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HomeMy WebLinkAbout8/2/1994f MINUTE► TACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, AUGUST 2, 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) Cs; -Glyn K. Eggert (Dist. 2) Jeffrey K. Barton, Clerk to the board 9:00 A. M. 1. CALL TO ORDER 2. INVOCATION - Elinor O'Malley Science of Mind Center 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS Addition: 13-E Discussion re Medicaid Non -emergency Transportation Deletion: 7-G Scheduling Public Hearing for Proposed Ordinance Clarifying Appeal Procedures in Determination of Vicious Dog 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of July 5, 1994 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Sebastian River Water Control District: Minutes of Annual Meeting of Landowners of the District on Wednesday, June 8, 1994 and Minutes of Annual Meeting of Supervisors of the District on Wednesday, June 8, 1994 B. Approval of Bond for David C. Lord, Trustee, I.R.C. Hospital District (letter dated July 22, 1994) C. Oslo Road, Add'i. R -O -W; Parcel #130, Joseph Woodhouse 8 Nola Werner Property (memorandum dated July 20, 1994) D. Agreement / I.R.C. 8 Gilbert E. and Marilynn V. Sanderson - Temporary Water Service (memorandum dated July 19, 1994) E. Release of Utility Liens (memorandum dated July 25, 1994) August 2, 1994 7. CONSENT AGENDA (cont'd. ): F. Assumption of Utilities Special Assessment (memorandum dated July 15, 1994) G. Request for Public Hearing Date for: AN ORDINANCE OF IRC, FL. CLARIFYING APPEAL PROCEDURES WHEN THERE HAS BEEN A DETERMINATION OF VICIOUS DOG (memorandum dated July 25, 1994) H. Oslo Rd., Add'I. R -O -W; Parcel #131, Trustees of the House of God Property (memorandum dated July 24, 199►5) I. Bid Award - Water Conditioner for IRC Jail Budget Amendment #022 (memorandum dated July 25, 1994) S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES Office of Tax Collector: Real Property E S I Report 1993 Tax Roll 9:05 a.m. 9. , PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Humane Society of Vero Beach - Request for Additional Funding (memorandum dated July 26, 1994) • B. PUBLIC HEARINGS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Request for County Commission Approval of a Contract with FloridAffinity/Conservation Consultants for Environmental Land Acquisi- tion/Management Services • ( memorandum dated July 26, 1994 ) 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. As -Built Resolution E Assessment Roll for Paving E Drainage Improvements to: Floral Park and Ranch Estates S/D (memorandum dated July 18, 1994) 2. Testing Services CR512 Construction (memorandum dated July 26, 1994) 3. Round Island Park Phase I / Florida Boat- ing Improvement Project Grant Amendment (memorandum dated July 25, 1994) 4. License Agreement / Traffic Control Devices - I.R. Blvd. R -O -W (memorandum dated July 25, 1994) 5. I.R.C. / Vero Beach Breakwater Project Computer Modeling (memorandum dated July 27, 1994) 6. I.R.C. / Vero Beach Breakwater Univ. of Florida Physical Model Contract (memorandum dated July 27, 1994) H. UTILITIES 1. Agreement with Vista Properties & Vista Plantation Assoc., Inc. - County Supplying Reuse Water for Golf Course and Common Area Irrigation at Vista Plantation (memorandum dated July 21, 1994) 2. Water Main Extension Growth Plan - Ph. III Res. IV - Final Assessment Roll (memorandum dated July 13, 1994) _ 12. COUNTY ATTORNEY - Endangered Species Act Seminar (memorandum dated July 26, 1994) 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN'W. TIPPIN B. VICE CHAIRMAN KENNETH R. MACHT C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER RICHARD N. BIRD Appointments to Parks and Recreation Committee (memorandum dated July 27, 1994) 13. COMMISSIONERS ITEMS (cont'd.): E. COMMISSIONER CAROLYN K. EGGERT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT None 1S. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. ' - m August 2, 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, August 2, 1994, at 9:00 o'clock a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Richard N. Bird. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. Chairman Tippin called the meeting to order. Elinor O'Malley of Science of Mind Center gave the invocation, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Eggert requested the addition under 13-E of a discussion regarding Medicaid Non -emergency Transportation. Administrator Chandler requested the deletion of Item 7-G, request for Public Hearing date for ordinance clarifying appeal procedures when there has been a determination of vicious dog. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added and deleted the above items to today's Agenda. APPROVAL OF AI NUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of July 5, 1994. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of 7/5/94, as written. 900K 93 PAGE O�. August 2, 1994 i �ooK 93 i�A,E 92 CONSENT AGENDA Commissioner Adams requested that Item I be pulled from the Consent Agenda for discussion. A. Received & Placed on File in the Office of Clerk to the Board Sebastian River Water Control District: Minutes of Annual Meeting of Landowners of the District on Wednesday, June 8, 1994 and Minutes of Annual Meeting of supervisors of the District on Wednesday, June 8, 1994 Be ARRroval of Bond for David C. Lord, Trustee. IRC Hospital District The Board reviewed the following letter dated 7/22/94: CLEM, POLACKWICH & VOCELLE ATTORNEYS AT LAW A PAETNEEENIF INCLUDINo PROFEEEIONAL AEBomATION& CNEETEE CLEII. P.A. ALAN S POLACEWICN, 3E„ P.A. VIA HAND DELIVERY LOUIE R VocELLE, JE:, P.A. JAUER A. TATE, III PAUL IL BERG July 22, 1994 RORERT GoLDEN OF COUNSEL T.. C—... IN C. M. P.. Ms. Alice White, Executive Aide Board of County Commissioners Indian River County Administration Bldg. 1840 25th Street Vero Beach, Florida 32960 SUITE 601 IUNIVEET BUILOINo 2770 INDIAN RIVES BOULEVARD VEEo BEACH, FLORIDA 929604278 (407) 6628111 FAX (407) 662-2870 RE% David C. Lord, Trustee, Indian River County Hospital District Our File Nus 2025.0653 Dear Alice: As you may know, Rev. David C. Lord has been appointed by Gov. Chiles to succeed Duncan Chalmers as Trustee to the Indian River County Hospital District. Accordingly, enclosed is the fully executed Bond for Rev. Lord, together with a copy of the executed Oath of Office and Acceptance. Please place the bond on the Commission's agenda for approval at its August 2, 1994 meeting. Please note that this bond form is slightly different from those pre- viously submitted to the County Commission. The form now requires the Clerk of the Circuit Court to approve and sign the bdnd, rather than the commissioners. Accordingly, please have the clerk or an appropri- ate person sign the form as indicated. Also, and in an abundance of caution, I've attached. a copy of your letter to the Bureau of Election Records regarding the Commission's approval of Dr. Gorsuch's bond last March. Please prepare a similar letter regarding.the approval and filing of Rev. Lord's bond with your office. Please call my office in order that we can arrange to pick up the letter and a copy of the approved bond for further transmittal to Tallahassee for final approval of Rev. Lord by Tallahassee. Thank you. Very truly yours, Alan S. Polackwich, Sr. 2 August 2, 1994 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the bond for David C. Lord, Trustee, IRC Hospital District. C. Oslo Road - Additional Right -of -Way; Parcel #130, Joseph Woodhouse and Nola Werner Property The Board reviewed the following memo dated 7/20/94: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo AND Terry B. Thompson, P. Capital Projects Manager FROM: Donald G. Finney, SRA �.�,,._P-. County Right -of -Way Agent CONSENT AGENDA SUBJ$CT: Oslo Road, Additional Right -of -Way; Parcel #130, Joseph Woodhouse and Nola Werner property. COUNTY PROJECT #: 8919 DATE% July 20, 1994 DESCRIPTION AND CONDITIONS Additional right-of-way on the south side of Oslo Road is needed to continue the widening of Oslo Road further to the west from the top of the ridge to the canal. The property owners have executed a contract for $3,500.00 for the 1,500 square foot, CG zoned parcel. The purchase price is $50.00 above the $2.30 per square foot which is the price per square foot the county paid for all other CG zoned parcels on Oslo Road. No appraisals were obtained on the.additional,parcels because of the current sales and recent purchases of adjoining parcels at $2.30, and the additional cost and time element. There are no engineers, -appraisers or actoiaieyfs fizaa to be paid Ly Indian River County. RECO IENDATION Staff requests the Board of County Commissioners approve the $3,500.00 purchase, and authorize the Chairman to execute the contract. F_M- ING Funding to be from Account No. 101-156-541-067.43, Traffic Impact Fee, District 6 3 August 2, 1994 nox 93 Ra,r 03 Hoy ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the purchase of additional right-of-way in the amount of $3,500, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Temporary Water Service Agreement - Gilbert Sanderson The Board reviewed the following memo dated 7/19/94: DATE: JULY 19, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. j!IL9I '�D DIRECTOR OSERVICES PREPARED AND WILLIAM F. CAIN AND CAPITA NGINEER =gT4_STAFFED BY: DEP LIT SERVICES 93 FACE 04 SUBJECT: AGREEMENT INDIAN RIVER COUNTY AND GILBERT E. AND MARILYNN V. SANDERSON TEMPORARY WATER SERVICE - BACKGROUND Y.r. and Airs. Gilbert E. Sanderson have requested that temporary service be installed from the water line on 4th Street to service their property at 4715 4th Street, Vero Beach, Florida 32968, prior to the installation of a water main on that part of 4th Street. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to Mr. and Mrs. Sanderson until such time that a water line is constructed on 4th Street by assessment or Master -planned line construction.. .They agree to pay all fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line as required by IRCDUS. The Department of Utility Services recommends that the Board of County.Commissioners approve the attached Agreement with Mr. and Mrs. Gilbert E. Sanderson on the Consent Agenda. 4 August 2, 1994 M ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the Temporary Water Service Agreement with Gilbert E. and Marilynn V. Sanderson, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Release of Utility Liens The Board reviewed the following memo dated 7/25/94: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE: July 25, 1994 RE: RELEASE OF UTILITY LIENS The attached lien -related items are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. Satisfactions of Impact Fee Extensions: BANFIELD BURNETT CASON COBB/COBBS HUSSAIN DEMONS EDGECOMBE POWELL/STEPHENS/WILSON/BROWN/MOORE POWELL WATSON 2. Green Acres Water Special Assessment: ACKER 3. 12th Street Water Special Assessment: BLADITON FROST 4. Phase II Water Project Special Assessment: DELUCA HUSSAIN MATHENY MELLO, JR. (2) PALL SCHIAVONE/BRACKETT/SMITH/WOJTASER TORRE/ENTIWISTLE WILLIAMS S. Phase III Water Special Assessment: CARROLL k, August 2, 1994 mor 913 P'vF 05, ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the above -listed lien related items, as recommended by staff. SAID SATISFACTIONS AND RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY F. AssMARtion of Utilities Special Assessment - Dennis B. Sclafani The Board reviewed the following memo dated 7/15/94: TO: �Booardd of County Commissioners �61, /e FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DAT:: July 15, 19.4 RE: ASSUMPTION OF UTILITIES SPECIAL ASSESSMENT The County has a special assessment lien for the Phase III water project on some property in Pine Tree Park. Tha property owner is selling the property, and as part of the sale the purchaser has agreed to takeover and be responsible for completing the payments on this lien. The County Utilities Department has no objection to this procedure; therefore, I am enclosing an assumption agreement that it is necessary for the Chairman of the Board of County Commissioners to sign. Requested Action: Board authorize the Chairman to sign the attached assumption of special assessment lien. 6 August 2, 1994 M ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the Assumption of Special Assessment Lien for Dennis B. Sclafani, purchaser of Lot 8, Block A, Pine Tree Park, Unit No. 3, as recommended by staff. ASSUMPTION OF SPECIAL ASSESSMENT LIEN IS ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY G. Schedule Public Hearing - Ord. re Procedures on vicious Dogs Deleted H. Oslo Road, Additional Right -of -Wap; Parcel #131, Trustees of the House of'.God Property The Board reviewed the following memo dated 7/24/94: TO: James E. Chandler County Administrator DATE July 24, 1994 THROUGH: James W. Davis, P.E. Public Works Director AND Terry B. Thompson, P.E Capital Projects Manager FROM: Donald G. Finney, SRA County Right -of -Way Agent CONSENT AGENDA SUBJECT: Oslo Road, Additional Right -of -Way; Parcel #131, Trustees of the House of God property. COUNTY PROJECT #: 8919 DESCRIPTION. AND CONDITIONS Additional right-of-way on the south side of Oslo Road is needed to continue the widening of Oslo Road further to the west from the top of the ridge to the canal. The property owners have executed a contract for $5,977.00 for the 2,599 -E._ Mre feet, CC zoned parcel. The purchase price is $2.30 pei square foot wh1uh is the price per square foot the county paid for all other CG zoned parcels on Oslo Road. No appraisals were obtained on the additional parcels because of the current sales and recent purchases of adjoining parcels at $2.30; and the additional cost and time element. There are no engineers, appraisers or attorneys fees to be paid by Indian River County. RECOMMENDATION Staff requests the Board of County Commissioners approve the $5,977.00 purchase, and authorize the Chairman to execute the contract. FUNDING -- Funding to be from Account No. 101-156-541-067.43, Traffic -Impact Fee, District 6 7 ,r 4 03 Fl,r. 07 August 2, 1994 BOOK 93 P4..'E 08 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously approved the purchase of Parcel #131 in the amount of $5,977, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD I. Bid #4100 - Water conditioner for Jail - Budget Amendment 022 The Board reviewed the following memo dated 7/25/94: DATE: JULY 25, 1994 TO: - HONORABLE BOARD OF COUNTY COMMISSIONERS THRII: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H -.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICE SUWZCT: BID AWARD - WATER CONDITIONER FOR IRC JAIL INDIAN RIVER COUNTY BID 4100 -BUDGET AMENDMENT 022 BACKGROUND: Since .opening of the new IRC Jail in 1987, there has been... continuous maintenance problems associated with calcium content in the water used at that facility. We have replaced a convection steamer and two hot water boilers at a cost of $30,146.00. Also there are 810 flushing valves which are replaced one to two times per year, depending on use, at a cost of over $40.00 each. _ The Department of Corrections continues to cite us for problems associated with the water each time they make an inspection. We have had two independent labs test the water in an effort to ascertain the problem and each time there appears a high content of calcium. The IRC Utilities Department has also testEd the water and maintain a quality that meets their required standards. The Utilities Director has advised that cost associated with lowering calcium content to a level the jail would require is prohibitive. Every contractor that has performed work on water related equipment at this facility advised us to install a water conditioner to prevent the problems we have been experiencing. In an effort to help eliminate these problems and at a cost much less than a water conditioner, a "electro hydro magnetic" treatment system was installed in 1993. There has not been an appreciable improvement in the maintenance problem and DOC is still citing us* on their inspections.- ANALYSIS: nspections: ANALYSIS: Staff has reviewed this problem continuously and made every effort to avoid the expense of installing and operating a water conditioner. We have inquired of other entities that have a 8 August 2, 1994 M M similar type operation as related to water consumption, and their experience was comparable with ours. They also had installed water conditioning systems. To ascertain exact cost of a conditioning system, staff developed a set of specifications by talking with vendors for this type equipment and sent bid requests to 21 different companies. Two vendors responded with the following results: Advanced Water Engineering, Inc. $16,600.00 Indian Harbor Beach, Florida All Rite Water Conditioning $18,448.00• Vero Beach, Florida Based on the information presented, staff feels the existing situation needs immediate attention and recommends purchase of a water conditioner for use at the jail from the low bidder, Advanced Water Engineering, Inc., at a cost not to exceed $16,600.00. It is also requested that funds be appropriated from the General Fund Contingency. Commissioner Adams asked if this bid could be awarded to the Indian River County firm since the bids were so close, and Commissioner Bird explained that in the past the County Attorney has advised us that we have the privilege of not going with the low bidder. Attorney Vitunac advised that if the Board doesn't go with the low bidder, they make a statement as to the reason for their decision. He noted that the Purchasing Department would like to address the matter if the Board wants to change the purchasing policies that are in place. Commissioner Macht pointed out that the Board could give the reason that the county firm has the best accessibility for repairs, etc. General Services Director Sonny Dean advised that both companies have a good name and he was sure that both would give good service. He would prefer to go with the dual -base system, and Commissioner Adams noted, in that case, that All Rite Water Conditioning would be the low bidder. Brief discussion ensued about why a water conditioner is needed since we are using County water from the reverse osmosis plant, and Commissioner Bird commented that some of these systems need distilled water. 9 August 2, 1994 DOOK 93 - Pk,,F 09 RUOK � PAGE 10 Utilities Director Terry Pinto emphasized that nothing is wrong with our water. The County could produce that type of quality water, but it would not be cost feasible. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid 4100 to All Rite Water Conditioning of Vero Beach, the low bidder for the dual tank system, and approved Budget Amendment 022. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously directed staff to study the policy re preference to IRC vendors and bring it back to the Board. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BUDGET AMENDMENT. 022 DATE: July 27. 1994 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Building & Grounds Mech. System/Alteration 001-220-519-041.25 $16,600 $0 Reserve for Contingency 001-199-581-099.91 $0 $16,600 TAX COLLECTOR'S REPORT DR -505 The Board reviewed the following memo dated 7/28/94: August Z, 1994 FU M DATE: July 28, 1994 TO: Honorable Indian River County Commissioners FROM: Karl Zimmermann Tax Collector SUBJECT: Report DR -505 - List of Errors, Insolvencies, Double Assessments, and Discounts Per Florida Statute 197.492, attached for your review and approval is the List of Errors, Insolvencies, Double Assessments, and Discounts, categorized as follows: 1. Real Estate 2. Personal Property 3.- Centrally Assessed If I can be of further assistance, or should you have any questions, please contact me. Sincerely, Tax ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously accepted the Tax Collector's report of Errors, Insolvencies, Double Assessments, and Discounts. REPORT DR -505 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD HUMANE SOCIETY REQUEST FOR ADDITIONAL FUNDING The Board reviewed the following memo dated 7/26/94: TO: Board of County CommissionersDATE: July 26, 1994 FILE: Humane Society of Vero Beach SUBJECT: Request for Add'I. Funding FROM: James E. ChaIfer County Administrator �EFE�ENCES: • As expressed in the letter from Joan Carlson, Joe Baird and I met with representatives of the Humane Society concerning their FY 94/95 budget request. 11 August 2, 1994 nor 93 PAGE It mu 93 PAGE 12 The .current years allocation fs127,000 cc.:.ps; e:: to $233,000 requested for next fiscal year. Staff has recommended 'funding at the same level as the current year. At the meeting, we discussed the Humane Society request. Staff also explained the funding difficulties encountered at all levels of the proposed FY 94/95 budget. As a result, we advised that we could not justify recommending an increase for next fiscal year. However, we indicated we would work with them in an effort to develop a formula which could be utilized as the basis fnr arriving at the annually requested funding amount submitted for budget consideration. The' proposed formula would be submitted to the Board for consideration prior to the beginning of next year's budget preparation cycle. Dorothy F. Reynolds PresidentFnwwtus BOARD OF DUMMORs Nancy H. Benmdkt President Dwald N. Wright In viae President Havmd J. snnth, MA. 2nd We Pnatdent George R. L b x" 3rd We President J. Dianna Club rr"rer ry Man Becker Eker Derrick Horace Ford Gera Grove Jane King Shay Rothe Mkhad Sleafotd ADVISORY BOARD Natngr c U bernan Henry Dorman. DVM C:ornnia EN connetia Peres Gwry Pordy JAW Slade. DVM Janke Saft Macy SvArt HONORARY BOARD Mrs. E Brand Beadmn, Jr. WOwn H. Codvanre Hider Dore an. DVM Mts. Dean Lodrwaod Jam a carbon Executive Dtreetor HUMANE SOCIETY OF VERO BEACH Alyce- INDIAN RIVER COUNTY, Fla, INC.,_ ' - -, P.O. BOX 644 • VERO BEACH - FLORIDA • 32961-0644— July 25, 1993 Honorable John Tiippin, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Commissioner Tippin: In a continuing effort to reach an equitable agreement for fiscal year 1994-1995, the Humane Society respectfully requests another hearing before the County Commission with the hope that immediate reconsideration will be given to the Society's funding for fiscal 1994-95. Acting on the recomm+-ndstion of County Commission at the Budget hearing held on July 13, I, my Administrative Assistant and three Humane Society Executive Board members met with Jim Chandler and Joe Baird on July 22 for filrther discussion of County funding to the Society for fiscal 1994-95. During this meeting, the Society addressed the following concerns; 1) The unacceptable disparity between our projected $233,000 cost to honor our agreement with the County for animal services and the County's proposed allocation of $127,000 for fiscal 1994-95 — a sum in no way related to the number of animals far which the County is responsible. 2) The indisputable fact that the HSVB has been substantially subsidizing the County's share of animal services for many years and, thus, is not starting on a "level playing field" with other mandated County services. Our goal is to achieve a realistic level of reimbursement before this present underfunding accelerates any fiuther. 3) Our funding request for fiscal 1993-94 was decreased by $14,000. Now we are faced with the projected shortfall of $1106,000. Our budget is already lean and this sum will put us in a position of extreme hardship. Understandably, the Board of Directors, charged with fiscal responsibility to its membership, is most alarmed. 4) Our subsidization of County responsibilities has curtailed our ability to make long range plans for future needs. Monies for expansion of our facility and more -comprehensive outreach programs are being siphoned off to cover animal housing expenses. 12 August 2, 1994 'r BrJtl!-.. ��� �T• In a continuing effort to reach an equitable agreement for fiscal year 1994-1995, the Humane Society respectfully requests another hearing before the County Commission with the hope that immediate reconsideration will be given to the Society's funding for fiscal 1994-95. Acting on the recomm+-ndstion of County Commission at the Budget hearing held on July 13, I, my Administrative Assistant and three Humane Society Executive Board members met with Jim Chandler and Joe Baird on July 22 for filrther discussion of County funding to the Society for fiscal 1994-95. During this meeting, the Society addressed the following concerns; 1) The unacceptable disparity between our projected $233,000 cost to honor our agreement with the County for animal services and the County's proposed allocation of $127,000 for fiscal 1994-95 — a sum in no way related to the number of animals far which the County is responsible. 2) The indisputable fact that the HSVB has been substantially subsidizing the County's share of animal services for many years and, thus, is not starting on a "level playing field" with other mandated County services. Our goal is to achieve a realistic level of reimbursement before this present underfunding accelerates any fiuther. 3) Our funding request for fiscal 1993-94 was decreased by $14,000. Now we are faced with the projected shortfall of $1106,000. Our budget is already lean and this sum will put us in a position of extreme hardship. Understandably, the Board of Directors, charged with fiscal responsibility to its membership, is most alarmed. 4) Our subsidization of County responsibilities has curtailed our ability to make long range plans for future needs. Monies for expansion of our facility and more -comprehensive outreach programs are being siphoned off to cover animal housing expenses. 12 August 2, 1994 M 5) The Society submitted a realistic formula with its funding request for 199495, based on an actual animal count. Such a formula would clarify not only our financial position each year, but would assist the County in future budget preparation and service needs as well. In response to the above concerns, County Staff suggested meeting with us in the fall to further ��tr!;z our finan L Mc:tuation and expressed some interest in working on a formula before next year's budget hearings. While this is definitely a step in the right direction, Staff made it clear that they thought any likelihood of closing the financial gap this year would be remote. The Board of the Humane Society cannot stress strongly enough the immediate urgency of our County funding dilemma and the fact that, without greater financial relies; the Sodety may well be forced to contemplate a decrease in animal services to the County. . Sincerely, Joan Carlson Executive Director Joan Carlson, executive director of the Humane Society of Vero Beach, stressed the critical situation for providing services to the County and urged the Board to reconsider additional funding for the 1994-95 budget year. Commissioner Eggert noted that a new State law goes into effect October 1, 1994 requiring people to buy cat and dog licenses when the animals get their annual rabies vaccinations. She asked if that new revenue would alleviate the situation. Mrs. Carlson felt it will take several years to attain a substantial increase in revenues. She explained that the Humane Society receives $1 for every license sold, but only 500 licenses were sold this year. Emergency Services Director Doug Wright anticipated substantial changes in revenue. Presently, veterinarians give a copy of a certificate of vaccination to a pet owner. Under the new law, a copy also will be provided to the County's Animal Control Department, which will provide better monitoring of licensing. We will know if an animal has been vaccinated and has not obtained a license. David Radabough, administrative assistant at the Humane Society, advised that there are 25,000 cats and dogs in Indian River County, which is 1.67 animals per household. Over 6,000 animals go through the facility in one year's time. Of those, 60 owl August 2, 1994 moK 93 Fr,,r 13 [ooc r 93 PSE 14 per cent are brought in by Animal Control and 40 percent by the owners of the animals. Commissioner Macht understood that the County's cost is $7 per day for each animal brought in by Animal Control. Commissioner Bird didn't feel we should rely too heavily on anticipated increased revenues, and Administrator Chandler added that he felt there might be an increase of just $3,000 in the next year. Mrs. Carlson emphasized that if they could devote more of their donated funds to programs that reduce pet populations, they could save the County money in housing the pets. The County's budget allocation is in no way related to the number of animals for which the County is responsible, and she suggested a funding formula be designed on a per -animal basis. Mrs. Carlson stressed that they are looking at a shortfall of $106,000 and their budget is very lean. They feel this will put them in a very difficult position to provide services to the community. Administrator Chandler advised that we do want to meet with the Humane Society regarding a new formula, but he didn't feel we could allocate any more money to the Humane Society for the 1994-95 fiscal year. The Commissioners sympathized with Mrs. Carlson on the Society's budget shortfall, but emphasized that the County's budget is very tight this year and the goal is to avoid a tax increase. Commissioner Bird asked if we could consider allocating -the $3,000 that is anticipated to be generated by the new law and reinstate them to the point they were at last year. In other words, 14,000 plus $3,000. He would like to see staff present a recommendation at the preliminary budget hearing about an additional $13,000. Administrator Chandler advised that the $13,000 in anticipated revenues was taken into consideration in the $127,000 allocation. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously directed staff to allocate to the Humane Society any excess funds over $13,000 received from the projected new fees and work toward a new funding program for the 1995-96 budget year. Chairman Tippin advised that this matter will be discussed again during the preliminary budget hearing scheduled for September 14, 1994 at 5:01 p.m. 14 August 2, 1994 M M M Chairman Tippin wanted the Board to get more information on the services provided to the County by the Humane Society. Commissioner Eggert commended the Humane Society for their outstanding facility. CONTRACT WITH FLORIDAFFINI'TY - CONSULTANTS FOR ENVIRONMENTAL LAND ACQUISITION/MANAGEMENT SERVICES The Board reviewed the following memo dated 7/26/94: TO: James E. Chandler County Administrator DEP NT HEAD CONCURRENCE: / e P,- Z 4 L0 ; 70 � �,; 7A, W Obert M. Keat,119, faxF Community Deve opmDirector FROM: Roland M. DeBlois, &C>P Chief, Environmental Planning DATE: July 26, 1994 RE: Request for County Commission Approval of a Contract with FloridAffinity/Conservation Consultants for Environmental Land Acquisition/Management Services It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 2, 1994. DESCRIPTION AND CONDITIONS Attached is a draft contract between the •County and FloridaAf f inity/Conservation Consultants for environmental land acgriisit;.nn/management services. 'rhe County Land Acquisition Advisory Committee (LAAC), at its meeting of July 27, 1994, voted to recommend that the Board of County Commissioners approve this contract. Staff now requests the Board's consideration of contract approval. Background The Board of County Commissioners, at its meeting of February 22, 1994, and as endorsed by LAAC, authorized staff to negotiate a contract for environmental land acquisition and. management consultant services. This authorization occurred after staff had issued (with Board and LAAC approval) a Request for Proposals (RFP), and had interviewed and ranked three consulting groups. The three groups, in order of ranking, were as follows: 1. Trust for Public Land/Glatting Jackson 2. The Mature Conservancy 3. FloridAffinity/Florida Conservation Consultants 15 ua 15 August 2, 1994 6JU93 PAI -JE 16 Staff were authorized' to negotiate a contract in the order of ranking. Starting in February, staff began negotiations with the Trust for Public Land (TPL). On April 22, 1994, however, TPL withdrew from negotiations for various reasons. Subsequently, staff negotiated with The Nature Conservancy (TNC) and brought a draft contract before LAAC for review. At a special LAAC meeting of July 6, 1994, however, the Committee voted to reject the draft TNC contract. On July 12, 1994, the Board of County Commissioners accepted a report of the LAAC decision, constituting the Board's acceptance of the LAAC recommendation to reject the TNC contract. Staff has since met with Charles Hardee of FloridAffinity, the prime contractor for Florida Conservation Consultants, and has negotiated the attached contract, which has been reviewed and endorsed by LAAO. Contract Overview The proposed FloridAffinity contract consists of seven articles, with three -main articles pertaining to: Conservancy Responsibilities; County Responsibilities; and Compensation. Points of these articles are summarized as follows. FloridAffinity responsibilities: The contract specifies that FloridAffinity will conduct acquisition activities in accordance with the County Land Acquisition Guide. Any negotiations initiated by FloridAffinity will first be approved by the County. FloridAffinity will coordinate closely with county staff and LAAC, and will provide regular progress reports. Other FloridAffinity responsibilities include: * assist county staff with managing pre- acquisition due diligence tasks, including subcontracting due diligence services, if elected by the County; * provide monthly progress reports on the general status of projects and. on-going negotiations; * assist the County with communications with media, the public, landowners, and other government agencies relating to the program, subject to prior County akprovdl; * provide stewardship consultations, and management plans on an as requested basis. (Management plan development would be reimbursed separate from the overall proposed contract fee, as indicated in "Exhibit B"). Charles Hardee, who will be FloridAf f inity I s representative devoted to the county program, has indicated that he will be on hand in the county as needed and/or requested by staff. Staff has discussed with Mr. Hardee that county office space will be available as needed for a base of operation on extended county visits. Mr. Hardee, when not in Indian River County, will be based in Tallahasee, in close proximity to state acquisition program offices. August 2, 1994 16 M M County respnnnibilities: The proposed contract provides that -FloridAffinity negotiations stall be limited solely to parcels identified by the County as requiring FloridAffinity assistance. The County will be responsible (via LAAC) for selecting properties, and will provide FloridAffinity with parcel and ownership information. Also, county staff will assist FloridAffinity in selecting appraisers, reviewing appraisals, and coordinating the appraisal process. Moreover, although the contract provides that FloridAffinity will assist as needed with inter -agency cost -share funding applications, the County will be responsible for making and presenting applications. Compensation: FloridAffinity is proposing compensation in the form of a base fee and hourly rate. Specifically, the contract proposes a $6,375 monthly base fee, which is founded on an estimated base time each month of 75 hours service. For service hours exceeding 75 per month as deemed appropriate by the County, not to exceed 30 additional hours per month, FloridAffinity will be paid $85 an hour. Any required work beyond 105 hours per month- will not be compensated.. Compensation, therefore, calculates to be $76,500 to a maximum of $107,000 per year. This proposed fee does not include due diligence costs (surveys, appraisals, environmental audits) or the cost of individual management plans. Relating to travel time compensation, the contract provides that time spent travelling inter -city will be reflected at one-half the hourly $85 rate, which is inclusive of travel expenses (e.g., plane tickets, gas, vehicle wear and tear). The contract contains provisions allowing either party to cancel the contract with 30 days notice; this allows the County to terminate the contract if circumstances warrant. ALTERNATIVES & ANALYSIS The proposed FloridAffinity contract is structured to allow for flexibility in the level of services provided; this flexiblity is tied to hourly rate compensation on an as -need basis (beyond a minimum monthly fee). Moreover, the contract specifies "ceilings" to compensation, and thereby defines a maximum compensation (as warranted). Staff supports this compensation schedule, finding the base fee reasonable, and the service flexibility in the county's interest. Mr. Hardee's resumS reflects an expertise in environmental land acquisition matters, including familiarity with state cost -share program workings (see attached resumfi). FloridAffinity's office location in Tallahassee, coupled with Mr. Hardee's commitment to be in Indian River County for extended periods as needed, provides a good combination to facilitate cost -share project acquisitions (which cost -share virtually applies to all LAAC sites to date). In addition to his environmental land acquisition and management expertise, Mr. Hardee is an attorney, and therefore is qualified to provide legal assistance to county staff as needed, as part of the land acquisition/management process. 17 August 2, 1994 BcoK 93 FACE 17 °6CO 193 PAGE 18 Alternatives FloridAffinity is the third and final consultant selected for contract negotiations relating to land acquisition/management services. If the County chooses not to contract with FloridAffinity, alternatives -include: maintaining the status quo (no hired assistance); hiring an additional county staff person to assist with pre- acquisition due diligence and negotiations; or contracting -with a consultant for certain services on a project -by - project basis. * Maintaining the Status Quo Staff's position is that maintaining the status quo, hiring no assistance, is not a viable alternative. Presently, there is no county staff person working full time on the environmental lands program. By comparison, other similar county programs, such as Dade, Brevard and Palm Beach counties, have at least two full time staff persons devoted to their programs, in addition to contracted consultant services. * Hiring an Additional County Staff Person Hiring a county staff person to work full time in assisting with the environmental land program would cost roughly $60,000 per year (including benefits). Although a staff person with expertise in one particular field, such as realty, would benefit the program, it would be difficult to find one person would could provide the depth of service needed and comparable to the services proposed in the proposed FloridAffinity contract. * Contracting Project -by -Project Services The County has the option of contracting for land acquisition and/or management planning services on a project -by -project basis. An advantage to this approach is that the County may decide on a number of cost -share projects to let cost -share agencies oversee due diligence and acquisition negotiation, which reduces consultant service needs on such projects. The proposed contract with FloridAffinity, however, accounts for this somewhat by providing a flexibility in the amount of service hours on an as -need basis. A disadvantage to this alternative is the county procedural requirement of issuing a Request for Proposal (RFP) each time a particular service is needed. More than one RFP would need to be issued for any particular LAAC project site, because different services require different consultants (e.g., acquisition negotiation, surveying, auditing, management planning). If a consultant is hired for overall program services, that consultant would have the opportunity to subcontract as needed without the time consuming process of RFP issuance. Thus, a major disadvantage of the project -by -project contracting alternative is time consumption through administrative tasks. These administrative tasks would need to be handled by county staff, who do not have the opportunity to work solely on these tasks and accomplish them expeditiously. 18 August 2, 1994 M Conclusion Staff's conclusion is that the best alternative for a successful environmental land acquisition/management program is to hire a consultant for overall .program services. The proposed FloridAffinity provides a flexibility in the amount of service provided on an as -need basis, and compensation appears reasonable. Therefore, stRff supports the proposed contract. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached contract. Commissioner Eggert announced that this consultant is a distant relative as he is married to her husband's -granddaughter. She wished to. state that she has not exerted any influence on staff regarding this matter. Chief of Environmental Planning Roland DeBlois directed the Board's attention to Section 1.04 - Progress Reports, Records, Audit - on page 3 of the proposed contract. He suggested that section be worded to include that FloridAffinity's authorized representative will be expected to attend all meetings of the Land Acquisition Advisory Committee, unless prior notice is given to the County that he cannot attend for reasonable cause. Commissioner Eggert suggested that we state "monthly written report" in Section 1.04. Commissioner Bird asked where the money would come from to pay the consultant since there are no bond monies yet, and Administrator Chandler advised that it will be done through inter - fund borrowing and it will be reimbursed when we go to market on the bonds. Commissioner Macht noted that the selection committee was very impressed with this person and the flexibility their contract would provide. Mr. DeBlois suggested that wording be changed in Section 3.03 on page 9 to delete "on an advance basis" and add "FloridAffinity will be paid for those documents and services within fifteen days after County receipt from FloridAffinity." Attorney Vitunac suggested that wording be added to Section 3.01 on page 8 that "Payments invoiced each month will be due and payable as soon as practicable after County receipt of the invoice in accordance with the Florida Prompt Payment Act." Commissioner Bird questioned the fees for management services, and Mr. DeBlois explained the differences between Level One Tasks and Level Two Tasks. 19 ROOK 13 -"AG �n August 2, 1994 Booz 93 PnE 20 Commissioner Bird had some reserves about this contract, but felt better with the inclusion of the 30 -day cancellation clause in the event we find we are not receiving the services outlined. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the contract with FloridAffinity with the changes outlined. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AS -BUILT RESOLUTION & ASSESSMENT ROLL FOR PAVING AND DRAINAGE W ROVEMENTS TO FLORAL PARK AND RANCH ESTATES SUBDIVISION The Board reviewed the following memo dated 7/18/94: To.- ' James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Dire and Roger D. Cain, P. County Engineer FROM: Michelle A. Gentile, CET Civil Engineer SUBJECT: As -Built Resolution & Assessment Roll for Paving and Drainage Improvements to: Floral Park and Ranch Estates Subdivision DESCRIPTION AND CONDITIONS The paving of the above road has been completed. The final assessment is as follows: PRELIIVIINARY ESMUTES FINAL COSTS $173,530.97 Total Estimated Cost $164,55937 Total Cost of Project $ 43,382.74 Estimated Cost to County $ 41,139.84 Cost to County $117,586.85 Estimated Cost to Property Owners $125,887.92 ' Total Assessment $12,56138 Estimated Gas Tax Revenue $12,150.19 Gas Tax Revenue $113,737.73 Cost to Property Owners (754,729.49 S.F.) " " $.1558 '/per S.F. (754,729.49 S.F. $.1507/per S.F. August 2, 1994 *This figure includes 2% Tax Collector's fee. 20 � r � The Gas Tax Revenue funds were approved by the Board of County Commissioners on July 28, 1992. The Board of County Commissioners approved Providing Resolution No. 92-133 which included paying the preliminary costs of $12,561.38 for the Neil Stevens, Plant foods, Inc., assessment, since this property would not benefit from the paving of the roads in Floral Park and Ranch Estates Subdivision. Mr. Stevens deeded to the county 25 additional feet of right-of-way to pave 56th Avenue in this subdivision. The final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in 5 equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 8% established by the Board of County Commissioners. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment roll. RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above mentioned road be approved by the Board of County Commissioners and that it be transferred to the Tax Collector for recording in the "Assessment Lien Book" and for collection. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 94-97, certifying "as -built" costs for certain paving and drainage improvements to Floral Park and Ranch Estates Subdivision, etc. AAs -Built (Fourth Reso.) j 1/5/94(ENG)RES4.MAG\gfk RESOLUTION NO. 94-97 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO FLORAL PARK AND RANCH ESTATES SUBDIVISION, DESIGNATED AS PROJECT NO.. 8610, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT'WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements described herein specially benefited the property located within the boundaries as described in this title, designated as Project No. 8610, are in the public interest and promote the public welfare of the county; and - 21 86Oi( 93 PAGE 21 August 2, 1994 BCS 93 2 WHEREAS, on September 1 1992, the Board held a public hearing in the Commission Chambers at,which time the owners of the property to be assessed were afforded an opportunity to appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 92-215, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in an attachment to that resolutions and , WHEREAS, the Director of Public Works has certified the actual pas -built" cost now that the project has been completed is $.1507 per square foot, which is less than $.1558 per square foot in the confirming Resolution No. 92-215, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 92-215 is modified as follows: The completion date for Project No. 8610 is declared to be June 16, 1994, and the last day that payment may be made avoiding interest and penalty charges is ninety (90) days after passage of this resolution. 2. Payments bearing interest at the rate of 8t established by the Board of County Commissioners may be made in five- (5);equal' installments, the first to be made twelve (12) months from the due date and the subsequent payments to be due yearly from this due date. The due date is ninety (90) days after the passage of this resolution. 3. •The final assessment roll for said project listed in Resolution No. 92-215 shall be as'•set forth in attached Exhibit "A" to this resolution. 4. The assessments as shown in attached Exhibit "A" shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown in Exhibit "A", attached to Resolution No. 92-215 were recorded by the County on the public records of Indian River County., and the lien shall constitute prima facie evidence of its validity. 22 August 2, 1994 M M Thin resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Adamc and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice -Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 — day of A�aust 1994. BOARD OF COUNTY COMMISSIONERS OF INWAN RIVER COU TY, FLORIDA By , L O N W.—TIFRW, hairman Attest: • JEFFREY �%B�ARZTZQ;�Clerk,�ty�� •C - .Attachment: Exhibit "A" TESTING SERVICES - CR -512 CONSTRUCTION The Board reviewed the following memo dated 7/26/94: TO: James Chandler County Administi THROUGH: James W. Davis, Public Works Dir FROM: Roger D. Cain, P County Engineer SUBJECT: Testing Services CR512 Construction DATE: July 26, 1994 DESCRIPTION AND CONDMONS Staff has obtained quotes on various engineering tests for the CR512 projects, Projects 8612 and 9222. A professional services contract with PSI, Inc. has expired, which was used for 23 August 2, 1994 HOK 9PAGE 23 BooK 93 PACE 24 testing services in the past. Staff has directed Dunkelberger Engineering and Testing, Inc. to provide testing services to date on the projects so that construction would not be delayed. Dunkelberger was selected because their personnel were familiar with the CR512 project, having worked on the Wentworth ditch relocation project, and because -as the quotations show their prices are competitive. And in fact for two of the common tests T-238 and T-239 their quotes are the lowest. It is estimated that a total of $25,000 will be needed for the testing services for these projects. The funding for providing testing comes from the construction account ALTERNATIVES AND ANALYSIS Alternative No. 1 - Continue using Dunkelberger Engineering and Testing for testing services. Alternative No. 2 - Select another testing firm for testing services. RECOMMENDATION AND FUNDING Staff recommends Alternative 1, as Dunkelberger has provided excellent service at competitive prices. Funding to be from CR512 Corridor Improvements Account No. 101- 153-541-067.38 and CR510/CR512 Intersection Improvements Account No. 101-153-541- 067.39. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht, that the Board approve staff's recommendation of Alternative 1, to continue using Dunkelberger Engineering and Testing, Inc. for testing services. Commissioner Adams asked for clarification on going out to bid, and Attorney Vitunac advised that new legislation requires that projects over $200,000 be done by an outside consultant. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. ROUND ISLAND PARK PHASE I - FLORIDA BOATING 1WROVEMENT PROTECT GRANT AMENDMENT The Board reviewed the following memo dated 7/25/94: 24 August 2, 1994 i � � TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Round Island Park Phase I Florida Boating Improvement Project Grant iR�endment DATE: July 25, 1994 The Florida Boating Improvement Program Grant for Round Island Park required that construction be completed by February 17, 1994. The County issued substantial completion to the Contractor on February 17; 1994,but final payment was not issued.until April 28, 1994. Final payment was withheld until the Contractor completed the project punch list. The County received verbal approval from the Department of Environmental Protection to extend the grant to cover the time between substantial completion and final payment. Attached is an Amendment to extend the date for completion to September 30, 1994. Staff recommends that the Board approve the attached FBIP Project Amendment. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the FBIP Project Agreement Amendment for Round Island Park, Phase I, as recommended by staff. AGREEMENT AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 25 August 2, 1994 BOOK 93 PAGE 26 LICENSE AGREEMENT - TRAFFIC CONTROL DEVICES - GRAND 116 The Board reviewed the following memo dated 7/25/94: TO: James Chandler County Administrator TMWGB: James W. Davis, P.R., Public Works Director` FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: License Agreement Traffic Control Devices Indian River Boulevard Right -of -Way DATE: July 25, 1994 GHA, Grand Harbor Ltd. has installed stop signs on decorative posts at Grand Harbor Boulevard within the Indian River Boulevard right-of-way. The attached license agreement provides for the maintenance and repair of these decorative posts. The -license agreement also holds the County harmless against claims for damages arising out of the use of County right-of-way- . - DATIONS AND FORDING Staff recommends that the Board approve the attached license agreement. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved the License Agreement with GHA Grand Harbor, Ltd., as recommended by staff. LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 26 August 2, 1994 CONTRACT VVI M F.I.T. - PEP REEF COMPUTER MODELING The Board reviewed the following memo dated 7/27/94: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Don G. Donaldson, P. E. Coastal Engineer SUBJECT: Indian River County/Vero Beach Breakwater Project Computer Modeling DATE: July 27, 1994 FILE: cMMAM DESCRIPTION AND CONDITIONS The county has received three proposals for a numerical model analysis of the P.E.P Reef project. This model analysis is required by the Florida Department of Environmental Protection, Division of Beaches and Shores (DEP), for the permit and monitoring program. Staff and American Coastal Engineering have *negotiated with the DEP to have the model requirements dropped. The DEP has maintained. that a numerical model analysis is necessary and that the permit application will remain incomplete until this analysis is performed. ALTERNATIVES AND ANALYSIS Staff has reviewed each of the proposals from the University of Florida, American Coastal Engineering, Inc. and the Florida Institute of Technology (see Attached). The Florida Institute of Technology has proposed using a highly advanced technique that will most accurately predict the effects of the breakwater. In addition, this model will satisfy the DEP monitoring zequirements. Because of the monitoring requirements, the initial cost of this proposal will be offset by savings during the monitoring phase of the project. RECOMMENDATIONS AND FUNDING Staff recommends that the Board authorize a contract with the Florida Institute of Technology in the amount of $36,847.00. Payment is from Tourist Tax Revenue account :119-144-572-067.63 Don Donaldson, coastal engineer, explained that this modeling will benefit the County in submitting applications for other areas such as Wabasso Beach. Unfortunately, we are not able to get state funding. Commissioner Bird asked if funding this modeling with tourist tax revenue would in some way diminish the project, and Administrator Chandler stated that it would not. 27 August 2, 1994 BOOK 93 PACE 27 BOOK 93 PnE 28 ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the contract with F.I.T. in the amount of $36,847, as recommended by staff. CONTRACT IS— ON FILE IN THE OFFICE OF THE CLERK TO BOARD CONTRACT ADDENDUM WITH UNIVERSITY OF FLORIDA - PEP REEF PHYSICAL MODEL The Board reviewed the following memo dated 7/27/94: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., - Public Works Director FROM: Don G. Donaldson, P.E., Coastal EngineelyiD. SUBJECT: Indian River County/Vero Beach Breakwater University of Florida Physical Model Contract DATE: July 27, 1994 FILE: U0nWD]M.A= DESCRIPTION AND CONDITIONS Staff has received a draft report of the physical model studies by the University of Florida (UF). The OF conducted a physical model test to evaluate four separate breakwater arrangements at four water depths, including a no breakwater case (see Attached). The results clearly demonstrate the breakwaters ability to reduce wave heights. They also indicate that a continuous alignment can increase the longshore current. The staggered case (Case C) was thought to provide the best chance of wave height reduction without the increase in,currents. However, the results suggest that the staggered units were too close and the segments were too short. Staff and the OF feel that the three -segment configuration (Case B) had the least impact to longshore currents. However, the gaps provide too much wave transmission. The best configuration is likely to be a long segment, staggered breakwater. The OF has agreed to test this configuration and include the result in the report. The cost for this additional testing is $2,500.00. RECOMMENDATIONS AND FUNDING Staff recommends that the board authorize a contract addendum to the University of Florida in the amount of $2,500.00 for the additional testing. Funding is from Tourist Tax Revenue account 119-144-572-067:63 28 August 2, 1994 r � i ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the contract addendum to U. of F. in the amount of $2,500 for the additional testing, as recommended by staff. ADDENDUM TO CONTRACT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED AGREEMENT WITH VISTA PROPERTIES AND VISTA PLANTATION FOR REUSE WATER FOR GOLF COURSE The Board reviewed the following memo dated 7/21/94: DATE: JULY 21, 1994 TO: JAMES E. CHANDLER ` COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI SERVICES PREPARED ROBERT O. WISEMEN, P.E AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: AGREEMENT WITH VISTA PROPERTIES AND VISTA PLANTATION ASSOCIATION, INC. COUNTY SUPPLYING REUSE WATER FOR GOLF COURSE AND COMMON AREA IRRIGATION AT VISTA PLANTATION BACKGROUND AND ANALYSIS The County, Vista Properties and Vista Plantation Association, Inc., have reached a decision to negotiate an agreement with the County to supply reuse water for irrigation to the Vista Plantation golf course and common areas. Both parties will benefit from this agreement.. The County will gain additional effluent disposal capacity for its wastewater treatment plants from the Florida Department of Environmental Protection. This will also allow Vista Properties and Vista Plantation Association, Inc., to renew their Consumptive Use Well permit from the St. John's -River Water Management District. The estimated cost as a portion of the County responsibility includes,,,. but is not limited to the following: Material $ 5,000.00 Labor and Installation $14,000.00 Engineering, Permitting and Surveying S11,000.00 - Sub Total $30,000.00 10% Contingency S 3.000.00 Total Estimated Cost $33,000.00 This.project shall be paid for from the sewer impact fee fund. RECOMMENDATION The staff of the Department of Utility Services recommends the approval and execution of the attached agreement with Vista Properties and Vista .Plantation Association, Inc. as presented. Also, the staff recommends the approval of expenditure for the connection in the amount of $33,000.00 for design, survey, permitting, material and labor costs. 29 c August 2, 1994 buoK PAGE booK 93 PACE .30 , MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, that the Board approve the agreement with Vista Properties and Vista Plantation and approve the expenditure for the connection in the amount of $33,000 for design, survey, permitting material and labor costs. Under discussion, Commissioner Bird asked if we are being consistent in our agreements with golf courses using effluent, and Utilities Director Terry Pinto replied affirmatively. It is the responsibility for all the courses where we have brought in reuse water to take it from there. Vista is not paying anything for us to bring it to them. If it becomes necessary to charge them a rate at some time in the future, they are agreeable to that. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FINAL ASSESSMENT ROLL - WATER MAIN EXTENSION GROWTH PLAN - PHASE III The Board reviewed the following memo dated 7/13/94: DATE: JULY 13, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UTI SERVICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF AS S PROJECTS BY.. DEPARTMENT OF LITY SERVICES SUD.TECTz' WATER MAIN EXTENSION GROWTH PLAN - PHASE III RESOLUTION IV - FINAL ASSESSMENT ROLL WATER SERVICE ASSESSMENT PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -91 -15 -DS BACKGROUND On June 22, 1993, the Board of County Commissioners approved Resolution III, No. 93-108A, for the preliminary assessment roll on the above -referenced project. Construction of the project has been completed. Customer connections have begun, and we request the Board of County Commissioners' approval of the final assessment roll. (See attached minutes and Resolution IV.) 30 August 2, 1994 � � r ANALYSIS At the June 22, 1993 public hearing, the total original estimated project cost of $2,166,044.27 was approved by the Board of County Commissioners, subject to removal of 100 properties from the project, with no change in the $0.118489 cost per square foot to the assessed property owners. The assessment was reduced to $1,137,257.27 after removal of the properties in the Cherry Lane and non -urban service areas. Nine (9) property owners requesting service outside the urban service area have signed voluntary assessment agreements. They have been added to the final assessment. This additional 743,416 square feet increases the total square footage in the assessment to 10,254,326 square feet. The final assessment of $1,178,762.22 equates to a cost of $0.114953 per square foot of property. This is less than the preliminary assessment. The non -assessed cost of $45,047.88, together with the assessed cost, equals the total project cost of $1,223,810.10. REION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution IV and supplemental.special assessment resolution, which art attached. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 94-98, assessing, approving, and confirming certain supplemental special assessments in connection with water service in the Phase III Water Main Extension Growth Plan. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 94-99, certifying "as -built" costs for installation of water service in the Phase III Water Main Extension Growth Plan, etc. 31 August 2, 1994 BooK 93 PACE 31 Boor ZI3 PA'U 32 Phase III Supupplemental Roll RESOLUTION NO. 94- 98 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING, APPROVING, AND CONFIRMING CERTAIN SUPPLEMENTAL SPECIAL ASSESSMENTS IN CONNECTION WITH WATER SERVICE IN THE PHASE III WATER MAIN EXTENSION GROWTH PLAN. WHEREAS, the Board of County Commissioners of Indian River County determined that water improvements for properties located within the area of the Phase III Water Main Extension Growth Plan are necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, June 22, 1993, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 93-108A, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has determined it is desirable to assess, approve, and confirm certain supplemental special assessments against certain properties shown on attached Exhibit "A" and the owners of which have consented thereto; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The supplemental special assessments shown on attached Exhibit "A" are hereby assessed, approved, and confirmed and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 32 August 2, 1994 2. The Clerk is hereby directed to record the supplement special assessments shown on attached Exhibit "A" in the public records of Indian River County, Florida, which shall constitute prima facie evidence of the validity of the lien of the supplement special assessments. 3. The supplement special assessments shall have the same terms and conditions as the special assessment, including without limitation terms of payment, rate of interest, penalties, terms of prepayment, manner of collection, and priority of lien. 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. The resolution was moved for adoption by Commissioner Adams ► and the motion was seconded by Commissioner Eggert, and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 day of August , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By John Ti Jef rey K. Barton, Clerk / Chairman Attachment: SUPPLEMENTAL ASSESSMENT ROLL 33 August 2, 1994 BOOK 93PacE 3 As Built (Final Reso.) RESOLUTION NO. 94--2q BOOT 93 PAGE 34 w A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF WATER SERVICE IN THE PHASE III WATER MAIN EXTENSION GROWTH PLAN AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT= PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that water improvements for properties located within the area of the Phase III Water Main Extension Growth Plan are necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, June 22, 1993, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 93-108A, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 93-108A, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 93-108A is modified as follows: The completion date for the referenced project and the last day that payment may be made avoiding interest and penalty charges is ninety days after — --- passage of this resolution. 34 August 2, 1994 1 r r 2. Payments bearing interest at the rate of 8% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 93-108A shall be as shown on the attached Exhibit "A." 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first- liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 93-108A, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner Ad dm S and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 day of, August , 1994. Attest: Jeffr�ey K.Barton, Clerk Attachment: ASSESSMENT ROLL August 2, 1994 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By John W. Tip n Chairman 35 800K J3 PAGE 36 ENDANGERED SPECIES ACT SEMINAR The Board reviewed the following memo dated 7/26/94: TO: The Board of Couni.�mmissioners FROM: Charles P. Vit c - County Attorney DATE: July 26, 1994 SUBJECT: Endangered Species Act Seminar I am attaching a copy of an announcement for a 2 -day conference on how to deal with the Endangered Species Act and its impact on growth and development, and would like to know if you wish to authorize Deputy County Attorney Will Collins to attend this session. I ask this since the Board recently discussed possible challenges to the requirements of the Act as it relates to our park and school land development. REQUESTED ACTION: Direction from the Board to authorize Will Collins to attend this conference. The consensus of the Board was not to send someone to attend this seminar but just to stay on top of this subject. APPOINTMENTS TO PARKS AND RECREATION COMMITTEE The Board reviewed the following memo dated 7/27/94: TO: Board of County Commissioners FROM: Richard N. Bird, County Commissioner DATE: July 27, 1994 SUBJECT: Appointments to Parks and Recreation Committee The City of Sebastian has requested that Kay Rogers be appointed as an alternate member of the Parks and Recreation Committee representing the City of Sebastian. We have received four resumes for North County representative (Vernon Slavens, Curtis Caywood, Billie Minnis and Michael Zeugner), and three resumes for South County representative (Mike Kiefer, Hulda Grobman and Barbara Scharfschwerdt-Bodnar.) I am requesting that the Board approve the appointment of Kay Rogers as alternate for the City of Sebastian, and choose one person for North County representative and one person for South County representative. 36 August 2, 1994 r � � Commissioner Bird noted that we have received a number of excellent applications. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously appointed Scott Chisholm as representative from South County, Michael Zeugner as representative from North County, and Kay Rogers as alternate representative from the City of Sebastian. MEDICAID NON EMERGENCY TRANSPORTATION The Board reviewed the following Federal Legislative Alert received from the Community Transportation Association of America � E 00 CO FEDERAL LEGISLATIVE ALERT 8�L1915t�� MEDICAID NONEMERGENCY TRANSPORTATION PROPOSED TO BE ELIMINATED IN HEALTH CARE REFORM LEGISLATION THE ATTACHED ALERT FROM THE COMMUNITY TRANSPORTATION ASSOCIATION of AMERICA (CTAA) CONFIRMS WHAT WE RAVE BEEN HEARING OVER THE LAST SEVERAL WEEKS. A PROPOSAL IS CONTAINED IN THE SILL THAT IS BEING CONSIDERED FOR PASSAGE BEFORE CONGRESS ADJOURNS THAT WOULD ELIMINATE THE UTILIZATION OF MEDICAID FUNDS FOR NONEMERGENCY TRANSPORTATION SERVICES. IN FLORIDA, THIS WOULD AMOUNT TO AN ESTIMATED $60 MILLION. BUT MORE FRIGHTENING IS NOT ONLY WOULD THESE INDIVIDUALS BE ABLE TO RECEIVE ACCESS FOR HEALTH CARE BUT THE DEMAND ON THE LIMITED DOLLARS FLORIDA HAS WOULD BE OVERWHELMING TO MEET NOTHING BUT MEDICAL NEEDS FOR LOW INCOME INDIVIDUALS. IT IS IMPERATIVE THAT EVERYONE EDUCATE THE FLORIDA CONGRESSIONAL DELEGATION TO INFORM THEM OF THE IMPORTANCE OF THIS TRANSPORTATION FUNDING RESOURCE. THE CTAA AND THE COMMISSION WILL BE DOING WHAT WE CAN TO INFORM THOSE WHO ARE MAKING THESE DECISIONS OF THE SERIOUSNESS OF THIS PROPOSAL. PLEASE LET US KNOW IF YOU OBTAIN ANY INFORMATION THAT MAY BE USEFUL TO US AS WE DO OUR EDUCATION. 37 August 2, 1994 aoov 93, PA,E Boo0 93 PAGE 38 Commissioner Eggert wished to have permission to send a letter encouraging them not to eliminate the utilization of Medicaid funds for non -emergency transportation services. Commissioner Macht advised that he already sent a letter of objection, but Commissioner Eggert felt we should send another one. It was agreed that the Chairman would send a letter asking that funds not be deleted. There being no seconded ad carried, � h ' �l W A� �h further business, on Motion duly made, the Board adjourned at 10:25 a.m. , Clerk a � -t, (;John W. Tipp'n, Chairman 7 o Minutes Approved /99V 38 August 2, 1994