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HomeMy WebLinkAbout8/6/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, AUGUST 6, 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 2. INVOCATION - 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac County Attorney 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. B. Regular meeting of 7/2/91 Regular meeting of 7/9/91 7. CONSENT AGENDA A. Approval of Duplicate Tax Sale Certificate No. 1081, in the sum of $82.26 for Sam High B. Approval of Duplicate Tax Sale Certificate No. 1086, in the sum of $82.26 for Sam High C. Approval of Duplicate Tax Sale Certificate No. 1093, in the sum of $79.03 for Sam High D. Approval of Duplicate Tax Sale Certificate No. 1094, in the sum of $79.03 for Sam High AUG 6,1 Administrator Attorney the Board * * * * * * * r p,rr • AUG 6 1991 BOOK 83 F'AGE 969 7. CONSENT AGENDA (continued) : E. Approval of Duplicate Tax Sale Certificate No. 1516, in the sum of $99.07 for Sam High F. Approval of Duplicate Tax Sale Certificate No. 3321, in the sum of $239.64 for Sam High G. Approval of Duplicate Tax Sale Certificate No. 3673, in the sum of $400.23 for Sam High H. Received and placed on file in the office of Clerk to Board: Audit of the District School Board,Indian River County, for Fiscal Year Ended June 30, 1990 I. Resignation of Frances Harrison from Children's Services Committee (letter dated July 29, 1991) .1. Request approval for Liz Forlani to attend Assoc. of Records Managers & Administrators, Inc. (ARMA) Conf. (memorandum dated July 31, 1991) K. Bid Award: IRC 91-91 / Floating Mixer - Util. Dept. (memorandum dated July 30, 1991) L. IRC Bid 91-109 / Sale & removal of R.O. Train (memorandum dated July 22, 1991) M. Bid 91-112 / Silver Oaks Water Line Extension Util. Dept. (memorandum dated July 30, 1991) N. IRC Bid 91-113 / Labor Contract - Utilities Dept. (memorandum dated July 23, 1991) O. Information & Referral Directory - VB Main Library (memorandum dated July 30, 1991) P. Construction Management & Inspection Services - Indian River Blvd. Phase III (memorandum dated July 29, 1991) Q. Release of Easement Petition by: Martin & Mary Lou Dean, Jr. - Lot 4 & N 1/2 of Lot 5, JC Acres Sub. (memorandum dated July 18, 1991) R. Windsor Properties Inc.'s Request for Final Plat Approval for Phase II (memorandum dated July 29, 1991) S. Transfer of Grand Harbor Development Approvals (memorandum dated July 29, 1991) T. Modification to Developer's Agreement - CGN Subdivision (memorandum dated July 26, 1991) U. Request for Date of Public Hearing (memorandum dated July 30, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Madeline Kaye - request to be heard re: removal of barrier erected in County right-of-way (memorandum dated July 26, 1991) B. PUBLIC HEARINGS • AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE GLENDALE LAKES STREET LIGHTING DISTRICT (memorandum dated June 24, 1991) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Condemnation of Unsafe Structure Located at 4056 Old Dixie Highway (memorandum dated July 10, 1991) B. EMERGENCY SERVICES 1. Approval of Resolution Reauthorizing Imposition of Countywide E911 Fee (memorandum dated July 23, 1991) 2. Approval of Resolution Adopting the Indian River County Hazardous Materials Emergency Plan (memorandum dated July 25, 1991) 3. Approval of Resolution Adopting the 1991 County Peacetime Emergency Plan (memorandum dated July 25, 1991) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Continuance of Six Cent Local Option Gas Tax (memorandum dated July 24, 1991) 2. Request by Mr. Frank Sidoti to Accept Mainte- nance of a Portion of 107th St. - Fellsmere (memorandum dated July 26, 1991) 3. Agreement for Implementation of Rotational Impoundment Mgmt. Plan / Impoundment 22 (memorandum dated July 26, 1991) 800K 83 FAGE J AUG 1991 AUG 6 1991 BOOK 83 EAU J 71 11. DEPARTMENTAL MATTERS (continued): G. PUBLIC WORKS (continued): 4. Construction Materials Testing Indian River Blvd. Phase III (memorandum dated July 22, 1991) 5. Appraisal Services for Oslo Road/Old Dixie Highway Improvements (memorandum dated July 22, 1991) 6. Indian River Blvd. Phase III, IRC Bid 91-89 (memorandum dated July 24, 1991) 7. Indian River Blvd. Phase III - DER Permit # 311423739 / Long Term Agreement for Exotic Species Removal (memorandum dated July 29, 1991) H. UTILITIES 1. Request for Proposals for Updating of Existing Utility Master Plans (memorandum dated July 22, 1991) 2. North County Utilities (I.E., Removal of the City of Sebastian from the County Utility Service Area) (memorandum dated July 22, 1991) 3. 50th Court - Old Sugar Mill Estates Water Service (memorandum dated July 29, 1991) 4. Cash Maintenance Bond (memorandum dated July 30, 1991) 5. Blue Cypress Community Sewage Improvement (memorandum dated July 29, 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 Adoption of Resolution of I.R.C., Fla. creating an I RC Emergency Services District Advisory Committee 13. COMMISSIONERS ITEMS (continued): 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 7/16/91 2. IRC Bid #91-93 / Roll -Off Container Covers (memorandum dated July 29, 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. bO K 83 FAuE 1 Tuesday, August 6, 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, August 6, 1991., at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Margaret C. Bowman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; William G. Collins, II, Assistant County Attorney; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Dr. G. Julius Rice, Pastor, Community Church -United Church of Christ, gave the invocation, and Attorney Collins led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Eggert requested that the ribbon cutting cere- mony for the new County Health Building be added under her matters as Item 13D(2), and Chairman Bird wished to add under Proclamations and Presentation acknowledgement of a plaque received from the City of Sebastian. The Chairman later also requested the addition of a report on the Parks & Recreation Committee recommendations under his matters. ON MOTION by Commissioner .Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously added the items described above to the Agenda. PROCLAMATIONS AND PRESENTATIONS Chairman Bird informed the Board that we have received a plaque from the City of Sebastian acknowledging our support and contribution to their 4th of July celebration, and he would like to have Mrs. Forlani, the Board's Administrative Assistant, write them a letter expressing our thanks. BOOK 83 F'AUL AUG 61.9,1 r MIG 1991 BOOK 83i' FACE 74: ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously directed that a letter be sent to the City of Sebastian as suggested by Chairman Bird. APPROVAL OF MINUTES The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of July 2, 1991. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of July 2, 1991, as written. The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of July 9, 1991. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of July 9, 1991, as written. CONSENT AGENDA Chairman Bird advised that Attorney Collins wished Item S removed from the Consent Agenda for a correction. A„ B., C., D., E., F., & G. - Duplicate Tax Sale Certificates ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the issuance of the following listed Duplicate Tax Sale Certificates: Certificate No. 1081 to Sam High Certificate No. 1086 to Sam High Certificate No. 1093 to Sam High Certificate No. 1094 to Sam High Certificate No. 1516 to Sam High Certificate No. 3321 to Sam High Certificate No. 3673 to Sam High 2 - $82.26 - $82.26 - $79.03 - $79.03 - $99.07 - $239.64 - $400.23 H. Reports The following was received and placed on file in the Office of Clerk to the Board: Audit of the District School Board, Indian River County, for Fiscal Year Ended June 30, 1990. I. Resignation from Children's Services Committee The Board reviewed letter from Frances Harrison, as follows: THE TEACHER'S PLACE, INC. ..,:Child Care & Learning Center • 890 -6th Avenue 1 Vero Beach, Florida 32960 ;Telephone: 569-5820 .26 2 ....1284 '`y ;4 'v! `='�: i :,, : , _ DISTPICUTION LIST ... ,. v,'°o9�ocF.' '-'% • :� ' ., ; ...j.•;4. .. _ Comrn,ssicners ae�-. Pu • r''' s��FC ' cA °` ° , r • ' . JULY 29, 1991 ' Administrator kr , . � le/ 21l 0 6 J,�, Public Works 1:.4!;1.64,1.,, ' . ; . • • . Community Dev. Personnel `t: ^ 't ' , ..COMMISSIONER CAROLYN EGGERT Utilities Finance - `.'" BOARD OF COUNTY COMMISSION :;•1840 25TH ST. SUITE N-158 Other /% AUG CV J. Out -of -County Travel BOOK 83 FAGE ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved out -of -County travel for Executive Aide Liz Foriani to attend the Association of Records Managers and Administrators, (ARMA) in Orlando September 22-26, 1991. K. Bid #91-91 - Floating Mixer (Utilities) The Board reviewed memo from Purchasing Manager Boynton: DATE: July 30, 1991 j TO: BOARD OF COUNTY COMMISSIONERS THRU: Jams E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Sere' FROM: Fran Boynton, Purchasing Manager SIIBJ: Bid Award: IRC 91-91/Floating Mixer Utilities Department BACKGROUND INFORMATION: Bid Opening Date: May 15, 1991 Specifications mailed to: Three (3) Vendors Replies: One (1) Vendors VENDOR BID TABULATION Aqua Aerobic Systems "'$11,309.15 Rockford, I11 TOTAL AMOUNT OF BID: BUDGETED AMOUNT: $11,309.15 $12,000.00 SOURCE OF FUNDS: Sewer Utilities Sewage Plant Maintenance Funds. RECOMMENDATION: M ENDATION: Staff recommends that the bid be awarded to Aqua Aerobic Systems as the sole bidder meting technical specifications as set forth in the invitation to bid. This piece of equipment is very specialized in the maintenance of sewage treatment plants. Three manufacturers could bid on the unit, but when contacted, distance and campetitive bidding was a deciding factor as freight charges would have to be added into their price. Aqua Aerobic Systems was the closest to Indian River County. 4 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously awarded Bid #91-91 to the sole bidder Aqua Aerobic Systems in the amount of $11,309.15 for a floating mixing unit for the West Regional Wastewater Plant as recommended by staff. L. Bid #91-109 - Sale & Removal of R.O.Train The Board reviewed the following memos from staff: DATE: TO: THRU: July 22, 1991 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi 'FROM: Fran Boyntop, Purchasing Manager SUBJECT: IRC Bid #91-109 Sale and Removal of R.O. Train BACKGROUND INFORMATION: Bid Opening Date: June 26, 1991 Specifications mailed to: Four (4) Vendors Replies: ' Y.,r,°;; One (1) Vendor BID TABULATION Hydropro, Inc $600.00 North Palm Beach, ' Fl TOTAL AMOUNT OF BID: $600.00 :RECOMMENDATION: Staff recommends that the bid be awarded to Hydropro, Inc as the sole bidder for this sale. (See attached memo.) • • DATE: TO: ':' JULY 9, 1991 i.FRAN BOYNTON PURCHASING MANAGER DIRECTOR OF UTIL11:2SERVICES TERRANCE G. PINTS NOEL J. McMAHON =;. ENVIRONMENTAL SPEC A ST DEPARTMENT OF UTILITY SERVICES • SUBJECT: BID TITLE: SALE AND REMOVAL OF R.O. TRAIN BID NO. 91-109 The R.O. train that was removed from the North Beach Water Plant was offered for sale on the subject bid. The manufacturer of the membrane that is used in the R.O. train has gone out of business. Since there was only one bid for this surplus equipment, the Department of Utility Services recommends that the bidder, Hydropro, Inc., be awarded the contract. Please prepare the report to be scheduled on the Board's agenda. 5 AUG I BOOK 83 F,1�[ 7 Pr - ?MG 619911 BOOK 83 FACE 978 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously awarded Bid #91-109 for sale and removal of R. O. Train to the sole bidder Hydropro, Inc. in the amount of $600 as recommended by staff. M. Bid #91-112 - Silver Oaks Water Line Extension The Board reviewed memo from Purchasing Manager Boynton: DATE: July 30, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Service FROM: Fran Boynton, Purchasing Manager SUBJ: 91-112/Silver Oaks Water Line. Extension Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION: Carbec Construction Orlando, Fl.- AMDA Enterprises Longwood, F1 Ted Myers Winter Beach, Fl TOTAL AMOUNT OF BID: BUDGETED AMOUNT: SOURCE OF FUNDS: RECOMMENDATION: July 19, 1991 Twenty -One (21) Vendors Three (3) Vendors TOTAL LUMP SUM $ 16,726.00 $ 19,240.00 $ 27,776.36 $ 16,726.00 $ 23,989.00 Silver Oaks Water Main Extension Impact Fees Staff recommends that the bid be awarded to Carbec Construction as the lowest, most responsive, responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests the Board's approval for the attached agreement when all requirements are met and approved as to form by County Attorney. 6 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously awarded Bid #91-112 to Carbec Construction as the lowest, responsive, responsible bidder meeting specifica- tions, in the amount Water Main Extension to execute agreement are met and approved of $16,726 for the Silver Oaks and also authorized the Chairman with same when all requirements as to form by the County Attorney. SAID AGREEMENT WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED.0 N. Bid #91-113 - Labor Contract/Utilities Dept. The Board reviewed memo from the Purchasing Manager: DATE: TO: THRU: FROM: SUBJECT: July 23, 1991 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servic Fran Boynton,. .Purchasing Manager IRC Bid #91-113/Labor Contract Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: VENDOR Driveways, Inc Titusville, Florida A.O.B. Underground West Palm Beach, Florida AMDA Enterprises Longwood, Florida JoBear Palm Bay, Florida TOTAL AMOUNT OF BID: July 25, 1991 Four (4) Vendors Four (4) Vendors HYPOTHETICAL PROJECT COST (see attached list) $175,308.10 $188,598.20 $250,522.00 $331,711.50 $175,308.10 SOURCE OF FUNDS: Water Utilities Other Improvements Buildings Funds. BUDGETED AMOUNT: $337,000.00 Except RECOMMENDATION: Staff recommends that the bid be awarded to Driveways, Inc. as the lowest, most responsive and responsible bidder meeting the specifications for the subject contract. (See attached memo). 7 AUG 6 1991 BOOK 83 f',9,€ j AUG '9 BOOK 83 PAGE 950 .DATE: : JULY 22, 1991 • . TO: FRAN BOYNTON - PURCHASING MANAGER TERRANCE G. PIN • / DIRECTOR OF UTILITY :FROM: .NOEL J. McMAHONA/at - -'ENVIRONMENTAL SPECIA -DEPARTMENT OF UTILITY • ...SUBJECT: • , ; VICES ST SERVICES BID NO. 91-113/LABOR CONTRACT The subject bid opening date was July 17, 1991; only four (4) bids were received. There were 118 line items in the bid. Driveways, Inc., has 69 line items that were the lowest or tied for lowest. Driveways, Inc., had 30 line items that were second lowest or tied for second lowest items. Driveways, Inc., had the largest number of lowest priced line items than any other of the three bidders. The Department of Utility Services recommends that the bid be awarded to Driveways, Inc., as the lowest most responsive and responsible bidder meeting the specification for the subject contract. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously awarded Bid #91-113 to the low bidder, Driveways, Inc., for a Labor Contract for the Utilities Department in the amount of $175,308.10, as recommended by staff per the following list of items: tipw Ar° ) / 4,6L ) e4ex_ / n A') 4! / ITEM AMDA A.O.B. DRIVEWAYS JUCI:Ar ' MOBILIZATION - % 12.50 7.00 PERFORMANCE BOND - % 2.62 2.50 2" WATER MAIN - PVC 3.00• 1.50 2 112" WATER MAIN - PVC 3.00 1.75 3".WATER MAIN - PVC 3.00 2.00 4" WATER MAIN - PVC 3.10 2.00 6" WATER MAIN - PVC 3..20 2.00 8" WATER MAIN - PVC 4.60 ' 4.00 10" WATER MAIN - PVC 6.25 5.00 12" WATER MAIN - PVC 7.50 5.00 16" WATER MAIN PVC .. 9.20 8.00 '3" WATER MAIN - DUCTILE 3.50 2.25 4" WATER MAIN.- DUCTILE 3.60 2.25 6" WATER MAIN - DUCTILE 4.75 2.25 8" WATER t1AIN DUCTILE 6.10 4.25 10" WATER MAIN.- DUCTILE 7.75 5.75. '12" WATER MAIN - DUCTILE 9.10 6.00 16" WATER MAIN - DUCTILE 10.00 9.00 TIRE HYDRANT 368.00 325.00 SHORT SERVICES 1" SINGLE 0.50 15.00 SHORT SERVICES 1.5 SINGLE 0.75 15.00 SHORT SERVICES 2" SINGLE 10.20 15.00 SHORT SERVICES 1" DOUBLE 9.40 15.75 SHORT SERVICES 1.5 DOUBLE 9.70 15.75 SHDRT SEP.VICES 2" DOUBLE 12.00 15.75 LONG SERVICES 1" SINGLE 6.00 3.75 LOND SERVICES 1.5 SINGLE 13.20 3.75 LONG SERVICES 2" SINGLE. 15.02 3.75 LONG SERVICES 1" DOUBLE 14.00 4.25 LONG SERVICES 1.5 DOUI:LF' 15.10 4.21 LUNG SERVICES 2" DOUBLE 16.92 4.21 DUCTILE IRON FITTINGS 4" 18.00 25.00 " 6" 22.00 35.00 " 0" 26.00 50.00 " 10" 32.00 /.s . 00 " 12" 36.00 05 00 " 16" 40.00 110.00 DUCTILE IRON NJ PLUGS 4" 16.00 25.00 " 6" 18.00 35.00 '" 8" 27.00 50.00 to 10" 36.00 65.00 " - 12" 44.00 05.00 to 16" 50.00 110.00 INSTALL RESTRAINERS- 12" 22.00 75.00 ft 16" 28.00 115.00 TAPPING SLEEVE/VALVE 4" 118.00 100.00 " 6" 126.00 210.00 " O" 140.00 270.00 'i 10" 172.00 290.00 TAPPING FES 4" 403.00 140.00 TAPPING FEE 6" 460.00 150.00 TAPPING rEE 8" 475.00 220.00 TAPPING 1'EE 10" 575.00 200.00 INSTALL VALVES 4" 1s1.00 75.00 It 6" 20.00 15.00 ft 8" 24.00 105.00 " 10" 30.00 125.00 " 12" 51.00 145.00 " 16" 64.00 • 160.00 9 AUG 6 iggi 10.00 3.00 2.45 `.45 2.45 2.45 2.40 2.75 2.90 3.30 4.00 3.25 3.75 3.05 3.95 5.10 6.75 7.95 150.00 4.00 2.00 2.00 6.00 4.00 4.00 2.00 2.00 2.00 4.00 4.00 1.00 21' 00 22.00 25.00 30.00 91.00 45.00 10.00 10.00 15.00 15.00 10.00 220.00 40.00 •40.00 127.00 127.00 140.00 150.00 425.00 425.00 425.00 425.00 251.0 0 :10 00 35.00 40.00 45.00 50.00 3.00 1.50 3.00 3.00 3.00 4.00 1.50 4.75 '5.00 • 7.00 0.50 3.00 4.00 4.50 4.75 5.00 7.00 0.50 550.00 20.00 20.00 22:00 P2.00 02 (,n '21.:'0 7.15 7.15 7.65 9. 15 0:1.5 8.65 40.00 65.00 00.00 125.00 250.00 375.00 40.00 65.00 80.00 125.00. 200.00 275.00 35.00 50.00 500.00 500.00 550.00 600.00 200.00 250.00 275.00' 300.00 _100.00 125.00 175.00 200.00 250.00 450.00 ° BOOK 8 f'AU,E , AUG(6 191 ITEM JACK 6 BORE Mark-up - 1 Tie-in to PLUG or VALVE Plug nr Cap ABANDONED LN Excavation per Hour SAMPLE POINT 2" BLOWOFF TEMPORARY 2" BLOWOFF PERMANENT 0" GRAVITY SEWER 4' DEEP 0" GRAVITY SEWER 8' DEEP 8" GRAVITY SEWER 12' DCEP 8" GRAVITY SEWER 16' DEEP 10" GRAVITY SEWER 4' DEEP 10" GRAVITY SEWER 8' DEEP 10" GRAVITY SEWER 12'DEEP 10" GRAVITY SEWER 16'DEEP SINGLE LATERALS SINGLE LATERALS SINGLE LATERALS SINGLE LATERALS DOUBLE LATERALS DOI.IBLE LATERALS LM1UDLE LATERALS DOUBLE LATERALS T.V. SETUP FORCE MAIN -PVC 4'DEEP/ft 8'DEEP/ft 12'DEEP/f 16'DEEP/f 4'DEEP/rt 8'DECP/rt 12'DEEP/r 16'DEEP/f FORCE MAIN --DUCTILE 3'1 11" 6" 8" 10" 12" 16" 3" 4" 6" 8" 10" 12" 16" SOD - PER iQ YD SECO S MULCH PER SQ YD PAVEMENT PER SQ YD CONCRETE ROADS PER SQ FT CONCRETE SIDEWALK / SQ FT VALVE.20X in PAVEMENT VALVE BOX in DIRT • MAST BLOCKS PER CU YD BACKFILL PER CU YD MARK-UP ON MANHOLES X MANHOLES 4' DEEP MANHOLES 8' DEEP MANHOLES 12' DEEP MANHOLES 16' DEEP MANHOLES 20' DEEP ITEM HARDSHIP PER CU YD CLEARING PER Sq YD STUMP REMOVAL PER INCH TREE REMOVAL PER INCH SETUP DEWATERING DEWATEI1ING PER LN . T'T . / 100 TOTAL HYP. PROJECT AMDA 15.00 124.00 62.00 50.00 64.00 72.00 59.00 6.00 6.00 9.00 14.75 7.50 8.45 10.30 15.65 • 5.80 6.85 9.45 14.24 6.60 8.05 12.35 16.50 690.00 3.40 4.00 4.45 4.90 5.40 6.70 8.05 3.95 4.65 5.10 5.55 5.95 8.10 9.95 2.00 0.54 10.90 1.65 1.50 54.00 20.00 75.00 4.90 15.00 320.00 400.00 927.00 151''.00 2246.00 AMDA 140.00 0.40 4.25 42. 29.10 250322.00 10 4 BOOK 3 PAGE 132 A.0.B. UrtIVEWAYS 10.00 125.00 150.00 140.00 90.00 140.00 90.00 5.00 11.00 14.00 10.00 5.00 11.00 14.00 10.00 4.00 9.00 13.00 10.00 4.50 9.50 13.50 10.50 900.00 9.00 3.50 • 4.50 5.25 6.50 8.00 9.50 3.25 3.75 4.75 5.50 6.75 8.25 9.75 1:45 0.33 20.00 3.75 1.90 60.00 35.00 70.00 5.50 4.00 200.00 250.00 400.00 600.00 750.00 A.O.B. 0.10 1.75 20.00 25 250.00 7.00 100590.20 16.00 100.00 50.00 75.00 50.00 50.00 50.00 5.75 6.75 9.50 11.00 6.00 7.00 10.50 12.50 5.75 6.75 9.50 12.50 6.25 7.25 10.00 12.75 25.00 2.45 2.45 2.50 2.75 2.90 3.30 4.00 3.25 3.75 .3.25 3.95 5.10 6.75 7.95 2.90 0.45 17.75 2.25 2.15 50.00 35.00 100.00 6.50 16.00 135.00 150.00 195.00 275.00 350.00 DPIVGWAY5 100.00 1.00 12.50 20 300.00 0.00 175300.10 JUGCAR 15.00 200.00 150.00 75.00 100.00 100.00 175.00 0.50 12.50 21.00 35.00 3.75 12.95 22.00 37.00 2 00 .00 200.00 275.00 315.00 250.00 250.00 ' 275.00 315.00 450.00 4.00 4.00 4.50 4.75 5.00 7.00 8.50 4.00 4.00 4 50 4.75 5.00 7.00 8.50 1.25 0.27 20.00 2.50 1.65 150.00 50.00 100.00 6.00 15.00 450.00 550.00 750.00 1200.00 2500.00 • JCEEAR 20.00 _ 2.00 10.00 15 1000.00 20.00 331711.50 0. information & Referral Directory - Main Library The Board reviewed memo from the Purchasing Manager: DATE: July 30, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran Boynton, Purchasing Manager SUBJ: Information and Referral Directory Vero Beach Main Library BACKGROUND INFORMATION: On an annual basis, the Vero Beach Library has 2,000 copies of an Information and Referral Directory printed for distribution to various agencies. This directory is printed in cooperation with the Indian River County Council of Community Services, the Senior Coalition of Indian River County and the North Indian River County Library. Historically the printing of this directory has cost the County less than $5,000.00. ANALYSIS: The Library prepared a written quotation outlining the specifica- tions and mailed it to fifteen (15) of our local printers requesting quotations. Thirteen (13) vendors submitted a response with prices ranging frau $5,803.00 to $11,003.47. (Exhibit A). SOURCE OF FUNDS: Information and Referral Grant Funds. FUNDS AVAILABLE: $8,511.00 RECOMMEN1DATION: I have reviewed the written quotations submitted and recommend that the Board waive the legal advertising requirements for any purchase over $5,000.00 and accept the low bid of $5,803.00 sub- mitted by Coastal Graphics. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously waived the legal advertising requirements for any purchase over $5,000 and accepted the low bid Coastal Graphics for the information and referral directory for the Main Library in the amount of $5,803 as recommended by staff. 11 AUG 6 1911 BOOK 83 f GE 3c) Fr" AUG 6 1999 BOOK 83 PAGE b'S4 P. Construction Mgmt. & Inspect. Services - I.R.BIvd. Phase. Ill The Board reviewed memo from Capital Projects Manager Terry Thompson, as follows: TO: James E. Chandler, County Administrator THROUGH: Roger D. Cain, P.E. County Engineer FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Consent Agenda Construction Management and Inspection Services Indian River Boulevard Phase III DATE: July 29, 1991 DESCRIPTION AND CONDITIONS At the meeting of July 9, 1991, the Board of County Commissioners authorized. staff to prepare an amendment to Boyle Engineering's contract for Construction Administration Services to increase full-time on-site resident inspection from the initial six months of construction to the full twelve month construction period. The attached Amendment No. 7A provides for Construction Administration Services and Resident Project Representative ;Services for the full twelve month construction period at a cost not -to -exceed $163,350. RECOMMENDATIONS AND FUNDING 'Staff recommends that the County execute the attached ,agreement with Boyle Engineering Corporation. Funding to be :from Fund 309 -Indian River Boulevard North. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved Amendment No. 7A to Professional Engineering Services Agreement with Boyle Engineering Corporation as recommended by staff. SAID AMENDMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 12 Q. Release of Easement - J. C. Acres Subdv. (Martin Dean, Jr.) The Board reviewed memo from Code Enforcement Officer Heath: TO: :THROUGH: FROM: SUBJECT: • James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: Obert M. Reat]. g, P Community Developm Director --0517 Roland DeBlois, AICP Chief, Environmental Planning & Code Enforcement Charles W. Heathe.W. (4. Code Enforcement Officer July 18, 1991 RELEASE OF EASEMENT PETITION BY: Martin & Mary Lou Dean, Jr. • Lot 4 & N 1/2 of Lot 5, J.C. Acres Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 06, 1991. DESCRIPTION AND CONDITIONS: The County has been peZationed by Martin and Mary Lou Dean, Jr., the owners of the subject property, for the release of the common three (3) foot side lot utility easements of Lot 4 and the northerly one-half (1/2) of Lot 5, J.C. acres Subdivision. It is the petitioners' intention to construct a single-family residence on the subject property. The current zoning classification of the subject property is RS -3, Single -Family Residential District. The Land Use Designation is L- 1, allowing up to three (3) units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company, Florida Power & Light Company, United Artist Cable Corporation, the Indian River County Utilities Department and the Road & Bridge and Engineering Divisions. Based upon their reviews, it was determined that there would be no adverse impact to utilities being supplied to the subject property by the release of the easements. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolution, the release of the common three (3) foot side lot utility easements, being the southerly three (3) feet of Lot 4, and the northerly three (3) feet of the northerly one-half (1/2) of Lot 5, J.C. Acres Subdivision, as recorded in Plat Book 5, Page 13; Section 20, Township 32 East, Range 39 South, as recorded in the Public Records of Indian River County, Florida. 13 AUG 6 1991 EOf1K8 F'a�r.'.�J�. 16 6 1991 • BOOK 83 FALL 98e ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Resolution 91-86 abandoning certain easements in the J. C. AcresSubdivisionas requested by Martin and Mary Lou Dean, Jr. RESOLUTION NO. 91-86 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE J.C. ACRES SUBDIVISION, LOTS 4 & N 1/2 OF LOT 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 13 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners,of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Martin & Mary Lou Dean, Jr. their successors -in interest, heirs and assigns, whose mailing address is 847 4th Lane, Vero Beach, Florida 32962,Grantee, as follows: Indian River county does hereby abandon all right, title, and interest that it may have in the following described easements: the common three (3) foot side lot utility easements of Lot 4 and the northerly one-half (1/2) of Lot 5, J.C. Acres Subdivision, being the southerly three (3) feet of Lot 4, and the northerly three (3) feet of the northerly one- half (1/2) of Lot 5, according to the plat thereof as recorded in Plat Book 5, Page 13 of the Public Records of Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded•by Commissioner Wheeler , and adopted on the 6th vote: day of August 14 ,•1991, by the following Commissioner Richard N. Bird Commissioner Gary C. Wheeler Commissioner Carolyn Eggert Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Aye yA e Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th , day of August ,. 1991. BOARD OF COUNTY COMMISSIONER OF INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman R. Final Plat Approval - Windsor Properties Phase 11 The Board reviewed memo from Senior Planner John McCoy: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. King, AICP Community Development Director THROUGH: Stan Boling;CP Planning Director FROM: John W. McCoy, AICP ,/,(01A Senior Planner, Current Development DATE: July 29, 1991 SUBJECT: Windsor Properties Inc.'s Request for Final Plat Approval for Phase II It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 6, 1991. DESCRIPTION AND CONDITIONS: On March 27, 1990, the Board of County Commissioners granted conceptual special exception approval to the Windsor development (replaced original conceptual plan approved in 1988) to construct a residential recreational community on 405 acres approximately 1 miles north of the C.R. 510/S.R. A.1.A. intersection. Subsequently, on March 14, 1991, the Planning and Zoning Commission granted preliminary PRD plat approval for Phase II, a 14.89 acre portion of the overall project. The applicant has now submitted for final plat approval for a 9.71 acre portion of the approved Phase II preliminary PRD plat area. The 9.71 acre phase, now to be known as the Phase II plat, includes 24 lots and two tracts. The remaining portion of. the Phase II preliminary plat area will be "final platted" at a later date. All portions of the Phase II final plat will fit into and connect with the existing Phase I plat area. fp 15 BOOK (jj PACE :3 d AUG 6 i • BOOK 83 F'd,uE 8 • ANALYSIS: The owner's agent, McQueen and Associates, Inc. is now requesting final plat approval for a portion of Phase II and has submitted the following: 1. A final plat in conformance with the approved preliminary PRD plat; 2. A completed Contract for Improvements; 3. An Engineer's Certified required improvements. 4. An appropriate security arrangement acceptable to the County Attorney's Office; Construction of Remaining Required Cost Estimate for the remaining ANALYSIS: None of the required subdivision improvements have been constructed. The applicant is proposing to "bond -out" for the required subdivision improvements as provided for in the County's Land Development Regulations. The County Attorney's Office has reviewed and approved the submitted Contract for Construction, and the letter of credit. The Public Works and Utilities departments have reviewed and approved the submitted Engineer's Certified Cost Estimate and corresponding letter of crddit amount. It should be noted that all improvements within Windsor will be private, with the exception of certain utilities facilities that will be dedicated to Indian River County, as approved by the Utilities Department. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Grant final plat approval for the ± 9.71 acre Windsor Phase II plat; and . Authorize the Chairman to execute the submitted Contract for Construction of Remaining Required Improvements and accept the letter of credit that secures the contract. • ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously granted final plat approval for the Windsor Phase II plat and authorized the Chairman to execute the Contract for Construction of Remaining Required Improvements and accept the letter of credit. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 16 S. Transfer of Grand Harbor Development Approvals The Board reviewed memo from Assistant County Attorney Collins, as follows: TO: The Board of County Commissioners FROM: bV(, William G. Collins II - Assistant County Attorney DATE: July 29, 1991 SUBJECT: Transfer of Grand Harbor Development Approvals Attached you will find a resolution approving the transfer of the DRI approval for Grand Harbor. The resolution accepts the "Notice of Transfer and Assumption of Development Order Approvals and Obligations", which is attached as an exhibit to the resolution. River Harbor, Inc. has transferred the Grand Harbor development to GHA Grand Harbor, Ltd. RECOMMENDATION: Approve the attached resolution consenting to transfer the development approvals and obligations. Attorney Collins informed the Board that the proposed Resolution should have included Resolution 89-80 in the list of those Resolutions by which the Development Order has been amended. He just wished the Board to be aware that Resolution number now has been added to the document they are being asked to approve. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved as amended Resolution 91-87 consenting to the transfer of the DRI approval for Grand Harbor. RESOLUTION NO. 91- R7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONSENTING TO THE TRANSFER OF THE APPROVAL OF THE GRAND HARBOR DEVELOPMENT OF REGIONAL .IMPACT PURSUANT TO SECTION 4 OF RESOLUTION 85-128 FROM RIVER HARBOR, INC. TO GHA GRAND HARBOR, LTD. WHEREAS, the Board of County Commissioners of Indian River County, Florida, adopted Resolution 85-128 on October 23, 1985, approving the Development Order for the Grand Harbor Development of Regional Impact located in Indian River County, Florida; and WHEREAS, such .-Development Order has' been subsequently amended by Resolutions 86-4, 86-89, 86-108, 87-147 and 89-80, and all such amendments are on file with the Clerk of the Board of County Commissioners of Indian River County, Florida; and 17 Poor 8 3 [ d (-1 � AUG -19'91 Pr— AUG 61991 4.0 BOOK~fcc u PAGE WHEREAS, the former developer - of the project now desires to transfer arid convey to GHA Grand Harbor, Ltd. all of its interest in the project and all approvals as they exist with Indian River County including, but_not limited to, the Development Order as amended, all PRD, zoning, site plan subdivision; and all other approvals; and WHEREAS, the successor in interest has, pursuant to Section 4 of Resolution 85-128, assumed in a form acceptable to the County Attorney any and all applicable commitments, responsibilities, and obligations pursuant to the Development Order, including all special conditions of site plan approval, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: • • 1. Notice of TranAfer of all of the subject property has been properly filed with the Indian River County Board of County Commissioners prior to the transfer, and 2. The transferee, GHA Grand Harbor, Ltd., has properly assumed in writing in a form acceptable to the County Attorney, any and all applicable commitments, responsibilities, and obligations pursuant to the Development Order by virtue of the attached "Notice of Transfer and Assumption of Development Order Approvals and Obligations", and 3. The Board consents to the transfer, and the Clerk to the Board of County Commissioners is authorized to file the attached "Notice of Transfer and Assumption of Development Order Approvals and Obligations" in the minutes of the' County Commission. The foregoing resolution was offered by Commissioner Eggert , and 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 Ay e Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of August, 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /G�-/ei(�.-d���t1 Richard N. Bird, Chairman RESOLUTION 91-87 W/ATTACHED "NOTICE" IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 18 CIO T. Modification to Developer's Ag The Board reviewed memo from reement - CGN Subdivision Attorney Collins: TO: The Board of County Commissioners FROM: L William G. Collins II - Assistant County Attorney DATE: July 26, 1991 SUBJECT: Modification to Developer'! Agreement - CGN Subdivision • Indian River County and the Developers of CGN Subdivision, a commercial medical subdivision north of 37th Street, entered into a Developer's Agreement dated June 5, 1990 relating to the construction of traffic improvements (left -turn lane off 37th Street onto 12th Court) . On July 11, 1991 the Planning and Zoning Commission recommended modification of the agreement to extend the time for construction of the turn lane, subject to the approval of the Public Works Department. • The modification allows an extension of time for construction of the turn lane. Construction must be commenced by March 1, 1992 so that construction may be completed by July 1, 1992. RECOMMENDATION: Approve the attached Modification to Developer's Agreement with CGN Subdivision. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved Modification to Developer's Agreement with CGN Subdivision. TWO ORIGINALS ON FILE IN THE OFFICE OF CLERK TO THE BOARD - ONE W/SIGNATURE OF VIRGINIA W. RUSSELL FOR DEVELOPER & THE OTHER W/ALL REMAINING SIGNATURES FOR DEVELOPER. U. Request for Date of Public Heating by Sheriff The Board reviewed memo from Asst. County Attorney O'Brien: 19 AUG C H Boor 8:3l,,l,E j1 AUG 6IL BOOK 83 PAGE ads' TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: July 30, 1991 RE: REQUEST FOR DATE OF PUBLIC HEARING 0 The Sheriff has requested that this office prepare the attached ordinance which should assist the Sheriff in the war on drugs. A similar ordinance was upheld in the Second Circuit (see attached news- paper article) . • The County looked at a different approach to the problem in 1989 when it considered and rejected the establishment of a "Drug Nuisance Abate- ment Board". It was apparently felt that the primary impact of "Board" action would be against the innocent property owner rather than the seller. A copy of the County's letter to the Sheriff is attached for ease of reference. The thrust of the "loitering in drug area" ordinance would be directed to the illegal seller and buyer -of the controlled substances. A date of August 27, 1991 is suggested for a public hearing. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously authorized staff to advertise a public hearing to be held on August 27, 1991 on the proposed "loitering in drug area" ordinance. DISCUSSION OF REMOVAL OF BARRIER IN COUNTY R/W (MADELINE KAYE) The Board reviewed memos from Attorney O'Brien as well as memo from Public Works: TO: James E. Chandler, County Administrator ATTN: Margaret Gunter, Administrative Secretary FROM: _ Terrence P. O'Brien, Assistant County Attorney DATE: July 26, 1991 SUBJECT: MATTERS BY PUBLIC - IRC AGENDA 8/6/91 Madeline Kaye has requested to be placed on the Agenda for August 6, 1991. This concerns the removal of a barrier she erected in County right-of-way. Back-up is attached. 20 BOARD OF COUNTY COMMISSIONERS' 1810 251h Sl"reel, Vero' Beach, Florida 32960 Telephone: (407) 567-8000 Sinton:: 221-1124 Ms. Madeline Kaye July 24, 1991 Post Office Box 217 Roseland, FL 32957 Dear Ms. Kaye: It has come to the attention of the County that you may have erected a barrier in County road right-of-way. The barrier in question is located adjacent to your property on the street known es 78th Avenue (Williams Street) which is a platted road right-of-way that is 35 feet wide and runs along the south boundary of A.A. Berry Subdivision and Roseland Lake No. 2 Subdivision. If you have, In fact, placed a barrier in the County road right-of-way, it is to be removed immediately. If you are not responsible for the barrier please let me know at your earliest convenience so that the County may remove the barrier. To obstruct or close a County road right-of-way without County authority is a serious matter and it can result in the imposition of fines, other sanctions arid the requirements to pay attorney fees and court costs. CHARLES P. VITUNAC C.any Anatomy WILLIAM O. COLLINS 11 Aw. co.n., Ana.nee SHARON PHILLIPS BRENNAN Ant Cea.ap Attorney Very truly yours, Thrrence P. O'Brien Assistant County Attorney DATE: TO: July 9, 1991 • William G. Collins, II, County Attorney's Office FROM: •. W. A. "Bill" Meager, Construction Coordinat SUBJECT: Blocked Right of Way Memorandum to James W. Davis, Public Works Director, • dated July 5, 1991. le9Z5Zvi�L�� In response to your questions stated in the referenced memorandum; ,-Please note the following: 1) There have been no permits issued for this closing. If the County Engineering Department authorizes a road closing, it would be in direct connection to a utility project, road construction project, or right of way clearing project and authorized by both the Engineering Department and Traffic Engineering. Such authorization is limited to a short period of time and rarely exceeds eight to twelve hours in any given day. Any other road closing requests must be authorized through the Board of County Commissioners. 2) The street known as 78th Avenue (Williams Street) is a platted road right of way that is 35 feet wide and runs along the south boundary of A. A. Berry Subdivision and Roseland Lake No. 2 Subdivision. The County currently has a maintained drainage swale system located within 78th Avenue right of way as shown on the attached map. All other areas of this right of way are not currently maintained. 3j Yes. According to the attached schedule for the proposed right of way ordinance, I believe Section 310.06 (1) (2), (6), (c), and (g) could apply. If you have any further questions in regard to this matter, contact me at extension 280. I would like to discuss it. 21 ie'` BOOK 8'3 FA:A: Mi° 619 BOOK 83 FACE ;90 Madeline Kaye, 7840 128th Court, Roseland, came before the Board and noted that she had a copy of her deed with her and also has her survey, which she submitted for the Board to review. Ms. Kaye advised that the reason she blocked off the road was because for 4 months she and the lady who lives with her were harrassed and verbally abused by the people who rented across from them and who were drag racing and revving the motor of their pickup truck, and making rude gestures, using profanity, etc. Their 4 -wheeler actually jumped the barricade. Ms. Kaye advised that since the woman who lives with her has angina and cannot tolerate this kind of upset, she talked to Public Works Director Jim Davis, who verbally gave her permission to close the road. She told him that she would open it after all this was over with. Ms. Kaye further noted that whenever the County comes down to clean the ditch behind her, they will not go on the other side of what they say is a 35' easement to clean the culvert on that side because they say it is her private property; so she wants to know just whose property it is. None of this makes sense to her, and no one is ever in the Code Enforcement Office to answer anything. Ms. Kaye informed the Board that the barricade has been taken away since she heard from Attorney O'Brien, and she would like to have the road maintained. There is no barricade, but she does have posters on her fence because she doesn't need the drag racing. These posters just say "No Trespassing," and these are on her fence, and it is her property. Commissioner Scurlock believed that if the barricade is down, then there is no action being requested of the Board as far as fines, etc., but apparently Ms. Kaye is indicating that she would like some action from the County in regard to maintaining the ditch. Ms. Kaye stated that the ditch alongside of there that they call the right-of-way is only 2i' deep, and she gets flooded from that because she has a pond behind her that is about 60' deep, and she is clearing off the water from everyone's land and then they dug a culvert to drain off from Powerline. Commissioner Scurlock wished clarification. He believed Ms. Kaye barricaded 78th Avenue, and along that road is a ditch; he wished to know if that is the ditch she would like to have cleaned. Ms. Kaye confirmed that it is. Commissioner Bowman believed that ditch is part of the R/W, and Administrator Chandler noted that he was not aware there was a problem with the ditch and would like to take a look at it. Ms. Kaye then referred to the "swale" between Powerline and 128th Court, which runs in the middle of the property line and emphasized that it is not even maintained, and that so-called 22 "swale" is a ditch which takes up more of that 35' easement there to Powerline. She felt that was unnecessary and noted they left a narrow road to get to Powerline, and the person who owns that corner property gave her permission to go through. She is the one who has maintained that road nobody else- and she does not maintain it for a dragrace or profanity. Chairman Bird suggested that we have the Administrator send staff members out to look into this situation. Commissioner Bowman felt that the County needs to look at Ms. Kaye's deed. Attorney Collins advised that there is a statement on the face of the deed which says it is subject to a 35' easement for public utilities and road R/W. WFhen the subdivision was platted, there was a 35' R/W dedicated, but it has never been up to county standards and it (the road) has never been accepted for mainte- nance; although, the county has done some maintenance of the swale along the road. Commissioner Wheeler asked if we are not maintaining the road, and Ms. Kaye stated that the County is not and further claimed that she personally put in $4,000 worth of sand to build that road and also put in a culvert so the fire department could get through. Attorney Collins pointed out that there are platted roads in this county which are only paper streets and have trees growing in them, but when a road is dedicated to the public, it is available for people to pass over it, and they have a right to walk down it whether or not it is up to county standards. Ms. Kaye felt they do not hake a right to use it and be abusive, and Attorney Collins stated that is a matter for the Sheriff. Commissioner Wheeler asked why the County couldn't barricade the road, and Commissioner Scurlock noted that another option is to abandon our right to that road. He felt if it is not an easement, and we are not maintaining it, and it doesn't service anyone but Ms. Kaye, it may be logical to abandon it. Attorney Collins agreed that could be done, but that would require a formal public hearing process. Administrator Chandler believed that at this time, the road in question is simply a paper road. We do need to look at the R/W and the drainage ditch. We also need to address if the street is needed in the future, and if there is drag racing, it should be reported to the Sheriff. Chairman Bird felt we should Idelay a few weeks to sort some of this out and then have it brought back for further discussion. 24 AUG 6 199i r`�l BooK 83 FE 5`.• AUG 6199 BOOK 83 A VE civ The Board members had no objection, and the Chairman directed Mrs. Forlani to notify Ms. Kaye when this matter will be brought back on the agenda with a recommendation as to how we should proceed: ORDINANCE CREATING GLENDALE LAKES STREET LIGHTING DISTRICT The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath says that he is Busir'.•5s Manager of the Vero Beach Prr^-, Journal, a daily net, .paper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a �J) PUBLIC NOTICE // The Board of County Commissioners of Wien � 1f.1�ti)��� River CsdaFlorida, will conat a Pin the in the matter of / on Tuesday. August 6. 1991 at 9:05 a.m. in the Commission Chambers at 1840 25th Street, Vero Beach. FL 32960, to consider the adoption of ordi- nance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE GLENDALE . LAKES STREET LIGHTING DISTRICT. 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 testimony and evidence upon which the appeal is based. INDIAN RIVER COUNTY , BOARD OF COUNTY COMMISSIONERS • RICHARD N. BIRD, CHAIRMAN July 9, 16, 23, 30, 1991 812225 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 te purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 110,_C-oth of ct. 19 (SEAL) ) <r ' (business Manager) -(Cler ef-the...Circutt Gourt; Indian River Co n , Florida) 1 1 8?r.- 14-T,. 1. 'i.rlrL- CrS..rn .. -... Administrator Chandler reviewed the following memo: 24 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.p., , 4401) Public Works Directoror SUBJECT: Ordinance Establishing the Glendale Lakes Street Lighting District DATE: June 24, 1991 FILE: gienord.jun DESCRIPTION AND CONDITIONS On March 20, 1990, the Public Works Department received a voluntary petition signed by S0% of the residents in Glendale Lakes Subdivision requesting the County establish a street lighting district. At this time, staff has prepared the attached ordinance establishing the District. The annual cost per parcel/acre is $37.05. A copy of the Ordinance creating Glendale Lakes Street Lighting .District was sent to the Press Journal for advertisement for four consecutive weeks in July. RECOMMENDATIONS AND FUNDING Subject to comments by the public at the Public Hearing, staff recommends approval of the Glendale Lakes Street Lighting District. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Ordinance 91-38 creating the Glendale Lakes Street Lighting District. AUG X9'91 L 25 BOOK 83 f'A%c 9 AUG ,o `? ? BOOK 83 P46E ORDINANCE 91- 2/3 AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE GLENDALE LAKES STREET LIGHTING DISTRICT. rin WHEREAS, the residents of Glendale Lakes Subdivision have requested that the County establish a mechanism for providing street lighting service at crucial locations throughout the subdivision; WHEREAS, the Board finds that. the creation of a municipal service benefit unit to raise funds through the equitable assessment of property owners throughout the subdivision is the best available means of accomplishing the desired goal; and WHEREAS, the provision of street lighting in the area will further the safety, health and well-being of all those residing and owning property within the boundaries of the district, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. Creation of Municipal Service Benefit Unit. There is hereby established in Indian River County the Glendale Lakes Municipal Service Benefit Unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida, Sections 125.01(q) and 125.01(r) of the Florida Statutes and Chapter 200 of the Indian River County Code County. The real property included within the boundaries of this municipal service benefit unit is described as follows: Glendale Lakes as shown on the plat recorded in Plat Book 6, Page 26, of the Public Records of Indian River County, Florida and Glendale Lakes Subdivision Unit Two as shown on the plat recorded in Plat Book 9, Page 90, of the Public Records of Indian River County, Florida. All lying in Indian River County, Florida. SECTION 2 LEVY. The first non -ad valorem assessment shall be levied for year 1992 - 1993. SECTION 3. Section 200. "Glendale Lakes" the tax CHAPTER 200 AMENDMENT. 07 shall be amended to show the addition of the district and this ordinance number. 26 SECTION 4. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, in- operative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 5. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6th day of August, 1991. This ordinance was advertised in the Vero Beach Press -Journal on the 9, 16, 23 and 30 of July, 1991, for a public hearing to be held on the 6th day of August, 1991,.at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Bo wm a n , and adopted by the following vote: 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 Ay e BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By CONDEMNATION OF UNSAFE STRUCTURE 4056 OLD DIXIE Building Director Ester Rymer made the following presenta- tion: 27 AUG 61991 BOOK PA6E 'r, Pr - AUG 6 1151 BOOK 8 3 FAal0CiD TO: Mr. James E. Chandler County Administrator THROUGH: Mr. Robert M. Keating, AICPI MK Community Development Director DATE: July 10, 1991 SUBJECT: Condemnation of Unsafe Structure Located at 4056 Old Dixie Highway FROM: Ester L. Rymer, Dire or Building Division It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 6, 1991 DESCRIPTIONS AND CONDITIONS Subject structure has been condemned and ordered repaired or removed; the building was posted with a notice and an attempt was made to notify the owner by certified mail. We have determined that the owner is deceased. Certified notices were sent to the Attorney handling the probate and to the Representative (son) of the estate. Notice was made only to the attorney. Legal Notice to all unknown heirs was run in the Vero Beach Press Journal an two separate dates. The taxes have not been paid on this property for the years of 1987, 1988, 1989, and 1990. Said structure is not occupied; however, neighbors report that vagrants have been using the property. This structure is considered unsafe and detrimental to the health, safety, and f; welfare of the general public. RECOMMENDATION Staff recommends that the Board of County Commissioners declare said structure a nuisance, and order the building demolished by the County Road and Bridge Department if men and equipment are available. After removal, in accordance with Section 4-21, Code of Ordinances, Indian River County, the Board will cause a lien to be filed of record for the costs of removal against the .owner or person in charge. Mrs. Rymer assured the Board that every attempt has been made to notify all parties. We have had a lot of complaints about this structure, and she would request that the Board direct staff to proceed with having it demolished. The Chairman determined that no one wished to be heard regarding this matter. ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Bowman, the Board unanimously declared the structure owned by the heirs of Willie Bell Davis and located at 4056 Old Dixie Highway a nuisance and directed that the building be demolished as recommended by staff. 28 RESOLUTION REAUTHORIZING IMPOSITION OF COUNTYWIDE E911 FEE Emergency Management Director Doug Wright reviewed the following: TO: Board of County Commissioners FROM: Doug Wright, Director Emergency Management Services DATE: July 23, 1991 SUBJECT: APPROVAL OF RESOLUTION REAUTHORIZING IMPOSITION OF COUNTYWIDE E911 FEE It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Florida Legislature in 1991 passed legislation amending Chapter 365.171, revising provisions relating to the "911" fee which permits county governments to impose a fee on all residential and business telephone lines to pay for expenses associated with the operation of the E911 system with a cap of $.50. The revisions approved by the legislature provides for the following actions: 1. Deletes the requirement for annual approval of a county's recurring fee by the Division of Communications; Specifies that a fund be established fee revenues and expenditures; exclusively for 911 3. Requires that moneys in the fund specified purposes; 4. Requires an annual audit of the fund; 5. Provides for carry over of funds and specifies those costs which are eligible for expenditure of "911" fee revenues; • be used only for 6. Provides for expenditure of fees for two county positions; prohibits certain expenditures, and establishes legislativegoal. In FY 90-91, the Indian River County Board of County Commissioners approved imposition of the 911 fee per line per month to fund the recurring and non-recurring charges related to operation of the two Public Safety Answering Points (PSAP) in the County. The split approved by the Florida Division of Communications and the County for the year was $.44 recurring and $.04 non-recurring. The revised law does not distinguish between recurring and non- recurring in terms of the 911 fee. Staff has reviewed the revenue the fee will generate in FY 91-92 and recommends the same fee as the prior year at $.48 per line. The matter is now before the Board of County Commissioners for approval of the Resolution required to reauthorize the E911 fee for FY 91-92. 29 AUG 61991 500K FAZIL f;� AUG ''991 BOOK 83 FA.1100Z ALTERNATIVES AND ANALYSIS: It is estimated that $285,000 will be generated by the $.48 E911 surcharge in FY 91-92. The funds will be utilized for staff maintenance of the data base, operating expenditures, capital outlay, and a contingency fund to ensure the integrity of the system to timely direct emergency personnel so that the protection of lives and property can be assured. If approved by the Board of County Commissioners, the Resolution will be forwarded to Southern Bell Telephone Company so that the fee will be implemented effective October 1, 1991. RECOMMENDATION: Staff recommends approval of the resolution imposing the E911 surcharge with a $.48 fee for the next fiscal year. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 91-88 reauthorizing imposition of the Countywide E911 Fee. Commissioner Eggert noted that the recommendation is only to reauthorize this fee for one year, and she believed the Legis- lature has deleted the requirement for annual approval. Director Wright explained they only deleted the approval by the state; it is just approved at the county level from now on. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. RESOLUTION - 91-88 A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A COUNTYWIDE "E911" TELEPHONE FEE TO PAY FOR SYSTEM CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE INDIAN RIVER COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature enacted House Bill 1223 which amended Section 365.711, Florida Statutes, entitled "The Florida Emergency Telephone Act" to permit the imposition of a "911" fee on all residential and business telephone lines; and WHEREAS, this fee may be used to pay for all charges assessed to the countywide "911" emergency telephone system; and WHEREAS, this fee may not exceed $.50 per line, per month; and WHEREAS, the "911" fee will generate revenue which will pay the cost of providing such service throughout the County including the various municipalities; NOW, THEREFORE, 30 AUG 6 1991 BOOK 3 ,'FAA101i Section 6. SEVERABILITY If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Section 7. EFFECTIVE DATE This Resolution shall become effective October 1, 1991. The foregoing Resolution was offered by Commissioner Wheeler who moved its adoption. The motion was seconded by CommissionerScurlock was as follows: and, upon being put to a vote, the vote Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Don C. Scurlock, Jr. Commissioner Gary C. Wheeler Commissioner Margaret C. Bowman Aye Aye Aye Aye Aye The Chairman thereupon declared the Resolution duly passed and adopted this 6th day of August , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY /� s..,,ae Richard N. Bird, Chairman RESOLUTION ADOPTING COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN The Board reviewed memo from John King, Deputy Director of Emergency Services: TO: County Adminisrator THROUGH: Doug Wright,` Director Department of Emergency Services FROM: John King, Deputy Director11 Department of Emergency Services James Chandler DATE: July 25, 1991 SUBJECT: APPROVAL OF RESOLUTION ADOPTING THE INDIAN RIVER COUNTY .HAZARDOUS MATERIALS EMERGENCY PLAN It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. 32 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That the Board of County Commissioners hereby establishes a fee of $.48 per month per access line up to a maximum of 25 access lines per account bill rendered. This fee shall be in effect for 12 months from the effective date of this Resolution at which time it shall be reviewed by the Board prior to the beginning of fiscal year 1992-93. Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes, Southern Bell Telephone Company shall collect such fees less an administrative fee of an amount equal to one percent (1%)of the total "911" fee collected by Southern Bell. Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, Southern Bell shall provide to the County on quarterly basis a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to Southern Bell their refusal to pay the "911" fee. Section 4. That pursuant to the authority set forth within Section 365.171, Florida Statutes, Indian River County hereby indemnifies and holds harmless Southern Bell Telephone Company against liability for damages resulting from or in connection with "911" service or identification of telephone numbers, addresses, or names associated with any person accessing "911" service, except if Southern Bell acts with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property in providing such services. Section 5. That the Board hereby authorizes that a letter be sent to Southern Bell notifying them of the imposition of the fee, that the fees shall be collected by Southern -Bell less an administrative fee, that Southern Bell shall provide the County with the above -referenced list and request written acknowledgement from Southern Bell regarding the imposed fees and other matters set forth within the letter. 31 1991 BOOK 140 DESCRIPTION AND CONDITIONS: • On July 3, 1991, the Department of Emergency Services received State approval for the Indian River County Hazardous Materials Emergency Plan which was submitted March 1, 1991, to the Florida Department of Community Affairs, Division of Hazardous Materials. The submitted plan is measured against compliance criteria established by provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and administrative rulings by the State Emergency Response Commission. The Board of County Commissioners' adoption of the plan finalizes grant agreement 91EP-72-10-40-22-031 between Indian River County and the Department of Community Affairs, which began October 16, 1990. ALTERNATIVES AND ANALYSIS: Recognizing the threat that hazardous materials pose to both the population and the environment, the State Legislature has extended funding authorizations to reimburse counties for resources required to update and maintain an operationally functional hazardous materials reponse plan. As the number of qualifying facilities subject to SARA reporting increases, on-site inspections and population protection measures are determined and added to the plan. The Florida Administrative Code requires that each county government have a current hazardous material emergency response plan that specifically defines governmental agency authorities and responsiblities within the framework of the County's emergency reponse. Adoption of the 1991 plan will serve as replacement of the 1990 plan and includes a nearly 40% increase in identified hazardous material sites. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Resolution and the 1991 Indian River County Hazardous Material Emergency Plan. Pusuant to approval, the plan will be disseminated to the various emergency agencies within the County. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously adopted Resolution 91-89 approving the Indian River County Hazardous Materials Emergency Plan. BOOK 83 PAGE AUG J'j BOOK 83 p,,,,poc RESOLUTION NO. 91- 89 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS, ADOPTING AND APPROVING THE INDIAN RIVER COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN. WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response, and recovery; and WHEREAS, .with the enactment of the Emergency Planning and Community Right -to -Know Act of 1986, Congress imposed upon local emergency planning committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and WHEREAS, this plan is intended to provide the framework for the development of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 1991 Indian River County Hazardous Materials Plan is hereby adopted. The resolution was moved for adoption by Commissioner Wheel e r and the motion was seconded by Commissioner S cur 1 o c k , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Ay e Vice Chairman Gary C. Wheeler Ay e Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Ay e Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of August Jeffrey K. Barton Clerk/ 2) e Chairman 44"(- /rLrJ t i , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird * aYhe official 1991 INDIAN RIVER HAZARDOUS MATERIALS EMERGENCY PLAN IS ON FILE IN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DEPARTMENT. 34 RESOLUTION ADOPTING THE COUNTY 1991 PEACETIME EMERGENCY PLAN The Board reviewed memo from John King, Deputy Director of Emergency Services: TO: THROUGH: FROM: DATE: SUBJECT: James Chandler County Adminis rator Doug Wright, irector Emergency Management Ser?,ices John King, Deputy Director 31( Emergency Management Services July 25, 1991 APPROVAL OF RESOLUTION ADOPTING THE 1991 COUNTY PEACETIME EMERGENCY PLAN It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Annually, the Indian River County Department of reviews the County's Peacetime Emergency Plan and operational soundness. Emergency Services (PEP) for accuracy The annual review of the PEP is measured against compliance requirements outlined in Rule 9G-4, Florida Administrative Code. However, the Plan must be adopted by resolution of the governing body of the County before it meets compliance requirements of Rule 9G-6, FAC. ALTERNATIVES AND ANALYSIS: ' The Florida Department of Community Affairs, Division of Emergency Management, requires an update triennially, which was accomplished in 1990. In an effort to maintain an operationally functional plan, the Department of Emergency Services updates the plan annually and then submits it for review and approval by the State at the required interval. Florida is subject to natural and technological hazards that pose potential dangers to the community. State directives require that each county government provide a comprehensive emergency management plan for the purpose of defining the specific authorities and responsibilities that are delineated within the framework of the County's emergency response. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Resolution and the 1991IIndian River County Peacetime Emergency Plan. Pursuant to approval, the plan will be disseminated to the various emergency agencies within the County. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 91-90 approving the County 1991 Peacetime Emergency Plan. 3 N6 6 1991 Root 8 3 FA,E 0 7, BOOK 83 PAGE O8 RESOLUTION NO. 91- 90 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS, ADOPTING A PEACETIME EMERGENCY PLAN FOR INDIAN RIVER COUNTY. WHEREAS, Chapter 252, Florida Statutes, Disaster Preparedness Act, establishes a Division of Emergency Management (DIVISION) and prescribes the powers and responsibilities thereof; and WHEREAS, Chapter 252, F.S., assigns to the. Board of County Commissioners responsibility for disaster mitigation, preparedness, response, and recovery; and WHEREAS, Rule 9-G-6, Florida Administrative Code, requires submission by Indian River County (COUNTY) to the DIVISION of a triennial update of the COUNTY's Peacetime Emergency (PEP) Plan*; and WHEREAS, Rule 9-G-6, F.A.C., requires that after determination by the DIVISION that the COUNTY's plan is in compliance, that the COUNTY pass a resolution officially adopting the PEP Plan for Indian River County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 1991 'as approved bythe DIVISION, COUNTY's PEP Plan, triennial update of thePP P is hereby adopted. The resolution was moved for adoption by Commissioner F g g P r t and the motion was seconded by Commissioner B o w m a n , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Ay e Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Ay e Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of August , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Jeffry K. Barton, C Richard N. Bird Chairman * `I' he official TRIENNIAL UPDATE OF THE INDIAN RIVER COUNTY PEACETIME EMERGENCY PLAN IS ON FILE IN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DEPARTMENT. 36 CONTINUANCE OF 64 LOCAL OPTION GAS TAX The Board reviewed memo from) Public Works Director Davis: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Continuance of Six Cent Local Option Gas Tax DATE: . -: July 24, 1991 DESCRIPTION AND CONDITIONS The Transportation Planning Committee, the five (5) municipalities within the County and the Public Works Department Staff concur that continuance of the six cent Local Option Gas Tax (LOGT) Program is needed fpr the next five year period (September 1, 1991 to August 31, 1996). The attached ordinance and sample Interlocal Agreement has-been prepared to effect the continuance. The LOGT distribution formula will remain the same as previously applied and is as follows:. _ Percentage of total revenu allocated to each eligible entity = 1/3 of the entity's percentage of total equivalent lane miles of road + 1/3 of the entity's percentage of transportation expenditures ;over the previous five year + 1/3 of the entity's total percentage of population residing in the area based upon the 1990 census. • For example, from the attached ch.rt, Indian River County's share should be computed.as follows: Percentage of total revenue allocated to Indian River County = 1/3 (69.90%) + 1/3 (66.93%) + 1/3 (64.5%) = 67.13% In applying the above formula to all eligible entity's, the following percentages, rounded to the nearest tenth, are derived: Indian River City of City of City of Town of Indian Town of County Vero Beach Fellsmere Sebastian River Shores Orchid 67.11% 19.03% 1.98% 10.83% 1.05% 0.0033% The annual funds proposed for distribution to each entity for the six cent of local option gas tax, would amount to the following: Proceeds from the Six Cent Local Option Gas Tax Indian River County $2,010,121 AUG 6 City of Vero Beach City of Fellsmere City of Sebastian Town of Indian Town of River Shores Orchid $569,999 $59,306 37 $324,387 $31,451 $99 - BOOK PA,E 9 AFDC 619 BOOK 83 F,1r . 1 , Alternatives include increased Traffic Impact Fees, increased advalorem taxes, or special assessments. RECOMMENDATIONS AND FUNDING Staff recommends that a Public Hearing be conducted on the proposed ordinance on August 20, 1991 and approval of the draft Interlocal Agreement. In addition, staff recommends that the Chairman be authorized to execute each, Interlocal Agreement with the five municipalities as received from the municipality. Commissioner Scurlock advised that at the TPC meeting there was some question raised by the Town of Orchid in reference to participation in this tax, and he just wanted the record to reflect that they raised the question and they want some dollars out of this. It was pointed out that they are listed, and we will note their concern. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously directed that a public hearing be conducted on the proposed ordinance and the draft interlocal agreement on August 20, 1991, as recommended by staff. REQUEST TO ACCEPT MAINTENANCE OF PORTION OF 107TH ST. FELLSMERE The Board reviewed memo from Public Works Director Davis: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: of a Portion of 107th Street - Fellsmere Request by Mr. Frank Sidoti to Accept Maintenance DATE: July 26, 1991 FILE: 107st.agn DESCRIPTION AND CONDITIONS Periodically, the County is requested to accept unmaintained roads for County maintenance. Roads to be accepted must meet the current Evaluation of Acceptance Criteria based on a point system which takes into consideration conditions of the road, drainage, right-of-way width, school bus routes, and a number of parameters. Mr. Frank Sidoti of 107th Street has requested that the County accept maintenance of 107th Street, Ditch 9, Fellsmere. 38 ALTERNATIVES AND ANALYSIS Staff has inspected the road right-of-ways and drainage system and hasevaluated their request, enclosed is a copy of our evaluation, which resulted in a numerical score of 50 points. At this time, the minimum score which warrants county staff approval recommendation is 100 points. RECOMMENDATIONS AND FUNDING Public Works staff does not recommend that the County accept. maintenance of the road at this time. Commissioner Bowman informed the Board that she personally drove over this road after the rains, and it was in better shape than the dirt road she lives on. She saw no problem with it whatever, and there is only one house on it. Chairman Bird believed that staff has advised that their evaluation of this road does not meet the County requirements. He further noted that Mr. Sidoti is not present to pursue his request. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously accepted staff's recommendation not to accept maintenance of the above described road. AGREEMENT W/MOSQUITO CONTROL DIST.- MANAGEMENT IMPOUNDMENT 22 Capital Projects Manager Thompson reviewed the following: TO: James E. Chandler, County Administrator THROUGH: Roger D. Cain, P.E. r--- County Engineer FROM: Terry B. Thompson, P.E. er- Capital Projects Manager SUBJECT: Agreement for Implementation of Rotational Impoundment Management Plan Impoundment 22 DATE: July 26, 1991 DESCRIPTION AND CONDITIONS Attached is an agreement between the County and the Indian River Mosquito Control District (IRMCD) for the Management of Impoundment 22. Mitigation for the wetlands impacts of the County's Indian River Boulevard North Extension, Phase III and Phase IV construction from SR 60 to 53rd Street, includes implementation of a Rotational Impoundment Management Plan AUG 3 9 BOOK 63 FAG/o11 k+ BOOK 83 FACE IVO? for Indian River. County Impoundment 22. The Indian River Mosquito Control District would like to operate and maintain the impoundment to provide mosquito control in that area. The attached Agreement provides for the IRMCD to construct the proposed pumping station, culverts and bleed -down structures in accordance with all regulatory permits at the County's expense. The IRMCD will be responsible for operation and maintenance costs associated with the completed system. Exhibit A to the Agreement, "Final Management Plan for Indian River County Impoundment 22", is on file in the Board's office. Compensation for Tasks I, II, III & IV shall not exceed the "Anticipated Cost" for each task up to a maximum total not -to -exceed price of $75,012. Compensation for Tasks V, VI and VII shall be negotiated and mutually agreed upon by the IRMCD and the County prior to authorization to proceed with these tasks. The preliminary estimate for Tasks V, VI and VII is $56,000. ALTERNATIVES AND ANALYSIS Alternative No. 1 Authorize the Chairman to execute the Agreement as written. Alternative No. 2 Re -negotiate contract terms. RECOIETDATIONS AND FUNDING Staff recommends approval of Alternate No. 1. Funding is from Fund 309 -Indian River Boulevard North. Ms. Thompson informed the Board that although all this construction will be done at the County's cost, once everything is built, all the costs associated with operation and maintenance of the impoundment will be with the District. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized the Chairman to execute the Agreement with the Mosquito Control District re management of Impound- ment 22. AGREEMENT W/MANAGEMENT PLAN ATTACHED IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 40 CONSTRUCTION MATERIALS TESTING AGREEMENT W/PSI-I.R.BLVD III The Board reviewed memo from the Capital Projects Manager: TO: James E. Chandler, County Administrator THROUGH: Roger D. Cain, P.E., County Engineer FROM: Terry B. Thompson, P.E. 1 Capital Projects Manager SUBJECT: Construction Materials Testing Indian River Boulevard Phase III IRC LOI 91-81 DATE: July 29, 1991 FILE: irbtest.agn DESCRIPTION AND CONDITIONS Staff has successfully negotiated terms of an agreement with Professional Services Industries, Inc. (PSI)/Jammal Division for construction materials testing services during construction of Indian River Boulevard Phase III. The attached agreement outlines the specific services to be provided. Compensation will be on a unit price basis for the actual amount of testing performed and technical time expended up to a maximum total "Not to Exceed" budget of $50,000. ALTERNATIVES AND ANALYSIS Alternative No. 1 Authorize the Chairman to execute the Agreement as written. Alternative No. 2 Re -Negotiate contract terms. RECOMMENDATIONS AND FUNDING Staff recommends approval of Alternate from 309 -Indian River Boulevard North. No. 1. Funding is ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously authorized the Chairman to execute the Agreement with PSI for construction materials testing services as recommended by staff at a not -to -exceed budget of $50,000. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 'W 41 Boor 83 FAA 3 AUG c19'91 BOOK 83, F',441.4 APPRAISAL SERVICES - OSLO ROAD/OLD DIXIE IMPROVEMENTS The Board reviewed memo from the Capital Projects Manager, as follows: 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: Appraisal Services for Oslo Highway Improvements DATE: July 22, 1991 FILE: Road/Old Dixie oslo-od.agn DESCRIPTION AND CONDITIONS Appraisal services are required for proposed right-of-way takings on Oslo Road from US 1 to 500' west of Old Dixie Highway and on Old Dixie Highway for a distance of approximately 500' north and south of Oslo Road. Staff has requested proposals from three firms as follows: Firm Fee Time George P. Kmetz Appraisal Svcs. Napier Appraisal Svcs. Armfield-Wagner Appraisal & Research, Inc. RECOMMENDATIONS AND FUNDING $6,100 $11,700 $13,800 90 days 180-240 days 45 days ' Staff recommends that the County contract with George P. Kmetz Appraisal Services at the low quoted fee of $6,100. Funding to be from Account 101-156-541-067.25 - Impact Fee District 6 Oslo Road. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, to contract with George P. Kmetz Appraisal Services at the low quoted fee of $6,100 as recommended by staff. Chairman Bird commented that he is not that familiar with this firm and, in fact, couldn't even find them in the yellow pages. He assumed staff has some criteria whereby they feel this appraiser is qualified. Manager Thompson advised that this firm has done other work for us, and they have submitted references. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 42 CONTRACT FOR CONSTRUCTION OF I.R.BLVD PHASE III PER BID 91-89 The Board reviewed memo from Capital Projects Manager Thompson: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E.,(:::9 Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Indian River Boulevard Phase III IRC Bid #91-89 DATE: July 24, 1991 DESCRIPTION AND CONDITIONS At the meeting of July 9, 1991, the Board of County Commissioners awarded subject project to the low bidder, Sheltra & Sons Construction Co.,. Inc., in the amount of $2,743,809.15. Presented are five (5) sets of contract documents with appropriate. Public Construction Bond and Certificate of .Insurance . RECOMMENDATIONS AND FUNDING Staff recommends that the Board authorize the Chairman to execute the contract documents. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously authorized the Chairman to execute contract with Sheltra & Sons Construction Co., Inc. in the amount of $2,743,809.15 for the construction of Indian River Boulevard Phase III per Bid 91-89. CONTRACT DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. BOOK 83 F4,-./.4-5 43 Pr - BOOK 83 FAuEOI C I.R.BLVD. PHASE III - DER PERMIT & AGREEMENT FOR EXOTIC SPECIES REMOVAL The Board reviewed memo from the Capital Projects Manager: TO: James E. Chandler County Administrator THROUGH: Roger D. Cain, P.E. ee� County Engineer FRO: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Indian River Boulevard Phase III DER Permit No. 311423739 Long -Term Agreement for Exotic Species Removal DATE: July 29, 1991 DESCRIPTION AND CONDITIONS The Department of Environmental Regulation (DER) Permit for construction of Indian River Boulevard Phase III requires that the County submit and have approved a program for removal of Brazilian Pepper and Melaleuca from Impoundment 22. In addition, the County is required to enter into a long-term agreement with the DER ensuring that the exotic species removal is included in perpetuity as part of the management of the impoundment. The attached long-term agreement includes an exotic plant removal plan (Exhibit A) that has been approved by the DER. Specific Condition No. 9 of DER Permit No. 311423739 requires that the County execute this long-term agreement prior to the start of construction. RECOMMENDATIONS AND FUNDING Staff recommends that the County execute the attached agreement with the DER. Funding from 309 -Indian River Boulevard North. ON MOTION by Commissioner Eggert, seconded by Com- missioner Scurlock, the Board unanimously authorized the Chairman to execute agreement with the DER for permit and removal of exotic species in conjunction with construction of Indian River Boulevard Phase III. PARTIALLY SIGNED COPY OF SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 44 RFPS - UPDATING OF EXISTING UTILITY MASTER PLANS (UTILITIES) Utilities Director Pinto reviewed the following: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: JULY 22, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINT DIRECTOR OF UTIL SERVICES WILLIAM F. McCAIN CAPIT ENGINEER DEPAR F UTIL Y SERVICES REQUEST FOR PROPOSALS FOR UPDATING OF EXISTING UTILITY MASTER PLANS BACKGROUND On June 4, 1991, the Board of County Commissioners reviewed an Agenda Item recommending the updating of the existing utility Master Plans (see attached memo and meeting minutes). After review. of this memo and a lengthy discussion, the Utilities Department was directed to prepare a scope of services in the form of an RFP (Request for Proposals) to bring back to the Commission for approval.- The Utilities Department is now prepared to do this. ,ANALYSIS In the attached RFP, we have outlined major changes that have contributed to the need for updating the existing Master Plans. The review entails both an engineering and an economic analysis to better assist Utilities in capital project planning, as well as in -- the review of private development projects. Also included in the RFP is a statement disallowing the successful engineering firm from designing any projects identified in the subsequent Master Plans. This particular restriction requires very serious consideration prior to its inclusion in the final RFP, as it could potentially limit the number of interested firms. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners authorize an RFP to update all utility Master Plans and negotiate with the selected engineering firms. Director Pinto commented that as staff has rewritten the scope, it severely restricts the ability of the engineering firm which does the updating of the master plans to participate in the design of any projects identified in the master plan. Commissioner Scurlock referred to staff recommendation regarding permission to negotiate with the selected firm and commented that he thought generally after the RFP.went out on the street, it came back to the Board before we went to negotiations. Administrator Chandler stated that there is no question but that this would follow our usual process, and Director Pinto BOOK 83 FAtJ.U.L i 45 AUG g91 BOCK 83 Daris clarified that when staff said "selected," it meant after the Board has selected the firms. In further discussion, it was confirmed that this would just authorize staff to go out with RFPs and then follow our normal procedure, and the big issue is whether the firm selected would be disqualified for further participation in designing any future projects. Director Pinto noted that the down side of that restriction is that you will limit the firms that will apply for this type of work because they would prefer design work rather than planning work, but he felt there are enough qualified firms out there that we will be able to get a qualified firm. He pointed out that after they are selected and have updated the plans, this would put them in a very independent position to state how anything done by the engineer that is selected to do the design would affect the master plan. In that sense, they are totally independent, and he felt in that sense the pros outweigh the cons. Discussion continued as to the benefits and the disadvan- tages of this approach, and Commissioner Scurlock pointed out that this restriction could eliminate a firm from further participation in design for many years. Director Pinto clarified that we are saying that if they do the master plan, they don't design anything in it; however, they do continue as the master plan consultants, and if someone should suggest a deviation from the master plan, they would make a recommendation. Commissioner Eggert wished an explanation of just how these consultants would be used and when. Commissioner Scurlock believed that staff could address any minor deviation, but if it is something more important, then the consultant could be brought in to address how it would affect the master plan. The question of the possible effect of a major rezoning arose. Administrator Chandler felt a large part of that would be covered in our existing Comprehensive Plan and projected land uses,. but Commissioner Scurlock pointed out that an increase in population affects the size of the lines you need. Commissioner Eggert felt that decision would be made in the first update of the master plan, but Director Pinto brought up the possibility that somebody may want to put a small development in an area where the plan calls for a 24" line. In that type situation, we must decide if we build something that just services them or whether we possibly should change the plan to build a dual line or just how to approach this. He explained 46 that you design a line map regardless of streets - it is based on pressure and capacity and a change on one street could affect lines many streets away. Commissioner Eggert noted that she is just trying to get a feeling for how much this consultant would be used and if the proposed restriction is fair. Commissioner Scurlock stated that his feeling about this is that forever is a long time; he personally felt they should be released from this restriction and able to participate at some time. Director Pinto suggested the restriction apply as long as they continue as your master plan consultant, or at least until you update. Then if they do the update, he felt they still should be restricted. Commissioner Eggert believed we are constantly updating, and Commissioner Scurlock felt we should select a consultant for a period of 3 to 5 years and then go back out for bids. Administrator Chandler believed the life of a total master plan would be 3 to 5 years. He understood Commissioner Eggert's comment about constantly updating, but his thinking is that an update would be a total update of all the elements in the plan. Commissioner Eggert still didn't see why it isn't good for longer if we are continually adjusting it for things such as affordable housing, zoning, etc. Commissioner Scurlock pointed out that there are some things in the plan that change just based on technical advances, and then there are also philosophical changes. For instance, you might have a new Commission that wanted to go to using deep wells instead of concentrating on reuse or possibly would want to create artificial wetlands, and that would change our approach dramatically. Debate continued regarding a major update as opposed to a partial or minor update which could be handled by staff, and the definition of update. As Director Pinto understood the discus- sion, he felt that you would not have a major update unless you have a philosophical change in approach and a policy change. If the Commission is looking for a time period, he personally would say that as Tong as they are retained as consultant for the master plan, they would be restricted and then when they are dismissed is when the time period would start, i.e., 2 years after they are dismissed. AUG 6199 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously author- ized the RFP to update all .utility master plans with 47 BOOK 83 FAG1.01 PU6 1991 BOOK ' d the modification that the consulting firm selected to do the update will serve on an on-going basis until we terminate them, and then they cannot participate in any of the projects for a period of 2 years from the time of their termination. REMOVAL OF CITY OF SEBASTIAN FROM THE COUNTY UTILITY SERVICE AREA The Board reviewed memo from Capital Projects Engineer William McCain: DATE: TO: JULY 22, 1991 JAMES E. CHANDLER COUNTY 'ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI. y'' RVICES PREPARED WILLIAM F. AND STAFFED CAPITAL PRO BY: DEPARTMENT SUBJECT: ILITY SERVICES NORTH COs UTILITIES (I.E., REMOVAL OF THE CITY OF SEBASTIAN FROM THE COUNTY UTILITY SERVICE AREA) BACKGROUND On May 14, 1991, the Utilities Department brought the attached Agenda Item (and minutes) to the Board of County Commissioners entitled NORTH COUNTY UTILITIES (I.E., SEWER COLLECTION AND WATER DISTRIBUTION). Due to recent developments in the City of Sebastian, it appears as if they are revoking our existing franchise. Therefore, we are again seeking direction from the Board of County Commissioners as to how to proceed. ANALYSIS As previously stated, the basic study phase of both the North County sewer and water projects are complete. However, in order to proceed with these projects, we are requesting authorization to eliminate the City of Sebastian from our planned service area and proceed with the design of both projects. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the elimination of the City of Sebastian from these projects so that we may proceed. Commissioner Eggert found the recommendation a bit confusing. She believed Director Pinto had said to her that we still have to figure out sewer, but this is really for water. Director Pinto confirmed that water is the primary concern right now; however, sewer is certainly a concern also. Because we already have some lines installed and a lot of the plan has 48 been done, the sewer is not original design, the county can be cut out and designed with sewer without worrying We are recommending, however inside Sebastian. Commissioner Eggert noted that she did not want to read in the paper that we approved the elimination of Sebastian from these projects and have them thinking we just left the pipes there. She felt we should be very clear as to what we are approving. Commissioner Scurlock explained that there are basically two issues. When it comes to water, we don't have a plant or anything; so, this is one way of putting them on notice that we have to get on with our life - we are planning a system and since nothing is in the ground with water, we are going to proceed without you. In regard to the wastewater, he felt the door should be left somewhat open in case they should come in shortly and say we have abandoned our idea of doing this on our own. He personally doubted this will happen and emphasized that we just can't wait two years for them to make up their mind. Chairman Bird asked what the latest official word is from Sebastian, and Commissioner Scurlock believed they selected a firm to do a study and the City Council has indicated they wish to get in the utilities business, but they have not yet determined how they wish to proceed; they actually are still formulating their plan. Director Pinto advised that we have customers on both ends of Sebastian who have paid for service on our sewer system. In as pressing an issue. In our areas north and south of Sebastian separately, and we can service them about inside the City of Sebastian. , not selling any more capacity the water area we have some small utilities major concerns over their future operation. good shape when we took them over. We have that we have some They were not in hired a consultant to do a customer service study to see what size utility we have to build in that area, but we cannot do this with Sebastian sitting on the fence. He stressed that Sebastian has said specifically we don't want your service, and we have county customers who we have to service. Commissioner Scurlock further noted that from the environ- mental standpoint, if we hadn't gone ahead with our project, we would have 3 operations in the North County dumping their sewage directly into the river with no solution other than to continue and be fined; so, at least we were able to handle those. Discussion continued about the possibility of including Sebastian in the future, but Commissioner Scurlock explained that every time we expand service in our area that may affect their 49 AUG 000 BOOK 83 FArr 21 AUG ,8 ` 1991 BOOK 83 FAG. potential for participation. We are sizing things and doing certain improvements, and at some point, that will exclude them from even the possibility of hooking up into our system. Commissioner Eggert noted that although we have given Sebastian a lot of warning, possibly we should allow them 30 to 60 days, but Commissioner Scurlock pointed out that they said they want to get out. Commissioner Eggert suggested a Motion to eliminate Sebastian from all water projects and the approval to finalize negotiations for the elimination of the City from the wastewater service within 30 days. Discussion continued at some length, and Director Pinto stressed that we have a serious problem with the water; we have got to tie those little water plants together. As to the wastewater, he felt we must see that the people we have committed to get service unless Sebastian says we are not to, but we will not sell any more capacity. Commissioner Scurlock further clarified that when any capacity is turned back to us, it will be transferred into the unincorporated area. Chairman Bird did not wish to bring up the specter of a moratorium, but he felt the people should understand there may be a problem with continuing development if they can't tie into our system and the City's system isn't ready. Commissioner Scurlock commented that actually we have plenty of demand for capacity in the unincorporated area; so, if the City does want a relationship with the County in the future, they better establish that very quickly and tell us on what basis. We cannot leave this open forever. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously agreed to eliminate Sebastian from all water projects as of now and from the wastewater service within 30 days if we hear nothing to indicate they wish to be included. OLD SUGAR MILL ESTS. (WATER SERVICE 50TH COURT) The Board reviewed memo from Utilities Assessment Manager James Chastain: 50 DATE: JULY 29, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UTI ' ERVICES PREPARED JAMES D. CHASTAIN` AND STAFFED 'MANAGER OF ASSES T P• R• OJECTS :BY: .DEPARTMENT OF UT ,.,ITY SERVICES *SUBJECT: 50TH COURT - OLD SUGAR MILL ESTATES WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -90 -24 -DS BACKGROUND On November 6, 1990, the Indian River County Board of County Commissioners approved the petition for water service on 50th Court/Old Sugar Mill Estates Subdivision. Engineering design has' been completed by the Department of Utility Services staff. We are now ready to begin the assessment process associated with this project. (See attached agenda item and minutes of the above meeting.) .',ANALYSIS Attached please find Resolutions 1 and 2 for the assessment project. The total estimated cost to be assessed is $36,777.00. The cost per square foot is $0.1016, and the project will serve the 16 properties bordered on 50th Court, south of 16th Street. Of the properties benefiting, 69% of the owners executed the petition. The attached map displays the area to benefit from the assessment project. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions and set the assessment hearing date. Director Pinto wished to know if we are talking about allowing this assessment to be paid over 10 years at 9 3/4%, and Administrator Chandler advised that we would propose this be on the same basis as what we have just approved on the other water extensions. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Resolutions 91-91 and 91-92 providing for installa- tion of water service for 50th Court in OldSugar Mill Estates and setting a time and place for the public hearing. 51 6 i991 BOOKC�;j F'A� %2;3 Pr - AUG 61991 BOOIF 83 p4a24 RESOLUTION NO. 91- 91 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR INSTALLATION OF WATER SERVICE IN OLD SUGAR MILL ESTATES (50TH COURT) ; PROVIDING THE TOTAL ESTI- MATED COST, METHOD OF PAYMENT OF ASSESS- MENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has deter- mined to defray the cost thereof by special assessments against certain RESOLUTION NO. 91- 92 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN OLD SUGAR MILL ESTATES (50TH COURT), AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS . TO THE PROPRIETY AND ADVISABIL- ITY OF CONSTRUCTING A WATERLINE EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. Q1_91 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as RESOLUTIONS 91-91 AND 91-92 ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN THEIR ENTIRETY. EXCLUSION OF CASH MAINTENANCE BOND ON COUNTY -MANAGED PROJECTS The Board reviewed memo from Utility Engineer Oster: DATE: TO: FROM: `STAFFED AND ',PREPARED BY: H. D. "D •STER, P.E. -ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES JULY 30, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO • DIRECTOR OF UTIL M RVI • SUBJECT: CASH MAINTENANCE BOND PACKGROUND: As a condition of any permit by the County to a party allowing open cutting of hard -surfaced County roads, there is a cash bond required, which is to be valid for one year from completion of the open cut. The cash "bond" is in the amount of $1,000.00 per lane, up to $4,000.00, then an irrevocable letter of credit for any amount in excess of $4,000.00. In County Utilities projects, a maintenance bond for a year is already required. This cash bond is an additional bonding:of the same work, and will place an additional cost, to the Utilities _Department, which will subsequently increase the cost to our, customers. RtECOMMENDATION: It is recommended that the Board of County Commissioners exclude the requirement for the cash bond on all County -managed projects, so long as a maintenance bond is furnished. Director Pinto stressed that in this situation they are paying twice, and he would like to say let's either require one bond or the other but not both. Administrator Chandler felt we can eliminate the cash bond portion of it as it relates to utility projects and utility contractors as long as it is clear that the maintenance bond would cover us. Commissioner Eggert personally preferred the cash bond, and Administrator Chandler agreed it is more difficult to draw upon a bond rather than having the cash in hand; however, in this case, since a maintenance bond is already required for utilities, there would be a duplication. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved 53 AUG 61911 BOOK 83 f�1.;F 25 r AUG 6 19 BOOK 8:3 FACE staff recommendation to exclude the requirement for the cash bond on all County -managed projects so long as a maintenance bond is furnished. BLUE CYPRESS COMMUNITY SEWAGE IMPROVEMENT Utilities Director Pinto made the following presentation: DATE: JULY 29, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF U PREPARED AND STAFFED BY: Y SERVICES ROBERT O. WISEMEN, P.E. ENVIRONMENTAL ENGINEER .DEPARTMENT OF UTILITY SERVICES SUBJECT: `' BLUE CYPRESS COMMUNITY SEWAGE IMPROVEMENT IRC PROJECT NO. US -90 -01 -DC -CS BACKGROUND On November 6, 1990, the Board of County Commissioners approved an agreement with Professional Engineering Consultants, Inc., to provide engineering services for the above -referenced project. (See Attachment No. 1.) A critical part of this project is the site location for the wastewater treatment plant. After investigation, the first choice site was unobtainable without possible condemnation. A second choice site has been investigated and negotiations have been concluded with the owner. (See Attachment No. 2.) During selection of the site, some additional services which are part of the County's responsibility in survey and subsurface investigation were necessary in determining suitability and feasibility of the site prior to negotiations with the landowner. During the meeting with the landowner, on July 3, 1991, the landowner expressed his concerns with obtaining a long term Agricultural Pumping Permit from St. Johns River Water Management District (SJRWMD) to continue pumping the proposed site. The testing requirements of the SJRWMD Permit would make it economically unfeasible for the landowner to continue his pumping practices. The pumping would be essential to the initially proposed spray irrigation effluent disposal system. Without pumping, the irrigation area would become submersed land, and spray irrigation system technology could not be applied. The landowner has offered 20 acres for sale and will donate an additional 29 acres to support an artificial wetlands disposal system. The Planning and Zoning Department requires that a minimum of 20 acres be acquired for the project in the subject area of zoning AG -3. (See Attachment No. 3.) The minimum 20 -acre requirement (zone AG -3) is triggering a Management and Storage of Surface Water Permit (MSSW). Also, since current site pumping by the landowner is eliminated, the MSSW Permit will be necessary. This requirement will increase administrative, permitting and engineering consultant costs. As a result of the above-mentioned proposal, the consultant must change the design of the effluent disposal system from the original spray irrigation system to an artificial wetland system with no direct discharge to the lake or natural marsh by the lake. Using the design capacity and considering the environmental impact in the area, it is required that approximately 40 acres of wetland be created. The cost to acquire the site, wetland area, and mitigation area property is $20,000.00. 54 To compare with the artificial wetland system, the spray irrigation system, if so desired, would require a pumping system to lower the ground water. The design and construction cost of this pumping system, at the minimum, would add $100,000.00 to the cost of the project (with back-up pumps, required by D.E.R.). ,ANALYSIS The artificial wetland has been selected by the staff for the following reasons: a. Lower in initial capital cost in design and construction. b. Less manpower requirements. c. It is less complicated to maintain. d. It is less costly to maintain. e. It is environmentally sound for the area. Florida Department of Environmental Regulation and SJRWMD are in favor of the concept. The estimated total assessment cost at this time is as follows: 1. Present estimated construction cost (this includes package plant relocation) 15% contingency . Estimated administrative costs are: Postage, copies and permitting cost b) Additional services in survey and subsurface investigation service fee. This includes services on alternate site, additional acreage and mitigation area, and lift station site 3. Land acquisition; includes 40 acres of site with wetland area and 9 acres of mitigation area Engineering (original authorization). This includes design using the existing package plant, permitting services, topography, boundary surveys and legal description of first site only, construction phase services, bidding services and inspection services. Additional engineering services proposed with upper limit are (WORK AUTHORIZATION NO. 2): .This includes modification in design using artificial wetland for effluent disposal system, MSSW permit and its requirements Total estimated project cost County assessment Total estimated assessment cost to benefitting property owners RECOMMENDATION $445,000.00 .$ 67,000.00. $ 9,500.00 $ 5,500.00 $ 20,000.00 $622,600.00 ($150,000.00) $472,600.00 Looking at the complexity and sensitivity of the environment of this project, the Department of Utility Services recommends that the Board of County Commissioners approve the continuation of this project with the following: 1. Purchase of the 20 -acre site and donation of 29 acres to support the artificial wetlands disposal system and authorize the Chairman of the Board of County Commissioners to execute the purchase contract. 2. Work Authorization No. 2, with Professional Engineering Consultants, Inc., which includes modification of the design to utilize artificial wetland for effluent disposal, preparation of MSSW permit and its requirements. These costs project. AUG (3 1I shall be a part of the total assessment cost pg the 55 BOOK 83 P„60( d 'AUG 6 199i i BOOK 83 F'AGF, 8 Director Pinto noted that this project, which has been around for a long time, is somewhat complicated. The original report done by Post Buckley called for spray irrigation in an area we had presumed we were going to lease, but when we came up to where we get permits issued, the Water Management District now says we have another problem because the area we are talking about for the spray irrigation was artifically dewatered by the rancher, and if he stops dewatering, this area becomes a wetland. To get around all the problems, we have been negotiating an actual purchase agreement with Mr. Holman to take the entire area we are talking about for effluent disposal and change that from spray irrigation to wetlands because if the pumping is stopped, it will become wetlands anyway. Director Pinto advised that another benefit that we haven't confirmed yet is that in the Landfill we have found there is an acre of wetlands which the Water Management District is telling us we are going to have to mitigate, and it is possible that we may be able to utilize some of the subject property for that purpose. Commissioner Bowman asked if this will require any diking, and Director Pinto advised that the diking is already there but we may put a dike across one area. Commissioner Scurlock had two questions. One related to our P&Z requirements which he felt are not correct in that he did not feel that we should be told to assign density to 20 acres where we locate a wastewater plant. He felt that should be adjusted, and Administrator Chandler confirmed that staff is going to be bringing back a recommended change in the plan. Commissioner Scurlock advised that the other question, which he feels is important, relates to the fact that the number one selected firm for this particular project was not selected because we could not negotiate a price, and we then hired number two because we were successful in negotiating a price with them. He, therefore, just wanted to make sure it is on the record that the original firm indicated they couldn't do it because there were going to be environmentally serious problems in permitting, and they had to walk away from the contract, and now we are sitting here with another contract and adding to it. Circum- stances may have changed, but that original firm indicated they couldn't do it for what we said, and now we are back asking for $10,000 more. Commissioner Scurlock asked what the original price was. Director Pinto advised that he went back and looked at that, and the original was $83,100. 56 Commissioner Scurlock wished it confirmed and on the record that we are still under that. He thought this is important because when you don't go with #1 and then go with #2 and then add costs later, the question always will come up, would that have been equal. But he is hearing now that this total contract price is still Tess than the original negotiations with the #1 firm. Director Pinto stated yes. Commissioner Bowman asked if she understood that this wetland when established will be open to public use. Director Pinto noted that it would be owned by the county, but there will be some restriction because it will be an effluent disposal area, and actually it isn't very accessible. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman to execute contracts to purchase the 20 - acre site and accept donation of the 29 acres to support the artificial wetlands disposal system and approved Work Authorization No. 2 with Professional Engineering Consultants, Inc., as recommended by staff. 57 AUG BOOK 8;,j FA40 ;9 AUG 6 1991 ENGINEERING WORK AUTHORIZATION Date: 7- t - eit Work Authorization No. 2 For Consulting Services Project No. US-90-01-DC/CS/ED County I.D.: PEC, Inc. (Consultant) I. PROJECT DESCRIPTION II. Ei00K J) PAG, t) Additional consulting engineering services related to construction of the Blue Cypress Lake Community Sewage Improvement Project.. Estimate for the Project, including 15% contingency is: $512,000.00 (Construction) $622.600.00 (Total Project) SCOPE OF ADDITIONAL SERVICES AND LUMP SUM FEE FOR ADDMONAI, SERVICES A. Site visit to meet with FDER, who will be determining the Limits of the existing jurisdictional wetlands on the proposed site. B. Field survey to delineate jurisdictional wetland as identified by FDER (coordination and subconsultant services). C. Preparation of Legal Description and sketch for proposed site (coordination and subconsultant services) D. Revise Construction Drawings and Specifications to reflect proposed artificial wetland effluent,disposal system. E. Prepare FDER "Management and Storage of Surface Water Permit" (MSSW) Applica- tion, and associated meetings and coordination with FDER. F. Compensation for Additional Services. This authorization shall include a cost element number two (#2). (See attached breakdown for manhours and associated costs in accordance with Master Agreement). Cost element shall not exceed $10,000.00 Payment for cost element two may be for actual hours and actual sub -consultant fees on a monthly basis. The County Shall make payment within 45 days of receipt of invoice. COST ELEMENT #2 $10.000.00 SUBMITTED BY: PROFESSIONAL ENGINEERING CONSULTANTS, INC. BY: David R. Refling, P.E. Title: Principal Date: g — 7'— R APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: Indian River Co. Aporoved Date Admin 7fl+' s_.�3lla 9: / Legal .e -A a 1' - t Budget (1C -i.) Utllitipc —T , / ._*R-13-11-fj . 9/ Rich Mgr. Richard N. Bird, Chairman CONTRACTS w/H.R.HOLMAN FOR 20 ACRE SITE & 29 ACRE SITE ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 58 PARKS & RECREATION COMMITTEE REPORT Chairman Bird reviewed the following, noting that the lease extension agreement will be brought back at a subsequent meeting: PARKS AND RECREATION COMMITTEE SUMMARY August 1, 1991 1) The committee recommended approval of the lease extension on the 16th Street ballfield complex. 2) There is a problem with speeding vehicles on the inner road at Gifford Park. It was recommended that the road be • temporarily closed until Rex Hailey and Jim Davis can come back to the committee with a more permanent recommendation. RESOLUTION CREATING EMERGENCY SERVICES DIST. ADVISORY COMMITTEE Commissioner Eggert explained that the proposed Resolution essentially takes the present Fire District Advisory Boards, dissolves them, and puts our Ad Hoc Committee, minus Indian River Shores, as the new combined district. This was approved by the Ad Hoc Fire Committee. She believed that in the future we probably will see this committee become smaller, but right now everyone involved in the planning would like to carry on to see that the consolidation goes according to the plan. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 91-93 creating an Indian River County Emergency Services District Advisory Committee. AUG 61991 59 BOOK. 83 PA6/03 BOOK 83 F41 RESOLUTION 91-93 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CREATING AN INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE. WHEREAS, the electors of Indian River County approved, by referendum at the March 12, 1991 election, the consolidation of the North, West, and South County Fire Districts and the Emergency Medical Services Division into a new Emergency Services District, embracing the entire County except Indian River Shores; and WHEREAS, the Board of County Commissioners of Indian River County has determined that it would be advisable to create an ad- visory committee to make recommendations to the Board of County Commissioners concerning said District, NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida, that: 1. There is hereby created an Emergency Services District Advisory Committee to be composed of 14* members with membership and the initial terms of office in years as follows: Commissioner Carolyn K. Eggert, Indian River County (4) Chairman Commissioner Don C. Scurlock, Jr., Indian River County (4) Mayor Jay Smith, City of Vero Beach (4) Council Representative, City of Vero Beach (2) Lee Carter, Fellsmere (2) Lonnie ,Powell, Sebastian (4) Ernie Polverari, Town of Orchid (2) Arthur J. Harris, Wabasso and Gifford (2) Richard Carter, Vero Beach Vol. Fire Department (2) Patricia E. Johnson, North County Vol. Fire Department (2) Jim Judge, Chief Paramedic (4) Wilbur Tripp, South County Fire Fighters, Paid (4) Mike Grice, North County Fire Fighters, Paid (2) Byron T. Cooksey, Esq., Member at Large (4) * Ex officio members: Joe Dorsky, Town of Indian River Shores and County Staff 2. The committee shall meet during the month of June and January or at the call of its chairman and shall be advisory only. 3. All advisory committees previously established for emergency services and the various fire districts are hereby abolished. 4. The provisions of Title 1, Chapter 101 of the Code of Ordinances of Indian River County shall apply to this advisory committee 60 except regular terms of office shall be 4 years. The resolution was moved for adoption by Commissioner Wheeler and the motion was seconded by Commissioner Bowman , and, upon 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. Eggert Aye Aye Ayp Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of' August , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Jeffre$arton Richard N. Bird Clerk laser. s� .� - C-. Chairman RIBBON CUTTING CEREMONY FOR NEW COUNTY HEALTH BUILDING & HRS PUBLIC MEETING ON GEOGRAPHICAL RESTRUCTING OF DISTRICT Commissioner Eggert informed the Board that there will be a ribbon cutting ceremony celebrating the opening of the new County Health Building on Wednesday, August 14th, at 3:00 P.M. Commissioner Eggert further advised that the DHRS has been going through a plan District by District for restructuring to a more local operation. On the next two Thursday nights, we are going to continue to have public hearings. The next time the geographical district and the possible splitting off of Palm Beach will be discussed, and the third meeting is on what authority this group would have. Commissioner Eggert felt this affects the counties and every taxpayer quite a bit and advised that the meetings will be held at the Student Union of the Indian River Community College at 7:00 P.M. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene sitting as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 61 AUG ,6 1991 BOOK 83 Pg.103 61U6 6 1991 BOOK 83 FA4O34 There being no further business, on Motion duly made, seconded and carried, the. Board adjourned at 10:10 o'clock A.M. ATTEST: Clerk Chairman 62