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HomeMy WebLinkAbout2/9/1988Tuesday, February 9, 1988 The Board of County Commissioner's of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, February 9, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock., Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. 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 Wheeler led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested the addition to today's Agenda of proposed amendments to the construction codes, and a request for an appointee from the County Commission to the Downtown Redevelopment Agency. Commissioner Wheeler requested the addition of an appointment to the Sebastian Watershed Committee. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously added the above items to today's meeting. CONSENT AGENDA Commissioner Wheeler requested that Item C be removed for discussion, and Commissioners Bowman and Scurlock asked that Items E and H be removed also. FEB 91988 -BOOK ,E788 FEB 9 1988 tkaOK 7Q ['VA 789 A. Sheriff's Administration Building - Application & Certificate for Payment The Board reviewed the following memo dated 1129/88: TO: THRU: FROM: SUBJECT: BOARD OF COUNTY COMMISSIONERS DATE: JANUARY 29, 1988 CHARLES P. BALCZUN COUNTY ADMINISTRATOR JOSEPH A. BAIRD DIRECTOR, MANAGEMENT _ D BUDG H. T. "SONNY" DEAN OWNERS AUTHORIZED PRESENTATIVE SHERIFF'S ADMINISTRATION BUILDING APPLICATION AND CERTIFICATE FOR PAYMENT The subject facility has been moved into by Sheriff's personnel and experienced minimum problems. The building contract has been satisfied except for a few minor deficiencies. Staff recommends release of all retained funds, except for $8,000.00 that will cover any problem which could be experienced and would not be covered by warranty. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the release of all retained funds to PWR Corporation, except for $8,000 that will cover any problem which could be experienced and would not be covered by warranty, as recommended by staff. B. Acceptance of South Beach Final Utility Assessment Roti The Board reviewed the following memo dated 1/26/88: TO: THRU: FROM: SUBJECT: CHARLES P. BALCZUN COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTILITICES JOHN FREDERICK LANG ENVIRONMENTAL SPECIA DEPARTMENT OF UTILITY SERVICES ST SOUTH BEACH - ASSESSMENT ROLLS DATE: JANUARY 26, 1088 BACKGROUND The Department of Utility Services has been working with the City of Vero Beach, franchise utility owners, and property owners to facilitate the construction of water and sewer improvements to benefit their properties. 2 These properties lie within several subdivisions on the. South Barrier Island of Indian River County. This area is within the negotiated area of the City of Vero Beach's service territory of the unincorporated County. The County has agreed to act as the agent in providing the up -front funding to complete the construction projects. Now is the time for the placing of the final assessment lien against the benefitted owners' properties. The projects are: 1. Anglers Cove wastewater improvements. 2. St. Christopher Harbor water and wastewater improvements. 3. Seminole Shores water and wastewater improvements. ANALYSIS These projects have been completed and are ready for the Final Assessment Roll. The Final Assessment Roll is slightly less than. the Preliminary Assessment Roll. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners use the latest roll prepared by Lloyd and Associates and authorize placing the assessment liens on the benefitted properties. The assessments will be recorded in the Recording Office of the Clerk of the Circuit Court. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 88-9, approving the Final Assessment Roll for the following: 1) Anglers Cove wastewater improvements, 2) St. Christopher Harbor water and wastewater improvements, and 3) Seminole Shores water and wastewater improvements. and authorizing the placement of the assessment liens on the benefitted properties. FINAL ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK FEB 9 1988 3 'OOK 0GE 790 FEB 1988 RESOLUTION NO. BOOK 70 PAGE 791 UTIL (BRESAGCV.JFL):c 88-9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FINAL ASSESSMENT ROLL CONTAINING PROPERTY DESCRIPTIONS AND FINAL ASSESSMENTS AGAINST EACH LOT OR PARCEL OF LAND BENEFITTING FROM THE FOLLOWING IMPROVEMENTS: ANGLERS COVE SEWER IMPROVEMENTS, SEMINOLE SHORES WATER AND SEWER IMPROVEMENTS AND ST. CHRISTOPHER HARBOR WATER AND SEWER IMPROVEMENTS; PROVIDING THE TOTAL COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF AREAS SPECIFICALLY SERVED. WHEREAS, by Resolution No. 87-3 and No. 87-18, Indian River County declared that it is in the public interest to make certain improvements as detailed in the title to those and this resolution; and WHEREAS, pursuant to Ordinance 81-27, the Board of County Commissioners of Indian River County is authorized to improve and establish services for both water and wastewater improvements and is authorized to provide for payment of the whole cost thereof by levying and collecting assessments upon property deemed to benefit by such improvements; and WHEREAS, Anglers Cove, St. Christopher Harbor, and Seminole Shores are currently being serviced by the City; and WHEREAS, the total cost of the projects were as follows: St. Christopher Harbor Water Improvements $48,496.89 Seminole Shores Water Improvements $34,203.81 Seminole Shores and St. Christopher Harbor Wastewater Improvements $86,973.98 Anglers Cove Wastewater Improvements $49,335.20; and WHEREAS, the special assessment provided hereunder shall be an equal proportion of 100% of the total estimated cost of the project for each given record owner of property within the specific area benefitted, and on which a residence is located or could be located; and RESOLUTION 88- 9. WHEREAS, the special assessment provided hereunder shall become due and payable at the office of the Department of Utility Services of Indian River County ninety (90) days after the adoption of the resolution; and WHEREAS, all special assessments not paid within said ninety (90) day period shall thereupon become payable in equal installments in each of the succeeding ten years with interest established at 12% from date of final assessments payable annually; but any assessment becoming so payable in installments may be paid at any time together with interest accrued thereon to date of payment; and WHEREAS, after examination of the nature and the usage of the constructed improvements the Board of County Commissioners has determined that the following properties in Anglers Cove, Seminole Shores, and St. Christopher Harbor receive direct and special benefit from these improvements, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and satisfied in their entirety. 2. The projects described in this resolution are hereby approved to record the liens as listed in the Final Assessment Roll in the Recording Office of the Clerk of the Circuit Court as stated in Ordinance 81-27. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler follows: and upon being put to vote, the vote was as Chairman Don C. Scurlock, Jr. Aye Vice Chairman Gary Wheeler Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn Eggert Aye 5 FEE 91988 n BOOK 70 fA E792 FEB C1988 BOOK 70 DCF 793. The Chairman thereupon declared the resolution duly passed and adopted this 9th day of February , 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Freda Wrig , Cl 4' BY: Don C. Scurlock, Jr., airman C. Assessment for Abatement of Public Nuisance - Federal National Mortgage Association The Board reviewed the following memo dated 1/28/88: TO: Charles Balczun County Administrator DATE: January 28, 1988 FILE: DIVISION HEAD CONCURRENCE: Ro•ert M. Keatlg, UBJECT: Director of Plannin• & Development THROUGH: Roland M. DeBlois MD Staff Environmental Planner FROM: C. G. Bowling REFERENCES: CV -87-11-510 Code Enforcement Officer TM# 88-334 Federal National Mortgage Assn. Public Nuisance; Assessment for Abatement of Nuisance It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of February 9, 1988. DESCRIPTION AND CONDITIONS: On August 21, 1987, code enforcement staff sent a Notice of Public Nuisance tp Federal National Mortgage Association, concerning the overgrown weed condition of their property in Clearview Terrace Subdivision. The respondents were cited as 6 maintaining their property in violation of Section 13-18(a)(1) of the County Code, which prohibits the accumulation of .weeds in excess of 18 inches in height within a platted, recorded subdivision (where the lots are at a minimum of 50% developed). A certified letter of notice was sent to the respondents, and signed receipt was verified for September 5, 1987. Code enforcement staff also posted notice on the subject property, as set forth in Section 13-23 of the County Code, giving the respondents thirty (30) days to remedy the violation. The weed violation was not remedied within the thirty (30) day time period. Therefore, in accordance with 13-19(b) of the County Code, County personnel (i.e. Road & Bridge Division) abated the weed violation, with costs to be assessed against the property owner. Section 13-21 of the County Code requires that the cost of a County weed nuisance abatement shall be calculated and reported to the County Commissioners, who, by resolution, shall assess such costs against the subject property. This matter is presented herein to the Board for consideration to adopt said resolution. ALTERNATIVES AND ANALYSIS: Section 13-21(a), Public Nuisances, of the Code of Laws and Ordinances of Indian River County specifically reads as follows: "After abatement of nuisance by the county, the cost thereof to the county as to each lot, parcel or tract of land shall be calculated and reported to the Board of County Commissioners. Thereupon, the Board of County Commissioners, by resolution, shall assess such costs against such lot, parcel or tract of land. Such resolution shall describe the land and state the cost of abatement, which shall include an adminis- trative cost of seventy-five dollars ($75.00) per lot. Such assessment shall be a legal, valid and binding obligation upon the property against which made until paid, The assessment shall be due and payable thirty (30) days after the mailing of notice of assessment after which interest shall accrue at the rate of twelve (12) per cent per annum on any unpaid portion thereof." Costs for equipment: use and labor, as indicated by the Road & Bridge Division, plus $75.00 administrative cost calculates to be: Labor - 2 men at $4.77/hr. for 8 hours Flatbed Truck at $24.00/hr. for 2 hours Landfill charges Administrative Fee TOTAL $76.32 48.00 3.00 75.00 $202.32 RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed resolution assessing $202.32 in abatement costs, in accordance with Section 13-21(a), of the Indian River County Code of Laws and Ordinances. 7 FEB S1988 BOOK 70 FM E f 94 ,FEB o BOOK 70 F',l.,E 795 Commissioner Wheeler asked how large the lot is, and Robert Keating, Director of Planning & Development, stated that it is under 10,000 sq. ft. Commissioner Bowman asked if $4.47 an hour for the two county employees included Social Security, medical insurance, and fringe benefits, because she felt that $202 was a pretty cheap price for all that work. OMB Director Joe Baird doubted that hourly rate included fringe benefits, which are normally 30% more, and Commissioner Eggert suggested raising it 30%. Chairman Scurlock suggested approval subject to confirmation that the $202 includes all costs incurred by the county. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 88-10, providing for the assessment for abatement of nuisance against Clearview Terrace Subdivision, Lot 6, Block 1, presently owned by 1-ederal National Mortgage Association; subject to confirmation that the $202 abatement assessment covers all costs incurred by the county. 8 Resolution -Weed Nuis. DIS:REMS/DEBLOIS/JEFF. RESOLUTION NO. 88 - 10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSION- ERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED NUISANCE ABATEMENT ON LOT 6, BLOCK 1, OF CLEARVIEW TERRACE SUBDIVISION; SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumu- lation of weeds is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisances," defines as a public nuisance weeds in excess of 18 inches in height on a lot contiguous to a residen- tial structure and within a platted residential subdivision where the platted lots are at a minimum of 50o developed; and WHEREAS, weeds in excess of 18 inches in height existed on property owned by Federal National Mortgage Association, such property having a legal description as follows: Clearview Terrace Subdivision, PBI 4-56, Lot 6, Block 1; and WHEREAS, the Board of County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisances existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abatement of the described nuisance was sent to the owner(s) by certified mail, and notice was posted on the subject property for 30 days, in accordance with Section 13-23, "serving of notice," of the County Public Nuisance Ordinance; and WHEREAS, the landowners of the subject property failed to abate the described weed nuisance within 30 days of the posted and mailed notice; and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorizes County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days of notice; and WHEREAS, the County Road & Bridge Division has, as of December 28, 1987, abated the herein described weed nuisance; and WHEREAS, Section 13-21(a) of the County Public Nuisance Ordinance provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolution, shall assess such costs against the subject property, such costs to include an administrative fee of seventy five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor, and administrative fee for County abatement of the herein described nuisance is determined to be two hundred and two dollars and Thirty two cents ($202.32); and � FEB 0 1988 BOOK 70 PAU PAW796 t EB 0 1988 RESOLUTION NO. 88 - 10 BOOKK WJE ,c 797 WHEREAS, Section 13-21(c) of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails to pay assessed costs within the thirty (30) days, a certified copy of the assessment shall be recorded in the official record books of the County, constituting 'a lien against the property, subject to twelve (12) percent per annum interest; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adopted and ratified in their entirety. 2) The costs of county abatement of the herein described weed nuisance, totaling an amount of $202.32, is hereby assessed against Lot 6, Block 1, of Clearview Terrace Subdivision presently owned by Federal National Mortgage Association, whose listed address is c/o Lazen, Trute, Robbins and Howard, 1090 Kane Concourse, Bay Harbor Islands, Florida. 3) The $202.32 assessment shall be due and payable to the Board of County Commissioners thirty (30) days after the mailing of a notice of assessment, to the landowners, after which, if unpaid, a certified copy of the assessment shall be recorded in the official record books of the County, constituting a lien against the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded by Commissioner Wheeler and adopted on the 9th day of February , 1988, by the following vote: Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret Bowman Aye Commissioner Richard Bird Aye Commissioner Carolyn Eggert Aye Commissioner Gary Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of February , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA / v . Scurl Don .c, Jr., j:irman ATTEST: County Cler D. Reappointment of Ed Lovell to Housing Finance Authority. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously reappointed Ed Lovell to the Housing Finance Authority for a 4 -year term. E. IRC Bid #394 - Tree Transplanter The Board reviewed the following memo dated 2/5/88: TO: Charles Balczun County Administrator THRU: P. J. Mattes / Ass't County Administrator FROM: FROM: Ambler, C.P. Purchasing Manager ,ic,MAEFERENCES: DATE: FEB. 5, 1988 FILE: SUBJECT: IRC BID #394- TREE TRANSPLANTER 1. Description and Conditions Bids were received Wednesday, Jan. 22, 1988, at 2:00 p.m. for IRC BID /}394. 5 Bid Proposals were sent out. 5 Bids were received including one No Bid. 2. Alternatives and Analysis Low bid meeting specifications was s Sales at $ Awa, 97r,S% A Bid fromBerggren Equipment Company should be rejected. They have bid a seedling transplanter not a tree transplanter, also no mounting truck was included. • tted by Vermeer Southeast 3. Recommendation and Funding Staff recommends that IRC Bid //394 be awarded and that the :rchase be accomplished from Vermeer Southeast Sales. Budget Funding has been confirmed for expenditure from Uti Services Solid Waste, Account Number //411-217-534-066.49. $50,000.00 was originally budgeted. FEB S 1988 11 BOOK 70 FACE 798 FEB S 1988 BOOK 70 PAGE 7u9 Commissioner Bowman asked if this piece of equipment was big enough, and was assured by staff that the tree spade was Targe enough to do the big jobs. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously awarded IRC Bid #394 for a tree transplanter to the low bidder, Vermeer Southeast Sales, in the amount of $42,971,89, as recommended by Purchasing Manager Ambler. / BOARD OF UUUN 1 Y UUMMIbb1UNtHb 1840 25th Street Vero Beach, Florida 32960 BID TABULATION 41 `" cz," 45'cr 1=Lv 4, c. •�' �� • , 4. �4. �L C.• C. h a � r " ���� �• ---o 4 �"� c, o c m� om v 2Q ti 4 h b°" <v �1", m �`"�o w Q BID NO. IRC BID #394 DATE OF OPENING 2:OOp.m. 1/27/88 BID TITLE ONE TREE TRANSPLANTER ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIt PRICE UNIT PRICE UNIT PRICE UNIT PRIC ITEM 1: One (1) New Tree Trans•lanter IMIIIIIII .14 00 82 00 NB ■ 65 tr: 33171 8 WIN riii _In 2. DELIVERY � 0-1 �-■ .0-12' 60-12�- Alternate ;1Diesel: 00 -■ 6 •8 6 0•i ]- +0•ti�-1- +0 ti ■��■ _■ III Alternate#2- 47253 00 - 486 0 00. MEI ' 4 -Wheel Drive ■-■-`111111111111 ill 12 F. Road & Bridge Request for Authorization to Purchase Melting Pot and Backhoe from Monies Remaining in Federal Revenue Sharing Fund 102 The Board reviewed the following memo dated 2/1/88: TO: Members of the Board of County Commissioners THROUGH: Joseph A. Baird OMB Director James Davis Director of Public Works FROM: Leila Miller Budget Analyst DATE: February 1, 1988 SUBJECT: ROAD AND BRIDGE - MONIES AVAILABLE IN FEDERAL REVENUE SHARING FOR VIBRATORY ROLLER FOR ALLOCATION TO OTHER EQUIPMENT DESCIPTION AND CONDITIONS During the budget hearings last September, the board approved the purchase of a vibratory roller for Road and Bridge. The roller was budgeted for $96,500 and was to be paid out of fund 102 - Federal Revenue Sharing. Bids were recently received back on this equipment and the board authorized the purchase of one unit for $39,890. The Road and Bridge Department is desperately need -of P P Y � in upgraded equipment for paving maintenance and asks that the board consider the purchase of a _ new melting pot and a backhoe with the remaining funds. Staff's reasons are outlined below:. Melting Pot - A melting pot is used to heat the material that will eventually be laid to repair cracks in pavement on the road. The current melting pot is not designed for the large amount of road work that is done by Road and Bridge. In fact, right now a crew has to wait three hours for the pot to heat and at best they can only do two streets before they run out of material. When equipment and men are idled for three hours to wait for the pot to reheat, this situation impairs efficiency and creates a bad image to passers-by. A new melting pot with greater capacity is estimated to cost $14,000.00 and is expected to cut idle time since the crew would not have to stop to reheat material. Backhoe - In recent months, Road and Bridge has been experiencing operational problems with their backhoe to the point where there has been difficulty in getting jobs completed. Again efficiency suffers when a crew is left standing idle due to faulty or inadequate equipment. It is felt that due to the age of this unit more repairs will only provide a temporary solution and breakdowns and idle time will continue to plague Road and Bridge in between repairs. permanent solution would be to purchase a new Unit at an approximate cost of $42,500. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the purchase of one melting pot at a cost of $14,000, and one backhoe at approximately $42,500 for Road and Bridge; funds to come from Federal Revenue Sharing (Please note that this agenda item is not a budget amendment because funds are already available in Federal Revenue Sharing. This item simply discusses an alternate allocation of the $96,500 available to Road and Bridge in this fund). 13 FEB 1988 BOOK 70 FAGS 800 9 19M BOOK F F 8O1 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the purchase of one melting pot at $14,500 and one backhoe at approximately $42,500 for Road & Bridge; funding to come from Federal Revenue Sharing Fund #102, as recommended by staff. G. Assignment of Sebastian Library Lease The Board reviewed the following memo dated 2/1/88: TO: The Board of County Commissioners FROM: Sharon Phillips Brennan Assistant County Attorney DATE: February 1, 1988 SUBJECT: Assignment of Sebastian Library Lease The Board previously approved the assignment of this lease and the City of Sebastian has requested two minor changes which have been approved for legal sufficiency. The changes are: 1. Delete paragraph 24, concerning two options to renew the lease for a period of five years each. 2. At paragraph 4, add "The premises are leased to be solely used as a public library." The revised assignment is presented today for Board approval. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the Assignment of Sebastian Library Lease and authorized the Chairman's signature. ASSIGNMENT OF LEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14 H. Farmer's Home Administration Request for Additional Services The Board reviewed the following memo dated 2/1/88: TO: Members of the Board of County Commissioners DATE: February 1, 1988 SUBJECT: FARMER'S HOME ADMINISTRATION REQUEST FOR ADDITIONAL SERVICES THROUGH: Joseph A. Baird OMB Director FROM: Leila Miller Budget Analyst DESCIPTION AND CONDITIONS Per the Board's request, please find attached Partial Pay Estimate # 40. This request is for payment of additional services performed by Masteller and Moler on the Gifford Project. It includes special engineering services as provided by Section D of the Engineering Contract dated November 13, 1985. In this instance the special services are 'for additional land surveying services rendered on contract # 3, easement surrey of Hawk's Nest Golf Course.' These additional services will bring total payment on this contact to $119,622.19. RECOMMENDATIONS This contract was approved by the Board for up to $150,000. Given this, staff recommends approval of the payment for $1,280 for additional services. Chairman Scurlock explained that he asked for this to be removed for discussion because it wasn't his intention that everyone of these items were to continue to come back to the Board for approval. Originally, $100,000 was budgeted, but $28,000 was taken out of that to pay the costs of the Bent Pines lawsuit. He believed the intent was that the $400 or $500 items were not to come back to the Board for approval until after they exceeded the $100,000. Commissioner Eggert understood from the information given the Board during the meeting of January 26th, that the costs had made their way up to $118,000, which left only $10,000 in the original $100,000 budget. Chairman Scurlock interjected that when the original budget was set, it did not anticipate the Bent Pines lawsuit and the FEB 9 1988 BOOK 70 of,E 802 15 1988 BOOK 70 FAGE 803 County paid $28,000 for those costs. He did not see a need for $400-$500 items coming back before the Board, because then we would be getting into day-to-day administration. However, once we get over the $100,000, then those items would be brought back to the Board. Commissioner Eggert understood that, but wasn't clear on what "additional services" meant, because, first of all, sometimes additional services becomes the packing area, not additional engineering services. Secondly, the Board really has not seen exactly where all of that was spent. She believed there should be an accounting at the end of the $100,000. Chairman Scurlock felt the list was fine, but did not see a need to review the various $400,$5.00 or $700 items each week. Commissioner Eggert pointed out that there is only $10,000 remaining in the original $100,000 that was budgeted for additional services. Even without approval of today's $1280 item, we are up to $118,342.19, and when you deduct the $28,000 for the Bent Pine lawsuit, that gives you a total of $90,342.19 with less than $10,000 remaining of the original $100,000. She felt there is a question of apprising the Board of how we got to where we are, and what the additional services include. There is a point at which we need a strict accounting, and any costs over that should be brought back in a change order of some kind. Director Pinto advised that there will be change orders on this project which wilt have to be approved by this Board and the FmHA. Commissioner Eggert stressed that the Board was asked to approve an additional $50,000 in the meeting of January 26th when we didn't know what was in the original $100,000. Director Pinto explained that in this type of a budget, they pulled out and projected that there would be $100,000 of other services performed by engineers or special services other than our own engineer. Our own engineer is responsible to retain 16 those people and pay them out. That does not give him an American Express card to charge up extra fees for his own benefit. These are for services such as density testing, etc. Chairman Scurlock pointed out that today's $1280 item was in the original budget and is for some survey work at Hawk's Nest. He felt the problem is that the memo reads as if this is something new when it really is not. Director Pinto explained that the contract we have between the engineer and FmHA specifically sets up the tables and the amounts of the final payments. He emphasized that at the end of the project they go back and look at the actual total cost of the project, count the number of feet of pipe installed, and equate that back to the unit prices. Whatever the total cost of the project is, you go back to the table that is set up in the contract and add or subtract the engineer's fees, and he may end up getting less or more. He assured the Board that there is a final accounting at the end of the project. Chairman Scurlock believed that the Board wants a final accounting of where all the monies were spent, but he just did not see us getting into a situation where the Board is approving $1000 items every week. Commissioner Eggert felt that while she understood this is not the case here, it is very easy for things to slide into a miscellaneous line item like this when there are no exact rules for it, and when there are no exact rules for it, she would rather see more items come through the Board than less items. Director Pinto pointed out that since he has been with the County, Utilities has not overrun on any project, and has followed all budgets very closely. Further, this budget is being followed very closely by the FmHA. Chairman Scurlock felt that once the budget is established, the County Administrator should follow it and have the final say when something should come before the Board, but Commissioner Eggert preferred not to wait until the end. If we get to the end 17 FEBB 9 `1988 BOOK 70 PAGE 804 Pr - FEB 1988 E ooK 0 FAGE 805 of $100,000, let's see how that was spent; and when we get to the end of the $50,000, let's see how that was spent. Director Pinto stated that they will go through and double check to make sure every item was removed that was charged against that contract that they feel was not specifically charged when we went into the project itself. They will go through and take all of that out. For instance, Ernestine Williams' salary is being charged against the project. That means we are borrowing money to pay her salary. It is different than if it was a grant, because it all has to be paid back. So we will go through all those items, even the engineer's items, and remove those things for which we think we will not have to borrow to pay for. If we can cash fund them, we will cash fund them, and then we will come back and let the Board know exactly where we are. There will be a final accounting. OMB Director Joe Baird understood that staff is to come back to the Board when they exceed the $150,000, and Chairman Scurlock stated that is what he wanted. Commissioner Eggert stated that she would like them to come back at $100,000 and then again at $150,000, as she would like to get an accounting part way through. Commissioner Wheeler could not see bringing it back once the Board has approved it. He felt, in that case, that we could carry it one step further and have an itemized billing of everything that is done, i.e. nuts, bolts, screws, and we could be spending our whole time doing the work that we rely on staff to do. Director Baird offered to send in monthly accounts off his spread sheets, and the Board indicated that would be fine. 18 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved additional services performed by Masteller and Moler on the Gifford Project up to $150,000 and included $1,280 on Partial Payment Estimate #40, with the stipulation that staff will submit a monthly accounting of additional services. Form FmIIA 424-18 UNITED STATES DEPARTMENT OF AGRICULTURE (Rev. 6-10-80) FARMERS HOME ADMINISTRATION PARTIAL PAYMENT ESTIMATE (Number 40 FORM APPROVED OMB No. 4685007 Page 1 of 2 This form provides FmHA with a periodic estimate of the wof" completed and east of materiels purchased. Number copies requlradr 3 Time to completes 30 min. No further monies or other i merits may be pal* out under this program unless this report is completed and filed as required 9y seating law and regulations (7 C.F.R. Part 1924). Name of Contractor. Masteller & Moser 1teeociatea_ Inc Name of Owner (Association): Indian River County, Florida Date of Completion: Amount of Contract: Origjaal n/a Ongmal $ 100,000.00 Revised n/a Revised S 150,000.00 Descnpuon of Job: Indian River County US85 (07-09), Wastewater Collection, Treatment and Disposal, Gifford Area. Dates of Estimate: From 9/23/87 To 1/15/88 SECTION "D" OF ENGINEERING CONTRACT - 11/13/85 Special engineering services such as hydrology engineering services for design and permitting of effluent disposal system, redesigns requested by Owner, surveying services for land acquisitions, soil testing services, etc. as detailed in "D." Special additional services completed this period: For additional land surveying services rendered on Contract #3, easement survey on the Hawk's Nest Golf Course. Masteller, Mier & Reed, Inc. Invoice #600 FEB 919 8 Total Amount Due This Period: 19 $ 1,280.00 $ 1,280.00 BOOK 70 FADE 808 ‘14113 •Wbd BOOK 70 PAGE 807 MASTELLER & MOLER ASSOCIATES, INC. Page 2 of 2 Am"unt This Period Total To Dale Amount Earned S 1,280.00 $ 112,310.97 Amuunt Retained S n/a S n/a Previous Payments XXXXXXXXXXXXXXXX S 111, 030.97 Amount Due S 1,280.00 $ 1,280.00 Estimated Percentage of job Completed ..... „.. Is Contractor's ConstructionProgress on Schedule? Yes n/a 0 No I hereby certify that I have carefully inspected the work and as a result of my inspection and to the best of my knowledge and belid, the quantities shown in this estimate are conect and have not beak shown in previous estimates and the work has been performed In accordance with the contract documents. • MAatpllpr L Mnler Acnnrinteo Tnr (Brae of Architect/Engineering Firm) By: Earl H. Maeteller, P.E. President . (Title) Approved by Association/Borrower Representative: Hy Accepted by FmHA Representative: The Review and Acceptance of Partial Pay Estimates by FmHA does not Attest to the Correctness of the Quantities shown or that the work has been Performed in accordance with the Plans and Specifications. (Title) By: (Title) tWAAPO:1E9140tc6413lt63 PROPOSED AMENDMENTS TO CONSTRUCTION CODES The Board reviewed the following memo dated 1/28/88: TO: Board of County Commissioners DATE: January 28, 1988 UBJECT: FROM: Charles P. Balczun REFERENCES: County Administrator FILE: .PROPOSED AMENDMENTS TO CONSTRUCTION CODES Attached you will find a copy of a proposed ordinance prepared by the Cour;:',' Attorney at the request of Building and Zoning Director Ester Rymer. 20 The p;i rpose of the ordinance is to update our code by incorporating therein 1987 Revisions by the Southern Building Code Congress of the following codes: .. ▪ Standard Building Code .• . • Energy Efficiency. Building Code .. • Standard Gas Code .. ▪ Standard Plumbing Code .. ▪ Standard Mechanical Code .00 . Standard Housing Code I have placed this matter on the agenda for your February 9, 1988 meeting for discussion. purposes. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized staff to advertise a Public Hearing to consider an ordinance to provide for amendments to the construction codes. Attorney Vitunac explained that the purpose of this new procedure by the Administrator is to bring these ordinances to the Board before the public hearing so that the Board will know what is coming up and have the opportunity of giving input into the ordinance as it is proposed. In addition, the Board will schedule a public hearing at a time when the people who should be here will be here. This procedure is much like a first reading of an ordinance. ACCEPTANCE OF FUND IN LIEU OF PUBLIC ACCESS EASEMENT DEDICATION: JAMES SPOTO The Board reviewed the following memo dated 1/29/88: FEB 01998 21 900K 70 DGE 808 `SEE 1963 BOOK 70 FAGE 809 TO: Charles Balczun DATE: January 29, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: /r REQUEST FOR BOARD TO Robert M. Ke t'i g, = SCP SUBJECT: ACCEPT FUNDS IN LIEU OF Community Deve opmDirector PUBLIC ACCESS EASEMENT DEDICATION: SPOTO AFFIDAVIT OF EXEMPTION FROM: Stan Boling - REFERENCES: spoto Chief, Current Development STAN4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 9, 1988. DESCRIPTION & CONDITIONS: Randy Mosby, P.E., acting on behalf of James Spoto, is completing the County's "affidavit of exemption" subdivision process for a three parcel development located on the west side of Roseland Road, extending west to the Sebastian River, immediately north of the Point 0' Woods subdivision. The subdivision ordinance, through the filing of an "affidavit of exemption", allows creation of parcels ±5 acres in size without requiring platting or con- struction of required improvements (roads, drainage systems). Staff will approve the subdivision, as provided for in the ordi- nance, as soon as all applicable affidavit of exemption criteria are satisfied. One criterion that applies to the development is the County's public water access requirement [section 10(r) of the subdivision ordinance]. The access requirement may be satisfied by either dedication and improvement of an access easement or by dedication of the fair market value of such an easement. On behalf of James Spoto, Randy Mosby is now requesting that the Board of County Commissioners accept a fair market value dedication of monies in lieu of providing an actual improved public access easement. ANALYSIS: The Board of County Commissioners may accept the money dedication in lieu of an actual easement in order to improve existing public parks or access areas. The Board considers two major items when reviewing requests to accept money dedications: 1. are there other public areas and/or facilities nearby that already afford access to the water body, which may be im- proved by the money dedication?; and 2. does the proposed money dedication reasonably reflect the fair market value of an actual easement which meets the subdivision requirements? Existing Public Facilities: The Dale Wimbrow Park and adjacent Donald McDonald park are located approximately 1/4 mile north of the subject property. It is staff's opinion that the combined acreage of the existing parks (±74 acres) and combined shoreline (±3,100') affords adequate public access in the immediate vicinity of that portion of the Sebastian River. Improvement of the existing facilities could 1 22 contribute towards improved public river access through increased opportunities at these parks. Based on past Board policy, the subject property is considered to be within close proximity of existing public access, which could be improved via the proposed money dedication. Proposed Dedication: The public access regulations require that the subject development provide a 15' wide improved access easement from the nearest public road (Roseland Road) to the water. The applicant is proposing to dedicate the fair market value of an improved accessway from Roseland Road along the north side of Collier Creek to a point at the confluence of the Creek and the Sebastian River. By field investigation, staff has verified that the proposed improved 15' wide easement would satisfy the public water access requirement. The estimated fair market value of the easement proposed to be dedicated to the County is based on appraisal values deemed reasonable by the County tax appraiser's office. Staff accepts as reasonable the proposed $1,580.00 dedication as representative of the fair market value of an easement meeting the public water access requirements. In summary, it is staff's opinion that the proposed monetary dedication is an acceptable alternative to the provision of an actual public access easement. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to accept a monetary dedication of $1,580.00 in lieu of an actual improved access easement, at such time that an affidavit of exemption may be granted for the proposed three lot development. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, that the Board accept a monetary dedication of $1,580 in lieu of an actual improved access easement, at such time that an affidavit of exemption may be granted for the proposed three lot development. Under discussion, Commissioner Bowman had a problem with this because this land lies right within an oxbow in the river, and she couldn't see cutting it up into 3 lots. In fact, she didn't see where the boundaries of these lots are going to be. It seemed to her that we are giving up a good chance to protect Collier Creek, because if we have an access there, we would have control of Collier Creek. Stan Boling, Chief of Current Development, explained that basically the affidavit of exemption is a method whereby in lieu 23 FEB 1988 FAII 810 Pr" FEB 0 1988 BOOK 70 ME 811 of coming in and putting in a paved roadway and developing a situation, the property owner is looking at creating 5 -acre parcels. The actual density and development of the property should be a lot Tess with an affidavit of exemption than with a subdivision. The Board can accept money in lieu of an access easement in two types of situations. One is where the resulting easement that would meet the requirements would not prove usable by the public if it was too small or something like that, and the other situation is when it is located close to existing park land that could be further developed with the donation of money. Commissioner Bowman wondered how you can compare money to having a nice footpath there down to the Sebastian River and a place where people could carry in a canoe and put it in the water, or whatever. She asked what consideration was being given to the protection to Collier Creek. Director Keating believed that the requirement in the ordinance for water access to the river or the ocean is ideally a good requirement, but one of the drawbacks is that there is no requirement for parking or the provision of ancillary parking spaces. That is one of the reasons staff feels it is better to get the money to improve existing parks, and in this particular case, there is access to the river very close by. The protection to Collier Creek comes with the affidavit of exemption and the 5 -acre parcels which will result in less stormwater, fewer septic tanks, and less effluent. Director Keating believed it would be much better for the environment to have the lower densities. Commissioner Bowman pointed out that there is a tremendously wide right-of-way on Roseland Road, which would give plenty of room for parking for the few people who would use this access. Commissioner Bird did not feel we legally could encourage people to park in the right-of-way. He felt the point here is that there is a 70 -acre park only a quarter mile away with easy access and even a boat ramp. 24 Commissioner Bowman stressed that it is not the same; Wimbrow Park is practically a desert, and this spot is wooded and has a nice little stream. It is a lovely place for people to walk. Engineer Randy Mosby, speaking for the applicant, stated that their firm has been working on this for almost 4 years now, and originally it was going to be a 13 -lot subdivision. However, the owners felt that really wasn't in conformity with the Roseland area. Instead, there are 3 large, buildable lots on this property, and the owners do not want a so-called public access on these large estate Tots. Approximately 35% of this property is wetlands under the jurisdiction of the State, and Mr. Mosby did not believe the owners could prevent anyone from going through there. However, the owners do not want it officially designated as a public easement. Further, he did not believe the residents of Point O' Woods would want it either, because it parallels their property on the north. They believe that the decreased density on this property is probably the best use in compliance with the Comp Plan. He emphasized that the owner is willing to give the money in lieu of the easement and that there are two parks north of this property that could be improved, Dale Wimbro and Donald MacDonald, which provide over 1000 feet of river frontage. Earl Masteller, resident of Point 0' Woods subdivision across Collier Creek from the subject property, wished to see the developers give the courtesy of explaining their project to the residents of Point 0' Woods. He did not know it they would have any objection, but the property in question is a beautifully wooded piece of property and has quite a bit of Tow lands. He felt the problem here is due to Point 0' Woods being in the City of Sebastian. Chairman Scurlock believed the reason they were not notified is that this is not a rezoning; the developers are only in the FEB 91988 25 BOOK 7fl P',GE S12 IFF" - F E S 198e BOOK 70 E'A;E 813 process of going through the guidelines to develop their property. Mr. Masteller repeated that they certainly would like the opportunity to see the plan and make some input. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion passed by a vote of 4-1, Commissioner Bowman dissenting. WINTER BEACH REFUSE STATION PROPERTY The Board reviewed the following memo dated 1/28/88: TO: BOARD OF COUNTY COMMISSIONERS DATE: JANUARY 28, 1988 THRU: CHARLES P. BALCZUN COUNTY ADMINISTRATOR TERRANCE G. PINTO )1 DIRECTOR OF UTILITCES FROM: H. T. "SONNY" DE MANAGER, SOLID WASTE AGEMENT DEPARTMENT OF UTILITY ERVICES SUBJECT: WINTER BEACH REFUSE STATION PROPERTY BellSouth Telephone Company has requested a lease for a portion of the subject property. They desire to erect a 285 foot tower to place equipment on for the state-wide cellular telephone system that will serve the Indian River County link. The required amount of property is 45'x 55' for the equipment site and easements for the guyed cables. They will also need a 10' wide easement for access and utility service from South Winter Beach land. The County owns approximately 19.5 acres at the subject site with about 3.2 acres being used for the refuse station. Anticipated renovations for the station will not require additional property. The Master Plan for the sophisticated cellular telephone system requires a limited area within a County in order to facilitate alignment of antennas from one link to another. Due to this requirement, the County tower at Hobart Park was not within the designated area, plus unavailability of space at the 285' level on our tower. I have spoken with Mr. Wally Bender who represents BellSouth and they are willing to lease the property for five years at $300.00 per month. Each five year extension will increase the lease rate by 15%. All costs of survey work will be borne by BellSouth. It is recommended that the Board authorize staff to enter into negotiations with BellSouth for the above described lease, which will be brought back to the Board for final approval. 26 Commissioner Bird did not feel that $24,000 was adequate compensation for using this site. With the guy wire configuration on this tower, you are talking about the use of 9 acres, and he would not vote to give up 9 acres of County -owned land for $24,000 a year. He felt the way it is written up is misleading, because they only want a little piece 45' x 55', but by the time you get those guy wires out there, you are talking about 600' x 600'. Administrator Balczun stated that was the telephone company's proverbial first offer and we intend to negotiate tong and hard with them. Commissioner Eggert pointed out that there is also the matter of liability for us within the fall of the tower. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized staff to further negotiate the lease with the BellSouth Telephone Company. APPOINTMENT TO DOWNTOWN REDEVELOPMENT AGENCY Chairman Scurlock advised that Vero Beach Councilman Warren Winchester called the other day and requested that the County Commission appoint a member of the Commission to serve on the new redevelopment committee being formed by the City of Vero Beach, and Commissioner Eggert has expressed an interest in serving. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously appointed Commissioner Eggert to serve on the Downtown Redevelopment Agency. SEBASTIAN WATERSHED ACTION COMMITTEE The Board reviewed the following memo dated 2/8/88: 27 FEB 13 1988 BOOK 70 FA;F 814 €E6 9 1988 EOOK 70 WE 815 TO: Board of County Commissioners FROM• Gary C. Wheeler Vice Chairman DATE: February 8, 1988 FILE: SUBJECT: Watershed Committees REFERENCES: The Indian River Lagoon Narrows Action Committee, and the Sebastian Watershed Action Committee met simultaneously and I was unable to attend both meetings. I did attend the Indian River Lagoon Narrows Action Committee, and was appointed Chairman of that committee. I would like to suggest that Commissioner Margaret C. Bowman be appointed as the County Commission's representative to -serve on the Sebastian Watershed Action Committee. Commissioner Wheeler reported that last Friday he went up to Melbourne to attend the organizational meetings of the Indian River Lagoon Narrows Action Committee and the Sebastian Watershed Action Committee; however, they were being held simultaneously and he was able to attend only the Narrows Committee. He would like to ask that Commissioner Bowman be appointed to the Sebastian Watershed Committee and he would stay on the Narrows Committee where he'has been elected chairman. Commissioner Bird asked if it is necessary to have all these committees studying the river in one way or another, and Commissioner Wheeler explained that basically this is a spin-off from the Marine Resources Council and currently there is $5 -million available in federal funds -- $3 -million for planning and $2 -million for acting. The feeling of the Marine Resources Committee is that they don't want any more planning, as they have done that. They do want the $2 -million to enact some type of 28 management system for the stormwater runoff and the watershed. The lagoon watersheds go back into where you get your sheet flows and everything else, so it is not just the river or the lagoon as we see it. Commissioner Bowman explained that they have divided the entire lagoon up into 3 sections because it is impossible for any one group to deal with the entire area. She believed that now is the time for us to get politically involved, because that is what it is all about. Chairman Scurlock felt that Commissioner Bowman should serve on the Watershed Committee since she knew more about it than anyone else, and Commissioner Bowman interjected that she has been working with this for a long time and would like to see Commissioner Wheeler get involved as it is very important that someone else from the Board of County Commissioners knows something about what is going on. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Commissioner Bowman to the Sebastian Watershed Committee. NORTH COUNTY FIRE DISTRICT MEETING The Chairman announced that immediately upon adjournment the Board of County Commissioners would reconvene acting as the District Board of Fire Commissioners of the North Indian River County Fire District. Those Minutes are being prepared separately. FEBL 0 1988 29 BOOK 70 R4r.iE 816 'FEB ) 1988 DOCUMENTS TO BE MADE PART OF THE RECORD BOOK 70 F'AGE 817 • A. Proclamation - National Burn Prevention Week The following proclamation is hereby made part of the record: PROCLAMAT I O N Designating February 8-15, 1988 as NATIONAL BURN PREVENTION WEEK in Indian River County, Florida WHEREAS, the Shriners all over the world are sponsoring National Burn Prevention Week; and WHEREAS, literature is being passed out to help prevent a fire from starting; and WHEREAS, Shriners throughout North America have raised millions of dollars to support the Shriners Hospitals and Burn Institutes to insure a brighter future for these and future generations; and WHEREAS, more than 260,000 people have been treated and returned to society either cured or substantially helped, where neither patients nor their parents have been required to pay for this outstanding medical care given at one of the Shriners Burn Hospitals; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, Florida that the week of February 8-15, 1988 be designated as NATIONAL BURN PREVENTION WEEK in Indian River County, and the Board further urges all the citizens of Indian River County to acknowledge and give their support to this worthwhile cause. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Don Scu ock, Jr. airman 30 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:35 o'clock A.M. ATTEST; Clerk Chairman IFEB 9 1988 31 ®ale 0 :PriE 818