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HomeMy WebLinkAbout7/9/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 9, 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 11. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS a. Corirnr. Bowman req. the addn.under her matters of authorization to represent the Co. at the St.Johns River Water Mngmnt. Distr.Bd.meeting in Palatka. NO OTHER ADDITIONS 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Approval of Duplicate Tax Sale Certificate in the sum of $96.85, for Sam High B. Approval of Duplicate Tax Sale Certificate in the sum of $79.03, for Sam High C. Approval of Duplicate Tax Sale Certificate in the sum of $72.20, for Sam High D. Approval of Duplicate Tax Sale Certificate in the sum of $108.60, for Sam High E. Approval of Duplicate Tax Sale Certificate in the sum of $398.23, for Sam High No. 1095, No. 1096, No. 1074, No. 1427, No. 969, (See SWbb gooK Pot Jut► ► 314q i ‚e) Wons(5tto(' s . l�Yier "io E;UQK 8• Pt.,E )'.)1 J U L 91991 JUL 9 19 1 H _ A BOOK 83 FM,E.. RCONSENT 'AGEIIDA :tcontinued) ,_ T F. Received and placed on file in the office of Clerk to the Board: 1991 Public Facilities Report for the Vero Lakes Drainage District, a Florida Statute Chapter 298 District located within Indian River County, Florida G. Release of County Assessment Lien (memorandum dated July 2, 1991) H. Request for signature on Section 8 Annual Contri- butions Contract extension A -3409E (memorandum dated June 26, 1991) I. HRS request to lease space / IRC Health Clinic (memorandum dated July 1, 1991) J. Fire and Burglar Alarm Services (memorandum dated June 26, 1991) K. Request Authorization for County Attorney to Attend Upcoming National Institute of Municipal Legal Officers' Meeting (NIMLO) (memorandum dated July 2, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None 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 11. DEPARTMENTAL MATTERS (continued): E. OFFICE OF MANAGEMENT AND BUDGET Budget Hearing Schedule (memorandum dated July 2, 1991) F. PERSONNEL None G. PUBLIC WORKS 1. Program for Removal of Dead Australian Pine Trees from Private Property in IRC (memorandum dated June 25, 1991) 2. Request from contractor James Dupuis for a License Agreement to allow a concrete driveway within a county unpaved road right-of-way (memorandum dated June 24, 1991) (continued from 7/2/91 meeting) 3. IRC Bid #91-89 / 8th IR Blvd. North Phase 111 (memorandum dated July 2, 1991) 4. IR Blvd. Ph. 111 Construction Management and Inspection Services (memorandum dated July 2, 1991) 5. NPDES Group, Stormwater Application for Industrial Facilities (memorandum dated July 1, 1991) H. UTILITIES None 12. COUNTY ATTORNEY Grand Harbor Development Order - Paragraphs 43, 44 & 45 Relating to Disaster Preparedness (memorandum dated July 1, 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. JUL 91991 BOOK 83 Oa 91991 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT IRC Bid #91-99 / Stationary Conveyor (memorandum dated June 28, 1991) 15. ADJOURNMENT BOOK 83 FAaE 834 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, July 9, 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, July 9, 1991, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Margaret C. Bowman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Bowman later in the meeting requested the addition under her matters of authorization to represent the County at the St. John's River Water Management District Board meeting in Palatka tomorrow. There were no other additions requested. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved the above described addition to the Agenda as requested by Comissioner Bowman. CONSENT AGENDA Commissioner Scurlock requested that Item I be removed for discussion. A, B, C, D, & E - Approval of Duplicate Tax Sales Certificates ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the following Duplicate Tax Sale Certificates for Sam High: Certificate No. Certificate No. Certificate No. CertificateNo. Certificate No. JUL 9 1991 1095, in the sum of $96.85. 1096, in the sum of $79.03. 1074, in the sum of $72.20. 1427, in the sum of $108.60 969, in the sum of $398.23. BOOK b tj JUL 1199 BOOK 83 f],:i 83C F. Report Received and placed on file in the Office of the Clerk to the Board: 1991 Public Facilities Report for the Vero Lakes Drainage District, a Florida Statute Chapter 298 District located within Indian River County, Florida G. Release of County Assessment Lien The Board reviewed the following memo dated 7/2/91: TO: The Board of County Commissioners FROM: Nancy H. Mossali - County Attorney's Officet,.rL DATE: July 2, 1991 SUBJECT: RELEASE OF COUNTY ASSESSMENT LIEN I have prepared the following routine release of assessment lien form in connection with paving and drainage improvements to 87th Street in Vero Lake Estates from 102nd Avenue to CR -510 (Project No. 8226), and request that the Board authorize the Chairman to execute same: Tax I.D. No. 28-31-38-00006-0130-00001.0 Lot 1, Block M, Vero Lake Estates, Unit I In the names of: STUART GLOVER and LUCILLE GLOVER Back-up information for the above is on file in the County Attorney's Office. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the Release of Assessment Lien to Stuart Glover and Lucille Glover for Lot 1, Block M, Vero Lake Estates, Unit I, as recommended by staff. COPY OF SAID RELEASE OF ASSESSMENT LIEN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 2 H. Request for Signature on Section 8 Annual Contributions Contract Extension A -3409E The Board reviewed the following memo dated 6/26/91: TO: The Honorable Members of the DATE: Board of County Commissioners June 26. 1991 FILE: SUBJECT: Request for signature on Section 8 Annual Contributions Contract extension A -3409E FROM: Guy L. Decker, Jr. 'T REFERENCES: Executive Director Indian River Countv Housing Authority It is recommended that the data presented be given formal consideration by the County Commission. The Department of Housing and Uban Development has forwarded four (4) copies of the Annual Contributions Contract (ACC) which have been amended to extend the term of the ACC and to provide additional budget authority. 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 A3409E of the Annual Contri- butions Contract for the Housing Certificate 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 the contracts for transmittal to the Jacksonville office of HUD. COPY OF SAID CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 3 J U L 91991 BOOK 83 FA;E OJ q JUL 9 199t BOOKz C5.JU I. HRS Request to Lease Space at IRC Health Clinic The Board reviewed memo from General Services Director Dean: DATE: TO: THRU: FROM: SUBJECT: JULY 1, 1991 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI S HRS REQUEST TO LEASE SPACE INDIAN RIVER COUNTY HEALTH CLINIC BACKGROUND: The District Office of Health Rehabilitative Services, District 9, has requested to lease five offices in the new Health Clinic. This is a total of 430 square feet. Dr. Berman has recommended the lease and feels he will not need the space for the next two to three years. ANALYSIS: We are presently leasing space to other governmental entities at the rate of $9.00 per square foot which includes all utilities with telephones and cleaning service. I have proposed a rate of $8.75 per square foot to them without telephone service. They are required to use the HRS telephone system. RECOMMENDATIONS: Staff recommends leasing 430 square feet of office space to HRS, District Nine, at a rate of $8.75 per square foot or $3,762.50 annually. The lease will be for two years and contain a sixty day notice by either party to terminate. Commissioner Scurlock was just concerned that we make it absolutely clear that this is a temporary arrangement as these things seem to tend to become permanent. Administrator Chandler stated that we have made it emphatic- ally clear that this most. He noted that space at no expense, ing the money we had is a short term situation - 2/3 years at the they first approached us about using the but we didn't think that was fair consider - in that facility. There is a verbal understanding about this being a temporary arrangement, but perhaps we can put it in writing. Commissioner Eggert noted that this lease has a 60 day termination notice. She further noted that she is on the Interim Task Force concerned with redistricting Mental Health District No. IX, and by October 1st they have to present how they feel social services should be handled for the four northern counties 4 - Palm Beach is being split off; so we may see some changes and there should be more local control. Chairman Bird asked if the services HRS plans to provide are closely enough related to those provided in the County Health Clinic to necessitate them being in that building. He is con- cerned that we are leasing part of a county building to them at a very attractive rate when he knows there is a lot of privately owned vacant space out in the community that our taxpayers would love to rent, and unless there is a service they offer that is directly related and needs to be in close proximity, he would just as soon they go out and rent space in the open market. Commissioner Wheeler commented that he would just as soon see us get market value for this space. Director Dean advised that the HRS services are not directly related to the services offered in the building now; this is something Dr. Berman came to us with. This is part of the local HRS that is now located in a building across from Scotty's on 27th Street, and they have run out of space. Chairman Bird realized they have a space problem, but he would just as soon they go to some privately owned space before we start filling up our county building with them. Commissioner Eggert pointed out that these offices are standing empty, and she felt it is better for us to get something for them than nothing. Administrator Chandler confirmed the building was designed so that this is growth space which would be sitting there vacant. Commissioner Scurlock commented that he actually concurs with what everyone has said, but he does have a concern as to whether the approximate $9 per square foot proposed is a fair market value, especially as it includes utilities and cleaning service. He also felt if the rent was closer to market, it would be more of an inducement for them to leave when the time came-. Discussion continued pro and con at some length with Commis- sioner Eggert expressing her feeling that there is some value to having people who are involved with fairly related needs all in one building, and Chairman Bird stressing that we do not want to undercut the private sector. JUL 9 ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously directed staff to renegotiate the proposed lease with HRS to reflect market conditions more adequately and bring it back to the Board. BOOK 83 F';:GE 8.3- Pr- JUL 9 199 J. Fire and Burglar Alarm Services BOOK 83 F' GE The Board reviewed the following memo dated 6/26/91: DATE: JUNE 26, 1991 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES SUBJECT: FIRE AND BURGLAR ALARM SERVICES BACKGROUND: All County properties with the subject services have been installed, maintained and monitored by Alarm Specialists of Vero Beach, Inc. This company was purchased and now is operating as U.S. Protective Services. We are in the process of up -dating the various agreements with proper information and name. There are not any changes in the terms or service offered on the new agreements. RECOMMENDATIONS: Staff recommends approval of the new agreements and requests authorization for the Board Chairman to execute the appropriate documents. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board approved new agreements for fire and burglar alarm services for the Main Library, the new Health Building, and Sandridge Golf Course, and authorized the Chairman to execute the proper documents as recommended by staff. SAID AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. Out-of-state Travel Approval for County Attorney The Board reviewed the following memo dated 7/2/91: 6 TO: BOARD OF COUNTY COMMISSIONERS e,E,6,u2;Nh FROM: Charles P. Vitunac, County Attorney DATE: July 2, 1991 RE: REQUEST AUTHORIZATION FOR COUNTY ATTORNEY TO ATTEND UPCOMING NATIONAL INSTITUTE OF MUNICIPAL LEGAL OFFICERS' MEETING (NIMLO) I respectfully request permission to attend the annual seminar of the national organization for city and county attorneys from October 27 through 30, 1991, in San Diego. Funds for this trip are included in our current budget. NIMLO is the most important meeting for governmental lawyers in the United States and the range of topics which will be discussed by the counsel who personally argued the cases will be similar to those shown on the attached sheet. I expect that this year the conference will pay special attention to the new cable television regulation rights of counties and cities and, as the attached announcement indicates, how cities and counties can better provide services in periods of shrinking government budgets. REQUEST: The Board authorize the County Attorney to attend the this conference. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved out-of-state travel for County Attorney Vitunac to attend the National Institute of Municipal Legal Officers' Meeting in San Diego from October 27-30, 1991. BUDGET HEARING SCHEDULE Administrator Chandler reviewed the following schedule: TO: Members of the Board of County Commissioners DATE: July 2, 1991 SUBJECT: BUDGET HEARING SCHEDULE - AGENDA FROM: Joseph A. Bair OMB Director Attached for your approval is the schedule of the 1991/92 budget hearings that will be held in the County Commission Chambers on Wednesday, July 17, 1991 from 9:00 a.m. to 3:30 p.m. L JUL 91991 7 BOOK 83 uu. J . • JUL 91991 INDIAN RIVER COUNTY 1991/92 BUDGET HEARING SCHEDULE WEDNESDAY - JULY 17, 1991 TIME BOOK 83 F'Ard 9:00 A.M. GENERAL OVERVIEW SESSION JAMES E. CHANDLER - COUNTY ADMINISTRATOR 9:15 A.M. TO 9:45 A.M. AGENCIES 9:45 A.M. TO 10:15 A.M. CONSTITUTIONALS 10:15 A.M. TO 10:30 A.M. BREAK 10:30 A.M. TO 11:00 A.M. GENERAL FUND 11:00 A.M. TO 11:15 A.M. MUNICIPAL SERVICE TAXING UNIT (M.S.T:U.) 11:15 A.M. TO 11:30 A.M. TRANSPORTATION FUND 11:45 A.M. FIRE DISTRICTS 12:00 P.M. TO 1:30 P.M. LUNCH 1:30 P.M. SOLID WASTE DISPOSAL DISTRICT (S.W.D.D.) 2:00 P.M. STREETLIGHTING DISTRICTS 2:15 P.M. VERO LAKES ESTATE 2:30 P.M. ENTERPRISE FUNDS 3:00 P.M. MISCELLANEOUS FUNDS CAPITAL PROJECTS 3:30 P.M. FINISH Administrator Chandler noted that the above schedule is similar to last years's, and he did realize that we may not be able to accomplish it all in one day. Commissioner Scurlock felt we should put everyone on notice to that effect so they could plan to make themselves available if we run late on our time schedule. Board members had no problems with the proposed schedule. 8 PROGRAM FOR REMOVAL OF DEAD AUSTRALIAN PINES FROM PRIVATE PROP. Board members reviewed memo from Public Works Director Davis and from Ron Brooks, Manager of the SWDD, as follows: TO: James E. Chandler, County Administrator FROM:' James W. Davis, P.E., , ( Public Works Director' 01" SUBJECT: Program for Removal of Dead Australian Pine Trees from Private Property in Indian River County DATE: June 25, 1991 FILE: trees.agn DESCRIPTION AND CONDITIONS The Public Works Department, Risk Management Division, and Solid Waste Disposal District has considered various alternative programs to reduce the cost of dead tree removal borne by private property owners due to the 1989/90 freeze. ALTERNATIVES AND ANALYSIS There appears to be four stages to the program as follows: STAGE 1 - Cutting Tree from Base and Cutting Remains in Small Pieces (4'-5' lengths) Neither County crews nor a County retained contractor should perform this work on private property due to the liability risks. Lack of OSHA required equipment, Worker's Comp. exposure, fall protection requirements, etc. are items that deter staff from recommending a County in-house operation. The recommended alternatives are: 1) Property owner remove tree and cut up into small pieces; 2) Property owner contract to have tree cut down and pieces sized. STAGE 2 - Remove Tree from Property Owner's Site to County Stockpile Site Neither the SWDD nor Road and Bridge Div. can comfortably provide pick-up and hauling services without detracting from other programs. At the present time, the Road and Bridge Division is projecting being over - budget on the fuel line item by Sept. 30, 1991 ($120,000 budgeted for year - $80,000 encumbered on April 30, 1991). Hauling this material will compound the overage. The recommended alternatives are: 1) Request the property owner to haul the material to • a designated County disposal site; 2) Property owner contracts with independent hauler to transport material to County disposal site. STAGE 3 - Stockpile Material to Dry Prior to Ultimate Disposal The County could provide two sites as follows: North County - Southeast corner or west section of Fairgrounds property South County - Marl Pit site at 74th Avenue and 4th Street. STAGE 4 - Ultimate Disposal The options are burning, chipping, or landfilling the dead tree material. If burning is considered, a trench type air curtain incinerator is the most easily permitted option. The air curtain can be rented for ..$2000.to $3000 per month. A Division of Forestry and DER permit will be required. If burning is considered, 9 JUL 919 BOOKF'.1��t e.j43 r JUL 91991 BOOK 83 P CE 844 it should be contracted out instead of the County renting and operating a trench type air curtain for the following reasons: 1) A contractor would probably be more efficient since their personnel would be already trained. 2) Lack of current staffing to manage and supply labor for the operation. 3) This activity is a high Worker's Compensation risk and specialized clothing and equipment is needed. A quotation was received from Inc. for a contractor to supply the material at a county site. $4,275 per week or $17,100 per and $2,000 per month for County $19,100 per month. Ross Meadows, Air Burners, labor and equipment to burn The cost is estimated to be month for outside services supervision for a total of The Solid Waste Disposal District recommends that the Australian pine trees be disposed of at the county landfill at a cost of $20/ton. In March -May, 1990, the County received dead tree material at a cost of $85,000. This equates to approximately $30,000/month. RECOMMENDATION AND FUNDING Staff does not recommend that the County participate in cutting dead trees and/or vegetation on private property nor hauling the material to a designated site. Staff prefers that all dead Australian pine trees be accepted at the county landfill at a cost of $20/ton. Funding at a not -to -exceed cost of $80,000 shall be from MSTU•Contingency Fund (approx. $400,000 available). DATE: TO: THRU: FROM: RONALD R. BROOKS, MANAGER SOLID WASTE DISPOSAL DISTRI JUNE 4, 1991 JAMES E. CHANDLER, COUNTY ADMINISTRATOR r9`??. TERRANCE G. PINTO, DIRECTOR SOLID WASTE DISPOSAL DISTR C SUBJECT: - REMOVAL OF DEAD AUSTRALIAN PINE In addition to the proposals suggested by Jim Davis in his memo- randum dated May 31, 1991, the SWDD staff has reviewed the land- fill operations and may suggest that the SWDD will be able to handle the disposal of the Australian pines if they are delivered to the landfill. The material would, however, be subject to the usual charge but that charge could be covered by funds similar to the situation approved by the Board of County Commissioners last year for the disposal of debris killed by the freeze. The mate- rial would then be incinerated, or if the Board approved the pur- chase of a large wood chipper, it could be chipped. Our current chipper operations only provide for the chipping or mulching of material less than 6 inches in diameter. Additional equipment capable of chipping logs or branches greater than 6 inches in di- ameter would be needed. The chipping operations could also be contracted, however, the SWDD may ultimately need the more envi- ronmentally approved chipper equipment instead of an incinerator, and now is as good a time as any to transition to that type of operation. This recommendation is contingent upon Australian pine trees be- ing the only items of concern. If you included Brazilian pepper trees, the landfill would be inundated with land clearing debris from undeveloped properties. 10 Commissioner Scurlock was not sure from the memo if staff is suggesting negotiating a contract with Air Burners, Inc., or bidding it out. Administrator Chandler advised that staff is just recommend- ing these trees go to the Landfill, and they only gave the Board this information to try to get a gauge on what the expense might be if we had it burned by an outside source. Chairman Bird asked if $20.00 a ton represents any discount, and was informed that it does not; it is the standard Landfill rate. Chairman Bird felt, in that case, we are not doing anything to encourage people to bring in these dead trees, but Administra- tor Chandler clarified that the incentive is that the fee would be waived for those persons and we would be picking up that expense. Commissioner Scurlock noted that, in other words, apparently the proposal is not to take this particular company and have them set up a burner at the Landfill but just whatever came in, we would handle ourselves with our burner, chipper, etc. Director Davis agreed and explained that if we decide to go to an outside source, we would go to a more formal bidding process. This was just a quotation to give us an idea of the cost involved in having a contractor come in and set up at one of the county sites to do the burning. Discussion continued as to what exactly was intended, and Chairman Bird asked about the possibility of doing a combined operation and opening up two locations to receive and burn this material. Possibly one location could be the Fairgrounds, and we still would have the ability to receive it at the Landfill also. Director Davis advised that we anticipated having two sites in the County if we were going to contract this out - one would be the Fairgrounds and another possibility is the 74th Avenue/4th Street site where the old marl pit used to be. He agreed that we could have the South County material hauled to the Landfill and the North County material to the Fairgrounds, but the big question with all this is that we don't know how much material we are going to receive. Commissioner Scurlock believed there is an existing chipper facility in the Gifford area. Director Pinto did not know anything about that, but advised that when the clearing was done in the area behind Marvin's Gardens, the developer brought in a temporary air burner. He felt what the Board may want to do if we are going to haul this material to an area outside the Landfill is let it stockpile and then bring the burner in later when we see how much we have. 11 JUL 91 , f BOOK JUL 9 `991 BOOK 83 FAGc Discussion followed about using the old mud bogging pit at the Fairgrounds for the burning, and Chairman Bird stated that he had hoped that we would have encouraged people to do this before this next winter season arrives. It was again stressed that the County is paying the $20 a ton Landfill fee and waiving it for the resident, and Adminis- trator Chandler pointed out this is similar to what we did after the last big freeze, except that we are limiting it to Australian pines, and he believed we will need publicity to make the public aware of this in order to accomplish anything. Commissioner Scurlock asked if we could notify the people who contacted us for assistance in some way or those who have citations, and Administrator Chandler agreed that we can notify those who have contacted us and Code Enforcement could do the same. Commissioner Wheeler asked if we couldn't have the whole county dump this material at the Fairgrounds which is a pretty central location. There is a lot of room to store there, and it may save us paying the Landfill $20 a ton. Commissioner Scurlock pointed out that you would end up with having more dumped there than just Australian pines, and Adminis- trator Chandler agreed that the Landfill would have better control over what is brought in because we wouldn't have someone at the Fairgrounds every day around the clock. Discussion continued regarding sites, costs, stockpiling, etc., and Commissioner Scurlock agreed with Commissioner Wheeler's suggestion to set up a central site and stockpile and then get someone to come in with an air curtain burner and do it all at one time. He felt the Fairgrounds would be the most appropriate location. Commissioner Bowman believed that it will be necessary to have someone there to see that the dead pines are stockpiled right, and Director Pinto agreed that the site will have to be supervised or they will just dump all over the place. Chairman Bird offered the idea that we could just open up a window for 30-60 days to see how much we get. Commissioner Scurlock suggested a Motion to contract this out, but to set up an education program and stockpile before we go to a contractor for a burner, the cost not to exceed $80,000, and if it turns out that the amount stockpiled will exceed the amount, then we can revisit this to consider future arrangements with a contractor. Chairman Bird pointed out that we will need someone to monitor this so we know when we are about to reach our $80,000 12 limit, and Director Davis advised that the estimated budget included $2,000 a month for supervision. Commissioner Scurlock wondered if we can contract out to do this for a lesser cost, why are we doing it any differently? Administrator Chandler reported that in the proposed budget we are looking at the acquisition of an air curtain incinerator for Public Works to handle and dispose of some of the county debris as opposed to taking it to the Landfill. Commissioner Scurlock then questioned whether the Landfill needs an air curtain burner. Director Davis advised that we have used a portable burner at the South County site, but it is a sensitive operation; you need experienced people and special clothing and the Workmen's Comp risk is quite high. He felt it is a safer operation at the Landfill. Commissioner Scurlock pointed out that if we contract out for that service, we do not have all those concerns. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously directed staff to set up an education program, go ahead and work out the details and bid this out as discussed; the site to be the Fairgrounds unless a better location can be found; and funding at a not -to -exceed cost of $80,000 from the MSTU Contingency Fund. REQUEST TO ALLOW CONCRETE DRIVEWAY IN COUNTY UNPAVED R/W (DUPUIS) CONTINUED FROM PREVIOUS MEETING Public Works Director Davis recapped that this matter was gone over in detail at the Board meeting of July 2nd, at which time this matter was tabled until it could be determined just how the driveway inspection was carried out. This now has been researched and is explained in the following memo from Director Keating: JUL 91991 13 a, P� EUOK. tj FuE �4 1 I JUS 91991 BOOK 83 P '6E 848 TO: James Davis, Director Public Works FROM: DATE: SUBJECT: Robert M. Keating, AICP' 'K Community Development Director July 8, 1991 DUPUIS DRIVEWAY INSPECTION Please be advised that I have discussed the Dupuis illegal driveway case with Building Division staff. Based upon my inquiries, I 'have found that the following occurred: On December 21, 1990, a building permit was issued to Donald Dupuis, as the general contractor, for James and Laura Dupuis as owners of the subject property at 1265 32nd Avenue, S.W. Construction then started, and various inspections were conducted over the next several months. On May, 16, 1991, the Building Division conducted a driveway inspection of.the subject property. Since the building inspector was sick on that date, this inspection was done by the mechanical inspector. Records show that the driveway was approved during the May 16th inspection;. however, as with all building division inspections, that approval related to only the portion of the structure on the property and not to any portion in the right-of- way. Because of the length of time since the inspection, the inspector was unable to recall the circumstances of the inspection, specifically whether or not the right-of-way portion of the driveway was 'formed when he did his inspection. However, the inspector has stated that no specific approval for the right-of-way portion of the driveway was given. Typically, building inspectors note on the inspection card that driveways are approved only to the property line. Also, building inspectors typically notify the engineering inspectors if driveways are formed -up in the right-of-way on unpaved roads or if any other unusual, and possibly illegal, construction .has occurred. For those reasons and the inter -departmental coordination that has occurred in.the past, county staff has been successful in ensuring that only legal driveways are built. Director Davis stressed that the sign off by the Building Inspector was only for the portion of the driveway on the private property. Commissioner Wheeler pointed out that James Dupuis is not a contractor but an owner/builder, and his father, who is a contractor, was just helping with the house. He further noted that Mr. Dupuis is not present today. Commissioner Eggert believed the permit was issued to Donald Dupuis, the father, and Director Keating confirmed that although you can issue a permit to an owner/builder, in this case the. building permit was issued to Donald Dupuis, who is a general 14 contractor, and the driveway permit also was issued to the elder Mr. Dupuis. Commissioner Wheeler did not see why this all could not be taken care of if later the owners would agree to remove the driveway at their expense. He did think this is a small inconvenience to the County and a Targe inconvenience to the property owners. He also believed the pictures Mr. Dupuis had submitted showed that there was a considerable distance between where this driveway ended and the grader route began, and he did not believe we mostly keep up our R/Ws in any event. Commissioner Scurlock felt the issue is that if you allow someone to build off their property site, there is a problem in- volved with administering and tracking this, and he believed we have literally thousands of driveways in this situation. If this is going to continue, possibly we should have a permit that requires an expansion joint in the driveway in the event it later has to be removed. Commissioner Wheeler noted that he is sensitive to the problems involved in living on a dirt road, and he continued to express his support for allowing the concrete driveway to remain in the R/W. Commissioners Scurlock and Eggert stressed that our limitation has been set; our policy was already established and known; and the limitation is the property line; and Director Davis advised that we do cut R/Ws - we have a mowing route similar to a grading route. Discussion then followed as to what the inspector should have done, and Administrator Chandler advised that procedure is pure black and white, and if the normal inspector had done the inspection, he would have called attention to the fact that something was formed up in the R/W. Commissioner Wheeler continued to express his belief that government should not be oppressive; that we err also and we should be more forgiving. Commissioner Eggert commented that if, as originally presented, it was an owner/builder who had received the permit instead of a general contractor, she would be more prone to agree. Chairman Bird believed that staff has made an attempt to be consistent with this, even putting a red stamp on the building permit to bring it to everyone's attention. It seems that we have a lot of exceptions out there that never got caught, but he believed we have been very consistent in how we deal with those we do have knowledge of. JUL 91991 15 BOOK 83 F'Ac 84 3U- 91991 BOOK 83 PAGE 850 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, Commissioner Wheeler voted in opposition, the Board by a 4 to 1 vote denied the issuance of a License Agreement to Mr. Dupuis and requested him to remove the pavement within the R/W. BID 91-89 - INDIAN RIVER BLVD. NORTH, PHASE III The Board reviewed memo from General Services Director Dean: DATE: TO: THRU: FROM: SUBJECT: JULY 2, 1991 HONORABLE BOARD OF COUNTY COMMISSIONERS JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI`C IRC BID #91-89/8TH INDIAN RIVER BLVD.NORTH PHASE III BACKGROUND: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION 1. Sheltra & Sons Indiantown 2. Belvedere Const. Vero Beach 3. Martin Paving Vero Beach 4. Ranger Const. Ft. Pierce' 5. Dickerson Stuart TOTAL AMOUNT OF BID: SOURCE OF FUNDS: ESTIMATED BUDGET: RECOMMENDATIONS: May 29, 1991 Eleven (11) Vendors Five (5) BASE BID ,ADDITIVE TOTAL BID ITEM $2,713,070.15 $ 2,919.00 $2,715,989.15* ALTERNATE A, $3,342,498.02 $11,676.00 $3,354,174.02 $ 8,221.85 $3,396,059.89 $ 9,730.00 $3,485,174.56 $ 7,589.40 $3,537,600.62 $3,387,838.04 $3,475,444.56 $3,530,011.22 $2,715,989.15 * Indian River Boulevard Construction and Progress $3,600,000 * The low bidder, Sheltra & Sons, did not use the revised bid form included in Addendum I therefore, failed to submit prices for two items. These being, tree removal and utility sleeves. The Company was contacted after this error was detected by Staff during the evaluation process. Sheltra acknowledge their omission and gave a 16 price of $3,500 for the removal and $24,320 for utility sleeves. If these prices were added to the base bid, Sheltra is still $610,364.90 lower than the next bidder. In view of the above and in accordance with Indian River Purchasing Manual Staff recommends the Board to waive this "technicality and/or irregularity" and award this bid to Sheltra and Son's for a amended total of $2,743,809.15. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously waived the above described "technicality and/or irregularity" and awarded Bid 91-89 for Indian River Boulevard North, Phase III, to Sheltra & Sons in the amended amount of $2,743,809.15. I.R.BOULEVARD PHASE III - CONSTRUCTION MANAGEMENT & INSPECTION SERVICES Public Works Director Davis reviewed the following: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director W FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Indian River Boulevard Phase III Construction Management and Inspection Services References: IRC Bid 91-89 DATE: July 2, 1991 • DESCRIPTION AND CONDITIONS Boyle Engineering Corporation is under contract with Indian River County to provide Construction Administration Services for the full twelve month construction period of Indian River Boulevard Phase III and full-time on-site Resident Inspection Services for the initial six months of construction when concurrent activities are expected to be intense. The 1986 budget price for Construction Administration Services, which provided for a Resident Inspector for the full twelve month construction period, was $97,110. In April 1991 -County Staff met with the Consultant to negotiate the Construction Services and the Consultant proposed compensation in the amount of $163,350. Staff was of the opinion that inspection services during the last six months of construction could be performed by County Staff and prepared an agreement with Boyle Engineering which included full-time on-site Resident Inspection Services for the initial six months of construction and contract administration services for the full twelve month construction period at a cost not to exceed the 1986 budgeted cost of $97,110, 17 JUL 9199 c= F; BOOK (3: J U L 9 1991 BOOK 83PAGE 004 The references obtained (copy attached) on the low bidder for this project, Sheltra & Son Construction Co. Inc., indicated that the County may need a full-time on-site Resident Inspector for the full twelve month construction period to insure a satisfactory project. RECOMMENDATIONS AND FUNDING If the Board of County Commissioners awards construction of Indian River Boulevard Phase III to Sheltra & Son Construction Co. Inc., staff request the Board's authorization to prepare an amendment to Boyle Engineering's contract for Construction Administration Services to increase full-time on-site resident inspection from the - initial six months of construction to the full twelve month construction period. Funding is to be from Fund 309 -Indian River Boulevard North. Commissioner Scurlock asked if $97,110 is the figure, and Director Davis noted that is the figure in the current contract; the total for the full twelve month construction period would be $163,350. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized staff to prepare an amendment to Boyle Engineering's contract for Construction Administration Services to increase full-time on-site resident inspection to the full twelve month construction period as recommended by staff. NPDES GROUP, STORMWATER APPLICATION FOR INDUSTRIAL FACILITIES Director Davis reviewed the following, explaining how this works: 18 TO: FROM: SUBJECT: RE: DATE: July 1, 1991 James E. Chandler County Administrator James W. Davis, P.E. Public Works Direct(' NPDES Group, Stormwater Application for Industrial Facilities Memo Jim Shipman, President of FACO, to County Administrators dated June 14, 1991 DESCRIPTION AND CONDITIONS The Environmental Protection Agency's new stormwater regulations require owners of industrial facilities (including open or closed landfills, vehicle maintenance and repair shops, and sewage treatment plants over 1.0 MGD,) to file a Stormwater Permit Application by September 30, 1991. FACO is sponsoring a "Group Application" for local governments in Florida. This group approach requires only 10% of the facilities to be sampled for stormwater pollutants instead of 50-100% if a facility does not participate in a group application. Indian River County has three Fleet Management facilities (including the Sheriff's facility and the landfill's shop), three landfills (one open, two closed), and three Wastewater Treatment Plants that will soon be over 1 MGD. The various cities, school districts, and other governmental agencies may also want to participate in the Group Application. A savings of as much as $10,000. per facility could result by joining the "Group". ALTERNATIVES AND ANALYSIS Since there is a direct cost savings by participating in the program, staff has identified the following alternatives. Alternative No 1 Authorize the Public Works Director to be the County contact person for all local governments in the County. Also, the County would join the FACO Group and include the nine facilities in the "Group EPA Application". The estimated cost for the Part 1 Application Phase would be $600.00 per facility or $5,400.00 total. The estimated cost for the Part 2 application is $1,000 -t3,000 per facility or $21,000.00 for all nine facilities. Funding would be from the responsible County Department (three from Solid Waste, three from Utilities, and three from the various Fleet Maintenance Divisions). Alternative No 2 Do not join the group. Estimated cost would be $9,000.00 for Part 1 ($1,000.00 per facility) and $20,000 - $25,000 per facility for Part 2 application. RECOMMENDATIONS AND FUNDING Alternative No 1 is recommended. Since various Departments are responsible, each individual Department would recommend funding at a latter date. 19 JUL 91991 m -- BOOK. 83 FA.6E. BOOK 83 FA uE Commissioner Scurlock complimented Mr. Davis on this suggestion as he felt it represents a pretty good savings to the county, and he hoped the State Association will pursue other endeavors such as this. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Alternative No. 1 as set out in the above memo dated July 1, 1991. GRAND HARBOR DEVELOPMENT ORDER - RE DISASTER PREPAREDNESS Asst. County Attorney Collins reviewed the following: TO: The Board of County Commissioners FROM: William G. Collins II - Assistant County Attorney DATE: July 1, 1991 SUBJECT: Grand Harbor Development Order - Paragraphs 43, 44 and 45 Relating to Disaster Preparedness The Development Order for Grand Harbor precludes certificates of occupancy in excess of 300 until arrangements are made for emergency evacuation. The attached agreement provides that River Harbor, Inc. make cash contributions in lieu of the shelter requirements, subject to the approval of the Department of Emergency Services. The agreement provides that River Harbor, Inc. will donate 1.1 acres of land at the northwest corner of the intersection of Indian River Boulevard North Extension and proposed 45th Street Easterly Extension for a future fire station and emergency services station. The County will have three years to construct the fire/EMS station, or the land would revert to River Harbor, Inc. upon a payment of $60,000.00. Additionally, River Harbor, Inc. will make a cash contribution of $90,000.00 in lieu of construction of shelter space, $50,000.00 before the 301st certificate of occupancy is issued and the balance of $40,000.00 to be paid prior to the 1,201st certificate of occupancy being issued, unless there is inadequate emergency shelters for 19% of the then existing Grand Harbor population two years from this date, in which case the final $40,000.00 would be due in two years. Attorney Collins confirmed that this agreement would satisfy the requirements under the D.O., and the attorneys for River Harbor, Inc. are holding a $50,000 cash payment in trust pending our approval of this agreement. Commissioner Eggert inquired where the people from Grand Harbor go for shelter now, and Emergency Management Director Wright advised that as of now they would go to a shelter south of Grand Harbor in the Vero Beach area. We plan with these funds to retrofit either Middle 6 or 7 School in this area and use that as a shelter in cooperation with the School Board. 20 Commissioner Scurlock had no problem with the Developer's Agreement but he was concerned that we track those improvements a little better as time goes by because he wants to make sure the cash amounts match with our plans. Director Wright advised that they originally proposed a lesser amount, and we negotiated with them to up that sum because of the amount of money it takes to buy the generator. Commissioner Scurlock noted that another concern he has is whether those 2 schools will be adequate in the long range to service both the surrounding community and Grand Harbor as it builds out. Director Wright informed the Board that we have had a model done and looked at the whole area in terms of flooding, etc., and we are satisfied we can provide for the public. Chairman Bird asked if Emergency Management is also satis- fied with the location proposed for the future facility, and Director Wright confirmed that it is a prime location for a station. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Resolution 91-76 authorizing execution of a Developer's Agreement with River Harbor, Inc., re disaster pre- paredness as discussed above. JUL 9 1991 21 BOOK 83 F'Avt J U L 9199 BOOK 83 PA�:,E 8c RESOLUTION NO. 91-76 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RIVER HARBOR, INC. REGARDING DISASTER PREPAREDNESS IN SATISFACTION OF DEVELOPMENT ORDER (RESOLUTION NO. 85-128, PARAGRAPHS 43 THROUGH 45). WHEREAS, the Development Order for Grand Harbor requires certain disaster preparedness steps be taken and in place prior to the issuance of any Certificates of Occupancy beyond 300; WHEREAS, the developer wishes to satisfy said condition of the Development Order through the execution of a Developer's Agreement with Indian River County; and WHEREAS, Indian River County has reviewed the proposed plan and it has been determined and accepted as adequate by the Indian River County Department of Emergency Services, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The above recitals are true and ratified. 2. The Chairman of the Board of County Commissioners is authorized to execute the Developer's Agreement attached as Exhibit "A" hereto. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Eggert , and, being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of July , 1991. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 22 By Rar ird i chi , Chairman JUL 9 1991' AN AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RIVER HARBOR, INC. ON DISASTER PREPAREDNESS WHEREAS, Indian River County approved a Development Order for the Grand Harbor Development of Regional Impact by Resolution No. 85-128 on October 23 1985 WHEREAS,, paragraphs 43, 44, and 45 of that Resolution No. 85-128 contained the disaster preparedness portions of the Development Order; WHEREAS, paragraph 43 of the Development Order sets the standard for emergency shelter which must be provided by the Grand Harbor development at build out; WHEREAS, paragraph 44 of the Development Order allows these shelter requirements to be provided through a cash contribution in lieu of the equivalent cost of such space if approved by the County; WHEREAS, the Grand Harbor development cannot proceed beyond 300 Certificates of Occupancy until the disaster preparedness paragraphs of the Development Order are satisfied; • WHEREAS, River Harbor, Inc. has proposed an equivalent cash contribution in lieu of provision of such space, which proposal has been reviewed and approved by the Indian River County Department of Emergency Services; and WHEREAS, River Harbor, Inc. wishes to proceed in its development beyond is 300th Certificate of Occupancy and Indian River County wishes to ensure that the conditions of the Development Order are satisfied: IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES THAT: 1. The above recitals are affirmed in their entirety. 2. River Harbor, Inc. will donate to Indian River County 1.1 acres of• land at the northwest corner of the intersection of proposed Indian River Boulevard north extension and proposed 45th Street easterly extension for a future fire station and emergency services station. (See attached Exhibit "A" - legal description and Exhibit "B" - survey.) 3. Indian River County shall see to it that the design of 45th Street and Indian River Boulevard have a centerline elevation of not less than the 100 -year flood plain elevation in order to guarantee compliance with Development Order paragraph 45. 4. The 1.1 acre fire station/emergency services station shall be conveyed to Indian River County by special warranty deed. 5. An appraisal of the present value of the 1.1 acre shal•I be prepared by the MAI firm of Armfield-Wagner, Inc. at kiver Harbor, Inc.'s expense to determine present value at the time of conveyance. 6. If Indian River County does not commence construction of a fire /EMS station within 3 years of the time of conveyance and if River Harbor, Inc. or its successor(s) in title pay to the County the value of the property as established by the appraisal mentioned in the 23 BOOK CEJ FAuEE Jc d� J U L 91991 BOOK 83 FAGE paragraph above, Indian River County shall execute a special warranty deed conveying the 1.1 -acre parcel back to River Harbor, Inc., or such other entity as River Harbor, Inc. shall designate. 7. In addition to the property dedicated pursuant to paragraph 2 above, River Harbor, Inc. agrees to make a cash contribution of $90,000.00 in lieu of construction of shelter space required by paragraph 43 of the Development Order (Resolution No. 85-128). 8. The first installment shall be of $50,000.00 and payable before Indian River County shall issue Certificate of Occupancy No. 301 to the Grand Harbor development. 9. Except as provided in paragraph 10 below, the balance of $40,000.00 shall be paid to Indian River County before the issuance of the Certificate of Occupancy number 1,201 to the Grand Harbor development. 10. Indian River County shall utilize the cash contribution for improving current shelter sites to accommodate Grand Harbor residents. Upon a date which is two (2) years following the date of the contribution referred to in paragraph 8 above, the Director of Emergency Services shall determine whether the capacity of the shelter being retrofitted via cash contribution to Indian River County is sufficient to shelter 19% of the then existing Grand Harbor population based on a formula defining adequate capacity as 40 square feet per person. In the event there is not sufficient capacity to shelter 19% of the then existing Grand Harbor population, the contribution referred to in paragraph 9 above shall be due and payable to Indian River County within sixty (60) days' written notice to River Harbor, • Inc. from the Director of Emergency Services stating that shelter capacity is insufficient. If the capacity of such shelter is sufficient to shelter 19% of the then existing Grand Harbor population at that time, paragraph 9 above shall apply to the payment due date of installment number 2. In consideration of the mutual promises and covenants listed above, the parties to this agreement hereby set their hand and seal this 9th day of July 1991. ATTESTi- ' Jeffr art a, Ci rk ness BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY; FLORIDA • By G� — Richard N. Bird.,` Chairman • ; RIVER HARBOR, INC. By 24 AUTHORIZATION TO REPRESENT COUNTY AT ST. JOHN'S (SJRWMD) MEETING Commissioner Bowman informed the Board that she would like permission to represent the County at the St. John's District Board of Directors meeting tomorrow in Palatka when they are going to be voting on the grant for the joint purchase of the property behind the Entomological Lab at the east end of Oslo Road. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board authorized Commissioner Bowman to represent the County at the St. John's District meeting described above. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board of County Commissioners will reconvene sitting as the District Board of Commissioners of the Solid Waste Disposal District. The Chairman further announced that there will be a meeting of the Solid Waste Disposal District during budget sessions on Wednesday, July 17, 1991, at 1:30 P.M. Minutes of the above meetings will be prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:50 o'clock A.M. ATTEST: JUL 9 99 Clerk Chairman 25 ROOK 8 .� FAGS 8as