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HomeMy WebLinkAbout12/6/1994MINUTE�-TTACHED= BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, DECEMBER 6, 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) Kenneth R. Macht, Vice Chairman ( Dist. 3 ) Fran B. Adams (Dist. 1) Richard N. Bird (Dist. 5) Carolyn K. Eggert ( Dist. 2 ) 9: 00 A. M. I. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 2. INVOCATION - Pastor Andrew Jefferson St. Peters Baptist Church 3. PLEDGE OF ALLEGIANCE — Comm. Kenneth R. Macht 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Item 13-D-1, lighting at Helen Hansen Park in Roseland Item 11-E73, Escambia Housing Mortgage Program 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of 10/18/94 B. Special Meeting of 10/19/94 C. Regular Meeting of 10/25/94 7. CONSENT AGENDA A. Received 6 Placed on File in Office of Clerk to the Board: Sebastian River Water Control District - Minutes of August 31, 1994 I.R. Farms Water Control District - Report of Election of Scott W. Lambeth to Board of Supervisors to serve unexpired term of C.R. Sexton, Jr. who resigned on 10/13/94 B. Cancellation of December 27, 1994 Meeting ( memorandum dated November 22, 1994 ) C. Release of Utility Liens - ( memorandum dated November 21, 1994 ) D. Custodial Contract - New Courthouse ( memorandum dated November 23, 1994 ) r � 7. CONSENT AGENDA (cont'd. ): E. Award Bid #4021 / 16th St. Waterline ( memorandum dated November 18, 1994 ) F. 58th Ave. R -O -W Acquisition; Parcel #110 Charles and Carol Colinick ( memorandum dated- November 28, 1994 ) - C. Water Service Agreements / I.R.C. and John 8 Marie Simons and Domenica Piumelli ( memorandum dated November 15, 1994 ) H. Release of Temporary Construction Easements Indian River Boulevard ( memorandum dated November 29, 1994 ) I. Miscellaneous Budget Amendment 001 ( memorandum dated November 29, 1994 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None - 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES Approval of Resolution Regarding Fees for Review of Health Care Facilities Emergency Management Plans as Established by Rule 9G-20, Florida Administrative Code, and Chapter 93-211, Laws of Florida ( memorandum dated November 28, 1994 ) C. GENERAL SERVICES I. Award Bid #5026 / Water Expansion Plan Phase V, Contract #1 (memorandum dated November 23, 1994) _ 2. Award Bid #5027 / Water Expansion Pian Phase V, Contract #2 ( memorandum dated November 23, 1994 ) D. LEISURE SERVICES None __ 11. DEPARTMENTAL MATTERS (cont'd. ): E. OFFICE OF MANAGEMENT AND BUDGET 1. Mooring's Streetlight Installment ( memorandum dated November 30, 1994 ) 2. Provide and Install Hardware and Software for New Courthouse ( memorandum dated November 30, 1994 ) F. PERSONNEL Appeal - L. Post (memorandum dated November 28, 1994) G. PUBLIC WORKS 1. Resolutions to Provide for Paving and Drainage Improvements to and set Public Hearing Date for: 79th St. Between 101st Ave. and 91st Ave. in Vero Lake Estates ( memorandum dated November 22, 1994 ) 2. Change Order No. 2, CR 512 Corridor Improvements _ ( memorandum dated November 30, 1994 ) 3. Indian River Blvd. Phase IV Construction Materials Testing ( memorandum dated November 28, 1994 ) H. UTILITIES 1. Water Expansion Plan - Ph. IV, Res. I E II ( memorandum dated November 28, 1994 ) 2. West Regional Wastewater Treatment Plant Expansion / Change Order No. 1 (memorandum dated November 28, 1994) 3. So. Co. R.O. Phase _11 Final Pay Request . and Final Change Order ( memorandum dated November 10, 1994 ) 4. M - F Indian River Holdings, Inc. Master -Planned Water Main Construction Developer's Agreement ( memorandum dated November 15, 1994 ) 5. Developer's Agreement with Palm Gardens Children's Home ( memorandum dated November 28, 1994 ) 6. 9th Court Water Line Extension ( memorandum dated November 21, 1994 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN W. TIPPIN B. VICE CHAIRMAN KENNETH R. MACHT 13. COMMISSIONERS ITEMS (aont'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 9/27/94 2. Approval of Minutes - Meeting of 10/18/94 3. Wetlands Mitigation ( memorandum dated November 16, 1994 ) 4. Baler Building Separation Slab ( memorandum dated November 22, 1994 ) 5. Caterpillar 826 Compactor Replacement Total Cost Agreement ( memorandum dated November 29, 1994 ) 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. _ ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. � � r December 6, 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, December 6, 1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; and Richard N. Bird. Commissioner Carolyn K. Eggert was in the hospital recovering from knee surgery. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and P. J. Jones, Deputy Clerk. Chairman Tippin called the meeting to order, and Commissioner Kenneth R. Macht led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Bird requested the addition to today's agenda of Item 13-D-1, lighting at Helen Hansen Park in Roseland. Administrator Chandler requested the addition of Item 11-E-3, Escambia Housing Mortgage Program. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board, by a 4-0 vote (Commissioner Eggert being absent), added the above items to the Agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of October 18, 1994. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), approved the, Minutes of the Regular Meeting of October 18, 1994, as written. 04 DECEMBER 6, 1994 6Jy 1 OoK b BOOK The Chairman asked if there were any corrections or--- additions to the Minutes of the Special Meeting of October 19, 1994. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board by a 4-0 vote (Commissioner Eggert being absent), approved the Minutes of the Special Meeting of October 19, 1994, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of October 25, 1994. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board by a 4-0 vote (Commissioner Eggert being absent), approved the Minutes of the Regular Meeting of October 25, 1994, as written. CONSENT AGENDA A. Report Received and placed on file in the office of the Clerk to the Board: 1. Sebastian River Water Control District Minutes of August 31, 1994. 2. Indian River Farms Water Control District, Report of Election of Scott W. Lambeth to Board of Supervisors to serve unexpired term of C. R. Sexton, Jr., who resigned on October 13, 1994. 2 DECEMBER 6, 1994 B. December 27, 1994 Meeting The Board reviewed a Memorandum of November 22, 1994: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TO: Board of County Commissioners FROM: John W. Tippin, Chairman DATE: November 22, 1994 SUBJECT: Cancellation of December 27, 1994 meeting - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Many personnel take time off to be with their families over the Christmas holidays and the work load is considerably less than usual, therefore, I would recommend that the regular Board of County Commissioners meeting of December 27, 1994 be cancelled. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), approved cancellation of the December 27, 1994 Board of County Commissioners' Meeting. C. Release of Utility Liens The Board reviewed a Memorandum of November 21, 1994: TO: BOARD OF COUNTY COMMISSIONERS FROM: Sandy Wright, County Attorney's Office DATE: November 21, 1994 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. Phase I Water Project SMITH 2. Phase II Water Project FLETCHER __MCCALLUM SELPB 3 DECEMBER 6, 1994 BOOKR Fb,UC. cj��x BOOK , 3. Phase III Water Project BARLOW GRICE EDWARDS MCINTYRE GIPSON TEIXEIRA GRAVES WILLIAMS 4. Eighth Street Water Project JEROME 5. 12th Street Water Project WARR 6. Club Grove Estates Water Project DAPPEN 7. Courtside Water Project KUPFERER (2) 8. Rockridge Sewers REDSTONE 9. Royal Poinciana Project ARTUSA 10. Shady Oaks Water Assessment MACLIN 11. Satisfaction/Payment of Existing Impact Fees BOUYSSOU PEANELL DAWSEY (2) SELPH JACKSON UNREU JEROME Back-up is on file with the County Attorney's office. v� ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), approved Releases of Utility Liens, as recommended by staff. LIEN RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA 4 DECEMBER 6, 1994 D. Custodiat-Contract/New Courthouse The Board reviewed a Memorandum of November 23, 1994: TO: James Chandler County Administrator THRU: H.T. "Sonny" Dean, Director Department of General Service FROM: Lynn Williams, superintend Buildings & Grounds JJ4---- DATE: November 23, 1994 SUBJECT: Custodial Contract - New Courthouse ----Consent Agenda DESCRIPTION AND CONDITIONS: The present Custodial Contract with C1eanNet of Central Florida allows for the addition of buildings/services on an as needed basis. Staff requested the monthly/annual cost for custodial services at the new facility. We also requested an -hourly rate for a daytime porter position. This will provide an on-site attendant for restrooms, canteen areas, spills and cleanups which should not be left unattended. It is intended that the attendant's hours be adjusted as dem#nd/need dictate. ALTERNATIVES AND ANALYSIS: The monthly base rate for the building is $8,766•.40 or $.86 per sq. ft. ($105,196.80 annually) is consistent with the pricing of the current contracted buildings. The additional daytime porter/ attendant will be billed at $10.00 per hour to a maximum of $20,800 per year. RECOMMENDATION AND FUNDING: Staff recommends approval of the proposal from C1eanNet for the remainder of the fiscal year not to exceed $94,500 (January through September). Funding from Buildings & Grounds, 001-220-519- 033.49 Other Contractural. 5 DECEMBER 6, 1994 OOPAL ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), approved the proposal from C1eanNet for the remainder of the fiscal year in an amount not to exceed $94,500, as recommended by staff. CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED E. Bid #4021/16th Street Waterline The Board reviewed a Memorandum of November 18, 1994: DATE: November 18, 1994 TO: . BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Admin strator H.T.*"Sonny" Dean, Directo General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #4021/16th Street Waterline Utilities Department BACKGROUND INFORMATION: Bid Opening Date: October 26, 1994 Advertising Dates: October 5, 12, 19, 1994 Specifications Mailed to: Twenty -Two (22) Vendors Replies: Five (5) Vendors VENDOR BID TOTAL Strickler Brothers $ 83,655.00 Ft Myers, FL Driveways, Inc $ 85,550.00 Titusville, FL Treasure Coast Contracting $ 87 812.90 Vero Beach, FL Martin Paving $ 93,225.00 Vero Beach, FL JoBear $102,808.00 Palm Bay, FL TOTAL AMOUNT OF BID $_838655.00 SOURCE OF FUNDS 472-000-169-222.00 Utilities General - Impact Fees ESTIMATED BUDGET $ 50,465.00 (See attached Departmental Mema} 6 DECEMBER 6, 1994 RECOMMENDATION Staff recommends that the bid be awarded to Strickler Brothers 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 Bird, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), awarded Bid #4021 to Strickler Brothers in the amount of $83,655, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. 58th Avenue R -O -W Acquisition; Parcel #110/Gollnick The Board reviewed a Memorandum of November 28, 1994: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Donald G. Finney, SRA County Right -of -Way Agent CONSENT AGENDA SU&TECT: 58th Avenue Right -of -Way Acquisition; Parcel #110, Charles & Carol Gollnick DATE: November 28, 1994 DESCRIPTION AND CONDITIONS Additional right-of-way is required on 58th Avenue for the paving improvement project from Route 60 to Oslo Road. The property owner has executed a contract at the appraised value of $16,000 per acre for the A-1 zoned land. The contract price is $26,720.00 for the 1.67 acre, 561 wide x 1,296.871 parcel. There are no appraisal or attorney fees. An additional row of citrus trees outside the right-of-way if required to restore the existing grove maintenance road will be purchased at a later date. 7 DECEMBER 6, 1994 BOOK 9 3 BOOK F'A'- S RECOMMENDATION Staff requests the Board of County Commissioners approve the $26,720.00 purchase and authorize the Chairman to execute the contract. FUNDING Funding to be from District 9 Traffic Impact Fee #101-159-541- 067.30. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Eggert being absent), approved the purchase from Charles L. Gollnick and Carol Ann Gollnick in the amount of $26,720, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Water Service Agreements/I.R.C. and Simons and Piumelli The Board reviewed a Memorandum of November 15, 1994: DATE: NOVEMBER 15, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI ERVICES PREPARED JAMES D. CHASTA AND STAFFED MANAGER OF ASSE S NT PROJECTS BY: DEPARTMENT OF ITY SERVICES SUBJECT: WATER SERVICE AGREEMENTS INDIAN RIVER COUNTY AND JOHN AND MARIE SIMONS AND DOMENICA PIUME LI BACKGROUND John and Marie Simons and Domenica Piumelli have requested that water service be installed from the water line on 12th Street to service their properties on 25th Avenue (1105 25th Avenue and 1145 25th Avenue, respectively), Vero Beach, Florida 32960. This request is due to poor water quality in the area. The property owners requesting service have obtained and provided easements to enable the County to provide utility service to the referenced properties on their private street. The proposed water line consists of approximately 580 feet of 6 -inch water line installation. 8 DECEMBER 6, 1994 ANALYSIS The Agreements state that the Indian River County Department of Utility Services (IRCDUS) shall provide water service to Mr. and Mrs. Simons and Mrs. Piumelli. The parties agree to pay all fees required for construction and connection to serve their respective properties. Any additional properties that can be served with these facilities will be required to pay their proportionate share of these costs at connection. The Department proposes to construct the project utilizing the Labor Contract (Driveways, Inc.) at the cost of $5,516.26 and purchase materials under the materials bid with Davis Meter at the cost of $4,771.30. The engineering, inspection, and administration costs are estimated at $500.00. RECOMEMMATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreements, and upon• receipt of funds from participants, authorize the construction of the project under the attached work authorization with Driveways, Inc., and purchase of materials under County bid with Davis Meter and Supply. . ON MOTION by Commissioner Commissioner Adams, the (Commissioner Eggert being Agreement with Driveways, $5,516.26; Agreement with Bird, Board by SECONDED by a 4-0 vote absent), approved the Inc. in the amount of John N. and Marie L. Simons for payment to Indian River County of $4,866.04; Agreement with Domenica Piumelli for payment to Indian River County of $4,593.78; authorized the construction of the project; and authorized purchase of materials from Davis Meter and Supply in the amount of $4,771.30, as recommended by staff. WORK AUTHORIZATION 28 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Release of Temoorary Construction Easements/Indian River Boulevard The Board reviewed a Memorandum of November 29, 1994: _ - TO: The Board of County Commissioners FROM: V,7C, William G. Collins II - Deputy County Attorney DATE: November 29, 1994 SUBJECT: Release of Temporary Construction Easements - Indian River Boulevard 9 DECEMBER 6, 1994 BOOK �c ) FA;� 1 � RR qqyy U,Ol�ll�f�IJ Indian River County acquired temporary construction easements for Indian River Boulevard, which by the terms of the easements were tbe released after completion of the construction of Indian River Boulevard. RECOMMENDATION: Authorize the Chairman to execute -the attached Releases of Temporary Construction Easements to: 1. Crazy Woman Properties, Inc. 2. C . Reed Knight 3. Louise T . Kennedy, et al. 4. Curtis K. Bobo, et al. 5. Christine Bobo Sikes - 6. Grace Locke Walker ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), approved release of the Temporary Construction Easements as recommended by staff. RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY I. Miscellaneous Budget Amendment 001 The Board reviewed a Memorandum of November 29, 1994: TO: Members of the Board of County Commissioners DATE: November 29, 1994 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 001 CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: I. The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is required to reflect these payments. 10 DECEMBER 6, 1994 2. The Department of Emergency Services placed an order for twenty (20) ICOM Radios in Fiscal Year 1993/94. Six radios were shipped from Milwaukee and received in the new fiscal year. This entry will allocate the funding of $3,594. 3. At their meeting of November 15, 1994 the Board of County Commissioners accepted the FIND Grant in the amount of $112,100 for Round Island Phase II. The county match is $54,450. (FIND has included acceptance of pre -agreement expenditures in the amount of $23,300 for landscaping, reducing the required match to $31,150.) The entry• will appropriate the funds. 4. The Board of County Commissioners approved the Sheriff to provide security staff for the new courthouse at the November 15, 1994 meeting. The approved amount was $294,062 for ten (10) months with $262,562 from contingencies and $31,500 from the School District SRO Grant. 5. As approved by the Board of County Commissioners on November 22, 1994, this entry appropriates funds for Indian River County's contribution for a reception and presentation held for FIND/BCC sponsored by Indian River County, City of Vero Beach and the Environmental Learning Center. Staff recommends that the Board of County Commissioners approve the attached budget amendment 001. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), approved Budget Amendment 001, as recommended by staff. TO: Members of the Board of County Commissioners-- - FROM: Joseph A. Baird OMB Director Entry Number FundS/Dc' wtnandAccou at Name I. I EXPENSE GENERAL FUND/Clerk of Court Unemployment Compensation GENERAL FUND/Supervisor of Elections Unemployment Compensation GENERAL FUND/ Reserve for Contingency 11 BUDGET AMENDMENT: 001 DATE: November 29 1994 Account Number I Increase I Demise 001-309-516-012.151 $1,200'I $0 001-700-519-012.151 $41 $0 001-199-581-099.91 1 $01 $1,204 DECEMBER 6, 1994 ��hh BOOK c�� F'.1;E 857 12 DECEMBER 6, 1994 M M M Entry Number Funds/Department/Account Name Account Number IncreaseDecrease EXPENSE TRANSPORTATION FUND/Road and Bridge Unemployment Compensation 111-214-541-012.15= $1,124 $0 TRANSPORTATION FUND/ Reserve for Contingency 111-199-581-099.91 $0 $1,124 EXPENSE S.W.D.DdRef mXnemployment Comp. 411-209-534-012.15 $1,093 $0 S.W.D.D./LandfiWnemployment Comp. 411-217-534-012.15 $18 $0 S.W.D.D./Recycling Unemployment Comp. 411-255-534-012.15 $263 $0 S.W.D.D:/Landfill/Cash Forward -September 30 411-217-534-099.92 $0 $1,374 EXPENSE BUILDING DEPARTMENT/ Unemployment Coon 441-233-524-012.15 $3,250 $0 BUILDING DEPARTMENT/Special Pay 441-233-524-011.15 $0 $3,250 2. EXPENSE GENERAL FUND/Emergency Services/ Communication Equipment All 001-208-525-066.45 $3,594 $0 GENERAL FUND/Reserves for Contingency 001-199-581-099.91 $0 $3,594 3. REVENUE GENERAL FUND/FIND/Round Island Park 001-000-334-075.00 $57,650 $0 GENERAL FUND/Transfer In 001-000-381-020.00 $31,150 $0 EXPENSE GENERAL FUND/Parks/Construcf= In Progress 001-210-572-066.51 $88,800 $0 M.S.T.U./Transfer Out 004199-581-099.21 $31,150 $0 M.S.T.UdReserve for Contin 004199-581-099.91 $0 $31,150 4. REVENUE GENERAL FUND/Reimbursements 001-000-369-040.00 $31,500 $0 EXPENSE GENERAL FUND/Sheriff/ Sheriff Law Enforcement 001-600.586-099.04 $294,062 $0 GENERAL FUND/Sheriff/ Roam for Contingencies 001-199-581-099.91 $0 $262,562 5. EXPENSE GENERAL FUND/BCC/ Other Current Charges/Obligations 001-101-511-034.99 $350 $0 GENERAL. FUND/Reserve for 001-199-581-099.91 $0 $350 12 DECEMBER 6, 1994 M M M RESOLUTION REGARDING FEES FOR REVIEW OF HEALTH CARE FACILITIES EMERGENCY MANAGEMENT PLANS The Board reviewed a Memorandum of November 28, 1994: TO: Board of County Commissioners THROUGH: Jim Chandler, ounty Administrator FROM: Doug Wright irector Department of Emergency Services DATE: November 28, 1994 SUBJECT: Approval of Resolution Regarding Fees for Review of Health Care Facilities Emergency Management Plans as Established by Rule 9G-20, Florida Administrative Code, and Chapter 93-211, Laws of Florida 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: In the aftermath of Hurricane Andrew, the 1993 Legislature enacted initiatives to the Agency for Health Care Administration (AHCA) to promulgate emergency planning criteria for nursing home facilities. This means that each nursing home must develop and have its comprehensive emergency management plan approved annually by the County Emergency Management Agency. Prior rules only required facilities to consult with local emergency management officials regarding their facility emergency plans. More than a year ago, the ARCA drafted its first -proposed Rule amendment and began the public hearing process. Having completed several modifications to the original draft and providing open forums to receive public comments, the AHCA has instructed their facility inspectors to implement the new review criteria. The revised emergency management planning criteria for nursing home facilities is eight (8) pages in length, compared to less than one (1) page before. More importantly, the County is now responsible to approve each of these disaster plans. The companion document to Rule 59A-4.26, FAC, is Rule 9G-20, which authorizes County Emergency Management'Agencies to charge a fee to compensate for the costs of reviewing health care facility disaster plans. During the rulemaking process, the state determined that counties may charge $25 per hour and add to that number an amount equal to not more that 25% of that figure to cover miscellaneous and indirect costs. The rule also states that counties are authorized to charge no more than $250 for a facility licensed for 16 beds or less and may charge $500 for a licensed facility of more than 16 beds for the annual plan reviews. 13 DECEMBER 6, 1994 859 � �. BOOK MIA BOA ALTERNATIVES AND ANALYSIS: The companion Florida Administrative Codes does not give the Indian River County Emergency Management Division an option as to whether we choose to participate in the review and approval process. As the ARCA inspectors make their annual visit to the local health care facilities, they are required to review the County's compliance letter supporting concurrence with. the facility administrator's disaster plan before they can issue another annual certificate of licensure. The aforementioned Florida Administrative Codes were filed with the Secretary of State's Office on November 14, 1994 and will be effective on December 5, 1994. Indian River County is eligible to charge reimbursement fees for review of plans received after the rule's effective date. There are approximately 20 facilities in Indian River County that will be impacted by. the new planning review criteria when completed by AHCA including hospitals, nursing homes, and other type facilities. It is estimated that overall, staff will spend the minimum of eight (8) hours in staff time per facility the first year helping the health care administrators meet the new criteria. It is also anticipated that the staff time required for review and approval of the annual submittal of the facility plan will be reduced in subsequent years. Funds received from fees paid are required to be deposited in a separate fund or account. Unspent, monies may be carried forward at the end of the fiscal year and a report must be submitted to the state within 60 days of the end of the fiscal year regarding funds collected for the annual plan reviews. Based on the above information, it appears the following alternatives are available to the Board: Alternative No. 1: Do not establish any fee schedule for the required plan reviews as provided for by Rule 9G-20 and Chapter 93-211, Laws of Florida. Alternative No. 2: Authorize staff to charge a fee of $25 per hour as authorized by the rule plus any miscellaneous or indirect cost for the required annual facility plan review as authorized by the authorities cited above. Alternative No. 3: Authorize staff to charge an hourly fee of an amount less than provided for in the rule to conduct the required facility plan review. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Alternative No. 2 as well as the attached Resolution and fee exhibit regarding plan review fees for reviewing and approving health care facilities emergency management plans as described in 9G-201 Florida Administrative Code, and Chapter 93-211, Laws of Florida. 14 DECENMER 6, 1994 Director of Emergency services Doug Wright advised that the rules were finalized effective December 5, 1994, and that the rules provide for a fee to be charged. His department is asking the Board to approve the resolution and adopt the fee schedule, keeping in mind that his department will charge the minimum number of hours and that the fees wil be reduced after the first year. Commissioner Adams inquired if he is recommending Alternative 2 and asked whether the 60 -day time for delivery of an invoice could be reduced to a 30 -day period. Director Wright responded that the reviews must be forwarded to 4 different state departments and the additional time is required for response from these departments. Commissioner Adams then inquired as to a definition of the term "any dispute regarding fees", to which Director Wright responded that they do not expect a dispute to occur as the fees will be discussed prior to submission of an invoice. If there is a dispute, generally the information will first go to the County Administrator and the County Attorney for review. Commissioner Adams felt that this is another example of a mandated cost to the County by the government. Commissioner Bird asked for a further definition of "significant change" and Director Wright explained that this would be a significant change to the structure or level of service or provision of medical aid. Commissioner Adams then inquired about the report to be filed at the end of the year requiring depositing the funds in a separate fund or account and Director Wright explained that, based upon the information supplied, the department will consider at that time whether the fee schedule needs to be revised. Chairman Tippin commented that Hurricane Andrew taught us a great deal but that we are unable to completely protect everyone. 15 DECEMBER 6, 1994 BOOK 3 F -AGF a �. wax 12 ON MOTION by Commissioner Adams, SECONDED ==by Commissioner Bird, the Board by a 4-0 vote (Commissioner Eggert being absent), approved Alternative No. 2 authorizing staff to charge a fee of $25 per hour plus any miscellaneous or indirect cost for the required annual facility plan review for reviewing and approving health care facilities emergency management plans; and adopted Resolution 94-152 enacting a schedule of fees to be collected by the Department in reviewing emergency management plans for nursing homes, as recommended by staff. 12/2/94(reso\esd) VkDW RESOLUTION NO. 94-152 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ENACTING A SCHEDULE OF FEES TO BE COLLECTED BY THE DEPARTMENT IN REVIEWING EMERGENCY MANAGEMENT PLANS FOR NURSING HOMES. WHEREAS, Chapter 93-211, Laws of Florida, requires certain health care providers to prepare and update a Facility Management Plan and to submit such plan to the County emergency management agency for review and approval; and WHEREAS, the law also allows the County to charge a fee for this review and requires that the Department of Community Affairs (DCA) establish a schedule of fees that may be charged; and WHEREAS, the DCA has adopted such a schedule of fees in Section 9G-20.003, F.A.C., which is effective December 5, 1994; and WHEREAS, it is desirable that the County enact this schedule of fees consistent with the DCA rule; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the attached Exhibit "A," which is a schedule of fees for review of nursing home emergency plans, is hereby adopted. 16 DECEMBER 6, 1994 The resolution was moved for adoption by Commissioner Adams , r and the motion was seconded by Commissioner B i r d , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin A y e Vice Chairman Kenneth R. Macht A y e Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Absent Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of December , 1994. BOAR OF COUNTY COMMISSIONERS INDIAN)RIVER COUNTY, FT,ORIDA t:_ -- By ohn W. Til p ey Ba Clerk Chairman i Attachment: Exhibit "A" - Schedule of Fees APPROVED AS TO FORM "n I F r,AL SUFFIQIENCY: 6 SCHEDULE OF FEES 9G-20.001 PLAN REVIEW FEE (1) County Emergency Management Agencies are authorized to charge a fee to compensate for the cost of the review of plans, submitted to the County Emergency Management Agency by facilities,. to ensure compliance with,plan review criteria. A separate fee is authorized for each plan submitted. (2) The maximum fee shall be determined by the County Emergency Management Agency by calculating the actual number of hours or parts thereof necessary for review of the plan, multiplying that figure by the rate of $25 per hour, and adding to that result an amount equal to not more than 25% of that figure, to cover miscellaneous and indirect costs. Upon receipt of each facility plan, the county shall establish a cost Identifier -for the plan for purposes of tracking review costs. 17 DECEMBER 6, 1994 BOOK U1 3 PA,,t BOOK b3 P,1u. � 4 (3) For facilities licensed for more than 16 beds, County Emergency Management Agencies are auttiorized to charge up to five hundred dollars ($500.00) for reviewing a facility plan, unless there is no significant change from the last approved plan submitted by that facility, or unless the facility requests technical assistance from the County Emergency Management Agency. This limit reflects up to sixteen (16) hours of review and processing time plus the authorized miscellaneous and indirect cost rate. If there is no significant change from the last approved plan submitted by that facility, or if the facility is licensed for 16 beds or less, then County Emergency Management Agencies are authorized to charge no more than two hundred and fifty dollars ($250.00) for reviewing a facility plan. This limit reflects up to eight (8) hours of review and processing time plus the authorized miscellaneous and indirect cost rate. If, in order to facilitate compliance with plan review criteria, a facility requests technical assistance from the County Emergency Management Agency, then the County Emergency Management Agency is authorized to charge up to twenty-five dollars ($25) per hour, or any part thereof, up to a maximum of ten (10) hours, for time actually devoted to assisting a facility in writing or rewriting its plan. The fee attributable to requested technical assistance shall be in addition to the maximum fee otherwise e. established in this rule. (4) Within sixty (60) days of completing the review of a plan submitted by a facility to the County Emergency Management Agency, the County Emergency Management Agency shall provide to the submitting facility an invoice for the cost of performing the Plan review in accordance with the fee schedule established herein. Any dispute regarding the fee, other than the process Identified in Rule 9G-20.005, F.A.C., shall be handled by the County in the same manner as other types of revenue collection disputes. Facilities shall notify the County in writing of any dispute regarding the fee within thirty (30) days of receipt of the invoice, or shall not dispute the amount. Facilities shall be liable for and pay fees regardless of whether their plan is approved. 18 DECEMBER 6, 1994 (5) All fees shall be payable by certified check or bank draft in U.S. funds, made payable to the county to which the plan Is submitted for review and approval. Specific Authority: Section 252.35(2)(u), Florida Statutes. Law Implemented: Sections 252.35(2)(1), 252.38(1)(e), 393.067(8), 395.1055(1)(c), 400.23(2)(g) and 400.441(1)(b), Florida Statutes. BID #5026/WATER EXPANSION PLAN/PHASE WCONTRACT #1 The Board reviewed a Memorandum of November 23, 1994: DATE: November 23, 1994 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Adz.nistrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #5026/Water Expansion Plan Phase V Contract 01 - Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: i D1 0 • Tri -Sure Corporation Auburndale, FL Derrico Construction Melbourne, FL Treasures Coast Contracting Vero Beach, FL 19 DECEMBER 6, 1994 November 14, 1994 Oct 24, 31, Nov 7, 1994 Thirty (30) Vendors Six (6) Vendors BID TOTAL $ 683,372.00 $ 768,610.00 $ 831,937.50 BOOS BOOK i13 f'�, �L 16 Strickler Brothers $ 878,901.00 Ft Myers, FL Hall Contracting $ 940,116.57 St Petersburg, FL Martin Paving Palm Bay, FL $1,098,153.00 TOTAL AMOUNT OF BID $ 683,372.00 SOURCE O FUNDS Utilities Assessment Fund 473-000-169-216.00 ESTIMATED BUDGET $ 803,000.00 RECOMMENDATION - Staff recommends that the bid be awarded to Tri Sure Corporation 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 by a 4-0 vote (Commissioner Eggert being absent), awarded Bid #5026 to Tri -Sure Corporation in the amount of $683,372, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BID #5027/WATER EXPANSION PLAN/PHASE V/CONTRACT #2 The Board reviewed a Memorandum of November 23, 1994: DATE: November 23, 1994 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #5027/Water Expansion Plan Phase V Contract #2 Utilities Department 20 DECEMBER 6, 1994 BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: VENDOR Treasure Coast Contracting Vero Beach, FL Martin Paving Vero Beach, FL Derrico Construction Melbourne, FL TOTAL AMOUNT OF BID November 17, 1994 Oct 24, 31, Nov 7, 1994 Thirty (3 0) Vendors Three (3) Vendors BID TOTAL $561,682.50 $567,440.00 $604,220.00 $561,682.50 SOURCE OF FUNDS Utilities A55ts,5merit Fund 473-000-169-216.00 ESTIMATED BUDGET $592,000.00 Staff recommends that the bid be awarded to Treasure Coast Contracting 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. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Macht, to award Bid #5027 to Treasure Coast Contracting in the amount of $561,682.50, as recommended by staff. Under discussion, Commissioner Bird inquired as to how much research is done in checking references for companies being awarded bids, and Director of General Services Sonny Dean responded that his policy is that references are checked when bids are returned to the department. He believed that the other departments do the same thing. THE CHAIRMAN CALLED THE QUESTION. The Motion carried by a 4-0 vote, Commissioner Eggert being absent. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 21 DECEMBER 6, 1994 BOOK 9 3 FA,,E 8 Y7 BOOK 93 f'A,E 878 MOOR'S ST MOORING'S REETLIGHT INSTALLATION The Board reviewed a Memorandum of November 30, 1994: TO: Members of the Board of County Commissioners DATE: November 30, 1994 SUBJECT: MOORING'S STREETLIGHT INSTALLATION - AS SOON AS POSSIBLE OFFICE OF MANAGEMENT AND BUDGET AGENDA ITEM FROM: Joseph A. Baird OMB Director 1 M: ICY i ► ►11 • ►11 YY � . At a public hearing on April 5, 1994, the Board of County Commissioners established the Moorings Streetlighting district. Since the district was established after January 1, 1994, it will appear on the 1995/96 tax bill not the 1994/95 fiscal year. The Mooring's have requested streetlights be installed as early as possible. Preliminary discussions suggest the City of Vero Beach could begin installing the streetlights as early as January 1, 1995. Costs for the lights would be the same as outlined at the public hearing if the lights were to be installed in January 1995. The county has no problem with this request; however, it does have some logistical financial problems. If the county were to proceed with authorizing the installation of the streetlights, they would have to establish a mechanism to finance the streetlight until they are on the tax bill in the 1995/96 fiscal year. The following needs to be done by staff and authorized by the Board of County Commissioners in order to accomplish the request. 1. Give staff permission to contact the City of Vero Beach to begin installation as soon as possible. 2. Give staff permission to enter into an intergovernmental steetlighting agreement with the City of Vero Beach for the Moorings streetlighting district. 3. Establish a Mooring's Streetlight fund. 4. A separate agent billing to be done by the Property Appraiser billing for the partial 1994/95 fiscal year service after streetlight installation begins. 5. Allow inter -fund borrowing until assessment revenue is received. Ye► Staff recommends the Board of County Commissioners authorize the above mentioned items be done in order to have the streetlights installed as soon as possible. 22 DECEMBER 6, 1994 OMB Director Joe Baird explained that the residents of The Moorings have requested this lighting but tax monies to pay for same will not be available until the 1995-96 tax year. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Eggert being absent), authorized staff to: contact the City of Vero Beach to begin installation as soon as possible; enter into an intergovernmental streetlighting agreement with the City of Vero Beach for the Mooring's streetlighting district; prepare a separate assessment billing by the Property Appraiser for the partial 1994/1995 fiscal year service after installation begins; and allowed inter -fund borrowing until assessment revenue is received; as recommended by staff. COURTHOUSE/HARDWARE AND SOFTWARE The Board reviewed a Memorandum of November 30, 1994: TO: Members of the Board of County Commissioners DATE: November 30, 1994 SUBJECT: PROVIDE AND INSTALL HARDWARE AND SOFTWARE FOR THE NEW COURTHOUSE - BUDGET AMENDMENT 002 OFFICE OF MANAGEMENT AND BUDGET AGENDA ITEM FROM: Joseph Baird I OMB Director The Board of County Commissioners allocated $38,568.00 for computer hardware and software for the judges in the new courthouse. On May 1, 1994 we received bids for the computer system. The lowest bid received was $50,270.04. On September 13, 1994 the Board of County Commissioners rejected the bids, recommended specifications be revised and the computer system be re -bid. After discussion with Judge Kanarek, staff contacted the St. Lucie County Automated Services Department which installs and maintains all the computer equipment for the State Attorney and Public Defender offices district -wide. St. Lucie County Automated Services also installs and maintains the circuit judge's computers in St. Lucie County. 23 DECEMBER 6, 1994 BOOK UW PAGE 879 BOOK b3 F,�;E Michael Cully of St. Lucie County Automated Services has met with Judge Kanarek, Gary Tummond (Clerk's Data Processing Manager) and myself to analyze the circuit -and county judges computer needs for the new Courthouse. Additionally, he visited the new facility to evaluate what was needed. Based on his, review he has submitted an estimate of $43,043.00. ANALYSIS Staff feels we should accept the proposal for the judges' computer system from St. Lucie County Automated Services for the following reasons: 1. The proposal of $43,043 is considerably less than the lowest bid we received in the amount of $50,270.04 when we advertised for bids and which included less items than the proposal from St. Lucie County Automated Services. 2. The Public Defender and State Attorney are already utilizing St. Lucie County Automated Services to install computer systems and software in the new courthouse. 3. By having the computer system software and hardware installed by one vendor, who will maintain the system, it will eliminate finger pointing if system problems arise. 4. The circuit judges' computer system in Indian River County will be the same as St. Lucie County and will therefore be able to communicate with the entire Circuit. 5. The system is designed, where possible, to have the State Attorney, Public Defender and Judges share the same file server and software to cut down on installation costs and maintenance costs in the long run. 6. References were checked from the State Attorneys Office, Public Defender's Office and Judges' Office who currently use St. Lucie County Automated Services. They were very highly recommended 7. The Public Defender, State Attorney and Judges would have a compatible system district -wide. St. Lucie County Automated Services has bid $43,043.00 for the system. Because of the short time frame, staff would like permission to approve up to 10% more ($43,043 + $4,300 = $47,343) in changes for unforeseen items that may need to be purchased during the installation of the system in the new Courthouse. We may also have to purchase a token ring hub to connect to the Judges and - - Clerk's AS -400 mainframe which we estimate is an additional $6,000. This was not included in any of the bid proposals. Funding of $53,343.00 for the purchase of the computer system would be from the Court Facility Fund (Fund 106). A budget amendment in the amount of $53,343.00 is necessary since the computer system was budgeted in the prior fiscal year. . _ The Board of County Commissioners approve the purchase of the computer hardware and software from St. Lucie County Automated Services for the new Courthouse, as set forth, and the attached Budget Amendment. 24 DECEMBER 6, 1994 M M M MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Bird, to approve the purchase of the computer hardware and software from St. Lucie County Automated Services in the amount of $53,343 and approve Budget Amendment 002, as recommended by staff. Under discussion, Commissioner Macht explained that the funds are going to a government-owned company set up some years ago to provide data processing assistance to governmental agencies. He attended a presentation at the Council of Public Officials and the company involved was established in 1978. The company provides data processing services to all governmental organizations. They custom the services for each organization which greatly reduces down time. This particular system has resulted in a $7,000-$8,000 savings to the County and is compatible with other governmental organizations. He felt it would behoove the County to use this service and suggested possibly arranging another presentation. Commissioner Adams then inquired as to why a number of copies of one program are necessary and wanted to know whether we could purchase one copy and install it in several different terminals. Mike Kelly of St. Lucie County Automated Services explained that these programs are licensed on a "concurrent" basis and in this case, 1 -per -user is the rule. The judicial assistants will be using the program concurrently and the license holder requires a payment for the program "per concurrent user". The license agreement says that you can use this program only on 1 computer terminal. The individual can use the program on different equipment, but we have 12 users at the same time. Mr. Kelly explained that if you tried to use the same program for different users, it would constitute a violation of the licensing agreement. Commissioner Macht informed the Board that he was aware of a recent case in a federal office where people spent some jail time. He emphasized that when you purchase the program, you agree to abide by the licensing agreement. THE CHAIRMAN CALLED THE QUESTION. It was voted on and carried by a 4-0 vote, Commissioner Eggert being absent. 25 DECEMBER 6, 1994 BOOK 1�.Q TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Direct Entry Number Funds/Deparlment/Account Name 1. REVENUE COURT FACILITY/Cash Forward EXPENSE COURT FACILITY/E.D.P. Equipment BUDGET AMENDMENT: 002 DATE: — Nov ber 30 1994 Account Number I Increase I Decrease 1064000-389-040.00 1 $53,3431 $o 106-909-5I&W.47 1 $53,3431 $0 ESCAMBIA HOUSING MORTGAGE PROGRAM The Board reviewed a Memorandum of December 5, 1994: TO: Members of the Board of County Commissioners DATE: December 5, 1994 SUBJECT: ESCAMBIA HOUSING MORTGAGE PROGRAM FROM: Joseph A. Bair OMB Director William R. Hough & Company, underwriter, has approached Indian River County to see if they are interested in participating in the Escambia Single Family Housing Program for low to modgrate income single family housing. This program involves utilization of Industrial Revenue Bonds. Industrial Revenue bond allocations are released by districts each year beginning in January on a first come first serve basis. Indian River County is in district 9B with St. Lucie, Martin and Okeechobee Counties and the allocation should be over $9.5 million. 26 DECEMBER 6, 1994 St. Lucie County has already committed to the Escambia Family Housing Program. Indian River County would be sharing the allocation with St. Lucie County, wtfich we have done in the past. With St. Lucie County and Indian River County participating in the same program, local participating lenders can move the money between counties after the first 120 days of the program. William R Hough and Company is requesting we waive the $1,000 administrative fee plus the .5% of the face value of the bonds (.5% up to a maximum of $10,000) because this will ti``passed on to the lending institutions and then eventually to the person attempting to obtain the loan. Indian River County has also received a request from Art Ziev of Raymond James Underwriters to participate in their program. I feel that it is more advantageous for the County to stay in the Escambia Single Family Housing Program since St. Lucie County is already participating and this will give lenders more flexibility at moving allocation of funds between the counties based on the demand. Also, the lending institutions which have branches in both counties will be working with requirements of one program not two. Staff recommends the Board of County Commissioners waive only the .5% per bond fee and approve the Inducement Resolution and Inter -local agreement with Escambia Housing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board waived the .5o per bond fee and approved the Inducement Resolution and Inter -local agreement with Escambia County Housing Finance Authority; and adopted Resolution 94-153 authorizing the Escambia County Housing Finance Authority to operate within the boundaries of Indian River County; authorizing the Board of County Commissioners of Indian River County, Florida, to enter into agreements with the Escambia County Housing Finance Authority; approving a form of interlocal agreement; approving the issuance by the Escambia County Housing Finance Authority of not exceeding $60,000,000 single family mortgage revenue bonds, Series 1995 (Multi -County Program), pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended; and providing an effective date. OMB Director Joseph Baird gave a brief overview of the program and handed out further literature to the Commissioners. He advised the Board that this program has been reviewed by Commissioner Eggert and she expressed her feeling there was a need for the program. The program allows Escambia County to issue bonds at tax exempt rates and pass the funds on to people attempting to get 27 DECEMBER 6, 1994 _� loans. It will help in the SHIP program. We are in District 9B with St. Lucie, Martin, Escambia and Indian River Counties and Indian River County residents would not be eligible if we do not get involved. The funds stay in Indian River County 120 days then spread to other counties if not used. Staff is recommending the County stay with the same program being used in St. Lucie and Escambia Counties. This program reaches a wider spectrum of families as the maximum purchase price is up to $130,000 for new purchasers. Commissioner Bird felt we should move ahead with this and he expressed his hope that good publicity will be attached to it. Director Baird explained that the public hearing has been scheduled for December 20, 1994. THE CHAIRMAN CALLED THE QUESTION: It was voted on and carried by a 4-0 vote, Commissioner Eggert being absent. RESOLUTION NO. 9A_-1 5 3 A RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO OPERATE WITHIN THE BOUNDARIES OF INDIAN RIVER COUNTY; AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO ENTER INTO AGREEMENTS WITH THE ESCAM 31A COUNTY HOUSING FINANCE AUTHORITY; APPROVING A FORINT OF INTERLOCAL AGREEMENT; APPROVING TIE ISSUANCE BY TIM ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $60,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1995 (MULTI -COUNTY PROGRAM), PURSUANT TO SECTION 14700 OF- THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act") authorized counties to create housing finance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and WHEREAS, the Board of County Commissioners of Escambia County, Florida, on May 29, 1980, adopted Ordinance No. 80-12, by which it created the Escambia County Housing Finance Authority (the "Authority") and authorized the Authority to exercise all powers under the Act: and 28 DECEMBER 6, 1994 WHEREAS, there is no housing finance authority currently operating in Indian River County; and WHEREAS, pursuant to the Act the Board of County Commissioners of Indian River County, Florida, has found a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in Indian River County; and WHEREAS, it is not practicable at this time under existing Florida and federal laws and regulations for a single local agency to issue its bonds for the purpose of Implementing a single family housing program, although the shortage of such single family housing and capital for investment therein is continuing in Indian River County; and WHEREAS, the Authority has by resolution duly adopted on August 2. 1994 (the "Escambia Resolution") authorized the issuance of not exceeding $60,000,000 Single Family Mortgage Revenue Bonds, Series 1995 (Multi -county Program) (the "Bonds"), and has indicated to the Board of County Cominissioners of Indian River County its willingness to exercise its powers in Indian River County to finance single family housing therein as permitted by the Act upon approval of the Board of County Commissioners of Indian River County; and WHEREAS, Section 147(1) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code") requires public approval of certain private activity bonds by an applicable elected representative or governmental unit following a public hearing and the Board of County Commissioners of Indian River County, Florida (the "Board"), constitutes an applicable elected representative or governmental unit; and WHEREAS, pursuant to Section 147(1) of the Code a public hearing has been scheduled before the Board for December 20, 1994, and notice of such hearing has been given in the form required by the Code; and WHEREAS, the Board will on December 20, 1994, hold the public hearing and will provide at such hearing reasonable opportunity for all interested individuals to express their views, both orally and in writing, on the issuance of the Bonds; and WHEREAS, the Board diligently and conscientiously considered all comments and concerns expressed by such individuals; and WHEREAS, the Board desires to express its approval of the action to be taken pursuant to the Escambia Resolution and as required by Section 147(0 of the Code; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Because of the continuing shortage of affordable single family housing and capital for investment therein in Indian River County and the continuing impediments to a bond issue to alleviate such shortages as to single family housing. it is hereby determined that the Board of County Commissioners of Indian River County consents to the Authority exercising its powers to issue the Bonds and to implement a program from a portion of the proceeds of the Bonds to finance single family housing within the statutory boundaries of Indian River County; provided, that the Authority and Indian River County first enter into a written agreement setting forth the powers, duties and limitations of the Authority as they pertain to the use of said bond proceeds within Indian River County and payment of the issuance costs for such Bonds. 29 DECEMBER 6, 1994 F� BOOK 83 PACE ' BOOK U3 FA, L 8S 6 Section 2. In furtherance of the purposes set forth in Section 1 hereof the Chairman or Vice -Chairman and Clerk or Deputy Clerk of the Board are hereby authorized to execute such consents, Intergovernmental, agreements or other documents as shall be required to implement such single family housing program and to provide for payment of Indian River County's proportionate share of costs of issuance of such Bonds, all as shall be approved by counsel to Indian River County. Section 3. The Interlocal Agreement, in substantially the form attached hereto as Exhibit W. and made a part hereof, between Indian River County and the Authority is hereby approved. The officers of Indian River County are. hereby authorized to enter into the Interlocal Agreement on behalf of Indian River County. Section 4. The Board hereby approves, within the meaning of Section 147(f) of the Code, the issuance by the Authority of not exceeding $60,000,000 Single Family Mortgage Revenue Bonds, Series 1995 (Multi -County Program), and such other action to be taken pursuant to the Escambia Resolution. Section 5. All ordinances and resolutions or parts thereof of the Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 6. Adoption of this Resolution does not authorize or commit the expenditure of any funds of Indian River County to a Bonds. py the costs of issuance of such Section 7. This Resolutiot: shall take efiect inninediately upon its adoption. Duly adopted in the lygular Session this 601 day of Deceniber, 1994. INDIAN RIVER COUNTY, FLORIDA J 4;xBy. . i� f - - go an, I3oar))� aunty nmissioners (SEAL) JOHN W. TIPPIN ATTEST: Clerk, Hoard oC Couniy ommis$ioners - 6K. BARTON Indla� River Ce Approved Date /ldmin. legal � ��•�/ 2.� Budge Dep I. — F�isk Mgr. INTERLOCAL AGREEMENT WILL BE PLACED ON FILE WITH THE MORTGAGE PLAN WHEN PROPERLY EXECUTED AND RECEIVED. 30 DECEMBER 6, 1994 "PEAL/L.-POS The Board reviewed a Memorandum of November 28, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To: James Chandler, County Administrator From: Jack Price, Personnel ' Date: November 28, 1994 Sub: Appeal -L. Post . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lorraine M. Post was employed by Indian River County September 1, 1989. She works as an Account Clerk III in Water Production. Her appeal concerns the eligibility of her grandchild for coverage through the employee health care program. Mrs. Post added her daughter (the baby's mother) to her insurance plan as a dependent in June, 1993. In August, 1994 she attempted to add the baby (age 18 months) to her plan as a dependent also. The insurance plan requires that Mrs. Post be legal guardian of the child in order to obtain dependent coverage (attachment "A"). Mrs. Post appealed the matter to you -September 29, 1994 - (ittachment "B") under Section 100.06, Indian River County code. Your meeting with her October 6, 1994 and research of the legal guardianship rule led you to uphold the earlier determination that the grandchild was not eligible for coverage as a dependent. On November 10, 1994 Mrs. Post requested a review of the matter by the Board of County Commissioners (attachment "C"). Since the earlier appeal had been heard under Section 100.06 of the Indian River County code, Assistant County Attorney O'Brien opined that her request to be added to the Board of County Commissioners agenda should be granted (attachment "D"). For information, the health plan does provide for coverage of the children of dependents up to age 18 months. The plan is not funded for the coverage of grandchildren beyond that age and the underwriters don't have data to indicate what the potential exposure would be for the county work force. Any change would normally involve measurement of that liability and funding for it, in addition to the philosophical considerations involved. After discussion regarding the basis for the appeal, Chairman Tippin announced the consensus was that the matter be tabled for one week and instructed staff to obtain a written response from Anthem to bring to that meeting or to have a representative present. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board by a 4-0 vote (Commissioner Eggert being absent), tabled the matter for one week pending an opinion from Anthem, the insurance agent, pursuant to staff's tions. 14 31 BOOK��,, 8 BOOK b 3 F;1: PAVING & DRAINAGE EVIPROVENIENTS TO AND SET PUBLIC HEARING DATE FOR: 791M STREET BETWEEN 101ST AVENUE AND 91ST AVENUE/VERO LAKE ESTATES The Board reviewed a Memorandum of November 22, 1994: TO: THROUGH: FROM: James Chandler County Administrator James W. Davis, P.E. t Public Works Director and Roger D. Cain, P.E. County Engineer �� Michelle A. Gentile, CET Civil Engineer s-� SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for. 79th Street between 101st Avenue and 91st Avenue in Vero Lake Estates DATE: November 22, 1994 The County Public Works Department has initiated a public improvement assessment for road paving and drainage improvements for the following: 79th Street between 101st Avenue and 91st Avenue in Vero Lake Estates in cooperation with the Vero Lake Estates Property Owners Association Road and Drainage committee. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, January 10, 1995 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of County Commissioners. The project cost is $328,126.01. The following revenues are recommended: MSTU Special Assessment DECEMBER 6, 1994 $307,571.75 S-20,554.26 $328,126.01 32 It is recommended that the Board: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the teams outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. _ 2) Allocate $20,554.26 from the Petition Paving Account #111-214-541-03539. 3) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Eggert being absent), allocated $20,554.26 from the Petition Paving Account for the paving and drainage improvements and adopted Resolution 94-154 providing for certain paving and drainage improvements to 79th Street between 101st Avenue and 91st Avenue in Vero Lakes Estates Subdivision. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Eggert being absent), adopted Resolution 94-155 setting a time and place at which the owners of property on 79th Street between 101st Avenue and 91st Avenue in Vero Lake Estates Subdivision and other interested persons may appear before the Board of County Commissioners and be heard. 33 DECEMBER 6, 1994K ., f BOOHU C ':� Providing (Firsi Reso.) RESOLUTION NO. 94- 15 4 INUK , " 1/5/94(ENG)RES 1.MAGgfk A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 79TH STREET BETWEEN IOIST AVENUE AND 91ST AVENUE IN VERO LAKE ESTATES SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvement for 79th Street between 101 st Avenue and 91 st Avenue in Vero Lake Estates Subdivision, in cooperation with the Vero Lake Estates Property Owners Association. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is THREE HUNDRED TWENTY EIGHT THOUSAND ONE HUNDRED TWENTY SIX DOLLARS AND ONE CENT ($328,126.01); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be assessed to the owner at the rate of $2.00 per front foot. The amount to be assessed under the Special Assessment is $20,554.26 which is approximately 60/b of the total estimated cost of the project and the balance of $307,571.75 shall come from other revenue sources; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 206.08, Indian River County Code; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and 34 DECEMBER 6, 1994 � ® r L No. 94-154 WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Lots 16 & 17, Block A, B, C, D, E, F, Unit L, Vero Lake Estates Subdivision; Lots I & 32, Block D, E, F, G, Unit M, Vero Lake Estates Subdivision; Lots 8 & 9, Block C, F, G, J, K, N, O, Unit F, Fero Lake Estates Subdivision; Lots 1 & 16, Block A, D, E, H, I, L, M, P, Unit G, Vero Lake Estates Subdivision; Lots 1 & 16, Block 24, Unit 5A, Vero Lake Estates Subdivision; Lots 1 & 16, Block A, D, E, H, Unit 5G, Vero Lake Estates Subdivision; Tract A, Block 22, Unit 4, -Vero Lake Estates Subdivision; Lot 12, Block 22, Unit 4, Vero Lake Estates Subdivision; Lots 8 & 9, Block 21, 20, Unit 4, Vero Lake Estates Subdivision; East 625 FT of N 1288.8 FT of the NE 1/4 of SW 1/4, Except W 330 FT of S 670 FT thereof. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 79th Street between 101 st Avenue and 91 st Avenue in Vero Lake Estates Subdivision; heretofore designated as Public Works Project No. 9313 is hereby approved subject to the terms outlined above and all applicable requirements of Chapter 206, et seq. Indian River County Code. 35 DECEMBER 6, 1994 -r,; BOOK R JL - BOOK No. 94- 15 4 The foregoing resolution was offered by Commissioner M a c h t who moved its adoption. The motion was seconded by Commissioner A d a m s and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice -Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Commissioner Richard N. Bird Ay ye Commissioner Carolyn K. Eggert Absent The Chairman thereupon declared the resolution passed and adopted this 6 day of Dec. , 1994. DECEMBER 6, 1994 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By'11� �bIfq W. TIPPI04 an ' 36 �3 PAGE S Time and Place (Second Reso.) 1 /5/94(ENG)RES2.MAG\gfk RESOLUTION NO. 94- 15 5 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 79TH STREET BETWEEN 101ST AVENUE AND 91ST AVENUE IN VERO LAKE ESTATES SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO THE. COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No -9-L- 15 4 determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described herein, that paving and drainage improvements be made to said property; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements to said property, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: I. The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9_05 A.M. on T ,esday an , l0 IM, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard to said property. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 37 DECEMBER 6, 1994 BOOK 93 PA�,E 893 BOOK W PAU 84 4 RESOLUTION NO. -.94- 15 5 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner M a c h t , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Absent 38 DECEMBER 6, 1994 _I RESOLUTION NO. 94- 15 5 The Chairman thereupon declared the resolution duly passed and adopted this 6day of December .1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B �— Y OH14 IPI, , Chairman Attachment: ASSESSMENT ROLL CR 512 CORRIDOR IWROVEMENTS/CHANGE ORDER NO. 2/PRO.TECT 8612 The Board reviewed a Memorandum of November 30, 1994: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E Public Works Direct. FROM: Roger D. Cain, P.E. County Engineer SUBJECT: DATE: Change Order Number 2, CR 512 Corridor Improvements Project 8612 November 30, 1994 39 DECEMBER 6, 1994 BOOK 93 PAA9 BOOK W PAa 896 DESCRIPTION AND CONDITIONS As the Board of Commissioners will recall there was difficulty in determining the correct earth work quantities during contract bidding. The figures were revised based on survey work done by the county to check the ditch relocation. These figures were not adjusted in order to provide a safety factor, other than for the expected shrinkage factor, so that imbalanced bids could not be submitted. All possible sources of fill from the job have been used except from the ditch construction on the south side of CR 512, and it is clear more earth will be needed to complete the job especially the berm construction. The current contract amount including Change Order 1 is $2,752,616.24. This Change Order for up to 12500 CY of Borrow and $31,750.00 makes the new contract amount $2,784,366.24. This Change Order includes the full cost of maintenance dredging of the Collier Creek area in the County Right of Way which was requested as additional work by the county, and amounted to $3,300 which was all included in the Borrow item 120-2-3 as that item was used to build an access ramp to the area of work. ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alternative 1: Approve Change Order 2 to the contract and authorize the Chairman to execute Change Order 2 on behalf of the Board. Alternative 2: Do not approve the change order. RECOMMENDATION AND FUNDING Staff recommends Alternative 1, funding to be from account number 101-153-541-067.38. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board by a 4-0 vote (Commissioner Eggert being absent), approved Change Order No. 2 with Martin Paving Company in the amount of $31,750, as recommended by staff. CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD INDIAN RIVER BOULEVARD PHASE IV CONSTRUCTION MATERIALS TESTING The Board reviewed a Memorandum of November 28, 1994: 40 DECEMBER 6, 1994 TO: James Chandler County Administrator _ THROUGH: James W. Davis, P.E. Public Works Director�� FROM: Terry B. Thompson, P. Capital Projects Manager SUBJECT: Indian River Boulevard Phase IV Construction Materials Testing DATE: November 28, 1994 Construction of Indian River Boulevard Phase IV is complete. Professional Service Industries is requesting final payment consisting of the 10% retainage in the amount of $6,902.06. Staff recommends that the Board release final payment in the amount of $6,902.06. Funding is from account 309-215-541-033.13, Indian River Boulevard Phase IV. y 11 ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Eggert being absent), released final payment in the amount of $6,902.06 to Professional Service Industries, Inc., as recommended by staff. WATER EXPANSION PLAN/PHASE N/RESOLLTION I & H The Board reviewed a Memorandum of November 28, 1994: 41 DECEMBER 6, 1994 Boa Ih�JI VJ _ BOOK W FACE 898 DATE: NOVEMBER 28, 1994 TO: JAMES E. CHANDLER Location COUNTY ADMINISTRATOR 1 371 FROM: TERRANCE G. PINTO to 84th Ct. DIRECTOR OF UTI VICES 2 487 PREPARED JAMES D. CHASTAI AND STAFFED MANAGER OF ASSES NT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN - PHASE IV SW to 18th Ave., SW RESOLUTIONS I AND II 2A INDIAN RIVER COUNTY PROJECT NO. UW -93 -32 -DS BACKGROUND On October 23, 1990, the Indian River County Board of County Commissioners gave conceptual approval of the installation of water facilities as part of the water main extension growth plan. The Department of Utility Services has developed a phased plan to meet the Comprehensive Plan requirements. Phase I was completed in January 1993, Phase II in December 1993, and Phase III in July 1994. On November 9, 1993, the Board of County Commissioners approved proceeding with proposed Phases IV, V, and VI (see attached agenda item and minutes). On September 28, 1993, the Board of County Commissioners approved continuing service agreements for design, construction, and inspection services for water projects with: H. F. Lenz Company Masteller and Moler, Inc. Carter Associates, Inc. H. F. Lenz Company was selected for these services on Phase IV. We are now ready to begin the assessment process associated with this project (see attached minutes and agenda item). ANALYSIS Attached are Resolutions I and II for the assessment project. The project will generally serve the following described areas: Subdivision -------------------------------------------------------------------- Unit Lots IDs Location Paradise Park 1 371 247 90th Ave. to 84th Ct. 2 487 329 20th to 26th Streets Oslo Park 2 197 152 9th Ct., SW to 18th Ave., SW 2A 92 71 11th St. to 13th St., SW 2B 271 215 Pompeys 25 13 9th Ct., SW/south of Oslo Metes and Bounds Road/9th Street, SW (nonplatted) Acreage Parcels 30 30 Various - throughout the -------------------------------------------------------------------- above Totals 1,473 1,057 The total estimated project cost is $1,804,740.12. The total estimated cost to be assessed is $1,484,487.37, ($1,804,740.12 less a non -assessed Master Plan transmission main cost of $320,252.75). The total estimated cost per square foot is $0.149617. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. 42 DECE MER 6, 1994 J Ninety-eight and one half percent (98.5%) of the properties are substandard or "undersized," according to Indian River County's Comprehensive Plan and the County Public Health Unit, Division of Environmental Health, which require that new lots utilizing well and septic systems be a minimum of one-half acre. If served by a public water system, the lot may be reduced to one-quarter acre in size. Lots not meeting these minimum standards are called "undersized lots." RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolutions I and II and set the public hearing date. Administrator Chandler advised the Board that the public hearing date should be extended from January 3, 1995, to January 10, 1995. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board, by a 4-0 vote (Commissioner Eggert being absent), adopted Resolution 94-156 providing for Phase IV of the water Main Extension Growth Plan, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically served. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board, by a 4-0 vote (Commissioner Eggert being absent) adopted Resolution 94-157 setting a time and place at which the owners of properties located generally in various subdivisions off Oslo Road, and other interested persons, may appear before the Board of County Commissioners and be heard. 43 DECEMBER 6, 1994 BOOUL SW F Providing (First Reso.) 1 11 / 22 / 94 (reso / phase4) Vk / DC RESOLUTION NO. 94- 156 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PHASE IV OF THE WATER MAIN EXTENSION GROWTH PLAN; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has deter- mined to defray the cost thereof by special assessments against certain properties to be serviced by Phase IV of the Water Main Extension Growth Plan, located generally in various subdivisions off Oslo Road hereinafter referred to as Project No. UW -93 -32 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that Phase IV of the Water Main Extension Growth Plan shall be installed in 1,057 properties, which are located generally as described above, and the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of the Code of Indian River County. 2. The total estimated project assessment cost of the above-described improvements is shown to be $1,484,487.37 or $0.149617 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. 3. A special assessment in the amount of $0.149617 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid n full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. DECEMBER 6, 1994 L 44 RESOLUTION NO. 94- 1 5 6 If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1J2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest at a rate of 8% from the Credit Date until paid. 5. There is presently on file , with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. G. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution (along with a map showing the areas to be served) to be published- at least one time in the Vero Beach Press Journal before the public hearing required by Section 206.04. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Bi rd 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 Absent Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of December , 1994. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA l, By. ,L4 , John W: pin C . �/ Chairman 45 DECEMBER 6, 1994 BOOK BOOK Q r 4 'A , y_ Time and Place (Second Reso.) 11/22/94(reso/phase4)Vk/DC RESOLUTION NO. 94- 15 7 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN VARIOUS SUBDIVISIONS OFF OSLO ROAD, AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCT- ING PHASE IV OF THE WATER MAIN EXTENSION GROWTH PLAN, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 94- 156, determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed in approximately 1,057 properties hereinafter described; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.149617 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons Interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers.. in the County Administration Building at the hour of r 9:05 a.m. on Tuesday, January 10, 1995, at which time the owners 46 DECEMBER 6, 1994 M ® M RESOLUTION NO. 94-157 of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the. special assessments. 2. All -persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m. until 5:00 p.m. 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. 47 DECEMBER 6, 1994 O BOOKW PAG, 904 The resolution was moved for adoption by Commissioner mom, and the motion was seconded by Commissioner _,_ •,�_, and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Vice Chairman Kenneth R. Macht Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams A b s e n t Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of December 1994. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA By —Q�IAC4 I -d r . ,Bar ttachment: ASSES S1IQENT ROLL, 48 DECEMBER 6, 1994 WEST REGIONAL WASTEWATER TREATMENT PLAN EXPANSION/CHANGE ORDER NO. 1 The Board reviewed a Memorandum of November 28, 1994: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: BACKGROUND NOVEMBER 28, 1994 JAMES E. CHANDLER COUNTY ADMINISTRA' TERRANCE G.PINT DIRECTOR OF UTI WILLIAM �2 Mcg TN WEST RKGIONA CHANGE ORDER INDIAN RIVER CES 'TS ENGINEER UTILITY SERVICES WASTEWATER TREATMENT PLANT EXPANSION NO. 1 COUNTY PROJECT NO. US -93 -04 -DC on August 23, 1994, the Indian River County Board of County Commissioners awarded the above -referenced project to J. J. Kirlin in the amount of $5,441,000.00 originally, this contract did not include the landscaping work required for the storm water retention area, discharge pipe or the associated concrete structures. This work was to be part of the wetlands project. As a result of delays in acquiring the D.E.P. permits for the wetland construction, the time tables for the two projects no longer properly coincide. This does not allow us to leave the above work to be completed with the wetlands construction. Therefore, we wish to proceed with a change order to the J. J. Kirlin contract for this work. As a note of interest, the lateral zone plantings for the storm water retention pond will still be handled within the scope of the wetland project. ANALYSIS We have negotiated a change order for the above work in the amount of $70,671.10.. It is the opinion of both Malcolm Pirnie (see attached letter of recommendation), the wetlands engineer and the utilities staff that this negotiated cost is substantially lower than the cost for this work under standard bid conditions. A detailed breakdown of costs can be found on page one of the attached Malcolm Pirnie letter dated November 8, 1994. We have not included sodding, seeding, mulch or landscaping in this change order as we feel this work (or portions thereof) can be accomplished in a more cost effective manner through the local landscaping business on a quote basis. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Change Order No. 1 with J. J. Kirlin as presented. 49 DECEMBER 6, 1994 BOOK 93 FADE 905 BOOK ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board, by a 4-0 vote (Commissioner Eggert being absent), approved Change Order No. 1 with J. J. Kirlin in the amount of $70,671.10, as recommended by staff. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SOUTH COUNTY R.O. PHASE II/FINAL PAY REOUEST AND FINAL CHANGE ORDER The Board reviewed a Memorandum of November 10, 1994: DATE: NOVEMBER 10, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERV E PREPARED WILLIAM F. IN AND STAFFED CAPITAL CTS ENGINEER BY: DEPAR O UTILITY SERVICES SUBJECT: SOUTH COUNTY R.O. PHASE II FINAL PAY REQUEST AND FINAL CHANGE ORDER INDIAN RIVER COUNTY PROJECT NO. UW -91 -17 -WC BACKGROUND - 93 PACUL 906 On November 10, 1992 the Indian River County Board of County Commissioners awarded the above -referenced project to Wharton -Smith, Inc., in the amount of $2,345,000.00. Previous change orders approved by the Board of County Commissioners increased the contract by $6,740.85, making the current total $2,351,740.85. As a result of problems with the general contractor's instrumentation subcontractor, the substantial completion date exceeded the contract by 270± days. The County has incurred additional engineering costs as a result of this delay as well as additional in-house costs. The engineer, contractor, and the County have negotiated a damage settlement in an effort to bring the project to a close. Details of this settlement are presented in the analysis portion of this document. ANALYSIS The final change order is in the amount of - <$77,117.00>. The proposed distribution of these funds are as follows: * 1. Additional engineering < $64,000.00 > ** 2. Balance of additions and deletions < $ 2,117.00 > within the contract 3. Additional cost in County personnel < $11,000.00 > _- DECEMBER 6, 1994 s � � * This figure -represents approximately 60% of actual incurred engineering costs. ** This figure includes a credit of $22,000.00± for schooling on plant process computer equipment and pump drives. (See schedule for Item No. 2 attached in change order) There was extensive overlap of operational schooling requirements between the North County R.O. Phase I and this project. In the North County project, certificates for training classes were acquired by the County, with travel costs to these classes to be covered by the Utilities Department. As previously planned, we now wish authorization to expend monies from Items 2 and 3 for these travel costs, for a total of $7,000.00. Final payment will then be as follows: I. Existing applicable contract amount $2,351,740.85 2. Final contract price - 2,274,623.85 3. Engineering fee compensation - 64,000.00 4. Course training/transportation fees - 7,000.00 * Total final contract expenditure $2,345,623.85 * This amount is $6,117.00 under the previously approved contract total. Any monies not utilized specifically for plant process computer or pump drive training will be returned to the impact fee fund account. A copy of the engineer's recommendation and accompanying back-up are attached to this document. The staff of the Department of Utility Services recommends that the Board approve the final change order, contractor pay request, engineer's pay request, and final contract expenditure as presented. Capital Project Engineer Will McCain presented a brief overview of the matter and explained that they are asking for $7,000 to be applied to travel expenses relating to operational schooling requirements for the North County R. O. Phase I and this project. He further stated that any funds not used for this purpose would be returned. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Eggert being absent), approved the final Change Order in the amount of -<$77,117.00>1 as set out in staff's recommendation. FINAL CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 51 DECEMBER 6, 1994 y BOOK U PAOL VV Boor 'Jc ;;k. �'0d M - F INDIAN RIVER HOLDINGS, INC. CAASTER PLANNED WATER MAIN CONSTRUCTION DEVELOPER'S AGREEMENT - The Board reviewed a Memorandum of November 15, 1994: DATE: NOVEMBER 15, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILIT VICES PREPARED WILLIAM F. IN AND STAFFED CAPITAL PR NEER BY: DEPA%0 9�ILITY SERVICES SUBJECT: M - F INDIAN RIVER HOLDINGS, INC. MASTER -PLANNED WATER MAIN CONSTRUCTION DEVELOPER'S AGREEMENT BACKGROUND M - F Indian River Holdings, Inc., unit subdivision on the west side of 12th Street. (See Exhibit agreement.) To supply water to Master -planned water line must be shown. As provided for in Indian we wish to reimburse the developer ANALYSIS is preparing to construct a 180 of Indian River Boulevard, north A in the attached developer's this development, a 16 -inch constructed on the Boulevard as River County Ordinance No. 91-9, for this construction. As outlined in the attached agreement, the total estimated project cost is $59,060.00, of that cost $53,492.24 would be the County's responsibility (see Exhibit B of the attached agreement). The developer's share of the project is $5,567.76. For specific details of the agreement, please see attached. Funding for this project will be from the impact fee account. RECOMMENDATION The staff of the Department of Board of County Commissioners agreement as attached. DECEMBER 6, 1994 Utility Services recommends that the approve the proposed developer's 52 ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board, by a 4-0 vote (Commissioner Eggert being absent), approved the Agreement with M - F Indian River Holdings, Ltd. in the amount of $53,685.20, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DEVELOPER'S AGREOVIENT/PALM GARDENS CHILDREN'S HOME The Board reviewed a Memorandum of November 28, 1994: DATE: NOVEMBER 28, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TER;;i:1OUF CE PINT DIRTI VICES PREPARED WI cCAIN AND STAFFED CA S ENGINEER BY: D U SERVICES SUBJECT: DEVELOPER'S AGREEMENT WITH PALM GARDENS CHILDREN'S HOME BACKGROUND This facility requires connection to public water service and is also in an area for future water assessment projects. In order to expedite the facilities water connection, and in keeping with the Utilities Department's policy of system expansion, we wish to enter into an agreement with the developers for construction of the proposed water line. The proposed line runs north on 48th Avenue from 41st Street to 43rd street. (See attached exhibit in the accompanying developer's agreement). ANALYSIS The total projected cost of this project is $25,950.00, the developer's share is based on $6.51 (line extension charge) per front foot and totals $2,604.00. The County Utilities Department will cover the remaining cost of $23,346.00. This cost will be recovered through a future planned assessment of this area. Palm Gardens Children's Home further agrees to pay any additional amount over $2,604.00, due at the time of the assessment. Funding for this Droiect will be from the impact fee nccnunt. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the developer's agreement as presented. ___ 53 DECEMBER 6, 1994 BOOKUJLij BOOK b3 Ft. 6x 91 i_ ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board, by a 4-0 vote (Commissioner Eggert being absent), approved the Agreement with Palm Gardens Children's Home in the amount of $23,346.00, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9TH COURT WATER LINE EXTENSION The Board reviewed a Memorandum of November 21, 1994: DATE: NOVEMBER 21, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRA' FROM: TERRANCE G. PINTO/.\ PREPARED H. AND STAFFED ENVIRONMENTAL'ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: 9TH COURT WATER LINE EXTENSION INDIAN RIVER COUNTY PROJECT NO. UW -94 -11 -DS BACKGROUND On October 25, 1994, the Indian River County Board of County Commissioners approved the subject project at an estimated cost of $35,000. .The project is to provide much needed water to residents of 9th Court. ANALYSIS Due to the poor quality of well water, it is desired to accelerate the construction through the use of our labor contractor. Costs of materials and labor are estimated to be $9, 991.01 from Davis Meter, and $12,164.19 by Driveways, Inc., for a total construction cost of $22,155.20. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the construction of the subject water line by Indian River County's Labor Contractor, Driveways, Inc., and requests the Board's approval of the attached agreement to proceed. 54 DECEBER 6, 1994 ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board, by a 4-0 vote (Commissioner Eggert being absent), approved construction of the subject water line by Driveways, Inc. in the amount of $12,164.19; as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD HELEN HANSEN PARK LIGHTING/ROSELAND The Board reviewed a letter of November 17, 1994: ROS Dear Mr Bird, I.. VOL UN T 11 �'�w' i • .1 blas .. � � '• �� EPA RTNENT'40' ST OFFICE' BOX 164 � LAND, FLORIDA 32957; IO PHONE EMERGENCY 911 BUS. (407) 589-8085 November 17, 1994 This letter is to request the subject of, a lig}it to be erected at the Helen Hansen Park in Roseland, at your December 1, 1994 meeting. I spoke with Pat Callahan briefly about the park being too dark. Area residents are unable to see loiterers."Thankyou for addressing this problem. Thank You In Advance Margaret D. Hearndorn Roseland, Fl. home ph. # 589-9046 55 DECEMBER 6, 1994 BOOK W PAGE l GOOK FACE> Commissioner Bird commented that requests have been received from Roseland residents for the erection of lights at Helen Hansen Park. He felt that the lighting is needed. Public Works Director Jim Davis felt that the lighting cost should come from the Parks budget instead of the street lighting district and asked the Commissioners to change the recommendation to include funding from the Park Fund. He stated the cost would be only about $180 per light per year. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Eggert being absent) approved the lighting for Helen Hansen Park, with funding from the Park Fund. GENERAL DISCUSSION Commissioner Bird advised that a recent newspaper article stated in error that the matter of the Wabasso Causeway boat rentals was on the agenda for today. He met with the individual who was interested in the rental endeavor and told him to make application for a license through the proper County staff. To date no application has been made. Until a proper application has been filed and the proper staff recommendations complied with, nothing will happen. Commissioner Bird also felt the Commission should go on record applauding the.Vero Beach Fighting Indians football team, wishing them the best of luck, and encouraging them to go on to the state championship. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would convene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 56 DECEMBER 6, 1994 _I There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:01 a.m. TO ippi , hai an Minutes Approved: /-/0-95- 57 -/U-/`- 57 DECEMBER 6, 1994 B,OOK FA,L �t r+U, ' TO ippi , hai an Minutes Approved: /-/0-95- 57 -/U-/`- 57 DECEMBER 6, 1994 B,OOK FA,L