HomeMy WebLinkAbout12/21/1993MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
REGULAR MEETING
TUESDAY, DECEMBER 21, 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 - Rev. Pete LaBarre, Retired
3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
As Item 13-D-1, Elected Officials' Bonds
As Item 13-D-2, Request from Historical Society
5. PROCLAMATION AND PRESENTATIONS
Adoption and Presentation of Proclamation to
Retiring Employee Henk Toussaint
6. APPROVAL OF MINUTES
Regular meeting of November 23, 1993
7. CONSENT AGENDA
A.- Received & Placed on File in Office of Clerk
to the Board: Minutes of the Board of Super-
visors, Delta Farms Water Control District,
for FY ending Sept. 30, 1993; ( meetings of
Dec. 11, 1992, Feb. 2, 1993, & May 4, 1993)
B. Change in Location of Polling
Place for Pre-
cinct 16
( memorandum dated December
10,
1993 )
C. Occupational Licenses
( memorandum dated December
14,
1993 )
D. Release of Utility Liens
( memorandum dated December
10,
1993 )
E. Prompt Payment Interest Expenses
( memorandum dated December
14,
1993 )
DFC 21 Iq4�
BOOK 91 r 4,
DEC 21 199
600K
7. CONSENT AGENDA (cont'd.):
F. NACO Conference
( memorandum dated December 15, 1993 )
G. Award Bid #4046 - Cargo Van
( memorandum dated December 8, 1993 )
H. Award Bid #4035 / Automated Inspection Request
System
( memorandum dated December 14, 1993)'
I. Traffic Engineering Award Bid #4032 -
Construction Services for Installation of
Traffic Control Devices
( memorandum dated December 14, 1993 )
B. 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
None
B.
EMERGENCY SERVICES
None
C.
GENERAL SERVICES
None
D.
LEISURE SERVICES
None
E.
OFFICE OF MANAGEMENT AND BUDGET
None
F.
PERSONNEL
None
11. DEPARTMENTAL MATTERS (cont'd. ):
G. PUBLIC WORKS
1. Resolutions to Provide for the Paving and
Drainage Improvements to and set Public
Hearing Date for: 128th Crt., 236 L.F.
North of 79th Ave. (Elaine Street)
( memorandum dated December 7, 1993
2. Resolutions to Provide for the Paving and
Drainage Improvements to and set Public
Hearing Date for: 126th Street between
78th Ave. & 79th Ave. (Elaine Street)
( memorandum dated December 7, 1993 )
3. Construction of New Restroom Facilities at
Blue Cypress Lake Park
( memorandum dated December 13, 1993
-4. 26th Street R -O -W Acquisition West of
66th Ave. - Frank Bates Grove, Inc.
( memorandum dated December 14, 1993 )
5. Rockridge Street Lighting
(backup provided separately)
H. UTILITIES
1. Structural Engineering Services for St. Rd.
60 Commercial Node & Woodlawn Manor Sewer
( memorandum dated November 30, 1993 )
2. New Horizons Mobile Home Park - Change
Order No. 1
( memorandum dated November 30, 1993 )
3. Oslo Road Water Main - Change Order 1 and
Final Pay Request
( memorandum dated December 6, 1993) _
4. Utilities Services AS400 Disk Expansion
( memorandum dated December 13, 1993 )
5. Design, Construction, and Inspection of
Water/ Wastewater Systems
( memorandum dated December 9, 1993 )
6. Water Expansion Plan, Phase 2, Contract D,
Change Order #1 and Final Pay Request
(continued from meeting of 12/14/93)
12. COUNTY ATTORNEY
I.R.C. Public Safety Coordinating Council
( memorandum dated December 9, 1993 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
BOOK 91
L- DEC 21 X993 �
DEC 2 11993
BOOK
13. COMMISSIONERS ITEMS (cont'd. ):
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MRCHT
;id•
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 10/26/93
2. Approval of Minutes - Meeting of 11/2/93
3. Approval of Minutes - Meeting of 11/16/93
4. Grove Fruit Harvest
( memorandum dated December 8, 1993 )
15. ADJOURNMENT
91 Fn�F 0.0 —7
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.
December 21, 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, December 21,
1993, at 9:00 o'clock a.m. Present were John W. Tippin, Vice
Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht.
Chairman Richard N. Bird was absent due to a death in the family.
Also present were James E. Chandler, County Administrator; Charles
P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk.
Vice Chairman Tippin called the meeting to order.
Rev. Pete LaBarre, Retired, gave the invocation, and Attorney
Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the additions of two items:
As Item 13-D-1, Elected Officials' Bonds
As Item 13-D-2, Request from Historical Society
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Chairman Bird being absent) added the above two
items to the Agenda.
PROCLAMATION
Vice Chairman Tippin read aloud the following Proclamation and
presented the accompanying plaque to Henk Toussaint:
BOOK 91 F,AUGF :311
I
P R O C L A M A T I O N
BOOK , 91 P",
WHEREAS, Henk H. Toussaint announces his retirement from
Indian River County Board of County Commissioners effective
December 30, 1993.
WHEREAS, Henk H. Toussaint was hired on October 6, 1982, with
the Veterans Service Office, as an Assistant Veterans Officer.
Previous to his position with the County, he was employed with the
Florida Employment Services as a counselor to veterans.
WHEREAS, Henk H. Toussaint has the reputation of being
completely dedicated to the best interests of the veterans, their
dependents, and heirs through his patient understanding, expertise,
and devotion to his job. Mr. Toussaint has served the people of
Indian River County in obtaining available benefits through
unwavering perseverance and diligence in working with Regional and
National levels of the Veteran's Administration. He has proven by
his actions that his entire life has been dedicated to his
fellowman. He will be sorely missed by the veterans of Indian
River County and the staff.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on
behalf of Indian River County wishes to express its appreciation
for the performance and dedication of Henk H. Toussaint.
BE IT FURTHER PROCLAIMED that the Board wishes him the very
best in his future endeavors.
Dated this 21st day of December 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
John W. ri4pin
L.J", Vice Chairman
APPROVAL OF MINUTES
Vice Chairman Tippin asked if there were any corrections or
additions to the Minutes of the Regular Meeting of November 23,
1993. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
• Chairman Bird being absent) approved the Minutes of
the Regular Meeting of 11/23/93, as written.
2
_I
CONSENT AGENDA
Commissioner Macht requested that Item G be removed from the
Consent Agenda for discussion, and Commissioner Eggert requested
the removal of Item F.
A. Received and Placed on File in the Office of the Clerk to the
Board:
Minutes of the Board of Supervisors, Delta Farms Water
Control District, for FY ending 9/30/93: (meetings of
12/11/92, 12/2/93, and 5/4/93)
B. Chancre in Location of Polling Place for Precinct 16
The Board reviewed the following memo dated 12/10/93:
rt
RIVER CSG
•
•
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
December 10,1993
TO: DICK BIRD, CHAIRMAN, BOARD -OF COUNTY COMMISSIONERS
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: CHANGE IN LOCATION OF POLLING PLACE FOR PRECINCT 16
(Item for consent agenda of December 21, 1993)
There are more than 2000 voters in Precinct 16 in Sebastian,
so we had to find a bigger polling place. Al Thompson,
Exalted Ruler, Sebastian Elks Lodge No. 2714, gave approval
in writing for us to use their facilities at 731 S. Fleming
Street, Sebastian.
This change needs to be made before the city election in
March. New voter ID cards will be mailed to every registered
voter in Precinct 16.
3
BOOK F -VE,, r,1
,I
- - ---
DEC 21 1993
BOOK 91 FnUF 314
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) authorized the change in
location of the polling place for Precinct 16 to the
Elks Lodge No. 2714, 731 S. Fleming Street,
Sebastian, as requested by Supervisor of Elections
Ann Robinson.
C. Occupational Licenses Report - Month of November
The Board reviewed the following memo dated 12/14/93:
M�oR�lvnu�
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: December 14, 1993
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $6,173.94 was collected in occupational license taxes
during the month of November, representing the issuance of
303 licenses.
Karl ZlAmerma
Tax C lector
KZ:sc
4
a
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) accepted the
Occupational Licenses Report for the month of
November, 1993.
D. Release of Utility Liens
The Board reviewed the following memo dated 12/10/93:
TO: BOARD OF COUNTY COMMISSIONERS
e� ,
FROM: R. Beller, CLA, County Attorney's Office
DATE: December 10, 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. Phase I Water Project:
CONNIFF (2)
2. Phase II Water Project:
HOLDERFIELD KUBITZ (2)
RAULERSON WELLS
3. Phase III Water Project:
ANTONIDES DELIA
HOLT
4. Charlotte Avenue Water Project:
DOWLING
S. Eighth Street Water Project:
TURNER
6. Floridacres Water Project:
HELSETH
7. State Road 60 Water Project:
Map C-4 (Lot 28) Kingswood West
pz` 8. Wood Hollow Water Project:
5
BOOK 91 F,�;;F
DEC 2 J 1993 J
DECOOK
FC 2 � .1993
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved the above
listed releases of liens, as recommended by staff.
LIEN RELATED DOCUMENTS
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
E. Prompt Payment Interest Expenses - Report from Finance Dept
The Board reviewed the following memo dated 12/14/93:
TO: Board of County Commissioners
DATE: December 14, 1993
SUBJECT: PROMPT PAYMENT INTEREST EXPENSES
FROM: Richard E. Watkins, Finance Director
The Finance Department reports that during Fiscal Year 1993 (October 1, 1992 to September
30, 1993) there were no interest payments by Indian River County in support of the Florida
Prompt Payment Act (F.S. 218.78).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) accepted the Prompt
Payment Interest Expenses report from the Finance
Department.
F. Approval of Out -of -State Travel - NACo Conference
The Board reviewed the following memo dated 12/15/93:
DATE DECEMBER 15, 1993
TO BOARD OF COUNTY COMNIISSION
FROM KENNETH R. MACHT, COUNTY COMNIISSIONER
RE NACO CONFERENCE
Please approve out of state travel for any commissioner and
appropriate staff to attend the National Association of Counties
conference in Washington on March 4 - 8, 1994.
6
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved out-of-state
travel for Commissioners and appropriate staff to
attend the NACo Conference in Washington, D.C. on
March 4-8, 1994.
G. Award Bid #4046 - Cargo Van for Animal Control
The Board reviewed the following memos dated 12/8/93 and
12/20/93:
DATE: December 8, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Direct
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #4046 Cargo Van
Animal Control
BACKGROUND INFORMATION:
Bid opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
Velde Ford
Vero Beach, F1
TOTAL AMOUNT OF BID
November 23, 1993
November 12, 17, 1993
Twelve (12) Vendors
One (1) Vendor
BID TOTAL
$15,502.00
$15,502.00
SOURCE OF FUNDS Animal Control Automotive Account
ESTIMATED BUDGET $12,217.00
Staff recommends that the sole bid be rejected inasmuch as
the purchase price bid exceeds the budgeted amount.
7
DEC 2x.1993 Boa 91 F,aGF 317
r
DEC 211993 BOOK 91 F .318
DATE: DECEMBER 20, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERACE
SUBJECT: ANIMAL CONTROL CARGO VAN
Emergency Services had a cargo van replacement budgeted and
approved for the 1993-94 fiscal year. The present van is in such
poor condition cost of repairs were prohibitive. The assigned
officer did not have a vehicle for use.
Since, the new State Contracts for vehicles have not been awarded,
an effort was made to eliminate the operational problems and
expedite the process. Bid number 4046 was advertised and
received. Only one vendor responded to the advertisement and his
bid was too high for the budget amount. Staff has recommended not
to accept this bid.
Due to the urgency of this situation, Purchasing Staff called
every local and known dealer that has participated in our
automotive bidding process, in an effort to obtain a vehicle as
soon as possible. Duval Ford in Jacksonville had a van that was
left over from the 1992-93 State Contract order and was willing to
sell it to the County at last year's contract price. This
purchase required immediate action because the vendor was going to
sell it "first come", first served".
Under authority of Indian River County's Purchasing Manual, this
writer authorized a Emergency Purchase Order to Duval Ford to buy
the vehicle at a price of $13,391.00, which is $2,111.00 less than
the bid amount of $15,502.00.
This type emergency action requires Board notification due to
pricing over the $5,000.00 threshold.
Commissioner Macht questioned why we went to a single source
to start with, and General Services Director Sonny Dean explained
that we originally mailed this out to 12 vendors, but received only
one bid which was over what we had budgeted.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) acknowledged the
purchase of the cargo van from Duval Ford and
approved the Emergency Purchase Order in the amount
of $13,391, as recommended by staff.
8
� � i
H. Award Bid #4035 - Automated Inspection - Planning Dept
The Board reviewed the following memo dated 12/14/93:
DATE: December 14, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adm'nistrator
H.T. "Sonny" Dean, Directo
�jo
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #4035/Automated Inspection Request
System
Community Development
BACKGROUND INFORMATION•
Bid Opening Date:
December
1, 1993
Advertising Dates:
November
17, 24, 1993
Specifications Mailed to:
Two (2) Vendors
Replies:
Two (2) Vendors
VENDOR
BID TOTAL
Vetrol Data
$21,768.00
Vero Beach, F1
Enhanced Systems Inc
$24,805.00
Norcross, Ga
TOTAL AMOUNT OF BID
$21,768.00
SOURCE OF FUNDS Funds will
Division Budget.
be coming
from Building
RECOMMENDATION
Staff recommends that the bid
be awarded
to Vetrol Data
S34stems as the lowest, most
responsive
and responsible
bidder meeting specifications as set
forth in the
Invitation to Bid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) awarded Bid #4035 to
Vetrol Data for $21,768 for an Automated Inspection
Request System for the Planning Department.
I. Award of Bid #4032 - Construction Services for Installation of
Traffic Control Devices
The Board reviewed the following memo dated 12/14/93:
9
DEC 211993
BOOK 91 FADE .319
I
DEC 2 1 199
BOOK 91 F'AGF. -120
CONM33MgW A"%C=Mu A
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director _
H.T. "Sonny" Dean
General Services Director
FROM: Jeanne Breset
Interim Chieffic Engineer
SUBJECT: Traffic Engineering Award Bid #4032
Construction Services for Installation of
Traffic Control Devices
DATE: December 14, 1993
DESCRIPTION AND CONDITIONS
The Indian River County Traffic Engineering Division is not equipped to
perform every aspect of installing traffic signals cost effectively,
therefore the Public Works Department advertised for competitive bids
for a contractor to perform traffic signal installations (concrete
strain poles, equipment, etc.) to meet the demand of present and
upcoming signalization projects. We need to secure a contractor that
can provide materials for signalization of intersections, construct, and
install any traffic control device. Work orders will be issued on an
as -needed basis. Although many items were included in the bid, many bid
items will not be constructed unless needed. The amount of the bids
below do not reflect actual expenditures anticipated in the coming year.
We have received three (3) bids from the following vendors:
►If D4 ZMh0
1) American Lighting and Signalization
Parrish, Florida
2) The Signal Group
Jupiter, Florida
3) Control Specialists
Orlando, Florida
CORRECTED
TABULATIONS TABULATIONS
$ 886,276.00 $885,276.00
$1,047,655.00 $1,047,255.00
$1,121,940.00$1,121,980.00
The bids were advertised on October 27, 1993 and November 3, 1993. The
bid opening date was November 12, 1993. Specifications were mailed to
five (5) vendors. Three (3) replies were received. This will be a
continuing contract, renewable on an annual basis.
•i 1:, . . . 1,110 A
Staff recommends - that the bid be awarded to American Lighting and
Signalization, Inc. as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the Invitation to Bid.
The bids were based on various signalization projects throughout Indian
River County. Funding will be from individual construction accounts.
Various sources of funding (traffic impact fees) will be utilized
dependent upon project.
10
_ M
Commissioner Macht explained that he pulled this item for
discussion because the amount of money and the complexity of it is
such that he discovered that he does not know that much about it.
He asked if sometime in the future the Board could be given a run-
down on how this works, i.e. the general relationship with the
State and why we pay what we pay and why they pay what they pay.
Administrator Chandler stated that staff could present a run-
down on how all of this works, but essentially this sets a unit
price contract for materials and, in some cases, materials and
labor for traffic installations. If there is a need for either
maintenance or replacement, we can go to this contract which is set
out according to the amount of funds that are budgeted on an annual
basis.
Commissioner Macht was not familiar with those figures and
would appreciate it if that explanation was included in a future
workshop.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Adams, that the Board award Bid #4032
to American Lighting and Signalization, Inc., as set
out in the above staff recommendation.
Vice Chairman Tippin agreed it would be very beneficial to
have a workshop on this, perhaps in the spring.
THE VICE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously,
(4-0, Chairman Bird being absent).
11
DEC 211993
BOOK 91
I
F, DFr 21 ,q9'I
BOOK; 91 P,,GF .
RESOLUTIONS PROVIDING FOR PAVING AND DRAINAGE IMPROVEMENTS AND
SETTING PUBLIC HEARING DATE FOR 128TH COURT 236 L.F. NORTH OF 79TH
AVENUE
TO:
The Board reviewed the following memo dated 12/7/93:
James Chandler
County Administrator
THROUGH: James W. Davis, PA -
Public Works Director
FROM:
and
Roger D. Cain, P
County Engineer
N ichelle A. Gentile, CET
Civil Engineer
SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public
Hearing date for.
128th Court, 236 L.F. North of 79th Avenue (Elaine Street)
DATE: December 7, 1993
The County Public Works Department has initiated a public improvement assessment for road
paving and drainage improvements to 128th Court, 236 LF North of 79th Avenue (Elaine Street).
Mr. C.N. Kirrie has escrowed $4,275.00 for road paving for portions of 128th Court in Roseland
through the Site Plan requirements.
The Engineering Division notified all the property owners in the benefited area on 128th Court of
an informal meeting to be held on November 15, 1993. At this meeting the engineering staff
discussed with the developer, Mr. Kirrie, the paving design and permit requirements. Since this is
a developer impacted paving project, the paving will encompass a short distance to include two
driveways accessing Mr. Kirrie's property, per Site Plan.
There are two property owners who will be assessed for this project, Mr. Kirrie and Ms. Manz.
Their frontage is 166 lineal feet each and this would take the paving up to Mr. Kime's first
driveway. Mr. Kirrie has agreed to fiord 75% of the additional costs to continue the paving up to
his second driveway. This is an additional 451ineal and the cost estimate and assessment itemize
this cost.
Mr. Kirnie's escrow fiords will cover all of his assessment. Ms. Manz will be assessed in the normal
fashion for her 166 front footage.
A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability,
cost and amount of the assessment against each property owner.
12
_ M
This Public Hearing has been scheduled for Tuesday, January 18,1994 at 9:05 A.M. in the County
Commission Chambers. .
An assessment roll and plat has been prepared and filed with the Clerk to the Board of County
Commissioners.
It is recommended that motions be made to:
1) Adopt the resolution providing for the paving and drainage improvements for the projects
subject to the terms outlined in the resolution. The applicable interest rate shall be
determined at tie time the final assessment roll is approved.
2) Allocate $9,139.70 from the Petition Paving Account #173-214-541-03539.
3) Adopt a resolution setting the time and place of the Public Hearing.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution 93-
216, providing for certain paving and drainage
improvements to 128th Court, 236 L.F. north of 79th
Avenue (Elaine Street).
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution 93-
217, setting Tuesday, January 18, 1994 for a public
hearing on the proposed paving and drainage
improvements to 128th Court, 236 L.F. north of 79th
Avenue (Elaine Street).
13
DEC
2 11993
Providing (First Reno.)
BOOK
5/26/93(ENG)RESl.MAG\gfk
RESOLUTION NO. 93-216
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 128TH
COURT, 236• L.F. NORTH OF 79TH AVENUE (ELAINE
STREET), PROVIDING THE TOTAL ESTIMATED COST, METHOD
OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIFICALLY BENEFITED.
WHEREAS, the County Public Works Department has been
petitioned for Road Paving and Drainage Improvement for 128th
Court, 236 L.F. North of 79th Avenue (Elaine Street).
WHEREAS, the construction of paving and drainage
improvements by special assessment funding is authorized by Chapter
206, Section 206.01 through 206.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed
by the Public Works Department; and the total estimated cost of the
proposed paving and drainage improvements is NINE THOUSAND ONE
HUNDRED THIRTY-NINE DOLLARS and SEVENTY CENTS ($9,139.70); and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially
benefited, be in an amount equal to that proportion of seventy-five
percent (75%) of the total cost of the project ($6,854.78) which
the number of lineal feet of road frontage owned by the given owner
bears to the total number of lineal feet of road frontage within
the areas specially benefited, plus additional paving requested by
Mr. Rirrie (developer), and twenty-five percent (25%) of the total
cost of the project ($2,284.92) will come from Petition Paving
Account; and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code;
and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the time
of preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the first to be made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
14
91 Fni.:324 -I
No. 93-216
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvement, to wit:
A.A. Berry Subdivision, PBS 2, Page 14, NLY 166' of
SLY 201' of WLY 1/2 of Lot 27
A.A. Berry Subdivision, PBS 2, Page 14, NLY 166' of SLY
201' of ELY 1/2 of Lot 29
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF•INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage
improvements to 128th Court, 236 L.F. North of 79th Avenue (Elaine
Street); heretofore designated as Public Works Project No. 9120 is
hereby approved subject to the terms outlined above and all
applicable requirements of Chapter 206, et seq. Indian River County
Code.
The foregoing resolution was offered by Commissioner
Macht who moved its adoption. The motion was seconded
by Commissioner Eggert and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird
vice -Chairman John W. Tippin Absent
Aye
Commissioner Fran B. Adams
Commissioner Kenneth R. Macht Aye
Aye
Commissioner Carolyn K. Eggert
• Aye
The Chairman thereupon declared the resolution passed and
adopted this 21 day of December , 1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN IVER COUNTY, FLORIDA
BY
RIC D N. BIRD, Chairman
Attest:
JEF�EEY K. B�tTpN, Clerk
15
L_ DEC 211993
Boa
DEC 21 1993
BOOK
Time and Place (second Reso.) 5/26/93(ENG)RES2.MAG\gfk
RESOLUTION NO. 93- 217
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS
OF PROPERTY ON 128TH COURT, 236 L.F. NORTH OF
79TH AVENUE IN ROSELAND AND OTHER INTERESTED
PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY
AND ADVISABILITY OF MAKING PAVING AND DRAINAGE
IMPROVEMENTS TO SAID PROPERTY AS TO THE COST
THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR,
AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY
ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 93-216 , determined that it is
necessary for the public welfare of the citizens of the
county, and particularly as to those living, working, and
owning property within the area described hereafter, that
paving and drainage improvements be made to; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to
the Board; and
WHEREAS, Section 206.06, Indian River County Code,
requires that the Board of County Commissioners shall fix a
time and place at which the owners of the properties to be
assessed or any other persons interested therein may appear
before the Board of County Commissioners and be heard as to
the propriety and advisability of making paving and drainage
improvements, as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be assessed
against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at.the County Commission
chambers in the County Administration Building at the hour
of x•05 A.M. on Tuesday January 18* 1994, at which time
the owners of the properties to be assessed and any other
interested persons may appear before said Commission and
be heard in regard thereto. The area to be improved and
the properties to be specially benefited are more
particularly described upon the assessment plat and the
assessment roll with regard to the special assessments.
2. All persons interested in the construction of said
improvements and the special assessments against the
16
a
91 FAGE'. 26
RESOLUTION NO. 93-Z1Z
properties to be specially benefited may review the
assessment plat showing the area to be assessed, the
+ assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the
Office of the Clerk to the Board any week day from 8:30
A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing shall
be given by the Department of Public Works by two
publications in the Vero Beach Press Journal Newspaper a
week apart. The last publication shall be at least one
week prior to the date of the hearing. The Indian River
County Department of Public Works shall give the owner of
each property to be specially assessed at least ten days
notice in writing of such time and place, which shall be
served by mailing a copy of such notice to each of such
property owners at his last known address.
The resolution was moved for adoption by Commissioner
Macht , and the motion was seconded by Commissioner
Eggert and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird Absent
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 21 day of December , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIV COUNTY, FLORIDA
00,
By /
RI HARD N. BIRD,
Chairman
Jeffroy Ba on, Clerk
BY•O� -'Q� 0&:
Attachment: ASSESSMENT ROLL
17
DEC 2
11993
BOOK 9 FACE" 97
r -,y ,, -7
DEC 2 1 1993 BOOK 91 FAGE•)�.,�
RESOLUTIONS PROVIDING FOR PAVING AND DRAINAGE IMPROVEMENTS AND
SETTING PUBLIC HEARING DATE FOR 126TH STREET BETWEEN 78TH & 79TH
AVENUES
The Board reviewed the following memo dated 12/7/93:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.Fk
Public Works Director
and
Roger D. Cain, P.E. �—
County Engineer
FROM: Michelle A. Gentile, CET
Civil Engineer 70f
SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public
Hearing date for.
126th Street between 78th Avenue and 79th Avenue (Elaine Street)
DATE: December 7, 1993
The County Public Works Department has received a petition for road paving and drainage
improvements to 126th Street between 78th Avenue and 79th Avenue (Elaine Street) in Roseland
Lake Subdivision. The property owners owning 690/b of the front footage have signed this petition.
A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability,
cost and amount of the assessment against each property owner.
This Public Hearing has been scheduled for Tuesday, January 18, 1994 at 9:05 A.M. in the County
Commission Chambers.
An assessment roll and plat has been prepared and filed with the Clerk to the Board of County
Commissioners.
It is recommended that motions be made to:
1) Adopt the resolution providing for the paving and drainage improvements for the projects
subject to the terms outlined in the resolution. The applicable interest rate shall be
determined at the time the final assessment roll is approved
2) Allocate $32,676.56 from the Petition Paving Account #173-214-541-03539.
3) Adopt a resolution setting the time and place of the public Hearing.
18
M M i
ON MOTION by Commissioner Macht, SECONDED by '
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution 93-
218, providing for certain paving and drainage
improvements to 126th Street between 78th and 79th
Avenues, etc.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution 93-
219, setting Tuesday, January 18, 1994 for a public
hearing -on the proposed paving to 126th Street
between 78th and 79th Avenues, etc.
Providing (First Reso.) 5/26/93(ENG)RESI.MAG\gfk
RESOLUTION NO. 93- 218
A RESOLUTION OFTHE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN
PAVING AND DRAINAGE IMPROVEMENTS TO 126TH STREET
BETWEEN 78TH AVENUE AND 79TH AVENUE (ELAINE STREET) IN
ROSELAND LAKES SUBDIVISION, PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS,
NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION
OF THE AREA SPECIFICALLY BENEFITED.
WHEREAS, the County Public Works Department has been petitioned for Road
Paving and Drainage Improvement for 126th Street between 78th Avenue and 79th Avenue (Elaine
Street) in Roseland Lakes Subdivision.
WHEREAS, the construction of paving and drainage improvements by special
assessment funding is authorized by Chapter 206, Section 206.01 through 206.09, Indian River
County Code; and cost estimates and preliminary assessment rolls have been completed by the
Public Works Department; and the total estimated cost of the proposed paving and drainage
improvements is THIRTY-TWO THOUSAND SIX HUNDRED SEVENTY-SIX DOLLARS and
FIFTY-SIX CENTS ($32,67656); and
WHEREAS, the special assessment provided hereunder shall, for any given record
owner of property within the area specially benefited, be in an amount equal to that proportion of
seventy-five percent (75%) of the total cost of the project ($24,507.42) which the number of parcels
owned by the given owner bears to the total number of parcels within the areas specially benefited
and twenty-five percent (25%) of the total cost of the project ($8,169.14) will come from Petition
Paving Account; and .
WHEREAS, the special assessment shall become due and payable at the Office of
the Tax Collector of Indian River County ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code; and
3.9
BOOK 91 F-vuF 9?9
L_ DEC 211993 J
r DEC � 1993 ry
EC BOOK 91 P��;E 3.30
No. 93- 218
WHEREAS, any special assessment not paidwithin said ninety (90) day period shall
bear interest beyond the due date at a rate established by the Board of County Commissioners at the
time of preparation of the final assessment roll, and shall be payable in two (2) equal installments,
the first to be made twelve (12) months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated usage of the proposed
improvements, the Board of County Commissioners has determined that the following described
properties shall receive a direct and special benefit from these improvement, to wit:
Lots 1 through 12, Roseland Lakes No. 2 being a subdivision of Lot 33 of
A.A. Berry Subdivision, Section 2, Township 30S, Range 38E, Indian River
County, Florida as recorded in Plat Book 7, Page 63; and
Fleming Grant PBS 1-175, Lot 7, Section 30, Less Ely 1/2 of My 132 Ft; and
Fleming Grant PBS 1-175 Ely 1/2 of Nly 132 Ft of Lot 7, Section 30
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and rated in their entirety.
2. A project providing for paving and drainage improvements to 126th Street
between 78th Avenue and 79th Avenue (Elaine Street) in Roseland Lakes Subdivision; heretofore
designated as Public Works Project No. 9046 is hereby approved subject to the terms outlined above
and all applicable requirements of Chapter 206, et seq. Indian River County Code.
The foregoing resolution was offered by Commissioner Mach t
who moved its adoption. The motion was seconded by Commissioner E g g e r t and,
upon being put to a vote, the vote was as follows:
Chairman Richard N. Bird
Absent
Vice -Chairman John W. Tippin
Aye
Commissioner Fran B. Adams
A y e
Commissioner Kenneth R. Macht
Aye
Commissioner Carolyn K. Eggert
Aye
The Chairman thereupon declared the resolution passed and adopted this 21 day
of Dec. , 1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN VER COUNTY, FLORIDA
By /l
RICHARD N. BIRD, Chairman
20
Time and Place (Second Resc.)
5/26/93(ENG)RES2.MAG\gfk
RESOLUTION NO. 93-_21_9_
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS
.OF PROPERTY ON 126TH STREET BETWEEN 78TH
AVENUE AND 79TH AVENUE (ELAINE STREET) IN
ROSELAND LAKES SUBDIVISION AND OTHER
INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD
OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF MAKING PAVING
AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS
TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF
TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY
BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 93-218 , determined that it is
necessary for the public welfare of the citizens of the
county, and particularly as to those living, working, and
owning property within the area described hereafter, that
paving and drainage improvements be made to; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to
the Board; and
WHEREAS, Section 206.06, Indian River County Code,
requires that the Board of County Commissioners shall fix a
time and place at which the owners of the properties to be
assessed or any other persons interested therein may appear
before the Board of County Commissioners and be heard as to
the propriety and advisability of making paving and drainage
improvements, as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be assessed
against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. 'The County Commission shall meet at the County Commission
chambers in the County Administration Building at the hour
of _9:05 A.M. on Tuesday, January 18. 1994, at which time
the owners of the properties to be assessed and any other
interested persons may appear before said Commission and
be heard in regard thereto. The area to be improved and
the properties to be specially benefited are more
particularly described upon the assessment plat and the
assessment roll with regard to the special assessments.
2. All persons interested in the construction of said
improvements and the special assessments against the
properties to be specially benefited may review the
21
BaoK 91 PAGE 331
r DEC 2 11993 BOOK
RESOLUTION NO. 93-__"9
assessment plat showing the area to be assessed, the
assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the
office of the Clerk to the Board any week day from 8:30
A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing shall
be given by the Department of Public Works by two
publications in the Vero Beach Press Journal Newspaper a
week apart. The last publication shall be at least one
week prior to the date of the hearing. The Indian River
County Department of Public Works shall give the owner of
each property to be specially assessed at least ten days
notice in writing of such time and place, which shall be
served by mailing a copy of such notice to each of such
property owners at his last known address.
The resolution was moved for adoption by Commissioner
Macht , and the motion was seconded by Commissioner
Egger_ and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird Absent
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 21 day of December , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER
MCY, FLORIDA
By�
RICHARD N. BIRD,
Chairman
Attes�
Jeffrey K. Barton, Clerk
Attachment: ASSESSMENT ROLL
22 'A
91 pAcr :3:3
CONSTRUCTION OF NEW RESTROOM FACILITIES AT BLUE CYPRESS LAKE PARK
The Board reviewed the following memo dated 12/13/93:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,-`�
Public Works Director
. f
SUBJECT: Construction of New Restroom Facilities at
Blue Cypress Lake Park
REF. MEMO: Harry Asher, Asst. Utilties
Director, to Michael Galanis,
Environmental Health Director, dated
Oct. 29, . 1993
DATE: December 13, 1993 - FILE: BLYCYP.A=
DESCRIPTION AND CONDITIONS
The Public Works Department staff has investigated the feasibility
of connecting the Restroom Facilities at Blue Cypress Lake Park to
the newly constructed sanitary sewer system. Due to the long
distance (834.' between the restrooms and lift station), constrained
route, and dilapidated condition of the existing restrooms, staff
is of the opinion that it would be advisable to eliminate the
existing building and construct a new restroom building closer to
the lift station and concession building. Prefabricated or site
constructed buildings are available; the costs are as follows:
Prefabricated Building
Size 12 x 32 = 384 s.f.
Building cost (delivered) $24;500
Water System $10,000
Foundation $ 4,000
Utility Connections 5 000
TOTAL $43,500
Site Constructed Building $57,000
(similar to new Round Island Park Building)
Added cost due to remote site $10,000
Water System $10,000
Utility Connections 5 000
TOTAL $82,000,
There is currently $52,523.22 available in the Florida Boating
Improvement Program (FBIP) Fund for Indian River County's use. if
$45,000 is appropriated for Replacement of Blue Cypress Lake
Restrooms, $7;523.22 would be available for future projects.
RECOMMENDATIONS AND FUNDING
The Parks and Recreation Committee approved this request on Dec 2,
1993. Staff recommends that the Committee endorse a $45,000
allocation for the FBIP fund to replace restrooms at Blue Cypress
Lake Park.
23
DEC2 11993
booK 91 F,A,UF333
r DEC 21 1993
BLUE CYPRESS LAKE
CUSTOMERS NOT CONNECTED
OWNER
BRITT, HELEN MIDDLETON
PRICE; CHARLES
HAMILTON, ROY J.•.
JOHNSON JR., D.W. & MARGIE
YOUNG, JAMES & MARGARET
HAMILTON, ROY J. (RONALD)'
HAMILTON, ESTATE OF INEZ
MIDDLETON
ATAMER, EROL & BETH ANN
GARNER, MERRITT AND KATHRYN
HENSICK, WILLIAM
KUSHMER, HAZEL
CLEM, CHESTER
YOUNG, NANCY
FAXON, KATHRYN
MOODY, WALTER R.
STEPHENSON TRUSTEE, J.P.
PARCEL I.D. NUMBER
BOOK 91 PacE 3:34
ADDRESS
00323600002001000001.0
21704 73RD MANOR
00323600002001000004..0-
21722 73RD MANOR
00323600002001000008.0
21746 73RD MANOR
00323600002001000010.0
21758 73RD MANOR
00323600002001000018.0
21799 73RD MANOR
00323600002001000027.0
21747 73RD MANOR
00323600002001000028.0
21741 73RD MANOR
00323600002001000034.0
21705 73RD MANOR
00323600002002000001.0
21704 73RD LANE
00323600002002000002.0
21710 73RD LANE
00323600002002000022.0
21777 73RD LANE
00323600002002000026.0
21753 73RD LANE
00323600002003000002.0
21710 73RD PLACE
00323600002003000014.0
21788 73RD PLACE
00323600002003000017.0
21799 73RD PLACE
00323600002003000029.0
21723 73RD PLACE
00323600002003000032.0
21705 73RD PLACE
INDIAN RIVER COUNTY PARK 00323600000000000003.0 BLUE CPYRESS
Commissioner Macht was rather nonplussed about the high cost
of the alternative to a prefabricated building, and Public Works
Director Jim Davis explained that because that area is 25 miles
from town, it would be very costly for a local contractor to go out
there every day to construct a total building.
Commissioner Adams thought it was good that the facility will
be located in a different spot.
Commissioner Tippin asked the status of the wastewater service
out there and the reason why so many people have not connected to
that facility, and Utilities Director Terry Pinto advised that all
of that has been turned over to the Health Department for
enforcement.
Commissioner Adams noted that the cross-over was in bad shape,
and Director Davis stated that he would take a look at it.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) endorsed a $45,000
allocation from the Florida Boating Improvement Plan
fund to replace rest rooms at Blue Cypress Lake
Park, as recommended by staff.
a
24
RIGHT-OF-WAY ACQUISITION - 26TH STREET WEST OF 66TH AVE. - FRANK
BATES GROVE, INC.
The Board reviewed the following memo dated 12/16/93:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,..
Public Works Director
SUBJECT: 26th Street Right -of -W Acquisition West of
66th Avenue - Frank Bates Grove, Inc.
REF. LETTER: William W. Caldwell to James E.
Chandler'dated Dec 7, 1993
DATE: December 16, 1993 FILE: RAM.Am
DESCRIPTION AND CONDITIONS
Since 1990, the Public Works Department has been acquiring 30' of
additional right-of-way along the north side of Walker Ave. (26th
Street) west of 66th Avenue. Five of seven parcels have been
acquired (see attached list). Frank Bates Groves, Inc., the
property owners of two remaining parcels, has indicated through
their attorney, B.T. Cooksey, that they do not wish to sell the
additional right-of-way. The property is, being used as active
grove, and there is no interest in being assessed for paving the
road. William Caldwell, a property owner along the road, is
requesting the County proceed to acquire the two remaining parcels
by eminent domain proceedings. On Jan. 21, 1992, the Board
authorized right-of-way acquisition by "whatever legal means is
necessary". Since that time, five of the parcels have been
acquired.
ALTERNATIVES AND ANALYSIS
The 26th Street paving and drainage project is being funded by the
Special Assessment Program for collector road whereby the county
pays 50% of the project cost, and the remaining 50% is assessed to
benefitted property owners. If the remaining two parcels are
acquired through Eminent Domain proceedings, legal fees, expert
witness fees, updated appraisal fees, and related costs could cost
many thousands of -dollars. In two recent Boulevard condemnation
cases the Judge awarded the defendants attorney fees, experts, etc.
a total of approximately $98,000 and $95,000. These figures do not
include the County's cost for. appraisals and experts. Unless
these project costs are funded by the County, the resulting
assessments may be quite high. If the remaining property owners
feel that their assessments are too high, they may object to the
paving project during the required public hearing.
The alternatives presented are as follows:
Alternative No. 1
Proceed to take the property by Eminent Domain
proceedings. Propose assessing 50% of the cost to the
benefitted property owners, and include these costs in
the preliminary assessment roll to be considered at the
public hearing. The Board could include these costs or
delete the costs based upon comments received during the
public hearing.
Alternative No. 2
Do not acquire the remaining two parcels.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby Eminent Domain
proceedings are authorized. Staff will bring all major cost items
to the Board as Eminent Domain progresses.
25
DEC 2 11993
BOOK 91 F,� GF335
I
BOOK 91 FACE .3.36 -7
Public Works Director Jim Davis commented that staff does not
want to get involved in eminent domain, but it is a last resort.
Hopefully, the authorization to go to eminent domain will bring
about further negotiations.
Commissioner Adams understood that we are talking about
purchasing one-half acre for $10,000 and that the owners are
unwilling to sell for that. She asked why we could not do a third
alternative by just paving around them and assessing them.
Director Davis explained that drainage would be a problem. In
addition, we cannot design the road with a road -side recovery area
between the canal and the edge of the road without going to a non -
mountable curb. We would have to put in a reverse curve in the
road with barrier curbs on each side of the road and then move back
into the right-of-way that we have acquired. It would not be a
very smooth alignment.
Commissioner Adams felt she would rather see that than the
County ending up spending $100,000 to get right-of-way valued at
$10,000.
Attorney Vitunac advised that if the matter goes to eminent
domain and our first written offer turas out to be high enough so
that the owner does not get more than that in condemnation, we
would not have to pay any attorney's fees.
Commissioner Macht hated to see us put ourselves in a position
where we would pay $10,000 and then end up paying $100,000 for the
whole thing. We risked that in two other situations this past
year and lost. He felt it might be cheaper to go with the third
alternative suggested by Commissioner Adams rather than get into
costly eminent domain proceedings.
William Caldwell, local attorney and owner of property on 26th
Street, confirmed that B. T. Cooksey, attorney for Frank Bates
Groves, Inc., has indicated several times during the last 1-1/2
years that they don't wish to sell their property- to the County.
It appears that they just don't want to cooperate, and they really
don't need to have a reason not to sell their property. Mr.
Caldwell noted that he personally has tried to acquire property
from them but to no avail. In fact, he didn't know of any land
that they have sold.
Lengthy discussion ensued regarding the payment of legal fees
involved in eminent domain proceedings, and Mr. Caldwell noted that
he was slaughtered in what he received for his property that the
County took for the construction of Indian River Boulevard. He
didn't know how the eminent domain costs would affect the special
assessment costs in this project since some people already have
deeded their property over to the County for $15,000 an acre.
a
26
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Eggert, that the Board authorize
eminent domain proceedings to acquire the right-of-
way on 26th Street owned by Frank Bates Grove, Inc.,
as recommended by staff.
Under discussion, Mr. Tippin strongly recommended that we keep
a careful watch on legislation being proposed this session to limit
the way counties have been raped over the years in condemnation
proceedings. He felt it would behoove us to very actively support
such legislation when it comes forth. He knew Florida Association
of Counties is pushing for it diligently.
Commissioner Adams just hated to begin eminent domain
proceedings without going to further negotiations with the owners.
She requested that this item be tabled for 2-3 weeks so that she
could have a chance to talk with Administrator Chandler and
Attorney Vitunac about trying some other avenues.
Director Davis suggested that perhaps in cases such as this
one where we encounter a deadlock a Board member could sit in on a
mediation meeting with the owners or their representatives.
COMMISSIONERS MACHT AND EGGERT WITHDREW THEIR
MOTION ON THE FLOOR.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Chairman Bird being absent) tabled this item for
three weeks.
REPLACEMENT OF OUTDATED STREET LIGHTS IN THE ROCRRIDGE STREET
LIGHTING DISTRICT
The Board reviewed the following memo dated 12/16/93:
TO: James Chandler
County Administrator --
FROM: James W. Davis, P.E. G
Public Works Director
SUBJECT: Replacement of Outdated Streetlights in the
Rockridge Street Light District
DATE: December 16, 1993
DESCRIP'T'ION AND CONDITIONS
In the late 1980's, it became apparent that the 18 year old street light
fixtures and wood poles owned by the Rockridge Street Light District
27
EC 21-1993 800A 91 PA,F 33
r DEC 219993
BOOK 91 f"�U-F.:3.38 7
needed replacement with high pressure sodium lights and fixtures. Certain
parts and street light bulbs were outdated and were difficult to find.
Currently, the City of Vero Beach Electrical Utilities Department supplies
only the electricity and light bulb replacement under an agreement between
the County and the District dated 1972. The charge in 1992 to each
property owner within the Rockridge Street Light District was $5 per year
per parcel.
In September, 1993, during the regular street light district budget
hearings conducted by the Indian River County Board of County
Commissioners, the Board adopted a FY93/94 budget for the Rockridge Street
Light District which increased the per parcel district assessment to $15
per year. The increase of $10 per year is necessary to fund the
replacement of the outdated fixtures (approximately 44 lights) and
remaining wood poles. The Rockridge Property Owners Association
recommended this action. From our records, the old fixtures and poles
were owned by the Rockridge Street Light District. Possession of twenty,
seven of these poles was transferred to the District at the time of
formation of the District by the then existing Property Owners
Association.
At this time the City of Vero Beach and the County Public Works Department
would propose to cancel the 1972 agreement (letter from City attached) and
bring the street light system under the standard Governmental Street
Lighting Agreement between the County and the City, dated April 20, 1988.
If this action is approved, the City of Vero Beach Utilities Department
will not charge a one time additional cost to the property owners in the
District for purchasing and installing the new street light system.
Instead, the new per parcel assessment of $15 per year will fund the cost
of replacement materials, installation cost, electricity, and maintenance
of the entire system. The $15 per year rate will only change if fuel
adjustment charges increase (as with any electric utility), if additional
lights are added, or if other approved modifications to the Rockridge
Street Light District are made.
The County staff does not anticipate major increases in the per parcel
assessment on a yearly basis. The City of Vero Beach Utility Department
will own and maintain the new system, as is the case with all other street
light districts within the County.
ALTERNATIVES AND ANALYSIS
Mr. J. Richard Sabonjohn, resident of Rockridge, has been communicating
with the County and City staff regarding the cost and merits of a
privately owned system in comparison to the standard Governmental Street
Light Program. Following numerous discussions, the staffs are of the
opinion that the Governmental Street Light Program would best meet the
needs of the Rockridge area.
Seven of the 44 lights within the Rockridge Street Light District are
along the 17th Street Causeway. Since these lights illuminate an arterial
route, staff would recommend that the County delete -these 7 lights from
the District and fund them under the Transportation Fund - Traffic
Engineering Division budget beginning October 1, 1994.
RECOMMENDATIONS AND FUNDING
It is recommended that the 1972 Rockridge Street Lighting Agreement be
terminated as requested by the City and that the Rockridge Street Light
District system be upgraded and included in the standard Governmental
Street Light Agreement with the City of Vero Beach. Seven lights along
17th Street are recommended to be deleted from the District in October
1994 when the 94/95 fiscal year begins.
Funding'to be from Rockridge Street Light District.
28
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, that the Board terminate the
1972 Rockridge Street Lighting Agreement and
authorize the upgrading of the Rockridge Street
Light District and inclusion in the standard
Governmental Street Light Agreement with the City of
Vero Beach, as set out in the above staff
recommendation.
Vice Chairman Tippin asked if anyone wished to speak on this
matter.
Richard Sabonjohn, resident of Rockridge, distributed copies
of material pertaining to the establishment of the Rockridge Street
Lighting District. He also presented petitions signed by 102
property owners in Rockridge who would like to have a voice in this
matter. (SAID PETITIONS WERE ACKNOWLEDGED BY THE CLERK TO THE BOARD
AND RETURNED TO MR. SABONJOHN.)
Mr. Sabonjohn felt it would be more cost effective to purchase
a new system in the private sector and have a private contractor
install it and continue under the City's program to justify energy
to the system. He maintained that the alternatives of the
upgrading and replacement of the street system should be put to a
referendum of all the property owners in Rockridge. After a
lengthy discourse regarding the cost and merits of a privately -
owned system in comparison to the standard Governmental Street
Light Program, Mr. Sabonjohn asked the Board to consider his
arguments. Vice Chairman Tippin thanked Mr. Sabonjohn for
presenting his position to the Board.
OMB Director Joe Baird advised that staff determined that
overall the Governmental Street Light Program would best meet the
needs of the Rockridge area. The poles are old and the lights are
getting dimmer and need to be replaced. Initially, he received 25
calls from residents wanting to have a vote on this matter, but
most people changed their position after finding out that the $15
cost per parcel/acre was an annual charge and not a monthly charge.
Director Baird advised that the $10 increase from $5 a year to $15
a year has been included in the property tax bills that were due in
November. He pointed out that the City has been very good in
replacing some of these poles, but they feel enough is enough and
they have put us on notice that if this is not going forward, they
would cancel the contract.
Commissioner Adams understood then that there was some
erroneous information regarding the annual costs of the street
lighting district.
HE
BOOK;. �. PASF •JQ'
DEC 2 11993
r DEC 21 1993
BOOK 91 PAGE •3.40 . -7
Stan Ludwig, newly elected president of the Rockridge Property
Owners Association, noted that the Association had been working
with the people and Mr. Baird for over 3 years and thought they had
this all worked out until Mr. Sabonjohn asked for the use of the
Association's hall to hold a meeting of the Rockridge property
owners to see if a majority preferred to put this matter to a
referendum. Many of the people attending that meeting left after
finding out that the $15 parcel/acre cost was an annual cost, not
a monthly cost. In a later meeting on November 29, a vote was
taken of the 80 people attending and 95% were in favor of the
project._ The Association supports a Governmental Street Light
Program.
Rosemarie Wilson, 1490 5th Avenue, didn't feel the Rockridge
Property Owners Association has represented her in good faith. She
wanted to be able to exercise her right to vote on the question of
having a privately -owned system or a standard Governmental Street
Light Program. Ms. Wilson presented for the record a copy of the
Association's by-laws. (BY-LAWS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD)
Mr. Sabonjohn explained that a lot of people called him to
take their comments to the November 29 meeting which was attended
by only 80 people. However, that meeting evolved into a personal
attack on him.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion carried unanimously (4-0, Chairman Bird
being absent).
30
STRUCTURAL ENGINEERING SERVICES FOR SR -60 COMMERCIAL NODE AND
WOODLAWN MANOR SEWER
The Board reviewed the following memo dated 11/30/93:
DATE: NOVEMBER 30, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED WILLIAM F MCCAIN
AND STAFFED C-APIJECTS ENGINEER
BY: DEP UTILITY SERVICES
SUBJECT: STRUCTURAL ENGINEERING SERVICES FOR STATE ROAD 60
COMMERCIAL NODE AND WOODLAWN MANOR SEWER
INDIAN RIVER COUNTY PROJECT NUMBERS UW -92 -26 -DS,
IIS -92 -27 -CS, AND IIS -93 -07 -CS
,/ BACKGROUND
The State Road 60 Commercial Node utility project is going to
construction in January 1994, and the Woodlawn sewer project is
currently in the design phase. Both of these projects have
previously received Board of County Commission approval (see
attached.agenda items and minutes). The services for State Road 60
involve review and inspection of a proposed County -designed crossing
of the Indian River Farms Canal at 98th Avenue. The services for
Woodlawn are for the design of an aerial crossing at the South
Relief Canal. Quotes for these services were solicited from two
local structural engineering firms (see attached).
ANALYSIS
The cost for these services is as follows:
Woodlawn 98th Avenue Total
KSM $2,500.00 $1,200.00
$3,700.00
Mosby and Associates, Inc.
$1,000.00 $ 600.00 $1,600.00
The staff are requesting authorization to issue two purchase orders
to Mosby and Associates, Inc., one for Woodlawn in the amount of
$1,000.00 and one for 98th Avenue in the amount of $600.00 for the
proposed services. Funding for these services shall be from the
respective project accounts.
RECOMMENDATION
The staff of the Department of Utility Services recommend approval
of the proposed purchase orders for services as outlined above.
31
LDED 211993
BOOK 91 PAGE -3.4
DEC 21 1993
-7
BOOK 91 F'�, F.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved the purchase
orders for structural engineering services as set
out in the above staff recommendation.
NEW HORIZONS MOBILE HOME PARR - MHP PUMP STATION/FORCE MAIN
CHANGE ORDER NO. 1
The Board reviewed the following memo dated 11/30/93:
DATE:
NOVEMBER 30, 1993
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:
TERRANCE G. PINTO
DIRECTOR OF UTIL Y ICES
PREPARED
WILLIAM F. M
AND STAFFED
CAPITAL P S ENGINEER
BY:
DEPAR UTILITY SERVICES
SUBJECT:
NEW HORIZONS MOBILE HOME PARR
CHANGE ORDER NO. 1
INDIAN RIVER COUNTY PROJECT NO—US-93-16-CS
BACKGROUND
On August 24, 1993 the Indian River Board of County Commissioners
authorized the Utilities Department to acquire three quotes and
proceed with construction of the aforementioned project. This was
accomplished via a change order to the North Roseland Road Force
Main project in the amount of $80,629.45 (see attached agenda items
and minutes). we are now requesting an increase in the contract
price of $9,000.00 to accommodate unforeseen dewatering on the
project (see attached change order and letter of recommendation from
the engineer).
ANALYSIS
The original quotes for this project were as follows:
1) Tri -Sure Corporation $135,882.00
2) Speegle Construction, Inc. 125,000.00
3) Treasure Coast Contracting 80,629.45
As can be seen from the above cost proposals, the addition of
$9,000.00 for dewatering of the lift station still maintains a
contract cost well below any of the other original quotes for this
project. The cost is also still below the original project cost
estimate of $110,000.00. The staff of the Utilities Department
concur with the engineer's recommendation and recommend proceeding
with the change order. Funding for this work will be from the
impact fee fund.
RECOMMENDATION
The staff of the Department of Utility Services recommend approval
of the attached change order with Treasure Coast Contracting in the
amount of $9,000.00 as presented.
32
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) approved Change Order #1
with Treasure Coast Contracting in the amount of
$9,000, as recommended by staff.
CHANGE ORDER? #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
OSLO ROAD WATER MAIN - CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
The Board reviewed the following memo dated 12/6/93:
DATE: DECEMBER 6, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED ROBERT O. WISEMEN, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: OSLO ROAD WATER MAIN
CHANGE ORDER 1 AND FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -92 -28 -DS
On July 13, 1993, the Indian River Board of County Commissioners
awarded the above -referenced project to Tri -Sure Corporation, in the
amount of $829,446.00. The contractor has submitted his request for
final payment, along with Change Order 1. (See attached agenda
items.)
ANALYSIS
All Indian River County Utility Department requirements have been
satisfied. The original contract price was $829,446.00. The final
contract price, including Change Order 1, is $714,347.00. The
decrease resulted from the deletion of items from construction due
to changes in the field, reducing the amount of pipe and fittings
used specifically at conflict utility crossings (see attached Change
Order 1). The contractor previously had been paid in the amount of
$614,071.80, leaving a balance of $100,275.20 to be paid.
RECOMMENDATION
The staff of the Department of Utility Services recommend approval
of Change Order 1 and final pay request to Tri -Sure Corporation in
the amount of $100,275.20 as payment in full for services rendered.
33
Boa 91 F.a r :343
I
BOOK 91 Fr cF .344
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) approved Change Order 1
and final pay request to Tri -Sure Corporation in the
amount of $100,275.20, as recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
UTILITIES SERVICES AS400 DISK EXPANSION
The Board reviewed the following memo dated 12/13/93:
DATE:
To:
FROM:
PREPARED:
AND STAFFED
BY:
SUBJECT:
DECEMBER 13, 1993
JAMES E. CHANDLER
COUNTY ADMINISTRA
TERRANCE G. PI�O
DIRECTOR OF UTILM
HARRY E. ASH
ASSISTANT D
SERVICES
UTILITY SERVICES
UTILITIES SERVICES AS400 DISK EXPANSION
BACKGROUND:
During the 1993-94 budget preparation, the staff of the
Department evaluated the disk storage expansion needs for the
Department's AS400 Billing System. At the time of the
evaluation, May -June 1993, with the projected growth for the
1993/94 budget year, the Department staff believed the expansion
could be delayed until the 1994-95 budget year.
ANALYSIS:
With the acquisition of GDU and approximately 31000 customers
(1500 water, 1500 sewer), the approval of the additional
assessment projects (Phases 4, 5, 6) and additional growth that
was not anticipated at that time, the requirement to expand the
disk storage capacity on the AS400 is required at the present
time. The expansion requirement is reflected in the attached
recommendation by IBM based on the preventive maintenance
monitoring of our AS400 system (copy attached).
The current system has four (600 MB) disk drives. The
recommended expansion is three additional (600 MB) disk drives.
The disk expansion would be purchased under the State of Florida
Pricing Contract and will cost $20,020.00 plus shipping. Funding
for this purchase would be from cash forward funds.
RECOMMENDATION:
The staff of the Department of Utility Services recommends
approval by the Board of County Commissioners to purchase the
disk expansion requested at a cost of $20,020.00 plus freight.
34
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved the purchase of
the disk expansion at a cost of $20,020 plus
freight, as recommended by staff.
CR -510 AND U.S. #1 WATER TRANSMISSION MAIN - DESIGN, CONSTRUCTION
AND INSPECTION OF WATER/WASTEWATER SYSTEMS - MASTELLER AND MOLER,
INC. - WORK AUTHORI2ATION NO. 1
The Board reviewed the following memo dated 12/9/93:
DATE:
DECEMBER 9, 1993
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:
TERRANCE G. PINTO
DIRECWFUTILTY SERVICES
PREPARED
WILLIAND
STAFFED
CAPITENGINEER
BY:
DEPARLITY SERVICES
SUBJECT:
DESIGN, CONSTRUCTION, AND INSPECTION OF WATER/
WASTEWATER SYSTEMS
WORK AUTHORIZATION NO. 1
INDIAN RIVER COUNTY PROJECT NO. UW -93 -16 -DS
W
BACKGROUND
On September 28, 1993, the Board of County Commissioners approved
Masteller and Moler, Inc., (see attached agenda item and minutes) as
one of the firms authorized to provide engineering services to this
Department on a continuing basis. It also authorized the Department
of Utility Services to negotiate with the selected firm to provide
the related services, and then each project to be presented to the
Board on an individual basis for approval. -
ANALYSIS
The proposed construction is for a water transmission main from 58th
Avenue (King's Highway) and County Road 510 to US 1, then along US 1
north to the south line of the City of Sebastian (at the northerly
limit of the Sebastian Square Shopping Center in the 11600 block of
US 1). The estimated construction cost is $1,420,000.00. Design,
construction, and inspection services shall be provided by Masteller
and Moler, Inc., at a cost of $119,900.00. Actual payment shall be
based on the attached Work Authorization No. 1.
The Utility Master Plan calls for construction of this line in 1994.
That along with the cost of water purchases from GDU and ongoing
operational costs for several plants on US 1 has at this time
prompted this project. The operational costs of Pelican Pointe,
Breezy Village, and New Horizons amount to approximately $50,640.00
per year. The cost savings per year if they were off line and on
the County system would be $40,000.00± per year. The costs incurred
from water purchases and reserved capacity from GDU now owned by the
City of Sebastian (i.e., Reflections and River Run) will be
approximately $66,391.27± per•year. A cost savings of ±$58,454.22
per year will be realized if they are put on the County system.
i
The staff of the Department of Utility Services recommends approval
of the project and of Work Authorization No. 1 as presented to
provide the necessary engineering consulting services.
35
DEC
BOOK 91 F•AGc-345
DEC 21.1993
BOOK 91 FAGF 346
4
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) approved Work
Authorization No. 1 with Masteller and Moler in the
amounts set forth in staff's recommendation.
WORK AUTHORIZATION NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WATER EXPANSION PLAN, PHASE II, CONTRACT D - A.O.B. UNDERGROUND,
INC. - CHANGE ORDER NO. 1 AND FINAL PAY REQUEST.
The Board reviewed the following memos dated 12/16/93 and
12/8/93 and Change Order No. 1:
DATE:
DECEMBER 16, 1993
TO:
BOARD OF COUNTY COMMISSIONERS
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU:
TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
FROM:
H. D. "DUKE" OSTER, P.EIi )
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT:
WATER EXPANSION PLAN, PHASE II, CONTRACT "D"
IRC PROJECT NO. UW -91 -14 -DS
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
The subject agenda item was presented to the Board of County
Commissioners at its December 14 meeting. This is an amendment to
that agenda item.
At the December 14 meeting, the Board of County Commissioners voted
to pay the contractor, A.O.B. Underground, Inc., one-half of the
amount requested, and to defer action on the remainder of the pay
request until December 21.
Since the contractor is being paid $26,306.32, the pay request
should be amended to read, "...leaves a total of $26,306.33 due the
Contractor."
The sgaff of the Department of Utility Services recommends approval
of the first pay request (amended) in the amount of $26,306.33.
36
1
(Instructions on reverse side)
L l
CHANGE ORDER
PROJ ECT . Pb... Plan
No. ONE (1)
DATE OF ISSUANCE ..Nouember..10s.1193... EFFECTIVE DATE .... November. 20,..199.3
OWNER ...... II.14 4144P. PARK. 99Wr Y .........................
OWNER's Contract No. ..L11 -9].-7.4-J .................
CONTRACTOR .A.D.B.-UndergrouncL.Inc. ENGINEER .McQmen.4.A
Indian River Go Approved
Admin.
tinged. • • •.
Deft
Qudget
Original Contract Times
Utilities P
17-
Z'AtIIEe$
'Atm
Ready fu i final payment:
You are directed to make the following changes in the Contract Documents.
Description: Adjustmant to contract quantities as shown on Exhibit A
Reason for Change Order. To adjust contract quantities to as -built quantities
Attachments: (List documents supporting change) Engineer's and Owner's field inspection measurments
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
Substantial Completion:
$ _ 194,112.49
Ready fu i final payment:
days or tato
Net changes from previous Change Orders No. to No. _
Net change from previous Change Orders No. _ to No.
$ O
Jaya
Contract Price prior to this Change Order
Contract Times prior to this Change Order
194,112.49
Substantial Completion:
$
Ready for final payment:
day, or Jwa
Net Increase (decrease) of this Change Order
Net Increase (decrease) of this Change Order
$ 35,428.89
days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
229, 541.38
Substantial Completion:
$
Ready for final payment:
days or dates
rr.c OdEEN IA55otu(rES tNDtIN t.%Mt Cc uNTy
RECOM LADED: APPROVED:-WoARb 0,F CoµnrYy ACCEPTED: P •o- 3 . II"feG.Ra,
uN, 'PC.
/ r �Cof5�'ioNERS
By: By:✓ �Gel� 1�.��
Er4pma (Authorized 3SW�p�u.dtare) Owner IAu J Si1pulum" By. motor IA Siorwitre►
�1RM16ct E, ry.cClJFjEIJ, pQtStDENr 1q)GftbPu 1�1, Ij Ie.L, *IRMArJ D'NEA- SArt6, K
/ZJr/�Date: E51AFN7
Date: . ,�?- /�/- q 3 Date:, 3
EJCDC No. 1910-8-B (1990 Edition) r
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
37
Lk 6. -DEC 2 11993
Boa 91 F,,�,t 47
1 93 BOOK 91 PAGF.34
DEC 2�. 8 9 .
DATE: DECEMBER 8, 1943
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
STAFFED AND
PREPARED BY: H. D. "DUKE" OSIER, P.E�
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER EXPANSION PLAN, PHASE II, CONTRACT "D"
IRC PROJECT NO. UW -91=14 -DS
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
BACKGROUND:
On October 27, 1992, the Indian River County Board of County
Commissioners approved the Water Expansion Plan, Phase II, in the
amount of ;1,893,429.35. On March 9, 1993, the Board of County
Commissioners awarded Contract "D", in the amount of $194,112.49.
Construction has been completed, and the contractor, A.O.B.
Underground of Indiantown, Florida, has made application for final
payment.
The pay request includes a change order increasing the contract
amount by $35,428.89. This was the result of field adjustments
which included changing from double services to single services, and
a substantial increase in the amount of paved restoration. The
increase in paved driveway was due to the bid items being based on a
3' wide cut, but in actuality, the width of the cut was considerably
more than that due to our policy to extend driveway cuts to the edge
of the paved roadway. Other changes included decreases in 8"
ductile iron pipe (D.I.P.), in 6" PVC pipe, in 6" D.I.P., in 4" PVC
pipe, in 6" gate valves, in fittings, in nonpaved road restoration,
and in nonpaved drive restoration, which resulted in decreased cost;
in addition to the increases mentioned previously, there were
increases in sample points, in retainer glands, in 8" PVC pipe, in
paved road restoration, in seed and mulch, and in 2" PVC water main,
which resulted in increased cost. The net result was an increase of
$35,428.89, the largest item being increased driveway restoration at
a cost of $23,987.00.
A deduction of $5,000.00 from the pay request to overlay.35th Avenue
at the recommendation of the Public Works Director has been made.
This brings the total cost of the project to $229,541.38. The
contractor has been paid $171,928.73, leaving a balance of
$57,612.65; the $5,000.00 deduction leaves a total of $52,612.65 due
the contractor.
ANALYSIS: _-•
All Indian River County Department of Utility Services requirements
have been met, except the following:
° 1.) Sod restoration along 42nd Court in Westwind Subdivision;
`—' contractor personnel assured us that the sod was to be put
down on Friday, December 10.
38 'a_
e � r
Regrading swale from north property line of 475 31st
Avenue to south property line of 535 31st Avenue. Remove
spoil pile from swale area.
Remove excess fill, and regrade swale where temporary
driveway was installed and removed at 510 33rd Avenue.
Overlay driveway swale at 430 38th Avenue to provide
runoff.
' Clean up and remove all excess materials and equipment
from the temporary project storage yard. -
The contractor has planned, through coordination with our
consultant, McQueen and Associates, to correct these items by the
weekend, December 11 and 12.
Restoration has been accepted by the Public Works Department, except
for the requirement above and for removal of one piece of equipment
which apparently belongs to the contractor.
Final clearance has been received from the Department of
Environmental Protection.
RECOMMENDATION:
The staff of the Department of Utility Services recommends approval
of Change Order --No. 1 and approval of the final pay request in the
amount of $52,612.65 as payment in full.
Commissioner Eggert understood the Board already approved
payment of one-half of their final pay request, but Utilities
Director Terry Pinto explained that there are some areas that the
contractor needs to restore before receiving payment. Our
inspectors and the contractor went out to the site and found some
areas that still need restoration. There is nothing major, but as
of this date, the contractor has not taken care of them. Director
Pinto explained what he would like to do, to bring this to
resolution. Not all of the people were notified because some of
them were not home, so we want to notify everyone on the street.
We are going to put little mail hangers on their doors so they will
contact us. We will give them several days to respond and then
compile a final list and give the contractor 3 days to get those
things done. If he doesn't, we are going to have our people go in
and do the work and charge those costs back to him. Hopefully, it
will all be resolved within the next couple of weeks.
Director Pinto felt that people should have the responsibility
of watering the sod after it is laid. What happened on this
project is that the residents got angry at the contractor and began
to find other objectionable things.
Commissioner Adams felt it truly points out that we need to
communicate better with the contractors and the people involved,
39
Bou 91 F -AG F.349
DEC 211993
BOOK 91 PAGE 350
and Commissioner Eggert commented that she hoped we had learned
from this.
Commissioner Adams reported that a pile of dirt on 4th Place,
just east of 33rd Avenue, is the only item covered under the
contract that has not been taken care of by the contractor.
Director Pinto pointed out that we could have specified in the
contract that the contractor would water the sod after it was laid,
but that is a cost that would have to be assessed back to the
people.
Commissioner Adams felt we just should hand out notices to the
residents that their sod will be laid that day and asking them to
water for the next month or so until the grass has taken hold. We
also could explain to them that their watering the sod saves on the
cost of the project and, in turn, the cost of their assessment.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Chairman Bird being absent) approved the amendment
to Change Order No. 1 and final pay request, and
authorized Utilities Director to notify everyone on
the street and give them several days to respond,
after which the contractor will have 3 days to get
the work done, and if it isn't, the County will do
the work and charge the costs back to the
contractor.
Commissioner Macht noted that the monthly water and wastewater
sales analysis is very interesting but doesn't include the gallons
per month or day or give the unit rate, and he suggested that the
Board go through that at the next utility workshop.
Director Pinto assured Commissioner Macht that every bit of
information is included in the monthly- sales analysis, but it is
just a matter of how to find it. He suggested that. Commissioner
Macht first go through it with Harry Asher, Assistant Utilities
Director, and if that doesn't do it, then hold a workshop.
Duke Oster of Utilities explained that he was the project
engineer on this job and had stressed effective communication at
every pre -construction meeting. Director Pinto requested that we
have good public relations with the residents, but the trouble on
this project started with the road paving contractor, and many of
the complaints we received were either magnified or unfounded.
Staff did exercise considerable restraint in dealing with these
complaints and resolving them.
40
IRC PUBLIC SAFETY COORDINATING COUNCIL
The Board reviewed the following memo dated 12/9/93:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Charles P. Vitunac, County Attorney
DATE: December 9, 1993
RE: Indian River County Public Safety Coordinating Council
Section 951.26, Florida Statutes, requires that the County establish a
Public Safety Coordinating Council which will replace the obsolete
County Correctional Planning Committee. The Council would deal with
matters concerning jail population and jail construction.
REQUESTED ACTION: Request that the Board adopt the attached resolution
establishing the Public Safety Coordinating Council and abolishing the
County Correctional Planning Committee.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution
93-220, creating a County Public Safety Coordinating
Council.
41
BOOK 91 f'aGE 3D1
C 2 11993
DEC 21 1993
b00K 91 PAGE 352
RESOLUTION NO. 93-_22 n
A• RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS,
CREATING A COUNTY PUBLIC SAFETY COORDINATING
COUNCIL.
WHEREAS, Indian River County is required to establish a County Public
Safety Coordinating Council, pursuant to Chapter 951.26, Florida Statutes;
and
WHEREAS, the law requires that the following persons be appointed to the
committees
(1) The State Attorney or his designated Assistant State Attorney,
(2) The Public Defender or his designated Assistant Public Defender,
(3) The Chief Circuit Judge or another.Circuit Judge as his designee,
(4) The Chief County Judge or another County Judge as.his designee,
(5) The Chief Correctional Officer,
(6) The Sheriff or his designee, if the Sheriff is not designated as the
Chief Correctional Officer,
(7) The State Probation Circuit Administrator or his designee,
(8) The Chairman of the Board of County Commissioners or another County
Commissioner as designee,
(9) The Director of County Probation or Pretrial Intervention Program, and
(10) The Director of the Local Substance Abuse Treatment Program or his
designee.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, thats
The Indian River County Public Safety Coordinating Council is hereby
created for the purposes set out in Section 951.26, Florida Statutes.
The resolution was moved for adoption by Commissioner Macht , and
the motion was seconded by Commissioner Eggert , and, upon being put to a
vote, the vote was as followss
Chairman Richard N. Bird
Absent
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 91 day of necemher , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER OUNTY, FLORIDA
Atteet:
By
�1
Richard N. Bird
JeffL y K. Barton Clerk
Chairman
42
ELECTED OFFICIALS' SURETY BONDS
L61—DEC 211993
The Board reviewed the following memo dated 12/17/93:
DATE DECEMBER 17, 1993
TO BOARD OF COUNTY COMMISSION
FROM ALICE E. WHITE, EXECUTIVE AIDE
RE ELECTED OFFICIALS' SURETY BONDS
I have received a bill for $750 for Karl Zimmermann's surety
bond that is due before January.' Apparently Farm Bureau wrote
his bond for 4 years, but they bill yearly. This would make the
total cost of his bond $3,000 for the 4 year period. I did not
expect any payment for this year and did not include money in my
budget for it.
Upon researching this matter, I talked to Liz Forlani, and she
said we have never paid this much for a bond before, nor have we
ever paid yearly for a bond before. In fact, it appears that we
have paid for some of the elected officials' bonds, and some of
them have been paid for out of their budgets.
Attached is a copy of the statutes relating to elected officials'
bonds. It clearly states that the Mosquito Control District and
the Hospital District pays for their bonds out of their
districts, however, our records show that we have been paying for
the Mosquito Control District bonds. Mr. Vitunac feels that Ch.
137 of the Florida Statutes indicates that each constitutional
officer should pay for his/her own bond.
I checked with the surrounding counties and found that in Martin
County everyone pays the bonds from their own budgets; in St.
Lucie County the bonds are paid -by the Finance/Budget Division
out of an insurance fund that has been set up for that purpose;
in Brevard County the Risk Management Division pays all of the
bonds out of an insurance fund. Without exception, they felt
that the premium on the bond was high.
I checked with three local insurance companies, and they all
quoted $750/year for a tax collector's bond. The Redish-Zeuch
agency said the 4 years can be paid at one time, and then they
give a 15%- discount on the second, third and fourth year,
bringing the total to $2667 for 4 years.
I need some direction from the Board of County Commissioners as
to what procedure you would -like me to follow. If you want me to
go ahead and pay the $750, then I will need $250 put into account
001-101-511-034.54. w �,
If you feel that the Tax Collector should pay the bond out of his
own budget, then he should be so directed.
Also attached is a chart showing what we paid last year for the
individual bonds. As you can see, there is ,quite a difference
between the amounts paid.
If the Board wants to continue paying all of' the bonds, then I
would like to suggest that it be coordinated through Risk
Management;• who can perhaps bid them through a single source and
save the County some money.
43
BOOK 1 11a,L33
I
DEC 211993
BOOK 91 FA -UE .354
Commissioner Eggert explained that a $750 bill was received on
the second year payment on a,4 -year bond for Tax Collector Karl
Zimmermann. In checking it out, it was determined that, normally,
bonds are paid once for 4 years, and then the question came up
about who should be paying for what bonds. The County apparently
has been paying for the Mosquito Control District, and by Florida
Statute, they are supposed to be paying their own. The question
before us today is whether the Board wants to pay the $750 bill
and, if so, wants to put $250 in the proper account number.
Another question is whether we want to continue paying for the
bonds for the Constitutional officers or whether that cost should
be included in their own budgets.
Alice White, Executive Aide, reported that she got a call this
morning from Ron McCall who explained that the person who issued
the bond in the first place didn't understand that it could be paid
in a single 4 -year payment. Apparently, that person thought that
it had to be paid annually. Mr. McCall also advised that they give
a discount for the second, third, and fourth year, and that if the
Board decides to go ahead and pay for it for the next 3 years, it
would be $2025. She explained that only $500 is in the account at
this time.
Tax Collector Karl Zimmermann noted that State Statute says
that the County Commission has at its option the opportunity to
establish a figure which will be the amount that has to be bonded
by the Tax Collector. He just wondered if the Legislature meant
for a potential situation to be created where you could have an
adversarial relationship between a Constitutional officer and the
County Commission who could set an arbitrarily high bond figure
with that amount having to come out of that Constitutional
officer's budget. Mr. Zimmermann noted that in many counties, a
fee officer does not generate enough fees to pay their own
expenses, and they must request that difference -from the County
Commission. It didn't seem logical to him, but it wouldn't be the
first illogical thing that has happened in the Legislature. He
talked to people in other counties and they told him that by and
large, the County Commission pays those fees. He knew Alice White
did a similar survey and found the same to be true.
The Board questioned whether $100,000 was sufficient for the
Tax Collector.
Commissioner Macht asked if it is possible to waive a bond.
If not, he suggested going out to bid on bonds for all the elected
officials in order to get lower premium rates.
County Clerk J. K. Barton advised that back in 1982 the Board
shifted to putting money in the County Commission budget for all
44
F—]
the elected officials' bonds for a 4 -year policy beginning the year
they took office. That way you didn't have to worry about paying
for them every year. This is similar to what is being done in
Orange, Duval and St. Johns counties where they pay for all of the
bonds because the Board approves them. If the other method is
used, most budget officers would put it in their budgets and the
Board would. -pay for it anyway.
Attorney Vitunac advised that the Board cannot waive a bond
because the law requires a bond from the Constitutionals. The
Board has the discretion to vary the amount of the bond depending
on how much money they have at risk. It has to be in good faith,
of course.
Mr. Barton didn't feel that the Board would want to pay the
high premiums for the Clerk or the Tax Collector for the millions
of dollars their departments handle. There is a minimum level.
Attorney Vitunac liked Mrs. White's suggestion to have one
unified bond person do it all at once on one bid. She has shown
that there is a lot of money to be saved.
Attorney Vitunac reaffirmed his opinion that the County
shouldn't get involved in obtaining bonds for any independent
taxing districts, such as the Mosquito Control District.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) approved a budget
adjustment for sufficient money to satisfy the 4 -
year bond requirements for the Tax Collector;
directed staff to proceed toward the bid process to
obtain bonds; and directed staff to notify the
Mosquito Control District Board that they will be
required to pay for their own bonds in the future.
45
j6._ DEC 2 11993
BOOK 91FAGc .
Fr -
DEC 21 1993
BOOK 91 FAGF.356
REQUEST FROM HISTORICAL SOCIETY — FELLSMERE ESTATES BUILDING 6
SURVEY OF HISTORICAL AND ARCHITECTURAL PROPERTIES
The Board reviewed the following letters dated 11/17/93 and
December, 1993:
FROM:KONICA FAX
T0: 407 770 5095
Indian River County
Hisforical Sociefy 9nc.
2336 14h Avenue
Vero Beach, P O Ida 3288 1;
DEC 16, 1993 1:04PM °.21
Vern Rtatinn
,rad �' P. 0. Box SM
Established 1903
407/778-3435
Honorary UtrsotOi8
n, '
G
Or. Eugene Lyon,
r— , —*
s G p 00
Charlotte Lockwood
John J. Sohumenn. Jr.
�t� R, Z.C �;
Novmsber 179 1993
On behalf of the City of Fellsmers, an ap$lication will be sub tted in
early for a Grant -In -Aid for a'Mr--y-ey of historical and arc itecturil
properties ithin the city limits.
These grants administrated from the Department of State, Bureau of
Hietaric Preservation, enablo eommunittea to inventor hictoria and
architectural properties, prepare plate for historical districts, and nominate
multiple properties to the National Register. They also provide a data base
from which preservation elements, historic, and design ordinances can be
written.
As always, there will be stiff competition for these funds, so it is
ver important that Ruppert latt:arn flrnm the entIrp r,.nmmnn�ty armnmpsny an
application.
We would like to solicit a letter of support from you for this survey
project. To assist you, please find attached a fact sheet detailing the
importance of thin project for the city of Tellemere. Please send your letter
tot
Mayor Renee Horrors. or
City of Fellemere
P. 0. Box 39
Fallomera, Florida 32948
Mrs. Ruth Stanbridge
483b 66th Avenue -
Vero Beach, Florida 32967
If further information is needed, please call Mayor Herrera at (407)
571-0116 or me at (407) 567-5363. Thank you.
46
Sineerely,
Ruth Stanbridge
ti
1
FROM:KONICA FAX
Vern Station
EatabtishOd 19W
Honorary uftecrore
pr. Eugene Lyon
Charlotte Lockwood
John J. Schumann, Jr.
TO: 407 770 5095 DEC 16, 1393 1:05pm ?.03
Indian .River County
Historical Society Onc.
2336 14th Avenue
vert; Beach, Florida 32901
P. O. Box 6535
407/778-3435
DECEMBER 1993
On behalf of the City of Fellemere, an application was submitted to the
Bureau ofHist F eser�caC in -fa a matching grant funds to restore and
stabilize theLVellemere, Estates Buildint�Non Broadway Street in downtown
Fellemere.
These grand funds, administrated through the Department of State, Bureau
of Hiatoric Preservation, enable communities to restore architectural -
important properties and adapt them to modern usage. In the case of the City
of Fellemere, the restoration and revitalization of this building may provide
the catalyst for the private property owners in the downtown area to restore
and utilize their older buildings.
These monies are in great demand, so we are asking for support letters
for the FELLSMERE ESTATES BUILDING restoration project. To assist you with
this letter, a fact sheet detailing the importance of this project -to the City
of Fellemere has been attached. Your letter should be addressed tot
Mr. Georgge Percy, State Preservation Officer,
]Florida Department of State, Bureau of Hiotorie Provervation,
500 S. Bronough Street
Tallahassee. Florida 32399
PLEASE SEND your letter, as soon as possible, tot
Mayor lienee Herrera, City of Fellsmere,
P. 0. Box 39 ''
Fellemere, Florida 32946 FAX (407) 571-1901
If further information is needed, please call Mayor Herrera at (407)
571-0116 or me at (407) 5675363. Thank you.
47
Sincerely,
a
Ruth Stanbridge
BOOK
M�M
BOOK 91 PAGE .358
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) authorized the Chairman
to send letters to the State Bureau of Historic
Preservation in support of matching grant funds to
restore and stabilize the Fellsmere Estates Building
and a grant-in-aid for a survey of historical and
architectural properties within the city limits of
Fellsmere.
SOLID WASTE DISPOSAL DISTRICT
The vice Chairman announced that immediately following
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, he Board adjourned at 10:30 a.m.
ATTEST:
J. . Barton, Clerk
48
Jahn W. Tippin,✓V`ice Chairman
v