HomeMy WebLinkAbout7/16/1991BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JULY 16, 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 - Rev. John Harrington
Christ United Methodist by the Sea
3. PLEDGE OF ALLEGIANCE - Comm. Gary C. Wheeler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
I. Transportation Disadvantaged Appointment
2. Panda Energy Natural Gas Cogeneration Facilitr N
3. Ad. Hoc Fire Committee Report
4. Resolution appointing PAAB members and providing
per diem compensation .for same.
5. PROCLAMATION AND PRESENTATIONS
Adoption and Presentation of Third Quarter 1991 Safety Award
(memorandum dated July 9, 1991)
6. APPROVAL OF MINUTES
Special Meeting of 7/3/91
7. CONSENT AGENDA
A. Received and placed on file in the office of Clerk to
the Board: Report of Convictions - month of June, 1991
B. Occupational License taxes collected during month of
June, 1991
(memorandum dated July 5, 1991)
C. Release of Utility Liens
(memorandum dated July 8, 1991)
D. Accept resignation of Alberta Platt & appoint Annie
Grace Foster to Parks & Recreation Committee
(letter dated July 8, 1991)
JUL 16 1991
JUL 16 1991
BOOK 83 FAuE. aO
7. CONSENT AGENDA (continued):
E. Accept resignation of R. Stephen Pate & appoint
Deborah J. Mayfield to Affordable Housing Advisory
Committee
(memorandum dated July 9, 1991)
F. Misc. Budget Amendment 043
(memorandum dated July 10, 1991)
G. Airmasters Remote Control Club License Agreement
(memorandum dated July 9, 1991)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Harry J. Bond - Heritage Village - Request to Speak
to the Board of County Commissioners
(letter dated July 3, 1991)
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
Approval of Purchase of Computer Work Station from
FP&L Grant Funds
(memorandum dated July 9, 1991)
C. GENERAL SERVICES
IRC Library System Policy & Procedures Manual
(memorandum dated July 9, 1991)
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
NonP
F. PERSONNEL
None
JUL 16 1991
11. DEPARTMENTAL MATTERS (continued):
G. PUBLIC WORKS
1. Dredging of 14th Street Canal
(memorandum dated July 9, 1991)
2. Road Resurfacing
(memorandum dated July 10, 1991)
H. UTILITIES
1. So. Co. Regional Wastewater Treatment Plant
Agreement for Engineering Services & Proposal for
Work Authorization No. 1
(memorandum dated July 5, 1991)
2. Radio Telemetry System for Lift Station
(memorandum dated July 5, 1991)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN GARY C. WHEELER
C. COMMISSIONER MARGARET C. BOWMAN
D. COMMISSIONER CAROLYN K. EGGERT
Children's Services Committee Report
(memorandum dated July 9, 1991)
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
1. Approval of Minutes - Meeting of 6/18/91
2. Approval of Minutes - Meeting of 7/2/91
BOOK
JUL 1619si
�^ r
t�u6 S1
BOOK t P,,�C C3Utd
14. SPECIAL DISTRICTS (continued):
C. SOLID WASTE DISPOSAL DISTRICT (continued):
3. Approval of Minutes - Meeting of 7/9/91
4. Bid Award: IRC 91-105 Chain Link Fence
(memorandum dated July 5, 1991)
5. Recycled Materials Contract for Purchase
(memorandum dated July 3, 1991)
6. Recycled Materials Contract for Purchase
(memorandum dated July 3, 1991)
7. Recycled Materials Contract for Purchase
(memorandum dated July 1, 1991)
8. Closure of Segment I Landfill Final Pay Request
(memorandum dated July 2, 1991)
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, July 16, 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 16, 1991,
at 9:00 o'clock A. M. Present were Richard N. Bird, Chairman;
Carolyn K. Eggert, Margaret C. Bowman and Don C. Scurlock, Jr.
Absent was Gary C. Wheeler, Vice Chairman, who was on vacation.
Also present were James E. Chandler, County Administrator; Charles
P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk.
The Chairman called the meeting to order.
Rev. John Harrington, Christ United Methodist By The Sea, gave
the invocation and Commissioner Gary C. Wheeler led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
County Attorney Vitunac requested the addition of a Resolution
appointing PAAB members and providing per diem compensation for
same.
Commissioner Eggert requested the addition of the following:
Item 13 , D, 2 , regarding Panda Energy Natural Gas and Item 13,D,3, Ad
Hoc Fire Committee Report.
Later in the meeting Commissioner Bowman requested the
addition of an item on Transportation Disadvantaged appointment.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
approved the above additions to the agenda.
BOOK.
JUL 16 J99
83 FAa
16 199'
BOOK ,.
P4fE db5
PROCLAMATION AND PRESENTATIONS
The Board reviewed the following memo from Risk Manager Beth
Jordan dated July 12, 1991:
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel Director
FROM: Beth Jordan, Risk Manager
DATE: 12 July 1991 COPY'
SUBJECT:uarterl Award
y Safety A and
Staff requests Board consideration at the regularly scheduled July
16, 1991, meeting for presentation of the Third Quarter 1991 Safety
Award to John Guiliano, Building and Grounds Division.
Mr. Guiliano has worked over 9 1/2 accident -free years with the
County. His consistently pleasant, helpful manner is one of his
most visible attributes and is often commented upon by staff. From
a risk management viewpoint, however, his attitude reflects an even
greater concern not only for his own safety but also for those who
work with him. Mr. Guiliano directed and participated in major
office relocations such as the North County Library, Main Library
and Public Health Unit buildings. He planned these labor-intensive
moves with great care given toward the safety of his staff which
usually included unskilled workers. He utilized safety equipment
as needed and designed some of his own aids to make equipment, not
workers,• carry heavy, awkward loads. He even made certain any
rental equipment used had adequate insurance coverage.
It is with great pride that we nominate Mr. Guiliano for this
public recognition of his accomplishments.
Chairman Bird presented the Third Quarter 1991 Safety Award to
John Guiliano and echoed all the accolades and commented that
John's pleasant personality is visible everyday.
2
"•'}�. S IF` +s .v; '�l. f,.'.,�, . / �,G.A v ':. .'7 mt+
_ et et_:rliitl�aI 1m Abe a /l_til �/±dAceArts i.7.01Vi .Cliady.e 2h14 -A%1 ren A 4n�fylriei'1
INDIAN RIVER CO UNTY
VERO BEACH, FLORIDA
Obis is to rertifg that
John Guiliano
is
bertha presented tits
Ottfe#u Awath
for outstunbtng stroke and safe performance to
Third Quarter, 1991
outfits mm bailor '4
224.671/Cre /Ma
Board Chairman Birk onager
is 91
t•iG�i: w�7 5+Wrr ea
-:i
`-',�' :1�•`r'H-",R t +:,'��.`: �'; VS�r *•YY t t5 .t...• ^°iny, C �',a�.,..t� .,.•
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of July 3, 1991. There were
none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Minutes of the Special Meeting of July 3, 1991,
as written.
3
JUL 16 i9g1
s 4^; �
EOOK J f�,uE S )U
j i1 IS
BOOK 83 FA.E 86
CONSENT AGENDA
A. Reports
The following was received and placed on file in the office of
Clerk to the Board:
1. Report of convictions for the month of June, 1991
B. Occupational License taxes - Month of June, 1991
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
accepted the following report from Tax Collector
Morris on the Occupational License Taxes collected
during May of 1991.
MEMORANDUM
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
SUBJECT: Occupational Licenses
DATE: July 5, 1991
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $1,368.88 was collected in occupational license
taxes during the month of June, representing the issuance of
128 licenses.
C. Release of Utility Liens
The Board reviewed memo from Lea Keller, CLA, dated July 8,
1991:
4
TO: Board of County Commissioners
FROM:
DATE: July 8, 1991
RE: CONSENT AGENDA - B.C.C. MEETING 7/16/91
RELEASE OF UTILITY LIENS
ea R. Keller, CLA, County Attorney's Office
I have prepared the following lien related documents and request that
the Board authorize the Chairman to sign them:
1. Releases of Special Assessment Liens from
RIVER SHORES in the names of:
BURDA
BAMONTE
. Release of Special Assessment Lien from
SUMMERPLACE in the name of:
DELLA-CIOPPA
3. Releases of Special Assessment Liens from
STATE ROAD 60 PROJECTS in the names of:
COUNTRYSIDE/REALCOR (Lots 144 and 149)
CHAMPION HOME COMMUNITIES/HERON CAY
4. Release of Special Assessment Lien from
ROCKRIDGE SEWER PROJECT in the names of:
PEOPLES & REYNOLDS
5. Release of Special Assessment Lien from
NORTH BEACHES A -1-A WATER MAIN EXTENSION PROJECT
in the name of:
FOUNTAIN
6. Satisfactions for Payment of Impact Fee Lien
Extensions in the names of:
RIGHTON
HUDSON .
• Additional back-up information is on file in the County Attorney's
Office.
5
JUL 16 199
BOOK 83
Fi �C. LJJ...,1
JUL 1 T1`6' 91
POOK
3 F'AF 859
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
authorized the Chairman to execute the above -listed
Releases of Special Assessment Liens and
Satisfactions for Payment of Impact Fee Lien
Extensions.
COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
D. Parks and Recreation Committee Member Replacement
The Board reviewed letter from Walter M. Jackson, Acting
President of Gifford Progressive Civic League dated July 8, 1991:
'GIFFORD PROGRESSIVE CIVIC LEAGUE
Vero Beach, Florida.32967
July 8, 1991
Mr. Dick Bird, Chairman
Recreation Committee
Indian River County
Vero Beach, Florida 32960
Dear Mr". Bird:
'Please accept this letter as the official request to place
ANNIE GRACE FOSTER on the Parks.and:'Recreation Committee of
Indian River County as the replacement for Mrs. Alberta
Platt, who has.rmoved out of the area. You may correspond
with Mrs. Fbster.at:. 4366 27th Avenue
Vero Beach, FL 32967.
Phone: 569-2106 (home)
770-5531 (work)
Please call me at 562-6501 if you need further information
;concerning this matter.
IYours truly,
6 •
Ltad-4,041///
(]/Walter M. Ja son,
President (Acting)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
appointed Annie Grace Foster to the Parks and
Recreation Committee of Indian River County as
replacement for Alberta Platt.
6
E. Affordable Housing Advisory Committee Member Replacement
The Board reviewed memo from Commissioner Carolyn K. Eggert,
Chairman of Affordable Housing Advisory Committee dated July 9,
1991:
MEMORANDUM
TO: Board of County Commissioners
FROM:
Commissioner Carolyn K. Eggert, Chairman tA
Affordable Housing Advisory Committee
DATE: July 9, 1991
SUBJECT: Affordable Housing Advisory Committee
I request that we accept the resignation of R. Stephen Pate
with regret from the Affordable Housing Advisory Committee and
appoint in his place Deborah J. Mayfield, Vice President of
Residential Real Estate of Barnett Bank. Thank you!
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
accepted the resignation of R. Stephen Pate with
regret and appointed Deborah J. Mayfield to the
Affordable Housing Advisory Committee as his
replacement.
F. Miscellaneous Budget Amendment 043
The Board reviewed memo from OMB Director Joe Baird dated July
10, 1991:
7
a 16 1991
BOOK 83 f ',.E 8 a 0
JUL 16 1991
BOOK 83 DLE 871
TO: Members of the Board
of County Commissioners
DATE: July 10, 1991
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 043
CONSENT AGENDA
THROUGH: Joseph A. Ba'
OMB Director
FROM:
Irene Lewis
Budget Analyst
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. This entry is to allocate State Aid Grant funds from April 1, 1991 to
' September 30, 1991 for the Main Library and the North County
Library. • •
The entry is to allocate funds to cover the Special District Fee required
by the State of Florida.
In the meeting of June 18, 1991 the Board of County Commissioners
authorized the purchase of the "Oslo Road Property".
Appropriate funding for Treasure Shores Park construction as approved by the
Board of County Commissioners on June 11, 1991.
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 043, as recommended by
staff.
8
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
FROM: Joseph A. Baird
OMB Director
Entry ; 1
I
Number! Funds/Department/Account Name 1
1
1
1. REVENUE
GENERAL FUND ,
State Library Aid
1
EXPENSE i
GENERAL FUND/Main Library
Regular Salaries
1
1
1
1
1
,
,Other Salaries
!Social Security Matching
Retirement
Ins. -Life & Health
Worker's Compensation
Soc. Security Medicare
All Office Supplies
NUMBER:
DATE:
043
July 19. 1991
REVISED
1
1 1
Account Number 1 Increase 1 Decrease
001-000-334-710.
001-109-571-011.
001-109-571-011.
001-109-571-012.
001-109-571-012.
,001-109-571-012.
,001-109-571-012.
1
001-109-571-012.
001-109-571-035.
1001-109-571-035.
1001-109-571-035.
1001-109-571-035.
1001-109-571-035.
1001-109-571-035.
1001-109-571-038.
i
1
1001-112-571-011.
1001-112-571-011.
1001-112-571-012
1001-112-571-012
1001-112-571-012
1001-112-571-012.171$
1001-112-571-034.211$
1001-112-571-034.72$
1001-112-571-035.111$
Matching!
i
Other Operating Supplies
Books
Subscriptions
Microforms
Audio Visual
Youth Programming
GENERAL FUND
North County Library
!Regular Salaries
Social Security Matching
Retirement
Insurance-I;ife & Health
Worker's Compensation
Soc. Sec. Medicare -Matching
Postage
Outside Printing
All Office Supplies
EXPENSE
00.$ 188,283
121$ 23.619
13!$ 6.936
i
i
111$ 1.894
12!$ 5,191
1315 7.7_.5
14!$ 239
17 $ 443
11,$
29!$
451$
461$
i
i
471$
i
48; S .
i
19!$
i
1
i
1
121$
131$
.111$
.13!$
.141$
0
0
S
0
S
0
0
0
$
0
0
5.000,$
2.0001$
69.61615
0
0
0
2,500
0
6.000
0
20.000
0
2.000
0
20-3321$
1,2601$
3,293!$
6,1341$
1161$
2951$
2001$
1,0001$
2,5001$
1 ,
0
0
0
0
0
0
0
0
0
GENERAL FUND
2. ,Reserve for Contingency
' XPENSE
;GENERAL FUND/Soil & Water Con.
;Dues and Memberships
'JR 1.6i99
1001-000-581-099.911$
01$
350
,001-118-537-035.421$
350,$
9
Budget Amendment: 043
Page 1 of 2
.BOOK
Jlit161991
1
BOOK 83 FA 0 i
Entry
Number Funds/Department/Account Name
3. ,EXPENSE
;LIBRARY CONSTRUCTION
!Fund Transfer Out
Account Number ! Increase , Decrease
i
Construction in Progress
Furniture and Equipment
Fund Transfer Out
REVENUE
!322-109-581-099.2115 650.000 S 0
!322-109-571-066.51!$ 0!$ 650.000
!322-112-571-066.411$ 0
!322-112-581-099.21!$ 167.368
1
1
S 167.368
0
GENERAL FUND
Fund Transfer In
001-000-381-020.00
$ 967,000
0
EXPENSE
M.S.T.U.
Fund Transfer Out
Reserve for Cbntingencv
GENERAL FUND/Parks
Land
1 1
1
!004-199-581-099.21!$ 149.632
!004-199-581-099.91
$
0
S 0,$ 149.632
4.
EXPENSE
!001-210-572-066.114 967.000 $ 0
GENERAL FUND
Fund Transfer Out
,Reserve for Contingency
;M.S.T.U.
!Fund Transfer Out
;Reserve for Contingency
;TREASURE SHORES PARK
;Construction in Progress
'REVENUE
001-199-581-099.21!$
,001-199-581-099.91!$
;004-199-581-099.21
1004-199-581-099.91
1311-210-572-066.51
85.000 $ 0
0,S 85.000
$ 85.000 $ 0
S 0 $ 85,000
$ 170.000 $ 0
;TREASURE SHORES PARK
!Fund Tra sfer In
`
!311-000-381-020.00!$ 170.0004
G. Airmasters Remote Control Club License Agreement
The Board reviewed memo from Assistant County Attorney Will
Collins dated July 9, 1991:
TO: The Board of County Commissioners
FROM: 1,1 Li William G. Collins II - Assistant County Attorney
DATE: July 9, 1991
SUBJECT: Airmasters Remote Control Club License Agreement
The Parks and Recreation Committee on June 4th recommended extension of
the one-year license agreement between the County and the Airmasters
Remote Control Club for flying remote control model airplanes at the Indian
River County Fairgrounds property.
The agreement provides that the County may terminate upon 30 days' written
notice and that the licensee has the option to renew on a year-to-year basis
by providing 60 days' written notice of intent. Other provisions of the
orignal license agreement have been carried over into this agreement.
RECOMMENDATION:
Authorize the Chairman to execute the license agreement to extend the
Airmasters Remote Control Club permission to utilize the County fairgrounds
for remote control model airplane flying.
10
0
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
authorized the Chairman to execute the license
agreement to extend the Airmasters Remote Control
Club permission to utilize the County fairgrounds
for remote control model airplane flying, as
recommended by staff.
SAID LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
PUBLIC DISCUSSION ITEM
HARRY J. BOND - HERITAGE VILLAGE
The Board reviewed memo from Assistant Director of Utility
Services Harry Asher dated July 10, 1991:
DATE:
TO:
THRU: TERRANCE G. PINTO
DIRECTOR OF UTIL SERVICES
FROM: HARRY E. ASHER.�/
ASSISTANT D TOR OF UTILITY SERVICES
SUBJECT:
JULY 10, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
HARRY J. BOND - HERITAGE VILLAGE - REQUEST TO SPEAK
TO THE BOARD OF COUNTY COMMISSIONERS
On July 8, 1991, Mr. Terrance Pinto, Director of Utility Services,
spoke with Mr. Harry J. Bond of Heritage Village concerning his
request to speak to the Board of County of County Commissioners at
their meeting on July 16, 1991, regarding the "difference in what
the Commissioners said at the March 12, 1991, Board of County
Commissioners' meeting and the interpretation of the Heritage
Village Mobile Home Park Owners." Mr. Bond's complaints are
concerning "forced connection to County Utility System."
Heritage Village of Vero Beach, Inc., entered into the Heritage
Village Water and Sewer Franchise with Indian River County on
September 25, 1974, in County Resolution No. 74-78. Section 20
(Page 12) of that franchise resolution states as follows:
"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; provided, however, that within sixty (60) days from the
time of the adoption of this resolution, the Owner shall file
with the Board its written acceptance of this franchise and all
of its terms and conditions and provide further that if such
acceptance is not filed within the time specified, then the
provisions of this franchise shall be null and void."
11
JUL 16 1991
BOOK
JUL 16 19911
BOOK
P4E d,
After proper notification and subsequent negotiations, an Agreement
to effect the connection of Heritage Village, as set forth in the
Franchise Agreement, and payment of impact fees was submitted to the
Board of County Commissioners and approved on March 26, 1991. On
April 1, 1991, the owner of Heritage Village Mobile Home Park,
American Retirement Communities Partnership (ARCP), paid in full the
water and sewer impact fees for the 436 units as set forth in the
Agreement.
-I have reviewed the minutes of the March 12, 1991, meeting (copy
attached) as to specific reference to required connection and refer
to the following as taken from the March 12, 1991, minutes:
Page 34, Paragraph 6:
"Commissioner Scurlock asked for an explanation of the
concept of mandatory hookup.
Director Pinto stated that our ordinance does not say
"mandatory" anywhere in the ordinance; the word "mandatory" is
not used. However, it does say that upon notification by the
Utility or by the County you may be required to connect. What
that means is that if you, at a previous time, by contract,
have agreed to connect -- an example would be a developer in
Indian River County who, in order to build a temporary
facility, signed a contract with the County saying when the
facility became available they will connect, or someone who has
reserved capacity -- they would be notified and be required to
connect to the system. There is another area where, if there
is a problem or a threat to the health and welfare of the
community, then, through the Health Department, those causing
the violation may be required to remedy the problem by
connecting to the system. It is very important, however, to
understand that even though the Health Department may require
you to hook up to the system, you must reserve capacity,
because capacity may not always be -available."
Page 35, Paragraph 2:
Commissioner Scurlock stated, "Our intent is and our
future procedures, the same as our past, will be that only
those who have reserved capacity in the system or have
contractually entered into an agreement with the County
requiring connection will be forced to connect."
It has been the Department's policy to require connection where
there was a contractual requirement to connect set forth in an
Agreement between the Developer and Indian River County. This
policy was in compliance with the Board of -County Commissioners'
direction to connect as many of the individual package treatment
plants to the Indian River County regional utility system as
possible, to eliminate the possible sources of water pollution.
The Department believes that it has followed the contractual
requirements to connect set forth in the Franchise Agreement between
ARCP and Indian River County, and has followed the Board of County
Commissioners' direction in requiring those developments who have
contractually entered into an Agreement with the County to connect.
The Department believes Mr. Bond's misunderstanding relates to
lindividual/single lot required connection vs. the contractual
requirements as set forth in the Heritage Village Franchise
Agreement.
12
Chairman Bird recognized Mr. Harry J. Bond's request to speak
to the Board of County Commissioners.
County Administrator Chandler briefly recounted the history of
the franchise agreement with the original owner of Heritage Village
in 1974, which included the requirement to connect to the County
water and wastewater system when it became available. This
agreement was consistent with County policy over the years whereby
we attempted to eliminate package treatment plants.
Harry J. Bond, 328 Heritage Boulevard, representing the home
owners of Heritage Village, came before the Board to address the
matter of impact fees in Heritage Village Mobile Home Park. He
wanted to clarify the confusion or misconception regarding the
impact fees which the park owners were passing on to the park
tenants, claiming it was a government -mandated fee.
Commissioner Scurlock understood the agreement was that the
County allowed a temporary franchise to be issued to the park with
the condition that when a County system became available the park
would hook up to that system, and this contract was entered into
voluntarily by the original owners of Heritage Village Mobile Home
Park. Since it was voluntary on the part of Heritage Village, Mr.
Scurlock felt, in his opinion, there was no mandate involved and
invited the County Attorney's legal opinion.
County Attorney Vitunac advised we certainly do not have a
mandate for individual homeowners now in the County to connect
except under unusual circumstances. In this particular case the
mobile home park is required to connect because, by contract, they
said they would and the County has done certain things in reliance
on that so right now the park is mandated to connect. Mr. Vitunac
felt the crux of the mobile home owners' problem with the mobile
home park owner is whether the mobile home park owner had any
option in 1974 when he signed that contract. In other words, if it
was voluntary in 1974, that is the time period that would be
critical in any lawsuit to determine who must pay the impact fee.
Mr. Bond clarified that the present owner is the fourth owner
in Heritage Village since 1974, and the original owner from 13 or
14 years ago is long gone.
Commissioner Scurlock emphasized that when the new owner
purchased the park he assumed all the rights and responsibilities
under the contractual relationship.
Attorney Vitunac added that in 1974 there were different
members on the Board of County Commissioners and there was not a
real utilities department.
13
'JUL 16
BOOK
4:-
f,„.i tip
JUL 16 MA
800K 83 F' GE
Commissioner Eggert asked if Mr. Bond understood the
difference between a contractual mandate voluntarily entered into
and a government mandate.
Attorney Vitunac suggested the problem is state-wide and needs
to be addressed in Tallahassee to have the law clarified. He said
the County can only enforce the contracts that were signed and in
reliance on which we have spent many millions of dollars.
Commissioner Scurlock said we are not sending -a bill to the
residents and this was confirmed by Attorney Vitunac.
Mr. Bond understood that the County is requiring a meter at
every unit.
Utility Services Director Pinto indicated there is a clause in
the contract which gives the County responsibility to maintain all
the lines within the park when they are brought up to County
standards, and to do that each individual lot will be metered.
However, the park owner is ultimately responsible for any
uncollectible revenues. Mr. Pinto also stated that the major
problem of loss of water can be solved only by individual meters to
each unit.
Mr. Bond directed the Board's attention to a statement where
Director Pinto says the Utilities Department is to service only
those who are requesting service.
Director Pinto identified the location of the comment Mr. Bond
was referring to, as well as comments by Commissioner Scurlock, in
the backup material. Director Pinto explained that the comment
regarding those who request service referred to individual homes
and is different from a situation where a temporary treatment plant
is built with the agreement that the maintenance of the facilities
will be taken over by the County along with the maintenance of all
internal lines.
Commissioner Scurlock quoted his previous statement from the
March 12 meeting: "Our intent is and our future procedures, the
same as our past, will be that only those who have reserved
capacity in the system or who have contractually entered into an
agreement with the County requiring connection will be forced to
connect." He stated that in this case there is a contractual
agreement by the original park owner to connect to the system.
Mr. Bond quoted from the March 12 meeting where Mr. Scurlock
addressed Mr. Allan who was representing a park at the north end of
the County, "Mr. Scurlock assured Mr. Allan that if he did not
desire service he would not be forced to hook up."
Commissioner Scurlock confirmed the quote and added that Mr.
Allan does not have a contractual agreement like Heritage Village
does. Commissioner Scurlock repeated the history of the agreement
14
with Heritage Village and reminded the mobile home owners in the
audience that when they moved into the park the owner indicated in
his sales brochures that he was providing water and sewer.
Commissioner Scurlock offered assistance by providing documentation
and minutes but stated that the bottom line is the mobile home
owners' contractual relationship with the mobile home park owner,
because our bill goes to the park owner and not to individual unit
owners.
Commissioner Wheeler asked why we would require each unit to
have a meter if the park owner is ultimately responsible for
payment.
Director Pinto said we are talking about two different bills.
The impact fee is directly with the owner of the park. The monthly
bills, while they will be sent to the individual units, the park
owner is ultimately responsible to pay them, and this is different
from the laws that govern outside this park. Our responsibility,
however, is for the lines inside the park.
Chairman Bird asked if there is a master meter.
Director Pinto responded that we are not connected at this
point but there is a master meter in the park. He felt there is a
danger in having a master meter in that, when there is leakage
inside the park, the park is paying for the total amount of water
and the cost is spread to all the people, even those who are
conserving water.
Commissioner Wheeler felt if we are responsible for the
internal lines and meters are not part of the contract, a master
meter should be installed and let the owner be responsible for
individual meters or for paying the entire bill.
Director Pinto said we could not be responsible for internal
lines without individual meters; they are necessary.
Chairman Bird inquired about what was included in the tenants'
monthly payment to the landlord, and Mr. Bond said it included
water and sewer, garbage removal and grass cutting along with
access to recreation facilities. Chairman Bird felt there is a
potential problem with the individual tenants receiving a bill and
how to get that money back from the landlord.
Commissioner Wheeler pointed out that the developers put both
the County and the tenants in the middle and it seems a Judge needs
to evaluate the situation.
Director Pinto agreed but cautioned against any revision of
the workings of a utility company to fix the problem.
Discussion ensued among the Board members concerning the
ability of park owners to pass throughimpact fees to the tenants
when the turnover rate of tenants averages seven to ten years while
15
JUL 16 1991
Boor 83 FAESTE' (d C
Fr-
JUL 16 l991
BOOK 83 PAGE 879
9
the life of the facility is virtually permanent, as well as the
fact that the problem is state-wide and should be solved in
Tallahassee.
Mr. Bond reverted to his original intent of clarification and
referred to the meeting of March 12 at which, in his recollection,
the Board stated it is not mandatory; nobody is being forced to
hook up.
Commissioner Scurlock corrected him and said he should read
the entire statement which reads that there is no requirement to
hook up unless there is a contractual agreement.
Mr. Bond felt they do have a mandate and the tenants are stuck
to pay it because, according to Section 723, a government -mandated
capital improvement is passed on to the individual home owner.
That is why he is before the Board, to get an opinion from the
County Commission on the letter of February 22 from Harry Asher
requiring the park owner to connect to the system. Mr. Bond said
the park owner was using that letter as the basis for passing the
charges on to the tenants.
Director Pinto explained that the letter is pursuant to the
requirement of the contract; the water and sewer is now available;
therefore, you will have to connect. The owner has agreed, they
have paid all the impact fees, their engineering is under way, and
they are going to connect to the system. Mr. Pinto advised
individual metering is more desirable to prevent paying for someone
else's water and to be able to control water that is unaccounted
for because of line loss. Mr. Pinto felt individual meters would
protect tenants.
Chairman Bird agreed but was concerned about how the tenants
are ever going to get reimbursed from the park owner.
Mr. Bond related a meeting with representatives of the park
owner when they absolutely refused to budge and based their whole
argument on the February 22 letter. Mr. Bond felt the letter gives
them a mandate to pass the charge on to the tenants.
Discussion ensued regarding individual meters versus master
meters and the pros and cons of each. It was suggested that the
County read the individual meters but send only one bill to the
park owner, and Attorney Vitunac advised that the Utility Services
Director has the power to do that under our local ordinance. The
ordinance says the best policy is for each customer to have his own
meter and pay his own bill but in certain circumstances, if the
director of the utilities finds it is in the public interest, he
can send the master meter bill and let the park owner worry about
collection.
16
Director Pinto advised that before we say yes or no we had
better look at that law.
Discussion ensued regarding the cost of individual meters.
Mr. Bond asked for a legal opinion from Mr. Vitunac in regard
to the sixty day notice which was sent to the park owner. Sixty
days has long gone by, and he wanted to know if it is still a legal
instrument.
Attorney Vitunac said it is still a legal notice to connect
pursuant to the terms of the contract that was legally entered
into; we are enforcing a contractual mandate. It is not a
governmental mandate pursuant to state law.
Mr. Bond accused the Board of giving Merrill Lynch, the owners
of the mobile home park, a license to blackmail every home owner
about four thousand dollars. He also pointed out that there are
117 widows in that park with no way to come up with this kind of
money.
Commissioner Scurlock read from a document handed to him by
Mr. Bond that the park owner had also sent out notices with payment
schedules and interest rates and indicating the home owners would
have to pay a pro rata share of construction costs.
Director Pinto advised that we cannot get involved in that.
He said the park owner is responsible to pay for their entire
connection, along with the responsibility and the cost of removing
the old plant and restoring that area.
Mr. Bond said every home owner also received three pieces of
paper with the different options, to be returned by September 1,
and indicating that it constitutes a lien against the home.
Commissioner Scurlock reiterated that the County has no
standing in the rift between the mobile home owner and the mobile
home park owner.
Mr. Bond placed the County in the middle because of the letter
which the park owner is using against the home owners.
Chairman Bird explained that the letter was legal notice that
it was time to connect. Commissioner Scurlock and Commissioner
Wheeler again said the issue should be decided by a Judge.
Mr. Bond asked if the only avenue left open to the home
owners, then, is to hire expensive lawyers and go to Court to get
a Court opinion. Commissioner Scurlock earnestly felt no Judge in
this land would allow the owners to pass the cost through to one
temporary tenant when the facility will be there for a long time.
Commissioner Wheeler asked about the state association of
mobile home owners providing funds for a class action suit and Mr.
Bond said they would provide matching funds for an individual park
17
JUL 16 1991 BOOK 3 FAuE
Fr
JUL 16 1991
BOOK 83 PAGE 8.91
but in the case of Heritage Village less than half the people
belong to the FMO because they don't feel it is worth ten dollars
a year.
John Grayson, 331 Heritage Village, asked Mr. Pinto if the
cost was appraised on square footage, as stated in the newspaper
articles. He further stated that each home owner only uses a 40'
by 80' piece of land, and they are being charged for the entire
park.
Mr. Pinto explained that it is a standard impact fee according
to a rate structure and has no bearing on the size of the land it
is sitting on, and Chairman Bird added the impact fee is the same
throughout the system.
Mr. Grayson addressed Attorney Vitunac and stated his
interpretation of "mandate" is something that cannot be objected
to; whereas a contract can be argued, a mandate is absolute.
Attorney Vitunac advised that mandate means that it is
required. Our mandate is by a contract entered into in 1974. As
to the question of whether that is the same type of mandate as the
new state law, that is a question for the Court.
Mr. Grayson objected to Mr. Vitunac's use of the word
"mandate" because in Section 723 it states a governmental mandate
will be paid by the tenants and asked for a change of wording on
that.
Attorney Vitunac said he would try not to use that word again.
Kenneth Roberts, 1455 90th Avenue, resident of Lakewood
Village and vice president of FMO for District Number 4, addressed
the question of influence in Tallahassee. He said that while
tenants were greater in number, they have one representative with
limited funds. The developers and owners use funds from rentals to
support several representatives both in Tallahassee and Largo and
are in constant touch regarding everything that comes up on 723,
and if they need more money they simply raise the lot rental.
Their arbitrary increase in rentals is blatant violation of 723,
and if the contractual requirement is not a government mandate,
then passing the charges on to the tenants is also a violation of
723 and should not require a lawsuit. If a person is caught
speeding, he is given a citation and ordered to cease and desist,
and Mr. Roberts felt the same should apply to mobile home park
owners who violate the law; they should be ordered to cease and
desist. Furthermore, if you park in a parking lot, you are not
charged for blacktopping the whole lot; similarly, in a mobile home
park, the tenants should not have to pay the full price for a
facility they will use only for a short time and which will last
18
well into the future. He concluded by stressing this is not a
mandated agreement and the home owners should not have to pay it.
The Chairman determined that no one else wished to be heard
and closed the public hearing.
The Chairman recessed the meeting briefly at 10:20 o'clock
A. M. and reconvened the meeting at 10:30 o'clock A. M. with all
members present.
COMPUTER WORK STATION FROM FP&L GRANT FUNDS
Department of Emergency Services Director Doug Wright made the
following presentation:
TO: Board of County Commissioner•
FROM: Doug Wright, Director
Department of Emergency Services
DATE: July 9, 1991
SUBJECT: Approval of Purchase of Computer Work
Station from FP&L Grant Funds
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
On August 21, 1990, the Board of County Commissioners approved the
Florida Power & Light Radiological Emergency Preparedness Agreement
through the Florida Department of Community Affairs in the amount of
$46,039. The grant funds are used for radiological planning,
ingestion pathway activities, sheltering, exercises, training, and
evacuation route washdown as relates to the St. Lucie Nuclear Power
Plant in the event a release should occur at the facility.
The Agreement also provided for $5,000 to purchase and install a pump
for the washdown area on I-95. After further consideration and
treview, it has been determined that the well would not be feasible at
..this location and alternative methods of water supply are being
''studied.
During negotiations with FP&L representatives in Tallahassee on June
,20, 1991, for the 1992 agreement, FP&L agreed to provide funds to the
county for a full time position with salary and benefits on a
°.continuing basis to handle the radiological emergency planning for
the county effective October 1, 1991. Since the individual would
'require a computer work station, FP&L agreed to purchase the
equipment for $2,200 out of the funds in the current agreement which
were to be used for the water pump.
A letter dated June 25, 1991, has been received from the Department
of Community Affairs approving the purchase of the computer work
station.
19
rjut 16 IcIt
��cla FAr
: 1991
BOOK 83 F'A6E 3
ALTERNATIVES AND ANALYSIS
It is respectfully requested that the Board authorize staff to
purchase a Quicksilver 386-25 CPU workstation with two drives, 4 meg
Ram, keyboard, and a VGA monitor for $2,200 from Computer Media
Associates as sole source since they are the franchise dealer for
Quicksilver computer equipment. The Department of Emergency Services
utilizes only this brand of computer equipment with the exception of
one IBM computer which is over five years old. This will provide for
continued uniformity in equipment and preclude an additional
maintenance contract after the warranty period expires.
RECOMMENDATION
Staff recommends the Board approve the capital equipment purchase of
a computer workstation with FP&L Grant funds in the amount of $2,200
on a sole source basis for reasons relating to maintaining uniformity
of equipment.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the capital equipment purchase of a computer
workstation with FP&L Grant funds in the amount of
$2,200 on a sole source basis, as recommended by
staff.
IRC LIBRARY SYSTEM POLICY AND PROCEDURES MANUAL
The Board reviewed memo from Department of General Services
Director Sonny Dean dated July 9, 1991:
DATE: JULY 9, 1991
ATO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H,T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY LIBRARY SYSTEM
POLICY AND PROCEDURES MANUAL
BACKGROUND:
In order, to accommodate the public and to insure uniform handling of
their needs in the libraries, staff has compiled a Policy and
Procedures Manual. The manual is divided in two sections; Policy -
'library staff dealing with the public and Procedures - library staff
rules and regulations as related to their duties. The primary
purpose is to provide instruction to our employees in their workplace
:.and to facilitate the handling of anticipated problems that may arise
during working hours. •
20
ANALYSIS:
The Public Library Advisory Board (PLAB) has reviewed and approved
the policies as submitted. The procedures have been designed by this
writer and the Library Directors. We feel they are sufficient at
this time and can be revised as needed.
`RECOMMENDATIONS:
Staff recommends approval of the Indian River County Library System
Policy and Procedures Manual.
Commissioner Eggert stated that, except for a few grammatical
things, they stand on their own.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Indian River County Library System Policy and
Procedures Manual, as recommended by staff.
COPY OF SAID MANUAL IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
DREDGING OF 14TH STREET CANAL
The Board reviewed memo from Public Works Director James Davis
dated July 9, 1991:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Dredging of 14th Street Canal
DATE: July 9, 1991
DESCRIPTION AND CONDITIONS
During the June 11, 1991, meeting of the Board of County
Commissioners, staff was directed to resurvey the 14th Street
Canal Dredging Project area and decide if there is an ability to
remove material under the regulatory permits to provide a 5' deep
channel.
On Thursday, June 27, 1991, the County Surveyor resurveyed the
-canal area where the County's dredging project was performed.
The results of the survey are as follows:
Date of survey June 27, 1991, 9:00 AM - 12:00 AM
Average Elevation NGVD Average Water
(mean sea level) Depth
Top of Hard Top of Hard
Silt Bottom Silt Bottom
Begin Dredging
STA 11+00 (25' wide) - 3.20 - 5.15
STA 12+00 (35' wide) - 3.65 - 4.70
STA 13+00 (30" wide) - 2.68 - 4.11
STA 14+00 (30' wide) - 3.2 - 5.9
STA 14+40
End Dredging 21
JUL 16 1991
4.35 6.3
4.80 5.85
4.12 5.45
4.54 7.24
BUCK 83 F';,:;E ,�
JUL 1 '1'99t
36
BOOK ) FADE
* A copy of the survey drawing is on file in the Board of County
Commissioners Office.
On the date of the survey, tides were approximately 0.5' above
previous survey dates. • On three dates when surveys were
conducted, the tide range was approximately 0.6'.
The County's contract required that a 5.0' elevation (NGVD 1929
datum) channel be constructed•with a 0.5' tolerance allowed. The
channel was to have a 30' - 40' bottom width and 2:1 side slopes.
The channel as currently existing has a low water depth of
approximately 3.2' at top of silt and 5.0' at hard bottom and a
high water depth of 4.0' at top of silt and 5.8' at hard bottom.
Prior to dredging, the water depth was 0.2' to 0.9'. As
currently dredged, the channel is navigable.
There appears to be a layer of silt approximately 1.8' deep
between elevation 3.5' and 5.0'. The silt is a soft consistency
that will not support the weight of an average person. It is
possible that pre -dredging surveys did not adequately define the
entire silt layer and that much of the silt is in suspension near
the bottom of the canal. It is probable that agitation from the
suction dredge placed this fine silt material in suspension
during the dredging operation and after dredging, it began to
settle.
During the dredging, the contractor had difficulty getting the
dredge into the project area and he dredged portions of the
channel west of Station 11 to reach site #2'at the mouth of the
canal.
ALTERNATIVES AND ANALYSIS
The County Attorney and Public Works staff has reviewed the
contract language and we are of the opinion that the County staff
did accept the project as complete in November, 1990. The
one-year warranty provision in the contract specifically pertains
to "mechanical and physical defects, breakage, and other damages
and failure, under normal operation". This warranty clause
pertains to mechanical'equipment or structures, and is a standard
condition in all Public Work project contracts. The Attorney's
Office and Public Works staff do not interpret.this paragraph as
a one-year guarantee that a dredged area remain at a certain
depth for a one-year period. Staff did inspect the work in
October and November, 1990, and certified that work was complete
at that time.
Permit Status
Both the U.S. Army Corps of Engineers Permit and
Florida D.E.R. Permits are active permits and if
additional dredging is desired, new permits at this
time are not required.
RECOMMENDATIONS
Staff is of the opinion that the canal and that portion of the
Indian River within the project limits has been dredged
sufficiently to allow navigation of small craft that can navigate
beneath the Indian River Boulevard Bridge. Prior to dredging,
theT-e was almost no water depth at the mouth of the canal (0.0'
to -0.2' elevation).
If additional dredging is requested, no additional permits are
required. Staff would suggest that the installation of 6 or 8
daybeacons (estimated cost $4,800 - $6,400) to mark the existing
channel would be a preferable option.
22
1®qrD
41.
N
•••••
-- -5
0-40
r..
• I.R. BLVD. .
BRIO E
116•1
0+00
/4th STREET CANAL
PROF/LE .
. WATER LINE
L.
M C•••
y..
•
2+00
4+00
1
6+00
PERMIT 31 15 6 18 3 4
1
10+00
ft,14AI A
12+00
•
.t
JUL 161991
BOOK 83 837
Public Works Director Jim Davis had prepared a videotape
showing the County rodman walking in the canal. Director Davis
felt the videotape demonstrates a definitive channel which is
navigable and which boats in the area can use without any problem.
He also mentioned that the permits are still active allowing
maintenance dredging to be performed through 1994/1995.
Chairman Bird suggested watching the video, during which Mr.
Davis narrated. When the videotape reached the point of Station
12.50, Mr. Sabonjohn asked to have it stopped and stated that this
area is where he contends the dredging was not done properly. Mr.
Davis indicated that the rodman was outside the channel. Mr.
Sabonjohn insisted that it was only ten feet from shore.
Chairman Bird asked if dayglow beacons would be helpful to
mark the channel, but Commissioner Scurlock did not want to set a
precedent by installing beacons when developments in other areas
pay for channel markers.
Mr. Sabonjohn reiterated his interpretation of depths and
variations during high and low tides. He also demonstrated with
two mason jars filled with water and silt that one type of silt is
soft and does not settle while the other is more difficult to shake
up. He also brought a boat engine propeller to demonstrate the
damage done to it by the shallow channel.
After considerable discussion and debate the Commission
indicated their belief that the original contractor basically did
the job as prescribed.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously found
that the canal and that portion of the Indian River
within the project limits has been dredged
sufficiently to allow navigation of small craft
which can navigate beneath the Indian River
Boulevard Bridge.
Chairman Bird thought we should decide if we want to go back
and do more dredging. Mr. Sabonjohn argued that the initial survey
says that channel was not there and the current survey says that
channel is not there. Chairman Bird responded that the Board was
approving staff recommendation.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously agreed to
take no further action in this matter.
24
ROAD RESURFACING
The Board reviewed memo from Public Works Director James Davis
dated July 10, 1991 with attached list:
TO:• James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Road Resurfacing
DATE: July 10, 1991
DESCRIPTION AND CONDITIONS
Attached is a list of roads the Public Works Department
recommends for resurfacing.
Old Dixie 4000' widen 6' _$32,800.
Highland Dr. - 15 St. SW
Old Dixie 3843 (less turn lane) $22,125.
5 St SW - So. Relief Canal
7 P1 1000' $ 3,300.
11 P1 - 10 Ave.
CR 512 7900' Widen 6' $59,650.
125 Ave - I-95
We have approximately $125,000. in our Paving material
Account 111-214-541-035.31.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
resurfacing of roads as listed above and as
recommended by staff.
SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT AGREEMENT FOR
ENGINEERING SERVICES AND PROPOSAL FOR WORK AUTHORIZATION NO. 1
The Board reviewed memo from Utility Services Environmental
Engineer Robert Wisemen dated July 5, 1991:
25
JUL 16 1991
BOOK 83 FA[E 83
JUL i •111
BOOK 83 FAGS 8S0
DATE:
TO:
JULY 5, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO\Q
DIRECTOR OF UTILI Y RVICES
STAFFED AND
PREPARED BY:
SUBJECT:
ROBERT O. WISEMEN, P.E. f/'
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT
AGREEMENT FOR ENGINEERING SERVICES AND PROPOSAL FOR
WORK AUTHORIZATION NO. 1
IRC PROJECT NO. US -90 -20 -DC
BACKGROUND:
On January 29, 1991, the Board of County Commissioners authorized
the Department of Utility Services to conduct negotiations and to
proceed with an agreement with the selected firms, based upon the
negotiations.
ANALYSIS:.
Negotiations with Camp Dresser and McKee Inc. (CDM Inc.), the first
choice firm for the subject services, have been completed. The
Standard Form of Agreement between Owner and Engineer for
Professional Services has been submitted to the County for approval.
Work Authorization No. 1 includes preliminary engineering design,
final design, bidding services and contract administration during
construction, resident project representative, permitting
assistance, and additional engineering services, such as
geotechnical investigation, surveying, aerial photography and
landscape architecture for the design and construction of the South
County Regional Wastewater Treatment Plant, with the proposed site
location at the South County R.O. Water Treatment Plant.
The agreed-upon lump sum fee for preliminary
engineering design:
The total in permitting services to obtain
F.D.E.R., $t. Johns River Water Management
District, and E.P.A. permits, as necessary
(based on 280 work hours), together with
the unforeseen permitting services, on an
as -needed basis, with an upper limit cost
of $20,000.00:
The total in additional engineering services
(geotechnical, surveying, aerial, and
landscaping), together with the unforeseen
-additional engineering services, on an as -needed
basis, with an upper limit cost of $10,000.00:
$57,770.00
42,490.00
36.500.00
Upper Limit Subtotal: $136,760.00
26
The estimated consulting compensation fee for the project, in this
work authorization, shall be based on an FmHA percentage of total
construction cost.
Based on a percentage of the estimated
construction cost of $4,500,000.00, the design
services fee will total: $285,750.00
Resident project representation fee, based on
a percentage.of the estimated construction cost:
• Subtotal:
Upper Limit Total:
106,875.00
$392,625.00
$529,385.00
This figure will be adjusted when firm construction costs are known.
All fees shall conform to FmHA guidelines.
RECOMMENDATION:
The Department of Utility Services recommends approval of the
agreement and Work Authorization No. 1 with Camp Dresser and McKee
Inc. for the estimated fee stated above. •
MOTION WAS MADE by Commissioner Scurlock, seconded by
Commissioner Eggert, to authorize the Chairman to execute the
Agreement and Work Authorization No. 1 with Camp Dresser & McKee,
Inc.
Under discussion, Commissioner Scurlock wished to note the
upper limit total is $529,385.00. The uniqueness of this site is
the fact that we have our water plant and we're not really giving
credit for the fact we might not have to acquire land, and there is
a saving there, too.
Administrator Chandler noted that this is consistent with our
master plan with one exception; the original master plan did not
necessarily contemplate the RO plant site because when the master
plan was originally put together we were looking at GDU; so that's
the only deviation.
Commissioner Eggert was concerned about the phrase, "all fees
shall conform to FmHA guidelines." Since this is not a Farmers
Home project is it possible that fees could be lower? Do we always
have to conform to Farmers Home guidelines?
Director Pinto explained that all the fee structures are
higher than Farmers Home guidelines and we do negotiate fees but we
included that phrase to make the consultant aware there are areas
in there that he's prohibited from exceeding. The Farmers Home has
a rather good guideline.
After discussion the Commissioners agreedthey depend on staff
to negotiate the best fees and perhaps percentages should be
27
JUL 16 X991
EOOK 83 FA:;E 8
0
jut_ j6 '99
ROOK 3 1
mentioned rather than just the phrase, "all fees shall conform to
FmHA guidelines."
THE CHAIRMAN CALLED FOR THE QUESTION
It was voted on and carried unanimously.
SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
RADIO TELEMETRY SYSTEM FOR LIFT STATION
The Board reviewed memo from Utility Services Director Terry
Pinto dated July 5, 1991:
DATE:
TO:
JULY 5, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
6(2')
ERV
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI ICES
STAFFED AND
PREPARED BY:
SUBJECT:
ROBERT 0. WISEMEN, P.E.JJ
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
RADIO TELEMETRY SYSTEM FOR LIFT STATION
INDIAN RIVER COUNTY RFQ NO. 91-56
BACKGROUND:
On May 14, 1991, the Board of County Commissioners approved to award
the bid for the SCADA system to Data Flow Systems, Inc. (see
attachment). The contract between Indian River County and Data Flow
Systems, Inc., has been drawn and prepared by the staff and agreed
upon by the authorized corporation representative.
ANALYSIS:
The attached contract describes the initial purchase and
installation of a complete radio telemetry system (SCADA). It
includes central site equipment, station data, FCC radio license
with 2 RTUs, and performance and payment bonds based on the lump sum
price of $41,060.00, as approved. For the future purchase of the
unit and spare parts, the staff has arranged a protection price
program for the County, as is explained in the attached signed
letter, dated June 8, 1991 (Exhibit B).
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve this contract and authorize
the Chairman to issue the Notice to Proceed to the Contractor.
28
Commissioner Eggert asked for clarification on the budgeted
costs as opposed to actual costs. Administrator Chandler explained
the final cost is for two units plus the base system and this final
cost exceeded the amount we budgeted for four units by $3,000.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
contract with Data Flow Systems for the purchase and
installation of two Remote Terminal Units (RTUs) for
a total amount of $41,060.00 as recommended by
staff, per award of Bid 91-56 approved May 14, 1991.
SAID CONTRACT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
RESOLUTION APPOINTING PROPERTY APPRAISAL ADJUSTMENT BOARD MEMBERS
AND PER DIEM COMPENSATION
The Board reviewed memo from Assistant County Attorney Will
Collins dated July 15, 1991:
TO: The Board of County Commissioners
FROM: wt William G. Collins II - Assistant County Attorney
DATE: July 15, 1991
SUBJECT: Resolution Appointing Property Appraisal Adjustment Board
(Value Adjustment Board) Members and Providing for Per
Diem Compensation for Property Appraisal Adjustment Board
(VAB) Members
Pursuant to Chapter 194, Florida Statutes, the Board is advised to:
1. Appoint by Resolution three members of the Board to serve on the
Property ,Appraisal Adjustment Board (VAB) for 1991 with two
•
alternates.
2. Provide by resolution for per diem compensation to the Property
Appraisal Adjustment Board (VAB) members. The amount of such
compensation is established by statute if the Board of County
Commissioners and the School Board of Indian River County elect to
allow such compensation. Since the School Board appoints two members
to the Property Appraisal Adjustment Board (VAB) , two-fifths of the
expenses of the Board are borne by the School Board and three-fifths
by the County Commission. An appropriate resolution is attached for
your approval.
The Clerk to the Board has determined that the School Board appointees to
PAAB/VAB and the Property Appraiser and his attorney, Mr. Jackson, are
available for an organizational meeting on Friday, July 19, 1991 at 9:30 a.m.
in the first floor conference room.
29
JUL 16 199
BOOK• 83 FM E 802
JUL i6 199i
BOOP( 83FAL (Pr'
RECOMMENDATION:
1. Appoint Board members and alternates.
2. Approve the attached Resolution.
3. Set organizational meeting for July 19, 1991 at 9:30 a.m. in the first
floor conference room.
Commissioner Eggert volunteered to be a member and announced
she would be at the organizational meeting; Commissioner Bowman
stated there was a conflict in her schedule which would be remedied
by scheduling the meeting at 9:00 rather than 9:30. Chairman Bird
volunteered but also had a conflict with the time of the meeting.
Attorney Collins said he would reset the meeting for 9:00 a.m.,
barring any major conflicts with School Board Members.
Commissioner Scurlock and Commissioner Wheeler would serve as
alternates.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution No. 91-77 appointing the 1991 Property
Appraisal Adjustment Board (Value Adjustment Board)
members and Providing for Statutory per diem
Compensation.
RESOLUTION NO. 91-77
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPOINTING THE 1991 PROPERTY
APPRAISAL ADJUSTMENT BOARD (VALUE
ADJUSTMENT BOARD) MEMBERS, AND PROVIDING
FOR STATUTORY PER DIEM COMPENSATION.
WHEREAS, the Board of County Commissioners is
required to appoint three members to the Property Appraisal
Adjustment Board (VAB) by Florida Statutes, Section 194.015;
and
WHEREAS,• the School Board of Indian River County
has appointed its membership to the Board without providing
for allowance of per diem compensation for such members in
accordance with Florida Statutes, Section 194.015 (1989);
and
WHEREAS, the cited statute requires a specific
election from both the County Commission and the School
Board in order to allow such compensation,
30
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida, that:
1. The foregoing recitals are hereby ratified and
acknowledged;
2. Richard N. Bird, Margaret C. Bowman, and
Carolyn K. Eggert are appointed to the 1991 Property
Appraisal Adjustment Board (VAB) with Don C. Scurlock, Jr.
and Gary C. Wheeler as alternates; and
3. The above-named members of the 1991 Property
Appraisal Adjustment Board (VAB), or their duly authorized
replacements, may receive per diem compensation for services
provided on the board as allowed by law for State employees,
pursuant to the above cited statute.
The foregoing resolution was offered by,
Commissioner Carolyn K. Eggert who moved its adoption. The
motion was seconded by Commissioner Margaret C. Bowman and,
upon 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 Resolution No.
91-77 duly passed and adopted this 16th day of July, 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By / //612—.
RTc arWif. Ti rd,, CFiaTrman
31
JUL 16IS
t )i
BOOK ;� F,�6E dJ4
JUL 16 i99
BOOK 83 f'AGE 895
Resolution #91-27
BE IT RESOLVED BY THE SCHOOL BOARD OF INDIAN RIVER
COUNTY, FLORIDA:
That, Gary Lindsey and Joe N. Idtette, Jr. are hereby appointed to
serve on the Property Appraisal Adjustment Board on behalf of Indian
River County for 1991.
BE IT FURTHER RESOLVED that the members of the Board or their
respective replacements shall receive such per diem compensation as is
allowed by law for stale employees. This provision shall be effective only
upon the Board of County Commissioners of Indian River County, Florida
passing a similar resolution; the two resolutions combined shall have the
effect of an election by the two bodies to allow for compensation as
provided by law (Chapter 194, Florida Statutes).
DONE this'20th day of November, 1990 by the Indian River County
School Board in open and regularly scheduled meeting at Vero Beach,
Florida.
Gene' 1Vaddell, Chairman
I, Gary W. Norris, Superintendent of Schools and as Secretary of
the Indian River County School Board, hereby certify the foregoing to be a
true and correct copy of a resolution regularly adopted by the School Board
of Indian River County, Florida at the annual organizational meeting of
said Board on the 20th day of November, 1990 -as per Minute Book No. 24,
32
11-(V /1-1-
(—Dr.
—Dr. Gary W. orris
Sup&'ftendent and Secretary
TRANSPORTATION DISADVANTAGE COORDINATING BOARD — APPOINTMENT OF
HENK TOUSSANT
The Board reviewed letter from Vocational Rehabilitation
Supervisor Karen Johnson dated June 28, 1991 and memo from Veterans
Service Representative Vince McCann dated July 11, 1991:
STATE OF FLORIDA
DEPARTMENT OF LABOR ANI) EMPLOYMENT SECUR1T1'
Division of Vocational Rehabilitation
1860 U.S. P1, Suite 3 • Vero Bench, Fl 32960-4766
Telephone: 407-778-6348/6349
June 28, 1991
Commissioner Margaret C. Bowman
Board of County Commissioners
1890 25th St.
Vero Beach, Florida 32960
To Whom It May Concern:
I have recently been appointed to a new position in the Ft. Pierce
area within Vocational Rehabilitation.
I will not be able to continue my duties as a board member on the
Transportation Disadvantaged Committee in Indian River County. A
new Vocational Rehabilitation counselor will be starting around
July 1st. He will be taking over my responsibilities on this
board and will be at the next meeting on July 18th at 2:30 p.m.
I have enjoyed working with all of you and I will continue to be
involved with this committee, hopefuly in the Martin County area.
Sincerely,
•
Karen E. Johnson
VR Supervisor
DATE: July 11, 1991
To:
FROM:
Commissioner Margaret C. Bowman, Chair
Transportation Disadvantage Coordinating Board'
Indian River County Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
C. Vincent Mc Cann Jr. -
Representative Florida Department of Veterans Affairs
Veterans Service Office
Indian River County
Vero Beach, Florida
SUBJECT: Agency Representative Alternate Selection
REFERENCE: Transportation Disadvantage By -Laws
Section 108 Paragraph #7
It is the recommendation made by this agency representative that
Henk H. Toussaint be selected as the designated alternate
to serve in my place should I be absent. In accordance with
Transportation Disadvantage By -Laws approved January 17, 1991.
33
JUL 16199
BOOK 8,3 r,\i,E. U,JC
JUL 1S21
BOOK 83 FACE e
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the appointment of Henk Toussant as alternate to the
Transportation Disadvantage Local Coordinating
Board, as recommended by Vince McCann.
CHILDREN'S SERVICES COMMITTEE REPORT
Commissioner Eggert reviewed the following:
TO
• • Board of County
Commissioners
DATE: July 9, 1991
SUBJECT:
FILE:
Children's Services
Committee Report
FROM: Carolyn K. Eggertea REFERENCES:
Chairman, Children's
Services
At its meeting on June 20, 1991 the members of the
Children's Services Committee recommended to the Board of County
Commissioners the following items for approval:
1. A tentative September election date for the straw
ballot to determine if the voters wish to have up to
1/2 mill put aside in the General Fund for children's
services that are not currently being funded in Indian
River County. These services would. be in addition to
those we now have and would be determined by the
results of our needs assessment and by application or
proposal for funds.
2. After School Recreation Position Report
The increase to $10 has enabled us to cover the
cost of .the program as we are able to identify it.
Gary Norris, School Superintendent, says there is no
cost for use of the school because 1) we are
government, 2) the school buildings are open and 3) the
cost to identify those costs is greater than anything
that can be realized from it. However, the number of
students availing themselves of the program has
decreased.* Staff has found that 5th grade and students
in the "middle American" range have dropped out. When
school starts, extra care will be taken at Orientation
to explain the program and sign up children. Figures
on student -teacher ratios will follow. The Committee
recommends that the After School Program continue at
the same fee level.
34
Commissioner Eggert further explained the Children's Services
Committee was trying to schedule the straw ballot in September
rather than November because of the Land Acquisition Committee's
referendum on the November ballot. They felt with two such
questions on a single ballot the voters might just say no to both
items.
Discussion ensued resulting in a recommendation to the
Children's Services Committee that the preference of the Board is
to have the straw ballot in November.
Commissioner Eggert led discussion regarding the after-school
program with the Board indicating concurrence in extending the
program for another year and placing appropriate amounts in the
budget.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
extending the After -School Program for another year
and allocating the funds in the budget.
Commissioner Wheeler asked whether this would eventually be
picked up by the School Board. Administrator Chandler said there
is dialogue periodically. Commissioner Eggert agreed there is
dialogue, but with the severe financial conditions in education,
they are looking to shed programs, rather than take on more.
PANDA ENERGY NATURAL GAS FUELED COGENERATION FACILITY
Commissioner Eggert believed each Board member had talked to
Panda Energy and realized they are negotiating with FP&L and need
a letter of support.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved sending a letter signed by the Chairman
indicating the Commission's support of Panda
Energy's efforts in cogeneration for the County.
AD HOC FIRE COMMITTEE SUMMARY REPORT
Commissioner Eggert made the following presentation:
35
Jul 1. ;
83
BOOK f'..;E SOS
JUL 16
BOOK 8
15 J
tj
TO: Board of County Commissioners
FROM: Commissioner Carolyn K. Eggert, Chairman
County Fire Ad Hoc Committee
DATE: July 15, 1991
SUBJECT: County Fire Ad Hoc Committee
The members of the County Ad Hoc Fire Committee made the
following recommendations to the Board of County Commissioners at
its meeting of July 12, 1991:
1. That the budget and millage for A.L.S. and the three
fire districts be approved as presented.
2. That a "Resolution of Indian River County, Florida
creating an Indian River County Emergency Services
District Advisory Committee" be placed on an
upcoming agenda and approved. This committee would
be a consolidation committee effective on approval
that would take the place of the North and South
County Fire Districts' Advisory Committees. Its
memberships would be basically the same as the
current County Ad Hoc Fire Committee less Indian
River Shores.
Commissioner Eggert stated no motion was needed and further
reported that this item will be on the agenda when it is finalized
and ready for the Board's approval.
SOLID WASTE DISPOSAL DISTRICT
Chairman Bird announced that immediately upon adjournment the
Board of County Commissioners would reconvene sitting as the
District Board of Commissioners of the Solid Waste Disposal
District.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:10 o'clock A. M.
ATTEST
Clerk
36
Chairman