HomeMy WebLinkAbout6/1/1993=MINUTES �TrACHED.�
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JUNE 1, 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) Jeffrev K_ Rarfn.. rie.,10 .,..i._
9:00 A. M. 1. CALL TO ORDER
2. INVOCATION - Rev. Elinor O'Mally
Science of Mind Center
3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R. Macht
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
S. PROCLAMATION AND PRESENTATIONS
A. Presentation of Gift to D . A . R . E. Program by
Cooke Gravlee of Rotary Club Sunrise
B. Recognition of Douglas M. Wright as Certified
Emergency Manager
( letter dated May 19, 1993 )
6. APPROVAL OF MINUTES
Special Meeting of April 27, 1993
7. CONSENT AGENDA
A. Release of Utility Liens
( memorandum dated May 19, 1993)
B. County Tax Deed Applications
(memorandum dated May 19, 1993)
C. Agreement / I.R.C. E Jenny Broom - Temporary
Water Service
( memorandum dated March 29, 1993 )
D. Certificate of Substantial Completion -
-Siudge/Septage Facility
( memorandum dated May 20, 1993 )
L:
-11993 BOOK 8 P.'ur722
/ JUN -11993
BOOK 89 FaGE 1 �
7. CONSENT AGENDA Nont'd j :
E. Sludge/Septage Facility Retainage
( memorandum dated May 20, 1993 )
F. Change in Industrial Development Bond Bank
Trustee From First Florida Bank to Barnett
Bank
( memorandum dated May 24, 1993 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request by Frank Zorc to Present Petitions
In Support of the Disney Vacation Club Resort
( letter dated May 24, 1993 )
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
FY 1993-94 Anti -Drug Abuse Grant Funding
( memorandum dated May 21, 1993 )
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
11. DEPARTMENTAL MATTERS (cont'd. ):
G. PUBLIC WORKS
1. Consultant Selection for Vero Beach Near -
Shore Hardbottom Mapping and Biological
Survey
( memorandum dated May 26, 1993 )
2. Road Construction F. Widening Improvements
to 20th Ave. SW I; 5th St. SW - IRC School
District So. Co. Middle School
(memorandum dated May 25, 1993)
H. UTILITIES
1. Request by Robt. A. Peters to Discuss
Countryside Sewer Hook-up and Base Facility
Charges
( letter dated May 24, 1993 )
2. Water Line Services Replacement - Tropic
Villas North (6th Ave. & 12th St.)
( memorandum dated May 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
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
JUN ®11993 8OOK 89 F4.0 794
r JUN -I i9911 BOOK 89 rAu 725 -1
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
I. Approval of Minutes - Meeting of 4/27/93
2. Southeast Paper Recycling Contract
Renewal
(memorandum dated May 19, 1993)
3. Multi -Family Recycling Collection
(memorandum dated May 20, 1993)
11S. 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 j(CT (ADA)
COORDINATOR A -T 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, June 1, 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, June 1, 1993, at
9:00 o'clock 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 Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Rev. Elinor O'Mally of the Science of Mind Center gave the
invocation, and Commissioner Macht led the Pledge of Allegiance to
the Flag.
PROCLAMATIONS AND PRESENTATIONS
Presentation of Gift to D.A.R.E. by Rotary Club Sunrise
Mr. Cooke Gravlee of Rotary Club Sunrise presented a check in
the amount of $1,375 for D.A.R.E. (Drug Abuse Resistance
Education).
Recognition of Douglas M. Wright as Certified Emergency Manager
Chairman Bird read aloud the following letter of commendation:
May 19, 1993
National Coordinating Council
on Emergency Management
7297 Lee Highway, Unit N Falls Church, VA 22042 (703)633-7672
STANDARDS / CERTIFICATION DEVELOPMENT
Mr. Richard N. Bird
Chairman
Indian River County Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Bird:
L_JUN - j 1993
DIS1 RIBUTIO.NLIST
c u; ... t i, s, s so o 1, e rs - - &,,, --
Administrator aZ�
Att.�:! ney --------
Per.--jiinel
PuLiic Works
Cont.iunity Dev---,
Util'Ves
Finance
Ottuar
BOOK 8 9 Fnu F T� 6
r -
JUN
Boa 8 9 P,� G, F7277
UZZ1_.'.
.Apoy
Congratulationsl Douglas M. Wright, CEM, has this year earned recognition from the
National Coordinating Council on Emergency Management by being among the first group
of professionals designated Certified Emergency Manager (CEM). This is the highest honor
of professional achievement available from the Council which has in its membership more
than 1,400 emergency managers representing local, state, and federal, private and military
emergency managers.
Douglas qualified as a CEM by submitting an extensive credentials package giving personal
and professional background achievements and successfully completing a Management
Questionnaire scenario response. In order to maintain certification, he -must continue a
program of professioxial development over successive five-year periods in the future. Thus,
this is an honor neither easily earned nor maintaftied.
The CEM designation. presently is held by 56 men and women' in the emergency
management profession. As a CEK Douglas has demonstrated a high level of competence
ethical fitness for emergency management. Your -organizatlon is to be commended for
having a professional of this caliber on staff.
I hope that you will find an opportunity to share with your officials* this singularly high
achievement that Douglas M. Wright, CEM has attained for it reflects credit upon both your
organization and Douglas.
Sincerely,
E3111is M�- Stanley,Sr
Sr.
Chair, Certification Commission"
Director, Atlanta-Fult6n County Emergency Management Agency
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Special Meeting of April 27, 1993.
commissioner Adams requested that the Minutes show that
Fellsmere City Attorney Warren Dill was in attendance.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Special Meeting of 4/27/93, as
amended.
CONSENT AGENDA
A. Release of Utility Liens
The Board reviewed the -following memo dated 5/19t93:
2
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Sandy Wright, County Attorney's Offic4
DATE: May 19, 1993
RE: MMWZ OF UTILITY LIEN8
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
1. Release of Special Assessment Lien
Phase II Water Project
CLARK JULIN PROFZTTO/ADAXCZYK/HAMILTON
2. Release of Special Assessment Lien
Heron Cay - State Rd #60 Sewer Project
CHAMPION ROME COMMUNITIES/BRYAN
3. Release of special Assessment Lien
Anita Park Water Project
VANDERVEER
4. Release of Special Assessment Lien
Summerplace Water Project
BOWEN
5. Release of Special Assessment Lien
Hedden Place Water Project
MAHER
Release of Special Assessment Lien
Citrus Gardens Water Project
WHITE
7. Release of Special Assessment Lien
Courtside Water Project
LAPORTE MERRILL, SINCLAIR
S. Release of Special Assessment Lien
12st Street Water Project
KEMP SCOTT LENZ TILLIS
9. Release of Special Asses nt Lien
Shady Oaks Water Project
LEONARD
3
JUN - 11993 BOOK 89 PnUF728
r -
JUN - 11993
BOOK 8 9 PA GF. 729 -7
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously approved
the releases of utility liens as listed in the above
staff recommendation.
SAID SATISFACTIONS AND RELEASES ARE ON FILE
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
B. County Tax Deed ARRlications
The Board reviewed the following memo dated 5/19/93:
TO: Board of County Commi sloners
4e,�"4, 62. *4-�
FROM: Lea R. Keller,, CLA., County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: May A. 1993
RE: COUNTY TAX DEED APPLICATIONS
The Board of County Commissioners at its meeting March 9, 1993, approved
and authorized tax deed applications being filed with the Tax Collector on
behalf of the County on several properties where the Tax Collector had
notified us that there were tax certificates being held. As part of the
process of transferring title to the County, the Clerk's Office has sent us
notification that the following amounts are now due:
(1)
Tax
Deed
Certificate
89-1863
- $211.53
(2)
Tax
Deed
Certificate
88-1877
- $159.50
(3)
Tax
Deed
Certificate
88-1832
- $185.79
(4)
Tax
Deed
Certificate
88-1860
- $183.50
(5)
Tax
Deed
Certificate
#1807 -
$183.50
REQUESTED ACTION: Staff recommends that the Board authorize the
payment of the above funds to the Clerk of the Court -
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously authorized
payment of the above funds to the Clerk of the
Court, as recommended by staff.
4
C. Temporary Water Service Agreement — Jenny Broom
The Board reviewed the following memo dated 3/29/93:
DATE:
MARCH 29, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
PROM: TERRANCE G. PINTO
DIRECTOR OF UTILI S CES
01; a
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND JENNY BROOM
TEMPORARY WATER SERVICE
PREPARED AND WI F. MCC AIN
AND CTS ENGINEER
STAFFED BY: QffF(UTILITY SERVICES
BACKGROUND
Jenny Broom has requested that temporary service be installed from
the water line on Old Dixie Highway to service her property at 926
loth Court, SW, Vero Beach, Florida 32962, prior to the installation
of a water main on loth Court, SW.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to
Jenny Broom until such time that a water line is constructed on loth
Court, SW, by assessment. She agrees to pay all fees required to
make this connection. She further agrees to participate in the
assessment and to reconnect to this water line as required by
IRCDUS.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Jenny
Broom on the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Agreement with Jenny Broom for temporary water
service.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
5
BOOK 89
U 11
JUN -11993
JUN -1199,1 Bou , 89 PnUF 731
D. Certificate of Substantial CgnRletion - SludaelSeptacfe Facility
The Board reviewed the following memo dated 5/20/93:
DATE: MAY 20, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTR:71()
FROM: TERRANCE G. PINT
SERVICES
STAFFED AND
PREPARED BY: H. D. "DUKE" OSTERr P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: CERTIFICATE OF SUBSTANTIAL COMPLETION
SLUDGE/SEPTAGE FACILITY
BACKGROUND:
The Regional Sludge/Septage Facility has been inspected by
authorized representatives of the consulting engineer, the
contractor,, and Indian River County personnel,, and is considered
substantially complete by all of the above. A tentative list of
items to be completed is attached. These items do not prohibit nor
deter operation of the plant for its intended purpose.
ANALYSIS:
The subject facility is considered substantially complete and is
currently being operated by Indian River County personnel. Final
completion is anticipated on/about the beginning of June when the
punchlist (attached) is completed. .
RECOM—NENDATION:
The Department of Utility Services recommends approval of the
certificate of substantial completion by the Board of County
commissioners, and requests the Board Chairman,'s signature on the
attached certificate.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the certificate of substantial completion, as
recommended by staff.
CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
6
r- JUN -iJ993
1, ---1
Box F 711,
F. Change in Industrial Development Bond Bank Trustee from First
Florida Bank to Barnett Bank
The Board reviewed the following memo dated 5/24/93:
TO: Board of County Commissioners
9)� � �,
FROM: Charles P. Vitunac, County Attorney
DATEt May 24, 1993
RE: CHANGE IN INDUSTRIALMEVELOPMENT BOND BANK
TRUSTEE FROM FIRST FLORIDA BANK To BARNETT BANK
In approximately November, 1989 the County participated in issuing
Industrial Revenue Bonds for Profold Corporation with First Florida Bank
as Trustee. Barnett Bank of Tampa is the successor -trustee to First
Florida Bank, and we have, therefore, been requested by the officials of
Barnett Bank to execute an acknowledgment of this change in trustees.
REQUESTED ACTION: Request permission for the Chairman of the County
Commission to execute the Uniform Commercial Code statement of change
form acknowledging the new trustee.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the Chairman to execute the Uniform Commercial Code
statement of change form acknowledging the new
trustee, as recommended by the County Attorney.
STATEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
REQUEST BY FRANK ZORC TO PRESENT PETITIONS IN SUPPORT OF THE DISNEY
VACATION CLUB RESORT
The Board reviewed the following letter dated 5/24/93:
May 24, 1993
TO: The Indian River County Commission "WE SUPPORT DISNEY'
1840 25th. Street
Vero Beach, Florida 32960
FROM: Frank L. Zorc
on behalf of the parties named below please accept this formal
request to be placed on the Tuesday June Ist. Commission agenda
under "Public Discussion Items" (or Matters by the Public.)
8
E. Sludgejg�iptaae Facility Retainage -'
The Board reviewed the following memo dated 5/20/93:
DATE: MAY 20, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRAI
FROM: TERRANCE G.
DIRV&_0'R OF
STAFFED AND
PREPARED BY: H. ff'.dfDbK_E" -OSTER, P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: SLUDGE/SEPTAGE FACILITY RETAINAGE
IRC PROJECT NO- US -88 -07 -SL
BA�GRQUND:
The agreement with the contractor for the' Sludge/Septage Facility
states that ten (10) percent of all monies earned by the Contractor
shall be retained by the County until the project is totally
completed as specified, and accepted by the County except that after
50 percent of the work has been satisfactorily completed,, the
Contractor Administrator may reduce the retainage to 5 percent of
all monies earned,, that after 75 percent of the work has been
completed, the retainage may be reduced to 3.5 percent, and that
after 95 percent completion,, the retainage may be reduced to 2.5
percent (see attached Article 5.2).
ANALYSIS:
The contractor,, Poole & Kent, has completed 99 percent of the
project and requests that his retainage be reduced to 2.5 percent of
all monies earned in accordance with paragraph 5.2 of his agreement
with the County.
On September 1,, 1992,. the Board
retainage reduction to 5 percent,
the reduction to 3.5 percent.
RECQM-- _M3NDATION:
of County Commissioners approved
and on December 15, 1992, approved
The staff of the Department of Utility Services recommends approval
of the retainage reduction from 3.5 percent to 2.5 percent of monies
earned.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the retainage reduction from Poole & Kent from 3.5%
to 2.5% of monies earned.
7
JUN BOOK
The purpose of our appearance is to present f or the record, to the
County Commis-sion, and all other elected officials and the planning
Board ofIndian River County, Over Two Thousand Petition's * which
each state: The undersigned wholeheartedly support and seek your
support for the Disney Vacation Club Resort. Disney will apply
their high quality development standards which are very well known.
The economic benefit to our.county and city will be substantial and
permanent.
BUSINESS OWNERS/INDIVIDUALS WHO PROMOTED THE PETITION
Eddie's Bar & Grill 398 21st. St. - Ed Daniels
"Cloud Nine" Restaurant, 2555 27th. Ave. George & Gretchen Herr
Deep 6 Dive Watersports,416 Miracle Mile Chris, Cliff, Doyl e,Hannett
Vero Airport Storage, 2501 27th. Ave. Frank L. Zorc
The Hampton House, 4000 Atlantic Blvd. Janet Witteck
Charles Netter Attorney, 2501 27th. Ave. Charles Netter
Wrap N Ship 737A 22nd. St. Tom Aurand
The Drapery Gallery, 2555 27th. Ave. Doris.Sipes
Copies to:
aw oll o1her M *A ond do Him emd
Mornbets of Cow".
ft I LL,
look VOW 15 1- 1110 ft*Z Vocafto Club RssorL
The oamande
q- V .0 shunlords %+kh ase vwy wed
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host one to live dgn p"ons below. Mad as shown or reim to those
Peffions we arolloble of dme business locagons Owners coraributed awlar =!= ds. Mon.
I �-W� 21,00, 522 is
'cow Nble"Redminow. 21415 V111 Ave. 5".63"
W"PA 5L. 3620101 4161- - "W.562 -2U3
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Mr. Bob Shinn, Disney ffevelopment Co.
Mr. Mark Pacala, Disney Vacation Development
Indian River County Chamber of Commerce
Vero Beach Press Journal
The Vero Beach Sun
Radio Station WQOL Q103.7
Radio Station WGYL WTTB
Frank Zorc, resident of Vero Beach, presented approximately
2000 petitions signed by people in support of the Disney vacation
Club Resort who feel Disney will apply their high quality
development standards to the project and who believe that the
economic benefit to our county and city will be substantial and
permanent.
9
L -J U N - 11993 Box 89 FA,UF734
JUN - BOOK 89 pArl
U735
Chairman Bird thanked Mr. Zorc f or bringing the petitions this
morning and for the work he has done on this.
PETITIONS WERE RETURNED TO MR. ZORC AFTER ACKNOWLEDGEMENT BY
THE OFFICE OF THE CLERK TO THE BOARD
ANTI-DRUG ABUSE GRANT FUNDING - FY 1993-94
The Board reviewed the following memo dated 5/21/93:
TO: Board of County CommissionersDATE: May 21, 1993 FILE:
THRIJ: - James E. Chandler
County Administrator
FY 1993-94 Anti -Drug Abuse
SUBJMT.- Grant Funding
FROM: Randy Dowling M
Ass't. to County Administrat,$EFERENCES:
BACKGROUND
For the previous three fiscal years.- Indian River County has been allocated
grant funds from the Florida Department of Community Affairs (FDCA) to fund
local anti-drug abuse programs. The Board has funded the same four programs
all three years.
1) Indian River County Jail Substance Abuse Counseling Program and
Aftercare Program - Administered by New Horizons of the Treasure Coast.
Inc.
2) First Start Program - Administered by the Indian River County School
Board.
3) Just Say No Program - Administered. by the Just Say No Council of Indian
River County, Inc.
4) Substance Abuse Advisory Council Administrative Expenses *- Administered
by the Substance Abuse Council of Indian River County.
The County Administrator's Office received a letter dated March 15, 1993 from
FDCA stating that Indian River County has been allocated $138,816 in federal
grant funds for FY 1993-94, the same amount as last year, to fund local
anti-drug tabuse programs. The county will provide the 25% matching
requiremen which will bring the total amount available to $185,088. The letter
also requested the Board to serve as the coordinating unit of government in
applying for the funds. The Board. during Its April 6, 1993 regular meeting,
accepted the Invitation to serve as the coordinating unit of government and
named Randy Dowling, Assistant to the County Administrator, as the contact
person.
OV]
M M M
CURRENT
After soliciting -for new grant proposals and evaluating'the seven proposals that
were received totaling $404.928, the Substance Abuse Advisory Council is
recommending that the Board approve the following five anti-drug abuse
programs and their corresponding funding levels for FY 1993-94.-
1) First Start Program* - Administered by the Indian River County School
Board. I
State Share 75% $37,499
County Share 25% 12,500
Total $T9-1-999
2) Just Say No Program* - Administered by the Just Say No Council of Indian
River County.
State Share 75% $20,775
County Share 25% 6 925
Total $275
3)
Indian River County Sheriff's Drug Task
Force - Administered by the
Sheriff's Department.
State Share 75%
$47,910
County Share 25%
15,970
Total
$63,880
4)
City of Fellsmere Community Drug Coalition
- Administered by the City of
Fellsmere.
State Share 75%
$18,750
County Share 25%
6.250
Total
$25,000
5)
Substance Abuse Advisory Council Administrative Expenses* - Administered
by the Substance Abuse Council of Indian River County.
State Share 75%
$13,882
County Share 25%
4,627
Total
$18,50i
Indicates a continuation from the previous fiscal year
State share totals $138.816, County share totals
$46,27'2, and the grand total of
all
five projects Is $185,088.
RECOMMENDATION
Staff recommends the Board approve the Substance Abuse Council's
recommendations and authorize the Board chairman to sign the grant applications
and other necessary related documents. Cheryl Ann Burke, Executive Director
of the Substance Abuse Advisory Council, and representatives from each of the
five programs will attend the Commission meeting to answer any questions.
11
JUN 1993 736
JUN -11993
BOOK 89 pnu 737
Commissioner Eggert reported that she has received a number of
comments on the Just Say No Program, and wished to know how these
figures compare to last.year's grant figures.
OMB Director Joe Baird advised that last year the total amount
was $9,932 of which $7,449 was the grant and $2,483 was the
County's match.
Cheryl Ann Burke, executive director of the Substance Abuse
Advisory Council and representative from each of the five programs,
explained that the increase is due to the increase in prevention
work. The Just Say No board has increased the number of special
events which include the After Prom Party,. the Dale Dawkins Family
Day Picnic, a Beach Bash Surf Contest, a Summer Celebration, a
Tailgate Party, a Christmas Bash at the middle schools and at the
junior high school, and a Christmas Gala at the high school.
Commissioner Macht noted that there is a marked change from
treatment to prevention measures.
commissioner Eggert was glad to hear that Mrs. Burke feels
they are getting a good response to the prevention measures. She
just wanted to be able to assure people that the funds are being
spent on effective programs.
ON MOTION by Commissioner Macht, SECONDED by
commissioner Tippin, the Board unanimously approved
the Substance Abuse Council's recommendations and
authorized the Chairman to sign the grant
applications and other necessary related documents,
as recommended by staff.
APPLICATIONS ARE ON FILE IN THE COUNTY ADMINISTRATOR'S OFFICE
CONSULTANT SELECTION FOR VERO BEACH NEAR -SHORE HARDBOTTOM MAVPING
AWD BIOLOGICAL SURVEY
The Board reviewed the following memo dated 5/26/93:
12
TO: HONORABLE MEMBERS OF THE BOARD OF COUNTY
COMMISSIONERS
THROUGH: James E. Chandler,
County Administrator
FROM: Consultant Selection Committee for Vero Beach
Near -Shore Hardbottom Mapping and
Biological Survey
Jim Davis, Public Works Director
Terry Thompson, Capital Projects M7a ge
Jody Rosier, Environmental Planner
SUBJECT: Consultant Selection f or Vero Beach Near -Shore
Hardbottom Mapping and Biological Survey
DATE: May 26, 1993 FILE: bchrest.agn
I
DESCRIPTION AND CONDITIONS
On Monday, May 3, 1993, beginning at 2:00 PM, the Consultant Selection
Committee for the Vero Beach Near -Shore Hardbottom Mapping and Biological
Survey project received presentations from and interviewed the three firms
that submitted to the County Letters of Interest. After approximately three
hours of presentations /interviews, the Committee recommended the following
prioritized list:
1) Coastal Technology Corp., Vero Beach, FL.
2) Coastal Planning and Engineering, Inc., Boca Raton, FL.
3) Continental Shelf Associates, Inc., Jupiter, FL
The Florida DNR Division of Beaches and Shores has recommended that this work
be performed prior to state approval of any shore protection project in the
Vero Beach area.
RECOMMENDATION AND FUNDING
Staff and the County Beach and Shore Preservation Advisory Committee
recommend Board of County Commission authorization to negotiate an agreement
for Consulting Services with the Number 1 ranked firm, Coastal Technology
Corporation.
Funding is being programmed in the 1993/94 Tourist Development Fund budget,
Public Works Director Jim Davis emphasized that time is of the
essence because the summer season is now upon us.
Commissioner Eggert noted that the Tourist Development Council
budgeting is on next week I s agenda and she had a problem with
saying that this would be funded from their 1993-94 budget.
Administrator Chandler stated that if it doesn I t meet their
approval, he would recommend funding from a different source.
13
JON - 11993 �800K 8 9 73 8
J U N - i 19,qu
BOOK 89
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the negotiation of an agreement for consulting
services with Coastal Technology Corporation, as set
out in the above staff recommendation.
ROAD CONSTRUCTION & WIDENING IMPROVEMENTS TO 20TH AVENUE SW AND STH
STREET SW - IRC SCHOOL DISTRICT SOUTH COUNTY MIDDLE SCHOOL
The Board reviewed the following memo dated 5/25/93:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Road Construction & Widening Improvements to
20th Avenue SW and 5th Street SW - Indian
River County School District South County
Middle School
DATE: May 25, 1993
DESCRIPTION AND CONDITIONS
FILE: school.agn
The Indian River County School District is constructing a new Middle School
located just north of the South County Park along 20th Avenue SW. Staff has
recently met with Greg Smith of *the School District to determine road
improvement responsibility. The School District will provide widening
improvements to 20th Avenue SW along the school frontage, and the County
staff recommends that the County improve the 20th A,�enue/5th Street SW
intersection and construct 5th Street SW from the proposed school driveways
to 20th Avenue. The County Planning staff is preparing an agenda item on the
school project for future Board approval.
The School District's design engineer, The Alann Engineering Group, Inc.,
will be designing the school site work and 20th Avenue improvements. The
County Public Works staff has asked this firm to submit a proposal to the
County for performing Engineering Services to design the County road work at
5th St. SW and the 20th Avenue/Sth Street SW intersection. Stormwater
permitting and scrub -Jay habitat protection will be joined for the two
projects in the design.
ALTERNATIVES AND ANALYSIS
Since the school construction will proceed rapidly and environmental /drainage
issues are inter -related in the projects, staff proposes the following
alternatives:
Alternative No. 1
Enter into an agreement with Alann Engineering Group, Inc., Ormond
Beach, FL. for civil engineering and environmental permitting
services for the 5th Street SW roadway and 20th Avenue/5th Street
SW intersection improvements. Since the design services total
$8,040, permitting services total -$2,490, and the School District
complied with CCNA guidelines in selecting consultants for this
work, the County does not have. to apply an indidpendent CCNA
selection process.
14.
Alternative No --2
Proceed to conduct an independent selection process for the roadway
improvements.
RECOMMENDATIONS AND FUNDING
Staf f recommends Alternative No. 1 whereby the Chairman is authorized to
execute the attached agreement with Alann Engineering Group, Inc. in the
amount of $10,530. Construction inspection will be performed by County
Personnel.
Chairman Bird asked if we plan to connect 5th Street SW
through from 27th Avenue to 20th Avenue, and Public Works Director
Jim Davis confirmed that we are well on our way to doing that. We
have purchased right-of-way from Lucinda Eddy and we are talking
with Mr. Hanson to complete the right-of-way acquisition. We plan
on doing the design inhouse, and we hope to have it completed by
fall of 1994.
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously approved
the agreement with Alann Engineering Group, Inc. in
the amount of $10,530, as set out in the above staff
recommendation.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
REQUEST BY ROBERT A. PETERS TO DISCUSS COUNTRYSIDE SEWER HOOK-UP
AND BASE FACILITY CHARGES
The Board reviewed the following memo dated 5/26/93:
DATE: MAY 261 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI6E CES
ST To M
SUBJECT: ROBERT PETERS" RE ST TO APPEAR BEFORE THE BOARD OF
COUNTY COMMISSIONERS IN REGARD TO DELINQUENT BASE
FACILITY CHARGES FOR COUNTRYSIDE MOBILE HOME PARK
BACKGROUND:
Countryside Mobile Rome Park entered into an agreement with Indian
River County on June 5,, 1985, agreeing to,, among other things,
connection to County wastewater facilities when available (see
Attachment A). Indian River County formally notified Countryside to
connect on April 12,, 1990 (Attachment B).
4-1
L- JUN - 1199,1 BOOK 89 pmu 740
JUN - j lq.qi
ANUNSIS:
BOOK 89 PA�',F74_1_7
Base facility charges started to accrue on the date Countryside was
to officially connect to the County system. All delays in regard to
the connection were caused solely by the owner of Countryside Mobile
Home Park.
On January 19,, 1993,, the Board of County Commissioners authorized
the County to proceed with legal action requiring connection as per
the agreement (Attachment C). Countryside is preparing to connect;
however, refuses to pay fees amounting to $210,723.38, to date
(Attachment D).
RECOMMMIDATION:
The Department of Utility Services recommends the' Board of County
Commissioners authorize the County Attorney to immediately pursue
all necessary actions to collect all past -due fees owed for base
facility charges by Countryside Mobile Home Park.
Sam Block, attorney representing Realcor, the owner of
Countryside mobile home park, recounted that the 1985 franchise
states that the developer will hook up to wastewater service and
pay the cost of hookup upon notification of place and point of
connection as determined by the County. Realcor agreed to that in
1985, and on April 12, 199b the County determined that they were at
a point to cause a letter to be sent to Realcor to hook up. Since
Countryside's right-of-way fronts SR -60, it was their belief that
the wastewater line would come down SR -60, which would bring it
within 400 feet. However, they were notified by the County that it
would go to 81st Avenue, within 5300 feet. The second issue dealt
with pass through charges, and during this period of time the
Utility Department has continued to charge a base facility fee
which totals $267,000 and includes penalties and interest of 1-1/2
percent a month. They are here today to ask the Board to start
charging the base facility fee at the time the wastewater service
becomes available, which is the end of this month or the first of
next month, because of the issues he has raised and because the
costs are extremely high. Attorney Block pointed out that in one
of the many letters written to the County on this matter, they
emphasized that if there is a problem with obtaining capacity at
the time of hookup, they do have a plant and they will take a
chance on capacity being available. He urged the Board to consider
allowing his client to begin paying the base facility charge as of
July 1, 1993.
Utilities Director Terry Pinto felt we have been _a_ lot kinder
to the owners of Countryside than anyone else. He noted that the
16
tremendous amount of today I s backup- material shows that when
Realcor entered into the contract to reserve capacity, they agreed
to connect into the County system. He compared this situation to
a hotel owner making a room reservation and accepting a bank card,
but having a no show. The owners of countryside have not fulfilled
their part of the contract. They should be required to pay the
base facility charge as accumulated. The reason the charges are so
high is that they have not been paying them.
Chairman Bird asked if the time delay is by their own
choosing, and Director Pinto emphasized that in every case the time
delay is due to their problems, not the County's problems.
County Attorney Charles Vitunac noted that they really were
waiting for the court decision to find out if they could pass on
their charges to their tenants. Judge Kanarek's subsequent ruling
is a precedent on this issue, one of the first in the state, and
now they are connected. So, the entire delay has been their
choice. They forced the County to develop a complaint for Circuit
Court which was ready to be filed, but they kept agreeing to
connect while delaying on the permitting and everything else. For
3 years they have chosen to delay payment of the base facility
charges and those charges have accumulated to $267,000, which
includes penalties. Meanwhile, the wastewater plant has been
sitting there waiting for them.
Commissioner Adams asked for clarification on the base
facility charge because it seems to be the utility matter that
people complain about most.
Director Pinto explained that if we were to eliminate the base
facility charge, we would be saying that all of the cost for
capacity that is sitting their waiting for them to connect becomes
chargeable to the people already on the system and utilizing the
system. He emphasized that the operating costs for the unused
portion of the plant are the same as the used portion.
commissioner Adams realized they signed an agreement to hook
up, but asked if they ever signed anything where they agreed to pay
the base facility charges. She didn't remember seeing anything
that itemized what the charges would be.
Director Pinto explained that the agreement says they will pay
to the County all fees that are due and payable to the County, but
it doesn't break out the different fees.
Attorney Vitunac pointed out that there wouldn't have been a
plant if we had not put a base facility charge in our rate
structure. All our bond consultants needed to be assured that we
would have the money to pay off the bonds on the wastewater plant
if people did not connect when they said they would. The base
17
JUN BOOK Pk C) F74?
1993 I. -W
r JUN -11993, Boa 89 PnF 743 -1
facility charge is an essential part of the financing which was
fairly innovative for this county in that we were able to provide
utilities to areas that had never been serviced.
Commissioner Adams felt there is no question that they were
derelict in not paying the base facility charge f or this long.
Moreover, we have given them leeway on the water service, but this
base facility charge has been a real thorn. She believed we would
have built the plant because we were mandated to provide water and
wastewater service to the urban service areas. After determining
what those service areas were, we would have built the plant using
those capacity figures.
Director Pinto disagreed and gave a very detailed explanation
of why that wouldn't have happened. He stressed that if they had
connected 3 years ago, they would have been paying the base
facility charge which is shown on the bill as the minimum charge.
There is a minimum charge and the f low charge which is based on per
thousand gallons.
In answer to Commissioner Tippin's question, Director Pinto
stated that the penalties amount to about $3,000.
Attorney Block felt that Attorney Vitunac's comment that
Realcor was waiting around for Judge Kanarek's decision is totally
incorrect. They had a legitimate issue with the County as to the
location of the connection coming within 5300 feet at 81st Avenue
rather than within 400 feet at SR -60. In 1985 they were paying the
$150,000 to hook up, but weren't aware that the connection would be
off of 81st Avenue rather than off of SR -60. He stressed that
they are not saying that they are not going to hook up for any
reason, arbitrary or capricious. They had some legitimate problems
as to what it was going to cost. Until a couple of months ago when
it was resolved with the homeowners, that $150,000 was sitting
there with no accountability and the County had no idea of what it
was going to do with it.
Administrator chandler emphasized that when ownership changed
from Atlantic to Realcor in 1985, Realcor agreed that the $150,000
would be submitted to the County for any county use. Two years
ago, staff recommended that the $150,000 be used at Countryside
since it was generated there. However, in 1985 it was submitted to
the County for any county use.
Attorney Block reiterated Realcor's request to begin payment
of the base facility charges at the time of hookup which will be
the end of June or first of July.
Chairman Bird felt the question before the Board today is
whether or not there are any extenuating or unusual circumstances
involved with this case that would cause it to be treated
is
dif f erently-than the thousands of base- facility charges being paid
in the county everyday to reserve capacity in the plant.
Chairman Bird read aloud the following letter provided by
Attorney Vitunac which was written by Attorney Block on July 1,
1991, stating that the owner of Countryside Mobile Home Park was
prepared to connect to the sewer system at 81st Avenue:
. SAAMEL A. nLOCK9 P.A.
2127 tenth Avenue
vero neaeh, riorlda 32960
Telephone.(407) 362-1600
Samuel A. Block
Attorney at Law
HAND DELIVERED
July 1, 1991
Charles Vitunac, County Attorney
County of Indian River
1840 25Eh Street
Vero Beach, Florida 32960
Re: Countryside Mobil Home Park Connection to
the Indian River County Wastewater' System
Dear Chatless
r -P pi -E -U-0
JUL 2 1".."91
L = I k -'j 2 L:; I 117 - Ill
I
!��Jl ------------
Telelax
f (407) 362-1740
it
N,
I have been a�vised by Robert Hatfield of Realcor-Vero Beach
Associates, the owner of Countryside Mobile Home Park, that the
partnership is prepared to connect: its sewer system with the
Indian River County wAstewater system.
It in my und6raEanding that Beindorf and Associates has; pre-
pared some of the engineering work already. I am requesting
that Bob Peters of Countryside Mobile Home Park contact'Terry
Pinto or Harry Asher of the Utilities Department to make the
necessary arrangements and establish the procedures for the
the waste" �er �li�n�e�
construction of K__Ch - would connect at
- Avenue. According to Mr. Hatiieid, it would appear 'Ifiit
th—e-p—ar—t-ne-r-Mo in willing to subcontract the construction of
the line under- the requirements that are established by the
County of Indian River.
Realcor-Vero Beach Associates In prepared to cooperate with the'
County of Indian River to complete this project. If there are
any procedures which need to be followed at this time prior to
Mr. Peters discdonihg the technicalities of the project with
Mr. Asher or Mr. Pinto, please advise.
Yours truly,
0,00�1
Samuel A. Block
SAB/mmd
cet Mr. Robert A. Peters, Countryside Mobile Home Park
Terrance Pinto, Utilities Director
Robert Hatfield, Realcor-Vero Beach Associates
Atlanta, Georgia
19
JUN -11993 BOOK
r JUN - 1 1993
u
BOOK 89 745
In answer to Commissioner Adams' question on when the owners
f irst knew that the base facility charges were starting to run,
Director Pinto advised that they were first notified at the same
time we notified them of the 60 -day hookup. We have told them
continually that they were supposed to connect by a specific date
and that from that point forward the base facility charges would
start to accumulate.
Attorney Block noted that no mention of base facility charges
was made in the letter of April 12, 1990. He also noted that Harry
Asher's letter of April 22, 1991 to Bob Peters shows the beginnings
because they pro -rated certain amounts such as $7.60 a day for 18
days and $12.25 for 12 days. At that time the charges were $6,500.
Chairman Bird pointed out that they have been receiving bills
every month showing the amount of the base facility charge and the
accumulative totals.
Commissioner Adams was just concerned that there is so much
gray area where "all fees" are mentioned in the agreement. She
felt this is an area that we have to address.
Commissioner Eggert stressed that we have been addressing this
right along in every situation, but Commissioner Adams replied that
we have not been making any progress.
Director..Pinto advised that the Board has addressed the base
facility charge on at least three different occasions. He didn't
believe there is any way, shape or f orm that this group can come in
and say they were not aware of the base facility charge or the
accumulation of those charges. on all three occasions the Board
authorized staff to pursue the matter in court.
Attorney Vitunac wished to respond to Attorney Block's comment
that the owner was not concerned about waiting for Judge Kanarek's
ruling. He read into the record the following memo which says that
at a meeting held September 9 the mobile home owners position was
that they would not connect until they were in a position to pass
through monthly charges:
20
M - 7M
DATE: SEPTEMBER 14p 1992
TO: JAMES E o CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL12 SERVICES
SUBJECT: COUNTRYSIDE MEETING
on Wednesday, September 9, at 10:00 a.m., county Attorney Charles
Vitunac,, Harry Asher,, and I met with Robert Hatfield and Robert
Peters, the owners of Countryside Mobile Home -Park.
We discussed the connection of -the mobile home park sewer system to
Indian River county's west regional system.
The mobile home park ownerof Position-wAs that they will not connect
until they are in a position to pass through m6fi-Iffi—ly charvaiL, This
position, of course, i -e -not -in accord with their signed contract.
since we are at a deadlock,, we must decide our next course of
action. Please advise on how you prefer to proceed.
Attorney Block reiterated that they are not saying that they
didn't know about the base facility charge because obviously they
have been receiving bills since October. They are saying that they
had an issue with the County about the base facility charge and
have talked with the County Administrator and County Attorney manyl
many times.
Chairman Bird related that a prior Commission made the
decision in setting up our rate structure that the system would be
run and financed through a base facility charge. Utilities staff
and other experts convinced us that was the most fair and equitable
way to do it and he didn I t know that we can back of f from that.
Some people have been paying bade facility charges for years on a
vacant piece of property. He felt it would be considered if there
were extenuating circumstances that would give the Board some
latitude in granting some relief from the base facility charge, but
the base facility charge has been a very vital part of our utility
system for a long time, unpopular as that may be with the people
who are paying it.
Director Pinto understood from Attorney Block that the issue
today is whether there should be special circumstances based on the
dispute about the location of the connection.
Commissioner Eggert felt we could do more about the penalties
than the base facility charges, but Commissioner Macht felt that
04
J 1993 BOOK 89 ,,,4u 746
r- JUN - 11993 Boa 8 9 Pmu,, 7 4 7 -7
would be unfair to the other people who have paid penalties. He
understood that what Mr. Pinto of f ers is that there may be some
legitimate grounds in the initiation of the dispute over the
location and the resolution of that dispute. He didn't think that
it is all that uncommon for charges to be put in abeyance because
the burden is essentially on the County, or the provider. He asked
Director Pinto if he thought that was a fair picture, and Director
Pinto answered that he felt that is a possibility.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously tabled
this matter until the next available meeting and
requested staff to provide a sequential,
constructive documentation in digest form of the
initiation of all this with a recommendation as to
mitigation of that period from the entrance of the
dispute regarding the point of location until its
resolution, and any other mitigating f actors that
may appear.
Under discussion, Commissioner Eggert suggested that the
direction to staff should be to clarify the dif f erence between base
facility charge and the penalties, and Commissioner Macht explained
that is the purpose of the constructive series of digested
documentation.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
Attorney Vitunac noted that Attorney Block always has been a
perfect gentleman to deal with over the many years spent on this
matter.
WATER LINE SERVICES REPLACEMENT - TROPIC VILLAS NORTH (GTH AVE.
12TH ST.)
The Board reviewed the following memo dated 5/20/93:
22
DATE: MAY 201 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
N
DIRECTOR OF UTI CES
PREPARED TERRY H. DRUMN
AND STAFFED ENVIRONMENTAL SPECIALIST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER ILTNE SERVICES R]MaCENMT
TROPIC VILTAS NORTH (6TH AVENUE AND 12TH STREET)
INDIAN RIVER COUNTY BID NO. 91-113
WORK AUTHORIZATION NO. 11
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 all existing water services
within the above subject area. This is in response to the
continuing problem of leaks within the old service lines.
ANALYSIS
The project is comprised of the replacement of twelve single water
services and nine double water services, which includes
approximately 240 LF of 1 -inch and 135 LF of 1 1/2 -inch polyethylene
tubing. The cost of the labor to construct the water services under
the labor contract is $l7v661.48 (see attached Work Authorization
No. 11 with Driveways, Inc.). The polyethylene tubing and fittings
will be supplied by the County at a cost of $2t697.73. In-house
engineering, inspection, and administration costs are estimated to
be $3,250.00. Funding for this project will be from the renewal and
replacement funds.
REQO-_MMNDATION
The staff of the Department of Utility services recommends that the
Board of County Commissioners execute the subject agreement with
Driveways, Inc., for the amount of $17,661.48 and authorize
expenditure of $5,947.73 for materials and in-house support, along
with a 15% construction contingency of $3,541.38 for possible
unforeseen construction, for a total estimated project cost of
$27,150.59.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
staff Is recommendation as set out in the above memo.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
23
1993 BOOK 9 p,,,, F '-1 19
u. 14
J U N
BOOK -7
749
SOLID WASTE DISPOSAL DISTRICT MEETING
The Chairman announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:58 o'clock A.M.
ATTEST:
Barton, Clerk
24
I
Richard N. Bird, Chairman