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HomeMy WebLinkAbout4/24/1990i r � BOAF2E:> ACTION & IMPLEMENTATION BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Dip f��A G E N D A `r�REGULAR MEETING APRIL 24, 1990 cru,L`+ .9:00 A.M. - COUNTY COMMISSION CHAMBER wA1JM1N15`1'RA'1'1011 BU1LL11Vla 1840 25th STREET VERO BEACH, FLORIDA - °&1L ;: COUNTY COMMISSIONERS. arolyn K. Eggert, Chairman •.;;xw�:Richard N. Bird, Vice Chairman argaret C. Bowman 14• on C. Scurlock, Jr. Gary C. Wheeler James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 144 -.."....9:00 AM 1 CALL TO ORDER ;.., 2. INVOCATION - none 3. - PLEDGE OF ALLEGIANCE Charles P. Vitunac County Attorney '.' 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS A. Chairman Eggert req. addn under her items of discussion of letter rec'd.from Catholic Charities in regard to Grant Progr.for Home- ;;- less funds as Item 12A (1) &addn as 12A(2)of item supporting for the Arts. ' .•^,;t�:�;,;. �. B. Commr.Wheeler added s 12E (l) rggardingt Comm .Corrections Act & Co. ;•a;'..' Atty Vitunac req. addn of item in ref. o option contr.on 10 ac.tr. is 5. H s APPROVAL OF MINUTES at Kings wy.& Hobart Road as 11B. none 6. CONSENT AGENDA Approved A. Appointments to County Fire Ad Hoc Committee (Memorandum dated 4/17/90) Approved. P + 90-48 `t Approved. B. Approval of Out -of -County Travel for Commissioner Wheeler and other Interested Parties to Tour Daytona and Ocala Courthouses C. Approval of Change in Sebastian's Representation on Transportation Planning Committee (Letter dated 4/13/90) D. Resolution Affirming Indian River Arts Council's Status as the Local Arts Agency (Letter dated 4/8/90) E. Report of Occupational License Taxes Collected During Month of March, 1990 (Memorandum dated 4/16/90) APR 2 41990 BOOK. �--; "Uf r APR 2 41990 _ BOOK % �'r�a 6. -,.CONSENT AGENDA - CONTINUED F. Release of Easement, Warner Res. 90-49 Pyne, Jr. Lot 14, Replat of Bent Pine Subdivision Units 3 & 4 (Unit 3) (Memorandum dated 4/3/90) �= ;Approved. G. State Legalization Impact Assistance Grant '.''. (Memorandum dated 4/10/90) - Approved. H. Proclamation Designating May 11, 1990 as Purple Heart Day (Memorandum dated 4/24/90) -. staff to make necessary I. Budget Amendment 057, To Pay -"Wdget amendment to fund out ~f:g as "• Sewer Line Assessment on Indian River Blvd. Phase I (Memorandum dated 4/17/90) - Spcoved. J. Budget Amendment 059, Florida Inland Boating Program Grant (Memorandum dated 4/17/90) .J. igject-all bids and K. IRC Bid 90-52, Irrigation System ,dvertise. for Grapefruit Grove (Memorandum dated 3/20/90) :t r rrQved. L. Extension of Contract to Construct Remaining Sidewalk Improvements in the Woodlands Subdivision (Memorandum dated 4/17/90) 7. CLERK TO THE BOARD none 9:05 AM 8. A. PUBLIC DISCUSSION ITEMS '$es. 90-50 S•„ •':_; 9•D-51 9. 10. none B. PUBLIC HEARINGS Increase in Franchise Fees for Treasure Coast Refuse Corp. (Memorandum dated 4/5/90) COUNTY ADMINISTRATOR'S MATTERS none DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Resolution re: Revised Levy" Public Nuisance Abatement Costs B. EMERGENCY MANAGEMENT none C. GENERAL SERVICES none D. LEISURE SF.RVTrrq none 'l , 4 -7, T 10. DEPARTMENTAL MATTERS - CONTINUED E. OFFICE OF MANAGEMENT AND BUDGET none F. PERSONNEL none G. PUBLIC WORKS '.. none H . UTILITIES Gifford Area Sewer Project lobed: Contract No. 1 - 1.0 MGD Wastewater Treatment Plant Change Order No. 1 and Final Payment •''�-"''" ` (Memorandum dated 4/16/90) 'i•rdot'staff to continue negotiations ftli.the State & National Guard 2) West Regional Wastewater flr 11. ee a trade can be accom- 41thed. Hold off on appraisal. Treatment Plant Percolation Td,dfy DNR of our interest in property. pond Site :;;►.:.• . (Memorandum dated 4/5/90) 3) Bid 90-57, Removal and Sale zej`fte bids and of Treatment Plants poked rec. (Memorandum dated 4/11/90) COUNTY ATTORNEY �o.`ettion - Ricky Dees to (A) CAD Consortium dine. back w/agreement from Data (Memorandum dated 4/11/90) j4riezal Computer Corp. A'`'cved Option (B) Option contract on possible purchase of 10 acre tract at NW corner of 12. COMMISSIONERS ITEMS King's Highway and Hobart Road. A. CHAIRMAN CAROLYN K. EGGERT Approved. 1. Catholic Charities - Letter of Support Letter to State to support 2. Funding for the Arts funding for the Arts. B. VICE CHAIRMAN RICHARD N. BIRD C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER DON C. SCURLOCK, JR. �.��, .• E. COMMISSIONER GARY C. WHEELER atter to appropriate Community Corrections Act. Mipporting FACO's position Bose the Community ,-ions Act. 13. SPECIAL DISTRICTS i' none ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. BOOK 1 FADE AP. R 2 41990 Tuesday, April 24, 1990 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, April 24, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; Don C. Scurlock, Jr.; and Gary C. Wheeler. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and County Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition under her items of the discussion of a letter received from Catholic Charities in regard to a Grant Program for Homeless funds as Item 12A (1) and the addition as 12A (2) of an item supporting funding for the Arts. Commissioner Wheeler asked that an item be added under his matters as 12E(1) regarding the Community Corrections Act, and County Attorney Vitunac requested the addition of an item in reference to an option contract on a 10 acre tract at Kings Highway and Hobart Road as 11B . ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously approved the addition of the items described above to the Agenda. BOOK �,1;c�� APR 4 1990 BOOK YC F�GE o APR 2 4 1990 CONSENT AGENDA Commissioner Scurlock requested that Items I and K be removed from the Consent Agenda for discussion. A. Appointments_ to County Fire Ad Hoc Committee The Board reviewed the following memo: TO: County Commissioners FROM: Alice E. White Admin. Secretary DATE: April 17, 1990 FILE: SUBJECT: County Fire Ad Hoc Committee REFERENCES: I have received the following names for representation on the County Fire Ad Hoc Committee: Carolyn Eggert - County Commissioner - Chairman,. Don C. Scurlock Jr. - County Commissioner Jay Smith,- Mayor, Vero Beach Mike Wodtke - Vice Mayor Lee Carter - City of Fellsmere Lonnie Powell - City of Sebastian Ernie Polverari - Town of Orchid Joseph Dorsky - Town of Indian River Shores John Kurutz - South County Volunteer Fire Fighter Pat Johnson - North County Volunteer -Fire Fighter Jim Judge - EMS Paramedic Wilbour Tripp - South County Paid Fire Fighter Michael Grice - North County Paid Fire Fighter B. T. Cooksey - At Large Member There is still a vacancy for the Gifford/Wabasso representative. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously approved the appointment of those listed above to the County Fire Ad Hoc Committee. 2 B, Out -of -County Travel ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously approved Out - of -County Travel for Commissioner Wheeler and other interested parties to tour Daytona and Ocala Court- houses. C. Change in Sebastian's Representation on TPC The Board reviewed letter from the City of Sebastian: City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 April 13, 1990 Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Attn: Alice White Dear Alice: Council Lloyd Rondeau will be unable to continue as non-technical voting member on the Indian River County Transportation Planning Committee, therefore, Vice Mayor Frank Oberbeck will serve as non-technical voting member and City Planner, Peter Jones will serve as nontechnical voting alternate. City Engineer, David Fisher will continue as technical nonvoting member. Sincerely, Kath yn iii. O' Halioran, - CMC/AAE City Clerk APR 2 41990 3 BOOK APR 2 4 1990 BOOK .1 FAGS ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously acknowledged the change in the City of Sebastian's representation on the Transportation Planning Committee as set out above. D._ Resolution_ Affirming Indian River Arts Council Status The Board reviewed the following letter: INDIAN r SRI VER ARTS COUNCIL P. O. Box 3748 Vero Beach, FL 32964 April 8,. Mr. Sasan Rohani, Chief Long -Range Planning Indian River County '} 1840 25th Street Vero Beach, Florida 32960 Dear Sasan: Thank you for your letter of March 14. As you will see from the enclosed correspondence from then - chairman Doug Scurlock, the Indian River Arts Council's status as the Local Arts Agency was reaffirmed by the Board of County Commissioners on August 9, 1988. While this evidence should restore our credibility, it is apparent that there is a lack of understanding as to what a Local Arts Agency is and how the Arts Council fulfills that function in the community. By copy of this letter to Chairman Eggert, I am re- questing the opportunity to appear before the Board of County Commissioners to -explain the role and function of the Indian River Arts Council as the county's designated Local Arts Agency. The enclosed brochure/calendar states the mission of our non-profit organization and its relationship to the many cultural efforts on-going within our community. Sincereiy," Nancy Lea Off t Coordinator 4 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously adopted Resolu- tion 90-48 affirming the status of the Indian River Arts Council as the Local Arts Agency. RESOLUTION NO. 90- 48 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, AFFIRMING THE INDIAN RIVER ARTS COUNCIL'S STATUS AS THE LOCAL ARTS AGENCY. WHEREAS, the Indian River Arts Council has been functioning as the umbrella organization for more than 25 cultural and artistic groups since it was established as a non-profit corporation in 1986, and WHEREAS, the County Commission and local municipalities have supported its efforts through annual proclamations and financial sharing of tourist tax revenues; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby affirms the Indian River Arts Council's status as its designated Local Arts Agency. The foregoing Resolution was offered by Commissioner Bird and seconded by Commissioner Bowman and upon being put to a vote the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Commissioner Margaret C. Bowman A -ye Commissioner Don C. Scurlock, Jr. Ay -e Commissioner Gary C. Wheeler 9xg The Chairman thereupon declared the resolution duly passed and adopted this 24th_ day of April 1990• BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA J By 5 ar'o y k: €gge h a rman B i` fr�UE F_ BOOK f �� F'riE g E. Report ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously accepted report from Tax Collector Gene Morris of the occupational license taxes collected during the month of March, 1990, as follows: TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: April 16, 1990 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $8,580.03 was collected in occupational license taxes during the month of March 1990, representing the issuance of 292 licenses. ene E. Morris, Tax Collector F. Release of Easement - Replat of Bent Pine Subdv. (Pyne, Jr.) The Board reviewed memo from Code Enforcement Officer Heath: 6 r - M M TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keaf in- AI Community Developmen irector THROUGH: Roland M. DeBlois-DO Chief of Environmental Planning FROM: Charles W. Heath u-?// Code Enforcement Officer DATE: April 3, 1990 SUBJECT: Release of Easement Request By: Warner Pyne, Jr. Lot 14, Replat of Bent Pine Subdivision Units 3 & 4, (Unit 3), Plat Book 11, Page 9A It is requested that the data herein presented be given formal ^;cons ideration by the Board of County Commissioners at their regular meeting of April 24, 1990. DESCRIPTION AND CONDITIONS: The County has been petitioned by Warner Pyne, Jr., for the release of a three (3) foot portion ofarear lot fifty (50) foot utility, drainage, and golf course maintenance easement, being the westerly three (3) feet of the easterly fifty (50) feet of Lot 14, A Replat of a Portion of Bent Pine Subdivision Units 3 & 4, (Unit 3), Part of Section 15 & 16, Township 32 South, Range 39 East, Indian River County, Florida; according to the plat thereof as recorded in Plat Book 11, Page 9A, of the Public Records if Indian River County, Florida. It is the petitiongr's intention to con- struct a single-family residence on the property. The current zoning classification is RM -4, Multi -family Residen- tial District. The Land Use Designation is L-2, Low Density Residential. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Company, Florida Power and Light Corporation, and the Indian River Engineering Division, and the Road upon their reviews, there were no three (3) foot portion of the fifty and golf course maintenance easement. RECOMMENDATION: the Southern Bell Telephone Company, Florida Cablevision County Utilities Department, and Bridge Division. Based objections to the release of (50) foot utility, drainage, Staff recommends to the Board, through the adoption of a resolu- tion, the release of the westerly three (3) feet of the easterly fifty (50) foot utility, drainage, and golf course maintenance easement of Lot 14, A Replat o.f a Portion of Bent Pine Subdivision Units 3 & 4, (Unit 3), a Part of Section 15 & 16, Township 32 South, Range 39 East, Indian River County, Florida; according to the plat thereof as recorded in Plat Book 11, Page 9A, of the Public Records of Indian River County, Florida. 7 BOCK F_ APR 2 41990 - BOOK . 19 PAGEP ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously adopted Resolution 90-49 releasing easement described above in Lot 14, Replat of Bent Pine Subdivision, Unit 3 8 4, (Unit 3) as requested by Warner Pyne, Jr. RESOLUTION NO. U_[}g A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING OERTAIN EASEMENTS IN THE Replat of Bent Pine Subdivision Units 3 & 4, (Unit 3), Lot 14 according to the-- plat thereof as recorded in Plat Book 11; Page 9A, of the Public Records of Indian River County, Florida. WHEREAS, Indian River County has easements as described below, and ' WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Warner Pyne, Jr.,. successors in interest, heirs and assigns, whose mailing address is 130 Prestwick Circle, Vero Beach, Florida 32967, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. . THIS RESOLUTION was moved for adoption by Cpmmissioner Bird , seconded by Commissioner Bowman and adopted on the 24th day of April 1990 by the following vote: Commissioner Eggert _Aye Commissioner Wheeler Aye Commissioner Bird —Aye Commissioner Bowman Aye _ Commissioner Scurlock _Aye y 8 The Chairman thereupon declared the resolution duly passed and adopted this _24th, day o -f April 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Uaro yn gert Chairma EXHIBIT "A" The westerly three (3) feet of the easterly fifty (50) foot utility, drainage, and golf course maintenance easement of Lot 14, Replat of A Portion of Bent Pine Subdivision Units 3 & 4 (Unit 3), Part of Section 15 & 16, Township 32 South, Range 39 East, Indian River County, Florida . G. State Legalization Impact Assistance Grant The Board reviewed memo from Welfare Director Johnston: TO: Jim Chandler DATE: April 10, 1990 FILE: County Administrator i SUBJECT: STATE LEGALIZATION y ,,,,;;t•, IMPACT ASSISTAN('F GRANT $g�p111213��js� AM 19,ri0 FROM•' Joyce M. Johnst n REFERENCES: Director of Welfa � s7 eAc2,b�y9 0 The 1989-90 Indian River County SLIAG Grant is attached for approval by the Board of County Commissioners and signature by the Chairman. The new budget provides an increase in total monies allocated to Indian River County of $49,332 for public assistance and $2,963 for public health over the 1988-89 contract. Please add this item to the consent agenda at the earliest date available. AP9 BOOK R 2 4 1990 FF_ I APR 2 41990 BOOK % E 941 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously approved the contract with the DHRS for the State Legalization Impact Assistance Grant (SLIAG) and authorized the signature of the Chairman. SAID CONTRACT W/ATTACHMENTS IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. H. Proclamation - PURPLE HEART DAY ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously designated May 11, 1990, as "PURPLE HEART DAY." 10 P R O C L A M A T I O N WHEREAS THE PURPLE HEART MEDAL was designed by GENERAL GEORGE WASHINGTON as the first BADGE OF MILITARY MERIT to be awarded for SINGULARLY MERITORIOUS ACTION by a soldier; and WHEREAS on May 3, 1783, General George Washington awarded the first PURPLE HEARTS to SGTS. ELIJAH CHURCHILL and WILLIAM BROWN, two of only three recipients of the award during the REVOLUTIONARY WAR; and WHEREAS through the diligent efforts of GENERAL DOUGLAS MacARTHUR, the War Department announced the reinstatement of the PURPLE HEART MEDAL in 1932 for persons who had suffered a wound which was received in action with an enemy, and which required treatment by a medical officer, since such wound could, in the judgment of the commander, be construed as,resulting for a SINGULARLY MERITORIOUS ACT OF ESSENTIAL SERVICE; and WHEREAS' today, through progressive Presidential Orders, eligibility for the PURPLE HEART has been extended to all branches of the military and to civilian nations of the United States who are wounded while serving under competent authority with an armed force, so that, in the words of GENERAL GEORGE WASHINGTON, "THE ROAD TO GLORY IN A PATRIOT ARMY AND A FREE COUNTRY IS THUS OPEN TO ALL"; AND WHEREAS Indian River County is honored to welcome and to serve the 46th Annual Convention of the DEPARTMENT OF FLORIDA MILITARY ORDER OF THE PURPLE HEART on this 207th anniversary of the first presentation of the PURPLE HEART MEDAL; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that May 11, 1990 be designated as , "PURPLE HEART DAY" in Indian River County, Florida. Approved and adopted on April 24, 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Y CAROLYW K. EGG7-7d A CHAIRMN APR 2 41990 " $ooK ZJ "A"A JIfto 1 APR 2 4 1990 �, - o BOOK 9 PAGE �1�� I. Budget Amendment #057 - Sewer Line Assessment, Indian River The Board reviewed the following memo from the OMB Director: TO: Members of the Board of County Commissioners DATE: April 17, 1990 SUBJECT: BUDGET AMENDMENT 057 - TO PAY SEWER LINE ASSESSMENT ON INDIAN RIVER BLVD. PHASE I - CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS In order to obtain right-of-way for Indian River Blvd. Phase I, Indian River County entered into agreements with some property owners which stated that they would not have to pay for any costs for the installation of sewer line on Indian River Blvd. The Utility Department is installing a sewer line down Indian River Blvd. and assessing all adjacent properties. Pursuant the agreements, Indian River County will have to pay the assessments for the following property owners: _ 1. R. A. and Peggy Schacht 12 3339 00015 0000 00016.0 $ 9,306.65 2. Peggy Jane Schacht Trustee 12 3339 00015 0000 00015.2 $ 9,375.50 .3. Nathan & Melvin W. Tanen Jr. 07 3340 00000 0060 00001.0 $ 9,937.80 4. Nathan & Melvin W. Tanen Jr. 013340 00000 0030 00002.0 $14,206.70 5. Nathan & Melvin W. Tanen Jr. 07 3340 00000 0060 00002.0 $14,309.98 6. Nathan & Melvin W. Tanen Jr. 12 3339 00000 1000 00049.0 $19,898.56 7. R. A. and Peggy Schacht 12 3339 00015 0000 00016.1 562.30 $77,597.49 RECOMMENDATION Staff is recommending that the assessment costs of $77,597.49 be paid from fund 004, M.S.T.U. $0990. The attached budget amendment appropriates funding to pay the assessment. Commissioner Scurlock explained that he asked that this item be removed from the Consent Agenda for discussion in that he felt there is some policy involved, and if we concur with it, he felt we still need to spread on the record the justification for this. He continued that the proposing funding is from the MSTU, and actually road projects and acquisitions of R/W can be funded from a variety of sources - impact fees, Gas Tax, General Fund monies, or MSTU funds. He believed there was a great deal of debate internally among the staff in terms of acquiring R/W, and this 12 � r - M particular one was unique in that we were building the Boulevard; acquisition in terms of recovery zones and those sort of things are always necessary; and usually those distances also allow for the fact that utility lines can be placed in them, but the question is are you acquiring that as a road function or as a utility function. Commissioner Scurlock believed that particular project, as much as any in our county, is really a countywide system, and he, therefore, has some doubt in his mind about funding it from the MSTU and having just the tax dollars of the unincorporated residents devoted to it. OMB Director Baird advised that staff reviewed all the possible funding sources. Among other things, they looked at the Impact Fee Fund, but they feel that we will not have enough money to put everything into it; so, they decided not to use those monies because we have plenty of other commitments there already. Commissioner Scurlock asked about the Optional Sales Tax monies because he believed we indicated those monies could be used for R/W acquisition. Director Baird agreed they could, but noted that the big problem with that is that right now we have commitments to do the Jail, the Health building, and the Courthouse, which commits us out 3 years in revenue stream. Staff, therefore, narrowed it down to the Gas Tax and the MSTU, and the reason they chose the MSTU is that the franchise revenue goes into that and the utility companies pay that for use of the R/W. Director Baird further explained the reason they didn't advising using the General Fund, even though they realize everyone uses the road, is because it is occurring in the unincorporated area. Commissioner Scurlock noted that the franchise fee is for much more than just for use of R/W. It is for assuming risk, for some R/W usage, for the administration, etc. All our residents are at risk with an enterprise fund; if, in fact, something drastic happened and we could not go to rates, we would have to raise those dollars where necessary. APR 2 41990 13 BOOK ` F ac APR 2 41994 BOOK I`� F'A��E�� Director Baird agreed and confirmed that it was a close decision for staff between MSTU and the Gas Tax. Administrator Chandler stated that actually it all comes down strictly to a question of cash flow and timing with where we are at with Phase III of the Boulevard and the other projects we have on line. These come out of Districts 5 and 6, which also have various intersection improvements on-going; so, on a cash basis, it is very tight in the two districts that this would come out of. Director Baird advised that if we did not go with the MSTU, staff would recommend the Gas fund, and further noted that they would not have to recommend interfund borrowing at this time - possibly down the road. Commissioner Bird asked what source the money came from to acquire the other R/Ws in this area for this project, and Director Baird advised the Gas Tax and impact fees. Commissioner Bird felt that the agreement to pay these fees was a part of the same negotiating process that was used with the other land owners in that area, and he felt the funds we are talking about here should come from the same source of funds that paid for the other R/W in here. Commissioner Scurlock believed the real question is was the acquisition for roads - not for utilities. The deal that was cut - impact fees for R/Ws - was done from our R&B Division, and now the problem is there is a shortfall of money and that is why staff is going to the MSTU contingency to make it up. Director Baird wished to make it clear that there isn't a shortage of funds at this time; we are looking long term. Commissioner Scurlock stressed that you should have to relate the project back to what it was acquired for, and he felt the real answer is that if your impact fees are artificially low because you haven't put enough acquisition cost in there - then adjust your impact fees. 14 M o s � Administrator Chandler did not think that at this point in time there is a need to be adjusting the traffic impact fee. We don't have a shortfall - it is just a timing problem with our cash flow and that is why we have looked at the different sources available to offset that. In looking at this as opposed to impact fees, however, he felt the Gas Tax may be the most logical source as there is no question in his mind that this is a R/W issue. After considerable further debate, Administrator Chandler noted that realistically and legally we could use those franchise fees, but we also could take it out of the Gas Tax, and Director Baird also agreed this could come out of -the Gas Tax. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler, to authorize staff to adjust Budget Amendment #057 to fund the above listed assess- ments out of Gas Tax monies. Commissioner Bird asked if that would be consistent with the way the other properties were acquired, and this was confirmed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director R/ Entry M.S.T.U./. SUBJECT: BUDGET AMENDMENT NUMBER: 057 DATE: April 24, 1990 REVISION ;Reserve ror conri.ngency ;luy-lyy-�zst-uyy.yiaa u;aii,5yts.uu ;Right -of -Way !109-214-541-066.12!$77,598.00!$ 0 ! PR 2 4 1990 15 BOOK f f'Ajf. APR 2 41990 BOOK PACE J. Budget Amendment #059 - Boating Program Funds to Reimburse the City of'Vero—geach for McWilliams Park Improvements The Board reviewed memo from OMB Director Baird: TO: Members of the Board of County Commissioners DATE: April 17, 1990 SUBJECT: BUDGET AMENDMENT 059 - FLORIDA INLAND BOATING PROGRAM GRANT - CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS Indian River County, in conjunction with the City of Vero Beach, utilized grant money from the Florida Inland Boating Program for paving improvements and to install lights at McWilliams Park. The City of Vero Beach needs to be reimbursed in the amount of $29,650.00 since they have paid the contractor and the work is complete. A budget amendment is necessary to reflect the revenue from the Florida Inland Boating Program grant in the amount of $29,650.00 and the related expenditure. RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached budget amendment and authorize payment to the City of Vero Beach. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously approved Budget Amendment #059, reimbursing the City of Vero Beach as explained above: TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 059 FROM: Joseph A. Baird, OMB Director DATE: April -17. 1990 GENERAL -FUND/ GENERAL FUND —1001-000-334-072.00, ;001-108-572-088.11; 16 K. Bid #90-52 __Irrigation System for Grapefruit Grove The Board reviewed memo from CPO Manager Mascola: DATE: MARCH 20, 1990 TO: BOARD OF COUNTY CCK4ISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Dire= r Department of General ice FROM: Dominick L. Mascola, CPO Manager Division of Purchasing SUBJ: IRC BID #90-52 Irrigation System for Grapefruit Grove On request from the Utility Department the bid for Irrigation System for Grapefruit Grove_ was properly advertised and Six (6) Invitations to Bid were sent out. On March 7, 1990 bids were received. Two (2) vendors submitted proposals for the camcdity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. St Lucie Water was the low bidder that met all 'requirements. FUNDING: Monies for this project will crane from Impact Fee Fund Construction in progress. RECOMMENDMON: Staff recommends the Award of a Fixed Contract for .$32,960.00 to the low bidder, St. Lucie Water for the subject project. Commissioner Scurlock stated that on this he would like to move to reject all bids and readvertise. We had only 2 bidders; there was a spread of $20,000; and he also believed there is a question of whether the 45 day time limit can be met. In addition, he had questions regarding the experience of the firms in terms of how many of these irrigation systems they have already installed. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, to reject all bids received on Bid #90-52 and authorize staff to readvertise. APR 2 41994 " Boos f'� qac,- ` 4u" APR 241990 BOOK '�1 mu 94' Commissioner Bird believed we are not only looking for a system that will irrigate a grove properly, but one that will also use the maximum amount of effluent from the plant; so, in this case, we may not want to go with the cheapest minimal system available. He felt Commissioner Scurlock's point about the company having a reasonable amount of experience is important. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. L. Extension of Contract for Remaining Sidewalk Improvements (Woodlands Subdivisions The Board reviewed memo from Planning Director Boling: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keatin , AI Community Development irector THROUGH: Stan Boling AICP Planning Director FROM: Stan Boling AIICP Planning Director DATE: April 17, 1990 SUBJECT: EXTENSION OF CONTRACT TO CONSTRUCT REMAINING SIDEWALK IMPROVEMENTS IN THE WOODLANDS SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board -of County Commissioners at its regular meeting of April 24, 1990.. BACKGROUND: At its regular meeting of November 3, 1987 the Board of County Commissioners granted final plat approval for the Woodlands subdivision, located on the north side of 1st Street S.W., to the east -of The Meadows subdivision. At the time of final plat approval, several required improvements were "bonded out": a contract to complete construction was signed by the developer and the county and security was posted to guarantee the contract. Subsequently, on March 1, 1988, the Board reduced the original security amount to cover the only remaining required improvement: internal sidewalks. Sidewalks have been provided with the subdivision as residences have been constructed. About 360 of the internal sidewalk system has been constructed in the manner. The developer wishes to 18 proceed with contract construction, and staff desires to see the sidewalk improvements completed. The developer is now proposing to extend the previous construction contract and replace the previous sidewalk security, posted in the amount of $33,203.00 with a new letter of credit in the amount of $19,219.95. ANALYSIS: The project engineer has certified that the new amount ($19,219.95) represents 1150 of the cost to complete the remaining sidewalk work. Staff has no objection to the estimate or the bonding -out to guarantee future construction. The contract extension has been prepared and approved by the County Attorney's Office, and has been executed by the developer (Woodlands of Vero, Inc.). All remaining sidewalk improvements are to be completed on or before April 30, 1992. Thus, the entire internal sidewalk system is to be completed by April 30, 1992. RECOMMENDATION• Staff recommends that the Board of County Commissioners authorize the Chairman to execute the proposed contract extension, and that the Board accept the new letter of credit in the amount of $19,219.95 in lieu of the existing letter of credit. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously authorized the Chairman to execute the proposed contract extension and accepted the new letter of credit. COPY OF SAID CONTRACT EXTENSION AND NEW LETTER OF CREDIT ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. INCREASE IN FRANCHISE FEES - TREASURE COAST REFUSE CORP. 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: APR 2 41990 19 BOOK I r , APR 2 4 1990 BOOK PAGE: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County. Florida i 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 in the matter of in the _ __— Court, was pub- /�- •, i in said newspaper in the issues ot�Z"/�f✓G -'LrP 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 paid newspaper. Sworrtto and subscribed before me this `/--- day of D. 19 GL (Business Manager) (Clerk of the Circuit Court, Indiar( Iver County, Florida) (SEAL) Director Pinto reviewed the following: DATE: APRIL 5, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR Tannwr: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND PREPARED BY: CINDY E. WHITE FRANCHISE COORDINATOR DEPARTMENT OF UTILITY SERVICES NOTICE OF PUBLIC HEARING Notice Ishereby given that the Board of County Commissioners of Indian River County will hold a public hearing In the Commission Room, In- dian River County Administration Building, 1640 25th Street, Vero Beach, FL 32960, on Tuesday,' April 24, 1990, at 9:05 a.m., to recommend an In- crease in franchise fees to six percent for Treas- ure Coast Refuse Corporation, and to require franchise payments to be made on a quarterly basis. All interested parties will be heard. Anyone who may wish.to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceed- ings is made which Includes the testimony and evidence upon which the appeal will be based. Dated this 9th day of April, 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn K. Eggert, Chairman April 11, 1990 674267 SUBJECT: INCREASE IN FRANCHISE FEES FOR TREASURE COAST REFUSE CORPORATION BACKGROUND: On April 3, 1990, the Board of County Commissioners approved a rate increase of $3.12 per month for Harris Sanitation, Inc. At the same ...meeting, an increase in franchise fees from 1 percent to 6 percent -(to be paid quarterly) for both Harris Sanitation, Inc., and ......,Treasure Coast Refuse Corporation was discussed. 20 M r M ANALYSIS: At the meeting on April 3, Resolution No. 90-41 was approved, granting a rate increase of $3.12 per month for Harris Sanitation, Inc., and increasing franchise fees from 1 percent to 6 percent, to be paid on a quarterly:basis. It was then determined that franchise fees should also be increased for Treasure Coast Refuse Corporation, based upon the approval of Resolution No. 90-41 and the outcome of the Public Hearing. RECOMMENDATION: The Staff of the Department of utility Services now requests that the Board of County Commissioners approve the attached resolution, increasing franchise fees for Treasure Coast Refuse Corporation from 1 percent to 6 percent, based upon the outcome of the Public Hearing. Payment shall be submitted to the County on a quarterly basis, and shall be shown as a separate additional charge on customers' bills. Director Pinto felt the above memo is self-explanatory. This increase simply brings this franchise in accordance with the other franchise holder. Commissioner Scurlock believed the action we took earlier with Harris, combined with the proposed increase in the Treasure Coast Refuse Corporation franchise fee, would generate about $100,000 additional revenue yearly. Chairman Eggert asked if anyone representing Treasure Coast Refuse Corporation wished to speak, and no one did. The Chairman then asked if anyone present wished to be heard for or against the proposed increase in franchise fees. William Koolage, county resident, commented that having been here for the last hearing on Harris Sanitation, what sticks in his mind is that the County ought to do a good audit on both of these outfits. He personally has the Treasure Coast service; he believed they always have been $2 or $3 ahead of Harris in their costs; and he felt the County should do a cost analysis. Commissioner Scurlock explained that this particular action today just generates additional revenue, and there is no rate increase. He further advised that we are in the process of negotiating with both haulers to divide the county up into equal areas, and at that point we will be negotiating the future fee and we will do an indepth analysis. 21 BOOK 1 F,1GE 9 APR 2 4 1990 r c BOOK Mr. Koolage hoped there then will be a shorter franchise period than 20 years, and Commissioner Scurlock assured him we will be negotiating that issue also. The Chairman determined that no one else wished to be heard and thereupon closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 90-50 amending Resolution 82-51 to increase the franchise fees to 6% for Treasure Coast Refuse Corporation. RESOLUTION NO. 90-50 A.RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 82-51, AS AMENDED BY RESOLUTIONS 86-23, 86-31, 86-114, 87-48, AND 88-107, WHICH NEW AMENDMENT WILL INCREASE FRANCHISE FEES TO SIX PERCENT FOR TREASURE COAST REFUSE CORPORATION, AND REQUIRE FRANCHISE PAYMENTS TO BE MADE ON A QUARTERLY BASIS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA that, effective with the next billing cycle, Treasure Coast Refuse Corporation shall pay to the County six percent (6%) of gross revenues per fiscal year as a franchise fee for its operation in Indian River County. Payment shall be paid to the County on a quarterly basis, and shall be shown as a separate additional charge on customers' bills. The foregoing resolution was offered by Commissioner Scurlock , who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird RYe Commissioner Don C. Scurlock, Jr. Ay -e - Commissioner Gary C. Wheeler A"— commissioner "-Commissioner Margaret C. Bowman AyP The Chairman thereupon declared the resolution duly passed and adopted this 24th day of April 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 2 22 Caro n K. Eg� Cha man RESOLUTION - REVISED LEVY PUBLIC NUISANCE ABATEMENT COSTS Planning Director Boling explained that the amount in this Resolution has been revised from what was originally presented at the meeting of April 3rd. This action actually was approved at that meeting, and now the Resolution needs to be adopted formally. ON MOTION By Commissioner Wheeler, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 90-51 assessing nuisance abatement costs on Lot 1, Block 10, Whispering Palms Subdivision, Unit 4 (Levy). RESOLUTION NO. 90-51 AN AMENDED RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONER.S OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING -COSTS OF COUNTY WEED, TRASH AND DEBRIS NUISANCE ABATEMENT ON LOT 1, BLOCK 10, OF WHISPERING PALMS SUBDIVISION UNIT 4; AS RECORDED AT PLAT BOOK 5 PAGE 11, PUBLIC RECORDS OR INDIAN RIVER COUNTY 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 accumulation of weeds, trash, debris, and garbage 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 Ordinance No. 87-13, "Public Nuisances," defines as a public nuisance weeds in excess of 18 inches in height on a lot contiguous to a residential structure within a platted residential subdivision where the platted lots are at minimum of 50% developed; and WIiEREAS, the Board of County Commissioners of Indian River County has determined that the landowners are responsible for abating public nuisance existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abate- ment of the described nuisance was sent by certified mail to the -owner(s) at the address indicated on County property appraiser records, 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, trash and debris nuisance within 30 days of the posted and mail notice; and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorized County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days of notice; and AP 23 � �� 7 �- 2 BOOK Er1.�c 95 APR 2 41990 BOOK r'� PAGE 95�) WHEREAS, as of November .08, 1989, County Road and Bridge Division abated the herein described weed, trash and debris nuisance, in accordance with Section 13-19(b), of the County Public Nuisance Ordinance; and WHEREAS, Section 13-21(a) of the County Public Nuisance Ordinances 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 resolu- tion, shall assess such costs against the subject property, such costs to include and administrative fee of seventy-five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor, and adminis- trative fee for County abatement of the herein described nuisance as determined to be nine thousand eight hundred seventy three dollars and six cents ($9,873.06) and WHEREAS, Malcolm S. Levy, part owner of the property, ap- pealed the Board of County Commissioners assessment of nine thousand eight hundred seventy three dollars and six cents ($9,873.06); and WHEREAS, County staff conducted a survey of the property and found that a portion of Lot 14, Block 10, Whispering Palms Subdi- vision Unit 4, has been cleared along with Lot 1, Block 10, Whispering Palms Subdivision Unit 4; and WHEREAS, County staff recommended to the Board of County Commissioners that three quarter (3/4) of the original assessment was attributable to the owners of Lot 1, Block 10, Whispering Palms Subdivision Unit 4; and WHEREAS, the adjusted assessment costs of equipment, labor, solid waste fees, and administrative fee for County abatement of the herein described nuisance is determined to be seven thousand three hundred four dollars 4nd sc-•cr+y ,,;,,� nnn+a r7 •'tfld 7Ql ; 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 trash, debris and weed nuisance, totaling an amount of $7,304.79 is hereby assessed against Lot 1, Block 10, Whispering Palms Subdivision Unit No. 4, as recorded in Plat Book 5, Page 11, Public Records of Indian River County, Florida, presently owned by Malcolm S. Levy (1/3)(ET AL 711/955), whose mailing address is 1601 Marina Isle Way #302, Jupiter, Florida 33477. 3) The $7,304.79 assessment shall be due and payable to the Board of County Commissioners thirty (30) days afte.r the mailing of a notice of assessment to the landowner(s), after which, if unpaid, a certified copy of the assess- ment shall be recorded in the official record books of the described property, subject to twelve (12) percent per annum. 4) Indian River County Resolution No. 89-156 recorded against the subject property on December 19th, 1989, is hereby rescinded and replaced by thin Amended Resolution 90 - 51 24 THIS RESOLUTION was moved for adoption by Commissioner Wheeler , and seconded by Commissioner Bowman--____-__--- $ and adopted on *the 24th_ day of April , 1990, by the following vote: Commissioner Carolyn Eggert Commissioner Richard Bird Commissioner Gary Wheeler Commissioner Margaret Bowman --- Axe----- --------- ------- Aye------------- - —Axe ------- -- -------Aye---------- Commissioner Don C. Scurlock, Jr. _Aye------------- The Chairman thereupon declared the resolution duly passed and adopted this N24th- day of April, 1990. BOARD OF COUNTY COIVnVI I S S I ONERS OF' INDIAN RIVER COUNTY , FLORIDA Carolyn Eftert, Cha' n '- GIFFORD AREA SEWER PROJECT - WASTEWATER PLANT, CONTRACT NO. 1, CHANGE ORDER NO. 1 AND FINAL PAYMENT DATE: The Board reviewed memo from Utilities Director Pinto: APRIL 16, 1990 TO: JAMES E. CHANDLER COUFTV ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED ERNESTINE W. WILLIAMS,t,<_< j AND MANAGER OF PROJECT ADMINISTRATION PREPARED BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: GIFFORD AREA SEWER PROJECT INDIAN RIVER COUNTY PROJECT NO. US -85 -09 -DC CONTRACT NO. 1 - 1.0 MGD WASTEWATER TREATMENT PLANT CHANGE ORDER NO. 1 AND FINAL PAYMENT BACKGROUND On October 1, 1987, Indian River County contracted for the construction of the 1.0 MGD secondary wastewater treatment plant with tertiary filter, chlorine contact tank, effluent pump chamber, -non-spec effluent storage, percolation basin, office building, mechanical building, paved access road and parking area, all piping and electrical, and other general site work. The work covered under Contract No. 1 has now been completed. However, upon completion, the contract came in less than estimated. Therefore, we are requesting a decrease in the contract price in the 25 APR 2 41990 BOOK f'j F;r Uj APR 2 4 1990 % F. BOOK F',�GE �'P amount of $3,197.40, as indicated in the attached Change Order No. 1. The revised contract price becomes $1,813,802.60. Final payment due to contractor is $25,000.00. ANALYSIS The staff of the Department of Utility Services has reviewed the figures and finds them to be in order, and the work performed has been satisfactorily completed. RECOMMENDATION I The staff of the Department of Utility Services recommends that Change Order No. 1 for a reduction in contract price of $3,197.40 be approved and that final payment of $25,000.00 be paid to the contractor. Commissioner Scurlock noted that this is the only Change Order; it is a deduct; and it completes the project. Director Pinto expressed his pleasure that we went through this whole project with no change order other than the deduct change order. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously approved Change Order No. 1 reducing the contract price by $3,197.40 and authorized final payment and authorized final payment to Specialty Maintenance & Construction, Inc., in the amount of $25,000. 26 • • I�.ggr Fne11A • (Rev. 4.11.80) CONT61ACT IOrI coteoreN - UNITED srATES DEPARTMENT OF AGRICUt_TUkl.' -ca 'a he, e�►t.trw•t FARMERS NOME ADMINISTRATION r.D-Lft o.�, CONTRACT CHANGE ORVER t:11-rord Area Sewer Project DATE 6/1/89 sv^TC Florida CovHTv To Spacialty»Meintenence,3�•�onstruction Inc. You are hereby requested to comply wthe (e'-"a•ja•J p Yith e following chanes Isom the contract plans and Specifications: Description of Chances DECREASE INCREASE (Suppleslen1I111 Plans and S ecificatiors Attached) is Contract Price in Coattact Price Florida Sales Tax as applies to this contract i $ 3.197.40 InAtn Rha Ca T Approved Dale Admin.:iken'—/ -F-90 Legal Budget 1 -1>� Depl.-16-3e Risk Mgr. JUSTIFICATION. - h r TOTALS PRICE I f _ 3.197.40 __-- Price Adjustment to.Hel-lect Actual Quantities The amount of the Contract will be (Deetallsed) (i112i?6 IA, hY The Sus+ 01: Tht.ee Thourand One► H mdrrA N«. f . nPtK Seven and- 4n/i on .------------------�--------- Dollars (f • 1 ) The Contract Total locludinf thio and previous Chante Orders MIII Be• One Million, Eight- Hundred' Thirteen •thousand, Eight Hundred Two and 60/100 ------- --Dollars (f 11813.802..60 The Contract Period Provided foe Completion Will Be1DQKi'"0av1lyd(1v1`cl[lp (Unchanted); Dayt Thi:. docuneat will become a supplement to th contract and all provisions will apply hereto. Requette!t �' ° (O .•w.r) �(Daf.•J Recommended n , e r g lA � 'e (O-wer'e ArcAlletr/awelw..rt Acceptedr;,Fm11A aAppruvo (� �- -- S.- ZIP- coo (Name end title) ThisInewrr.alen wltl W wood as /sere et eny fAenM/ Ie Ins s/lalwel tonrtrucllen tenl/�t:l, fiYr.aser sePl.s rpulredr t Na• ruhAe/ n.enl.t o. 910.00 Aew.tlls �e W pold NOOrern unless this rwurl 1. t.,Pf. and Iltee cul wnea Inl♦ Tien. to t4rn►tN.� 10 enln• •r •wlttlnT 1... and /eWlR•n 1914) .tlons t7 C.F,, ► repulel0 eF . • U a.OIO.I M 10�/ap�f 10/p _ Po.rtron 6 Fm11A 424.7 (Rev. 6.11-80) 27 APR 2 41990 BOOK 6'J APR 2 4 WO 7 BOOK f FA,E 95 WEST REGIONAL WASTEWATER TREATMENT PLANT PERCOLATION POND SITE The Board reviewed memo from John Lang of the Utilities staff: DATE: APRIL 5, 1990 TO: JAMES Ez CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND �f .�,t. PREPARED BY: JOHN F. LANG ENVIRONMENTAL SPECIALIST DEPARTMENT OF UTILITY SERVICES SUBJECT: WEST REGIONAL WASTEWATER TREATMENT PLANT PERCOLATION POND SITE BACKGROUND: The Department of Utility Services is investigating acquiring land for effluent disposal in the West Region. The Department received an unencumbered land notice from the State's Department of Natural Resources (DNR) on December 27, 1989. A parcel titled Inventory No. 31-0060.0 lies in the area of the proposed West Regional Wastewater Treatment Plant percolation pond site. This Department contacted the DNR and investigated the possibility of purchase. A properties review has been conducted by the Soil Conservation District and forwarded to the DNR. In March of this year, the DNR internally declared this parcel surplus. The Florida State Board of Trustees shall review this parcel April 24, 1990, and the DNR feels that the parcel shall be surplused, as no other state or county agency desires the parcel. The next step for the County is to submit a property appraisal. ANALYSIS: The parcel, as described by DNR, was acquired via the Murphy Act and has some small outparcels included, clustered around I-95. These would be surplused. The main site is 4.98 acres and the outparcels are .46 and .42 acres, respectively. RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners authorize the spending of not more than $1,500.00 from the impact fee account for an appraisal of the parcel and to pursue the purchase of these properties. If the property is not purchased, the appraisal fees- will be expensed to professional services. MOTION WAS MADE by Commissioner Scurlock to authorize the spending of not more than $1,500 from the impact fee account for an appraisal of the parcel and to pursue the purchase of said properties, but at the 28 r � � same time to direct staff to continue their negotia- tions with the National Guard and the State re an Armory site to see if that trade could be effected and to hold off on the appraisal until an appropriate time in the future, and to move full speed ahead. Commissioner Scurlock explained that he did not particularly want the appraisal to be done instantly because it is possible that we may not have to do one if we just do a land swap. He just wants staff to be authorized to do the appraisal when it is deemed necessary. Administrator Chandler agreed that we still are in the infancy stages with the National Guard; so, we may or may not need an appraisal, and, therefore, staff would just like to have authorization for the appraisal when and if they need it. Commissioner Scurlock wished to add to his Motion that we formally notify the DNR we do have an interest in that property so they don't dispose of it without giving us first shot. THE MOTION WITH THE ABOVE ADDITION WAS SECONDED by Commissioner Bird. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. BID 90-57 - REMOVAL AND SALE OF TREATMENT PLANTS The Board reviewed memo from the Utilities staff: ° APR 2 4 kii _ 29 APR 2 41980 BOOK 79 FAul 55 DATE: APRIL 11, 1990 TO: JAMES E. CHANDLER j COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO J DIRECTOR OF UTTT.TTV 9RRVT,C:F9 SUBJECT: BID 90-57, REMOVAL AND SALE OF TREATMENT PLANTS PREPARED AND STAFFED BY: JOHN FREDERICK LANG ENVIRONMENTAL SPECIALIST DEPARTMENT OF UTILITY SERVICES BACKGROUND The Department of Utility Services has surplus treatment plants and appurtenances. The bid process for same generated only two ..responses. The bids for the surplus plants were for $8,200.00 and $20.00. ;`ANALYSIS The Department believes, due to the limited market, that direct .negotiations would result in higher revenues to the County. RECOMMENDATION The Department of Utility Services recommends to the Board of County Commissioners that the Board authorize the Director of Utility Services to directly negotiate the sale of the surplus treatment plants.and appurtenances. Commissioner Bird inquired about where we stand on Blue Cypress and whether either one of these plants could come into play as a possibility for that area. Director Pinto advised that we have just received proposals for the final engineering on Blue Cypress, and for that area we are reserving a specific plant that is not on the surplus list. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously rejected all bids and authorized the Director of Utility Services to negotiate directly the sale of the surplus treat- ment plants and appurtenances. 30 i � ! CAD CONSORTIUM - (SALE OF CAD SOFTWARE) County Attorney Vitunac reviewed his memo, along with letter from Sheriff Dobeck: TO: Board of County Commissioners FROM: Charles P. Vitunac - County Attorney DATE: April 11, 1990 RE: B.C.C. AGENDA - 4/24/90 CAD CONSORTIUM Several years ago the Sheriff of Indian River County received permission from the Board to join a consortium of political subdivisions which was formed to develop a software package concerning a computer aided dispatching system. The consortium soon became involved in a copyright Infringement lawsuit, which was recently settled by ;:..agreement among all parties. As part of this settlement, the surviving joint venturers are allowed to develop and market the software package for computer aided dispatch, and, as a consequence of that marketing program, Sheriff R. T. "Tim" Dobeck has requested, In the letter attached to this memo, that Indian River County establish an account into which he will deposit any Income derived from the sale of the CAD software and from which he would disburse monies to pay for the development and marketing program. Staff recommends approval. R.T."TIM" DOBECK • r,vw,uy juvm cocrvn- P. O. Box 608 .TD MEMBER FLORIDA SHERIFFS ASSOCIATION PHONE 369.6700 MEMBER OF NATIONAL SHERIFFS ASSOCIATION nuCOUNiy 4Z V11110 HrArl1. VIAIRIVA 32001•000e U^� COMMISSIONERS r Hanora q;' arolyn Eggert, Chairman February 5, 1990 i er County Commissioners b: I 25th Street Vero Beach, FL 32960 Dear Commission Eggert: Some of the members of my data processing staff and communications staff have been exploring the possibility of entering Into an agreement with Data General Computer Corporation and St. Louis County, Missouri. The intent of this agreement Is to market the Computer Aided Dispatch Consortium software of which our county Is a part owner. Any income derived from the the sale and support of the software by Indian River County Sheriff's Department employees will be utilized to help defray the ever rising costs of computer maintenance and keep the department abreast with future enhancements. I am requesting authorization to have the county's accounting staff set up a new fund to operate much like the current Law Enforcement Trust Fund. Any Income derived from the agreement outlined above would be deposited directly Into the new fund. I would then petition the Commission for authority to disburse monies as needed for. computer maintenance, to keep current In automation and to help defray marketing costs. I will be glad to meet with the Commission along with the appropriate members of my staff. Sincerely, 67, R. T. "Tim" Dobeck, Sheriff 31 BOOK APR4 90 ndlan River County APR 2 4 1990 BOOK P(PAGE Commissioner Wheeler advised that he had asked the Sheriff's Finance Officer, Ricky Dees, if they have looked into this proposal enough to know whether the overhead involved in market- ing the CAD system is low enough that it won't cancel out any profit to be realized. Commissioner Scurlock assumed that if it is a consortium, others participated in it, and he believed those other entities would have the same ability to generate revenues from the market- ing of their product; so, how do you figure out the percentage of their participation? Quentin Voyles, Data Processing Manager for the Sheriff's Department, informed the Board that the intent of marketing the product is to provide the source of recouping some of the expense that has been put into development of the software to provide some funds, not only to offset the cost of marketing, but also to offset the costs of future software, hardware maintenance, and hardware costs. He informed the Board that Data General, who is their hardware vendor, is taking the majority of responsibility for the marketing. Commissioner Scurlock asked if the United States has been drawn up into districts with the Consortium in dividing that up. Mr. Voyles explained that, first of all, the entire Consortium isn't looking at marketing the software. There aren't many agencies that can get .involved to the extent that we are hoping to get involved. St. Louis County is really the only other agency that is permitted to get involved because of their circumstances, but we are not marketing the same hardware. Commissioner Scurlock noted that, in other words, they could not market their product in Florida, and Mr. Voyles believed that possibly they could, but we would not be marketing in the St. Louis area. Commissioner Scurlock felt there should be a contract to spell this arrangement out so that we don't spend our money on the marketing and then they come in and sell their product. He 32 asked if both the hardware and the software are being marketed, and Mr. Voyles advised that the hardware is the largest part of the product. In marketing the software, they get an equal cut no matter who sells it; so, it really doesn't matter where it gets sold. Commissioner Scurlock believed that the Sheriff's program runs on Data General equipment; so, every time Data General sells their hardware, they have sold your software; so, why do you have to market at all. Mr. Voyles explained that we have the expertise in the software; we don't have expertise in marketing. What Data General wants to do is to qualify people interested in the product and bring them into the Sheriff's Data Processing Department to see our system. The marketing really will be people coming in to see what we have. Commissioner Scurlock noted that Data General has the big bucks in the hardware and they want to see it demonstrated with the software that will run on it; so, why should we pay them to do the marketing when they want to come here anyway. Mr. Voyles stated that they are paying us, in essence, because they have agreed to give us substantial discounts on hardware through the next couple of years. Commissioner Scurlock had further questions as to what the Sheriff is going to spend money on from this account. Mr. Voyles advised that they did not know exactly. The two things they would like to use the account for are to offset any increases in both software and hardware maintenance costs. Commissioner Scurlock asked if the Sheriff's Department has prepared a budget for this account, and Chairman Eggert agreed that should be done because there will be costs resulting from personnel taking time out from their duties to show this equipment, etc., and this is not taken into account in the current budget. APR 2 4 1990 33 APR 2 41890 BOOK l9 F,1GE After further discussion, Commissioner Scurlock noted that what is proposed sounds like something he would be interested in, but he does not have enough information. He wants to see some kind of budget, their contractual relationship with Data General, and some kind of firm agreement with the Consortium before he votes on this. Ricky Dees, the Sheriff's Finance Officer, advised that all they are asking for at this point is for the fund to be set up the same way the Law Enforcement Trust Fund is set up for the revenues to be deposited in, and then they will come back and ask for the Board's authority to disburse the funds. There is no need for seed money, and there is no money coming out of the Department's budget or the County's budget. Commissioner Wheeler believed that if the Sheriff's Department has an obligation, there is some cost associated with that, whether it is giving people a tour, or travel costs, or additional supplies, etc. He further noted that the letter from the Sheriff refers to "the agreement outlined above.." and he would like to know about that agreement. Mr. Voyles advised that they have an independent software vendor agreement with them Data General. Chairman Eggert expressed her concern about the relationship with the Consortium, and Commissioner Wheeler continued to express his concern that we may be paying $3.00 to make $1.00. Discussion continued at length, and Chairman Eggert suggested that we table this matter for two weeks or whatever is needed until the Sheriff can come back with actual costs, agreements, etc. Mr. Dees felt they would want 3 weeks or so, and Attorney Vitunac advised that it is not a public hearing so this can be scheduled whenever the Sheriff is ready. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously agreed to 34 take no action today and wait for Mr. Dees to bring this matter back to the Agenda. OPTION CONTRACT 10 ACRES CORNER OF KINGS HWY. & HOBART ROAD Attorney Vitunac reviewed the following: TO: Board of County Commissioners FROM: Charles P. Vitunac - County Attorney .DATE: April 24, 1990 RE: POSSIBLE PURCHASE OF TEN -ACRE TRACT AT NW CORNER OF KINGS HWY. & HOBART RD. B.C.C. AGENDA - 4/24/90 (ADD-ON ITEM) At the last Board of County Commissioners' meeting, the staff was authorized to enter into negotiations for the property at the northwest corner of Kings Highway and Hobart Road. To give the County the time necessary to make a decision concerning this property without losing the property to other buyers, it would be convenient to try to obtain an option for the property for a limited time period. The attached option contract would give the County the exclusive right to purchase the property until June 4, 1990, at the asking price of $22,000 per acre. Execution of the option contract would not prevent the County from negotiat.ing a different price. Commissioner Bird declared a Conflict of Interest, filed the following form with the Deputy Clerk, and left the Commission Chambers at 9:45 o'clock A.M.: ra. APR 2 41990 35 80or Fr- I APR 2 4 1990 moi IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. ,.// DISCLOSURE OF STATE OFFICER'S INTEREST l t C Y�/• , hereby disclose that on a2 y 19 l 1' (a) A measure came or will come, before my agency which (check one) Xinured to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: C I 1 zt X Gil' C ' e-,' c', L lG1 Gi'' r` o /1 CX, "l � �—I Vtt < I CT 4C 07— r elell� Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ;112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND IIAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, RENIOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO E\CEFD S5.000. Attorney Vitunac informed the Board that since there is a realtor is involved, as Commissioner Bird just informed the Board when declaring his Conflict of Interest and leaving the Chambers, his firm's name should be mentioned in Exhibit "A" as the Broker. Attorney Vitunac stressed that the proposed Option Contract just protects us for about 5 weeks, and in the meantime we can negotiate for a better price. 36 Commissioner Scurlock noted that he had some specific comments about this at the last meeting. One of the concepts he developed was to try to work with the state and get a deed restriction removed from approximately 10 acres at Hobart Road and Kings Highway and that would be the site for the water plant. He still feels that idea has some merit, but he has found the problem is that it is going to be quite time consuming. Commissioner Scurlock continued that he has another concept which he got involved with 9/10 months ago when Commissioner Bird showed him a budget memo that he had given Administrator Chandler relating to the golf course and trading with CIBA-Geigy and trying to build an additional 18 holes. In his opinion that all has become involved, and he now has thought of an approach where there could be a contribution similar to the original contribu- tion from Utilities to reserve effluent and disposal capacity and also wellfield water rights. Then, as a part of that process, he felt we could take the acquisition of this 10 acres, which is adjacent to our existing property and certainly has a benefit; we have already squared off our property with the 40 acres from CIBA-Geigy; and with all that he believed he can put forth a funding package with some money from Utilities, refund the original bond issue on the golf course, build the additional 18 holes and the clubhouse and get it done forever and done right rather than continue to nickel and dime it, and provide enough secure revenue there so that tax dollars would not be relied upon. He felt we can take from Utilities about $100,000 as a source to secure wellfields and to secure re -use on County -owned property; then in addition to that $100,000, we will have the Racetrack $446,000, and the net result is to go ahead next year and build that golf course, do it right and be finished with it. Commissioner Scurlock noted that after all the above, we would end up with an asset that our entire community can use. We are loaded up at the present golf course and turning many residents away, and he believed in terms of general county 37 APR 2 419g® BOOK APR 2 41990--� 4q- BOOK recreation this would be a reasonable use of possibly some of the franchise monies. Commissioner Scurlock continued that he does very much support what is being proposed here. That 10 acres is important, and he felt it would make sense for us to move ahead. He empha- sized that what he has presented are just thoughts, and he is not in a position to fully recommend anything to the Commission at this time. He has been trying, however, to come up with some creative ideas, and he feels he has developed one. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird having left the Chambers, the Board unanimously authorized the Chairman to execute the option contract discussed in memo dated April 24, 1990. SAID OPTION CONTRACT WILL BE MADE A PART OF THE MINUTES WHEN FULLY SIGNED AND RECEIVED. <f REQUEST FROM CATHOLIC CHARITIES FOR SUPPORT FOR SHELTER FOR urI&AMY ccc Chairman Eggert referred the Board to the following letter from Catholic Charities: 38 l -AI IlubluIluII11•�1 l IL,dl FAMILY AND CHILDREN SERVICES � G DIOCESE OF PALM BEACH INC 15pat*winnt Through •DncftSrivic& and 9lftion forJustica 1849 - 25th Street Vero Beach, Florida 32960 April 18, 1990 (407) 569-1653 Mr. Randy Dowling Assistant to the County Administrator 1840 25th Street Vero Beach, Florida 32960 RE: Request placement on Agenda of County Commission April 24, 1990 Dear Mr. Dowling and The Board of County Commissioners: Catholic Charities of Indian River County is writing a proposal to access Federal Emergency Shelter Grant Program for the Homeless funds through the State of Florida Health and Rehabilitative Services, Tallahassee. Our deadline is April 27, 1990 SPM. Section III of the Requirement for Proposal States "grants made available to non-profit agencies having first obtained the concurrence of a applicable local govermental units-" namely the County government in our case, as the property is located in the County. Catholic -Charities is currently working with Mr. Randy Dowling and Ms. Cheryl A. Tworek to ensure all aspects of planning and construction meet the requirement of County statutes as they pertain to the construction of a residential center on said property, which is currently zoned RM -10. At this time, we request the Board of County Commissioners consider our request for your support for the use of the property and federal furlds for the construction of a Multi -Family Residential Center for Families with Children; and sign the enclosed Certification of Local Approval for Nonprofit Organizations. Sincerely, KL"A vcy(y� Debbie J. Voorhees Social Services Chairman Eggert explained that the reason for the addition of this item is that they have a deadline of April 27th for submitting for a grant. She informed the Board that concern was expressed by Administrator Chandler and Community Development that this has not been processed as a specific project. She has written a suggested letter which explains this, and while it expresses support of the Catholic Charities receiving a grant, APR 41990 L 39 BOOK 6111 4 pAr,E i APR 2 4 1990 BOOK A PAGE 971 1 it commits us to nothing specific, and she would like the Board's approval to send this letter. Telephone: (407) 567-8000 ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, Commissioner Bird having left the Chambers, the Board unanimously (4-0) authorized the Chairman to sign and send the following letter: BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 April 24, 1990 Bill Hanson Office of Program Policy Development Department of Health and Rehabilitative Services 1317 Winewood Blvd. Building One, Room 216 Tallahassee, Florida 32399-0700 Dear Mr. Hanson: Suncom Telephone: 224-1011 Indian River County supports group homes in its Comprehensive Plan. The Board of County Commissioners supports Catholic Charities of the Dioceses of Palm Beach, Inc. receiving a.grant to build a group home. However, approval can only be granted to a specific project when it meets the requirements of site plan and special exception approval. If these requirements are met, approval is granted by the Planning and Zoning Commission and the Board of County Commissioners of Indian River County. We will forward that information to you. Sincerely, Carolyn K. Egger Chairman 40 SUPPORT FUNDING FOR THE ARTS Chairman Eggert believed the Board will recall that we sent a Resolution to the State supporting grants being given to the Theatre,, the Center for the Arts, etc. The Senate Appropriations SubCommittee A has recommended zero funding for the Arts for next year's budget, and she would like the Board's permission to express our desire to have the State continue funding the Arts. Commissioner Scurlock noted that we lately have sent a couple of Resolutions to the State and said please fund, but pointed out that they will be required to tax to supply these monies. Chairman Eggert stressed that her concern is the Library. She agreed you do need to see a balance, but she could not see taking everything out of this and putting it in roads or the HRS system, which she felt is one of the most wasteful in the world. Commissioner Scurlock noted that maybe we are getting the message that the State will only fund essential services. He does want to pursue getting our fair share, however. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird being out of the Chambers, the Board unanimously (4-0) authorized the Chairman to contact members of the Senate Appropria- tions Committee indicating our support of appropriate funding for the Arts. OPPOSITION TO COMMUNITY CORRECTIONS ACT Commissioner Wheeler referred to a letter sent to Chairman Eggert by the Committee on Corrections, Florida House of Representatives, in support of enacting a "Community Corrections Act." He advised that the League of Counties is not supporting this Bill nor is the Sheriffs' Association, and he would like to authorize the Chairman to send a letter to the appropriate 41 [300K /"9 PAGE W, APR 2 4 1990 APR 2 4199.BOOK 1 1 0 �m PAGE ♦ 1ya ,j �.. . � e people supporting the position of the Florida Sheriffs' Associa- tion and the Florida Association of Counties. Commissioner Wheeler stressed that that State once again is trying to push more of the burden back on the counties because of their funding problem. He felt the program they are offering has some merit, but he does not like the way it is structured. They are recommending the non-violent offenders be sentenced to the 18 month drug treatment program. Therefore, they would be incarcer- ated, but they wouldn't be getting gaintime so they could be released early. By this the state would put the burden back on the counties and then have the county apply for a grant. He commented that he has been informed, however, that we cannot use those grant funds for a stockade. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously authorized the Chairman to send a letter to appropriate officials indicating our support of the position taken by the League of Counties and the Florida Sheriff's Association. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:00 o'clock A.M. ATTEST: Clerk 42 __7Cha�irman/�