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Home My WebLink About6/14/1988M I= Tuesday, June 14, 1988 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, Tuesday, June 14, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Richard N. Bird; and Marqaret C. Bowman. Absent were Commissioner Carolyn K. Eggert and Vice Chairman Gary C. Wheeler, who were out of town. Also present were Charles P. Balczun, County Administrator; Sharon P. Brennan, Assistant County Attorney acting as Attorney to the Board in the absence of County Attorney Charles P. Vitunac; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order and led the Pledge of Allegiance to the Flag. He then informed those present that Commissioner Eggert and Commissioner Wheeler will not be present today. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS The Chairman asked that one item (Bid #429R for an elevating scraper and track type tractor) be added under the County Administrator's matters as Item 9A (3). ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Bird, Commissioners Eggert and Wheeler being absent, the Board unanimously (3-0) approved the addition of the above item to the agenda. 'JUIN 141988 BooK .73 i,,Ar 2. I M APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of May 17, 1988. Commissioner Bowman referred to Page 61 where mulch was discussed. She noted that we are buying mulch, not trees, and asked that the first paragraph in that discussion be corrected to read as follows: "Commissioner Bowman wished to have the Board direct staff to use Melaleuca mulch whenever possible, instead of using Cypress mulch. She wished to see the Board set a policy of buying Melaleuca mulch, which is made from Melaleuca trees." Commissioner Bowman then asked that the words "trees for" be deleted from the next paragraph so that it would read "purchase Melaleuca mulch whenever possible....." ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Bird, the Board unanimously (3-0) approved the Minutes of the Regular Meeting of May 17, 1988, as corrected. CONSENT AGENDA (1) Budget Transfer - Sheriff The Board reviewed letter from Sheriff Dobeck: Z B00% ..13 FnU , 2, 6 SUN 141989 , A -bPTif f P. O. BOX 608 PHONE 369-6700 June 3, 1988 R.T."TW DOBECK - INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VEBO BEACH, FLORIDA 32961-0006 Honorable Don C. Scurlock, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 JUN ltb8 RECEIVE,) WARD CDUfM COMMISSIONERS RE: 1987-88 Budget Contingency, Law Enforcement Dear Doug: (DISTRIBUTION UST Commissioners Administrator 1� Attorney Personnel Public Works Community Dev. Utilities Finance Other This letter is a request for approval to transfer the $20,000 contingency in my Law Enforcement budget to Capital/Auto Equipment. The transfer is necessary to cover the Deficit in this account brought about by the increased cost in the purchase price of the vehicles above the budgeted amount, and the fact that we are not selling any surplus vehicles as anticipated at the time of budget preparation and approval. Due to the mileage and condition of the vehicles scheduled to be disposed of, we are able to utilize them for an additional year at a substantial saving to the county. I am requesting this item be placed on the "Consent Agenda" for June 14, 1988. If you have any questions or any further information is required, please let me know. Sincerely, 00 R. T. "TIM" DOBECK, SHERIFF ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (3-0) approved the Sheriff's request to transfer the $20,000 con- tingency in his Law Enforcement budget to Capital/ Auto Equipment. Bouj+j 973 ►SUN 14 1988 (2) Report - (Occupational License Taxes Collected) The following report was received and put on file in the Office of Clerk to the Board: mrmnDe Nnt iM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector O DATE: June 2, 1988 SUBJECT: Occupational Licenses Pursuant to Indian River County Ordinance No. 86-59, please be informed that $1,114.50 was collected in occupational license taxes during the month of May, 1988, representing the issuance of 100 licenses. Gene E. Morris, Tax Collector (3) Change Order to Bid #428 - (Term Contract for Carpet) The Board reviewed memo from Purchasing Manager Ambler: TO. Charles P. Balczun County Administrator ATEJune 3, 1988 FILE. SUBJECT: cMrrcE ORDER TO BID #428 TERM CONTRACT FOR CARPET' FROM•��i REFERENCES: Mm Ambler, Purchasing Department 1.DESCRIPTION AND CONDITIONS: On May 2,1988 an award was made for this contract to Sherwin Williams Co. of Ft. Pierce. The prices contained in the bid represent a 30% reduction in carpet prices for the county. The Building and Grounds Department has requested that purchasing process a change order to this term contract to add vinyl flooring which was not part of the original bid. The prices offered to the County by Sherwin Williams Co. are excellent. 4 U 1 Boow.. 73 [-,u-?8 2 e ALTF.i ATnW AMID ANALYSIS: There are two possible alternatives for suppling vinyl flooring for the County's needs. The first is to process a change order to our term contract for carpet and the second, is to do a separate bid for vinyl flooring. Purchasing and the departn?nt feel that a fair price can be negotiated as a change order to the existing carpet contract and that bidding would serve no useful purpose for our vinyl flooring needs. The commodities of carpet and vinyl flooring are similar and should be part of one contact. We have coaPared the prices offered to us from Sherwin Williams to those received by verbal phone quotes and believe that they are excellent. 3. REC94CIDATIONS AND FUNDING: Staff recomnends that we proceed to authorize a change to the existing term contract for carpet and waive additional bidding. Purchasing is not holding any requisitions for vinyl flooring at this time. However, a site at the new jail requires the installation of vinal flooring and this contract will satisfy these needs. Before any requisitions are processed against this contract the Budget office will confirm that funding has been approved by the BCC. aaotreovem.rortro.oaAAAtoedrreAey ®W."iiO 9101i1MM A10 wwwa0000acmev. D a /WOW as,aaots�oNi y /' nMRan earauAma sera ! �r t ean�A t tan,srAn:a � TVP[ORDERDATEtwF 1 .t' AREA , ` OESCAPTINI : ' t OMIPATTERN i i an TCRALPFOM c• :"#w .� : ys r 6' 71 t _ 7, ., Ito) } i• �.,ORREM=t.i Ttr:oanpanyr spells m roll'*Dm ed. It spedib4 ---V1a the 1 k d the memiats 6tea move. on the revero sae. and , for on etAea sketdee anetsd spseWutlan she . ; .... m+ a Went keta0edon b speoab4 k to unEenmod and err Corrgaiy ee OG L' ✓XJ p O rneys mry unrod:e ■ eartraate, eeenaed vdrero reaukaq b maks Imtaeadon . a}tbr mrnrbb erd ere agtomer ewvrtres. err earoB!7 .. . • . (nbimr.lo.re cOnbaekrrankmhaeBonrrork Rae vdaepadEntlom � ad leer Moak{(?JbimpaetYshadber Won Wrpietam Breesh ed(a) - b qy Blit Centraao He Resp for e1N1 Yutaaatlm .. - . lhes and M oro aaOPty for dela" b or W" to cw*i s dWvwy or e -• irwhdmdaSa arrydifr smve•rrattbdmedrwrdip err matelots S Ae b are or eros , tabor dlepute>; U , povarmenLl I S�' IQi A :y YrtmpaondodMry btrarepaLibgnanyGo" be"ed tti bD dBW Company . ArbpsPpe.m.e. b, u,aaar.irA: mereap.aslt or d" . .T L! . ) " aa� a tmar YW mat W boktlea by Dowsed by Wit < VA OwN Calsq.4t deA a praddaa b uaafe aetrwau and sarQtional twlt0er d SlsrofAL i' y aawc ttemihe grtennar.�• `Z r'dr3<• z .i. A Tila;Cenlaet gs�ttee < : e •3- r ' _ TAX & - MW aoeretmea thi smis OaAnier the partim. wbr etlwMrr6ga and straemmb NW not bkrarp be Rana ad aarawabana Baa Centrad mar not be r01605ed or modelled scrod. .. fte nasur"In wrweya of no Gmwn end the tketonrar. TOTAL .. LES& OMK= • ; • _ e ii: a1:i wlomer. t}Bal Is not approved by B» Carperyh craft OaParitrea ey vartdta de moheaerdw OWbe rstuaad b Do BALANCE INA Crib W. 20 ob OerMt stW bo wA vW wg d no etrea 'Ins toldea a scorner dua ees towowab pelt to the nano+ `> • mit O e.00w% per Retell In. Cash on co nptotlon Paynbad ov hi balance clue Lqm deliiveiv anWar Installation adddr�esa. meterialq at the kmlallatlan A �Istbn c a la a rMitional Bete, and title to the ep itbd meteriaia shaD remalb with fie Comps and Rhea not peas to, the Custonrer utdn nit total Win= dw int ka Customer ePecHfceEY In owi gly grants to tie ry the .Ignt and authority, upon the Custb aer's ralhoe to pay the total betanee pull in full at the time of comptetbn d denvery aro/o Uretallation, to trmeediately remove retake the speciHad castanets kn- cl,dad hn contract from the tnstanation withotd breach of peace. legal prODAss' but retake ahm the right to remove wW materiels, whether a not the removing and taking shall cause airy damage or k*xyt o he Installation address a any pert 1. Company Shan not ! be Fable for any s or I�nap. I ramovai and of the specified materiels Is abated b the Customer's datetdt h "Rymer and o dawmey- ment paid by Cus to the Company pta- Stmnt to a tract shell forfeited by customer, and be toward the ! rpt of remavtr of the material% and arty older to Iroidem.to contract By signing, 1 that I have rend the above tants that I fully understand their meardng arW kit ami sgmaa atsTcaaEme DATE The Sheywrn-w(uiams company STREET ADDF� %�',4--' OFMOTATE A W CODE / N4 13238 �i 'LTi--d'..s's:-;'�%J`.•_ ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (3-0) authorized a change to the existing term contract for carpet and waived additional bidding as recommended by staff. 5 JUN 141988 BooK.3 , a.c 2 (4) Tower Space Lease - Federal Communications Commission The Board reviewed memo from the Emergency Management Director: TO: Charles Balczun DATE: June 6, 1988 FILE: County Administrator - SUBJECT: Agenda Item - Approval to Tower Space Lease for antenna space on Hobart Tower for Federal Communications Commission FROM: Doug Wright , Director REFERENCES: Emergency Management Services It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its next regular meeting. DESCRIPTION AND CONDITIONS The Federal Communications Commission is seeking approval of the Board of County Commissioners to lease antenna space on the County owned Hobart Tower at Hobart Park at a height of 390 feet. The FCC has agreed to pay $180.00 per month or a total of $2,160 per year for lease of the referenced space. The Federal Communications Commission has also requested the following changes in the standard tower lease used by the County: 1. Section 3 - The standard lease prescribes that the FCC rental payments will be due on the first day of each month. The FCC requests an exception to this requirement inasmuch as it contravenes the prohibition against advance payments by the Federal Government contained in 31 U.S.C. ss 3324. Permission is requested to change the due date for payments to the last day of each month. 2. Section 9 - FCC advises that the idemnity clause contained in the lease. is limited by the terms of the Federal Torts Claims Act (FTCA), 28 U.S.C. ss 2671 et. seq. The FTCA governs the extent to which soverign immunity is waived for torts committed by federal agencies or their employees. Because, the FCC is a federal agency, an exception is requested because the FTCA limitation applies in lieu of the idemnity clause contained in the lease. 3. Section 10 - The FCC advises that the United States Government is a self insurer and the FTCA is the exclusive remedy avail- able to plaintiffs asserting tort claims for personal injuries or property damages. The FCC alleges that in view of this, they can properly avoid the ipsurance requirement set forth in the proposed lease. The lease has been signed by the Nydia M. Colleman, Contracting Officer for the Federal Communications Commission on the basis of the exceptions noted. 6 AUIN 141988 a®oK 73 t ALTERNATIVES AND ANALYSIS The exceptions noted and requested by the Federal Communications Com- mission do not appear to have a major impact in terms of the lease and the major portion of the lease remains intact. The exceptions claimed allude only to the payment date and indemnity provided to the agency by the United States Code. The effective date of the lease will be changed to reflect the date --the lease is approved by the Board of County Commissioners and a copy --Zl•will be forwarded to the FCC to begin the payment process. RECOMMENDATION R Staff recommends approval of the attached Tower Space Lease and requests the Chairman be authorized to execute the document.. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (3-0) approved Tower Space Lease with the Federal Communications Commission as recommended by staff. TOWER SPACE LEASE STATE OF FLORIDA COUNTY OF INDIAN RIVER Indian River County Board of County Commissioners, hereinafter called "Lessor," and Federal Communications Commission 955 154th Ave., S.W... Vero Beach, Florida 32960 hereinafter called "Lessee," agree as follows: W I T N E S S E T H : 1. In consideration of rents, covenants, and agreements hereinafter reserved, the Lessor does hereby grant permission to the Lessee to install and operate the following described radio and operation equipment of Lessor's property at: Kiwanis-Hobart Park Indian•River County, Florida Latitude: 27o 44' 10"N Longitude: Boo 27' 261-W A. Antenna to be located 390 feet above ground level. S. Flexible coaxial transmission line between antenna and radio equipment. Such coaxial line to be anchored firmly to the tower. C. Radio. communications, equipment consisting of transmitter, receiver and accessories to be installed in the tower equipment shed located at the base of the tower to encompass an area not to exceed_ 10 square feet. SAID LEASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. JUN 141998 7 BOOK 73FACE 31 (5) Release of County Liens The Board reviewed memo from the County Attorney: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: June 3, 1988 RE: CONSENT AGENDA - FOR BCC MEETING 6/14/88 RELEASE OF COUNTY LIENS Lea Keller of this office has processed the following and requests permission for the Chairman to execute the release forms: Several Releases of Water Liens River Shores Estates, Unit 1 Several'Releases of Water Liens Seminole Shores Water Project Several Releases of Wastewater Liens Seminole Shores Wastewater Project Several Releases of Wastewater Liens Anglers Cove Wastewater Project Release of 12 ERUs each/Water & Sewer Bldg. 36 of VISTA PLANTATION Release of 12 ERUs - Sewer Bldg. 39 of VISTA PLANTATION Release of 1 ERU each/Water 8 Sewer Lynnlee Development Corporation Unit 204, Pinecreek Condominium V Release of 1 Sewer ERU Realcor-Vero Beach (Countryside/Lot 279) Back-up information for the above is on file in the County Attorney's 8 Utilities Department Offices ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (3-0) approved Releases of Water Liens and Wastewater Liens as listed above and authorized the signature of the Chairman. COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 419'88 8 BOOK 73 3 PUBLIC HEARING - ANIMAL CONTROL ORDINANCE The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily 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 daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a�i 0 in the matter r,.. ••' in the r Court, was pub- lished in Bald newspaper in the issues of O Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribedHforfne thi 'day of A.D. 19 ? usiness Manager) •-.. / -moi: _ 1 !'t,t.�:: � (SEAL) (Clerk of the Clrcuit Court( Indian River County, Florida) 777777777777 NOTICE'-(fhe Board of CountyCommiso River County. Florlda. hereby a. Pubic Hearing'acheduled•for`fl:0 A -WOR June 14, 19811. to dWOM a proposed (J M.d. rNtinnDo Indian RNr Conrye eor 0ggINANCE OF RIVER. FLORIDA, AMENDING "iSECTION6 _ .n « . aun a to ngTHL IUMM-RIVER c�x+ryr Administrator Balczun reviewed the following memo: TO: Board of County Commissioners FROM: Sharon Phillips Brennan - Assistant County Attorney DATE: June 7, 1988 Re: ANIMAL CONTROLORDINANCE Presented today for your approval is the Indian River County Animal Control Ordinance which.1 if approved and adopted by the Board,will enable the Board to appoint animal control officers who may issue citations for violations of the Ordinance. 9 e q 141908 BOOK 7 r.��E f3 0 The Administrator informed the Board that staff recommends proceeding with the proposed Ordinance which essentially gives staff the right to issue citations, and then the larger ordinance will come before the Board in another few months. Chairman Scurlock understood that basically this gives staff the ability to do the citation rather than having to wait for a Deputy and that it also adjusts the fees upwards. Commissioner Bird believed this is something we need, but noted that it puts a burden on our Animal Control people to use this power wisely and with discretion. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Bird, the Board unanimously (3-0) adopted Ordinance 88-24 amending certain sections of the Animal Control Ordinance. ORDINANCE NO. 88- 24 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 3-6, 3-13, 3-16, AND 3-19 OF THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE AND CREATING SECTIONS 3-20, 3-21, 3-22, AND 3-23 OF THE INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR APPOINTMENT OF AN.I MAL CONTROL OFFICERS; PROVIDING FOR ISSUANCE OF CITATIONS FOR VIOLATIONS OF THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE; PROVIDING FOR THE FORM OF THE CITATION; PROVIDING FOR THE REPEAL OF THAT PORTION OF SECTION 16 OF INDIAN RIVER COUNTY ORDINANCE NO. 83-22 WHICH PROVIDES FOR IMPRISONMENT FOR VIOLATION OF THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. ORDINANCE 88-24 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. I 1988 10 BOOK 7J P'�,CF .34 PURCHASE OF TRUNKING RADIO REPEATER SYSTEM Admin. Balczun reviewed the following memo: TO: Charles Balczun DATE: June 6, 1988 FILE: County Administrator SUBJECT: Agenda Item - Approval to Purchase Trunking Radio Repeater System FROM: Doug Wright, Director REFERENCES: Emergency Management Services It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at the next regular meeting. DESCRIPTION AND CONDITIONS The Indian River County Board of County Commissioners approved a Five Year Communications Plan on July 9, 1985. This action imple- mented the process of upgrading county communications to a trunking radio system. A majority of the County departments are now utilizing the new trunking radios which provides department autonomy as well as the capability to activate a common net to communicate with other agencies for interagency needs. One of the requirements of the trunking radio system is the use and operation of a repeater system. A fee of $9.00 per month per radio is charged for repeater access in the VHF spectrum. An additional fee of $45.00 is charged each month for those trunking radios' -that have a phone patch capability. Currently, Indian,•River County pays Communications of Vero $1,392 for repeater and RT circuit access. The entire trunking radio repeater system can be purchased. for a quoted price at $53,273.20 including installation. The quoted price includes all-new equipment as noted on attachment. Three additional county departments... have projected the purchase of twenty-two more 800 MHz trunking radios to increase the monthly access fee paid by the County to $1,950 per month in FY 88-89. If approved by the Board of County Commissioners, this would complete to a large' degree the five year communications plan prior adopted by the County. It appears the purchase of the trunking radio repeater system would be appropriate in terms of recurring monthly expenses over the long term. ALTERNATIVES AND ANALYSIS The Indian.River County Board of County Commissioners approved funding in the FY 87-88 budget to purchase the trunking radio system through the Government Lease Program with payments over a seven year span. The significant increase in the number of radios has made the purchase of the system a high priority. At the current monthly rate of $1,950.00, the County could pay for the system in less than thirty months. After the system has been paid for, revenues generated would be used for other improvements in the County Communications system. 11 BOOK 73 rnuF, 35 II It appears that the options available to the County are: 1. Continue to pay Consolidated Enterprises (Communications of Vero) the current monthly recurring costs of $1,392 and projected monthly costs of $1,950 if additional UHF radios requested in FY 88-89 are approved for purchase. 2. Purchase the repeater system (all new equipment) with fees continuing to be assessed for county users. When the repeater system is paid for, revisit the fee structure in terms of operation and future costs with adjustments as necessary. k BECOMMENDATION Staff recommends the Board of County Commissioners approve the pur- chase of the UHF Repeater System with financing to be accomplished by interfund borrowing or purchase through the GE Government Lease Purchase Program. If the purchase is approved,.the Office of Management and Budget Director will seek the most appropriate and favorable purchase option. The same fee structure is recommended during the period of paying for the asset with billing to occur from the Depart- ment of Emergency Management Services. Since the other manufacturers of mobile radio equipment will not interface with GE trunking radios, the equipment specified will have to be General Electric brand. To preclude a fee for the removal of existing equipment and increasing the price of the system, it is recommended that the purchase be made from the. local franchise vendor whose quoted prices are equal to or less than those reflected the GSA Schedule of mobile radio equipment. Final purchase arrangements will be brought back to the Board of County Commissioners for approval. Administrator Balczun noted that this will enable us to proceed with acquiring our own UHF frequency; the administrative part of licensing has been taken care of. Currently we use a UHF frequency license which is assigned to Communications of Vero, and it is Emergency Director Wright's estimate that we will have paid -for this new trunking system in about 30 months. Staff recommends this highly., especially as frequencies are becoming much more difficult to obtain. Chairman Scurlock commented that apparently the total cost is $53,273.20., and this was confirmed. He then pointed out that we are just about to get into budget sessions and asked if -this is an item that could be better budgeted for in the next budget year. He wished to know the urgency because he believed it would be necessary to go into some sort of contingency to pay for this. Emergency Management Director Wright informed the Board that this matter was presented and the purchase approved in last 2 BOOK 73 F.,vr 36 JUN 14 1988 year's budget, and he just now came back with more information and some firm figures. He further advised that last Thursday in Tallahassee, he just got the County's UHF frequencies recommended to the FCC. Chairman Scurlock wished know where this was included in the budget, and Director Wright stated that it is in the Tower budget; we did budget the money, plus we will then turn right around and have the fees coming to us the very month after we purchase the system. Chairman Scurlock noted that he had just wanted it con- firmed that we are not going into contingencies because he has made a decision that he is not voting to take any money out of contingency for the rest of the year. Commissioner Bowman inquired how much was budgeted, and Director Wright advised that they budgeted $10,400 because they were looking at a lease/purchase plan at that time. Commissioner Bird wished to know how $10,400 related to $53,000, and Director Wright explained that they had planned on a lease/purchase arrangement where they just would be making monthly payments instead of purchasing the whole system at one time, and what they budgeted was the monthly increment of payments for the year. The Chairman noted that there then is a shortfall of $43,000, and wished to know where that is going to come from. OMB Director Baird stated that it would come from contingencies, and Chairman Scurlock stressed that he cannot vote for that. He understands what staff wants to do,. but the timing is the problem. Director Wright pointed out that another consideration is that he did not know that Communications of Vero frequencies are going to continue to be available to us to use until October. They have reached a peak of overload, and also there is another matter involving some litigation. JUN 14 1988 13 eoo Fa,r Commissioner Bowman pointed out that this purchase would result in a savings of $16,000 over a year's time, and Chairman Scurlock noted that he is in favor of saving the money; he just questioned the timing of doing this now rather than waiting until the new budget year. We had a lot of complaints from the public about the size of our reserve last year, and he wanted to build up our reserve rather than continue to go into contingencies. Commissioner Bowman asked if this can wait three months, and Director Wright stated that it could if the frequencies are still available for us to rent, but he did not know that they will be in another 30-45 days. He noted that he has been pursuing getting these frequencies since last August. Chairman Scurlock asked if there isn't some way that we can work out using the $10,000 that is budgeted and defer the total purchase until October 1st. Questions arose as to the balance left in contingency, and OMB Director Baird advised that we started out the budget year with about 1.2 million in reserve, and if this item were approved to be taken from contingency, we will be down to $150,000. He explained that we encountered some large unanticipated expenses, mainly related to .law enforcement, i.e., additional correction officers, etc. Discussion ensued at length as to various alternatives for acquiring the equipment without going to contingencies, and Administrator Balczun asked if possibly the contractor would agree to execution of a lease/purchase agreement now and then sometime subsequent to October 1st, have a caveat that the County, at its option, could convert to a straight purchase without incurring lease/purchase penalties. It was generally agreed that was a good solution, and Director Wright wished to note for the record that he had recommended acquiring this equipment either through the lease/ purchase program or interfund borrowing as he is aware of the JUN 14 BOOK 73 ?ArF 38 1 � Board's position about contingencies and that was not his recommendation. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Bird, the Board unanimously (4-0) author- ized negotiation of a lease/purchase agreement as discussed with no penalty clauses to acquire the Trunking Radio Repeater System. GIFFORD SEWER PROJECT CONTRACT #3 - SEWER LATERALS TO SERVE VACANT LOTS Admin. Balczun reviewed the following: TO: CHARLES P. BALCZUN DATE: JUNE 6, 1988 COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES SUBJECT: GIFFORD SEWER PROJECT CONTRACT43 CONSTRUCTION OF SEWER LATERALS TO SERVE VACANT LOTS BACKGROUND As a result of the current Gifford Sewer Project, there are a large number of lots that will be developable upon completion of the project. In order to eliminate the need to destroy the street paving and to save time and money, it is necessary to proceed with the installation of sewer laterals to serve vacant lots prior to paving. The intent of this decision is to have the laterals installed by the present contractor, Douglas Higgins, Inc., during construction of the sewer main in -the portion of the project remaining to be constructed and any area where the streets have not yet been paved. It is anticipated that a portion of the additional cost of constructing these laterals to serve vacant lots will be offset by Utilizing approximately $50,000.00, which was included in the original Bid sales tax that no longer applies. ANALYSIS This proposed addition to the contract of constructing laterals to serve vacant lots will constitute a change order. In order to maximize the number of laterals to be constructed for service to vacant lots in Districts 1, 2, 3 and 4 and portions of Districts 5 and 6 where the streets are yet unpaved. RECOMMENDATION Staff of the Utility Services Department request authorization from the Board of County Commissioners to immediately approve the installation of the laterals and approval of the preparation of the necessary change order. 15 Bou 6 3 J!;F. JUN .14 1988 The Administrator explained that all this ultimately will cost more than $50,000; what they are asking is Board approval to begin the project, and then they will return to the Board when additional work is to be done. He further explained that there isn't quite $50,000 available because when the Legislature went through the repeal of the Services Tax, the Sales Tax was adjusted by 10; so, while the number is fairly close to $50,000, that is not the exact number. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously (3-0) approved installation of the laterals as recommended by staff and authorized preparation of the necessary change order. AWARD OF BID #429R - ELEVATING SCRAPER 8 TRACK TYPE TRACTOR FOR SOLID WASTE Before discussion in regard to the Bid began, Utilities Director Pinto noted that this item should be addressed by the Commission sitting as the Solid Waste Disposal District Board. OMB Director Baird informed the Board that this item will need to be addressed both by the District and by the Board of County Commissioners because we will be trading in equipment which the Board leases to the District. It, therefore, will be necessary that the County Commission first take a vote to declare those two pieces of equipment surplus. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Bird, the Board unanimously (3-0) declared the following pieces of equipment surplus: Caterpillar D6C Bulldozer, Serial #10K7309 Caterpillar 623B Elevated Scraper, Serial #46P831 16 BOOK / F' 1f i1 'JUN 141988 SOLID WASTE DISPOSAL_ DISTRICT The Board of County Commissioners thereupon recessed at 9:15 o'clock A.M. and reconvened as the District Board of the Solid Waste Disposal District. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 9:30 o'clock A.M. with the same members present, Commissioners Eggert and Wheeler being absent. OVERDUE ASSESSMENT_ LIENS Attorney Brennan reviewed the following memo: TO: Board of County Commissioners a4s,�?"(AZF� FROM: Charles P. Vitunac, County Attorney DATE: June 6, 1988 RE: OVERDUE ASSESSMENT LIENS Paving & Drainage Commission Meeting - June 14, 1988 In- the past, after paving and drainage projects were completed by the -County Public -Works Department, assessments were forwarded to the Tax Collector's Office for collection. These liens were not recorded. in the Pubiic Records, since state law does not require recording for the liens to be good. However, as properties changed hands over the years, the new owners were not always aware of the lien. A short time ago this office was advised by the Tax Collector's Office that there were approximately 60 delinquent assessment liens. We notified all of the affected property owners that there was a delinquent lien :against their property. (See sample letter .attached and follow-up letter.) In several cases property owners have called in to say they. were unaware of any lien and indicated that they would be willing to pay off the principal amount of the lien, but they feel they should not have to pay the interest. A few 17 Boa 73 rte E 41 ►JUN 1 4 1998 people have sent checks into the Tax Collector accord.i_ngly, and since the amount sent does not correspond with the total amount shown due, the Tax Collector cannot accept these checks without Board approval to do so. We are presenting this matter to the Board for direction. This problem should not occur again in the future, since we .are now recording all new assessment liens. Chairman Scurlock believed, since we now have a procedure in place where we record these liens, that there is some merit in going ahead and getting that principal amount and waiving the interest, with it being duly noted that we are not setting a precedent; that the new procedure is in effect; and that this will be self-limiting since it will not continue to occur in the future. Commissioner Bowman asked if Public Works doesn't have to report these to the Tax Collector and was informed they do. Chairman Scurlock noted that we go ahead and record every- thing now, but under the old policy it was not necessary to record. It was the recommendation of the County Attorney's office that all of these should be recorded. Commissioner Bird asked if, to be consistent, we shouldn't either charge interest or not charge interest across the board to everyone. Chairman Scurlock stated that his feeling was that we should just waive the interest on these sixty simply because we didn't record them and there was some communication problem. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, to adopt the policy of accepting these payments without interest to clean up these particular items. .A lady from the audience (Mrs. Rose) presented her bill, explaining that she had already paid interest, and she wished to know if she would get that interest back. 18 BOOK .73 pnx 42 t Attorney Brennan explained the request is that the subject assessments would be for the principal amount only. To keep it consistent, if the Board votes not to require the interest, we would refund the interest to those who have paid it. Board members felt we should be consistent one way or the other, and agreed the interest should be refunded. A gentleman from the audience also had a question on the road assessment. He noted that he has been in his house about three years and over that period of time, had almost $200 of interest accrued. When he first got his property, he called up and was told he would be billed. He has already paid the interest. He was advised that the Board has indicated they will waive the interest, and it will be refunded. OMB Director Baird cautioned the Board that possibly hundreds could be involved in this,.and he did not know if the county is ready to see what their exposure is on this item. Chairman Scurlock stated that we are not taking on hundreds, just those being considered today, and Attorney Brennan confirmed it would be only those 60 who were notified. OMB Director Baird noted the gentleman who just spoke may not be among those 60, because there are a lot of people who have not paid their assessments, and he did not want them to assume that everybody is being waived. Chairman Scurlock again emphasized that we are just doing this only for those assessments that are before us today, which amount to 60, and Administrator Balczun requested that whoever made the Motion please repeat what the Chairman just said as part of the Motion because we don't want someone coming in here a year from now and saying we waived the interest generally. Commissioner Bird thought it was only due to the confusion over this 60 that we were making this exception and waiving the interest, and this was confirmed by Attorney Brennan and the Administrator, who again asked that this be included in the Motion. 19 BOOK0 -nF 43 Commissioner Bird and Commissioner Bowman agreed to restate their Motion as follows: MOTION WAS MADE by Commissioner Bird, SECONDED by Com- missioner Bowman, to accept payments without interest to clean up these particular assessment liens per list of the sixty involved as supplied by the County Attorney's office, which list is on file in the Office of Clerk to the Board. THE CHAIRMAN CALLED FOR QUESTION. It was voted on and carried unanimously (3-0), Commissioners Eggert and Wheeler being absent. ASSESSMENT LIEN (CORRECTION FOR CHARLES WOHLFARTH) Attorney Brennan reviewed the following memo, noting that they just want the Board to waive the interest on the lot Mr. Wohlfarth doesn't own: TO: Board of County Commissioners C eqU�� FROM: Charles P. Vitunac, County Attorney DATE: June 7, 1988 RE: ASSESSMENT LIEN - Paving E Drainage Commission Meeting - June 14, 1988 This matter involves a request by Mr. Charles Wohlfarth to have the interest which has accrued on the special assessment against his property waived. Mr. Wohlfarth came to the Tax Collector's Office on Monday, June 6, 1988, to explain that he had been assessed for two lots rather than one. He reminded them that he had told the Tax Collector's Office about this a year ago, and they had instructed him to wait until he was rebilled by them accordingly. Since that time, he has never been rebilled until this notice (which still included the two lots plus accrued interest). AN 14 1988 20 Boa .73 i l' GE 44 e I We have spoken with the Tax Collector's Office about this, and they verified that there was some confusion on•this assessment. They have corrected the bill to Include only the one lot which Mr. Wolfarth owns, but they do not have the authority to waive the interest which has accrued without Board approval. We are presenting this matter to the Board for its consideration. Discussion ensued regarding a Motion to authorize the Tax Collector to correct the bill for Mr. Wohlfarth's property to show that he will be billed the principal for just one lot, and Admin. Balczun clarified that Mr. Wohlfarth was assessed for two lots, one of which was assessable and one that was not, and, therefore, we should waive both principal and interest on the lot that was not assessable. ON MOTION by Commissioner Bird, SECONDED by Commis-' sioner Bowman, the Board unanimously (3-0) authorized the Tax Collector to waive both principal and interest on the lot incorrectly assessed to Charles Wohlfarth. INTERLOCAL AGREEMENT W/STATE ATTORNEY AND MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES Attorney Brennan reviewed her memo, as follows: TO: Board of County Commissioners FROM: Sharon Phillips Brennan - Assistant County Attorney DATE: June 8, 1988 RE: INTERLOCAL AGREEMENT WITH THE STATE ATTORNEY, MARTIN COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE COUNTY This Agreement formalizes the procedure by which the counties pay circuit -wide expenses of the State Attorney's Office. Under the Agreement for the coming year, the counties would agree that the percentage of circuit -wide expenses is 44.6%, and of that the pro rata share for Indian River County would be 26%, based on population. This Agreement applies only to circuit -wide expenses that the counties are required to pay under Florida Statutes, Section 27.34(2) such as office space, utilities, telephone service, library services, and transportation services. Those expenses which are not circuit -wide shall be billed to each county as appropriate. 21 BOOK a ,C 4 I b d Chairman Scurlock questioned the figures on Page 2 of the proposed agreement for each county's pro -rata share, which show only a 1% difference between Indian River County and Martin County since he believed there is a significant difference in population. Attorney Brennan advised that a month ago the formula being used was the same we were using for the Medical Examiner Agreement. Chairman Scurlock pointed out that the Medical Examiner formula is based on cases not population. It would be hard to convince him that Martin County does not have a good deal more population than Indian River County, and he would like this checked. OMB Baird had one concern. He wished to know, in the event we are dissatisfied with this arrangement as we were with the Medical Examiner, and all the other counties voted on it, are we then automatically bound to pay our share when we feet we didn't get the services. He realized we did not have any problems in this area now, but felt we should protect ourselves for the future. Attorney Brennan advised that we can get out of the agreement, but we must give twelve months' notice. She further noted that.the Agreement is with Bruce Colton, not with the State Attorney's Office; so, if there should be a change in personnel, we would have to enter into a new agreement. Administrator Balczun informed the Board that the Planning Department has advised that the most current official population data they have is for the period ending 1985, and it indicates Indian River County at 76,000 and Martin County at 80,000. ON MOTION,by Commissioner Bird, SECONDED by Commis- sioner Bowman,(Chairman Scurlock voting in opposition and Commissioners Eggert and Wheeler being absent), the Board by a 2 to 1 vote, approved the Interlocal 22 B®OK 73 f a d 46 JUN 141989 , * M Agreement with Bruce H. Colton, State Attorney for the 19th Judicial Circuit, and Martin, Okeechobee and St. Lucie Counties. Chairman Scurlock advised that he voted against this because he is still concerned about the population numbers and the twelve month period. SAID AGREEMENT WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:50 o'clock A.M. ATTEST: ✓ .�. G, dZee� Chairman JUN 14 1988 23 BOOK 73 F,�,E 47