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HomeMy WebLinkAbout7/25/1995= MINUTES"TTACI-ISD = BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, JULY 259 1995 9:00 A.M.- - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street -Vero-Beach, Florida Kenneth R. Macht, Chairman (District 3) James E. Chandler, CountyAdministrator Fran B. Adams, Vice Chairman (District 1) Richard N. Bird (District 5) Charles P. Vitunac, County Attorney Carolyn K. Eggert (District 2) John W. Tippin (District 4) Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. . CALL TO ORDER 3. PLEDGE OP AL ..GIANCF. - Comm. Carolyn K. Eggert 4. ADDITIONS to the AGENDA/EMERGIF.NCY ITEMS 1.. Item 11-E, Proposed 1995-96 Millage Rates. 2. Item 13-A, discussion regarding SJRWMD wetland resource management permit. 3. Item 13-D, report on Transportation Disadvantaged Local Coordinating Board meeting. None 1 1 u11" 11 Meeting of June 20, 1995 A. Reject Bid #5094 / Relocation and Remodeling of #18, Sandridge Golf Club (memorandum dated July 17, 1995) B. Fla. Dept. of Corrections, Annual Labor Contract (memorandum dated July 17, 1995) C. Ralph Evans, Trustee and Commercial Investment Partnership's Request for Final Plat Approval for a Commercial S/D to be Known as the Sixty/95 Commercial Park (memorandum dated July 18, 1995) 7. CONSENT AGENDA (cont'd 1 D. Authorize the Management and Budget Director to do the Necessary Amendments for Balancing the Budget for the 1994/95 Fiscal Year (memorandum dated July 13, 1995) E. Cancellation of Outstanding Taxes Property Purchased for County Use (memorandum dated July 17, 1995) F. Approval of FY 95/96 Radiological Emergency Preparedness Agreement (FP&L) (memorandum dated July 19, 1995) 8. CONSTITUTIONAL GOVERNMENTAL OFFICERS and AGENCIES None 9:05 A.M. 9. PLtRL•IC ITEMS A. PUBLIC RINGS None B. PUBLIC DISCUSSION MMS 1. Frank Zorc's Request to be Heard Re: Non Profit Tax Exemptions (letter dated July 12, 1995) 2. Frank Zorc's Request to be Heard Re: Administrative Appeal of PEP Reef (letter dated July 14, 1995) 10. COUNTY ADMESISTRATORIS MATTERS None 11. DEPARTARNIAT. MATTERS A. Community Development None B. EmeMency Services None C. General Services None D. Leisure Services None 1 : u I ►Y : ►� W Y ; � i� r1146 F1 11171i1•11 Fr -r- , None F. Personnel None G. Public Works 1. Amendment No. 1, Professional Engineering Services South AIA Improvements (memorandum dated July 17, 1995) 2. Copelands Landing Phase II Remaining Land Development Improvements (memorandum dated July 17, 1995) 4 , M 1. Policy for -Deferred (Time) Payment Plan for Hardship Cases and Prepayment Options for Part -Time Residents (memorandum dated July 12, 1995) 2. Water Service Replacement at West Regional WWTP (memorandum dated July 13, 1995) 3. Water Treatment Plants Continuing Services Renewal of Agreement T (memorandum dated July 11, 1995) 4. Water expansion Plan, Phase VI - Work Authorization with Carter Assoc., Inc. (memorandum dated July 12, 1995) 5. North County Well Field, Bid Award #5075 (memorandum dated July 10, 1995) A. NACo Deferred Compensation Plan (memorandum dated July 19, 1995) B. Resolution Appointing Value Adjustment Board Members and Providing for Per Diem Compensa- tion for Value Adjustment Board Members (memorandum dated July 17, 1995) 13. 1Ili I I I I uI E. Commissioner John W- Tines n*n 14. A. F_me=wey Services District None B. Solid Waste Disposal District None 15. AMOUR 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 x408 at least 48 hours in advance of meeting. M W M July 25, 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, July 25, 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W. Tippin. Also present were James E. Chandler, County Administrator; William G. Collins, Deputy County Attorney; and P. J. Jones, Deputy Clerk. Chairman Macht called the meeting to order, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Eggert requested the addition of Item 13-D, report on Transportation Disadvantaged Local Coordinating Board meeting. Administrator Chandler requested the addition of Item 11-E, proposed 1995-96 millage rates. Chairman Macht requested the addition of Item 13-A, SJRWMD wetland resource management permit. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added the above items to the Agenda. APPROVAL OF AL NUTES The -Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 20, 1995. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of June 20, 1995, as written. JULY 25, 1995 1 poa 95 FACE; 774 CONSENT AGENDA Commissioner Bird requested that Item 7-C be pulled for discussion. A. Relocation and Remodeling of #18, Sandridge Golf Club - Reject Bid #5094 - Total Golf Construction The Board reviewed a Memorandum of July 17, 1995: DATE: July 17, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Service FROM: Fran Boynton Powell, Purchasing Manager qY SUBJ: Reject Bid 15094/Relocation and Remodeling of Sandridge Golf Club BACKGROUND INFORMATION: Bid Opening Date: July 10, 1995 Advertising Dates: June 21, 260 1995 Specifications Mailed to: Nineteen (19) Vendors Replies: One (1) Vendor VENDOR - TOTAL PROJECT COST Total Golf Construction $60,338.00 Lake Wales, F1 SOURCE OF FUNDS: Golf Course Operations, Other Improvements Except Buildings 418-221-572-066.39 BUDGETED FUNDS: $50,000.00 RECON -N ATION Staff recommends that all the bids be rejected, there are insufficient budgeted funds. Specifications will be revised and project re -bid at a future date. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously rejected Bid #5094 from Total Golf Construction, as recommended by staff. JULY 259 1995 do - B. Florida Department of Corrections - Annual Labor Contract The Board reviewed a Memorandum of July 17, 1995: DATE: JULY 17, 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERV IC SUBJECT: FLORIDA DEPARTMENT OF CORRECTIONS ANNUAL LABOR CONTRACT BACKGROUND: For several years, the Indian River Correctional Institution has had a annual contract with Indian River County to provide a certain labor force on a daily basis. The current contract is scheduled to expire this month. ANALYSIS: The attached form contract is basically the same as in the past with only the dates changed. RECOMMENDATIONS: Staff recommends approval of the contract and requests authorization for the Board Chairman to execute said agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Florida Department of Corrections Interagency/ Public Works Agreement, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD A JULY 259 1995 3 �uQM. D PAGE 776 I POOK. 95 pArF 7 1 7 C. Final Plat Approval - Commercial Subdivision to be known as the Sixty/95 Commercial Park The Board reviewed a Memorandum of July 18, 1995: TO: James'E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keatin , AI Community Devve�elopment irector THROUGH: Stan Boling,vAICP Planning Director 1``���� FROM: "John W. McCoy, AICP ��fA Senior Planner, Current Development DATE: July 18, 1995 SUBJECT: Ralph Evans.,, Trustee and Commercial Investment Partnership's Request for Final Plat Approval for a Commercial Subdivision to be Known as the Sixty/95 Commercial Park It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 25, 1995. DEVELOPMENT AND LOCATION: The Sixty/95 Commercial Park is a subdivision of 18.02 acres consisting of 4 lots and 2 tracts. The tracts are reserved for future development. The subject site is located in the southwest corner of the SR 60/I-95 interchange and is zoned CG (General Commercial). Subdivision lots and tracts will be developed with commercial uses that are allowed in the CG zoning district, and will be site planned on a site by site basis. At its regular meeting of June 8, 1995, the Planning and Zoning Commission granted preliminary plat approval for the subdivision. Subsequently, a land development permit was issued, and the developer bonded -out for construction of the required subdivision improvements. The owners, Ralph Evans, Trustee and Commercial Investment Partnership, through their agent Knight, McGuire & Associates, Inc., are now requesting final plat approval and have submitted the following: 1. A final plat in conformance with the approved preliminary plat. 2. A cost estimate for the required subdivision improvements. 3. A contract for construction for the remaining required subdivision improvements. 4. A letter of agreement to guarantee construction of the required improvements. JW5, 1995 - ANALYSIS: At this time, none of the required subdivision improvements has been completed. A contract for construction for all of the required subdivision improvements., along with a letter of credit to secure the contract, have been submitted,by the applicant. The county engineering division and the utility services department have approved the cost estimate, and have verified that the letter of agreement amount is adequate to cover the estimated cost of the remaining required improvements. The county attorney's office has approved the construction contract for legal form and sufficiency and has approved the format of the letter of agreement. The letter of agreement will be finalized prior to the recording of the plat. All applicable requirements regarding final plat approval have been satisfied. Pursuant to the county's LDRs, the applicant will be required to obtain a certificate of completion, after completion of the required improvements. At that time, the applicant will warranty the utility improvements via a Utility Services department Bill of Sale. Since no other improvements are being dedicated to the public, no other warranties are required. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Sixty/95 Commercial Subdivision and authorize the chairman to sign the contract for construction and the letter of agreement. Commissioner Bird announced a conflict of interest and filed the necessary form with the Clerk's office. He said his firm will have contracts on the property which is under consideration and he would refrain from discussing this matter. MEMORANDUM OF VOTING CONFLICT FORM 8B IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Bird abstaining), approved the final plat for Sixty/95 Commercial Park, as recommended by staff. ���K 9 PAGE i JULY 259 1995 5 BOOK 95 F' l uL 77'9 9 A Necessary Amendments for Balancing the Budget - 1994/95 Fiscal Year The Board reviewed a Memorandum of July 13, 1995: TO: Members of the Board of County Commissioners DATE: July 13, 1995 SUBJECT: AUTHORIZE THE MANAGEMENT AND BUDGET DIRECTOR TO DO THE NECESSARY AMENDMENTS FOR BALANCING THE BUDGET FOR THE 1994/95 FISCAL YEAR CONSENT AGENDA FROM: - Joseph A. Baird OMB Director The 1994/95 fiical year ends September 30, 1995. All budget amendments must be done prior to the close of the fiscal year to be in proper compliance. I would like the Board of County Commissioners to authorize the Management and Budget Director to do the necessary budget amendments for balancing the budget for the 1994/95 fiscal year. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized the Management and Budget Director to do the necessary budget amendments for balancing the budget for the 1994/95 fiscal year, as recommended by staff . E. Cancellation of Outstanding Taxes - (Korangy Tract) Trust for Public Land The Board reviewed a Memorandum of July 17, 1995: TO: ,BOARD OF COUNTY COMMISSIONERS DATE: July 17, 1995 FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney RE: CANCELLATION OF OUTSTANDING TAXES PROPERTY PURCHASED FOR COUNTY USE The County recently acquired some right-of-way, and, pursuant to Section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purposes.. Such cancellation must be done by resolution of the Board with a certified copy being forwarded to the Tax Collector and copies sent to the Property Appraiser and Fixed Assets Department. JULY 25, 1995 6 i r REQUESTED ACTION: attached resolution acquired. Board authorize the Chairman to sign the cancelling taxes upon lands the County recently ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 95-86 cancelling certain delinquent taxes upon publicly -owned lands, pursuant to Section 196.28, Florida Statutes, as recommended by staff. ,Re: R/w - Environmental Land Bonds Parcel #03-31-39-00000-0020-00001.0 Parcel #04-31-39-00000-0020-00001.0 The Trust for Public Land RESOLUTION NO. 95-. 96 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in 0. R. Book 1063, Page 2290, which was recently acquired by Indian River County as environmentally significant land, are hereby cancelled, pursuant to the authority of section 196.28, F.S. 2. The Clerk to the Board of County commissioners is hereby directed to send a certified copy of this Resolution to the Tax Collector and the Property Appraiser. JULY 259 1995 7 BOOK 95 P4cE 780 so -95 PAu 781. RESOLUTION 95-86 The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , 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 Chairmcn thereupon declared the resolution duly passed and adopted this 25 day of July , 1995. Attest: a.vaat t}tachment: Deed wig Legal Description ccs Fixed Assets Department ©This Instrument Prepared By Sarvey A. Abrams ,Regional Counsel The Trust for Public Land 2100 Centerville Road Suite A Tallahassee, Florida 32308-4314 .V/3 a 799 RETURN TO: V- COLLINS, BROWN b CALDWELL P.O. BOX 3686 VERO BEACH. FL 32964 I BOARD OF C LINTY COMMISSIONERS INDIAN R R COUNTY, ORIDA By K nneth R. Macht, Chairman d"/S•do Qom• DOCUMENTARY STOMPS DEED $ . 70 NOTE i JEFFREY K. BARTON. CLERK INDIAN RIVER COUNTY JEMMY K. BARTON CLERK CIRCUR COURT INDIAN RNER CO.. FLA WARRANTY DEED con (STATUTORY FORM - SECTION 689.02, F.S.) C- c TRIS INDENTURE, made this el'Mday of ­a 4 hVC , A.D. 1995, between THE TRUSTS FOR PUBLIC LAND, a charitable nonprofit California corporation, authorised to carry on business in Florida, grantor, and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is c/o Community Development Department. 1840 25th Street, Vero Reach, Florida 32960,t.> grantee, C3 lW6en•ar mad tianis de terms •motor mad Inow isbda as dw parties to dis tomer asd edr can, kgd sep,arW. ssseemn sndN meter.'Cearor asd •s.am.e• sur and tw dnSWw and pbnt, n d* eaeI s*0. sod toe sae of mar sada► ilwa brbds an seoden l NITRESSMs That the said grantor, for and in consideration of the am of Ten Dollars and other good and valuable considerations, to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee** successors and assigns forever, the following described land situate, lying and being in Indian River County, Florida, to -wits See Exhibit •A• attached hereto and by this reference made a part hereof. i Property Appraiser's Parcel Identification Numbers -34- COOACO-Deaj�Q�� TOOETBER with all the tenements, hereditaments and Dy- 3I- 39-OQOOQ-Qpgo�.�l,0 ppurtenances thereto belonging or in anywise appertaining. �j SUBJECT TO applicable restrictions, easements, and covenants of record, zoning and planning laws, and ad valorem taxes for 1996 and thereafter] AND the said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. JULY 259 1995 8 M RESOLUTION 95-86 EXHIBIT "A" LEGAL DESCRIPTION All of Government Lot 2, west of AIA, except the north 167.82 I feet thereof, and less A1A right of way. in Section 3. All of C Governments Lots 2, 4, and 5, in Section 4; and that part of Government Lot 3 in Section 4, described as follows: C From the Southeast corner of said Government Lot 3 run west on W w the South Line thereof 500 feet for a point of beginning; from said point of beginning run Northwesterly on an interior angle of 145 degrees with the South line of said Lot 3, to the west N line of said Lot 3; thence run South along the west line of N said Lot 3 to the Southwesterly corner of said Lot 3; thence run East on the South line of said Lot 3 to the point of N beginning; Together with all riparian attd littoral rights pertaining thereto. All of the above described property lying in Township 31 South, Range 39 East, Indian River County, Florida. JULY 25, 1995 9 mac 95 mi'782 V IN WIMSS W the grantor has hereunto set grantor's hand and sea,, tW.day and year first above written.:•..:...�i. Signed, sealed and delivered THE 7RVST FOR PUBLIC LAND, a elltiitfbl�t; r+► ;�� : int restnee oft nonp ornia rporatlo No • r BY Names W. -Vale Allen •'`%,sR$t! twredMEMO .• • Titlet Vice President �•� •`' If 2100 Centerville Road, Suite A Tallahassee, FL 32308-4314 hissed VVAftM (CORPORATE SEAL) Tea Dwrmm OQ n wmm" NTMI DOCVYQRAW W&WTA= f mm&w O cm"n mav nomm QAWM 06ZZUC901 M STATE OF FLORIDA) COUNTY OF LEON The foregoing Instrument was acknowledged before me thisA.�`day of �� 1995, by W. Dale Allen, Via President Who Trust for Public Land, a charitable nonprofit CC itor_ma corpo Ion. u person (Notary Public must check applicable box): [X] Is personally known to me. produced a current driver license. O produced as Identification. 0711 (NOTARY PUBLIC SEAL) Q • C' 1 �.t�/� Notary Pubig(PrN mn *, Typed or Stamped NEtetMl A � N O Notary Public) woasaSv VIccz+�ppo*g Commission No.: e.r. "a My Commission zptres: "'07p'R1°1i111t"0 EXHIBIT "A" LEGAL DESCRIPTION All of Government Lot 2, west of AIA, except the north 167.82 I feet thereof, and less A1A right of way. in Section 3. All of C Governments Lots 2, 4, and 5, in Section 4; and that part of Government Lot 3 in Section 4, described as follows: C From the Southeast corner of said Government Lot 3 run west on W w the South Line thereof 500 feet for a point of beginning; from said point of beginning run Northwesterly on an interior angle of 145 degrees with the South line of said Lot 3, to the west N line of said Lot 3; thence run South along the west line of N said Lot 3 to the Southwesterly corner of said Lot 3; thence run East on the South line of said Lot 3 to the point of N beginning; Together with all riparian attd littoral rights pertaining thereto. All of the above described property lying in Township 31 South, Range 39 East, Indian River County, Florida. JULY 25, 1995 9 mac 95 mi'782 BOOK 95 FADE 183 F. Approval of FY 95/96 Radiological Emergency Preparedness Agreement (FP&L) The Board reviewed a Memorandum of July 19, 1995: TO: Board of County Commissioners THROUGH: Douglas Wright, Direc-;:or Department of Emergency Se vices FROM: Nathan McCollum, Radiological Emergency AnalystA�#, Division of Radiological Preparedness DATE: July 19, 1995 SUBJECT: Approval of FY 95/96 Radiological Emergency Preparedness Agreement (FP&L Grant) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS Each year representatives from the Florida Department of Community Affairs, Florida Power and Light Company, and the Indian River County Department of Emergency Services, negotiate the Radiological Emergency -Preparedness Agreement (Grant). The Agreement is predicated on responsibilities defined by the United States Nuclear Regulatory Commission in Rule 10 CFR, Part 50 and 70, and NUREG 0654, FEMA -REP -1, Revision 2. During negotiations this year, an agreement was reached wherein Indian River County will receive $64,700.00 in grant funds to enable the County to carry out its responsibilities as provided in the above referenced authorities. This represents a decrease of $730.00 from the previous year. ALTERNATIVES AND ANALYSIS The Agreement provides for the County to participate in the following radiological emergency planning and preparedness activities: 1. Recurring maintenance and major revisions to the local radiological emergency plans and implementing procedures; 2. Participation in exercises and evaluation of exercises; 3. Provides funds for a full time REP Analyst position to maintain plans, calibrate radiological monitoring equipment, develop improved traffic control -plans for evacuation, improve procedures for reception and decontamination center, and update shelter surveys required for a host county. 4. Provides funds for administrative services to aid in REP planning and administrative requirements. 5. Maintain close liaison with adjacent risk and host counties for the purpose of interfacing emergency plans and activities. =5, 1995 10 This is the fifth year that FP&L has agreed to fund the salary, benefits, and associated expenses for a REP Analyst to complete requirements of the referenced authorities. The scope of work and additional demands placed on counties by state and federal agencies precluded county staff from completing the tasks on a part time basis as was being done prior. The REP Analyst position is 100% funded by FP&L. The salary and benefit package mirrors the county personnel system. Funds are also included for the vehicle allowance for the Analyst position. As in previous years, funds in the amount of $4,000 have been allocated to provide administrative assistance in planning functions related 'to Radiological Emergency Preparedness, Response and Recovery. However, no regular part-time employee service is required in this fiscal year. No new position will be created as a result of the acceptance of this grant. It should be noted that if at any time the grant is not funded by FP&L, the County would have no obligation to pick up the expenses now covered by the grant. The total salary and benefit package for the full time position and the administrative assistance totals $50,370.00. The balance of the $64,700.00 will be utilized in the maintenance of the multi -county alphanumeric notification alert system and mandated power plant plan development for the REP program in the county during the fiscal year. RECOMMENDATION Staff recommends the Board approve the FY 95/96 Radiological Emergency Preparedness Agreement as noted above and authorize the Chairman to execute the necessary documents. Staff also recommends approval of a budget amendment as necessary for the funds to be received and allocated to the FP&L budget account. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Fiscal Year 1995/96 Radiological Emergency Preparedness Agreement with the State of Florida Department of Community Affairs, as recommended by All staff. (Clerk's Note: Budget Amendment was not necessary and not submitted.) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JULY 259 199511 POOK 95 PAGE 784 NON-PROFIT TAX EXEMPTIONS - FRANK ZORC The Board reviewed a letter of July 12, 1995: FRANK L. Z O RC REAL ESTATE BROKER BUILDING CONTRACTOR July 12, 1995 Charles W.Sembler II 95 w,$E785 2501 27th Avenue Vero Beach, Florida 32960 Telephone: (407) 562-4616 Representative 80th District RE; Non Profit 407 House Office Building Tax Exemptions Tallahassee, FL 32399-1300 P.O. 2380 City Hall, Vero Beach, FL ATTN: Carol FAX Dear Charles: YOUR RECENT BILL TO AMEND STATE STATUTES TO OPEN TO THE PUBLIC ALL FILES PERTAINING TO NON PROFIT STATUS AND TAX EXEMPTIONS WAS SUPPORTED BY MANY CITIZENS, THE COUNTY COMMISSION AND BY TWO EDITORIALS IN THE LOCAL PRESS JOURNAL. It was a great disappointment when it failed to pass. Was there a lobby that had a part in stopping it ? Please write me the reasons for'it's failure, and what can be done to work toward passage as soon as possible. IN THE MEANTIME, many feel there simply MUST BE a option for a individual to look at these files for their compliance or non compliance and report back to the County Commission. I hereby request you and, the County Commission explore every possible avenue to achieve that. By copy of this letter I request the subject be placed ca the next Commission agenda for Commission & public discussion and action. Re ectfu XC County Commission IRC Taxpayers ank L. Interested parties FLZ/jod _3Z 25 Years lit Pero Bearlt Honte Building & Real Estate•Ser ices ube:. (H)OOS.n REALTOR atpprecutte the opportunitu to help uou in anu real estate need", HA rn►w+.w JULY 259 1995 12 Frank Zorc of 2044 DeLeon Avenue discussed a HUD housing project in Vero Beach which obtained high rents of $535 each on 80 1 -bedroom apartments, together with federal subsidies of $500,000 per year, while being totally exempt from Indian River County taxes. This non-profit status causes a loss of income to the County of about $40,000 per year and this is just 1 example. Mr. Zorc stated that he does not accuse anyone of impropriety but wants to know if the entities claiming non-profit status are in compliance. He believed it is unfair that taxpayers pay extra taxes to make up the losses. Last year some taxpayers hired Attorney Jim Wilson to assist them in attempting to gain access to the records of non-profit entities. The Press -Journal has had several editorials saying the taxpayers should have a right to examine these records. Representative Sembler gave his full cooperation to their inquiries and' prepared a bill which, unfortunately, did not pass. The Speaker of the House suppressed the bill and it never got to a full vote. Mr. Zorc believed that public scrutiny is needed in light of several recent incidents involving theft and improper use of non-profit entity funds. Chairman Macht asked Deputy Attorney Collins to explore any avenue where a representative of the Board could review these records and make a report to the taxpayers. Deputy Attorney Collins stated that an opinion has been handed down that these returns are confidential. The only thing this Board can do is attempt to support the move for legislative change through FACo. Commissioner Tippin suggested that he could ask the Treasure Coast Council of Governments to also support the needed legislation. Commissioner Adams felt that not everyone will jump on the bandwagon just because it is right. This is just part of a larger problem showing up around the nation. She felt sure that FACo will support the effort and suggested that the best method for obtaining the needed change would be for Mr. Zorc to visit Tallahassee. Commissioner Eggert again asked staff for a list of all non- profit entities in the County. Mr. Zorc suggested the Florida Department of Revenue might make an audit of non-profit entities as it is their document which is causing the problem. Chairman Macht noted that non-profit entity requirements have been tightened in the County. JULY 259 1995 13 Box 95 FAGS 78- BOOK 95 FACE 1 87 Commissioner Bird expressed his opinion that a lot of non- profit entities do not own any real estate and that those non- profit entities which do own real estate are probably in the minority. CONSENSUS was reached that the Board will contact FACo, the Treasure Coast Council of Governments and the Legislative Delegation to elicit support for making non-profit filings available for examination. ADMINISTRATIVE APPEAL OF PEP REEF - FRANK ZORC The Board reviewed a letter of July 14, 1995: July 14, 1995 Mr. Ken Maeht. Commismion C'laairman I.R. County Commission 1840 25th. Si. Vero Beach, FL 32960 Dear Chairman Macht: R 0°7-tL4-q5& I2:40PM irc76 +AkT�AIt t1J mans On July 6, 1995 1 wrote to you lxitaidmg to the news story and comments attributed to Commissioner Fran Adams, stating with regard to administrative appeal on the PEP Reef, 1t an appeal fails, Adams said, the county will "go after" those who filed an appeal to recoup the county's legal cxwts. This appears to be a most inappropriate "threat" to keep citizens from filing appeals, and it likely would produce fear and keep many citizens from filing. The public need's to know if Commissioner Adam's threat is the consensus of the thinking of the County Commission, and whether it applies only to the PEP Reef which has been one special cause of Commimsioner Adam's, and on which the app al process in effect caused a year delay much to her dismay. Therefore. I request the subject be put on the agenda far public discussion on the. July 15, 1995 Commission meeting. XC Mr. Mike Walthem Other Interested Parties JULY 259 1995 14 r Frank Zorc of 2044 DeLeon Avenue had read a Press -Journal editorial quoting Commissioner Adams as saying the County will "go after" those who file administrative appeals. He felt the quote may not be meant to frighten taxpayers but the appeal process is available to the average taxpayer and the taxpayer should not have to worry about the County going after him should he lose the appeal. Mr. ZorcIs concern is relative to the PEP reef and he recalled that he had understood that the benefiting property owners would pay their fair share of the cost. He requested that each commissioner share their feelings on this project and the appeal process. Deputy County Attorney will Collins emphasized that an effort to recover attorneys fees would not be made unless it were first determined that the petition was filed for improper reasons. If the Board reached a consensus that the petition was filed for improper or frivolous reasons, and if the hearing officer concurred, the County would then be in a position to seek to recover attorney fees. 1995-96 MILLAGE RATES The Board -reviewed a letter of July 21, 1995 and a Memorandum of July 24, 1995: A ' GARY C. WHEELER * INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MFM8ER AF NATIONAL SHERIFFS ASSOCIATION 4056 41st AVENI IR VERO BEACH, FLORIDA 329SC•1809 PHONE 407.869-8700 Mr. James E. Chandler, County Administrator July 21.1995 Indian River County 1840 25th 9ftet Vero Beach, FL 32960 Re: 1995-96 Budget Request Dcu Mr. Chandler: On Tuesday, July 18, 1995, the Bosun of county Commielsionars agmed with your recommendation to reduce my 1995-% budget request by $100,000. I have chosen to reduce the expanse portion of my Correction Budget by $100,000. If you have any questions or any further information is required, please let me know. Sincerely, Qary C. Wheelar, Sheriff 788 JULY 259 1995 15 BOOK 95 PACE 789 TO: - Members of the Board of County Commissioners DATE: July 24, 1995 SUBJECT: 1995/96 Proposed Millage Rates FROM: Joseph Baird OMB Director The 1995/96 budget reductions presented to and approved by the Board on Tuesday, July 18, 1995 included a $100,000 reduction in the Sheriffs Law Enforcement budget. The Sheriff has issued a letter stating the reduction will come from the Corrections budget. This changes the millage rates for the General Fund and M.S.T.U.. The following are the proposed millages after revisions due to the above change: Millage Rates Rolled -back Revised Difference % Increase General Fund 4.1264 -4.2999 0.1735 4.20% MSTU 1.5173 1.6236 0.1063 7.01% Emergency Services 2.0772 2.3129 0.2357 11.35% Aggregate 6.6539 7.0816 0.4277 6.43% Land Acquisition Bond N/A 0:3069 N/A N/A OMB Director Joe Baird reviewed the figures for the Board and advised that the aggregate is the same, only the allocation has been changed in that the MSTU has been increased and the general fund has been decreased. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the proposed 1995-96 millage rates. JULY 259 1995 16 � � A PROFESSIONAL ENGINEERING SERVICES SOUTH AIA EMPROVEM ENTS - AMENDMENT NO. 1 - ICIAMEY-HORN AND ASSOCIATES, INC. The Board reviewed a Memorandum of July 17, 1995: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E� Capital Projects Manager SUBJECT: Amendment No. 1 Professional Engineering Services South AIA Improvements DATE: July 17, 1995 IGmley-Horn has recently completed the design of improvements on South SR Al from Spyglass Lane to 800 feet north of Harbor Drive. The original Agreement did not include final certification of the completed project as required by the St. Johns River Water Management District and the Florida Department of Transportation. The Florida Department of Transportation requires that this certification be performed by the "Engineer of Record", Kimley-Horn's Project Engineer, who. signed and sealed the permit drawings. The attached Amendment No. 1 provides for final certification of the project. The compensation due the Engineer for Amendment No. 1 is $1,450. This added to the current contract amount of $31,672 results in a revised contract amount of $33,122. IGmley-Horn is also requesting a partial release of retainage in the amount of $3,008.84 for the completed design services. Staff recommends the following actions be taken: I. Approve Amendment No. 1 in the amount of $1,450. 2. Approve partial release of retainage in the amount of $3,008.84. Funding is from Account 101-152-541-067.37. JULY 259 199517 Boa 95 inE 790 ON MOTION Commissioner I 600K 95 PAGE 791 by Commissioner Eggert, SECONDED by Adams, the Board unanimously approved Amendment No. 1 in the amount of $1,450 and partial release of retainage in the amount of $3,008.84 to Kimley-Horn and Associates, Inc., as recommended by staff. AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD COPELANDS LANDING PHASE II - REMAINING LAND DEVELOPMENT URROVEMENTS - CARTER ASSOCIATES INC. The Board reviewed a Memorandum of July 17, 1995: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director e FROM: Roger D. Cain, P.E. County Engineer SUBJECT: Copelands Landing Phase II SD -87-05-06 Remaining Land Development Improvements DATE: - July 17, 1995 DESCRIPTION AND CONDITIONS Indian River County is holding money in the amount of $44,200.00 for the completion of the improvements to this development. The Board of County Commissioners has previously authorized the county to proceed to have the remaining improvements completed. The county has obtained a quote from Carter Associates, Inc. engineers for the preparation of the .plans for the completion of that work which could be paid from the money held by the county. The letter of quotation is attached to this Agenda Item for the Boards inspection. The County Attorney has advised us that a letter form of agreement would be satisfactory is this instance as an agreement to have Carter Associates to do this work for the county ALTERNATIVES AND ANALYSIS Ile county staff believes that the $2,500.00 quotation is a reasonable quotation for the work involved. County staff will provide any other services and will receive bids and recommend award for the work. The $2,500.00 cost is less than the amount requiring the Consultants Negotiation Act, and therefore this work does not fall within the act. JULY 25, 1995 18 Alternative No. 1 - The Board should accept the quotation for the work of preparing plans and specifications and contract documents and providing reproducible plans _and contract bid documents for completion of the work remaining for Copelands Landing Phase II and direct staff to execute any documents, or otherwise approve the obtained services from Carter Associates, Inc. Alternative No. 2 - Because of the need to proceed with this and because Carter Associates, Inc. is the engineering firm that has the most familiarity with this development, no other alternative is presented to the Board. RECOMMENDATION & FUNDING Staff recommends Alternative No. 1. Funding to be from the monies held by the county, obtained from the calling of the letter of credit for Copelands Landing Phase H. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Alternative No. 1, as recommended by staff. UTILITIES POLICY FOR DEFERRED O MF,) PAYMENT PLAN FOR HARDSHIP CASES AND PREPAYMENT OPHONS FOR PART -TDM RESIDENTS The Board reviewed a Memorandum of July 12, 1995: DATE: JULY 12,1995 , TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. =VTP DIRECTOR OF SERVICES PREPARED HARRY E. ASHE -kk AND STAFFED ASSISTANT DIRE OR OF UTILITY SERVICES BY: SUBJECT: POLICY FOR DEFERRED (TIME) PAYMENT PLAN FOR HARDSHIP CASES AND PREPAYMENT OPTIONS FOR PART-TIME RESIDENTS A majority of the problems experienced by the Utility Customer Service personnel are a result of non-payment of bill when due and termination of service. The Department, in an effort to work more closely with the customer in dealing with legitimate hardship situations, has analyzed various options. poa 95 PnE 792 JULY 259 1995 19 ,0, 95 FADE 793 7 The Department has analyzed various. options and proposes the following policies. The Department believes that the following policies will give the Customer Service personnel assistance in dealing with these customer related problems. 1. Deferred (Time) Payment plan for hardship cases: The following statements will be added to the Termination for Non - Payment Notice: __ Customers may avoid termination of service by the following: a. Paying the amount in arrears at the utility office before the scheduled shut-off date. b. Receiving a hardship deferment and signing a deferred (time) payment plan specifying payment terms before the scheduled shut-off date. Deferred (Time) Payment Plan for hardship cases: A customer may apply at the utility office for deferred payment, only before the shut-off date. The customer can claim a hardship by providing documentation and filing it with the Account Clerk Supervisor (or their designee). If the hardship qualifies, the customer will sign a deferred payment plan. Hardships eligible for time payment plans are: a. Loss of job. b. Medical emergency. c. Excessive bill (such as one resulting from large leaks). d. Extraordinary financial difficulties. The maximum length of a deferred payment plan shall be 90 days unless the approved plan specifies otherwise. Minimum monthly payment amounts shall be not less than one-third the total amount due unless the approved plan specifies otherwise. The deferred payments must be paid in addition to the customer's regular service bill. A deferred payment plan can be granted only once within a 12 month period. A written record of each deferred payment plan will be prepared and maintained on file by the utility representative. If the Account Clerk Supervisor (or their designee) determines the customer is not eligible for a time payment plan or the customer is dissatisfied with the terms of the repayment agreement, the customer may appeal to the Assistant Director. If the customer is not satisfied with the determination by the Assistant Director, the customer may final appeal to the Director. JULY 25, 1995 20 2. Prepayment of Monthly Charges by Part-time Residents. a. The Department currently accepts prepayment of estimated monthly charges for part-time residents. b. The Department proposes the acceptance of bank drafts as a method of prepayment/payment for services by part-time residents. The Staff of the Department of Utility Services recommends approval of the above referenced policies. Commissioner Adams questioned whether consideration has been given to a method of payment which would allow the utility bill to be paid monthly in equal installments. Director Pinto responded that option had not been considered but can be looked into. Chairman Macht stated that the City of Vero Beach had attempted that option and had a lot of problems with it. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the policies for deferred (time) payment plan for hardship cases and prepayment options for part-time residents, as recommended by staff. WATER SERVICE REPLACEMENT AT WEST REGIONAL WWTP - DRIVEWAYS. INC. The Board reviewed a Memorandum of July 13, 1995: DATE: JULY 13, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI ICES r PREPARED ROBERT 0. WISEMEN, P.E AND STAFFED ENVIRONMENTAL ENGINEER �BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER SERVICE REPLACEMENT AT WEST REGIONAL WWTP INDIAN RIVER COUNTY PROJECT NO. IIS -93 -05 -DC BACKGROUND On June 13, 1995, the Board of County Commissioners approved the design of relocating the entrance road, which included the relocation of water services for the above -referenced plant. The engineer has completed its design, and the permit is in the process of being obtained from the Department of Environmental Protection. The Department proposes to use the labor contractor for construction of the subject water main at the new entrance road. JULY 259 199521 Boot 95 PmE 794 BOOK 95 F,ncE 795 ANALYSIS Staff utilizes the labor contract with Driveways, Inc., of Titusville, which was approved by the Board of County Commissioners on September 29, 1993. Staff has negotiated with the contractor to provide materials. Also, for comparison purposes, staff has requested a quote from Coastal Construction of Melbourne, the artificial wetland contractor. The following are both prices submitted to the County: Driveways, Inc. $16,728.40 Coastal Construction $24,150.00 Note: Both proposals include labor and materials. Funding for this replacement shall be paid through renewal and replacement funds. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the submitted proposal of said work in the amount of $16,728.40 and execution of the attached agreement with Driveways, Inc. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the proposal in the amount of $16,728.40 with Driveways, Inc., as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER TREATMENT PLANTS CONIMMG SERVICES RENEWAL OF AGREEMENT - CAMP DRESSER MCKEE The Board reviewed a Memorandum of July 11, 1995: TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI I SERVICES JULY 11, 1995 PREPARED WILLIAM F. cCAIN------J AND STAFFED CAPITAL S ENGINEER BY: DEPAR UTILITY SERVICES SUBJECT: WATER TREATMENT PLANTS CONTINUING SERVICES RENEWAL OF AGREEMENT INDIAN RIVER COUNTY PROJECT NO. UW -93 -06 -CO BACKGROUND On June 22, 1993, the Indian River County Board of County Commissioners approved a contract with Camp Dresser and McKee, Inc., for water plant continuing consulting services. (See attached agenda item and minutes.) The County Utilities Department is now prepared to renew this agreement for another year of service. The firm has performed well during the previous contract period. JULY 259 1995 22 ANALYSIS The negotiated fee for this contract period is $47,970.00 (For details of this agreement, please see attached.) The scope of services has been refined since our last contract with areas of service as follows: 1) Plant inspections and reports have shifted from quarterly to semi-annually at a cost of $19,426.00 (Task 100). 2) Weekly review of plant membrane performance data (Task 101) at a cost of $10,903.00. This is the most critical portion of our plant operations and requires this level of scrutiny to catch potential problems before drinking water quality is compromised. 3) Engineering assistance for water '*operations and permitting issues (Task 200). The upper limit budget is $17,641.00 and must be authorized on an item -by -item' basis by the Utilities Director. For details of services, please see the attached letter from Camp Dresser and McKee and accompanying work authorization. The total expenditures over the previous contract period are as follows: 1) Inspections and reports $27,089.00 2) Weekly performance review n/a 3) Additional operation and maintenance 10.971.00 engineering Total $38,060.00 The staff of the Department of Utility Services recommends that the Board of . County Commissioners approve the attached Work Authorization with Camp Dresser and McKee as presented. Funding for this work will be from Account No. 471-219-536-033.13. Capital Projects Engineer Bill F. McCain explained there are a couple of changes to this renewal contract in that we will -have quarterly rather than semi-annual reporting on the RO membranes. There is 1 less plant involved and only the North Beach and South County plants are still being reviewed. However, the most critical part is now being done on a weekly basis. The additional money is for an upper limit budget for additional services needed over the coming year. Commissioner Tippin questioned whether the County's employees could not carry out these inspections. Director Terry Pinto explained that the annual report is a requirement and the primary concern is the RO membranes. This is a protective measure; if problems are not caught, the membranes can be wiped out. The County employees are operators, not scientists. We are not talking about taking samples to the laboratory but actually analyzing the results of lab tests and making a BOOK fr10E.� JULY 25, 1995 23 Boa 95 pAn 797 determination as to whether or not the membranes are performing correctly. The consultants are required due to their scientific ability and training. These inspections go way beyond our water treatment personnel and the consultants are world renowned in their expertise in this field. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Engineering Services Work Authorization with Camp Dresser & McKee, as recommended by staff. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER EXPANSION PLAN, PHASE VI - WORK AUTHORIZATION WITH CARTER ASSOCIATES, INC. The Board reviewed a Memorandum of July 12, 1995: DATE: JULY 12, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCEPI DIRECT if, UT ICES PREPARED H. D. . . AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN, PHASE VI WORK AUTHORIZATION WITH CARTER ASSOCIATES, INC. INDIAN RIVER COUNTY PROJECT NO. UW -93 -34 -DS BACKGROUND On February 15, 1994, the Board of County Commissioners approved the work authorization for Carter Associates, Inc., to proceed with the design of the subject project. (See attached.) ANALYSIS During the course of the design, Carter Associates was requested by Indian River County Utilities to provide a water line analysis without fire flow. This service was beyond the scope of the existing contract. 0 The staff of the Department of Utility Services recommends approval of the payment request of $1,185.00 to Carter Associates -for professsional services rendered. .JULY 259 1995 24 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved the payment request of $1,185 to Carter Associates for professional services, as recommended by staff. BID ##5075 - NORTH COUNTY WELL FIELD The Board reviewed a Memorandum of July 10, 1995: DATE: JULY 10, 1995 TO: JAMES E. CHANDLER COUNTY ADMINIS ' FROM: TERRANCE G. DIRECTOR OF SERVICES THRII: H. T. SONNY DEAN %J& DIRECTOR OF GENERAL ERVICES PREPARED WILLIAM F. %0MJ000,0AND STAFFED CAPITAL PROCT GINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: NORTH COUNTY WELL FIELD, BID AWARD BID NO. 5075 INDIAN RIVER COUNTY PROJECT NO. UW -94 -12 -DS BACKGROUND On June 21, 1995, four bids were submitted for the above -referenced project. The low bidder was American Drilling in the amount of $249,050.00, which is well within the County's budget of $500,000.00 for this project. Funding for this project will be from the utilities impact fee fund. The three lowest bids are as follows: 1. American Drilling $249,050.00 2. Well Water Systems $358,995.00 3. Diversified Drilling $4011317.00 ANALYSIS The low bidder has been given a reference check, including their financial. background. Both the consultants (Missimer International) and the County concur that American Drilling is capable of fulfilling his contract obligations for the bid price. There 'is however, a problem with their bid proposal. American Drilling has exceeded the cost allowable in mobilization by $42,000.00. If the County adjusts this amount by the differential given the low amount of the bid, the contractor would have to refuse the job and relinquish his bid bond. As stated in the attached -letter of recommendation from the -consultant the other low bids also put a similar amount in the first two bid items, (i.e., installation of pit casing and mobilization which would be included in the first pay request along with mobilization). Please see the attached letter of recommendation from the consultant. The options available to the County for award are as follows: uUr. � fAU, E / cJ3 JULY 259 1995 25 poa 95 mi 799 1. Allow the award to the low bidder; shifting the $42,000.00 overage to Item No. repercussions of the mobilization 2 in the bid, -waiving any limit issue. 2. Disallow the low bidder due to the item and award it to overage in the mobilization line No. 2, at a $109,945.00. cost increase to the County of 3. Disallow all bids and rebid the project, with a cost to the County as follows: a) Consulting Services $2,840.00 * b) Advertisement $5,027.86 C) In house time expense $1.000.00 t, $8,867.86 Previous time. advertisement cost may be able to be reduced with less advertised RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners authorize staff to proceed with option No. 1 and approve the attached modified agreement for signature once all bond and insurance requirements have been met. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #5075 to American Drilling in the amount of $249,050, shifting the $42,000 overage to Item No. 2 in the bid, and waiving any repercussions of the mobilization limit issue; and approved the modified agreement. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED NACO DEFERRED COMPENSATION PLAN The Board reviewed a Memorandum of July 19, 1995: TO: Board of County Commissioners FROM: L William G. Collins II - Deputy County Attorney DATE: July 19, 1995 SUBJECT: NACo Deferred Compensation Plan On May 16, 1995 the Board of County Commissioners approved offering County employees an optional deferred compensation plan sponsored by the National Association of Counties. This plan is in addition to the existing deferred compensation plan offered by the International City Managers Association Retirement Corporation. The Board designated the Personnel Director as their representative to implement the NACo Deferred Compensation Plan. ,JULY 259 1995 26 Florida Statute 112.215 provides that no deferred compensation plan of a county shall become effective until the appropriate official (in this case the Personnel Director) has determined that the compensation deferred and investment products purchased pursuant to the plan will not be included in the employee's taxable income until it is actually received by the employee under the terms of the plan, and, that the compensation will nonetheless be deemed compensation at the time of deferral for purposes of Social Security coverage, retirement, pension, or other benefit program. The statute requires the Board to adopt by ordinance the deferred compensation plan; to designate the appropriate official to approve and administer the plan (i.e., the Personnel Director) and to designate the Personnel Director to make the determinations listed above. Toward that end, I would recommend that the Board of County Commissioners authorize the advertisement of a revision to Section 104.05, the deferred compensation section of Chapter 104 dealing with personnel matters in the Indian River County Code. The amendment would be as follows: "Section 104.05. Deferred compensation. A dDeferred compensation plans, are ft*f$Aj* available throus:h ICMA . Retirement Corporation or the National Association of Counties, 0 08WN on an optional basis to employees. This program is a supplement to a retirement income and it provides for a tax deferral on income contributed to the plan. The director of personnel shall approve and RECOMMENDATION: Authorize advertisement for amendment of the County's deferred compensation ordinance. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board unanimously authorized advertisement for amendment of the County's deferred compensation ordinance, as recommended by staff. JULY 259 1995 27 UR. 95 FAcr 800 B000. 95 FnE 801 VALUE AD JUSDMW BOARD - PROVIDING FOR PER DM4 COMPENSATION FOR BOARD MEMBERS The Board reviewed a Memorandum of July 17, 1995: TO: The Board of County Commissioners FROM: tt�( , William G. Collins II - Deputy County Attorney DATE: July 17, 1995 SUBJECT: Resolution Appointing Value Adjustment Board Members and Providing for Per Diem Compensation for Value Adjustment Board Members Pursuant to Chapter 194, Florida Statutes, the Board is advised to: 1. Appoint by Resolution three members of the Board to serve on the Value- Adjustment Board for 1995, with the two remaining members designated as alternates. 2. Provide by resolution for per diem compensation to the Value Adjustment Board members. The amount of such compensation is established by statute if both the County Commission . and School Board elect to allow such compensation. The School Board has made such an election. Two-fifths of the expenses are borne by the School Board and three-fifths by the County Commission. An appropriate resolution is attached for your approval. RECOMMENDATION: 1. Appoint Board members and alternates. 2. Approve. the Attached Resolution. 3. Suggest available dates after August 15, 1995 for organizational meeting with School Board. Deputy County Attorney Will Collins explained that each year 3 commissioners sit on the Value Adjustment Board and the remaining 2 serve as alternates. An organizational meeting with the School Board members can be held on either August 16, 17 or 18. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Commissioners Adams, Bird and Tippin to the Value Adjustment Board, with Chairman Macht and Commissioner Tippin appointed as alternates; set the date for the organizational meeting for Wednesday, August 16, 1995 at 9:00 a.m.; and adopted Resolution 95-87, appointing the 1995 Value Adjustment Board Members, and providing for statutory per diem compensation. JULY 259 1995 28 RESOLUTION NO. 95- 87 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPOINTING THE 1995 VALUE ADJUSTMENT BOARD MEMBERS, AND PROVIDING FOR STATUTORY PER DIEM COMPENSATION. WHEREAS, the Board of County Commissioners is required to appoint three members to the Value Adjustment Board by Florida Statutes, Section 194.015; and WHEREAS, the School Board of Indian River County has appointed its membership to the Board with allowance of per diem compensation for such members in accordance with Florida Statutes, Section 194.015 (1993) ; and WHEREAS, the cited statute requires a specific election from both the County Commission and the School Board in order to allow such compensation, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: 1. The foregoing recitals are hereby ratified and acknowledged; 2. Commissioners Bi rd T i p p i n , and Adams are appointed to the 1995 Value Adjustment Board with Commissioners M a c h t and Eggert as alternates; and 3. The above-named members of the 1995 Value Adjustment Board, or their duly authorized replacement, may receive per diem compensation for services provided on the board as allowed by law for State - employees, pursuant to the above -cited statute. em� PACE ��� JULY 259 1995 29 vooK 95 rAu803 RESOLUTION 95-87 The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner was as follows: Bird and, upon being put to a vote, the vote 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 Resolution No. 95- 87 duly passed and adopted this ATTEST: i �a BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By / 11,/l e,, R. Macht, hairman LEE A 2 5 day of July . 1995. b.c . S.TRWAM WETLAND RESOURCE MANAGEMENT PERMIT The Board reviewed Memoranda of July 3 and July 17, 1995: TO: Finance tM/ THROUGH: Roger D. Cain, P.E. �` County Engineer DATE: July 3, 1995 FROM: Michelle A. Gentile, CET Civil Engineer SUBJECT: Joint Application for a Wetland Resource Management (Dredge & Fill) Permit Originally the Engineering Division requested a check in the amount of $100.00 be issued to the D.E.P. ( Department of Environmental Protection) for a Dredge & Fill Permit for the 79th Street project in Vero Lake Estates. This is a joint permit application required by both the SJRWMD and the D.E.P. The application is supplied by the D.E.P. and is JULY 259 1995 30 submitted to SJRWMD first, then it is forwarded on to the D.E.P. for their review. Our office contacted the D.E.P. in Orlando and we were erroneously told the fee was $100.00 for a General Permit. When we made our submittal to SJRWMD they informed us this Dredge and Fill Permit was required as part of the Management and Storage of surface Waters Permit (MSSW) and the cost is $500.00. (See attached backups). Therefore, our department is returning the check made out to SJRWMD in the amount of $100.00 and are requesting that a new check for SJRWMD be made out in the amount of $500.00. TO: chairman Ken Macht FROM: James W. Davis, P.E., Public Works Director SUBJECT: SJRWMD Wetland Resource Management Permit DATE: July 17, 1995 . ......ate klic Works Community Dev. -' Utilities Finance OMB Emerg. Sere Risk Mgt. Other -------------- Please note per the attached memo, County Public Works Department has been notified that a $500 permit fee is required to fill a few feet of existing drainage ditch in Vero Lakes Estates. Staff feels the fee is absurb. Chairman Macht requested a direction to staff to tangle with the forces of evil over this arbitrary permit fee. Administrator Chandler stated that he will work with the County Attorney's office on this. CONSENSUS was reached to direct staff to vehemently oppose payment of the permit fee of $500. TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD REPORT Commissioner Eggert gave a brief report and advised that one of the problems discussed was the picking up of Medicaid patients by people operating outside of the County, which is not allowed. In those instances the County does not get credit for mileage and ambulance rates are charged erroneously. She requested an ordinance be drafted and set for public hearing to cover this problem. JULY 25, 1995 31 MOO 95 PAGi805 CONSENSUS was reached to have the County Attorney's office prepare an ordinance and set a public hearing. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:54 a.m. ATTEST: J. arton, Clerk Minutes Approved: JULY 259 1995 32 enneth R. Macht, Chairman