HomeMy WebLinkAbout8/22/1995MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, AUGUST 22,1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
Kenneth R Macht, Chairman (District 3)
Fran B. Adams, Vice Chairman (District 1)
Richard N. Bird (District 5)
Carolyn K. Eggert (District 2)
John W. Tippin (District 4)
9:00 a.m.
I�► 1 : Y 1 �
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird
4. AMMONS to the A . / M[E GFNCy ffEMS
12. Sebastian Utility System Bonds
13.A. DEP Workshop on Draft of Florida Water Plan
13.D. Wheelchair Van Ordinance - Schedule Public Hearing
5.
None
A. Regular Meeting of July 18, 1995
B. Regular Meeting of July 25, 1995
1� �Y ►11_
A. Proclamation Designating Week of Sept. 3-9, 1995
as Literacy Week in Indian River County
B. Proclamation Designating Week of Sept. 17-22, 1995
as Constitution Week in Indian River County
C. Occupational License Taxes Collected - Month of July
(memorandum dated August 9, 1995)
D. Flynn Development Corp's Request for Major Site Plan
Approval Extension to Construct a 36 Unit Apt. Complex
(memorandum dated August 10, 1995)
7. CONSENT AGENDA (on 'd ) PAS
E. Request for Floodplain Cut and Fill Balance Waiver
for Residence at 6520 114th Lane
(memorandum dated August 10, 1995)
F. Oak Point S/D - Second Modification to Contract
for Construction of Required Improvements
(memorandum dated August 2, 1995)
G. Release and Substitution of Conservation Easement -
Lindsey Lanes Subdivision
(memorandum dated August 14, 1995)
H. Grant -In -Aid Agreement in the Amount of $4,924.56
for Court Reporting Services
(memorandum dated August 16, 1995)
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None
9:05 A.M. 9. PUBLIC ITEMS
A. RUBT,CI I�
None
B. 1: DT C-USSToN YY u
None
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None
1 ' • gill 310NIKI ORNM6 '
A. Commnnifv
None
B. Emergency Sex3d=
1. Lease Agreement with Fellsmere Joint
Venture for 800 MHz Communications
Tower Site
(memorandum dated August 14, 1995)
2. Agreement with Humane Society of Vero
Beach, Inc., to Provide Animal Shelter
Services
(memorandum dated August 14, 1995)
11.
pg
C. General
Services
Department of Utility Services
(memorandum dated August 16, 1995)
D. i.ei-Lre
ervic s -
Services -
None
None
E. Office
of Management and Bnd d
None
F. Personnel
None
G. Public
Works
1.
Blue Cypress Lake Park Management
Agreement - Joneal Middleton
(memorandum dated August 14, 1995)
2.
Resolutions to Provide for the Paving and
Drainage Improvements to and set Public
Hearing Date for 130th St. (Willow Street)
from CR512 South to Berry Groves Entrance
(memorandum dated August 16, 1995)
H. Utilities
1.
82nd Ave. Final Pay Request and Change
Order No. 1
(memorandum dated August 10, 1995)
2.
Water Main Replacement at West Regional
W WTP, Change Order No. 1 and Final Pay
Request
(memorandum dated August 10, 1995)
3.
58th Ave. Water Main, Phase II Engineering
Services
(memorandum dated July 6, 1995)
� ulul � �I YY ►�
C. Commissioner Richard N Bird
D. Commissioner Carolyn K. Ega rt
E. Commissioner John W Tinrnn
None
B. Solid Waste Disposal District
1. Approval of Minutes - Meeting of 7-18-95
2. Waste Tire Recycling
(memorandum dated August 9, 1995)
3. Interlocal Agreement for Waste Tire
Processing - St. Lucie County
(memorandum dated August 9, 1995)
15. ADJOURNMrN•r
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 mi advance
of -meeting-
Tuesday, August 22, 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, August 22, 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; Charles P. Vitunac, County Attorney; and Patricia
Ridgely, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the addition of an item to
schedule the public hearing on the wheelchair van ordinance.
(13.D.)
County Attorney Vitunac requested consideration of a request
by the City of Sebastian concerning the Sebastian Utility System
Bonds. (12.)
Chairman Macht requested the addition of a reminder about a
public workshop by the Department of Environmental Protection.
(13.A.)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
added the above items to the Agenda.
Chairman Macht announced there would be no meeting next
Tuesday, August 30, 1995, unless there was an emergency need for
one.
1
August 22, 1995 -rpt`
BOOK 95 F,nE 937
APPROVAL OF MINU'T'ES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of July 18, 1995. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
Minutes of the Regular Meeting of July 18,
1995, as written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of July 25, 1995. There were
none.
ON MOTION by Commissioner Eggert,
Commissioner Tippin, the Board
Minutes of the Regular Meeting
1995, as written.
E
August 22, 1995
SECONDED by
approved the
of July 25,
CONSENT AGENDA
A. Proclamation Designating September 3-9, 1995 as Literacy Week
PROCLAMATION
WHEREAS, the ADULT LITERACY SERVICE OF INDIAN RIVER COUNTY
volunteers contributed of their time to teach adults
from age 16 to 70+ how to read and write English; and
WHEREAS, the ability to read is of fundamental importance to all
people; and
WHEREAS, this nation was founded by, and depends upon, a
literate and informed citizenry; and
WHEREAS, the purpose of the ADULT LITERACY SERVICE OF INDIAN
RIVER COUNTY is to use a one-to-one tutoring approach
to teach basic reading and writing skills to the
illiterate, or functionally illiterate, adults within
the County; -and
WHEREAS, literacy is a gateway to the full participation in the
affairs of this nation; and
WHEREAS, adult new readers should be recognized for their
efforts toward personal and civic growth; and
WHEREAS, volunteers in adult literacy programs should be com-
mended for their willingness to help others improve
their skills; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD
OF COUNTY COMNIISSIONERS that the week of September 3-9,
1995 shall be designated as
Dated
August 22, 1995
in Indian River County, and all citizens are urged to
support and honor those adults for whom the achievement
of literacy, for themselves and others, has become a
primary goal.
of August, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
�G
enneth R. Macht, Chairman
3
BOOK 95 F.nE 939
B. Proclamation Designating September 17-22, 1995 as Constitution Week
PROCLAMATION
WHEREAS, Our Founding Fathers, in order to secure the blessings
of liberty for themselves and their posterity, did
ordain and establish a Constitution for the United
States of America; and
WHEREAS, it is of the greatest import that all citizens fully
understand the provisions and principles contained in
the Constitution in order to support, preserve and
defend it against encroachment; and
WHEREAS, the two hundred eighth anniversary of the signing of
the Constitution provides a historic opportunity for
all Americans to learn about and recall achievements of
our Founders, and to reflect on the rights and
privileges of citizenship, as well as its attendant
responsibilities; and
WHEREAS, the independence guaranteed to the American people by
the Constitution should be celebrated by appropriate
ceremonies and activities during Constitution Week:
NOW. THEREFORE, BE IT PROCLAnM BY THE INDIAN RIVER COUNTY BOARD
OF COUNTY CODMSSIONERS that the week of September 17 through
September 22, 1995 be designated as
CONSTITUTION WEER
in Indian River County, and the Board urges all citizens to pay
special attention during that week to our Federal Constitution
and the advantage of American Citizenship.
Adopted this 22 day of August, 1995
4
August 22, 1995
BOARD OF COUNTY COPOUSSIONERS
INDIAN RIVER COUNTY, FLORIDA
'Kenneth -R. Nacht, Chafirinan
r � �
C. Occupational License Taxes Collected -July, 1995
The Board reviewed a Memorandum of August 9, 1995:
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: August 9, 1995
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $2.215.91 was collected in occupational license taxes
during the month of July, representing the issuance of 126 licenses.
ON MOTION by Commissioner Eggert,
Commissioner Bird, the Board
accepted the report.
SECONDED by
unanimously
D. Flynn Development Corporation's Request for Major Site Plan Approval
Extension to Construct a 36 -Unit Apartment Complex
The Board reviewed a Memorandum of August 10, 1995:
TO: James E. Chandler
County Administrator
DIV SION HEAD CONCURRENCE:
Robert M. Reatin , AVYEF
Community DevelopmenJ6irector
THROUGH: Stan Boling,,-
Planning Director
FROM: Eric Blad -10
Staff Planner, Current Development
DATE: August 10, 1995
SUBJECT: Flynn Development Corp's Request for Major Site Plan
Approval Extension to Construct a 36 Unit Apartment
Complex [SP-MA-94-10-46/IRC #94060107-002]
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 22, 1995.
5
August 22, 1995
W r 41'k -A-401
Boa 95 pw 941
DESCRIPTIONS AND CONDITIONS:
On September S. 1994, the Planning and Zoning Commission granted
major site plan approval to construct a 36 unit apartment. complex,
to be known as Sunset Apartments (See Attachment43). 'The current
expiration date of the site plan approval is September 8, 1995.
Prior to the expiration date, 'the project applicant filed a request
to extend the site plan approval expiration date. Pursuant to site
plan regulations, the request may now be considered by the Board of
County Commissioners.
ANALYSIS:
Although the LDR's have been amended since the time of project
review and approval, the members of the Technical Review Committee
(TRC) concur that subsequent amendments as applied to the subject
project are not significant enough to require any revisions or
redesign of'the project. All TRC staff members recently approved
the applicant's request for site plan extension.
As allowed under provisions of the LDR's)Flynn Development Corp.
is requesting a full one year extension of the site plan approval
expiration date. Staff has no objections to the Board granting the
request since the previously approved site plan substantially
conforms to existing LDR requirements.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the
request by Flynn Development Corp. -for a one year extension of the
major site plan approval with all original site plan approval
conditions to remain in effect. The new site plan expiration date
will be September 8, 1996.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the request of Flynn Development
Corp. for a 1 -year extension of the major site
plan approval (new expiration date September
8, 1996) with all original site plan approval
conditions to remain in effect, as recommended
in the memorandum.
E. Request for Floodplain Cut and Fill Balance Waiver for Residence at
6520 114th Lane
The Board reviewed a Memorandum of August 10, 1995:
2
August 22, 1995
TO:
THROUGH:
FROM:
James Chandler
County Administrator
James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E
County Engineer /)j
David B. Cox, P.E.
Qc
Civil Engineer
SUBJECT: Request for Floodplain Cut and Flll Balance Waiver for Residence at 6520
114th Lane, Tax Parcel I.D. No. 08-31-39-00001-0009-00000.0
REFERENCE: Project No. 9506050
DATE: August 10, 1995 CONSENT AGENDA
DESCRIPTION AND CONDPTIONS
Bill Doyle Construction has submitted a building permit application for a single family
residence on the subject property, and has requested a waiver of the cut and fill balance
requirement of Section -930.07(2)(d) of the Stormwater Management and Flood Protection
Ordinance. The site is located in special flood hazard area Zone AE with base flood
elevation of 9.0 ft. N.G.V.D. The ten year flood elevation is 4.4 ft. N.G.V.D.- The proposed
displacement of the floodplain below 4.4 ft. for which the waiver is requested is 55 cubic
yards as indicated in the attached letter from the applicant's engineer dated August 7, 1995.
ALTERNATIVES AND ANALYSIS
The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1.
of being situated in an estuarine environment within the 100 year floodplain along the
Indian River and in staff's opinion it appears that all other Stormwater Management and
Flood Protection Ordinance requirements can be met without adverse impact on other lands
in the estuarine environment. The applicant has also submitted an alternative grading plan
that satisfied the cut and fill balance requirement without needing the waiver. The
alternative plan was approved with the Type C Flood Management System Permit on August
10, 1995. The applicant is requesting the waiver so he will have the option of not
constructing an on site retention area if the waiver is granted.
Alternative No. 1
Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)1.
Alternative No. 2
Deny the cut and fill waiver. Require an on site retention area be provided to compensate
for the proposed floodplain displacement.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
7
August 22, 1995
" 9 5 nt,'E 942
95 F+u 94
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
granted the cut and fill balance waiver based
on the criteria of Section 930.07(2) (d)1, as
recommended in the memorandum.
F. Oak Point Subdivision - Second Modification to Contract for
Construction of Required Improvements
The Board reviewed a Memorandum of August 2, 1995:
TO: The Board of County Commissioners
FROM: t�'L William G. Collins II - Deputy County Attorney
DATE: August 2, 1995
SUBJECT: Oak Point Subdivision - Second Modification to Contract for
Construction of Required Improvements
Oak Point Corporation, the developer of Oak Point Subdivision, wishes for
the second time 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 November 8, 1995.
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
Second Modification to
Contract for Construction of
Required
Improvements
No. SD -93-09-08-A to
extend the completion date to
November
8, 1995, and
authorize the Chairman
to execute same.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the Second Modification to Contract
for Construction of Required Improvements No.
SD -93-09-08-A extending the completion date to
November 8, 1995, as recommended in the
memorandum.
COPY OF MODIFICATION ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
8
August 22, 1995
i
G. Release and Substitution of Conservation Easement - Lindsey Lanes
Subdivision
The Board reviewed a Memorandum of August 14, 1995:
TO: The Board of County Commissioners
FROM: uq., William G. Collins II - Deputy County Attorney
DATE: August 14, 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 3j -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 1,700 square feet
and for the release of the existing conservation easement on Lot 6, Block A,
Lindsey Lanes Subdivision, Phase I.
RECOMMENDATION:
Authorize the Chairman to execute the Release and Substitution of
Conservation Easement from Lot 6, 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.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the Release and Substitution of
Conservation Easement from Lot 6, Block A,
Lindsey Lanes Subdivision, Phase I to the land
bank placed under conservation easement on
August 5, 1994, and as recorded at OR Book
1030, Pg. 428, P/R Indian River County, as
recommended in the memorandum.
EASEMENT HAS BEEN RECORDED IN THE ??
OFFICIAL RECORDS OF INDIAN RIVER COUNTY
H. Grant -in -Aid Agreement for Court Reporting Services
The Board reviewed a Memorandum of August 16, 1995:
August 22, 1995
BUOK 95 PnF945
TO: Members of the Board
of County Commissioners
DATE: August 16, 1995
SUBJECT: GRANT-IN-AID AGREEMENT IN THE AMOUNT OF $4,924.56
FOR COURT REPORTING SERVICES - CONSENT AGENDA
FROM: Joseph A. B
OMB Directo
DESCRIPTION AND CONDITIONS
The State of Florida has decided to give each Judicial Circuit a grant to help offset recording costs
for depositions and appeals. Indian River County's share of the grant is $4,924.56. Since Indian
River County has already included all court related expenses in the budget this will not affect our
expense, but it will produce an additional revenue. A county grant form was not prepared because
this will not affect expenses.
RECOMMENDATION
Board of County Commissioners approve and authorize the chairman to sign the attached Grant -In -
Aid Agreement for Court Reporting Services to the Nineteenth Judicial Circuit, Indian River County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the Grant -In -Aid Agreement for Court
Reporting Services to the 19th Judicial
Circuit, Indian River County, as recommended
in the memorandum.
COPY OF GRANT-IN-AID AGREEMENT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
FELLSMERE JOINT VENTURE FOR 800 MHz COAMUMCATIONS
TOWER SITE - LEASE AGREEMENT
The Board reviewed a Memorandum of August 14, 1995:
Honorable Board of County Commissioners
THROUGH:' Jim Chandler, County,Administrator
FROM: Doug Wright, Director
Emergency Services
DATE: August 14, 1995
SUBJECT: Lease Agreement with Fellsmere Joint Venture for
800 MHz Communications Tower Site
10
August 22, 1995
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the meeting scheduled for August 22, 1995.
DESCRIPTION AND CONDITIONS:
The propagation study completed for the new 800 MHz communications
system has identified the area near the Fellsmere Joint Venture
(SunAg) Office/Warehouse Complex as the site which would give the
most significant coverage for the western part of the County.
Based on that information, staff has been negotiating with Patrick
Leary, President and General Manager of Sun Ag, Inc., to secure
property for a tower site.
The attached lease is submitted for review and consideration by the
Board of County Commissioners. The lease provides for an initial
ten year term with renewal year-to-year after the initial term;
rent in the form of antenna/equipment space within the equipment
structure; removal of the existing.tower; and a percentage of any
rental fees for antenna space on the tower if the County should
rent .space to any organization not directly involved in public
safety services.
The lease also provides for the County to reimburse Sun Ag, Inc.,
annually for the cost of liability insurance in the amount of
$1,000,000 since the corporation does not have the benefit of
sovereign liability and either transfer or removal of the tower
and building in the event the structures are not needed by the
County in the future.
ALTERNATIVES AND ANALYSIS:
Staff has received information that the expenses related to removal
of the existing tower would be in the range of $4,000 to $6,000.
The new 350' guyed tower is estimated to cost $100,000 and the
equipment building $50,000 or approximately $156,000 in total, not
including expenses associated with soil testing, FCC fees, etc.
The amount of $190,000 was budgeted for construction of the tower.
Staff is in the process of obtaining information relating to the
cost of liability insurance for Fellsmere Joint Venture on an
annual basis. The information will be provided to the Board prior
to or during the Board meeting of August 22, 1995.
RECONUNDATION:
Staff recommends approval of the Lease Agreement with Fellsmere
Joint Venture. _
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved the Lease Agreement with Fellsmere
Joint Venture for an 800 MHz Communications
Tower Site, as recommended in the Memorandum.
LEASE AGREEMENT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11
August 22, 1995 95 ma -946
Bou 95 pnr 94 7
CONTRACT WITH HUMANE SOCIETY FOR ANIMAL SHELTER
SERVICES
The Board reviewed a Memorandum of August 14, 1995:
TO: Honorable Board of County Commissioners
THROUGH:' Jim Chandler, County Administrator
FROM: Doug Wright, Director��-uJ
Emergency Services
DATE: August 14, 1995
SUBJECT: Agreement with Humane Society of Vero Beach, Inc., to
Provide Animal Shelter Services
On May 16, 1.995, the Board of County Commissioners authorized staff
to negotiate with potential vendors and the Humane Society
regarding a contract for animal sheltering services.
The Humane Society was the only vendor who indicated an interest in
negotiating for providing the animal sheltering services required
by the County.
The attached contract is submitted for consideration and review by
the Board.
RECOMMENDATION: Staff recommends approval of the proposed
contract.
Emergency Services Director Doug Wright pointed out that a
corrected proposed contract had been distributed and was in
accordance with directions given staff. The contract has been
negotiated over a long period of time and funding has been included
in the budget for next year.
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Tippin, to approve
the corrected proposed contract, as
recommended by staff.
Under discussion, Commissioner Bird was glad the contract was
back where it should be because the Humane Society has done an
excellent job in the past. It had taken a lot of staff time from
both organizations to work it out.
Chairman Macht thought it would work out well. He felt staff
was making a greater effort to increase responsibility for pet
ownership, through increased licensing and enforcing the law for
rabies vaccinations.
12
August 22, 1995
Executive Director of the Humane Society Joan Carlson extended
her thanks to the Board for their foresight in addressing the need
for services in the community. She felt the contract would enable
them to continue the work that they do relating to public health
and safety. She thanked Doug Wright for his patience and
cooperation in the negotiations. He has a good understanding of
what good animal services need to be in a community.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
CONTRACT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
UTILITY BILL PAYING STATION
General Services Director Sonny Dean reviewed a Memorandum of
August 16, 1995:
DATE: AUGUST 16, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TBRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: DEPARTMENT OF UTILITY SERVICES
BACKGROUND:
As requested by the Board, problems associated with providing
facilities to accommodate customers paying bills and other business
with the Utility Department will be discussed at the August 22nd
meeting.
The following is a brief outline of staff efforts since 1993, in
seeking both a short term and long term resolution:
1. Looked at installing off-street and on -street parking
along 21st Street. This was rejected by the City of Vero
Beach.
2. Proposed moving the_ Utility Department to the
Courthouse Annex. Board decided to keep their operations
all under one roof.
3. Proposed adding 4th floor to the Administration
Building and move Utility Department to front of
building. City of Vero Beach rejected addition.
4. Presently in process of hiring an Architect/Engineer
to look at adding a new wing to Administration Building.
5. In the interim, plan to install a utility bill paying
station adjacent to mail room and provide short term
parking in front of Administration Building.
Staff will be prepared to elaborate on these items and progress at
the meeting.
13
August 22, 1995 9
bm, 95, f,%r 949
Commissioner Eggert was unaware that the City of Vero Beach
had "rejected" the -addition of a 4th floor to the Administration
Building as stated in the memorandum. She understood that the City
Council did not want to permit the 4th floor without a referendum,
but they would not oppose it.
Administrator Chandler explained that the Board had authorized
staff to go forward with an architect for the addition for the
first floor, but no formal determination had been made to go with
a referendum concerning a 4th floor addition.
Chairman Macht suggested that the School Board's interest in
moving may have put aside the need for the 4th floor addition.
Commissioner Eggert believed that the School Board was not in
a big hurry to do anything, and felt the Board should at least
discuss it. She felt that was missing from the outline.
Commissioner Bird believed the room by the mailroom was
unsatisfactory for taking payments. He preferred a drive -up
facility, but suggested going back to the City to pursue more
convenient short-term parking.
Administrator Chandler advised that the room by the mailroom
was not intended to be a permanent solution. He also expressed
staff's frustrations over the various obstacles to their numerous
attempts at finding a permanent solution.
Commissioner Adams suggested a simple drive-through building
for bill paying only.
Commissioner Eggert advised that the City was willing to
accept utility bill payments.
Commissioner Bird then suggested further investigation to see
whether the City and banks would charge for the service and, if so,
how much.
Utility Services Director Terry Pinto advised that Citrus Bank
had contacted him about the possibility of taking payments at their
drive-in and he was confident arrangements could be made. Because
of the convenience of their numerous branches, he had originally
discussed the idea with First Union, but they were not interested.
OMB Director Joe Baird advised he would meet with Clerk of the
Circuit Court Jeff Barton and Finance Director Ed Fry to see if
First Union will reconsider, since the County has their accounts
with them.
Commissioner Tippin added that a solution to utility bill -
paying would eliminate the nuisance factor for those people who
don't have a checking account.
14
August 22, 1995
M M W
CONSENSUS WAS REACHED to direct staff to
negotiate with local lending institutions
and/or the City of Vero Beach about accepting
payments for utility bills; continue to pursue
a resolution to off-street, short-term
parking; and proceed with the architect for
addition to the Administration Building.
BLUE CYPRESS LAKE PARK MANAGEMENT AGREEMENT
JONEAL MIDDLETON
The Board reviewed a Memorandum of August 14, 1995:
TO: James Chandler
County Administrator
FROM: James W. Davis, P.E.
Public Works Direct -
SUBJECT: Blue Cypress Lake Park
Management Agreement - Joneal Middleton
DATE: August 14, 1995
For many years, Joe Middleton has operated, managed, and maintained the Blue
Cypress Lake Park under a management agreement which Is scheduled to expire
this year. Mr. Middleton requests renewal of the agreement. The Parks and
Recreation Committee considered the attached new agreement on August 3,
1995 and recommended approval.
Staff has prepared the attached agreement, updated the County equipment list,
and Inserted currently applicable language. Mr. Middleton has furnished a current
Insurance certificate. The alternatives presented are as follows:
Alternative No. 1
Approve the attached agreement.
Alternative No. 2
Deny approval and consider competitive selection for an entity to
manage the park.
Staff recommends Alternative No. 1.
04.1
August 22, 1995
Boa 95 F-tv 951
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Eggert, to approve
staff's recommendation (Alternate 1: Approve
the Agreement) as set forth in the Memorandum.
Under discussion, Commissioner Tippin remarked that the road
was in bad condition and asked what had happened.
Public Works Director Jim Davis explained that Joe Middleton
had graded the road for a number of years with a surplus grader.
Director Davis thought that in the peak season it was difficult for
Mr. Middleton to grade five miles of road from SR -60 all the way to
the camp, because he had such a small operation and could not spare
the time. There was also liability to be considered. While Mr.
Middleton had not graded the road for a number of years, the County
does grade it regularly, usually on a 4 -week cycle and more often
in the season.
Commissioner Adams suggested keeping a surplus grader out
there and subcontracting with someone out there to grade the road
in order to cut costs.
Commissioner Bird asked if there is a surplus grader to leave
out there, and Director Davis advised that the "surplus" grader is
used as a backup, but he will check the inventory. Mr. Davis will
talk with Mr. Middleton, canvas the area to determine if are some
equipment operators who would perform the work on a contractual
basis, and work with Risk Management. He agreed it would be to the
County's advantage to not have to transport the grader out there.
Commissioner Tippin suggested that simply using a box blade
would help to avoid damage to boats and equipment. He is not
looking for perfection, but improvement through more frequent
maintenance.
Commissioner Adams thought that using a box blade might be a
good supplement in addition to using the grader about 4 times a
year. She also suggested they might consider using an implement
which fits on the back of a tractor.
Commissioner Bird commented that these are still temporary
solutions and the possibility of paving the road is still being
explored.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
16
August 22, 1995
PAVING AND DRAINAGE IlVOROVENEENTS - WILLOW STREET
(1301H STREET) FROM CR512 TO BERRY GROVES ENTRANCE
The Board reviewed a Memorandum of August 16, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo
and
Roger D. Cain, P.E. d
County Engineer
FROM: Michelle A. Gentile, CET
Civil Engineer
TM
0� WN
SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set
Public Hearing date for.
130th Street (Willow Street) from CR512 South to 77th Street/Ditch 24,
Approximate Length 2.21 Miles
DATE: August 17, 1995
DESCRIPTION AND CONDITIONS
The County Public Works Department has initiated a public improvement assessment with
the cooperation of the Fellsmere property owners for road paving and drainage
improvements for the following:
130th Street (Willow Street) from CR512 south to 77th Street/Ditch 24, approximate length
2.21 miles.
A joint public hearing between the Fellsmere City Council and Indian River County Board
of County Commissioners will be held on September 12, 1995 at 7:00 PM at the Fellsmere
Elementary school located at 50 N. Cypress Street, Fellsmere, Florida 32848.
Two separate Assessment Rolls have been prepared at this time for Alternative No. 1, one
assessment roll was prepared for property owners who own land located in the benefited
area within the city limits of Fellsmere, the other assessment roll is for property owners who
own land located in the benefited area of the unincorporated portion of Indian River
County.
At this time three alternative assessment formulas are proposed for consideration as follows:
17
Kof 95
August 22, 1995
BOR.
ALTERNATIVE NO. 1 - Funding by Acreage - Special Assessment Only:
Total Cost of Project $744,615.21
Total Cost to City of Fellsmere Property Owners $ 9,540.57
_ Total Cost to Indian River County Property Owners $735,074.64
Total Cost per Acre (100% Special Assessment Fund) $326.62
Total Acres:
City of Fellsmere - 29.21
Indian River County - 2250.55
2279.76 Acres
95 �,A,,F 953
If the County were to share in these costs for the unincorporated area only ($735,074.64):
25% by County- Local Option Gas Tax (L.O.G.T.)
or Local Option Sales Tax (L.O.S.T.) $183,768.66
75% by Property Owners $551,305.98
Cost per Acre (Unincorporated Area Only) $ 244.965
ALTERNATIVE NO. 2 - A $2.00 Front Footage Special Assessment and an Acreage
Assessment for benefited area:
Total Cost of Project
$744,615.21
Total Front Footage ( F.F.) = 21,093
Assessed Cost per F.F. = $2.00 - Front Footage Special Assessment $ 42,186.00
Total Acres 2,334.76(l)
Cost per Acre $300.86 - Acreage Special Assessment
$702,429.21
City of Fellsmere Cost
F.F. = $2.00/F.F. x 6466 =
$12,932.00
Acreage = $300.86/Acre x 29.21 =
8,788.12
Total Cost in City of Fellsmere
$21,720.12
Indian River County Cost
F.F. = $2.00/F.F. x 14,627 = -
$ 29,254.00
Acreage = $300.86/Acre x 2305.55(l)
$693.641.09(2)
Total Cost to Unincorporated Area
$722,895.09
If the County were to share in these costs ($693,641.09)
25% by County (L.O.G.T. or L.O.S.T.)
$173,410.27
75% by Property Owners _
$520,230.81(')
Cost per Acre
$ 225.642
ALTERNATIVE NO 3 - A $6.00 Front Footage Assessment and an Acreage Assessment
for benefited area.
Total Cost of Project $744,615.21
Total F.F. = 21,093
Cost per F.F. = $6.00 - Front Footage Assessment $126,558.00
Total Acres 2,334.760)
Cost per Acre $264.72 - Acreage Assessment $618,057.210)
18
August 22, 1995
M M M
City of Fellsmere Cost
F.F. = $6.00/F.F. x 6466 = $38,796.00
Acreage = $264.72/Acre x 29.21 = 7,732.24(2)
Total Cost in City of Fellsmere $46,528.24
Indian River County Cost
F.F. = $6.00/F.F. x 14,627 = $ 87,762.00
Acreage = $264.72/Acre x 2305.550) $610.324.970
Total Cost to Unincorporated Area $698,086.97
o)This includes 55 additional acres for Berry Groves (175 Acres Assessed instead of 120
acres in Alternative No. 1 above.)
ONumber off by rounding factor.
If the County were to share in these costs ($610,324.97)
25% by County (L.O.G.T. or L.O.S.T.) $152,581.24
75% by Property Owners _ $457,743.730
Cost per Acre $ 198.54
(')Number off by rounding factor.
A separate resolution will need to be adopted to hold a Public Hearing to discuss the
advisability, cost and amount of the assessment against each property owner.
An assessment roll and plat has been prepared and filed with the Clerk to the Board of
County Commissioners.
RECOMMENDATION AND FUNDING
It is recommended that the Board:
1) Staff recommends Alternative No. 3. The applicable interest rate shall be established
by the Board of County Commissioners at the time the final assessment roll is
approved.
2) A Budget Amendment in the amount of $735,074.64 will be brought before the
Board at a future date if the project is approved.
3) Adopt a resolution setting the time and place of the Public Hearing.
MOTION WAS MADE by Commissioner Eggert,
SECONDED BY Commissioner Adams, to approve
staff's recommendation as set forth in the
memorandum (Alternative 3) by adopting
Resolutions 95-96 and 95-97 as proposed.
Under discussion, Commissioner Adams inquired if it would be
necessary to re -advertise if anything is changed at the public
hearing, and Public Works Director Jim Davis explained that it
would only be necessary if the cost to the benefitted owners is
higher than what was in the letter sent to them prior to the public
hearing.
19
August 22, 1995
800f f" onf 954
I
boa 95 i-,iu 955
Director Davis thought the joint public hearing would be held
September 12 at 7 p.m., as long as the City acts quickly and is
able to get their advertising in on time and the Board makes a
decision today. The City can take independent action at a later
date.
Commissioner Eggert believed the Board needed to move it
forward.
Director Davis explained that at least 10 days prior to the
hearing a first class letter would be sent to every property owner
in the benefitted area in both the city and county.
If the project was totally rejected at the hearing,
Commissioner Bird suggested they had two other alternatives, 1) not
do the project, or 2) do it using transportation funds without
assessment, if they can justify that it's a main artery and then
the property owners on the connecting roads can be assessed. He
did not know if it qualifies.
Commissioner Eggert interjected a third alternative: forced
assessment.
Commissioner Adams thought the whole idea of the public
hearing was responding to their request to come up with some
figures to see what the costs would be. We're doing that for them,
and now is up to them to make the decision whether or not they want
to go with it.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
Later, Commissioner Bird requested that staff prepare some
good graphics to have on hand at the meeting in Fellsmere.
20
August 22, 1995
Providing (First Reso.) 1/5/94(ENG)RES1.MAG\gfk
RESOLUTION NO. 95- 96
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 130TH
AVENUE (WILLOW STREET) FROM CR512 SOUTH TO 77TH
STREET/DITCH 24, APPROXIMATE LENGTH 2.21 MILES.
PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIFICALLY BENEFITED.
WHEREAS, the County Public Works Department has initiated
a public improvement assessment with the cooperation from the
Fellsmere property owners for Road Paving and Drainage Improvement
for 130th Avenue (Willow Street) from CR512 south to the Berry
Groves entrance.
WHEREAS, the construction of paving and drainage
improvements by special assessment funding is authorized by Chapter
206, Section 206.01 through 20.6.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed
by the Public Works Department; and the total estimated cost of the
proposed paving and drainage improvements is SEVEN HUNDRED FORTY
FOUR THOUSAND, SIX HUNDRED FIFTEEN DOLLARS and TWENTY-ONE CENTS
($744,615.622); and
WHEREAS, the benefited area includes areas in the
incorporated City of Fellsmere and unincorporated Indian River
County., the cost to be borne by the incorporated City of Fellsmere
shall be as set out in duly adopted resolutions and assessment
rolls enacted by the incorporated City of Fellsmere.
WHEREAS, the amount to be assessed to properties in the
unincorporated County shall be the total project cost less the cost
assessed to properties in the incorporated City of Fellsmere by the
City of Fellsmere. The assessment •for properties in the
unincorporated county shall be determined as follows:
21
August 22, 1995
RVC1K 5 FnE 956
Boos 95 ,P,�rF 957
1. A front footage charge of $6.00 per front foot in the
unincorporated county; and
2. A 75% portion of an assessment based on the proportion of
property's acreage to the total number of acres in the
benefited district in the unincorporated county. The
remaining 25% portion of this part of the total assessment
shall come from other legally available accounts and will not
be assessed; and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code;
and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the time
of preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the first to be made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvement, to wit:
The following blocks, lots or tracts as shown on the plat of
Fellsmere Farms Company Subdivision of all unsurveyed part of
Township 31 South, Range 37 East in St. Lucie County, Florida,
dated Marchi, 1911, and recorded among the Public Records of
said county in Plat Book 2, Pages 1 and 2:
Tract 1747 through 1754
Tract 1839 through 1853
Tract 1939 through 1955
Tract 2029 through 2064
Tract 2129 through 2164
Tract 2229 through 2264
Tract 2329 through 2363
Tract 2364
The West h Tract 2429
The East � Tract 2429
22
August 22, 1995
Tract 2430
The West Tract 2431
The East Tract 2431
Tract 2432 through 2457
The East Tract 2458
The West Tract 2458
Tract 2459 through 2463
The East ; Tract 2464
The West ; Tract 2464
ALSO, The following tracts commonly known as Berry Groves:
Tract 115 LESS the West 92.25 feet
Tract 116 through 119
Tract 215 LESS the West 92.25 feet
Tract 216 through 219
Tract 315 LESS the West 92.25 feet
Tract 316 through 319
Tract 415 LESS the West 92.25 feet
Tract 416 through 419
ALSO the following lots which appear on the plat of
Morningside Park, recorded in Plat Book 1, Page 93 of the
Public Records of Indian River County, Florida:
Lots 43 through 46
ALSO the following blocks, lots or tracts which appear on the
plat of Homewood, a resubdivision of the Fellsmere Farms plat,
recorded in Plat Book 2 Page 14 of the Public Records of St.
Lucie County, Florida:
Lots 1, 2, 15 and 16 and the North 15.5 feet of Lots 3
and 14 in Tract 1954
Lots 3 and 14 LESS the North 15.5 feet, AND Lots 4 and 13
in Tract 1954.
Lots 5 through 12 in Tract 1954
Tract 1955
ALL now lying in Indian River County, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified
in their entirety.
2. A project providing for paving and drainage
improvements to 130th Avenue (Willow Street) from CR512 south
to the. Berry Groves -entrance; heretofore designated as Public
Works Project No. 9126 is hereby approved subject to the ' terms
outlined above and all applicable requirements of Chapter 206,
et seq. Indian River County Code.
The foregoing resolution was offered by Commissioner
Eggert
23
�a
August 22, 1995rF.'
BOOK 95 PArF 959
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 John W. Tippin Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution
passed and adopted this 22 day of August , 1995.
BOARDAF COUNTY COMMISSIONERS
OF I IAN RIVERY, IF I A
"0
B 7 WE
NNETH CHT, Chairman
Attest: C�'F�
FREY K. PARTPN, Clerj -
Time and Place (Second Reso.)
1/5/94(ENG)RES2.MAG\gfk
RESOLUTION NO. 95- 9 7
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTY ON 130TH AVENUE
(WILLOW STREET) FROM CR512 SOUTH TO BERRY
GROVES ENTRANCE AND OTHER INTERESTED
PERSONS MAY APPEAR BEFORE THE BOARD OF
COUNTY COMMISSIONERS AND BE HEARD AS TO
THE PROPRIETY AND ADVISABILITY OF MAKING
PAVING AND DRAINAGE IMPROVEMENTS TO SAID
PROPERTY AS TO THE COST THEREOF, AS TO THE
MANNER OF PAYMENT THEREFOR, AND AS TO THE
AMOUNT THEREOF TO BE SPECIALLY ASSESSED
AGAINST EACH PROPERTY BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River County has,
by Resolution No. 9 5 - 9 6 , determined that it is necessary for the public welfare
of the citizens of the county, and particularly as to those living, working, and owning
property within the area described herein, that paving and drainage improvements
be made to said property; and
WHEREAS, the Board of County Commissioners has caused an assessment roll
to be completed and filed with the Clerk to the Board; and
24
August 22, 1995
WHEREAS, Section 206.06, Indian River County Code, requires that the Board
of County Commissioners shall fix a time and place at which the owners of the
properties to be assessed or any other persons interested therein may appear before
the Board of County Commissioners and be heard as to the propriety and advisability
of making paving and drainage improvements to said property, as to the cost thereof',
as to the manner of payment therefor, and as to the amount thereof to be assessed
against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the Fellsmere Elementary School
Cafeteria located at 50 N. Cypress Street, Fellsmere, Florida, at the hour of
7:00 P.M. on Tuesday, September 12 1995 at which time the owners of the
properties to be assessed and any other interested persons may appear before
said Commission and be heard in regard to said property. The area to be
improved and the properties to be specially benefited are more particularly
described upon the assessment plat and the assessment roll with regard to the
special assessments.
2. All persons interested in the construction of said improvements and the special
assessments against the properties to be specially benefited may review the
assessment plat showing the area to be assessed, the assessment roll, the plans
and specifications for said improvements, and an estimate of the cost thereof
at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00
P.M.
3. Notice of the time and place of this public hearing shall be given by the
Department of Public Works by two publications in the Vero Beach Press
Journal Newspaper a week apart. The last publication shall be at least one
week prior to the date of the hearing. The Indian River County Department
of Public- Works shall give the owner of each property to be specially assessed
25
August 22, 1995 MoD' 95 f-A'GE 9160
BooK 95 Pao 961
at least ten days notice in writing of such time and place, which shall be served
by mailing a copy of such notice to each of such property owners at his last
known address.
The resolution was moved for adoption by Commissioner F g g P r t , and the
motion was seconded by Commissioner A d a m s , and, upon being put to a vote,
the vote was as follows:
Chairman Kenneth R. Macht
Aye
Vice Chairman Fran B. Adams
Aye
Commissioner John W. Tippin
Aye
Commissioner Richard N. Bird
Aye
Commissioner. Carolyn K. Eggert
Aye
Tle Chairman thereupon declared the resolution duly passed and adopted this
22 day of August 1995.
BOARD OF COUNTY COMMISSIONERS
IND C ,FLORIDA
By
KE
Chairman
Attest:
Je Barton, C1 n
Attachment: ASSESSMENT ROLL
I"= River county Appoved Dats
Administration 17
Budget C r
"id
Risk Management
Public Works �; �
Engineering 1 17/
26
August 22, 1995
82ND AVENUE WATER MAIN - FINAL PAY REQUEST AND CHANGE
ORDER #1 - DERRICO CONSTRUCTION
The Board reviewed a Memorandum of August 10, 1995:
DATE: AUGUST 10, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL ERVICES
PREPARED ROBERT O. WISEMEN, P..
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY VICES
SUBJECT: 82ND AVENUE FINAL PAY REQUEST AND CHANGL ORDER NO. 1
INDIAN RIVER COUNTY PROJECT NO. UW -94 -04 -DS
BACKGROUND
On April 4, 1995, the Indian River County Board of County
Commissioners approved a contract with Derrico Construction
Corporation for the above -referenced project. (See attached agenda
item.) The project is completed and has been accepted by the Indian
River County Department of Utility_ Services as well as by the
Florida Department of Environmental Protection.
ANALYSIS
The original contract price was $430,430.00. Change Order No. 1 was
originated during construction, adjusting quantities of 'estimated
bid schedules (see Items 1 through 4). Item 5, removal and
replacement of a guardrail, was necessitated to prevent undermining
82nd Avenue. This item was included as an alternative bid. Change
Order No. 1 results in an increase of $15,289.70, which brings the
final contract price to $445,719.70. Previous payment to the
contractor was $387,387.00. The contractor submitted his final pay
request in the amount of $58,332.70, which includes the previous
retainage and Change Order No. 1.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Change Order No. 1 and the
final pay request in the amount of $58,332.70 to Derrico
Construction Corporation for services rendered.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
approved Change Order No. 1 and the final pay
request in the amount of $58,332.70 to Derrico
Construction Corporation for services
rendered, as recommended in the Memorandum.
CHANGE ORDER NO. 1 ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
27
August 22, 1995
8m !f:,
Fr- I
BOOK 95 onF 963
WATER MAIN REPLACEMENT AT WEST REGIONAL WWTP -FINAL
PAY REQUEST AND CHANGE ORDER #1 - DRIVEWAYS, INC.
The Board reviewed a Memorandum of August 10, 1995:
DATE: AUGUST 10, 1995
TO: JAMES E'. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI Y VICES
PREPARED ROBERT O. WISEMEN, P.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER MAIN REPLACEMENT AT WEST REGIONAL WWTP
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -95 -18 -DS
BACKGROUND
On July 25, 1995, the Indian River County Board of County
Commissioners approved the agreement with Driveways, Inc., to
construct water main replacement at the West Regional Wastewater
Treatment Plant. (See attached agenda item.) The work has been
completed and accepted by the Indian River County Department of
Utility Services.
ANALYSIS
The original contract amount was $16,728.40. Change Order No. 1
consists of an additional valve,.a blowoff assembly, a backflow
preventor, and 108 LF of 6 -inch DIP as well as a reduction in the
quantity of the originally -estimated construction items. Change
Order No. 1 increases the contract amount by $2,126.50 to a new
contract amount of $18,854.90. The previous payment paid to the
contractor was in the amount of $14,746.77, leaving a balance of
$4,108.13 including retainage and Change Order No. 1. The
contractor has submitted a final payment request in the amount of
$4,108.13.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval
of Change Order No. 1 in the amount of $2,126.50 and the final pay
request in the amount of $4,108.13 to Driveways, Inc., for services
rendered.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
approved Change Order No. 1 in the amount of
$2,126.50 and the final pay request in the
amount of $4,108.13 to Driveways, Inc., as
recommended in the Memorandum.
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
28
August 22, 1995
58th AVENUE WATER MAIN, PHASE H. ENGINEERING SERVICES -
KIMLEY-HORN AND ASSOCIATES, INC.
The Board reviewed a Memorandum of July 6, 1995:
DATE: JULY 61 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UT IT S VICES
PREPARED ROBERT O. WISEMEN, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 58TH AVENUE WATER MAIN, PHASE II
ENGINEERING SERVICES
INDIAN RIVER COUNTY PROTECT NO. UW -94 -05 -DS
BACKGROUND
On June 28, 1994, the Board of County Commissioners approved the
water distribution project on 58th Avenue, looping and
interconnecting the water main on Oslo Road to the existing water
main on 58th Avenue at 8th Street. The project was divided into two
phases. Phase I'of said project was terminated at 5th Street, SW
due to the unavailability of rights-of-way at that time (the Public
Works Department was in the process of acquiring rights-of-way for
additional lanes of 58th Avenue from S.R. 60 to Oslo Road).
On June 13, 1995, the Board of County Commissioners awarded the
contract for construction of Phase_I to Timothy Rose Contracting of
Ft. Pierce. Recently, the Public Works Department has successfully
acquired the remainder of the rights-of-way, and the Utilities
Department staff has piggybacked and negotiated engineering services
with Kimley-Horn and Associates (Public Works design engineers for
road design). The result of negotiations in the form of scope of
services and fees are to be presented to the Board for approval.
The scope of services consists of the remainder of the original
project (construction of a water main interconnection from 5th
Street, SW to 8th Street/Phase II) and the relocation of existing
utilities within the Public Works project area.
ANALYSIS
The Utilities Department piggybacked with the Public Works
Department in the design of Phase II of the water main and the
existing Utilities relocation using their design engineer,
Kimley-Horn and Associates, for several reasons:
1. To avoid overlapping of survey requirements for utility and
roadway design.
2. For the placement of the water main at the correct location in
relation to the proposed road.
3. To avoid duplications in design in the area where the water
main must be attached to the bridge, etc.
4. For better coordination by having
same engineer.
29
August 22, 1995
the project designed by the
r
Dox , ��f_
Boor 95 pnE 965
The -scope of services also includes the relocation of existing
utilities (water and sewer main) being incorporated in the highway
design. The negotiated lump sum fee is $41,600.00. Unexpected
additional services that are not covered by the scope of services
will be charged to the County at a cost of $75.00 per hour, with a
maximum of $5,000.00 not to be utilized without prior authorization
from the Utilities Director. The new construction consists of the
remaining 58th Avenue water main from 5th Street, SW to 8th Street,
1st Street, SW, and 4th Street. This construction is estimated at
$488,400.00, including contingencies. The relocation cost of the
existing utilities within the Public Works road project area is
estimated at $89,500.00. This estimation shall update and replace
the earlier cost for Phase II (see attached agenda item dated June
20, 1994, which was approved by the BCC on June 28, 1994). Please
note that this updated cost includes the cost for utilities
replacement as well. The 85% design fee ($39,610.00) and
construction cost which pertains to the new pipe cost will be paid
and funded by the use of the impact fee fund. The other pertains to
the 15% design fee ($6,990.00) and construction cost of the utility
relocation/replacement, which will be paid and funded through the
renewal and replacement fund.
RECO-0-flMATIaN
The Utilities Department staff recommends the approval of the
proposed scope of services provided by Kimley-Horn and Associates,
Inc., for their services for a total amount of $46,600.00 (including
$5,000.00, the cost for unanticipated additional services). Also,
approval of the updated costs of said project and proceeding with
design, permitting, and advertisement of the invitation to bid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the proposed scope of services by
Kimley-Horn and Associates, Inc., in the
amount of $46,600.00 (includes $5,000 for
unanticipated additional services) and the
updated costs of said project and proceeding
with design, permitting, and advertisement of
the invitation to bid, as recommended in the
Memorandum.
AMENDMENT NO. 2 HAS BEEN PLACED
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
SEBASTIAN UTILITY SYSTEM BONDS
County Attorney Vitunac
1995, and letter of August 17,
August 22, 1995
reviewed Memorandum of August 21,
1995:
30
f j
TO: Boaarrtdl of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: August 21, 1995
RE: County Takeover of Sebastian Utility System
By the attached letter the City of Sebastian has requested that the County
execute an agreement acknowledging that the County will take no action
relating to certain bonds which the City issued to pay for the riverfront
water line project which would make the interest on the bonds taxable.
Recommendation: Staff recommends execution of the agreement.
LAw OFFIcEs OF �'�\ ` f,. "c}41
POTTER, MCCLELLAND, MARKS & HEALY, P.
vv,'
WILLIAM C. POTTER
CLIFTON A. MCCLELLAND, JR.
DOUGLAS D. MARES
PATRIcx F. HEALY
TIMOIHY M. WILLIAMS
HARRY A. JONES
OF COUNSEL REFLY TO: MELBOURNE
August 17, 1995
Charles P. Vitunac, Esq.
Indian River County Attorney
1840 25th Street
Vero Beach, FL 32960-3384
Dear Mr. Vitunac:
FIRST UNIO AN Ab1LW(;, SUIT
700 S G ABCOCE STREF�'`'li
POST I�]IS Box 2
MELBOURNE, FLS -2520
(407) 984-2700
FAx: (407) 723-4092
200 BREVARD AVENUE
CiocOA, FLORIDA 32922
(407) 634-8011
The City of Sebastian is in the process of financing the
Riverfront Waterline Project. As you recall, the City of Sebastian
imposed a special assessment for this project. Barnett Bank has
agreed to buy the bonds at a negotiated sale. Nabors, Giblin &
Nickerson, P.A. are preparing the instruments to effectuate the
closing.
The closing requires the execution by the County of the
enclosed certificate, as the County is purchasing the City of
Sebastian Utility System. If the County is unable to execute the
enclosed certification, please notify me immediately.
Respectfully,
Clifton A. McClelland, Jr.
CAM/tah
Enclosures
cc: Joel Koford, City Manager
Joel Haniford, City Finance Director
Terry Pinto, Indian River County Utilities Director
31
August 22, 1995
BOR
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
authorized the Chairman to sign the proposed
Agreement, as recommended by staff.
AGREEMENT HAS BEEN PLACED ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
DEPARZAWNT OF ENVIRONMENTAL PROTECTION -
95 ma 967
PUBLIC WORKSHOP ON (DRAFT) FLORIDA WAUR PLAN
Chairman Macht reviewed the following Memorandum of August 16,
1995, from the Department of Environmental
�L0RTDA = 9 • -
Lawton Chiles
Governor
To:
From:
Date:
Interested Parties
epartment of
ental Proteciion
Protection:
Ffiriory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
Virginia B. Wetherell �3S CS•
August 16, 1995
DISTRIRUTION lI.STt-�a -44,&
Commissioreig,_,
Administrator
Attorney
Persor ricl
R.,blic lvforkn
CornmL-pity Dei%
LtlN;?A5 v
Foance
Subject: Public Workshops on the Draft Florida Water Plan 0iolB
Emerg. Serv.
R?sit lulgt.
Other
Under Florida's water management system, responsibility for ensuring rotection, restoration and
wise use of the state's water resources is assigned to the Department o Environmental
Protection and the five regional water management districts. The dep ment and the water
management districts are cooperating as partners in intensive statewide efforts to establish better
strategies and plans for managing Florida's water resources. For the fir time, comprehensive
District Water Management Plans are now in place for each region of t ie state, and pursuant to
Sections 3 73.03 6 and 373.039, Florida Statutes, a state -level Florida Water Plan is being
developed.
On behalf of the Department of Environmental Protection and the five water management
districts, I invite you to participate in public workshops on the Florida Water Plan, which is
scheduled for adoption later this year. The purpose of the workshops is to explain the draft
Florida Water Plan and solicit suggestions from the general public prior to adoption of the plan by
the Department of Environmental Protection.
The draft Florida Water Plan is a product of close collaboration betwee the department, the
water management districts, and a broad-based team of representatives :i om federal, state, and
local agencies, as well as the private sector. The draft plan has certainly benefitted from this
32
August 22, 1995
participation. However, these efforts are still incomplete --we need to hear from you. Please tell
us: Is the Plan "on target" in terms of identifying priority water issues? Are the strategies and
selected action steps prudent to address our water problems? Do you have suggestions to
improve the Plan?
Your views are important to help us meet our responsibilities as stewards of Florida's
irreplaceable water resources. We hope you will be able to participate in one or more of the public
workshops. The schedule of workshops is attached. A copy of the agenda or the draft Florida
Water Plan may be obtained by writing to the Department of Environmental Protection, Office of
Water Policy, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, or by calling
(904)488-0784.
DRAFT FLORIDA WATER PLAN
SCHEDULE OF PUBLIC WORKSHOPS
The Department of Environmental Protection announces the following public workshops to which
M11 persons are invited.
Date and Time: September 18, 1995, at 7:00 P.M
Board of Directors Meeting Room
Suwannee River Water Management District
Corner of County Road 49 and U.S. Highway 90
Live Oak, Florida 32060
Place:
Date and Time: September 19, 1995, at 7:00 P.M.
Place: Board of Directors Meeting Room
St. Johns River Water Management District
U.S. Highway 100, West
Palatka, Florida 32178-1429
Date and Time: September 20, 1995, at 7:00 P.M.
Place: Pinellas County Commission Chambers
315 Court Street, 5th Floor
Clearwater, Florida 34616
Date and Time: September 21, 1995, at 7:00 P.M.
Place: East Central Florida Regional Planning Council
1011 Wymore Road, Room 200
Winter Park, Florida, 32789
Date and Time: September 25, 1995, at 7:00 P.M.
Place: Board of Directors Meeting Room
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33416-4680
Date and Time: September 27, 1995, at 7:00 P.M.
Place: Room 502, Chappie James Building
160 Government Center
Pensacola, Florida 32501-5794
Date and Time: October 2, 1995, at 7:00 P.M.
Place: Conference Room A, Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
33
August 22, 1995 liooK 95 '�,'r"F 960
Boot; 95 Pm E 969
Chairman Macht felt there was a need to send a representative
to the workshop in Palatka on September 19, 1995, to convey
relevant observations, complaints, and concerns of the Board and
staff. He suggested sending Assistant County Attorney Terry
O'Brien.
Following a brief discussion, it was determined that
Commissioner Adams would see that a synopsis of the Florida Water
Plan would be brought to the next Board meeting for further
consideration.
WHEELCHAIR VAN ORDINANCE - SCHEDULE PUBLIC HEARING
Commissioner
consideration of
Eggert requested that a public hearing for
the wheelchair van ordinance be scheduled for
September 19, 1995.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved September 19, 1995, to hold the
public hearing for the wheelchair van
ordinance.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:45 a.m.
ATTEST: i
V
J. arton, Clerk rj Kenneth R. Macht, Chairman
Minutes approved onr'lg 95T
34
August 22, 1995