HomeMy WebLinkAbout5/4/1993MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, MAY 4, 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) James E. Chandler, County Administrator
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams (Dist. 1) Charles -P. Vitunac, County Attorney
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht (Dist. 3) Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. 1. CALL TO ORDER
2. INVOCATION - Rev. Richard Speck
Unitarian Universalist Fellowship of V.B.
3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
7.L. Authorization for appropriate staff to attend
symposium on sick buildings
13.c. Presentation regarding Pelican Island Wildlife
Refuge
13.E. National Association of Telecommunications
Officers and Advisors (NATOA) Cable Conference
Report
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of March 9, 1993
7.
B. Regular Meeting of March 16, 1993
CONSENT AGENDA
A.
Release of Utility Liens
(memorandum dated April
27, 1993)
B.
Release of Utility Liens
( memorandum dated April
27, 1993 )
C.
Release of Utility Liens
(memorandum dated April
27, 1993)
D.
Release of Utility Liens
( memorandum dated April
26, 1993 )
E.
Release of Utility Liens
( memorandum dated April
26, 1993 )
PAGE
MAY 4 1993 BOOK 89 Fht�
r MAY 41993
-7 g
BOOK p9 FAGE 16
7. CONSENT AGENDA (contd.):
F.
Cancellation of Outstanding Taxes
Property Purchased for County
Use
( memorandum dated April 27,
1993 )
G.
Release of County Assessment Liens
( memorandum dated April 26,
1993 )
H.
Award Bid #3089 / *31st Aver
SM. Pinewoods
Estates Water Main
(memorandum dated April 26,
.1993)
I.
Indian River County Courthouse Project
Change Order No. 2
(memorandum dated April 26,
1993)
J.
Purchase Authorization; Oslo
Road R -O -W
Acquisition, Lynn S Barbara
Brooker, Parcel #115
(memorandum dated April 26,
1993)
K.
Purchase Authorization; 41st
St. - R -O -W
Acquisition, Tobin Parcel, I.R. Blvd. Ph. IV
(memorandum dated April 26,
1993)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA PROVIDING FOR AN ALTERNATE FOR
MUNICIPAL EX OFFICIO MEMBERS OF
COMMISSIONS AND BOARDS
10. COUNTY ADMINISTRATOR'S MATTERS
None
f
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
1. Award Bid #3072 / Central Region Effluent
Reuse/Disposal Project
( memorandum dated April 26, -1993 )
11. DEPARTMENTAL MATTERS (cont'd. ):
C. GENERAL SERVICES (cont'd.):
2. Award Bid #3074 / Oslo Road / Vista
Force Main and Pumping Stations
(memorandum dated April 22, 1993)
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. City of Vero Beach - 10th Ave. Widening -
Request for Traffic Impact Fees - Dist. 5
( memorandum dated April 26, 1993 )
2. Purchase Authorization; 45th St. R -O -W
Acquisition, Kennedy Two Parcels, I.R.
Blvd., Phase IV
( memorandum dated April 28, 1993 )
3. 14th Street Paving U.S. 1 to 7th Ave.
( memorandum dated April 12, 1993 )
H. UTILITIES
Indian River Farms R -O -W Lease Agreements
Permits IRC -1, IRC -2, IRC -3, and IRC -4
( memorandum dated April 20, 1993 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
MAY II p t9 UQU11 89 FmjY
t 4
MAY 41993 BOOK ®9 pp Ar QQ
f �E �10
13. COMMISSIONERS ITEMS (cont'd. ): —
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL
DISTRICTS
A. EMERGENCY SERVICES DISTRICT
1.
Approval of Minutes - Meeting of 3/23/93
2.
Initial Remedial Action Report E Addi-
tional Expenses Related to Soil Removal
to Complete Station #3 Cleanup to Comply
with the Dept. of Environmental Regulation
( memorandum dated April 26, 1993 )
B. SOLID WASTE DISPOSAL DISTRICT
1.
Property Purchase
(memorandum dated April 29, 1993)
2.
Recycling Video - Selection of Production
Company - RFP 3067
( memorandum dated April 21, 1993 )
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.
Tuesday, May 4, 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, May 4, 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.
Rev. Richard Speck of the Unitarian Universalist Fellowship of
Vero Beach gave the invocation, and Commissioner Tippin led the
Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDAZEMERGENCY ITEMS
Commissioner Macht requested the addition of Item 7.L.,
authorization for appropriate staff to attend a symposium on sick
buildings.
Commissioner Adams requested the addition of Item 13.C.,
presentation regarding Pelican Island Wildlife Refuge.
Commissioner Macht requested the addition of Item 13.E.,
report on the National Association of Telecommunications Officers
and Advisors (NATOA) Cable Conference.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, 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 March 9, 1993. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board approved the Minutes
of the Regular Meeting of March 9, 1993 as written.
MAY 4 1993
BOOK 89 PAGE419
r MAY a mi
BOOK 89 PAGE 4
.20
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of March 16, 1993. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Regular Meeting of March 16, 1993 as written.
CONSENT AGENDA
Commissioner Eggert requested that Item I be removed for
discussion.
A. Release of Utility Liens
The Board reviewed the following memo dated April 27, 1993:
TO: BOARD OF COUNTY q0MMISSIONERS
4eA,
�.
FROM: Lea R. Keller, CIA, County Attorney's Office
DATE: April 27, 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 so that they can be
recorded. The names and projects are:
1. Courtside Water Project:
SCHUBERT
2. Phase I Water Project:
LIPFERT
ypMBARDO
LUNDEEN
MacDONELL
MASON (4)
MCARTHUR
MCGOWAN
MEAKIN
MELTON
MILES
MIXELL
MOLINARI
MOODY
MYERS
NILES
NOVAK
NUZIE
OTTMAN
PACE
PAUTZKE
PELLONI
OLLIS
PARKER
RESTEGHINI
RICHARDS
RITCHIE
ROMAN
SCHMIDT
SCRAGG
SEE
SESAN
SOASH
SOr NFJtFROIND
SPRUTH
SPRINKLE
SREBOT
STEPHENS
SUNQUEST
TABLER
2
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
releases of liens, as listed in staff's memorandum.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
B. Release of Utility Liens
The Board reviewed the following memo dated April 27, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Sandy Wright, County Attorney's Office
DATE: April 27, 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 so that they
can be recorded. The names and projects are:
1.
Phase I Water Project
ADAM/FAIR
THOMPSON
CARMAM
TUMMOND
CONSALO (2)
VOLLMER
COSENTINO/PANTANO
WADDELL
GARBERS
WADDELL
INGRASSIA
WALBRIDGE
RAHLD
WARE (2)
LANGLOIS (2)
WEIR
MARTIN
WEST
PARKER
WHITE
PURVIS, JR.
WHITE
SCHEIRER (2)
WIGHT, JR.
SCHMACHER
WINKLE
TALBOT
WUJCIK
TEMPLETON
YARINA
THATCHER/QUAY
YATES
THOMAS
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
releases of liens, as listed in staff's memorandum.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
3
00K U9 F,rlrll421
M11 ��
p
F", -MAY 4 1993 BOOK 89 FAGS 422
2
C. Release of Utility Liens
The Board reviewed the following memo dated April 26, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: April 27, 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 so that they can be
recorded. The names and projects are:
1. Rockridge Sewer Project:
HOUSENICK
2. Phase I Water Project:
FRESHLEY
FRIESON
GILMAN
HMR PROPERTIES
HAMLIN (2)
HANNINEN
HARP
HASTINGS
HENDLEY
HURST
HYATT
JENKINS
JOHNSON
JOHNSON
KEATING
KENNEDY
KENT
KING
KUC H%LA
KUEHN
LANDERS
LANG
LANGE
LAPRE
LAW
LIOTTA
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
releases of liens, as listed in staff's memorandum.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
4
D. Release of Utility Liens
The Board reviewed the following memo dated April 26, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Sandy Wright, County Attorney's Office
DATE: April 26, 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 so that they
can
be recorded. The names and projects are:
1.
Phase I Water Project
ABERNATHY
DANIELS
ASHTON
DAVIDSON
BALRO
DEAN
BEDFORD
DILUCENTE
BINNS
DIXON
BOYD
EDDY (2)
BRUNO
ELLIOTT
BURGESS
ESPOSITO
BYRNE
FINN
CAMELIO (2)
FLANAGAN
CAPALSO
CARPENTER
FRANCHINI
CARTER
CHRISTMAN
CHUDZINSRI
2.
Citrus Gardens
DALICANDRO
3.
State Road 60 Water Project
RINGSWOOD WEST, INC.
4.
Shady Oaks Water Project
BRYANT
5.
U.S. #1 Sewer Project
SNAPP
6.
U.S. #1 Water Project
SNAPP
7.
Courtside Subd. Water Assessment
BROWN, JR.
S.
Wood Hollow Water Assessment
LENT
[.1
MAY 4 1993 BOOK 89; PAGE 423
MAY 4199±
p ,0
BOOK S9 fAGE 4�4
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
releases of liens, as listed in staff's memorandum.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
E. Release of Utility Liens
The Board reviewed the following memo dated April 26, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Sandy Wright, County Attorney's Office
eo
DATE: April 26, 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 so that they
can be recorded. The names and projects are:
1. Phase I Water Project
APARICIO
PEARSALL
CANNON
PHILLIPS
CARDEN
PRINCE/RODGERS
CORBO
RICHMOND
DOHERTY
RYBARZ
DUNCAN
SAMMONS
ENIX
SCHOLZE
EUBANKS
SCHUELKE
GERMANO, SR.
SCHIEMKE (2)
HELFER
SLUZENSKI
HILL
SMITH/SCOTT
HORN
SOMOGYI/WAYBRIGHT
KNAPP
SPOOR
KWASNIEWSKI
STEPHENSON
LEPORE/BURNSIDE
STILES
LORENZEN
TRENNEPOHL
MACLEOD
TURNER
MCCUNN
VIOVODE
MECKE
WAHSBURNE
MOWERY (2)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
releases of liens, as listed in staff's memorandum.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
6
F. Cancellation of Taxes - Property Purchased for County Use
The Board reviewed the following memo dated April 27, 1993:
TO: BOARD OF• COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: April 27, 1993
RE: CANCELLATION OF OUTSTANDING TABES
PROPERTY PURCHASED FOR COUNTY USE
The County has recently acquired rights-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax
Collector.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-84, 93-85 and 93-86, cancelling taxes
upon publicly -owned lands, as recommended by staff.
Re: R/W on Indian River Blvd.
RESOLUTION NO. 93-. 84
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES ' UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or. the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
7
MAY 4 1993 BOOK 89 PAGE `t�5
MAY 4 1993
BOOK 89 PAGAN
RESOLUTION NO. 93- 64,,_
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 969, Page 2351, which was recently acquired by Indian River
County for right of way purposes on Indian River Boulevard, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner F QQPr t
and -the motion was seconded by Commissioner Tjpoin_, 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 4 day of M a y , 1993.
Attest:
I: �VlrQ�
JeffreyK. Barton Clerk p
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
A�Z' -
8
Richard N. Bird
Chairman ,
im
Re: R/W on Indian River Blvd.
RESOLUTION NO. 93-_U
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.28, FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 967, Page 625, which was recently acquired by Indian River
County for right of way purposes on Indian River Boulevard, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner T i p p i n , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin A y e
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 a_ day of M a v , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
tt t: z��i�=fes
By
Ridfiard N. Bird
Jeffry
K. Barton, C rk A C Chairman
N.
BOOK 8 [.&,F '
r__
AY
BOOK 89 FacE 4?8
7
Re: R/W on Indian River Blvd.
RESOLUTION NO. 93-_86
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.289 FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 967, Page 629, which was recently acquired by Indian River
County for right of way purposes on Indian River Boulevard, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner F a a Pyr t
and the motion was seconded by Commissioner T i p p i n , and, upon being
put to a vote, the vote was as follows:
.Chairman Richard N. Bird A y e
Vice Chairman John W. Tippin A y e
Commissioner Carolyn K. Eggert A y e
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 4 day of May , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
Byi�
Ri and N. Bird
Jeffrey K. Barton, C rk Chairman t
10
G. Release of County Assessment Liens
The Board reviewed the following memo dated April 26, 1993:
TO: The Board of County Commissioners
FROM: Nancy H. Mossali - County Attorney's Office
DATE: April 26, 1993
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS
A routine form of Release has been prepared for Assessment Project No. 9043
(paving and drainage improvements to 101st Avenue between 87th Street and
C.R. 512 in Vero Lakes Estates Subdivision) to release paid assessment
Hens* from the below listed properties:
° Lots 9 & 10, Block L, Vero Lake Estates Subdivision, Unit H
° Lots 1 & 2, Block F, Vero Lake Estates Subdivision, Unit H-1
° Lots 3 & 4, Block K, Vero Lake Estates Subdivision, Unit H=1
It is requested that the Board authorize the Chairman to execute said
Release.
Back-up information for the above is on file in the County Attorney's Office.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized releases of county assessment liens, as
listed in the staff's memorandum.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
H. Award Bid #3089 - 31st Ave. S.W. Pinewoods Estates Water Main
The Board reviewed the following memo dated April 26, 1993:
11
MAY 4 1993 BOOK 89 FnE 429'
MAY 419,43�ooK
FA
�30
,E
DATE: April 26, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
As
Department of General Servi
Purchasing Manager?T
FROM: Fran Boynton Powell,
SUBJ: Award Bid 13089/31st Avenue S.W, Pinewoods
Estates Water Main
UW-92-40-DS
BACKGROIIND•INFORMATION:
Bid Opening Date:
April 21, 1993
Advertising Dates:
April 7, 14, 1993
Specifications Mailed to:
Twenty Two (22) Vendors
Replies:
Three (3) Vendors
V ' WOR
BID TAB
Treasure Coast Contracting
$ 17,086.66
Vero Beach, FL
Timothy Rose Contracting
$ 20,286.00
Vero Beach, FL
Driveways, s Inc
$ 20, 861.50
Titusville, FL
TOTAL AMOUNT OF BID:
$ 17,086.66
SOURCE OF FUNDS: Utilities General - Impact Fees
BUDGETED AMOUNT:
$ 20 594.75
RECONMENDATION:
Staff recommends that the bid
be awarded to Treasure Coast
Contracting as the lowest, most responsive and responsible
bidder meeting specifications
as set forth in the Invitation
to Bid.
In addition, staff requests the Board's approval of the
attached Agreement when all requirements are met and
approved as to form by the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid 13089 in the amount of $17,086.66 to Treasure
Coast Contracting, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
12
I. Indian River County Courthouse Project - Chante Order No. 2
The Board reviewed the following memo dated April 26, 1993:
CONSENT AGENDA
DATE: APRIL 26, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERV S
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
CHANGE ORDER NUMBER 2 - JAMES A. CUMMINGS, INC.
BACKGROUND:
A Change Order to the Courthouse Project was necessitated due to the
following:
Item #1: Contract Pre -Award Clarification Items
1. Concrete Turnout at City Parking Lot
(Required by City of Vero Beach) $ 947.00
2. Delete wire mesh reinforcing in sidewalk
within City Right -Of -Way (240.00)
3. Miscellaneous Electrical Items 21045.70
Overhead and Bond 152.09
SUBTOTAL $ 21904.79
Item #2:
1. Changes in Doors and Mechanical as
required by Fire Marshall $ 7,085.87
2. Add Handicap Water Cooler 747.25
SUBTOTAL $ 7,833.12
Item #3:
1. Two abandoned water wells discovered on
site required to be closed in compliance
with applicable codes. $ 1,092.00
TOTAL $11,829.91
The new contract price will be $12,431,679.00
RECOMMENDATIONS:
Staff recommends approval of Change Order Number 2 as outlined above
and request authorization for the Chairman to execute the documents.
13
MAY 4 1993 BOOK 89 FAGS q
BOOK 89 rut
Fr' -MAY � 1�� 432 -7
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
Change Order No. 2 in the amount of $11,829.91, as
recommended by staff.
CHANGE ORDER NO. 2 ' ' PLACED ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
J. Purchase Right -of -Way - Oslo Road - Brooker Parcel
The Board reviewed the following memo dated April 26, 1993:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director C,
and 1Terry B. Thompson, P.E�
Capital Projects Manager
FROM: 3>Bonald G. Finney, SRA
County Right of Way Agent
SUBJECT: Purchase Authorization; Oslo Road Right -of -Way Acquisition, Lynn & Barbara
Brooker, Parcel #115
DATE: April 26, 1993
The county plans to widen and signalize the intersection of Oslo Road and Old Dixie Highway.
Additional right-of-way is needed from Parcel # 115 on Oslo Road from one of the original families
that settled in Vero Beach.
The 171 square foot, CG zoned, property is in line with other CG zoned parcels which were
appraised at $1.50 per square foot. There are no attorneys' or other fees.
Staff requests the Board accept the $257.00 contract and direct the chairman to execute the contract
on the Board's behalf.
14
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized purchase of right—of—way from Lynn &
Barbara Brooker in the amount of $257.00, as
recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
K. Purchase Right—of—Way — Indian River Boulevard Phase IV — Tobin
Parcel
The Board reviewed the following memo dated April 26, 1993:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Terry B..Thompson. P.F.,-
Capital Projects Manager
�rr-^ •
FROM: � Donald G. Finney, SRA CONSENT AGENDA
County Right of Way Agent
SUBJECT: Purchase Authorization; 41st Street Right -of -Way Acquisition, Tobin Parcel, Indian
River Boulevard, Phase IV
DATE: April 26, 1993
Indian River County is planning to widen and pave 41st Street east of U.S. Highway #1 to Indian
River Boulevard, Phase 4. This parcel is at the intersection of the Boulevard at the northeast corner
on 41 st Street.
The construction of this portion of 41st street is included in the contract that has been awarded to
Dickerson Florida, Inc. Mr. Tobin originally executed the contract at $36,490. Mr. Tobin has
agreed to sell at $15,000, and has executed the Contract For Sale And Purchase. There are na
attorney's fees or Realtor fee. The appraised value for the RS -1 zoned .286 acre right-of-way
property is $11,183.00. In addition the owner has agreed to a temporary construction easement.
Staff requests the Board accept the $15,000 contract and direct the chairman to execute the contract
on the Board's behalf.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized purchase of right -of way from Richard W.
Tobin, Jr. and Karen Tobin in the amount of $15,000,
as recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
15
JMAY 41993 BOOK
r MAY 4 1993
BOOK 89 PAGE 434 -7
L. Authorization to Attend Symposium on Sick Buildings
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized appropriate staff to accompany
Commissioner Macht to the symposium on sick
buildings in Auburndale, Florida on July 13-16,
1993.
PUBLIC HEARING - ORDINANCE PROVIDING FOR AN ALTERNATE FOR MUNICIPAL
EB OFFICIO MEMBERS OF COMMISSIONS AND BOARDS
The hour of 9:05 A.M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
-// 1-.- ,
a
L in the matter of 4 &
in the / Court, was pub-
lished in said newspaper in the issues Oi u
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 of A.D. 19 ': 3
la
/ t
rt (Busines(,Manager)
(SEAL)
-
-
16
The Board of NUT=
�s of Indian
room of a
Pt�c Hearing sdtetkiled for 9:D5 aman Tuesday,
May d, 1993, to d smm the Nowng proposed ar-
dnarxw entftled:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA PROVIDING
r FOR, AN ALTERNATE FOR MUNICIPAL
Ex OFFICIO MEMBERS OF COMMIS-
SIONS AND BOARDS.
Anyone who may wish m any decision which
may be moo at to Rdft993,
wM
need toro a e a�verbaft record m the
e wa+which PMc08dhgS Is t;ew►�, dmorry end
Anyone who needs 8 spec�I based.
this rr�eflnp naty ppnla �neno�ti� for
with D dies ACt (ADA) Cowdv� at $S7 gppp
ext. 408 at least 46 notes In advance of meeting.
April 16,1993 992317
. 'w -
a
807
Considerable discussion ensued regarding the definition of the
word "ex officio" and it was determined that although the common
perception is that ex officio means "non-voting," the legal
definition of the term is "by the power of the office alone" and
applies to both voting and non-voting members of committees.
Commissioner Macht emphasized that the purpose of the proposed
ordinance is to allow ex officio members of various committees to
send alternates when they are unable to attend meetings. The
alternates would have the same voting authority as the ex officio
members. He felt that it was important to make certain the County
and municipalities are adequately represented.
After further discussion, the Board decided to remove some
wording in the ordinance stating that the alternates "shall
represent ... the consensus views of the governing body of that
municipality" because it is not enforceable.
Chairman Bird led discussion about changing the wording of the
ordinance to permit representatives of organizations as well as
government entities to send alternates to meetings.
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.
Because there were a number of changes in the wording of the
ordinance, Attorney Vitunac suggested continuing the public hearing
until next week, and staff can bring the new wording back to the
Board for approval at that time.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously continued
the public hearing until 9:05 A.M. on May 11, 1993
and directed staff to present the amended ordinance
to the Board for approval at that time.
AWARD BID #3072 - CENTRAL REGION EFFLUENT REUSEIDISPOSAL PROJECT
The Board reviewed the following memo dated April 26, 1993:
17
MAY 4 1993 Boos 89 PAu 435
Fr
MAY 4 ff93
BOOK 89 rnE4.36 -7
---------------------------------------------------------
DATE: April 26, 1993
TOs BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. -Sonny" Dean, Director
Department of General Services
ip
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 03072/Central Region Effluent
Reuse/Disposal Project - Utilities Dept
--------------------------------------------------------
BACRGROUND INFORMATIONs
Bid Opening -Date:
Advertising Dates:
Specifications Mailed to:
Replies:
Speegle Construction
Cocoa, FL
Prince Contracting
Palmetto, FL
Butler Construction
Rockledge, FL
Sheltra & Son
Indiantown, FL
Phillips & Jordan
Mulberry, FL
C.J. Lagenfelder
Baltimore, MD
Cavo Development
Miami, FL
T9 -AL AMOUNT OF BIDS
March 17, 1993
February 24, March 3, 1993
Forty Sin (46) Vendors
Seven (7) Vendors
DID TAB
$1,713,000.00
$1,831,714.00
$1,937,296.40
$1,973,841.80
$2,388,103.05
$2,433,150.00
$2,457,226.00
$1,713,000.00
SOURCE OF FONDSs Utilities General - Impact Fees
BDDGETED AMOUNT: $1,737,219.00
Staff recommends that the bid be awarded to Speegle
Construction as the lowest, most responsive and
responsible bidder meeting specifications as set forth in
the Invitation to Bid.
In addition, staff requests the Boards approval of the
attached Agreement when all requirements are met and
approved as to form by the County Attorney.
Chairman Bird led discussion about pre -qualification of firms,
and Administrator Chandler assured the Board that bidders are
always pre -qualified on specialized projects.
18
Commissioner Macht asked, and Administrator Chandler
confirmed, that budgeted amounts are based on the estimates of
construction engineers.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously awarded
Bid #3072 in the amount of $1,713,000.00 to Speegle
Construction, as recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
AWARD BID #3074 - OSLO ROAD/VISTA FORCE MAIN AND PUMPING STATIONS
General Services Director Sonny Dean presented the following
memo dated April 22, 1993:
---------------------------------------------------------
DATE: April 22, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator -
H.T. "Sonny" Dean, Director
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 13074/Oslo Road /Vista Force Main and
Pumping Stations - Utilities Department
---------- ------------------------- ----------------------
BACRGROUND INFORMATION:
Bid Opening Date: March 10, 1993
Advertising Dates: Feb 9, 16, 23, March 2,1993
Specifications Mailed to: Forty -Six -(46) Vendors
Replies: Three (3) Vendors
VBNDOR
Speegle Construction
Cocoa, FL
Schopke Construction
Melbourne, FL
Tri -Sure Corporation
Auburndale, FL
SAL AMOUNT OF BID:
BID TABULATION
$487,000.00
$554,000.00
$717,624.00
$487,000.00
SODRCS OF FONDS: Utilities General - Impact Fees
P49-610
• �
$500,000.00
19
MAY 4 1993 BOOK 09 N�GUE43
SAY 4 1993
BOOK 89 i,afE 438
Staff recommends that the bid be awarded to ape le
Construction as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid. In addition, staff requests the Board's
approval of the attached Agreement when all requirements are
met and approved as to form by the County Attorney.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously awarded
Bid 13074 in the amount of $487,000.00 to Speegle
Construction, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
CITY OF VERO BEACH REQUEST FOR FUNDS - 10TH AVENUE WIDENING PROJECT
Public Works Director Jim Davis presented the following memo
dated April 26, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director IVY
SUBJECT: City of Vero Beach.- 10th Avenue Widening -
Request for Traffic Impact Fees - Dist. 5
REF. LETTER: Dale A. Bathon, Asst. City Engineer,
to Jim Davis dated April 19, 1993
DATE: April 26, 1993
DESCRIPTION'AND CONDITIONS
The City of Vero Beach Engineering Department has received bids for
three lane widening of 10th Avenue between 17th Street and US 1.
The programmed improvement will result in added capacity to a City
Collector Road. The City budgeted $330,000 for the construction,
however, the contract amount is $399,856.39. To fund the
approximate $70,000 shortfall, the City is requesting a $100,000
allocation from the District 5 Traffic Impact Fee Fund (Balance as
of 3-31-93 is $500,907).
ALTERNATIVES AND ANALYSIS
The projects to be funded with District 5 Traffic Impact Fees in
the next 18 months include the following:
Estimated Cost
Old Dixie Highway Widening
17th St to 12th St
Widen to three lanes 1996 $350,000
� � r
43rd Ave Widening
26th St to 12th St. 1996 $500,000
Widen Main Relief Canal to
5 lanes - widen portions of road
to 3 lanes
Subtotal
$ 850,000
10th Ave. Widening 100,000
TOTAL $ 950,000
District 5 - Current Balance $500,907.99
Projected Revenue by 9-94 440,100.00
(based on past four year average) $941,007.99
RECOMMENDATIONS AND FUNDING
Based on the past four years average yearly revenue, it appears
that planned improvements can proceed if the District 5 funds are
approved for 10th Avenue. Staff recommends, however, that $70,000
be allocated at this time to cover the existing shortfall of
$69,856.39, and if additional funds are needed for unforeseen
costs, staff will evaluate a future request for funding. Funding
to be from Dist. 5 Traffic Impact Fee Fund 101-155 in the amount of
$70,000.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the allocation of $70,000 from the
District 5 Traffic Impact fee Fund, as set forth in
stafffs recommendation.
RIGHT-OF-WAY PURCHASE - 45TH STREET - KENNEDY GROVES PARCELS
The Board reviewed the following memo dated April 28, 1993:
TO:
James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Terry B. Thompson, Pff-11�
Capital Projects Manager
FROM:-Dkb�onald G. Finney, SRA
County Right of Way Agent
SUBJECT: Purchase Authorization; 45th Street Right -of -Way Acquisition, Kennedy two
parcels, Indian River Boulevard, Phase IV
DATE: April 28, 1993
Indian River County is planning to widen and pave 45th Street east of U.S. Highway #1 to Indian
River Boulevard, Phase 4. The two parcels are the largest parcels to be purchased and there remains
one last parcel to acquire.
21
MAY 4 1993 ` BOOK 8G11 4 AAE 439
pp
MAY 4 1993 BOOK O9 FAGF 440
Mr. Kennedy has executed the contract and agreed to sell one parcel at the appraised value. He has
executed the other contract and agreed to sell at 11% above the appraised value.
The appraised value for the RM -6 zoned, .29 acre right-of-way property is $20,300 and the
appraised value of the RM -6, 1.55 acre parcel is $69,750. There are no attorney's fees or Realtor
fee.
Staff requests the Board accept the $20,300 contract and $77,500 contract and direct the chairman
to execute the contracts on the Board's behalf.
Public Works Director Jim Davis commented that the seller
originally wanted a lot more money for the parcels. Staff was able
to negotiate the purchase of the 1.29—acre parcel at the appraised
value. However, the seller is adamant that the 1.55—acre parcel is
worth $77,500.00.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized purchase of right—of—way from Kennedy
Groves in the amount of $20,300.00 for the 1.29—acre
parcel and $77,500.00 for the 1.55—acre parcel, as
recommended by staff.
PAVING OF 14TH STREET BETWEEN U.S.1 AND 7TH AVENUE
Public Works Director Jim Davis presented the following memo
dated April 12, 1993:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director 7 *W7
FROM: Roger D. Cain, P.E. '
County Engineer
SUBJECT: loth Street Paving US 1 to 7th Avenue
DATE: April 12, 1993
The County Attorney's office recently concluded the purchase of 25 feet of additional right of way
along the north of the Southgate Mobile Home Paris south of 14th St. This right of way to the
Council on Aging and to the various businesses along this drive such as the furniture store on the
south, and the printing shop on the north is in very poor condition and drainage is poor to non -
existent. The Dependable Dodge auto dealership north of 14th St. entered into an agreement to
improve the intersection with US 1 for an offset to a portion of their share of future paving
assessments. Also, it was agreed as a condition of purchase that Southgate Mobile Home Park
would not be assessed due to lack of access to 14th Street.
22
ALYM
This location has been a candidate for years as a possible special assessment paving project. The
advantages are obvious in that a more easily maintainable road would be constructed reducing
county maintenance costs. There are some concerns, not immediately evident, however, that staff
has in respect to the paving of this road. The following alternatives are presented.
A ternative 1: First the safety of motorists using this to access US l is paramount. There does not
seem to be enough traffic using this drive to ever warrant a traffic signal. As a result all maneuvers
will be made without assignment of right of way onto US 1 making left turns difficult onto to US
1. An alternative would be to allow right turns only on to US 1 and require left turns to go to 6th
Ave then to a street with a signal to turn left more safely.
Alternative 2: Another possibility is to pave this road and improve the drainage from US 1 to 6th
Ave. but to also close the road to through traffic at a point east of the drive to the print shop. This
would limit the amount of traffic accessing US 1 at this location, but would not provide good access
to the Council on Aging.
Alternative 3: Another possibility is to make this road-way a one way east street thereby causing
all traffic to go east to 6th Ave. to exit to US 1. The one way concept has an advantage in that the
street would not have to be as wide to serve one way traffic as to serve two way traffic. This would
fit better in the limited right of way and make it much easier to provide drainage and to obtain St.
John's River Water Management District Permits, while still maintaining access to all properties
along 14th. It has a disadvantage in that commercial traffic will be routed along 6th Ave.
RECOMbdEhIDATION AND FUNDING _
Staff recommends Alternative 1 with funding by special assessment, a portion of the cost will be
paid by the benefiting property owners, and the remainder by the County. The estimated cost of this
improvement if constructed by County forces is approximately $40,000.00.
Commissioner Tippin commented that this road desperately needs
improvement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
Alternate 1 for the improvements to 14th Street
between 6th Avenue and U.S. 1 at a total cost of
$40,000.00, set forth in stafffs recommendation.
RIGHT—OF—WAY LEASE AGREEMENTS — INDIAN RIVER FARMS WATER CONTROL
DISTRICT
The Board reviewed the following memo dated April 20, 1993:
23
MAY 4 1993 BOOK FACE
r MAY 4193
BOOK 89 FAGE 442 -7
DATE: APRIL 20, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI ERVICES
PREPARED WILLIAMF. IN
AND STAFFED CAPITAL S ENGINEER
BY: DEPAR F UTILITY SERVICES
SUBJECT: INDIAN RI ARMS RIGHT-OF-WAY LEASE AGREEMENTS
]PERMITS IRC -1, RC -2, IRC -3, AND IRC -4
BACKGROUND:
We are intending to utilize Indian River Farms Water Control District
right-of-ways for the following transmission mains:
1.
Vista Force Main and Lift Station
IRC
Project
No.
US -92 -16 -CS
2.
West Regional Force Main
IRC
Project
No.
US -90 -15 -CS
3.
North County Wastewater Treatment
Plant Effluent Disposal
IRC
Project
No.
US -90 -27 -DC
4.
Oslo Road West Force Main
IRC
Project
No.
US -90 -19.1 -CS
The Utilities Department will be required to pay a lease fee on these
right-of-ways, as described in the attached agreements.
ANALYSIS:
The annual lease fee on the requested right-of-ways is as follows:
1. IRC -1 $ 155.00/year
2. IRC -2 151.00/year
3. IRC -3 1,206.60/year
4. IRC -4 255.66/year
Total: $1,768.26/year
We are now requesting the Board of County Commissioners' signature on
the attached agreements so that the project construction may begin.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners authorize the Chairman to execute all
the attached proposed lease agreements with Indian River Farms Water
Control District.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
right-of-way lease agreements with Indian River
Farms Water Control District in the total amount of
$1,768.26 per year, as recommended by staff.
AGREEMENTS ARE ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
24
NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS
INATOA) CABLE CONFERENCE REPORT
Commissioner Macht presented the following report dated May 3,
1993:
DATE: MAY 31 1993
TO: BOARD OF COUNTY COMMISSIONERS
JAMES E. CHANDLER
COUNTY ADMINISTRAT
THRU: TERRANCE G. PINTO
� �/�?
DIRECTOR OF UTILI Y ICES
FROM: CINDY E. WHITE
FRANCHISE COORDQNATOR
DEPARTMENT OF UTILITY SERVICES
SUBJECT: NATOA CABLE CONFERENCE - APRIL 26-27, 1993
The recent NATOA conference held in Covington, Kentucky, dealt with
several issues regarding the new Cable Television Consumer
Protection and Competition Act of 1992 (111992 Cable Act"). A
summary of the rate regulation procedure is outlined below:
On April 1, 1993, the FCC adopted rules governing the
regulation of cable rates. The final text of these rules is to
be published in the FCC Report and Order in the Federal
Register, and should be available this month.
Essentially, the FCC adopted a series of national per -channel
benchmark rates to determine what is reasonable. These rates
will be used with both basic broadcast and "expanded basic"
tiers; programming such as HBO, Showtime, and pay-per-view
events cannot be rate regulated at all (the FCC ordered a rate
freeze for 120 days for all cable rates in effect on April 5,
1993, so that franchising authorities would have a reasonable
period of time to start this rate regulation process).
Franchising authorities are to look at each cable operator's
basic rates in effect as of September 30, 1992. •If their basic
rates are above the benchmark rates, Indian River County may
then require the September 30, 1992, rates to be further
reduced to the benchmark rate level, or by ten percent,
whichever is a smaller reduction.
In order for basic service rates to be regulated, the
franchising authority must become certified by the FCC. The
certification form is anticipated to be a one-page document,
and must certify that Indian River County has the legal
authority to adopt, and the personnel to administer, the
regulations. Franchising authorities may begin filing for
certification 30 days after publication of the Report and
Order.
The FCC (not the franchising authority) will determine if c-
rate reduction is necessary for "expanded basic" tiers, but
only in response to consumer and/or franchise authority
complaints, or by complaints from other relevant local or state
governmental entities. The April 12, 1993, issue of
Multichannel News stated that the 28 -town Cincinatti-area
25
MAY 41993
BOOK 89 PAGE 443
MAY
-7 BOOK 89 FAg 444
Intercommunity Cable Regulatory Commission "will do a 'complete
media blitz' to reach consumers who may want to file complaints
on expanded tier rates during a six-month window slated to open
this summer." Indian River County may want to consider a
similar action (???).
The complaint -filing procedure mentioned above should become
available this month, as well.
After August 1993, the FCC intends to conduct cost studies to
determine if additional rate reductions will be necessary in
the future.
Further information regarding rate regulation can be found in the
attached conference handout prepared by Miller & Holbrooke,
Attorneys at Law, in addition to information regarding new customer
service standards, technical standards, renewal procedures, and
other areas affected by the 1992 Cable Act.
I will keep you informed of developments as they occur.
PRESENTATION REGARDING PELICAN ISLAND WILDLIFE REFUGE
The Chairman announced that Paul Tritack of the Fish and
Wildlife Service of the United States Department of the Interior
has been delayed, and the regular meeting of the Board of County
Commissioners would be reconvened for the Presentation after the
Emergency Services District and Solid Waste Disposal District
meetings were held.
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.
SOLID WASTE DISPOSAL DISTRICT
Chairman Bird announced that immediately upon adjournment of
the Emergency Services District meeting the Board would reconvene
sitting as the Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
The BCC meeting adjourned at 9:31 A.M. , and reconvened at 9;55
A.M. with all members present.
26
PRESENTATION REGARDING PELICAN ISLAND WILDLIFE REFUGE
Paul Tritack of Fish and Wildlife Service, U.S. Department of
the Interior, read aloud the following letter:
TAKES
United States Department of the Interior®
a
FISH AND WILDLIFE SERVICE •�
75 Spring Street. S.W.
Atlanta, Georgia
30:303
LA -Payment to Counties/Parishes
Dear Sir or Madam:
The Fish and Wildlife Service is pleased to present Indian River County/Parish
its refuge revenue sharing payment in the amount of $ 12,608. 00 This payment
for fiscal year 1992 (October 1, 1991 -September 30, 1992) is authorized by the Refuge
Revenue Sharing Act of 1978, Public Law 95-469. Funds credited to the National
Wildlife Refuge Fund are derived from income generated nationally on Service lands,
such as oil and gas revenues, sale of timber products, gravel, grazing receipts, and
other products.
The Act authorizes payment to counties in which Fish and Wildlife Service -owned lands
are located, based upon the following methods of computation, whichever is greater:
(1) Three-fourths of 1 percent (0.75 percent) of the fair market (appraised)
value of Jgg lands located within the county.
(2) Seventy-five cents per acre of the £fig lands located within the county.
(3) Twenty-five percent of net receipts collected by the Fish and Wildlife
Service for certain activities permitted oneft lands located within the
county.
This year's fund did not contain sufficient receipts to make full payment to counties as
computed above. Although Congress, as authorized, did appropriate additional funds,
the amount appropriated was not sufficient to provide for a full entitlement payment.
The amount of payment for fiscal year 1992 represents 81.1 percent of the total
entitlement.
Should you have any questions about this payment, please do not hesitate to contact
US.
Sincerely yours,''II,,/1
James W. Pulliam, Jr.
Regional Director
27
MAY 4 1993 eooK 8j' F¢5r-. 441
a
FF", --MAY 4 1993
BOOK 89f�Gc 446
Upon conclusion of the presentation, Mr. Tritack presented a
check in the amount of $12,608.00.
Chairman Bird thanked Mr. Tritack for coming this morning.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:04 A.M.
ATTEST:
J k. arton, Clerk
28
Richard N. Bird, Chairman