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HomeMy WebLinkAbout12/15/1992MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, DECEMBER 15, 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) James E. Chandler, County Administrator Fran B. Adams ( Dist. 1) D. Regular Meeting - November 19, 1992 Richard N. Bird (Dist. 5) Charles P. Vitunac, County Attorney Kenneth R. Macht (Dist. 3) John W. Tippin ( Dist. 4) Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. 1. CALL TO ORDER 2. INVOCATION - Rabbi J. R. Davis Temple Beth Shalom of Vero Beach 3. PLEDGE OF ALLEGIANCE - James E. Chandler PAGE 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS Item 7.L. Surety Bond for Broadus Sowell, Trustee, Indian River Memorial Hospital District Board; Item 11.G.3. Emergency Repairs to the Kings Highway Bridge; Item 13.A. Request from Peter Robinson for letter of congratulations. S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting - October 27, 1992 B. Regular Meeting - November 3, 1992 C. Regular Meeting - November 10, 1992 D. Regular Meeting - November 19, 1992 7. CONSENT AGENDA A. Occupational Licenses Collected During Month of November, 1992 ( memorandum dated December 7, 1992 ) B. Supervisor of Elections - Amendment of Budget to Accept Reimbursements for Election Expenses ( memorandum dated December 8, 1992 ) C. Release of Easement Request By: Raul and Yolanda Gamez, Lots 4 & 6, Blk. 1, Tropical Village Estates Subdivision ( memorandum dated November 30, 1992 ) DEC 15 1992 BOOK SS DEC t51992 BOOK 88 PAGE 263 7. CONSENT AGENDA (cont'd. ): PAGE D. Resolution Accepting Utility Easements in Westlake Subdivision ( memorandum dated December 7, 1992 ) E. Request for Public Hearing Date - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA MAKING AN EDITORIAL REMOVAL OF CHAPTER 4 1/2 CABLE TELEVISION (1974 CODE) AND NOTING THAT IN CHAPTER 211 CABLE TELE- VISION (1990 CODE) ( memorandum dated Dec. 2, 1992 ) F. I.R.C. County Judicial Complex Project - Site Utility Improvements ( memorandum dated December 4, 1992 ) G. County Owned Building - 4716 33rd Ave. - Request to Demolish ( memorandum dated December 8, 1992 ) H. Request for Floodplain Cut and Fill Balance Waiver for Lot 8, Blk. 20, Vero Lake Estates Unit 4 ( memorandum dated December 7, 1992 ) I. Addendum to Humane Society ( memorandum dated December 4, 1992 ) J. Release of Utility Liens ( memorandum dated December 9, 1992 ) K. Additional Right -of -Way; CR 512, Sebastian, Sebastian Paradise Limited Parcel ( memorandum dated November 24, 1992 ) S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES Explanation of Environmental Health By Michael Galanis (no backup provided) 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS 1. Request from Countryside to Discuss Sewer Hook-up in Countryside North ( letter dated November 19, 1992 ) (re -scheduled from meeting of 12/1/92) 2. Request to Extend After School Program ( letter dated November 4, 1992 ) ( backup in separate packet, left-hand sleeve of notebook) B. PUBLIC HEARINGS None 10. COUNTY ADMINISTRATOR'S MATTERS None r � DEC x.51992 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Environmental Land Acquisition: Immediate Cost Share Funding Opportunities ( memorandum dated December 8, 1992 ) B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Final Payment -.37th Street ( Barber Ave.) Design of Widening & Drainage Improvement ( memorandum dated December 2, 1992 ) 2. Request for County to Grade Unpaved Roads with the Following Rights -of -Way 1) 101st Crt. between_ 90th St. E 92nd St. in Vero Lakes Estates S/D 2) 79th St. between 102nd Crt. & 102nd Ave. in Vero Lakes Estates S/D 3) 82nd St. east of U.S.1 ( memorandum dated December 9, 1992 ) H. UTILITIES 1. Water Expansion Plan Phase I - Contract 1; Change Order 1 and Final Pay Request ( memorandum dated December 2, 1992 ) 2. Water Expansion Plan Phase I - Contract 4; Change Order 1 and Final Pay Request ( memorandum dated December 2, 1992 ) 3. Water Expansion Plan Phase I - Contract 5; Change Order 1 and Final Pay Request ( memorandum dated December 2, 1992 ) 4. Sludge/Septage Facility Retainage ( memorandum dated December 2, 1992 ) S. Water Service in Kings Highway S/D and Replat of Blocks 1, 2, 3, and 4, 39th and 40th Streets East of Kings Highway and 56th Ave.; Resolution IV and Final Assessment Roll ( memorandum dated December 3, 1992 ) 6. Final Assessment Roll - Resolution IV - The Meadows S/D - 41st Crt. Water Service Project ( memorandum dated November 19, 1992 ) PAGE 5.00K PnF 264 I BOOK 88 P, Gu 265 11. DEPARTMENTAL MATTERS (cont'd.): H. UTILITIES (cont'd. ): 7. Final Pay Request - King's Highway S/D ( memorandum dated December 1, 1992 ) 8. Water Line Replacement Projects - Ixora Park, Glen Acres and Cooks' S/D - Change Order 1 ( memorandum dated December 3, 1992 ) 9. Developer's Agreement with the Most Reverend J. Keith Symons, Bishop of the Dioceses of Palm Beach ( memorandum dated November 9, 1992 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS 14. A. CHAIRMAN CAROLYN K. EGGERT B. COMMISSIONER FRAN B. ADAMS C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER KENNETH R. MRCHT E. COMMISSIONER JOHN W. TIPPIN SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT 1. Approval of Minutes - Meeting 10/27/92 2. Approval of Minutes - Meeting 11/03/92 3. Approval of Modification to Emergency Medical Services ( EMS) County Awards Grant ( memorandum dated December 4, 1992 ) 4. Approval of Modification to EMS Matching Funds Grant S Sole Source Purchase of Lancet Tech., Inc. Software Program ( memorandum dated December 8, 1992 ) PAGE 14. SPECIAL DISTRICTS (contd): PAGE B. SOLID WASTE DISPOSAL DISTRICT ® Bid Award - Front End Loader ( memorandum dated December 2, 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. DEC 151992 a00K 88 pour. ��Z) Tuesday, December 15, 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, December 15, 1992, at 9:00 o'clock A. M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Fran B. Adams: Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. Rabbi J. R. Davis, Temple Beth Shalom of Vero Beach, led the invocation. County Administrator Jim Chandler led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition of Consent Agenda Item L, surety bond for Broadus Sowell to the Indian River Memorial Hospital District Board; Item 11.G.3., Emergency Repairs to the Kings Highway Bridge; and 13.A., the request for a letter from Peter Robinson. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously added the above items to the Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of October 27, 1992. There were none. qn""l DEC BOOK PAGE DEC 15 M7 . BOOK 88 PAGE 268 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board approved the Minutes of the Regular Meeting of October 27, 1992 as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of November 3, 1992. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board approved the Minutes of the Regular Meeting of November 3, 1992 as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of November 10, 1992. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board approved the Minutes of the Regular Meeting of November 10, 1992 as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of November 19, 1992. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board approved the Minutes of the Special Meeting of November 19, 1992 as written. CONSENT AGENDA A. Occupational Licenses Collected During Month of November, 1992 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously accepted the following report from Tax Collector Gene Morris summarizing Occupational License Taxes collected during the month of November, 1992. 2 NMRAHDDIK TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: December 7, 1992 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $7,725.46 was collected in occupational license taxes during the month of November, representing the issuance of 305 licenses. B. Supervisor of Elections - Amendment of Budget to Accept Reimbursements for Election Expenses The Board reviewed memo from Supervisor of Elections Ann Robinson dated December 8, 1992: cep December 8, 1992 TO: HON. CAROLYN K. EGGERT, CHAIRMAN, BCC FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS rN,v RE: ITEM FOR BCC CONSENT AGENDA OF DECEMBER 15, 1992 Please amend the Supervisor of Elections budget so that we may accept the reimbursements for election expenses from the following: Sebastian Inlet Tax District $2234 Indian River County Hospital District $1000 Indian River Mosquito Control District $1000. Thank you. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously amended the Supervisor of Election's budget, as recommended by staff. 3 POOK 88 P,�F, 2�, -dA L_DEC 151992 BOOK F1� DEC 15 1992 C. Release of Easement Request By Raul and Yolanda Gamez Lots 4 and 6. Block 1. Tropical Village Estates Subdivision The Board reviewed memo from Code Enforcement Officer Charles Heath dated November 30, 1992: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: Obert M. eat ng, 4 MCP Community Dever oto- meWt Director THROUGH: Roland DeBlois-,'AICP Chief, Environmental Planning & Code Enforcement FROM: Charles W. Heathcav-w. Code Enforcement Officer DATE: November 30, 1992 SUBJECT: RELEASE OF EASEMENT REQUEST BY: Raul & Yolanda Gamez Lots 4 & 6, Block 11 Tropical Village Estates Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 1'5�=, 1992. DESCRIPTION AND CONDITIONS: The County.has been petitioned by Paul & Yolanda Gamez, owners of the subject property, for the release of the common three (3) foot side lot utility and drainage easements of Lots 4 & 6, Block 1, Tropical Village Estate Subdivision. It is the petitioners' intention to construct a single-family residence on the combined lots. The current zoning classification of Single -Family Residential District. 2, allowing up to six (6) units per ALTERNATIVES AND ANALYSIS: the subject property is RS -61 The Land Use Designation is L - acre. The request has been reviewed by Southern Bell Telephone Company, Florida Power & Light Company, Falcon Cable Corporation, and the Indian River Utilities Department, and the Road & Bridge and Engineering Divisions. Based upon their reviews, there would be no adverse impact in supplying utilities to the subject property. 4 RECOMMENDATION: Staff recommends that the Board, through the adoption of a resolution, release the common three (3) foot side lot utility and drainage easements of Lots 4 & 6, Block 1, being the southerly three (3) feet of Lot 4, and the northerly three (3) feet of Lot 6, Tropical Village Estates Subdivision, Section 24, Township 31 South, Range 37 East, as recorded in Plat Book 4, Page 94 1/2 of the Public Records of Indian River County, Florida. and ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 92-225, abandoning certain easements in Tropical Village Estates Subdivision, as recommended by staff. RESOLUTION NO. 92-225 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA ABANDONING CERTAIN EASEMENTS IN TROPICAL VILLAGE ESTATES SUBDIVISION, LOTS 4 & 6, BLOCK 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 94 1/2 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County has easements as described below, 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 Raul & Yolanda Gamez.Grantees, their successor in interest, heirs and assigns, whose mailing address is P.O. Box 542, Fellsmere, Florida 32948,. as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: 5 DEC 15 1992 BOOK F,F1 r DEC 15 1992 In I2 �y� BOOK 8 FA;r 9 the three (3) foot common side lot utility and drainage easements of Lots 4 & 6, Block 1, being the southerly three (3) feet of Lot 4, and the northerly three (3) feet of Lot 6, Tropical Village Estates -Subdivision, Section 24, Township 31 South, Range 37 East, as recorded in Plat Book 4, Page 94 1/2 of the Public.Records of Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Bird , seconded by Commissioner Adams , and adopted by the following vote: Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John Tippin Aye The Chairman declared the resolution duly passed and adopted this 15 day of December , 1992. BOARD OF COUNTY, COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By. L CJ / /G Carol K. Egger, Chairman D. Resolution Accepting Utility Easements in Westlake Subdivision The Board reviewed memo from County Attorney Charles Vitunac dated December 7, 1992: TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: December 7, 1992 RE: RESOLUTION ACCEPTING UTILITY EASEMENTS IN WESTLAXE SUBDIVISION In connection with the Department.. of Utility Services installing water lines for the Phase II water -main extension growth plan, it is necessary that the County formally accept the utility easements shown on the plat Of Westlake Subdivision. REQUESTED ACTION: Request the Board's approval and authorization for the Chairman to sign the attached resolution accepting the necessary utility easements. 6 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 92-226 formally accepting utility easements in Westland Park Subdivision, as recommended by staff. RESOLUTION NO. 92- 226 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING UTILITY EASEMENTS IN WESTLAKE PARK SUBDI- VISION. WHEREAS, Indian River County is in the process of installing water lines in connection with Phase II of the water main extension growth plan; and WHEREAS, in connection with this project, it is necessary for the County to install its water lines in certain utility easements in Westlake Park subdivision, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, now recorded in Plat Book 10, Page 83, Public Records of Indian River County, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby formally accepts the utility easements, as offered to the County, shown on the plat of the above -referenced subdivision. The resolution was moved for adoption by Commissioner Bird , and the motion was seconded by Commissioner Adams , and, upon being w put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 14- day of At&"Prk_ , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By l� 2Z4� 7 Chairman 800K 8's DEC 151992 F� � r DEC 15 im BOOK 8 �AcE274 -7 E. Request for Public Hearing Date - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA MAKING AN EDITORIAL REMOVAL OF CHAPTER 4-1/2 CABLE TELEVISION (1974 CODE) AND NOTING THAT IN CHAPTER 211 CABLE TELEVISION (1990 CODE) The Board reviewed memo from Assistant County Attorney Terry O'Brien dated December 2, 1992: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: December 2, 1992 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA MAKING AN EDITORIAL REMOVAL OF CHAPTER 4 1/2 CABLE TELEVISION (1974 CODE) AND NOTING THAT IN CHAPTER 211 CABLE TELEVISION (1990 CODE) . A public hearing date of January 12, 1993 is suggested for the subject ordinance. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously scheduled a public hearing on January 12, 1993 to consider an ordinance making editorial removal of Chapter 4-1/2 Cable Television (1974 Code) and noting that in Chapter 211 Cable Television (1990 Code). F. I.R.C. County Judicial Complex Project - Site Utility Improvements The Board reviewed memo from General Services Director Sonny Dean dated December 4, 1992: 8 i i � r � � DATE: DECEMBER 41 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVyAs SUBJECT: INDIAN RIVER COUNTY JUDICIAL COMPLEX PROJECT SITE UTILITY IMPROVEMENTS BACKGROUND: On May 26, 1992, the Board approved $83,066.00 to be paid to the City of Vero Beach for site utility improvements on the new courthouse complex. This was the amount the City included in their request to proceed with the project. ANALYSIS: Due to complications with satisfying requirements for building foundation improvements, fire code demands, and bids coming in higher than expected, actual cost totaled $91,685.00. This is an increase of $8,619.00 over the authorized expenditure. RECOMMENDATIONS: Staff recommends the Board authorize the payment of $91,685.00 to the City of Vero Beach for utility site improvements. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously authorized payment of $491,685.00 to the City of Vero Beach for utility site improvements, as recommended by staff. G. County Owned Building - 4716 33rd Avenue - Request to Demolish The Board reviewed memo from General Services Director Sonny Dean dated December 8, 1992: 7 DEC 15 1992 800K 88 PV'F.975 DATE: DECEMBER 8, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECT DEPARTMENT OF GENERAL SERAs SUBJECT: COUNTY OWNED BUILDING - 4716 33RD AVENUE REQUEST TO DEMOLISH BACKGROUND: BOOK 88 F -A, 276 Indian River County owns Lot 9, Block 9, Smith Plaza Subdivision at 4716 33rd Avenue. This is the location of the old Gifford Jaycee Building. It has not be maintained in several years and the structure is not safe for inhabitation. ANALYSIS: On request of this writer, the County Building Department made an inspection of the building and identified the structure to be dangerous and unsafe. RECOMMENDATIONS: Based on the above, staff feels the structure represents a liability to the County and recommends action to demolish and dispose of the building. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously authorized demolition and disposal of the building at 4716 33rd Avenue, as recommended by staff. H. Request for Floodplain Cut and Fill Balance Waiver for Lot 8 Block 20. Vero Lake Estates Unit 4 The Board reviewed memo from Civil Engineer David B. Cox dated December 7, 1992: 10 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and oeRoger D. Cain, P.E. County Engineer FROM: David B. Cox, P.E.4%C Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver -for Lot 8, Block 20, Vero Lake Estates, Unit 4 REFERENCE: Project No. 92110029 DATE: December 7, 1992 CONSENT AGENDA Sunlight Homes, Inc. has submitted a building permit application for a single family residence on the subject property. The site is located in an AE flood hazard zone, base flood elevation 22.8 ft. at the northwest ' corner of 79th Street and 91st Avenue. In the attached letter dated December 3, 1992, the engineer has requested the cut and fill balance waiver provided in Section 930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance be granted by the Board of County Commissioners. The lot area is 1.08 acres. The amount of 100 year floodplain displacement created by the proposed grading plan is estimated as 645 cubic yards by the applicant's engineer. The attached letter signed and sealed on December 3, 1992 certifies that all applicable requirements of the Stormwater Management and Flood Protection Ordinance will be met. The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit. Alternative No. 1 - Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Alternative No. 2 - Deny the cut and fill waiver. Require an on site retention area be provided to compensate for.the proposed floodplain displacement. • �llul�l►I� � • Staff recommends approval of Alternative No. 1. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously granted the cut and fill balance waiver for Lot 8, Block 20, Vero Lake Estates, Unit 4, as recommended by staff. 001 DEC 15 1992 BOOK 88 F,�r X77 DEC j 5 19,1 BOOK 88 F,1GE 2 i I. Addendum to Humane Society The Board reviewed memo from Assistant County Attorney Terry O'Brien dated December 4, 1992: TO: Board of County Commissioners G� a FROM: Terrence P. O'Brien - Assistant County Attorney V-? DATE: December 4, 1992 SUBJECT: ADDENDUM TO HUMANE SOCIETY An addendum to the Humane Society's Agreement with the County was executed on October 16, 1990 by the County and the Society. The purpose of this addendum was to provide, on a leased basis, additional County land for parking space at the Society's facility. The legal description when surveyed and compared against the proposed plan for parking was inconsistent. The correct legal description has now been obtained. A new addendum superseding the legal description of the October 16, 1990 addendum has been prepared for Commission consideration and execution is recommended. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved and authorized the Chairman to execute the Addendum to the Agreement with the Humane Society to correct the legal description, as recommended by staff. ADDENDUM TO AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD J. Release of Utility Liens The Board reviewed memo from Lea R. Keller, CLA, dated December 9, 1992: 12 s � � ti TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: December 9, 1992 RE: CONSENT AGENDA - BCC MEETING 12/15/92 RELEASE OF UTILITY LIENS The following lien -related documents are prepared in proper form for the Board to authorize the Chairman to sign them: 1. Partial Release of Special Assessment Liens from Rockridge Sewer Project: STRUNK MCCABE/GAROFALO (2) 2. Satisfaction of Impact Fee Extensions: BURNHAM BIBLE WAY CHURCH OF GOD IN CHRIST WADSWORTH SHEARER COMMERCIAL CENTER GARBER McGEARY LOVRETIN RIVER RUN DEVELOPMENT, INC. WILLMOT HUDSON/SMITH PINTO KMETZ RILEY ALLEN/GIFFORD MANOR GARDENS GIBSON (2) HARVEY HILL HOWELL BRAVE BAKER MAYER COLLEY (3) LINDHORST SCHOONOVER JORDAN GRAYBROOK INVESTMENTS/LEWIS PROPERTY INVESTORS ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the partial releases and satisfactions of impact fee extensions as listed in staff's memorandum. SAID SATISFACTIONS AND RELEASE DOCUMENTS ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 13 DEC 19 In Bou 88 F'A,F 97 r DEC J-5 1992 BOOK 88 F,1GE ` 's K. Additional Right -of -Way - CR 512 in Sebastian - Sebastian Paradise Limited Parcel The Board reviewed memo from County Right -of -Way Agent Don Finney dated November 24, 1992: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. and Roger D. Cain, P.E., FROM: Donald G. Finney, SR County Right of Way • :Q SUBJECT: Additional Right -of -Way; CR 512, Sebastian, Sebastian Paradise Limited Parcel DATE: November 24, 1992 Additional right-of-way is needed at the north side of existing County Road 512 for the future improvements for the Twin pairs project in Sebastian, Florida. Sebastian Paradise Limited is a commercially zoned 5.57 acre property. Mr. J.T. Ballinger, General Partner of FRM Real Estate and Investment Co., Pompano Beach, Florida represents all of the four partners. Two appraisals were obtained by the county ata value of $41,387 and $38,700. Mr. Ballinger counter -offered in writing $121,532. In an effort to save attorney fees, and additional time, the county increased the offer to a fam $50,000. The owner responded with a written $85,000 counter- offer. After obtaining the second appraisal, the owner agreed to and executed the $50,000 contract. In lieu of additional time, attorneys' fees and court costs, staff requests the Board accept the $50,000 contract and direct the Chairman to execute the contract on the Board's behalf. Funding is available in Traffic Impact Fee District 3, Account No. 101-153-541-066.12 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the Contract for Sale and Purchase with Sebastian Paradise Limited in the amount of $50,000, as recommended by staff. CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 14 L. Approval of Surety Bond for Broadus Sowell, Trustee, Indian River Memorial Hospital District Board ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously accepted the surety bond for Broadus Sowell, Trustee, Indian River Memorial District Board. COPY OF SURETY BOND IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD EXPLANATION OF ENVIRONMENTAL HEALTH BY MICHAEL GALANIS Mike Galanis, Director of Environmental Health for 10 years, gave an overview of the Environmental Health Department. Environmental Health is part of the Health Department, which is directed by Dr. Bernard Berman. We are in HRS District 9, which is governed out of West Palm Beach. There will be changes early next year and we will be in District 15 out of St. Lucie County. This will provide more local input in the HRS structure and therefore more local input into the Health Department. Environmental Health is supported by both state and local funds and was organized under Chapter 154 of the Florida Statutes which basically sets down all local health departments as joint agencies of state and local government. Environmental Health receives over half a million dollars yearly from the Indian River County Board of County Commissioners. Indian River County Board of County Commissioners built the new health facility, and everything purchased by the Health Department, regardless of the source of funds, is owned by the Board of County Commissioners. For the past 10 years, Director Galanis served on site plan committees for the County, City of Vero Beach, and City of Sebastian and provided input related to water and sewer to all developers before they submitted their plans. Environmental Health helped develop the County's master plan for water and wastewater. Environmental Health employs 9 full-time professional staff and 3 clerical staff. In the middle 80s that department had 12 full-time professional staff and three clerical staff until the Department of Business Regulations assumed responsibility for food inspection. The Environmental Health Department consults with developers regarding county and state regulations and agencies, and advises when they must be contacted. Environmental Health also seeks out contracts with other state agencies. For example, a water quality monitoring project was just completed and currently the Environmental Health Department has a 15 DEC 15 1992 BOOK 88 F�KuF 9dSl DEC, 15 19 BOOK 88 PAGE 282 -7 project to monitor the waters of the Indian River monthly to measure the light penetrating to the seagrass. This type of contracting with other agencies has brought in over a half millions dollars in the past 5 or 6 years. Environmental Health's major contract right now is the underground storage program which includes 1,031 registered tank facilities in Indian River -County. When these tanks are dug up, we find that all of them have been leaking and Environmental Health enforces the cleanup. Indian River County's Environmental Health Department is one of only four county health departments that enforce the state's environmental rules locally. In 1985, in conjunction with the Board of County Commissioners, Environmental Health wrote and developed the special act called the Indian River County Environmental Control Rule. It authorizes the appointment of Environmental Control Officers and the establishment of a Board of interested participating citizens to hear environmental cases locally. The current board members are Attorney Alan Polackwich, John Orcutt, Ellie Van Os, Steve Snoberger and Dr. Roger Zwemer. In the last four years Environmental Health assessed and collected over $170,000 in environmental fines here in Indian River County. Currently we have $20,000 in the Pollution Trust Fund. We are currently designated a "Local Program," and are pursuing an agreement to allow us to enforce local DER rules related to mangrove trimming. We hope in the future to be delegated to wastewater and public drinking water programs. There is a potential for a permitting program for doctors, veterinarian and nursing home waste disposal, and on January 1 there will be a new small public water systems program for small water systems like those serving shopping centers. Director Galanis stated that his jurisdiction is Indian River County and while his department is employed and paid by the State of Florida, his loyalties remain with Indian River County. Commissioner Adams asked about indoor pollution, or the "sick building" problem. Director Galanis felt his department is one of the best equipped departments to investigate that problem but it is a complex problem involving the whole realm of sensitivity in individuals. He stated that he was invited to help in the investigation in the Martin County Courthouse case, but he refused because many experts already were involved, and he predicted they will abandon that building. Chairman Eggert asked about the status of rabies control. Director Galanis stated that the rabies program was traditionally investigated by the Public Health Department. He reported that for over 25 years we have not had a case of rabies in 16 a domestic animal, and it has been 30 years since anyone died of rabies in Florida, so the funding for rabies control was eliminated in the Governor's budget 2 years ago. There are still incidents involving foxes, skunks, raccoons and bats and we provide the serum when needed. We have not quit the rabies program but have quit investigating incidences of animal bites from domestic animals. Commissioner Macht asked if Environmental Health reviewed the air conditioning plans for the Indian River County Courthouse. County Administrator Jim Chandler assured the Board that we will not have the problem in our courthouse that Martin County experienced. Chairman Eggert asked for an explanation of what the Environmental Health Department reviews regarding site plans. Director Galanis explained that Environmental Health is involved in aspects such as storage tanks for gasoline and other chemicals, public water and private water systems, drainage, and performs a broad overall environmental review of every site plan. They work closely with Community Development. Director Galanis commented that he appears before the Board whenever Dr. Berman is not available. County Attorney Charles Vitunac asked Director Galanis to give the details of the Heritage Village case. Director Galanis explained that Heritage Village had an undersized wastewater treatment plant with a percolation pond. The pond was very large but was in need of maintenance and did not function properly. They had overflow 24 hours a day into a ditch surrounding the park, with periodic incidences of failure of the dike around the polishing pond, which resulted in effluent in the streets and roads of the park. It was a bad situation, and in cooperation with the Environmental Control Board, the Environmental Health Department caused that mobile home park to be connected to the public sewage system. PUBLIC DISCUSSION REQUEST FROM COUNTRYSIDE TO DISCUSS SEWER HOOK -IIP IN COUNTRYSIDE ,NORTH The Board reviewed a letter from Robert Peters, Vice President of Countryside of Vero Beach, dated November 19, 1992: 17 �C A1 5 1992 BOOK FA;� 3 rBOOK 88 PvsE 284 November 19, 1992 Board of County Ccamaissioners Indian River County 1840 25th Street Vero Beach; FL 32960 Rye: Request to be Placed on Agenda for the Domer 1, 1992 meeting I would like to be placed an the Agenda for the December 1, 1992 County Commissioners meeting for the purpose of discussing sewer hook-up in Countryside ntryside North. Thank you. Vest truly yours, Robert A. Peters Vice President Attorney Sam Block, representing Realcor of Vero Beach Associates, owner of Countryside Mobile Home Community, addressed the Board regarding a franchise which was entered into in 1980 and modified twice since then. In a modification to the franchise agreement, the water hook-up to the County system was extended to the year 2002 and Attorney Block requested the same extension for the wastewater portion. He stated that the mobile home owners cannot afford the wastewater hook-up and they would rather put their money into other items that will benefit them in their park. Attorney Block reminded the Board that as a condition of the franchise agreement, every time a mobile home is sold or turned over, the County receives the impact fee for that unit. Since 1985 the County has received 200 fees and can expect to receive 40 to 50 each year. Attorney Block stated that the wastewater treatment plant was built in 1981 and is at less than 50 percent capacity now because it was built for two parks and one of the parks went on the County system. There have been no violations and the system is up to quality standards. He urged the Board to allow the park to proceed with the present system and if there are problems, they can be addressed. Attorney Block pointed out that Mr. Ed Nelson and other residents of Countryside were in the audience and were in agreement with this request. Attorney Block reported that the legislature is working on a method of phasing in mobile home parks over 8 to 10 years and that 18 is what he was requesting. He urged the Board to avoid litigation and the high costs associated with lawsuits. He estimated that over the 10 years, the impact fees will be in the County's hands and at that time the system could be hooked up. Chairman Eggert clarified that a condition of the original development agreement was to hook up to the County wastewater system when it became available. Attorney Block agreed that in the franchise it does indicate that the hook-up is mandated. County Administrator Jim Chandler further advised that a condition of the Treasure Coast Regional Planning Council was that the package plants were to be considered temporary until such time as County facilities became available, so the requirement to hook up extended beyond just our franchise agreement. It was part of the original permitting and approval of the development itself. That was one of the conditions of the Department of Environmental Regulations in 1980. Commissioner Bird thought it sounded simple and asked for the other side of the story. Utility Services Director Terry Pinto agreed it is simple when we are looking at one specific wastewater treatment plant in the county, but the master plan of the county recognizes that package plants are not good for the county. When you look at them on an overall basis, collectively, they are bad, even when a plant is operating properly. The county invested $90 million dollars for a utilities system based on franchise agreements. These agreements are what allowed these facilities to be built in the first place. When the developer went to the Regional Planning Council and came to this County Board, they were allowed to build because they entered into that agreement. They understood that utilities are a major issue for this county and we cannot allow package plants to be scattered through the county. Director Pinto explained that the phasing that Mr. Block mentioned has been proposed as a method of paying impact fees. Indian River County has gone beyond anyone in the state in offering many different ways of paying impact fees. One of the options is not to pay the impact fee until the unit that you are living in is sold. The logic behind that is that there is a money transaction taking place and it should make that process a little less difficult. The County Commission offered a finance plan over a 10 - year period. That is phasing. The request for an extension to the year 2002 is not phasing. Director Pinto felt it would be detrimental to our system to have a package wastewater treatment plant like that at Countryside because when there is a failure 19 9r,15 r- DEC, 15 1992 BOOK 88 PAGE,2,S6 there is a health problem and we must react. We planned the County utilities system from the beginning knowing that these plants were to be temporary. Everyone agreed. If we allow this plant to continue, it just throws all of that planning out the window. Director Pinto felt that if this proposal were made in the very beginning, that park would not have been built. Chairman Eggert noted that the word "mandate" was mentioned. She also wondered if the water could be extended to 2002, why not the wastewater. Director Pinto agreed that the word "mandate" has been bouncing around. He pointed out that a requirement for the original permit for the development was the agreement to hook up to the County wastewater system, and whether that is a "mandate" will be interpreted by the courts. Commissioner Macht asked, and County Attorney Charles Vitunac advised that the Board does have the latitude to grant the request. If the Treasure Coast Regional Planning Council wants to take some action on the Development of Regional Impact (DRI), it may. He further advised that this request has to do with the fact that the original tenants of this park were given a lifetime lease which said the park owner would pay the utilities. The park owner hopes that at the end of 10 years all the original tenants will have sold or turned over their units and new tenants will be under new leases. The owner then can pass through to them the costs of connecting to the County.wastewater system. Attorney Block agreed. Commissioner Bird asked about the bond holders, and Attorney Vitunac advised that our bonds have to be self-supporting. He did not think our bonds would be challenged unless we fail to make our payments to the bond holders. Discussion ensued regarding the operation of this plant and other wastewater treatment package plants in the County. Director Pinto estimated 5 or 6 plants are left, and they will all be connected within the next year. Chairman Eggert asked, and Director Pinto confirmed that granting the extension would be contrary to our master plan. Commissioner Adams needed more information and time to study the issue. Commissioner Bird asked, and Director Pinto clarified that the impact fees for wastewater are being paid as units are sold, and that process would not change whether they connect or not. Regarding the water, Director Pinto thought the agreement says that at time of connection the impact fees will be due. At that time the Commission would decide on the method of payment. Fes] Attorney Block pointed out that in the meantime the park owner is providing water. Chairman Eggert recognized Mr. Ed Nelson, representative of the homeowners at Countryside. She asked if he could give a 3 - minute summary statement. Ed Nelson asked for 5 minutes, but agreed to wait for the next hearing rather than repeat himself. He clarified that he is vice president and immediate past president of the owners' association and would speak as their representative. He further stated that the association fully concurs with the request by the park owner for the extension. Chairman Eggert suggested that it would be helpful to have his presentation in writing for the Commissioners to read ahead of time. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Macht, to schedule a public discussion on January 19, 1993 at 9:05 a.m., and to direct staff to provide an update of the detailed study on Countryside from 1980. Under discussion, Commissioner Macht requested a synopsis of the status and relationship of all the mobile home parks. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. The Chairman recessed the meeting briefly at 9:55 a.m. and the Board reconvened at 10:05 a.m. with all members present. REQUEST TO EXTEND AFTER SCHOOL PROGRAM Commissioner Bird announced that the Principal of Vero Beach Elementary School made a request to the Parks and Recreation Committee to extend the after-school program to include his school. There are three remaining schools which are not included in the after-school program at the present time and the Recreation Director indicated that the Board should consider extending that program to the three remaining elementary schools if they wanted to join in Mr. Gipson's request. Chairman Eggert was supportive of the after-school program but reminded the Board that when this issue was first discussed, Children Services recommended that no new schools be brought into 21 D � � 1� � ROOK 88 F:+�:F ? `7 F' DEC 15 100V fuF 2" 8 the program except at regular budget times, and no school would be brought into the program that had not made a formal request. She was uncomfortable about the request under discussion because of the Children's Services' position. She also pointed out that there is a misunderstanding in the community regarding this program. Some people think this is a low-cost program to low-income families, which is not true. It is available to everyone. Godfrey Gipson, Principal of Vero Beach Elementary School, came before the Board and requested an extension of the after- school program to include his school. He stated that he represented many parents who work full time and could not afford to lose a day to come before the Board to make this request themselves. He reported that a PTA survey indicated that 107 parents would use the after-school program. Of that 107, 22 currently use private day care. At the present time students at Vero Beach Elementary are being transported to other schools for the after-school program. This causes difficulty at the County School Board office assigning children to Vero Beach Elementary because the parents prefer to have their children assigned to a school which provides the after-school program. Mr. Gipson realized that the private day care industry is involved, but he assured them he is not trying to compete with them. This after- school program is intended for 3rd, 4th, and 5th grade students who presently are going home alone. These 4th and 5th grade students do not want to go to day care centers, which is their privilege, so the after-school program is not taking any clientele from the day care centers. Chairman Eggert clarified that the program is open to anyone who wishes to enroll. She also asked, and Commissioner Bird responded that a budget has been set up for Vero Beach Elementary School, but not for Glendale, Rosewood or Beachland, and that Vero Beach Elementary made the request and the other three were called and asked if they wanted to join in. Rosemarie Livings, Director of Admissions and Attendance of the Indian River School District, reported that every year they receive about a hundred requests from desperate parents who do not want their children to be at home alone and cannot afford the cost of day care. The after-school program was designed for those children. The Admissions and Attendance office must balance class sizes and must solve the problem of assigning children to the schools with the after-school program. Ms. Livings discussed this problem with Recreation Director Pat Callahan and they came up with the possibility of bringing all schools into the program to serve all children. She assured the Board that she is not out to 22 undermine day care but is concerned about children from kindergarten to 5th grade who are left unattended. Commissioner Bird asked, and Ms. Livings responded that there is a potential of 50 to 100 students at each of the four schools, with a maximum total of 300. Commissioner Macht thought that the Board is on shaky ground if we are not offering the after-school program to all schools. Chairman Eggert explained that it was left to the individual schools to request the program because the individual school runs its own program. County Administrator Jim Chandler noted that not all schools wanted to be included. He gave the example of Pelican Island Elementary School, which started an after-school program, found there were problems, abandoned their program and now they transport their after-school students to Sebastian Elementary. Barry Sesack, Principal of Glendale Elementary School, reviewed a survey that he sent out. He reported that Glendale's population is 662 students in 500 families; 150 surveys were returned with 97 responding that they were not interested in the after-school program; 4 said "maybe" and 57 said "yes, they were interested;" 17 families indicated they were presently being serviced by a day care center but would opt for the Glendale program if it were financed through the County. He pointed out that there is a major problem of transporting these children to their homes after the program. He stated that he wanted to work with the day care industry to provide a safe environment for our children after school. Chairman Eggert pointed out that part of our overall Economic Development Plan is a commitment to support small businesses in the community. We also have the big responsibility of caring for all the children in our community. Mark Dugan stated that this is his first year as Principal of Rosewood Elementary School. Prior to that he was the principal of Sebastian Elementary where an after-school program was in place, and one of his first concerns at Rosewood was an after-school program. He did not have time to do a survey prior to this meeting, and he concurred with Mrs. Livings' comments. He was concerned about the procedures as explained by Chairman Eggert, and he was concerned about the private day care industry. He stated that Mr. Macht's point about making this program available at all schools was also brought up by parents at his school. He noted that the after-school program requires a certified person to be in charge who wants to work and wants extra money. Mr. Dugan described the staff at Rosewood Elementary School as a mature 23 DEC 151992 BOOK �� NiCH FF,_ oEc 15 1992 BOOK 88 FAGt 290 -7 teaching staff, and he did not know if there is a teacher who wants to stay the additional time after school to run this program. Mr. Dugan stated that he discussed with Lenora Quimby the Blueprint 2000 Plan, which is a set of goals for schools, and one of the goals is the safety of our children. He expected that in the near future our schools will be open from 6:00 a.m. to 6:00 p.m., and there might be local funding required for that. Chairman Eggert asked, and Mr. Dugan responded that of the 435 students at Rosewood, close to 50 percent are on free or reduced lunches, which would be about 200 to 220 students. Commissioner Macht asked whether Mr. Dugan would be interested in a pilot program of contracting with the existing day care centers for the purpose of after-school care for his students. Mr. Dugan responded that he would like to look into that possibility. He further advised that LaPetite Academy furnished literature on such a program, which he has not reviewed yet. He reiterated Mr. Sesack's concern about the transportation of children to their homes after the program because many of the moms and dads work and have problems picking up their children. Chairman Eggert asked OMB Director Joe Baird for the most recent costs for this after-school program. Director Baird reported that the figures are for a 3 -month period and so far it looks like we have about $9,000 surplus. He further explained that the program always starts off with low revenues because of families getting organized. At the end of the school year there is a drop in revenues. The program is monitored monthly and is done for each school individually as well as on an aggregate. Certain schools lose money and the other schools make up for it. Mr. Baird also explained that in Middle Six there is a program called Right Stuff, which is supported by a grant, and his goal is to have the after-school program cover the Right Stuff program as well, and to make the entire program work without taxpayers' money. Commissioner Adams noted that the analysis did not include costs of administration and felt that was wrong. Director Baird explained that the Board did not want to recapture any but direct cost. The original policy statement was not to make any money and not to lose money so that taxpayers do not subsidize the program. Commissioner Adams felt that the after-school program should cover not only supervised play but should also address possible academic problems. Recreation Director Pat Callahan explained that the individual school administers the program to suit the particular needs of that 24 school. At some schools the PTA has become involved and some programs are very creative. Commissioner Adams was concerned with government infringing on private industry and encouraged a study of the costs to have private day care centers contract for an after-school program on a county -wide basis. Commissioner Bird understood the concerns of the day care industry, but the Commission's main concern is the children. At the present time we have over 500 children taking advantage of this after-school program. If we discontinued it, he estimated only 75 of those children would find their way to a private day care center and the rest would be without a program. There is no perfect solution, but he is convinced that the overall program is good. Commissioner Tippin was not sure this is a Recreation Department issue but rather a School Board issue. Recreation Director Callahan explained that the program was started to address the needs of children in 3rd, 4th and 5th grades who would otherwise go home to an empty house, basically latch -key kids, and it has blossomed. The hope is to get all the schools involved at a break-even level, and then offer the program to the School Board to operate. Pat Donovan, Principal of Beachland Elementary School, described a program at her school which was funded by a Full Service Schools grant and was a pilot program to meet the needs of at -risk children and families at Beachland. Ms. Donovan explained that 7 weeks of that program at her school cost $5,000 and she presently has $7,000 to run the program for the balance of the school year. The program will cease in the middle of February unless Beachland can be included in the County's after-school program. Her plan is to use the Full Services Schools funds to enrich the after-school program, utilizing volunteers and other services in the community that may have to be sub -contracted. Ms. Donovan expressed her concern for all children in the community and pointed out that there are needy children and families who will be enriched by this program. Chairman Eggert asked, and Ms. Donovan responded that of the 386 students at Beachland, 92 are on free and reduced lunch; in the after-school program at Beachland, 75 percent of the students were on free and reduced lunch. Susan Earlywine, PTA Present at Vero Beach Elementary School, stated that there is a great need for the after-school program at that school. She reported that every time she is late in picking up her own children, there are several children sitting in the school office at 4:00 and 4:30, waiting to be picked up. Principal 25 DEC 15'1992 BOOK F��;F X91 r- DEC 15 ons BooK 88 F, GF 292 Gipson must call on the telephone to see when they will be picked up. She stated that the PTA is prepared to get involved so that the program is not free play but will be structured guidance for the children and not just free play. Vero Beach Elementary has single -parent teachers who are eager to work in this program and get the extra money. William Koolage, concerned citizen, described himself as an irate citizen. He pointed out that the Commission appropriated $10,000 for literature on environmentally sensitive land, and in this instance we are talking about environmentally sensitive children. He urged the Board to support this after-school program for all children. Lenora Quimby, owner of For Kids Only day care center, asked for clarification of the issue being addressed by the Board. Commissioner Bird explained that there is a recommendation from the Parks & Recreation Committee to expand the after-school program to Vero Beach, Glendale, Rosewood, and Beachland Elementary Schools. Ms. Quimby stated that the day care industry is not interested in closing the after-school program but rather in helping to provide services to low-income, latch -key children. At the same time the day care center owners are interested in providing for their own families. She cited figures on the numbers of children in the community and the numbers of children being serviced by day care centers. She stressed that the day care industry wants to cooperate with the Commission and the schools. She opposed adding Glendale, Rosewood and Beachland schools to the program because they did not request to be added. Adding these schools to the program five months into the school year will have a negative effect on the day care centers that provide after-school services for students at those three schools. Ms. Quimby pointed out that she would not have purchased a new bus if she knew that these schools would be included in the after-school program and cause her to lose some children to the after-school program. Ms. Quimby cited the estimated lost revenue to day care businesses and lost revenue to the County. She stressed that this is not the time to be taking anything out of our economy and away from small businesses. Ms. Quimby suggested one option of charging competitive rates for the after-school program to put the day care centers on a level playing field with the County's after-school program. A second option could be to request bids to see what the private sector has to offer. A third option would be to continue bussing the children from these schools to other schools where the program has been in operation since the beginning of -the school 26 year. She urged the Board to consider carefully the recommendation of the Parks & Recreation Committee before making a decision and to work with the small business community. Commissioner Bird realized there might be some negative effect on the day care industry, but he could not see how the Board could deny the program to these schools with a potential of 300 children who need the after-school program. Ms. Quimby suggested a committee of representatives of the entire community be organized to study this issue. Chairman Eggert pointed out that Children's Services is a good place to organize a pilot program, and Principal Dugan of Rosewood School is volunteering to try such a program. Discussion ensued regarding the possible means of transporting children to their homes as a part of an after-school program. Recreation Director Callahan was opposed to limiting the after-school program to certain schools and bussing the children from several schools to a single school. She stated that it is more comfortable for the children to be in familiar surroundings with teachers and peers from their own school. There is also added liability in transporting children on a bus. Dawn Quinn, representative from LaPetite Academy, advised that LaPetite has approximately 750 schools across the country and is a top quality business. They have some cost-effective plans for after-school care, by utilizing the schools, bringing in equipment such as computers and tables for homework, and having people with top-notch education credentials coming in with fresh hands. Ms. Quinn stated that a packet was available to the Board, and was sent to Mr. Dugan and the other elementary schools, describing LaPetite's plans and expectations for meeting children's needs. Chairman Eggert was in favor of Children's Services reviewing that information and considering a pilot program, beginning with Rosewood, and possibly on a bigger scale. She felt that the Board should delay making a decision for a month to see if this suggestion could be coordinated with the individual schools to create a cooperative program. Commissioner Bird did not think a study could be done in any reasonable length of time because it would involve the School Board, with the private day care operators using the school buildings and facilities. He felt that it is a large project and needed more time. Commissioner Bird asked, and Recreation Director Callahan responded that if the decision were made to expand the program to all four schools, there would be no problem except, perhaps, Glendale which does not have a teacher to run the program. 27 EC 15 1992 BOOK ® P',V F 91 rBOOK 88 pgF2 2 DF � ��.94 Commissioner Adams thought that we should expand the program to these schools because they indicated a need for it. She believed the main complaint from the day care industry was unfair competition, and we could cure that by charging a competitive price. Commissioner Bird stated that while that would put it on a competitive level, it would kill our program. Right now the program is paying for itself. Commissioner Bird realized that our program affects the day care centers to some degree, but we are helping 500 children who would not be able to go to private day care. Commissioner Macht emphasized that the Board has a responsibility to provide supervision to the large population of children who are at risk, and that does not necessarily mean children who are economically deprived. He felt there is a wide range of opportunity for the private sector to cooperate with enhancement of this program, and as Chairman of Children's Services he will put that on the agenda for discussion. In the meantime he thought we must deal with the issue. Rosemary Sparks, owner of Small Wonders day care center, recounted her experiences in buying the business and the 3 years of hard work to build it. She described it as a wonderful place for children but it is being destroyed by government. Chairman Eggert favored a decision to grant the one direct request of Vero Beach Elementary School for the aftschool program. Since the other three schools did not make a direct request but were asked to join in the request, we should review how the service will be rendered to the other three schools; whether it will be purely through the Recreation Department or would involve some private day care programs. Discussion ensued regarding the possibility of waiting for the results of a study. Commissioner Macht asked Lenora Quimby if she is prepared to present ideas to the Children's Services Committee, and Ms. Quimby responded that she would like to see what suggestions the committee will have. Commissioner Bird reminded the Board that the School Board must be involved, which will take some time. Director Baird advised that staff cannot get the right answers in 30 days if the Board plans to request bids from the day care industry. 28 ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved expansion of the Recreation Department's after- school program to enable Vero Beach, Glendale, Rosewood and Beachland Elementary Schools to participate in the after-school program, and to discuss with representatives of the day care industry the possible ways of including private day care centers in the after-school program. ENVIRONMENTAL LAND ACQUISITION - IMMEDIATE COST SHARE FUNDING The Board reviewed memo from Environmental Planning Chief Roland DeBlois dated December 8, 1992: TO: James E. Chandler County Administrator DEP HEAD CONCURRENCE: o ert M. Keating, AI Community Developmmen�Tt� ti�re:or FROM: Roland M. DeBlois ,�XICP Chief, Environmental Planning DATE: December 8, 1992 RE: Environmental Lands Acquisition: Immediate Cost Share Funding Opportunities It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 15, 1992. DESCRIPTION AND CONDITIONS Since establishment of the county Land Acquisition Advisory Committee (LAAC) two years ago and the Board's adoption of the Land Acquisition Guide in May 1991, the County's policy has been to maximize the use of matching funds and grants from the state and federal government for the purchase and protection of environmental lands. Because of the recently approved $26 million bond referendum, the county now has the means to leverage some of these funds by using them as matching funds for state grants. At present, the opportunity exists for the county to apply for state matching funds for two state land acquisition funding programs. Because of impending application deadlines, however, the county must now make a decision as to which LAAC site acquisition proposals will be submitted for funding consideration. 29 DEC 5 1�9� BOOK �� Fr�,E5 "A r DEC 15 1992 BOOK 88 F.V;E 206 The Florida Communities Trust Program (FCT) has recently opened its application period; this period extends from November 1, 1992 to January 15, 1993. Running somewhat concurrently, the application period for the next cycle of the Conservation and Recreation Lands (CARL) Program ends January 30, 1993. An additional funding opportunity exists with the St. Johns River Water Management District (SJRWMD). Although the SJRWMD does not have a set application submittal timeframe, cost share funds that are currently available may be unavailable in the not -to -distant future due to funding competition and allocation uncertainties. At their last regular meeting on November 18, 1992 the LAAC considered which of the land acquisition sites undergoing their review are appropriate for submittal in the present matching funds application cycle. LAAC recommended 5 sites for submittal under the various programs, with two additional sites to be submitted contingent upon further review at their next meeting (January 6, 1992)• The LAAC's recommendations are described in more detail in the following section. ALTERNATIVES & ANALYSIS Overview of Funding Opportunities As previously mentioned, there are a number of opportunities for matching funds. These include: the Conservation and Recreation Lands (CARL) program; the Florida Communities Trust (FCT) program; the St. Johns River Water Management District (SJRWMD) cost -share program; and the U.S. Fish and Wildlife Service joint acquisition program. Each of the programs or agencies have their evaluating the merits of projects submitted to consideration. Generally, the criteria can follows. Program/Agency CARL FCT SJRWMD USFWS General Criteria own criteria in them for funding be summarized as Large projects, resources of statewide significance Implementation of comprehensive plan, willing seller (close to appraised value) Water resources improvement and management Resources of national significance Attached is a "State and Federal Funding Opportunities" matrix relating to the 10 LAAC sites presently under acquisition consideration, plus the Sebastian Scrub "GDC" tract now undergoing review by LAAC. The matrix indicates staff's viewpoint on which sites have the best potential for the various funding opportunities. 30 s � � LAAC Recommendations The attached funding opportunity matrix was presented and discussed at the last LAAC meeting. LAAC voted to recommend that the Board authorize staff to submit applications for the projects indicated on the matrix, with the addition of the Lost Tree Village Islands for submittal under the CARL program. An additional site was discussed for inclusion in the FCT applications under the "emergency acquisition" procedures of the Land Acquisition Guide. The site is approximately ±110 acres of xeric scrub owned by Lost Tree Village Corporation, located south and west of the Johns Island West golf course, north of C.R. 510. Staff conducted a preliminary review of the property in coordination with the Florida Game and Fresh Water Fish Commission (GFC), and find the property to be significant scrub habitat, supporting_ rare and endangered species. LAAC tentatively recommended that the Board authorize staff to submit an FCT application for the site, contingent upon LAAC's further review and approval at their meeting of January 6, 1992. RECOMMENDATION Staff recommends that the Board of County Commissioners accept LAAC 's recommendations and authorize staff to submit the following funding applications for 50% cost share: CARL Program: Padgett Branch site Lost Tree Village Islands site FCT Program: Winter Beach Scrub site -Sebastian Scrub ("GDC") site "Johns Island West" Scrub site SJRWMD: Salama/Lowenstein site I.R. Boulevard South site ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously accepted LAAC's recommendation and authorized staff to submit the applications for 50 percent cost sharing as set forth in staff's memorandum. FINAL PAYMENT - 37TH STREET (BARBER AVENUE) - DESIGN OF WIDENING AND DRAINAGE IMPROVEMENT The Board reviewed memo from Public Works Director Jim Davis dated December 2, 1992: 31 DEC 15 1992 900K 8 8 uF 29 7 DEC 15 0-2 BOOK 88 DIF -7 .98 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Final Payment - 37th Street(Barber Avenue) Design of Widening and Drainage Improvement DATE: December 2, 1992 --- FILE: lenz.dec DESCRIPTION AND CONDITIONS On July 7, 1992, H.F. Lenz contracted with Indian River County to provide professional engineering and related services for the design of widening and drainage improvements to 37th Street between US 1 and Indian River Boulevard at a cost of $5,000. After negotiations for stormwater permits with the SJRWMD, the design had to be modified to include shallow water quality swales to be constructed behind curb and gutter for treatment purposes within the roadside recovery zone. This was additional work at a cost of $500. ANALYSIS AND ALTERNATIVES Design has been completed and final payment is due. The following alternatives are presented: Alternative No. 1 Approve the final payment of $508.44, and additional services in the amount of $500 as described above. Alternative No. 2 Deny payment. RECO101ENDATIONS AND FUNDING Staff recommends approving Alternative No. 1 in the amount of $508.44 under the original contract and $500 for additional services for a total of $1408.44. Funds are available in account #111-214-541-033.1%. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the final payment of $508.44 and additional services in the amount of $500 for a total of $1,008.44, as set out in staff's memorandum. 32 REQUEST FOR COUNTY TO GRADE UNPAVED ROADS WITH THE FOLLOWING RIGHTS-OF-WAY: 1) 101ST COURT BETWEEN 90TH STREET AND 92ND STREET IN VERO LAKE ESTATES SUBDIVISION 2) 79TH STREET BETWEEN 102ND COURT AND 102ND AVENUE IN VERO LAKE ESTATES SUBDIVISION 3) 82ND STREET EAST OF U.S.1 The Board reviewed memo from Public Works Director Jim Davis dated December 9, 1992: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request for County to Grade Unpaved Roads with the Following Right -of -Ways 1) 101st Court between 90th Street and 92nd Street in Vero Lakes Estates Subdivision (.25 mile) - 2) 79th Street between 102nd Court and 102nd Avenue in Vero Lakes Estates Subdivision (.1 mile) 3) 82nd Street east of U.S. 1 (.15 mile) DATE: December 9, 1992 DESCRIPTION AND CONDITIONS The Public Works Department has received requests for the County to assume road grading within the above subject right-of-ways from property owners along the right-of-ways. Since 1981, the County has not assumed the grading of additional unpaved roads unless authorized by the Board of County Commissioners after consideration of the results of a numerical evaluation procedure adopted in 1981. In the early 1980's, the County Attorney issued an opinion that the County did not have an obligation to grade roads within dedicated right-of-ways if those roads were not being graded. The entire issue of maintenance of dedicated ungraded right-of-ways in the County was discussed during the March 5, 1991 and May 7, 1991 Board of County Commissioners meeting (minutes attached). At that time, the Staff was directed to continue the evaluation program but was to recommend additional roads in Vero Lakes Estate to be graded. ALTERNATIVES AND ANALYSIS The above follow: .QIY O� �i P eq .ill DEC 15 1992 subject roads were evaluated 33 and the results BOOK ° "u 101st Court - 80 points 79th Street - 80 points 82nd Street - 35 points BOOK ,E ,3 Based upon a minimum acceptance score of 100 points which has been historically used, these roads do not qualify for a positive staff recommendation to assume grading. There have been instances, particularly within the 9,000 lot Vero Lakes Estate Subdivision, where the Board has authorized maintenance even though the 100 point score was not attained. During the March 5, 1991 meeting of the Board of County Commissioners, the Board requested staff to consider revising the minimum score warrant in Vero Lakes Estate due to the unique nature of the Subdivision. Based upon that discussion, staff recommends lowering the minimum score to 75 points. In the case of 82nd Street east of U.S. 1, a sufficient Public Right -of -Way does not exist since this area has not been platted. The Alternatives are as follows: Alternative No. 1 Deny the three -requests since the evaluation does not result in a score of at least 100 points. Encourage the property owners to apply for petition paving. Alternative No. 2 Approve the grading of 101st Court and 79th Street based upon accepting a minimum score warrant of 75 points in the Vero Lakes Estate Subdivision. Deny the request to grade 82nd Street due to insufficient Public Right -of -Way. Staff recommends Alternative No. 2 at this time due to the Staff recommendation to lower the minimum warrant score to 75 points under the 1981 evaluation criteria. Funding to be from Road and Bridge Division Operating Budget. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the grading of 101st Court and 79th Street and denied the request to grade 82nd Street, as set out in Alternative No. 2 in staff's memorandum. 34 EMERGENCY REPAIRS TO RINGS HIGHWAY BRIDGE OVER MAIN RELIEF CANAL The Board reviewed memo from Public Works Director Jim Davis dated December 11, 1992: TO: James Chandler County Administrator _ FROM: James W. Davis, P.E., Public Works Directo SUBJECT: Emergency Repairs to King's Highway Bridge over Main Relief Canal DATE: December 11, 1992 The north bridge approach slab and embankment retaining wall beneath the King's Highway bridge across the Main Relief Canal have failed resulting in closure of the bridge. Due to the extensive undermining of the approach slab, the Road and Bridge Division removed the slab and discovered that the 30' long steel sheet piling which retained the embankment has rusted through and failed. Staff has contacted several contractors to replace the sheet piling, but only one contractor, B.K. Marine, Inc. of Ft. Pierce, has materials available and can install them immediately. The cost for materials and labor is approximately $18,900.00. The retaining wall must be 30' high and 65' wide, including special corner sections. Since the citrus hauling season and peak season traffic conditions are prevalent, the bridge must be opened as soon as possible. ALTERNATIVES AND ANALYSIS Since time is of the essence, staff instructed B.K. Marine to proceed with the work. The Road and Bridge Division will backfill against the new retaining wall and pour a new concrete approach slab with in-house resources. Ki ulul�l►1� •0 1,11b It is recommended that after -the -fact authorization be given to contract with B.K. Marine, Inc. for furnishing and installing 65' L.F. x 30' deep steel sheet piling at the Kings Highway bridge across the Main Canal at a cost not -to -exceed $18,900. Funding is to be from Road and Bridge account #111-214-541-035.33 (bridge material - $25,000 budgeted). MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Macht, to award the contract, after the fact, to B. K. Marine, Inc., in the not -to -exceed amount of $18,000 for emergency repairs to Kings Highway Bridge over Main Relief Canal, as recommended by staff. 35 DooK DEC715 1992 BOOK 8O F,1GF 302 Director Davis further explained that staff are presently analyzing the weight of the materials being used and we may have to use thicker wall sheet piling, which will inflate the cost. He asked for authorization to use the heavier material. Commissioner Bird amended the motion to include authorization to use the heavier materials. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. WATER EXPANSION PLAN PHASE I - CONTRACT 1• CHANGE ORDER 1 AND FINAL PAY REQUEST The Board reviewed memo from Utility Services Director Terry Pinto dated December 2, 1992: DATE: DECEMBER 2, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR/0-V UTI TY SERVICES PREPARED H. D. 4440�ST', P. E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN PHASE I - CONTRACT 1 INDIAN RIVER COUNTY PROJECT NO. UW -91 -02 -DS CHANGE ORDER 1 AND FINAL PAY REQUEST BACKGROUND Construction of the subject project has been completed, and the contractor, Boyce Company, of St. Petersburg, Florida, has made application for final payment. The pay request includes an increase of $36,905.52 as reflected on Change Order 1 (see attached). The cost increase is due primarily to 1) extension of Jack and bore casings to avoid utility lines, 2) the addition of several services, and 3) an incrbase in the number of fittings used as compared to the original estimate. ANALYSIS All Indian River County requirements have been met, and DER clearance has been requested. The original contract price was $928,215.60; the final contract price is $965,121.12, which includes the change order. The contractor has previously been paid $804,548.25; this leaves a remaining balance of $160,572.87. On October 22, 1991, the Board of County Commissioners approved Resolutions 1 and 2 of the subject project at a total construction- - cost of $2,450,000.00. 36 Due to the size of the Phase I project, it was decided to separate the construction project into five contracts. The project was awarded as follows: Contract #1 Contract #2 Contract #3 Contract #4 Contract #5 TOTAL Boyce Company Tri -Sure Boyce Company Boyce Company Boyce Company $ 928,215.60 192,070.00 229,283.61 313,723.57 327.167.01 $1,990,459.79 The total of all bids awarded as listed above was significantly below the originally estimated construction cost of $2,450,000.00. The projects are now complete, and the final construction costs are listed below: Contract #1 Contract #2 Contract #3 Contract #4 Contract #5 TOTAL Boyce Company Tri -Sure Boyce Company Boyce Company Boyce Company $ 965,121.12 175,505.00 214,139.13 275,422.22 309.011.41 $1,939,198.88 The final construction amount of $1,939,198.88 results in a figure below the originally budgeted $2,450,000.00, and below the awarded contract total of $1,990,459.70. Also, it should be noted that the original project estimate did not include the 24" diameter water transmission main added to Contract 1`on 5th Street SW from 27th Avenue to the County's reverse osmosis plant. As a result of extreme competitiveness among bidding contractors, we have successfully completed the Water Expansion Plan Phase I project well under budget, even though additional transmission main was added to the project. The Department of Utility Services recommends approval of the attached change order and the payment request of $160,572.87 as payment in full for services rendered. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved the change order and payment request of $160,572.87 as payment in full to Boyce Company for Water Expansion Plan Phase I, Contract 1, as recommended by staff. SAID CHANGE ORDER AND PAY REQUEST ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD �Yi DEC 15 1992 BOOK b8 F 3103 r SEC 15 1992 OOK 88 mrE3 4 WATER EXPANSION PLAN PHASE I - CONTRACT 4: CHANGE ORDER 1 AND FINAL PAY REQUEST The Board reviewed memo from Utility Services Director Terry Pinto dated December 2, 1992: DATE: DECEMBER 2, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE GAPINTA DIRECT VICES PREPARED H. D. " E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN PHASE I - CONTRACT 4 INDIAN RIVER COUNTY PROJECT NO. UW -91 -02 -DS CHANGE ORDER 1 AND FINAL PAY REQUEST BACKGROUND Construction of the subject project has been completed, and the contractor, Boyce Company, of St. Petersburg, Florida, has made application for final payment. The pay request includes a reduction of $38,301.35 as reflected on Change Order 1 (see attached). The cost reduction is due primarily to 1) utilizing dual services in lieu of some single services, 2) using 1 1/2" service lines in lieu of 2" service lines, and 3 ) a reduction in the number.of fittings used compared to the original estimate. ANALYSIS All Indian River County requirements have been met, and DER clearance has been received. The original contract price was $313,723.57; the final contract price is $275,422.22, including the Change Order. The contractor has previously been paid $243,499.34; this leaves a remaining balance of $31,922.88. RECOMMENDATION The Department of Utility Services recommends approval of the attached change order and the payment request of $31,922.88 as payment in full for services rendered. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved the change order and the payment request of $31,922.88 to Boyce Company for Water Expansion Plan Phase I, Contract 4, as recommended by staff. SAID CHANGE ORDER AND PAY REQUEST ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 38 WATER EXPANSION PLAN PHASE I - CONTRACT 5: CHANGE ORDER 1 AND FINAL PAY REQUEST The Board reviewed memo from Utility Services Director Terry Pinto dated December 2, 1992: DATE: DECEMBER 2, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR IL SERVICES PREPARED H. D. "D�,F.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN PHASE I - CONTRACT 5 INDIAN RIVER COUNTY PROJECT NO. UW -91 -02 -DS CHANGE ORDER 1 AND FINAL PAY REQUEST BACKGROUND Construction of the subject project has been completed, and the contractor, Boyce Company, of St. Petersburg, Florida, has made application for final payment. -The pay request includes a reduction of $18,155.60 as reflected on Change Order 1 (see attached). The cost reduction is due primarily to 1) utilizing dual services in lieu of some single services, 2) using 1 1/2" service lines in lieu of 2" service lines, and 3) utilizing fewer fittings than originally estimated. ANALYSIS All Indian River County requirements have been met, and DER clearance has been received. The original contract price was $327,167.01; the final contract price is $309,011.41, including the Change Order. The contractor has previously been paid $268,395.42; this leaves a remaining balance of $40,615.99. RECOMMENDATION The Department of Utility Services recommends approval of the attached change order and the payment request of $40,615.99 as payment in full for services rendered. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved the change order and payment request of $40,615.99 to Boyce Company as payment in full for Water Expansion Plan Phase I, Contract 5, as recommended by staff. SAID CHANGE ORDER AND PAYMENT REQUEST ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 39 DEC 15 1997 BOOK 8 F'.k�F.'D1�5 DEC 15 1112 BOOK 88 P.{ l -JA I SLUDGE/SEPTAGE FACILITY RETAINAGE The Board reviewed memo from Utility Services Director Terry Pinto dated December 2, 1992: DATE: DECEMBER 2, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR UTIL SERVICES STAFFED AND PREPARED BY: H. D. S ER, 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 75 percent of the work has been satisfactorily completed, the Contractor Administrator may reduce -the retainage to 3.5 percent of all monies earned (see attached). Retainage was previously reduced from 10 percent to 5 percent by approval of the Board of County Commissioners on September 1, 1992 (see attached). ANALYSIS: The contractor, Poole & Kent, has completed 75% of the project and requests that his retainage be reduced to 3.5% of all monies earned in accordance with paragraph 5.2 of his agreement with the County (letter with recommendations from Camp Dresser & McKee attached). This action would reduce the retainage from $230,000.00 to $161,000.00. RECOMMENDATION: The staff of the Department.of Utility Services recommends approval of the retainage reduction from 5% to 3.5% of monies earned. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved retainage reduction from 5 percent to 3.5 percent of monies earned by Poole & Rent for the Sludge/Septage Facility, as recommended by staff. E,U] WATER SERVICE IN KINGS HIGHWAY SUBDIVISION AND REPLAT OF BLOCKS 1 2, 3, AND 4, 39TH AND 40TH STREETS EAST OF KINGS HIGHWAY AND 56TH AVENUE - RESOLUTION IV AND FINAL ASSESSMENT The Board reviewed memo from Utility Services Director Terry Pinto dated December 3, 1992: DATE: December 3, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTI VICES PREPARED JAMES D. CHAS AND STAFFED MANAGER OF AS PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER SERVICE IN KINGS HIGHWAY S/D AND REPLAT OF BLOCKS 1, 21 3, AND 4, 39TH AND 40TH STREETS EAST OF KINGS HIGHWAY AND 56TH AVENUE INDIAN RIVER COUNTY PROJECT NO. UW -92 -13 -DS RESOLUTION IV FINAL ASSESSMENT ROLL BACKGROUND On May 19, 1992, the Indian River County Board of County Commissioners approved Resolution III, No. 92-78 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 $48,729.00, which equated to $0.07247489057 per square foot of property owned. The final assessment (see attached Resolution IV and the accompanying assessment roll) is in the amount of $41,596.14, which equates to a cost of $0.061866 per square foot of property. RECOM DATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution IV. ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 92-227, certifying "as -built" costs for installation of a waterline extension in Kings Highway Subdivision, as recommended by staff. RESOLUTION 92-227, WITH ASSESSMENT ROLL ATTACHED IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 41 ®EC 1992 eooK F',:r­307 BOOK 88 PAGF.9. 08 An Built (Final Reso.) - 12/3/92(legal)Vk/DC RESOLUTION NO. 92- Uj A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A WATERLINE EXTENSION IN KINGS HIGHWAY SUBDIVISION AND REPLAT OF BLOCKS 1, 21 39 AND 4, 39TH AND 40TH STREETS EAST OF KINGS HIGHWAY, AND ALSO 56TH AVENUE, AND SUCH OTHER 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, May 19, 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. 92-78, 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. 92-78, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 92-78 is modified as follows: The completion date 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. 42 z 2. Payments bearing interest at the rate of 8% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date ig ninety days after the passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 92-78 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 Exhibit "A," attached to Resolution No. 92-78, 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 Macht , and the motion was seconded by Commissioner Lipa, , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 15th day of December, 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Caro,Yyn K. Eg Ch91rman 43 DEC 151992* BOOK 88 PUF FINAL ASSESSMENT ROLL - RESOLUTION IV - THE MEADOWS SUBDIVISION - 41ST COURT WATER SERVICE PROJECT The Board reviewed memo from Utility Services Director Terry Pinto dated November 19, 1992: DATE: NOVEMBER 19, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. P O DIRECTOR OF UT SERVICES PREPARED JAMES D. CHAS AND STAFFED MANAGER OF ASS PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FINAL ASSESSMENT ROLL - RESOLUTION IV THE MEADOWS SUBDIVISION - 41ST COURT WATER SERVICE PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -91 -31 -DS BACKGROUND On May 19, 1992, the Indian River County Board of County Commissioners approved Resolution III, No. 92-77 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 $26,656.00, which equated to $0.08129059802 per square foot of property owned. The final assessment (see attached Resolution IV and the accompanying assessment roll) is in the amount of $25,013.00, which equates to a cost of $0.076280 per square foot of property. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution IV. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 92-228, certifying "as -built" costs for installation of a waterline extension in The Meadows Subdivision (41st Court), as recommended by staff. RESOLUTION 92-228, WITH ASSESSMENT ROLL ATTACHED, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 44 As Built (Final Reso.) E_ J 12/3/92(1ega1)Vk/Dc RESOLUTION NO. 92- 228 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A WATERLINE EXTENSION IN THE MEADOWS SUBDIVISION (41ST COURT), AND SUCH OTHER 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, May 19, 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. 92-77, 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. 92-77, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 92-77 is modified as follows:* The completion date 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. 45 DEC51992 BOOK 88 PAGE I- - I t BOOK 88 P1' U.112 -7 2. Payments bearing interest at the rate of 8% 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. 92-77 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 Exhibit "A," attached to Resolution No. 92-77, 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 Adams , and the motion was seconded by Commissioner Ti ppi n and, upon . being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 15th day of December, 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By � / L-1, ,, '-e— — Caroly, K. Egger ;( Chair an 46 FINAL PAY REQUEST - RINGS HIGHWAY SUBDIVISION The Board reviewed memo from Utility Services Director Terry Pinto dated December 1, 1992: DATE: DECEMBER 1, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTIL SERVICES STAFFED AND PREPARED BY: ROBERT O. WISEMEN, P.E. ENVIRONMENTAL ENGINEER . W DEPARTMENT OF UTILITY SERVICES SUBJECT: FINAL PAY REQUEST KING"S HIGHWAY SUBDIVISION IRC PROJECT NO. UW -92 -13 -DS IRC BID NO. 92-99 BACKGROUND: On July 7, 1992, the Indian River County Board of County Commissioners awarded the subject project to Timothy Rose Enterprises in the amount of $33,581.70 (see attached agenda item). ANALYSIS: The original contract amount of the project was $33,581.70. Adjustments (which are reflected on the attached change order) were made during construction, such as elimination of driveway cuts which became unnecessary and a reduction in the amount of sod replaced during restoration. One single short service was added as requested by a homeowner. The net adjustments amount to a reduction of $1,117.34, which reduces the final total contract amount to $32,464.36. The final pay request, including the ten percent retainage of Payment No. 1, is $4,691.26. RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners approve the attached change order and final pay request to Timothy Rose Enterprises. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the change order and final pay request to Timothy Rose Enterprises in the amount of $4,691.26, as recommended by staff. SAID CHANGE ORDER AND PAY REQUEST ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 47 DEC 15 1992 BOOK r- SDOK 88 pnf. 314 DEC 15 1992 WATER LINE REPLACEMENT PROJECTS - IBORA PARR GLEN ACRES AND COOKS' SUBDIVISION - CHANGE ORDER 1 The Board reviewed memo from Utility Services Director Terry Pinto dated December 3, 1992: DATE: DECEMBER 3, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES - PREPARED TERRY H. DRUM SERVICES - . AND STAFFED ENVIRONMENTAL SPECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER LINE REPLACEMENT PROJECTS IXORA PARK, GLEN ACRES, AND COORS' SUBDIVISION IRC PROJECT NO. UW -92 -18 -DS CHANGE ORDER NO. 1 BACKGROUND On November 10, 1992, the Indian River County Board of County Commissioners approved the subject project in the amount of $47,161.89 (see attached agenda item and minutes). Construction of the subject project is approximately 60* percent complete. The contractor, Driveways, Inc., of --Titusville, Florida, has submitted a $12,310.44 change order for the construction labor to add an additional 635 L.F. with appurtenances located along 18th Avenue between 8th Street and 9th Street. This Change Order No. 1 has been requested by the Department of Utility Services. The estimated materials cost for this project will be $5,112.90 and will be purchased by the Department of Utility Services using the supplies and materials bid. This additional project is a part of a continuing effort by this department to replace galvanized water lines in Indian River County. The additional funds will be from the Department's renewal and replacement funds. ANALYSIS The original contract amount was $47,161.84. This Change Order No. 1 is in the amount of $12,310.44. The revised total labor contract price will be in the amount of $59,472.28. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve Change Order No. 1. Administrator Chandler explained that there were inaccuracies in the as -built drawings and they added the 635 feet, which was authorized by the Commission in November. 48 Commissioner Adams asked, and Director Pinto explained that the galvanized pipe is very susceptible to corrosion and will be replaced with PVC. ON MOTION by Commissioner Bird, SECONDED by Commissioner Macht, the Board unanimously approved Change Order No. 1 to the contract with Timothy Rose Enterprices in the amount of $12,310.44, as recommended by staff. SAID CHANGE ORDER AND APPLICATION FOR PAYMENT ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD DEVELOPER"S AGREEMENT WITH THE MOST REVEREND J. KEITH SYMONS BISHOP OF THE DIOCESES OF PALM BEACH The Board reviewed memo from Utility Services Director Terry Pinto dated November 9, 1992: DATE: NOVEMBER 91 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED JOSE R. DIAZ AND STAFFED PRIVATE PRO ER BY: DEPARTMENT O LITY SERVICES SUBJECT: DEVELOPER'S AGREEMENT WITH THE MOST REVEREND J. KEITH SYMONS, BISHOP OF THE DIOCESES OF PALM BEACH BACKGROUND The Department of Utility Services has received all the documentation necessary to complete the operation checklist for a water distribution system at the St. John of the Cross Catholic Church project. This design called for the installation of a 6 -inch diameter water line along 82nd Avenue. It was necessary to oversize this line to 12 inches to meet the requirements of our Water Master Plan. The Department of Utility -Services now proposes to enter into a developer's agreement with The Most Reverend J. Keith Symons, Bishop of the Dioceses of Palm Beach, to reimburse the difference in cost of oversizing the above-mentioned line. 49 DEC mg? BOOK � F4OF ) BOOK 88 PAGE 316 ANALYSIS The reimbursement for this construction will be as follows: Item Total Reimbursement 12 -inch PVC water main $22,176.00 1848 LF of 6 -inch diameter oversizing @ $2.00/inch equals $12.00/LF The County shall reimburse the developer in the amount of $548.00 (amount of impact fee attritutable to Master Plan time extensions) per Equivalent Residential Unit from the impact fee previously paid by the developer. The Utilities Department is proposing to reimburse the developer the remaining $21,628.00 immediately upon the completion of the project from the impact fee fund. This is being proposed due to the immediate ability to utilize the line for further extension, as well as to reduce accounting associated with reimbursement over time as additional customers connect to this line. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached developer's acireem.- t with The Most Reverend J. Reith Symons, Bishop of the Dioceses of Palm Beach. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved the developer's agreement with The Most Reverend J. Reith Symons, Bishop of the Dioceses of Palm Beach, for reimbursement as set out in staff's memorandum. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD LETTER OF CONGRATULATIONS TO PETER GAMBLE ROBINSON II ON BEING AWARDED BOY SCOUT EAGLE RANK: REOUESTED BY PETER AND DEBB ROBINSON The Board reviewed the following letter from Mr. and Mrs. Peter Gamble Robinson dated December 10, 1992: 411 December 10, 1992 Honorable Carolyn Eggert, Chairman Indian River County Commission 1840 25th Street Vero Beach, Florida 32960 Dear Carolyn: Our son, Peter Gamble Robinson II, will be awarded Boy Scout Eagle Rank in an Eagle Scout Ceremony Tuesday, December 29, 1992 at 7:00 P.M. Peter has worked diligently for five years to attain this rank. As he attended Phillips Exeter Academy In New Hampshire for three of the years, many of his Boy Scout requirements were accomplished as a Lone Scout. Peter graduated from Exeter last June and is now a freshman in the Honors Program at the University of Southern California and one of thirty-four members of the Filmic Writing Program in the School of Motion Picture and Television. We would very much appreciate your sending a letter of congratulations to be read at the ceremony. As a young man seriously committed to God and to his country, we know he will appreciate your interest as do we. Have a very Merry Christmas. Best regards, 1� A. "o "�Lc Peter and Debb Robinson The members of the Board agreed to authorize the Chairman to send a letter of congratulations to Peter Gamble Robinson II. EMERGENCY SERVICES DISTRICT Chairman Eggert 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. SOLID WASTE DISPOSAL DISTRICT Chairman Eggert 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. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:50 A. M. ATTEST: 1� - J. Barton, Clerk 51 Caroly K. Eg t, Chairman BOOK 88 PAIF 31