUBLIC HEARING - RURAL SANITATION_ REQUEST FOR RATE_INC�EASE The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit. WAY 26 1987 BOOK 17 .�.� VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of /d% /� <- L yo—F . In the / Court, was pub- lished in said newspaper in the issues of F Affiant further says that the said Vero' Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed beforem this day of A.D. A f!n 0 .. BOOK 68 r r. NOTICE OF PUBLIC HEARING Notice is herebygiven that the Board of County Commissioners of Indian River County, will hold a public hearing In the Commission Room, In- dian River County Administration Building, 1840 25th Stmt, Vero Beach, FL 32960, on Tuesday, May 26, 1987 at 9:05 AM, to consider the request of Rural Sanitation, for a residential sanitation rate increase. All interested parties will be heard , r Dated this 4th day of May, 1987. + 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,'FLORIDA Don C. Scurlock, Jr., Chairman May 4, 5, 6, *1987 Of 1 I 1 iness Manager) (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) Chairman Scurlock acknowledged the receipt of two hand - delivered letters of objection to the rate increase. (Letters are on file in the Office of the Clerk to the Board.) Jeff Barton, Assistant Director of Utilities, presented the following recommendation by staff dated 5/15/87: 18 S DATE: MAY 15, 1987 TO: BOARD OF COUNTY COMMISSIONERS THRU: TERRANCE G. PINTOD DIRECTOR OF UTILITY SE - CES FROM: LISA M. ABERNETHY�� FRANCHISE MANAGER SUBJECT: RURAL SANITATION RESIDENTIAL RATE INCREASE BACKGROUND On May 19, 1982, Indian River Board of County Commissioners updated Rural Sanitation franchise of 1961 to bring the franchise up to County standards. Since that time Rural Sanitation has not requested a rate increase in either the residential or commercial areas. Recently, Rural Sanitation requested in writing, as required by Resolution 82-51, Section 14, of a requested increase in its residential rates and submitted justification. Rural'' Sanitation - requested that the residential rates be increased as follows: $7.90 - Present Residential Rate - 3.04 - Break Even 1.09 - 10% Profit $12.03 NEW RATE REQUESTED After careful consideration and review, the Utility staff recommends the Break Even factor to prevent Rural Sanitation from being in a Loss position. The Utility Staff also recommends a 5% profit increase. Staff has taken into consideration that Rural Sanitation has been under new management for a 5.5 month period and feels that the quality of service has improved. However, staff only recommends a 5% profit increase, due to this short period of time under the new management. Staff agrees, if Rural Sanitation continues to operate in a prudent and efficient manner, they may return in one year and request the additional 5% profit. Consideration has been given, that the customer has the right to choose his or her franchise hauler. Should the Board of County Commissioners approve Staff's recommendation, Rural Sanitation's residential rates would increase as follows: $7.90 - Present Residential Rate 3.04 - Break Even 0.54 - 5% Profit $11.48 NEW RATES AS RECOMMENDED BY STAFF RECOMMENDATION Utility Staff recommends that the Board of County Commissioners authorize the residential rate increase of $3.58, as outlined above, with the understanding that Rural Sanitation may return in one year and request the additional 5% profit increase. 19 BOOK ,r 9 r, MAY 2- 6 1987 BOOK Mr. Barton distributed copies of the financial data supplied by Rural Sanitation. (Material is on file in the Office of the Clerk to the Board.) Commissioner Bird asked who did the analysis, and Jeff Barton, Assistant Director of Utilities, advised that he and OMB Director Joe Baird walked Franchise Manager Lisa Abernethy through the financial analysis. Commissioner Bird asked if staff had a chance to go back and analyze the projected expenses under the new ownership, as it appeared to him from the following consolidated statement ending September 15, 1986 that repairs are running considerably higher than repairs done in the same months in the 1985-86 income tax state. He also pointed out that salaries and wages under the new ownership are considerably higher than in the entire previous taxable corporate year. Commissioner Bird wondered if perhaps under the new ownership, we were playing some games with figures as far as padding some expenses. 20 SURAL SANITATIOhI StRVIGE, INC. C INCOME. STATEMEN7 CONSOLIDATED STATEMENT PERIOD END1NGa SEPTEMBER � ;, 1966 CURREhIT % YEAS -TO -DATE INCOME INCOME 134, 9'6.81 99.9 372, 804.27 INTEREST INCOME 103.12 .1 21596.34 --------------_-t------ TOTAL INCOME 155, 02 ?. 9w 100.0 575.j40.61 EXPENSES GAS & OIL 12, 022.81 7.8 38,557.04 ADVERTISING .00 .0 288.30 LEGAL & ACCOUhITiNc 825.00 .5 69374.73 RADIO EXPENSE 365.65 .2 11405.31 DEI-"SECIATioN (22, 457.25) (14.5) 9, 634.00 DUES & SUBSCRIP•r om .00 .0 73.00. INSURANCE (6, 990.75) (4.5) 43, 606.17 DU14P FEE 31, 338.20 20.2 136, 886.98 EMPLOYEE MEDICAL .00 .0 1, 827.34 CASUAL LABOR 40.00 .0 373.00 TAXES 6, 321.83 4.1 169015.53 FREIGH'r .00 .0 403.70 RENT 900.00 .6 5, 4!00.00 SALARIES - OTHER 659 047.70 42.0 189, 353.70 SUPPLIES 11443.78 .9 7,51.80 OFFICE, PRINT & POSTAGE 1, 673.09 1.1 6.j:06.57 UTILITIES AND TELEPHONE 1, 164.79 .8 6, 109.46 REPAIRS & MAINTENANCE 740.2; .5 1, 568.79 MAINTENANCE - OTHER 127.80 .1 51126.88 MAINTENANCE - TRUCES 32,354.05 20.9 119,798.53 FRANCHISE. FEES 1.0, 449.5;6 6.7 10, 49.56 OUTSIDE SERVICES 21331.20 1.5 11, 46.90 BAD DEBT EXPENSE 31527.62 2.3 39 527.62 TOTAL EXPENSES -----______ 141, 227.35 ----------- 91.1 622, X2,89.11 ----------- OPERATING INCOME 13, 802.58 8.9 (46j@88.50) OTHER INCOME GAIN-REVALUATioN OF ASS 206,519-00 133.2 206, x;19.00 ----------- ------- TOTAL OTHER 1NGOME 206, ::;1.9.00 133.2 206, *19.00 !r._..»___ ----------- ---- - NG• T INCOME • 220, .321.58 142.1 159, 6, 0.50 Mr. Barton explained that there is some overhead that has 99.3 .5 100.0 6.7 .1 1.1 .2 1.7 .0 7.6 23.8 .3 .1 2.8 .1 .9 32.9 1.3 1.1 1. 1 ■3 .9 20.8 1.8 2.0 .6 108.1 (8.1) 35.9 35.9 21.7 been distributed, which was never there before when it',was under the single ownership. In addition, the firm has been ;trying to bring their equipment up to standards by doing repairs, maintenance, and cleaning. Commissioner Bird pointed out that they are usingl, those months to justify their rate increase, and wondered if those are 21 MAY 6 1987 BOOK O r'd';`r. �� _& MAY 2 6 193 Ohl r �e" 800 really normal operating months, because there are some'big expenses included for that period. Mr. Barton pointed out that their year ending March 31, 1986 is the test year, and they have supplied us with supplemental information for the 51 months from that date to September 30, 1986. Commissioner Wheeler asked how this rate increase would affect Harris Sanitation, and Mr. Barton explained that Harris would have to come in with a separate request for a rate increase, and staff would have to review their financial status before making a recommendation to the Board. He emphasized that Rural's request for a rate increase is for residential customers only. Commissioner Wheeler asked if other collection firms could come in and request franchises for garbage pickup, and Mr. Barton confirmed that they could. Attorney Robert Jackson, representing Rural Sanitation, recalled that the County first got into the franchise business back in 1960-61 because there was a proliferation of out -of -county haulers servicing Indian River County. The County granted franchises to R or 5 of the existing collection firms, and established that no others could come in. In 1982 when Harris bought out Indian River Sanitation Service from C. Reed Knight, Jr., the County redid its entire franchise agreement, stating that Harris and Rural could handle the trash collection in the County unless the Commission determined there was a need for additional firms to service the area. The reason the County sets the rates is to protect the public. Attorney Jackson felt that Harris, being the largest company, believes that they are going to ride piggyback on Rural's request for a rate increase. Mr. Barton pointed out, however, that they will have to go through a financial analysis and justify an increase. Utilities Director Terry Pinto emphasized that if it is found that a franchise does not operate prudently, the County can 22 penalize them by denying the rate increase. With respect to Rural's request for a 10% increase, staff is recommending only a 5% increase because we don't have a sufficient period of experience under the new owner to justify the 10% profit. Director Pinto did not believe that the numbers we allowed to be used to justify the rate increase included the new salaries and wages and were not part of the test year. Mr. Barton advised that part of it was included. Peter Wright of Rural Sanitation explained that the test year was taken off the September 15, 1986 tax return which was done at the end of the previous ownership. That is thy: most recent data, and it has nothing to do with the purchase by Hudson Management Corporation effective September 15, 1986. Commissioner Bird felt that if he bought a company that was losing money to the tune of $103,406 in their last taxable corporate year, he would not begin new management by increasing monthly salaries to any great extent in the first 4-5 months. Mr. Wright emphasized that all the information here was during the prior ownership; it is not since they purchased the company. Thus, the salaries are the same. Commissioner Bird stated that if he was the previous owner, and knew he had the company sold, he would not have increased salaries or made that amount of repairs during those 5 months. Utilities Director Terry Pinto felt it was a Catch 22 situation and they were concerned about the amount of repairs in the long run situation. When you are looking at the difference between profits and operating costs, the utility only passes through their expense costs -- they have to pay for repairs. Replacement of equipment becomes part of your investment and the returns on that investment become part of the profit. Commissioner Bird remained concerned over the substantial increase in salaries during that 5 -month period and asked Mr. Wright for an explanation of the following Supplemental Statement of Income -and Expenses for fiscal year ending September 15, 1986: b 23 BOOK S BOOK b f'�jGE 4? RURAL SANITATION SERVICE, INC. Statement of Income and Expenses - And Residential Pro -ration For the five and one half months ending September 15, 1986 TOTAL INDIAN INDIAN APRIL 1,1986- RIVER RIVER SEPT 15, 1986 COUNTY COUNTY 5.5 MONTHS PER MONTH REVENUES INCOME $572,804 INTEREST INCOME 2,596 ------------- TOTAL INCOME 575,400 EXPENSES ADVERTISING 289 BAD DEBTS 3,528 CASUAL LABOR 375 DEPRECIATION 9,634 DUMP FEES 136,887 EQUIPMENT'REPAIR 119,799 FRANCHISE FEES 10,450 GAS a OIL 38,557 INSURANCE 46,184 LEGAL a ACCOUNTING 6,375 OFFICE EXPENSE 6,251 OUTSIDE SERVICES 11,447 RADIO EXPENSE 1,405 RENTS 5,400 .REPAIRS 6,777 SALARIES a WAGES 189,354 SUPPLIES 7,452 TAXES 16, 016 UTILITIES a TELEPHONE 6,109 ------------- TOTAL EXPENSE 622,289 ------------- NET PROFIT/(LOSS) (#46,889) CAPITAL GAIN REVALUATION OF ASSETS TAXABLE INCOME (9/15/86 FED 1120) $206, 519 $159,630 $160,765 N/A ----------- 160,765 61 986 375 3, 854 47,910 59,900 11608 19,279 18,474 2,550 2.580 4,579 562 2,160- 2,711 42,480, 3.726 6,406 2,444 222,583 061,818) PRESENT RESIDENTIAL RATE BREAK EVEN ($11,240 /3700 CUSTOMERS) 10% PROFIT NEW RATE $29,230 N/A ----------- 29,230 15 179 68 701 8, 71 1 10,891 292 3,505 31359 464 455 833 102 3.93 493 7,724 677 1,165 444 40, 470 011, 240) $7.90 3.04 1.09 x612.03 SALARIES a WAGES - Salaries 8 wages were calculated using the salaries of 3 drivers, 4 helpers, 1 office employee and 1/2 the manager's salary. This was allocated at 75% of the total. (4.5 days of the.6 day work week). Mr. Wright also reviewed the following Comparison Using Proposed Mandatory System for the year ending 9/15/86: 24 RURAL SANITATION SEPVICE. INC. Comparsion Using Proposed Mandatory System For the five and one half months ending September 15, 19861 TOTAL APRIL 1,1986 - SEPT 15, 1986 REVENUES INCOME $572,804 INTEREST INCOME 2,596 ------------- TOTAL INCOME 575,400 EXPENSES ADVERTISING 289 BAD DEBTS 3,528 CASUAL LABOR 375 DEPRECIATION 9,634 DUMP FEES 136,887 EQUIPMENT REPAIR 119,799 FRANCHISE FEES 10,450 GAS 8 OIL 38,557 INSURANCE 46,184 LEGAL a ACCOUNTING 6,375 OFFICE EXPENSE 6,251 OUTSIDE SERVICES 11,447 RADIO EXPENSE 1,405 RENTS 5,400 REPAIRS 6,777 SALARIES 8 WAGES 189,354 SUPPLIES 7,452 TAXES 16,016 UTILITIES a TELEPHONE 6,109 TOTAL EXPENSE 622,289 ------------- NET PROFIT/(LOSS) ($46,889) REVALUATION OF ASSETS $206,519 ------------- TAXABLE INCOME. (9/15/86 FED 1120) $159,630 INDIAN RIVER COUNTY 5.5 MONTHS $160.765 N/A ----------- 160,765 81 986 375 3,854 47,910 59,900 1,608 19,279 18,474 2,550 2,500 4,579 562 21160 2, 71 1 42,480 3,726 6,466 2,444 222,583 ($61,818) PRESENT RESIDENTIAL RATE BREAK EVEN (LOSS/# of CUSTOMERS) 10% PROFIT NEW RATE INDI�N RIV R COUNTY PER MONTH $29,230 -------- i-- 29,230 15 179 68 701 8, 71 1 10,891 292 3,505 3,359 464 455 8:3 1 2 303 • 493 7,724 677 11165 444 4B.47B (511.2 0) CURRENT BILLING SYSTEM $7.90 3.04 1.09 ----512.3 5000 CUSTOMERS PROPOSED SYSTEM $39,500 N/A 39, 500 15 - 179 68 701 -11,772 - 10, 891 395 3,505 3,359 464 455 833 102 393 493 7,724 677 1,165 444 43,633 ($4,133) PROPOSED MANDATORY SYSTEM Attorney Jackson noted that they also have had to add some extra men because the County prohibited them from collecting residential and commercial before 6:00 o'clock A.M. Commissioner Bird asked if we have ever gone to an outside financial consultant on these franchise analyses, and Director 25 SAY 2 6 1987 BOOK $7.90 0.83 0.87 $9.60 MAY 2 6 1987 Boos 68 PAr-3t 4?6 and Pinto said that we usually go to consultants for water and sewer analysis, which are somewhat more complicated than garbage collection. However, if we see something in these franchises where the costs are out of line with the normal of the industry, we would go to an outside firm for assistance. Director Pinto believed that the proposed rates are well within line with competition in other areas, and pointed out that the last time Rural received an increase was back in 1986 when they received permission to pass through only the County Landfill rate increases to their customers. The only increase prior to that was back in 1982 when their franchise was brought up to County standards. Commissioner Bird returned to the matter of salaries and found it difficult to believe that the salaries and wages for 8 employees amount to approximately $35,000 a month, because that is what it amounts to when you divide $189,354 by 5-1/2 months. Mr. Wright explained that the total of salaries shown on the Consolidated Statement of 9/15/86 is rather deceiving, because the actual salaries and wages for employees involved in the collection of residential in the unincorporated areas of the county actually amount to approximately $7,724 a month. Commissioner Bird wished that had been explained in the beginning, but emphasized that he would prefer to have a statement showing specific costs and salaries for each area of collection, rather than having to formulate an estimate of the costs from a consolidated statement. Commissioner Wheeler emphasized that anyone in the county who decides that Rural's rates are too high can pick up the phone and switch over to the competitor. Chairman Scurlock recalled that back in 1980 when we had 4-5 hauling companies serving the county, there was a tremendous fear on the part of some members of the County Commission that the large operators would force the smaller companies out of business, and, without any competition, the rates would escalate. 26 � s � There was a concern at that time that we would end up dealing with only one provider of service. Director Pinto felt that both collectors would have lower operating costs, and therefore lower rates, if the county were divided in half with only one company servicing each area. That would eliminate the duplication of having Harris and Rural collect on the same streets. He felt that is something that the County should seriously consider in the near future. Commissioner Wheeler had a serious problem with setting rates for these firms, when people have the option of switching to the competitor or taking their trash to the dump themselves._ Attorney Jackson pointed out that the County is only setting the maximum rate that Rural may charge their customers. He also pointed out that people have the option of dumping their trash.at a transfer station. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Bill Nelson, 230 14th Street, agreed that a solution to this problem would be to designate the areas for each franchised hauler to eliminate duplication of collection, because,,lower operating costs for the haulers surely would result inl'lower rates for the customers. He urged the County to move ahead on this now. Chairman Scurlock advised that this is being considered now under the process of redoing the master plan with respect to our entire approach to solid waste, and, hopefully, it will be implemented in the next year or year and a half. In addition, we will be manning all of the transfer stations because right now a large part of our community is getting a free ride by dumping their trash at an unmanned transfer station. Commissioner Bird felt there was a lot of pros and cons on designating separate collection areas, but felt it wound make it easier to get actual accountings of the firms' expenses, profits, etc., and thereby enable the County to govern their rates MAY 2 6 1987 27 BOOKbbr''r° MAY 2 6 1987 Boor; 19T accordingly. On one hand, he felt the separate territories made sense, but on the other hand, he believed competition was very beneficial. Director Pinto pointed out that there would be competition among the commercial collectors. He emphasized that in the future, we may have to require residents to have their trash collected. There being no others who wished to speak in this matter, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Wheeler, that the Board adopt Resolution 87-48, authorizing a residential rate increase for Rural Sanitation, Inc. of $3.58 per month, effective June 1, 1987. Under discussion, Commissioner Bird stated that once again he was putting a lot of faith in our Utilities Dept.'s assessment of the company's financial status and integrity. Director Pinto pointed out that Rural will have to come back in 5 or 6 months to get the balance of the increase they requested, and will undergo another complete financial analysis at that time. Commissioner Wheeler understood that at that time the County has the option of going in and readjusting the rates downward, and Director Pinto confirmed that the Board has that ability. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously, 4-0. (COPY OF RURAL SANITATION SERVICE, INC. REQUEST TO INDIAN RIVER COUNTY FOR A GARBAGE & TRASH RATE INCREASE — ON FILE IN OFFICE OF CLERK TO THE BOARD) 28 5/87(Resol)UTIL(Pa) RESOLUTION NO. 87- 48 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 82-51, AS AMENDED BY RESOLUTIONS 86-23, 86-31 AND 86-114, WHICH NEW AMENDMENT WILL AUTHORIZE A RESIDENTIAL RATE INCREASE FOR RURAL SANITATION, INC. OF $3.58 PER MONTH. WHEREAS, Rural Sanitation notified the Utility Department in writing, as required by Resolution 82-51, Section' 14, of a requested increase in its residential rates andj submitted justification; and WHEREAS, the Utility Services Department has reviewed Rural Sanitation's request and recommends that the requested breakeven amount of $3.04 be allowed, with a 5% profit increase of $0.54, instead of the requested 10% profit, with the understanding that within one year Rural Sanitation may return, and, after showing that they have operated in a prudent and efficient manner, request an additional 5% profit increase; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that effective with the next billing cycle, that Rural Sanitation Service isl authorized to increase its rates by $3.58 per month per residential ,customer so that the original residential charge per month will be increased as follows: $7.90 - Original Residential Charge Per Month 3.58 - Increase $11.48 - TOTAL The foregoing resolution was offered by Commissioner Bowman who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Ave Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. BirdAvp Commissioner Carolyn K. Eggert Ayp Commissioner Gary C. Wheeler 4e Bou MAY 2 6 1987 py 2 6 `1937 BOOK 6 The Chairman thereupon declared the resolution duly passed and adopted this 26th day of May, 1987. Attest Freda Wright,' Ckb Approved as to form and legal sufficiency: Charles P. Vituna -64 County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Don C. Scurlock, Jr. Chairman Approved for Utility/ -Nat ers: G Terrance G. Pinto, erector Div. of Utility Services LANDCLEARING/TREE REMOVAL VIOLATION - ROBERT MOONEY AND GUETTLER & SONS The Board reviewed the following memo dated 5112/87: TO: The Honorable Members DATE: May 12, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: LANDCLEARING/TREE REMOVAL Robert M. Kea ng, •ICP VIOLATION: ROBERT MOONEY Planning & De lot Director AND GUETTLER & SONS -THROUGH: Michael K. Miller MP Chief, Environmental Planning FROM: Roland M. Deslois "D REFERENCES: MOONEY MEMO Staff Planner Disk. ROLAND Environmental Planning Section It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on May 26, 1987. DESCRIPTION & CONDITIONS: On April 23, 1987, County staff observed that parcel numbers 10-32-39-00000-3000-00016.0 and 09-32-39-00000-1000-00003.0 had been cleared, including the removal of three (3) protected trees prior to the issuance of tree removal and landclearing permits. The subject property is approximately 100 acres in size, and is located on the north side of South Winter Beach Road (65th Street), just east of Lateral "G" canal. The property has recently been rezoned from RS -6 to RS -3, Single Family Residential District. 30 The clearing observed was in association with 23 survey tran- sects, running north -south on the subject property. The transects range in width from 14 to 43 feet (averaging 15 to 17 feet in width), and are estimated to range from 600 to 1,700 feet in length. The property is owned by Larue Equities LTD. CO., represented by Mr. Robert Mooney, and was cleared by Guettler &iSons, Inc. of Fort Pierce. The clearing of the survey lines was performed on the property to provide topographic data for submittal to the. County as support information to the Sand Ridge Country Club Estates preliminary plat application, submitted prior to the recent rezoning of the property. ALTERNATIVES & ANALYSIS: Section 231-6(a) & (b), Tree Protection, of the Code of Laws and Ordinances of Indian River County, Florida prohibits the performance of.any tree removal, landclearing o grubbing unless tree removal and landclearing permits have:first been issued by the County. The ordinance further species that a violation shall be -punishable upon conviction by a fine not to exceed five hundred dollars ($500) per tree and landclealring activity or by imprisonment in the County jail for up to sixty (60) days, or both. Section 231-7(a) of the Tree Protection Ordinance exempts from permitting the clearing of a survey path not to exceed four (4) feet in width for the preparation of subdivision plats, or the - clearing of a path not to exceed ten (10) feet in width for the °purpose of soil bore testing. In either case, the ordinance specifies that no protected vegetation is to be clealred as part of the exemption. The clearing that occurred does not satisfy exemption criteria, in that path width maximums have been substantially exceeded, and protected trees have been removed. Based on the illegal landclearing and number of protected trees removed, the maximum fine in this case is $2,000.00.1 The owner has submitted a check to staff to obtain an after -the -fact landclearing permit, which is being held until the Commission addresses the matter. X_ STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners consider obtaining a.voluntary payment of $2,000 dollars, in addition to the requirement of after -the -fact permits. In the event that any said agreement is not forth -coming, staff recommends that y the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. Planner Roland DeBiois explained that the path cleared for survey transects averages between 15-79 ft. in width, but goes to 43 ft. at some points where equipment turned around. He pointed out that Section 231-7A of the Tree Protection Ordinance provides for 4 -ft. -wide paths for the preparation of subdivision plats and 31 BOOK NAY 2 r: MAY 2 6 1987 BOOK f}� f 43 the clearing is not to exceed 10 feet in width for the purpose of soil bore testing. In either case, the Ordinance specifies that no protected vegetation is to be cleared as part of the process. Chairman Scurlock wondered how one would turn a truck around in a space only 10 -ft. wide, and Planner DeBlois explained that the 10 ft. restriction was determined after substantial input was received at workshops; however the ordinance really does not make accommodations for turning around. In this particular case, however, it seems that the 23 transects were beyond what was necessary for just soil bore testings, and staff feels that the primary purpose of the transects were for a topography survey. Chairman Scurlock felt that perhaps we should provide them adequate space for their equipment to turn around, but Mr. DeBlois believed that the clearing was done in association with the topography survey and did not believe they did it for any other reason. He explained that this was brought to the Board because of the Ordinance specifications, and felt that perhaps it might be a good time to look at the 10 -ft. width maximum for soil bore testing. He emphasized that staff still feels that a 4 -ft. wide path is sufficient for topography surveys. In this particular case they chose to use machinery for the job, instead of clearing it by hand. Commissioner Wheeler believed that to clear a path on that large parcel by hand would have taken 3 good men an entire year. However, he understood that 3 protected trees were removed during the process. Robert Keating, Director of Planning & Development, emphasized that the 10 -ft. requirement was changed from 4 feet this past year after the input at many workshops. Tommy Guettler of Guettler i; Sons, Inc. stated that he had never been cited before, and was not here to argue with the County. He felt the problem with this area was due to the very dense underbrush, and by using a track dozer, he was able to clear this property in less than a week; it would have cost the 32 owner a great deal to have it cleared by hand. Mr. Guettler admitted that he is aware of the County's Tree Protection Ordinance, but emphasized that he did the clearing under the supervision of a representative of the owner who kept trim in line with the coordinates for the topography testing. Planner DeBlois circulated colored photographs of',the path that was cleared. Mr. Guettler explained that the bulldozer they used had a 12 -ft. blade on it, but pointed out that in 4-5 months, that path would be grown over to the extent that it would be only 8 feet wide or so. Chairman Scurlock asked if a smaller blade could have been used, and Mr. Guettler believed he could have used a 5 -ft. blade, but he chose the 12 -ft, blade because he believed it was the best for the job. He explained that the brush is pushed tolthe sides in order to get a straight line all the way through for the survey. Mr. DeBlois pointed out that a land clearing permit could have been issued to allow for a wider lane of clearings but they would not have received permission to remove the 3 trees at that time. Mr. Guettler advised that his contract with the owner was on an hourly basis, and stated he was willing to pay whatiever the Commission decides is his share of the violation. He stated that the Commission would not have any trouble with him in the future in these matters. Commissioner Bowman did not understand why they had to cut a width of 43 feet to run a transect, and Mr. DeBlois explained that 43 -ft. was the maximum width of the path which apparently happened when the dozer turned around. The average widths are between 15 and 17 feet. Mary Jane Goetzfried of CCL Consultants explained that they were hired by the owner to do the topography survey for the ,MAY 2 6 19EV 33 Boor PA E P� BOOK f',�GE 43 purpose of obtaining an application for the preliminary subdivision plat for Sand Ridge Country Club Estates. She emphasized that it was for that reason only those lines were cleared for the entire length of the property and for no other reasons. Mrs. Goetzfried pointed out that land clearing and tree removal permits were submitted with their preliminary plat application, but after the applicant requested a topography survey, she contacted Mr. DeBlois and was told that the ordinance did not pertain to topography surveys and there was no mention of a 4 -ft. limit on the paths. She believed Mr. DeBlois will verify that. When the owner and CCL became aware that there was a problem with the size of the lanes that were cleared, she and Mr. Mooney walked the property and took the photograph that was before the Board this morning. She felt it was obvious that an extreme effort was made to avoid quite a few trees. In fact, she believed that to have removed only 3 threes in the entire 100 acres was a feat in itself. Mrs. Goetzfried felt this is a unique piece of property and that there were extenuating circumstances in that they were required to comply with an ordinance that is not yet in place, that being the Sand Ridge Protection Ordinance. She emphasized that they supplied staff with detailed topography data, did a vegetation analysis, and soil borings that normally would not be submitted for a preliminary plat. She urged the Board to consider the extenuating circumstances in this case, and emphasized that out of the 61 miles of line, only 3 trees were knocked over. Director Keating stated that they were applying the Stormwater Management Ordinance which does not have a specific definition of the sand ridge. Lengthy discussion ensued regarding the reason behind using the definition of the sand ridge that is included in the Sand Ridge Protection Ordinance which is not yet in effect. Commissioner Bowman wondered why they were even thinking about digging retention ponds there, because she believed there 34 can be no question where the sand ridge is, if you use 'the government's standard which is based upon a biological ,,survey. She felt it was obvious that every one of the photographs showed that land to be sand ridge, because if there is scrub pine, scrub oak, or rosemary, it is sand ridge, regardless of the topography. Planner DeBlois advised that the study showed the parcel to be transitional. The southwest corner of the property',is not on the sand ridge, and the remainder is on the ridge. He,disagreed with Mrs. Goetzfried in that a soil bearing test was a', requirement on all 23 transects, and Mrs. Goetzfried emphasized that their client went to a great deal of expense in having these - tests made and they have cooperated in working with staff to determine the location of the sand ridge in order to be allowed to build a lake on the parcel. Robert Mooney, representing LaRue Equities LTD., Pointed out that in some places there are 10 -ft. differences in elevation; however, he did not feel that he paid for anything more than what was required. All the clearing was done for the purpose of getting the preliminary plat, not for the purpose of clearing the property. Commissioner Bird believed that the violation was unintentional and that the property owner has paid dearly for the services of having that clearing done and for all of the points shot to get the elevations. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) required an after -the -fact permit for landcliearing at triple the normal required amount. Commissioner Bowman just felt that this is one of the biggest messes that she has ever seen, and that it isltime to review our requirements. If our Stormwater Management Ordinance does not apply to the sand ridge, it is time that it cid. 35 AY 2 6 1987 BOOK MAY 2 6 1987 BOOK, 436 Further, she could not see any necessity for requiring this owner to do a topography survey to determine if it was sand ridge. If there was a little corner that was in question, that is where the study should have taken place. DISCUSSION RE COMPUTERS AND CAD SYSTEM REQUESTED BY PROPERTY APPRAISER Property Appraiser David Nolte reported that his office is in the final stages of preparing their budget for next year and one of the things they are looking to do is get into a program for computer-generated maps. He has received two proposals and the total cost would be approximately $100,000 over a period of 1-2 years. One possible source of funding they would like the Board to consider is the monies generated by selling copies of the maps. At present those monies go directly into the Commission's account, and sales have been running the neighborhood of $12,000-$13,000 a year, and he believed that figure would reach $15,000 this year. Mr. Nolte noted that other counties have experienced continued growth in revenues from the sales of these maps. He asked if the funds generated by the sale of maps could be committed to fund the computer program. Chairman Scurlock wanted to make sure that we could have a fully integrated system with what we are doing in utilities and planning. He believed these maps would be a tremendous asset to the builders and developers in the community and would be highly used for the site plan process. However, he felt that funding from the general fund would have to be part of it. Mr. Nolte believed there would be literally no end to what we could put into this system once it is set up. Commissioner Wheeler recommended that Mr. Nolte take a look at the maps produced by the new computer software in Emergency Management with regard to hurricane warnings, etc. He believed that streets could be added or deleted to the maps, along with 36 } III the location of utility lines, water and sewer lines,lldump stations, etc. It could save a lot of money if it is compatible with what we want to do. Mr. Nolte advised that he and his staff have done a lot of research on this type of program, but he would be glad to look at the maps used by Emergency Management. Commissioner Wheeler asked how long it would take 'Ito work this out with staff, and Mr. Nolte believed this is something that should be worked out at budget time. He stated that his office is willing to put a little bit of money into it, but asked that the Board give conceptual approval today. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously approved - the concept of the proposed program and authorized Administrator Balczun and staff to work with the Property Appraiser to prepare a more detailed presentation to be made at budget time as to funding alternatives and examples of how the program works. Mr. Nolte advised that he would have the vendor who they consider the best come in and give a detailed presentation to the Board. DISCUSSION RE MODIFICATION OF UTILITY DEPOSIT REQUIREMENTS Chairman Scurlock explained that he placed this item on the Agenda after talking with Mr. Deiters and several other constituents, who object to the Utilities Dept.'s requirement for an $80 deposit. People are questioning why it takes 30 months to establish good credit and why their deposit is returned without interest at the end of that time. He felt we need to reevaluate our ordinance so that the County pays a minimum interest fee.on the $80 deposits or have an earlier release of 37 BOOK C,.;cP� MAY 2 6 IS87 1987 BOOK the deposit once_a customer has established a good credit rating. The Chairman believed it was unfair to keep someone's deposit for 30 months without paying any interest. Commissioner Wheeler agreed with Chairman Scurlock, but Director Pinto explained that when a government owns a utility, the taxpayers end up paying for the deadbeats. He also pointed out that recent legislation prohibits us from going after owners of rental units and allows us only to go after the renters themselves. Our only recourse is to go to court, and that becomes a utility expense. Director Pinto argued that if the County did pay interest, it would reduce the revenue in the utility rate structure. The customers have to pay for any losses incurred by this utility; it really is not a stockholders' situation. Our current loss situation is less than 50. Chairman Scurlock felt that the onus for establishing good credit should be on the customer, and if he cannot, then he must pay a deposit; however, if he is able to establish very good credit, he should get his deposit back earlier. Director Pinto argued that tracking the deposits would pose some difficult, and felt that if we go ahead with that policy, we must realize that we have to make up for any losses incurred by deadbeats. Commissioner Wheeler suggested a compromise of returning the deposit earlier, and Chairman Scurlock emphasized that he just wanted the Commission to explore the possibility, because this requirement has been creating some bad public relations, and he pointed out that public relations is an important part of the utility business. He pointed out that the City of Vero Beach pays interest on their deposits. Commissioner Bird agreed with Director Pinto in that it would be very difficult to track the deposits, and Commissioner Bowman felt it was a question of whether the cost of tracking the deposits would offset the cost of the public relations. 38 _ M surrounding counties to see how they handle deposits and bring it back to the Board. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously ('4-0) authorized staff to survey the surrounding counties to see how they handle utility deposits and bring it back to the Board. James Deiters., 2415 4th Place, questioned why he was not - allowed to contact the utilities he used up north for 25 years to establish good credit. He emphasized that his deposit with Florida Power 8 Light was returned in 6 weeks. Mr. Deiters realized that in some deadbeat situations, the County would have to rob Peter to pay Paul, but he questioned the County's legal right to use his money for 30 months without paying any interest. He realized that the amount only represents a couple of rounds of golf, but he maintained that it is the principle of the matter. 'LAND DEVELOPMENT PERMIT - GRAND HARBOR DRI - PHASE II EARTHWORK PLAN The Board reviewed the following memo dated 5/18/87: TO: The Honorable Members of the DATE: May 18, 1987 FILE: Board of County commissioners THROUGH: Charles P. Balczun, County Administrator James W. Davis, P.E. Public Works Dir SUBJECT: Land Development Permit - Phase II Earthwork Plan Grand Harbor DRI FROM David B. Cox, REFERENCES: Drainage Engineer DESCRIPTION AND CONDITIONS At their -regular meeting of April 14, 1987, the Board directed staff to continue to provide the Board the opportunity to review the issuance of 39 MAX 2 6 1987 BOOK 4,'_ '9 V Chairman Scurlock just wanted to have staff survey the surrounding counties to see how they handle deposits and bring it back to the Board. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously ('4-0) authorized staff to survey the surrounding counties to see how they handle utility deposits and bring it back to the Board. James Deiters., 2415 4th Place, questioned why he was not - allowed to contact the utilities he used up north for 25 years to establish good credit. He emphasized that his deposit with Florida Power 8 Light was returned in 6 weeks. Mr. Deiters realized that in some deadbeat situations, the County would have to rob Peter to pay Paul, but he questioned the County's legal right to use his money for 30 months without paying any interest. He realized that the amount only represents a couple of rounds of golf, but he maintained that it is the principle of the matter. 'LAND DEVELOPMENT PERMIT - GRAND HARBOR DRI - PHASE II EARTHWORK PLAN The Board reviewed the following memo dated 5/18/87: TO: The Honorable Members of the DATE: May 18, 1987 FILE: Board of County commissioners THROUGH: Charles P. Balczun, County Administrator James W. Davis, P.E. Public Works Dir SUBJECT: Land Development Permit - Phase II Earthwork Plan Grand Harbor DRI FROM David B. Cox, REFERENCES: Drainage Engineer DESCRIPTION AND CONDITIONS At their -regular meeting of April 14, 1987, the Board directed staff to continue to provide the Board the opportunity to review the issuance of 39 MAX 2 6 1987 BOOK 4,'_ '9 MY 2 6 1997 BOC1i( 68 -fid development permits for the Grand Harbor DRI. The Public Works Department is now ready to issue a Land Develognent Permit for the Phase II Earthwork plan, with the Board's concurrence. Grand Harbor, Inc. has received it's DER Permit (#311043029), Army Corps of Engineers Permit #851PK-20563), and it's St. Johns River Water Management District Permits 04-061-0075M4 and #4-061-0075M5) to construct the Phase II Earthwork Plan. The Plan, upon which all the permits are based proposes construction in a 165 acre area including: 1. Excavation of seven lakes and completion of three other lakes that were partially included in the Phase IA Land Development Permit. 2. Clearing and rough grading of fifteen golf holes. 3. Up to twelve of the fairways will be utilized for pesticide laden soil disposal area. 4. Clearing and rough grading of part of the loop road. 5. Construction of water control structures connecting the lakes to the estuarine area. Final grading of the Golf Course and construction of the Golf Course drainage system will be addressed in a site plan that will be overlaid on the Phase II Earthwork site. The Golf Course site plan will be reviewed separately by the Planning and Zoning Commission. ALTERNATIVES AMID ANALYSIS The St. Johns River Water Management District permits include conditions relating to the following issues: 1) Monitoring and protection of the saltwater - freshwater interface prior to and during lake excavation. 2) Allowing dewatering during lake construction. 3) Allowing construction of the Aqua. Range lake only to a depth of twenty feet. All other lakes are limited to maximum depth of ten feet. 4) Submission of a Plan for deep lake detention with mechanical mixing prior to excavating the Aqua Range lake beyond a depth of ten feet. 5) Monitoring of stormwater treatment standards with provision for taking corrective measures and submitting a revised treatment plan in the event that the stormwater system does not provide the necessary pollutant removal. 6) Obtaining consumptive use permits or exemptions for all wells on site prior to lake construction. Aside from state and federal inspections and monitoring, County Staff will also make inspections. Field inspections will be made to ensure that 1) erosion control and pesticide laden soils are properly handled, and 2) the lake littoral zone vegetation is established. REcpv2-MIDATIONS Staff recommends that the Board of County Commissioners allow Public Works to issue the Land Development Permit for the Grand Harbor Phase II Earthwork with the Permit conditions outlined in Attachment # 11. % ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized Public Works to issue the Land Development Permit for the Grand Harbor Phase 11 Earthwork with the conditions outlined in Attachment #1. 40 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (305) 587-8000 May 18, 1987 Grand Harbor, Inc. c/o Schaub Communities 660 Beachland Blvd. Vero Beach, F1 32963 Suncofn Telephone: 424-1011 ATTACHMENT #1 RE: Grand Harbor Phase II Earthwork, Land Development Permit #031 Dear Sirs: Enclosed is the Land Development Permit for the subject project. Please be advised that the County shall inspect the work as required and that the contractor shall request all inspections as noted on the permit. Below are the Land Development Permit conditions for Grand Harbor Phase II Earthwork: 1) Grand Harbor will provide notification to the Public Works Division to facilitate scheduling the following inspections of pesticide laden soils operations: a) Construction of the separation basins b) Pumping or trucking from the estuarine area to the separation basins c) Pumping from the separation basins to spreader trucks d) Deposition of material on fairways e) Backfilling to a minimum cover of one foot on fairways 2) The applicant shall notify the Public Works and Planning Departments immediately upon completion of Phase II earth- work, which includes excavation of lakes. Upon notice, said departments may perform inspections. Within 30 days of such inspections the lake littoral zones shall be established. The applicant shall arrange for a County inspection of the littoral zones no later than 25 days from the time of the County inspection of the Phase II earthwork. 3) Silt screens, hay bales and grasing shall be required to control erosion during and after construction. If it is determined that erosion on the site is not being maintained properly to prevent significant amounts of sediment discharge into the Indian River, the County will stop work on the project until it is reduced to an acceptable level. During the course of constuction, Public Works will periodically inspect by boat provided by the developer the depth and turbidity of the Indian River at the locatA:on of the temporary outfalls permitted earlier for Phase IA and the River Club. 41 MAY 2 6 1987 Bou 441 r__ mAY 2 6 1987 BOOK 8 f'AGE 12d 4) This permit recognizes that permits issued by the Florida D.E.R., St. Johns River Water Management District, U.S. Army Corps of Engineers, and Florida D.N.R. contain permit conditions. These conditions shall be monitored for compliance and the developer is subject to State, Federal and Local (ordinance) requirements. 5) The cut and fill waiver for the Grand Harbor D.R.I. is limited to 646,000 cubic yards of fill and 320,000 cubic yards of cut. Every six months from the date of issuance of the Land Development Permit until the completion of the ^ Phase II earthwork a tabulation of cut and fill quantities shall be submitted to the Public Works Department. 6) Clearing of specific building sites shall not commence until the developer is ready to build the building or buildings to be located on the site. [D.O. Condition No. 51 7) During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer to the satisfaction of the Florida Department of Environmentl Regulation, and in accordance with Indian River County's Tree Protection Ordinance. [D.O. Condition No. 61 8) In the event of discovery of any archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Division of Archives, History and Records Management in the Florida Department of Site. Proper protection of such finding shall be provided by the applicant to the satisfaction of the Division. [D.O. Condition No. 71 9) During construction (including excavation) of the proposed marina basins, estuary/waterways, or surface water management system, soils contaminated with DDT or other restricted agricultural compounds shall be removed and used as fill for the golf course and/or building pads. Deposition of contaminated material on the golf course shall be deposited above the seasonal high water table and covered - with no less than one foot of clean fill -or topsoil. [D.O. Condition No. 91 10) The developer shall coordinate the timing of his construct- ion schedule such that immediately prior to the period when conection of waterways on-site to the existing basin or to the Indian River Lagoon takes place, pumping of water to lower the water table on-site shall cease. No pumping shall take place after the connection is made. [D.O. Condition No. 12] 11) In the event that it is determined that any representative of a plant or animal species designated as endangered or threatened on Federal, State of Florida, or Florida Committee on Rare and Endangered Plants and Animals lists is resident on, or otherwise is significantly dependent upon the Grand Harbor property, the developer shall cease all 42 activities population Freshwater Service. agencies, Condition which might negatively affect that individual or and immediately notify both the Florida dame and Fish Commission and the U.S. Fish and Wildlife Proper protection, to the satisfaction of both shall be provided by the developer. [D.O. No. 19] 12) During land clearing operations, all Melaleuca, Brazilian pepper and Australian pine which occur on the site of development shall be removed. [D.O. Condition No. 2�1 13) The perimeter of the golf course shall be bermed and swaled to prevent direct runoff from entry into the surface water management system of lakes, the constructed marina basins, - the estuary/waterway system, or the Indian River Lagoon. [D.O. Condition No. 281 AUTHORIZATION TO SELL EXCESS FILL - HOBART ROAD RIGHT -6F -WAY The Board reviewed the following memo dated 5/22/87: TO: The Honorable Members of the DATE: May 22, 1987 FILE: Board of County Comnissioners THI�ITGfi: Charles P. Balczun, SUBJECT: County Administrator Authorization to Sell Excess Fill - Hobart Road ght-of-way FROM: �ames w. Davis, P.E. , REFERENCES: Public Works Director The County Road and Bridge Division is scheduling the excavation of 30,000 cubic yards of sand from the Hobart Road right-of-way. After the road is lowered, Saw Mill Ridge Co. will pave Hobart Road to the entrance to Hobart Park. This paving is a requirement rement of the Saw Mill 'Ridge mining permit. The County will than pave Hobart Road through the Hobart Park property to Kings Highway. Saw Mill Ridge is requesting permission to purchase the surplusi fill from the County for $1 per cubic yard. ALTEEWTIVES AND ANALYSIS The County Road and Bridge Division has two options as follows: Option # 1 - Sell the excess fill to Saw Mill Ridge for $1/¢.Y. This revenue would offset the cost of paving Hobart Road to Kings Highway. Option # 2 - Stockpile the fill for future county use. This involves trucking the fill to a stockpile area. It is recommended that staff be authorized to sell the excess fill to Saw Mill Ridge for $1/C.Y. 43 BOOS MAY z 6 1937 BOOK pma 444 Chairman Scurlock recalled that there had been some discussion on how much fill would be needed by Grand Harbor, and asked if staff had contacted them to see if they were interested in buying fill from the County. Public Works Director Jim Davis explained that he had not contacted them because he understood that they intended to buy their fill from a new mining outfit opening up just west of Kings Highway which is closer to them. He stated he would check with Grand Harbor to see if that is still their intention. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized Director Davis to sell the excess fill to the highest bidder. PERMISSION) TO PURCHASE ASPHALT FROM MacASPHALT CO. The Board reviewed the following memo dated 5/22/87: TO: The Honorable Members of the Board of County Commissioners THROUGH: Charles Balczun, County Administrator ®ATE: May 22, 1987 FILE: SUBJECT: Request pemi.ssion to Purchase Asphalt From MacAsphalt Co. FROM' w. Davis, P.E., REFERENCES: Public Works Director MacAsphalt Co., a large asphalt paving company in South Brevard COUnty, has open d a new asphalt plant in palm Bay which is approximately 6 miles north of the north Indian River County line. Mr David Donofrio, Branch Manager of the Melbourne office of MacAsphalt, has expressed an interest in supplying asphalt to the County for the same price that the County now pays under the annual bid from Dickerson, Florida, Inc. Recently, the County has requested Dickerson to pave various roads, however, Dickerson is very busy with the reconstruction of US 1 north of Vero Beach, and scheduling is uncertain. 44 �114D � iu�� n •' i� u It is recanrended that staff be authorized to purchase asphalt from MacAsphalt Co. when Dickerson Inc., cannot meet our needs upon a one week notice. Funding to be from Petition Paving Fund and Road and Bridge Division operating funds. Proper insurance will be required. Commissioner Bowman asked if there is any difference in the quality of the asphalt, and Director Davis said there was not. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (4-0) authorized staff to purchase asphalt from Ma�Asphalt Co. when Dickerson Inc., cannot meet our needs upon a one-week notice, as recommended by staff. AUTHORIZATION FOR OUTSIDE APPRAISALS OF VARIOUS PARCEL$ OF PPnPFRTV The Board reviewed the following memo dated 5/22/87: TO: The Honorable Members of the DATE: May 22, 1987 FI�E: .Board of County Commissioners THRWGi: Charles P. Balczun, County Administrator FROMij.-mes W. Davis, p.j, Public Works Diroctor SUBJECT: Appraisals for 1) North Tracking Station Property 2) South'County Regional Park Property on Oslo Road at 20th Av. 3) Property along 43rd Ave near 5th Street SW.i REFERENCES: Don Finney to James W. Davis dated 5-21-87 DESCRIPTION AND CONDITIONS Staff has solicited estimates from five appraisal firms for' providing appraisals of the above properties for the Parks Division. CATION AND FUNDING After confering with Mr. Ansi.nIs representative, .John Bradley, i,agent for the property, staff recommends that the appraisal work be given to Armfield-Wagner Appraisal and Research, Inc., for a not -to -exceed cost of $5,100. Funding to be from 113-210-572=X33.19, Park Trust Fund,lbalance is approx. $120,000. IWAY 2 6 1987 45 BOOK 68 r,vuE 445 MAY 2 6 1937 Boox 68 F9UC 44 Commissioner Wheeler noted that Mr. Snow's price was $2,400, and Public Works Director Jim Davis advised that they try to spread the work out and not use one particular appraiser. The feeling is that Armfield-Wagner will give a much more intensive study and report, and Mr. Ansin's representative prefers to go to an MAI. The County has used Mr. Snow in the past, but he is not an MAI. Commissioner Bird pointed out that all three of these parcels are very large, particularly the Ansin property. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) authorized staff to retain the firm of Armfield-Wagner: Appraisal and Research, Inc., at an amount not to exceed $5,100 for appraisals for the properties listed in the above memo, as recommended by staff. DISCUSSION RE DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE BILLING SYSTEM(Tabled from 5/12 and 5/19 meetings) The Board reviewed the following memo dated 4/22/87: TO: BOARD OF COUNTY COMMISSIONERS VIA: CHARLES P. BALCZUN COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO�PI DIRECTOR OF UTILITY SERVICES i FROM: H. T. "SONNY" DEAN MANAGER OF SOLID WASTE MANAGEMENT - DIVISION OF UTILITY SERVICES SUBJECT: DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE BILLING SYSTEM BACKGROUND DATE: APRIL 22, 1987 In conjunction with the Indian River County Solid Waste Master Plan, a rate study was made. The recommendation for financing the solid waste activities was to be accomplished with a user charge carried on the property tax bill. 46 L. ANALIS The Indian River County Division of Utilities Services requested our consultants, Camp Dresser and mcKee, Inc., to submit a proposal to perform the subject service. Attached information is the result of that request. The scope of work is clearly defined along with anticipated tasks. As you can see from the submitted information, there is an enormous amount of work to be performed. RECOMMENDATION The Division of Utility Services recommends approval and 'requests the Board of County Commissioners to authorize CDM to perform this work under our existing agreement at a price not to exceed $159,000.00- as per attached submittal. Before she left on vacation, Commissioner Eggert submitted the following memo listing her comments on the issue: TO: Board of County ��1TE. May 21, 1987 FILE: Commissioners SUBJECT: May 26, 1987 Agenda Item 11-A Solid Waste Billing System FROM: Carolyn K. Eggert &9W REFERENCES: County Commissioner In going over the Scope -of Work for the development and implementation of the Solid Waste Billing System with three representatives from CDM, I came away with the}Following conclusions: 1. The description of some of the tasks has been oversimplified. 2. The newness, sensitivity and potential for a court case concerning this requires the involvement of the higher level of management earlier than is required in many projects. 3. Tasks 408 and 409 could potentially take a lot of the time of the top three men in handling the questions of the community; however, there may be more hours here than really needed and could be a place where a fee reduction could be made. 47 MAY 2 6 1987 BOOK MAY � 6 1987" BOOK Chairman Scurlock reported that he met with Utilities Director Terry Pinto, but still did not agree with the $159,000 in consultants' fees. He agreed with Commissioner Eggert that we could save some money by cutting down on the number of hours the consultants spend attending public hearings during the ordinance process. Director Pinto advised that he talked with the consultants, and they agreed that if we were to remove the 172 hours for public hearings from the proposal and pay them on an hourly basis as we need them, it could result in substantial savings. They cautioned, however, that it could end up costing us more if the public hearing process gets complicated. Director Pinto recommended that the 172 hours be removed under Task 409. Chairman Scurlock felt confident that if the Board and staff prepared properly for the necessary public hearings, we would not need 172 hours of consultants' time. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) accepted the contract from CDM for services in the development and implementation of a solid waste billing system with the removal of Task #409. COPY OF WORK PROPOSAL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (WORK AUTHORI ZATION #7) PETITION FOR WATER SYSTEM EXPANSION ON 47TH AVENUE IN GLENDALE LAKE ESTATES SUBDIVISION The Board reviewed the following memo dated 5/15/87: 48 TO: BOARD OF COUNTY COMMISSIONERS DATE: MAY 15, 1987 THRU: CHARLES P. BALCZUN COUNTY ADMINISTRATOR VIA: TERRANCE G. PINTO TP/W,, DIRECTOR OF UTILITY SERVICES FROM: JEFFREY A. BOONE ENGINEERING OPERATIONS MANAGER SUBJECT: PETITION FOR WATER SYSTEM EXPANSION ON 47TH AVENUE IN GLENDALE LAKE ESTATES SUBDIVISION BACKGROUND The Division of Utility Services has received a petition to extend the water system along 47th Avenue in the Glendale' Lake Estates Subdivision. The original petition consisted of 7 of 131or 54 -percent of the benefitted property owners in favor of the water line extension on 47th Avenue to 9th Place. However, the Division of Utility Services feels it necessary to continue the line extension west on 9th Place to 48th Avenue to connect into the line recently installed on 48th Avenue by means of a similar petition project, thereby completing a -looped system for the subject project. It will be possible to serve three additional residences by completing this loop. These three residences have expressed interest in participating in the petitioned project and their signatures on the petition are being solicited by the neighborhood representative. At the time of this writing two additional signatures have been added to the petition by residents on 9th Place between 47th Avenue and 48th Avenue for a total of 9 of 16 or 56 percent of the benefitted property owners in favor of the project. ANALYSIS The petition water extension project on 48th Avenue is' nearing completion at this time, and with the current petition to extend water service along 47th Avenue, approximately ones, -third of the residents on the Glendale Lake Estates Subdivision will be served by the County's water system. It appears that due to similar water quality problems experienced by the residents in the surrounding areas, the County may very well expect subsequent petitions for water system expansion elsewhere in the subdivision. As an alternate to proceeding with the current petition for 47th Avenue, it may be prudent for the County to investigate the feasibility of extending the water distribution system throughout the subdivision. Such was one of the recommendations of Mr. Jack Pearce who acted as the neighborhood representative for 47th Avenue petition. RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners authorize the preparation of detailed cost estimates for engineering and construction as well as engineering design plans and specifications for the water system expansion along 47th Avenue and 9th Place between 47th Avenue and 48th Avenue in the Glendale Lake Estates Subdivision and to prepare a preliminary assessment roll based on these estimates. Furthermore, the Division of utility Services requests that the Board of County Commissioners authorize the investigation of the feasibility of expanding the County's water system throughout the Glendale Lake Estates Subdivision by developing preliminary budget estimates for engineering.and construction costs. l MAY 2 6 1981 49 _ BOOK MAY 2 6 1987Boox 4 5? ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved staff's recommendation as set out in the above memo. AUTHORIZATION TO ADVERTISE FOR AN UNDERWRITER ON THE $3.5 MILLION CAPITAL IMPROVEMENT BOND ISSUE The Board reviewed the following memo dated 5/26/87: TO: Honorable Members of DATE: May 26, 1987 the Board of County s Commissioners SUBJECT: UNDERWRITER -$3,500,000 CAPITAL IMPROVEMENT BOND ISSUE FROM: Josep A. Baird OMB Director M. G. Lewis and Company was accepted as underwriter for the $3,500,000 capital improvement bond issue. Since they have been chosen as financial advisor, they can no longer act in the capacity of underwriter. The Budget Staff is requesting permission to advertise to receive bids for underwriter on the $3,500,000 capital improvement bond issue. Staff and M. G. Lewis, Financial Advisor, will review the proposal and make a recommendation. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) authorized staff to advertise for an underwriter on the $3.5 million capital improvement bond issue, as recommended by staff. AUTHORIZATION TO PURCHASE USED EQUIPMENT FOR SANDRIDGE GOLF CLUB The Board reviewed the following memo dated 5/26/87: 50 TO: Honorable Members of DATE: May 26, 1987 the Board of County Commissioners ,t 2r THROUGH: Joseph A. Bair OMB Director SUBJECT: USED EQUIPMENT. FOR GOLF COURSE FROM: Bob Komarinetz 1' Director of Golf The Golf Course staff is requesting permission to purchase used equipment in the amount of $10,000 from Bent Pine Golf Course. If purchased new, this equipment would cost approximately $52,400. TO: Joe Baird DATE: May 21, 1987 FILE: Budget Director THI�J: CaSIle Goodrich Purchasing ECT: Equipment Purchased MAY 2 6 1981 ; 1! FROM: Bob Karain REFERENCES: Directorof -------- ------------ Here is a list of equipment that we are purchasing frau Bent Pine Golf Club. I have talked to purchasing and they will attach the bid for the Aeriator. YEAR DESCRIPTION OF EQUIPMENT' 1). 1979 Parkmaster 7Gang Fairway Unit, Rebuilt the Winter of 1987. To be used as fairway backup & primary rough mower. 2). 1984 Workmaster Runabout & Truckster To be used to pull Aeriator. 3). 1982 Dedose Aeriator, 2 Drum Type with Y" Tines. To be used to Aeriate T's & Greem Total of equipment if purchased new ------------- PURCHASE PRICE NEW $43,000.00 7,200.00 2,200.00 $52,400.00 Actual purchase price ----------------------- ----- $10,000.00 51 BooK 8 PSE 4r mAy 1987 OMB Director Joe Baird explained that this was placed on today's agenda as an emergency item because staff would like to take advantage of this offer from Bent Pines. Bob Komarinetz, Director of Golf, explained that one of our mechanics inspected the equipment and reported that it is in almost perfect working order. Commissioner Bowman asked why Bent Pines was selling their equipment, and Mr. Komarinetz felt that as a private club, they were in a better position to buy new, updated equipment. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized staff to purchase used equipment in the amount of $10,000 from Bent Pine Golf Course, as recommended by staff. CHANGE ORDERS #1 AND #2 - HILL JONES CONTRACT FOR CONSTRUCTION OF GOLF CART STORAGE BUILDING The Board reviewed the following memo dated 5126187: TO: Honorable Members of the Board of County Commissioners THROUGH: Joseph A. Baird OMB Director FROM: Bob Komarinetz -Director of Golf DATE: May 26, 1987 SUBJECT: GOLF COURSE CHANGE ORDERS - HILL JONES Pleae find attached two (2) requests for change orders affecting the golf cart building: Change Order Number One The use of gas golf carts instead of electric carts requires less electrical work in the golf cart storage building. The overall cost,is $975.00 less. 52 Change Order Number Two Increase Decrease (1) Increase irrigation sleeves under drive $418 for future irrigation for parking lot islands. (2y Decrease cart paths around Clubhouse. $7000 Staff feels that they will be able to complete cart paths in house at a future date. Net affect ($6,582.00)'decrease in contract price. Recommendation Staff recommends the Board of County Commissioners approve both change orders as submitted. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved Change Orders #1 and #2 with Hill -Jones for the construction of the golf cart storage building at Sandridge Golf Club, as recommended by Golf Director Komarinetz. MAY 2 6 1987 53 BOOT( 6 8 ;L 3"J C CHANGE ORDER AIA DOCUMENT G701 Distribution to: OWNER 0 ARCHITECT O CONTRACTOR O FIELD 0 OTHER 0 PROJECT: Sandridge Cart Storage Building CHANGE ORDER NUMBER: J (name, address) TO (Contractor): F Hill/Jones, Inc. 855 21st Street Suite 10 LVero Beach, Florida . 32960 INITIATION DATE: May 12, 1987 ARCHITECT'S PROJECT NO: 8626 CONTRACT FOR: One story block cart storage building CONTRACT DATE: You are directed to make the following changes in this Contract: 1. Delete hose bibbs on north and south walls and connect hose.bibbs on east and [est walls to the water system before the water conditioning equipment-,,..:..:.•.••.:•:.•. No Dame 2. Run conduit from .future site lighting location to panel A in the golf cart storage building.....................................................:....:...'...:...,......,.$360.00 3. Telephone conduit: stub up at -south side of building.................................No:�Charge 4. -*Delete half of circle drive increase remaining half to W width ...................!C$425.00) 5. Add -gate .......................... . . .••. ............... .,.. .. ._....,....... ,.....,,.. 195.00 6. Delete battery charger shelves......................:.......................•,.•,..,($405.00) 7. Delete all eTectr :.cal conduit, wire. and devices for the electrical cei'l i ng outlets for the battery chargers. Provide circuit breakers in. panels and-contJEi't�i;tub:�ups�.to facilitate future completion of deleted work .:.::................ ...'...::..:..,....:($700:09) TOTAL ($975,00) Not valid until signed by both the Owner and Architect Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contrag Sum or Contract rime. The original (Contract Sum) ...................... $ 183,700 , 00 Net change by previously authorized Change Orders ................................. $ 0. 00 The (Contract Sum) ((X0WX&X0((XXMD(>y6XdS)Al D4 prior to this Change Order was .......... $ 183 700.00 The (Contract Sum) ( )t*XrKd t (�QcYr)61(D( OWD will be WIH (decreased)ANKaW 6 94 bythis Change Order::...:...:::::::..:....................................... $ 975. 00 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ 182,725 . 00 The -Contract Time will be XX;.(rXX*VXXJ%X%X%(P (unchanged) by ( Q. )Days. The Date of Substantial Completion as of the date of this Change Order therefore is May 15, 1987 - C.E. Block Architect, Inc_ ARCHITECT 1995 -39th Avenue Address Vero Beach, Florida R v � N-wn DATE Authorized: Inc.Chairman of I.R C. Cogimj4sion CONTRACTORg 5 -21st Street OWNER = G Address Address— Vero Beach, FloridayQI�-0 ��ia-off 14 AIA DOCUMENT 6701 • ` CHANGE ORDER • APRIL 1978 EDITION • AIAD • a 1978 THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE.. N.W.. WASHINGTON. D.C. 2MM 54 D G701-1978 =- CHANGE Distribution to: _ ODER OWNER Q AIA DOCUMENT G701 ARCHITECT Q CONTRACTOR Q C FIELD Q OTHER Q PROJECT: Sandridge Cart Storage Building CHANGE ORDER NUMBER: 2 (name, address) TO (Contractor): INITIATION DATE: May 21 st..,1987 r— Hill/Jones Inc. ARCHITECT'S PROJECT NO: 8626 855 21st. Street Suite 10 Vero Beach, Florida 32960 CONTRACT FOR: One story block cart . storage building L J CONTRACT DATE: 1-6-87 You are directed to make the following changes in this Contract: 1. Per instructions from Bob Komarinetz, install irriga ion sleeves under drives for future irrigation system. $418.00 2. Per instructions from Bob Komarinetz, delete all cart paths. ($7000.00) Total ($6582.00) ,(V Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment. in the, Contract Sum or Contract Time. The original (Contract Sum) , , , , , , , , , , , , , , , , , , ,,,,,, ,, $ $183,700.00 Net change by previousl authorized Change Orders ... $ ($ 975.00) The (Contract Sum) ( Ummm l�i#> axprior to this Change Order was . $ $182,725.00 The (Contract Sum) �P�1��iti t will be 9494 (decreased) K NX($ 6,582.00) by this Change Order ....... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ $176,143.00 . The Contract Time will be O4XWXA OQX�rSXMX (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is Mal ( I , 1 QQDays. C.E. Block Architect, Inc. A9LTECT39th A . nup AddreesssJ Vero Beach. E1nriria 12960 BY Hill/Jones, Inc. CONTRACTOR 1 Ad ress st Street BY •J Authorized: Chairman of I.R.C. Co missi( OWNS Are s BY DATE !E&a l� — — - - I1Tl �7?// / DATE �` �ieC /% AIA DOCUMENT 6701 % EWAN& bAbilk - APRIL 1978 EDITION • AIA® 1978 tkfi AMMICAN iNStltUtr rift ANCHI•r@C", 1799 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701 1978 MAY 26 1987-" 55 BOOK F,"-- NAY 2 6 1987 � Boo SOUTH COUNTY FIRE DISTRICT MEETING The Chairman announced that immediately upon adjournment the Board would reconvene as the District Board of Fire Commissioners of the South County Fire District. Those Minutes are being prepared separately. There being no further business, upon Motion duly made, seconded and carried, the Board adjourned at 11:25 o'clock A.M. ATTEST: 1 Clerk Chairman 55 BOOK 68 FAQ% 455A