The URL can be used to link to this page

Home My WebLink About7/13/1993MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 13, 1993 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman (Dist. 5) John W. Tippin, Vice Chairman (Dist. 4) Fran B. Adams (Dist. 1) Carolyn K. Eggert (Dist. 2) Kenneth R. Macht (Dist. 3) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. I. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS TO THE AGENDA/EMERGENCY IT Item 10 Appeal Of Employee Termination - Willis Newbold Item 12.B. Discussion regarding city of Vero Beach Electrical Power Lines Item 13 Chairman Bird request for authorization for out - of -county travel S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of June 15, 1993 7. CONSENT AGENDA A. Received and Placed on File In Office of Clerk to the Board: Report of Convictions. Month of June Report on Audit of the I.R.C. District School Board for FY ended June 30, 1993 B. Florida Contraband Forfeiture Semi -Annual Report (letter dated May 4. 1993) C. Out -of -County Travel to Orlando, FL for Comm. Macht, Cindy White & Chas. Vitunac.to attend NATOA 93 Telecommunications Conference, Sept. 8 - 11, 1993 D. Release of Utility Liens (memorandum dated July 6, 1993) E. Release of Utility Liens (memorandum dated June 25, 1993) 1 L J U L 13 1991-N BOOK . 89 JUL 13 NO BOOK 7. CONSENT AGENDA (cont'd.): F. Release of Utility Liens (memorandum dated June 25, 1993) G- Grandl-larbor - Groundwater Storage Tank Assignment of Warranty to County (memorandum dated June 28, 1993) H. Cancellation of Outstanding Taxes Properties Purchased for County Use (memorandum dated July 1, 1993) 1. Request to Grade 58th Ave., North of CR510 (memorandum dated June 30, 1993) J. I.R.C. Courthouse Project, Change Order #3 (memorandum dated July 2, 1993) K. 1993-94 Tourist Tax Funds Budget Adjustment (memorandum dated July 7, 1993) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9: 05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Request from Representatives of 35th Ave. to Speak Regarding Water Lines F, Work Performed (letter dated June 28, 1993) B. PUBLIC HEARINGS Installation of T -Turn Arounds and the Closing of Portions of 12th Ave. *between 4th Place and 5th Place (memorandum dated June 24, 1993 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVIC Award Bid #3101 / Oslo Rd. Water Main (memorandum dated June 29, 1993) D. LEISURE SERVIC None 89 PnUF1017 , '7 11. DEPARTMENTAL MATTERS (cont'd.): E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. I.R. Boulevard, Phase IV, Change Order #1 (memorandum dated July 6, 1993) 2. Award Bid #30-88 / Round Island Park Improvements (memorandum dated July 6, 1993) H. UTILITIES 1. Agreement to Furnish Economic- & Financial Consulting Services to I.R.C. (memorandum dated July 6, 1993) 2. General Development Utilities, Inc., Water & Sewer Rate Increase Request - Request to Set Public Hearing Date (memorandum dated July 6, 1993) 3. Water Service to 102nd Terrace & 99th Way, Resolutions I and 11 (memorandum dated July 6, 1993) 4. Wastewater Service to 102nd Terrace & 99th Way - Resolutions I and I I (memorandum dated July 6, 1993) S. Water Expansion Plan, Phase I I Contract "Ell - Change Order No. 1 & Final Pay Request (memorandum dated July 1, 1993) 6. Utility Services to Coachland Court and Woodlawn Manor Mobile Home Parks (memorandum dated June 22, 1993) 12. COUNTY ATTORNEY 1993 Amendment to Local Occupational License Taxation (SB 364) (memorandum dated June 16, 1993) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN ,6.-ju 1 3 1993 I r- - . : �- BOOK 89 JUL 13 1993 13. COMMISSIONERS ITEMS,(cont5d. 1: C. COARAISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Property Purchase (memorandum dated June 25, 1993) 2. Engineering Services Contract and Work Authorization (memorandum dated June 25, 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, July 13, 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, July 13, 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. County Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Chandler requested the addition of Item 10, request of Willis Newbold for a hearing to appeal the termination of his employment with the County. Attorney Vitunac requested the addition of Item 12.B., discussion of the City of Vero Beach*electrical power lines. Chairman Bird requested the addition of Item 13.A., out -of - county travel authorization. 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 June 15, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board approved the Minutes of the Regular Meeting of June 15, 1993, as written. I L_ JUL 131993 BOOK 8 9 F ',k 'I) F 102 0 ' JUL 13 1993 BOOK 89 FnUF. 102 1 CONSENT AGENDA A. Received and Placed on File in the- Off ice- of Clerk to the Board: Report of Convictions, Month of June 1993 Report on Audit of the I.R.C. District School Board for FY Ended June 30, 1992 B. Florida Contraband Forfeiture Semi -Annual Report The Board reviewed the following letter dated May 4, 1993: May 04, 1993 Mr. Joe Baird, Budget Director Indian River County Administration Building 1840 25th Street Vero Beach, Florida 32960 RE: FLORIDA CONTRABAND FORFEITURE SENI-ANNUAL REPORT Dear Joe: Attached is the semi-anzival. report for the period ending March 31, 1993. If you have any questions or any further information is required, please let me know. P John GiNTAr, Captain Administrative Services Division ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously accepted the Florida Contraband Forfeiture Semi -Annual Report for the period ended March 31, 1993. 2 C---, C= ,up Z W FLORIDA CONTRABAND FORFEITURE SEMIANNUAL REPORT AGENCY INDIAN RIVER COUNTY SHERIFFS OFFICk —ORI # Semiannual Period Beginning October 1. 1992 Ending March 31, 1993 Beginning Balance Available for Appropriations Received from Law Enforcement Trust Fund $16Q,4fi6,Al Governing Body (fiscal year-to-date) $ 36,7-rin-fln Collections: (Pursuant to Ch.932 F.S.) Expenditures: (fiscal year-to-date) Sale Proceeds $ PART A Forfeited Cash $-lLALIM Interest Earned $—LI!IZM ProtractedlComplex Investigations $ Other Receipts (specify) $ Technical Equipment $ Technical Expertise $ Total Collections $__2jjfij..08 Matching Funds for Federal Grants $ Other Law Enforcement Purposes $ Disbursements: Uen Satisfactions $ PARTB* Storage, Maintenance School Resource Officer Program $ and Security $. Safe Neighborhood Program $ Agency FiDrIefture Costs $ Crime Prevention Program $ Court Costs -$ Drug Abuse Educadon.Program $1,250.00 Remittance to Law Drug Prevention Program Enforcement Trust Fund $L36z250- 00 Drug Treatment Program Total Disbursements $_36,250.00 Total Expenditures $ 1,250.00 Ending Balance Available for Appropriation Balance Law Enforcement Trusf Fund $_LrL4 178.29 pecal yeer-todate) $35,000.00 Pre�lous Fiscal Year's Total Collections: $ 97,182.99 * Note: Agencies that received -at West $15,oco pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15% of such proceeds for the support or operation of any drug treatment, drug abuse education, drug pmvention, crime prevention, safe neighborhood, or school resource officer pfogmm(s)." (items Rated In Expenditures - Part 8 above) Section 932.705(8)(a), Florida Statutes; as amended,1992, requires that, "Every law enforcement agency shelf submit semiannual reports to the Department of Law Enforcement Indicating whether the agency has seized or forfeited property under the Florida Contmband Forfeiture ACV FJVL 113 IF? BOOK 89 pg� 1093. U, C. Out -of -County Travel - Commissioner Macht, Cindy White, and Attornev Vitunac ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously authorized out -of -county travel for County Commissioner Kenneth R. Macht, Franchise Coordinator Cindy White, and County Attorney Charles Vitunac to attend the conference of the National Association of Telecommunications Officers and Advisors (NATOA) from September 8 through 11, 1993. D. Release Of Utility Liens The Board reviewed the following memo dated July 6, 1993: TO: BOARD OF COUNTY COMMISSIONERS ,-D - a n )i � 12 -54 FROM: Lea R. Keller, CLA, County Attorney's office DATE: July 6, 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. Unincorporated Area - North County Sewers Project FLOYD (2) 2. Satisfactions of Impact Fee Extensions HOPPER MITCHELL COUGHLIN HOLM ON NOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the releases of liens as listed above. SAID RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 0 E. Release of Utility Liens The Board reviewed the following memo dated June 25, 1993: TO: BOARD OF COUNTYOPOMKISSIONERS uo- 6u� P. 04� FROM: Lea R. Keller, CLA, County Attorney's Office DATE: June 25, 1993 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper . form for the Board of county Commission * era to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. ANITA PARK Water Project: ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the releases of liens as listed above. SAID RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 5 BOOK 89 PAF. 102 JUL 13 1993 PARKER 2. PHASE I Water Project: SCHNUR 3. PHASE II Water Project: MacDONNELL 4. 12TH STREET Water Project: KWASNIEWSKI S. SATISFACTION OF EXISTING IMPACT FEE EXTENSIONS: BROWN COLLUM DAUCHER KELLY TABLER KNIGHT MURCHIE (2) VELIE 6. COURTSIDE Water Project: CRAWFORD 7. ROCKRIDGE Sewer Project: EMANUEL BROOKS S. STATE ROAD 60 WATER G SEWER PROJECT: NEWTON (Maps E-3 and 11 - SO ERUs) ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the releases of liens as listed above. SAID RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 5 BOOK 89 PAF. 102 JUL 13 1993 JUL 13 HOK 89 FA G F. 10 2 -67 F. Release of Utility Liens The Board reviewed the following memo dated June 25, 1993: TO: BOARD OF COUNTY C01PNISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE: June 25, 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. A-l-A/North Beach Project: BRAHAM PELLETIER 2. BLUE CYPRESS Sewer Project: FLUHARTY GARRETT McCoy MURCHIE (3) 3. CITRUS GARDENS Water Project: GOODMAN 4. COURTSIDE Water Project: THOMAS WYNN, JR. 5. STH STREET Watek Project: DAUGHERTY, JR. 6. FLORIDACRES Water Project: VAN DER PUY 7. GLENDALE LAKES (2ND) Water Project: PZRRdTTA MCLOGAN S. GLENDALE TERRACE Water Project: YARRINGTON 9. PINEWOOD LANE Water Project: JUSTICE NORRIS 10. PHASE I Water Project: ASHLEY BEATTIE CAMPBELL DUBOIS HINKLE HUDDLE REUTER SMITH WARD WARDLOW D� 11. PHASE 11 Water Project: ECONOMOU GEE KINNAMON MAEGLIN MITCHELL MYERS, JR. NICHOLS ZORC (partial) 12.. OLD SUGAR MILL Water Project: BALDREE NORTHEY 13. ROYAL POINCIANK Water Project: DAUCHER 14. STATE ROAD 60 Water & Sewer Projects: HERON CAY/CHAKPION HOMES (4) 15. SUMMERPLACE Water Project: GARRETT (2) JONES JOHNS 16. 12TH STREET Water Project: BROSHOWSKI BROWN CONCETTA FLYNN KELLY KNIGHT LEGON III MOSHMAN PORTER WHITE 17. WOOD HOLLOW Water Project: ROBERSON ON MOTION by Commissioner Macht, SECONDED by commissioner Eggert, the Board unanimously authorized the releases of liens as listed above. SAID RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY G. Assignment of Warranty to County - Qra�nd Harbor Groundwater Storage Tank The Board reviewed the following memo dated June 28, 1993: 7 Liu L 131993 BOOK 89 pm")F.1029 3 -7 BOOK 89 PIUF 102 7 TO: BOARD OF COUNTY COMMISSIONERS U 3q��M FROM: Charles P. Vitunac, County Attorney DATE: June 28, 1993 RE: GRAM HARBOR - GROUNDWATER STORAGE TANK ASSIGN14M OF WARRANTY TO COUNTY The Development Order for Grand Harbor required that certain utility improvements be constructed. The subcontractor has issued a maintenance bond in favor of the contractor who is now assigning the maintenance bond to the County. The attached agreement is this Assignment and requires the signature of the Chairman to accept it on behalf of the Board. If for some reason the Assignment fails and there is warranty work to be performed, the contractor has agreed to enforce the maintenance bond according to its terms. REQUESTED ACTION: The Board authorize the Chairman to execute the attached Assignment. ON MOTION by Commissioner Macht, SECONDED by commissioner Eggert, the Board unanimously accepted the assignment of rights under maintenance bond, as recommended by staff. ASSIGNMENT OF RIGHTS UNDER MAINTENANCE BOND IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Cancellation of Outstanding Taxes - Properties Purchased for County Use. The Board reviewed the following memo dated July 1, 1993: 8 TO: BOARD OF COUNTY COMMISSIONERS M.-, k - *�� FROM: Lea R. Keller, CIA, County Attorney's Office DATE: July 1, 1993 RE: CANCELLATION OF OUTSTANDING TAXES PROPERTIES PURCHASED FOR COUNTY USE The County recently acquired some parcels of land and 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. Attachments: Resolutions (1) Calphrey B. Streetman et al. Property Acquisition for Landfill Expansion (2) B. C. and Jeanette St. Pierre Property Acquisition for Landfill Expansion (3) Charles W. Brooker et ux R/W - Oslo Road & Old Dixie Hwy. (4) Kennedy et al. & Kennedy Groves R/W purchase - 2 parcels - 45th Street (east of U.S. #1 to Indian River Blvd. IV) (5) Richard Tobin et ux R/W purchase - 41st Street (east of U.S. #1 to Indian River Blvd. IV) ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved Resolutions 93-114, 93-115, 93-116, 93-117, and 93- 118, cancelling taxes on publicly owned land, as recommended by staff. E. JUL 13 1go-') P F. 09 �,n BOOK 0 r'-JUL 13 MQ1 BOOK U -7 89 PvF102 Re: Landfill Property Acquisition 2 Parcels - ID #36-33-38-00001-0010-00001.0 ID #36-33-38-00001-0080-00001.0 RESOLUTION NO. 93-1 114 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 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 975, Page 1314, which was recently acquired by Indian River County for expansion of the County Landfill, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Ma r -h t - and the motion was seconded by Commissioner Eggp-rt , 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 13th day of July , 1993. Attest: Jeffrey K..Barton, Clerk- /e� 10 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /Richard N. Bird Chairman Re: Landfill Property Acquisition Parcel ID #25-33-38-00001-0120-00001.1 RESOLUTION NO. 93 -_IU 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 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 978, Page 1684, which was recently acquired by Indian River County for expansion of the County Landfill, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Macht and the motion was seconded by Commissioner Eggp-rt- , 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 .13th day of July , 1993. Attest: Jeffrey K. Barton, Clerk 7 11 I L 13 1993 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman Boa 89 F pp- j U L 13 19 93-11, Boa 89 FAU�F 103 1 -7 Re: R/W - Oslo Road & Old Dixie Hwy. nParcel #116 Pt of Tax ID #30-33-40-00000-3000-00013.1&18.0 BROOKER, Charles W. at ux RESOLUTION NO. 93-1 116 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.26, 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 976, Page 232, which was recently acquired by Indian River County for right of way purposes on Oslo Road and Old Dixie Highway, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner — Macbt and the motion was seconded by Commissioner 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 lIt-bday of Tl[i 131 , 1993. Attest: Jeffrey K�-Barton, Clerk 12 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman Re: R/W - 45th Street (East Of U -S- #1 to Indian River Blvd. Phase IV) 2 Parcels— Tax ID #23-32-39-00000-7000-00003.0 (Kennedy) Tax ID #23-32-39-00000-7000-00004.0 RESOLUTION NO. 93-_111 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDSr 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 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 reBOlUtion, 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 977, Pages 2718, 2720, 2722, and 2724, which was recently acquired by Indian River County for right of way purposes on 45th Street east of U.S. #1 to Indian River Blvd., are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Macbt- and the motion was seconded by Commissioner jFggprt- 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 13thday of July , 1993. Attest: Jeffrey K. Barton, Clerk 13 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman JUL 13 1993 BOOK 89 FnH 1032 F'"' -J U L 13 1993 Re: R/W - 41st Street (East of U.S. #1 to Indian River Blvd. Phase IV) TOBIN, RICHARD et ux Tax ID #25-32-39-00000-3000-00006.0 RESOLUTION NO. 93- 118 boa 8 9 F. 103 3 -7 A R11SOLUTION 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 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. Back 977, Page 1232, which was recently acquired by Indian River County for right of way purposes on 41st Street east of U.S. #1 to Indian River Blvd., are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Macht , and the motion was seconded by Commissioner -pggprt , 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 13tbday of July , 1993. Attest: Jeffrey K.,?aFton, Clerk .7 L 14 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman I. Recruest of Inez Sledge f or the County to Grade 58th Avenue North of CR -510 The Board reviewed the following memo dated June 30, 1993: TO: James E. Chandler, County Administrator CONSENT AGENDA FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request to Grade 58th Avenue North of CR510 REF. LETTER: Inez Sledge to Jim Davis dated May 14,, 1993" DATE: June 30, 1993 DESCRIPTION AND CONDITIONS FILE: SLEDGE.AGN Ms. Inez Sledge has requested that the County assume grading of 58th Avenue north of CR510. Staff has reviewed this request and performed the standard numerical evaluation of criteria for acceptance of grading'unimproved roads. Staff usually recommends that a minimum of 75 points be assigned to justify grading. RECOMMENDATIONS AND FUNDING Since the minimum of 75 points was metr staff recommends the addition of 58th Avenue North of CR510 be added to the grading route in North County. ON MOTION by Commissioner Macht, SECONDED by commissioner Eggert, the Board unanimously approved the addition of 58th Avenue north of CR -510 to the North County grading route, as recommended by staff. J. Indian River County Courthouse Project - Change Order No. 3 The Board reviewed the following memo dated July 2, 1993: is 13 1993 11) Boa 89 pr -F 1031 FF- JUL 13 1993 BOOK 89. PA -U,4035_7 DATE: JULY 21 1993 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEANt DI%C�TJOR S DEPARTMENT OF GENERAL S S SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT CHANGE ORDER NUMBER 3 BACKGROUND: This Change Order was generated to allow for a deduction to the contract. It covers an amount of direct purchases for materials and equipment made by the County in order to take advantage of not being required to paying sales tax. ANALYSIS: A total of 41,236,669.00 was paid to vendors for the materials and equipment. This equates to a savings on sales tax of $69,639.49 to the County. The new contracted price for the project is now reduced to $11,125,371.00. RECOMMENDATIONS: Staff recommends Board approval of this Change Order as presented and authorization for the Chairman to execute all documents. ON MOTION by Commissioner Macht, -SECONDED by Commissioner Eggert, the Board unanimously authorized Change Order No. 3 with James A. Cummings, Inc., reducing the total contract price to $11,125,371.00, as set forth in the above staff's recommendation. CHANGE ORDER NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 16 K. 1993-94 Tourist Tax Funds Budget Adjustment The Board reviewed the following memo dated July 7, 1993: TO: Members of the Board of County Commissioners DATE- July 7, 1993 SUBJECT: 1993/94 TOURIST TAX FUNDS BUDGET ADJUSTMENT - CONSENT AGENDA FROM: Joseph A. Bair OMB Director Ile Vero Beacb/Indian River County Chamber of Commerce has offered to reduce their 1993/94 approved tourist tax budget by $15,000 (from $273,000 to $258,000) and have it allocated to the Center for the Arts and Riverside Theatre for lawn maintenance. City of Vero Beach has offered to do -the lawn maintenance for both the Center for the Arts and Riverside Theatre at a maximum annual cost of $23,000. This $8,000 difference could only be funded if we reduced the 1993/94 Tourist Tax contingency amount by $8,000 ($4,000 from District I and $4,000 from District ED. Recommendation Staff recommends that the Board of County Commissioners approve $23,000 for the Center for the Arts and Riverside Theatre lawn maintenance to be funded from the 1993/94 Tourist Tax funds as set forth above. ON MOTION by Commissioner Macht, SECONDED by commissioner Eggert, the Board unanimously approved $23,000.00 for lawn maintenance at the Center for the Arts and Riverside Theatre to be funded from the 1993/94 Tourist Tax Funds, as set forth in the above staff's recommendation. PUBLIC DISCUSSION - REQUEST FROM REPRESENTATIVES OF 35TH AVENUE TO SPEAK REGARDING WATER LINES AND WORX PERFORMED The Board reviewed the following memo dated July 6, 1993 and letter dated June 28, 1993: 17 JUL 13 1993 BOOK t,JF103 r- 8 9 P'� " -7 JUL 13 1993 F1037 DATE: JULY 61 1993 TO: JAMES E. LER COUNTY ADM INI STRATOR FROM: TERRANC G.JPI D CT S ICES STAFFED AND PREPARED BY: H%.e !D &T P.E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN,, PHASE II IRC PROJECT NO. UW -91 -14 -DS RESIDENTS OF 35TH AVENUE COMPLAINT BA= --GROUND: The subject assessment project to provide water service to approximately 1,,416 parcels and lots (including 35th Avenue) is currently under construction. The project includes water to residents of 35th Avenue, north of 4th Street. A complaint signed by some 14 residents of 35th Avenue has been received.(see attached). The complaint centers around the fact that driveways and lawns are being torn up,, and that homeowners are being charged again for restoration of driveways and lawns which were previously paid for through a petition -assessment road paving project which was completed in aid -1991. AN—ALYSIS: Bids received and contracts awarded for the Phase II Project (5 contracts) -show a total of 1,778 L.F. of paved drive restoration at a cost of $28,842.00 ($16.25/L.F.), and 44,632 L.F. of sod restoration at a cost of $56,132.70 (approximately $1.25/L.F.). This amounts to approximately $60.00 per lot. The larger lots and parcels would pay a higher -percentage of the cost in conformance with the assessment process. All restoration costs are included in the project, to be shared by all participants; these costs are not assigned to particular lot owners, but against everyone, including those persons with no paved driveway,, and those persons whose driveways are not affected by the construction. In addition to the above, everyone has paid for his/her driveway, whether it be in a special assessment or included in the purchase price of the property. The owners of 35th Avenue properties are not the only ones who have paid for driveways and lawns. An alternative of cutting driveways would be to bore under them. This is a phase of construction which we have recently turned to, but the cost of boring 60 pipe under driveways is abput $30.00/L.F., whereas the cost of cutting and restorating driveways in this project is approximately $16.25/L.F., based on actual bids. RECOMMENDATION: The Department of Utility Services recommends denial of the request to delete certain restoration costs (driveways and lawns) from the assessed costs of the 35th Avenue petition. 18 M M M Hand -carried in by DIST-IBUT!ON LIST Steve DuPlessis CC. Adm-nis.-trale, 7.4, 1M 4, Attorney Coinity Commission Pers3nnel Indian River County Public Works Vero Beach, FL 32 6 % Community Dev. Utilities Dear Commis i ers, 016 Finance We, the residents ofthe 400 and 500 blocks of35th Avenue, would like ffbffn the. following information and facts. Approximately three years ago, the county assessed us for having our street paved. 1jese assessments included Pavedaprons,culverts, grass, and the pavingoftheroad. Because ourstreetfaces; a canal, we were charged more dm if there were homes on both sides of the sheeL At the time the road was paved, we made it lmown that we felt t6i job that was done was not of good quality. This =te obvious when almost every step, beginning with the basic preparation, had to be redone. The had to be dug again, the culverts removed and relaid, sod removed and relaid, and ground lowered and leveled. Almost immediately after completion, the asphalt began, cracking. When the sod had been laid, heavy equipment dropped large quantities of off on the road. 11roughout this whole process we expressed our dissatisfaction. Just this week, one of the sub -contractors stated that the road had been done improperly and should be redone. He was amazed when he discovered the road is only two years old- considering its shape and deterioration. All this to lead to the fact that this week our lawns were tom up, water pipes laid, and the road was fiwther damaged. In several yards, the pavement is damaged to the point that as much as six inches ofthe edge ofthe road has completely broken apart and fallen away. The aprons have been brokerimp and carried off, and the gri ss has been totally destroyed. We have been told that the amount required for replacement was figured in our water assessments. However,just two years ago, we were charged for aprons and grass. At the time the paving was planned, residen attended a commissioners meeting and asked that paving be delayed to avoid these very problems. The request was denied. We, the residents of 35th Avenue (blocks 400-500) are very upset and feel that being charged twice for grass and concrete aprons is unjust and unethical. We therefore petition that we be reassessed minus the expense of grass and aprons (including labor), for which we have alrwdy been charged. JUL D 1993 b '5 , !��fpqe_ S ch ,el7j— G Wckx a. -r9S- 18 A Boa 89 F�nF103 8 J U L U1. 8 9 0 3 Steve DePlessis, 545 35th Avenue, and Dee Puffer, 475 35th Avenue, distributed the following information to the Board: The purpose for this hearing is to inform the county commissioners that the residents of 35th Avenue feel it is unjust to be charged for the'expenses incurred by the replacement of driveway aprOTis and sod during the installation of county water pipes. As residents, we were already charged for the aprons and sod when the road was paved. We believe it is a flagrant violation of justice to charge us again for these ex�enses. This is our chief complaint, but below are othir grievances we have experienced during the construction on oUr street: 1. At the time -of discussio we asked for a delay so the could be done at the same ti road was scheduled, it could 4 - 2. We are very concerned th replacing our driveway apron! wrong.. We also would like a or will be placed on our prol of the road being paved, aving and water installation e. We were told that once the not be stopped. t we are being charged again for and the sod. This seems very explanation why liens have been erties. 3. The Present damaged condition of the road is due to the contractor and'crew's lack of preventive measures in using heavy equipment. The original condition cannot be achieved by simply Patching. Resurfacing will be necessary to return it to the original cordition. We feel that this should be done at the contracitor's expense. 4. Driveways'have not been Most have been replaced "clo However, since the red paint job was completed, this coul aprons are uneven where they much as six inches from the have been told this space wi the edge of the street. turned to original condition'. of to the original angles. markings were done after the be expected. The replaced eet the pavement. Some are as ge the original pavement. We be filled in to connect it to 5. Dirt was -hauled away from the tops of the swells when the workers were told it was not needed, simply to be hauled back a few days later. The dirt hauled in was filled with shells and rocks. After the aprons were poured, leftover concrete was poured beside the aprons. We have been told that it will be busted up and removed. 6. Drainage was properly eng neered when the road was paved, resulting in the proper remov�l of rainwater. At this point, no one seems to think this matters and some of the pip4s leading water to the canal are covered. In the past few weeks * , the small amount of rain we have had has stayed in the swells. 7. We are concerned whether the properties will be torn up again in a few years for the installation of sewer lines. Mr. DePlessis distributed photographs of 35th Avenue and two small plastic bags of fill dirt. He explained that the first bag contains a sample of the good fill dirt that the contractor removed and hauled away. The second bag contains a sample of the gravel, sand, shell, and pieces of broken concrete and asphalt that the 19 contractor is using to replace the good dirt. The photographs depict the condition of the road before and after this project was started. Mr. DePlessis reported that the paving and drainage project included well -engineered ditches and swales that enabled rain water to f low into 3 large culvert pipes and then into the canal. The drainage was excellent before the water line project was started, but now the ditches and swales are packed with dirt. A fire hydrant has been placed near the middle of a ditch, and when the contractor pours a concrete slab around the fire hydrant, Mr. DePlessis predicted that it will dam up the water. The residents are concerned that drainage problems will occur in the hurricane season. The pavement on this 2 -year-old road has been damaged by the contractor, and the driveways and aprons have not been returned to their original condition. Mrs. Puffer commented that she followed the contractor f s truck to find out where the driver took their fill dirt. The first time she followed him, he took it to Mike's Garage. On another occasion she followed him around Vero Beach for 1-1/2 hours, and he finally lost her by going the wrong way on Twin Pairs. It was obvious to her that he wanted to lose her so she would not know where he took their fill dirt. commissioner Macht reported that he.visi.ted the site, and he agreed that the contractor has been careless. He suggested that staff investigate the situation and report the findings to the Board. Utility services Director Terry Pinto explained that 35th Avenue is part of a major utilities project for which the contractor was required to post a large bond. Prior to construction, staff videotapes all affected areas to demonstrate the condition of the roads. Many times residents of the neighborhood have their own videotapes and photographs. Before the project is finalized, the contractor is required to restore the road to its original condition or better. Staff requires the contractor to properly maintain the streets during construction, but we cannot force him do the final repairs until the end of the project. This project will be finished in approximately six weeks. Mrs. Puffer explained that the residents were afraid the problems would not be corrected if they waited until the project was completed to register their complaints. Mr. DePlessis had a videotape of 35th Avenue with him, but the BCC decided that it would not be necessary for them to view it at this time. commissioner Tippin urged County staff to inspect all of these projects regularly because these problems seem to occur too often. 210 ArF BOOK 89 F,wJJ040* JUL 13 1993 JUL 13 19,91, BOOK 89 F'nFI041 -7 Director Pinto explained that the job is inspected every day by staff and the consultant, but the contractor is unresponsive to complaints. When the project is completed, we have the ability to demand that the problems be corrected, or use the contractor's bond money to make repairs. Commissioner Eggert felt that problems such as the fill dirt should be taken care of immediately, rather than waiting until after the project is completed. commissioner Adams agreed that problems should be discussed with the contractor before the end of the project. She stressed that contractors'need to know what is expected of them, and those who do not perform to our expectations should not be given an opportunity to bid on jobs in the future. She was disappointed that the contractor did not send a representative to participate in this meeting. Director Pinto's understanding was that the primary purpose of this meeting was to discuss the timing of the projects. Had he known the residents were going to bring up problems about the workmanship, he would have asked the contractor to attend this meeting. Lurinda Durfee, 505 35th Avenue, indicated that the main reason the residents were here today was to communicate to the Board that the residents do not f eel it is f air to be charged twice for the same work. The County assessed the property owners a large amount money for the paving and drainage project because there are no homes on the opposite side of the street. The County knew that a utilities project was planned for that street. She contended that the residents requested the County to delay the paving and drainage project until after the utility lines were in place, but the request was denied. Now the County plans to charge the residents for the cost of repairing the driveway aprons and for replacing the soil and sod. Some of the people in the neighborhood work two and three jobs to support their families, and this is placing a tremendous burden on them. She wanted the Board's assurance that the cost of replacing the driveway aprons and sod would be deducted from the assessment. Director Pinto explained that the residents would have had to petition for utilities at the same time as they petitioned for paving in order for the projects to have been done at the same time. However, it creates a greater burden on property owners if they are assessed for all the improvements at the same time. 21 M . M M Mr.- DePlessis contended that the residents asked for a delay in the paving project because they knew that water would be coming into the area within a few years. After learning that the project would not be delayed, they contacted the road and bridge department and asked if something could be placed under the concrete driveways so they would not have to be torn up when the utility lines were installed. The residents even offered to buy pipe to place under the driveways. They were totally ignored on the whole subject. He felt that a lot of this could have been prevented with proper communication between County departments. Mrs. Puffer commented that most of the residents on 35th Avenue have just moved there within the past few years. The original petition to have the road paved was submitted by the previous homeowners, who have since sold their homes and no longer live in the neighborhood. The new homeowners were denied their request to delay the project. commissioner Eggert asked, and Director Pinto responded that it will be about ten years before the County extends the sewer lines into that area. Commissioner Adams felt that the County should make more of an attempt to coordinate utilities and paving projects. She realized that it is not possible to coordinate every project, but communication should be established between the public works and utilities departments. There was further discussion, and Director Pinto agreed that the ideal situation is to install utilities before the roads are paved. However, that is not -always possible. Administrator Chandler noted that the County is able to coordinate more of these projects as utility lines are installed in more areas. Mrs. Durfee reminded the Board that the main reason the residents requested this discussion was to discuss reduction of their assessments, and that issue has not been addressed. Director Pinto explained that a utilities assessment is based on the total cost of a project. If the assessments are reduced for the residents of 35th Avenue, all the other assessments would have to be increased. The only other way to reduce an assessment would be to find the money somewhere else. Commissioner Adams directed staff to calculate the actual cost of replacing the driveway aprons and sod on 35th Avenue and present the information to the Board for further consideration. 22 A f, J 13 1993 BOOK 89 F-�'UF 104 2 UP L r- J U L i a" 1993 I BOOK 89 F,�� -7 GF104-3 Director Pinto cautioned that many residents throughout this project had driveways before this utility project was started and will be assessed f or the cost of repairing their driveways when the utility lines are installed. commissioner Adams pointed out that this situation is different, because the County made a decision to pave the road and driveways on 35th Street, even though the residents asked for the County to postpone the project. Chairman Bird assured the residents that the County will follow up on their complaints about the contractor's poor workmanship. The County might be able to grant some relief on the additional costs of replaci ng sod and aprons, but Chairman Bird was opposed to passing those costs on to the other property owners. He indicated to the residents that the Board would invite them to a future Board meeting to discuss the matter further af ter those costs have been identified. Mrs. Puffer described the problem she encountered since this lien was placed on her property. She needs a new roof, but she is unable to get a home improvement loan until the lien is paid. Administrator Chandler reported that the actual amount of the lien is determined after the project is completed. If a resident applies for a home equity loan while the project is pending, the title company identifies the potential lien that will result from the final assessment. Attorney Vitunac advised that liens are the basis for funding the project and are attached to the property upon adoption of the third resolution. Home equity loans are subordinate to the assessment liens. He advised that a resident could place money in escrow and the County could then satisfy the lien. Mrs. Puffer related that if she had the money to do that, she could afford a new roof without taking out a home equity loan. Commissioner Adams f elt that this is an undue hardship f or these property owners. Director Pinto stated that it did not make sense f or the lender to take such a position. Home equity loans are subordinate to County liens even when they are taken out prior to the assessment. Attorney Vitunac advised that the County has the power to enter into a subordination agreement with the lender. Commissioner Eggert suggested that staff research the policy of the majority of the lenders in our community. - A unidentified woman commented that the right hand of the County does not seem to know what the left hand is doing. 23 M - M W Chairman Bird thanked the residents for bringing these items to the Boardfs attention. PUBLIC HEARING - PROVIDING FOR INSTALLATION OF T -TURN AROUNDS AND CLOSING OF PORTIONS OF 12TH AVENUE BETWEEN 4TH PLACE AND STH PLACE The hour of 9: 05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as f ollows: 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 F 1� WAIM AM In the matter of I- in the lished In said newspaper In the Issues of_ 6a V Court was pub- Afflant 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 of I ice 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, I irm 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 J'49 day of A.D. 19 JZ (Business Manager) (SEAL) P J U L '13 1993 24 NOTICE-44)BLIC HEARM T of hea= to C0nskW the Installation of _*" MmdcV of 12th Averma between 4th Sth = Wb - -Tth.is -We - =PW % �Z_d "V-Su"b Wan d1vWon, on ft east Man Rim Water C0*01 E) wd is b. cated between S#W and 6ftth The sub - rmperty DOS In the V4 of Sao - n 14, Townsh1p 338, Ranp ME, OV and b&V In Man Rfm County, Fbt& pub9c hemkq at wmch paydes In s,jan;s, and dOWns SM have an opporbift to be hewd, w3 be hold by the Bowd of Cotinty CmnMwm of kdan fter Cotaity, Flodda, In the ft" Connis. aim amnibers of ft Cc" Adn*�ft &IF& Ing, located at 1840 25th Street, Vero Beaoh, Flor- Ids on Ttiesday, July 13, IM at 9:05 AK Anyone who needs a sPeclal a=mmodatlon for ttds 111806 must Contact the =wty's Amatens with DLWWtbs Act (ADA) Cwdlnkor at 667 - SM. extension 408 at beat 48 hmn In advance of"Meth . J. " . Mien Rim Cotmtv Board of Cowq0xiviftsime JLwm 29.1993 1011145 807 I y , I Bou 89 1044/ JUL A 1993 Bou 89 Fird04677 The Board reviewed the following memo dated June 24, 1993: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer PC FROM: hfichelle A. Gentile, C.E.T. Civil Engineer SUBJECT: Public Hearing Providing for the Installation of T -Turn Arounds; and the Closing of Portions of 12th Avenue between 4th Place and 5th Place DATE: June 24, 1993 DESCRIPTION AND CONDITIONS On May 11, 1993 the Board of County Commissioners directed staff to hold a public hearing to close off portions of 12th Avenue as shown on the attached map and if approved, make improvements along the 12th Avenue corridor to affect the closing. A Notice for the Public Hearing and a location map were published in the Vero Beach Press Journal on June 29, 1993, and homeowners whose property abuts this right-of-way were notified by regularmail. RECOMMENDATION & ELIMDING Staff recommends the Board of County Commissioners approve the resolution providing for the installation of T -turn arounds and the closing of portions of 12th Avenue between 4th Place and 5th Place, with changes, if any, made after input at the July 13, 1993 Public Hearing. IMe total cost for these improvements is estimated to be $15,578.16. Funding would come from the Road & Bridge Fund No. 111-214-54 1. Public Works Director Jim Davis explained that the County received a petition to pave a portion of 12th Avenue between 4th Street and 6th Street. The west side of the street is a platted subdivision, and the east side of the street is an Indian River Farms Water Control District canal. The assessments would be about twice as high as normal because there are no individual ly-owned lots on that side of the street. All the lots on the west side of the street have double frontage with other east -west streets, and staff determined that portions of 12th Avenue could be closed off in lieu of an assessment project. Staff discussed this with the property owners, and all of them are agreeable to this plan, which will save money for both the County and the property owners. 25 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 93-119, providing for the installation of T-turn-arounds and the closing of portions of 12th Avenue between 4th Place and 5th Place, as recommended by staff. RESOLUTION NO. 93- 119 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE INSTALLATION OF T -TURN AROUNDS AND THE CLOSING OF PORTIONS OF 12TH AVENUE BETWEEN 4TH PLACE AND STH PLACE. Whereas, it has been determined that it is in the public interest to install certain T -turn arounds and consequently abandon portions of 12th Avenue between 4th Place and 5th Place; and Whereas, the procedures for such actions are governed by Sections 177.86, 336.09, and 336.10 of the Florida Statutes; and Whereas, notice of public hearing was given as required by law, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. T -turn arounds shall be installed as shown on Attachment "A". 2. When the T -turn arounds are installed that portion of 12th Avenue between 4th Place and 5th Place, as shown in Attachment "A"F shall be closed to all traffic. 3. The County shall continue to hold and maintain the right-of- way for 12th Avenue. The resolution was moved for adoption by Commissioner Carolyn K. Eggert and the motion was seconded by Commissioner -John W- Tfl2pin , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye �xl U r. JUL 13 1993 89 Fn- 104 -6 JUL BOOK 89 104 7 -7 The Chairman thereupon declared the resolution duly passed and adopted this 13th day of Jul 3z , 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY$ FLORIDA 2 ' e By_ Attest Ri6hard N. Bird Chairman Jeffrey K Barton, Clerk fW 411! ?/ T zy eoZz 'Wt�/ , EMPLOYEE TERMINATION APPEAL The Board reviewed the following memo dated July 8, 1993: TO: Board of County Commissioners DATE: July 8, 1993 FILE: SUBJECT-. Newbold Appeal I//am'aes E. Chandler FROM - Cou S REFERENCES: County Administrator Attached is a request for a Board hearing of an appeal of an employee termination. The request is to appeal my decision, resulting from a July 1, 1993 hearing, to uphold the department's termination decision. At the July 13, 1993 meeting, it is requested the Board set a date and time for the hearing. The Administrative Policy Manual provides that the hearing will be within 30 days. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously scheduled a hearing for Wednesday, August 4, 1993, at 9:00 a.m. for Willis Newbold to appeal the termination of his employment. -1 27 AWARD BID #3101 - OSLO ROAD WATER MAIN The -Board reviewed the following memos dated June 29, 1993 and June 17, 1993: DATE: June 29, 1993 TO: BOARD OF COUNTY CONXISSIONERS THRU: James E. Chandler,, County Administrator H.T. nSonny" Dean, Director Department of General Servi4f FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #3101/Oslo Road Water Main Utilities Department --------------- --------------------------------- BACKGROUND INFORMATI Bid Opening Date: JUne 9, 1993 Advertising Dates: May 19, 26 & June 2, 1993 Specifications Mailed To: Thirty Three (33) Vendors Replies: Five (5) Vendors Tri -Sure Contractdrs Auburndale, FL Derrico Construction Melbourne,, FL Speegle Construction Cocoa, FL Erskin Fl. Prop. Ft. Pierce, FL. JoBear Palm Bay Fl. DID TABULATION CORRECTED BXD_TOT $829,446.00 $884,735.00 $890,000.00 $969#330.00 * $1,011,144.00 $11095j830.00 $1,009,594.00 Asterik represents mathematical errors made by vendors on the original tabulation, the totals in the right column are corrected totals. (Attached Department Spreadsheet) TOTAL AMOUNT OF BID: SOURCE OF FUNDS: BUDGETED AMOUNT: RECONEMATION:' $829,446.00 Work in Progress Oslo Road and 1-95 $829,446.00 Staff recommends that the bid be awarded to Tri -Sure cpMoration of Auburndale as the lowest, most responsive and responsible bidder meeting specifications as set forth in the specifications 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. 2S BOOK 89 i�A,IJF104 �8 JUL 131993, 1 Fr- . JUL 13 1993 DATE: JUNE 17, 1993 TO: FRAN POWELL PURCHASING MANAGER THRU: HARRY E. ASHE ASSISTANT DIR%E<rOR �OF UTILITY SERVICES FROM: ROBERT 0. WISEMEN, P.E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: OSLO ROAD WATER MAIN UW -9228 -DS BID NO.*3101 BOOK 89 m_;Ir-.1041. Based on the review of the submitted bid, qualification of the lowest bidder and bid tabulation, the Department Of Utility Services recognizes that Tri -Sure Corporation of Auburndaler Florida is the most responsive, responsible and lowest bidder. The adjustment to the f inal estimated cost was necessitated from the additional costs ' of culvert crossing items associated with uncertain fluctuation of the groundwater table during construction in south county. These additional items were generated after the budget requisition had been processed. The received bid is $829,446.00. it has been tabulated and determined to be in reasonable price. Therefore, it is recommended that the construction contract be awarded to Tri -Sure Corporation, -based upon the total bid proposal of $829,446.00. If you have any questions or comments, please contact this office at Extension 382. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid #3101 for the Oslo Road Water Main to Tri -Sure Corporation of Auburndale in the amount of $829,446.00, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD INDIAN RIVER BOULEVARD, PHASE IV - CHANGE ORDER NO. I - DICKERSON FLORIDA, INC. Public Works Director Jim Davis presented the following memo dated July 6, 1993: 29 TO: James E. Chandler County Administrator THROUGH: James W. Davis, P E. Public Works Dire�tor FROM: Terry B. Thompson, P. E.��45< Capital Projects Manager SUBJECT: Indian River Boulevard, Phase IV Change Order No. 1 DATE: July 6, 1993 DESCRIPTION AND CONDITICNS The Contractor f or Indian River Boulevard Phase IV, Dickerson Florida, Inc., has encountered some unsuitable sails within the road profile. These isolated areas of unsuitable soils were not discovered by the geotechnical firm during project design. Additional embankment material will be needed to replace excavated unsuitable soils. The attached Change Order No. 1 provides for 4500 C.Y. of subsoil excavation and 4500 C.Y of embankment at the contract unit price established in the bid proposal. Payment will be based on actual quantities measured in place. The remainder of the items on Change order No. 1 deal with revisions to drainage, installation of conduit and water proofing df -the Grand Harbor Golf Cart Tunnel. The drainage revisions are a result of redesign an 41st Street to increase the volume of flow through drainage from west of US 1. The City of Vero Beach will reimburse the County for conduit installation and the cost of sealing the Golf Cart Tunnel will be paid for out of the escrow account established by Grand Harbor for tunnel construction. ALTERHATI"M AND ANALYSIS The alternatives are as follows: Alternative No. 1 Authorize Change order No. 1 in the amount of $60,084.38. This would result in a revised contract amount*of $3,513,765.9e. Alternative No. 1 Deny authorization of the Change order and re -negotiate. ---NNZNMTI0NS AND PUNDING Staff recommends that Change Order No. 1 be approved. Funding is from Account 309-215-541-066.51, Indian River Boulevard, Phase IV, construction in progress. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Dickerson Florida, Inc., Change Order No. 1 in the amount of $60,084.38, as recommended by staff. CHANGE ORDER NO. I IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 30 JUL 13 1993 APE DO BOOK 89 F111-) 101�- r- J Ul 13 19 9 3 BOOK 89 105 1 U . AWARD BID #30-88 - ROUND ISLAND PARK IMPROVEMENTS Public Works Director Jim Davis presented the following memo dated July 6, 1993: TO: James E. Chandler, County Administrator THROUGH: H.T. "Sonny" Dean General Servicse DireAt Fran Boynton Powell Manager, Purchasing Man'diger FROM: Terry B. Thompson, P.E;,, Capital Projects Manag4 POO" SUBJECT: Award Bid # 30-88/Round Island Park Improvements DATE: July 6, 1993 FILE: riaward.agn BACKGROUND INFORMATION Bid Opening Date: April 28, 1993 Advertising Dates: April 2, April 8, 1993 Specifications Picked -up by: Seventeen (17) vendors Bids Received: Four (4) vendors VENDOR Speegle Construction, Inc. Cocoa, FL. Hunley-Hubbard Vero Beach, FL. Barth Construction Vero Beach, FL. Florida Design Irrigation, Inc Lake Park, FL. BID TABULATION $ 351,452.83 $ 368,344.42* CORRECTED BID TOTAL $ 368,344.41 $ 381,027.08* $ 381,027.27 $ 393,409.52* $ 392,909.52 *Asterisk represents mathematical errors made by vendors on the original bid tabulation, the totals in the right column* 'are corrected totals. In addition to the base bids listed above, four alternates were included in the bid proposal for this project as follows: Alternate "All (Two (2)Picnic Pavilions) Speegle Construction, Inc. $13,000.00 Hunley-Hubbard, Inc. $30,459.36 Barth Construction $27,669.00 Florida Design Irrigation, Inc. $21,800.00 "B" 91C19 "D's (Parking Lot (Shorten (Lima roc k Base a Lighting) Boardwalk) Asphalt Surface Coarse) $ 6,500.00 $(19,540.00) $ 95,073.50 $ 7,157.95 $(16,680.00) $ 87,033.84 $ 7f915.74 $(20,065.80) $ 95,208.90 $ 5,700.00 $(19,045.00) $ 89,020.35 31 The County accepted grants to fund this project from the Florida , Boating Improvement Program (FBIP) in the amount of $150,000 and the Florida Inland Navigation District (FIND) in the amount of $130,000 for a total of $280,000. There is currently an unobligated balance of $96,141.24 in FBIP funds that are available for thd County's use. These additional FBIP funds bring the total available funding up to $376,141.24. Attached for your consideration is the Contract Agreement in the amount of $351,452.83 and Change Order No. 1 which reduces the contract amount to $345,333.83. Change order No. 1 includes a*$38,593.00 deduct for a scaled down bathhouse. The size of the bathhouse was reduced so that some of the items from the Alternates could be included in the project scope. The asphalt surface course is not included in the contract total. Asphalt will be placed under an annual open end contract for approximately $15,000. This added to the $345,333-83 contract amount brings the project total to $360,333-83. RECOMMENDATIONS AND FUNDING Staff recommends that the bid be awarded to Spoegle Construction, Inc. as the lowest, most responsive and responsible bidder. In addition, staff requests that the Board authorize the Chairman to execute the Construction Contract in the amount of $351,452-83 and Change Order No. 1 which reduces the Contract amount to $345,333-83, when all requirements are met and approved as to form by the County Attorney. Staff will prepare an amendment to the FBIP project agreement for additional funding. Funding to be from Account 001-.210-572-066.51. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert, to award Bid #30-88 to Speegle Construction, Inc., in the amount of $351,452.83 and Change Order No. 1 which reduces the contract amount to $345,333.83, as recommended by staff. Under discussion, Commissioner Macht suggested that the Recreation Department, the Parks & Recreation Committee, and the Land Acquisition Advisory Committee discuss whether some of the environmental lands the County plans to acquire have recreational possibilities. Commissioner Tippin wanted to see preference given to local contractors over out -of -county contractors whenever possible. Attorney Vitunac explained that the County has consistently selected qualified contractors who come in with the lowest bid. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. CONTRACT AND CHANGE ORDER NO. 1 ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD W-1 BOOK 89 ?AcF 105 2. JUL 13 1993 JUL 13 1993 BOOK 89 FA -GE 105 3. AGREEMENT TO FURNISH ECONOMIC AND FINANCIAL CONSULTING SERVICES TO INDIAN RIVER COUNTY Utility Services Director Terry Pinto presented the following memo dated July 6, 1993: DATE: JULY 6, 1993 TO: JAMES E. CHANDLER COUNTY ADMINIS NTO FROM: TERRANCE G. PI :7; C, DIRECTOR OF UTILI ES STAFFED AND PREPARED BY: HARRY E. ASHER ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: AGREEMENT TO FURNISH ECONOMIC AND FINANCIAL CONSULTING SERVICES TO INDIAWRIVER COUNTY BA=__GR0_UND: On March 31, 1993, the Department of Utility Services received eight responses to its Request for Proposal 3081, to provide utility financial/rate consulting services. The selection committee selected four firms for interview. On May 6, 1993, the selection committee interviewed the four firms and ranked the firms as follows: 1) CH2M Hill, 2) Brown and Caldwell, Inc., 3) Black and Veatch, 4) Burton and Associates. ANALYSIS: On May 18,, 1993, the Board of County Commissioners- authorized the Department to negotiate a contract with the first -ranked firm of CH2M Hill, with each task under the contract to be negotiated independently. The Department of Utility Services has negotiated the attached Agreement with CH2M Hill to provide the economic and financial consulting services as required. Individual tasks will be negotiated independently and presented to the Board of County Commissioners on an individual basis. RECOMMENDATION: The Staff of the Department of Utility Services recommends the Board of County Commissioners approve the attached Agreement to Furnish Economic and Financial Consulting Services to Indian River County and authorize execution of the Agreement. Director Pinto explained that we have already gone through the selection process. This is simply the approval of the agreement. The agreement can be cancelled without cause by either party upon 30 days' notice. 33 Commissioner Adams asked what services will be provided under this agreement. Director Pinto responded that this contractor will determine whether we should charge for reuse water, analyze our impact fee structure in relation to the new master plan, and advise us on specific rates for septage and sludge treatment. Individual task orders will be presented to the Board for approval. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Macht, the Board unanimously approved the agreement with CH2M Hill to furnish economic and financial consulting services, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD GENERAL DEVELOPMENT UTILITIES, INC., WATER AND SEWER RATE INCREASE Utility Services Director Terry Pinto reviewed the following memo dated July 6, 1993: DATE: JULY 61 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI SERVICES CTY STAFFED AND PREPARED BY: CINDY E. WHITE FRANCHISE COORD90ATOR DEPARTMENT OF UTILITY SERVICES SUBJ CT: GENERAL DEVELOPMENT UTILITIES, INC.j, WATER AND SEWER RATE INCREASE REQUEST REQUEST TO SET PUBLIC HEARING DATE BACKGROUND: On May 18, 1993, the Board of County Commissioners approved an agreement with Rachlin & Cohen of Miami,, Florida, to review a water and sewer rate increase package from General Development Utilities,, Inc. (GDU),, which was received in this office on May 3,, 1993 (see attached agenda item). If approved, an average bill for residential customers in the Indian River County GDU franchise area will increase approximately 81.5% for water and 155% for sewer. A public hearing must be held within 90 days after f iling of the rate increase request, per the requirements stated in Franchise Resolution 8-3-109 (excerpt attached). 34 UL 13 1993 BOOK 89 PACE1051 JUL 13 lqql ANALYSIS: 1) -7 boa Pm, F1055 Rachlin & Cohen is currently reviewing Indian River County/GDU records to determine the feasibility of this rate increase request. This review will be completed by July 12, 1993, and the results will be presented at a public hearing before the Board of County Commissioners. On June 28, 1993,, GDU submitted a response to correspondence dated June 17, 1993 (both letters attached), in which the Utilities Department requested to hold the required public hearing during the first week of September. In their response, GDU agreed to a public hearing date no later than the last week in August. Within 60 days after the public hearing, the Board of County Commissioners must issue a decision as to whether the rate increase request should be approved or disapproved. RECO-M—MMMATION: The staff of the Department Of Utility Services requests that the County Administrator set a public hearing date of August 24, 1993 (the last available County Commission meeting date in August), in order to meet the 90 -day time frame established in Resolution 83-109. The results of the Rachlin & Cohen study will be presented at this hearing in order to assist the Board in making a decision by September 15,, 1993, whether to approve or disapprove the requested rate increase. The public hearing will be properly advertised in the P-ress-Journal, in accordance with Resolution 83-109. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously agreed to schedule a public hearing date of August 25, 1993, at 7:00 p.m. on the proposed rate increase of General Development Utilities, Inc. Director Pinto advised that staff is considering the possibility of purchasing the utility, in which case the public hearing on the proposed rate increase would be cancelled. WATER SERVICE TO 102ND TERRACE AND 99TH WAY - RESOLUTIONS I AND II The Board reviewed the following memo dated July 6, 1993: 35 DATE: JULY 6, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHAST F A AS AND STAFFED MANAGER 0 SS NT PROJECTS BY: DEPARTMENT OF 4171Y SERVICES SUBJECT: WATER SERVICE TO -102ND TERRACE AND 99TH WAY INDIAN RIVER COUNTY PROJECT NO. UW -92 -35 -DS RESOLUTIONS I AND II BACKGROUND On August 4, 1992, the Board of County Commissioners of Indian River County unanimously authorized staff to proceed with engineering for the design of the extension of utility lines on C.R. 512 from the Sebastian Middle School to 1-95 to be funded through impact fees, and the design of utility lines for 102nd Terrace to be funded by assessment� On March 9, 1993, Resolutions I and II were approved by the Board of County Commissioners, and a public hearing set for April 27, 1993 was subsequently cancelled due to a necessary review of the urban service area and commercial node boundary, property outside of which was removed from the assessment. Design service is again under way, and we are ready to resume the assessment process associated with this project (see attached agenda item and minutes). ANALYSIS Attached are Resolutions I and II for the assessment project. Ten properties will benefit from the service on 102nd Terrace and 99th Way. This project is to be paid through the assessment of properties benefitting along the proposed water line routs. In the interim, financing will be through the use of impact fee funds. The total estimated construction cost, including engineering and administration of the project, is $165,810.00, which is the amount to be assessed. The projected cost per square foot is $0.068874. The attached map displays the area to benefit from the assessment project. A portion of the construction of this project shall be through a developer's agreement with Macho Products, which will be submitted to the Board of County Commi.ssioners for approval in July 1993. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions and set the public hearing date. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 93-120, providing for water main extension to 102nd Terrace and 99th way; and Resolution 93-121, setting a time and place for the public hearing, as recommended by staff. 3'6 JUL 13 1993 BOOK 89 PA -UF. 1059 J U L i BOOK 89 PAGF1057 RESOLUTION NO. 93-1 120 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER MAIN EXTENSION TO 102ND TERRACE AND 99TH WAY; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a water main extension to 102nd Terrace and 99th Way, hereinafter referred to as Project No. UW -92 -35 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water main extension shall 2. 3. 4. be installed to provide service for 10 properties, which are located generally as described above, and the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of the Code of Indian River County. The total estimated project assessment cost of the above-described improvements is shown to be $165,810.00 or $0.068874 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. A special assessment in the amount of $0.068874 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners aftqr the public hearing, at the same meeting, as required by the referenced County Code. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. 37 If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall,be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest at a rate of 8% from the Credit Date until paid. S. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution'(along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing required by Section 206.04. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Macht , 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 13thday of July, 1993. Attest: Jeffrey K. 4rton, Clerk 4.4' S8 L2� 13 1993 BOMM OF COUNTY C014MISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman am 89 FnUE10518 JUL D Bou 89 F',klu,1051 RESOLUTION NO. 93- 121 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TINE AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE AREA OF 102ND TERRACE AND 99TH WAY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER MAIN, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF To BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 93-120_, determined that it is necessary for the public welfare of the citizens of the county, and Particularly as to those living, working, and owning Property within the area described hereafter, that a waterline be installed to serve 10 properties hereinafter described; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.068874 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with'the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED By THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, August 10, 1993, at which time the owners of the properties to be assessed and any other interested persons may 39 appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m. until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Atia1mg and the motion was seconded.by C issioner MaCht , 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 1 Atb day of July, 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Att est: - ot)� By ---7 '00e�-; Richard N. Bird Jeffrey K./7Bsrton1 Clerk Chairman .-Ay . i Aw el - 4'0 BOOK N9 �vJA060 Fp,"- -I JUL i a 1993 BOOK f� F.1064 WASTEWATER SERVICE TO 102ND TERRACE AND 99TH WAY ---RESOLUTIONS I AND II The Board reviewed the following memo dated July 6, 1993: DATE: JULY 6, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES PREPARED JAMES D. M TAI AND STAFFED MANAGER 0 ASSE PROJECTS BY: DEPARTMENT OF TY SERVICES SUBJECT: WASTEWATER SERVICE TO 102ND TERRACE AND 99TH WAY INDIAN RIVER COUNTY PROJECT NO. US -92 -36 -CS RESOLUTIONS I AND II BACKGROUND On August 4, 1992, the Board of County Commissioners of Indian River County unanimously authorized staff to proceed with engineering for the design of the extension of utility lines on C.R. 512 from the Sebastian Middle School to 1-95 to be funded through impact fees, and the design of utility lines for 102nd Terrace to be funded by assessment. On March 9, 1993, Resolutions I and II were approved by the Board of County Commissioners, and a public hearing set for April 27, 1993 was subsequently cancelled due to a necessary review of the urban service area and commercial node boundary, property outside of which was removed from the assessment. Design service is again under way, and we are ready to resume the assessment process associated with this project (see attached agenda item and minutes). ANALYSIS Attached are Resolutions I and II for the assessment project. Ten properties will benefit from the service on 102nd Terrace and 99th Way. This project is to be paid through the assessment of properties benefitting along the proposed wastewater line route. In the interim, financing will be through the use of impact fee funds. The total estimated construction cost, including engineering and administration of the project, is $180,554.00. However, the amount the property owners will be assessed, excluding the costs of a regional lift station associated with this project, is $106,854.00. The projected cost per square foot is $0.044385. The attached map displays the area to benefit from the assessment project. (Attached is a breakdown of costs for the nonassessed portion.) A portion of the construction of this project shall be through a developer's agreement with Macho Products, which will be submitted to the Board of County Commissioners for approval in July 1993. RECO—MMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions and set the public hearing date. 41 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 93-122, providing for wastewater force main extension to 102nd Terrace and 99th Way; and Resolution 93-123, setting a time and place for the public hearing, as recommended by staff. RESOLUTION NO. 93- 122 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WASTEWATER FORCE MAIN EXTENSION TO 102ND TERRACE AND 99TH WAY; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. ' WHEREAS, the Board of County commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a wastewater force main extension to 102nd Terrace and 99th Way, hereinafter referred to as Project No. US -92 -36 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a wastewater force main extension shall be installed to provide service for 10 properties, which are located generally as described above, and the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of the Code of Indian River County. 2. The total estimated project assessment cost of the above-described improvements is shown to be $106,854.00 or $0.044385 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. 3. A special assessment in the amount of $0.044385 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered I;y action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 42 �JUL 131993 BOOK 89 DGE1062. r- JUL 13 M3 BOOK 8 9 Ni GU F 10 6 3 . -7 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resoluti— on of the Board with' respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If.not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest at a rate of 8% from the Credit Date until paid. 5. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the. Indian River County Utility Services Department shall cause this resolution (along with a mAp showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing required by Section 206.04. The resolution was moved for adoption by Commissioner Adams 0 and the motion was seconded by Commissioner Eggert, 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 IL-It-]hday of July, 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird, Jeffrey K. B�jrton, Clerk Chairman 43 RESOLUTION NO. 93-__12 a A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE AREA OF 102ND TERRACE AND 99TH WAY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WASTEWATER FORCE MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. gli-129 , determined that it is necessary for the public welf are of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a wastewater f orce main be installed to serve 10 properties hereinafter described; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.044385 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such wastewater force main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1 . The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, August 10, 1993, at which time the owners of the properties to be assessed and any other interested persons may 44 BOOK 89 PAIIJF. 106 9' JUL 131993 Bou 89 PArF1065 -1 appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m. until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date I of the hearing. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Adamn —F and the motion was seconded by Commissioner Fggprt- , 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 13th day of July, 1993. BOARD OF COUNTY COMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: B y Richard N. Bird Jeffre = o Chairman ZY 45 M M WATER EXPANSION PLAN, PHASE II, CONTRACT E - CHANGE ORDER NO. 1 AND FINAL PAY REQUEST The Board reviewed the following memo dated July 1, 1993: DATE: JULY 11 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO ERRA N DIRECT90R OF UTIL CES STAFFED AND nl;�OSTER, P.E. PREPARED BY: H . . ENVI: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN, PHASE II CONTRACT RE" IRC PROJECT NO. UW -91 -14 -DS CHANGE ORDER NO. 1 AND FINAL PAY REQUEST BACKGROUND: On October 27, 1992, the Indian River County Board of County Commissioners approved the Water Expansion Plan, Phase II, in the amount of $1,893,429.35. On February 23, 1993, the Board of County Commissioners awarded Contract "E" in the amount of $131,946.36. Construction has been completed, and the contractor, Treasure Coast Contracting, Inc., has made application for final payment. The pay request includes a change order reducing the contract amount by $2,179-89. This was the result of field adjustments. ANALYSIS: All Indian River County requirements have been met and final certification has been submitted to the Department of Environmental Regulation for clearance. The original contract price was $131,946.36; the adjusted contract price is $129,766.47. The contractor has been paid $116,115.64; the final payment due is $13,650.83. RECD-M-ND-M—ATION: The Department of Utility Services recommends approval of Change Order No. 1 and approval of the final pay request of $13,650.83. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved Treasure Coast Contracting, Inc., Change Order No. 1 and Final Pay Request in the amount of $13,650.83, as recommended by staff. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4'6 I � 1993 BOOK 8 9 1066 JUL U IPP11 BOOK 8 9 u c -r. 10 5, 7 UTILITY SERVICE TO COACHLAND COURT AND WOODLAWN MANOR MOBILE ROME PARKS The Board reviewed the following memo dated June 22, 1993: DATE: JUNE 22, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES rl PREPARED WILLIAM MCCAIN L AND STAFFED CAPI OJECTS ENGINEER BY: DEU OF UTILITY SERVICES SUBJ CT: UTILITY SERVICE TO COACHLAND COURT AND WOODLAWN MANOR MOBILE HOME PARKS INDIAN RIVER COUNTY PROJECT NOS. UW -93 -09 -DS AND UW -93 -07 -DS RESPECTIVELY .BACKGROUND In April 1993, the Department of Environmental Regulation sent a letter to the owners of Woodlawn Manor and Coachland court Mobile Home Parks informing them as to the need to connect to public utilities. By July 1, 1994, the County must have a plan to provide utilities to all private utilities (i.e., package WWTPs) that are deemed to be a threat to the Indian River lagoon. (See attached copy of DER correspondence.) Preliminary cost estimates have been completed, and we are now prepared to begin design of the utility connections to these parks. Woodlawn Manor Mobile Home Park is currently on County water and will only require a sewer force main stub -out to the property line. Coachland Court Mobile Home Park will require connection of both water and wastewater. Water is currently located on 27th Avenue on the opposite side of the road from Coachland; therefore, the only required construction will be a wastewater force main. ANALYSIS The routes for the force main construction are depicted on the attached Exhibits A and B for the two parks, respectively. The cost estimates for these projects are as follows: Coachland Court Mobile Home Park Wastewater 3000 LF+ 4 -inch PVC force main $30,000.00 Lift stition upgrade- 30,000.00 Canal crossing 7,500.00 Jack and bore (on 27th Avenue) 70 LF 4,200.00 $71,700.00 (use for budget) $72,000.00 10% contingency 7,200.00 10% engineering 7,200.00 Total $86,400.00 47 Woodlawn Manor Mobile Home Park Wastewater 2500 W�+ 4 -inch PVC force main Jack and bore (Railroad) - 100 LF Jack and bore (US 1) - 200 LF (use for budget) lot contingency lot engineering Total W $25,000.00 81000.00 20,000.00 $53,000.00 $55,000.00 5,500.00 5,500.00 $66,000.00 The costs for the construction of these projects will ultimately be funded from the impact fees paid by the Park. The Utilities Department is now requesting authority to begin the design of this project, requesting site survey services, bid, and construction of the above projects. RECODO(ENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the above projects as outlined. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved utility service to Coachland Court and Woodlawn Manor Mobile Home Park, as set f orth- in the above staff's recommendation. 1993 AMENDMENT TO LOCAL OCCUPATIONAL LICEWSM TAXATION The Board reviewed the following memo dated June 16, 1993: TO: Board of County Commi sioners FROM: Terrence P. O'Brien - Assistant County Attorney-)! -b DATE: June 16, 1993 RE: 1993 AMENDhMNT TO LOCAL OCCUPATIONAL LICENSE TAXATION (SB 304) The recently enacted changes to the law governing local occupational license taxation provides local governments with a great deal more flexibility in setting and admini tering the tax. R-_] A f, , JUL 13 1993 BOOK uur, loan 8 JUL 13 I BOOK 89 ucF. 106 q -7 A sigulficant revision establishes procedures for cities and—counties to revise their occupational license classification and rate structure. Section 205.0535, F.S., Is created to outline the reform procedures. Before. revisions may be Implemented, the city or county must appoint an equity study commission, composed of members from the business community, to recommend a new classification system and rate structure. The governing body may then enact a new ordinance, provided the individual license rates does not exceed the statutory thresholds. Tax revenues under the new ordinance may not exceed 10 percent of the previous year's total occupational license tax revenue. Cities and counties establishing a new rate structure may, every other year thereafter, increase their rates by up to 5 percent with majority plus one vote of the governing body. Counties establishing a new rate structure may retain the tax revenue collected from businesses In the unicorporated areas, while continuing to share with the municipalities revenues collected within the incorporated areas or they could establish, collect and retain taxes for the unincorporated area only. Any course of action selected under the new revised law will have an impact on the revenues of the County and the municipalities In the County. Staff in conjunction with the City of Vero Beach (the largest revenue producing municipality) are studying the fiscal impact of the various courses of action now available. Because of the time constraints imposed by the new procedures and necessary transition time, any revised procedures should have an Implementation date of October 1994. Assistant County Attorney Terrence P. OtBrien explained that this is an informational item to let the Board know that significant changes have been made in the occupational tax law. Staff will be presenting specific recommendations to the Board later this fall. Administrator Chandler commented that staff has started the process of meeting with the City of Vero Beach to discuss this tax. Attorney O'Brien advised that the Board will appoint an equity study commission composed of people from the business community. There will be interaction between the equity study commission, the BCC, and the Vero Beach City Council. commissioner Eggert assumed that the goal is to have one county -wide fee. Attorney OtBrien explained that the equity study commission will explore a number of options. CITY OF VERO BEACH ELECTRICAL DISTRIBUTION LINES Attorney Vitunac presented the following memo dated July 12, 1993, and attachment: 49 TO: T Br ZC;rsioners tZ c Zo� FROM: C4ha y Attorney DATE: July 12, 1993 SUBJECT: City of Vero Beach Electrical Distribution Lines At the July 7th Board of County Commissioners' meeting the Board directed the County Attorney's Office to write two letters -- one to the City of Vero Beach requesting that the City delay Installation of Its power poles until a public hearing had been held at which the concerns of the neighboring residents could be answered, and the second to the Indian River Farms Water Control District asking that their rights-of-way not be used for pole easements. The Board also directed me to investigate the possibility of filing for an injunction against the City from continuing construction on the pole lines. Before either of the two letters was written events possibly overtook the intent of the letters. In the first case, Vero Beach has scheduled a workshop for July 21, 1993 at 1:00 In Council Chambers (although construction on the lines will not stop), and in the second case because the Water Control District held a hearing at which the Board directed Its staff to consider not renewing the license It had given to the City at*the expiration of the 1 -year term. In this memo, I would like to explain the legal authority of the County on the Injunction issue and then got new direction from the Board on writing the letters. There are possibly four areas In which a county may have some legal authority to Involve Itself In the power pole sites. The first is as enforcer of any laws or statutes In existence relating to power pole siting, the second is as a party to a contract (such as an easement) , the third is as an agency with the power to protect the public health, safety and welfare from unreasonable actions amounting to a nuisance or tortuous Interference with property, and the fourth is as a contiguous property owner. Concerning the first area, I have been unable to find any statute or law which the City of Vero Beach has violated - The law provides ample authority for electrical utilities to use rights-of-way for power poles. Regarding the second Issue, the only contract to which the County is a party is an easement for the power line which was given by. the County over the * County's old landfill on First Street, S.W., and the City has violated no term of that easement (see Attachment 1). The third area, public health, might have offered more room for County involvement If the State of Florida had not pre-empted the field regarding' electromagnetic field regulation entirely to the Department of Environmental Protection (see Attachment 2). The range now left for county Involvement allows counties to adopt reasonable rules and regulations to protect the public health., safety and welfare from use of counties' rights-of-way on matters pertaining to non -EMF concerns only. The County has adopted no such regulations yet. The fourth area applies only If the County owns property along the line route and only If the County can claim Inverse condemnation. I have found no property which the County owns. - CONCLUSION: The result of this analysis Is that Indian Rive action against Vero Beach regarding the power prohibited from adopting regulations dealing with 50 L.J U L, 13 1993 r County has no cause of pole siting and is legally electromagnetic radiation. BOOK 8 9 N� I')' E1070 JUL 13 M3 BOOK 89 FA'F.107/ 11 If , however, the County owns any land located along the power line route 11 the County would have the same rights as any property owner to protect its Property against an unlawful taking. Thus, If the residents along this route have a cause of action for inverse condemnation, the County may have one too for any property It owns which is similarly affected. This must involve property other than the County landfIll since for the landfIll, the County granted the._r,-Ity an easement for exactly what has been constructed there. RECOMMENDATION: I recommend that the County Me no action against the City of Vero Beach since there appears to be no cause of action. For protection of County residents and the City residents from a similar occurrence in the future, however, the Board may wish to endorse proposed legislation recommended for support by the Treasure Coast Council of Local Governments which would require public hearings before any electric transmission or distribution system of approximately 68 kv or greater can be constructed, or consider non-ENF siting ordinances. Attorney Vitunac advised that the State has continually taken away the power of counties to regulate power lines. Under the most recent Court decision, the Florida Public service Commission was given total jurisdiction over deciding whether power lines, except lines within subdivisions, must be buried. Attorney Vitunac reported that Bruce Barkett, attorney for the affected property owners, concurs with his opinion that the forum for resolution of this problem is at the state level. Attorney Vitunac mentioned that Max Hamilton from the Fort Pierce Utilities Department was present at today's meeting to answer questions. Administrator Chandler gave a history of events leading up to the County granting a permanent easement to the City along the perimeter of the landfill transfer station. Commissioner Eggert commented that she had no idea that granting the City of Vero Beach an easement at the landfill transfer station involved the installation of high-voltage power lines. Discussion ensued concerning action the Board can take to give the County more authority over placement of power poles and transmission lines. Attorney Vitunac recommended that a committee be formed to research possible ordinances that could be adopted to protect the public from what falls in our rights-of-way. Administrator Chandler indicated that staff will research the possibility of changing County regulations to avoid problems such as this in the future. 51 Larry Braisted, Vero Beach City Attorney, invited the Board to attend a workshop that the City has scheduled for 1:00 p.m. on Wednesday, July 21, 1993. Various experts, none of whom are associated with this project, will speak at that workshop. Commissioner Macht.was uncertain whether the Board would be able to attend the City's workshop because July 21 is the first day of the County's budget workshops. commissioner Eggert directed the County Attorney to prepare the following letter to the City and to the Indian River Farms Water Control District: Honorable David Gunter, President Indian River Farms Water Control District 4400 20th Street Vero Beach, FL 32966 Honorable Jay Smith, Mayor City of Vero Beach Post office Box 1389 Vero Beach, FL 32961 Re: CitX of Vero Beach Electrical Power Poles Dear Mayor Smith: The Board of County Commissioners has been contacted recently by numerous property owners living adjacent to drainage district canal rights of way on which the City of Vero Beach is presently constructing electrical transmission lines. The residents have presented numerous reports and studies which indicate the possibility of danger to them and their children from electromagnetic fields generated by the power lines. The residents 'also have complained about the aesthetics of large poles close to their homes and about the danger from possible collapse of the poles into . their backyards or onto their homes. Since the regulation of electromagnetic fields has been preempted by the State of ilorida, the scope for County Commission action to protect the residents of the unincorporated area has been severely reduced. Therefore, the Board of County Commissioners has authorized me to write to you to express its deep concern about the threat to health and safety caused by these transmission lines and to ask that you reconsider route choices for line construction to avoid residential areas both for the existing poles and for any future pole construction. The County would also appreciate being advised of any subsequent plans to construct such poles, since the County would then encourage the holding of'appropriate public hearings so that the adjoining residents will have an apportunity to protect their interests. Sincerely, BOARD OF COUNTY COMMISSIONERS , az' Richard N. -Bird Chairman 5-2 1�� , � 4! *0, t M11", BOOK pmu.107Z JUL 13 10- -1 BOOK 89 PnU.107-3 I REQUEST OF CHAIRMAN FOR AUTHORIZATION FOR OUT -OF -COUNTY TRAVEL Chairman Bird commented that he has been invited to. the annual workshop of the Private Industry Council this weekend in West Palm Beach. All expenses will be paid by the Private Industry Council. ON MOTION by Commissioner Eggert, SECONDED by commissioner Adams, the Board unanimously authorized out -of -county travel for Chairman Bird to attend a Private Industry Council workshop in West Palm Beach the weekend of July 16-18, 1993. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon.adjournment the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:40 a.m. ATTEST: Clerk 53 '06� 2a �- Richard N. Bird, Chairman