HomeMy WebLinkAbout4/11/1995MINUTES ,ACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, APRIL 11, 1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman ( Dist. 3 )
Fran B.. Adams, Vice Chairman ( Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
John W. Tippin (Dist. 4)
9: 00 A. M. 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
PAGE
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
• 7.F. Support for Cultural Facilities Grant for
Riverside Theater
• 12. Postponement of Countryside Mobile Home Park North,
public hearing April 18, 1995
• 13.A.1. Recommendations on unfunded mandates
• 13.A.2. Resolution opposing proposed legislation on expansion of
special risk categories in retirement plan
• 13.B.2. Landscape Maintenance Association concerns
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A.
Approval
of Minutes
- Meeting
of 3/14/95
B.
Approval
of Minutes
- Meeting
of 3/21/95
7. CONSENT AGENDA
A. Received S Placed on File in Office of Clerk
to the Board:
(1) I.R. Mem. Hosp. Annual Report
(2) Comprehensive Annual Financial Report,
Fiscal Y4ar 10/1/93 thru 9/30/94
(3) Fla. Inland Navigation District
Special Dist. Financial Report FY 93-94
(4) Report of Convictions, Month of March, 1995
B. Legal Advertising Services - RFP 5058, Bid Award
(memorandum dated April 3, 1995)
C. Award Bid #5051 / Jungle Trail Water Main
( memorandum dated April 3, 1995 )
D. Oak Point S/D - Modification to Contract for
Construction of Required Improvements
( memorandum dated March 29, 1995 )
��:k 94/ . o 4 X/
ppr,- eek '� -�' , 6
7. CONSENT AGENDA (cont'd. ): PAGE
E. Release and Substitution of Conservation
Easement - Lindsey Lanes Subdivision
( memorandum dated March 30, 1995 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
Request by William A.- Canty that Commission
Generate Resolution Endorsing Use of Sites
on L.A.A.C. List
( letter dated April 4, 1995 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. CR512 Corridor Improvements, Change Order
No. 5
(memorandum dated April 4, 1995)
2. Authorization to Surplus Traffic Counters
and Transfer Ownership to the City of Vero
Beach Engineering Dept.
( memorandum dated March 31, 1995 )
3. Resolution in Support of Environmental
Learning Center Application for FIND
Grant - Phase IV
( memorandum dated March 31, 1995 )
11.. DEPARTMENTAL MATTERS (cont'd. ): PAGE
G. PUBLIC WORKS cont'd.
4. Indian River County/Vero Beach PEP Reef
FDEP Wetlands Resource Permit
(memorandum dated April 5, 1995 )
H. UTILITIES
1. Sewer Service to SR 60 and 90th Ave.
Resolution IV - Final Assessment
( memorandum dated March 30, 1995 )
2. Hobart Landing Water Line Replacement
( memorandum dated March 28, 1995 )
3. Telemetry System Upgrade for Water Plants
and Distribution System
( memorandum dated March 29, 1995 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MACHT
B. VICE CHAIRMAN FRAN B. ADAMS
Roseland Women's Club Refurbishing
( memorandum dated April* 4, 1995 )
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER JOHN W. TIPPIN
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
Fr- Poo k 9 414,91 -D
14. SPECIAL DISTRICTS (cont'd. ): PAGE
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 3/14/95
2. Award Bid #5048 / Trommel Screen
( memorandum dated March 28, 1995 )
( postponed from meeting of 4/4/95)
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE
MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, April 11, 1995
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, April 11, 1995,
at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Richard N.
Bird; Carolyn K. Eggert; and John W. Tippin. Fran B. Adams, Vice
Chairman arrived at 9:04 a.m. Also present were James E. Chandler,
County Administrator; Charles P. Vitunac, County Attorney; and
Patricia Ridgely, Deputy Clerk.
The Chairman called the meeting to order, and County Attorney
Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDATMERGENCY ITEMS
Chairman Macht requested addition of items 7.F., Support for
Cultural Facilities Grant for Riverside Theater, 13.A.1.,
Recommendations on unfunded mandates, and 13.A.2., Resolution
opposing legislation on expansion of special risk categories in our
retirement plan.
Commissioner Eggert, on behalf of Commissioner Adams,
requested addition of item 13.B.2., Landscape Maintenance
Association concerns.
County Attorney Vitunac asked addition of item 12.,
postponement of public hearing scheduled for April 18, 1995,
concerning the Countryside Mobile Home Park North.
(Commissioner Adams entered the meeting at 9:04 a.m.)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously added
the above items to the Agenda.
1 9 8
BOOK �F�.��t
April 11, 1995
BOOK 9 4F'uE�
APPROVAL OF N SUTE..S
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of March 14, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board approved the
Minutes of the Regular Meeting of March 14,
1995, as written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of March 21, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board approved the
Minutes of the Regular Meeting of March 21,
1995, as written.
CONSENT AGENDA
Commissioner Adams requested the removal of Item 7.C. and
Chairman Macht requested the removal of Item 7.B. for discussion.
A. Reports
The following reports have been received and placed on file in
the office of the Clerk to the Board:
1. Indian River Memorial Hospital Annual Report
2. Comprehensive Annual Financial Report, Fiscal Year
10/1/93 through 9/30/94
3. Florida Inland Navigation District, Special District
Financial Report FY 93-94
4. Report of Convictions, Month of March, 1995
E
April 11, 1995
B. Legal Advertising Services - Award Bid #5058
The Board reviewed a Memorandum of April 3, 1995:
DATE: APRIL 3, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICE
SUBJECT: LEGAL ADVERTISING SERVICES - RFP 5058
BID AWARD
BACKGROUND:
Indian River County had a contract with the Press Journal newspaper
to provide legal advertising which expired on March 1, 1995. At
that time the price was increased from $7.50 to $10.62 per column
inch or about 41.5%.
Mr. Darryl Hicks of the Press Journal advised that he could not
continue the old contract nor provide special prices to the County
unless it was a bid item. Based on this information the subject
RFP was issued.
ANALYSIS:
Since there is only one newspaper in the County that meets the
qualifications as specified in the Florida Statues, we received
only one bid.
Press Journal
First Advertisement $9.56
Subsequent Advertisements $7.18
RECOMMENDATIONS:
Staff recommends award of the contract with the Press Journal for
one year, as per the rates listed above.
Chairman Macht asked for an explanation of the first
advertisement price versus the subsequent advertisements price, and
General Services Director Sonny Dean advised it was his
understanding that it cost $9.56 the first time an advertisement
was run and $7.18 to rerun it.
A short discussion followed on the high cost of advertising,
and Administrator Chandler advised the cost of last year's legal
advertising was $33,995; with this bid it would increase to
$43,344, a significant increase; with their original increase, it
would have been $48,000 per year.
3 600K 9 Fi- 824
U
April 11, 1995
Q
BOOK PA jE K
9-
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
awarded the contract to the Press Journal for
one year, at the rates set out in staff's
recommendation.
C. Award Bid #5051 / Jungle Trail Water Main - Derrico Construction
The Board reviewed a Memorandum of April 3, 1995:
ATE: April 3, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admi istrator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5051/Jungle Trail Water Main
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Advertisement Mailed to:
Replies:
Statement of "No Bids"
VENDOR
Derrico Construction
Melbourne, FL
Tim Rose Construction
Ft Pierce, FL
JoBear, Inc
Palm Bay, FL
Strickler Brothers
Ft Myers, FL
W.C. Rose Contracting
Seffner, FL
Martin Paving
Vero Beach, FL
Tri -Sure Corporation
Auburndale, FL
TOTAL AMOUNT OF BID
March 15, 1995
Feb 16, 23, March 2,9, 1995
Twenty Seven (27) Vendors
Seven (7) Vendors
-0-
BID TOTAL
$124,738.50
$137,152.10
$156,209.00
$167,955.00
$170,175.05
$170,245.00
$179,080.00
$124,738.50
SOURCE OF FUNDS Utilities Impact Fees -
472-000-169-208.00
ESTIMATED BUDGET
4
April 11, 1995
$ 95,000.00
RECOMMENDATION
Staff recommends that the bid be awarded to Derrico
Construction as the lowest, most responsive and
responsible bidder meeting specifications as set forth
in the Invitation to Bid. (See attached memo),In addition,
staff requests Board approval of the attached Agreement as
to form, when all requirements are met and approved by the
County Attorney.
Commissioner Adams asked if the higher cost was attributed to
the improvement project; if we were required to use ductile iron
pipe in lieu of PVC, which increased the costs; and if we had any
leverage or ability to deal with DOT to remove some of the
restrictions.
Utility Services Director Terry Pinto responded that when
working with Jungle Trail, it was like working on "holy ground"
noting that the contractors were extremely concerned about what was
going to happen restoration -wise. They had attempted some
negotiations, but it was a lost cause.
Commissioner Adams asked why ductile iron pipe was required,
and Director Pinto advised it was where the pipeline would be
located and because of the water table in that area.
Chairman Macht believed it was not logical to have ductile
iron pipe, since ferrous material oxidizes in a wet atmosphere.
'Commissioner Bird clarified that was why we had to wrap it.
Director Pinto explained there were those who believed ductile
iron pipe would withstand more pressure, was less apt to break, and
was a better pipe. Those theories would be argued�by the makers of
the plastic pipe. Director Pinto added that part of the concern
was because of future improvements to the road.
Commissioner Adams could not understand the logic, but knew
the cost had been driven up by 300; she wanted to know what could
be done to reduce it.
Chairman Macht thought local engineering practice should
prevail from a practical standpoint, based on experience, and would
be surprised if engineering experience in that field would not
dictate use of plastic pipe as a much more prudent, cost-effective,
and long-lasting procedure.
Commissioner Adams asked if there was something the Board
could do to help DOT change their requirements.
Capital Projects Engineer Bill McCain, advised that these
concessions resulted from many meetings with DOT, with some
involvement from Public Works on the improvement projects which
will be taking place on that portion of Jungle Trail. He explained
that typically DOT requests that ductile iron pipe be utilized,
5 BOOK 9
April 11, 1995
BOOK 94 mGc 827
when. they have drainage improvements of unknown quantity and
unknown size, to avoid any damage to the line when they come along
with their culvert pipes for the future drainage structure. In
looking at their preliminary plan layouts for the crossing
drainage, six inches in depth was required to avoid future
conflicts and relocation of that pipe. They also made the request
that we utilize the ductile, so that we would have more protection
on our pipe when they do their excavation for those future
improvements. This is not something that was necessarily mandated
by them; it was as a result of working in conjunction with them to
come up with something that they felt suitable and would
accommodate their future needs.
Mr. McCain added that the ductile iron pipe would not be
likely to be broken by a backhoe, but PVC piping would be, and the
coatings will prevent any corrosion problems.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
awarded the bid to Derrico Construction and
approved the Agreement as to form, when all
requirements are met and approved by the
County Attorney, as set out in staff's
recommendation.
CONTRACT ON FILE IN OFFICE OF CLERK TO THE BOARD
D. Oak Point S/D - Modification to Contract for Construction of Required
Improvements
The Board reviewed a Memorandum of March 29, 1995:
TO: The Board of County Commissioners
FROM: wC, William G. Collins II - Deputy County Attorney
DATE: March 29, 1995
SUBJECT: Oak Point Subdivision - Modification to Contract for
Construction of Required Improvements
Oak Point Corporation, the developer of Oak Point Subdivision, wishes to
modify the Contract for Construction of Required Improvements between the
developer and Indian River County dated November 8, 1994 to extend the
date for completion of the required improvements to July 31, 1995.
April 11, 1995
6
F-- ---,,
-1
Per developer's request, Barnett Bank of the Treasure Coast has provided
the County with an acceptable amendment to its existing letter of credit,
extending the expiration date of the security posted under the original
Contract for Construction of Required Improvements, copy attached.
REQUESTED ACTION:
Approve the attached Modification to Contract for Construction of Required
Improvements No. SD -93-09-08-A to extend the completion date to July 31,
1995, and authorize the Chairman to execute same.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the Modification to Contract with Oak
Point Corporation for Construction of Required
Improvements No. SD -93-09-08-A extending
completion dated to July 31, 1995.
COPY OF MODIFICATION TO CONTRACT IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E. Release and Substitution of Conservation Easement - Lindsey Lanes
Subdivision
The Board reviewed a Memorandum of March 30, 1995:
TO: The Board of County Commissioners
FROM: ems/ William G. Collins II - Deputy County Attorney
DATE: March 30, 1995
SUBJECT: Release and Substitution of Conservation Easement - Lindsey
Lanes Subdivision
On July 26, 1994 at its regular meeting, the Board of County Commissioners
approved the concept of creating a 3 -1 -acre - native upland "land bank", to be
utilized in future situations where circumstances within the Lindsey Lanes
Subdivision require the release of any platted conservation easements.
A request has been received to debit the land bank by 750 square feet and
for the release of the existing conservation easement on Lot 7, Block A,
Lindsey Lanes Subdivision, Phase I.
RECOMMENDATION:
Authorize the Chairman to execute the Release and Substitution of
Conservation Easement from Lot 7, Block A, Lindsey Lanes Subdivision,
Phase I to the land bank placed under conservation easement on August 5
1994 and as recorded at O.R. Book 1030, Page 428, Public Records of Indian
River County.
7 6
April 11, 1995 BOOK
J
BOOK 94 Ptd F. 82_9
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the Release and Substitution of
Conservation Easement from Lot 7, Block A,
Lindsey Lanes Subdivision, Phase I, to the
land bank placed under conservation easement
on August 5, 1994, and -as recorded at O.R.
Book 1030, Page 428, Public Records of Indian
River County, as recommended by staff in
memorandum.
COPY OF RELEASE AND SUBSTITUTION OF CONSERVATION EASEMENT
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
F. Cultural Facilities Grant - Riverside Theater
The Board reviewed a FAX message dated 4/10/95:
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DATA
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COMPANVt
FAX wt
FROM
FAX #I 407 -Mr 898
M OF PAOE$% vx
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8
April 11, 1995
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved a letter in support of Riverside
Theater's Cultural Facilities Grant
application, as requested.
Telephone: (407) 567-9000
April 11, 1995
.BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Fern Reach, Florida 32960
Mr. Joe Reiter, Chairman
and Members of the Florida Art Council
Division of Cultural Affairs
Florida Department of State
The Capitol
Tallahassee, Florida 32399-0250
Dear Mr. Reiter:
Riverside Theatre has stood for the past twenty-one years as the
cultural core of Indian River County and environs. We at the
County Commission support Riverside Theatre's request to continue
to serve its growing audience with the renovations necessary to
make it accessible to all patrons, regardless of age or infirmity.
We hope that serious consideration will be 'given to their grant
application so that our residents and many visitors can continue to
enjoy the fine experience of live theatre that.Riverside Theatre
most capably supplies.
Thank you for your consideration.
Since ely,
/r
R eth R. Macht
Chairman
Indian River County
Board of County Commissioners
9 BOOK 0 4 PAU030
April 11, 1995
BOOK 94 83
RESOLUTION ENDORSING USE OF SITES ON L.A.A.C. LIST -
MITIGATION OF WETLANDS FOR SR -60 WIDENING PROJECT
The Board reviewed a letter of April 4, 1995:
SRA' . .%utheast Realty Advisors, inc.
Rcal Estaic Dmlopmcnt and imcstment
Via Facsimite:407-770-5095
Jim Chandler April 4. 1995
County Administrator
1840 255th %ftet
`aero Beach, Florida 32960
Dear Nft. Chandler:
We would like to address the County rommiminn during the public discussion
segsucut of their April 11, 1995 macting, to request that they generate a resolution,
addressed to the St. John's River Water Management District and D.O.T., amclursus the
use of sites on the L A.A.C. list that arc included in joint purchase agmements with
SJRWMD, ac mitigatinn kites for D.O.T.'s State Road 60 project.
Give me a call at 407-3$0-9072 with any questions.
Very truly rutm,
WilliamA. Canty
4802 Distribution Court • Suite 7 • Orlando, FL 32822 • (407) 360.9072 - Fax (407) 390-7532
William A. Canty, 4802 Distribution Court, Orlando, requested
that the Board generate a resolution addressed to Florida
Department of Transportation (FDOT) and the St. Johns River Water
Management District (SJRWMD) endorsing the use of LAAC sites for
mitigation for SR -60, specifically those cites identified by LAAC
as joint purchase sites by the SJRWMD. He believed it would have
economic benefit, help save lives, and be a judicious use of funds,
particularly if there was FDOT reimbursement.
Commissioner Bird asked how it would work in reality, and
Public Works Director Jim Davis explained there was no specific
plan, that it would be possible for FDOT to purchase it outright
and provide the site to SJRWMD, in which case the County would
receive the main benefit (the preservation of the site). It also
might be possible for the SJRWMD and the County to buy a site,
10
April 11, 1995
� s �
through joint purchase agreements, and then be reimbursed by DOT.
Chairman Macht favored a very general resolution to give more
flexibility in using County -acquired environmental sites for
mitigation, which would save the taxpayers a great deal of money.
Chief of Environmental Planning Roland DeBlois thought the
procedures in the land acquisition guide already promoted shared
management, including mitigation sites, and he believed adopting a
resolution would serve no particular purpose other than reinforcing
what is already in place.
Mr. DeBlois recommended it was not appropriate to be talking
about specific mitigation projects over which the County has no
control and especially any particular sites that may be under
negotiation.
Chairman Macht advised that particular sites were not being
discussed. It was his understanding that Mr. Canty is asking for
a general resolution giving the County more flexibility in making
environmentally acquired sites available as mitigation for projects
within the county.
Commissioner Eggert supported a resolution to encourage SJRWMD
and FDOT to look at our list. She also was concerned with taking
large areas off the tax rolls.
Commissioner Adams thought $8 million had been earmarked for
the purchase and believed that a purchase of acreage in the marsh
would have a lesser impact on ad valorem taxes. She asked Mr.
Canty if he owned some sites on the LAAO list, and he advised he
did and thought everyone knew it.
Chairman Macht asked if there was consensus to ask staff to
draft a resolution (for consideration at a subsequent meeting)
supporting the use of County -owned environmental lands for
mitigation of county projects.
Discussion ensued during which Commissioner Adams agreed to a
general resolution. Commissioner Bird thought it should be broad
and simple. Chairman Macht thought it should be directed to FDEP
and Commissioner Eggert thought it should be sent to FDOT.
Mr. DeBlois suggested that if we're going to make a general
statement to SJRWMD or any other permitting agency, it should just
state that these sites should be promoted and considered for any
mitigation off-site, because any mitigation, private or public,
from another agency, could help serve the county and the public
interest on these properties.
11 BOOK 94 PA(;E.83
April 11, 1995
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
approved Resolution No. 95-55 requesting that
any permitting agency requiring off-site
mitigation sites consider lands chosen by
Indian River County for possible acquisition
as environmentally significant land.
RESOLUTION NO. 98-55
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, REQUESTING THAT ANY PERMITTING
AGENCY REQUIRING OFF-SITE MITIGATION SITES
CONSIDER LANDS CHOSEN BY INDIAN RIVER
COUNTY FOR POSSIBLE ACQUISITION AS
ENVIRONMENTALLY SIGNIFICANT LAND.
4 rlF IIF 8.3f
WHEREAS, the Land Acquisition Advisory Committee has selected a fiat
of environmentally significant lands for possible future acquisition by the
Board of County Commissioners of Indian River County; and
WHEREAS, certain state agencies routinely consider permit applications
requiring 'Off-site mitigation lands to be purchased, restored, and managed
for a project; and
WHEREAS, the Board feels that any mitigation required to be provided
by another public agency could be provided from the County's list of
possible future acquisitions and serve both the County and the public
Interest;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD 'OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
requests -any state• permitting agency reviewing the projects that require
land for mitigation purposes consider allowing the person required to provide
mitigation to purchase property on the County's. list of possible future
acquisitions or land owned by Indian River County.
The resolution was moved for adoption by Commissioner Eggert, and the
motion was seconded by Commissioner Tippin, and, upon being put to a
vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner. Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 11th day of April, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN R R COUNT LORIDA
Attest:
., By
Kenneth OMacht
y K. Be on, Clerk C Chairman
APPROVED AS TO FORM.
A MFWGIENCIY
P. n.n"I N
ASST. COUNTY ATTORNEY
12
April 11, 1995
CR -512 CORRIDOR EMPROVEM MS -- MARTIN PAVING --
CHANGE ORDER NO. 5
The Board reviewed a Memorandum of April 4, 1995:
TO: James Chandler
County Administrator
�G
THROUGH: James W. Davis, P.E. /
Public Works Director
FROM: Roger D. Cain, P.E
County Engineer
SUBJECT: CR512 Corridor Improvements - IRC Project No. 8612
Change Order No. 5
DATE: April 4, 1995
DESCRIPTION AND CONDITIONS
Attached is Change Order No. 5 for the CR512 Corridor Improvements. This change order
incorporated utility work which was done for this project so that open cutting and/or jack
and boring of utility lines under the new roadway would be avoided. The utility department
has advised us that since they will apparently be taking over the Sebastian City Utilities, that
they will pay for the $11,520.00 item to place lines under the roadway at this time when they
have properly transferred money for that purpose. Originally the City of Sebastian was to
do this work, but due to the pending sale of the utilities to the county, and a heavy drainage
work load, the city requested that we do this work. The Contractor is also requesting
payment for additional drainage items done at the county's request in order to adjust the
locations of inlets and to add drainage structures to the area south of Roseland Road for
better drainage of that area.
The decrease in the amount of leveling was due to the fact that the roadway did not require
the full 100 pounds per square yard that was allocated for leveling and the intersections
were not reconstructed but were widened and the e)dsting pavement was overlaid, which was
found to be adequate.
The signal items were added when the County was able to warrant a signal at Delaware
after school officials agreed to move the school crossing to that location rather than
maintain it at the school drive. The removal of signal equipment items were omitted from
the original itemized proposal as submitted for bidding.
Current Project Amount $2,578,449.29
Project No. 8612
CR512 Corridor Only
Net Change Order No. 5 + $ 24,580.97
New Project Amount $2,603,030.26
Project No. 8612
13
April 11, 1995
BOOK 94 PAG 834
BOOK 94 FbGF 835
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Approve the change order.
Alternative No. 2 - Do not approve the change order.
RECOMMENDATION AND FUNDING
Staff recommends Alternative No. 1 with funding coming from Account No. 101-153-541-
067.38, CR512 Corridor Improvements, and the Board should direct the Chairman to
execute Change Order No. 5 on behalf of the Board.
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Adams, to approve
Change Order No. 5 with Martin Paving Company
on the CR -512 corridor improvements project,
as recommended by staff in the memorandum.
Under discussion, Chairman Macht asked about the third
sentence in the memorandum and whether the cart was before the
horse, and County Engineer Roger Cain advised that he had discussed
it with Harry Asher, Assistant Director/Utilities Administration.
They were in a situation of not knowing who to bill, so he made the
decision to go ahead and place the lines under the roadway, because
this was the time to do it to save money for whoever would be
ultimately responsible for it. If the County does not take over
their utilities, he will be sending the bill to the City of
Sebastian.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
CHANGE ORDER NO. 5 HAS BEEN PLACED ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
14
April 11, 1995
TRAFFIC COUNTERS DECLARED SURPLUS AND SOLD TO CITY OF
VERO BEACH
The Board reviewed a Memorandum of March 31, 1995:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director 'V
FROM: Christopher R. Mora, P.E. Cvvl
County Traffic Engineer
SUBJECT: Authorization to Surplus Traffic Counters and Transfer Ownership to the
City of Vero Beach Engineering Department
DATE: March 31, 1995
DESCRIPTION AND CONDITIONS:
In 1992, the Traffic Engineering Division upgraded all the traffic counting equipment. This
upgrade left six GK5010 Traffic Counters that were no longer compatible with current
computer software. The counters are in poor condition and have been in reserve status
since that time.
On March 6, 1995, Traffic Engineering Staff was contacted by Gregory Garcia, Traffic
Inspector/Designer for the City of Vero Beach Engineering Department, as to the
availability of the reserve counters. We informed Mr. Garcia that the counters were no
longer in use and in poor condition, and would need extensive repairs to make them
operable. Given this understanding, Mr. Garcia formally requested that the reserve
counters be sold to the City for the sum of $600.
ALTERNATIVE AND ANALYSIS:
Traffic Engineering Division recommends against spending county funds to repair traffic
counting equipment that is no longer compatible with current computer software. It should
be noted that the counters have not been in use since 1992. Staff submits that the
usable service fife has been obtained from these counters and recommends that they be
removed from the inventory of the Traffic Engineering Division,and sold to the City of
Vero Beach Engineering Department for $600.
RECOMMENDATION:
Staff recommends that the six GK5010 Traffic Counters be declared surplus and sold to
the City of Vero Beach Engineering Department for the total sum of $600, with the
understanding that the counters are in poor condition.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
declared six GK5010 Traffic Counters surplus
and directed they be sold to the City of Vero
Beach for $600, as recommended by staff in the
memorandum.
15
April 11, 1995
BOOK 94 Fr1uE 836
RESOLUTION SUPPORTING APPLICATION FOR FIND GRANT -
ENVIRONMENTAL LEARNING CENTER - PHASE IV
The Board reviewed a Memorandum of March 31, 1995:
TO: James Chandler
County Administrator
FROM: James W. Davis, P.E. ((',
Public Works Director'
SUBJECT: Resolution in Support of Environmental
Learning Center Application for FIND Grant - Phase IV
DATE: March 31, 1995
The Environmental Learning Center is submitting a FIND application in the
amount of $17,265 for the following:
Installation of water supply - approximately 400' $ 1,800
Installation of electric supply - approximately 400' $ 2,000
Under road boring for both lines $ 400
Pontoon boat lift installed $ 3,565
Foot bridge to ICW Island $ 6,000
Nature trails & rest area $ 1,500
Interpretive signage S 2.004
TOTAL $17,265
V 104410-1114 �V _0 . Wei
The Environmental Learning Center is requesting the County to sponsor the
application. Staff has no objections to the Board approving the attached
application and authorizing Resolution 95- . No County funding is applicable.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved sponsoring the application of the
Environmental Learning Center for a FIND grant
and adopted Resolution No. 95-56 for
assistance under the Florida Inland Navigation
District (FIND) Waterways Assistance Program,
as recommended by staff in the memorandum.
16
April 11, 1995
Resolution No. 95 - 5 6
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
FOR ASSISTANCE UNDER THE
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, The Board of County Commissioners of Indian River County is
interested in carrying out the following described project for the enjoyment of the
citizenry of Indian River County and the State of Florida
Project Title: Environmental Learning Center, Phase IV
Total Estimated Cost: $17,265
Brief Description of Project: Installation of 400' of water supply, installation
of 400' of electric supply, under road boring for both lines, pontoon boat lift
Installed, foot bridge to ICW island, nature trails and rest area, interpretive
signage.
AND, Florida Inland Navigation District financial assistance is required for
the program mentioned above,
NOW THEREFORE, be it resolved by the Board of County Commissioners
of Indian River County that the project described above be authorized,
AND, be it further resolved that said Board of County Commissioners of
Indian River County make application to the Florida Inland Navigation District in
the amount of 1000/6 of the actual cost of the project in behalf of said
Environmental Learning Center
AND, be it further resolved by the Board of County Commissioners of Indian
River County that it certifies to the following:.
1. That it will accept the terms and conditions set forth in FIND Rule
16T-2 F.A.C. and which will be a part of the Project Agreement for
any assistance awarded under the attached proposal.
2. That it is in complete accord with the attached proposal and that it
will carry out the Program in the manner described in the proposal
and any plans and specifications attached thereto unless prior
approval for any change has been received from the District.
3. The project will be operated and maintained at the expense of said
Environmental Learning Center for public use.
17 BOOK 94 Flt, 82
April 11, 1995
BOOK 94 f=, 839
4. That it will not discriminate against any person on the basis of race,
color or national origin in the use of any property or facility acquired
or developed pursuant to this proposal, and shall comply with the
terms and intent of the Tltle VI of the Civil Rights Act of 1964, P.L.
88-352 (1964) and design and construct all facilities to comply fully
with statutes relating to accessibility by handicapped persons as well
as their federal, state and local laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed
project to substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -audit of
expenses incurred on the project prior to, or in conjunction with,
request for the final 100/6 of the funding agreed to by FIND.
The resolution was moved for adoption by Commissioner F g g e r t
and the motion was seconded by Commissioner Adams , and upon
being put to a vote, the vote was as follows:
Chairman Ken Macht A y e
Vice Chairman Fran Adams A y e
Commissioner Richard Bird A y e
Commissioner Carolyn Eggert Aye
Commissioner John 1Yppin A y e
The Chairman thereupon declared the resolution duly passed and adopted
this 11 Day of A e r i 1 1995.
Jefifreyr" Barton, C:
April 11, 1995
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
By
enneth R. Macht, Chairman
18
M
M
P.E.P. REEF - FDEP WETLANDS RESOURCE PERMIT
The Board reviewed a Memorandum of April 5, 1995:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P. .
Public Works Directo
FROM: Don G. Donaldson, P.E.,
Coastal Engineer
SUBJECT: Indian River County/Vero Beach PEP Reef
FDEP Wetlands Resource Permit
DATE: April 5, 1995 FILE: WETPER . AGN
DESCRIPTION AND CONDITIONS
The Florida Department of Environmental Protection, Bureau of
Wetland Resource Management issued a permit for the PEP Reef on
January 11, 1995. This permit contains fifteen general conditions
and thirteen specific conditions. Of particular interest is
Specific Condition No. 13 which required the County enter into a
long-term agreement with the FDEP.
The agreement states that the County is to abide by Specific
Conditions No. 9 through 11 for as long as the structure is in
place, not withstanding that the permit expires on January 11,
2000• Specific Condition No. 9 requires the County to apply for
permit or a modification of permit with the Bureau of Wetland
Resource Management in the event any PEP Reef units are to be
relocated or removed. Specific Condition No. 10 requires the
County to mitigate any impacts to hardbottom in the event it is
shown that the PEP Reef has caused more than one and one-half acres
of existing natural hardbottom to be covered by sand. Specific
Condition No. 11 requires the County to seek permits with the
Bureau of Wetland Resource Management in the event the County is
required to mitigate beach/sand impacts as may be required by the
Division of Beaches and Shores.
Staff has reviewed the agreement with our legal department and feel
it is in the best interest of the County to enter into the long
term agreement with the FDEP.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative No. 1
Accept the permit from the Florida Department of
Environmental Protection, Bureau of Wetland Resource
Management and enter into a long-term agreement with the
FDEP.
Alternative No. 2
Direct staff
agreement.
April 11, 1995
to work with the FDEP to revise the
19
BOOK 94 FAV 841
RECOIrIlWMATIONS AND FUNDING
County staff recommends the Board of County Commissioners sign the
agreement between Florida Department of Environmental Protection
and the Indian River County Board of County Commissioners in
reference to DEP Permit No. 312428049. No funding is required.
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Eggert, to accept the
permit from the Florida Department of
Environmental Protection, Bureau of Wetland
Resource Management and enter into a long-term
agreement with the FDEP. (Alternate 1)
Under discussion, Chairman Macht advised that Alternate 2
appealed to him; he thought a time limit ought to be negotiated as
he did not favor a long-term agreement with FDEP. He cited the
following sentence in the descriptions and conditions: "In the
event it is shown that the PEP reef has caused more than one and
one half acres of existing natural hard bottom to be covered by
sand." He remarked that, from his experience, the hard bottom in
that area was repeatedly covered by sand and he wondered who had
the ability to determine whether it was due to a storm or PEP reef.
He advocated negotiation to set a time certain to end Indian River
County's responsibility.
Coastal Engineer Don Donaldson said the only item that
addressed the length of time was paragraph 5 in the Agreement,
where it stated that we would agree to the provision as long as the
structure remained in place and we assumed that the structure would
be there for a very long time. He went on to explain the
monitoring program time frame and the DEP permit. He believed we
could ask that it be revised without it jeopardizing our time
parameters. Chairman Macht requested that be done:
Commissioner Adams AMENDED- her motion to
include negotiations to limit the time period,
and Commissioner Eggert ACCEPTED the amended
motion.
Chairman Macht surmised the motion was Alternate 2, but
Commissioner Adams pointed out that duration was the only subject
of negotiation.
20
April 11, 1995
Public Works Director Jim Davis understood that if
negotiations were fruitful, staff would not have to come back to
the Board. He asked if the Board wanted to readdress the item in
the future if negotiations were not fruitful.
Commissioner Eggert considered this approval for negotiations
limited solely to items discussed.
Chairman Macht said that would satisfy him, he did not want to
tie it up, and asked how others felt about it. Commissioner Adams
said she had faith they would be able to make a little edge on the
time element and that it was a reasonable request.
Commissioner Eggert asked if there was some way to determine,
on item 13, if FDEP would accept the fact that we were going to get
sand, whether the PEP reef was there or not.
Commissioner Adams thought that could be addressed, and if
there were any problems in negotiations, they would come back and
advise the Board. She understood the other conditions were
accepted, they were only to negotiate shortening the time frame.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
Commissioner Eggert summarized the motion: "approval with that
change negotiated."
SEWER SERVICE TO SR -60 AND 90TH AVENUE ,, s
RESOLUTION IV - FINAL ASSESSMENT
The Board reviewed a Memorandum of March 30, 1995:
DATE: MARCH 30, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PIN
DIRECTOR OF UTI
PREPARED JAMES D. CHAS
AND STAFFED MANAGER OF AS
BY: DEPARTMENT OF
C4@ *�
MEYTT PROJECTS
LITY SERVICES
SUBJECT: SEWER SERVICE TO SR 60 AND 90TH AVENUE
INDIAN RIVER COUNTY PROJECT NO. IIS -92 -12 -CS
RESOLUTION IV - FINAL ASSESSMENT
21 BOOK 94 ppl), ��r� -
April 11, 1995
boor 94 FAGS 843
BACKGROUM
At a public hearing on June 14, 1994, the Indian River County Board
of County Commissioners approved Resolution III, No. 94-80, for the
preliminary assessment roll on the above -referenced project.
Construction of the project has been completed. We are now ready to
begin customer connections and request the Board of County
Commissioners' approval of the final assessment roll (see attached
minutes and Resolution III).
ANALYSIS
The preliminary assessment was for an estimated cost of $37,342.00,
which equated to $0.311118 per square foot of property assessed.
The final assessment (see attached Resolution IV and the
accompanying assessment roll) is in the amount of $29,705.61, which
equates to a cost of $0.247547 per square foot.
RECO14MENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the adoption of Resolution IV.
ON MOTION by Commissioner Adams SECONDED by
Commissioner Bird, the Board unanimously
adopted Resolution No. 95-57 certifying "as -
built" costs for installation of sewer service
to State Road 60 and 90th Avenue.
RESOLUTION NO. 95- 57
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF
SEWER SERVICE TO STATE ROAD 60 and 90TH AVENUE; AND
SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH
PROJECTI PROVIDING FOR FORMAL COMPLETION DATE, AND
DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian River County
determined that sewer improvements for properties located within the
area of State Road 60 and 90th Avenue are necessary to promote the
public welfare of the county; and
WHEREAS, on Tuesday, June 14, 1994, the Board held a public hearing
at which time and place the owners of property to be assessed appeared
before the Board to be heard as to the propriety and advisability of
making such improvements; and
April 11, 1995
M
22
W.
7-]
RESOLUTION NO. 95-57
WHEREAS, after such public hearing was held the County Commission
adopted Resolution No. 94-80, which confirmed the special assessment
cost of the project to the property specially benefited by the project
in the amounts listed in the attachment to that resolution; and
WHEREAS, the Director of Utility Services has certified the actual
"as -built" cost now that the project has been completed is less than in
confirming Resolution No. 94-80,
NOW, THEREFORE, HE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 94-80 is modified as follows: The completion date
for the referenced project and the last day that payment may be
made avoiding interest and penalty charges is ninety days after
passage of this resolution.
2. Payments bearing interest at the rate of 8.5% per annum may be made
in ten annual installments, the first to be made twelve months from
the due date. The due date is ninety days after the passage of
this resolution.
3. The final assessment roll for the project listed in Resolution No.
94-80 shall be as
shown on
the attached Exhibit "A."
4. The assessments,
as shown
on the attached Exhibit
"A," shall stand
confirmed and remain legal, valid, and binding first liens against
the property against which such assessments are made until paid.
5. The assessments shown on Exhibit "A," attached to Resolution No.
94-80, were recorded by the County on the public records of Indian
River County, and the lien shall remain prima facie evidence of its
validity.
The resolution was moved for adoption by Commissioner Adams ,
and the motion was seconded by Commissioner Bird , and, upon being
put to a vote, the vote was as follows:
23 BOOK 94 r,Au 844
April 11, 1995
RESOLUTION NO. 95-57
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 11 day of April , 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN LRR COUNTY,4FLDA
Attest:
By 'x / Kenneth R. M
Jeffrey K. Barton, Cle L �Q Chairman
Attachment: ASSESSMENT ROLL
24
April 11, 1995
HOBART LANDING WATER LINE REPLACEMENT -
DRIVEWAYS. INC.
The Board reviewed a Memorandum of March 28, 1995:
DATE: MARCH 28, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TE G. j
DI OF ICES
PREPARED H. R, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: HOBART LANDING WATER LINE REPLACEMENT
WORK AUTHORIZATION NO. 30
INDIAN RIVER COUNTY BID NO. 4007
INDIAN RIVER COUNTY PROJECT NO. UW -94 -21 -DS
BACKGROUND
The existing water distribution lines at Hobart Landing are
galvanized lines and asbestos -cement pipe (ACP). The distribution
system is to be replaced with PVC pipe due to excessive corrosion
and pressure problems.
ANALYSIS
The project is to be completed by our in-house labor contractor,
Driveways, Inc., at a labor cost of $75,794.48; the cost of
materials is $29,026.84. The total project construction cost is
$104,821.32. Design will be in-house.
The Department of Utility Services recommends approval of the
subject project and of Work Authorization No. 30 to complete the
above -referenced project.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved the Hobart Landing Water Line
Replacement Work Authorization No. 30 with
Driveways, Inc., at a total cost of
$104,821.32, to complete the project, as
recommended by staff in the memorandum.
AGREEMENT.IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
25 BOOK 94 F'AGF 84
April 11, 1995
BOOK 94 FAlit 847
TELEMETRY SYSTEM UPGRADE (WATER) - CONIlVIMCATIONS
INTERNATIONAL, INC. AND HTS CONTROLS, INC.
The Board reviewed a Memorandum of March 29, 1995:
DATE: MARCH 29, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN'I� r�
DIRECTOR OF UTILITY ERVICI
PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITAL PROJECTS ENGINE
BY:. DEPARTMENT OF UTILITY SR C
SUBJECT. TELEMETRY SYSTEM UPGRADE OR WATER PLANTS AND
DISTRIBUTION SYSTEM
INDIAN RIVER COUNTY PROJECT NO. UW -94 -15 -WC
BACKGROUND
On September 20, 1994, the Indian River County Board of County
Commissioners approved a contract with Camp Dresser and McKee for
the design services on the above -referenced project. (See attached
agenda item and minutes.) The project is intended to kemove the
County's current water system communications company (Southern Bell)
and proceed with the installation of a full radio frequency
telemetry system. After performing an exhaustive investigation of
available radio communication frequencies and equipment, it was
decided to utilize existing County priority communication
frequencies or whatever ultimate system is utilized.
ANALYSIS
The County currently utilizes a local firm (Communications
International, Inc.) as a sole source for communications equipment,
and the Utilities Department has negotiated an equipment purchase
price with them for this project. The Utilities Department also
wishes to utilize an existing, currently -under -contract controls
company, HTS Controls, Inc., for the equipment installation and
plant computer programming modifications. The firm of HTS Controls
is most capable of performing this work as they programmed the North
Beach R.O. Plant, the North County Repump facility, and have
performed many modifications to our South County R.O. process
control system. They are also currently on site as they are
contracted for our ongoing controls maintenance work at these
facilities. The negotiated costs for this work are as follows:
1) Communications International, Inc. $32,690.00
2) HTS Controls, Inc. 32,000.00
3)* Contingency 12,000.00
Total $76,690.00
* Contingency cost for unforeseen work; for example, possible
additional pressure monitoring points if needed after system is
on line --not to be used without Director's authorization.
The original budget for this project was $120,000.00. As can be
seen, we are well within the approved budget amount. Funding for
this project will be from the renewal and replacement fund, WIP No.
471-000-169-235.00.
26
April 11, 1995
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the Telemetry project as
outlined above and authorize purchase orders to be issued for both
the Communications International, Inc., and HTS Controls, Inc. work.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
approved the Telemetry project as outlined in
the memorandum and authorized purchase orders
for both Communications International, Inc.
and HTS Controls, Inc., as recommended by
staff in the memorandum.
COUNTRYSIDE NORTH MOBILE HOME PARK - PUBLIC HEARING
DELAYED
County Attorney Vitunac apprised the Board that the attorneys
for Countryside North Mobile Home Park have requested a
postponement of the public hearing scheduled for'April 18th while
they negotiate a possible purchase of the park by the tenants.
Attorney Vitunac suggested that the public hearing be postponed to
allow the negotiations to occur.
Attorney Vitunac asked if Utility Services Director Terry
Pinto had received a fax, and Director Pinto replied he had not,
but he thought it might be in everyone's best interest to postpone
the hearing for a month.
Chairman Macht was concerned that we have not received
anything in writing.
Commissioner Adams asked for assurance that bona fide
negotiations with the tenants were indeed taking place, and
Director Pinto confirmed that they really were. He'was most
anxious to see the matter resolved, and wouldn't want anything to
interfere with negotiations between the parties. He believed that
a month's delay would not have a negative effect.
Chairman Macht fully supported the recommendation as being in
the best interest of everyone, but still wanted something in
writing before the Board took action to delay the public hearing.
27
BOOK 94 F>?�Jc
April 11, 1995
BOOK 94 Fn -E849
Commissioner Eggert asked if they were likely to resolve the
situation in two months and suggested that it automatically be
brought back if it was not. Chairman Macht agreed that would be a
good solution.
Director Pinto recommended they postpone the meeting for not
more than a month.
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Adams, to table the
public hearing for one month.
Discussion was held concerning advertising and cost for same.
There was CONSENSUS that if proper written notice was received from
the parties, the public hearing could be cancelled entirely.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
28
April 11, 1995
s
FLORIDA ASSOCIATION OF COUNTIES: "RECOM ENDATIONS ON
UNFUNDED MANDATES NEEDED"
Chairman Macht asked for addition of this item to the agenda
and reviewed the following article which appeared in FAC News &
Notes, April 7, 1995 issue:
on Unfunded Mandates
pmtoftImUnf aided Reform Act of 1995. the U.S. Ad-
visory Council on Intergovernmental Relations has been
directed to make recommendations to the President and
Congress regarding relief from existing federal mandates
for state, local and tribal governments. Florida's coun-
ties are encouraged to submit suggestions on the follow-
ing criteria no later than April 28:
• Allowing flexibility for state and local governments
in complying with specific federal mandates;
• Reconciling federal mandates that impose contra-
dictory or inconsistent requirements;
Terminating federal mandates that are duplicative,
obsolete, or lacking in practical utility;
• Suspending, temporarily, federal mandates that are
not vital to public health and safety and that compound
fiscal difficulties for local governments;
• Consolidating or simplifying federal mandates, or
their planning or.reporting requirements, to reduce dupli-
cation and facilitate compliance;
• Establishing common federal definitions or standards
to be used in complying with federal mandates;
• Mitigating negative impacts of mandate relief for
governments on the private sector, if and to the extent
that such impacts exist, and evaluating the feasibility of
applying such relief to private sector entities.
Counties should submit their recommendations to: Charles
Griffiths, ACK 800 K Street, NW, Suite 450 South,
ashington, DC 20575. (Tomes)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
directed staff to poll department heads for
unfunded mandates affecting their .departments
and comply with request contained in
publication.
29
April 11, 1995
BOOK 94 Pd 1.85)
BOOK 94 F'"uC 851
RESOLUTION OPPOSING EXPANSION OF SPECIAL RISK
CATEGORIES - RETIREMENT PLAN
Chairman Macht asked for addition of this item to the agenda
and wanted staff to formulate a resolution to the Legislature in
Tallahassee opposing the expansion of special risk categories in
our retirement plan since it would cost us $46,000 additional if
they passed it. (CLERK'S NOTE: HB 123 to include certified
paramedics and EMT's in the Florida Retirement System.)
Commissioner Eggert shared his concern, but understood it
already had been passed.
Staff was directed to double check the status of the bill.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
adopted Resolution No. 95-58 to the Florida
Legislature opposing including additional
special risk categories in the Florida
Retirement System..
RESOLUTION NO. 95-58
A RESOLUTION OF THE HOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA
LEGISLATURE OPPOSING INCLUDING ADDITIONAL SPECIAL
RISK CATEGORIES IN THE FLORIDA RETIREMENT SYSTEM.
WHEREAS, the Florida Retirement System presently includes a "Special
Risk Class" for police and firefighters which is significantly more expensive
for the County to fund than the category for regular employees; and
WHEREAS, the State has proposed including certified paramedics and EMTs
in the Special Risk Class of the Florida Retirement System which the County -
would have to fund; and
WHEREAS, over the years the State has enacted unfunded County mandates,
the escalating costs of which are putting a tremendous burden on the County's
general fund; and
WHEREAS, the cost to the County for each affected employee would be an
additional 9.92% of pay;
W
April 11, 1995
RESOLUTION NO. 95-58
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Florida Legislature
and the Governor of the State of Florida not to enact legislation which would
put certified paramedics and EMTs in the Special Risk Class of the County -
funded portion of the Florida Retirement System.
The resolution was moved for adoption by Commissioner Eggert, and the
motion was seconded by Commissioner Tippin, and, upon being put to a vote,
the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 11th day of April, 1995.
BOARD OF CqkVrY COMMISRS
INDIAN R R COUNTY, IF FLOR A
Q _ BY
+.^. ,4
Kenneth R. 'Marcht—
Jeflf7gSrK. Barton, Clerk Chairman
t� m
APPROVED AS TO FORM
A133 -LEGAL SUFF1C!ENCY:
Charles P. Viv.1r3C
County Attorney
ROSELAND WOMEN'S CLUB REFURBISHING
Commissioner Adams reviewed her Memorandum of April 4, 1995:
TO: County Commissioners
FROM: Commissioner Fran Adams
DATE: April 4, 1995
SUBJECT: Agenda Item for Tuesday, April 11, 1995
ITEM 13-B (1) ROSELAND WOMEN'S CLUB REFURBISHING
The Roseland Women's Club approached me a couple .of years ago
about refurbishment of their facilities. Attached are staff's
estimates, but we failed to make any provision in last year's
budget to assist this project.
This building is owned by the county and leased to the Roseland
Women's Club and I would like some direction from the commission
to provide some suggested improvements for the use of the
community.
31
April 11, 1995
BOOK 9 8 5-
BooK 94 FA(;1853
Commissioner Adams advised that General Services Director
Sonny Dean had visited the facility and formulated some costs for
necessary improvements based on their request. She understood that
consideration of air-conditioning installation triggered other
improvements which they might not wish to do. She wanted to verify
the uses of the building and the ladies were looking for some
direction from the Board since nothing had been budgeted. She
asked Director Dean to expand on what would be needed.
Director Dean advised he first had looked at the building in
1991 when club members had first asked that the building be air-
conditioned. The building was old and not in the best shape.
Commissioner Eggert offered that the building was "historic".
Director Dean had made an effort to determine if the building
could be air-conditioned and advised that there was no insulation
in the building; the electrical service was insufficient and would
have to be refurbished; and the windows were out of square and
needed to be replaced. He had obtained some prices to perform the
work and yesterday went to the Building Department to see about
building codes. In order to put in air-conditioning, he learned
that the building would have to be inspected by an architect to
assess it for insulation to reach an R-19 factor. He had no idea
what either the assessment or the insulation would cost. He stated
the cost for just a central air-conditioning unit, installed by the
County, would be about $4,500; two window units would run about
$1,500.
Mr. Dean anticipated that the $4,500 estimate he received a
couple of years ago for new windows had probably increased by at
least 10%. That price did not include replacement of any rotten
wood.
Director Dean knew it sounded like they were just looking for
reasons not to do the improvements, but he just wanted everyone to
know what would be encountered in trying to air-condition that
facility. They had looked -at it many times; there was no attic for
insulation; and there was no money in the budget to perform any of
the work. He looked to the Board for direction on how to proceed.
Harriet Washer, 9928 Oak Street, Sebastian, president of the
Women's Club, agreed that it was an old building, but it was used
by a lot of people. She advised that their only income is from
rentals, which they used to cover their expenses. They have
experienced difficulties in renting the building, because it lacks
air-conditioning and heat and the windows are in very bad shape.
They would appreciate some improvements so they can continue to
maintain the building and pay their monthly bills.
32
April 11, 1995
M i i
Commissioner Eggert recalled that when this came up
previously, there was concern about setting precedent, but her
concern was what is being done to maintain one of the County's
assets. It sounds like nothing is being done, although she
remembered that the roof had been repaired.
Director Dean advised that routine maintenance has been done
on the building and they had to jack up the floor the year before
last.
Commissioner Bird asked if a couple of window units could be
installed without triggering other requirements, and Director Dean
understood that the Building Department would require the other
upgrades simultaneously.
Discussion ensued about code requirements for central versus
window air -conditioners: insulation, windows, and electrical and
liability if requirements were not met. Director Dean advised that
a fan had been installed about three years ago to try to ventilate
the building and avoid costs presently under discussion.
Chairman Macht suggested staff thoroughly investigate costs
for the improvements, locate possible funding sources and return
with a report. He hoped some funding could come from sales tax at
the end of the period, so they could proceed to do what should be
done. He believed County -owned buildings ought to be brought up to
standard or disposed of.
Ester Rymer, Building Division Director, confirmed that the
building would still have to meet the State's energy code
requirements if window units were installed, meaning insulation,
proper windows, and so forth.
Commissioner Adams thought perhaps, because of the building's
age and community use, it might qualify for some grant funding.
Elaine Johnson, a member of the Women's Club and near neighbor
of the building, spoke in support of the request.
Chairman Macht believed that if the building were upgraded the
rental fees would increase and the County might realize more
income..
Commissioner Bird asked if they would have to issue an RFp for
an architect for something this small, but Administrator Chandler
was not 100% sure at this point that we would need an architect and
would try to do without, if possible.
Chairman Macht thought that perhaps the Women's Club might be
able to obtain the services of an architect on a pro bono basis if
one was required.
CONSENSUS was that staff would gather information, determine
costs, investigate possible -funding sources, and report back.
33 Bou 94 Fa.cc854
April 11, 1995
BOOK 94 F'
LANDSCAPE MAINTENANCE ASSOCIATION CONCERNS
Commissioner Adams requested the addition of this item
and the Board reviewed her Memorandum of April 10, 1995:
TO: Board of County Commissioners
FROM: Commissioner Fran B. Adams
DATE: April 10, 1995
SUBJECT: Landscape Maintenance:Association (LMA)
Attached is a copy of a letter from Mr. Tom Lund, representing
the Landscape Maintenance Association (LMA).
Based on their concerns and attempts to provide some regulation
to their industry, I would like to suggest that the Commission
appoint an ad hoc committee to study the issues they have raised.
Mr. Lund has agreed to head up a committee consisting of five
members, and Mr. Dan Culbert, Extension Agent, has agreed to be
their staff liaison.
Thomas Lund, representing the local chapter of the Landscape
Maintenance Association, reviewed his letter of March 10, 1995, as
follows:
Commissioner Fran Adams
Indian River County Administration March 10, 1994
1840 25th Street
Vero Beach. Florida 32960
Dear Commissioner Adams:
The local chapter of the Landscape Maintenance Association (LMA) has several concerns
regarding the landscape maintenance profession in Indian River County. To better
understand the Association, let me outline the objectives of the founders 8 years ago:
• Provide an effective voice for the landscape maintenance industry.
• Improve the public perception of the landscape maintenance industry.
• Measure the size and economic impact of the landscape maintenance
industry. .
• Encourage research and education in landscape maintenance both within the
educational system and the private sector.
• Attain recognition of landscape maintenance as a distinct and important
segment of the Horticultural Industry.
• Establish standards for the Landscape Maintenance Industry.
• Increase the educational level in the Landscape Maintenance Industry in both
technical and business management activities and skills
• Establish safety standards and provide safety education
• Establish a positive program for protection of the environment in Landscape
Maintenance Practices.
• Encourage and enhance cooperation with other segments of the "Greens
Industry".
34
April 11, 1995
�J
� t t
Since the inception of the Association, we have grown to 1,100 state wide members, with
17 chapters. We were instrumental in changing and establishing new pest control laws
governing the application of pesticides. We have also coordinated numerous seminars
around the state to promote the concepts of Environmental Landscape Management and
Integrated Pest Management as created and supported by the University of Florida
Institute of Food and Agricultural Sciences (IFAS). We also offer a certification program
for technicians and mangers. '
In Indian River County we have 522 licensed lawn and landscape maintenance companies,
of which 40 are members of the LMA. When one reviews industry in this county, it
appears that citrus, finance, tourism or construction are considered the major employers.
We are an often overlooked industry in this county, even though we provide
approximately 2,000 jobs. The fault could be ours for not promoting the industry with the
county or the various municipalities.
The concerns that we have as an industry in this county are the following:
• The application for occupational licenses in the landscape maintenance profession
needs examination. Currently we send in $40.00 and we receive our licenses to work.
No additional information is required such as, worker's compensation and liability
insurance.
• Are all"companies currently paying their tangible property taxes to the county? If not;
then why? What would be the additional revenue for the county if ail landscape
maintenance companies paid their tangible property taxes?
• Another important factor is the competency of those individuals that are obtaining
landscape maintenance licenses. After all we do affect the health, safety and welfare
of the general public.
The State of Florida has a limited pest control license for the landscape maintenance
professional. Should the county review how to support the State requirement on a
local level?
We would like to address these areas of concern with you so we can rectify the inequities
that are occurring within the county. We are not attempting to restrict individuals from
entering our profession. -We are attempting to create an industry of educated professionals
for the health safety and welfare of the residents of Indian River County.
We will contact you by the 15th of the month to set up an appointment. Thank you for
your assistance.
Si ly,
Thomas C. Lund
cc: Dan Culbert, Indian River County Extension Agent
Jim Chandler, Indian River County Administrator
'Karl Zitmnerm m, Indian River County Tax Collector
Commissioners discussed the advisability of forming an ad hoc
committee and, due to Sunshine Law requirements, suggested it might
be more expeditious for the LMA to meet, formulate their
recommendations and bring them back to the Board.
35 BOOK 94 pm,c 85P
April 11, 1995
BOOK 94 ipa;-)c.857
Mr. Lund confirmed that they merely wanted to educate people
new to the landscape business and did not intend to put small
operators out of business. He was advised that information from
Tax Collector Karl Zimmerman's office was public information.
County Attorney Vitunac advised that he would be happy to
review their recommendations prior to presentation to the Board.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of
the meeting, the Board would convene as the Board of Commissioners
of the Solid Waste Disposal District. Those Minutes are being
prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:09 a.m.
ATTEST:
. Barton, Clerk
Minutes approved on ` 7%
36
April 11, 1995
zetolo�,/?- K
4��e
Kenneth R. Macht, Chairman