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HomeMy WebLinkAbout6/28/1994r � MINUTES'T'I'TACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AG'ENDA REGULAR MEETING TUESDAY, JUNE 28, 1994 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS John W. Tippin, Chairman ( Dist. 4) James E. Chandler, County Administrator Kenneth R. Macht, Vice Chairman ( Dist. 3 ) Fran B. Adams ( Dist. 1) Charles P. Vitunac, County Attorney Richard N. Bird (Dist. 5) Carolyn K. Eggert (Dist. 2) Jeffrey K. Barton, Clerk to the Board 9:00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS 14-B-5 Streetman Landfill Contract to Solid Waste Disposal District S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of May 24, 1994 7. CONSENT AGENDA A. Committee Lists ( memorandum dated June 17, 1994 ) B. Childrens Services Advisory Committee / Appointment of Susan Fields (memorandum dated June 22, 1994) C. Semi -Annual Bond Review (memorandum dated June 15, 1994) D. Suca Network Marketing, Inc.'s Request for Final Plat Approval for a Subdivision to be Known as Gracewood Lane ( memorandum dated June 21, 1994 ) JUN 28 1994 7. CONSENT AGENDA (cont'd.) : E. Providing Authority for Sheriff to Establish a Wrecker Service ( memorandum dated June 16, 1994 ) F. Public Hearing Date for Pretreatment Request for Pollutants ( memorandum dated June 17, 1994 ) G. Bid Award - IRC Bid #4082 / Sandridge Golf Course Second 18 Maintenance Barn ( memorandum dated June 21, 1994 ) H. Award of Bid #4087 / 1/2 Batwing Mower (memorandum dated June 20, 1994) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES Occupational License Equity Study Commission - Final Report ( memorandum dated June 16, 1994 ) 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Request by John Olbermann to Address the Board Concerning Proposal for County -Owned Shooting Range ( letter dated June 21, 1994 ) B. PUBLIC HEARINGS AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 305, COURTS, TO INCLUDE A NEW PART IV D.U.I. IMPOUNDMENT AND IMMOBILIZATION TRUST FUND ( memorandum dated June 21, 1994 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS LIP B. r4' COMMUNITY DEVELOPMENT None EMERGENCY SERVICES Federal Facilities and Equipment Grant ( memorandum dated June 17, 1994 ) GENERAL SERVICES 1. IRC Courthouse Project, Change Order #10 (memorandum dated June 21, 1994) 2. County Commission Meetings Agenda ( memorandum dated June 21, 1994 ) =I 11. DEPARTMENTAL MATTERS (cont'd. ): C. GENERAL SERVICES (cont'd. ): 3. Bid Award - IRC Bid #4085 / Oslo Rd. & Old Dixie Force Main E Roadway Improvements ( memorandum dated June 21, 1994 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL Health Insurance Request For Proposals ( memorandum dated June 22, 1994 ) G. PUBLIC WORKS Fourth of July Festival and Parade Sebastian River Area ( memorandum dated June 20, 1994 ) H. UTILITIES 1. Professional Land Survey Services, Water Line Replacement Project, Tropic Colony Subdivision ( memorandum dated June 17, 1994 ) 2. Professional Land Survey Services, Water Line Replacement Project, Whispering Palms Subdivision (memorandum dated June 17, 1994) 3. Force Main from Grove Isle to Vero Shores, Change Order No. 1, IRC Bid #4007 ( memorandum dated June 17, 1994 ) 4. 58th Ave. Water Main Project (memorandum dated June 20, 1994) 12. COUNTY ATTORNEY Surrender of Lease on the Old Health Dept. Building by the Coalition for the Homeless ( memorandum dated June 22, 1994 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN W. TIPPIN Discussion of Water Control District Permit Conditions B. VICE CHAIRMAN KENNETH R. MACHT New Courthouse Corner -Stone Laying Ceremony (letter dated June 21, 1994) PAGE 13. COMMISSIONERS ITEMS (cont'd. ): C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER RICHARD N. BIRD E. COMMISSIONER CAROLYN K. EGGERT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 5/24/94 2. Caterpillar 826 Compactor Replacement Total Cost Agreement (memorandum dated June 7, 1994) 3. Fluorescent Lamp Collection Service (memorandum dated June 7, 1994) 4. Franchise Subcontract ( memorandum dated June 7, 1994 ) 15. ADJOURNMENT PAGE ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, June 28, 1994 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, June 28, 1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and Carolyn K. Eggert. Also present were James E. Chandler, County Administrator; William G. Collins II, Deputy County Attorney; Patricia Ridgely and Patricia Held, Deputy Clerks. The Chairman called the meeting to order and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Deputy County Attorney Collins requested the addition to the Solid Waste Disposal District meeting of Item 14-B-5, Streetman Contract for Purchase of Property near the Landfill. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the addition to the Agenda. A w,.! ! I1 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of May 24, 1994. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of May 24, 1994, as written. JUN 28 1994 BOOK JUN 291994 BOOK 0 2 PAGE• 6�-)' r CONSENT AGENDA Attorney Collins requested that Item D be removed from the Consent Agenda for discussion, and Commissioner Adams requested that Item H be removed also. A. Committee Lists - New Housing Representative The Board reviewed the following memo dated June 17, 1994. TO: Janice Masi, Secretary DATE: June 17, 1994 FILE: Board of County Commissioners SUBJECT: Committee Lists FROM: Larola F. B. Gamble REFERENCES: Executive Director I.R.C. Housing Authority Due to Guy Decker's retirement, his name should be removed from lists/boards that require housing representation. In lieu thereof, the undersigned should be placed on those lists/ boards. I am also requesting mission statements or other information for background and purpose. L ola F. B. Gamble, RAM, PHM ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously placed the name of Larola F. M. Gamble, Executive Director of the Indian River County Housing Authority, to lists and boards that require housing representation, to replace Guy Decker, who retired. E J B. Children's Services Advisory Committee - Appointment of Susan Fields The Board reviewed the following memo dated June 22, 1994. To: Board of County Commissioners From: Kenneth R. Macht, Commission Vice -Chairman Date: June 22, 1994 Re: Children's Services Advisory Committee Frances Wagner has been a member of the Children's Services Advisory Committee representing the Indian River County Council of PTAs. Her term of office as president of that Council has ended and Susan Fields will be taking her place. Please approve Ms. Fields as the ex officio designee on the Children's Services Advisory Committee. KRM : j we Enclosure ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Susan Fields, new president of the Indian River County Council of PTAs, as the ex officio designee to the Children's Services Advisory Committee. C. Semi -Annual Bond Review The Board reviewed the following memo dated June 15, 1994. Tot James E. Chandler, County Administrator TBRUt Jack Price, Personnel Director FRONS Beth Jordan, Risk Manager,/ DATE: 15 3une 1994 '1'��l SUBJECT: semi -Annual Bond Review Please consider this item for the Board of County Commissioners' June 28, 1994 consent agenda. BACKGROUND Chapter 137.05, Florida Statutes, requires the Board of County Commissioners to review the bonds of the County officers twice annually. The Board last reviewed the bonds on January 18, 1994. ANALYSIS We have reviewed copies of the bond for each Commissioner and Constitutional Officer and, upon review, found them to be sufficient in keeping with the statutory requirements. RECOMMENDATION Following review, no further action is required of the Board. 3 BOOK 92 JUN 2 1994 I I i BOOK 0? PAGE 700 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously accepted the semi-annual bond review report from Risk Manager Beth Jordan. D. Request for Final Plat Approval for Gracewood Lane Subdivision Suca Network Marketing, Inc. The Board reviewed the following memo dated June 21, 1994. TO: James Chandler County Administrator DIV ION HEAD CONCURRENCE: Robert M. Re t ng, AICD Community Developm nt Di actor .18 THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blad iXv Staff Planner, Current Development DATE: June 21, 1994 SUBJECT: Suca Network Marketing, Inc. 's Request for Final Plat Approval for a Subdivision to be Known as Gracewood Lane [SD-94-01-01/IRC #93090029-001] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 28, 1994. DESCRIPTION AND CONDITIONS:. Gracewood Lane is a proposed 12 acre single family subdivision containing 14 -lots. The subject site is located between Smugglers Cove and the Wyn Cove Subdivisions, or approximately 2 miles south of the 17th Street bridge on the east side of A -1-A. The property is zoned RS -3, Residential Single Family (up to 3 units per acre) and is to be developed at a density of 0.86 units per acre. On November 18, 1993, the Planning and Zoning Commission granted preliminary plat approval for Gracewood Lane Subdivision. A land development permit has been issued for construction of the required subdivision improvements. The final plat request was submitted with the following documents: 1. A plat in conformance with the originally approved preliminary plat; 2. An Engineer's Certified Cost Estimate to complete construction of the Required Subdivision Improvements; 3. A Contract for Construction of Required Subdivision Improvements; 4. A security agreement, acceptable to the County Attorney's Office, to guarantee the submitted Contract for Construction. 4 J ANALYSIS: The developer has obtained a land development permit for construction of the subdivision, and the majority of the required subdivision improvements, i.e. roadways and utility services, have been completed by the developer. The developer desires to proceed with recording the subdivision plat and proposes to "bond -out" for construction of the remaining required subdivision improvements pursuant to provisions of land development regulations (LDRs) section 913.10. A certified engineers cost estimate for completion costs of the remaining improvements, i.e. a sidewalk segment, streetlighting, remaining landscaping, has been accepted by the Public Works Department. The developer has submitted a Contract for Construction of required subdivision improvements and posted suitable security, approved by the County Attorney's Office, to guarantee the Contract. The contract is to be executed by.the developer prior to the June 28th Board meeting date. With these documents, the developer has complied with the appropriate requirements to obtain final plat approval. RECOMMENDATION: Based upon the analysis performed, staff recommends that the Board of County Commissioners grant final plat approval for Gracewood Lane Subdivision, authorize the Chairman to execute the Contract for Construction, and accept the posted security to guarantee the Contract for Construction. Deputy County Attorney Collins advised the Board that completed documents had not been received, and he recommended that approval be conditioned on receipt of same. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously granted final plat approval for Gracewood Lane Subdivision, authorized the Chairman to execute the Contract for Construction, and accepted the posted security to guarantee the Contract for Construction, conditioned upon the receipt of properly executed contract and security, as recommended by staff. CONTRACTS ARE ON FILE E. Set Public Hearing to Consider an Ordinance Providing Authority for Sheriff to Establish a Wrecker Service The Board reviewed the following memo dated June 16, 1994. TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney DATE: June 16, 1994 SUBJECT: PROVIDING AUTHORITY FOR SHERIFF TO ESTABLISH A WRECKER SERVICE The attached proposed ordinance was requested by the Sheriff. A public hearing date of July 26, 1994 is recommended. JUN 28 1994 5 MOK 92 FADE 701 JUN 2 s 1994 BOOK 92 PAGE i 02; ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously scheduled a public hearing on July 26, 1994, to consider an ordinance providing authority for the Sheriff to establish a wrecker service. F. Pretreatment Request for Pollutants - Set Public Hearing The Board reviewed the following memo dated June 17, 1994. TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 17, 1994 SUBJECT: PUBLIC HEARING DATE FOR PRETREATMENT REQUEST FOR POLLUTANTS The proposed ordinance has been prepared to comply with, among other things, federal laws and regulations governing the pretreatment of pollutants in wastewater systems. REQUEST: A hearing date of July 19, 1994 is recommended. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously scheduled a public hearing on July 19, 1994, to consider an ordinance providing for the pretreatment of pollutants in wastewater systems to comply with applicable State and Federal regulations. (The Public Hearing was later rescheduled for July 26, 1994) G. Award Bid #4082 - Sandridge Golf Club Second 18 Maintenance Barn The Board reviewed the following memo dated June 21, 1994. C DATE: June 21, 1994 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Adm istrator H.T. "Sonny" Dean, General Services Directo jq — FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid 04082/Sandridge Maintenance Barn Improvements Public Works Department BACKGROUND INFORMATION: Bid Opening Date: April 20, 1994 Advertising Dates: April 6, 13, 1994 Specifications Mailed to: Twenty-Four (24) Vendors Replies: Six (6 Vendors VENDOR BID TOTAL CORRECTED TOTAL Bill Bryant & Associates $ 59,625.00 $ 59,400.30 Vero Beach, FL Barth Construction $ 62,401.46 Vero Beach, FL Jim Wright Construction $ 62,987.00 $ 62,863.62 Vero Beach, FL Hunley-Hubbard Construction $ 63,949.64 $ 63,949.34 Vero Beach, FL TOTAL AMOUNT OF BID $ 59,400.30 SOURCE OF FUNDS Sandridge Golf Course Operations ESTIMATED BUDGET $ 60,000.00 RECOMMENDATION Staff recommends that the bid be awarded to Bill Bryant & Associates as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests Board approval of the attached Agreement as to form, when all requirements are met and approved by the County Attorney. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #4082 to Bill Bryant & Associates in the amount of $59,400.30 and authorized the Chairman to execute the Agreement when all requirements are met and approved by the County Attorney, as recommended by staff. CONTRACT WILL BE PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED. JUN 28 1994 1 7 BOOK WPAGE 1��1►3 BOOK 72 PAGE 704 JUN 28 1994 H. Award Bid #4087 - 1/2 Batwing Mower The Board reviewed the following memo dated June 20, 1994. DATE: June 20, 1994 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Admi istrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid 14087/1/2 Batwing Mower Utilities Department BACKGROUND INFORMATION: Bid Opening Date: June 15, 1994 Advertising Dates: May 25, June 1, 1994 Specifications Mailed to: Twenty (20) Vendors Replies: Three (3) Vendors VENDOR BID TOTAL Pippin Tractor $ 5,975.00 Ft Pierce, FL Sunrise Ford Tractor $ 61333.00 Ft Pierce, FL Robinson Equipment $ 7,080.00 Mims, FL TOTAL AMOUNT OF BID $ 51975.00 SOURCE OF FUNDS Sewer Utilities Other Machinery and Equipment ESTIMATED BUDGET $11,000.00 RECOMMENDATION Staff recommends the bid be awarded to Pippin Tractor as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. Commissioner Adams led discussion regarding duplication of efforts and equipment and suggested that Public Works coordinate with Utilities on the purchase of specialized equipment. Administrator Chandler advised that this particular mower was intended f or use in the of f luent reuse areas at Bent Pines. He explained that Utilities personnel maintain areas around water and wastewater treatment plants and effluent reuse areas, and Public Works does rights-of-way, parks, et cetera. 8 Commissioner Eggert suggested that one group do all of this type of maintenance. Commissioner Adams agreed, and the Board directed Administrator Chandler to research the feasibility of one department doing all the mowing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid 14087 for 1/2 Batwing Mower to Pippin Tractor in the amount of $5,975, as recommended by staff. G -I ' � �1;I M 31 _ REPORT The Board reviewed the following memo dated June 16, 1994. TO: Occupational License Equity Study Commission FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 16, 1994 RE: FINAL REPORT Attached is the final report adopted by the Study Commission. It will be presented to the Board of County Commissioner on June 28, 1994. OMB Director Joe Baird made the following presentation. TO: Board of County Commissioners FROM: Occupational License Equity Study Commission DATE: June 15, 1994 SUBJECT: FINAL REPORT OF THE COMMISSION This Commission (hereafter Committee) was established by Resolution 94-14 of the Board of County Commissioners of Indian River County. Purpose and Function. The purpose of the Committee was to examine and review the Occupational License Ordinance, Chapter 207 of the Code of Ordinance of Indian River County, regarding classifications and rate structure, and to recommend revisions to such classifications and rate structure for the occupational license. The Committee was to be guided by the following objectives in formulating its recommendations: 9 JUN 28 1994 BOOK 92 PAGE705 BOOK 92 PAUU lQ (1) The Committee shall review the businesses, professions, and occupations within each classification and recommend any reclassifications or new classifications. (2) The Committee shall recommend a classification for any business activity not currently paying an occupational license tax. (3) The Committee shall review the rates of each classification, and recommend any fee changes -necessary to establish equity between the rates for such classification. After considering objectives (1) through (3) above, the Committee was directed to propose a rate structure that would not generate a decrease in revenues. It was determined that the target revenue goal would be approximately $140, 000. 00. Under the guidelines given to the Committee by the Board of County Commissioners, the County will collect an occupational license tax only for businesses located in the unincorporated area and there will be no distribution to the municipalities of taxes collected . Committee Deliberation The Committee met on six separate occasions with County staff and the Tax Collector and his staff. One of the major problems was to determine the loss of revenue that would result from not issuing county occupational tax license in the incorporated areas of the County. In addition, an attempt was made to determine the actual number of licenses that would be issued under the new procedures; however, this was not possible with the data available. After much debate, the Committee reached a consensus that a single fee for each business would be the most equitable approach. This in effect restricted the Committee, by statute, to a maximum tax of a 200% increase in the current minimum tax of $14.00 ($42.00) . It shall be noted that this revised tax may, by statute, be increased only by 5% every other year. Relying on figures provided by County staff, it was estimated that approximately 4000 licenses would be issued. Initially, the Committee was allocating to collection cost 2% of the money collected; however, the Tax Collector did a study and concluded that 2% was not sufficient to cover cost. The Committee feels that an increase to 10% of the money collected would be appropriate for the tax collection and the Tax Collector has agreed to this percentage for the first year of implementation. In light of this information, a single fee of $40.00 was recommended. A transfer fee of 10% was recommended. Inasmuch as a single fee is being proposed classifications of businesses is no longer necessary. The current ordinance has exemptions for certain activities (e.g., banking and insurance) that are not exemptions under Chapter 205, F.S. The Committee feels that except for minors under 18 the only exemptions should be those set forth in Chapter 205, F.S. Currently, independent sales representatives (Avon, Amway, Tupperware, etc.) are not licensed in the County. The Committee feels that these persons should be required to be licensed. With respect to Flea Markets, the Committee feels that the owner of the flea market should be licensed and each person selling from a stall should be licensed. With respect to special events, unless exempt under Chapter 205, F.S., each vendor should be licensed. 10 The Committee feels that there should be no half year proration of the new single fee. In view of the foregoing it is recommended that a single fee of $40.00 be adopted and consequential changes be made in the existing code to reflect the recommendations of this committee. This report was adopted by the Committee at its meeting of the 15th day of June, 1994 by the following vote: Chairman Pete Clements absent Vice Chairman Nancy Fletcher yes Member George Gross yes Member Tom Lowe yes Member Amy Zwemer absent Director Baird explained that the proposed plan cannot be implemented until the municipalities develop their new fee schedules, since their income will be affected. Commissioner Bird felt that the fees should be prorated because a $40 fee to everyone was unfair and inequitable since the smallest merchant would pay the same as the largest. He agreed. that the Board should wait for the municipalities to adopt their fee schedules. Commissioner Macht felt that the occupational license fees should not be based on size. He pointed out that businesses pay Federal and State taxes based on the size of their property, business, volume, et cetera. Discussion ensued regarding the fairness of the proposed plan and that the fees are actually a tax and provide a way of tracking businesses in the county. Licensing is not intended to discourage any specific business nor give the County's stamp of approval. George Gross, a member of the study commission, advised that they addressed many issues, considered all factors, and he felt the recommendation was fair. ON MOTION by Commissioner Bird, SECONDED by Commissioner Macht, the Board unanimously accepted the report of the Occupational License Equity Study Commission and deferred action until after the municipalities develop their rate schedules for occupational license fees. Attorney Collins advised that the next step would be to schedule a public hearing to consider the ordinance, but we have until October 1, 1995 to revise the rate structure. Commissioner Tippin extended the Board's thanks for the Committee's time and dedication. JUN 28 1994 11 BOOK 92 PiU 10 � BOOK 92 PAGE 08 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously agreed that the Committee should be kept intact until the public hearing and a decision of the Board. PUBLIC DISCUSSION ITEM - JOHN OLBERMANN'S PROPOSAL FOR r"OUN Il .lel 1 y�IT1y M 1��!'i�7:�1 The Board reviewed the following letter dated June 21, 1994. Mr. Jim Chandler County Administrator Vero Beach, FL Dear Jim, I would like to address the County Commissioners at the meeting on Tuesday, June 289 1994 concerning my proposal for a County owned and operated shooting range. I would also present results of a recent survey. As president of the NRA Member's Council of Indian River County, I will be representing the Council and the one thousand two hundred National Rifle Association members in the County. Sincerely, 94 OAO"V-e�� ohn 01bermann John Olbermann apologized for late delivery of the 33 pages of back up material distributed to the Commissioners. He presented his proposal in detail, including survey results from 42 Indian River, 11 St. Lucie, 4 Martin, and 1 Palm Beach County respondents. Discussion ensued regarding the groups which were surveyed and how the shooting range would be supervised and safely operated under Mr. Olbermann's proposal. The Commissioners expressed concern not only about funding the property acquisition, but also construction and operation of the range. Mr. Olbermann responded that he had volunteers to supply materials and labor after the property was acquired. Commissioner Bird felt it would be feasible to construct and operate a small, inexpensive range for the average person to use, and that is the direction currently being followed by the Land Acquisition Advisory Committee. However, he felt that Indian River County could not support a world class shooting range. 12 J J Discussion ensued regarding the City of Vero Beach's shooting range. Mr. Olbermann advised that it was open only two days a week, had restricted hours, and the cost was beyond what members could pay. Commissioner Bird concluded that the search should continue for a suitable site, see how much enthusiasm there is, and look to Mr. Olbermann and his group to see what kind of contributions would be forthcoming. PUBLIC HEARING - PROPOSED ORDINANCE AMENDING CHAPTER 3050 COURTS,TO INCLUDE A NEW PART IV, D.U.I. M1P0UNDNWM AND EMMOBILIZATION TRUST FUND The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of '-� in the Court, was pub- lished in said newspaper In the Issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adverpsenleril,for publication in the said newspaper. �•' ,.�'�ul�joiin� nd subs ribbed beforg,,me thi �"� day of A.D. 19 MY vomr". Exrile, * is', June YJ, 1?'j7 No. CC3t)tk i2 �� — tP. BARBARA C SPRAGUE, NOTARY PORLi(IBusiness Manager) Stale of Florida. My CommSssm Lxp .lucre 29. 1907 � z N ary:BAIT&FECC §F'HAQtIF , 11iO3 t 6lat 0w tlL_ *--c NOT1C8 Tbe Board Of COW raw 01 a Ooudy. Wiled Is, em. m TuesdaY, =JJWtgy4 to Cie IMovAnO ProP�°G A!Thr, FFLORar ANCE�t O �, QTS, TO A NEW PART N AND oaA- TN TRUSTS which lnyo, who 19 wlah to r1,, 26ol mgaayy� be '� P verba 1994 wo ,wd to enswe Cult a tesw" dr3 ate" ge use 8ovem is baree° �d evidence uW 1102579 A'ay 27, ti104 The Board reviewed the following memo dated June 21, 1994. JUN 28 1994 13 BOOK , 92 PAGE7W ' .ROOK � t?UE `��1�� JUN 2 � 1994 P TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 21, 1994 RE: PUBLIC HEARING - June 28, 1994 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 3051 COURTS, TO INCLUDE A NEW PART IV D. U. I. IMPOUNDMENT AND IMMOBILIZATION TRUST FUND. This item came before the Board on May 24, 1994 and was approved for public hearing. The attached ordinance amends Sections 305 of the Indian River County Code as described above. REQUEST: Staff recommends approval of the attached proposed ordinance. Deputy County Attorney Collins explained the Florida Statute which provides for impoundment and immobilization of a vehicle involved in a DUI. He described how the proposed ordinance would authorize creation of a trust fund for the orderly collection and disbursement of monies collected, and that the funds are to be utilized by the Sheriff for law enforcement purposes. Sheriff Wheeler advised that the impoundment and immobilization program is underway. He explained that M.A.D.D. (Mothers Against Drunk Drivers) had purchased 14 "Clubs" that were being used by Sheriff Department volunteers to immobilize the vehicle at the owner's house. The Club is later removed at the appropriate time. Sheriff Wheeler advised that funds in the amount of $1,020 have been collected already, are being held in a 2 -signature account, and the proposed ordinance was necessary to set up the trust fund. Funds will be used to purchase equipment, such as video cameras for deputies' cars to help DUI enforcement. Commissioner Bird inquired what would happen if an individual was convicted and their spouse required the automobile and Sheriff Wheeler explained that the Judge takes all things into consideration before making his decision. Attorney Collins briefly explained the appeal process, and Sheriff Wheeler advised that they had no problems since the program began. 14 J The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Ordinance No. 94-18 amending Chapter 305, Courts, to include a new Part IV, D.U.I. Impoundment and Immobilization Trust Fund. ORDINANCE 94- 18 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 3051 COURTS, TO INCLUDE A NEW PART IV D.U.I. IMPOUNDMENT AND IMMOBILIZATION TRUST FUND. WHEREAS, Section 316.193(6) (d) allows for the imposition of an additional penalty for persons convicted of D.U.I.; and WHEREAS, said penalty is impoundment or immobilization of the convicted persons vehicle; and WHEREAS, said section allows for the imposition of all costs and fees for impoundment and immobilization; and WHEREAS, the Sheriff has started a program of immobilization; and WHEREAS, the herein established trust fund will provide an orderly method for the collection and disbursement of costs and fees in connection with the program, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. A new Part IV to Chapter 305 is added to read as follows: Part IV. D.U.I. Impoundment and Immobilization Trust Fund r Section 305.30. Authority. This part is enacted pursuant to Florida Statutes Chapter 125 and Section 316.193(6)(d). Section 305.31. Creation and Accounting. Pursuant to Chapter 316.193 (6) (d) , F . S . , whenever an impoundment or immobilization is ordered as part of a D.U.I. penalty, the costs and fees collected by the Sheriff shall be placed by the Sheriff in a special trust fund account called the "D . U . I . Impoundment and Immobilization Trust Fund". Said trust fund to be managed and administered by the Sheriff in accordance with this part. 15 JUN 28 1994 �+ BOOK 9 "ill PAGE ll L- I 1 1. Section 305.32. Expenditures. ,h BOOK 92 RU't 712 All costs associated with program may be reimbursed to the Sheriff or other local law enforcement agencies. The Sheriff on a quarterly basis shall submit to the Board of County Commissioners a full report of funds collected and expended. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2Ft day of -1„ e , 1994. This ordinance was advertised in the Vero Beach Press -Journal on the 2_Z_ day of May 1994, for a public hearing to be held on the 2$— day of .1tin e 1994, at which time it was moved for adoption by Commissioner FqUP r t , seconded by Commissioner Adams , and adopted by the following vote: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Fran B. Adams Aye Inset Rive' Ca Aforoved Date Admin. Legal Budget Dept Risk Mgr. BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By o �n W W. Tipp , airman Attest By o� Acknowledgement by the Department State of the S ate of Florida, this 5th day of July , 1994. Effective date: Acknowledgement from the Department of State received on this 9th day of July , 1994, at 10:00 a.m/15XIM. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. 16 y 1 51 t7n The Board reviewed the following memo dated June 17, 1994. TO: Board of Co my ommissioners THROUGH: Doug Wrightl Director Department of Emergency Services FROM: John King, Emergency Management Coordinator Division of Emergency Management DATE: June -171 1994 SUBJECT: FEDERAL FACILITIES AND EQUIPMENT GRANT It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Department of Emergency Services, .Division of Emergency Management, has received notice that we have been selected to receive ,$500 in grant funds from the federal Facilities and Equipment Program. The funds are to reimburse costs associated with the establishment and enhancement of Radio Amateur Civil Emergency Services (RACES) equipment in support of Emergency Management functions. ALTERNATIVES AND ANALYSIS: The Division of Emergency Management received approval in the FY -93/94 budget to purchase emergency radios to coordinate County efforts with Special Needs Shelters and public shelters operated by private non-profit emergency providers. Since this communications project is supported, in part, by local RACES volunteers, it qualifies for reimbursement under the proposed grant. ION: Staff recommends the Board of County Commissioners approve the grant funds for reimbursement of County expenditures in the amount of $500 and authorize the Chairman to execute the attached agreements. Staff also recommends approval of the necessary budget amendment to create a separate fund account for audit purposes as relates to these monies. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the use of grant funds for reimbursement of County expenditures on (RACES) equipment in the amount of $500 and authorized the execution of Ae Agreement with the Florida Department of Community Affairs. PARTIALLY EXECUTED COPY OF GRANT AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUN 28 1994 17 BOOK 92 PAGt 713' L JUN 28 1994 Boos Lv pn.. 71 IRC COURTHOUSE PROTECT, CHANGE ORDER #10 The Board reviewed the following memo dated June 21, 1994. -®------------- ------ ----------- ----------------------------------- DATB: JUNE 21, 1994 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO al DEPARTMENT OF GENERAL SERVICE SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT CHANGE ORDER NUMBER 10 ----------------------------------------------------------------- BACKGROUND: This proposed change order to the contract between James A. Cummings, Inc., and Indian River County is necessitated due to the following construction changes on the subject project: Item #1 Change door hardware on Law Library $ 3,856.00 to allow Monitoring of entry after hours. (OWNER) Item #2 Deletion of accessories for Public (8,448.00) Elevator Cabs that were included in cash allowance. (ARCHITECT) Item #3 Increase size of louver in Mechanical 21364.00 Room. (IAQ CONSULTANT) Item #4 Increase size of Telephone/Electrical 2,256.00 Room. (OWNER) Item #5 Add air supply grill located in Lobby, 1,998.00 (ARCHITECT) Item #6 Raising Type 15' window sills 8", 1,483.00 (ARCHITECT) Item #7 Lowered ceiling and installed GWB headers 122.00 in Vestibule 3195 (ARCHITECT) Item #8 Added GWB enclosure around exposed rain- 726.00 leader in Rooms 2214 & 3195. (ARCHITECT) Item #9 Modified Judge's Benches to accommodate 12,649.00 CCTV Units. (ARCHITECT/OWNER) Item #10 Add electrical circuits for undercounter 5,273.00 refrigerators were left out of plans. Added Fire Alarms required by Fire Marshall (ARCHITECT) Item #11 Relocate wall hydrant due to moving wall 371.00 louver. (IAQ CONSULTANT) 18 Item #12 Two hollow metal doors scheduled 1,092.00 incorrectly on drawings. (ARCHITECT) Item #13 Added and deleted some fire dampers. 3,966.00 (ARCHITECT) Item #14 Add goose neck vent on roof for elevator 915.00 shift Number 2. (ARCHITECT) Item #15 Lay -in -tile ceiling incorrectly specified. 1,363.00 Ceiling deleted, light fixtures changed. Item #24 (ARCHITECT) 2,458.00 Item #16 Deleted Rynar finish on flagpoles. ( 630.00) (ARCHITECT/OWNER) Item #17 Relocate electrical feeder to relocated 3,272.00 transformer. (ARCHITECT) Item #18 Add GWB partition between Elevators on 330.00 Penthouse. (ARCHITECT) Item #19 Change wood door to metal as required by 174.00 Fire Code. (ARCHITECT) Item #20 Raise window sill height for Type 16 69.00 windows. (ARCHITECT) Item #21 Change building expansion joint cover -D- in carpeted areas. (ARCHITECT) Item #22 Lighting in Judges Parking lot omitted 6,365.00 from plans. Item #23 Add millwork counter and stud wall that - 799.00 was left off plans. (ARCHITECT) Item #24 Deleted tiebeam at 3 radiuses sections 2,458.00 on third floor and thicken slab. (ARCHITECT) Item #25 Change two door frames from Type 2 to 770.00 Type 5. (ARCHITECT) Item #26 Change light fixture in Judges vestibule -0- (ARCHITECT) Item #27 Add enclosure at head of Interstitial 519.00 Windows. Not shown on plans. (ARCHITECT) TOTAL $44,120.00 Gary Glenewinkel, representing Centex Rooney, explained that of the $421,000 changes to the project to date, approximately $230,000 were owner -generated, and roughly $77,000 were due to coordination between the various engineering disciplines and changes to the documents, and about $115,000 resulted from code revisions and unknown site conditions. Discussion ensued regarding Items 2, 9, 22, window changes, and the anticipated completion date. JUN 28 1994 19 500. _I � Joe sorci, architect, assured them that all change orders and responsibility for same could be discussed in great detail, but his firm's commitment stands, and the construction manager is keeping tally of all change orders. They are committed to timely completion of the courthouse, and at the end, all parties will meet and work out details as to who owes what and for what reason. Mr. Glenewinkel advised that the building is supposed to be finished the end of August and progress is being closely monitored. He advised he and General Services Director Dean will review the schedule versus actual progress, and make a judgment on whether the contractor is going to make that date. Commissioner Macht observed it was a 30 -day change from the last report and the completion date keeps slipping. The building was to have been completed last January, and now they're talking about a shaky August date. Administrator Chandler expressed concern about an end -of - August completion date. He stated that he had reviewed each of the changes and, in spite of shared frustration, there was no question they were necessary. He went on to say the project manager reviewed changes and made his recommendation. The changes are well-documented and after completion of the project, they will be reviewed and sorted out, and Administrator Chandler was confident of complete recovery. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the change orders listed in the memo, as recommended by staff. AMENDMENTS 3 AND 4 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 20 CABLE TV The Board reviewed the following memo dated June 21, 1994. DATE: JUNE 21, 1994 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT OF GENERAL SERVICES SUBJECT: COUNTY COMMISSION MEETINGS AGENDA Currently, the agenda for weekly meetings is being advertised in the Press Journal at a average price of $165.00 and in the SVn newspaper ata price of $140.00. We are also advertising these agendas on both cable networks at a total price of $25.00 per week. This equates to a total weekly cost -of $338.00 for both media's. Staff is requesting direction from the Board as to whether there is a need to continue advertising with both the newspapers and cable TV companies. Administrator Chandler advised that he had recently authorized the agenda to be shown on cable TV. TCI charged $25/week and Falcon was at no charge. Deputy County Attorney Collins said he thought publication of the agenda was not technically required, but there could be problems if important action were taken without adequate notice. Administrator Chandler said there was no legal requirement to publish the agenda. He also informed the Board that he has requested that the Agenda be published on the County page each time, and the representative of the Press Journal assured him that they attempt to do so when possible. Bill Hoolage, 11 Vista Gardens Trail, felt that viewers have an advantage now that Cable Channel 13 runs a notice on when a meeting will be broadcast. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved continuation of the publication of the agenda as done currently and set out in the memo. SUN 28 1994 21 -I i BOOK 92 FAt; 718 rr . !A r 1011 r tD20 ,i ;. ROADWAY EMPROVEVIEW The Board reviewed the following memo dated June 21, 1994: DATE: June 21, 1994 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director General Services p FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #4085/Force Main and Road Improvements Oslo Road & Old Dixie Highway Public Works Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: VENDOR Dickerson Florida, Inc Stuart, FL Ranger Construction Ft Pierce, FL June 15, 1994 May 13, 20, 1994 Fifty (50) Vendors Three (3) Vendors BID TOTAL $1,049,006.01 $1,170,691.65 CORRECTED TOTAL Martin Paving Company $1,185,295.00 $1,185,299.43 Daytona Beach, FL TOTAL AMOUNT OF BID $1,049,006.01 SOURCE OF FUNDS Funding for the road constrution in the amount of $652,508.77 is from Account 1101-156-541-067.25. Funding for the force main in the amount of $396,497.24 is from Account 1472-000-169-112.00. .ESTIMATED BUDGET .$1,049,006.01 RiCOMMENDATION Staff recommends that the bid be awarded to Dickerson Florida, Inc as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests Board approval of the attached Agreement as to form, when all requirements are met and approved by the County Attorney. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously awarded Bid #4085 for Force Main and Roadway Improvements at Oslo Road and Old Dixie Highway to Dickerson Florida, Inc., in the amount of $1,049,006, and authorized the Chairman to execute the agreement as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 22 HEALTH INSURANCE - REPORT ON REQUEST FOR PROPOSALS The Board reviewed the following memo dated June 22, 1994. TO: Members of the Board of County Commissioners DATE: June 22, 1994 SUBJECT: HEALTH PLAN RFP SELECTION FROM: Jack Price Joseph A. Bair Personnel irector OMB Director DESCRIPTION AND CONDITIONS Requests for Proposals were issued in April, 1994 for the employee Health and Life Insurance benefits. Seventeen proposals have been reviewed by the County's consultant, Siver Insurance Management Consultants, and the Health Plan Committee. ,. As shown on the attached proposal exhibit, there is an opportunity to improve the cost effectiveness of the program with plan design changes, competitive bidding in the marketplace, and provider negotiations. The lowest bidder for 1994/95 health insurance was Acordia Benefits of Florida with a maximum cost to the County of $4,401,778 which we estimate to be $750,000 less than the current year costs. This savings in health insurance will help the County, substantially, in reaching its goal of no tax increase. Final agreements with providers are not complete but the Committee and Siver Consultants are convinced that the County's interests are best represented by confirming service through the current provider, Acordia Benefits of Florida. A formal presentation and final award is planned for the -Board of County Commissioners meeting July 19, 1994 with the Siver representative in attendance. RECOMMENDATION The Board of County Commissioners tentatively award the bid to Acordia Benefits of Florida, and authorize staff and Siver Consultants to proceed in working out all contract details as well as prepare an employee communication plan in order to implement the plan savings effective October 1, 1994. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously tentatively awarded the bid to Acordia Benefits of Florida and authorized staff and Siver Insurance Management Consultants to proceed to work out all contract details as well as prepare an employee communication plan in order to implement the plan savings effective October 1, 1994, as recommended by staff. 23 b00K 0 2 PAGE: 7.1 JUN 28 1994 500K U? PAGE FOURTH OF MY FESTIVAL AND PARADE - SEBASTIAN RIVER The Board reviewed the following memo dated June 20, 1994. TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROK: J. William Strange, P.E. County Traffic Engineer SUBJECT: Fourth of July Festival and Parade Sebastian River Area RE: Letter from Mr. Malek to Jeanne Bresett Dated June 16, 1994 DATE: June 20, 1994 The Fourth of July Festival and Parade Committee for Sebastian are planning a parade consisting of approximately 75 entries (vehicles and pedestrians) and festivities on July 41 1994. The parade is proposed to take place on Indian River Drive from the south end at U.S. 1 north to Davis Street. The committee is requesting permission to close to traffic on July 41 1994, during the period of 6:30 AM to 10:00 AM the following: 1. Indian River Drive from the south end at U.S. 1, north to Roseland Road. 2. 'V CR 512 from just east of Sparkys of Sebastian's driveway to Indian River Drive. The Committee is also requesting permission to close CR 512 from just east of Sparkys of Sebastian's driveway to Indian River Drive during the period of 10:00 AM to 11:30 PM, July 4, 1994. Emergency access will be maintained at all times. Indian River County Traffic Engineering will supply barricades to the site. Advanced publicity in local newspapers will be employed by the festival committee to inform citizens of the event. The request for approval of the Indian River County Board of County Commissioners to hold the Fourth of July Parade and Festivities along Indian River Drive as described above is the proposal before the Board at this time. The Board may grant or deny this request. There will be very little consequence to public traffic as a result of these closings. This closure will ensure the safety of the parade participants and will lessen any potential vehicular conflict with the participants. 24 Staff recommends the Board of County Commissioners approve the requests with the following conditions: 1. The Fourth of July Committee maintain access to emergency vehicles at all times. 2. All points of closure are manned as agreed for the duration of the event. Liaison activities will be maintained between the committee, Indian River County Sheriff's Department, City of Sebastian Police Department, Indian River County Emergency Management, City of Sebastian, and Indian River County Traffic Engineering. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously granted the request to hold the 4th of July Parade and Festivities along Indian River Drive subject to the conditions set out in staff's recommendation. PROFESSIONAL LAND SURVEY SERVICES, WATER LINE REPLACEMENT PROTECT, TROPIC COLONY SUBDIVISION The Board reviewed the following memo dated June 17, 1994. DATE: JUNE 17, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G.W.PIi DIRECTOR OF UTI7T;T;Y'11EERVVICES PREPARED TERRY H. DRUM J% v AND STAFFED ENVIRONMENTAL SPECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PROFESSIONAL LAND SURVEY SERVICES WATER LINE REPLACEMENT PROJECT TROPIC COLONY SUBDIVISION BACKGROUND The Department of Utility Services has prepared the above subject project for the purpose of replacing existing galvanized water lines with polyvinyl chloride (PVC) as approved in the 1993-1994 budget. These lines are a continuing maintenance and low pressure problem. Survey information is needed for the start of the construction plans for in-house design of this project. JUN 28 1994 25 800K,9 pAu.. i�.L JUN 28 1994 BOOK 92 MET& ANALYSIS The bid proposal process to obtain survey data for the project generated two bid responses (attached). Masteller, Moler and Reed, Inc., was the lowest bidder for surveying services for the water line replacement project. The low bid for this professional land surveying service project, along with its respective site location, is as follows: Tropic Colony Subdivision $5,090.00 (Masteller, Moler and Reed, Inc.) This project is a part of a continuing effort by this Department to replace galvanized water lines in Indian River County. Funding for this project will be from the Department's renewal and replacement funds. The Department of Utility Services recommends that the Board of County Commissioners approve and execute the professional -land surveying proposal submitted by Masteller, Moler and Reed, Inc., for the surveying work within the Tropic Colony Subdivision. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved the authorization to proceed with Masteller, Moler and Reed, Inc., for the surveying work within the Tropic Colony Subdivision, as recommended by staff. AUTHORIZATION TO PROCEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PROFESSIONAL LAND SURVEY SERVICES, WATER LINE REPLACEMENT PROTECT, WHISPERING PALMS SUBDIVISION The Board reviewed the following memo dated June 17, 1994. .s DATE: JUNE 17, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTILITY SERVICES PREPARED TERRY H. DRUM fav AND STAFFED ENVIRONMENTAL PECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PROFESSIONAL LAND SURVEY SERVICES WATER LINE REPLACEMENT PROJECT WHISPERING PALMS SUBDIVISION BACKGROUND The Department of Utility Services has prepared the above subject project for the purpose of replacing existing galvanized water lines with polyvinyl chloride (PVC) as approved in the 1993-1994 budget. These lines are a continuing maintenance and low pressure problem. Survey information is needed for the start of the construction plans for in-house design of this project. 26 J ANALYSIS The bid proposal process to obtain survey data for the project generated two bid responses (attached). Masteller, Moler and Reed, Inc., was the lowest bidder for surveying services for the water line replacement project. The low bid for this professional land surveying service project, along with its respective site location, is as follows: Whispering Palms Subdivision $3,080.00 (Masteller, Moler and Reed, Inc.) This project is a part of a continuing effort by this Department to replace galvanized water lines in Indian River County. Funding for this project will be from the Department's renewal and replacement funds. RECOIL ENDATION The Department of Utility Services recommends that the Board of County Commissioners approve and execute the professional land surveying proposal submitted by Masteller, Moler and Reed,.,.Inc., for the surveying work within the Whispering Palms Subdivision. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the authorization to proceed with Masteller, Moler and Reed, Inc., for the surveying work within the Whispering Palms Subdivision. AUTHORIZATION TO PROCEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JUN 28 1994 27 -1 ,. . BOOK 92 PALE 724 FORCE MAIN FROM GROVE ISLE TO VERO SHORES, AGE ORDER NO. 1, BID #4007 The Board reviewed the following memo dated June 17, 1994. DATE: JUNE 17, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UTILITY SERVICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER ?JP1 BY:- DEPARTMENT OF UTILITY SERVICES SUBJECT: FORCE MAIN FROM GROVE ISLE TO VERO SHORES WORK AUTHORIZATION NO. 21, CHANGE ORDER 1 INDIAN RIVER COUNTY BID NO. 4007 BACKGROUND On March 15, 1994, the Board of County Commissioners approved the Labor Contract (Work Authorization No. 21 for Driveways, Inc.) to construct the above-mentioned force main. The original approved contract was in the amount of $42,076.99. ANALYSIS The project is approximately 40% complete. The field evidence shows a difference from the initial survey data. Based on actual conditions in the field, the construction has to be altered from the original design. Some of the pipe must be replaced by ductile iron pipe with mechanical .joints, or in some situations, the proposed force main must be buried 18 inches deeper than the normal depth to meet FDEP regulations. Due to fiber optic telephone wire all within the right-of-ways, the contractor must hand dig the trench. This was reflected as a hardship item. Also, because of bad soil conditions in some areas combined with high ground water after rain, the dewatering and restoration of sodding costs are more extensive than originally estimated. During construction, the disconnection and reconnection of the traffic sequence control wire was unavoidable. The cost of this repair is $1,200.00, payable to the traffic engineering department. The cost for additional ductile iron pipe is estimated at $16,150.00. This change order will increase the original contract amount by $34,031.20 to a new contract amount of $76,108.19. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the following: 1. Change Order No. 1 in the amount of $34,031.20. 2. A new contract amount adjusted to $76,108.19. 3. Reimbursement to the traffic engineering department in the amount of $1,200.00 for repair of traffic sequence wire. 4. Purchase of additional DIP in the amount of $16,150.00. 28 ��l Commissioner Macht remarked that this was a large change order. Utility Services Director Terry Pinto explained that field conditions dictated the change. General Development system "as - built" plans regarding the location of fiber optic lines was inaccurate. He emphasized the critical need for accuracy in "as - built" plans for facilities now under construction. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order No. 1, in the amount of $34,031.20; reimbursement to the traffic engineering department in the amount of $1,200 for repair of traffic sequence wire; and purchase of additional ductile iron pipe in the amount of $16,150, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 58TH AVENUE WATER MAIN PROTECT The Board reviewed the following memo dated June 20, 1994. DATE: JUNE 20, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UTILITY SERVICES PREPARED ROBERT 0. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: 58TH AVENUE WATER MAIN PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -94 -05 -DS BACKGROUND In 1993, the Department of Utility Services successfully constructed a transmission water main along Oslo Road to I-95. Along with many other inquiries for utility service in the 58th Avenue and Oslo Road area, The Maitland Farms Preschool has requested water services from the County to replace its water well. This preschool is located approximately 1000 feet from 58th Avenue at 5th Street, S.W. JUN 28 1994 29 BOOK 2 soon 2 Put. 726 ANALYSIS To bring the water to the specified school, the County can interconnect the existing water main at 1st Street S.W. to the intersection of Oslo Road and 58th Avenue as Phase I. Then. to boost the pressure in the system, the water main must be continued on 58th Avenue to 8th Street as outlined by the master plan. (See attached copy of master plan and figures.) This. interconnection is Phase II of this project. The estimated project cost which includes construction cost,survey, engineering design, permitting, bidding, and construction administration is outlined as follows:. Phase I $409,300.00 Phase II 281,800.00 Total estimated project cost $691,100.00 Attached is the lowest proposal to survey the project, submitted by Carter Associates, Inc., in the amount of $4,300.00. This project shall be funded through the Utility Water Impact Fee Fund. RECOMMENDATION The staff of the Department of Utility Services recommends the approval of the subject project with a total estimated cost of $691,100.00. Also, the staff recommends the approval of the survey proposal from Carter Associates, Inc., in the amount of $4,300.00. Utility Services Director Terry Pinto, in response to questions, explained that this water main was primarily to carry water service north of 12th Street to the north county line, providing two major transmission lines to the north portion of the county. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the 58th Avenue water main project with a total estimated cost of $691,100, and the survey proposal from Carter Associates, Inc., in the amount of $4,300, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 30 i L _7 L�l 1 YY 1 ► 1 YCI : 1_31 . _1:: DIZ[O Dh 1_ __ ;-PON Y01 / 1 CI D&I h V ' 9 1) D) V41.,4 m I wy a a11 I The Board reviewed the following memo dated June 22, 1994. TO: Board of County Commissioners FROM:V</William G. Collins II, Deputy County Attorney DATE: June 22, 1994 RE: Surrender of Lease on the Old Health Department Building by the Coalition for the Homeless In the Spring of 1992 the Board of County Commissioners enter6d into a three-year lease with the Coalition for the Homeless of Indian River County, Inc. The lease covered the old health department building on St. Lucie Avenue and ran from April 1, 1992, to March 31, 1995, at a rental price of $2.00 per square foot per year for a total rental of $36,906. The Coalition is surrendering the lease for the remainder of the lease term (nine months) as to the space they occupy.. The subtenants, the Mental Health Association and the YMCA, will continue to occupy space in the building until the expiration of the lease term. Under the terms of the lease such a surrender is not valid unless accepted by the County in writing. With the surrender of the premises by the Coalition there will be a shortfall in the monthly rental anticipated of $164 per month, which over the nine-month period comes to a total shortfall of $1,476. An additional expense which would accrue to the County is the Coalition's share of the utility bill, which is variable but may amount to approximately $4,500 for the remaining nine months of the lease. Alternatives: 1. Accept the Coalition's surrender of the premises and either (a) attempt to find another non-profit organization willing to occupy the vacated space for the remaining nine months of the lease; (b) utilize the vacated space for County office purposes; (c) use the vacated space for County storage; or (d) let the space remain vacant. 2. Refuse the surrender and at such time as there was a default in the payment of -rent allow the subtenants to cure the default (which they have indicated no willingness or ability to do) or terminate the lease upon default, resume possession, and re -lease or rent the property for the remainder of the term for the account of the Coalition, and recover from the Coalition at the end of the term the difference between the rent specified in the lease and the rent received on the re-leasing or renting through civil action. General Services Director, Sonny Dean, has indicated that the County may wish to surplus the building at the end of the lease term next spring rather than extend the lease. 31 JUN 28 1994 800K 92 Pu - 72.7J JUN 28 1994 8m W PACE 7'?S Conclusion: Direction from the Board on the issue of declaring the property surplus at the end of the term as opposed to extending the lease would be helpful to the subtenants in their near-term planning for office space. The staff requests a decision from the Board as to whether the lease surrender should be accepted, or, whether the staff should await a default in the rent, attempt to re -rent it for the remainder of the term, and sue for any deficiency at the end of the lease term. Administrator Chandler recommended we attempt to work out an agreement with the subtenants for electrical expenses on the duration of the contract and release the Homeless Coalition. He further advised that staff would investigate using the building for a governmental department or put it up for sale after the lease is up. Henry J. Muller, president of Coalition for the Homeless, thanked the Board for the use of the building for the past 2-1/2 years and listed the work they had done on the building during that time. He explained that the Coalition's new program requires that they house some of their clients for limited time periods and the Old Health Department Building could not be used for that purpose. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously accepted the surrender of the lease for the old Health Department Building as "requested, •; and commended the Coalition for the Homeless for the work done in the building. Staff was directed to look at utilizing the building for governmental purposes or finding the building to be surplus at the end of the leases of the subtenants. 32 L s The Board reviewed the following letter dated June 2, 1994. DATE1 June 2, 1994 TO1 JAME8 Z. CHANDLER COUNT? ADMINISTRATOR FRONS TERRANCE O..BI DIRBCTOR OF UT SERVICES SUBJECTI INDIAN RIVER FARMS HATER CONTROL DISTRICT We received this draft of permit conditions from the Indian River Farms Water Control District. Since the District has stated that they are not responsible for any damages, regardless of the cause, without limitations including negligence on their part, I believe these conditions shbuld be approved by you and the Board of County Commissioners. Please let me know how you wish to proceed. Commissioner Tippin advised that the attorney for IRFWCD produced a set of conditions to be applied when the County uses their right-of-way for utilities whereby we would hold them blameless for any and all damages. Our attorney and Director Pinto recommend approval. MOTION was made by Commissioner Eggert, SECONDED by Commissioner Macht, to approve the right-of-way permit conditions with Indian River Farms Water Control District. Deputy County Attorney Collins explained the need for a special contract with the Indian River Farms Water Control District and advised that we will assume the risk of placing our lines in their right-of-way and hold them harmless for any damage. He felt we can go along with their right-of-way use permit conditions and added that there are provisions for cancellation upon notice. Administrator Chandler confirmed Attorney Collins' comments and recommendations. We will use IRFWCD rights-of-way with full knowledge of the conditions. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. JUN 281994 33 booK 99 F r JUN 28 1994 800K 92 �vu "430 NEW COURTHOUSE CORNERSTONE LAYING CEREMONY The Board reviewed the following letter dated June 21, 1994. - Cs Vero Lodge No. 250, R &A. M. Q%ubr COrtIrlpMflCatlCrfa First Arid Third Tuesdays P.O. Box 1327, Q6 m Vero Beach, FL 32961.1327 June 21s 1994 Yr. Sonny Dean. - 1.R -County Adm. Building,- 1840- 25th St . , Vero Beach, FL 32960 Dear Yr. Dean, Vero Lodge Xo. 250, F.& A.M. would like -to suggest the date of -October 8, 199h, as the time for the corner -stone laying ceremony for our New Court House, subject to your.plans and the Grand Master's itinerary. if this is satisfactory with- _ you we will immediately -contact the Grand master for his approval. Thank you for your consideration! of this date. .;. Cordially, S wart E.Bart ett, Secretary ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved October 8, 1994, for the cornerstone laying ceremony. 34 SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, the Board adjourned at 10:45 a.m. ATTEST: 1 J. K. Barton, Clerk ✓ John W. Tippin, Chai an JUN 28 1994 35 GOOK 0? E'*' "A