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Home My WebLink About9/1/1992BOARD OF COUNTY COMMISSIONERS INDIAN .RIVER COUNTY, FLORIDA - AGEND.A REGULAR MEETING TUESDAY, SEPTEMBER 1, 1992 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman ( Dist. 2 ) Margaret C. Bowman, Vice Chairman ( Dist. 1) Richard N. Bird (Dist. 5) Don C. Scurlock, Jr. (Dist. 3) District 4: Vacant James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. 1. . CALL TO ORDER - 2. INVOCATION - Rev. Richard Speck Unitarian Universalist Fellowship of V.B. ` 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Bowman requested addition of a Proclamation designating Sept. 6 - 12 as Bootstrap Housing Week. S.- PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Special Meeting of 7/8/92 7. CONSENT AGENDA A. Acceptance of Annual Cooperative Forestry Report by Fla. Dept. of Agriculture and Consumer Services Dated Aug. 31, 1992 B. Contract Manager Resume, Area Agency on Aging of Palm Beach/Trees. Coast, Inc. ( letter dated August 25, 1992 ) C. Request for Expenditure to Support 5 Week Program ( letter dated August 25, 1992 ) D. Transportation Disadvantaged Local Coordinating Board Revised By -Laws (memorandum dated August 24, 1992) BOOK 87 mu 400 SEP i M2 s. 9:05 a. m. 9. �:ii 7. CONSENT AGENDA (cont'd. ): E. Release of Easement Request By: Martin F. Ann Louise O'Neill, Lots_ 12 8 13, Block - 3, Roseland Gardens S/D ( memorandum dated August 12, 1992 ) F. Prioritization of TD Non -Sponsored Trips (memorandum dated August 24, 1992) G. Community Transportation Coordinator (CTC) Evaluation Criteria ( memorandum dated August 24, 1992 ) H. Award IRC Bid #92-113/Information Directory Indian River County Main Library ( memorandum dated August 24, 1992 ) I. Unemployment Compensation Budget Amendment 040 ( memorandum dated August 18, 1992 ) J. Streetlight - AIA and Little Harbour ( memorandum dated August 26, 1992 ) K. Miscellaneous Budget Amendment 041 ( memorandum dated August 26, 1992 ) L. Final Payment / Professional Engineering Services - Round Island Park ( memorandum dated August 25, 1992 ) M. Cancelling Taxes on R/W Acquisitions ( memorandum dated August 24, 1992 ) N. Request for Public Hearing - Proposed Ordinance Entitled: An Ordinance of Indian River County, Florida, Amending Chapter 401 - Building Codes; Section 401.12 Standpipes of the I.R.C. Code (memorandum dated August 24, 1992) O. Easement for Utilities - Courthouse Parking Lot ( memorandum dated August 26, 1992 ) P. Grant Contracts ( memorandum dated August 24, 1992 ) CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES WcI+16. W1 gyne interior, risk E Wildlifi Presentation of Revenue Sharing Funds to ( letter dated August 11, 1992 ) PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None 8. l PAGE 401 9. 10. 11. PUBLIC ITEMS (cont'd. ): B. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLA. AMENDING CHAPTER 201, COUNTY WATER & SEWER SERVICES OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLA. WHICH. . CHAPTER WAS ADOPTED BY ORDINANCE NO. 91-9, WHICH PRESENT AMENDMENT CALLS FOR AN ANNUAL REVIEW OF USER CHARGES AND AN ANNUAL NOTIFICATION OF THE RATES BEING CHARGED TO EACH USER 2. A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN -CONNECTION WITH WATER SERVICE TO GLENDALE LAKES SUBDIVISION (NORTH OF 8TH STREET TO 10TH STREET) AND PROVIDING FOR SPECIAL ASSESS- MENT LIENS TO BE MADE OF RECORD (continued from meeting of 8-18-92) ( memorandum dated August 25, 199-2) 3. A RESOLUTION -OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO THE ROADS IN FLORAL PARK AND RANCH ESTATES SUBDIVISION (memorandum dated August 13, 1992) COUNTY ADMINISTRATOR'S MATTERS None DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES Approval of FY 92-93 EMS Grant ( memorandum dated August 19, 1992 ) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL Administrative Policy Manual (memorandum dated August 20, 1992) BOOK 87 PnE.402 1092 11. DEPARTMENTAL MATTERS (cont'd. ):. G. PUBLIC WORKS 4th Street Bike Path - Right -of Way Acquisition (memorandum dated August 24, 1992) H. UTILITIES I. Sludge/Septage Facility - Fuel Storage System ( memorandum dated August 21, 1992 ) 2. Sludge/Septage Facility - Retainage ( memorandum dated August 21, 1992 ) 3. Resolution IV - Fioridacres/36th Ave. Water Service Project - Final Assessment Roll - ( memorandum dated August 24, 1992 ) 4. North Beach R.O: Plant Expansion - Final Pay Request- (memorandum equest-(memorandum dated August 24, 1992 ) 5. Grove Care Maintenance Contract ( memorandum dated August 20, 1992 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT 1. Economic Development Council ( letter dated August 17, 1992 ) 2. Porpoise Ordinance ( letter dated August 17, 1992 ) 3. ELMs I I I B. VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER DON C. SCURLOCK JR. BOOK 87 PAGE 403 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 6/23/92 2. Vertical Baler ( memorandum dated August 19, 1992 ) 3. Award of Bid 92-107 / Conveyor System ( memorandum dated August 24, 1992 ) 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. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE . COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. . SEP 1992 BOOK 87 PACE 404 BOOK 87 wx 405 Minutes are troved Mmutes Of BCC Meeting of September 1, 1992. After approval by the BCC they wH1 became the official record. Tuesday, September 1, 1992 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, September 1, 1992, at 9:00 o'clock A. M. Present were Margaret C. Bowman, Vice Chairman; Richard N. Bird; and Don C. Scurlock, Jr. Absent was Carolyn K. Eggert, Chairman, who was in the hospital. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. Vice Chairman Bowman called the meeting to order. Rev. Richard Speck, Unitarian Universalist Fellowship of Vero Beach, led the invocation, and County Attorney Charles Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Vice Chairman Bowman requested the addition of a Proclamation designating September 6 through September 12, 1992 as Bootstrap Housing Week. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) added the above item to the Agenda. PROCLAMATIONS Vice Chairman Bowman read aloud the following Proclamation: S FP ® 11992 BOOK 87 PAGUE 406 P R O C L A M A T I O N DESIGNATING SEPTEMBER 6 THROUGH SEPTEMBER. 12, 1992 AS BOOTSTRAP ROUSING WEEK BOOK 87 FACE 407 WHEREAS, the Bootstrap Housing Steering Committee is a not- for-profit organization which is in formation and will begin operations on Sunday, September 6, 1992; and WHEREAS, the Bootstrap Housing Steering Committee will encourage and assist self-help and low cost housing in this community; and WHEREAS, an important part of the self-help process is the group meeting which is held before and during construction; families meet regularly to discuss subjects -such as the responsibility of home ownership, construction techniques, tool use, work schedules, taxes, insurance, budgeting, interior and exterior decorating; and WHEREAS, counselors are available to offer advice in home maintenance, neighborhood associations, and financial concerns; and WHEREAS, participating in a self-help program gives family members a sense of accomplishment and renewed self confidence, and the community benefits as families assume more active roles as citizens, the tax base is broadened, and substandard areas are improved: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of SEPTEMBER 6 THROUGH SEPTEMBER 12, 1992 be designated as BOOTSTRAP HOUSING WEEK in Indian River County. All citizens are urgPcl to support the Bootstrap Housing Steering Committee in its efforts to provide low cost housing in our community. Dated this 1 day of September,•1992. 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1�& _ a� Margaret C. Bowman, -- Vi_ce CAP n APPROVAL OF MINUTES The Vice Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of July 8, 1992. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board approved the Minutes of the Special Meeting of July 8, 1992 as written. CONSENT AGENDA Commissioner Scurlock requested removal of Item C, and Vice Chairman Bowman requested removal of Item N from the Consent Agenda. A. Report The Board accepted the Annual Cooperative Forestry Report from the County Forester, Tim Elder, dated August 31, 1992, a copy of which is'on file in the office of Clerk to the Board. B. Appointment of Kasha K. Owers to Transportation Disadvantaged Local Coordinating Board ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) appointed Kasha K. Owers to the Transportation Disadvantaged Local Coordinating Board representating the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. C. Request for Expenditure to Support 5 -Week Program The Board reviewed memo from Sheriff R. T. "Tim" Dobeck dated August 25, 1992: 3 BOOK 87 PAGE 408 7 PAGE 409 ff:,�. R.T. TIM DOBECK • INDIAN DIVER COUNTY dt O. BOX 608 MEMBER FLORIDA SHERIFFS ASSOCIATION o O G pH 309.6700 MEMBER OF NATIONAL SHERIFFS ASSOCIATION y VE80 BEACH, F'LOBIDA 32pf31-0608 0 8 CN � DISTRIBUTION LIST Commissioners Co d'� �ugusti , 1992 Administrator Attorney Personnel - Public Works Honorable Carolyn K. Eggert,Community Dev. Board of Count Commisioners� Utilities Indian River County Finance 1840 25th Street Other Vero Beach, Florida 32960 Dear Commis er Egge6--�4 I have been contacted by Kay Moran and asked to support a five week Program provided this summer for "at risk students". The program was housed at Dodgertown Elementary and reports indicate it was very successful. Approximately 25 children benefited from the program. The reason we were asked to support the program, through our Drug Seizure Fund, was to underwrite the cost as these funds would be removed from other vital programs if we were unable to assist. I would ask the County Commission to place on the Consent Agenda the expenditure of $2,920.40 in support of this program so the school system can be reimbursed. Once this is placed on the agenda, I will notify Kay Moran who will be willing to answer any questions you may have. Enclosed are copies of the information regarding the program. If I can be of further assistance, please do not hesitate to contact me. _ Sincerely, R. • ."Tim" Dobeck, Sheriff Indian River County Commissioner Scurlock asked, and County Attorney Charles Vitunac assured him that this program meets the criteria for using these funds. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved the expenditure of $2,920.40 in support of the program for "At Risk Students," to reimburse the school system, as recommended by Sheriff Dobeck. 4 - M D. Transportation Disadvantaged Local Coordinating Board Revised By -Laws The Board reviewed memo from Long -Range Planning Chief Sasan Rohani dated August 24, 1992: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE �o4bertM. —Keatirig, AIQW Community Devel pmen Director FROM: Sasan Rohani <5 I Chief, Long -Range Planning DATE: August 24, 1992 RE: TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD REVISED BY-LAWS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 1, 1992. DESCRIPTION AND CONDITIONS On February 21, 1991, the Transportation Disadvantaged Local Coordinating Board (TDLCB) adopted a set of by-laws, as per the "LCB's Operating Guidelines" adopted by the state Transportation Disadvantaged Commission on January 10th., 1990. Recently, the state Transportation Disadvantaged Commission changed its rules to require that local coordinating boards include one representative from the Department of Elder Affairs and one representative from the Children and Youth Council. Also, the LCB identified a need for a technical advisory committee. These changes require an amendment to the LCB's by-laws. On July 16, 1992, the LCB directed staff to revise the by-laws to include new members to the membership list (section 107 of the by- laws) as required by the Transportation Disadvantaged Commission (TDC) and to add a section (Section 119 of the by-laws) regarding formation of a Technical Advisory Committee. At its meeting of August 20, 1992, the TDLCB approved the revised by-laws with a minor change and directed the staff to forward the by-laws to the Board of County Commissioners (the Designated Official Planning Agency (DOPA) for transportation disadvantaged matters) for review and concurrence prior to submittal to the State Transportation Disadvantaged Commission. RECOMMENDATION The TDLCB and staff recommend by-laws -and direct staff to Transportation Disadvantaged SEP -i AN that the BCC/DOPA approve the revised forward the by-laws to the State Commission. F� Boa 87 FAcE 410 BOOK 87 pw 411 ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved the Transportation Disadvantaged Local Coordinating Board Revised By -Laws and directed staff to forward the by-laws to the State Transportation Disadvantaged Commission, as recommended by staff. E. Release of Easement - Martin and Ann Louise O"Neill Lots 12 and 13. Block 39 Roseland Gardens Subdivision The Board reviewed memo from Code Enforcement Officer Charles Heath dated August 12, 1992: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert M. K6atirfV",AIqq Community Develo men irector THROUGH: Roland DeBlois, Chief Environmental Planning & Code Enforcement FROM: Charles W. Heatld Code Enforcement Off cer DATE: August 12, 1992 SUBJECT: RELEASE OF EASEMENT REQUEST BY: Martin & Ann Louise O'Neill Lots 12 & 13, Block 3, Roseland Gardens Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 1, 1992. DESCRIPTION AND CONDITIONS: _ The County has been petitioned by Martin & Ann Louise O'Neill, owners of the subject property, for the release of the -common five (5) foot side lot utility easements of Lots 12 & 13, Block 3, Roseland Gardens Subdivision. It is the petitioner's intention to construct a multi -family duplex residence on the subject property. The current zoning classification of the subject property is RM -6, Multi -Family Residential District. The Land Use Designation is L- 2, allowing up to six (6) units per acre. P ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company, Florida Power and Light Corporation, Falcon Cable Corporation, Indian River County Utilities Department and the Road & Bridge and Engineering Divisions. Based upon their reviews, it is staff's position that the easement release would have no adverse impact to utilities being supplied to the subject property. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolution, release of the common five (5) foot side lot utility easements of Lots 12 & 13, Block 3, Roseland Gardens Subdivision, being the northwesterly five (5) feet of Lot 12, and the southeasterly five (5) feet of Lot 13, according to the plat thereof as recorded in Plat Book 8, Page 25, of the Public Records of Indian River County, Florida. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolution 92- 152, abandoning certain easements in the Roseland Gardens Subdivision, Lots 12 and 13, Block 3, as recommended by staff. RESOLUTION NO. 92-152 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE ROSELAND GARDENS SUBDIVISION, LOTS 12 & 13, BLOCK 3, ACCORDING TO THE PLAT THEREFORE AS RECORDED IN PLAT BOOK 8, PAGE 25, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purposes, 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, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Martin O'Neill & Ann Louise O'Neill, his wife, their successors in BOOK ®7 PACE 412 SFP ® 11992 rd ® BOOK 87 PAGE 413 interest, heirs and assigns, whose mailing address is 303 Vanderbilt Boulevard, Oakdale, NY 11769, 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 five (5) foot side lot utility easements of Lots 12 & 13,• Block 3, Roseland Gardens Subdivision, being the northwesterly five (5) feet of Lot 12, and the southeasterly five (5) feet of Lot 13, Section 11, Township 31 -South, Range 38 East, as recorded in Plat Book 8, Page 25, of the Public Records of Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Bird Scurlock seconded by Commissioner , and adopted on the 1st day of September . , 1992, by the following vote: Commissioner Carolyn K. Eggert _Absent Commissioner Richard N. Bird -AU— Commissioner Margaret C. Bowman Ave Commissioner Don C. Scurlock, Jr.__Ave District 4 Commission Seat Vacant, The Chairman thereupon declared the resolution duly passed and adopted this 1 st day of September , 1992. BOARD OF COUNTY•COMMISSIONERS _. OF INDIAN RIVER COUNTY, FLORIDA By Carol K.-Eg 3 9n F. Prioritization of Transportation Disadvantaged Non Sponsored Trips The Board reviewed memo from Long -Range Planning Chief Sasan Rohani dated August 24, 1992: 8 TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE Rftbrf M. Keatiftj, A FROM: Sasan Rohani S'•/j, Chief, Long -Range Planning DATE: August 24, 1992 RE: PRIORITIZATION OF TD NON -SPONSORED TRIPS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 1, 1992. DESCRIPTION AND CONDITIONS As part of recent changes to Florida Administrative Code Rule 41-2, Transportation Disadvantaged Commission requirements, the Local Coordinating Board (LCB) has been charged with the responsibility of establishing priorities for providing non -sponsored transportation disadvantaged trips that are purchased with TD trust fund monies. Prioritization would provide the ability to spend the limited resources (TD funds) where there is greatest need. In May 1992, the planning staff coordinated with the Council on Aging regarding the prioritization of trips. Subsequently, staff received a letter indicating the COA's prioritization criteria. While this priorization list was presented to the TDLCB for consideration, no decision was made regarding this prioritization list. At its July 16, 1992 meeting, the TDLCB considered the issue of trip prioritization. During that meeting, an alternate trip prioritization list was considered, and staff was directed to assess that prioritization list and schedule the issue for consideration at the August TDLCB meeting. The proposed trip prioritization list is presented below. Since the July TDLCB meeting, staff has reviewed the list and coordinated with the CTC. Based upon its analysis, staff supports the proposed prioritization. 1- 2- 3- 4- 5- 6- 7 - Prioritization of Non -Sponsored Transportation Disadvantaged Trips Indian River County Medical Trips Grocery Shopping/Congregate Meal Trips Social Service Agency Trips Employment/Job Training/Volunteer Service Trips Social Trips Other Non -Grocery Shopping Trips Other Trips J eou 87 QAcL 41 AFP - I `� 87 fnF_ 415 Once the TDLCB approves a TD trip prioritization list, it will be the responsibility of the CTC to develop a set of procedures to implement the prioritization list. These procedures will identify how the prioritization list will be used in scheduling trips and providing service. On August 20, 1992, the TDLCB approved the above prioritization of non -sponsored transportation disadvantaged trips list and directed the staff to forward it to the Board of County Commissioners (the Designated Official Planning Agency (DOPA) for transportation disadvantaged matters) for review and concurrence, and also directed the Community Transportation Coordinator (IRC Council on Aging) to develop a set of procedures to implement the prioritization list. RECOMMENDATION The TDLCB and staff recommend that the Board of County Commissioners, sitting as the Designated Official Planning Agency (DOPA), approve the above prioritization list and direct staff to forward the prioritization list to the state Transportation Disadvantaged Commission. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board, sitting as the Designated Official Planning Agency, unanimously (3- 0, Chairman Eggert beinabsent) approved the prioritization list as se forth in staff's memo, and directed staff to forty rd said list to the State Transportation Disadvantaged Commission. G. Community Transportation Coordinator Evaluation Criteria The Board reviewed memo from Long -Range Planning Chief Sasan Rohani dated August 24, 1992: 10 TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE Obert M. Keat , A Community Developmen Director FROM: Sasan Rohani ,(�_- Chief, Long -Range Planning DATE: August 24, 1992 RE: COMMUNITY TRANSPORTATION COORDINATOR (CTC) EVALUATION CRITERIA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 1, 1992. DESCRIPTION AND CONDITIONS Objective 1 of the Coordinated Transportation Disadvantaged Development Plan states that "By October, 1992, the DOPA in coordination with the LCB will have a set of criteria for the annual performance evaluation of the Community Transportation Coordinator..." Item number 18 of the first fiscal year (1991-92) of the annual element of the plan also requires that "the Transportation Disadvantaged Local Coordinating Board (LCB) shall evaluate the performance of the Community Transportation Coordinator and provide a recommendation to the DOPA for continuation or replacement of the Community Transportation Coordinator". To implement the above objective, staff has prepared a set of evaluation procedures and standards for the CTC annual evaluation (see attachment). On August 20, 1992, the TDLCB approved the CTC Is evaluation procedures and criteria with changes and directed the staff to forward them to the Board of County Commissioners (BCC) (the Designated Official Planning Agency (DOPA) for transportation disadvantaged matters) for review and concurrence. RECOMMENDATION The TDLCB and staff recommend that BCC/DOPA approve the attached CTC evaluation procedures and standards and direct staff to forward these procedures and standards to the State Transportation Disadvantaged Commission. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved the Community Transportation Coordinator Evaluation Procedures and Standards, and directed staff to forward these procedures and standards to the State Transportation Disadvantaged Commission. 11 SEP - i 1992 BOOK 87 PAGE 16 J BOOK 8 % PACE 417 H. Award IRC Bid #92-113 - Information Directory. Main Library The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated August 24, 1992: DATE: August 24, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servicawo) FROM: Fran Boynton Powell, Purchasing Manage SUBJECT: Award IRC Bid #92-113/Information Directory Indian River County Main Library BACKGROUND INFORMATION: Bid Opening Date: July 29, 1992 Specifications mailed to: Twenty -One (21) Vendors Replies: Eight (8) Vendors One ( 1 ) No Bid Advertising Dates: June 15, 22, 1992 VENDOR BID TABULATION - Coastal Graphics $ 5,866.00 Vero Beach, FL All Service Graphics $ 7,174.00 - Melbourne, FL Ironside Press $ 7,701.00 Vero Beach, Fl Superior Printing $ 8,050.00 _ Vero Beach, FL VIP Printing $ 9j360.00 Vero Beach, FL Russo Printing $ 10,060.00 Vero Beach, Fl Action Printers $ 11,596.00 Vero Beach; FL ABC Quick Printers $ 17,849.00 Vero Beach, FL TOTAL AMOUNT OF BID: $ 5,866.00 FUNDS AVAILABLE: $ 6,000.00 SOURCE OF FUNDS: Main Library Miscellaneous Fund RECOMMENDATION: Staff recommends that the bid. -be. -awarded to Coastal Graphics as the lowest, most responsive.and responsible bidder for the printing of 2,000 directories as set forth in the Invitation to Bid. 12 ON _MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) awarded Bid 192-113 to Coastal Graphics as the lowest, most responsive and responsible bidder for the printing of 2,000 directories, in the amount of $5,866.00, as recommended by staff. I. Unemployment Compensation Budget Amendment 040 The Board reviewed memo from OMB Director Joe Baird dated August 18, 1992: TO: DATE: SUBJECT: FROM: Members of the Board of County Commissioners August 18, 1992 UNEMPLOYMENT COMPENSATION BUDGET AMENDMENT 040 - CONSENT AGENDA Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is required to reflect these payments. RECOMMENDATION Staff recommends that the Board of County Commissioners approve budget amendment 040 to refund Unemployment Compensation payments, funding to come from contingencies. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved Budget Amendment 040 to refund Unemployment Compensation payments as follows: W u miA 92 BOOK 87 PACE 418 SEP 19'9? BOOK 87 PAA 419 TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 040 FROM: Joseph A. Baird OMB Director DATE: August 19. 1992 J. Streetlight - AlA at Little Harbour Subdivision Entrance The Board reviewed memo from OMB Director Joe Baird dated August 26, 1992: 14 TO: Members of the Board of County Commissioners DATE: August 26, 1992 SUBJECT: STREETLIGHT - AlA AND LnTLE HARBOUR CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS Little Harbour has requested the installation of one (1) light at the Little Harbour Subdivision/SR AIA entrance. The City of Vero Beach Engineering Department has determined that one (1) streetlight will be required. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the request for a streetlight, contingent upon completion of the following procedure: 1. Staff is able to confirm that the Little Harbour, Inc. has an incorporated Homeowners Association. Staff would bill Little Harbour Homeowner's Association $144.00 in advance for the cost of one streetlights for a full year. 2. Staff would draft a standard single streetlight agreement between Little Harbour Property Owners Association and Indian River County. 3. Staff would add one (1) to the Master Streetlight Agreement between Indian River County and the City of Vero Beach. 4. By approval of this agenda item, the Board would authorize the Chairman to sign the agreement between Indian River County and Little Harbour Property Owners Association. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved the request for a streetlight, contingent upon completion of the procedures as set out in staff's memo. W SEP - 11992 BOOK 8 7 PATE 42+0 M-1 K. Miscellaneous Budget Amendment 041 87 FnE 421 The Board reviewed memo from OMB Director Joe Baird dated August 26, 1992: TO:' - Members of the Board of County Commissioners DATE: August 26, 1992 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 041 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. On August 4, 1992 the Board of County Commissioners approved the purchase of a mobile office trailer in the amount of $3,465.00 to be used by the Public Works Department at construction sites. The attached budget amendment allocates the funding. 2. On July 7, 1992, the Board of County Commissioners approved the printing and mailing of brochures for the LAAC (Land Advisory Acquisition Committee) to inform the voters of a bond referendum for environmentally significant land acquisition. The budget amendment is to allocate the funding in the amount of $9,700.00. 3. Housing Authority presently has a negative cash balance. This seems to be caused by them not receiving a $21,124.00 recreation/culture grant they had budgeted. Presently the budget office is estimating the Housing Authority will need $15,000.00 to complete the year. The attached budget amendment transfers $15,000.00 from the General Fund Contingency for the shortfall. 4. On April 14, 1992 the Board of County Commissioners approved funding $6,000.00 to be budgeted from the MSTU to be used to financially support a workshop by Vision Workshop Focus on the Future steering committee. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 041. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved Miscellaneous Budget Amendment 041 as follows: 16 TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 041 FROM: Joseph A. Baird DATE: August 26, 1992 OMB Director TRANSPORTATION FUND Reserve for Contingency 111-199-581 i EXPENSE TRANSPORTATION FUND/Public Work; Other Buildings 1 -243 -519 - REVENUE -243 519REVENUE GENERAL FUND Reserve for Contingency !001 199 581 i EXPENSES GENERAL FUND/BCC Printing 1001-101-53-1-1 i i Postage !nn1-int-r11-i HOUSING AUTHORITY GENERAL FUND MSTU 17 —uuu—JJ4— -nnn-iQ1- —IV9-581- -1 99-KJQ1 — —Zv0-015— —1 oca—rlQ, _ Boa 87 PAGE 422 SEP �� EPoaI92' Boa 87 PAA,23 L. Final Payment for Professional Engineering Services Round Island Park The Board reviewed memo from Capital Projects Manager Terry Thompson dated August 25, 1992: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works DirectorC�1'� FROM: Terry B. Thompson, P.E�-44 Capital Projects Manager SUBJECT: Final Payment Professional Engineering Services Round Island Park DATE: August 25, 1992 DESCRIPTION AND CONDITIONS On November 19, 1991 the County entered into an agreement with Coastal Technology Corporation for construction plans preparation of proposed site improvements at Round Island Park. The site plan is now complete and Coastal Technology Corporation is requesting final payment including retainage in the amount of $1,507.05. RECOLBNDATIONS AND FUNDING Staff recommends that final payment including the 10% retainage be released. Funding is from Parks Department Fund 001-210-572-033.13. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved final payment in the amount of $1,507.05 to Coastal Tech for professional engineering services relative to Round Island Park Site Improvements, as recommended by staff. 18 M. Cancelling Taxes on Right -of -Way Acquisitions The Board reviewed memo from Lea R. Keller, CLA, dated August 24, 1992: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 24, 1992 RE: CANCELLING TAXES ON R/W ACQUISITIONS The County has recently acquired various pieces of land for right-of-way purposes, and, pursuant to section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purposes. Such cancellation must be done by resolution of the Board with a certified copy being forwarded to the Tax Collector. REQUESTED ACTION: Request Board authorize Chairman to sign and then forward to the Tax Collector a certified copy of the attached resolutions cancelling certain taxes upon lands the County recently acquired for rights of way. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolution 92- 153, cancelling certain delinquent taxes upon publicly owned lands, as recommended by staff. 19 SEP —1 1992 Boos 87 PAcE4 4 BOOK ®/ PA0E-425 Re: Carter Road (SW 1st St.) R/W 8/24/02clesa1)Rg0o/v1C.28 Parcel #17-33-39-00001-0150-00003.2 GILMORE RESOLUTION NO. 92-.153 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, -or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 943, Page 2154, which was recently acquired by Indian River County for right of way purposes on SW First Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Bird , and the motion was seconded by Commissioner Scurlock , and, upon being put to a vote, the vote was as follows: Chairman Carolyn. K. Eggert Absent Vice Chairman Margaret C. Bowman_ Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye District #4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 1st day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By CarolK . Egg 9hairman 20 0 ON _MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolution 92- 154, cancelling certain delinquent taxes upon publicly owned lands, as recommended by staff. Re: Carter Road (SW 1st St.) R/W •29 Parcel # 17-33-39-00001-0130-00002.2 GUENTHNER RESOLUTION NO. 92-_jr A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, .or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, • such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such 'lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of .the county and of the state are authorized, empowered, and directed to, make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book* 943,• Page 2158, which was recently acquired by Indian River County for right of way purposes on SW First Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Bi rd , and the motion was seconded by Commissioner Scurlock , and; upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye District #4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 1st day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 21 By Carolyn K. Eggert i��appirman SP e I, Q9? Bou ®7 PACS BOOK 87 -FmtE 427 ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-Q, Chairman Eggert being absent) adopted Resolution 92- 155, cancelling certain delinquent taxes upon publicly owned lands, as recommended by staff. Re: Cherry Lane (33rd Street) .30 RICHARDSON RESOLUTION NO. 92-yLrL A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,' CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, br municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all Hens for taxes,' delinquent or current, against the property described in O.R. Book 943; Page 2156, which was recently acquired by Indian River County for right of way purposes on Cherry Lane (33rd Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Bird , and the motion was seconded by Commissioner Scurlock , and, upon being put to a vote, the vote was as follows : Chairman Carolyn K. Eggert Absent Vice Chairman Margaret C. Bowman, Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler The Chairman thereupon declared the resolution duly passed and adopted this 1st day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By L ' Carolyn/,K. Egger t6&rman 22 N. Request for Public Hearing to Consider Proposed Ordinance Entitled: An Ordinance of Indian River County Florida Amending Chapter 401 - Building Codes; Section 401.12 Standpipes The Board reviewed memo from Assistant County Attorney Terry O'Brien dated August 24, 1992: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorneyyp(!�)- DATE: August 24, 1992 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 401 - BUILDING CODES; SECTION 401.12 STANDPIPES OF THE INDIAN RIVER COUNTY CODE. A public hearing date of September 22, 1992 is suggested for the subject ordinance. Vice Chairman Bowman asked, and Administrator Chandler confirmed that Emergency Management Director Doug Wright was consulted and is in accord with the proposed amendments to the code. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) scheduled a public hearing on September 22, 1992 to consider a proposed ordinance entitled: An Ordinance of Indian River County, Florida, Amending Chapter 401 - Building Codes; Section 401.12, Standpipes, of the Indian River County Code, as recommended by staff. O. Easement for Utilities - Courthouse Parking Lot The Board reviewed memo from County Attorney Charles Vitunac dated August 26, 1992: 23 FP o BOOK 87 PACE 428 BOOK 8 7 PACE 429 TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: August 26, 1992 RE: EASEMENT FOR UTILITIES - COURTHOUSE PARKING LOT At the July 14, 1992, meeting of the Board of County Commissioners the Board authorized the Chairman to sign an easement to the City for utility facilities under the proposed new courthouse parking garage. After the easement was signed, it was determined by the County's engineer that it would be beneficial to the structural design of the parking garage to relocate the easement by about 15 feet. REQUESTED ACTION: Request the Board consent to the exchange of a new Exhibit "A" for the previously attached Exhibit "A" on the County's easement which was executed 7/14/92. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) consented to the exchange of a new Exhibit "A" for the previously attached Exhibit "A" on the Countyls easement for the Courthouse Parking Lot dated July 14, 1992. COPY OF NEW EXHIBIT "A" IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD P. Grant Contracts for Recycling and Education and for Waste Tire Management The Board reviewed memo from Solid Waste Disposal District Manager Ron Brooks dated August 24, 1992: 24 DATE: AUGUST 24, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO, DIRECTOR SOLID WASTE DISPOSAL DISTRI FROM: RONALD R. BROOKS, MANAGER SOLID WASTE DISPOSAL DISTRI SUBJECT: GRANT CONTRACTS BACKGROUND The SWDD applied to the Florida Department of Environmental Regulation (DER) for grant funds for fiscal year 1992-93. The grant funds were to be awarded for Recycling and Education, and for Waste Tire Management. The grant funds can be applied to capital improvements, education efforts, operational costs related to recycling, and waste tire management. These grant funds are awarded to the County but are to be utilized by the SWDD as reimbursement for the implementation and operation of a recycling program and a waste tire management program. To date the County has been awarded a total amount of funds as follows: Recycling and Education .......$738,019 Waste Tire ....................$139,714 The awarded grant funds for the 1992-93 fiscal year are: Recycling and Education .......$166,628 Waste Tire ....................$ 56,741 The grant contracts for award of grant funds for fiscal year 1992-93 are attached. The contracts must be signed by the Chairperson of the Board of County Commissioners and one copy must be returned to the DER. All conditions related to the award of the grant funds are acceptable and can be readily completed within the normal operation of the SWDD's Recycling Program and Waste Tire Management Program. RECOMMENDATION SWDD staff requests that the Board of County Commissioners approve the grant contracts and authorize the Chairperson of the Board to execute same. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved and authorized the Vice Chairman to execute two (2) grant contracts; for Recycling and Education, and for Waste Tire Management, as recommended by staff. SAID GRANT CONTRACTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 25 EP 87 PAGE 430 aooK 87 PAGE 431 PRESENTATION OF REVENUE SHARING FUNDS TO BOARD FROM U.S. DEPARTMENT OF THE INTERIOR. FISH AND WILDLIFE SERVICES The Board reviewed letters from U.S. Department of the Interior: United States Department of the Interior FISH AND WILDLIFE SERVICE Merritt Island National Wildlife Refuge P.O. Box 6504 Titusville. Florida 32782 August 11, 1992 James Chandler, County Administrator 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Chandler: AUG 1992 ADMINISTRATOR'S OFFICE. � 4 The United States Fish and Wildlife Service has recently acquired property in Indian River County for both Pelican Island and Archie Carr National Wildlife Refuges. Our policy is to provide revenue to local governments in lieu of taxes. The amount is based on a percentage of the appraised value. I am pleased to announce that we have a check to present to the County for this purpose. This is the first time the Service has distributed this revenue sharing to Indian River County. If you feel it would be appropriate, I would be happy to present the check to the County Commission and give a short explanation of the program. If you feel it is appropriate, please advise me when you could work it into the County Commission agenda, (after August 28th). If you do not feel the County Commission would be interested, please provide me a contact to send the check to. Sincerely, Dorn Whitmore Project Director 26 M F t . = United States Department of the FISH AND WILDLIFE SERVICE �w 75 SPRING STREET, S.W. ATLANTA, GEORGIA 7 30303 Interior Dear Sir or Madam: LA -Payment to Counties/Parishes The Fish and Wildlife Service is pleased to present Indian River count County/Parish its refuge revenue sharing payment in the amount of $665.00 This payment for fiscal year 1991 (October 1, 1990 through September 30, 1991) is authorized by the Refuge Revenue Sharing Act of 1978, Public Law 95-469. Funds credited to the National Wildlife Refuge Fund are derived from income generated nationally on Service lands, such as oil and gas revenues, sale of timber products, gravel, grazing receipts, and other products, and is supplemented by appropriated funds. The Act authorizes payment to counties in which Fish and Wildlife Service -owned lands are located, based upon the following methods of computation, whichever is greater: (1) Three-fourths of 1 percent (0.75 percent) of the fair market (appraised) ,value of fee lands located within the county. (2) Seventy-five cents per acre of the fee lands located within the county. (3) Twenty-five percent of net receipts collected by the Fish and Wildlife Service for certain activities permitted on fee lands located within the county. This year's fund did not contain sufficient receipts to make full payment to counties as computed above.' Although Congress, as authorized, did appropriate additional funds, the amount appropriated was not sufficient to provide for a full entitlement payment. The amount of payment for fiscal year 1991 represents 89.6 percent of the total entitlement. Should you have any questions about this payment, please do not hesitate to contact us. Sincerely yours, James W. Pulliam, Jr. Regional Director Vice Chairman Bowman thanked Mr. Whitmore and she stated that we look forward to seeing him in the future. 27 Q BOOK 8 7 PAGE 432 _P-�'2 SEP PUBLIC HEARING BOOK 87 PAGE 433 PROPOSEDORDINANCE OF INDIAN RIVER COUNTY AMENDING CHAPTER 201, COUNTY WATER & SEWER SERVICES, WHICH PRESENT AMENDMENT CALLS FOR AN ANNUAL REVIEW OF USER CHARGES AND AN ANNUAL NOTIFICATION OF THE RATES BEING CHARGED TO EACH USER The hour of 9:05 o'clock A. M. having passed, the- County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press.Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a In the matter in the Court, was pub. . t lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1 Sworn to and subscribed beforl me,ihis d day ofA.D. 19 t . r le.."➢•;u1 r� i e / M (Business Manager) s I RITC tioerd of CountyPtl� IC NOTICE t, PUBL(CM ade r�W. � �� or 9.05 ! TuES�prgedoSEPTEMBER 1. 1992, tc discuss wq t AN ORDMANC! OF entl@ed: t FLORIDA, AMENpING CHAPTER 201, COCDUNU TYY, WATER AND SEWER SERVICES OF THE CODE OF LAWS AND ORDINANCES & INDIAN RIVER - ADOPTED Y ORDIN CE NO. 04 CHAPTER 9 RWHICHH PRESENT AMENDMENT CALLS FOR AN ANNUAL REVIEW OF USER C14ARGES AND AN ANNUAL � NOTIFICATION OF THE RATES BEING =GED. _ TO EACH USER. Anyone who may wish to appeal any d.Wo„b. wh9oh :. at #ft me" will need to enema Which h dudes t�d of the aM prow la made the appeal b based upon whk2i'f AL�guat 13, 1992 824948 t' County Attorney Charles Vitunac explained that this a minor amendment to the Utility Ordinance. The federal grant program requires the annual review. The Vice Chairman opened the public hearing and asked anyone wished to be heard in this matter. There being none, closed the public hearing. 28 if she M ON _MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) adopted Ordinance 92- 35, amending Chapter 201, County Water and Sewer Services, of the Code of Laws and Ordinances of Indian River County, Florida, as recommended by staff. ORDINANCE NO. 92- 35 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201; COUNTY WATER AND SEWER SERVICES, OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, WHICH CHAPTER WAS ADOPTED BY ORDINANCE NO. 91-9,' WHICH PRESENT AMENDMENT CALLS "FOR AN ANNUAL REVIEW OF USER CHARGES AND AN ANNUAL NOTIFICATION OF THE RATES BEING CHARGED TO EACH USER. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. ADOPTION OF AMENDMENT REQUIRING RATE REVIEW AND NOTICE A new Section 201.08-M is created to the Code of Laws and Ordinances of Indian River County, as follows: M. Annual review of user charges and notice of rates (1) Procedure: There shall be an annual review of user charges to ensure that adequate revenues are generated to cover operation, maintenance,. and replacement costs and that these costs are distributed among users in proportion to the service provided. (2) Notice: There shall be an annual notification of the rates being charged to each user by inclusion of . a notice with the regular bill. SECTION 2. EFFECTIVE DATE This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 1st day of September , 1992. 29 SSP e 1.19P BOOK 87 PAGE 434 Fr,- -1 BOOK 87 PA1E 35 This ordinance was advertised in the Vero Beach Press Journal on the 3rd day of August , 1992, for a public hearing to be held on the 1 St day of September 1992, at which time it was moved for adoption by Commissioner Bird , and the motion was seconded by Commissioner Scurlock , and, upon being put to a vote, the- vote was as follows: Chairman Carolyn K. Eggert Absent Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District #4 Commission Seat is Vacant The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN - VER COUNTY, FLORIDA By CarolyA K. Eg haiifiian ACKNOWLEDGMENT by the Department of State of the State of Florida, this 8th day of September , 1992. EFFECTIVE DATE: Acknowledgment for the Department of State received on this 14th day of September , 1992, at. 10:0010:00--fa-m-/p.m. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER SERVICE TO GLENDALE LAKES SUBDIVISION (NORTH OF 8TH STREET TO 10TH STREET) County Attorney Charles Vitunac advised that this is a continuation of the public hearing at the meeting of August 18, 1992. The Board reviewed memo.from Assessment Projects Manager James Chastain dated August 25, 1992: 30 DATE: AUGUST 25, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRA' THRU: TERRANCE G. PI DIRECTOR OF UTIL SERVICES FROM: JAMES D. CHAST MANAGER OF ASS T PROJECTS DEPARTMENT OF UTILITY SERVICES SUBJECT: GLENDALE LAKES SUBDIVISION AND NEIGHBORING PROPERTIES INDIAN RIVER COUNTY PROJECT NO. UW -92 -11 -DS BACKGROUND The August 18, 1992 public hearing for the above -referenced project was continued until September 1, 1992 by the Board of County Commissioners and requested -the Utilities Department to review the Gallagher and Earman proposed assessments. ANALYSIS The Gallagher property was reviewed without recommendation of adjustment in the assessment. With the August 18 public hearing to be continued on September 1, the Earman property (Parcel I.D. No. 09 33 39 00001,D160 00004.0) was reviewed with the Planning Department. The north 264.031± along the west side of 46th Avenue is not likely buildable due to 25 -foot setbacks, front and rear. Also, all septic tanks must be at least 75 feet from water/lakes. Deleting the non -buildable area in the amount of 40,405 square feet from the original proposed assessment of 138,284 square feet would reduce the assessed area to 97,879 square feet (approximately 2.25 acres). This would reduce the Earman property assessment by $5,027.97 and increase the other properties in the assessment as shown on the attached schedule. RECOMMENDATION Analyzing the portion of the property not likely buildable, and in consideration that the Earman family have offered to provide a deed restriction which would not allow further development, if the Board of County Commissioners decides upon this adjustment in the assessment, the Department would recommend such deed restriction. The effect on the attached assessment roll is as follows: The Earman property assessment: Original Revised Total project assessment: Original net square footage to be assessed: Revised net square footage: Original cost per square foot: Revised cost per square foot: 31 Fp 92 $18,649.39 $13,621.43 $176,219.75 1,306,660 1,266,255 $0.134863 $0.139166 BOOK 87 PAGE 436 m 11992 BOOK 87 PAGE 437 Utility Services Director Terry Pinto advised that the decision to reduce the square footage from the Earman property was made after discussion with the Planning Department. Commissioner Scurlock asked for clarification regarding the Earman property being serviced from an existing water line, and why that decision was not made originally. Director Pinto explained that after removing the undevelopable portion, the part that would receive service is blocked from the lake side, and the water line could not be installed from that direction. The revised property arrangement has access for a water line from 8th Street. Director Pinto stated that staff could not find anything special about the Gallagher property. Following the Board's direction, staff analyzed the possibility of removing this property from the assessment roll and concluded that the water line is necessary. If the Gallagher property is removed from the assessment roll, the assessments to the other people in the project would be raised substantially. Fred Gallagher stated that it is his opinion, as it was two weeks ago, that he is being over -assessed for this water line. He felt he will never get benefit equal to the assessment of $12,000. Mr. Gallagher stated that his original request was to exclude the properties north of 10th Street. In the alternative, he asked that his assessment be done by using the 150 -foot rate as was used for his neighbors' assessments. He pointed out that his 3.9 -acre parcel was assessed at $12,000, while his neighbor's 18 -acre parcel was assessed at $13,000. Lengthy discussion ensued regarding various methods of calculating assessments as well as the necessity for this water line to be constructed. Edwin Potter, 4720 10th Street, stated that he wrote a letter to the Vice Chairman to express his feelings about the assessment but never received a response. He also stated that he and his neighbors on the north side of 10th Street were not part of the petition for this water line. There are five property owners on the north side of 10th Street and four property owners on the south side of 10th Street who are affected by this assessment and over 2/3 of them signed a petition saying they did not want that line constructed. Mr. Potter reported that he had conversations with Mr. Chastain and Mr. Pinto and they told him the line was needed to make a loop to be able to flush the lines and because it was part of the master plan, but Mr. Potter could not understand why there has to be a water line there. when he and his neighbors do not want it. 32 Joseph Earman, 4375 9th Lane, stated that he was given the information regarding his adjustment five minutes before the meeting and he asked for a one-week postponement to allow him the opportunity to discuss the adjustment with his family and their attorney. Discussion ensued regarding postponement, and the Board agreed that a one-week continuance would give staff further opportunity to analyze the assessments. Attorney Vitunac advised that all interested parties should be present, so the Board could continue the discussion for one week. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) continued discussion of this item to 9:05 A. M. on September 8, 1992. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO THE ROADS IN FLORAL PARR AND RANCH ESTATES SUBDIVISION The hour of 9:05 o'clock A. M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: 33 BOOK 8 7 PAGE 4J-1on SEP ® � ? BOOK 87 FACE 439 Y PUBLIC NOTICE RESOLUTION NO.92-1�13 A RESOLUTION OF THE BOARD OF VERO BEACH PRESS -JOURNAL COUNTY COMMISSIONERS OF INDIAN , ' RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN �PAVN13 AND DRAINAGE '. IMPROVEMENTS TO THE ROADS IN Published Daily RANCH EPARK STATES ��m ION, SUBDIVISION, • Vero B@Ooh, Indian River County, Florida ING THE TOTAL ESTIMATED COST,METHOD OF PAYMENT OF ASSESS- MENTS, NUMBER OF ANNUAL INSTALL- MENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. COUNTY OF INDIAN RIVER: STATE OF FLORIDA WHEREAS, the County Public works Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath hor as provements for the roads In Flor nd says that he Is Business Manager of the Vero Beach Press•Journal, a daily newspaper published Sion, and Ranch Estates Subdivision. . at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being WHEREAS, the construction of paving and draln. age rsvemerhts by assessment funding is d County Cade of on 'Laws Ordinances; tt a / and cost estimates and preliminary assessment rolls L have been complete ed hby the Public Works aroDaeopsaertd- ment; and the total estimated f the in the matter of BRED SE EN1�TFjREE THDV�SAfoJ 1 °Ne HI N. DRED THIRTY DOLLARS AND NINETY-SEVEN CENTS ($173,530.97); and WHEREAS, the special assessment provided her. sunder shag, for any given record owner of property within the area spedtalllllyy benefited, be in an amount • men to apprCent (67�%) of th totalthat cost o thon e proms in the Court, was pub- 851 which the number of square footage - ($117, �J owned by the given owner bears to the total number dished in said newspaper in the issues of d l i Of square footage within the areas specially bene- filed of � Percont (25%) of Ire total Cost 2.�.i 1 will come from Petition giving Aoc count;; and ap2.7p4r)6xlmateiy of M percent (8%) of the total cost of tie project ($12,561.38) wig come from the Gas Tax Revemie; and P% WHEREAS, the special assessment shag become Affiant further says that the said Vero Beach Press- Rtrnew al is a nAoler publi d at due and payable at the Office of the Tax Collector Vero Beach, in said Indian River County, Florida, and that -the said newspaper s her ore of Indian River County ninety (90) days after the been continuously published in said Indian River County,' Florida, each dallg�nd ha een final o determination 11 of the special assessment purse- • ant to Section 11-47, Indian River County Code of entered as second class mail matter at the post office in Vero Beach, in said Indian Rive un- Laws and ordinances; and ty, Florida, for a period of one year next preceding the first publication of the attached 6b y of WHEREAS, �(y special assessment not paid '��,, within sold ninety 90) =y period shat bear Interest advertisement; and affiant further says that he has neither paid nor promised'any pert3ori, firm beyond the due date at a rate established by the or corporation any discount, rebate, commission or refund for, the purpose of se ring this Board of County Commissioners at the time of advertisement for publication in the said newspaper. preparation of the final assessment roll, and shag be payable in five (5) equal Installmerns, the first to be made twelve (12) months from the due date and Sworn to and subscribed before me t i d� of A.D. 19 seq payments to be due yearsyr, and suWHER LEAS, after examination of the nature and �•• H' h , y ; anddpaled usage of the proposed improvements, the Board of County Commissioners has deter- mined that the following described ., (Business Manager) receive a direcements, tot seFlal benefit horn these ini,- f�f�GK Lots 1 thru 12, Block 1; Lot 1, Black 2: .46 Lots 6 thru 12, Block 2; Lots 1 thru 12, Block 3; Lot 1, Black 4; Lots 7 thru 12, (SEAL) Block 4; Ranch Estates Subdivision, Plat Book 4, Page 92 of the Public Records of Indian R(vor /iott:'nt. S!'",,f 7.;tj_(j Lots 1 thru 14, tock A; Lots 1 thru 10, Block B; and Lots 13 through 22, Block S; Mr COMMISWM Ewk.a !er.,a 9.o, Iri3 Floral of the SPu b scion,RecoPlat ofBook ri Rvp County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF N- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are eff mad and ratified In their en 2. A prolect providing for paving and drainage Im- provements to the roads In Floral Park Subdivision, and Ranch Estates Subdivision; heretofore desig- nated as Public Works Project No. 8610 is hereby Nved subject to the terms outlined above and, applicable requirements of Section 11-41, at seq. Indian River County Code of Laws and Ordinances. The foregoing resoiutlon was offeredby Commts- Slow Bird, who proved its adopton. The muton r ,was seconded by Commissioner Bowman, and, upon being put to a vote, the vote was as follows: Chairman Carol K. Eggert Vie Chairman Marga C Bowman Aye Commissioner Don C Scurlock, Jr, _ Aye Commissioner Richard N. Bird Aye District IV - Vacant b The Chairman thereupon deyclared ythe resolutbrt P 1992 BOARD adoptedand COUNTof Ju Y COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA • By-s-CAROLYN K. EGGERT Attest: ? J.K. Barton, bpy-.--ss--Ay.tlark W terhouse. yAug. f6, 1992 926098 34 �ZyLb272 AUG 1992 ReceiVed p LR.C, Fnance r� Dept VERO BEACH PRESS -JOURNAL 1N Published Daily )DIAN Vero Beach, Indian River County, Florida RIVER: STATE OF FLORIDA ore the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being n In the matter of`�'GL�I� In the Court, was pub- lished In said newspaper in the issues of Affiant said Vero Beach at Vero Beach, said Indian hRivereCounty. Florida, and that Press-journal said newspaper has heretoforet 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; anis affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day o(2U A.D. 19 (Busingt�pr Manager) (SEAL) y' p:11 -my Dgr.r- :° )fp . , r7 ice f4vfes.:^.-aIry .J—.:2Y, 19y3 --mCN I tU THEREBY. of IlanRiver the of County Commissioners County has. by Resolution No. 92- 133, determined that k is necessary for the public welfare of the citizens of the thosecounty. and Perdculerly ,;[wwiithln the aredescribed•working, And offing property drain Improvemenmaddetoto; a d paving and WHEREAS, the Board of County Commissioners has caused an assessment ron to be completed and filed with the Cleric to the aoard• and Code, requires WHEREAS, Section 11-48, Indian River County stoners shall xfl a ttimat e andplace er of the s' WS Other of ooff tthe properties to be Assessed or of County ComInterested nmidsskmnerys appear be e'dany the drainato the ge and advisatkitty making paving Arid 9e improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each prop - O rty benefited the ARDOF O` FCOU UONTYE EBE IT RESOLVED BY THE DIAN RIVER COUNTY. FLORIDA, as ffollows•ONERSOF IN 1CommissCounty mC bers In the meet d the County Building at the hour of 9:05 A.M. on Tues sit Sep- t ternber 1, 1992, at which time the owners of the pprroperties to be assessed aril any other Interested Pers ee tl may appear before said Commission and and the- -regard thereto. The area to be improved more. pertacuiariyesdescribed bespecia uponI tebenefited are dal assssesssmantthe agssment hop wltil regard assessment 2. All persons hrterested in the construction of said thPrO'rements and the special assessments against the the Properties to be specially benefited may review sensed, the antssesssmens f°� g� area n s cl- fications for said Piens and d an at ed - the cost thereof atpthe office Improvements, nthe Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Note of the ti shag be me and place of this public hearing two PubGccatiggi�venh by the Department of Public Works by ons in ttm Vero Beach Preae.bhrmal Newspaper a week apart. The last Puprestlon shag be at least one week prior to the date of the hear- h�q The Indian River County Department of Public Works shall ghre the owner• of each property to be specially a� � at least ten days notice m w►iting !^c1�9 a Piece, which shah be served by )7 copy of such notice to each of such prop. er owrK® rs at his last known address. iiBird, resolution was moved for adoption by Com - t Commlasloner Boowwman and. a was seconded i. vote, the vote was as follows: �t t a Chairman Carolyn K. Eggert Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Squtock Jr. Commissioner Richard N. Bird Aye Th' CommIsslOner C hal nary C. Whore%r � the declared the Rest duiY Passed and ado led this 28 day of July1 resolution9 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ' B_Y LYN K. EQpERT Attest: Chairman mhan J.K. Barton ' by: -s -A Watertpuse i .18. 25,1992 928097 The -Board reviewed memo from Civil Engineer Michelle Gentile dated August 13, 1992: 35 CEP -1 199? BOOK 87 FADE 440 EpAi I TO: THROUGH: FROM:, SUBJECT: DATE: BOOK 87 PAGE 441 James Chandler County Administrator CA James W. Davis, P.E. Public Works Director ice. and.* Roger D. Cain,' P.E. County Engineer l)A Michelle A. Gentile C.E.T. Civil Engineer Public Hearing for the Paving & Drainage Improvements to the Roads in Floral Park and Ranch Estates Subdivisions August 13, 1992 DESCRIPTION AND CONDITIONS On July 28, 1992 the Board of County Commissioners adopted Resolution No. 92-133 providing for certain paving and drainage improvements to the roads in Floral Park and Ranch -Estates Subdivisions. The County Public Works Department has received a new petition for a public improvement assessment for road paving and drainage improvements for the roads in Floral Park Subdivision and Ranch Estates Subdivision. This petition was received in June, 1992 and supersedes the original petition. There are presently 23 homes in Floral Park and Ranch Estates Subdivisions. Owners of 16 homes have signed the petition making 70% of the property owners, who actually live in the benefited area, and 37% of the total square footage of the benefited area, in favor of having these roads paved. They are also requesting an extension of the payment schedule from 2 years to 5 years. On July 28, 1992, the Board of County Commissioners -adopted another Resolution 92-134 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for September 1, 1992. RECOMMENDATION Staff recommends the Board of County Commissioners approve the assessment roll, and confirming resolution with changes, if any, made after input at the September 1, 1992 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. 36 M ASSESSMENT PLAT FLORAL PAR!( & RANCH EST -AT -ES e1r^nnu iiuIr M Public Works Director Jim Davis advised that earlier in the year staff was requested to and did communicate with the property owners in the subdivision to consider the possibilities of reducing the cost of the project. The assessment roll shows a cost per square foot of approximately $.16; a typical lot of 12,000 square feet would be assessed approximately $2,000 for road paving and drainage improvements. Director Davis pointed out a change in the assessment roll regarding the property owned by Plant Foods, Inc., which is commercial property and will not connect to any of the roads in the subdivision. That property was removed from the assessment roll and the Board agreed to pick up the funding of that assessment. The property owner agreed to donate right-of-way for the 56th Avenue paving. 37 BOOK 87 FADE 442 BOOK 87 FACE 443 The Vice Chairman opened the public hearing and asked if anyone wished to be heard in this matter. The following property owners in Floral Park and Ranch Estates Subdivision were opposed to the assessment for paving the roads: Godfrey Gipson, 4136 57th Court, stated that paving was requested some 9 years ago, when the economy was in a stable condition, whereas at this time some of the property owners are out of work, some have retired, and the economic situation is bad. He pointed out that the most recent petition had the names of 15 home owners, but there are other home owners and lot owners who are opposed to the petition paving and who will have to pay the assessment if this is passed. He also objected to several exempted properties. Mr. Gipson stated he had a petition asking that this project be delayed until times are better for the people. He clarified that the petition he was submitting did not come from the home owners' association but rather from individual home owners and was a result of discussions between home owners and County staff and staff's request for a more current petition. Joyce Broxton, 4325 57th Court, speaking for herself and her husband Donald, agreed we all want improved streets but, they feel this assessment would put too much of a burden on her family's financial condition. Teresa Henderson, 4135 57th Avenue, stated that she is semi- retired and in ill health and would have no way of paying the assessment. Dupree Dawkins, 5636 42nd Street, stated that he has two children in school and cannot afford this assessment. William Wilson, 4116 57th Court, objected to exempting the commercial property because no matter which side of the road, that owner is going to receive benefit from the paving. Mr. Wilson wanted to delay the project because of the bad economic times. Annie Jenkins, 4520 38th Court in Gifford, owner of property in the subdivision, was concerned that people are not able to pay for the project. Arthur James Harris, 1850 38th Place, representing lots 11 and 12 in Ranch Estates, urged the Board to defer the project. Hazel Hudson, 4255 57th Avenue, speaking for herself and her husband, Harry, stated they have lived there for over 19 years and have no problem getting into their house. Her main objection was that the assessment is too high and she asked whether staff could work on lowering that assessment. The following property owners in Floral Park and Ranch Estates Subdivision were in favor of the assessment for paving the roads: 38 Leonard A. Wilson, Sr., 4205 57th Court, explained that the petition submitted by Mr. Gipson was not discussed by the members of the home owners' association and that the petition which was officially submitted by the home owners' association, which was signed by 71% of the home owners who live in the area, should be considered by the Board. Don Reagan, 5685 41st Street, described how after a 15 -minute rain she can hardly get into her garage. She wanted to improve her community and felt if it is delayed now, it may be another 9 years before it comes up again. Andrew Jefferson, 4256 57th Avenue, was concerned that if the project is deferred now, other problems will arise to cause opposition in the future. He urged the Board"to take a hard look at it and consider what the residents are dealing with on a daily basis. Ruth Jefferson, 4236 57th Avenue, agreed that staff has worked to present a rate as low as possible, and pointed out that interest rates are low right now. She realized that people do not want to be burdened with additional costs at this time but it may cost more in two years. She stated that the streets are muddy, and she wished the Board would consider those who live in homes in that area and have to deal with the situation. Ernestine Williams, 4125 56th Avenue, thought the paving will enhance the value of the subdivision and if it is delayed, it may be 3 or 4 years before the roads will be paved. Rudolph Gipson, 4155 57th Avenue, asked how staff arrived at 71%. Director Davis explained that of the 21 homes in the subdivision, 15 home owners petitioned for the paving. There are more lots that do not have homes built on them. When the petition was submitted in 1986, 51% of the property owners signed that petition. He estimated that presently owners of 37% of the total land assessed in the area have signed the petition for paving; 71% of the owners of those lots with homes on them are in favor of the paving. Commissioner Bird asked if a health or safety situation is driving this project. Director Davis responded that staff is recommending this paving project for several reasons: because the roads within this subdivision connect to Kings Highway on the west, and unpaved road networks tend to track sand and dirt onto the paved road system; it is more cost effective in the life cycle to pave the roads rather than continuing to maintain them with the grader; stormwater runoff is cleaner from paved roads because it does not carry sand and 39 11992 Bou 87 FACE 444 BOOK 87 PAGE 445 pollutants into the drainage system; this project area is bordered on the south by 41st Street, which is a collector road; -and this project is within the urban service area which we are doing our best to get paved. Mr. Davis continued that it is fairly normal for the owners of vacant lots in a subdivision not to favor petition paving because they do not live there, but a community will develop in a nicer way with a paved road system. Commissioner Bird felt that the burden may be greater on the owners of a vacant lot because they may have another house they have to maintain and they have the dream of building a home on that vacant lot, but they cannot afford to build the home, let alone pay to have the road paved. Director Davis explained that the 5 -year payback plan was suggested to ease the burden. Teresa Henderson returned to the microphone and asked if the road will be dug up to install water lines after the road is paved. She felt the water is more important than the paving. Director Davis assured the property owners and the Board that Public Works coordinates with the Utilities Department and if water lines are imminent we will "sleeve" it and there will not be any tearing up of the roads. County Engineer Roger Cain explained that at the last meeting with staff, those home owners who attended were in favor of the paving. The situation is that the people who live there and have to contend with the situation would like to see it paved. Staff have worked on the costs and cut the costs substantially and increased the length of time to pay back. Mr. Cain clarified that although that one property on 56th Avenue was deleted from the benefitted area, that portion of the road will be paved within this project. Director Davis added that the property owner is donating 25 feet of right-of-way, which is probably worth $15,000, so he is contributing to the project even though he will not connect to the road. Vice Chairman Bowman led discussion regarding the timing of this project if it were deferred. Director Davis felt it could be brought up again fairly quickly. Mr. Cain explained that Public Works would apply for the St. Johns River Water Management District permit, which is good for 5 years, and he estimated that it would be a minimum of 2 years before this paving project would come up again. Teresa Henderson asked,forclarification on the commercial property which was being exempted from the assessment and about the 40 M M - percentages of 25%, 50% and 75% which the County covers on paving projects. Director Davis clarified that the owner of the property on the east side of 56th Avenue will donate 25 feet of right-of-way in lieu of paying an assessment, and the Board of County Commissioners will pay $12,000 from other revenue sources so that portion of the assessment will not be passed on to the other owners in the subdivision. He further explained that for roads that are entirely within a subdivision and used by residents within the subdivision the County pays 25% and the owners pay 75% of the cost of paving. If the road is a collector road which serves many more people, and many more cars travel that road than just the residents, the County pays 50% of the cost of that paving. Discussion ensued regarding the details involved in deferring the project for 6 months until the home owners could come back with more positive feelings from a larger percentage of the owners. Director Davis assured the Board that there is flexibility, but he could not promise that the assessment roll would stay as it is because the cost of materials may go up. Director Davis stated that staff would like some direction as to when the Board would reconsider this project; would it be when the petition is at a certain percentage, or when there is more positive feeling from the owners, or is the Board asking for some other criteria. Andrew Jefferson commented that if the Board waits until there is more positive feeling from the property owners, that may never happen. He pointed out that if an owner lives in another part of the county and owns a vacant lot in this subdivision, they would be opposed to the paving project, while the folks that live there want their community upgraded. Director Davis stated that this assessment is in line with other assessments we have been doing, and lower than some. He explained that the lots have deep frontage and some owners have more than one lot. Bill Koolage, 11 Vista Gardens Trail, suggested a 10 -year payback. Vice Chairman Bowman explained that a 5 -year payback was chosen to try to keep the interest costs as low as possible. It was determined that no one else wished to be heard and the Vice Chairman closed the public hearing. 41 BOOK 8 7 FA)E 44' BOOK 87 PAGE 447 MOTION WAS MADE by Commissioner Scurlock to adopt the Resolution confirming the assessment roll. THE MOTION DIED FOR LACK OF A SECOND. MOTION WAS MADE by Commissioner Bird, SECONDED by Vice Chairman Bowman, to defer the project for one year, during which time the project should be reconsidered and the petition revalidated and new cost estimates be established. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and failed by a 2-1 vote, Commissioner Scurlock voting in opposition. County Attorney Charles Vitunac advised that since only 3 members of the Commission were present, the vote must be unanimous to carry a Motion. The Board could attempt another motion, or continue this item to the next regular meeting, at which time there may be more Commissioners present. Commissioner Scurlock felt that the paving should be done, he did not want to delay it for a year, and he suggested the item<be rescheduled for a time after the new Board would be seated when 5 Commissioners would be present. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolution 92- 176* setting a second public hearing at 9:05 A. M. on November 24, 1992 at which the owners of property in Floral Park Subdivision and Ranch Estates Subdivision and other interested persons may appear and be heard on the advisability of making paving and drainage improvements to said property. *This resolution number was taken out of order. W Time and Place (Second Reso.) 2/20/91(ENG)RES2.MAG\gfk RESOLUTION NO. 92- 176 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN FLORAL PARK SUBDIVISION, AND RANCH ESTATES SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY 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. 92-133, determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living; working, and owning property within the area described hereafter, that paving and drainage improvements be made to; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday, November 24. 1992, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved _ a and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 43 • 3EP m j 19? Boa 87 PAGE 449 RESOLUTION NO. 92-176 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such progerty owners at his last known address. The resolution was moved for adoption by .Commissioner Scurlock , and the, motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District 4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 1st day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN IVER COUNTY, FLORIDA By CAROL K. EG Chai an 44 The Vice Chairman recessed the meeting briefly at 11:05 A. M. and the Board reconvened at 11:12 A. M. with all members present APPROVAL OF FISCAL YEAR 1992-93 EMERGENCY MEDICAL SERVICE GRANT The Board reviewed memo from Emergency Services Director Doug Wright dated August 19, 1992: TO: Board of County Commissioners THROUGH: James Chandler County Administrator FROM: Doug Wright, Director Department of Emergency Services DATE: August 19, 1992 SUBJECT: Approval of FY 92-93 EMS Grant It is respectfully requested the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. - DESCRIPTION AND CONDITIONS The Department of Health and Rehabilitative Services, Office of Emergency Medical Services (EMS), is authorized by Chapter 401, Part II, Florida Statutes, to distribute county grant funds. The funds are then made available to eligible county governments to improve and expand their pre -hospital emergency medical services. The grant program is an innovative process which enables EMS agencies to enhance EMS systems through the Board of County Commissioners. The EMS Grant has been prepared describing program needs and proposing grant objectives as well as time frames for completion. Although submission of the grant is being undertaken, the State EMS Office has advised staff that the grant funds may be fully distributed, partially distributed, or not distributed at all to county governments. The governing factor is dependant upon the financial status of the State after October 1, 1992, and actions of the Governor. The grant application is being submitted in the hope that the funds will be released to local governments and having the application on file will assure Indian River County of its allocation if'the funds are distributed. ALTERNATIVES AND ANALYSIS The county grant funds are derived from surcharges on various traffic violations. Funding in the amount of $35,358.03 has been allocated to Indian River County for FY 92-93. The grant funds will be utilized as indicated in the grant for equipment and services to improve and expand the Advanced Life Support EMS pre- hospital system. RECOMMENDATION Staff recommends approval of the FY 92-93 EMS Grant and resolution to purchase the equipment and services as noted in attachments. Staff- further recommends that the Board of County Commissioners authorize the Chairman to execute the necessary documents to obtain funds from -HRS in the amount of $35,358.03 and authorize budget amendments as required to receive and expend the grant funds. 45 BOOK 87 FAGS 450 m 9 9b BOCK 87 FAGS 451 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolution 92- 156 authorizing the application for funding County Emergency Medical Services Grant Awards to be submitted to the State of Florida Department of Health and Rehabilitative Services, and approved and authorized the Vice Chairman to execute said Grant Application, as recommended by staff. GRANT APPLICATION IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD RESOLUTION NO. 92-156 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARDS TO BE SUBMITTED TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES. WHEREAS, The Florida Department of Health and Rehabilitative Services has announced that applications for funding County Emergency Medical Services (EMS) Grant awards are now being accepted and a grant application has been prepared for Indian River County; and WHEREAS, an application for grant funds for fiscal year 1992- 93 has been prepared by the County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to sign and execute the application for EMS grant funds certifying that monies from the EMS Grant Program For Counties will improve and expand the County's pre -hospital EMS system and that the funds will not be used to supplant existing County EMS budget allocations. The foregoing Resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner _gird and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent Vice -Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye— Vacant (District 4) The Chairman thereupon declared the resolution duly passed and adopted this 1 day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN �IVER COUNTY, FLORIDA BY: Caro y K. Egge, , Chairman 46 ADMINISTRATIVE POLICY MANUAL The Board reviewed memo from Personnel Director Jack Price dated August 20, 1992: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To: James Chandler, Date: August 20, 1992 County Administrator From: Jack Price, Personnel Sub: Administrative Policy Manual ................................................................. Attached is the Administrative Policy Manual unit "DISABILITIES ACT -PUBLIC COMPLAINTS". The Americans With Disabilities Act requires that a mechanism be provided through which members of the public can present their complaints. This policy has been reviewed by your staff, the Executive Aide to the Board of County Commissioners, and the County Attorney. Their comments and suggestions are reflected. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, ,Chairman Eggert being absent) adopted the Administrative Policy Manual unit "Disabilities Act - Public Complaints" as follows: ADMINISTRATIVE POLICY MANUAL POLICY: SECTION PERSONNEL NUMBERI DATE EFFECTIVE AM -607.1 09-01-92 SUBJECT DISABILITIES ACT -PUBLIC PAGE 'a 1 OF 2 It is the policy of the County to comply with the Americans With Disabilities Act (ADA) of 1990. Members of the general.public will be provided with an opportunity to present their complaints regarding ADA and appeal decisions by management through a formal complaint resolution procedure. All complaints received will be resolved fairly and promptly. Individuals currently employed by Indian River County may pursue complaints through policy AM -904.1 (Grievance Procedure). COMMENT: 1. If a member of the general public believes that they have been discriminated against on the basis of a disability by the County, that person or his authorized representative may submit a written complaint to the County's ADA Coordinator at 1840 25th Street, Vero Beach, Florida 32960. The written complaint must include the following four items: 47 BOOK 87 RAvE 452 SVP -I IPO? SEP - 1 X992 BOOK 87 PAGE 453 _I 1) the name and address of the individual or authorized representative filing the complaint; Z) a detailed description of the County's alleged discriminatory action including the nature and date of the alleged violation; 3) a signature of the complainant or the authorized representative; 4) a description or identification (by name, if possible) of alleged victims of discrimination if the complaint is filed on behalf of a class of individuals. The written complaint must also be submitted within 180 days from the date of the alleged discrimination unless a good cause for the delay can be demonstrated to the ADA Coordinator. After the complaint has been received, the ADA Coordinator will review the complaint (including. consultation with the Director within whose scope of responsibility the alleged violation or condition occurred) and attempt to resolve it promptly and equitably. The Coordinator will respond to the complainant in writing within ten business days from the date the complaint was received by the Coordinator, with the action to be taken. 2. If the complaint cannot be resolved to the satisfaction of the complainant by the .ADA Coordinator, the complainant may forward the written complaint to the County's ADA Compliance Committee at 1840 25th Street, Vero Beach, Florida 32960 within five business days of receiving the Coordinator's written response. This informal County committee is composed of theADA Coordinator, Personnel Director, Deputy County Attorney, Building and Grounds Superintendent, Building Department Director, and a member of the disabled community, or their designees. The Committee will review the complaint and attempt to resolve it promptly and equitably. The Committee will respond to the complainant in writing within ten business days, from the date the complaint was received by the Committee, with the action to be taken. 3. If the complaint cannot be resolved to the satisfaction of the complainant by the ADA Compliance Committee, the complainant may forward the written complaint to the County Administrator at 1840 25th Street, Vero Beach, Florida 32960 within five business days of receiving the Compliance Committee's written response. The Administrator will review the complaint and attempt to resolve it promptly and equitably. The Administrator will respond to the complainant in writing within ten business days from the date the complaint, was received by the Administrator with the action to be taken. 4 _If the complaint cannot be resolved to the satisfaction of the complainant by the County Administrator, the complainant may forward the written complaint to the County Administrator's office at 1840 25th Street, Vero Beach, Florida 32960 within five business days of receiving the County Administrator's written response. The Administrator will place the complaint on the next available Board of County Commissioners' agenda. After the Board hears the complaint, the Board will make the final decision without further right to administrative appeal. - 5. A record of the complaint and the action taken at each step will be maintained as the official record in the ADA Coordinator's office. 6. A complaint not advanced to the next higher step within the specified time limits shall be deemed permanently withdrawn and'as having been resolved on the basis of the decision most recently given. Failure on the part of the County's representative to respond within the specified time limit will entitle the complainant to proceed to the next step. 48 M77 4TH STREET BIKE PATH - RIGHT-OF-WAY ACQUISITION The Board reviewed memo from Public Works Director Jim Davis dated August 24, 1992: T0: James E. Chandler, County Administrator FROM: James•W. Davis, P.E. Public Works Director SUBJECT: 4th Street Bike Path - Right -of -Way Acquisition DATE: August 24, 1992 FILE: 4stbike.agn DESCRIPTION AND CONDITIONS Mr. and Mrs. Glenn H. Blair and Mr. & Mrs. Edward R. Lipscomb each have agreed to sell to the County a parcel of land 10 feet by 150 feet along 4th Street just west of 27th Avenue. This right-of-way is needed to complete a section of sidewalk along 4th Street. The Blair's and the Lipscomb's have agreed to sell the land for $750 apiece plus relocation of palm trees, for a total of $1,500. ALTERNATIVES AND ANALYSIS This right-of-way is needed to provide for a 10' wide sidewalk along the north side of 4th Street. The alternatives are as follows: Alternative No. 1 Approve the right-of-way acquisition at a cost of $1,500. Alternative No. 2 Not approve the purchase and not proceed with the sidewalk construction. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended. Funding to be from Secondary Road Trust Fund ($200,000 budgeted in FY 91/92 budget). ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the right-of- way acquisition at a cost of $1,500, as recommended by staff. 49 booK 87 PAGE 454 � �I S , '' 1'92 BOOK 87 PACE 455 - SLUDGE/SEPTAGE FACILITY - RETAINAGE The Board reviewed memo from Utility Services Director Terry Pinto dated August 21, 1992: DATE: AUGUST 21, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI 01 DIRECT OF UT ITY VICES STAFFED AND PREPARED BY: H. D. " OSTER, P.E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: SLUDGE/SEPTAGE FACILITY RETAINAGE BACKGROUND: The agreement with the contractor for the Sludge/Septage Facility states that ten (10) percent of all monies earned by the Contractor - shall be retained by the County until the project is totally completed as specified, and accepted by the County except that after 50 percent of the work has been satisfactorily completed, the Contractor Administrator may reduce the retainage to 5 percent of all monies earned (see attached). ANALYSIS: The contractor, Poole & Kent, has completed 50% of the project and requests that his retainage be reduced to 5% of all monies earned in accordance with paragraph 5.2 of his agreement with the County (letter from CDM attached). RECOMMENDATION: The staff of the Department of Utility Services recommends approval of the retainage reduction from 10% to 5% of monies earned. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the retainage reduction from 10% to 5% of all monies earned by Poole & Kent, as recommended by staff. SLUDGE/SEPTAGE FACILITY - FUEL STORAGE SYSTEM �I The Board reviewed memo from Utility Services Director Terry Pinto dated August 21, 1992: DATE: AUGUST 21, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTIL SERVICES STAFFED AND PREPARED BY: H. D. "DUKE" OSTER, P. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: SLUDGE/SEPTAGE FACILITY FUEL STORAGE SYSTEM BACKGROUND: The fuel storage system for emergency power at the Sludge/Septage Facility is an above -ground system. During the design phase, Camp Dresser & McKee Inc. (CDM) contacted Mr. Charles Vogt, III at the HRS/Indian River County Public Health Unit for direction as to what above -ground fuel storage system would best meet local and state regulations. In May of 1991, CDM sent a copy of the fuel storage system design to Mr. Vogt for his review and comment. Mr. Vogt responded with a letter containing five comments, which were incorporated into the design. ANALYSIS: At a meeting with HRS on August 13, 1992, we were informed that the regulations had changed in April of 1992, and the fuel storage system as designed would require that rainwater collected in the containment sump would need to be monitored for compliance with state and federal regulations prior to discharge. This is in accordance with Florida Department of Environmental Regulation 17-762 of the Florida Administrative Code for Above -ground Storage Tank Systems. An enclosed fuel storage system would eliminate the need for monitoring. A containment system for this project would cost approximately $6,000.00 for the containment structure delivered to the site at the Gifford Wastewater Treatment Plant and installed on the slab provided by our prime contractor, Poole & Kent. The contractor needs to be informed which fuel containment structure he should construct as soon as possible to avoid delays and associated costs (see attached letter from CDM). RECOMMENDATION: Because of the cost of sampling following every rainfall, as well as potential changes in state or federal stormwater discharge regulations in the future, the staff of the Department of Utility Services recommends that the contractor be directed to construct the enclosed fuel containment system at an estimated cost of $6,000.00. 51 BOOK 87 PAGE 456 -1199, J "-�� o �OaK, 87 PAGE 457 �3 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved construction of an enclosed fuel containment system at an estimated cost of $6,000.00, as set out in staff's recommendation. RESOLUTION IV - FLORIDACRES136TH AVENUE WATER SERVICE PROJECT FINAL ASSESSMENT ROLL The Board reviewed memo from Utility Services Director Terry Pinto dated August 24, 1992: DATE: AUGUST 24, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PIN 1P1 DIRECTOR OF UTILITY RVICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF AS PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: RESOLUTION IV - FLORIDACRES/36TH AVENUE WATER SERVICE PROJECT - FINAL ASSESSMENT ROLL INDIANN RIVER COUNTY PROJECT NO. UW -91 -04 -DS BACKGROUND On February 25, 1992, the Indian River County Board of County Commissioners approved Resolution III, No. 92-39 for the preliminary assessment roll on the above -referenced project. The construction of the project has been completed. We are now ready to begin customer connections and request the Board of County Commissioners, approval of the final assessment roll (see attached minutes and Resolution III). - ANALYSIS The preliminary assessment was for a total estimated project cost of $44,206.00, which equated to $0.07023759966 per square foot of property owned. The final assessment (see attached Resolution IV and the accompanying assessment roll) is in the amount of $24,813.40, which equates to a cost of $0.039425 per square foot of property. RECM- ENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution IV. 52 ON _MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolution 92- 157, certifying "as -built" costs for installation of a waterline extension in Floridacres (36th Avenue) and other such construction necessitated by such., project, as recommended by staff. RESOLUTION 92-157 WITH ASSESSMENT ROLL ATTACHED IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD _ As Built (Final Reso.) 7/16/92(legal)Vk/DC RESOLUTION NO. 92-157 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A WATERLINE EXTENSION IN FLORIDACRES (36th AVENUE), AND OTHER SUCH CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements for the property located within the boundaries described in this title were necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, February 25, 1992, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 92-39, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 92-39, 53 1992 BOOK 87 PAGE 458 I SEP 0 1 992 BOOK 87 PAGE 459 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 92-39 is modified as follows: The comnletion ri ata for the referenced project and' the last day that payment may be made avoiding interest and penalty charges is ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 9-3/4% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 92-39 shall be as shown on the attached Exhibit "A." 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on the exhibit attached to Resolution No. 92-39 were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District 4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 1st day of _ September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Car n K. E 't Ch rman 54 I NORTH BEACH REVERSE OSMOSIS PLANT EXPANSION - FINAL PAY REQUEST The Board reviewed memo from Utility Services Director Terry Pinto dated August 24, 1992: DATE: AUGUST 24, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINfU DIRECTOR OF UTILITY SE jv CES PREPARED WILLIAM F. McCAIN�� AND STAFFED CAPITAL PROJECTS ENGI R BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: NORTH BEACH R.O. (REVERSE OSMOSIS) PLANT EXPANSION FINAL PAY REQUEST INDIAN RIVER COUNTY PROJECT NO. UW -90 -10 -WC BACKGROUND On May 8, 1992, the North Beach R.O. Plant contractor (Butler Construction Company) received a certificate of substantial completion. We have finalized all appropriate paperwork and are prepared to make final payment to the contractor. ANALYSIS The original contract amount was $1,358,610.00. The attached Change Order No. 1 is for a credit in, the amount of $2,800.00, making the final contract amount $1,355,810.00. For a detailed breakdown of the change order, see Attachment A of the agenda package. Also attached is the final pay request, surety acknowledgement, and release of lien documents. The final payment to the contractor is in the amount of $77,480.52. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Change Order No. 1 and the final pay request in the amount of $77,480.52. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved Butler Construction Company's Change Order No. 1 and final pay request in the amount of $77,480.52, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD., 55 ",:.BOOK 87 PAGE 460 n b r BOOK 87 PAGE 461 GROVE CARE MAINTENANCE CONTRACT The Board reviewed memo from Utility Services Director Terry Pinto dated August 20, 1992: DATE: AUGUST 20, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND PREPARED BY: TERRY H. DRUM % v ENVIRONMENTAL SPECIALIST DEPARTMENT OF UTILITY SERVICES SUBJECT: GROVE CARE MAINTENANCE CONTRACT IRC BID NO. 90-46 BACKGROUND: The Indian River County Board of Grove Care Maintenance Contract March 27, 1990, for the care an County Grove. The contract was months on April 1, 1991, to expire ANALYSIS: County Commissioners awarded the to Arapaho Citrus Management on d management of the Indian River renewed for a period of eighteen on September 30, 1992. The Grove Care Maintenance Contract that was awarded on March 27, 1990, for one year and renewed for an additional eighteen months will expire on September 30, 1992. Because of. the ongoing irrigation experiment with treated wastewater by the University of Florida, which will be completed in September 1993, we feel that it is essential that the Grove Care Maintenance Contract be extended for a period of one year, beginning October 1, 1992, using the original Grove Care Maintenance Contract price of $40,160 for equipment and labor charges (see attached letter), and to provide the special care that is also required by the University that has been given by the grove care company under the original contract. The contract will expire in the same time frame of the University of Florida experiment, and at that time, the Grove Care Maintenance Contract will go out for bid. RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the one year contract extension in the amount of the original contract, not to exceed $40,160.00 for the total equipment and labor charges, plus the material costs. 56 ON _MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved a one-year extension of the contract with Arapaho Citrus Management for grove care maintenance, not to exceed $40,160.00 for the total equipment and labor charges, plus material costs, as recommended by staff. ECONOMIC DEVELOPMENT COUNCIL Vice Chairman Bowman announced that this item would be tabled since Chairman Eggert is not here. PORPOISE ORDINANCE The Board reviewed a letter from Martin County Commissioner Maggy Hurchalla dated August 17, 1992: JEFF KRAUSKOPF WAITER W. TNOM. JR.'r ..'.4. D15trict 2 MAOOY MURCHALLA MARV E. DAWSON D.SIr,_' 3 D•t+tr et a Drsn.ct 5 BOARD OF COUNTY COMMISSIONERS 2401 S.E. Monterey Road • Stuart, Florida 34996 /X \.tG1=CRJMTY_0F MARTIN August 17, 1992 Carolyn K. Eggert, Chairman _ Indian River County 1840 25th. Street Vero Beach, Florida 32960 Re: Porpoise Ordinance Dear Chairman Eggert: 0"ONE 140' 265.5422 STATE OF FLORIDA CO -92 -MS -280A We're looking into the possibility of an ordinance that would prevent the capture of porpoises in the Indian River Lagoon. We would like to join with the counties from Palm Beach to Brevard in making the Lagoon a safe haven for the resident porpoise population. Would you be interested in working with us? It will obviously be easier if we don't each re -invent the wheel sepatately. Sincerely, 4Maggy Hurchalla County Commissioner 57 BOOK 87 PAGE 462 FF- � 4 u I q q'l BOOK 87 PAGE 463 County Attorney Charles Vitunac advised that state law, the Marine Mammal Protection Act, prohibits removal of porpoises from the Indian River Lagoon. Vice Chairman Bowman thought we should bring that to Commissioner Hurchalla's attention and requested that the County Attorney research that point. Environmental Lands Management III (ELM) Community Development Director Bob Keating announced that he was requested by Commissioner Eggert to present this item in her absence. Director Keating explained that this is a request for the Board to approve an expenditure to match federal funds to receive a federal grant. Staff and the overall Economic Development Committee have addressed the issue of economic development, and because of the recession and hard times, we have been researching potential sources of revenue. Allen Campbell of the Council of 100 and staff have been in contact with the federal government to determine grant possibilities, and the federal people have suggested that there is money available. The first step the County needs to take is to do a study and better define our problems and there are some grant funds that are available to do this study. The federal people have suggested a total grant in the neighborhood of $33,000, with the County's share to be $8,000 of that. They said that by doing the study the County would be eligible for certain kinds of grants which would be beneficial in our economic development plans. Commissioner Scurlock asked whether these funds were available from tourist tax dollars. Administrator Chandler advised that tourist tax funds would not be applicable for this type of grant and that the funding would come from the general fund contingency. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the expenditure of $8,000 for a study to define our economic problems, as recommended by staff. SOLID WASTE DISPOSAL DISTRICT Vice Chairman Bowman announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 58 There being no furt'her business, on Motion duly made, seconded and carried, the Board adjourned at 11:20 o'clock A. M. ATTEST: J. Barton, Clerk Ion') r 59 BOOK 87 PACE 464