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HomeMy WebLinkAbout3/26/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, MARCH 26, 1991 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman Gary C. Wheeler, Vice Chairman Margaret C. Bowman Carolyn K. Eggert Don C. Scurlock, Jr. James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Margaret C. Bowman 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS a. Items 7J & 7K be deferred for one week. b. Add 11C, Library State Aid Contract. c. Add TPC Report. d. Add Item 70,new member to Affordable Housing Committee. e; Add appts. to Historic Resources Advisory Committee. f. Item 7M of Consent Agenda,reser.for disc. g. Add Meeting in Tallah. 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Proclamation designating week of April 2 - April 5, 1991 as Soil and Water Stewardship Week B. Release of Lien (memorandum dated March 19, 1991) C. Release of Utility Liens (memorandum dated March 18, 1991) D. Authorization for Chairman to sign Annual Financial Report (memorandum dated March 19, 1991) E. Miscellaneous Funds - Budget Amendment 031 (memorandum dated March 20, 1991) F. Request for Approval and Signature on Section 8 Annual Contributions Contract A3409A (Voucher Program) (memorandum dated March 18, 1991) BOOK 82 FAL LI i 26 1991 411. tIAR 26 1991 7. CONSENT AGENDA (continued): G. P.C.A. Passport Agreement (memorandum dated March 18, 1991) H. Robert Schoen to replace W.W. Clark on transportation Planning Committee (letter dated March 13, 1991) I. IRC Bid #91-57 / Surplus Sale #1 (memorandum dated March 14, 1991) J. IRC Bid 91-45 / Grader - Road & Bridge Dept. (memorandum dated March 19, 1991 ) K. IRC Bid 91-45 / End Loader - Road & Bridge Dept. (memorandum dated March 19, 1991) L. Bid Award: IRC 91-46 / Wheel Crusher/Remover/ Solid Waste (memorandum dated March 18, 1991) M. Bid Award: IRC 91-49 - Two (2) Nine Ton Trailers (memorandum dated March 18, 1991) N. Bid Award: IRC 91-64 Re -roofing Fire Station #2 (memorandum dated March 18, 1991) BOOK 'tl FAGE.9S0 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. • 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING TITLE IV, CON- TRACTOR AND BUILDING REGULATIONS CHAPTER 400 - REGULATION OF CON- TRACTORS, PROVIDING REPEAL; PRO- VIDING SEVERABILITY; AND PROVID- ING AN EFFECTIVE DATE AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 401 - BUILDING CODES OF TITLE IV, PRO- VIDING REPEAL; PROVIDING SEVER- ABILITY; AND PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 402 - COASTAL CONSTRUCTION CODE OF TITLE IV, PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE MAR 2 6 1991 9. PUBLIC ITEMS (continued): B. PUBLIC HEARINGS (continued) 2. A RESOLUTION ABANDONING INDIAN RIVER COUNTY'S INTEREST. IF ANY, IN THE ROAD AND BRIDGE WEST OF CR 507 ALONG DITCH 1 NORTH OF FELLSMERE 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL Actuarial Study (memorandum dated March 13, 1991) G. PUBLIC WORKS 1. Final Assessment Rolls: (1) 8th Ave. from 2nd St. to So. Relief Canal (2) 9th Ave. from 2nd St. to So. Relief Canal (3) 10th Ave. from 2nd St. to So. Relief Canal (4) 13th Ave. between 2nd St. & 4th St. (5) 134 St. So. of Roseland Road (memorandum dated March 5, 1991) 2. Final Assessment Roll: Dixie Heights Subdivision (memorandum dated March 15, 1991) H. UTILITIES 1. North Beaches Water Main extension on AIA North of Jungle Trail (memorandum dated March 14, 1991) 2. Agreement between Indian River County and the American Retirement Communities Partnership (ARCP) for Payment of Impact Fees and Transfer of Ownership of Utility Facilities to Indian River County (memorandum dated March 19, 1991) BOOK 82 FAJ,E 9S.1:, MR 26 99 BOOK 12. COUNTY ATTORNEY Proposed Settlement of Certain Claims in Indian River Blvd. Condemnation Suite (memorandum dated March 20, 1991) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER DON C. SCURLOCK, JR. 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT None 15. ADJOURNMENT PAGE ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. Tuesday, March 26, 1991 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, March 26, 1991, at 9:00 A. M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman, Carolyn K. Eggert, Margaret C. Bowman and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Virginia Hargreaves and Patricia Held, Deputy Clerks. The Chairman called the meeting to order. Margaret C. Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Chandler requested the addition of 11C, Library State Aid Contract as an Emergency Item. Administrator Chandler requested deletion of Items 7J and 7K., because there was a question that arose from one of the bidders. Commissioner Bowman requested the addition of an item regarding Transportation Planning Committee Report. Chairman Bird requested one additional matter regarding a meeting that was going to be held tomorrow in Tallahassee. Commissioner Eggert requested an addition to the Consent Agenda regarding announcing the new member on the Affordable Housing Committee. Chairman Bird asked to reserve Item 7M for discussion. Commissioner Wheeler later asked that appointments to the Historic Resources Advisory Committee be added under his matter. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously added and deleted the above items to the Consent Agenda. BOOK 8�- PA6E MAR 26 Pr - VAR 26 199' 1�� BOOK 82 PAGE A. Proclamation Designating Week of April 2-5, 1991 as Soil and Water Stewardship Week PROCLAMATION WHEREAS, the well-being of our people depends upon the production of ample supplies of food, fiber and other products of the soil; and WHEREAS, the quality and quantity of these products depend upon the conservation, wise and proper management of the soil and water resources; and • WHEREAS, protection of our surface waters from pollution is dependent upon protection of soils from being blown or washed into those waters; and WHEREAS, conservation districts provide a practical and democratic organization through which landowners are taking the initiative to conserve and make proper use of these resources; and WHEREAS, the soil conservation movement is carrying forward a program of soil and water conservation in cooperation with numerous agencies and countless individuals: ' NOW, THEREFORE, BE IT PROCLAIMED by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of April 2 -April-5,1991 be designated as SOIL AND WATER STEWARDSHIP WEEK in Indian River County, and the Board further acknowledges the value of our soil and water resources to the public welfare, and desires to honor those who protect those resources. Dated this 26 day of March, 1991 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird,, Chaiiman B. Release of Lien The Board reviewed memo from Legal Secretary Sandy Bartolucci dated March 19, 1991: TO: Board of County Commissioners THRU: Charles P. Vitunac - County Attorney PROM: Sandy Bartolucci - County Attorney's Office DATE: March 19, 1991 SUBJECT: CONSENT AGENDA - BCC MEETING 3/26/91 RELEASE OF LIEN Attached 1 have prepared a Satisfaction of County Lien on behalf of the Board of County Commissoners. The lien was entered to secure repayment of court costs. The County has received reimbursement. In consideration of the attached, I recommend that the Board authorize the Chairman to execute this Satisfaction. Back-up information for this document is on file in the County Attorney's Office. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to execute the Satisfaction of County Lien against Jack Kirkham McFall a/k/a Jack K. McFall. COPY OF SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD C. Release of Utility Liens The Board reviewed memo from Lea Keller, CLA, dated March 18, 1991: 3 BAR 26 1991 BOOK FADE 9S5 MAR 26 1991 BOOK 8 `�''�' ..r F.1UE VvC TO: Board of County Commissioners r 4Lr FROM: Lea R. Keller, CLA, County Attorney's Office DATE: March 18, 1991 RE: CONSENT AGENDA - B.C.C. MEETING 3/26/91 RELEASE OF UTILITY LIENS I have prepared the following lien related documents and request that the Board authorize the Chairman to sign them: 1. Release of Special Assessment Liens in BREEZEWOOD PARK, LITTLE PORTION -& SUNNYDALE ACRES SUBDIVISIONS in the names of: JACOBI BEDFORD RUGGIERO, ' SPICOLA, PROVENZANO & BOURN SURLES BADENHOOP MILLS RENKEL GORDON ELLMAN GRADY SCIOS KEARNAN STEINHAUER 2. Satisfaction of Impact Fee in the name of: JACOBI Additional back-up information is on file in the County Attorney'F Office. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to execute the releases and satisfaction as listed above. COPIES OF SAID DOCUMENTS ARE FILED IN THE OFFICE OF OF CLERK TO THE BOARD 4 D. Authorization for Chairman to Sign Annual Financial Report The Board reviewed memo from Finance Director Richard E. Watkins dated March 19, 1991: TO: The Honorable Members of the Board of County Commissioners DATE: March 19, 1991 SUBJECT: Chairman's Signature on Annual Financial Report FROM: Richard . Watkins, Finance Director The Chairman of the Board of County Commissioners must sign the Annual Financial Report for the fiscal year ended September 30, 1990. This report will be submitted to the Florida Department of Banking and Finance by April 1, 1991. The Finance Department respectfully requests the Board of County Commissioners authorize the Chairman to sign the Annual Financial Report. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to execute the Annual Financial Report as recommended by staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD E. Miscellaneous Funds - Budget Amendment 031 The Board reviewed memo from OMB Director Joe Baird dated March 20, 1991: 5 Q1AR 2 6 1991 BOOK 82 FAGE J5 7 MAR 28 MI I BOOK 82 PAGE 9 TO: Members of the Board of County Commissioners DATE: March 20, 1991 SUBJECT: MISCELLANEOUS FUNDS - BUDGET AMENDMENT 031 CONSENT AGENDA THROUGH: Joseph A. Baird OMB Director FROM: Irene Lewis Budget Analyst N DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. Joyce Johnston, Director of Welfare, has been awarded a portion of reallocated funds totaling $27,395 for the purpose of assisting welfare applicants with certain living expenses, such as utilities and shelter. Of the $27,395, an amount of $547.90 is of administrative costs. 2. The Friends of the Vero Beach Library were very successful in receiving donations totaling $36,199.26 to -date. In addition, over the past two years we have received direct donations amounting to $15,725.00 from the following individuals: M. Dodd, Otis Pike, Dean Wittier, Richardson Foundation, J. Brady, R. Goodrich and Poitras Bequest. A portion of Otis Pike's donations, in the amount of $2,463.00 is to be carried forward to the 1991/92 fiscal year for the maintenance of the two (2) 125 gallon salt water aquariums he so generously donated the funds for. The attached entry appropriates the funds enabling us to fulfill the wishes of the donators. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Budget Amendment 031 as recommended by Staff. 6 TO: THROUGH: FROM: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 031 Joseph A. Baird, OMB Director Irene E. Lewis, Budget Analyst DATE: March 20, 1991 Entry Number; Funds/Department/Account Name; Account Number Increase Decrease 1.. REVENUE GENERAL FUND/Welfare F.E.M.A. EXPENSE 001-000-331-066.00 $27,395.00 GENERAL FUND/Welfare Disbursement Supplies ,001-211-564-037.09 $26,847.00 ;001-211-564-037.04,$ 548.00 2. REVENUE GENERAL FUND/ Cash Forward October 1 Donations -Main Library EXPENSE ;001-000-389-040.00,$14,100.00 ;001-000-366-095.00;$35,361.00 GENERAL FUND/Main Library Books ,001-109-571-035.45 Audio Visual ;001-109-571-035.48 Elderly Books ;001-109-571-038.31 New Library -Materials !001-109-571-039.47 New Library -Furniture & Eguip.1001-109-571-066.46 $24,420.00 $ 5.000.00 $ 200.00 $ $ 2.593.00,$ $17,248.001$ COMPLETE LIST OF LIBRARY ITEMS IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD F. Request for Approval and Signature on Section 8 Annual Contributions Contract A3409A (Voucher Program) The Board reviewed memo from IRCHA Executive Director Guy L. Decker, Jr., dated March 18, 1991: 7 MAR 26 199� �1 BOOK 8F'AL,E 9J0 MAR 26 199 BOOK 82 FADE TO: The Honorable Members of the Board of County Commissioners THROUGH:James E. Chandler County Administrator FROM: Guy L. Decker, Jr. Executive Director IRCHA DATE: March 18. 1991 SUBJECT: FILE: Request for approval and signature on Section 8 Annual Contributions Contract A3409V (Voucher Program) REFERENCES: It is recommended that the data presented be given formal consideration by the County Commission. The Department of Housing and Urban Development has forwarded four (4) copies of the Annual Contributions Contract (ACC) which has been amended to reflect the replacement of Voucher Projects 001 and 002 with a new project number 008. The documentation required by HUD for their final approval and execution of the contracts is submitted for consideration and approval of the Board of County Commissioners. (1) Four (4) Copies of ACC Part I Number A3409V of the Annual Contributions Contract for Housing Voucher Program. Original signatures are required on all copies of the Contract and no change in its format is permitted. We respectfully request the County Commission to authorize its Chairman to execute these Contracts for transmittal to the Jacksonville Office of HUD. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to execute Section 8 Annual Contributions Contract A3409V for transmittal to HUD, as recommended by Staff. SAID DOCUMENT WILL BE PLACED IN THE FILES IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED G. P.G.A. Passport Agreement The Board reviewed memo from Director of Golf Bob Komarinetz dated March 18, 1991: 8 TO: Members of Board of County Commissioners \\ FROM: Bob Komarine Director of lf DATE: March 18, 1991 FILE: SUBJECT: P.G.A. Passport Agreement REFERENCES: DISCRIPTIMM AND ANALYSIS P.G.A. Passport is a discount program offered through the South Florida Professional Golfers Association. This program will be offered during the slower months (May 1, 1991 thru November 1, 1991). The P.G.A. Passport was approved and in effect during the 1989-90 budget year and is almost identical to the Flag Pro9Lam which was approved by the Board on December 11,.: 1990. RECOMMENDATION Staff recommends the approval of the P.G.A. Passport Agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the P.G.A. Passport Agreement as recommended by Staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD H. Robert Schoen to Replace W. W. Clark on Transportation Planning Committee The Board reviewed a letter from Indian River Shores Town Manager J. C. Dorsky dated March 13, 1991: 9 MAR 261991 E001(. 2 PAL 991 Pr - MAR 26 199 MAYOR: FRITZ GIERHART VICE MAYOR: GEORGE P BUNNELL COUNCIL: WoLLIS W CLARK ROBERT H LANGDALE JOHN C McDONALD TOWN MANAGER: JOSEPH C DORSKY .March 13, 1991 BOOK FAUE TOWN- OF INDIAN RIVER SHORES 6001 NORTH A -1-A, INDIAN RIVER SHORES, FLORIDA 32963 (407) 231-1771 Commissioner Margaret Bowman, Chairman Indian River County Transportation Planning Committee 1840 - 25th Street Vero Beach, Florida 32960 Dear Commissioner Bowman: The Town Council of Indian River Shores held a special meeting to reorganize on March 13, 1991 at 9:01 a.m. At that meeting Coun- cilman Robert Schoen volunteered to replace outgoing Councilman W. W. Clark as the Town's representative on the Transportation Planning Committee. Some of the recent committee minutes and agenda have been passed on to Mr. Schoen. Please notify him of future committee meetings. Sincerely, ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved appointment of Robert Schoen to the Transportation Planning Committee to replace W. W. Clark as Representative from Town of Indian River Shores. I. IRC Bid #91-57 - Surplus Sale #1 The Board reviewed memo from Purchasing Manager Fran Boynton dated March 14, 1991: 10 DATE: March 14, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton, Purchasing Manager SUBJ: IRC Bid #91-57/Surplus Sale #1 BACKGROUND: The following equipment has been declared surplus to the needs of Indian River County: 1. Desk -Library Asset #000857 2. Table w/Locking Tool Drawer 3. 1983 Ford LTD 4 Door Sedan -Asset #004679 -Fleet #151 4. Canon Systel II -Asset #004799 5. 1985 Ford Bronco Truck 1/2 Ton -Fleet #274 6.. 1985 Dodge 1/2 Ton Truck -Fleet #287 7. :Canon Typewriter AP400-Asset #007679 8. 1985 Canon Personality Module 9. IBM Display Writer 10. Six (6) CRT Monitors w/Keyboards ANALYSIS: • Staffrecommends that authority be granted by the Board of County Commissioners to declare the above surplus and authorize its sale. FUNDING: The monies received from this sale will be returned to the appropriate accounts. y RECOMMENDATION: This will be placed on the Surplus Property Sale open to the Public as per State Statutes. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously declared surplus and authorized the sale of the above listed items as recommended by Staff. J. IRC Bid 91-45 - Grader - Road and Bridge Department Deferred one week. K. IRC Bid 91-45 - End Loader - Road and Bridge Department Deferred one week. 11 MAR 2 199 BOOK 21G a ` ag MAR 26 1391 BOOK 82 PGE r L. Bid Award: IRC 91-46 - Wheel Crusher -Remover - Solid Waste The Board reviewed memo from Purchasing Manager Fran Boynton dated March 18, 1991: DATE: March 18, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran Boynton, Purchasing Manager it SUBJ: Bid Award: IRC 91-46 Wheel Crusher/Remover/Solid. Waste BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION AR -Jon Prentice, Wi D -C Crushing & Shredding Gainesville, F1 National Group of Companies Lima, Ohio February 20, 1991 Fourteen (14) Vendors Three (3) Vendors UNIT PRICE $11,502.00 (Diesel) $15,500.00 $12,600.00 TOTAL AMOUNT OF BID: $11,502.00 SOURCE OF FUNDS: Solid Waste/Landfill Heavy Equipment -Wheel - Track. RECOMMENDATION: Staff recommends that the bid be awarded to AR -Jon as the lowest, most responsive and responsible bidder meeting specifications set forth in the Invitation to Bid. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #IRC 91-46 to AR -Jon as the lowest, most responsive and responsible bidder for $11,502.00, per the following Bid Tabulation: 12 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 r� CA-Crao J(ltw.. ���(/ BID TABULATION Oj`�. Y �y a y v D� v `�Y ` `� �� r,( /IDly %0, v JIJ 'q9` ri �1? 0 -% J�` �" V �/ %)/t/(1'. 1oi' �iiQ `P �„ �` I P �h �YQ Q'4%,,, F 4.% �� 0� u (, JJ �. „(% k �� . P qHEEL ASTE ��G v �� �� • BID NO. 91-46 DATE OF OPENING 2:00 PM 02-20-9 BID TITLE. CRUSHER FOR SOLID ITEM NO. DESCRIPTION UNIT •PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 41e Pie /cF N 6 IS 50. 0". 47,4,00' d SLA Q° ,kt yemc 1110— R Use -iv ii o4ESEL - /'Ire Ke NiQ Di:C. # CH- • we .s40 ebC L n ve x-1 Tiii-1E- Altellrrt .2 04r.$ 1-1)66e.5 "Rs r.5 " //ca/ oe (Sae./,.�E •• M. Bid Award: IRC 91-49 - Two Nine -Ton Trailers The Board reviewed memo from Purchasing Manager Fran Boynton dated March 18, 1991: DATE: March 18, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran Boynton, Purchasing Manager SUBJ: Bid Award: IRC 91-49 Two (2) Nine Ton Trailers BACKGROUND INFORMATION: Bid Opening Date: February 20, 1991 Specifications mailed to: Twenty -One (21) Vendors Replies: Seven (7) Vendors BID TABULATION Southern Truck & Trailer Williamstown, S.C. UNIT PRICE $ 6,195.00 Berggren Equipment $ 6,321.00 Ft Pierce, F1 Airport Machine & Iron Works $ 7,886.80 Vero Beach, F1 Palm Peter Hilt GMC Trucks Ft Lauderdale, F1 BAR 26199 $ 7,166.26 13 POOK 82 f',,E'c J► MAR 26 1991 BOOK 82 06E j;1. Vermeer Sales Orlando, F1 Johnny Stamm Equipment Ft Pierce, F1 Florida Equipment Sales Bartow, F1 $ 6,808.00 $ 6,200.00 $ 6,370.00 TOTAL AMOUNT OF BID: $12,390.00 SOURCE OF FUNDS: Utility /Services Water Department Other Machinery & Equipment. RECOMMENDATION: Staff recommends that the bid be awarded to Southern Truck & Trailer as the lowest, most responsive and responsible bidder meeting specifications set forth in the Invitation to Bid. Chairman Bird commented that the bids were very close and even though most of the bidders were not from Indian River County, he noticed some were located fairly close. He asked if there was a reason, other than price, for choosing Southern Truck & Trailer in South Carolina, and for the small difference wouldn't it have been reasonable to choose a more local firm for purposes of servicing the trailers. Commissioner Bowman asked if that price is FOB Indian River County. General Services Director Dean replied it is FOB Indian River County and he commented that in addition to being the low bid, the using division recommended that we buy from Southern Truck & Trailer. There was discussion about policy for choosing the low bid that meets specifications and Attorney Vitunac advised that our policy is to follow the ordinance and there is no procedure in it for choosing a local supplier.. If the Commission wished to favor local suppliers, we could look at that and see if that is a viable policy. Commissioner Scurlock believed, if we are going to adopt such a policy, we would have to notify all potential bidders. He pointed out that we have spent ten years trying to attract more bidders and felt it would be inappropriate to give preferential treatment to suppliers simply because they are in Indian River County. Commissioner Eggert commented that the Economic Development Council supports the use of local firms and they would just urge that, all things being equal, preference be given to a local firm. 14 Chairman Bird's point was, is it worth it, for a difference of five dollars, to take something back to South Carolina for service. Director Dean explained this was a situation where a local vendor contacted the supplier in South Carolina; so the equipment would be serviced locally in Indian River County. Commissioner Bowman commented that, in essence, then, it was a local vendor who was participating and Director Dean explained the local vendor sent it to the factory so they could be competitive with the bid. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC #91-49 to Southern Truck & Trailer as being the lowest, most responsive and responsible bidder for $6,195.00 per unit, per the following Bid Tabulation: BOARD OF COUNTY COMMISSIONERS 1840 25th StreetQ�C/ Beach, Forida 32960 TABULATION li 511"Vero ,h�!/ / Gi�'��' ti} ://' 'BID ^�� r�t(�`� f�� ��,�'r Q i vBID �DC G��`�4,���' P `j ` `'0 ��� �� � 11 I ` �:/5 ©il, 0 k v• k S`Y v l \ NO. DATE OF OPENING BID TITLE ITEM NO DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE • UNIT 4 /ems 6,3a/ /y9 CO 311k /99/ 80 71 toL iyy/ .R (a ie SO? tqy/ m rr 14 l't 00 6•240 i`tql co (7D PTV OD N6 �-fft: /7'lf?�F z vr_-43 rc (5 #01453A/ 6x.cs tr' " c/r,cE /. P CZ r61,5046(2L5 rrAUEP rn, A=4. *CerYe 'r /3 -, .36 D YS .2W.7_0 /sDt j'S ,e7D 4snx>Ars /S'/i'6•/ 6-/1624: r..IO ' p +.5' /$K"- :4o ww5 t4TD/5•D I vRq5 1#P6 30 Vi %/6 7),=-:(_, U.=P 41 T /e,v 7-E r3 /!.) it 6, TN co �.7 394 Se N. Bid Award: IRC 91-64 - Re -roofing Fire Station #2 The Board reviewed memos from Purchasing Manager Fran Boynton and from Fire Chief Otis Humanes: 15 PSR 26 1991 '.) aOOli� ` a b � r,!\ GE MAR 26 199 BOOK 82 DATE: March 18, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Sery FROM: Fran Boynton, Purchasing Manager SUBJ: Bid Award: IRC 91-64 Reroofing Fire Station #2 BACKGROUND INFORMATION: Bid Opening Date: March 6, 1991 Specifications mailed to: Twelve (12) Vendors Replies: Seven (7) Vendors BID TABULATION Hamblin Enterprises Vero Beach, F1 Lucas Waterproofing Vero Beach, F1 Atlantic Roofing Vero Beach, Fl Charles Ward & Associates Palm City, F1 Cardinal Roofing Pt St Lucie, F1 Hamilton Roofing Palm Bay, Fl Rinkus Construction Kississimme, F1 PRICE $ 6,020.00 $ 8,375.00 $ 8,765.00 $ 8,784.00 $ 8,786.00 $12,000.00 $13,800.00 TOTAL AMOUNT OF BID: $ 8,375.00 SOURCE OF FUNDS: South County Fire District Maintenance - Buildings Account. RECOMMENDATION: Staff recommends that the bid be awarded to Lucas Waterproofing as the lowest, most responsive and responsible bidder meeting specifications set forth in the Invitation to Bid. (See attached memo.) 16 TO: Thru: FROM: Fran Boynton ,Purchasing Manager 3-15-q Doug Wright, rector of Emergency Services Otis Humanes, Fire Chief V DATE: '_March 15, 1991 SUBJECT: RECOMMENDATION OF BID FOR REROOFING FIRE STATION #2, PROJECT: IRC 91-64 After review of all bids submitted it was found that the lowest bidder did not bid all "Project Requirements". On page 17, PROJECT REQUIREMENTS: FLAT DECK AREA "A" #10, (Existing roof top air conditioner shall be disconnected and moved to allow for proper flashing of unit supports-(Trimm Air -Conditioning installed Unit) this requirement is at the expense of the Bidder and should have been reflected in their bid. The lowest bidder, Hamblin Enterprises, 666 63rd Ave., Vero Beach, indicated the expense of moving the air -conditioner would be at the Fire Districts expense. The second lowest bidder was contacted, Lucas Waterproofing Co. Inc., and Mr. Lucas, owner, stated their bid does include the removal of the air -conditioner as required in the Project Requirements. RECOMMENDATION: It is my recommendation that PROJECT: IRC 91-64 Reroofing Fire Station #2 be awarded to Lucas Waterproofing Company, Inc. This is due to the non-responsive bid submitted by Hamblin Enterprises. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid #IRC 91-64 for re -roofing Fire Station #2 to Lucas Waterproofing as the lowest, most responsive and responsible bidder in the amount of $8,375.00. 0. Appointment of Tom Eby to Affordable Housing Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the Appointment of Tom Eby as representative from Harbor Federal to the Affordable Housing Committee. 17 MAR 2 6 1991 EOOa.� FA��t w, MAR 26 i99' BOOK F;CE1000 PUBLIC HEARINGS - ORDINANCES ESTABLISHING TITLE IV, CHAPTERS 400/401/402 County Attorney Vitunac announced that the following Proof of Publication applies to the three following public hearings. Commissioner Eggert asked if all these proposed ordinances went through the Professional Services Committee and Administrator Chandler confirmed that they did and also the Board of Appeals. 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-Joumal, a daily newspaper published at Vero Beach in Indian River.County, Florida; That the attached copy of advertisement, being in the matter of PLC h Q tint/ 1 in the / ton JCourt, was pub- lished in said newspaper In the issues of `4 )0, ton 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. ^1/ Sworn to and subscribed before me this — day of �L L-A D 19 GI jr• • (Business Manager) (SEAL) --(61e �1 I �; eor treflo idar' Consagniest Eagles June 29, 1903 18 NOTICE The Board of County Commissioners of Indian River County, Florida. hereby provides notice of a Public Hearing scheduled for 9:05 A.M. on Tuesday, March 26. 1991, to discuss and con- sider the adoption of the following proposed or- dinances entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABUSHING .TITLE IV. CONTRACTOR AND BUILD- ING REGULATIONS CHAPTER 400 -REGULATION OF CONTRACTORS, PROVIDING REPEAL; PROVIDING SEV- ERABILITY: AND PROVIDING AN EF- FECTIVE DATE. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 401 - BUILDING CODES OF TITLE IV, PROVIDING REPEAL; PROVIDING SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 402 - COASTAL CONSTRUC- TION CODE OF TITLE IV, PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which Includes testimony and evidence upon which the appeal is based. March 7. 1991 776042 PUBLIC HEARING - ORDINANCE ESTABLISHING TITLE IV, CONTRACTOR AND BUILDING REGULATIONS CHAPTER 400 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 91-11 establishing Title IV, Contractor and Building Regulations Chapter 400. ORDINANCE 91-aj AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING TITLE IV, CON- TRACTOR AND BUILDING REGULATIONS CHAPTER 400 - REGULATION OF CONTRACTORS, PROVIDING REPEAL; PROVIDING SEVERABIL- ITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 91-11 IS ON FILE IN ITS ENTIRETY IN THE OFFICE OF CLERK TO THE BOARD PUBLIC HEARING - ORDINANCE ESTABLISHING CHAPTER 401 - BUILDING CODES OF TITLE IV The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 91-12, establishing Chapter 401, Building Codes of Title IV ORDINANCE 9112 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 401 - BUILDING CODES OF TITLE IV, PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 91-12 IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 19 MAR 26 1991 BOOK 82 [AV/ MAR 26991 BOOK 82 PAGELO 2 PUBLIC HEARING - AN ORDINANCE ESTABLISHING CHAPTER 402 - COASTAL CONSTRUCTION CODE OF TITLE IV Commissioner Bowman wished to comment that there are 12 typographical errors under Section 402.11, Page 61 of the backup material, and Attorney Vitunac assured her that this will be retyped and corrected in the final adopted ordinance. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by_ Commissioner Wheeler, the Board unanimously adopted Ordinance 91-13, establishing Chapter 402 - Coastal Construction Code of Title IV. ORDINANCE 91-13 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 402 - COASTAL CONSTRUCTION CODE OF TITLE IV, PROVIDING REPEAL; PROVIDING SEVERABIL- ITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 91-13 IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD A RESOLUTION ABANDONING INDIAN RIVER COUNTY'S INTEREST, IF ANY, IN THE ROAD AND BRIDGE WEST OF CR 507 ALONG DITCH 1 NORTH OF FELLSMERE 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: 20 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 irk, dian River County, Florida; that the attached copy of advertisement, being a 011 in the matter of eg 667 In the Court, was pub- Iished in said newspaper in the issues of / W l.. a/1 // ( /q 7( 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. % I j � Sworn to and subscribed before me this day A.D.off. j Q1 L 19 6 i (SEAL) 4,/ . (Business I� dnager) • 16terk-cif-MECircuit CourtIndian-RtverGounty, Florida)_- ;0,, `s+ • NOTICE The Board of County Commissioners of Indian Ever County, Florida, hereby provides notice of e Public Hearing scheduled for 9:05 A.M. on Tuesday, March 26, 1991, to discuss and con- sider the adoption of the following proposed resolution entitled: A RESOLUTION ABANDONING INDIAN RIVER COUNTY'S INTEREST, IF ANY, IN THE ROAD AND BRIDGE WEST OF . CR 507 ALONG DITCH 1 NORTH OF FELLSMERE. kryone who may wish to appeal any decision Won may be made at this meeting will need to erre that a verbatim record of the proceedings bmede, which Includes testimony and evidence upon which the appeal is based. March 11, 1991 777326 Chairman Bird announced a continued public hearing on the resolution. Public Works Director Davis explained this is a formal abandonment of a bridge structure which is located in the Fellsmere Farms district along Ditch Number One at Park Lateral Canal. Mr. Crews, 14194 122nd Street, Fellsmere, came before the Board to make a statement prior to a final decision in the matter which he described as a big problem to him. Mr. Crews recapped his appearances before the Board in February and again in March at which times he had requested the Board resume maintenance of the bridge. Mr. Crews, at that time, had volunteered to share with the County in the maintenance of the bridge. Mr. Crews felt the problem has snowballed to the point of the County abandoning interest in the bridge. Mr. Crews reminded the Board that he had to convince staff that he did not own the bridge and felt, after the ownership question was resolved, it became an exercise in how the County could legally dump all responsibility for the bridge. He reiterated the history of the County replacing the old wooden bridge in the '60's with a concrete bridge, and said neither Mr. Platt nor anyone else would have homesteaded there had it not been for the bridge, which was bought and paid for with County taxes. 21 Fin 261991 BOOK 82 FAGF,MQ gjgR261991 BOOK 82 Pace He spoke of Mr. Platt tearing down his old home and rebuilding on the other side of Park Lateral, a move he would not have made were it not for the bridge. Mr. Crews reported that Fellsmere Water Control District sent a letter to Mr. Davis in which they stated if the County abandons this bridge they would recommend to the Board of Supervisors the removal of this structure, since neither the County nor Mr. Crews would take responsibility for the bridge. However, Mr. Crews stated the remark about him not taking responsibility was in error. Mr. Crews brought up the fact that the drainage district does not have in their charter that they can own structures, only waterways and ditches. Mr. Crews mentioned a meeting with Fellsmere Water Control District Board of Supervisors, with Director Davis in attendance, when the Board of Supervisors agreed to allow the bridge to remain if it is abandoned by the County but would become the responsibility of Mr. Crews to see that the bridge does not in any way impede the flow of water or the purpose of the canal. Mr. Crews dreads the future when a different Board of Supervisors may have a different opinion and repeal this decision, much the same as this Board of County Commissioners is declaring null and void the previous agreement to maintain the bridge. Commissioner Scurlock criticized the waste of taxpayers money in originally building the bridge on private property. He felt some sort of deal had been cut because the County does not ordinarily go out and build bridges for developers now, but it seems to have been common back in those days. Mr. Crews tried to explain that the bridge is not on private property; it is across property owned by the water control district. Commissioner Scurlock asked whether the road leading to the bridge is Mr. Crews' private property, and Mr. Crews admitted it is but contended the development of the area would not have taken place were it not for the County building the bridge and he estimated it happened in the teens or the twenties. Mr. Crews suggested that, were it not for the need for the waterway for drainage, there would be no need for a bridge and perhaps that was the reasoning of the Commission back in the '60's, not to penalize the property owners. It was for public benefit, even though it was a very small part of the public. He suggested there were many examples of the County work, graders working on private roads or grading roads, which benefit only a few houses. Mr. Crews presented three options: first, requesting the Board of County Commissioners retain ownership of the bridge and be responsible for its good repair as in the past; second, for it to 22 stay as it was in the past and allow him to share maintenance; and, third, if the County is going to abandon the bridge, that the work done in the '80's be repaired. Discussion continued at length as to Mr. Platt being given either the bridge or the maintenance of it and as to building a bridge to private property. Mr. Crews agreed that Mr. Platt owned only the road leading to the bridge, but this bridge led to the old Fellsmere Farms development which contained hundreds of ten -acre tracts. Commissioner Scurlock believed those tracts are now owned by just one or two people. Commissioner Scurlock described the process of assessment to build and repair roads and, in that way, whoever is receiving the benefit is paying for it. Attorney Vitunac advised you cannot assess for a private purpose. He added he did not know how the bridge was originally built but probably it was an illegal expense at the beginning. Now that we have become aware of that, we have abandoned all interest in it and that is the only way to solve this, unless the Board makes it a public purpose by making it a public road, but we cannot maintain a public bridge over a totally private area. It would be continuing an illegal expense. Commissioner Scurlock asked if Mr. Crews would dedicate the road leading to the bridge and from it, would that be proper. Attorney Vitunac said he thought so. Commissioner Scurlock asked Mr. Crews if he were willing to dedicate the road to the County for public use. Mr. Crews explained that when the ditches were dug they were laid out between these ten -acre property tracts so that the right- of-way for the ditches was forty feet. The ditches were originally small ditches so there was plenty of room beside them inside that forty foot right-of-way for roads. As the years have gone by the ditches have expanded where the ditch takes up all of the forty - foot right-of-way. He explained this caused a problem not only for himself but for everyone, because to go anywhere the road has to be on somebody else's property, unless they give it away to the County, or whoever. It is a situation that has developed and evolved over a long period of years. There was more discussion of dedication of the private road and Chairman Bird recommended we need the whole package one way or the other. He felt it would be proper to give Mr. Crews back the bridge, since it is a private road going to and through private property and leave it at that. If in the future the situation changes and there is need to have access to a great deal of 23 AR 26 1991 POOK G? F'Acj., EJ5 MAR 26 199,E BOOK 82 FacE►1OG property which is on the other side of the bridge and the owner of that land wants to convey the appropriate right-of-way for the road to be taken over by the County as a public road, then it would be logical and proper to take the bridge back. Director Davis commented the problem with the County accepting responsibility of the road leading to the bridge is the fact that the road is very narrow, only one lane, and the County would have to bring it up to standards or incur liability for any accidents on the road. Mr. Crews offered to give the right-of-way on that road as long as it is not a ridiculous sixty feet, which is not -needed. Mr. Bird asked if there were any other comments from Mr. Crews or anyone else. There being none, he closed the public hearing. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously adopted and passed Resolution 91-33, abandoning Indian River County's interest, if any, in the road and bridge west of CR 507 along Ditch 1 north of Fellsmere. 24 RESOLUTION 91- 33 A RESOLUTION ABANDONING INDIAN RIVER COUNTY'S INTEREST, IF ANY, IN THE ROAD AND BRIDGE WEST OF CR 507 ALONG DITCH 1 NORTH OF FELLSMERE. WHEREAS, the road traversing the bridge west of CR 507 along ditch 1 north of the town of Fellsmere, Indian River County, Florida, is private property not dedicated to Indian River County; and WHEREAS, existing records do not place ownership of the r road or bridge in the County; and WHEREAS, Carson Platt, now deceased, was the owner of the property; and WHEREAS, Carson Platt in October 1985 requested that the County Commission cease any maintenance because he has maintained the road and bridge since 1942 and because said road and bridge were on his private property; and WHEREAS, the Board of County Commissioners acceded to the request of Carson Platt (O.R. Book 62, Page 367); and WHEREAS, the Commission at that time took no action pursuant to Section 336.10, F.S., because none was apparently required; and WHEREAS, it now appears appropriate to memorialize this previous action and to follow the procedure in Section 336.10, F.S. , and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider a renouncement and disclaimer of property interest has been duly published; and WHEREAS, after consideration of, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located with in any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor is their any evidence to support a finding that said road and bridge are County property. 25 MAR 2 6 10 BOOK Emr� F'AGE1d� d1 1 4�� 2€) la491 BOOK 82 PAGE10O8 NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida that: 1. All right, title and interest of the County and the public, if any, in and to that certain right-of-way being known more particularly described: Bridge 884006 - 122nd Street, over Park Lateral Canal, is hereby forever closed, abandoned, vacated, surrendered, discounted, remised and released. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. The resolution was moved for adoption by Commissioner Bowman and the motion was seconded by Commissioner Wheel er , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock , Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 26 day of March 1991. Jeffrey K. Bart , Clerk , , BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 26 Richard N. Bird Chairman STATE AID TO LIBRARIES GRANT AGREEMENT Administrator Chandler requested execution of the Grant Agreement by the Commission and explained this item was added to the Agenda because it must be returned to Tallahassee by April 1st. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman to execute the Grant Agreement for State Aid to Libraries. SAID DOCUMENT WILL BE PLACED IN THE FILES IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED ACTUARIAL STUDY C' -e( The Board reviewed memo from Risk Manager Beth Jordan dated March 13, 1991: TO: THRU: Jack Price, Personnel Director FROM: Beth Jordan, Risk Manager's 19( DATE: 13 March 1991 SUBJECT: Agenda Request; Actuarial Study Please consider the following item for inclusion on the March 26, 1991, Board of County Commissioners' agenda. James Chandler, County Administrator Background On March 20, 1990, the Board approved of the utilization of Coopers & Lybrand for the annual actuarial study of the self-insurance program with the understanding that a request for proposals would be issued for the 1991 study. Subsequently, the Board on August 24, 1990, approved an agreement with Coopers & Lybrand for County- wide audit services, including actuarial services, which included the stipulation that costs for actuarial services were to be negotiated at the time the services were requested and were to include submission of a written proposal by the auditor. That proposal has been received and the not -to -exceed costs of $10,600.00 are the same as in 1990. One of the benefits of again using this firm is their knowledge of the County's program and their experience with the specific loss history. Recommendation Staff recommends the Board approve the use of Coopers & Lybrand's .actuarial services based upon the firm's written proposal at a not - to -exceed cost of $10,600.00. 27 MAR 2Fr 1991 BOOK 82 PAGE4t6Q�ej MAR 2,6 4991 t BOOK j' PAr, ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the use of Coopers & Lybrand's actuarial services as proposed at a not -to -exceed cost of $10,600.00 as recommended by Staff. PETITION PAVING (FINAL ASSESSMENT ROLLS) - 8TH, 9TH, AND 10TH AVENUES FROM 2ND STREET TO SOUTH RELIEF CANAL; 13TH AVENUE BETWEEN 2ND AND 4TH STREETS: AND 134TH STREET SOUTH OF ROSELAND ROAD Michelle Gentile, CET, reviewed the following: ----------------------------------------------------------------- TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer Michelle A. Gentile, CET Civil Engineer FROM: SUBJECT: 1) '2) 3) 4) 5) 8th Avenue from 2nd Street to South Relief Canal 9th Avenue from 2nd Street to South Relief Canal 10th Avenue from 2nd Street to South Relief Canal 13th Avenue between 2nd Street and 4th Street 134th Street South of Roseland Road DATE: March 5, 1991 DESCRIPTION AND CONDITIONS The paving of the above roads has assessment is as follows: 1) 8th Avenue Preliminary Estimate $17,166.12 - 100% $12,876.60 - 75% (843.13 FF) $15.27/Per FF Preliminary Estimate $25,325.44 - 100% $18,994.08 - 75% (1189.36 FF) $15.97/Per FF 9th Avenue 3)10th Avenue Preliminary Estimate $39,398.35 - 100% $29,548.76 - 75% (1714.96 FF) $17.23/Per FF 4)13th Avenue Preliminary Estimate $55,719.83 - 100% $41,789.87 - 75% (2500.89 FF) $16.71/Per FF 28 been completed. The final. Final Cost • $16,565.50 - 100% $12,672.24 - 75%* (843.13 FF) $15.03/Per FF Final Cost $22,807.14 - 100% $17,447.91 - 75%* (1189.36 FF) $14.67/Per FF Final Cost $26,784.68 - 100% $20,493.77 - 75%* (1714.96 FF) $11.95/Per FF Final Cost $53,647.86 - 100% $41,039.60 - 75%* (2500.89 FF) $16.41/Per FF c 5)134th Street Preliminary Estimate $111,964.46 - 100% $ 83,973.34 - 75% (21.063 Acres) $3,986.77/Acre *This figure includes Final Cost $83,082.62 - 100% $63,558.23 - 75%* (21.063 Acres) $3,017.53/Acre 2% Tax Collector's fee. The final assessment rolls have been prepared and are ready to be delivered to the Clerk to the Board. Assessments for 8th, 9th, 10th and 13th Avenues are to be paid within 90 days or in 2 equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date_ at an interest rate of 12% established by the Board of County Commissioners. During the public hearing for paving 134th Street, the Board authorized assessments to be paid within 90 days or in five equal installments. The due date is 90 days after the final determination of the special assessment. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment rolls. RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above mentioned subdivision be approved by the Board of County Commissioners and that it be transferred to the Office of the Clerk to the Board for recording in the "Assessment Lien Book" and to the Tax Collectors office for collection. The Chairman asked if anyone wished to speak regarding any of the projects listed, and there were none. Commissioner Eggert requested that in the future, rather than including a copy of the assessment rolls in the backup material, there just be a note included on the memo advising that the assessment rolls are available in the County Commission offices for anyone who wishes to review them. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the final assessment rolls and the "As -Built Resolutions" as follows: Resolution 91-34, 8th Avenue from 2nd Street to South Relief Canal Resolution 91-35, 9th Avenue from 2nd Street to South Relief Canal Resolution 91-36, 10th Avenue from 2nd Street to South Relief Canal Resolution 91-37, 13th Avenue between 2nd Street and 4th Street Resolution 91-38, 134th Street south of Roseland Road 29 MAR 26 1991 BOOK 82 FAcdt.i MSR 26 199 BOOK RESOLUTION NO. 91- 34 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 8TH AVENUE SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL, DESIGNATED AS PROJECT NO. 8706, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTION NO. 91- 35 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 9TH AVENUE SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL, DESIGNATED AS PROJECT NO. 8708, AND. OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTION NO. 91-36 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 10TH AVENUE FROM 2ND STREET TO SOUTH RELIEF CANAL, DESIGNATED AS PROJECT NO. 8712, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTION NO. 91- 37 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 13TH AVENUE BETWEEN 2ND AND 4TH STREET, DESIGNATED AS PROJECT NO. 8846, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTION NO. 91- 38 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 134TH STREET FROM ROSELAND ROAD TO ST SEBASTIAN CHURCH PROPERTY IN THE TOWN OF WAUREGAN SUBDIVISION, DESIGNATED AS PROJECT NO. 8901, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. PAGE1012 SAID RESOLUTIONS, IN THEIR ENTIRETY AND WITH ASSESSMENT ROLLS ATTACHED, ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 30 FINAL ASSESSMENT ROLL: DIXIE HEIGHTS SUBDIVISION Michelle Gentile, CET, reviewed the following, noting that the final assessment worked out to less than the preliminary assessment: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer ' FROM: Michelle A. entile, CET Civil Engineer SUBJECT: Dixie Heights Subdivision DATE: March 15, 1991 a/6,k DESCRIPTION AND CONDITIONS 3 The paving of the roads in the above subdivision has been completed. The final assessment is as follows: Preliminary Assessment Estimate Final Cost $1,019,460.00 - 100% $997,037.24 - 100% - $ 764,595.00 - 75% $762,732.90 - 75%* (690 Parcels) (690 Parcels) $1,108.11/Per Parcel $1,105.41/Per Parcel *This figure includes 2% Tax Collector's fee. i - ..The final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in 5 equal installments, the first to be made -twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 12% established by the Board of County Commissioners. The due date is 90 days after the final determination of the special assessment. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment roll. _I RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above mentioned subdivision be approved by the Board of County Commissioners and that it be transferred to the Office of the Clerk to the Board for recording in the "Assessment Lien Book" and to the Tax. Collectors office for collection. 31 MAR 261991 BOOK. EAGc MMR 26 199 BOOK 4014 The Chairman asked if anyone present wished to speak regarding this assessment, and there were none. Public Works Director Davis commented that the assessment rolls presented to the Board today total approximately $1.2 million, and he thought they all have been concluded successfully. Dixie Heights was the largest project we have done, and most of the work was done in-house. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the final assessment roll and "As -Built" Resolution 91-39 regarding the paving of Dixie Heights Subdivision. RESOLUTION NO. 91- 39 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO DIXIE HEIGHTS SUBDIVISION, DESIGNATED AS PROJECT NO. 8616, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTION 91-39 IN ITS ENTIRETY, WITH ASSESSMENT ROLL ATTACHED, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD NORTH BEACHES WATER MAIN EXTENSION ON A1A NORTH OF JUNGLE TRAIL Administrator Chandler reviewed the following: 32 DATE: MARCH 14, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. McCAIN AND STAFFED CAPITAL PROJECT(e. R BY: DEPARTMENT OFI Y SERVICES SUBJECT: NORTH BEACHES WATER MAIN EXTENSION ON A1A NORTH OF JUNGLE TRAIL INDIAN RIVER COUNTY PROJECT NO. UW -89 -12 -DS BACKGROUND On February 27, 1990, the Indian River County Board of County Commissioners approved the aforementioned assessment project. We are now ready to begin the assessment process associated with this project. - The Board of County Commissioners previously approved -Resolutions 1 and 2 (91-9 and 91-10) for this project on January 22 -of this year. Due to changes in the assessment roll, we must begin the assessment process again. The attached resolutions will supersede Resolutions 91-9 and 91-10. ANALYSIS • Attached please find Resolutions 1 and 2 for the assessment project. The cost per square foot is 0.04064 dollars, and the project will serve the area on A1A, north of Jungle Trail and two smaller subdivisions on 109th Place and 110th Place. The total cost to be assessed is $235,864.00. RECOMMENDATION The Staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions and set the assessment hearing date. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Resolution 91-40, providing for installation of the above described water main extension, and Resolution 91-41, setting a time and place for the public hearing on same. RESOLUTION NO. 91- an A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR INSTALLATION OF NORTH BEACHES WATER MAIN EXTENSION IN A -1-A FROM THE NORTHERN END OF JUNGLE TRAIL TO THE McLARTY MUSEUM; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF AREAS SPECIFICALLY SERVED. 33 MPR 26 199 BOOK 8? FA6,1O1 MAR 2,6199 AOOK 8: FAGE10IC RESOLUTION NO. 91-41 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON A -1-A FROM THE NORTHERN END OF JUNGLE TRAIL TO THE McLARTY MUSEUM AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. SAID RESOLUTIONS, WITH ATTACHED PRELIMINARY ASSESSMENT ROLL, ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE AMERICAN RETIREMENT COMMUNITIES PARTNERSHIP (ARCP) FOR PAYMENT OF IMPACT FEES AND TRANSFER OF OWNERSHIP OF UTILITY FACILITIES TO INDIAN RIVER COUNTY The Board reviewed memo from Utilities Director Terry Pinto dated March 19, 1991: DATE: MARCH 19, 1991 TO: JAMES E. CHANDLER / COUNTY ADMINISTRAT FROM: TERRANCE G. PIN DIRECTOR OF UTIL ' SERVICES STAFFED AND HARRY E. ASHE PREPARED BY: ASSISTANT DIREC OR OF UTILITY SERVICES SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE AMERICAN RETIREMENT COMMUNITIES PARTNERSHIP (ARCP) FOR PAYMENT OF IMPACT FEES AND TRANSFER OF OWNERSHIP OF UTILITY FACILITIES TO INDIAN RIVER COUNTY BACKGROUND: American Retirement Communities Partnership (ARCP), d.b.a. Heritage Village Mobile Home Park, was granted a franchise under Resolution.. No. 74-78 by Indian River County on September 25, 1974, to construct and operate a water and wastewater system to serve a 436 -unit - manufactured housing community. Section 20 of the franchise states, "The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by -the Board and shall continue in force and effect until such time as the County may install or acquire its own sewage collection and treatment system and supplies the same to individual customers at which time, Owner will convey all of its facilities (except for sewer treatment plant and plant site) and easements for location of same as Owner may own, free and clear of all liens or mortgages, to said County without charge." The Department has endeavored since September 1989 to negotiate an agreement for connection, as set forth in my February 21, 1991, memo to Chairman Bird (attached). 34 ANALYSIS: The Department of Utility Services has provided "Notice to Connect"' to ARCP, pursuant to Section 20 of Resolution -74-78. The Department of Utility Services and ARCP have negotiated the attached agreement to effect the connection to the Indian River County water and wastewater system, and set forth a payment schedule for water and wastewater impact fees. 2ECOMMENDATION: The Staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached agreement between Indian River County and American Retirement Communities Partnership for the connection of ARCP to Indian River County water and. wastewater facilities and authorize the execution of the agreement by the Chairman of the Board of County Commissioners. Chairman Bird asked how this would affect the residents and Director Pinto commented that, since we are dealing with the park owner, we don't know how it is going to affect the residents. Commissioner Scurlock felt it would ultimately be passed on to the residents as is the usual procedure with rental property owners unless the lease arrangements can be construed otherwise. Director Pinto recalled a letter which park owner moving immediately he will be impact fee increases as far as wastewater passed through, it will be passed through because of this agreement. County Attorney Vitunac referred to Paragraph VI, IMPACT FEES, of the Agreement and advised that if we just made the developer pay the County a certain percentage, 15% or 20%, of the outstanding impact fees, and uncoupled this agreement from the sale of units in the park, that would remove us even further from the problem between the developer and mobile home owner. In other words, not require an impact fee at the sale of each unit but just require that the developer give the County the fees for 43 units per year, a minimum of 43 units per year, period, and not require the money at the time of sale, because that requirement is what is tying the fee to the mobile home owner. Commissioner Scurlock brought up the point that Utilities has been receiving checks from the renters on their personal checking accounts, which he had previously thought was not happening. Director Pinto explained that people are coming in, they want to pay an impact fee on behalf of the park owner, but in no way do they want that money to go through the park owner; they insist we take the money. So, we take the money and notify the park owner. Chairman Bird was sure their intent is to vest themselves at today's rate, and there is nothing wrong with that. indicated that by the circumventing future so, if anything gets at a lesser amount 35 MAR 26 1991 /fir v:.0 BOOK 82 FA6 V. LIAR 26 1991 BOOK 82PAGE,,' Commissioner Eggert wondered if we settle on 45 units, this is not to say which 45 units, and would that put pressure on someone the developer does not think is part of those 45 units. Attorney Vitunac perceived the contract, as written, would give the developer reason to collect the fee every time a unit turns over, and pay that fee to the County that year and make sure it adds up to 45 units. Discussion continued regarding the number of units sold each year, and Director Pinto noted that in this agreement, because it is only a five-year agreement and we are talking about a fairly substantial number, turnover is not a major issue. Attorney Vitunac said, with the agreement as it is, if he resold 60 units in a year, he would have to pay 60, not 43, and if we took out all the language starting with "said water impact fees," he would only have to pay 43 a year, even though he sold 60. Commissioner Scurlock believed Attorney Vitunac is saying, if we structure these agreements in a five-year program to one-fifth being paid per year and not tie it to turnover of the units, we would be in a better legal position. Administrator Chandler agreed that a minimum per year could be set and if the owner wants to pay more per year, that is his option. Director Pinto thought that would be no problem with mobile home park owners if we want to make that amendment. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the proposed agreement with American Retirement Communities Partnership, with the change discussed above. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD PROPOSED SETTLEMENT OF CERTAIN CLAIMS IN INDIAN RIVER BOULEVARD CONDEMNATION SUIT Assistant County Attorney Collins reviewed the following: 36 TO: The Board of County Commissioners FROM: e":"(-- William G. Collins II - Assistant County Attorney DATE: March 20, 1991 SUBJECT: Proposed Settlement of Certain Claims in Indian River Boulevard Condemnation Suits Indian River County is currently involved in condemnation lawsuits involving Parcel 103 (Indian River West), Parcel 108 (Hoffman), and Parcel 110 (Gregory/Wiggins) in connection with Phase III of Indian River Boulevard. In each of those suits, E. M. Newmark and Edmond and Doris Allen have been named as defendants. Mr. Newmark and the_ Allens have asserted that they have certain easement rights which are being condemned by the County which will deny them access to. their riverfront lots. They have alleged in these suits four legal theories as to how to establish the existence of their easements or, in the alternative, that they are entitled to severance damages if their access is denied or to inverse condemnation damages. Mr. Newmark and the Aliens have proposed a settlement agreement which would dismiss them from the suits and release all legal claims against the County, including any claims to attorney's fees which could have been asserted, in exchange for the County granting Mr. Newmark and the Aliens a license which would permit them to use the path or unimproved road known as the Mosquito Impoundment Dyke Road for access to their property and not considering them trespassers in exercising this license. In consideration for these agreements, they request due consideration from the County for access from Indian River Boulevard (presumably at whatever point the Mosquito Impoundment Dyke Road is accessed) consistent with County codes and ordinances. The proposed settlement agreement appears to be an efficient means of resolving the claims of the three parties in .these three different lawsuits. Whether or not Newmark and the Allens would prevail in court on their claims of the existence of an easement and/or their entitlement to damages is open to question. However, it would seem prudent to avoid the court costs and attorney's fees on both sides that would be required to prove or disprove their contentions. The County would be under no obligation under the terms of this agreement to improve the condition of the dyke impoundment. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman to execute the proposed Settlement Agreements and Releases attached hereto. 37 MAR 26 1991 BOOK fAGE 01.E MAR 26 1991 BOOK 2 PAGE 4,40 0 • . GOV. LOT 4 MA rpt4 yPgrooFl Ofo AN .:t':4:{aai:.tii: ;:�:• �i:C LRF, DRAINAGE J1 DIST. ARGEQ -. ECTIO �) ItichAs Pi46 4+EfT : •q 4.`o .t� r • roDmiti4 POO. Wase zoic. 38 Attorney Collins summed up that this essentially would release the County from any claims and liabilities to Mr. Newmark and the Allens and would allow them to continue making use of this road as they have in the past without being charged as a trespasser. It was noted there necessarily would have to be some access point from the Boulevard to get on the impoundment dike, and Commissioner Scurlock noted that Public Works Director Davis has worked so hard trying to limit access to the Boulevard and keep it flowing freely that he did not want to jeopardize that. Attorney Collins believed there has to be an access point to maintain the dike in any event, and that access point just would not be open to the general public. Director Davis confirmed that we do have a need to get on the dike surrounding the impoundment to construct and maintain the culvert that is placed between the impoundment and the river, and the Main Relief Canal bridge is going to contain a roadway beneath the bridge. The intent is to put a roadway within the main canal right of way to be a service roadway. There also probably will be a graded connection from the Boulevard onto the dike itself. Director Davis did not see any problem with this. Mr. Newmark was present and believed Attorney Collins covered everything adequately. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to execute the proposed Settlement Agreements and Releases with E. M. Newmark and with Edmond and Doris Allen as recommended by staff. SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD MEETING IN TALLAHASSEE Chairman Bird informed the Board that he had received a letter from Pat Corrigan of the Cattlemen's Association, who will be flying in his airplane to the meeting, and has invited any Board Member or staff representative to join him. Planning Director Boling also has received a letter in regard to this same meeting from Ernie Padgett of Santa Rosa County. Planning Director Boling brought up the difference in the status of our Comprehensive Plan from those of the 26 counties planning the meeting. He believed we are much further along in our process; in fact, we are at a totally different end of the 39 LIAR 26 1991 _ BOOK 8 h FACE144,1, MAR 26 1991 BOOK 8 PAGEJL spectrum, and these 26 counties formed this coalition because they are just now getting into the process. These 26 counties are rural counties, mostly located in the Panhandle area. Commissioner Scurlock commented this is the second phase of implementation of the state-wide plan; they took the coastal counties first and now it is affecting the interior counties and that is where the coalition was formed. Planning Director Boling advised that we have entered into a compliance agreement and, at this point, we are at the tail end of the process. Chairman Bird empathized with them and realized we have experienced the duress and some of the same feelings that some of these 26 counties are feeling; and the invitation was issued. Commissioner Scurlock thought what might be important is that with the new governor and new people that may be appointed, there may be a policy shift, and if that occurs and they are more favorable to our position, it may give us a wedge to go back and revisit and possibly in the future get some modification. Possibly that could be a reason to interface and track what is happening with these counties because we want to be sure they are applying this Comprehensive Plan uniformly throughout all the counties. He noted, however, that he is not volunteering to attend this particular meeting. Commissioner Wheeler agreed that, if there was a policy shift, we would be aware of it and possibly we could shed some light on this and be of some assistance to the coalition. Chairman Bird asked if anyone was interested in attending the meeting. Commissioners Eggert and Scurlock indicated they could not attend. Planning Director Boling believed this meeting is a strategy meeting and the meeting with the new Secretary is April 1. He felt the Board could send a letter of support. Commissioner Eggert did not think there is any true value in a member of our Commission going to this meeting. If anything comes of it, we can be sure we are going to hear about it and she felt that we can track this from here. Chairman Bird believed that he is hearing that if anyone wants to go, travel is authorized. Commissioner Eggert commented that she was not sure she would even vote to authorize travel, and Commissioner Scurlock noted that with the new financial disclosure requirements, if you attend and do not have authorization, you would have to report it. He felt 40 because of the new policy that it will be more important to formally authorize things that we have not authorized formally in the past. Chairman Bird advised that he will just convey to Mr. Corrigan that we will track this and watch what is happening but due to the short notice, we will not attend. Board Members agreed. TRANSPORTATION PLANNING COMMITTEE REPORT Commissioner Bowman referred the Board to the following: TRANSPORTATION PLANNING COMMITTEE SUMMARY OF ACTIONS March 13, 1991 The following is a summary of the Transportation Planning Committee meeting of 3/13/91: 1. Presentation by Robert Brodie for Railroad Bridge over CR -512; and new business corridor in Sebastian. Mr. Brodie gave a presentation on his plan for a railroad bridge over CR -512; and for a new business corridor west of Sebastian (Gibson St./Jackson St.) The committee recommended that the County Commission approve funding to do an engineering study on alternatives for the CR -512 project, and to determine if the CR -512 project is compatible with Mr. Brodie's plan. The vote was 5-1. 2. Florida DOT Intrastate program. It was the consensus of the committee that the County Commission should be asked to write a letter to FDOT requesting that SR -60 be widened to a 'l -lane divided highway as soon as possible, even if they have to make it a toll road to gay for the improvements. In regard to the recommendation to do an engineering study on alternatives for the CR 512 project, Administrator Chandler advised that will be on the agenda next week. Director Davis is bringing in the result of the committee meeting. Commissioner Bowman then referred to writing a letter to FDOT about widening SR 60 to a four -lane divided highway, even if they have to make it a toll road to pay for the improvement, noting that we have been asking for this for ten years. Commissioner Scurlock pointed out that a toll road requires setting up an Expressway Authority but Commissioner Bowman felt it is an extremely dangerous road and we must do something. Commissioner Scurlock was concerned about the scheduled widening of SR 60 as just a temporary measure when there is a need to do something permanent. 41 MAR 26 1991 L BOOK 82 FtGE Pr- WiPA2€I99 s '�n BOOK PAGEIO2 Commissioner Bowman believed the plan is to maintain the present road as the westbound lanes and build the eastbound lanes on the other side of the canals. Commissioner Wheeler concurred that SR 60 has to be one of the most dangerous roads in the state. Director Davis noted that the east -west roads have been somewhat neglected over the years and the DOT has come up with what is called an "intrastate system" which addresses most of the east- : west roads in Florida and they plan to have all these roads four- laned within twenty years. Chairman Bird believed "60" is about the only road that is a direct route from the east coast to the west coast of Florida. Commissioner Scurlock did not believe that he has heard anyone with any objection to paying a fee to travel that road. He asked if it is possible to set up an Authority and budget for this project rather than wait for the State to do it. Attorney Vitunac believed you would have to get State authority and have a Special Bill. Director Davis did not think the County has the ability to set up an Authority and implement improvements on the State system. He did think it is worth discussion as to setting up a state system. He continued that they are on track with bids to widen SR 60, improve shoulders, et cetera, and they are talking about 7 million dollars. That is in the five-year state DOT Plan. Other changes will come when they implement the "intrastate system." William Koolage, concerned citizen, advised that he would like to see the Board take all the steps they can to . get SR 60 to a four -lane highway. The people who use it will be paying for it. Chairman Bird felt that right now we should push for the expanded two lanes from CR 512 to the west and then the four lanes as soon as possible. He suggested Director Davis correspond with the DOT regarding our discussion. Commissioner Scurlock wished to address the CR 512 project in Sebastian. He felt we should not take any position until we have something formal from the City of Sebastian. Commissioner Scurlock related receiving a telephone call from Mayor Conyers who is in opposition to delaying anything. Commissioner Scurlock's impression was that there was not unanimity on the City of Sebastian Council and felt we should not move ahead without knowing their position and, in fact, Mayor Conyers had suggested no action by the County Commission until the Commission receives formal correspondence from the City of Sebastian Council. 42 Attorney Steven Lulich confirmed there is to be a meeting tomorrow night on whether to support Frank Oberbeck's motion made at the Transportation Committee Meeting. Commissioner Scurlock felt the need to protect traffic service levels to prevent a building moratorium. Commissioner Bowman noted that there are plans in Sebastian to save their waterfront by restoring it to a historic fishing village. She thought they are proposing a parallel road further to the west from U.S. 1 which would create a loop between CR 512 and the Roseland Road -U.S. 1 intersection and their main concern is that nobody spend any money now for something. that will have'to be redone. She felt raising the railroad would affect the level at the north intersection. Commissioner Scurlock understood that they have about $770,000 built up and Director Davis said that is the amount allocated for the north leg, the westbound leg of the twin pairs. Commissioner Scurlock estimated that, historically, about a half million is allocated per year into that fund and since Mr. Brodie's proposed railroad bridge project is over 7 million, even in ten years you only have 5 million to do a 7 million dollar job, and no money to do anything else. Chairman Bird anticipated a report from staff and we will be discussing this project in the future. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously directed Director Davis to write a letter to the DOT and get an update on improvements to SR 60. HISTORIC RESOURCES ADVISORY COMMITTEE Commissioner Wheeler reviewed the following: 43 MAR 2 6 1991 P©or 8 PA[ 1045 r t1I R 26 1991 BOCK March 21, 1991 TO: BOARD OF 'COUNTY COMMISSIONERS FROM: Gary C. Wheeler, Chairman Historic Resources Advisory Committee The Historic Resources Advisory Committee was created by Resolution 90-155 in October, 1990. I am requesting that the following people be appointed to serve on that committee: TERM E:;PIRATION Gary C. Wheeler, Chairman January, 1993 W. E. (Gene) Roddenberry January, 1994 Anthony J. Donadio January, 1993 George B. Reyes January, 1994 Millie Bunnell January, 1993 The terms will be for two years thereafter. Resumes are on file in the County Commission office if you wish to review them. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously appointed the persons listed above to serve on the Historic Resources Advisory Committee for the terms set out. P4GE14 There being no further business to come before the Board, on motion duly made, seconded and carried, the meeting adjourned at 10:30 o'clock A. M. ATTEST Clerk Chairman 44