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Home My WebLink About1/26/1993MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JANUARY 26, 1993 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman (Dist. 5) John W, Tippin, Vice Chairman (Dist. 4) Fran B. Adams ( Dist. 1) Carolyn K. Eggert (Dist. 2) Kenneth R. Macht ( Dist. 3) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. I. CALL TO ORDER PAGE 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Item 7.K. Request of Commissioner Macht for out -of -county travel Item 10 Request for appeal of termination before the Board by former employee John Halquist -- Item 12.B. Discuss Court ruling on Heritage Village case S. PROCLAMATION AND PRESENTATIONS Presentation of Retirement Plaque to Albert VanAuken 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Community Services Block Grant Housing Rehabilitation Program Application (memorandum dated January 19, 1993) B. IRC Bid #3065 / Surplus Sale #2 ( memorandum dated January 8, 1993 ) C. Final Pay Request and Final Change Order for Sandridge Golf Club Well Contract ( memorandum dated January 11, 1993 ) D. Vero Beach High School Boys Golf Team Playing Privileges (memorandum dated January 14, 1993) E. Links Design, Inc. ( memorandum dated January 15, 1993 ) BOOK F',g r JAN 26 1993 BOOK 88 1,'o- _ ; 7. CONSENT AGENDA (cont'd. ): PAGE F. A Resolution of Formal Acceptance of Utility Easements in Shady Oaks S/D ( memorandum dated January 14, 1993 ) G. Request for Floodplain Cut and Fill Balance Waiver for Beachside S/D ( memorandum dated January 18, 1993 ) H. Award Bid #3041 / PC Computers - BCC (memorandum dated January 19, 1993) I. Release of Utility Liens (memorandum dated January 20, 1993) J. NIMLO Midyear Seminar - Washington, D.C. ( memorandum dated January 20, 1993 ) S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS _ I. VISIONS Report ( Report provided separately) 2. Americans With Disabilities Act (ADA) Self -Evaluation Plan ( memorandum dated January 14, 1993 ) B. PUBLIC HEARINGS Shady Oaks S/D Water Service - Resolution III ( memorandum dated January 12, 1993 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES I. Approval of Renewal of UPS Contract with EPE Technologies, Inc., for E911 Center ( memorandum dated January 13, 1993 ) 2. Approval of Resolution Related to Animal Con- trol; Amending the Fees, Penalties and Proce- dures Related to Enforcement of the Animal Control Ordinance (memorandum dated January 13, 1993 ) C. GENERAL SERVICES None 11. DEPARTMENTAL MATTERS (amt'd. ): D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL Deferred Compensation ( memorandum dated January 19, 1993 ) G. PUBLIC WORKS I. Traffic Signalization Design at US #1 / 37th Street I ntersection ( memorandum dated January 12, 1993 ) 2. 3rd Annual Citrus Sunrise Bicycle Classic / Rotary Club of Vero Beach (memorandum dated January 12, 1993) 3. Miscellaneous Intersection Improvements, Phase III / Kimball Lloyd, Inc. Release of Retainage ( memorandum dated January 18, 1993 ) 4. IRC Applic. for Fed. Funding - Beach Nourishment Proj. Within City of V.B. (memorandum dated January 20, 1993) H. UTILITIES PAGE 1. Regional Landfill Lift Station Change Order #1 (memorandum dated January 14, 1993) _ .2. Proposed Change Orders - Construction of the C.R. 512 Commercial Node - Water & Wastewater ( memorandum dated January 14, 1993 ) 3. Water Main Replacement - Project No. 1 Pineview Pk. S/, Riverbark S/D, l; 15th Ave. I.R. Bid No. 91-113, Work Authorization No. 7 ( memorandum dated December 30, 1992 ) 12. COUNTY ATTORNEY Review of Occupational License Tax ( memorandum dated January 7, 1993 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN Treasure Coast Regional Planning Council JAN 26 1993 BOOK V Fr1�C �.dV JAN 26 1993 BOOK 88 PAGE s'26 13. COMMISSIONERS ITEMS (cont'd. ): C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT 1. Approval of Minutes - Meeting of 12/15/92 2. Approval of Camp Dresser E McKee Proposal for Professional Engineering Services to Prepare a Contamination Assessment Report (CAR) for 'Station #3 ( memorandum dated January 18, 19931 B. SOLID WASTE DISPOSAL DISTRICT None 15. ADJOURNMENT PAGE ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. 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. Tuesday, January 26, 1993 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, January 26, 1993, at 9:00 A. M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Diane Albin, Deputy Clerk. The Chairman called the meeting to order. Chairman Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDAZEMERGENCY ITEMS Commissioner Tippin requested the addition as Item 7.K. permission to attend the Regional Planning Council planning workshop in Orlando on environmentally sensitive land acquisition. Administrator Chandler requested the addition as Item 10 a request for appeal before the Board by John Halquist, an employee who was terminated. Attorney Vitunac requested the addition as Item 12.B. a discussion of last week's Court ruling on the Heritage Village case. Chairman Bird requested the deferral of Item 11.G.4. for one week. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously added and deferred the above items. Mom ' JAN 26 1993 BOOK 88 PAGE 662!8 -7 PROCLAMATIONS AND PRESENTATIONS Presentation of a Retirement Plaque by Chairman Bird to Albert Van Auken was preceded by the following words of recognition: INDIAN RIVER COUNTY, FLORIDA ALBERT VAN AUKEN Albert Van Auken announces his retirement from Indian River County Board of County Commissioners effective January 28, 1993. Albert Van Auken, originally from Pennsylvania, has been a resident of Indian River County since 1961. He was previously employed with Piper Aircraft as a Mechanic. Albert Van Auken was hired on January 15, 1963 with the Road & Bridge Division. He was a Foreman until his position was reclassified to Assistant Superintendent effective August 16, 1979 and he became Superintendent in February 26, 1981. Albert Van Auken has seen many changes within Indian River County in his 30 years of service. Albert Van Auken has demonstrated positive leadership in his tenure with the County. A list of Mr. Van Auken's achievements include construction supervision of over 90 local road petition paving projects, the County Fairgrounds, numerous County parks, many County bridges, intersections and sidewalks. He has several letters of commendation expressing appreciation for jobs well done. He is regarded as an excellent Superintendent by his supervisor, Jim Davis, P.E., and is well liked by his staff and other county employees. Mr. Van Auken will be missed by his fellow employees. He has unselfishly assisted them over the years with work related and personal needs. The Board of County Commissioners wishes to express their appreciation for the outstanding performance Albert Van Auken has contributed on behalf of Indian River County. The County Commissioners wish him the very best in his future endeavors. Albert Van Auken emotionally thanked the BCC, Administrator Chandler, department heads, and everyone with whom he worked over the years, but especially Public Works Director Jim Davis. Director Jim Davis conveyed that it was a very emotional day for him also. He felt that Albert Van Auken has been a tremendous asset to Public Works and cherished their friendship as well as their working relationship over the past 13 years. He felt that all of the employees who knew him will miss him very much. F CONSENT AGENDA A. Community Services Block Grant Housing Rehabilitation Program Application The Board reviewed the following memo dated January 19, 1993: TO: The Honorable Members of the DATE: January 19, 1993 FILE: Board of County Commissioners THROUGH: H. T. "Sormy" Dean, Directc?zol General Services SUBJECT: community Services Block Grant Housing Rehabilitation Program Application FROM: Guy L. Decker, Jr. z4 REFERENCES: Executive Director I.R.C. Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITION: The State of Florida's Department of Community Affairs advised Indian River County they will accept applications for projects to be funded through the Community Services Block Grant (CSBG) for local activities to assist low-income individuals. Section 675 (C) (1) (a) through (E), Public Law 97-35, as amended, and Administrative Rule 9B-22, Florida Administrative Code, provide the criteria for such projects. These grants will be for a six-month period from April 1, 1993 through September 30, 1993, and the alloca- tion for Indian River County to cover administrative costs is $6,016. Applications must be postmarked no later than February 1, 1993. The Indian River County Housing Authority is the non-profit subgrantee for the Indian River County Commissioners. The program covered under this grant will provide rehabilitation consulting services which will activate rehabilitation funding from governmental sources. The Farmers Home Administration Section 504 Program provides housing rehabilitation funds in the form of (1) low-interest loans, (2) loans and grants, and (3) grants to the low-income elderly owner -occupant. There are approximately 600 owner -occupied substandard housing units suitable for rehabilitation in Indian River County. Low-income and elderly families lack the money to make their homes safe and sanitary. .This program will be targeted in the three most distressed areas of the County in Sebastian, Wabasso and Winter Beach. We plan on assisting between 8 and 14 low-income and elderly owners in bringing their homes up to safe and sanitary standards. ALTERNATIVE AND ANALYSIS: This is our eleventh funding cycle under legislation passed by Congress which con- solidated various social programs into the block grant categories for administration by the State and local government, and funds not applied for from the Community Services Block Grant Program will be redistributed among counties that make application. 3 JAN 2 6 1 j B 0 0 K 8 8 Pv;F..66'9 e BOOK 88 PAGUE 630 RECTION AND FUNDING: We respectfully request the County Commission to authorize its Chairman to execute the Community Services Block Grant Program Application for submission to Florida's Department of Community ity Affairs along with the required accompanying Resolution. This program will bring about improvements in safety and sanitation for approxi- mately 14 homeowners. The average cost of improvements will be $5,000 per unit. The $6,016 Grant plus $2,697 of cash and in-kind contribution by the Housing Authority would be supplemented with abDut $72,000.00 in loans and grants from the Farmers Home Administration. This program requires no additional County Funds. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-19, authorizing the Chairman of the Board to execute an application for a housing rehabilitation program to assist low-income families as administered by the Florida Department of Community Affairs, as recommended by staff. RESOLUTION NO. 93- 19 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF,INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE AN APPLICATION FOR A HOUSING REHABILITATION PROGRAM TO ASSIST LOW-INCOME FAMILIES AS ADMINISTERED BY THE STATE OF,FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS; the Board of County Commissioners'of Indian River County has reviewed this proposal and has received the recom- mendation from the Executive Director of the Indian River County Housing Authority, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman and the Clerk of the Board of County Commissioners are authorized to execute the attached Application to the State of Florida's Department of Community Affairs for a Community Services Block Grant Program (CSBG). The foregoing resolution was offered by Commissioner Eggert who moved its.adoption. The motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: 4 Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn R. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 26 day of January, 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /r Chairman ATTEST: Clerk to the Bo rd C COPY OF GRANT APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B. IRC Bid #3065 - Surplus Sale #2 The Board reviewed the following memo dated January 8, 1993: DATE: January 8, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James S. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servic A FROM Fran Boynton Powell, Purchasing Manager SUBJ: IRC Bid 03065/Surplus Sale 02 BACKGROUND: The following equipment (attached sheet) has been declared surplus to the needs of Indian River County. 5 BOOK 00 F'AH. Gil JAN 26 1993 BOOK 88 PAGE 632 ANALYSIS: Staff recommends that authority be granted by the Board of County Commissioners to declare the above surplus and authorize its sale. FUNDING: The monies received from this sale will be returned to the appropriate accounts. This will be placed on the Surplus Property Sale open to the public as per State Statutes. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved staff recommendation that the property listed below be declared surplus and sold at a surplus property sale open to the public in accordance with State Statutes. Surplus Items Having No Asset Numbers: Fire Department 1. G.E. Eastron (RS -7A) Encoder 2. G.E. Personal Radio Desk Charger 3. G.E. Radio 4. Federal Siren (Director) 5. G.E. Custom MVP Radio 6. Federal Siren - (Director) 7. G.E. Speaker S. G.E. Personal Radio Desk Charger 9. Motorola Speaker 10. Shinwa Paper Charger 11. Motorola Hand Held Radio Charger 12. Door -Light -Horn Station Pager 13. Comm. specialist PE -100 Pager Radio Encoder 14. Motorola Pager Charger 15. Motorola Maxar Radio 16. Motorola Speaker 17. Motorola Convertacom Radio Charger (Hand Held) 18. G.E. Personal Radio Desk Charger 19. G.E. Personal Radio Charger Standard 20. G.E. Pager Charger 21. Motorola Minitor Pager 22. Motorola Charger 23. Regency Micro-com Pager Charger 24. Motorola (Power Amplifier) 25. Telephone (3 Channels) 26. G.E. Rechargeable Batteries 27. Regency (Alert) Pager 28. Southern VP Siren 29. Monipage Shinwa Pager 30. King Marine Radio (Hand -Held) 31. Ommicron Recorder 32. Shinwa Pager Charger Utilities Department 1. Onan Transfer Switch - 600 AMPS 2. Onan Transfer Switch - 600 V.A.C. 3. 60 H.P. U.S. Motor 4. Goulds Pump - 150 H.P. (2) 5. Goulds Pump- 125 H.P. (2) 6 a I R v c� T i I`: e 01/19/93 11iO3t28 NUMBER NUMBER MGNT CODE OF ASSET 004764 004768 3 004930 004973 007033 007356 007357 AAS 007467 007469 007476 007532 997843- 007842 007912 008544 008544 008546 008559 008561 008890 008905 009377 009379 009733 010939 011020 009470 009734 008872 008465 008542 008548 008550 000000 1340 DISK DRIVE 000000 1340 IBM DISPLAYWRITER CPU AUTO -DIAL -- — --- 000000 000000 - 1260 DEC PRINTER 000000 1500 PRINTER 1200LPM r 000000 1340 1110 PRINTER CANON ELECTRONIC TYPEWRITER 000000 1500 KODAK CAR INTERFACE 000000 1500 DISPLAY WRITER 000000 1040 IBM DISK DRIVES 19M DISK BRIVES 000000 000000 1500 :1040, IBM DISK DRIVES 000000 1040 IBM DISPLAYWRITER CPU 000000 1240 1240 ZBM 01911 DRIVES IBM PRINTER/FEEDER 000020 1040 IBM DISPLAYWRITER CPU. TYPE AND !NTERFAM 000009 000000 1230 1230 eANGN AP40 CANON VP2000 WORD PROCESSOR 000000 1280 GE MOBILE 000000 000010 1500 1500 990,TAPE DRIVE IDP WHTESTONE II CPU SYS UPGRA 000020 1500 IDP MINIMEG 8MB CACHE MEMORY FUji DISK DRIVE 000000 000000 1500 1500 FUJI DISK DRIVE 000000 I500 .1500 WYSE VIDEO TERMINAL WYSE VlBEG TERIII14AL 000000 000000 1500 WYSE VIDEO TERMINAL 000000 1500 WYSE VIDEO TERMINAL VIBEG TERMINAL 000000 1500 1500 WYSE CENTRONICS 455 LINEWRITER 000000 1500 FUJITSU M2351A EAGLE DISK DRV VIDES TERMINAL 000000 000000 1500 1500 WYSE WV50 WYSE - WY50 VIDEO TERMINAL 000002 1210 EMULATION KIT 02910 EAGLE BISK DRIVE 098609 000000 1500 1215 FUjiTSU PANASONIC JETWRITER TYPEWRITER 0�00000�/0-'�" / ..,----',A4520 1219 ADDS CRT 6 KEY lN8 t ASCII_ _PRINTERF8R BIDS dandba" 000006 1110 MAA IBM SYS/2 PC COLOR DISPLAY 000006 1210 FRO-PRINTER-WHEELWRITER 000006 1277 SPEAKER ON FIRE TRUCK 000006 4 1285 PE100 PAGING ENCODER 000006 1500 WYSE VIDEO TERMINAL 000006 1500 WYSE VIDEO TERMINAL 000006 1500 WYSE VIDEO TERMINAL 1 1 PAGE 1 .---.-ASSET-VALUE---- SERIAL'NUMBER---C-OMMENT----•-RE£-FL OF ASSET -- -- - ' ---931 w50 _ -- 50994023- 1.624.00 0068047 CINDY 4II518e00 0062544 CINDY —.- - -- 595400- ----440503 ------ ---------- 1.036.75 PN88186 COMPUTER P 23,400.00 12-S12419- SURPLUS 2:00 00 - - - - ---- - 1,875.30 012013179 2t615e00 1372 5139-5 SURPLUS 2,525.00 3.848.00 6580-2600D SURPLUS 1#596.00 6360-2600D 2600D SPARE SURPLUS 1,596.00 1#291.00 6360 6360-26-00 JAN 3#312.00 6580-26-00 0-6 00 SPARE FR 1700 ip6ovfoo 4,511.00 6360 5218-11-00 FR 1700 2,318.80 6580-26-00 82027740 SPARE 1,065.93 1.564.00 E1201434V 608.00 5356513 STA 1 SURPLUS 6,525.00 14#000.00 599494 869 SURPLUS 11,050.00 M 1173 SURPLUS SURPLUS 13,875.00 13.875.00 29:725 29725 SURPLUS 600.00 14096 SURPLUS SURPLUS 600.00 600.00 52982 50636 SURPLUS 600.00 -0 47992 SURPLUS 864RPLUS 7,350.00 i3866 - 2306384 SURPLUS 15,375.00 JP 101120 SURPLUS SURPLUS 550,00 550.00 1078410 1078005 SURPLUS 400 FR 1210 SURPLUS 9,000.00 774.33 NOT vlSxBL FR 1285 AT - e00 324520 RYANWOOD LEFT G ER 08 .o0 8050256 400 2719849 000 CP1008 SCF STA 1 000 BACKROOM SURP6US 000 V838048 15815 SURPLUS 400 52978 SURPLUS .08 48618— SmP6d6 400 52996 SURPLUS 1 1 1 G 01/19/93 iitO3t28 PAGE 2 = e NUMBER NUMBER MONT CODE OF ASSET OF ASSET 008552 000006 1500 WYSE VIDEO TERMINAL .00 16054 SURPLUS • 008554 000006 00000;s 1:500 WYSE VIDEO TERMINAL .00 48623 SURPLUS0005w " a 008556 000006 1000 1500 wyt*t-- VIDEO I-ERMINAt WYSE VIDEO TERMINAL #00 .00 14346 SURPLUS SURPLUS . a 008564 000006 1500 WYSE VIDEO TERMINAL •00 48606 SURPLUS n a 009399 000006 1520 LINK DISPLAY TERMINAL AMBER •00 121485 RYANWOOD a 009994 000006 000006 1520 WYSE CRT 000 0331009343 RYANWOOD a %JJL%PJUZ J 4.00 8851430 KTRNWOUU n 010110 000006 1520 LATHEM TIME CLOCK 000 8851802 RYANWOOD a; 008985 000006 1600 DOUBLE FACE READ/STUDY CARRELL 000 NONE SURPLUS a 008969 000006 ;,.4$040 -;SCM XD 7000 ELECTRIC T/W •00 5LEF113533 OENEOLOGY m 008971 '7000006, %mosy 1640 SCM XD 7000 ELECTRIC T/W ,00 5LEF113532 MEDIA rz a 008974 wriocos 000006 1840 1640 Sum XD ?00 170 SCM XD 7000 ELECTRIC T/W too .00 mtEF112345 8324723 MEDIA MEDIA a 009642 000006 1640 SC—XD 7000 ELECTRIC T/W .00 1133433 ADMIN WORK " o r TOTAL 160.562.61 es s s ei >s a u >r � a a a a s n a o a a a49 ' a M e u . a 4 co O Cn OtlJ G7 :Tl I al - U PAGE 3 BER T -------RECD OF ASSET s • 9eJ@KH 21 5x580.00 6MD0159BWO NO TAG 12,746.00 9A319503 FROM 1390 tB48W t 2P8E— —F :; 28.000.00 CCE666V145 TANKER 30 20,667.00 F61DCL6193 STATION 4 2P47 900 STA 4 TOTAL 84,529.04 1 01/19/93 11203128 s As NUMBER SEQUENeE NUMBER FLEET MGNT. CODE OF ASSET 4 003713 r 000000 180 1120 1981 DATSUN NISSAN 1/2 TON a 003764 004383 000000 000000 174 204 1420 1981 MF DIESEL TRACTOR t0 008078 000000 556 1420. 1280 t982 1976 080SE Dt5O RAMeHARSER CHEVY TANKER to 008091 000000 518 1300 1971 FORD F600 TANKER al - U PAGE 3 BER T -------RECD OF ASSET s • 9eJ@KH 21 5x580.00 6MD0159BWO NO TAG 12,746.00 9A319503 FROM 1390 tB48W t 2P8E— —F :; 28.000.00 CCE666V145 TANKER 30 20,667.00 F61DCL6193 STATION 4 2P47 900 STA 4 TOTAL 84,529.04 1 � Fr - JA IV 0 _I BOOK 88 PAGE 636 C. Change Order and Final Pay Request for Sandridge Golf Club Well Contract The Board reviewed the following memo dated January 11, 1993: DATE: JANUARY 11, 1993 TO: MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR SUBJECT: FINAL PAY REQUEST AND FIN CHANGE ORDER FOR SANDRIDGE GOLF CLUB WELL NT T� FROM: BOB KOMARINET TOR OF GOLF BACKGROUND On May 12, 1992, the Indian River County Board of County Commissioners awarded the aforementioned project to Drilling Services, Inc. in the amount of $22,998.00. We have now completed this project and are ready to make final payment to the contractor. ANALYSIS The original contract amount for the project was $22,998.00. The proposed change order (see attached) decreases the contract amount by $'862.03 and was necessitated to facilitate proper Installation of the well. By approval of this change order, the contract amount is approximately 3.3% under the original awarded cost. The final contract cost is $22,133.97 RECOMMENDATION :. The staff of the Department of- Sandridge Golf Club recommends that the Board of County Commissioners approve the attached Change Order No. 1 and final pay request to Drilling Services, Inc. in the amount of $ 5,932.73. - ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Change Order No. 1 and final payment to Driveways, Inc. in the amount of $5,932.73, as recommended by staff. COPY OF CHANGE ORDER NO. 1 AND FINAL PAYMENT REQUEST ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 D. Vero Beach High School Boys' Golf Team Playing Privileges The Board reviewed the following memo dated January 14, 1993: DATE: JANUARY 14, 1993 TO: MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER, COUNTY SUBJECT: VERO BEACH HIGH S'C OOL' BO FROM: BOB KOMARINETZ DESCRIPTION AND CONDITIONS STRATOR GOLF TEAM PLAYING PRIVILEGES GOLF THE VERO BEACH HIGH SCHOOL BOYS GOLF TEAM ARE REQUESTING THE USE OF SANDRIDGE GOLF CLUB FOR THERE MATCHES AND PRACTICE SESSIONS FOR 1993. I HAVE ATTACHED A LETTER OF REQUEST FROM COACH WAYNE GRIFFITH. RECOMMENDATION STAFF RECOMMENDS THE BOARD OF COUNTY COMMISSIONERS APPROVE TO VERO BEACH HIGH SCHOOL BOYS GOLF TEAM THE USE OF THE FACILITIES AT THE SANDRIDGE GOLF CLUB. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved use of the facilities at the Sandridge Golf Club by the Vero Beach High School Boys' Golf Team, as recommended by staff. E. Final Payment to Links Design Inc. - Second 18 at Sandridge Golf Club. The Board reviewed the following memo dated January 15, 1993: DATE: JANUARY 15,.1993 TO: MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER, COUN ADMINISTRATOR .SUBJECT: LINKS DESIGN, INC. FROM: BOB KOMARINETZ4? TOR OF GOLF BACKGROUND Links Design, Inc. is under contract to design the second 18 at Sandridge Golf Club. The golf course is completed and they are requesting final payment for their services.. ANALYSIS The original contract was not to exceed the lesser of $169,704.00 or 8% of the construction cost and under Article #3 of contract -- Links Design was to be paid up $6,500.00 for travel expenses. The total original budget $176,204.00. L_ JAN 261993 BOOK 88 PAF; JAS 26 1993 BOOK 88 PAGE 38, The total construction cost was $2,059,098.00 (see attached Invoices) equaling $164,727.85. The total expense including travel was $5,165.73. The total amount paid and due to Links Design $169,893.58 which is 2.8% or $6,310.42 under original contract: Links Design has been paid to date $166,186.35. Staff recommends the Board of County Commissioner to approve the final payment of $3,707.23 to Links Design, Inc. (Per attached Invoice).— `. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved final payment in the amount of $3,707.23 to Links Design, Inc., as recommended by staff. COPY OF FINAL INVOICE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. A Resolution of Formal Acceptance of Utility Easements in Shady Oaks Subdivision The Board reviewed the following memo dated January 14, 1993: DATE: JANUARY 14, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO X DIRECTOR OF UTILI SERVICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF AS PROJECTS BY: DEPARTMENT OF ILITY SERVICES SUBJECT: A RESOLUTION OF FORMAL ACCEPTANCE OF UTILITY EASEMENTS IN SHADY OARS SUBDIVISION BACKGROUND On January 5, 1993, the Indian River County Board of County Commissioners approved Resolution I (93-4) and Resolution II (93-5), Which contained the preliminary assessment roll and set the date of the public hearing for the above -referenced subdivision. ANALYSIS In connection with the Department of Utility Services' installing water lines for the Shady Oaks Subdivision, it is necessary that the County formally accept the utility easements in accordance with the subdivision plat dedication. - The Department of Utility Services recommends that the Board of County Commissioners approve and authorize the chairman to sign the attached resolution accepting the necessary utility easements. 12 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution,93-20, formally accepting utility easements in Shady Oaks Subdivision, as recommended by staff. RESOLUTION NO. 93- 20 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING UTILITY EASEMENTS IN SHADY OAKS SUBDIVISION. WHEREAS, Indian River County is in the process of installing water lines in Shady Oaks Subdivision; and WHEREAS, in connection with this project, it is necessary for the County to install its water lines in certain . utility easements in Shady Oaks Subdivision, as recorded in Plat Book 10, Page 90, 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 Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman- thereupon declared the resolution duly passed and adopted this 26 day of January 1993. BOARD OF COUNTY COMMISSIONERS .-Attest: INDIAN RIVER COUNTY, FLORIDA -�- --- � - c.. By Richard N. Bird Jeffrey K. Barton, Clerk Chairman ' r 13 aooK JAN 261991 F.,�c :ski BOOK 88 F'AGE 640 G. Request for Floodplain Cut and Fill Balance Waiver for Beachside Subdivision. The Board reviewed the following memo dated January 18, 1993: To: James Chandler County Administratfl� THROUGH: James W. Davis, P. Public Works Direc and Roger D. Cain, P.E County Engineer FROM: David B. Cox, P. E.'W- Civil Engineer SUBJECT: Request for Floodplain Cut and Beachside Subdivision Fill Balance Waiver for DATE: January 18, 1993 _ CONSENT AGENDA DESCRIPTION AND CONDITIONS Knight, McGuire & Associates, Inc., on behalf of Legend Building & Drywall, Inc., developers -of Beachside Subdivision, is requesting a waiver of the cut and fill balance requirement of Section 930.07(2)(d) of the Stormwater,Management and Flood Protection Ordinance. Beachside Subdivision received preliminary plat approval by the Planning & Zoning Commission on October 22, 1992. The project is located on S.R. A -1-A in Government Lot 1, Section 34, Township 33 south, Range 40 east, adjacent to the south property line of Ocean Oaks Subdivision, approximately two miles north of the St. Lucie County line. The special'flood hazard areas inundated by the 100 year flood -on this site include Zones VE, AO and AE with base flood elevations of 15 and 5 FT. N.G.V.D. The ten year Stillwater elevation for the Indian River established in the May 4, 1989 F.E.M.A. Flood Insurance Study is 2.7 FT.N.G.V.D. The proposed displacement of the floodplain below 4.0 FT. N.G.V.D. for which a waiver is requested is estimated as 500 cubic yards by the applicant's engineer in the attached letter dated December 11, 1992.- ALTERNATIVES 992.- ALTERNATIVES AND ANALYSIS The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1. of being situated in an estuarine environment within the 100 year floodplain along the Indian River and in staff's opinion it appears- that all other Stormwater. Management and Flood Protection Ordinance requirements can be met without adverse impact on other lands in the estuarine environment. S.J.R.W.M.D. has received an application. for construction of the stormwater quality treatment system and indicated verbally that the plans should not require any substantial.redesign to be approved. Approval of the Land Development Permit is pending the cut and fill waiver request, issuance of S.J.R.W.M.D., F.D.0.T.I F.D.E.R. water and sewer, City of Vero Beach Utilities Construction, F.D.N.R. dune walkover, County Land Clearing and Tree Removal permits, and U.S.F.W.S. approval of the Beach Mouse habitat preservation plan. 14 Alternative No. 1 - Approve the cut and fill balance waiver request. Alternative No. 2 Deny the waiver request and require re -design to accomplish an on- site balance of cut and fill. Staff recommends approval of Alternative No. I, ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the request for floodplain cut and fill balance waiver for Beachside Subdivision, as recommended by staff. H. Award Bid #3041 - PC Computers - BCC The Board reviewed the following memo dated January 18, 1993: DATE: January 19, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, -County Admin strator- H.T. „Sonny" Dean, dMARI Director Department of General Servicdw FROM: Fran Boynton Powell, -Purchasing Manag SUBJ: Award Bid 03041/PC Computers Board of County Commissioners BACKGROUND INFORMATION Bid Opening Date: November 18, 1992 Advertising Dates: November 4, 11, 1992 Specifications Mailed To: Seven (7) Vendors Replies: Five (5) Vendors VENDOR BID TABULATION Vetrol Data Systems $ 81015.00 Vero Beach, FL Compuadd $ 8,257.09 Melbourne, FL Progressive Data $ 8,563.00 Vero Beach, FL Computer & Peripheral Warehouse $ 10,421.00 Deerfield Beach, FL Professional Computer Service $ 10,470.00 Vero Beach, FL 15 JAN 1993 BOOK 88F� ,F , eooK 88 642 TOTAL AMOUNT OF BID: $ 80015.00 SOURCE OF FUNDS: B.C.C. Operations Office Furniture and Equipment Account* BUDGETED AMOUNT: RECOMMENDATION: $ 8,833.00 Staff recommends that the bid be awarded to Vetrol Data Systems as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #3041 to Vetrol Data Systems for purchase of four PC computers for County Commission offices in the amount of $8,015.00, as recommended by staff. I. Release of Utility Liens The Board reviewed the following memo dated January 20, 1993: TO: BOARD OF COUNTY COMMISSIONERS AuL A )ftet� FROM: Lea R. Heller, CLA, County Attorney's Office DATE: January 20, 1993 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to Authorize the Chairman to sign them so that they can be recorded. They are as follows: (1) Satisfactions of Impact Fee Extension in the names of : BRANIGAN CRANE FLYNN ENGLAND FOLEY HOWARD JONES (LORETTA & SAMMIE LEE SR.) MURDOCK PHILLIPS SHERMAN REQUEST: The Board approve the documents and authorize the Chairman to sign them. 16 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the releases of utility liens as listed above. SAID SATISFACTIONS OF IMPACT FEE EXTENSIONS ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY J. Auproval of Out -of -State Travel - National Institute of Municipal Law Officers Midyear Seminar - Washington D.C. The Board reviewed the following memo dated January 20, 1993: TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: January 20, 1993 RE: NIMLO MIDYEAR SEMINAR - Washington, D.C. I request permission from the Board to attend the annual midyear meeting of the nation's county and city attorneys sponsored by the National Institute of Municipal Law Officers. The seminar is scheduled from April 18 through 20, 1993, and was included in our office's 1992-93 fiscal year budget. REQUEST: Board approval for County Attorney's attendance at this seminar. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized out-of-state travel for Attorney Vitunac to attend the annual midyear seminar of -the National Institute of Municipal Law Officers in Washington, D.C. from April 18 through 20, 1993. 17 BOOK 88 PAGE 643 JAN 261993 I JAN 26 1993 BOOK 88 PAGE 644 K. Approval of Out -of -County Travel for Commissioner Macht to Attend a Workshop on Environmentally Sensitive Land Conservation ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized out -of -county travel for Commissioner Macht and Environmental Planning Chief Roland DeBlois to attend a one -day workshop on environmentally sensitive land conservation in Orlando, Florida on March 4., 1993. PUBLIC DISCUSSION - VISIONS REPORT Eric Wetzig from the steering committee distributed copies of a report on the Visions workshop held October 9-10, 1992, in which about 150 County residents participated. Mr. Wetzig explained that the first portion of the booklet provides a general overview and the pages in the back provide detailed information in the form of copies of actual flip chart comments made by participants. Chairman Bird attended several of the preliminary sessions and was impressed by the tremendous number of intelligent, dedicated local people, representing a cross-section of the County, who volunteered their time on a weekend to participate in the workshop. He also praised County staff members for participating in the workshop on their own time and was impressed with the extent of staff's knowledge. Mr. Wetzig related that it was apparent from comments in the report that the participants felt the quality of employees of the County as well as municipalities within the County is outstanding. The uniform opinion was that the community is a place that has dedicated ated public servants who care about the communitY, even though g citizens may agree ' y gr a or disagree about individual decisions that are made. However, the overall view is that there is a need for growth and economic development. Chairman Bird asked Mr. Wetzig if the workshops will be held annually. Mr. Wetzig explained that the committee is eager to schedule another workshop but before doing so, they would like the Board . to review the report and make recommendations as to the focus of the next workshop. The initial workshop was broad-based and covered a lot of topics, and the committee would like to see the next workshop cover one or two specific areas in depth. Commissioner Tippin agreed that the next workshop should concentrate on specific areas, and he indicated that there is 18 enough information in the report to keep the Board busy for an extended period of time. Chairman Bird noted that the Visions report discusses a number of topics. Since individual Commissioners specialize in various facets of County government through the committees on which they serve, it would be appropriate for each Commissioner to read the report, see how the comments pertain to a particular committee, and share those thoughts with that committee. Commissioner Macht suggested that each Commissioner determine his or her areas of responsibility and notify the appropriate individuals as to when their committees meet. Interested persons could develop their input prior to the meeting and participate in the process. For example, participants who suggested setting up a children's council could attend the Children's Service Advisory Committee meetings, which are held once a month on a Thursday. Other examples are the Land Acquisition Advisory Committee and the Economic Development Committee. He noted that a number of participants requested that regular Board meetings be held during evening hours and be televised. This idea was previously voted down by the Board and probably warrants further discussion. He stressed that the Board needs to communicate to' the workshop participants that we appreciate their work, applaud their insight, and are ready to get to work on each of these items. He pointed out that a lot of the issues have already been addressed by the County. Commissioner Eggert commented that communication seems to be a problem because people are not aware of a lot of projects and activities currently under way in the County. Further, a statement was made in the Visions report that unincorporated areas are not represented when the purpose of the BCC is to represent unincorporated areas. She thought that it would be helpful if the Board had a list of the names of the participants on the various teams, and Mr. Wetzig indicated he could -provide that information to the Board. Commissioner Macht felt that the public also needs to be made aware of evening recreational programs that are available to youth, such as Teens United For Fun (T.U.F.F.). Other programs failed for lack of participation because the public was not aware of them. The Board needs to find ways to get information to the public. Mr. Wetzig noted that a workshop could be held for the purpose of communicating with the citizenry. 19 BOOK �� PGJA N 6 t ; BOOK 88 PAGE 646 -1 Chairman Bird thanked the workshop participants, accepted the report, and conveyed that the Board will take the information to heart, work with it and communicate back with the participants, and hopefully a lot of good will evolve out of it. COPY OF THE VISIONS REPORT IS ON FILE IN THE COUNTY COMMISSION LIBRARY PUBLIC DISCUSSION - AMERICANS WITH DISABILITIES ACT (ADA) SELF- EVALUATION PLAN Administrator Chandler commented from the following memo dated January 14, 1993: TO: Board of County Commissioners DATE: January14, 1993 FILE: Through: James Chandler � County AdministralEore Americans With Disabilities SUBJECT: Act ( ADA) Self -Evaluation Plan FROM:Asst yto coup y Admin. REFERENCES: The county is required by 28 CFR, Part 35, Section 35.105 to prepare a self-evaluation plan to evaluate the county's current services, policies, and programs to identify and correct those which do not comply with this law. All of the policies and programs that are inconsistent with the Act and subsequently identified in this plan must be corrected immediately with remedial action. In preparing this self-evaluation plan, county staff focused on the areas outlined In the ADA Title II Technical Assistance Manual. After the plan was prepared, the Administrator's office, as required by this federal law, conducted a public workshop to receive and take into consideration comments from disabled individuals and organizations and other interested citizens. A brief synopsis of the workshop Is Included in the plan. County staff recommends that the Board approve this self-evaluation plan and authorize staff to make additions, deletions, and clarifications to the plan as the need arises. Administrator Chandler reported that over the past year staff has developed various programs and procedures in order to conform with the requirements of the Americans with Disabilities Act (ADA). Randy Dowling, Assistant to the County Administrator, was named ADA coordinator, a transition plan was presented to the Board in Biu a � � September, and the plan is now being implemented. Lines of communication have been opened with various individuals and organizations. The final element necessary to conform to the requirements of the ADA is the Self -Evaluation Plan. Mr. Dowling and staff members from various departments prepared the self- evaluation plan and a public workshop was held on January 14 to present the plan to interested parties, and the plan is now being presented to the Board. The programs and policies will continue to be evaluated as part of an ongoing process. Chairman Bird announced that this is a public discussion item and asked if anyone wished to be heard. There being none, he closed the public discussion. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the ADA Self -Evaluation Plan and authorized staff to make additions, deletions, and clarifications to the plan as the need arises, as recommended by staff. PLAN IS ON FILE IN THE COUNTY ADMINISTRATOR"S OFFICE PUBLIC BEARING - BRADY OARS SUBDIVISION WATER SERVICE - RESOLUTION III The hour of 9:05 o'clock A. M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: 21 L_ JAN 26 1993 Boa 88 FAIJF 64.E J AN 2 6, 1993 B0®K 88 F•AGE 648 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press•Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the / Court, was pub. Ilshed in said newspaper In the Issues of 641 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this�. day o A.O. 19,�_ q -I, (Business Manager) / (SEAL) The NOTICE'""""' "• C=4 CMV*Wwm of Indian River � Provides notbe of PUBLIC NG SdedUled for 9:05 A.M. on Tuesday, January 28, 1993, to d�a,se a resolute relating to a S�PEtCvIAL ASSESS Urn PROJECT in Un River SHAG for the Installation of WATER SERVICE IN Y OAKS SUBDryI. SION (EAST OF 43RD AVENUE AND SOUTH OF OSLO ROAD) and Providing for special ass Dens to be made of record m Its M*001108 to be Anyone ft made May wish Iwo need eolsion m" to eymn veftft em at the Wpoeedlags wlti�testimony and evi�N wtich neft qVW Is based. Anyone who needs a(( sPedal aocammo tfoa for twi vWth DA) Cowdnitor at 567 8000, ExL 408, at 48 hotn in admm at the- Mae" Jan.1T,1s.1993 f'?'f"t 884430 Assessment Projects Manager James Chastain commented from the following memo dated January 12, 1993: DATE: JANUARY 12, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UTI I SERVICES PREPARED JAMES D. CHASTAA AND STAFFED MANAGER OF ASS PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SHADY OAKS SUBDIVISION WATER SERVICE PUBLIC HEARING - RESOLUTION III INDIAN RIVER COUNTY PROJECT NO. UW -92 -19 -DS BACKGROUND On January 5, 1993, the Indian River County Board of County Commissioners approved Resolution I (93-4) and Resolution II (93-5). Resolution I contained the preliminary assessment roll describing the project and cost. Resolution II set the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution I (93-4) was published in the Vero Beach Press Journal on January 11, 1993. (See attached agenda item and minutes of the above meeting.) 22 ANALYSIS Design of the water distribution system is complete. An informational meeting was held with the property owners on January 12, 1993. The project will serve 50 platted lots. Approval of the attached Resolution III will confirm and approve the preliminary assessment. The attached map displays the area to benefit from the assessment project. The total estimated cost to be assessed is $111,699.92. The projected cost per square foot is $0.084649. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. The staff of the Department of Utility Services recommends that the" Board of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-21, confirming the special assessments in connection with a water main extension to Shady Oaks Subdivision, east of 43rd Avenue and south of Oslo Road, and providing for special assessment liens to be made of record, as recommended by staff. RECORD VERIFIEd JEFFREY K. BARTON CLERK CIRCUIT COURT RESOLUTION NO. 93-1 INDIAN RIVER CO., FLA 23 BOOK 88 P `, G E 6T j A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN , EXTENSION TO SHADY OARS SUBDIVISION, EAST OF 43RD AVENUE_ AND SOUTH OF OSLO ROAD, AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. e d e N WHEREAS, the Board of County Commissioners of Indian River County th has, byResolutionNo. 93-4, adopted January 5, 1993, determined to make m •d ,y U special assessments against certain properties to be serviced by a water main extension of the County to Shady Oaks Subdivision, east of 43rd , 1 # vOr?. Avenue and South of Oslo Road; and 23 BOOK 88 P `, G E 6T j rp'--JAN 26 j993 BOOK 88 [Acr 650 RESOLUTION NO. 93- 21 WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published on January 11, 1993, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 93-5, on January 5, 1993, -which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Monday, January 11, 1993, and Monday,• January 18, 1993{ f,�y,(twice one week art the last being at least one week prior to the. hearing), as required by Section 206.06, -Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of 'County Commissioners of Indian River County on Tuesday, January .26, 1993;.at:.9:05 a.m. conducted.the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONXR8 OF INDIAN RIVER COUNTY, FLORIDA, as follows: --- 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties alseessed until paid in full. 24 2. The County will record the special assessments and this resolution, which describes the properties assessed and 'the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 26th day of January, 1993. r`4. -Jef $rey 'K : * E a _ton, Clerk ' r=�tar.c' s':'.'';.'• �� r. x �t•`' � / 1/ 1. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY/ Richard N. Bird Chairman RESOLUTION WITH ASSESSMENT ROLL ATTACHED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD REQUEST FOR APPEAL OF TERMINATION BEFORE THE BOARD BY FORMER EMPLOYEE JOHN HALOUIST The Board reviewed the following memo dated January 20, 1993: 25 A 2 99 BOOK �� F,,� 651 Ali 93 JAS 26 19�e� BOOK 88f'AGr 65.2., TO: Board of County Commissioners DATE: January 20, 1993 FILE: SUBJECT: John Halquist Appeal aures E. Chandler FRO •County Administrator REFERENCES: Attached is a request for a Board hearing of an appeal of a employee termination. At the January 26, 1993 meeting, it is requested the Board set a date and time for the hearing. Administrator Chandler estimated that the hearing will take approximately three hours. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously set a hearing date of February 3, 1993 at 9:00 A.M. for the appeal of the termination of John Halquist. APPROVAL OF RENEWAL OF UPS CONTRACT WITH EPE TECHNOLOGIES INC. FOR E911 CENTER The Board reviewed the following memo dated January 13, 1993: TO: Board of County Commissioner`s FROM: Doug Wright, Director Department of Emergency Services DATE: January 13, 1993 SUBJECT: Approval of Renewal of UPS Contract with EPE Technologies, Inc., for E911 Center It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The service agreement with EPE Technologies for scheduled and remedial maintenance for the uninterrupted power supply (UPS) equipment at the E911 Communications Center is due for renewal at this time. The company has fulfilled contract commitments over the 26 past year and service has been very satisfactory. No failure of the equipment has been experienced and staff feels this is largely due to the preventative maintenance program provided in the contract. Funding for renewal of the contract was budgeted in this fiscal year in the amount of $7,822. This figure includes the final payment of $1,500 for the spare parts kit which is on site. ALTERNATIVES AND ANALYSIS: ' The spare parts kit is beneficial to the county is that needed repairs on the UPS system could be completed on site quickly without having to wait for parts to, be flown in from one of the company parts depots. RECOM11ENDATION : Staff recommends the Board of County Commissioners approve renewal of the EPE Maintenance Agreement in the amount of $7,822 which includes the final payment of $1,500 on the spare parts kit. Staff also recommends that the Board authorize the Chairman to execute the necessary documents to formalize the agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the renewal of the maintenance agreement with EPE Technologies, Inc., in the amount of $7,822, which includes a final payment of $1,500 on the spare parts kit, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APPROVAL OF RESOLUTION RELATED TO ANIMAL CONTROL• AMENDING THE FEES, PENALTIES AND PROCEDURES RELATED TO ENFORCEMENT OF THE ANIMAL CONTROL ORDINANCE The Board reviewed the following memo dated January 13, 1993: 27 JAN 2 6 -1993 ROOK 88 PAGE 6 53 I JAN 2s 1993 TO: Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: January 13, 1993 SUBJECT: Approval of Resolution Related to Animal Control; Amending the Fees, Penalties and Procedures Related to Enforcement of the Animal Control Ordinance BOOK 88 PAGt 654 -7 It is respectfully requested that the information contained herein be given formal consideration by the Board• of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS The fees, penalties and procedures established in Resolution 92-74 have been revised in two areas of the proposed resolution now before the Board for consideration. The first proposed change is in Section 2, subsection c, entitled "Redemption Penalties in addition to Impoundment Fees," the first offense has been changed to a non -fee basis or a waiver. This change is predicated on a request by Animal Control and the Humane Society in an effort to enhance our outreach programs to help educate pet owners to be responsible for their pets. The second proposed change is not really a change, but rather a correction. When Resolution 92-74 was prepared, the redemption penalty fee amount specified in Section 21 subsection c, was incorrectly transcribed. These fee amounts were correctly stated in Resolution 91-57 approved by the Board on May 7, 1991, and these are the same amounts that are requested -for approval now by the Board. The correct redemption penalty amounts should be $15.00 for the first recognized offense; $30.00 for a second offense; and $60.00 for any third or subsequent offense, rather than the incorrect amounts of $30.00, $60.00, and $100.00 respectively. ALTERNATIVES AND ANALYSIS The Division of Animal Control and the Humane Society feel the change proposed regarding the waiver for the first offense in terms of redemption penalty charges will help to educate the pet owners to maintain control of their pets and not allow them to roam at large. It will allow for only an impoundment fee to be charged for first offenders without an additional redemption penalty. It is felt that charging both for first offenders would escalate the civil penalty to the point that some citizens might not be financially able to retrieve their pets from the Humane Society. --- RECOMMENDATION Staff recommends the Board of County Commissioners approve the proposed Resolution which provides for a redemption penalty fee waiver for first offenders and provides the correct amounts of $15.00, $30.00, and $60.000, in terms of redemption penalties for first, second and third or subsequent offenses, after an initial waiver has been granted. 28 a � � ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-22, amending the fees, penalties and procedures related to the enforcement of the animal control ordinance, as recommended by staff. RESOLUTION 93-,2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING THE FEES, PENALTIES AND PROCEDURES RELATED TO THE ENFORCEMENT OF THE ANIMAL CONTROL ORDINANCE. WHEREAS, the Board of County Commissioners has from time to time established certain fees, penalties and procedures related to the enforcement of the Animal Control Ordinance, and WHEREAS, the redemption penalties from impounded animals may be financially burdensome to many owners; and WHEREAS, a reduction of the current penalty by 50% with a waiver of the penalty for the first offense will mitigate this burden and result in more effective licensing procedures. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: I. The fees, penalties and procedures established in Resolution 92-74 are hereby superseded by this Resolution. 2. The fees, penalties and procedures are revised as follows: a. Licensing Fees 1. Female or male, dog or cat, initial or renewal license, not sterilized -- $10.00 per year. 2. Female or male, dog or cat, initial or renewal, sterilized -- $5.00 per year. 3. Half price to be assessed for issuance of any Initial license issued for six months or less. 4. All renewals shall be at full price per category. 29 JAN 26 1993 BOOK 88 FAGS 655 BOOK 88 FACE 656 -1 5. Additional late charge for licensing after date required by law -- $5.00. 6. Fee for issuance of duplicate license tag -- $3.00 7. There is no fee required for an animal license for the year in which the animal is sterilized. 8. There is no license fee required for police dogs (sheriff and municipal police departments) , sight assisting dogs and hearing assistance dogs; however, said dogs are required to be licensed. 9. All licensing fees are to be paid to the Department of Emergency Services, Animal Control Division of Indian River County, Florida. b. Impoundment Fees $5.00 per diem or part thereof for all animals. C. Redemption Penalties in addition to Impoundment Fees First Offense Wavier Second Offense $15.00 Third Offense $30..00 Fourth Offense and subsequent offenses $60.00 d. Impoundment fees and redemption penalties shall be paid during business hours at the Office of the Clerk of the Circuit Court, Indian River County Courthouse, 2145 14th Avenue, Vero Beach, Florida. Impoundment and redemption penalties shall be paid during non -business hours at a location to be designated by the Animal Control Director. e. An owner shall pay all actual expenses or fees Incurred for which the County has obligated itself for additional care for quarantine or veterinary services as an impoundment fee, at time of redemption of the animal. 30 f. Rabies vaccination prepayment fee for redemption shall be $15.00 per animal. g. Civil Penalties for violation of the Code: ( See attached Exhibit "A") h. All fees, penalties, charges and expenses shall be paid prior to release of an animal from an impoundment facility. The resolution was moved for adoption by Commissioner Macht and the motion was seconded by Commissioner Adams : and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 26 day of January , 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By // Richard N. Bird Chairman Attest Jeffrey K. Barton, Clerk - f y lljk� l 6 e tIXIA ;� C 31 JAN 26 1993 BOOK 88 FA.cE 65.7 BOOK 88 PAGE 658 DEFERRED COMPENSATION Administrator Chandler presented the following memo dated January 19, 1993: To: James Chandler, Date: January 19, 1993 County Administrator From: Jack Price, PersonnelQ�_L Sub: Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indian River County has provided a deferred compensation plan (aka "457 plan") since early 1988 through -The International City Management Association Retirement Corporation (ICMA). Currently 46 employees are participating in this plan through payroll deduction. Costs to Indian River County are limited to those resulting from processing the deductions and distributing information about the plan. In October, 1992 ICMA asked that the agreement be modified and updated as detailed in the attached information. Please recommend that the Board of County Commissioners authorize the Chairman to proceed with executing this contract for Indian River -County. Thanks for -your assistance. -- Administrator Chandler explained that this is a renewal of the deferred compensation plan agreement with The International City Management Association Retirement Corporation (ICMA). Although the wording was changed somewhat, there were no material changes to the agreement. Employee participation in the plan is strictly voluntary. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the modifications and renewal of the contract with The International City Management Association Retirement Corporation on the deferred compensation plan, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 32 ® r � TRAFFIC SIGNALIZATION DESIGN AT US1/37TH STREET INTERSECTION The Board reviewed the following memo dated January 12, 1993: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Traffic Signalization Design at US1/ 37th Street Intersection DATE: January 12, 1993 FILE: 37stdez.agn DESCRIPTION AND CONDITIONS To add an additional westbound left turn lane at the Barber Avenue (37th St)/US1 intersection, expansion and possible redesign of the existing traffic signalization is required. The County's Consulting engineers-K.F. Lenz Company, has submitted a proposal to design the needed improvements for a design fee of $3,500. ALTERNATIVES AND ANALYSIS AT the present. time, the Traffic Engineer position is vacant. The alternatives are as follows: _ Alternative #1 Approve the attached proposal/work order for design services at a not -to -exceed fee of $3,500. Alternative #2 Deny approval of the proposal and design the project with County staff. The project will be delayed approximately three months until a Traffic Engineer can begin employment and concentrate on the project. RECOMMENDATIONS AND FUNDING Staff recommends approval of Alternative #1 whereby H.F. Lenz Company be retained to design the signalization improvements for a design fee of $3,500. Funding to be from Account # 111-214-541-066.31. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved proposal/work order for design services from H. F. Lenz Company at a not -to -exceed fee of $3,500, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 33 L_ JAN 26 1993 BOOK 88 mGE 65 MOM BOOK 8S PAG- �l® 3RD ANNUAL CITRUS SUNRISE BICYCLE CLASSICIROTARY CLUB OF VERO BEACH The Board reviewed the following memo dated January 12, 1993: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Jeanne Bresett Traffic Coordina. SUBJECT: 3rd Annual Citrus Sunrise Bicycle Classic Rotary Club of Vero Beach REF LTR: Letter of Request to James E. Chandler from Jim Thompson, dated 12/22/92 DATE: January 12, 1993 DESCRIPTION AND CONDITIONS The Rotary Club of Vero Beach is planning the 3rd Annual Bicycle Classic. The 100 mile, three lap bicycle race is scheduled for April 3, 1993. (A separate series of shorter races will be held on private roadways within Grand Harbor on Sunday, April 4, 1993.) The race of 100 miles will begin and end at the Vero Beach Senior High School. The proposed route is the exact same route as the previous years and the racers will cover the following route three times: 1) 16/17th Street @ Vero Beach Senior High School over 17th Street Bridge to SR AlA. 2) North on SR AlA to CR 510 3) West on CR 510 to 58th Avenue 4) South on 58th Avenue to Oslo Road 5) East on Oslo Road to 20th Avenue 6) North on 20th Avenue to Vero Beach Senior High School (16th Street) This route proved to be very successful in the previous years. The moving envelop of bike racers will be ushered by an official lead vehicle, a Sheriff's car, emergency vehicles, race official vehicles, Indian River Shores Police vehicles and City of Vero Beach Police vehicles. Members of the "HAM" operators- organizations, Vero Beach High School ROTC units, and uniformed Rotary Club members will be stationed all along the route to ensure visual and radio contact and positive traffic control at all times. The race is scheduled to begin at approximately 8:00 AM and will be concluded between 11:00 and 11:30 AN. 34 Also, a separate request has been made that is new to this 3rd Annual event. The Sunrise Rotary Club of Vero Beach is requesting permission to close Oslo Road just west of 74th Avenue, to 82nd Avenue & 82nd Avenue to just South of 5th Street SW on the same day of the race, April 3, 1993 from 1:00 PM to 5:00 PM for a 1 1/2 to 3 mile time trial. Indian River County Traffic Engineering Division personnel will supply the proper barricades and will ensure the safe and efficient closing and opening of Oslo Road. a great deal of advanced media publicity will be employed to inform all citizens of the race. ALTERNATIVES & ANALYSIS - The request for approval from the Indian River County Board of County Commissioners to hold the 3rd Annual Sunrise Bicycle Classic on Saturday morning, April 3, 1993 and to close Oslo Road as proposed above on Saturday afternoon, April 3, 1993 is the proposal before the Board at this time. RECOMIENDATIONS & FUNDING Staff recommends that the Board of County Commissioners approve these requests based upon the success of the last two years events and the fact that the exact same route (with the exception of the closure of Oslo Road) and procedures are to be followed this year. Liaison activities will be maintained between the race committee, Indian River County Sheriff's Department, City of Vero Beach Police Department and Indian River County Traffic Engineering. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the request of The Rotary Club of Vero Beach to hold the 3rd Annual Bicycle Classic on April 3, 1993, as recommended by staff. 35 JAN 26 1993 bou 88 FnE 661 BOOK 88 PAu 662 MISCELLANEOUS INTERSECTION IMPROVEMENTS. PHASE III - KIMBALL -LLOYD. INC. RELEASE OF RETAINAGE The Board reviewed the following memo dated January 18, 1993: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Roger D. Cain, P. County Engineer SUBJECT: Miscellaneous Intersection Improvements, Phase III Kimball -Lloyd, Inc. Release of Retainage DATE: January 18, 1993 Kimball -Lloyd, Inc. has a Professional Services Agreement for the design of several intersections for Indian River County. Over the last two years these intersections have been completed, except for one intersection, 43rd Avenue and 41 st Street, which is still under design and has right-of-way acquisition involved The following intersections were included in the Miscellaneous Intersection Improvements Phase III Contract: 1. 43rd Avenue and 45th Street 2. 43rd Avenue and 26th Street 3. 43rd Avenue and 12th Street 4. 43rd Avenue and 8th Street 5. 20th Avenue and 8th Street 6. 43rd Avenue and 41 st Street At the present time, work is complete on all but 43rd Avenue and 41 st Street, which is approximately 80% to 90016 complete. Since Kimball -Lloyd, Inc. has completed all of the other intersections in this contract, they have requested that the retainage on those intersections be released according to the attached sheet showing the value of the contract broken down among the intersections. To date the county has paid $66,765.15 on the contract, which has an adjusted contract total including Amendments 1 through 3 of $82,258.50. The consultant is claiming that the value of the work done so far on this contract is $76,886.55 and the county concurs with that claim. lye county would also agree that since the other intersections have been completed and have been constructed, or substantially constructed, that the engineer is entitled to receive the retainage on the amount of the completed intersections. 36 Chairman Bird asked if there are any plans to shorten the duration of the signals at 26th Street and U.S. 1, and Director Davis explained that the County was not involved in setting it up because it is a City signal. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously approved the release of the retainage to Kimball -Lloyd, Inc. in the amount of $5,391.39 on • the completed intersections, and retain 10% of the amount on the uncompleted 43rd Avenue and 41st Street value of the contract, as recommended by staff. REGIONAL LANDFILL LIFT STATION CHANGE ORDER NO. 1 The Board reviewed the following memo dated January 14, 1993: DATE: JANUARY 14, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI Y SERVICES PREPARED WILLIAM F. AND STAFFED_ CAPITAL S ENGINEER BY: DEP AR UTILITY SERVICES SUBJECT: REGIONAL LANDFILL LIFT STATION CHANGE ORDER NO. 1 INDIANRIVER COUNTY PROJECT NO. US -90 -15 -CS BACKGROUND On September 15, 1992, the Indian River County Board of County Commissioners approved a contract with GBS Excavating, Inc., for the construction of the above -referenced project (see attached agenda item and minutes). Due to changes in the project requirements initiated by the landfill staff, several modifications to the design have been made (see attached change order balance exhibit). ANALYSIS The original contract amount was $81,230.00; the proposed change order is for a reduction of $7,500.00. Approval of this change order will lower the contract amount to $73,730.00. Please also note there is no contract time change associated with this change order (see attached change order). RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Change Order No. 1 with GBS Excavating, Inc., for a contract reduction of $7,500.00. 37 6 1993BOOK 88 PAGE 663 Fr'_ JAN 2 6 I3 BOOK 88 Fars 664 -7 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Change Order No. 1 with GBS Excavating, Inc., for a contract reduction of $7,500.00, as recommended by staf f . CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PROPOSED CHANGE ORDERS - CONSTRUCTION OF CR -512 COMMERCIAL NODE - WATER AND WASTEWATER The Board reviewed the following memo dated January 14, 1993: DATE: JANUARY 14, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES PREPARED WILLIAM F. cCAIN AND STAFFED_ CAPITAL PR C INEER BY: DEPAR UTILITY SERVICES SUBJECT: PROPOSED CHANGE ORDERS - CONSTRUCTION OF THE C.R. 512 COMMERCIAL NODE - WATER AND WASTEWATER SERVICE IRC PROJECT NUMBERS: US -92 -24 -CS AND UW -92 -23 -DS BACKGROUND On August , 1992, the Indian River County Board of County Commissioners approved the design and construction of master -planned water and sewer lines to the intersection of C.R. 512 and *I-95 (commercial node). (See attached agenda item and minutes.) The project is currently in the permitting stage with DER and is on schedule. (See attached cost summary and schedule.) ANALYSIS As can be seen from the attached schedule, if standard bidding and construction procedures are utilized, construction could not begin until March 30, 1993 at the earliest. With a 120 -day construction time, this process could be shortened by ± 3 months if change orders to existing contracts were utilized. The original cost estimates for the water and sewer service, respectively, were $684,720.00 and $250,000.00. We feel that negotiated change orders to the existing contracts (which terminate at the beginning of this project, see attached maps) with Boyce Company (water) and Owl and Associates (sewer) would save the County both time and money. We have negotiated the change order costs (see attached) as follows: Sewer Water 38 $195,223.00 $435,743.02 Both of these amounts are substantially below our original estimates. The Utilities Department requests authorization to proceed with these change -orders as outlined above to expedite the construction of this project. RECOMMENDATION The staff of the Department of Utility Services requests approval of the attached change orders as outlined above from the Board of County Commissioners to proceed with construction of these projects. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Change Order No. 1 with Boyce and Company in the amount of $435,743.02, and Change Order No. 2 with Owl & Associates, Inc. in the amount of $195,223.00, as set forth in staff's recommendation. CHANGE ORDERS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER MAIN REPLACEMENT - PINEVIEW PARR 8/D, RIVENBARK S/D, AND 15TH AVENUE, WORK AUTHORIZATION NO. 7 The Board reviewed the following memo dated December 30, 1992: DATE: DECEMBER 30, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TFJUWCE G. PINTO DIRECTOR OF UTILIeIMIRVICES PREPARED TERRY H. DRUM 1#P AND STAFFED ENVIRONMENTAL SPECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER MAIN REPLACEMENT - PROJECT NO. 1 PINEVIEW PARR SUBDIVISION, RIVENBARK SUBDIVISION, AND 15TH AVENUE INDIAN RIVER COUNTY BID NO. 91-113 INDIAN RIVER COUNTY PROJECT NO. UW -92 -18 -DS WORK AUTHORIZATION NO. 7 BACKGROUND On August 6, 1991, the Board of County Commissioners approved the award of the labor contract bid to Driveways, Inc., Bid No. 91-113. (See attached minutes.) The Department of Utility Services proposes to use this labor contract to replace the distribution system within the above subject area. This is in response to the continuing problems of rusting and low pressure with the existing galvanized water lines. 39 JAN 26 1993 800K 88 FACE 665 BOOK 88 FACE 666 On July 7, 1992, the Indian River County Board of County Commissioners approved three surveying proposals from Masteller, Moler and Reed to obtain data for the following projects: Project No. 1 - Pineview Park Subdivision and Rivenbark Subdivision Project No. 2 - Cooks Subdivision, Glen Acres, and Ixora Park Subdivision Project No. 3 - Vero Mall vicinity, Ridgewood Subdivision, South Side Park Subdivision vicinity, and Casa Rio Subdivision vicinity Surveying has been completed, and Project No. 1 is designed for construction. Project No. 1 is comprised of the replacement of existing 2 -inch galvanized water main with approximately 950 linear feet of 4 -inch PVC water main and 6000 linear feet of 2 -inch PVC water main. ANALYSIS The cost of the labor to construct the 4 -inch and 2 -inch PVC water mains under the labor contract is $89,606.44 (see attached Work Authorization No. 7 with Driveways, Inc.). The pipe, valves, and fittings will be supplied by the County at a cost of $16,684.08. In-house engineering, inspection, and administration costs are estimated to be $10,630.00. The construction of these replacement water lines is -a part of a continuing effort by the Department to replace galvanized water lines in Indian River County. Funding for this project will be from renewal and replacement funds. The staff of the Department of Utility Services recommends that the Board of County Commissioners execute the subject agreement, which approves Work Authorization No. 7 to construct Project No. 1 with Driveways, Inc., for the amount of $89,606.44 to replace an estimated total of 6950 linear feet of water main and authorizes expenditure of $27,314.08 for materials and in-house support, for a total project cost of $116,920.52. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved Work Authorization No. 7 with Driveways, Inc. in the amount of $116,920.52, as recommended by staff. WORK AUTHORIZATION NO. 7 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 40 REVIEW OF OCCUPATIONAL LICENSE TAX Assistant County Attorney Terry O'Brien commented from the following memo dated January 7, 1993: TO: James E. Chandler, County Administrator FROM: Terrence P. O'Brien, Assistant Co ty Attorney-Tfa Joseph A. Baird, Budget Directo DATE: January 7, 1993`�j RE: Review of Occupational License Tax I. Background Indian River County has for a number of years imposed an occupational license tax on businesses and professions doing business in the County. In the 1974 edition of the Indian River County Code this tax was set forth in Chapter 15 "Licensing and License Tax". A new code edition was begun and Chapter 15 became Chapter 207. The transition to the new Code was largely editorial; however, there appeared to be areas where the tax was not equal. Professional corporations and partnerships paid an occupational license tax as well as the individual or individuals who made up the corporation or partnership. In the case of the real estate agents they were not required to pay an occupational license tax because they lacked the same independence as a lawyer or other professional in that they are required by law to work for a broker. These matters were addressed by the Board of County Commissioners previously. However, the Board of County Commissioners directed the staff to review, in depth, the entire occupational license tax area and report back. II. Statutory and Operational Background Counties and municipalities are authorized by the "Local Occupational License Tax Act" (Chapter 205 F.S.) to charge a fee for the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction. This fee is unrelated to any fee or license paid to any board, commissioner or officer for permits, registration, examination or inspection which are regulatory in nature. The occupational license tax fee is in addition, but not in lieu of, any regulatory fee. A fee or tax may be imposed for the purpose of regulation or revenue. When the purpose is regulation, the fee should include the expense of issuing the license, the cost of' necessary inspection and surveillance connected with the business or profession licensed, and all incidental expenses that are likely to be imposed upon the public in consequence of the business or profession licensed. When the purpose the license tax payment gives the right to carry on the profession without any further condition. It may include precedent such as a state license for a lawyer, doctor, broker, and other such regulatory licensed activities. 41 is revenue, business or a condition real estate JAN 26 1993 BOOK 88 RGE 667 J r JAN 261993 BOOK 88 Pmu,E 668 Occupational license taxes established pursuant to the authority contained in the "Local Occupational License Tax Act" ( Chapter 205 F . S .) are strictly for revenue purposes and have no regulatory function. The imposition of these revenue taxes usually occurs at both the County and municipal level. For example, an attorney practicing law in the City of Vero Beach must pay to the City of Vero Beach an occupation license tax of $35.00 and must pay to Indian River County an occupational license tax of $30.00. The distribution of this tax is often overlooked when considering the efficacy of such a tax. In ' the example given, the City of Vero Beach retains the entire $35.00 that it collects. The $30.00 collected by the County must be apportioned between the unincorporated area of the County and the incorporated municipalities, including the City of Vero Beach, located therein by a ratio derived by dividing their respective populations by the population of the County. The general perception appears to be that the City retains its $35.00 and the County retains its $30.00. When the reality of the situation is that the County is imposing this tax for the benefit of the municipalities as well as the County. In effect, the municipalities are taxing the citizens twice, once through the municipal tax and by sharing the County's tax. III. Revenue Generated by the County Tax 1. Total Revenue for the year ending 91/92: 2. Cost of Collection: 3. Net Revenue: 4. Distribution: a. Unincorporated Area b. City of Vero Beach C. City of Sebastian d. City of Fellsmere e. Town of Indian River Shores f. Town of Orchid IV. Areas of Disparate Treatment $213,644.93 $ 2,741.66 Q16;9036 a 7 $1349341.49 $ 579699.00 $ 109099.00 $ 4,140.43 $ 4,473.72 $ 149.55 Under Chapter 205 F.S. any tax shall be based on reasonable classifications and shall be uniform throughout any class. The following categories and the tax associated therewith do not appear to meet this criteria. Section 207.24 Circus, Traveling Shows, Tents & Side Shows $225 1 each day Section 207.25 Traveling Medicine Shows $75 Section 207.28 Dance Halls $225 3 Section 207.30 Fortune Tellers, Clairvoyants $300 Section 207.37 Pawnbrokers $337.50 Section 207.39 Permanent Exhibits $225 1 May operate a side show for $30.00 each side show Plus the fee in Section 207.24 if there is entertainment 3 One night only $150 42 V. Comparison of Ordinance The staff has reviewed the ordinancre I of St. Lucie County, Brevard County, Martin County, City of Vero Beach. The Ordinances are essentially the same some have very high taxes like theactivities in IV above. The similarity is, of course, dictated by the . requirements of Chapter 205 F.S. The tax itself will differ from jurisdiction to jurisdiction because the taxes in place on October 1, 1971 are the benchmark for the present day tax figures. VI. Recommendation 1. The activities set forth in IV be taxed at the same rate as retail businesses $30.00 2. No other changes are recommended to the occupational license tax at this time. Attorney O'Brien advised that it is probably unconstitutional to charge some entities more than others. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously authorized staff to reduce the tax on the activities listed in the above memorandum to $30.00, the same rate charged retail businesses, as recommended by staff. INFORMATION REGARDING HERITAGE VILLAGE MOBILE HOME PARR COURT ORDER Attorney Vitunac presented the following memo dated January 22, 1983: TO: BOARD OF COUNTY COMMISSIONERS �1 FROM: Charles P. Vitunac, County Attorney DATE: January 22, 1993 RE: HERITAGE VILLAGE MOBILE ROME PARR Last Wednesday Terry Pinto, Harry Asher, and I represented Indian River County at a motion for temporary injunction filed by Heritage Village Homeowners' Association asking the court to prohibit the Utilities Deaprtment from cutting off service to tenants with overdue bills. The hearing lasted approximately five hours, and Judge Ranarek kindly stayed into the evening hours to finish the hearing on an emergency basis. 43 JAN 261993 BOCK 88 FAIL r JAN 261993 BOOK 88 FACE 670 Attached is the order of the Judge which holds that Indian River County may proceed to collect unpaid utility bills by its normal procedure, i.e., if the Heritage village bills are not paid by Monday, January 25, 1993, at 5:00 p.m., then the County Utility services Department may proceed to disconnect service from those units which have not paid. The Judge has required no bonds or escrow accounts and this matter will be treated in the same manner as other County customers are treated. The attorney for the homeowners telephoned me and indicated that the vast majority of the residents would be paying their over -due bills on Monday, January 24, before the turn-off date. Pursuant to the motion from the Board, amounts owing the County from May, 1992, up to November, 1992, need not be paid to avoid a service disconnection. These amounts will continue to accrue penalty and interest costs and must be paid by the loser of the lawsuit between MLH Properties and the Heritage Village homeowners when that is determined. Attorney Vitunac distributed a copy of Judge Kanarek's order dated January 22, 1993 to the Board and related that this was a victory for the County's policy of treating everyone the same in turning off meters when their bills were overdue. Commissioner Eggert asked, and Attorney Vitunac advised that all the residents of Heritage Village Mobile Home Park received proper notice and have paid their utility bills. Chairman Bird congratulated Attorney Vitunac and the other staff members who were involved in this for a job well done. No action from the Board was required. TREASURE COAST REGIONAL PLANNING COUNCIL REPORT Commissioner Tippin reported that Commissioner Adams and he recently attended several Treasure Coast Regional Planning Council (TCRPC) meetings and concluded that there is too much layering of state bureaucracy. For example, TCRPC staff recommended denial of a Comprehensive Plan amendment that was previously approved by the Board. Their reason for recommending denial was that the subject property is located midway between Vero Beach and Sebastian, and they thought it would create unfair competition for those municipalities which are attempting to develop commercial areas. Commissioners Tippin and Adams objected, and the TCRPC staff's recommendation was denied. Commissioner Tippin gave another example of some proposed improvements in Fort Pierce Harbor. The TCRPC voted the improvements down 11-7, after St. Lucie County spent two years of planning. Commissioner Eggert commented that she has had very deep feelings about this ever since she chaired the TCRPC about three years ago when the new Comprehensive Plan was being developed. It was necessary for everyone from outside Palm Beach County to attend the meetings in order to get fair treatment. Commissioner Eggert 44 felt that the TCRPC is too strong and has gotten out of hand, and that it is unduly influenced by Palm Beach County. Commissioner Adams conveyed that it is frustrating to listen to the misinformation. Indian River County has good staff that gives the Board the information it needs to make decisions. The TCRPC staff hands out a packet that includes only information supporting their position. Commissioner Eggert related that when the TCRPC staff is challenged in an open meeting, they provide more complete information. Commissioner Macht felt that most of the TCRPC staff's efforts are directed towards empire -building and wondered if the people in our county know that we are required to make a direct contribution of $36,000, in addition to money they receive from the State. Commissioner Adams mentioned that their travel expenses are astronomical. On top of that, TCRPC staff members recommended denial on the proposed rezoning north of Ocean Spray without even visiting the site, which Commissioner Adams thought was totally irresponsible. Further discussion ensued, and -the Board members agreed that the TCRPC is an expense to the County that serves no useful purpose and ought to be dismantled. Commissioner Macht related that State Representative Charles Sembler agrees that it ought to be dismantled. Commissioner Eggert felt that if the State does not dismantle the TCRPC, Palm Beach County should be removed from the group because it is too powerful and the smaller counties are unable to compete. The Board discussed the possibility of returning authority to review Developments of Regional Impact (DRI) back to counties, and Attorney Vitunac advised that when he went to the meeting in Jacksonville last month and asked the speaker on the DRI issue whether there were any plans to eliminate the regional planning councils, the speaker begged off on the issue. However, everybody in the audience started applauding, so apparently it is a state- wide feeling. Community Development Director Bob Keating reported that he received a copy of the Environmental Lands Management Study (ELMS III) report to the TCRPC. The report contained 174 specific recommendations. Although it does not recommend completely disbanding the regional planning councils, it recommends revising their responsibilities and eliminating DRI by 1995 for counties with populations over 100,000, and counties with populations under 100,000 would be given the option of using or not using the DRI. 45 JAN 26 �9�� - BOOK 88 PAGE671 r JAM 2619�'� BOOK 88 FAGr 672, Regional planning councils would no longer be regulatory bodies and would have no authority to set level of service standards or other binding criteria on local governments. The Advisory Committee on Intergovernmental Report (ACIR) also reviewed regional planning councils, which fall under the sunset law. The ACIR and the ELMS III both recommended that regional planning councils not be sunset, but that their duties and responsibilities be changed. Commissioner Bird felt that diluting their responsibilities will not reduce their staff by even one person, and we still will have the money -gobbling monster that we have today. Commissioner Macht stressed that this session of the legislature will be dealing with this topic so we really need to act as soon as we can. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Adams, that the Board write to all of our state representatives and all the committee members who are dealing directly with this issue and say we are very concerned about the regulatory power of the Treasure Coast Regional Planning Council, that we think it is not properly handled and we can do a much better job working with neighboring counties, as we already do, and we would like to see regional planning councils either sunset or if they are not sunset to at least give up their regulatory power to local government and separate us from Palm Beach County. Under discussion, Commissioner Macht emphasized that we should not be forced to associate with Palm Beach County because we have nothing in common with them. Chairman Bird directed Attorney Vitunac to get together with Commissioner Eggert in preparing an appropriate letter. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 46 EMERGENCY SERVICES DISTRICT Chairman Bird announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Emergency Services District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:15 A.M. ATTEST: J. Barton, Clerk Richard N. Bird, Chairman 47 d JAN 26 1993 BOOK 88 PAGE 673