HomeMy WebLinkAbout10/5/1993=MINUTES A"%TACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBERS, 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. 1. CALL TO ORDER
2. INVOCATION -
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
5 - Proclamation - Arts & Humanities Werk
71- Resolution opposing Senate Bill 1405
11-H-4 - Discussion m Vero Beach increase of sewer rates
13-C Discuss water service to new Wal -mart in Sebastian
MD ELMS growth management plan
13-E Discussion re mandates and other budgetary matters
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Joint Meeting w/V.B. City Council, 8/25/93
B. Regular Meeting of September 14, 1993
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk:
Vero Lakes Drainage District, General Fund
Budget ended September 30, 1993
Resolutions 93-1, 93-2, 93-3, and 93-4 of IRC
Hospital District Regarding Taxes & Bonds
B. Release of Utility Liens
( memorandum dated September 24, 1993 )
C. Cancellation of Outstanding Taxes
Properties Purchased for County Use
( memorandum dated September 27, 1993 )
D. Final Plat Approval for Colonial Gardens,
Phase 2 Subdivision
( memorandum dated September 28, 1993 )
�� ®� ���� BOOK 90 pgE 666
OCT ® 5 1993 BOOK 90 F,,�,U. 66 7
7. CONSENT AGENDA (cont'd. ):
E. Final Plat Approval for Grand Harbor Plat 14
POD "I" ( Victoria Island)
( memorandum dated September 28, 1993 )
F. Resolution Delegating Authority to Execute
Agreements Transferring Obligations to Con-
struct Sidewalk and/or Bikeways from Developer
to County
( memorandum dated September 29, 1993 )
G. State of Florida - Dept. of Health and
Rehabilitative Services Contract
( memorandum dated Sept. 29, 1993) _
H. Custodial Services Bid #4005
( memorandum dated September 22, 1993 )
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Authorization to Issue Request for Proposals
for Land Acquisition Consultant Services
( memorandum dated September 28, 1993 )
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
IRC Judicial Complex Project Closed Circuit
Video/Audio Transmission System
( memorandum dated September 27, 1993 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
11. DEPARTMENTAL MATTERS (cont'd. ):
F. PERSONNEL
None
G. PUBLIC WORKS
1. Purchase Authorization; Oslo Road / Old
Dixie R -O -W Acquisition, Phillip E Patsy
Helseth, Parcels #103 and #104
( memorandum dated September 27, 1993 )
2. CR512 Clearing Disposal
( memorandum dated September 29, 1993 )
H. UTILITIES
1. West County Wastewater Treatment Plant
Sewer Force Main, Contract 2 - Final Pay
Request and Change Order 1
( memorandum dated September 23, 1993 )
2. 82nd Ave. Sewer; Landfill Lift Station
Final Pay Request and Change Order No. 2
( memorandum dated September 27, 1993 )
3. Oslo Road (West) Sewer Force Main Engineer-
ing Addendum # 1 E Contract Change Ord. # 1
(memorandum dated September 24, 1993
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MRCHT
BOOK 90 PAGE 608
OCT - 5 1993
F OCT
- 5 1993 BOOK 90 PAGE 669 —7
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
1. Approval of Minutes - Meeting of 7/27/93
2, Approval of Minutes - Meeting of 8/3/93
3. Approval to Submit Grant Application to the
Florida Dept. of Transportation for Child
Safety Seat Program for FY 93/94 -
( memorandum dated September 28, 1993 )
B. SOLID WASTE DISPOSAL DISTRICT
None
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, October 5, 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, October 5, 1993,
at 9:00 o'clock a.m. Present were Richard N. Bird, Chairman; John
W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; William G. Collins, II, Deputy County Attorney; and
Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Eggert led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Bird requested the following additions to the Agenda:
As Item 5, a proclamation for Arts and Humanities Week.
As Item I on the Consent Agenda, a resolution opposing
Senate Bill 1405 re flood insurance.
As Item 11-H-4, discussion re Vero Beach sewer rate
increase.
Commissioner Eggert requested the addition as Item 13-D of the
ELMS growth management plan.
Commissioner Macht requested the addition as Item 13-E of a
discussion regarding unfunded state mandates and other budgetary
matters.
Commissioner Adams requested the addition of discussion
regarding water service to the new Wal-Mart store being built in
Sebastian.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously added the
above items to today's Agenda.
PROCLAMATION- Arts and Humanities Week
Chairman Bird presented the following Proclamation to Kent
Barclay, immediate past chairman of the Center for the Arts, who
expressed the Center's appreciation for this recognition.
BOOK 60 F'";F.670
L_0 CT - 5 1993 J
r OCT - 5 8993
PROCLAMATION
DESIGNATING THE WEEK OF
OCTOBER 11, 1993 AS
ARTS and HUMANITIES WEEK
IN INDIAN RIVER COUNTY
soon 90 x„,_..671
WHEREAS, the month of October, 1993 has been declared by
President Clinton to be National Arts and Humanities Month; and
WHEREAS, the Florida Arts Council and Secretary of State Jim
Smith have recently selected the Center for the Arts and
Riverside Theatre as participants in the Florida Cultural
Institutions Program and have also awarded grants to the Vero
Beach Choral Society and the Vero Beach Theatre Guild; and
WHEREAS, Kent Barclay, the Immediate Past Chairman of the
Center for the Arts, has served as Chairman of the Florida Arts
Council this past year and has represented Indian River County
with great ability and caring for our cultural future; and
WHEREAS, the Florida Arts Council has selected Vero Beach
for the site of its October, 1993 statewide meeting; and
WHEREAS, the arts and humanities play a vital role in the
cultural significance of our community and the education and
enjoyment of our residents and out-of-town visitors of all ages
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of
October 11, 1993 be designated as
ARTS and HUMANITIES WEEK
in Indian Rivet County, and the Board further recognizes all of
the volunteer hours and support by the members of our community
to the arts and humanities.
Adopted this 5 day of October, 1993.
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
e -
Richard N. Bird, Chairman
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Special Meeting of August 25, 1993 or the
Regular Meeting of September 14, 1993. There were none.
FA
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Minutes of the Special Meeting of 8/25/93 and
the Regular Meeting of 9/14/93, as written.
CONSENT AGENDA
Attorney Collins requested that Item F be removed for
discussion.
A. Reports
Received and placed on File in the Office of the Clerk to the
Board:
Vero Lakes Drainage District, General Fund Budget ended
September 30, 1993
IRC Hospital District resolutions 93-2, 93-3, and 93-4
regarding taxes and bonds
B. Release of Utility Liens
The Board reviewed the following memo dated 9/24/93:
TO: BOARD OF COUNTY COMMISSIONERS
OU1.
FROM: Lea R. Keller, CIA, County Attorney's Office
DATE: September 24, 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. Satisfactions of Impact Fee Extensions:
BAILEY GIFFORD
YORKER
2. Anita'Park Water:
GOOD III
3. Blue Cypress Lake Sewers:
HAMILTON (Jesse et ux.) 2
HAMILTON (Ronald)
HAMILTON (Ronald & Roy)
PERDU; PROVOST
4. Breezewood Park, Little Portion & Sunnday Acres:
HOLZAPFEL LARSEN
SCURLOCK, JR.
3
BOOK 90 F'!.Gr 672'
OCT - 5 199.E
5. Eighth Street Water:
BLATUS
6. Glendale Lakes (2nd Project):
SMITH VOCK
7. Glendale Terrace Water:
FITZPATRICK YARRINGTON
ani
BOOK 90 f, u' 6tl73
S.
Phase I Water:
ARMAN
DENMAN
CLARK
TRUMBLE
WARNER
9.
Phase II Water:
CLARK
DUPLESSIS
GILLESPIE
HOMEOWNERS CORP.
JENNINGS (3)
LANGLEY
MARTIN (2)
NELSON
SMITH
10.
Royal Poinciana Water:
EGEBRECHT
NEVILLE
11.
Seminole Shores, St. Christoper Harbor & Anglers Cove:
LARRY CATRON INVESTMENTS, INC.
12.
Shady Oaks Water:
WALCO
13.
State Road 60 Water:
KINGSWOOD WEST (Lot 3)
14.
State Road 60 Sewers:
Map #40 - HERON CAY (95
Darby Cay)
Map #41 - REALCOR/COUNTRYSIDE
Lots 84, 186,
219, 221 and 222
15.
Summerplace Water:
JONES
16.
12th Street Water:
THOMAS-
TRIPSON
WILEY
4
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the releases of liens as listed above.
C. Cancellation of Outstanding Taxes on Properties Purchased for
County Use
The Board reviewed the following memo dated 9/27/93:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: September 27, 1993
RE: CANCELLATION OF OUTSTANDING TABES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some 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: 3 Resolutions -
(1) Richard Colley
R/W for 41st St E of US #1
(2) Annie B. Colley
R/W for 41st St E of US #1
(3) Victor Rodriguez et ux
R/W for Barber St, Sebastian
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolutions 93-170, 93-171 and 93-172, cancelling
certain delinquent taxes upon publicly -owned lands,
pursuant to Section 196.28, Florida Statutes.
5
BOOK Fnu-r.674
OCT -51993
Re: R/W - 41st Street E of U.S. #1 .100
Parcel #26-32-39-00009-0000-00001.0
RESOLUTION NO. 93- 1 70
BOOK 90 F,acr 675
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 tp do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THER4FORE, 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 988, Page 2793 which was recently acquired by Indian River County
for right of way purposes on 41st Street located east of U.S. Highway #1, are
hereby cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner ECCjp rt
and the motion was seconded by Commissioner T1Dpin 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 5 day of October , 1993.
Attest:
Jeff y K.,Ba o , Clerk
BY =� l�
Attachment: Deed - Richard C. Colley
0
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By Z
�
Richard N. Bird
Chairman
RE:8O/Vle•
Re: R/W - 41st Street E of U.S. #1 101
Parcel #26-32-39-00009-0000-00002.0
RESOLUTION NO. 93— 171
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 Or INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 988, Page 2793 which was recently acquired by Indian River County
for right of way purposes on 41st Street located east of U.S. Highway #1, are
hereby cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner 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
The Chairman thereupon declared the resolution duly passed and adopted
this 5 day of October , 1993.
Attest:
Jeff a K. Bar on, Clerk f
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By/
Richard N. Bird
Chairman
Attachment: Deed - Annie Beatrice Colley
7
BOOK 90 FACE 676
r -OCT - 5 093
9 / 2 7 / 9 3 (1 ags 1) RE80/Vlc •
Re: R/W - Barber Street, Sebastian 102
RESOLUTION NO. 937LZ2
BOOK 90 FACE 677 -7
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 988, Page 1183 which was recently acquired by Indian River County
for right of way purposes on Barber Street in Sebastian, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner EQaert
and the motion was seconded by Commissioner Tini n , 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 5 day of _prtnher , 1993.
BOARD OF COUNTY COMMISSIONERS
Attests
INDIAN RIVER COUNTY, FLORIDA
_
By
" Richard N. Bird
Jeff'Feg K. Barton, Clerk Chairman
(15. Ido , !9-ev
Attachment: Deed - Rodriguez, Victor & Marian
8
D. Final Plat Approval - Colonial Gardens Subdivision, Phase 2
The Board reviewed the following memo dated 9/28/93:
TO: James E. Chandler
County Administrator
D,PUqION HEAD CONCURRENCE:
4
f
Robert M. Recti , AI
Community Devel ent rector
THROUGH: Stan Bolinc�AICP
Planning Director
FROM: John W. McCoy, AICP �O A
Senior Planner, Current Development
DATE: September 28, 1993
SUBJECT: Final Plat Approval for Colonial Gardens, Phase 2,
Subdivision
SD -90-08-11
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 5, 1993.
DESCRIPTION AND CONDITIONS:
Colonial Gardens, Phase 2, Subdivision is a proposed 43 lot
residential subdivision of a 12.85 acre parcel of land located
north of 9th Street and one block west of Old Dixie Highway. The
subject property is zoned RS -6, Single -Family Residential up to 6
units per acre and has an L-21 Low -Density Residential 2 (up to 6
units per acre) land use designation. The proposed density for the
project is 3.35 units per acre. All roads, drainage, utilities
easements, and facilities are to be dedicated to the county.
At its regular meeting of June 28, 1990, the Planning and Zoning
Commission granted preliminary plat approval for Phase 2 of the
subdivision. Phase 1 was previously approved, and has now been
constructed and platted. Phase 2 has been constructed in
accordance with the land development permit issued for the project.
The owner, Vero Building Corporation, is now requesting final plat
approval and has submitted the following:
1. A final plat in conformance with the approved preliminary
plat.
2. A copy of the project -Certificate of Completion issued by the
Public Works Department.
3. A Warranty/Maintenance Agreement and Bill of Sale for the
performance of the completed, publicly dedicated improvements,
and a letter of credit to cover the warranty -period.
4. An Engineer's Certified Cost Estimate- for the constructed
required improvements (basis for -figuring the security amount
needed to guarantee the warranty/maintenance agreement).
`8
BOOK �� `SGr
OCT - 5 1993
BOOK 90 recr, 679 -7
5. Contracts for Construction and Letters of Credit for the
remaining required improvements (sidewalks, and seeding and
mulching) to guarantee completion of the remaining
improvements.
6. Certified Engineer's Cost Estimates for the remaining required
sidewalk and seeding and mulching improvements (basis for
figuring the security amounts for the Contracts for
Construction).
ANALYSIS:
The required improvements, except for sidewalks and seeding and
mulching, have been constructed by the developer. Public Works has
issued a certificate of completion which certifies that all
improvements, except for the referenced sidewalk and seeding and
mulching work, has been satisfactorily completed. The developer
has submitted a Warranty/Maintenance Agreement and letter of credit
to guarantee performance of the constructed improvements. The
developer has also submitted Contracts for Construction for the
Required Improvements and letters of credit for the remaining
sidewalk and seeding and mulching work. All of the above
referenced documents have been reviewed and approved by the County
Attorney's Office.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners:
1. Grant final plat approval for the Colonial Gardens, Phase 2,
Subdivision;
2. Accept the submitted Warranty/Maintenance Agreement and
corresponding letter of credit.
3. Authorize the Chairman to execute the submitted Contracts for
Construction, and accept the corresponding letters of credit.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously granted
final plat approval for Colonial Gardens
Subdivision, Phase 2, as set out in staff's
recommendation.
THREE CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10
E. Final Plat Approval - Grand Harbor Plat 14 POD "I" (Victoria
Island)
The Board reviewed the following memo dated 9/28/93:
TO: James E. Chandler
County Administrator
D�IIION HEAD CONCURRENCE:
e'0 2me
obert M. eat n , AIOY
Community Developmen Director
THROUGH: Stan Boling,
Planning Director
FROM: Eric Blad/f
Staff Planner, Current Development
DATE: September 28, 1993
SUBJECT: Final Plat Approval for Grand Harbor Plat 14 POD "I"
(Victoria Island) [PD-93-09-009/IRC #93040044-003]
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 5, 1993.
DESCRIPTION AND CONDITIONS:
Grand Harbor POD "I", known as Victoria Island, is a 97 lot
subdivision within the confines of the Grand Harbor planned
residential development. The 19.73 acre subdivision is located in
the vicinity of the western boundary of Grand Harbor (see
attachment 2). The subject property is zoned RM -6, Multi -Family
Residential (up to 6 units per acre) and has a land use designation
of M-1, Medium Density Residential (up to 8 units per acre). The
proposed density for the project is 4.9 units per acre.
On July 8, 1993, the Planning and Zoning Commission granted
preliminary PD plat approval for Victoria Island, and a land
development permit waiver was subsequently issued. The developer
is now requesting final plat approval and is proposing to "bond -
out" to guarantee construction of all required subdivision
improvements.
ANALYSIS:
The developer, Grand Harbor, Inc., is now requesting final plat
approval, and has submitted the following:
1. A plat in conformance with the originally approved preliminary
plat.
2. A contract for construction of all remaining required
improvements for Victoria Island.
3.
An Engineer's Certified Cost Estimate for the remaining
required improvements. _
A Letter of Credit acceptable to the County Attorney's Office
to guarantee the construction contract.
11
BOOK 90 rnu-t 680
r___
CT -51993
BOOK 90 MF.681 -7
The Public Works Department and Utility Services Department have
reviewed and approved the Engineer's Certified Cost Estimate and
corresponding letter of credit amount. Based upon the approved
cost estimates, a contract for construction "of required
improvements has been executed by the developer,and a corresponding
letter of credit has been submitted to ensure all the required
improvements will be completed. The Attorney's Office has reviewed
and approved the contract for construction and the form of the
letter of credit. It should be noted that all improvements within
Grand Harbor will be private, with the exception of certain utility
improvements that will be dedicated to Indian requirements. County.
Th
request satisfies all applicable final plat apprival
RECOMMENDATION:
Staff recommends that the Board of County Commissioners:
1. Grant final plat approval for Grand Harbor Plat 14 (Victoria
Island), and
2. Authorize the chairman to execute the submitted Contract for
Construction of Remaining Required Improvements, and accept
the letter of credit that secures the contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously granted
final plat approval for Grand Harbor Plat 14 POD "I"
(Victoria Island) as set out in staff's
recommendation.
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
F. Resolution Delegating Authority to Execute Agreements
Transferring the Obligation to Construct sidewalks and/or Bikeways
from Developer to County
The Board reviewed the following memo dated 9/29/93:
TO: Board of County Commissioners
FROM: L William G. Collins II - Deputy County Attorney
DATE: September 29, 1993
SUBJECT: -Resolution Delegating Authority to Execute Agreements
Transferring the Obligation to Construct Sidewalks and/or
Bikeways from Developer to County
On September 7, 1993 the Board approved Ordinance 93-29 amending certain
land development regulations. The ordinance became effective on the 20th of
September. Included within the ordinance were revisions to sidewalk and
bikeway requirements, which allowed the developer the option of either
12
constructing the required sidewalk and/or bikeway or transferring the
obligation to construct the sidewalk and/or bikeway to the County by
providing a cash payment equal to 100% of the cost, and executing an
agreement for that transfer.
We wish to avoid the necessity of bringing before the Board each one of
these agreements on every site plan, planned development and subdivision
which elects this option. The Resolution attached authorizes the Public
Works Director or his designee to execute the agreement on behalf of the
County. A sample agreement is attached.
RECOMMENDATION:
Approve the attached Resolution authorizing the Public Works Director or his
designee to execute agreements for the transfer of responsibility for
required sidewalk and/or bikeway improvements.
Attorney Collins explained that the reason he wanted this item
pulled for discussion was that we received an executed agreement
from Macho last Friday regarding transfer of sidewalks and he would
like the Board to ratify that agreement even though it was prior to
this resolution.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously ratified
the agreement with Macho Properties, as recommended
by staff, and adopted Resolution 93-172A, delegating
the authority to execute agreements for the transfer
of responsibility for required bikeway and sidewalk
improvements to the Public Works Director or his
designee.
13
BOOK 90 F'.kGF V2
CT 5199
rOCT - 5 1993
BOOK 90 PAGE 683
RESOLUTION NO. 93-172-A
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DELEGATING THE AUTHORITY TO
EXECUTE AGREEMENTS FOR THE TRANSFER OF
RESPONSIBILITY FOR REQUIRED BIKEWAY AND
SIDEWALK IMPROVEMENTS TO THE PUBLIC WORKS
DIRECTOR OR HIS DESIGNEE.
WHEREAS, the Board of County Commissioners of Indian River
County, Florida passed Ordinance No. 93-29, effective as of September 20,
1993; and
WHEREAS, such ordinance provided site plan and subdivision
developers the options of constructing required sidewalk and bikeway
segments; bondirig out the construction requirements for sidewalks and
bikeways; or transferring to the County the obligation to construct the
required sidewalk and bikeway segments by cash payment of funds equal to
one hundred percent (100%) of the estimated cost of construction and
executing an agreement for the transfer of the responsibility for required
improvements; and
WHEREAS, having approved by law the option of such agreements
for the transfer of the responsibility for required improvements, the Board
wishes to delegate to its Public Works Director or his designee the authority
to execute such agreements, where sidewalks and bikeways are required in
conjunction with site plan, planned development and subdivision development
approvals,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Public
Works Director of Indian River County or his designee is authorized to
execute such agreements for the transfer of responsibility for required
bikeway and sidewalk improvements for any project for which a site plan,
planned development or subdivision approval has been granted by Indian
River County.
The resolution was moved for adoption by Commissioner T i g p in ,
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 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 -5 day of October , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
test • _ By Gl
- "o Richard N. Bird, Chairman
Jef ey K:• -•Barton, Clerk
14
G. Annual Contract with Florida HRS
The Board reviewed the following memo dated 9/29/93:
TO: Members of the Board
of County Commissioners
DATE: September 29, 1993
SUBJECT: STATE OF FLORIDA -DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES CONTRACT
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The HRS - Indian River County Public Health Unit has submitted their annual contract to
the county under F.S. 154. As in prior years, staff would like to remove the word "cash"
from page 5, Section VIII, Subsection B, last sentence.
Staff recommends approval of this contract after the above change has been made.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the annual contract with the Florida Dept. of Health
and Rehabilitative Services.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
15
L- OCT - 5 i9qi
BOOK 9® Pb ' 68
BOOK 90 FAGS 65
H. Bid #4005 - Custodial Services
The Board reviewed the following memo dated 9/22/93:
TO: James Chandler
County Administrator
THRD: H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Lynn Williams, Superintendent
Buildings & Grounds
DATE: September 22, 1993
SUBJECT: Custodial Services Bid #4005
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
The Buildings & Grounds Division presently contracts for
custodial services in seven (7) facilities totaling one hundred
sixty eight thousand (168,000) gross square feet of space.
Superior Building Services has held the contract for the last three
(3) years. Contracted custodial services have historically been
awarded to the low bidder or the lowest responsive bidder.
Unfortunately, this has often led to "low ball" bidding by
companies inexperienced in providing service in large commercial
facilities. Further, this. leaves little or no margin for oversight
in service requirements the contractor may have made. As may be
expected, changes in use, operating hours and even client traffic
effect the service needs of a particular facility. It is our
expectation that the custodial provider maintain proper service
levels irregardless of margin or staffing. Companies operating on
close margins have not proven that this can be done. In addition,
low bidders have typically lacked formal training, access to
technology and materials and a consistent long term work force.
Much of the rationale for evaluation of the proposals received
for this contract and even the preparation of the specifications
were predicated upon this experience and a desire to avoid past
mistakes. Proposarikwere received from six (6) firms with annual
proposals ranging trtq one hundred fifteen thousand, six hundred
fifty eight dollars115,658.00) to four hundred seventy six
thousand, eight hundred nd forty dollars ($476,840.00). Staff
thoroughly evaluated the three (3) lowest proposals, including
interviews, references and -site visits to facilities served by
the vendor. Proposed suppl mental services were evaluated and
added to the base fee in order to provide a true comparison of the
annual cost of the service.
It should be pointed out that staff has completed an in-house
projection of the contract value based on past experience, needed
improvements, projected man. hours and square footage. All
Proposals fall within the budgeted amount for this service.
Staff's estimate of the base services total one hundred forty nine
thousand, five hundred twenty dollars ($149,520.00) or
approximately eighty nine cents (.89) per square foot per year.
Occupants in several of our facilities expressed the need for
modifications to the scope of services and frequencies of tasks
included in the specifications. It was recognized that changes
16
M ® M
were necessary to improve the conditions and appearance of these
facilities. To this end, specifications were written to allow
greater flexibility in evaluation and review of submitted
proposals. A quoofaire was included the provider and ato gain beter isight
pe formance bondn
into the capabilitiesequal
to fifty percent (50%) of the contract was required.
ALTERNATIVES AND ANALYSIS:
Staff requested comment from the major facilities served by
the present contractor. Several of the complaints or comments have
been addressed through modifications to the scope of services.
However, comments concerning the quality of work and the appearance
of the facilities reflect the desire and ultimately the need to
change contractors.
Personal inspections of our facilities, as well as
evaluation's performed by my staff have shown an inconsistency in
quality, appearance, and frequency provided by our present service.
Although I have had numerous discussions with the contractor and my
staff communicates almost daily about these concerns, I feel that
long term improvement is not likely. Based on problems experienced
in the past and the litany elements required to properly evaluate a
pros ective cleaning service, staff used a;L Request for Information
(RF� to obtain detailed information to evaluate the companies
rather than a simple bid. Price was not the driving factor in
making a determination as to which company could meet the demand
for this type service.
Evaluation of three (3) companies based on criteria discussed
led to the following ranking.
1. C1eanNet of Central Florida $147,720.00 annual
2. Grosvenor Building Services $121,921.20 annual
3. Superior Building Services $115,658.40 annual
During the discussions with C1eanNet, we were offered a
discount of five percent (5%) on their proposal based upon the
addition of the new Courthouse upon completion in 93-94 fiscal
year. No pricing for the Courthouse was requested at this time so
the service could be tailored to the finished building need.
Supplemental services include carpet and window cleaning.
Projections for carpet cleaning were based upon approximately one
hundred thousand (100,000) square feet annually dry clean method
and sixty thousand (60,000) square feet annually extraction method.
Based upon these projections, each firm rates as listed.
1. C1eanNet of Central Florida $ 9,800
2. Grosvenor Building Services $21,000
3. Superior Building Services $ 9,600
Window cleaning was only offered as a supplemental service by
C1eanNet at a cost of seven hundred fifty dollars ($750.00) per
session for all buildings. In fiscal year 92-93, we have spent
approximately eighteen hundred dollars ($1,800) for one (1)
cleaning on only three ( 3 ) buildings. We expect to save twenty one
hundred dollars ($2,100.00) during 93-94 based on two (2) cleanings
per year (2 x $1,800 = $3,600). Other respondents offered the
service via sub -contractors at an unspecified price.
Combined comparison
supplemental services:
®C5 19.9,7
of Contractors including projected
17
BOOK 9O��; (A96
1
C1eanNet
Grosvenor
Superior
*Estimated
Base Carpet Windows
$147,720 $ 9,800
$121,921 $21,000
$115,658 $ 9,600
BOOK 90 PAGE 68.7 -7
Annual
Total
$1,500 $159,020
$3,600`* $146,521
$3,600* $128,858
Alternative I - Approve proposal from Superior Building
Services in the amount of one hundred fifteen thousand, six hundred
fifty eight dollars and forty cents ($115,658.40) for fiscal year
93-94 which includes the requirements of fifty percent (50%) bond.
Alternative II - Approve proposal from Grosvenor Building
Services in the amount of one hundred twenty one thousand nine
hundred twenty one dollars and twenty cents ($121,921.20) which
includes the requirement of fifty percent (50%) performance bond.
Alternative III - Approve
hundred forty seven thousand
($147,720.00) which includes the
(50%) performance bond.
RECON 30MAT I ON AND FUNDING:
C1eanNet in the amount of one
seven hundred twenty dollars
requirement of fifty percent
Staff recommends that Alternative III (award to C1eanNet of
Central Florida) be approved as best and most responsive bidder and
that contract documents be prepared and returned to the Board for
approval.
Our review of C1eanNet's submittals, on-site visits to
buildings they presently serve and their responses given during the
interview/discussion support this recommendation. We feel they
offer the best combination of capabilities, experience, operational
structure and commitment to meet our needs.
Funding is available in the Buildings & Grounds Division
budgeted account #001-220-519-033.49, Other Contractual Services.
Account total is two hundred seventeen thousand eight hundred forty
four dollars ($217,844.00) with one hundred seventy four thousand
eight hundred forty four dollars ($174,844.00) for custodial
services including carpet and window cleaning.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #4005 to Clean Net of Central Florida for
custodial services in the amount of $140,328, as set
out in staff's recommendation.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
18
I. Resolution Opposing SB -1405 re National Flood Insurance Reform
Act of 1993
The Board reviewed the following memo dated 10/1/93:
DATE: October 1, 1993
TO: Board of County Commission
FROM: Fran B. Adams, County Commissioner
RE: Opposition to Senate Bill 1405
I talked to Peter Fallon yesterday, and he has requested that the
County Commission send a Resolution opposing Senate Bill 1405
regarding the National Flood Insurance Reform Act of 1993. A
sample Resolution is attached, as well as his address to the
Senate Subcommittee on Housing and Urban Affairs concerning this
Bill.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-173, opposing Senate Bill 1405
regarding the National Flood Insurance Reform Act of
1993, as it is currently worded, and recommending
certain changes which would make the proposed law
acceptable.
RESOLUTION NO. 93-173
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, OPPOSING SENATE BILL 1405
REGARDING THE NATIONAL FLOOD INSURANCE
REFORM ACT OF 1993 AS IT IS CURRENTLY
WORDED, AND RECOMMENDING CERTAIN
CHANGES WHICH WOULD MARE THE PROPOSED
LAW ACCEPTABLE.
WHEREAS, the current Bill is being deliberated in the U.S.
Senate as the National Flood Insurance Reform Act of 1993; and
WHEREAS, 'the Bill recognizes the need for reform of the
present National Flood Insurance program to be more actuarially
sound; and
WHEREAS, the Bill would require mapping the entire U.S.
coastline at a cost of 25 million dollars from policy premiums to
establish 30 year and 60 year erosion control zones; and
WHEREAS, the establishment of said 30 and 60 year erosion
control zones is arbitrary and unpredictable throughout the
entire cost of the United States on a standardized basis and is
highly controversial; and
WHEREAS, the Bill does not permit flood insurance for any
new construction or additions to existing structures in the 30
year zone; and
WHEREAS, the Bill does not permit flood insurance for any
non-residential structure or residential structure that is not
readily movable in the 60 year zone; and
19
BOOK 90. [,AU 68
r- OCT -51993 BOOK 90 Fa:cr- 689 -7
RESOLUTION NO. 93-173
WHEREAS, existing structures are grandfathered into the Bill
but will ultimately be denied insurance after two claims totaling
50 per cent within ten years; and
WHEREAS, this Bill would prohibit federally backed mortgage
financing institutions from financing structures within flood
prone areas unless such structures were insured under the
National Flood Insurance program; and
WHEREAS, this Bill would therefore greatly diminish the
value of property within virtually every coastal community in the
nation because owners could not insure the structures on their
property or sell to buyers having to finance the purchase of such
property; and
WHEREAS, the Property Appraiser of Indian River County has
determined that the coastal properties of said county generate
over 48 million dollars in tax revenue and this amount is 43 per
cent of the entire Indian River County budget and has concluded
that this Bill would drastically reduce the tax base of Indian
River County; and
WHEREAS, this Bill would impose no similar prohibitions on
the insurability of structures within other areas of the nation
which are chronically and predictably flood prone, such as the
riverine areas, even though statistics show that number and value
of flood insurance claims from riverine areas have exceeded those
from coastal areas; and
WHEREAS, the severe economic impact of the Bill on coastal
tax bases has not been considered and this impact far exceeds the
intent of the Bill; and
WHEREAS, the Senate should not enact this Bill in' its
current form due to this inequity and fundamental unfairness to
coastal property owners;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board urges the Senate to reject Senate Bill 1450
in its current form due to its devastating impact on
the tax base and fundamental unfairness to the nation's
coastal property owners, and in particular, those in
Florida who make up more than 43.per cent of all -
National Flood Insurance program policy holders.
2. The Board strongly recommends that the actuarial
soundness of the National Flood Insurance Program be
significantly increased by enforcing regulations to
mandate that the other 8.5 million uninsured structures
in federally designated flood areas be brought into
compliance.
3. The Board further recommends that the controversial and
scientifically unreliable mapping to create 30 and 60
year coastal zones of erosion be deleted until the
chronic and repetitive riverine losses are addressed.
The resolution was moved for adoption by Commissioner
Eggert, 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
The Chairman thereupon declared the resolution duly passed
and adopted this 5 day of October, 1993.
Attest:
Jefey K. Ba ton, CCerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Byi
Rchard �NBi�rd�
Chairman
20
- M
REQUEST FOR PROPOSALS FOR LAND ACQUISITION CONSULTANT SERVICES
The Board reviewed the following memo dated 9/28/93:
TO:
FROM:
DATE:
RE:
James E. Chandler
County Administrator
Community
HEAD CONCURRENCE:
Director
Roland M. DeBlois,'AICP
Chief, Environmental Planning
September 28, 1993
Authorization to Issue Request for Proposals (RFP) for
Land Acquisition Consultant Services
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 5, 1993.
DESCRIPTION AND CONDITIONS
This matter is presented to the Board for authorization to
advertise the attached Request for Proposals (RFP) for
environmental land acquisition consultant services. The.purpose of
this RFP is to obtain proposals which may determine whether or not
contracting for such services would be in the County's interest in
implementing the county environmental land acquisition program.
With the passage of the bond referendum and the on-going submittal
of cost -share proposals to various state funding programs, the
County is reaching a point where environmental land purchase
negotiations will soon be necessary.
Although the acquisition process for several environmental
properties has been initiated from the standpoint of staff's
contact with prospective sellers, the negotiation of purchase price
and contracts has yet to occur.
With respect to all acquisitions, the County's objective is to
negotiate a purchase price for environmental lands which is at
appraised value or less. In doing so, the County has the option of
conducting these negotiations by in-house staff, or by contracting
land acquisition consultant services. These services would be paid
from bond referendum monies, as part of acquisition costs.
The County Land Acquisition Advisory Committee (LAAC), at its
regular meeting on August 25, 1993, endorsed staff's proposal to
advertise an RFP for- purposes of obtaining information on
environmental land acquisition consultant services.
ALTERNATIVES & ANALYSIS
It is important to note that advertisement of the attached RFP
would not obligate the County to contract for. environmental land
acquisition consultant services, but would only solicit information
for the County to consider in determining the costs and benefits of
such services.
21
OCT -5 1993
BOOK 90 PAGE 690
r OCT 0 5 6993
Advantages
BOOK .90 FACE 61
There are a number of advantages relating to the County obtaining
land acquisition consultant services. One of these advantages is
expertise based on experience. Although county staff are capable of
performing purchase negotiation tasks, the added expertise of an
experienced consultant may result in the Countv obtaining
properties at lower cost. Moreover, consultants with proven
experience and insight relating to state cost -share program
workings can help staff secure state funds in a timely manner.
Another advantage is the public perception of objectivity relating
to an independent party other than the County directly negotiating
purchases. Moreover, a prospective seller may be more willing to
work with a experienced consultant than with local government
staff.
If the County contracts for acquisition services, the selected for-
profit or nonprofit consulting firm or organization would have the
opportunity to focus on negotiation tasks as a singular effort.
With County staff fully responsible for negotiation efforts,
however, that would not be the case. Instead, staff will still be
performing other tasks in addition to acquisition negotiations,
resulting in less than optimum circumstances for obtaining the best
possible acquisition deals.
Other counties with similar land acquisition programs have opted to
contract land acquisition consultant services. Two examples are
Brevard County and Palm Beach County. Both of these counties have
full time staff devoted to the task of environmental land
acquisition. Even with this staffing, these large, sophisticated
local governments have found that contracting for land acquisition
consultant services is in the best interest of their programs.
Disadvantages
A disadvantage of the County contracting land acquisition
consultant services is the cost of those services. However, the
savings of negotiated lower purchase costs would potentially offset
consultant services. For example, in administering Palm Beach
County's environmental land acquisition program, the acquisition
consultant has successfully negotiated purchases averaging
approximately 80% of appraised value.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
staff to advertise the attached Request for Proposals to solicit
land acquisition consultant service proposals.
Commissioner Macht felt that staff is right on in their
recommendation of having an independent party negotiate the
purchases.
Commissioner Eggert asked if there are any local consulting
firms that could provide this service, and Community Development
W
Director Robert Keating advised that the experience in most areas
is that a non-profit firm has come in and gotten the bid. Both
Palm Beach and Brevard Counties retain the Nature Conservancy as
their consultant.
Commissioner Tippin fully supported having an independent
party do the negotiating as he felt is very important to keep these
public funds as squeaky clean as possible, and Chairman Bird
wholeheartedly agreed because he felt we really put staff in a
tough position when we send them out there to negotiate on multi-
million dollar properties with limited background and experience.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized staff to advertise the Request for
Proposals to solicit land acquisition consultant
service proposals, as recommended by staff.
JUDICIAL COMPLEX PROJECT - CLOSED CIRCUIT VIDEO/AUDIO TRANSMISSION
SYSTEM
The Board reviewed the following memo dated 9/27/93:
DATE: SEPTEMBER 27, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY JUDICIAL COMPLEX PROJECT
CLOSED CIRCUIT VIDEO/AUDIO TRANSMISSION SYSTEM
BACKGROUND:
On April 6,, 1993, the Board approved a contract with Precision
Contracting Services, Inc. (PCS) to engineer and install the subject
system between the jail and new courthouse. The fiber optic cable
used in transmission is to junction at our Administration Building to
allow data and telephone to be transmitted to and from the other two
locations. This concept would allow all county entities to make
maximum use of this cable.
PCS and this writer have met with the Judges, Clerk, State Attorney,
Public Defender, and Sheriff's Office to ascertain their needs for a
communications link such as proposed for this project. These
meetings have resulted in an increased need for the fiber optic
cable.
The following chart depicts the results of our study.
23
BOOK 90 P,1GE 692®C�° m 51993
DESCRIPTION
Fiber Cable Installation
Aerial Method
Underground Method
Fiber Cable
12 Fiber
24 Fiber
Transmission
Analog
Digital
Strands
Equipment
CCTV Electronics
Base CCTV
Multiview
Additional Items
2nd Station at Jail
Matrix A/V Switch
Engineering
Assistive Listening
(Courtrooms)
TOTAL
ANALYSIS:
ORIGINAL CONTRACT
_$73,875
Inc.Above
$45,750
$72,375
-0-
-0-
$ 8,000
-0-
$200,000
BOOK 90 PAGE 6,9
PROPOSED CHANGE
$98,500
$14,850
$69,000
$72,375
$10,000
$11,000
$ 8,000
$ 7,000
$290,725
$24,625
$14,850
$23,250
-0-
$10,000
$11,000
-0-
$ 7,000
$90,725
Staff originally felt it would be more economical to install the
fiber optic cable aerial on City owned Utility poles. However, with
an annual rental fee to attach to the poles and the reliability with
underground cable, the additional cost for installation was
determined to be in the best interest of the County.
In accessing the needs of all governmental departments and to allow
for growth there appears to be a need to increase the number of
fibers from the originally planned twelve to twenty-four strands.
The difference in cost is justified, if we can meet the present
requirement and allow for the future. To come back later and install
another cable to meet a need would be more than the $25,000
additional cost proposed at this time.
The Judges and Sheriff's people have requested an additional CCTV
station at the jail. This was not anticipated in the original
budget. The additional cost is $10,000.
A Matrix A/V Switch is an.electronic device
combination of Audio/Visual transmissions
various courtrooms and hearing rooms in the
of equipment is needed in conjunction with
and when additional locations are added in
The present additional cost is $11;000.
used to allow for any
from the Jail to the
courthouse. This piece
the second jail station
the Courthouse or Jail.
Assistive Listening is something that is required by ADA in the
courtrooms of the new courthouse and should have been included in the
general contract. However, it was overlooked by the architect. The
cost for this equipment is $7,000.
Staff recommends an amendment to the present contract with Precision
Contracting Services, Inc. to include the items listed above with an
additional price of $90,725. It is also requested that the Board
Chairman be authorized to execute the appropriate documents. Funds
will come from optional 14 Sales Tax Revenue.
24
General Services Director Sonny Dean advised that the original
plans for the Courthouse included a line item to install an
underground fiber optic cable between the Courthouse and the Jail
to replace our present microwave system, which is being used for
first appearances and arraignments through an audio/visual network.
Staff is recommending that the Board approve this change which
would increase the budget by $90,725 for a total of $290,725. He
noted that Bruce Boyce from Precision Services, Inc. (PCS) is here
today to answer any questions the Board may have.
Chairman Bird understood that the underground cable would
connect the Jail, Sheriff's Administration Building, and
Courthouse. He felt it is very hard to imagine all that cable
being laid underground for just another $24,625, but if that can be
done and someone is willing to sign a contract for it, that is okay
with him.
Mr. Boyce explained that the cost of the cable was included in
the original estimate of $73,875 for the aerial installation.
Therefore, the real difference between aerial installation and
underground installation is a little bit more than $24,625. The
change to go from 12 -strand to 24 -strand cable is an additional
$14,850.
Chairman Bird questioned the reliability of underground cable,
and Mr. Boyce explained that AT&T and Sprint are using this same
type of underground cable for their long distance services,
installing them down the middle of railroad tracks and alongside
highways.
At the request of Commissioner Macht, Director Dean elaborated
on the Courthouse Committee's recommendation for going from a court
reporter to audio/visual transmission. The Clerk is looking at the
latest equipment on the market, especially a cassette that records
both the audio and visual portions and is easily stored. This
would tie into the wiring system inside the Courthouse. This will
be coming to the Board as soon as the Clerk makes his
recommendation.
Commissioner Tippin stated he was getting cold feet on the
constant recommendations to go to state of the art facilities.
While having underground cable and more optic fibers would be nice,
he found it real hard to justify that much increase for the
changes.
Director. Dean advised that the funds would come from the one
cent sales tax revenues.
Commissioner Eggert inquired about the second station, and
Director Dean explained that the Sheriff has requested a second
station at the Jail to match the two in the Courthouse to allow
PV
BOOK 90 r,�l r.6 4
OCT - 51993
BOOK 90 Ft,GE 695
them to carry on two proceedings at the same time. Actually, you
could have a trial on one station and use the other station for
first appearances and arraignments.
Commissioner Macht noted that trial proceedings are very
expensive and this system is designed to eliminate the cost and
risk in transporting people from the Jail to the Courthouse. The
State has a limited amount of funds to pay these costs and when
those funds run out, the County picks up the cost.
Chairman Bird was concerned that sometime in the future a
liberal Supreme Court judge may say that it is cruel and unusual
punishment for the judge not to come face to face with the accused.
Commissioner Macht felt the practice of using audio/visual
transmission has been fairly well established. He stressed that
this system is not the icing on the cake; this system is standard
throughout the country.
Commissioner Adams asked if we will be over budget when we
finish the Courthouse, but Director Dean anticipated that we would
be under budget due to $1 -million of contingencies in the budget
that has not been touched yet.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Tippin, that the Board approve the
amendment to the present contract with Precision
Contracting Services, Inc. to include the items
listed in staff's memo at an additional price of
$90,725; funding to come from optional 1 -cent sales
tax revenue.
Under discussion, Commissioner Tippin stated he could not
support the Motion because he felt that if all this state of the
art equipment really isn't needed at the Courthouse, there are a
lot of other things we do need in this county. It is a matter of
what we can afford.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
carried by a 4-1 vote, Commissioner Tippin dissenting.
AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TOTHE BOARD
APPROVAL OF RIGHT-OF-WAY ACQUISITION, OSLO ROAD/OLD DIXIE HWY. --
HELSETH. PARCELS #103 AND #104
The Board reviewed the following memo dated 9/27/93:
FX1
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director...
and
Terry B. Thompson, P.E.
Capital Projects Manager,.
FROM: Donald G. Finney, SRA
County Right -of -Way Agent
SUBJECT: Purchase Authorization; Oslo Road/Old Dixie
Right -of -Way Acquisition, Phillip and Patsy
Helseth, Parcels #103 and #104
DATE: September 27, 1993 FILE: helseth2.agn
DESCRIPTION AND CONDITIONS
The County plans to widen and signalize the intersection of Oslo
Road and Old Dixie Highway. Additional right-of-way is needed from
the Helseths northwest corner parcel.
On September 15, 1993, the Helseths sold the northwest RS6 zoned
corner parcel to Blake and Torres for $133,300. The Helseths
reserved the right-of-way negotiations and proceeds for right-of-
way parcels #103 and #104 from the sale.
Subtracting the estimated value of improvements from the $133,300
sale price leaves a land value of approximately $2.30 per square
foot. The County previously purchased right-of-way parcels on Oslo
Road at a price range of $1.50 to $3.00 depending on location.
The Helseths have agreed to sell the needed right-of-way to the
County for $2.30 per square foot. No appreciable improvements are
located within the proposed right-of-way.
The Helseths have executed the attached contracts for right-of-way
parcels #103 and #104 in the amount of $16,382.90 and $6,315.80,
respectively.
RECOMMENDATIONS AND FUNDING
Staff has discussed Eminent Domain proceedings with the County
Attorney's office. The final cost of condemnation to acquire the
parcels would exceed the contract purchase prices and Attorney's
fee.
Staff recommends the Board accept the $23,698.70 -for the two
contracts. Staff also recommends the Board authorize payment of
Attorney's fees of $500.for each parcel.
Funding is available in Traffic Impact Fee District 6 - Account No.
101-156-541-067.43.
27
BOOK 90 `'AGE 696
OCT -51993 J
� OCT m 5 19s3
BOOK 90 uu 69
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the purchase of the two parcels in the
amount of $23,698.70 and approved payment of
attorney fees of $500 for each parcel, as
recommended by staff.
CONTRACTS FOR SALE AND PURCHASE ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
COUNTY ROAD 512 CLEARING DISPOSAL - SHELTRA & SONS
The Board reviewed the following memo dated 9/29/93:
TO: James E. Chandler,
County Administrator
FROM: James -W. Davis, P.E.,
Public Works Director
SUBJECT: CR512 Clearing Disposal
DATE: September -29, 1993 FILE: CR512CLR.AGN
DESCRIPTION AND CONDITIONS
As requested by the Board of County Commissioners on Sept. 14,
1993, staff met on Sept. 28, 1993, with the CR512 Clearing
Contractor, Sheltra and Sons, and the Attorneys representing
Sheltra and Sons (Scott Kramer of Kramer, Ali, and Lambert), to
present an offer of $5,000 in additional compensation for the
disposal of the clearing material along CR512.
The Contractor's Attorney presented the attached list of additional
expenses totaling $49,460, which the Contractor claims has accrued
due to time delays on disposing of the cleared material. During
the Sept. 28, 1993 meeting, the Contractor and his Attorney
indicated that the $5,000 was not acceptable.
RECOMMENDATIONS AND FUNDING
To resolve the matter, the County Attorney's Office has recommended
voluntary mediation before former Judge Daniels on Friday, Oct. 1,
1993. Following the mediation, staff would request presenting to
the Board of County Commissioners the agreed upon proposal, if a
resolution is forthcoming.
28
Public Works Director Jim Davis reported that the 3 -hour
mediation session held last Friday resulted in both parties
agreeing to the County paying the contractor an additional $15,200,
instead of the proposed $5,000. That amount involves the costs of
renting a large machine to chip all the cleared material. Staff is
recommending approval of the $15,200.
Commissioner Adams wondered what part of "no" Sheltra did not
understand. She stressed that this has been a very embarrassing
situation, and she didn't know why we should be held liable if a
firm finds it cannot follow the contract they bid. The Board
reluctantly agreed to the $5,000 to settle the matter at the
September 14 meeting, and now all of a sudden we are looking at
$15,200. She hoped that in the future we will remember that we
don't have to take the lowest bid.
Chairman Bird recalled that the burning issue was due
basically to a misinterpretation of the County's ordinance
prohibiting the burning of material cleared and transported from
another site. The county departments involved in preparing the
contract documents were not aware of the impact of the Solid Waste
Disposal District ruling of May 18, 1993.
Commissioner Macht felt we need better inter -departmental
education on some of these items, and Chairman Bird felt it is good
sometimes that we get hit by the same requirements that are applied
to private firms.
Commissioner Adams pointed out that the original contract was
clear that they could dispose of the material by some other method.
Director Davis explained that the price arrived at during
mediation was based on the remaining material to be chipped on
site. He understood that the $400 hourly rental for the large
chipper is still applicable, but pointed out that doesn't cover the
cost of hauling.
Scott Kramer, attorney for Sheltra & Sons Construction
Company, advised that the contract itself states that there will be
no charge for hauling all the material within a certain radius.
However, they don't know yet where the material is to be brought.
Chairman Bird felt certain that Director Davis would decide on
a location inside of that radius.
Assistant County Attorney Terry O'Brien advised that he
participated in the mediation proceedings and felt true compromise
was made by.both sides in order to avoid litigation.
29
BOOK 9Q HAGF_ 69�
FF,—DCT -5,ss3
BOOK
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Tippin, by a vote of 3-2 (Commissioners
Adams and Eggert dissenting), the Board approved
Amendment No. 1 to Agreement with Sheltra & Sons for
Wentworth Ditch Relocation and Landscaping for the
amount of $15,200 arrived at through mediation.
90 FAu.699
AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WEST COUNTY WASTEWATER TREATMENT PLANT SEWER FORCE MAIN CONTRACT
2 - CHANGE ORDER 1 AND FINAL PAY REQUEST
The Board reviewed the following memo dated 9/23/93:
DATE: SEPTEMBER 23, 1993
TO:
JAMES E. CHANDLER
COUNTY ADMINIS R
FROM:
TERRANCE G. PI
DIRECTOR OF UT RVICES
PREPARED
WILL F. MCCAIN
AND STAFFED
CAPITAL ENGINEER
BY:
DEP F ILITY SERVICES
SUBJECT: WEST COUNTY WASTEWATER TREATMBNT PLANT SEWER FORCE
MAIN, CONTRACT 2
INDIAN RIVER COUNTY PROJECT NO. IIS -87 -07 -DC
FINAL PAY REQUEST AND CHANGE ORDER 1
BACKGROUND
On March 9, 1993, a contract with Jobear, Inc., was approved by the
Board of County Commissioners for the above -referenced project (see
attached agenda item and minutes). This project is now complete,
and we are requesting approval of the final change order and pay
request (see attached).
The original contract price was $314,633.00. The final change order
reflects a decrease in the amount of $4,619.97 (see attached change
order reconciliation sheet), making the final contract amount
$310,013.03. As a result of piping changes during the project to
accommodate potential conflicts with an effluent force main project
in the same area of 82nd Avenue, there were several piping items
that were no longer needed in this contract. In order to avoid high
restocking fees (almost 30% of the material cost), the contractor
has agreed to sell the material to the County below cost. These
materials can be utilized immediately on our ongoing Oslo Road force
main so payment for the material will be handled out of the account
for that project. The total proposed purchase price is $4,950.00,
which will allow a reduction in that amount in a future change order
on the Oslo Road project.
The staff of the Department of Utility Services recommends approval
of the attached final pay request and change order as submitted and
requests that authorization be given to purchase the excess
materials from the project at a cost of $4,950.00.
30
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board unanimously approved
final pay request and Change Order No. 1 and
authorized the purchase of excess materials from the
project at a cost of $4,950.
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
82ND AVENUE SEWER - REGIONAL LANDFILL LIFT STATION -- FINAL PAY
REQUEST AND CHANGE ORDER NO. 2
The Board reviewed the following memo dated 9/27/93:
TO:
FROM:
STAFFED AND
PREPARED BY:
SUBJECT:
BACKGROUND:
JAMES E. CHANDLER
COUNTY ADMINISTRA
TERRANCE G.
DIRECTOR OF
SERVICES
SEPTEMBER 27, 1993
82ND AVENUE SEWER; LANDFILL LIFT STATION
FINAL PAY REQUEST AND CHANGE ORDER NO. 2
IRC PROJECT NO. US -90 -15 -CS
On September 15, 1993, the Indian River County Board of County
Commissioners approved a contract with GBS Construction for the
above -listed project (see attached minutes). The project is now
complete, and the final reconciliation of quantities is attached,
along with the associated change order. Several problems have
affected this project's completion, ranging from slow materials
delivery dates, to personnel changes within GBS. We have negotiated
a liquidated damages settlement (see attached change order), which
reflects a compromise split of approximately 50/50 with the
contractor.
ANALYSIS:
The original contract amount was $81,230.00; Change Order No. 1
reduced the contract by $70500.00. The attached final change order
further reduces the contract amount by $8,958.40, making the final
contract amount $64,771.60. This reflects the liquidated damage
settlement as well as a change of $996.40 for the spare parts that
were not received. The funding for this project will come from the
Solid Waste Disposal District, as well as the Utilities Department
impact fee fund; the Solid Waste portion is outlined on the attached
billing.
RECOMMENDATION:
The staff of the Department of Utility Services recommends approval
of Change Order No. 2 and the final pay request with GBS
Construction as presented, and authorization of the purchase of
spare parts at a cost of $996.40.
31
BOOK 90 F'nE 700
OCT ® �e
r 0 CT
BOOK 90 PAGF.701 -7
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 2 and the final pay request by GBS
Excavating, Inc., and authorized the purchase of
spare parts at a cost of $996.40, as recommended by
staff.
CHANGE ORDER NO. 2 AND FINAL PAY REQUEST IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
OSLO ROAD SEWER FORCE MAIN ENGINEERING - ADDENDUM NO. 1 AND
CONTRACT CHANGE ORDER NO. 1 -
The Board reviewed the following memo dated 9/24/93:
DATE: SEPTEMBER 24, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINT
DIRECTOR OF UTI VICES
PREPARED WILLIAM F.Mc I
AND STAFFED CAPITAL PRO GINEER
BY: DEPARTMENT TY SERVICES
SUBJECT: OSLO ROAD (WEST) SEWER FORCE MAIN ENGINEERING
ADDENDUM NO. 1 AND CONTRACT CHANGE ORDER NO. 1
INDIAN RIVER COUNTY PROJECT NO. IIS -90 -19.1 -CS
On May 4, 1993, the Indian River County Board of County
Commissioners approved a contract with Speegle Construction, Inc.,
in the amount of $487,000.00 for the above -listed project. Portions
of this construction have been on hold due to potential line size
changes relative to the County's purchase of GDU. Our Master Plan
consultant has determined final line size changes, pump station
locations, and routing changes, which will ultimately send the South
County wastewater flow to the GDU facility (see attached South
County sewer exhibit). As a result of these changes, we have
negotiated an addendum to the engineer's contract (Masteller and
Moler, Inc.) for Oslo Road, as well as a change order to Speegle
Construction (see attached).
ANALYSIS
The negotiated addendum to the Masteller and Moler contract is in
the amount of $2,900.00 and is below what it will cost them to
perform the work. The change order to the Speegle contract is in
the amount of $13,779.43 (see attached change order reconciliation
sheet for details), making Speegle's revised contract amount
$500,779.43.
32
You will notice that Item No. 33 on the reconciliation sheet
(12 -inch diameter force main) is an installation cost only. The
contractor can no longer purchase the 12 -inch PVC at the original
contract price due to the volatile PVC market. For example,
originally he was able to supply the pipe for $7.57/LF; his new cost
would be $10.23/LF. This would equate to a contract increase of
$17,795.40 for the pipe cost.alone. The Utilities Department can --
purchase the same pipe under its unit contract with Davis Meter at
$8.75/LF, which equates to a cost of $58,537.50, or a cost savings
of $9,901.20, compared to the contract purchase price. Item No. 37
on the change order reconciliation sheet is for the installation of
materials purchased from the West Regional Force Main contract
previously in front of the Board. The additional total cost to this
project is as follows:
1. Additional Engineering $ 2,900.00
2. Change Order No. 1 with Speegle 13,779.43
3. County purchase of 12 -inch PVC (6690 LF) 52,537.50
4.* County purchase of pipe from West Regional 4.950.00
Force Main Project
Total additional project cost $80,166.93
* Approval requested under previous agenda item before the BCC.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval
of the following:
1. Addendum No. 1 with Masteller and Moler, Inc., in the amount of
$2,900.00.
2. Change Order No. 1 with Speegle Construction in the amount of -
$13,779.43.
3. Approval to purchase 6,690 LF of 12 -inch PVC from Davis Meter
in the amount of $58,537.50.
Commissioner Adams questioned why Masteller & Moler would do
this for below what it would cost them, and Bill McCain, capital
project engineer, explained that we have a good working
relationship with Masteller & Moler who felt the engineering fees
were fair given the amount of work to be done. We did negotiate
that cost with them.
Commissioner Adams also questioned the purchase of the 12 -inch
PVC because she remembered that we just purchased some 12 -inch
pipe.
Mr. McCain explained that we recently purchased 24 -inch pipe
and associated pieces from the JoBear contract at the west county
wastewater treatment facility and that pipe will be installed as
part of this .change order.
Commissioner Macht understood that this work is directly
related to the fact that this plant has much more capacity than it
is using, and Mr. McCain replied affirmatively.
33
L_OCT -51993
BOOK 90 F -AGE 702
OCT o 5 1993
BOOK 90 r"GE 7,A
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Addendum No. 1 with Masteller & Moler in the amount
of $2,900; Change Order No. 1 with Speegle
Construction in the amount of $13,779.43; and the
purchase of 6,690 LF. of 12 -inch PVC. from Davis Meter
in the amount of $58,537.50. as recommended by
staff.
ADDENDUM NO. 1 AND CHANGE ORDER NO. 1 ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
DISCUSSION OF PROPOSED INCREASED SEWER AND WATER RATES BY CITY OF
VERO BEACH
Chairman Bird read aloud the following letter that was hand
delivered to Thomas Nason of the City of Vero Beach on 9/30/93:
BOARD OF COUNTk CdAtAdSSIONERS
1840 ?Stli Street, Vero Beaeh, Florida 32960
Telephone -(407)567-8000
September 30, 1993
Mr. Thomas Nason
City Manager
City of Vero Beach
Post Office Box 1389
Vero Beach, Florida 32961-1389
NAND-MLIVERED
SUBJECT: REVIEW OF 1993 WATER AND SEWER RATE STUDY 1POR THE CITY OF
VERO BEACH, FLORIDA - WHOLESALE WASTEWATER RATES TO BE
CHARGED TO INDIAN RIVER COUNTY
Dear Mr. Nason:
Indian River County and its rate consultant, CH2M Hill, have
reviewed the water and wastewater rate'study prepared by the City of
Vero Beach, dated September 1993. We focused our review on the
wholesale sewer rates that the City is planning to impose on Indian
River County. In our review, we sought to gain assurance that the
proposed charges will be equitable and reflect the Iictual cost of
providing service to the County.
34
The City is proposing to increase sewer charges overall by
approximin effect.
However, they proposed incrercent ease to over the County is consirates derably greater
However, P P .
- 20 percent.
Charge Component Existing Rate Proposed Rate
Monthly Demand
Charge $7,925
Commodity Charge $1.28
Per 1000 Gallons
In the City's report, based on projected
per day of wastewater flow, this amounts
the County's cost of about 20 percent, or
year.
$13j140
$1.28
flows of 467,000 gallons
to an overall increase in
an estimattld $62,600 per
The report indicates that even with this rate increase# the cost of
treating the County's wastewater will not be fully recovered through
these charges, and that additional rate increases to the County may
be expected next year. This is alarming, inasmuch an the proposed
rate increase to the County for 1994 is substantial.
The report does not explain how costs were allocated to the County.
Therefore, it is not possible to determine whether or not the costs
were allocated appropriately. We are able to conclude only that
either the costs allocated to the County in the past were
inadequate, in the City's view, or the City has allocated an
inappropriate share of the system's expenses to the County.
The County has requested additional information from the City
concerning the allocation of costs and the basis for such
allocation. Once this information is received and reviewed, perhaps
it would be appropriate to meet with the City to ensure that the
City's proposed rates are in fact justified and that the County
staff fully understands the basis for the proposed rate increases.
We understand that the City has scheduled a rate hearing for early
next week. The County requests that the City defer approval of the
wholesale sewer rates until after the County has an opportunity to
review the basis for the rates. It might be best for the City to
postpone any action on all the rates until after the wholesale rates
are finalized. If it is necessary to revise the new wholesale rates
downward, this would affect the revenue requirements from the retail
sector, probably requiring an adjustment to the rates proposed for
those customers.
Please let us know how we may be of further assistance on this
matter.
Sincerel ,
Terrance G
Director c
7
1—Pint
I Utility Services
35
Boor. 90 Fact 704
OCT m 5 ml BOOK 90 FACE 7057
Assistant Utilities Director Harry Asher reported that last
night Vero Beach lowered the proposed electric rate increase and
will be considering the water and sewer rate increase at tonight's
City Council meeting.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized Chairman Bird to write a letter to the
City of Vero Beach asking them to forward to us the
additional information that has been reauested and
to hold off making an increase in wholesale sewer
rates until after the County has reviewed the basis
for the rates.
DISCUSSION OF ELMS GROWTH MANAGEMENT PLAN ADVISORY COMMITTEE
The Board reviewed the following letter dated 9/23/93:
zxe
LAWPON CHILES
GOVERNOR
Dear Friends:
STATE OF FLORIDA
Offire of t4E Gemenwr
THE CAPITOL
TALLAHASSEE, FLORIDA 32..399-0001
September 23, 1993
.F'ubSfc wcr�....._..r._.�.a_
CcMmurliiy DIr4.
Ut lltles
iriy'laFil;e
Rfsk dig;.
Other
The 1993 Legislature, through its adoption of Chapter 93-206, Laws of Florida, amended
many of Florida's growth management laws and programs. The Legislature's action was in
response to the findings and recommendations of the Environmental Land Management Study
Committee (ELMS), set forth in the Committee's Final Report entitled Building Successful
Communities, published in December 1992.
The Legislature directed the Executive Office of the Governor to develop the Growth
Management Portion of the State Comprehensive Plan in coordination with the Legislature,
appropriate state agencies, regional entities, local governments, and citizens. In response to this
directive, Governor Chiles created by Executive Order, the Growth Management Plan Advisory
Committee. The purpose of the Advisory Committee is to advise and assist the Governor's Office
in the development of the proposed plan.
The purpose of the Growth Management Portion of the State Comprehensive Plan is to
establish clear, concise and direct goals, objectives and policies related to land development, water
resources, transportation and other related topics. The plan is intended to provide strategic
guidance for state, regional and local actions necessary to implement the goals and policies of the
State Comprehensive Plan. Over the past few months, the Advisory Committee has considered
the legislative mandates associated with this plan and has developed a preliminary draft.
Before the Committee proceeds with its work, it is important to hear from the public
regarding the Growth Management Portion of the State Comprehensive Plan. Governor Chiles
and Lieutenant Governor MacKay strongly believe that solutions to Florida's growth management
problems lie beyond Tallahassee. Your involvement and participation in developing this plan is
essential.
W
Enclosed is the Committee's public hearing schedule. During the week of October 4, 1993,
we will be in your area of the state. We encourage you to attend the hearing and share with us
your concerns and expectations. You may request a copy of our preliminary findings and
rccom: andations in advance of the hearing, or copies 'aiR be made awi lable at t .e hear+nas. To
receive an advance copy, please call the Governor's Growth Management Policy Unit at (904)488-
7793.
If you will be unable to attend the public hearing, the Committee welcomes your written
comments. Written comments should be submitted to the Governor's Growth Management Policy
Unit, The Capitol, Room 2105, Tallahassee, Florida 32399-0001.
I look forward to seeing you at the hearing.
Sincerely,
fv
y Chino Chair
ernor's Growth Management Plan
Advisory Committee
Commissioner Eggert pointed out that this does offer an
opportunity to convey our comments to the Governor's Growth
Management Policy Unit.
Commissioner Adams felt we could take issue to about 90% of
what is in the packet. She suggested that we remind them of the
cost to the taxpayer and emphasize to them that they need to be
user friendly.
Chairman Bird suggested sending someone to the Ft. Lauderdale
meeting to represent us, but Commissioner Adams didn't feel that
was necessary.
Commissioner Tippin suggested that rather than sending a
letter, we just stay on top of what is evolving with respect to
developing our Comp Plan's growth management plan. He suggested
that we present our concerns to the Legislative Delegation about
the Treasure Coast Regional Planning Council having the authority
to settle disputes.
Community Development Director Robert Keating advised that he
would be attending the October 15th meeting.
DISCUSSION ON GETTING WATER SERVICE TO NEW AAL -MART STORE IN
SEBASTIAN
Assistant Utilities Director Harry Asher distributed copies to
the Board of the following letter written to Richard Votapka of the
City of Sebastian.
WA
LoCT -51993
BOOK 90 r -E 06
rOCT -5 1993
la(uphuau (4+1/1567 WlJU
BOOK 90 rnr70
BOARD OF COUNTY COMMISSIONERS
1840 XSrh S'trre-c Vero Bi•eurh. Floritlu 32960
:;�l)Lewber 13, 1993
r g1VF'k
Z.
COPY
r
HL. Richard S. Votapka
City of Sebastian
P.O. Box 780127
Sc:ba6t ian, F1. 32978
SUBJECT; WATER SUPPLY REQUEST FOR THE PROPOSED WAL-MART HETAll.
STORE - NORTH US 1, SEBASTIAN, FLORIDA
1,..:,, r 14t . Votapka :
Thio !utter is to respond to your let -Let of September 7-j- 199j,
c'U114:u1wing the above request.
As w4: have previously discussed, the City of Sebastian (City)
: tat ed that they did not want to be included in the Indiari Rivui
Cotil(ty (County) water system for the t1orth County Region. Thu
t::tiirr,Ly, at its own expense, was required to revise its eaisLitiq
1.1a:;t ui Elan to remove the City capacity from the MasteL Plan
capacit.y requirements for the North County Region.
A:; tie hreviotrsly advised you and City Manager Robb MCClary cIL t hu
UwuLir►g in our office on May 25, 1993, concerning your request
LUL County water service on Roseland Road, in order to
accundnudate capacity it would be necessary foL the City to
dt.-:;ic3rtate specifically the service areas it would wish Lhe Cumit y
to serviCe. The City would be required to pay for the MasLuL
111arr review by the'County's Master Plan'Cons►rltant. It was uuj
tu►doL':;t auding from that meeting that you intended• to perforu( a
Lt;:viuw of your requirements and advise if you were going to
w uceud in this manner.
thiti1 you provide the above information and authorization toL thu
review of the area to be served by the County's Master Plan
Ci. -PI ;U l L arlt , t he ' County cannot proceed. The County will proceed
irj .,art expeditious manner upon receiving the required intorr►wLiurr
and authorization.
l•luasu advise if we can be ut turLhei' a:;sisLance.
11a L l y Asher
Lj:.;is rlt" pireeLor of Utility Services
38
Commissioner Adams wanted a little direction from the Board to
urge the Utilities Department to work towards providing water
service to Wal-Mart. She understood that the City of Sebastian
will be meeting tomorrow to instruct Mr. Votapka to move post haste
with the County to come up with some figures on the cost to supply
Wal-Mart with water.
Commissioner Eggert asked if we would be supplying water to
Wal-Mart or to the City of Sebastian to supply to Wal-Mart, and
Mr. Asher explained that the City needs to define the areas they
want served. After that is determined, we can give the needed
capacity figures to our consultants on the Master Plan to find out
exactly what we need to do.
Administrator Chandler reported that a meeting was scheduled
with Richard Votapka to discuss Wal-Mart and others, but it was
postponed due to their meeting that same day with General
Development Utilities to discuss the acquisition of the Sebastian
Highlands plant.
Chairman Bird understood then that the ball is in the City's
court, and Mr. Asher emphasized that if the City wants to buy water
from the County and resell it, we need to established a wholesale
bulk rate.
Commissioner Macht asked if this would be a permanent
situation or just something temporary to get the City going until
they can serve Wal-Mart, and Mr. Asher explained that we don't
really know at this point. Basically, we will do whatever the City
requests us to do, but we cannot tell the City what to do. We have
no rights to serve that area, and we don't have any plans right now
to serve any of the City.
Commissioner Macht asked if he could presume that this would
be temporary since capacity is limited, and Mr. Asher stated that
it would be unless the City designated a specific area for
permanent service.
Chairman Bird understood that if the City ever changed their
minds and didn't want to be in the utilities business, we would
reconsider servicing the area within the City limits, and Mr. Asher
nodded his head and smiled.
The consensus was to encourage staff to work toward getting
water to Wal-Mart.
NACO's OPPOSITION TO UNFUNDED FEDERAL MANDATES AND OTHER BUDGETARY
MATTERS
The Board reviewed the following memo dated 10/4/93 and NACo
letter of October 27, 1993:
39
OCT - 5 199
BOOK 9 708
r BOOK 90 FAH 709
OCT ® 5 1,993
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32
0.�VEQ
13-E
Telephone: (407) 567-8000
October 4, 1993
TO: BOARD OF COUNTY COMMISSION
FROM: Kenneth R. Macht, County Commissioner /M
RE: Addition to Agenda, Discussion regarding Federal
Mandates and Other Bugetary Matters
I am sorry for the necessity to ask your indulgence in adding
this item outside of the normal process. I had planned on its
inclusion in early November after completing one additional study
on the effect of mandates and other legislative requirements.
The attached will inform you that this plan has been overtaken by
events.
The campaign mounted by NACo to oppose federal unfunded mandates
is scheduled for a culmination on October 27th. The packet we
have received suggests a number of actions that we might take. I
suggest that formulation of a resolution to our delegation be
drafted and sent as a beginning. The sample in the backup seems
adequate.
There is much drivel in the press about "re -inventing
government". Federal government was empowered to maintain
national defense, regulate interstate commerce and count heads
every ten years. There is no language in the Constitution
that authorizes social and the myriad other wasteful programs.
Ending unfunded mandates is a vital element in returning
reality to. the legislative process. The ability of one level
of government to impose fiscal requirements on another without
their consent is very akin to "Taxation Without Representation",
and should be ended!
The citizens of Indian River County have had little opportunity
to be aware of or understand the effect of unfunded mandates,
unfunded or partially funded social programs, unnecessary
mandatory monitoring and testing in our utility systems and etc.
We have not been as forthcoming on information about the longterm
financial requirements of major capital projects as the library,
courthouse and environmental land purchases.
We have the opportunity to correct this deficiency by holding
quarterly budget/management workshops to fully assess the
progress and to fully inform county citizens. The best way to
gain the widest possible dissemination is via television
transmission through the cable systems. The capability to do
this exists by several means. There is no excuse for not
doing so.
There are many opportunities for cost savings through cooperation
with municipal governments, the board of Education and
constitutional offices. It is in the best interest of county
citizens that we explore these opportunities through increased
communication. There are at least four governmental vehicle
repair facilities for example. `It seems likely that some degree
of consolidation would be possible. It is our responsibility to
see that the opportunities are evaluated.
40
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0 First Street, N.W. • Washington, D.C. 20001 _ ---"
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Stopf%is .:.
Sto Unfunded Federal Mandat;W--"------
October 27,1993
Dear Fellow County Official,
Enough is enough. We, at the local level, can no longer bear the
burden of the federal government's costly programs. October 27 -- National
Unfunded Mandates Day -- is the first day of a long-term campaign to stop
unfunded federal mandates.
We will accomplish this by raising public awareness and under-
standing of Washington's practice of imposing, but not funding, a program or
requirement that local governments are directed to carry out. We all agree
that clean air, safe drinking water, fair wages, assisting the disabled and
protecting endangered species are commendable national priorities that
should be carried out. However, we believe that the federal government
must be willing to pay to support these programs.
National Unfunded Mandates Day (NUMDay) is a joint effort by local
government officials and is being sponsored by the National Association of
Counties (NACo), the U.S. Conference of Mayors (USCM), the National
League of Cities and the International City/County Management Association.
At a news conference in Washington, D.C., around NUMDay, NACo will
release a national survey of 400 counties that details the impact of mandates
on counties. USCM will also release a similar survey of cities on that day.
I hope you will join us in this fight. We need all county officials to
become actively involved. Here is what we want you to do:
• Hold local activities to inform the public about the impact of
mandates. Coordinate these activities with city, school board and other
local goven went officials. You may also want to coordinate activities
with your governor and other state officials.
• Work to get media coverage of this issue; and
• Contact members of Congress who represent you, send them your
resolutions opposing unfunded mandates and urge them to co-sponsor
legislation that stops unfunded mandates.
41
BOOK 90
L_OCT -51993
OCT -.5 ui
Stop unfunded mandates
page 2
BOOK 90 FAGF_ 711
An information packet on mandates is enclosed. It offers suggestions
on activities to hold, how to work with the media, backgroundand
information on unfunded mandates, and a response card to let us know your
planned activities for National Unfunded Mandates Day.
I urge you to begin planning your activities today. This is a crucial
issue for counties. President Clinton has vowed to stop unfunded mandates.
Members of Congress have said they are opposed to them as well. We need to
turn this rhetoric into reality.
Sincerely,
&"&4k,o,tc�4
Barbara Todd
NACo President
Commissioner Macht felt that we could do some very simple
things to support this movement, one of which would be to pass a
resolution in support of NACo's opposition to the unfunded federal
mandates. Another might be to have Commissioner Eggert meet with
business leaders in the community. He offered to convey a report
to the Council of 100 on the effect of these mandates on our
budget, stressing that it is estimated that 30% of our budget goes
to funding federal and state mandates. Commissioner Macht noted
that he planned on presenting the cost impact analysis at a later
time, but the NACo alert prompted him to place the matter on
today's agenda.
OMB Director Joe Baird emphasized the high costs of the recent
murder trials that were moved out of the county with respect to the
transfer of witnesses, prisoners, etc., and discussion ensued
regarding projected costs in complying with unfunded mandates and
the best way to explain these costs to the public.
Commissioner Eggert noted that it is very difficult to explain
to a public who isn't interested, but Commissioner Macht pointed
out that a great number of concerned taxpayers attended the two
budget hearings in September.
Chairman Bird was willing to go along with the workshops and
explaining the impact of the mandates to people who feel we need to
freeze government at its present level.
Commissioner Tippin didn't feel we could get too much
information out to the taxpayers. He appreciated the efforts that
Commissioner Macht has gone to in putting all this information on
his computer, and he would like to see workshops well in advance of
the budget workshops where he could ask more questions.
42
Commissioner Macht advised that the only thing he is asking
the Board to do now is adopt a resolution supporting NACo's
opposition to unfunded federal mandates.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-174, urging Congress and the Federal
Administration to enact legislation that would
relieve counties and cities of all obligations to
carry out any new mandate arising from federal law,
regulation or policy unless federal funds are
provided.
Chairman Bird asked Commissioner Macht to let the Commission
know when he has the information ready for presentation so that a
workshop can be scheduled.
RESOLUTION NO. 93-174
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, URGING CONGRESS AND, THE
FEDERAL ADMINISTRATION TO ENACT
LEGISLATION THAT WOULD RELIEVE
COUNTIES AND CITIES OF ALL OBLIGATIONS
TO CARRY OUT ANY NEW MANDATE ARISING
FROM FEDERAL LAW, REGULATION OR POLICY
UNLESS FEDERAL FUNDS ARE PROVIDED.
WHEREAS, the number of unfunded federal mandates on counties
and cities have significantly increased during the last decade,
while -many federal programs, which were made available to local
governments to ease the burden of carrying out federal mandates,
have been terminated or drastically reduced; and
WHEREAS, ' such mandates stem from federal laws and
regulations that require counties and cities to provide services
and programs, and perform certain responsibilities without
providing federal funding for such services; and
WHEREAS,.by shifting costs to counties and cities, unfunded
federal mandates breach the underlying principles of federalism
which assumes a working partnership and shared responsibilities
between the federal, state and local governments; and
WHEREAS, American citizens are unaware of the impact of
unfunded mandates on local services and their own local taxes;
and
WHEREAS,•risk assessment is an essential component to any
cost benefit -analysis of mandates and should be included in all
bills that impose mandates on counties and cities:
43
'% ,., 0 CT 5 1993 Boa�,�2
f
BOOK 9 r,n-E 7.13 -7
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Congress and
the Administration is urged to enact legislation that would
relieve counties and cities of all obligations to carry out any
new mandate arising from federal law, regulation or policy unless
federal funds are provided; and
BE IT FURTHER RESOLVED that Cohgress and the Administration
are urged to enact legislation to reimburse local governments for
the costs of complying with existing federal mhndates; and
BE IT FURTHER RESOLVED that Congress and the Administration
are urged to include in any future mandate, a provision that
requires federal departments and agencies to provide
scientifically sound assessments of purported health, safety or
environmental risk prior to the imposition of any new mandate on
local governments; and
BE IT FURTHER RESOLVED that Indian River County supports a
"National Unfunded Mandates Day" to be held October 27, 1993,
during which county officials in all counties will be urged to
hold press conferences in coordination with local and state
officials to draw public attention to the problems imposed on
counties by unfunded federal mandates.
The resolution was moved for adoption by Commissioner Adams,
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 B. Macht Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 5 day of October, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird, Chairman
EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Emergency Services District. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:25 o'clock a.m.
ATTEST:
J. K. Barton, Clerk
44
Richard N. Bird, Chairman