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HomeMy WebLinkAbout7/23/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 23, 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 Charles P. Vitunac, County Jeffrey K. Barton, Clerk to * * * * * * * * * * * * * * * * * * * * * * * * 9:00 A.M. 1. CALL TO ORDER JUL 23.9 Administrator Attorney the Board * * * * * * *-*. 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird' 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS A. Preparation of Grant Application for Round Island Park loy Coattal Technology (Item 11',G,3) B. South: Beach Recreation Path Change Order (Item 11,G,4) 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of 6/18/91 7. CONSENT AGENDA A. Release of Utility Liens (memorandum dated July 16, 1991) B. Accept resignation of Karen E. Johnson from Transpor- tation Disadvantaged Committee (letter dated June 28, 1991) C. 1992 Holiday Schedule (memorandum dated July 11, 1991) D. Agreement - IRC and Clara & Hooshang Hooshmand - Temporary Water Service (memorandum dated July 10, 1991) E. Acceptance of Utility Easements in Turtle Cove Sub. (memorandum dated July 15, 1991) BOOK._. F'Auc • JUL 23 Mil BOOK 83 FACE 7. CONSENT AGENDA (continued): F. Request for Approval of Archaeological Resources Survey RFP (memorandum dated July 10, 1991) G. Bid 91-108 / Lab Equipment - Health Dept. (memorandum dated July 12, 1991) H. Authorize Mgmt. & Budget Dir. to do necessary amendments for balancing budget for 1990/91 fiscal year (memorandum dated July 16, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS Establishment of an Assessment for Street Lighting in Glendale Lakes Subdivision (memorandum dated July 15, 1991) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET Award of Recreation Bonds (backup will be provided at a later date) F. PERSONNEL None JUL 23 1 11. DEPARTMENTAL MATTERS (continued): G. PUBLIC WORKS 1. Request for Floodplain Cut and Fill Balance Waiver for Sandrift Subdivision (memorandum dated July 12, 1991) 2. Resolution to Provide for the Paving & Drainage Improvements to 101st Ave. from 87th St. to CR512 in Vero Lake Estates Subdivision (memorandum dated July 11, 1991) H. UTILITIES None 12. COUNTY ATTORNEY A. Local Pollution Control Program - General Agreement (memorandum dated July 10, 1991) B. Bond Resolution: 1991 Water & Sewer Revenue Bonds (memorandum dated July 17, 1991) C. Discussion re: County Attorney Contract (memorandum dated July 17, 1991) D. Eldridge Wheeler v. IRC & Douglas N. Higgins, Inc. (memorandum dated July 10, 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. BOOK 83 F'ka JUL 23 99 BOOK83 FA„, -,E„ -,ti 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT 1. Bid Award: IRC 91-92 / End Loader (memorandum dated July 15, 1991)- 2. Bid Award: IRC 91-97 Landfill Compactor (memorandum dated July 8, 1991) 15. ADJOURNMENT 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 23, 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 23, 1991, at 9:00 o'clock A. M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Carolyn K. Eggert, Margaret C. Bowman and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. Richard N. Bird, Chairman, led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Chandler requested the addition of the following: Item 11G (3) Round Island Grant Application preparation, and 11G (4) County Beach Recreation Path Change Order. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously added the above items to the Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of June 18, 1991. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of June 18, 1991 as written. 800K 83 f9�;c i)L 23 1991 J U L 23 199 BOOK J PAGE cue 1 CONSENT AGENDA Commissioner Bowman requested that Item F be removed for discussion. A. Release of Utility Liens The Board reviewed memo from Lea Keller, CLA, dated July 16, 1991: TO: Board of County Commissioners ie. ,1--r<L( (Liu. FROM: Lea R. Keller, CLA, County Attorney's Office DATE: July 16, 1991 RE: CONSENT AGENDA - B.C.C. MEETING 7/23791 RELEASE OF UTILITY LIENS 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 ROCKRIDGE SEWER PROJECT in the names of: WATSON ATFIELD METT KOVI SWEENEY DESANDO NELSON 2. Release of Special Assessment Lien from CITRUS GARDENS in the name of: LOGAN 3. Satisfactions for Payment of Impact Fee Lien Extensions in the names of: DUPREE FIELDS PERRY Additional back-up information is on file in the County Attorney's Office. . ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved release of liens and satisfactions of lien extensions as listed above, as recommended by staff. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 2 B. Resignation of Karen E. Disadvantaged Committee The Board reviewed letter from Supervisor Karen E. Johnson dated June Johnson from Transportation Vocational Rehabilitation 28, 1991: STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURffI' Division of Vocational Rehabilitation 1860 U.S. #1, Suite 3 • Vero Beach, F1 32960-4766 Telephone: 407-778.6348/6349 Commissioner Margaret C. Bowman Board of County Commissioners 1890 25th St. Vero Beach, Florida 32960 To Whom It May Concern: June . 28, 1.9 91 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 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously accepted with regret the resignation of Karen E. Johnson from the Transportation Disadvantaged Committee. C. 1992 Holiday Schedule The Board reviewed memo from Personnel Director Jack Price dated July 11, 1991: 3 JUL 23 1991 BOOK 8 f'16,E J4 -,L) AL 23 1991 BOOK 83 PAE �7 To: James Chandler, County Administrator :From: Jack Price P el e sonn Date: July 11, 1991 Sub: 1992 Holiday Schedule FOR CONSIDERATION BY THE BOARD OF COUNTY COMMISSIONERS: PROPOSED SCHEDULE OF HOLIDAYS FOR INDIAN RIVER COUNTY EMPLOYEES FOR 1992. Yly �; iti: li is - HOLIDAY 'NEW YEAR'S DAY -'GOOD FRIDAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERAN'S DAY THANKSGIVING DAY DAY AFTER THANKSGIVING DAY BEFORE CHRISTMAS CHRISTMAS DAY COUNTY OBSERVANCE WEDNESDAY, JANUARY 1, 1992 FRIDAY, APRIL 17, 1992 MONDAY, MAY 25, 1992 FRIDAY, JULY 3, 1992 MONDAY, SEPTEMBER 7, 1992 WEDNESDAY, NOVEMBER 11, 1992 THURSDAY, NOVEMBER 26, 1992 FRIDAY, NOVEMBER 27, 1992 THURSDAY, DECEMBER 24, 1992 FRIDAY, DECEMBER 25, 1992 Note: The Property Appraiser and Supervisor of Elections offices will observe the schedule above. The Clerk of the Court will also, except for the Day Before Christmas which will depend upon the State Judicial calendar. In addition to the schedule above, the ITax Collector and Sheriff will observe Martin Luther King day on January 20th. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the 1992 Holiday Schedule as recommended by staff. D. Agreement for Temporary Water - IRC and C. and H. Hooshmand The Board reviewed memo from Utility Services Director Terry Pinto dated July 10, 1991: 4 DATE: TO: `FROM: SUBJECT: JULY 10, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO -- DIRECTOR OF UTILI RVICES AGREEMENT INDIAN RIVER COUNTY AND CLARA J. AND HOOSHANG HOOSHMAND TEMPORARY WATER SERVICE PREPARED AND STAFFED BY: WILLIAM F McCAIN CAPITAL P' • CTS ENGINEER DEPAR S or. ILITY SERVICES • BACKGROUND • Mr. and Mrs. Hooshmand have requested that temporary service be installed from the water line on 6th Street td service their) property at 4090 4th Street, Vero Beach, Florida 32962, prior to the installation of a water main on 4th Street. (See attached map.) • 'ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to Mr. and Mrs. Hooshmand until such time thata water line is constructed on 4th Street by assessment. The Hooshmands agree to pay all fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line, as required by IRCDUS. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Clara J. and Hooshang Hooshmand on the Consent Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved and authorized the Chairman to execute the Agreement with Clara J. and Hooshang Hooshmand for Temporary Water Service, as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 5 'JUL 23 MI BOOK 83 FAJL JUL23199 BOOK 83 PACE 94:C E. Acceptance of Utility Easements in Turtle Cove Subdivision The Board reviewed memo from Utility Services Director Terry Pinto dated July 15, 1991: DATE: JULY 15, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES PREPARED WILLIAM F.. AND STAFFED CAPITAL PRO BY: DEPARTMENT IN S E ER ITY SERVICES SUBJECT: ACCEPTANCE OF UTILITY EASEMENTS IN TURTLE COVE SUBDIVISION BACKGROUND AND ANALYSIS The Department of Utility Services currently has a water line project under construction (North Beaches A1A Water Line Extension) on North A]A. Also as part of this project, we are installing water -lines on two streets off of A1A--on 109th Place and 110th Place. After extended investigation, it has determined that prior to the installation of water lines on 109th Place (i.e., Turtle Cove), we must formally accept the utility easements in Turtle Cove. Please r see the attached Resolution accepting these easements and a location map (plat map). RECOMMENDATION The staff of the Department of Utility Services recommends adoption of the attached Resolution on the Consent Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 91-82 formally accepting utility easements in Turtle Cove Subdivision. 6 RESOLUTION NO. 91- 82 A RESOLUTION OF INDIAN RIVER • COUNTY, FLORIDA, FORMALLY ACCEPTING UTILITY EASEMENTS IN TURTLE COVE SUBDIVISION. WHEREAS, Indian River County is in the process of installing water lines in the North Beach/A-1-A area; and WHEREAS, in connection with this project, it is necessary for the County to install its water lines in certain utility easements in the following subdivision: TURTLE COVE, Plat Book 10, Page 86 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby formally accepts the utility easements, as offered to the County, shown on the plat of the above -referenced subdivision. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Wheel e r , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler A y e Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 23 day of July , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman . F. Request for Approval of Archaeological Resources Survey Request for Proposal The Board reviewed memo from Environmental Planning Chief Roland DeBlois dated July 10, 1991: 7 JUL 23199 BOOK ,AUL 23 1991 BOOK 83 PAGE TO: James Chandler County Administrator THROUGH: :FROM: DATE: DEPARTMENT HEAD CONCURRENCE: Robert Keating, AIC Community Developme Roland DeBlois,WcP Chief, Environmental Christine Panicon Senior Environmental July 10, 1991 SUBJECT: Request For Approval of Archaeological Resources Survey RFP • Director Planning Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular 'meeting of July 23, 1991. Description & Conditions ;On March 19, 1991, the Board of County Commissioners approved the P execution of a Historic Preservation Grant Award Agreement with the State of Florida to receive matching funds to prepare an archaeological survey for Indian River County. This agreement was ,executed April 3, 1991. The total project budget as stated in the executed agreement is $17,000 on a 50/50 matching basis; $8,500 State match and $8,500 County match. The County match includes $2,500 in-kind support services and $6,000 in cash. The budget provides for $14,500 to be expended on consulting services. Changes to the budget in the executed Agreement of plus or minus fifteen percent (+ 15%) ,require approval from the State. Staff has prepared a Request -for -Proposal for archaeological survey consulting services. The Historic Resources Advisory Committee and appropriate County departments have reviewed the request -for - proposal (RFP), and staff has revised the RFP to address reviewer comments, as applicable. Alternatives and Analysis The Request -For -Proposal (RFP) as attached was modeled after the RFP utilized by the County in 1988 to solicit consulting services for the Historical Resources Survey. Insurance requirements have been updated and approved by the County Risk Manager. The RFP has also been reviewed by the County Division of Budget, Purchasing and Attorneys as well as the County Historical Resources Advisory Committee. The Request -for -Proposal contains requirements and provisions as mandated by the Historic Preservation Grant Award Agreement and has been approved by the Florida Bureau of Historical Resources as stated in the attached letter. 8 A solicitation for proposal will be advertized and distributed to archaeological professionals listed with the Florida Bureau of Historic Resources. Recommendation Staff recommends that the Board of County Commissions approve the request -for -proposal as attached and authorize staff to proceed with the solicitation for consulting services to survey archaeological resources of Indian River County. Commissioner Bowman was concerned because the proposal does not specify that this is for uplands, not marine, and she thought it should because it is two separate kinds of archaeology. Her second point is that this is mostly a survey and we are not going to conduct any digs, but they talk about the Florida Master Site file. She questioned the clause regarding damage or loss of property to the County or other vendors and contractors; it says nothing about trespass. It says nothing about, if they do conduct any digs, when they are completed, that the land is going to be restored to its original state. Commissioner Bowman felt if we publish the results of this survey, we will need some protection from the pot hunters because they will use this map and go in there and strip the site. Community Development Director Keating clarified the intent is not to define specific sites; although, if any sites are found, the contract will require them to be put on the Florida Master Site file. The more important purpose of the survey is to identify areas that have a potential for archaeological sites. The site predictives model is the most important part. It will indicate when a site applicant should have to do an archaeological survey or not do an archaeological survey. As far as trespassing, they will not be allowed to go on any piece of property unless they have permission, and that would be covered in the specific contract. Commissioner Bowman inferred, from the request for proposal, that they were going to work only on property owned by the County. Director Keating stated that point can be covered in the contract because this is a request for proposals and the intent is to get a representative sample to get a good indication whether or not archaeological resources would be prevalent. Commissioner Bowman felt it is not necessary to pay $14,000 to do a representative sample because anybody who has any knowledge on this subject can spot a midden a mile away. When asked, she explained that a midden is a prehistoric refuse heap. 9 MIL 23.199 BOOK9 E J ° ' ' J Aut. JUL 231991 BOOK 83f, uE '3.t4-‘1) Director Keating agreed, but explained that we larger areas: whether it is right along the river, island, or on the uplands in certain areas. Commissioner Bowman thought there are locations. Commissioner Eggert asked if we really are talking about only County -owned property. Director Keating explained that we are talking about doing several activities which will give the staff an indication of whether a particular area would be prone to have archaeological resources, and an applicant would need to take a closer look before he goes out there and really clears property. Commissioner Eggert asked if this is required by our comp are looking at on the barrier hundreds of plan. Director Keating affirmed it is one of the policies that we said we would pursue. Commissioner Scurlock asked if Commissioner Bowman objected to the lack of definition of scope in the contract. Commissioner Bowman felt the contract is ambiguous. Commissioner Eggert agreed and added it is not protective enough of the properties on which people will go. Director Keating suggested we can definitely cover that in the contract because, again, this is just a request for proposal. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler, to approve the request for proposal and to authorize staff to proceed with the solicitation for consulting services to survey archaeological resources of Indian River County; in the meantime, the scope of services can be clarified. Under discussion, Chairman Bird asked for clarification regarding the clause that says, "Certain requirements and provisions as mandated by the historic agreement and approved by Florida Bureau and Director Keating replied that all preservation grant award of Historical Resources," the requirements in the Request for Proposal are consistent with the grant application which was awarded to the County. Discussion ensued with all Board members agreeing that local people have knowledge that should be exploited. Commissioner Bowman was concerned that consultants would just come in and go through past records and compile that information. 10 Director Keating pointed out that the literature search is one part of the process. Another part is the site predictives model which basically reflects knowledge gotten from other counties as to where an archaeological site is more prone to be found. Again, this is a lot different than the historical survey that we had done a couple years ago when we went and cataloged all of the structures of the county and identified which structures had historic value. This survey will come up with a map showing locations of highest probability of archaeological resources so we do not require every developer to do a archaeological survey. THE CHAIRMAN CALLED FOR THE QUESTION It was voted on and carried unanimously. G. Bid 91-108 - Health Department Lab Eauipment The Board reviewed memo from Purchasing Manager Fran Boynton dated July 12, 1991: DATE: July 12, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator, H.T. "Sonny" Dean, Director Department of General Servi FROM: ?ran Boynton, Purchasing Manager SUBJ: 91-108/Lab Equipment Health Department BACKGROUND INFORMATION: Bid Opening Date: • July 3, 1991 Specifications mailed to: Five (5) Vendors Replies: Three (3) Vendors ITEM Baxter Fischer BID Scientific Scientific Sterile Workbench * $2,050.00 $2,469.00 No Bid Incubator * $1,540.00 $1,670.00 $1,791.00 Mercury Analyzer * $3,145.00 No Bid No Bid Ion Electrode $ 550.00 * $ 544.00 $ 572.00 Note: (*) denotes bid award. Cole Palmer TOTAL AMOUNT OF BID: Baxter Scientific - $6,735.00 I Fischer Scientific- $ 544.00 SOURCE OF FUNDS: 000-252-529-066.49 Environmental Control Board Other Machinery and Equipment Account. RECOMMENDATION: Staff recommends that the bid be awarded on an item by item low bid basis meeting specifications. 11 JUL 23 '1 91 BOOK 8 F,;�� ��1• JUL 2 3 1991 a`' BOOK 83 F'AGE ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously awarded Bid 91-108 on an item -by -item, low -bid basis as detailed above, as recommended by staff. H. Management and Budget Director - Authority to do necessary Amendments to Balance Budget for Fiscal Year 1990/1991 The Board reviewed memo from OMB Director Joe Baird dated July 16, 1991: TO: Members of the Board of County Commissioners DATE: July 16, 1991 SUBJECT: - AUTHORIZE THE MANAGEMENT ND BUDGET DIRECTOR TO DO THE NECESSARY MENDMENTS FOR BALANCING THE BUDGET FOR THE 1990/91 FISCAL YEAR CONSENT AGENDA FROM: Joseph A. Bair OMB Directo The 1990/91 fiscal year ends September 30, 1991. All budget amendments must be done prior to the close of the fiscal year to be in proper compliance. I would like the Board of County Commissioners • to authorize the Management and Budget Director to do the necessary budget amendments for balancing the budget for the 1990/91 fiscal year. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Management and Budget Director to do necessary amendments to Balance the Budget for Fiscal Year 1990/1991 as recommended by staff. 12 PUBLIC HEARING - ESTABLISHMENT OF AN ASSESSMENT FOR STREET LIGHTING IN GLENDALE LAKES SUBDIVISION the Deputy Clerk The hour of 9:05 o'clock A. M. having passed, read the following Notices with Proof of Publication attached, to wit: PUBLIC NOTICES• "Because The People Must Know" NOTICE ' ; t RESOLUTION NO. 91-73 A RESOLUTIONOF THE BOARD OF COUNTY COMMISSIONERSINSTALLMENTS, COUNTY, ESTABLISH- MENT FNSENFOR STREET LIGHTING LOCATED IN GLENDALE LAKESSBDIVISION, PROVIDING THE TTHE OTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANGL DLDESCRIPTION AREA SPECIFICALLY EGAL WHEREAS, the County Public Works Department has been petitioned for the establishment of a street lighting • BENEFITED. district located in Glendale Lakes Estates Subdivision; and p WHEREAS, street lighting has already been installedbut a Street prior gtDistrict t b ae establis established prior to October 1, 1992; and • WHEREAS, funding for the ting byng s eto be byas special is Code of Laws and WHEREAS, the Streetts Lighting v special assessment for aufirst time assessmentbto fund street light yfor2a twentand y-twondian onthRiver period at County costt of FIVE THOU- SAND SIX d Et estimates have been prepared parcel for street lighting improvements is SEVENTY DOLLARS SAND SIX HUNDRED THIRTY ONE DOLLARS AND NO CENTS (85,631.00) and a cost per AND THIRTY-NINE CENTS; for the twenty-two month period; and WHEREAS, after the twenty-two month period, an annual estimate of TWO THOUSAND, NINE HUNDRED SIXTY FOUR DOLLARS AND NO CENTS ($2,964) and a cost per parcel for street lighting improvement is THIRTY SEVEN DOLLARS AND FIVE CENTS ($37.05) have beencompletedbyetrh`hPPuBbli Works Department; and Code of Laws and Ordinances. If not paid within ninety (90) days, WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety(90) days determination of the special assessment pursuant to Section 11-47, Indian River County assessment shall bear interest beyond due date at a rate establishegd by the Boardproposed of County Commissioners; and WHEREAS, aper examination of fath �Inatrereureand e a directandd special ag benefit the pfrop the eimprovements, improvement, ts, the Board of County Commissioners has determined that the following described properties LEGAL DESCRIPTION Page 26, of the Public Records of Indian River County, FloridaFlridND Glendale Lakes SubdGlenivision Lakes shown s on the platthe platarecorded iPlat Pat Book 6, 9of the Public Records of Indian River County, Subdivision Unit Two as shown F'ot� e�recorded in Plat Book 9, Page 90, Prepared By, All lying in Indian River County, June 10, -s-Charles A. Cramer, P.L.S. .' NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: County Surveyor olect 1. The foregoing recitals are affirmed and ratified in their entirety.Indian River County Code Laws 2. A project hereby approved e installation o the terms lighting above and all applicable requirement of Section 11-41etheretoforeseq. In naiRi as Public Works of Laws P No. 9114Ordi is app and Ordinances• offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Eggert and, upon Aye Aye Aye , • Absent • Aye PUBLIC NOTICES The foregoing resolution was being put to a vote, the vote was as follows: Chairman Richard N. Bird • Vice -Chairman Gary C. Wheeler Commissioner Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Commissioner Carolyn K. The the resolution passed and adopted this 2nd day of July, 1991. The Chairman thereupon BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ' ' By -s -RICHARD N. BIRD, Chairman Attest: -s -JEFFREY K. BARTON, Clerk • by. -s -A. Waterhouse Deputy Clerk 'N• J U L 2 3 1991 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida y�/'f/ 1 11- 7 7 • r•- 7& £GFX,&-' COUNTY OF INDIAN RIV,ER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of Court, was pub - tushed in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero ida, and Bpublished in said IndianrRiver County,et Florida, hashe said newspaper da, each daily and hast ofore been continuously been entered as second class mail matter at the post office In Vero Beach. in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aft lent further neither has aid n or promised any person, firm or corporation any discount, rebate, commission orrefundforthe purpose of securing this advertisement for publication in the said newspaper. a Swam to and subscribed before me this _ day l A.D. 19 0,Z.—.{ (SEAL) '4' n -River Betint oriEng (Business Manager) 13 BOOK rJ J JUL 23199 7p -5/v/ VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of . .eralh9Z. 017'/ in the // Iished in said newspaper in the issues of Court, was pub- Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore. been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount. rebate, Commission or refund for t e purpose of securing this advertisement for publication In the said newspaper. Sworn to and subscribed before me this /4, day of A D 19 (SEAL) 'r. tuIldd) • BOC ©3 NOTICE RESOLUTION NO. 91-74 A RESOLUTION OF INDIAN RIVER COUN- TY, FLORIDA. SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN GLENDALE LAKES SUB- DIVISION AND OTHER INTERESTED PER- SONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF INSTALLATION OF STREET LIGHTING IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAY- MENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 91- 73, determined that it Is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the Glendale Lakes Subdivision and at areas described hereafter, that street lighting Improve- ments be made to serve the described area; and WHEREAS, the Board of Copnty Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian,Riivver County esh arequires atmhee and aidef e et aunty Commis- sionersthe - ers of the properties to be assessed or any other pe Interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of street lighting im- provements, as to the cost thereof, as to the man- ner of payment therefor, and as to the' amount thereof to be assessed against each property bene- fited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers In the County Ad- --N ministration Building at the hour of 9:05 A.M. on Tuesday, July 23, 1991, at which time the owners of the properties to be assessed and any other In- terested persons may appear before said Commis- sion and be heard In regard thereto. The area al- ready improved and the properties to be special benefited are more particularly described upon .the assessment plat and the assessment rot with re- gard to the special assessments. 2. At persons interested In the said improve- ments and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment rot, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of this public hear- nt of Public W s by twshall be o publien cations in the til mePress-Journal Newspaper a week apart. The last publication will be at least one week prior to the date of the hear- Inq The Indian River County Department of Public Works shat give the owner of each property to be specially assessed at least ten days notice In writing of such time and place, which shat be served by 1 mating a copy of such notice to each of such pop - i erty owners at his last known address. The resolution was moved for adoption by Com- missioner Scurlock, and the motion was seconded by Commissioner Eggert, and, upon being put to a vote, the vote was as follows: i Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. ' Aye Commissioner Margaret C. Bowman Absent Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution • duty passed and adopted this 2nd day of July,. 1991. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By -s -RICHARD N. BIRD, Chairman Attest -s -JEFFREY K. BARTON, Clerk by: -s -A. Waterhouse i Clerk • ' July 1 , 1991 812258 The Board reviewed memo from Public Works Director Jim Davis dated July 15, 1991: 14 TO: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P.E. Public Works Director Public Hearing for the Establishment of an Assessment for Street Lighting in Glendale Lakes Subdivision + July 15, 1991 FILE: * gA enconf . agn • DESCRIPTION AND:CONDITIONS .On July 2, 1991, the Board of County Commissioners adopted .Resolution No. 91-73, providing for the establishment of an assessment roll for Glendale Lakes Subdivision. Also on July 2, 1991, the Board of County Commissioners adopted another Resolution No. 91-74 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. ,This hearing is scheduled for July 23, 1991. • RECOMMENDATIONS .After hearing complaints and input at the Public Hearing and :if necessary, any adjustment to the assessment roll, it is recommended that the Board of County Commissioners approve the attached Resolutions confirming the assessment roll. If 'adjustment or changes are made a new resolution will be ,brought before the Board of County .Commissioners for :approval. Administrator Chandler clarified this public hearing is to consider the assessment for street lights for a 22 -month period in Glendale Lakes Subdivision. A petition was received initially for the street lights; there were 80 parcels involved with 60 percent in favor of the requested street lights. Florida Power & Light, without authorization, went ahead and installed the street lights even though the district itself will not be established formally until October of 1992. We are proposing, since lights are in, to do an assessment of $70.39 per parcel for the 22 -month period until the district will be set in October of 1992. County Engineer Roger Cain explained he was representing Public Works Director Jim Davis who was unable to attend. Mr. Cain pointed out an error in the assessment roll: Glendale Lakes Subdivision, Unit 2, lots 4, 5, and 6 should be stricken from the benefitted area because it has been discovered that there are no lights installed in that particular street. Mr. Cain also explained that there is a five percent contingency in the total assessment; so staff feels the assessment would not change. 15 JUL 23 9 PO�iK F uC JUL 231991 BOOK.: 83 ►F�r'�r[ 93 County Attorney Vitunac advised this would cause no problem. If there were a shortage of funds, there is a choice of using County funds or redoing the assessment. Mr. Cain felt the three lots could be deleted and the cost would remain within the assessment. Commissioner Wheeler led discussion regarding the error in Florida Power & Light installing the lights prior to establishment of the district, and asked why we would be responsible for payment. Administrator Chandler felt the reasoning was that 60 percent of the property owners were in favor of the petition and Florida Power & Light proceeded to install the lights, and now feel there is a benefit to the property owners. County Attorney Vitunac advised, even though it was clearly an error, the point is no harm was done; in fact, the property owners received a benefit by getting their lights sooner. If by not having a public hearing earlier, the owners had lost some right, or if there were some argument they could make, this public hearing would be the proper time, and there was no one present to object. Chairman Bird asked and Roger Cain confirmed that the action required from the Board would be to assess for the 22 -month period. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Don Frederick, 4336 9th Lane in Glendale Lakes Subdivision, came before the Board and explained that until that morning he had not been aware of a petition for lights. Actually, he had come to the County Administration Building because he is being charged for two parcels of land and felt he owns only one parcel. He stated that in 1974 there were four lots which were subdivided into three lots and his neighbors are being assessed for one parcel. He demonstrated, with Mr. Cain's assistance, that his parcel was equal to his neighbors' properties. Mr. Cain had no precise explanation, but offered some possible reasons for the two -parcel assessment; however, he agreed with Mr. Frederick that it possibly should be adjusted. Mr. Frederick stressed he is in favor of lights and is willing to pay his share. The Board members were given diagrams of the area, and Commissioner Scurlock said, based on the diagram, he could see no reason why Mr. Frederick should be charged more than his neighbors. It was determined that no one else wished to be heard, and the Chairman closed the public hearing. 16 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 91-78 confirming the assessment roll for the establishment of a street lighting district in Glaisdale Lakes Subdivision as modified and 6 to fromthee Parcels 77, 78, and 79 (Lots , Parcel 74 (Lot 11) assessment roll, and to change from two parcels to one parcel. RESOLUTION NO. 91-__21— A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR THE ESTABLISHMENT OF A STREET LIGHTING DISTRICT IN GLENDALE LAKES SUBDIVISION the Board of County Commissioners adopted WHEREAS, I Resolution No. 91-73 providing for installation of street ,,I lighting improvements to Glendale Lakes Subdivision; anrd which WHEREAS, said resolution described the special said special assessments shall be made and how said sp assessments are to be paid; and WHEREAS, the resolution was published as required by Section 11-46, Indian River County Code; and WHEREAS, the Board ofsCounty Commissioners of Indian River County passed Resolution No. 91-74 on July 2, 1991, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interestsd complaints would to have the chance to be hedsasessments, all and for the Board to said project and said special act as required by Section 11-47, Indian River ofthe CnCode; and WHEREAS, notice of the time and place l er on hearing was published in the PiesstWicenaoneeweekpapart, and the July 9, 1991, and July 16, 1991, last beingat least one week prior to the hearing), as required ty Code; nd by Section 11-46, Indian RiveWnersnof recordweremailed notices WHEREAS, the land o at least ten days prior to the hearing, as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesda Jul 23 1991 conducted the public hearing with regard to the special assessment NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, affirmed andratified follows: in 1. The foregoing recitals are their entirety. 17 JUL 23 1991 BOOK I) JUL 23 99 BDOK 83 PAGE 9 1 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was.;as follows: Chairman Richard N. Bird Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution passed and adopted this 23 day of July , 1991 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RIC ARD N. BIRD, Chairman RESOLUTION 91-78 WITH ATTACHED ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD AWARD OF RECREATION BONDS (GOLF COURSE) Financial Advisor Art Diamond explained bonds and interest rates and classifications of bonds, and emphasized that the recreational revenue bonds were issued at an exceptionally good rate for several reasons: the fact that the bonds are backed by the full faith and credit of Indian River County, which has a good name in the marketplace, and the subordinate pledge of the half - cent sales tax. Mr. Diamond explained the reason for the subordinate pledge is to insure the bond because bond insurance gets a triple A rating. In the ordinary course of things, golf course revenues are considered weak revenue, but Sandridge Golf Club has always shown a profit and we are not going to have a problem with it. Commissioner Scurlock felt it was important for the Board to realize there is a pledge of revenues from another source, but it was anticipated to be self-supporting, as the first issue for the golf course has been. If for some reason there was a shortfall, 18 the subordinate pledge of revenue is where you would go to make up the difference. County Attorney Vitunac clarified this is the one-half cent sales tax guaranteed entitlement, not the one -cent optional tax that is to be passed. Ed Bulleit from William R. Hough & Co. detailed the figures involved in the bond issue, and Chuck Sieck from Rhoads and Sinon praised the work of the entire team in reaching this goal. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 91-79, amending and restating Resolution 91-70, and adopted Resolution 91-80 authorizing a bond purchase agreement. RESOLUTION NO. 91-79 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 91-70 OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED: "RESOLUTION NO. 91-70 A RESOLUTION SUPPLEMENTING RESOLUTION NO. 85-78 OF INDIAN RIVER COUNTY, FLORIDA, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE CONSTRUCTION, ACQUISITION, FURNISHING AND EQUIPPING OF AN EXPANSION OF THE SANDRIDGE GOLF COURSE OF AND IN THE COUNTY; MAKING SAID EXPANSION A PART OF THE PROJECT, AS DEFINED BY SAID RESOLUTION; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,500,000 RECREATIONAL REVENUE BONDS, SERIES 1991, TO FINANCE THE COST OF THE EXPANSION, AS ADDITIONAL PARITY OBLIGATIONS UNDER SAID RESOLUTION; MAKING CERTAIN PLEDGES, COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." . TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS UPON WRIOH. THIS COUNTY MAY ISSUE WATER AND SEWER REVENUE BONDS AND PROVIDE FOR THE PAYMENT AND SECURITY THEREOF. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. Authority for Resolution. This resolution is adopted pursuant to Chapter 125, Florida Statutes (1990), as amended, and other applicable provisions of law. SECTION 2. Findings. It is hereby ascertained, determined and declared that: • A. The Board of County Commissioners of Indian River County, Florida, on June 18, 1991, duly adopted a resolution entitled as follows: RESOLUTION 91-79, IN ITS ENTIRETY, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 19 "JUL 23 t ; EOOK. C�; FAJE�� JUL 23 991 BOOK O f'Av[ eJ' tt RESOLUTION NO. 91 - 80 A RESOLUTION' AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT FOR THE AWARD AND SALE OF $6,015,000 AGGREGATE PRINCIPAL AMOUNT OF RECREATIONAL REVENUE BONDS, SERPES 1991, OF INDIAN RIVER COUNTY, FLORIDA, AT PRIVATE SALE BY NEGOTIATION, TO THE PURCHASER THEREOF; AUTHORIZING AND APPROVING CERTAIN TERMS OF SAID BONDS; PROVIDING FOR CERTAIN MATTERS RELATING TO THE BONDS; APPOINTING A PAYING AGENT AND BOND REGISTRAR FOR THE BONDS; RATIFYING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE MARKETING OF THE BONDS; AUTHORIZING ALL OTHER NECESSARY, DESIRABLE AND/OR APPROPRIATE ACTIONS IN CONNECTION WITH THE SALE, ISSUANCE AND DELIVERY OF THE BONDS; AND SPECIFYING THE EFFECTIVE DATE HEREOF. WHEREAS, the Board of County Commissioners of Indian River County, Florida (the "Board" and the "County", respectively), by Resolution No. 91-70, duly adopted on June 18, 1991, as amended (the "Resolution"), authorized the issuance of Recreational Revenue Bonds, Series 1991, of the County in an aggregate principal amount not to exceed $6,500,000 (the "Bonds"), as Additional Parity Obligations under. and pursuant to Resolution No. 85-78 of the County, as amended and supplemented; WHEREAS, the County deems it in its long term best interest that the Bonds be sold at this time at private sale by negotiation; . WHEREAS, it is necessary and desirable to authorize and RESOLUTION 91-80, IN ITS ENTIRETY, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 20 FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR SANDRIFT SUBDIVISION The Board reviewed memo from Civil Engineer David Cox dated July 12, 1991: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM: David B. Cox, P.E 4 . Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Sandrift Subdivision :.DATE: July 12, 1991 DESCRIPTION AND CONDITIONS McQueen & Associates, 'Inc. on behalf of the Turbine Group, developers of Sandrift Subdivision, is requesting a waiver of the cut and fill balance requirement. of Section 930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. Sandrift _Subdivision is located on both sides of SR A -1-A approximately 1/4 mile north of the intersection of North Jungle Trail and SR A -1-A. The project is within Flood Hazard Zones AE and VE with base flood elevations of 8, 9, 10, 11, 12 and 15 FT. The ten year flood elevations reported in the May 4, 1989 F.E.M.A. Flood Insurance Study are 4.0 FT on the Indian River side and 4.1 FT on the Atlantic Ocean side. The floodplain displacement created by fill below elevation 4.1 FT is estimated by the applicant's engineer at 1996 cubic yards. Sandrift Subdivision received Preliminary Plat approval on April 26, 1990. ALTERNATIVES AND ANALYSIS The project meets the cut and fill balance waiver criteria of being located in an estuarine environment and it appears that all other Stormwater Management and Flood Protection Ordinance requirements will be met. Wetlands mitigation plans have been approved by permits from S.J.R.W.M.D., Department of the Army, and Indian River County Environmental Planning Section. Alternative No. 1 Approve the cut and fill balance waiver request. Alternative No. 2 Deny the waiver request and require re -design to accomplish an on- site balance of cut and fill. RECOMMENDATION AND FUNDING Staff recommends approval of Alternative No. 1. 21 ��jj E),(lrK 83 FArru[. %JUL 23199 Pr- JUL 23 199' BOOK 83 PAGE '47,-'J)- ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the requested cut and fill balance waiver for Sandrift Subdivision, as recommended by staff. RESOLUTION TO PROVIDE FOR THE PAVING AND DRAINAGE IMPROVEMENTS TO 101st AVENUE FROM 87th STREET TO CR512 IN VERO LAKES SUBDIVISION The Board reviewed memo from Civil Engineer Michelle Gentile dated July 11, 1991: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer Michelle A. Gentile, Civil Engineer SUBJECT: Resolution to Provide for the Improvements to 101st Avenue from 87th Street to CR512 in Vero Lake Estates Subdivision July 11, 1991 Paving and Drainage ;DESCRIPTION AND CONDITIONS -The` ' County Public 'Works Department has initiated a public :improvement assessment for road paving and drainage improvements '.for 101st Avenue in Vero Lake Estates from 87th Street to County ;Road 512 in cooperation with the Vero Lake Estates Property Owners Association Road and Drainage Committee. ;.cl, ,,-=,"0s A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of .the assessment against each property owner. M•: ,1!1 �•'::�a= .; -;a •S'. This Public Hearing has been scheduled "at 9:05 A.M. in the County Commission 'An assessment roll and plat has been Clerk to the Board. The project cost is $216,479.74. recommended: MSTU Special Assessment Secondary Road Trust Fund for Tuesday, August 20, .1991 Chambers. r.,•s prepared and filed with the The following revenues are $150,000.00 (69.3%) $ 18,568.74 ( 8.6%) $ 47-,911.00 (22.1%) $216,479.74 22 • RECOMMENDATION AND FUNDING It is recommended that motions be made to: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terms outlined in the resolution. The applicable interest rate, shall be 12% at the time the final assessment roll is approved. 2) Allocate $18,568.74 from the Petition Paving Account #173-214- 541-035.39. 3) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 91-83 providing for certain paving and drainage improvements and Resolution 91-84 setting a time and place for public hearing regarding 101st Avenue from 87th Street to CR512 in Vero Lake Estates Subdivision. RESOLUTION NO. 91- 83 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 101ST AVENUE BETWEEN 87TH STREET AND C.R.512 IN VERO LAKE ESTATES SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the County Public Works Department has initiated a public improvement assessment for Road Paving and Drainage Improvement for 101st Avenue between 87th Street and C.R.512 in Vero Lake Estates Subdivision, WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is TWO HUNDRED AND SIXTEEN THOUSAND FOUR HUNDRED SEVENTY-NINE DOLLARS AND SEVENTY-FOUR CENTS ($216,479.74); and RESOLUTION 91-83, IN ITS ENTIRETY, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 23 JUL 23 1991 BOOK 83 FiwE 946 JUL 23 1 .- l "a ' BOOK 3 PAGE bot RESOLUTION NO. 91- 84 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 101ST AVENUE BETWEEN 87TH STREET AND CR512 IN VERO LAKE ESTATES SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ,ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTYAS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AN AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 91-83 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that paving and drainage improvements be made to; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, .NOW,. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday, August 20. 1991, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and 24 the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner 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 Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The. Chairman thereupon declared the resolution duly passed and adopted this 23 day of July , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman ASSESSMENT ROLL WITH RESOLUTION 91-84 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 25 JUL 23 1991 B.00K 073 FA, E e JUL 3 9 BOOK FAE. PREPARATION OF GRANT APPLICATION FOR ROUND ISLAND PARK BY COASTAL TECHNOLOGY The Board reviewed memo from Capital Projects Manager Terry Thompson dated July 16, 1991: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director ,r - FROM: Terry B. Thompson, P.E.j Capital Projects Manager a SUBJECT: Florida Recreation Development Assistance Program Grant Opportunity for Round Island Park Improvements DATE: July 16, 1991 DESCRIPTION AND CONDITIONS Prior to August 31, 1991, the Florida Department of Natural Resources will be accepting Florida Recreation Development Assistance Program (FRDAP) grant applications for projects to be constructed in FY 91/92. Staff is of the opinion that the County should apply for grant funds for Round Island Park Improvements. Coastal Technology Corporation, has submitted the attached proposal to prepare the grant application for the County's submission. The compensation due the Consultant for the services described in the proposal is $5,990. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Authorize the attached agreement between Indian River County and Coastal Technology. Alternative No. 2 Request staff to prepare the application. RECOMMENDATIONS AND FUNDING Due to staffs current work load and the August 31, 1991 grant application deadline, it is recommended that Alternative No. 1 be approved. Funding is budgeted in the Parks Department Fund 001-210-572-033.13. 26 Capital Projects Manager Terry Thompson elaborated on the procedures to be followed. Commissioner Scurlock asked for clarification on the selection process for the engineering services. Ms. Thompson stated Coastal Technology did the FRDAP grant application for Treasure Shores which ranked us number one and because of the time frame, staff asked for a proposal from Coastal Tech. She further explained this is a new contract under the CCNA limit and RFP was not required. Administrator Chandler felt, with our past experience, this was the route to take. If the grant is approved, we will go with formal RFP on the design and construction. Commissioner Scurlock just wanted to be sure the record indicated this was declared an emergency item because time is of the essence. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved and authorized the Chairman to execute the agreement with Coastal Technology Corporation to prepare a FRDAP funding grant proposal, as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD SOUTH BEACH RECREATION PATH CHANGES AND ADDITIONS The Board reviewed memo from Capital Projects Manager Terry Thompson dated July 16, 1991: 27 JUL 231991 OOK V :J F.A6E 9,0 JUL 23 1,9S1 BOUT. 83 FA E jU1 TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: South Beach Recreation Path Changes and Additions DATE: July 16, 1991 DESCRIPTION AND CONDITIONS Schopke Construction and Engineering, Inc. is under contract with the City of Vero Beach for the construction of a reuse water main along A1A in conjunction with the County's South Beach Recreation Path. Construction of these two projects were combined through a joint Construction Project Agreement, dated February 12, 1991, between Indian River County and the City of Vero Beach. The Department of Transportation required that certain revisions be made to the construction drawings prior to issuance of a permit for the recreation path. These revisions are detailed on the attached reference letter. The cost of these changes and additions is $15,366.59. The Sandpointe West Subdivision (STA 176+40 - STA 184+60) has not constructed the eight foot (8') wide sidewalk along SR A1A in conformance with its approved subdivision plat and the developer(s) is effectively in breach of the Contract for Construction. The County has given the developer(s) of the Sandpointe West Subdivision three options in order to comply with its Contract for Construction for Remaining Improvements. These options are as follows: 1. Construct the required 8' wide bikepath, with plans approved and permitted by Indian River County and any other jurisdictional agencies; 2. Provide a cash payment for the referenced amount of $11,348.00 for Indian River County to include construction of the Sandpointe West portion of the bikepath in its general bikepath construction project. Should the actual final cost of construction for the bikeway differ from the projected cost, a refund or billing of the difference, as appropriate, would occur; or 3. Submit a written request that Indian River County construct the Sandpointe West portion of the bikeway and submit a bill for payment to Wildfield Properties for which it would be responsible under the provisions of paragraphs 6 and 7 of the previously. referenced Contract for Construction. If the payment were not received, the County would then file suit against the developer for breach of its Contract to Construct the bikepath; and seek a cash judgement or liens against the lots owned by Wildfield Properties Inc. in the Sandpointe West Subdivision. 28 A written response, stating which of the above options will be executed by the developer(s) must be submitted to the Planning Division no later than 5:00 PM, July 19, 1991. If the developer(s) fails to respond or take any of the above options, the County will construct the sidewalk and file suit for breach of Contract to Construct. The cost of construction of an eight foot wide sidewalk along SR A1A in the Sandpointe West Subdivision is $11,527.36. This added to the cost of changes and additions required by the Florida Department of Transportation results in a total Change Order amount of $26,893.95. The current contract amount for this project is $191,132.94. The total estimated cost of the recreation path in the special assessment 'providing resolution was $409,286.67, which includes engineering and administration costs. RECOMMENDATIONS AND FUNDING Staff recommends that the Board request the City of Vero Beach to issue a Change Order for the attached changes and additions. Funding is from account 173-214-541-066.31. Capital Projects Manager Terry Thompson also pointed out that there was a 600 -foot section of the path which the City of Vero Beach was coordinating with the proposed widening of A1A which would not be completed until April of 1992. Staff has been in touch with the City of Vero Beach in this regard. Commissioner Eggert felt since County staff had been talking with City of Vero Beach staff with no results, we should go to a higher level in the City administration. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the South Beach Recreation Path Change Order and authorized the Chairman to send a letter to the City of Vero Beach suggesting that construction of the 600 -foot portion of the recreation path be moved up in our time schedule. Chairman Bird questioned the difference in the estimated cost of $409,000 versus the current contract amount of $191,000. Ms. Thompson affirmed the figures and explained we got a very good price on the sidewalk. Combining the project with the City of Vero Beach helped because they had a lot of excess fill from their reuse line. Chairman Bird commented that it is good news for the South Beach residents who agreed to tax themselves to pay for that path. Attorney Vitunac stated, and Ms. Thompson confirmed, that if we do the part of the sidewalk in front of Sandpointe West, we will pursue collecting the money from them. 29 JUL 23 199 BOOK JUL 23 9-91 BOOK _ LOCAL POLLUTION CONTROL PROGRAM - GENERAL AGREEMENT The Board reviewed memo from Assistant County Attorney Will Collins dated July 10, 1991: TO: The Board of County Commissioners FROM : 7 v William G. Collins II - Assistant County Attorney DATE: July 10, 1991 SUBJECT: Local Pollution Control Program - Generals Agreement Environmental Health Director Michael Galanis has requested the Board consider for approval a proposed General Operating Agreement with the Florida Department of Environmental Regulation for a Local Pollution Control Program. The agreement essentially delegates certain D.E.R. functions to the local Environmental Health Department. Dr. Berman will be the local Program Director. Also presented is a Resolution to create a "local pollution control trust fund" which would be a depository for monies collected from environmental enforcement action. The resolution provides that upon recommendation of the County Administrator, Director of the Indian River County Public Health Unit, and the Indian River County Environmental Control Officer, the Board would approve disbursements from the fund for projects which enhance the County's environmental resources and pollution control activities. REQUESTED ACTION: 1. Approve, and authorize the Chairman to execute, the Local Program General Agreement. Z . Approve the attached resolution creating a local pollution control trust fund Environmental Health Director Galanis made the following presentation: FROM: RE: DATE: July 3, 1991 Board of County Commissioners Indi-n River County alanis, M. P. H. ronmental Health Director -Indian River County Public Health Proposed General Operating Agreement with. Florida Department of Environmental Regulation (DER) for Local Pollution Control Program The attached General Operating Agreement for a Local Pollution Control Program is recommended for your approval. The agreement is the first step for a DER delegation of several of its functions. The agreement contemplates that it will be followed by specific operating agreements which would outline each DER function to be delegated to Indian 30 River County. We have been negotiating with the DER to assume local program status in concert with the County Utilities Department and the County Community Development Department. It is contemplated that approval of this agreement and later specific operating agreements will assure greater protection of the environment and better service to the community in this county. • It should be noted that the agreement allows the DER to divide with Indian River County any civil penalties the DER collects as a result of cooperative enforcement efforts brought in this county. These funds would go into our local Pollution Recovery Trust Fund, to be spent enhancing pollution control activities in Indian River County. Environmental Control Hearing Board civil penalties would be deposited in our Pollution Recovery Trust Fund and spent enhancing pollution control activities and enforcement in Indian River County. As the attached Resolution provides, the expenditure of these funds would be determined by the Board of County Commissioners upon recommendation of the County Administrator and the County Health Director and the Environmental Control Officer. Environmental Health Director Galanis explained this is the first step. It is called an agreement to agree. It is a general operating agreement for Indian River County to work with the Department of Environmental Regulations. Director Galanis explained this agreement legitimizes what we have been doing for five or ten years and puts on paper the fact that Indian River will be enforcing the rules and approving projects, which will speed up the process. Discussion ensued regarding the types of projects which would be included in the agreement. Mr. Galanis explained each project would be considered in a specific operating agreement. Commissioner Scurlock asked if this means DER is going to allow us to watch ourselves. Mr. Galanis said yes but DER would be watching us; there would be an agreement and it would be monitored. Attorney Collins clarified that there would be rules to follow. The local rules and enforcement programs would have to be as rigid as the program delegated by the state. Commissioner Scurlock and Commissioner Eggert expressed concern regarding staff to run these programs and Director Galanis pointed out that any new staff or any expenditures of funds would come back to the Board for approval. Commissioner Scurlock asked about professional engineers and Director Galanis responded that Robert Wisemen in the Utility Services Department is an environmental. engineer. If there were a 31 JUL 23 1.99i BOOK Jul- 23 1991 BOOK 8.,1 PAE need for more staff, it would need approval from the Board. Director Galanis explained what we propose to do in a specific operating agreement is to do permitting in utilities and enforcement through the environmental control office, basically. Director Galanis explained that Dr. Bernard Berman would be the overall project director, or local program director. Director Galanis would be the enforcing agent. Permitting revenues would provide some money and fines would be collected and deposited in a pollution recovery trust fund and used to resolve pollution problems, not for salaries or equipment. Commissioner Scurlock stressed the need for proper accounting of funds collected and costs of operation. Chairman Bird summarized what we are doing is agreeing to come up with a suitable agreement to satisfy both parties. If it does not satisfy both parties, we do not enter into the agreement. Chairman Bird suggested we may be getting into a one-way street where the State would not take back the responsibility but Attorney Collins explained that the statute that allows for the delegation of these programs requires DER to make specific findings that the local program is sufficiently staffed and funded. If they ever make a determination that we are not devoting enough resources to this local program, they are required by the statute to take the permitting funds back and essentially decertify the local program. Commissioner Bowman wished to know if it is true that Environmental Health is no longer doing local restaurant inspections, and Director Galanis explained that he is no longer doing inspections of the restaurants that are licensed by the Department of Business Regulations, which amount to approximately half the restaurants in the County. As a result of this he also lost some staff. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Local Program General Agreement with the State of Florida Department of Environmental Regulation and adopted Resolution 91-85 creating a local pollution recovery trust fund. (AGREEMENT NOW RECEIVED AND ON FILE IN THE OFFICE OF CLERK TO THE BOARD) 32 RESOLUTION NO. 91- 85 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING A LOCAL POLLUTION RECOVERY TRUST FUND IN WHICH TO DEPOSIT MONIES COLLECTED THROUGH ENFORCEMENT CASES AND TO BE USED TO ENHANCE INDIAN RIVER COUNTY'S ENVIRONMENTAL RESOURCES WHEREAS, it is desirable that monies collected in instances of environmental violation be deposited into an Indian River County Pollution Recovery Trust Fund; and WHEREAS, it is desirable that monies collected in instances of environmental violation be applied to the enhancement of Indian River County's environmental resources and pollution control activities; and WHEREAS, it is beneficial to establish a method for resolving enforcement matters in a manner required by the Florida Department of Environmental Regulation, for purposes of delegation from the state. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: There is hereby established an Indian River County Pollution Recovery Trust Fund, the monies of which shall be disbursed only for enhancement of Indian River County's environmental resources and pollution control enforcement and activities and not for operations and maintenance. Said trust fund shall be kept and maintained in trust by the Board of County Commissioners and shall be disbursed in accordance with the' following procedures: (1) The Board of County Commissioners shall receive and consider the recommendations of the County Administrator, Director of the Indian River County Public Health Unit, and the Indian River County Environmental Control Officer pertaining to the proposed disbursement for a project. 33 JUL 23 1991 BOOK 4 it F'A L Jt) U BOOK 83 F',;,[ (2) Disbursement shall be made only upon the approval of a resolution by the Board of County Commissioners authorizing the Clerk of the Board of County Commissioners to disburse funds for a particular project. The foregoing Resolution was offered by Commissioner Scurlock , who moved its adoption. The motion was seconded by Commissioner Eggert upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Ayp Commissioner Margaret C. Bowman Ayp Commissioner Don C. Scurlock, Jr. Aye Commissioner Carolyn K. Eggert Ayp and The Chair thereupon declared the Resolution duly passed and adopted this 23 day of ,luly , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Richard N. Bird, Chairman BOND RESOLUTION; 1991 WATER & SEWER REVENUE BONDS The Board reviewed memo from County Attorney Charles P. Vitunac dated July 17, 1991: 34 TO: BOARD OF COUNTY COMMISSIONERS FROM: DATE: RE: Charles P. Vitunac, County Attorney July 17, 1991 BOND RESOLUTION - 1991 WATER & SEWER REVENUE BONDS The attached resolution has been prepared by the Bond Counsel for Indian River County in connection with the refinancing of the County's water and sewer bonds with the Farmers Home Administration. REQUEST: The Board authorize the Chairman to execute this resolution on behalf of the County. Bond Counsel Chuck Sieck explained that basically the Farmers Home has agreed to the County issuing bonds for the Sludge Facility and to retire the notes which were issued to acquire the North Beach Water System, and this bond resolution authorized the building of the sludge facility, the retirement of the 1988 notes for the North Beach, and the issuance of bonds to finance that. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 91-81 supplementing resolution No. 89-19 authorizing the construction of a regional sludge treatment facility and authorizing action on water revenue bonds. RESOLUTION NO. 91 -jai RESOLUTION SUPPLEMENTING RESOLUTION NO. 89-19 OF INDIAN RIVER COUNTY, FLORIDA, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE CONSTRUCTION, ACQUISITION, FURNISHING AND EQUIPPING OF A REGIONAL SLUDGE TREATMENT FACILITY IN THE COUNTY; MAKING SAID FACILITY A PART OF THE SYSTEM, AS DEFINED BY SAID RESOLUTION; AUTHORIZING RETIREMENT OF THE WATER REVENUE BONDS, SERIES 1988, ANTICIPATION NOTES OF THE COUNTY; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $11,175,000 WATER AND SEWER REVENUE BONDS, SERIES 1991, TO FINANCE A PORTION OF THE COST OF THE FACILITY AND TO RETIRE SAID NOTES, AS ADDITIONAL PARITY BONDS UNDER SAID RESOLUTION; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION 91-81, IN ITS ENTIRETY, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 35 JUL 23 BOOK FLE . Pr- HJL 23 1991 BOOK 83 F GE ti ` Under discussion Commissioner Scurlock inquired whether the flow of new impact fees would allow us to issue less than the maximum debt. OMB Director Baird stated we have not determined that as yet. This is just the very first stage where we have Farmers Home approval and are getting a bond document passed for validation. COUNTY ATTORNEY CONTRACT The Board reviewed memo from County Attorney Charles Vitunac dated July 17, 1991: TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: July 17, 1991 RE: COUNTY ATTORNEY'S CONTRACT • As discussed at the July 17, 1991, preliminary budget hearing, I offer the attached amendment to my employment contract, which incorporates all the changes suggested by the Board of County Commissioners. On an another issue discussed at that meeting, Commissioner Eggert indicated that she wanted the two Assistant County Attorneys to have a cap set on their salaries also. As it turns out, these positions have maximum salaries set by the Board of County Commissioners several years ago. A copy of the salary limits for our whole office is attached. County Attorney Vitunac proposed several amendments to his contract with the County. In paragraph A.1. of the contract, the salary cap would be changed from $85,000 to $82,000. In paragraph A.2., the fourth line, change "County employees" to "County department heads." In other words, if County department heads receive a cost -of -living raise less than what the general County employees get, that would be what the County attorney would receive. Commissioner Eggert stated her preference was to have the County Attorney's contract read the same as County Administrator Chandler's contract. She quoted from Mr. Chandler's contract: "In advance of each new fiscal year County Administrator shall discuss Administrator's performance and shall mutually agree on any salary increase, which increase shall become effective October 1 of each year." 36 Administrator Chandler confirmed that clause was in his contract. Commissioner Eggert clarified that these two employees are different. They are not on any of the maximum or minimum grades but both have salaries which are above our top grade as it stands now. Commissioner Eggert felt it would be appropriate to have the same wording in both contracts. She did not agree with the County Attorney that this is a cap on his salary. In her opinion there is a point beyond which the salary of any job description cannot go and, in this situation, we can go up on cost of living forever. Commissioner Scurlock asked for clarification. Commissioner Eggert agreed there would be a salary cap which would be adjusted, if the need arises, as opposed to automatic cost -of -living percentage increases. County Attorney Vitunac believed, in true economics, his salary buys a certain basket of goods and all he wanted is to have the ability to buy the same basket of goods; that is the cap. Most County department heads' salaries are at a cap now and each year the Board decides whether and how much that cap should be raised by the cost of living. Even if there is no inflation and the Board decides on a zero cost of living increase, that is appropriate and that is all he asked for. When world affairs indicate a ten percent rate of inflation and the Board decides to give a three percent cost -of -living increase, he hoped to be treated the same as department heads. Attorney Vitunac stated he would not have another raise in his career with the County. He further differentiated his employment and that of Administrator Chandler from the other employees in that they do not have the protection of civil service and can be fired at the will of the Board of County Commissioners. Even with the contract as he recommended it, the Board can terminate him every July; it does not last forever. Commissioner Scurlock pointed out that Attorney Vitunac's statements likening himself to Administrator Chandler are not totally accurate because the negotiated terms under which he could be dismissed include 150 days of pay as well as some other things. Attorney Vitunac agreed and added that those conditions were negotiated prior to his employment because, if he were terminated, he would need that security to go out and start a legal practice. Commissioner Scurlock stated he would like to see consistency in the contracts of the Administrator, the County Attorney and the Administrative Assistant. These three individuals work directly for the Board of County Commissioners which is different from the regular department head responsibilities. He, therefore, supports Commissioner Eggert's position. 37 JUL 23 1 91 BOOK., FACE 950 JUL 23 WI BOOK 83 FAGS 951 Chairman Bird agreed there are similarities, but each individual began with the County under different circumstances. He agreed with the amendments to Attorney Vitunac's contract as far as a salary cap, but he did not want to change the basics of the agreements with County Administrator Chandler or Administrative Assistant Forlani or County Attorney Vitunac. He felt those contracts could be more standardized when the time comes to hire replacements, but at this time he believed all we should really deal with is their salary level. Commissioner Eggert felt what Attorney Vitunac has recommended is a major change and, while she appreciated his viewpoint, she did not think we are truly accomplishing what it is she feels we ought to accomplish. Chairman Bird felt that if the salary is capped and no cost - of -living increase is given, the Attorney's lifestyle diminishes, it would not even stay level. Commissioner Eggert pointed out that by going to the same wording as in Mr. Chandler's contract, there is no cap at all. Attorney Vitunac emphasized that he is willing to go to a cap and never get any more dollars other than to stay with the same purchasing power he has today. Commissioner Eggert felt that would be assigning him a maximum grade and he is not in a grade listing. Commissioner Scurlock recalled when part-time legal services for the County cost $270,000. In-house legal services were intended to be money -saving. He agreed with Commissioner Eggert that any job is worth just so much money. Commissioner Wheeler agreed with that except when you crank -in the inflation factor each year, it keeps the salary at that level. Discussion ensued regarding cost -of -living increases and disposable income. Commissioner Wheeler recalled that Administrator Chandler had received raises based on percentages given to other employees, and Administrator Chandler corrected him by stating that his contract is not tied to anyone except himself. He took whatever the Commission felt was equitable. Commissioner Scurlock discussed the County Attorney's contract and the substantial increases he has received over six years, which he believed show that he is not like every other County employee. He agreed the contract needs to be rewritten, and he would like to get the County Administrator and County Attorney on a similar footing. Chairman Bird asked just what the footing of the County Administrator is, and Commissioner Eggert reread the following 38 clause: "In advance of each new fiscal year County Administrator shall discuss Administrator's performance and mutually agree on any salary increase, which increase shall become effective October 1 of each year." Commissioner Bowman clarified that clause to mean no cap and no percentage, and Commissioner Eggert agreed. Chairman Bird believed that clause was pretty open-ended, and he personally felt more comfortable with a cap and cost -of -living increase. Commissioner Eggert asked the Board members to remove the word "cap" from their minds. She stated this contract amendment would put him in a maximum pay rate and that is not a cap, in her definition of a cap. To her a cap means the job is worth a certain amount and he cannot earn any more than that amount, and her problem is that this is functioning like the pay grades all the other employees are in. He has put himself in that maximum pay grade and this goes up with interest, which is a different philosophy. Commissioner Eggert also pointed out her aim was to keep the personality out and gear the discussion to the job. She reported Jack Price had done a survey of administrators and county attorneys and other positions in that office to ascertain a general range and discovered it could be compared to judgeships which are capped and reinvestigated periodically, and decisions are made whether or not to adjust the cap. Commissioner Eggert felt Attorney Vitunac is placing himself in a maximum pay grade and, while there is nothing wrong with being like any other County employee, he is putting himself into that pot while Administrator Chandler and Liz Forlani are in another pot. Commissioner Eggert saw the professional relationships with the county attorney and with the county administrator as different when they should be the same; therefore, the same contract. Attorney Vitunac offered to delete paragraph one if the idea of a cap is a problem. His intent was to take less money than the contract presently authorizes. He would be happy with no merit raises, no automatic raises, nothing more than what the department heads receive. He had originally written this up so that he would get the cost -of -living raises the employees would get, but Commissioner Eggert pointed out that we may want to give the employees a higher cost -of -living raise at some time than we give department heads because a percentage raises more actual dollars on a higher salary. He agreed with that and, accordingly, whatever the Board decides department heads deserve is what he would take. 39 JUL 23 199' . Poor 83 pA6E. 23 1991 BOOK 83 PAL,E If the Board chose to tie that same right" to the County Administrator, that would put them in the same contract. Chairman Bird and Commissioner Wheeler agreed with Mr. Vitunac's proposal. Chairman Bird felt it would be better to leave paragraph one in the contract if the intent is to hold down the salary of this position. Attorney Vitunac left it up to the Board. He asked to change the "County employee" to "County department head." He wished his cost -of -living geared to the department heads, not the employees and not the Administrator. Discussion ensued regarding the present salary and department heads and professionalism with Commissioner Eggert stressing that she is not thinking about the person involved but rather the job. Commissioner Wheeler commented that he would not be opposed to Jim Chandler and Liz Forlani being under the same proposal as this because it is fair that they should be treated as County employees. They work directly for the Board but they are still employees of the County. Commissioner Eggert did not agree with that. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, Commissioners Eggert and Scurlock voting in opposition, the Board by a 3 to 2 vote, amended the employment contract between Indian River County, Florida and Charles P. Vitunac, leaving in paragraph one but changing $85,000 to $82,000 and agreeing to adjust this annually by the cost -of -living percentage given to County department heads. 40 ADDENDUM TO EMPLOYMENT CONTRACT BETWEEN INDIAN RIVER COUNTY, FLORIDA (hereinafter COUNTY) AND CHARLES P. VITUNAC (hereinafter ATTORNEY) The Employment Contract, dated this 12th day of July, 1985, by and between COUNTY and ATTORNEY, WITNESSETH THAT: A. The Employment Contract, which is attached hereto as Exhibit "A," is amended as follows: 1. The County Attorney's salary shall be capped at $82,000 for fiscal year 1991-92. This cap would be adjusted each year by a recognized and current cost -of -living percentage. 2. The County Attorney's salary beginning October 1, 1991, and each October 1 thereafter, shall be adjusted by the general cost -of -living percentage given by the Board of County Commissioners to County department heads, rather than by the percentage increase established by the State of Florida for the Board of County Commissioners. 3. The base number of vacation days to which the County Attorney shall be entitled annually shall be increased from 10 to 15. B. All other provisions of the agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and ATTORNEY have entered into this addendum on this 2 3 r dday of July , 1991. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Richard N. Bird Chairman SAID EMPLOYMENT CONTRACT, IN ITS ENTIRETY, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 41 JUL 23P39a T�q P3 BOOK 83F;!vL J Jt JUL 23 91 BOOK )G y ME P y"��- 3 �6e.J ELDRIDGE WHEELER V. IRC AND DOUGLAS N. HIGGINS. INC. The Board reviewed memo from Assistant County Attorney William Collins dated July 10, 1991: TO: The Board of County Commissioners FROM: LA) L William G. Collins II - Assistant County Attorney DATE: SUBJECT: July 10, 1991 Eldridge Wheeler v. Indian River County and Douglas N. Higgins, Inc. Indian River County is currently the defendant along with the Douglas N. Higgins, Inc. contracting company in a lawsuit claiming damage to Eldridge Wheeler's citrus grove caused by flooding. Higgins, the contractor on the Gifford sewer project, was purportedly digging a 17 -foot deep ditch which was filling with water from the water table. Higgins purportedly set up pumps to drain water from the ditch while pipe was being laid, which left 2 • feet of standing water for 5 or 6 days damaging plaintiff's fruit trees. The County was originally defended by the Florida League of Cities under prior insurance coverage. However, the insurance coverage does not • extend to inverse condemnation. However, insurance counsel evaluated the • cost to defend at $5,000.00 and the estimated verdict range between $6,000.00 - $10,000.00. k 5 The plaintiff has offered to settle for the amount of damages plus interest ($7,306.39). The plaintiff's attorney has agreed to waive his fees againstthe County in the interest of achieving a settlement. The insurance adjuster • for Douglas N. Higgins, Inc. has agreed to participate up to 50% of the • settlement amount. RECOMMENDATION: Approve the Agreement of Settlement as set forth between Eldridge Wheeler and Indian River County and Douglas N. Higgins, Inc. in the amount of $7,306.39. 2. Authorize the Chairman to execute the Agreement of Settlement and any necessary release forms in exchange for dismissal with prejudice of the suit. 3. Authorize payment of 50% of the settlement amount to: Eldridge Wheeler c/o Richard B. Candler, Esq. Smith, O'Haire, Quinn & Smith Trust Account 2205 14th Avenue Vero Beach, FL 32963 Funds in the amount of $3,653.20 to come from Fund No . M 7,- a /g-533' 093.1 as Indian River County's 50% contribution to settlement of the lawsuit. 42 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, Chairman Bird voting in opposition, the Board by a 4 to 1 vote, approved and authorized the Chairman to execute the Agreement of Settlement and any necessary release forms, and authorized payment of 50% of the settlement amount to Eldridge Wheeler, as recommended by staff. SAID AGREEMENT OF SETTLEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD Under discussion, Chairman Bird felt it was difficult to sit as judge and jury and to decide what the County's legal involvement might be, and $3,653.20 is not a big sum, but from the brief information he had received he found it hard to believe the County was negligent. Attorney Collins stated that it very well may be that we are not negligent but thought the cost of depositions and attorney's fees could cost more than the amount of the settlement. Commissioner Bowman felt anyone should be able to see that water two feet deep would kill trees. Commissioner Scurlock stated that we have resident inspectors on these projects; if this situation had been reported, it would have been remedied. Utility Services Director Pinto confirmed that, and assured the Board we are in the lawsuit because we disputed the allegations. He stressed that we in no way, shape or form are admitting guilt. Our intent is to avoid the cost of carrying this issue through the legal process. Mr. Pinto added that we did have inspectors on site, the owner was on site, and if there was a problem of pumping water, it would have been a very simple matter to remedy, but no complaint ever came through the utilities office. SPECIAL DISTRICTS 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. Those minutes are being prepared separately. 43 UL 231991 BOOK 6,3f,,,�E jUi 231991 BOOK f' GE d' There being no further business to come before the Board, on motion duly made, seconded and carried, the meeting adjourned at 10:45 o'clock A. M. ATTEST 44 Chairman