HomeMy WebLinkAbout11/16/1993� MINUTES ATTACHED�
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, NOVEMBER 16, 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 - Pastor Joe Brooks
20th Ave. Church of God
3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Delete Item 8, Consideration of Police Hiring supplement Grant
S. PROCLAMATION AND PRESENTATIONS
Proclamation by the Governor to be read Designating
Nov. 21, 1993 as Retired Teachers Day
6. APPROVAL OF MINUTES
Regular Meeting of October 19, 1993
7. CONSENT AGENDA
A. County Tax Deed Applications
( memorandum dated November 9, 1993 )
B. Release of Utility Liens
( memorandum dated November 9, 1993 )
C. Economic Development Council - Approval of
Appointments
( memorandum dated November 5, 1993 )
D. Final Plat Approval for Beachside S/D
( memorandum dated November 5, 1993 )
E. Award Bid #4020 / Sludge Removal
(memorandum dated November 5, 1993)
F. Miscellaneous Budget Amendment 005
( memorandum dated November 9, 1993 )
NOV 161993, noK 91 F -v- 0t
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r NOV 16 1993
BOOK. "'�r 02 .
7. .CONSENT AGENDA (cont'd.) :
G. Occupational License Taxes - Month of October
(memorandum dated November 10, 1993 )
H. Transfer of Chapter 24 Utilities (Old Code)
to Chapter 201 ( New Code)
( memorandum dated November 3, 1993 )
1. Appointments to Agriculture Advisory Comm.
( memorandum dated November 10, 1993 )
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Sheriff Gary Wheeler - Consideration of the Police
Hiring Supplement Grant
(re -scheduled from meeting of November 2, 1993)
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
A. Proposed Committee
( memorandum dated November 8, 1993 )
B. New Horizons' Request for Funds
( memorandum dated November 9, 1993 )
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
County Owned Property - 810 27th Ave.
( memorandum dated November 5, 1993 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
11. f _DEPARTMENTAL MATTERS (cont'd. ):
G. PUBLIC WORKS
As -Built Resolutions 6 Assessment Rolls for
Paving 6 Drainage Improvements to:
1) SeaGrape Dr. between CR510 6 Magnolia Lane
2) 3rd Place between 35th Ave. S 32nd Ave.
( memorandum dated October 26, 1993 )
H. UTILITIES
1. Shady Oaks Water .Distribution System
Change Orders 1 thru 4 & Final Pay Request
( memorandum dated November 4, 1993)
2. Flora Lane Water Main Extension
Final Pay Request
(memorandum dated November 3, 1993)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
Request Use of County Trucks & Drivers to Haul
Fill For Water Control District Roads
( memorandum dated November 10, 1993 )
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
NOV 161993 BOOK 91 PAVE 03
� NOV 161993
eooK. 91 F'r10E 04 -7
14. „SPECIAL DISTRICTS
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 10/12/93
2. Approval of Minutes - Meeting of 10/19/93
3. Blohazardous Waste Collection Service
(memorandu
m dated November 1, 1993 )
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS. IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, November 16, 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, November 16,
1993, at 9:00 a.m. Present were Richard N. Bird, Chairman; John W.
Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
The Chairman called the meeting to order.
Pastor Joe Brooks, 20th Avenue Church of God, gave the
invocation, and Commissioner Fran B. Adams led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
County Administrator Jim Chandler requested the deletion of
Item 8, Consideration of Police Hiring Supplement Grant.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously deleted
Item 8 from the Agenda.
PROCLAMATIONS AND PRESENTATIONS
Chairman Bird read aloud the following Proclamation,
which was accepted by Coyla Boob:
NOV 161993 BOOK 91 PAGE 05
F' NOV 161993
lirarlamation
State of Florida
Executive Department
Tallahassee
BOOK 91, PAGE 06
WHEREAS, the educational system within our state is a vital part of our society,
providing education for young and old alike; and
WHEREAS, from this system comes many of our professional people, including
lawyers, doctors, business administrators and others; and
WHEREAS, a very Important part of the educational system is the teacher who
spends much time conveying his or her knowledge to the students; and
WHEREAS, In Florida, we have many retired teachers who have spe t most of
their lives giving of themselves to this system and its students; and
WHEREAS, the Retired Teachers of Florida plan to celebrate a State Retired
4 Teachers Day on November 21 in honor of those years of service;
NOW, THEREFORE, I, Lawton Chiles, by virtue of the authority vested in me
as Governor of the State of Florida, do hereby proclaim November 21, 1993, as
RETIRED TEACHERS DAY
In Florida and urge all residents to join with me in saluting these retired teachers for their
valuable contributions to our educational system.
AT'T'EST:
a
IN WITNESS WHEREOF, I
have hereunto set my hand and
caused the Great Seal of the
State of Florida to be afiized
at Tallahassee, the Capital, this
12th day of October In the year
of our Lord hundred
and ninety -
M M M
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of October 19, 1993.
Commissioner Macht commented that figures were quoted in
Resolution 93-181 relating to dolphin mortality, and those figures
are disputed by some marine biologists. He felt that we should be
careful about accepting facts and figures without verification,
particularly in a document which is being sent to Washington, D.C. ,
to be read, perhaps, by Senators.
The other Board members agreed.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board approved the Minutes
of the Regular Meeting of October 19, 1993, as
written.
CONSENT AGENDA
Commissioner Macht requested the removal of Item F. from the
Consent Agenda for discussion.
A. County Tax Deed Applications
The Board reviewed memo from County Attorney Charles Vitunac
dated November 9, 1993:
TO: Board of County Commissioners
dam- )2. y
FROM: Lea R. Keller, CLA, County Attorney's Office
I
TBRU: Charles P. Vitunac, County Attorney
DATE: November 9, 1993
RE: COUNTY TAX DEED APPLICATIONS
The Board of County Commissioners at its meeting August 3, 1993, approved
and authorized the County to file several tax deed applications with the Tax
Collector on properties with outstanding tax certificates. As part of the
process of transferring title to the County, the Clerk's Office has notified
us that the sum of $2,053.33 is now due.
REQUESTED ACTION: staff recommends that the Board authorize the
payment of the above funds to the Clerk of the Circuit Court.
3
NOV x.61993 BOOK 91 FACE 07
r -NOV 161993 BOOK 91 PAGE 08 -1
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized payment of $2,053.33 to the Clerk of the
Circuit Court for filing fees, as recommended by
staff.
B. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated
November 9, 1993:
TOs BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: November 9, 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:
AVRIL BENNETT
JONES MANN
MELITI
2. State Road 60 Sewer Project:
Map #40 - Heron Cay - 112 Bimini Cay Circle
3. Phase.I Water Project:
CHAVES DELAUNEY
UPTON WELTON
4. Phase II Water Project:
SCHUPP
S. Phase III Water Projects
FOBLUGER PIERCE/PERSKY
ROE SUTTON
6. Rousseau River Shores Sewer Project:
CLEVELAND
7. Summerplace Water Project:
BANFIELD
8. 12th Street Water Project:
COLKITT/BROOKS GAY
4
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously released
liens as listed in staff's memorandum.
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
C. Economic Development Council - Approval of Appointments
The Board reviewed memo from County Commissioner Carolyn K.
Eggert dated November 5, 1993:
MEMORANDUM
To: Board of County Commissioners
From: Carolyn K. Eggert e-ke
County Commissioner
Date: November 5, 1993
Re: Economic Development Council
Please approve Bayard Stevens to fill the Civic
Organization position as well as Victor Hart to fill the
position from the Gifford Community on the Economic
Development Council.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
appointment of Bayard Stevens and Victor Hart to
fill positions on the Economic Development Council
as set out in the above memorandum.
D. Final Plat Approval for Beachside Subdivision
The Board reviewed memo from Current Development Senior
Planner John W. McCoy dated November 5, 1993:
5
NOV 16 1993 BOOK 91 FACE 09
r NOV 161993
TO: James E. Chandler
County Administrator
D,PqSION HEAD CONCURRENCE.:
�J
Robert M. Keating, AIC,P-J
Community Devel pment irector
THROUGH: Stan Boling;'AICP
Planning Director
FROM: John W. McCoy, AICP 5okm
Senior Planner, Current Development
BOOK 91 PAGE 10
DATE: November 5, 1993
SUBJECT: Final Plat Approval for Beachside Subdivision
SD -92-12-007/92090027-002
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 16, 1993.
DESCRIPTION AND CONDITIONS:
Beachside Subdivision is a proposed 20 lot subdivision of a 15.16
acre parcel of land located just south of Ocean Oaks Subdivision at
1810 South S.R. A -1-A. The subject property runs from the ocean to
a wetland area west of S.R. A -1-A, is zoned RS -3, Residential
Single Family (up to 3 units per acre), and has an L-1, Low Density
1 (up to 3 units per acre) land use designation.
On October 22, 1992, the Planning and Zoning Commission granted
preliminary plat approval for Beachside Subdivision. Subsequently,
a land development permit was issued and the project was
constructed with all required subdivision improvements, except for
streetlights and a portion of a dune walkover structure. The
developer, 1810 Development_ Corp., through its agent Knight,
McGuire, and Associates, Inc., is requesting final plat approval
and has submitted the following:
1. A plat in conformance with the originally approved preliminary
plat;
2. A certificate of completion for all required subdivision
improvements, with two minor required improvements remaining
to be constructed: streetlights and a portion of a dune
walkover structure.
3. A contract for required improvements and cash escrow
agreement, to guarantee completion of the remaining
improvements.
ANALYSIS:
A certificate of completion has been issued by the Public Works
Department certifying that all improvements, except streetlights
and some work on a dune walkover structure, have been completed and
6
are acceptable. The developer has executed a contract for
construction of the remaining required improvements and has
submitted a cash escrow agreement to guarantee construction of the
remaining required improvements. The contract and escrow agreement
have been approved by the Attorney's Office and the engineer's cost
estimate for the remaining improvements was approved by the
Engineering Division. The developer has opted to pay the county
funds in order to transfer the project's bike path and sidewalk
construction responsibilities to. -the county, as allowed by LDR
section 913.09(5)(b)l.b.ii. The project water and wastewater
utilities have been inspected and approved by the City of Vero
Beach. All reviewing county departments have "signed -off" on the
final plat submittal. Thus, the developer has complied with all
appropriate requirements to obtain final plat approval.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval for Beachside Subdivision, and authorize the Chairman
to sign the contract for construction of the remaining required
streetlight and dune walkover improvements.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously granted
final plat approval for Beachside Subdivision and
authorized the Chairman to execute the contract for
construction of the remaining required streetlight
and dune walkover improvements, as recommended by
staf f .
SAID CONTRACT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
E. Award Bid #4020 - Sludge Removal
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated November 5, 1993:
7
BOOK PAGE
� OV 161993
NOV 161993
DATE: November 5, 1993
TO: BOARD OF COUNTY COMMISSIONERS
q ,nr
BOOK 91 Fk IGE
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Se
'J
to
Fran Boynton Powell, Purchasing Manageryl
SUBJ: Award Bid #4020/Sludge Removal
County Wide Annual Contracts
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
VENDOR
Frenz Enterprises
Sanford, FL
Florida Sludge
Vero Beach, FL
Bio Gro Systems, Inc
Annapolis, MD
October 6, 1993
September 17, 24, 1993
Thirteen (13)
Three (3)
SEE ATTACHED TAB
SHEET
SOURCE OF FUNDS: Sewer Sludge Removal
BUDGETED FUNDS: $55,400.00
RECOMMENDATION
Staff recommends the following:
1. Award the bid to Frenz Enterprises as the low bid for
Sludge Removal and establish an open end contract for
the current fiscal year .
2. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #4020 to Frenz Enterprises for Sludge Removal as
set out in staff's memorandum.
8
F. Miscellaneous Budget Amendment 005
The Board reviewed memo from OMB Director Joe Baird dated
November 9, 1993:
TO: Members of the Board
of County Commissioners
DATE. November 9, 1993
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 805
CONSENT AGENDA - -
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. The State of Florida, Department of Labor, has charged Indian
River County for Unemployment Compensation payments to
former employees. A budget amendment is required to reflect
these payments.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment 005.
Commissioner Macht led discussion regarding the unemployment
compensation payments on the Budget Amendment. He thought we
should challenge these payments. He would like to see a case by
case history of each employee's claim, including the reason for
leaving and why we are paying the claim.
OMB Director Joe Baird assured the Board that the claims are
challenged by Personnel Director Jack Price and we win a
significant number of these cases. However, we challenge only the
claims involving employees under the jurisdiction of the Board and
not claims involving employees of the constitutional officers. He
further explained that when a claim is filed we must pay even when
we challenge it, and when we win the appeal, the state issues a
credit to us for that claim. These claims must be paid fairly
quickly or we are penalized.
Personnel Director Jack Price explained that if an employee
voluntarily separates from the County, obtains other employment,
0
NOV 161993 BOOK 91 FACE 13
r Nov 161993
BOOK 91
FADE 14
and loses that job before earning 17 times their weekly benefit
amount, their unemployment claim reverts to us as the base
employer. Director Price assured the Board that each claim is
challenged, unless it is a layoff. He further explained that the
County is fortunate because as a government entity we pay the
actual amount that the ex -employee collects rather than paying a
percentage of our payroll.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
Miscellaneous Budget Amendment 1005, and directed
the Personnel Director to submit a case history on
the unemployment claims which are included in the
budget amendment.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
..:e•
BUDGET AMENDMENT: 005
DATE: November 9. 1993
Entry
. .
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.-
EXPENSE
GENERAL FUND/Clerk of Court
Unemployment Compensation
001-309-513-012.15
$2055
$0
GENERAL FUND/Property Appraiser
Unemployment Compensation -
001-500-513-012.15
$247
$0
GENERAL FUND/Supervisor of Elections -
Unemployment Compensation
001-700-519-012.15
$68
$0
EXPENSE
GENERAL FUND/
Reserve for Contingency
001-199-581-099.91
$0
$2,370
EXPENSE
S.W.D.D./Recycling
Unemployment Compensation
411-255-534012.15
_ $592
$0
S.W.D.D./Landfill
Cash Forward - September 30
411-217-534-099.92
$0
$592
EXPENSE
GOLF COURSE/Clubhouse
Unemployment Compensation
418-236-572-012.15
$1,313
$0
GOLF COURSE/
Cash Forward
418-236-572-099.92
$0
$1,312
10
G. Occupational License Taxes - Month of October
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously accepted
the following report from Tax Collector Karl
Zimmermann summarizing Occupational License Taxes
collected during the month of October 1993.
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: November 10, 1993
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $22,776.68 was collected in occupational
license taxes during the month of October, representing the
issuance of 921 licenses.
The annual renewal period for occupational licenses was August
1 through September 30. To date 6,486 licenses have been
renewed and 1,311 have not yet responded for the 93-94 fiscal
year..
H. Transfer of Chapter 24 Utilities (Old Code) to Chapter 201 (New
Code
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated November 3, 1993:
TO: Board of County Commissioners ~
FROM: Terrence P. O'Brien - Assistant County AttorneyC�
DATE: November 3, 1993
RE: TRANSFER OF CHAPTER 24 UTILITIES (OLD CODE) TO
CHAPTER 201 (NEW CODE)
This is the next to last chapter remaining in the 1974 edition. The
attached ordinance transfers the remaining sections in Chapter 24 to
Chapter 201. There are no substantive changes except with respect to
the definition of utility.
A public hearing date of December 14, 1993 is recommended.
11
L_NDV 161993
600K * 91PAIGE'15
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NOV 16 1993
�ooK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously scheduled
a public hearing on December 14, 1993, to consider
an ordinance amending Chapter 201 of the Code by the
transfer of the remainder of Chapter 24, Utilities,
(1974 Edition) to Chapter 201 (1990 Edition) as
recommended by staff.
91 FnF 16 -1
I. Appointments to Agriculture Advisory Committee
The Board reviewed memo from Commissioner Fran B. Adams dated
November 10, 1993:
TO: BOARD OF COUNTY COMMISSION
FROM: Commissioner Fran B. Adams
RE: Appointments to Agriculture Advisory Committee
I respectfully request approval of the following appointments to
the Agriculture Advisory Committee:
Ralph Sexton
Ken Kennedy
Patrick Leary
Glenn Legwen
Ralph Lindsay
Dave Berggren
Vacancy
Cattle
Citrus
Vegetable
Horticulture
Irrigation
Associated Industry
Associated Industry
Attached are resumes from the prospective appointees.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the appointments to the Agriculture Advisory
Committee as listed in the memorandum.
CONSIDERATION OF POLICE HIRING SUPPLEMENT GRANT
Deleted.
PROPOSED COMMITTEE
The Board reviewed memo from County Administrator Jim Chandler
dated November 8, 1993:
12
- M
TO: Board of County Commissioners DATE: November 8, 1993 FILE:
SUBJECT: proposed Committee
FRO .James E. Chandler REFERENCES:
County Administrator
In accordance with the direction at the November 2, 1993 Board meeting, staff
met with Steve Hall of ' The Associated General Contractors of America, Inc.
(ACC).
As a result, it is proposed that the committee function in a manner similar to the
building contractor/ staff committee meetings this past year. Although not
limited, the primary focus would be the petition paving program.
Attached is a list of proposed AGC committee members. County staff
recommended are Joe Baird, Jim Davis, Terry Cook, and myself.
If the Board concurs, we will proceed with implementation.
Florida East Coast Chapter
The Associated General Contractors of America, Inc
WoOND COXMMM XMMEM
Private Business County staff/Commissioner
Mr. Steve Hall
Associated General Contractors
of America, Inc.
Mr. Randy Mosby
Mosby and Associates, Inc.
Mr. Ron Ewing
Vista Properties -of Vero Beach, Inc.
Mr. Kelly Crick
Ranger Construction Industries, Inc.
Mr. John Brenner
Architects Schlitt and Brenner, P.A.
Mr. Ross Cotherman
Berger•Harris•Toombs•Elam•McAlpin & Co.
Mr. Ken Daige
13
Mr. Joe Baird
Department Head
Commissioner
MV 16 1993 Boa. 91 Fac- 17.
� NOV 16 1993
o BOOK 91 PAGE 18 -7
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
implementation of the Associated General Contractors
Committee and appointed members as listed in staff's
memorandum and attachment.
NEW HORIZONS - REQUEST FOR FUNDS
The Board reviewed memo from Randy Dowling, assistant to the
County Administrator, dated November 9, 1993:
TO: Board of County Commissioners DATE: November 9, 1993 FILE:
Thru: James E. Chandler 'Ire -
County Administrator
SUBJECT: New Horizons' Request
for Funds
Budget Amendment #7
ll�
FROM: Randy Dowling REFERENCES:
Ass t. to the Co. Admin.
New Horizons of the Treasure Coast, Inc. is requesting $28,000 from the county
to continue its in -jail substance abuse counseling program and aftercare
program. This treatment program Is currently active and is funded by New
Horizons until December 31, 1993. New Horizons requests that the county fund
this jail treatment program from January 1, 1994 to June 30, 1994. After June
cu 30, New Horizons will continue to fund the program until September 30, 1993.
After September 30, New Horizons hopes to fund the program through grants.
This treatment program has the support of the Substance Abuse Advisory
Council and the Sheriff's office. The Substance Abuse Council will provide
administrative oversight and the county's Budget Office will provide fiscal
oversight of .the program. The requested funds would come from the Drug
Abuse Trust Fund.
Staff recommends that the Board approve this request for funds from New
Horizons to continue the in -jail drug treatment program.
Commissioner Adams asked why funds were not requested at
budget time.
Cheryl Burke, executive director of the Substance Abuse
Council of Indian River County, explained that when the County was
accepting requests for funds, the Council did not realize that this
need would arise. In the past, grants came through New Horizons,
but this past year there were financial reporting problems
involving the Department of Community Affairs, and these problems
14
occurred during the time the County was planning the budget. After
New Horizons solved the problem, they approached the Council asking
for help to continue the in -jail substance abuse program.
Commissioner Adams asked whether the in -jail substance abuse
program is successful.
Cheryl Burke explained that it is a ten -week program. The
participants are males with substance abuse problems who have been
incarcerated repeatedly on charges related to illegal drugs. The
program is an intense treatment/rehabilitation program and the
family also gets involved. The cost of this program is less than
the financial burden on the County if these men were still on the
streets robbing and doing drugs.
Commissioner Adams was not impressed with the completion rate
of participants in the program. She was concerned that in some
cases the men were released from jail before completing the
program. She commended the Council and New Horizons for their work
but was concerned because we are spending taxpayers' money on this
program.
Commissioner Macht explained that the judicial system, under
the leadership of Judge L. B. Vocelle, coordinates with the jail
and the Sheriff to keep the prisoners in the program. The Sheriff
urges continuation of this program and indicates that the program
is operating fine. Commissioner Macht felt that this program is
effective and has a better rate of completion than programs in the
general field. He reported that he personally followed the
progress of one individual who completed the program and is
employed and doing fine one year later. Commissioner Macht has
confidence in the program.
Bill Nolley, substance abuse counselor at the jail, explained
that prisoners did not complete the program for various reasons.
Some were transferred out of the program into another area, some
transferred to Alcoholics Anonymous or Narcotics Anonymous. Of the
prisoners who complete the program, one third of them recover, one
third relapse and eventually get back into treatment or recover,
and the other third die, stay in jail, or something of that nature.
He stressed that substance abuse is a deadly disease. The state
and federal governments audited our program, described it as a
model program, and refer it to other counties.
Commissioner Adams asked why the program is for males only,
and Mr. Nolley explained that there is no need for a program for
females at the present time. He assured the Board that when the
need arises, they will take care of the females, too.
Commissioner Adams asked, and OMB Director Joe Baird explained
that the revenues for the Drug Abuse Trust Fund come from fines
15
NOV 161993 BOOK 91 FACE 19
r NOV 16 1993
BOOK 91 PACE 20
paid by those convicted of drug-related charges. The individuals
who go through the program and get back on their feet repay the
funds expended to put them through the program. Since inception of
the Drug Abuse Trust Fund, we have collected $41,577.76; $17,930 of
that was collected in fiscal year 1992-93. Director Baird stated
that it is difficult to predict when funds will be received, and by
ordinance the funds can be used only for drug treatment and
education programs.
Commissioner Macht pointed out that this is a one-time
request.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Tippin, the Board unanimously approved
Budget Amendment 007:
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Bair
OMB Director �5(
BUDGET AMENDMENT': 007
DATE: November 10. 1993
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
DRUG ABUSE FUND/
Cash Forward
1214000-389-040.00
$28,000
$0
EXPENSE
DRUG ABUSE FUND/
New Horizons
121-110-562-088.70
$28,000
$0
16
COUNTY OWNED PROPERTY - 810 27TH AVENUE
The Board reviewed memo from General Services Director Sonny
Dean dated November 5, 1993:
DATE: NOVEMBER 5, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRE
DEPARTMENT OF GENERAL SERJS
SUBJECT: COUNTY OWNED PROPERTY - 810 27TH AVENUE
BACKGROUND:
In 1988, the County purchased a piece of property on the north east
corner of 8th Street and 27th Avenue to provide right-of-way for
widening that intersection. The lot had a house on it that was in
fair to good condition.
There was no immediate need for the remainder of this property after
the intersection construction was complete. Jim Davis wrote in
February, 1989 that he anticipated use of the land for additional
intersection renovation within ten to fifteen years. The Board
elected not to sell the property and approved staff's recommendation
to advertise and lease the house at $400.00 per month. This
arrangement continued until the end of August of this year, when the
tenant gave required notice and vacated the premises. Total monies
received to date is $19,800.00.
The property has been inspected by our maintenance people and
estimated repair cost to make the house suitable for leasing again is
approximately $4,300.00. Cost to demolish the house, dispose of the
debris, and general clean up of the lot is estimated to be
approximately $48000.00.
ANALYSIS:
Considering the monies already received and projecting revenue until
time of anticipated need for the property, it is estimated, we would
gross approximately $50,000.00
RECOMMENDATIONS:
Since the subject property produces a positive flow of income and
anticipated use is at least five or six years in the future, it is
staff's recommendation to renovate the structure, and continue to
lease the house at a price of $450.00 per month.
General Services Director Sonny Dean further explained that
the renovation work will be done by County personnel.
Commissioners Macht and Tippin reported that they had received
complaints about the tenants, and Director Dean stated that the
tenants are gone.
17
BOOK FAH
NOV 161993
BOOK 91 PAGE 22
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
renovation and continuation of the lease on the
house at 810 27th Avenue, as recommended by staff.
LEASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
AS -BUILT RESOLUTIONS AND ASSESSMENT ROLLS FOR PAVING AND DRAINAGE
IMPROVEMENTS TO:
1) SEAGRAPE DRIVE BETWEEN CR -510 AND MAGNOLIA LANE
2) 3RD PLACE BETWEEN _35TH AVENUE AND 32ND AVENUE
The Board reviewed memo from Civil Engineer Michelle Gentile
dated October 26, 1993:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E
County Engineer
FROM: Michelle A. Gentile, CET
Civil Engineer
80133 CTt As -Built Resolutions & Assessment Rolls for Paving and
Drainage Improvements to:
1) SeaGrape Drive between CR510 & Magnolia Lane
2) 3rd Place between 35th Avenue & 32nd Avenue
DATE: October 26, 1993
The paving of the above roads has been completed. The final
assessments are as follows:
1) SeaGrape Drive Preliminary_ Estimates Final Cost
$72,958.80 - 100% $570144.57 - 100%
$54,719.10 - 75% $438715.60 - 75$*
(3730.00 Front Footage) (3730.00 Front Footage)
$14.67/per FF $11.72/per FF
2) 3rd Place Preliminary Estimates Final Cost
$350004.91 - 100% $348318.53 - 100%
$26,253.68 - 75% $26,253.68 - 75%*
(1801.90 Front Footage) (1801.90 Front Footage)
$14.57/per FF $14.57/per FF
*This figure includes 2% Tax Collector's fee.
The final assessment rolls have been prepared and are ready to be
delivered to the Clerk to the Board. Assessments are to be paid
within 90 days or in 2 equal installments, the first to be made
twelve months from the due datte and subsequent payments to be due
yearly from the due date at an interest rate of 8% established by
the Board of County Commissioners.
18
Since the final assessment to the benefitted owners is less than,
or equal to, the preliminary
approve r i �g final assessment the only alternative
presented is to
It is recommended that the final assessment roll and the "As -Built
Resolutions" for the paving of the above mentioned roads be
approved by the Board of County Commissioners and that they be
transferred to the Tax Collector for recording in the "Assessment
Lien Book" and for collection.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-199 certifying "as -built" costs for
certain paving and drainage improvements to Seagrape
Drive between CR -510 and Magnolia Lane, as
recommended by staff.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-200 certifying "as -built" costs for
certain paving and drainage improvements to 3rd
Place between 35th Avenue and 32nd Avenue, as
recommended by staff.
19
NOV , 3 BOOK 91.: PAGE 23.
NOV 161993
As -Built (Fourth Reso.)
BOOK 91 P 24 I
,
5/26/93(ENG)RES4.MAG\gfk
RESOLUTION NO. 93-199
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 3RD PLACE BETWEEN 35TH AVENUE &
32ND AVENUE, DESIGNATED AS PROJECT NO. 9017, AND
OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT;
PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 9017, are in
the public interest and promote the public welfare of the county;
and
WHEREAS, on July 14, 1992, the Board held a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded an opportunity to
` appear before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 92-99, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$14.57 per front foot, which is the same as $14.57 per front foot
in the confirming Resolution No. 92-99,
NqW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 92-99 is modified as follows: The
completion date for Project No. 9017 is declared to be October 6,
1993, and the last day that payment may be made avoiding interest
and penalty charges is ninety (90) days after passage of this
resolution.
2. Payments bearing interest at the rate of St per
annum may be made in two equal installments, the first to be made
twelve (12) months from the due date and the subsequent
20
No. 93- 199
payments to be due yearly from the due date. The due date is
ninety (90) days after the passage of this resolution.
3. The final assessment roll for said project listed in
Resolution No. 92-99 shall be as set forth in attached Exhibit
"A" to this resolution.
4. The assessments as shown in attached Exhibit "A" shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown in Exhibit "A", attached to
Resolution No.92-99 were recorded by the County on the public
records of Indian River County, and the lien shall constitute
prima facie evidence of its validity.
This resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by
Commissioner Macht and, upon being put
to.a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 16 day of Nnvpmhpr ,
1993.
Attest:�`'`
JEFFREY K. BARTON,
Clerk ..
ey! �a�..-mac (J !�'`4, kg �.
Attachment: Exhibit "A"
21
BOARD OF COUNTY COMMISSIONERS
OF INDIAN VER COUNTY, FLORIDA
By
RICftARD N. BIRD
NOV 161993 BOOK., 91 FACE 25
BOOK 91 PAGE 26-7
As -Built (Fourth Reso.) 5/26/93(ENG)RES4.MAG\gfk
RESOLUTION NO. 93-200
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO SEAGRAPE DRIVE BETWEEN CR510 6
MAGNOLIA LANE, DESIGNATED AS PROJECT NO. 9019, AND
OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT;
PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 9019, are in
the public interest and promote the public welfare of the county;
and
WHEREAS, on July 14, 1992, the Board held a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded an opportunity to
appear before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 92-100, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$11.72 per front foot, which is less than $14.67 per front foot
in the confirming Resolution No. 92-100,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD. OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 92-100 is modified as follows: The
completion date for Project No. 9019 is declared to be August 26,
1993, and the last day that payment may be made avoiding interest
and penalty charges is ninety (90) days after passage of this
resolution.
2. Payments bearing interest at the rate of 8% per
annum may be made in two equal installments, the first to be made
twelve (12) months from the
22
No. 93- 200
due date and the subsequent payments to be due yearly from the
due date. The due date is ninety (90) days after the passage of
this resolution.
3. The final assessment roll for said project listed in
Resolution No. 92-100 shall be as set forth in attached Exhibit
"A" to this resolution.
4. The assessments as shown in attached Exhibit "A" shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made,
until paid.
5. The assessments shown in Exhibit "A", attached to
Resolution No.92-100 were recorded by the County on the public
records of. Indian River County, and the lien shall constitute
prima facie evidence of its validity.
This resolution was moved for adoption by Commissioner
Fggprt , and the motion was seconded by
Commissioner Marht and, upon being put
to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert. Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 16 day of November ,
1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN
VE$� NTY, FLORIDA
By
RICHARD N. BIRD,
Chairman
Attest:
ifrFRft K. BARTON , ` `'"
Clark
By
Attachment: Exhibit "A"
23
NOV 161993 BooK 91 FAGS 27
NOV 16 1993 BOOK 91 FACE 28
SHADY OARS WATER DISTRIBUTION SYSTEM CHANGE ORDERS 1 THROUGH 4 AND
FINAL PAY REQUEST
The Board reviewed memo from Utility Services Director Terry
Pinto dated November 4, 1993:
DATE: NOVEMBER 4, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE PIN
DI R I VICE��
PREPARED H. ° .
AND STAFFED ENVI.ONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: SHADY OARS WATER DISTRIBUTION SYSTEM
IRC PROJECT NO. UW -92 -19 -DS
CHANGE. ORDERS 1 THROUGH 4 AND FINAL PAY REQUEST
BACKGROUND
On January 5, 1993, the Indian River County Board of County
Commissioners approved the subject project in the amount of
$111,699.92. On March 23, 1993, the contract was awarded in the amount
of $85,270.50. Construction of the subject project has been completed,
and the contractor, Timothy Rose Enterprises of Vero Beach, Florida,
has made application for final payment. Change Orders 1 through 4 are
also included (see attached).
ANALYSIS
All Indian River County requirements have been met, final certification
has been submitted to the Department of Environmental Protection, and
clearance has been received.
The original contract price was $85,270.50. The contract price,
including Change Orders 1 through 3, is $89,530.50. The contractor has
previously billed $76,743.45, leaving a balance of $12,787.05. Change
Order 4 requests time extension only, and lists the liquidated damages
to be assessed.
Change Orders 1 through 4 include requests for increased remuneration
and for extension of contract time, and are considered reasonable
and/or beyond the control of the contractor. However, the contractor
overran this extension by 18 days, and should be assessed liquidated
damages in the amount of $100.00/day, or a total of $1,800.00. This
leaves a total of $10,987.05 due as payment in full.,
RECOMMENDATION
The Department of Utility Services recommends: (1) approval of Change
Orders 1 through 4, and (2) approval of the payment request of
$10,987.05 as payment in full for services rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Change Orders 1 through 4 and the pay request in the
amount of $10,987.05 to Timothy Rose Enterprises of
Vero Beach, as recommended by staff.
CHANGE ORDERS AND PAY REQUEST
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
24
FLORA LANE WATER MAIN EXTENSION FINAL PAY REQUEST
The Board reviewed memo from Utility Services Director Terry
Pinto dated November 3, 1993:
DATE: NOVEMBER 3, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR _ �..�
FROM: TERRANCE G. PINTO PF
DIRECTOR UTILIT VICES
STAFFED AND
PREPARED BY: H. D. "D " OST , P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: FLORA LANE WATER MAIN EXTENSION
IRC PROJECT NO. UW -92 -30 -DS
FINAL PAY REQUEST
BACKGROUND:
On January 12, 1993, the Indian River County Board of County
Commissioners approved the subject project in the amount of
$44,569.89. Construction of the subject project has been completed,
and the contractor, Timothy Rose Enterprises of Vero Beach, Florida,
has made application for final payment (see attached).
ANALYSIS:
All Indian River County requirements have been met, final
certification has been submitted to the Department of Environmental
Protection, and clearance has been received.
The original contract price was $27,016.27, and the final contract
price remains unchanged. The contractor has previously billed
$24,314.65, leaving a balance of $2,701.62.
RECOMMENDATION:
The Department of Utility Services recommends approval of the
payment request of $2,701.62 as payment in full for services
rendered. -
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the final payment to Timothy Rose Enterprises of
Vero Beach in the amount of $2,701.62, as
recommended by staff.
25
NOV i 61993 BOOK 91 PAGE 29
NOV 161993
BOOK 91 PACE 30-7
REQUEST FOR USE OF COUNTY TRUCKS AND DRIVERS TO HAUL FILL FOR WATER
CONTROL DISTRICT ROADS
The Board reviewed memo from Commissioner Fran B. Adams dated
November 10, 1993, and a letter from Joel G. Summer dated October
28, 1993:
November 10, 1993
TO: BOARD OF COUNTY COMMISSION
FROM: Commissioner Fran B. Adams
RE: Request use of County trucks and drivers to haul fill
for Water Control District roads.
Attached is a letter we received from the St. Johns Water Control
District requesting assistance from the County in hauling fill
for their roads.
I would like to discuss the liability, responsibility and cost
involved in providing road maintenance to all of the water
control districts.
*+� ST. JOHNS WATER CONTROL DISTRICT ■e
County Commissioners
Indian River County
Dear Commissioners,
28 October - 1993
I represent St. Johns Water Control District located in the western part
of the county: Besides moving water our highest priority is maintaining roads
for the 25.000 acres of citrus located in the district. We have been
discussing road maintenance and how the county could assist us with county
representatives over.the last few months. The bottom line is we would like
tie county topro—tviae rucks and drflvers'ori an.annual basis to haul district
fill for our roads.
We have reached an agreement with Terry Cook and Jim Davis for the 93-94
year-concernlbg'the trucks, but in return for the use of the trucks and
drivers we must give the county an -equal amount of fill hauled. Our Board of
Supervisors have agreed with this arrangement because of the poor condition of
our roads. However, all three District Supervisors have asked me the same
question. Will we have to provide fill again next year if we wish to use the
trucks Z What happens when we run out of'fill t Why do we have to provide
anything for the use of the trucks t. We are tax payers. This district has
approximately 80 taxpaying landowners. who pay -in the area of 2.6 million
dollars a year in advalorem taxes. The only service that the county provides
us is the Ranch and Grove Division from the Sheriffs Office. and I might add
we are well pleased with their service. We would like to continue with the
fill hauling agreement with the county. However we do not have an unlimited
amount of fill to give away and feel that the tax's paid cover any expense the
county occurs. -We do understand that assisting us may bring requests from
other agencies; nevertheless I believe the county does take care of roads for
the majority of -the special districts located in the county. I would be glad
to discuss this with any of you at your convenience.
Si ere
ei...::.-'..
is ric Administrator 26
S M M
Commissioner Adams noted that we have agreements with each of
the five water control districts, some dating back to the 1940s.
Over the years some of the drainage areas have moved and in some
cases we maintain drainage areas on private property. For
example, in Fellsmere, although there is only a 3 -foot drainage
right-of-way, we grade 10 feet. In some instances we are grading
privately owned community roads which are not part of the water
control district. Commissioner Adams would like staff to analyze
our present agreements with all the water control districts to
determine our responsibilities and potential liabilities.
Commissioner Macht was troubled by the request from St. Johns
Water Control District. The request is for County trucks and
manpower to maintain privately owned grove roads, and we cannot do
that. Commissioner Macht disagreed with the comment in the letter
stating that they deserve the service because they are taxpayers.
We all are taxpayers, but an individual taxpayer cannot use a
County truck. The request is acceptable on the basis of receiving
fill in exchange for use of the trucks, but there is also wear and
tear on the trucks. If we have surplus trucks and surplus men to
do an out -of -context job, apparently we have too much staff and
equipment. St. Johns is an independent taxing district. Why are
they imposing on the County for services? Commissioner Macht saw
a lot wrong with the procedure and was glad for the discussion.
Commissioner Adams clarified that St. Johns Water Control
District is different from the St. Johns River Water Management
District.
Public Works Director Jim Davis reported that we get requests
from water control districts to perform road grading. We also get
requests from other political subdivisions, cities, and the School
Board, and it is difficult to honor them all. We do not have one
blanket agreement to cover all roads, and when a problem emerges,
we enter into an agreement for a particular road. It would take
quite a bit of research in the minutes and old records of the Board
to get all that information. Director Davis further explained that
we do not have excess equipment or drivers. We have about 8 trucks
on the road and we use those trucks on an hourly basis every single
day. The request from St. Johns Water Control District is mutually
beneficial because we receive the fill, which we would purchase
otherwise, and we would send our trucks to St. Lucie County or to
Brevard County to pick up fill, causing the same wear and tear on
the trucks.
County Administrator Jim Chandler acknowledged that staff did
not research all past history on this subject. He reported that
staff recently denied a request from St. Johns Water Control
27
NOV 1sooK 91 eac�.:3�,
6 i�93
.,-Nov 10 1993
32
n 6
BOOK 91 F'nF.
District to use County trucks for a month because we do not have
that kind of availability of trucks and manpower, and we do not
have the responsibility to maintain those roads. If a request is
for a short period of time and we receive some value in return, we
consider it.
Commissioners Adams and Macht thought it is in the best
interest of the County to set policy, define responsibility and
analyze liability.
Joel Summer, district administrator of the St. Johns Water
Control District, agreed that the districts do have their own tax
base, but they also pay taxes to the County, and the roads in that
area are not graded by the County. He further explained that the
roads mentioned in his letter are district rights-of-way or
easements; they are not on privately owned property. These roads
are used by people to go to work, not just for citrus trucks.
Commissioner Adams requested that Legal, Public Works and
Community Development Departments analyze our legal and moral
responsibility. After that we should meet with the directors of
the districts and find out what they need, and formulate an overall
plan. The details may vary from district to district.
Administrator Chandler explained that we have been faced with
many situations, and staff has used County equipment and manpower
when necessary. The criterion in each instance was that we
received value for the equipment and manpower.
Chairman Bird concluded that the consensus of the Board is for
staff to analyze the points enumerated by Commissioner Adams and
place the item on the agenda. In the meantime, staff should
continue using good judgment in responding to these requests.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:00 a.m.
ATTEST:
J. arton, Clerk
-
Richard N. Bird, Chairman
28