HomeMy WebLinkAbout8/10/1993MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, AUGUST 10, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5) James E. Chandler, County Administrator
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams ( Dist. 1) Charles P. Vitunac, County Attorney
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht (Dist. 3) Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. 1. CALL TO ORDER
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
14.B. - Set date for the S.W.D.D. Assessment Hearings
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of July 20, 1993
7. CONSENT AGENDA
A. Received 8 Placed on File in Office of Clerk
to the Board: Report of Convictions, July, 193
B. Release of Easement Request By: David 6 Judy
Smith; Lots 2 8 4, Block 9, Tropical Village
Estates
(memorandum dated July 22, 1993) _
C. Approval of Cash Deposit & Escrow Agreement in
Connection With 1 -Year Warranty for Lift -
Station - Mrs. B's/Gator Truck Stop
(memorandum dated July 30, 1993) `
D. Grants Program
(memorandum dated July 29, 1993)
L_'AUG 10 1993 J
FF' -
BOOK 90 F,1GF.146
AUG 10 1993
7. CONSENT AGENDA (cont'd. ):
E. Award Bid #3109 / North Roseland Road Force
Main with Associated Lift Station Upgrade
(memorandum dated July 30, 1993)
F. Approval of Emergency Purchase of Generator
for Hobart Tower to Preclude Inoperative E911
System
( memorandum dated August 2, 1993 )
G. Release of Utility Liens
( memorandum dated August 3, 1993 )
H. Right -of -Way Acquisition; North Side of 41st St.
between 56th and 58th Avenues
( memorandum dated August 3, 1993 )
1. Fairgrounds Restroom Facility / Change Order
No.2 and Final Payment
( memorandum dated August 4, 1993 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
V.B. Firefighters Assn. Fairground Rental
( memorandum dated August 10, 1993 )
B. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE INVESTMENT OF
SURPLUS PUBLIC FUNDS CREATED BY THE
FLORIDA COUNTIES INVESTMENT TRUST;
AND PROVIDING AN EFFECTIVE DATE
(memorandum dated July 13, 1993)
2. Water Service to 102nd Terrace 6 99th
Way, Resolution III _
(memorandum dated July 23, 1993)
3. Wastewater Service to 102nd Terrace and
99th Way, Resolution III
(memorandum dated July 23, 1993)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
11. DEPARTMENTAL MATTERS (cont'd. ):
- B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None _
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
_ 4th Street Widening Project / From U.S. #1
to Old Dixie Highway
(memorandum dated July 30, 1993)
H. UTILITIES
1. 512 Force Main Relocation - Work Authoriza-
tion #9 / Change Order & Final Pay Request
(memorandum dated July 29, 1993)
2. Route 60 ( North Side) Commercial Node
Gravity Sewer Collection System -
Resolutions I and II
(memorandum dated July 30, 1993)
3. Water Expansion Plan, Phase 11 - Contract
"A" / Change Order #1 6 Final Pay Request
(memorandum dated August 2, 1993)
4. Rousseau River Shores Wastewater - Final
Pay Request and Change Order No. 1
(memorandum dated July 28, 1993)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
BOOK 90 F'AcE 147
LAUG 10 1993 -A
rAUG 101993
13. COMMISSIONERS ITEMS (cont'd):
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
Pending Ordinance Doctrine
( memorandum dated August 2, 1993 )
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
BOOK
90 InUF148 -1
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 (ADAT
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
11. DEPARTMENTAL MATTERS (cont'd. ):
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
4th Street Widening Project / From U.S. #1
to Old Dixie Highway
(memorandum dated July 30, 1993)
H. UTILITIES
1. 512 Force Main Relocation - Work Authoriza-
tion #9 / Change Order & Final Pay Request
(memorandum dated July 29, 1993)
2. Route 60 ( North Side) Commercial Node
Gravity Sewer Collection System -
Resolutions I and II
(memorandum dated July 30, 1993)
3. Water Expansion Plan, Phase II - Contract
"A" / Change Order #1 & Final Pay Request
( memorandum dated August 2, 1993 )
4. Rousseau River Shores Wastewater - Final
Pay Request and Change Order No. 1
(memorandum dated July 28, 1993)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
L_ AUG 10 1993 BOOK 90 F,+cE 149
BOOK 90 FACE 150
AUG 101993
13. COMMISSIONERS ITEMS (cont'd):
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
Pending Ordinance Doctrine
(memorandum dated August 2, 1993)
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
Y
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, August 10, 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, August 10, 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.
Commissioner Adams led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDAZEMERGENCY ITEMS
Administrator Chandler requested the addition of Item 14.B.,
setting a hearing date for Solid Waste Disposal District assessment
appeals.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added the
above item to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of July 20, 1993. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Regular Meeting of July 20, 1993, as written.
AUG 101067 BOOK F.1G 150 A
8
BOOK 90 "'1"150,8 -7
CONSENT AGENDA
A. Received and Placed on File in the Office of Clerk to the
Board:
Report of Convictions, Month of July, 1993
B. Release of Easement Request - David & Judy Smith, Lots 2 and 4,
Block 9. Tropical Village Estates
The Board reviewed the following memo dated July 22, 1993:
TO:
James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
..d � �, 0i
ober 1 E M. Kea ing, ICP
Community Developm ntDi ctor
THROUGH:
Roland M. DeBlois "PCP
Chief, Environmental Planning
& Code Enforcement
FROM:
Charles W. Heath
Code Enforcement Officer
DATE:
July 22, 1993
SUBJECT: RELEASE OF EASEMENT
David & Judy Smith;
Lots 2 & 4, Block 9,
REQUEST BY:
Tropical Village Estates
It requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 10, 1993.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by David & Judy Smith, owners of the
subject property, for the release of the common three (3) foot side
lot utility and drainage easements of Lots 2 & 4, Block 91 Tropical
Village Estates Subdivision. It is the petitioner's intention to
construct a single-family residence on the subject property.
The current zoning classification of the subject property is RS -61
Single -Family Residential District. The Land Use Designation is L-
21 allowing up to six (6) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone Company,
Florida Power and Light Corporation, Falcon Cable Corporation, the
Indian River County Utilities Department and the Road & Bridge and
Engineering Divisions. Based upon their reviews, it has been
determined that there would be no adverse impact to utilities being
supplied to the subject property.
2
RECONNENDATION:--
Staff recommends to the Board, through the adoption of a
resolution, release of the common three (3) foot side lot utility
and drainage easements of Lots 2 & 4, being the southerly three (3)
feet of Lot 2 and the northerly three (3) feet of Lot 4, Block 9,
Tropical Village Estates Subdivision, according to the plat thereof
as recorded in Plat Book 4, Page 94 1/2 of the Public Records of
Indian River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-133, abandoning certain easements on
Lots 2 and 4, Block 9, Tropical Village Estates, as
recommended by staff.
RESOLUTION NO. 93-133-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
ABANDONING CERTAIN EASEMENTS ON -LOTS 2 & 4, BLOCK
9, TROPICAL VILLAGE ESTATES, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 94 1/2 OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
WHEREAS, Indian River County has easements as described below,
and
WHEREAS, the retention of those easements serves no public
purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River County,
Grantor, a political subdivision of the State of Florida, whose
mailing address is 1840 25th Street, Vero Beach, Florida 32960, to
David E. Smith & Judy Smith his wife, Grantee, their successors in
interest, heirs and assigns, whose mailing address is 9365 127th
Avenue, Fellsmere, Florida 32948.
Indian River County does hereby abandon all rights,
title, and interest that it may have in the following described
easements:
The common three (3) foot side lot utility and drainage
easements of Lots 2 & 4, Block 9, Tropical Village
Estates Subdivision, being the southerly three (3) feet
of Lot 2 and the northerly three (3) feet of Lot 4,
according to the plat, thereof as recorded in Plat Book 4,
Page 94 1/2 of the Public Records of Indian River County,
Florida
Tax Parcel No.: 00-31-37-00007-0090-00002.0
3
AUG 101993 600K 90 Face 151
AUG 10 1993
BOOK 90 F,�UE152
RESOLUTION NO. A93--133
THIS RESOLUTION was moved for adoption by Commissioner
Eggert , seconded by Commissioner Tippin , and
adopted on the 10th day of August , 1993, by the following
vote:
Commissioner Richard N. Bird
Commissioner John W. Tippin Ay
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman declared the resolution duly passed and adopted
this 10tWay of August , 1993.
BOARD OF COUNTY, COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By �f
Ri hard N. -Bird
a
Attest By -
Jeffrey .K. Bart r.
Clerk
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State and County aforesaid, to take
acknowledgements, personally appeared Richard N. Bird and Jeffrey
K. Barton well know to me to be the Chairman of the Board of County
Commissioners and Clerk, respectively, of Indian River County, a
political subdivision of the State of Florida, and they
acknowledged executing the same.
WITNESS my hand and official seal in the County and State last
aforesaid this �day of 1993.
S •-
Notary Public
My Commission Expires:
6.y : amain. Exp. Arg. 13.::93
4
C. Cash Deposit and Escrow Agreement in Connection with 1 -Year
Warranty for Lift Station - Mrs. B's/Gator Truck Stop
The Board reviewed the following memo dated July 30, 1993:
TO: The Board of County Commissioners
FROM: Lxy<_,, William G. Collins II - Deputy County Attorney
DATE: July 30, 1993
SUBJECT: Approval of Cash Deposit and Escrow Agreement in
Connection With 1 -Year Warranty for Lift Station -
Mrs . B's/Gator Truck Stop
The lift station at Mrs. B's/Gator Truck Stop has been completed, and the
owners have executed an Easement and Bill of Sale of Utility Facilities to the
County. Cash surety also has been provided for the 1 -year warranty period
in the amount of 25% of the total actual cost of the construction of the lift
station, and a Cash Deposit and Escrow Agreement is being presented
herewith for approval.
RECOMMENDATION:
Approve the Cash Deposit and Escrow Agreement and authorize the Chairman
of the Board to. execute same.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the cash deposit and escrow agreement with Mrs.
B's/Gator Truck Stop, as recommended by staff.
COPY OF CASH DEPOSIT AND ESCROW AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
D. Grants Program - Department of Environmental Protection
The Board reviewed the following memo dated July 29, 1993:
5
AUG 101993 BOOK 90 `KUE 150
AUG 10 1993
BOOK 90 r-nE 154
DATE:
JULY 291 1993
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU:
TERMANCE G. PINTO, DIRECTOR•
SOLID WASTE DISPOSAL DISTRICT//I<,
FROM:
RONALD R. BROOKS, MANAGER
SOLID WASTE DISPOSAL DISTRICT
SUBJECT:
GRANTS PROGRAMS
BACKGROUND
The Florida Department of Environmental Protection (DEP) provides
grants to the Florida counties for various solid waste management
programs. The recycling and education grants have been extremely
beneficial and require a joint agreement between the county and
the municipalities therein to obtain full benefit of the grants.
The DEP's recycling grant program is more specifically provided
to the counties and where a separate entity of the county, such
as the Solid Waste Disposal District, is responsible for the
utilization of a grant a legal technicality lies in the
procedural management of the grant.
In spite of the clear delegation of solid waste management to the
Solid Waste Disposal District the DEP has expressed concern as to
the SWDD's being legally able -to coordinate, manage, and utilize
grant funds. To alleviate their concerns they have indicated
that the county by Resolution should delegate the authority to
the SWDD to apply for grants, enter in agreements for grants, and
utilize grant funds.
CONCLUSION
Attached for execution by the Board of County Commissioners is a
Resolution which will hopefully provide the legal document needed
by the DEP or any other agency to clearly identify the y
authorization of the SWDD to apply for and utilize grant funds
for any aspect of solid waste management.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-134, authorizing the Solid Waste
Disposal District to apply for and utilize any and
all grants available to the County for waste oil
collection and recycling, etc., as set out in
staff's recommendation.
R
RESOLUTION NO. 93- 134
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
(COUNTY) BY ITS BOARD OF COUNTY
COMMISSIONERS, AUTHORIZING THE SOLID WASTE
DISPOSAL DISTRICT (SWDD) TO APPLY FOR AND
UTILIZE ANY AND ALL GRANTS AVAILABLE TO THE
COUNTY FOR WASTE OIL COLLECTION AND
RECYCLING, RECYCLING PROGRAMS -FOR RECOVERABLE
RESOURCES IN THE SOLID WASTE STREAM,
EDUCATION AND AWARENESS PROGRAMS FOR THE
RECYCLING OF RECOVERABLE MATERIAL, HAZARDOUS
AND BIOHAZARDOUS WASTE MANAGEMENT AND
EDUCATION, AND ANY OTHER ASPECT OF SOLID
�. WASTE MANAGEMENT AND PROCESSING.
WHEREAS, Indian River County, in accordance with the
provisions of Section 403.706, Florida Statutes, has assumed full
responsibility for the management and disposal of solid waste
generated in the incorporated and unincorporated areas of the
- County; and
WHEREAS, pursuant to Section 1 of Ordinance 87-67 the
SWDD was created as a dependent special district for the purpose
of providing an efficient and acceptable means for the disposal
of solid waste generated in the county, and
WHEREAS, pursuant to Section 4 of Ordinance 87-67 the
SWDD was granted all powers necessary and incident to the
purposes of the SWDD, to include entering into contracts, and
WHEREAS, Florida legislation has established a goal for
counties to reduce the overall solid waste stream by volume
reduction and recycling programs; and
WHEREAS, Florida legislation establishes waste
management practices and restricts the disposal of certain solid
wastes, and
WHEREAS, public education and awareness programs are
essential to the success of any waste management practice or
volume reduction and recycling effort; and
WHEREAS, State and Federal agencies provide or may
provide grant funds in the management of solid waste, and
WHEREAS, more specifically, the State Department of
Environmental Protection provides grant funds for used -oil
recycling projects, hazardous waste management, waste tire
management, solid waste recycling programs, and public education
and awareness programs,
7
AUG 10 199BOOK 90 F���. 155
AUG 101993 BOOK 90 F�,,E156
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Solid
Waste Disposal District is authorized and requested to apply for,
enter into contracts necessary thereto, and, utilize any grants
that are, or may be made, available to Indian River County for
recycling programs, waste oil recovery and recycling, composting,
`. volume reduction, waste tire management, hazardous or
biohazardous waste management, and public awareness and education
programs; and any other solid waste
management/processing/control/education program.
This Resolution supercedes and replaces Indian River
County Resolution 89-14, adopted January 31, 1989, and Resolution
89-35, adopted April 11, 1989.
The foregoing resolution was offered by Commissioner
Eggert and seconded by Commissioner Tippin
and, upon being put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 10th day of August , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN ;RFIVCOUNTY, FLORIDA
By �T�
Richard N. Bird
Chairman
tte
JeffreyL 'Barton;- Clerk
E. North Roseland Road Force Main with Associated Lift Station
Upgrade - Award Bid #3109
The Board reviewed the following memo dated July 30, 1993:
8
DATE: July 30, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: -James E. Chandler, County Administrator
H.T. "Sonny" Dean, Directo
Department of General Servo
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid 13109/North Roseland Road Force Main
with Associated Lift Station Upgrade
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertisinci Dates:
Specifications Mailed to:
Replies:
July 21, 1993
June 24, July 1, 8, 1993
Forty -Seven (47) Vendors
Five (5) Vendors
BID TABULATION
Treasure Coast Contracting $151,815.10
Vero Beach, FL
Tri -Sure Corporation
$157,772.00
Auburndale, FL
Timothy Rose Enterprises
$159,239.40
Vero Beach, FL
Fla Design Irrigation
$168,254.20
Lake Park, FL
JoBear, Inc
$191,378.22
Palm Bay, FL
TOTAL AMOUNT OF BID:
$151,815.10
SOURCE OF FUNDS: Utilities General Impact Fees
BUDGETED AMOUNT' $165,000.00
RECOMMENDATION:
Staff recommends that the bid be awarded to Treasure Coast
Contractinc as the overall lowest most responsive and
responsible bidder meeting specifications as set forth in
the Invitation to Bid.
In additiQD, staff requests approval by the Board of the
attached Agreement when all requirements are met and
approved as to form by the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #3109 in the amount of $151,815.10 to Treasure
Coast Contracting, Inc., as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
9
[-A 910
' r
r-
AUG 10 1993 BOOK
F. Emergency Purchase of Generator for Hobart Tower
90 158
The Board reviewed the following memo dated August 2, 1993:
TO: _Board of County Commissioners
THROUGH: Jim Chandle , CTunty Administrator
FROM: Doug Wright, erector
Emergency Services
DATE: August 2, 1993
SUBJECT: Approval of Emergency Purchase of Generator
For Hobart Tower To Preclude Inoperative E911
System
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
In 1987, a 35kw emergency power generator was purchased and installed
at Hobart Tower to supply power to the transmitters, repeaters, and
911. equipment at the site in the event of an FP&L power failure,
severe weather events, or line fluctuations. Since that time, other
equipment has been added and system failures, due to insufficient
emergency power, have been occurring at various times.
However, the failures have become more frequent and 911 system
equipment failures occurred most recently on July 22 and July 24,
1993. When power is interrupted, the generator starts up but cannot
supply the load capacity required and shuts down.
A new 80kw generator was requested in the -next fiscal year budget.
However, due to recent events, staff approached County Administrator
Jim Chandler and recommended that since the delivery of public safety
services to citizens is being interrupted, a new generator should be
purchased this fiscal year. Staff also requested that the situation
be deemed an emergency, whereby bids could be waived and quotes taken
from vendors for a new generator. This process would save
approximately a month in obtaining the emergency generator.
The request was approved and with the assistance of the Purchasing
Manager in preparing the documents, seven (7) vendors were faxed
generator specifications on July 28 with quotes required from them by
2:OOPM on July 30, 1993. Two vendors responded with the following
information:
TAW Power Systems $18,232 Base Bid
Pompano Beach, F1 117 Extended Maintenance
225 Engine block heater
$181574 Total Bid
All Power Services $19,449 Base Bid
Fort Pierce, F1 -0- Maintenance Included
231 Engine block heater
$191680 Total Bid
10
Staff requests that the Board authorize the purchase of the new
generator so public safety services to citizens will not be impaired.
ALTERNATIVES AND ANALYSIS
Pursuant to the definitions and Section 3.11 (C) of the Indian River
County Purchasing Manual, an emergency procurement is authorized when
there is a threat to the public safety'of our citizens.
Staff submits that failure of 911 system equipment constitutes a
threat to public safety and that the purchase is necessary to
preclude loss of life or property.
RECOMMMATION
Staff recommends that the Board approve the 80kw generator purchase
from TAW Power Systems for the price of $18,574 with funding to come
from the 911 surcharge budget since the generator is used for
emergency power backup of the 911 system.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
purchase in the amount of $18,574 from TAW Power
Systems for an 80kw generator to be used as an
emergency power backup for the 911 system, as
recommended by staff.
G. Release of Utility Liens
The Board reviewed the following memo dated August 3, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
5zy "
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: August 3, 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. Breezewood Park, Little Portion & Sunnydale Acres:
PLVAN
SHELTON
2. Satisfactions of Impact Fee Extensions:
ARCHER
..HEN
11
AUG 101993 booK 90 F,�,UE159
r
AUG 1 n mai
BOOK 90 PAA 160
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the lien releases and satisfactions of impact fees
as listed in staff's memorandum.
RELEASES AND SATISFACTIONS ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
H. Right -of -Way Acquisition - North Side of 41st Street Between
56th and 58th Avenues
The Board reviewed the following memo dated August 3, 1993:
TO: James E. Chandler
County Administrator
THROUM: James W. Davis, P.E. ► ����%
Public Works Directo
and
Roger D. Cain, P.E
County Engineer JI
FROM: _> Donald G. Finney, SRA
County Right of Way Agent CONSENT AGENDA
SUBJECT: Right -of -Way Acquisition; North side of 41st 'Street
between 56th and 58th Avenues
DATE: August 3, 1993
Fifteen feet (151) of additional right-of-way is required from six
properties on the north side of 41st Street for road widening and
signalization at 58th Avenue.
Four of the six properties are improved with residential structures
with septic tank systems, landscaping, circular driveways and wells
within the additional right-of-way parcels to be acquired.
The two unimproved parcels are corner parcels which will have
diminished frontage and utility after the right-of-way purchase.
An appraisal is needed for each of the six parcels to determine the
right-of-way value.
George Knetz Appraisal Services has submitted a fee quote of $2,500
to provide a narrative Before and After appraisal of each of the
six properties (average cost of $416 for each parcel) which is in
line or less than previous appraisal fees.
Staff requests approval of the George Rmetz appraisal firm for a
fee not to exceed $2,500 with completion date no later than 45 days
after authorization to proceed.
12
C -I
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the use of George Kmetz Appraisal Services at a not -
to -exceed cost of $2,500, as set out in staff's
recommendation.
I. Fairgrounds Restroom Facility - Change Order No. 2 and Final
Payment
TO: James E. Chandler,
-County Administrator
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Fairgrounds Restroom Facility
Change Order No. 2 and Final Payment -
DATE: August 4, 1993 FILE: fairfin.agn
DESCRIPTION AND CONDITIONS
Construction of the Fairgrounds Restroom Facility is now complete.
Attached is Change Order No. 2 which reduces the contract amount by
$160 because the length of the concrete sidewalk was adjusted in
the field during construction.
John Vetter and Sons, Inc. is requesting final payment including
retainage in the amount of $23,902.23.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board authorize Change Order No. 2 for
the decreased amount of $160 which results in a revised contract
amount of $110,505.48.
Staff also recommends that final payment includinthe 10%
retainage be released. Funding is from Account #0&-210-572-
066.gf. .
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Change Order No. 2 and final payment to John Vetter
& Sons, Inc., including retainage in the amount of
$23,902.23, as recommended by staff.
CHANGE ORDER NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13
AUG 0 1993
80oK 90 F.+.0 161
r AUG 10199
BOOK 90 Pr, �F 162
PUBLIC DISCUSSION - FIREFIGHTERS' FAIR
Chairman Bird announced that Joe Earman, who will represent
the Firefighters in this discussion, has.not arrived yet. It was
decided that this discussion would be continued after his arrival.
PUBLIC HEARING - ORDINANCE AUTHORIZING THE INVESTMENT OF SURPLUS
PUBLIC FUNDS CREATED BY THE FLORIDA COUNTIES INVESTMENT TRUST
The hour of 9:05 a.m. having passed, Deputy County Attorney
Will Collins, II, announced that this public hearing has been
properly advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
In the Court, was pub-
lished in said newspaper in the issues of�,..^
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County, Florida, each daily and has been
entered as second class mail matter al the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund forhe purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before mMhi1i14_111a day of A.D. 19 f=
. _. --.F Nomd----
...
. The Board of County Co missbrms of Inman
Rives County, Florida, t�erebv provides notice of
. PubHc sdreduled for 9 05 em. an Tuesday,
August�l0, f893. to discuss the following
propaaed
ardma entitled:
AN ORDINANCE OF INDIAN RIVER COUN-
TY, FLORIDA; AUTHORIZING THE IN-
VESTMENT OF SURPLUS PUBLIC FINDS
IN SHARES OF INVESTMENT FUNDS
j CREATED BY THE FLORIDA COUNTIES
INVESTMENT TRUST; AND PROVIDING
AN EFFECTIVE DATE.
Anyone me be who
t Re P appeal
on August 10,
1993, will need to ensure fhet a verbatim record 'of
the proceedings is made, which Includes testirr"
and avdaree upon which the appeal is based.
Anyone who needs a special accommodation for
ttd4 meetirry may contact the County's Americans
with Disab Pities Act (ADA) Coordinator at 587-8000.
EExt. 408, at least 48 hours In advance of the meet -
g.
July 23,1993 '1017548
-�� (Business Manager)
Lzkk
(SEAL) /1 ' l f /tel Public. SfON of Florida of I,arga,
y Commission Explraa OCL 11, Q.
14
s � �
Jeffrey K.
Barton, Clerk of Circuit Court, presented the
following memo dated July 13, 1993:
TO: Board of County Commissioners
DATE: July 13, 1993
SUBJECT: Florida Counties Investment Trust
FROM: Jeffrey H. Barton, Clerk of Circuit Court
Enclosed is a proposed ordinance authorizing investment in the
Florida Counties Investment Trust (FCIT) and a proposed resolution
approving the Joinder to the Agreement and Declaration of Trust
creating and establishing the Florida Counties Investment Trust.
Resolution No. 89-76 currently governs Indian River County
investment of funds in excess of current needs. This resolution
authorizes all investments specified in Florida Statute 125.31.
The Board of County Commissioners may authorize the use of
investments in addition to those listed in F.S. 125.31.
The Florida Association of Counties and the Florida Association of
Court Clerks/Comptrollers joined in a venture to create an
alternative investment for local governments to that offered by the
State of Florida. We have been monitoring the development and
progress of the FCIT Fund since early 1991. The FCIT Fund
commenced operation on Jan 1, 1992. We did not chose to be a
charter member. However, it is now operating successfully and
deserves to be included in our portfolio of investments because of
the increased yield it offers.
The State of Florida operates the Local Government Surplus Funds
Trust Fund commonly referred to as the SBA Fund since it is
administered by the State Board of Administration in the Department
of Revenue. On March 31, 1993, the SBA report showed 617
participating local governments with a total investment of
$10,816,718,682. The SBA Fund is limited to an average maturity of
120 days. It is currently yielding about 3.5 per cent. Its 1992
yield was 4.3 per cent. Indian River County has been using the SBA
Fund for several years as its principal investment for funds that
need to be the most liquid.
The FCIT Fund offers an attractive
and safe
alternative for a
portion of the Counties'
investment
portfolio
that has typically
been at the SBA Fund.
The FCIT Fund allowable investments are
listed in Article IV,
Section 4.02
of the
Appendix A to the
enclosed Joinder. The
FCIT Fund
maintains
a longer average
maturity than the SBA
Fund. The
FCIT Fund does not include
investments with a maturity over five years. The current FCIT
portfolio average maturity is approximately three years. This
permits a higher yield while maintaining good safety and reasonable
adequate liquidity. We may make a deposit or withdrawal to our SBA
account for the current day as long as it is requested by 11:00
a.m. on that day. The FCIT requires a minimum of one day notice
for any deposit or withdrawal. Therefore by using a combination of
SBA and FCIT Funds, the County can increase its yield on
15
BOOK
AU G 10 1993 90
� AUG 101993
BOOK 90 VA E 164
investments and keep the necessary liquidity to meet weekly
accounts payable requirements, biweekly payroll needs, periodic
bond payments and all other financial liabilities.
A copy of the most recent FCIT quarterly publication, the "Update",
is enclosed. It highlights that in the first sixteen months of
operation, the portfolio has grown to $148.8 million with
participation by over 12 counties. Page three lists the current
Board of Trustees and the Trust Staff. The investment advisor is
Payden & Rygel, Investment Counsel. The custodian is Nations Bank.
The auditor is Ernst & Young. .
The current Board policy on investments, IRC Resolution No. 89-76,
will be replaced by the enclosed proposed IRC Resolution 93- that
authorizes the use. of the FCIT Fund. I request the Board's
approval of the enclosed ordinance and two resolutions approving
the addition of the FCIT Fund as an alternative investment vehicle
for funds excess to the County's current needs.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Ordinance 93-28, authorizing the investment of
surplus public funds in shares of investment funds
created by the Florida Counties Investment Trust;
and providing an effective date.
ORDINANCE NO. 93- 28
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE INVESTMENT OF SURPLUS PUBLIC
FUNDS IN SHARES OF INVESTMENT FUNDS CREATED BY
THE FLORIDA COUNTIES INVESTMENT TRUST; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use
indicates another meaning or intent, the following words and terms
as used in this Ordinance shall have the following meanings.
'$Board" means the Board of County Commissioners of the County.
"Clerkil shall mean the Clerk of the Circuit Court for the
County, ex -officio Clerk of the Board, or such other person as may
be duly authorized to act on his or her behalf.
16
"County" means Indian River County, a political subdivision
of the State of Florida.
11FCIT11 means the Florida Counties Investment Trust.
"Government Fund" means the initial Investment Fund
established pursuant to the Trust Agreement.
"Investment Fundi) means a trust fund established pursuant to
the Trust Agreement to enable public entities to pool their surplus
funds for joint investment.
"Ordinancell means this Ordinance, as the same may from time
to time be amended, modified or supplemented.
"Trust Agreementif means the Agreement and Declaration `of
Trust, dated as of November 1, 1991, creating and establishing the
FLIT.
SECTION 2. FINDINGS. It is hereby ascertained, determined
and declared that:
(A) It furthers the public interest for the County to invest
any monies not immediately required to be disbursed and to maximize
`. the net earnings on such funds.
(B) Section 125.31, Florida Statutes, provides certain
limitations and regulations applicable to the investment of surplus
public funds where not otherwise authorized by law or ordinance.
(C) It is the intent and desire of the Board to authorize
additional investments for surplus public funds in order to seek
a higher rate of return without compromising the safety of such
funds and to provide by this Ordinance authorization for investment
opportunities in addition to those set forth in Section
125.31(1)(a) through (f), Florida Statutes.
(D) The FLIT, the trustees of which are appointed by the
Florida Association of Counties, Inc. and the Florida Association
of Court Clerks and County Comptrollers, has been created for the
purpose of establishing Investment Funds for pooling the surplus
funds of participating public entities for joint investment in
order to seek a higher rate of return without compromising the
safety of such funds.
17
AUG 10 1993 BOOK 0
BOOK 90 P E166
SECTION 3. AUTHORIZATION OF INVESTMENT. Surplus public
funds managed or held by the Clerk on behalf of any officer, board,
authority or agency of the County may be invested in shares of the
Government Fund or any other Investment Fund, the assets of which
are restricted to investment instruments authorized by Section
125.31, Florida Statutes or by ordinance of the County.
SECTION 4. EFFECTIVE DATE. A certified copy of this
Ordinance shall be filed in the Department of State by the Clerk
of the Board within ten (10) days after enactment by the Board.
This Ordinance shall take effect immediately upon receipt of the
official acknowledgment from the Department of State that the same
has been duly filed.
DULY ENACTED this 10th day of August 1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
(SEAL)
By:
Chairman
Attest: Richard N. Bird
Board of County Commissioners
Clerk �'�'� �
:,; '�j�y',' L�i�✓wn�/� APPROVED AS TO FORM
a, AND A FFICIENCY.
Charies P. Vitunac
County Attorney
Acknowledgement by the Department of State of the State of Florida this 17th day of
AuaLst , 1993.
Effective Date: Acknowledgement from the Department of State received on this i rd day
of Au g , t. , 1993, at 10_• 0 a.m., .1. and filed in the office
Of the Clerk of the Board of County Ca►missioners of Indian River County, Florida.
18
r
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-135, authorizing and directing
execution and delivery of a joinder to the agreement
and declaration of trust creating and establishing
the Florida Counties Investment Trust; and providing
an effective date.
RESOLUTION NO. 93- 135
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING AND DIRECTING EXECUTION AND
DELIVERY OF A JOINDER TO THE AGREEMENT AND
DECLARATION OF TRUST CREATING AND ESTABLISHING
THE FLORIDA COUNTIES INVESTMENT TRUST; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use clearly
indicates another meaning or intent, the following words and terms
as used in this Resolution shall have the following meanings.
�'Boardif means the Board of County Commissioners of the County.
�'Chairmantl shall mean the Chairman or Vice Chairman of the
Board, and such other person as may be duly authorized to act on
his or her behalf.
"Clerk'$ shall mean the Clerk of the Circuit Court for the
County, ex -officio Clerk of the Board, or such other person as may
be duly authorized to act on his or her behalf.
IlCountyll means Indian River County, a political subdivision
of the State of Florida.
"FCIT" means the Florida Counties Investment Trust.
"Investment Fund'I means a trust fund established pursuant to
the FCIT Agreement to enable public entities to pool their purplus
funds for joint investment.
10Joinder Agreement,# means the Joinder to Agreement and
Declaration of Trust between the County and'FCIT, in substantially
the form appended hereto as Exhibit A. _-
19
AUG 101993 aooK 90 u- IEW
AUG in,Q9-1
BOOK 90 DGE 168
"Resolutionev means this Resolution, as the same may from time
to time be amended, modified or supplemented.
11FCIT Agreementle means the Agreement and Declaration of Trust,
dated as of December 1, 1991, creating and establishing the FLIT,
a copy of which is attached to the Joinder Agreement as Appendix
A thereto.
SECTION 2. FINDINGS. It is hereby ascertained, determined
and declared that:
(A) It furthers the public interest for the County to invest
any monies not immediately required to be disbursed and to maximize
the net earnings on such funds.
(B) The Florida Counties Investment Trust has been
established 'pursuant to the FCIT Agreement for the purpose of
establishing one or more Investment Funds for pooling surplus funds
of public entities for joint investment.
(C) The County desires to have the Investment Funds available
should they be determined, at any time, to be an advantageous
investment for the County's surplus funds.
(D) The County is required to become a party to the FCIT
Agreement as a- condition precedent to participation in any
Investment Fund.
SECTION 3. AUTHORIZATION OF FCIT AGREEMENT. The County
hereby authorizes and directs the Chairman to execute the Joinder
Agreement and the Clerk to attest the same under the seal of the
County for the purpose of becoming a party to the FCIT Agreement
and evidencing the County's agreement to become bound by the terms
thereof. The Clerk is further directed to deliver the Joinder
Agreement to FCIT for execution by its appropriate officers. Upon
execution and delivery of the Joinder Agreement by the County and
FCIT, all of the terms and provisions of the Joinder Agreement and
the FCIT Agreement shall be deemed to be a part of this Resolution
as fully and to the same extent as if incorporated verbatim herein.
The Joinder Agreement shall be in substantially the form attached
hereto as Exhibit A, with such changes, amendments, modifications,
omissions and additions as may be approved by the Chairman.
L- J
20
M
� _ a
Execution of the Joinder Agreement by the Chairman shall be deemed
to be conclusive evidence of approval of such changes.
SECTION 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
DULY ADOPTED this 10th day of Auy-ust , 1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
(SEAL)
By:
Chairman Richard N. Bird
ATTEST: Board of County Commissioners
E APPROVED AS TO FORM
,AND GAL FICIENCY:
Clerk to he ;.Board
Charles P. Viiunac
..... ;;f ,County Attorney
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-136, authorizing the investment of
surplus funds, as provided by Section 125.31,
Florida Statutes, and in the Florida Counties
Investment Trust.
RESOLUTION NO. 93-136
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE INVESTMENT OF SURPLUS FUNDS, AS
PROVIDED BY SECTION 125.31, FLORIDA STATUTES, AND
IN THE FLORIDA COUNTIES INVESTMENT TRUST.
WHEREAS, Indian River County from time to time has funds on hand in
excess of current needs; and
WHEREAS, it is in the best interest of the citizens of Indian River
County that funds be invested in such a manner as to yield the highest return
possible consistent with proper safeguards for the handling of government
funds; and
WHEREAS, it is necessary for the Board of County Commissioners to
authorize the investment of surplus County funds to achieve the maximum
public benefit by ensuring that said funds earn the highest interest
21
AUG 10 1993 BOOK 90 F.aGF ���
r—
AUG 10 1993 aooK 90 F,F 170
allowable while deposited in prudent and safe investments, securities, and
instituti6ffs,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. For the purposes of this resolution the term "surplus funds" is defined
as funds in any general or special account or fund of Indian River
County held or controlled by the County Commissioners or the Clerk to
the Board of County Commissioners which, in reasonable contemplation,
will not be needed for the purposes intended within a reasonable time
from the date of such investment. Surplus funds shall not include any
funds subject to any contract or agreement on the date of enactment of
this resolution; such funds shall not be invested contract to such
contract or agreement.
2. The Board of County Commissioners of Indian River County hereby
authorizes the investment of surplus funds in the control or possession
of the Clerk to the Board of County Commissioners in those investments
authorized by Section 125.31, Florida Statutes, as may be amended from
time to time, and in the shares of the Florida Counties Investment Trust
(FCIT) of which Indian River County is a member, and in any specific
additional investments authorized by a subsequent Board of County
Commissioners resolution.
3. This authorization shall be continuing in nature until revoked by the
Indian River County Board of County Commissioners.
4. This resolution replaces any conflicting prior resolutions adopted by
the Indian River Board of County Commissioners and specifically repeals
Resolution No. 89-76.
The resolution was moved for adoption by Commissioner Emmert , and
the motion was seconded by Commissioner Tippin, 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
22
The Chairman thereupon declared the resolution duly passed and adopted
this 10th day of August , 1993.
Attest:
Jeffrey Barton, Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
PUBLIC HEARING — WATER SERVICE TO 102ND
TERRACE & 99TH WAY,
RESOLUTION III
The hour of 9:05 a.m. having passed,
Deputy County Attorney
Will Collins, II, announced that this public hearing has been
properly advertised as follows:
NMCE
The Board of Canty Cornlrbslaers " of Indian ,
r River Cpmry Fbrida, hereby provides nOtbe Of
VERO BEACH PRESS -JOURNAL
t
PUBLIC FHARINB st adubd fa 9:OS A.M. �
Tuesday. Aust 10, 1993, to disam a p�
PR in Man �Riverr Casty t a SPECIAL h ta0etbn
Published Daily
of WATER 'SERVICE TO 102ND TERRACE AND
99TH WAY, and providing for special assessment
Vero Beach, Indian River County, Florida
Rem to be made of record at the propertles to be
served.
Anyone who may wish to any decision which
may be made at this wID reed to ensue
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
that a vabathn rem of the proceedings Is made.
which Includes testi rrony and evidence talon which
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
' the appeal Labased.
Anyone who needs a special atxxmmadatbn for
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, beingw
meeting^'� contact the County's Antericerts
with Act (ADA) (Coordinator at 587-
�, Ext. 408. at West 48 haus h advance of the
In the matter of
;' .nArleje+ 18 23,1993 1016700
in the- Court, was
pub*lished in said newspaper in the Issuof'
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
- entered as second class mall matter at the post office in Vero Beach, in said Indian River Coun.
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, ose of securing this
advertisement for publication in the snewspaper."�+
Sworn to and subscribed be ore m A.D. 19 ;L-3
' f (Business Manager
0
-6
//
(SEAL) �f'1 e- It /R /%1 (Lt i --
twary Public. Sime o 1
a 11�,
My Commhalon FxpN CkL
23
AUG 101993
BOOK 90 F,,,a 171
a
AUG 10 1993 BOOK 90 Feer 172
The Board reviewed the following memo dated July 23, 1993:
- DATE: JULY 23, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIT S�ERVICES
PREPARED JAMES D. CHASTA C./
AND STAFFED MANAGER OF ASS PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER SERVICE TO 102ND TERRACE AND 99TH WAY
INDIAN RIVER COUNTY PROJECT NO. UW -92 -35 -DS
RESOLUTION III PUBLIC HEARING
On July 13, 1993, the Indian River County Board of County Commissioners
approved Resolution I, 93-120, and Resolution II, 93-121. Resolution I
contained the preliminary assessment roll describing the project and
cost. Resolution II set the date of the public hearing for the subject
project. Property owners have been notified of the public hearing by
certified mail. Resolution 93-120 was published in the Press Journal on
July 19, 1993. (See attached agenda item and minutes of the above
meeting.)
Design of the water distribution system is complete. An informational
meeting was held with the property owners on July 22, 1993. Approval of
the attached Resolution III will confirm and approve the preliminary
assessment. The attached map displays the area to benefit from the
assessment project. The total estimated cost to be assessed is
$165,810.00. The assessment cost per square foot is $0.068874.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms the
preliminary assessment on the subject project.
Commissioner Adams announced that Mr. Milligan, owner of a
large parcel in the affected area, requested that the hearing be
continued until next week because he was out of town and unable to
be here today.
Discussion ensued, and it was decided that the Board would
hear from any who wished to be heard today, and the hearing would
be continued next week so that Mr. Milligan and anyone else who
could not be here today will have an opportunity to be heard.
Utility Services Director Terry Pinto recounted that some time
ago, the Board took action to extend the main water and wastewater
24
lines on CR -512 from Sebastian Middle School to I-95 to serve the
industrial nodes in that area. The utility lines on CR -512 will be
funded through future impact fees, and property owners who benefit
from the utility lines on 102nd Terrace will be assessed for that
part of the project. After the project had begun, one side of
102nd Terrace was removed from the assessment because it is outside
the urban service area and commercial node boundary. He stressed
that the Health Department and the Florida Department of
Environmental Protection have indicated that 102nd Terrace cannot
be developed industrially without utilities. Director Pinto
commented on a partial letter the'County had received from Helene
Holding Company stating that Hetra Computer and Profold, Inc. will
be exempt from this project. However, both of those companies have
been included in the project, and at some point they will be
required to abandon their own treatment facility and connect to the
County facility.
Administrator Chandler commented that 102nd Terrace is outside
the commercial node and also is being considered for acquisition
through the State of Florida Conservation and Recreational Land
(CARL) program.
Community Development Director Bob Keating explained that the
State of Florida has a policy with CARL acquisitions whereby, if a
local government takes action on a parcel that potentially
increases its value, CARL discontinues negotiations.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
John McKirchy, Daytona Beach, attorney for DSC of Newark
Enterprises, announced that his client is in favor of industrial
development in the subject area. He understood that the current
project has been downsized considerably from the original plan, and
he was concerned that the project area is now too small to be
developed as an industrial park. He suggested that the project be
enlarged to include an area to the east of 102nd Terrace. He
realized that the industrial node is large, but the area currently
under consideration for utilities service is only about 55 acres,
and he was concerned that it would attract warehouses and service
industries instead of high quality manufacturing industries. His
other concern was that since the assessment area has been reduced
considerably, the cost is being passed on to a smaller number of
property owners, and the assessment cost per square foot has almost
doubled. He suggested amending the plan to include a larger
assessment area, and added that he did not think we should treat
the proposed CARL acquisition as a foregone conclusion.
25
,AUG 101993 PGGK 90 F, CUE V3
r AUG 101993
Booz 90 F -Au 174 ,
Mr. McKirchy distributed maps to the Board and pointed out a
40 by 700 -foot parcel above the railroad right of way. In his
opinion, that parcel is too narrow to be developed, and if property
does not benefit it cannot legally be assessed. He then directed
the Board's attention to the other parcel that is owned by his
client. He indicated that the boundary lines of the assessment
area have caused that parcel to have an odd configuration, making
it unsuitable for industrial development. He requested the County
to consider the possibility of increasing the size of the area
designated for industrial use and reducing the size of the area
designated for low intensity residential use. If the Board decides
to go forward with the current plan, he requested that his client's
40 x,700 foot tract be deleted from the assessment area.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
Director Keating confirmed that the total size of the urban
service area is about 1,000 acres.
Director Pinto agreed that the estimated cost per square foot
has almost doubled because one side of 102nd Terrace is not being
assessed. However, expanding the utility lines more than several
hundred feet east or west beyond 102nd Terrace would result in a
major increase in the total cost of the project with little or no
reduction in the assessment per square foot.
Discussion ensued, and Director Keating confirmed that the
project will be delayed for several months if major changes are
made.
Chairman Bird suggested there might be a way to go ahead and
start the project and make adjustments later if necessary, but he
did not feel that the County should do anything to jeopardize the
potential CARL acquisition. He requested staff to prepare detailed
maps for the Board's reference when this hearing is continued next
week.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously agreed to
continue this public hearing on Tuesday, August 17,
1993 at 9:05 a.m.
26
PUBLIC HEARING — WASTEWATER SERVICE TO 102ND TERRACE & 99TH WAY,
RESOLUTION III•
The hour of 9:05 a.m. having passed, Deputy County Attorney
Will Collins, II, announced that this public hearing has been
properly advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
v
a
in the matter of
in the Court, was pub-
l�4ished in said newspaper in the issues of cx: A
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. A -
Sworn to and subscribed bef a me
9.4
(SEAL) �� iIr M
day of zu /_= A.D. 19
Business
/77 G��ZS 702--
L�- 1 l Mowry PuWlc. State of Florida of Largo.
My Commis"ion EvIres Oct. 11, 1993.
NOTICE _r . .
The Board of County Commissionars of Indian
River County, Florida, hereby, provides notice of
PUBUC HEARING scheduled for US A.M. on
Tuesday, August 10, 1993, to discuss a proposed
r�hrtlon relating to a • SPECIAL ASSESSMENT
PROJECT In Indian River City for the instebtlon
of SEWER SERVICE FOR 102ND D TERRACE AND
99TH WAY, and providing for special assessment
Germ to be maw of record on the properties to be
served.
Anyone who may wish to appeal any decision which
may be made at this rteetirg w0 reed to ensure
that a verbatim record of the proceedings is made,
Which hr dudes testimony and evidence upon which
the appeal Is based. !�
Anyone who needs I a special accommodation for
ttls meeting may contact the ' Courriy's Americans
with Disabilities Act (ADA) Coordinator at 567-
8000, Ext. 408, at least 48 hours in advance of the
:..,
Judy 16, 23,1993 ,'•t.. ir' '' :' ' 1015701
27
AUG 101993 90 Fv 175
AUG 10 1003 BOOK 90 P4cE176
The Board reviewed the following memo dated July 23, 1993:
DATE: JULY 23, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI�V SER ICES
PREPARED JAMES D. CHASTA �j
AND STAFFED MANAGER OF ASS NT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WASTEWATER SERVICE TO 102ND TERRACE AND 99TH WAY
INDIAN RIVER COUNTY PROJECT NO. US -92 -36 -CS
RESOLUTION III PUBLIC HEARING
BACKGROUND
On July 13, 1993, the Indian River County Board of County Commissioners
approved Resolution I, 93-122, and Resolution II, 93-123. Resolution I
contained the preliminary assessment roll describing the project and
cost. Resolution II set the date of the public hearing for the subject
project. Property owners have been notified of the public hearing by
certified mail. -Resolution 93-122 was published in the Press Journal on
July 19, 1993. (See attached agenda item and minutes of the above
meeting.)
ANALYSIS
Design of the wastewater collection system is complete. * An
informational meeting was held with the property owners on March 23,
1993. Approval of the attached Resolution III will confirm and approve
the preliminary assessment. The attached map displays the area to
benefit from the assessment project. The total estimated cost to be
assessed is $106,854.00. The assessment cost per square foot is
$0.044385.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms the
preliminary assessment on the subject project.
Attorney McKirchy, expressed the following concerns about the
wastewater assessment:
• He understood that the organizations with package plants
will not be assessed for the project -at the same rate as
the other property owners.
• The wastewater pipes will be too small to accommodate
large volume industrial use.
Chairman Bird indicated that Attorney McKirchy's concerns will
be addressed next week.
28
John Evans, Macho Products, stated that his organization
totally supports this project and is prepared to execute a
developer's agreement with the County that would include
construction of an on-site lift station. He expressed the hope
that the County will proceed expeditiously.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Tippin, to continue this public hearing
on Tuesday, August 17, 1993 at 9:05 a.m.
Under discussion, Director Pinto felt that a lot of concerns
would be alleviated if the organizations affected by this project
could arrange for a representative with an engineering background
to meet with Utilities Department staff.
Mr. McKirchy stated for the record that Mr. Jeb Cohen of DCS
has been communicating with staff.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
CONTINUATION OF PUBLIC DISCUSSION - FIREFIGHTERS' FAIR
The Chairman announced that Joe Earman, representing the
Firefighters Fair, had arrived and was prepared to discuss the
Firefighters' request for the County to forgive the $9,000 rental
charge for the County Fairgrounds.
The Board reviewed the following memo dated August 10, 1993:
TO: FELLOW COMMISSIONERS
FROM: FRAM ADAMS .
DATE: AUGUST 10, 1993
RE: FIREFIGHTERS' FAIR
Due to the extremely bad weather experienced this year
at the Firefighters' Fair, I would like for the Commission
to consider forgiving the $9000 owed for rent on the
Fairgrounds. !By the accompanying financial statement it is
apparent that the losses incurred by the event this year
approach $20,000 even without the $9000 due on rent.
The good feelings generated by the Fair as well as the
participation -by so many community organizations make this a
truly County happening. Additionally, I think we need to do
some serious improvements out -there to accommodate the Fair
to make it even a better event. There is a real need for a
permanent exhibit building that could handle arts and
crafts, exhibits, car shows,etc.
Perhaps we can earmark the rental fees in the future to
make these improvements.
29
AUG 101993 BOOK 90 PnF 177
AUG 101993
BOOK 90 F',1GF.178
Administrator Chandler advised that staff recommends forgiving
the $9,000 rent charge.
Joe Earman distributed copies of the following summary of
income and expenses from the 1993 Firefighters Fair:
-- Vero Beach Firefighters Assoc.
Blades Robinson -
Sec/Treasurer
P.O. Box 1974
Vero Beach, FL 32961-1974
Analyze Income vs. Expense
January to July 1993
7/30/93
Pa
Selected Period
% of Total
Year to Date
% of ToM
Net Income
Income
Arts & Crafts Exhibits
$562.50
0.5%
$562.50
QS
PreAdmission Sales
$7,761.39
7.0%
$7,761.39
7.0
Gate Admissions
$54,409.14
49.1%
$54,409.14
49-1
Exhibit Rental -Inside
$7,930.75
7.2%
$7,930.75
7•3,
Exhibit Rental -Outside
$9,990.25
9.0%
$9,990.25
9.0
Trailer/Campsite Rental
$5,170.00
4.7%
$5,170.00
4.7
Interest
$0.00
0.0%
$0.00
0.0
Reconciiliation/Balance
$0.00
0.0%
$0.00
0.0
Sponsors and Donations
$5,025.00
4.5%
$5,025.00
4 -Ir
Union/Ice & Chicken Sales
$0.00
0.0%
$0.00
0.0
V.B. Rec Dept - Coke B2
$0.00
0.0%
$0.00
0.0
Other
$20,067.52
18.1%
$20,067.52
18.1
Total Income
$1,0.916.55
100.0%
$110.916.55
100.02
Exioense
Entertainment
30.8%
$40,213.15
30.8
Fixed Property Rental
13.8%
$18,003.59
13.g
Fair Ground Improvements
$5,91(rft
4.5%
$5,910.79
4.67
Advertising
$14,424.78
11.1%
$14,424.78
11.1
Contract Labor&StndBys
$10,838.45
8.3%
$10,838.45
8.3
Food for Employees
$3,112.79
2.4%
$3,112.79
2.1
Office Supplies
$569.00
0.4%
$569.00
0.9
utllitles
Electricity
$0.00
0.0%
$0.00
0.10
Telephone
$2,152.59
1.7%
$2,152.59
1.7
Sewer/Pump Outs
$0.00
0.0%
$0.00
0.0
Bank Fees & Charges
$0.00
0.0%
$0.00
0.0
Insurance
$15,115.00
11.6%
$15,115.00
11.10
Lease of Fair Grounds
$0.00
0.0%
$0.00
0.0
Salaries
$12;540.00
9.6%
$12,540.00
9.6
Fair Party
$4,594.51
3.5%
$4,594.51
3.5'
Travel
$139.00
0.1%
$139.00
0.1
Other
$2,835.48
2.2%
$2,835.48
2.9
- Total Expense
$130.449.13
100.0%
$130.449.13
10Q,0
Total Net Income
($19.532.581
17.69/0
($19.532.58)
A,17 6X
30
Discussion ensued regarding some of the expenses listed on the
summary. Mr. Earman explained that salaries and contract labor
categories are for payments to people who organized and worked at
the fair, including outside electricians and other workers.
Although much of the work is done on a volunteer basis, the
firefighters are compensated when they take time off from their
jobs at the Fire Department to work at the fair. He indicated that
Bill Michaels, the secretary -treasurer, could provide an itemized
list of expenses to the Board upon request, and he mentioned that
a number of improvements have been made at the Fairgrounds by the
Firefighters, including the fence, lighting, fill dirt, and a 200 -
amp electrical panel. Mr. Earman assured the Board that there will
be a fair next year, but he stressed that permanent improvements
must be made at the Fairgrounds in order for the Firefighters to
continue having this fair in the future. He pointed out that any
improvements that are made will benefit other groups that use the
Fairgrounds.
Chairman Bird indicated that a master plan for the Fairgrounds
has been developed, including plans for an exhibit building and
other permanent buildings. Construction of permanent restroom
facilities has just been completed. Chairman Bird stressed that
the County's budget situation changes from year to year, making it
difficult for the County to budget money over a long period of time
to repay debt. He suggested that the Firefighters take out a loan
to make improvements and use future fair receipts to repay the
loan, and he felt that the County would be receptive to working
with the Firefighters on such a project.
Mr. Earman indicated that the Firefighters would rather make
a loan payment of $14,000 a year to repay a construction loan than
pay that amount on tent rental and have nothing to show for it. He
stressed that repairing the electrical system will be their first
priority in 1994 because it has deteriorated badly and has created
a hazardous situation.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to forgive the $9,000 in rent
that is owed the County and hope the sun will shine
on the fair next year.
Under discussion, Chairman Bird asked, and Mr. Earman
confirmed, that the Firefighters would be willing. to use some of
the $9,000 to help pay for electrical repairs.
Commissioner Macht suggested that a representative of the
Firefighters meet with County risk management staff to discuss the
31
AUG 101993 BooK 90 FrGr 179
r AUG 10 ioM
800K 90 FACE 18®
deteriorated condition and associated hazards of the electrical
system and ways to correct the problem.
COMMISSIONER EGGERT AMENDED HER MOTION TO STATE THAT THE
FIREFIGHTERS WILL USE SOME OF THE $9,000 TO PAY FOR NECESSARY
ELECTRICAL REPAIRS.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Chairman Bird suggested that increasing pre -admission sales
efforts would be a good way to generate additional receipts next
year.
4TH STREET WIDENING PROJECT - U.S. 1 TO OLD DIXIE HIGHWAY
The Board reviewed the following memo dated July 30, 1993:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Robert Zaitooni, P.E.
County Traffic Engine
SUBJECT: 4th Street Widening Project
From US 1 to Old Dixie Highway
DATE: July 30, 1993
DESCRIPTION AND CONDITIONS
Indian River County solicited proposals from Professional Engineering
Consultants to provide design services for the right -of -wap acquisition
and roadway widening of 4th Street from US.1 to Old Dixie Highway.
The Selection Committee consisted of Robert B. Zaitooni, County Traffic
Engineer, Terry Thompson, Capital Projects Manager and Michelle Gentile,
Civil Engineer. The Committee reviewed submittals, short-listed four
firms, and interviewed the short-listed firms. The resultant ranking of
firms by the Selection Committee is as follows:
1. Reith and Schnars
2. H.F. Lenz Company
3. L. Robert Kimball and Associates _
4. Dyer, Riddle, Mills and Precourt, Inc.
RECOMLNNDATIONS AND FUNDING
The Committee recommends that staff be authorized to negotiate a contract s
with the highest ranked firm.
Funding is from account #101-156-541-067.29.
32
7-7
I
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Comm-issioner Macht to negotiate a contract with
Keith and Schnars, as recommended by staff.
Under discussion, Garth Horne, President of Keith and Schnars,
reported that his company has an office on Ocean Drive in Vero
Beach that employs county residents.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
CR -512 FORCE MAIN RELOCATION - WORK AUTHORIZATION NO. 9 - CHANGE
ORDER 1 AND FINAL PAY REQUEST
The Board reviewed the following memo dated July 29, 1993:
DATE: JULY 29, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:. TERRANCE G. PINTO
DIRECTOR OF UTILIT CES
PREPARED TERRY H. DRUM �D
AND STAFFED ENVIRONMENTAL SPECIALIST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 512 FORCE MAIN RELOCATION
WORK AUTHORIZATION NO. 9
CHANGE ORDER AND FINAL PAY REQUEST
BACKGROUND
On May 11, 1993, the Board of County Commissioners approved the
above subject project.
Construction of the subject project has been completed, and the
contractor, Driveways, Inc. of Titusville, Florida, has made
application for final payment. The pay request includes an increase
of $ 2,595.30 as reflected on Change Order 1 (see attached). The
cost increase is for an additional 3' of burial depth for the
relocated Force Main along 512 (to accommodate Public Works future
drainage improvements), additional 6" D.I.P. and one 2" air release
valve with concrete box.
ANALYSIS
All Indian River County requirements have been met, and all testing
has been satisfactorily completed. The original contract price was
$ 5,730.71, and the final contract price is $•:.8,326.01, which
includes Change Order 1.
33
AUG -40 1 eooK 90
99�
rAUG 101993
RECOMMENDATION
BOOK 90 PA1JE 102
The Department of Utility Services recommends approval of the
attached Change Order 1 and the final payment request of $ 8,326.01
as payment in full for services rendered.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
Change Order No. 1 in the amount of $2,595.30 and
final payment request of $8,326.01, as recommended
by staff.
CHANGE ORDER NO. 1 IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
SR -60 (NORTH SIDE) COMMERCIAL NODE GRAVITY SEWER COLLECTION SYSTEM
The Board reviewed the following memo dated July 30, 1993:
DATE: JULY 30, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED JAMES D. CHAZ
AND STAFFED MANAGER OF A 28FME`NT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ROUTE 60 (NORTH SIDE) COMMERCIAL NODE
GRAVITY SEWER COLLECTION SYSTEM
INDIAN RIVER COUNTY PROJECT NO. IIS -93 -11 -CS
RESOLUTIONS I AND II
BACKGROUND
On August 25, 1992, the Board of County Commissioners authorized the
Utilities Department to proceed with the design process for the
north side of Route 60 and on July 27, 1993 approved proceeding with
the assessment process for the north side of Route 60 (see attached
agenda item and minutes).
ANALYSIS
There are 9 properties to benefit in this assessment project. The
attached map displays the area to be served. Also, attached are _
Resolutions I and II for the assessment project. The total
estimated cost of the project, including construction,_ engineering,
and administrative expenses, is:
34
$117,378.18
- 30,453=.49
$ 86,924.69
less a nonassessed portion of construction and
engineering*
Total estimated cost to be assessed to property
owners
The cost per square foot is $0.14210695047. This project is to be
funded through the assessment of property owners along the proposed
gravity sewer route. In the interim, financing will be through the
use of impact fee funds.
* This portion of the construction is to be paid for from the
impact fee fund, as it runs past properties already served by
sewer (i.e., the existing lift station this project ties into).
RECOMMEENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Resolutions,
which approve the preliminary assessment roll and establish the
public hearing date.
Utility Services Director Terry Pinto explained that this
project was part of the expansion of wastewater service out SR -60
beyond I-95. Because we could not readily service both sides of
the road with the force main, the gravity sewer collection system
was designed to service the north side of the road. The County has
the option of handling this project without an assessment, and
Director Pinto recommended that we table it for now in order to
give it more thought.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized staff to bring this back at a later date,
if it should become feasible.
WATER EXPANSION PLAN - PHASE II. CONTRACT A - CHANGE ORDER NO. 1
AND FINAL PAY REQUEST
The Board reviewed the following memo dated August 2, 1993:
35
AUG 10
1993 BOOK 90 PA"IF 183
AUG Q 1993BOOK 00 pn-L 184
DATE: AUGUST 2, 1993
TO: JAMES E. CHANDLER
,COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR UT ITY SERVICES
STAFFED AND Q�
PREPARED BY: H. D. " E" OSTER, P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER EXPANSION PLAN, PHASE II
CONTRACT "A"
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 "A" in the amount of $275,150.65.
Construction has been completed, and the contractor, A.O.B.
Underground, Inc., has made application for final payment.
The pay request includes a change order increasing the contract
amount by $12,397.20. This was the result of field adjustments.
ANALYSIS:
All Indian River County requirements have been met and clearance has
been received from the Department of Environmental Protection. The
original contract price was $275,150.65; the adjusted contract price
is $287,547.85. The contractor has been paid $247,628.12; the final
payment due is $39,919.73.
The Department of Utility Services recommends approval of Change
Order No. 1 and approval of the final pay request of $39,919.73.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht to approve Change Order No. 1 and
final payment to A.O.B. Underground, Inc. request in
the amount of $39,919.73, as recommended by staff.
Under discussion, Commissioner Adams asked if this was the
area where residents had complained about the contractor.
Utility Services Director Terry Pinto responded that there
were no complaints from the residents on this project.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
CHANGE ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
36
ROUSSEAU RIVER SHORES WASTEWATER - CHANGE ORDER NO. 1 AND FINAL PAY
REQUEST --
The Board reviewed the following memo dated July 28, 1993:
:!'E : JULY 28, 199 3
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL ICES
PREPARED WILLIAM F. MCCAIN
AND STAFFED CAPITAL PROJECTS ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: eFI1NAtLPJ1@U�1EST
SHORES WASTEWATER
AND CHANGE ORDER NO. 1
COUNTY PROJECT NO. IIS -92 -08 -CS
The construction of the assessment project sewer and Master -planned
lift station to serve Rousseau River Shores and the surrounding area
is now complete. We are therefore coming to the Board of County
Commissioners for approval of the final pay request and final change
order.
ANALYSIS
The original contract was for the amount of $39,445.50. Approval of
this change order will raise the total contract amount to
$39,946.60, for a total contract increase of $501:10. (See attached
pay request and change order.)
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve both the final pay request and
Change Order No. 1 with Treasure Coast Contracting as presented.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 and final payment to Treasure
Coast Contracting, Inc., as recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
37
AUG 101993 BOOK 99 F,.u1.85
AU6 10 1993 BOOK 90 Pad 16
PENDING ORDINANCE DOCTRINE
The Board reviewed the following memo dated August 2, 1993:
To: Board of County Commission
From: Commissioner Carolyn K. Eggert eKf
Date: August 2, 1993
Subject: Pending Ordinance Doctrine
You may recall the Board of County Commission meeting when
we decided to send on additional criteria for the
resort -residential ordinance for consideration as a LDR. At that
time, I attempted to invoke the pending ordinance doctrine by
making a motion for a moratorium on all applications requiring
resort -residential special exceptions. That motion failed for
- lack of a second. Remarks were made that a four month time span
before LDR hearings was too long.
The LDR hearings begin on August 23. I have received many
calls asking that we take no further action on resort -residential
requests until our final LDR hearing on September 7 is over, a
period of one month. People are especially upset about the
prospect of current, partially -developed subdivisions being
changed into resorts.
I request that the Commission join me in reconsidering and
approving a moratorium on resort -residential, based on the
pending ordinance doctrine, until our September 7 LDR hearing is
over.
Commissioner Eggert decided to bring this matter up again
because of recent court rulings restricting Commissioners from
receiving or engaging in communication outside Board meetings
regarding certain planning and development matters. She indicated
that it is difficult to explain to people that she cannot discuss
these subjects with them, and she felt that it might help if we put
a moratorium on these applications until after the public hearing
on LDRs is over. This will enable us to tell people that nothing
is going to happen until we finish the public hearings and it would
give them some comfort.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht to put a moratorium on all new
applications for special - exception use for
residential resorts until after the September 7th
LDR hearing.
Under discussion, Chairman Bird stated he wanted to ascertain
that this would not jeopardize the pending Disney resort.
38
M M
Planning Director Stan Boling explained that the Disney
application is.in and is being processed and is scheduled for the
Thursday, August 12, 1993, meeting of the Planning & Zoning
Commission. At this point, the Sea Oaks developers have not
formally applied. They have gone through their pre -application
conference, which is prior to the formal application, so they have
not done anything that the County would have to consider for
approval.
Deputy County Attorney Will Collins advised that Disney would
not be affected because they have already applied and are at the
hearing stage.
Commissioner Macht asked whether the fact that Sea Oaks has
given notice that they intend to file an application is sufficient.
Attorney Collins explained that the pending ordinance doctrine
is a creation of case law, and the cases seem to say that when a
land owner has not applied or done any construction and has
knowledge of the impending change, he should be on notice that if
he goes forward any expenses incurred are at risk of this pending
change. Typically, pending ordinance doctrine would apply only to
projects that have not yet filed an application. Anyone whose
application was in process would have the benefit of existing laws
and not have retroactive application.
Discussion ensued, and Director Boling advised that applicants
for special exception uses are required to confer with staff from
the Planning & Development Division prior to filing an application
to informally discuss the requirements of the special exception
section and the nature of the proposal.
Attorney Collins indicated that the cases on the pending
ordinance doctrine vary on whether refusal to go forward under the
old rules is allowed depending on time and expenditures the person
has made and changes of position that have been made in reliance on
the old ordinances. He felt it was arguable whether Sea Oaks,
having not applied, has made any substantial change in position and
is being treated unfairly. However, they may argue that they have
expended substantial monies.
Commissioner Macht's opinion was that the only thing this
action will affect is the right of application, and that it would
not affect the approvability of any plan they submit, which would
still be subject to whatever LDRs prevail. At any rate, he felt
the pending ordinance doctrine should be invoked to avoid the rush
to the Courthouse doors.
Chairman Bird clarified that the effect of the Motion will be
a moratorium that the County could not accept any new applications
39
AUG 10 1993U 90 faF17
AUG 600K
90 PAGE
�. � ����
under the residential resort special exception use category until
s we make a -final decision on the LDRs at the second of the two
public hearings on September 7.
Director Boling confirmed that when the decision on the LDRs
is made on September 7, the ordinance is no longer pending.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Solid Waste Disposal District.
Those minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:05 a.m.
ATTEST:
J. arton, Clerk Richard N. Bird, Chairman
C_'h7